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ADA COUNTY RECORDER J. DAVID NAVARRO 35
BOISE IDAHO 06110104 04:26 PM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridian Ciry ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
AMOUNT AO 14407~H~~3
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Jim Cobble and Shirley Cobble, Owners
3. Tuscany Development, Inc., Developer
THIS DEVELOPMENT AGREEN)~~this "Agreement"), is made and
entered into this ,28 - day of i C , ~9A3, by and between CITY OF
.MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and
JIM COBBLE and SHIltLEY COBBLE, whose address is 15 North Ridgeway, Jerome,
Idaho 83338, hereinafter called "OWNERS", and Tuscany Development, Inc., whose
address is 660 E. Franklin, Suite 240, Meridian, Idaho 83642, hereinafter called
"DEVELOPER".
RECITALS:
1.1 WHEREAS, "OWNERS" are the sole owners, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A for each owner, which is attached hereto
and by this reference incorporated herein as if set forth in full,
herein after referred to as the "Propert}~'; and
1.2 WHEREAS, LC. § 67-6511A, Idaho Code, provides that cities
may, by ordinance, require or pemvt as acondition of re-zoning
that the "Owners" or "Developer" make a written commitment
concerning the use or development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Owners" and "Developer" have submitted an
application for annexation and zoning of the "Property's"
described in Exhibit A, and has requested a designation of (R-4)
Low Density Residential District, (Municipal Code of the City of
Meridian); and
DEVELOPMENT AGREEMENT (AZ-03-024)
PAGE 1 OF~Y (~
1.5 WHEREAS, "Owners" and "Developer" made representations at
the public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
subject "Propert}~' will be developed and what improvements will
be made; and
1.6 WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
before the Planning & Zoning Commission, and subsequently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment;
and
1.7 WHEREAS, City Council, the o7rJ~ day of
November , 2003, has approved certain Findings
of Fact and Conclusions of Law and Decision and Order, set forth
in Exhibit B, which are attached hereto and by this reference
incorporated herein as if set forth in ftxll, hereinafter referred to as
(the "Findings'; and
1.8 WHEREAS, the Findings require the "Owners" and "Developer"
to enter into a development agreement before the City Council
takes final action on annexation and zoning designation; and
1.9 "OWNERS" and "DEVELOPER" deem it to be in its best
interest to be able to enter into this Agreement and acknowledges
that this Agreement was entered into voluntarily and at its urging
and requests; and
1.9 WHEREAS, "City" requires the "Owners" and "Developer" to
enter into a development agreement for the purpose of ensuring
that the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions of this
development agreement, herein being established as a result of
evidence received by the "City" in the proceedings for annexation
and zoning designation from govemment subdivisions providing
services within the planning jurisdiction and from affected property
owners and to ensure annexation and zoning designation is in
accordance with the amended Comprehensive Plan of the City of
DEVELOPMENT AGREEMENT (AZ-03-024)
PAGE 2 OF x / $
Meridian adopted August 6, 2002, Resolution No. 02-382, and the
Zoning and Development Ordinances codified in Meridian City
Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as
herein provided for, unless the clear context of the presentation of the same requires
otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue
of law of the State of Idaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
3.2 "OWNERS": means and refers to Jim Cobble and Shirley Cobble,
whose address is 15 North Ridgeway, Jerome, Idaho 83338, the
parties developing said "Propert}~' and shall include any
subsequent owner(s)/developer(s) of the "Property".
3.3 "DEVELOPER": means and refers to Tuscany Development,
Inc., whose address is 660 E. Franklin, Suite 240, Meridian, Idaho
83642, the party developing said "Property" and shall include any
subsequent owner(s)/developer(s} of the "Property".
3.4 "PROPERTY": means and refers to that certain parcel(s) of
"Propert}~' located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-4, attached hereto and by this reference incorporated
herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
DEVELOPMENT AGREEMENT (AZ-03-024)
PAGE 3 OF,3' ! 8
4.1 The uses allowed pursuant to this Agreement aze only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 B and H) which aze herein specified as follows:
Construction and development of 52 building lots and 8 other
lots on 17.5 acres, in proposed R-4 zone.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
3. DEVELOPMENT IN CONDITIONAL USE: "Owners" and
"Developer" have submitted to "City" an application for conditional use permit, and shall
be required to obtain the "City's" approval thereof, in accordance to the City's Zoning &
Development Ordinance criteria, therein, provided, prior to, and as a condition of, the
commencement of construction of any buildings or improvements on the "Property" that
require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A "Owners" and "Developer" shall develop the "Property" in accordance with the
following special conditions:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
The minimum home squaze footages shall be restricted to 2,000 square feet for a
single-level home or for atwo-level home (not including the garage), with an 8,000
squaze foot minimum lot size with approval as R-4 zoning.
B. Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
Remove any existing domestic wells and/or septic systems within this project from
their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
C. Adopt the Recommendations ofthe ACRD as follows:
DEVELOPMENT AGREEMENT (AZ-03-024)
PAGE 4 OF ~ ($
Site Specific Conditions ofApproval
1. The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet ofright-of--way from centerline along
Victory Road, and construct a minimum 5-foot wide concrete sidewalk along
Victory Road, located a minimum of 28- feet from the centerline of the right-of-
way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Victory Road, located a minimum of 28-feet from the
centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Victory Road, located at the back edge ofthe existingright-
of-way. Accomplish all necessary adjustments to properly accommodate existing
drainage and utilities.
2. Construct South Trinidad Drive to intersect Victory Road approximately 140-feet
east of the west property line (measured from property line to near edge of the
public right-of--way).
3. Extend Loggers Pass Street into the site from the west property line, as proposed.
4. Construct Trinidad Drive (from Victory Road to East Loggers Pas Drive) and
Loggers Pass Drive as 36-foot street sections with curb, gutter and 5-foot concrete
sidewalk within 50-feet ofright-of--way, as proposed.
5. Construct East Forest Ridge Court, Fallingbranch Court and East Trinidad Drive
(from Loggers Pass Street to the north) as 29-foot street section with curb, gutter
and 5-foot concrete sidewalk within 42-feet ofright-of--way, as proposed.
6. Construct two standard residential cul-de-sacs without center islands. Provide a
minimum turning radius of 45-feet.
7. Construct one non-standard residential cul-de-sac without a center island. Submit
a design of the non-standard turnaround for review and approval by District
Development Division staff.
8. Comply with all Standard Conditions of Approval.
DEVELOPMENT AGREEMENT (AZ-03-024)
PAGE 5 OFF//$
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, LSPWC Standards and approved supplements,
Construction Services procedures and all applicable ACRD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shal] submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #197, also known as Ada County Highway District
Road Irnpact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
DEVELOPMENT AGREEMENT (AZ-03-024)
PAGE 6 OF A' 18
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1. That afire-flow of 1,000 gallons per minute be available to service the entire project.
Fire hydrants shall be placed an average of 400' apart.
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
3. Acceptance of water supply for fire protection is contingent upon acceptance of the
water system by the City of Meridian for water quality.
4. All radii shall be 28' inside and 48' outside radius.
E. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows:
The District requires a Lane Use Change Application to be filed for review prior to
final platting.
2. All laterals and waste ways must be protected.
3. All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the District must review drainage plans.
DEVELOPMENT AGREEMENT (AZ-03-024)
PAGE 7 OF a" f8
4. The developer must comply with Idaho Code 31-3805.
5. Should the development be planning a pressure urban irrigation system that will be
owned, operated and maintained by the District, contact the District concerning the
installation of the pressure system.
6. Fill out and return the questionnaire in order to initiate the process of contractual
agreements between the owner and developer and the District for the ownership,
operation and maintenance of the pressure urban irrigation system.
F. Adopt the City Council action taken at their November 12, 2003 meeting as follows:
The zoning is approved as R-4 and not the requested R-8.
2. The applicant is to submit a revised Landscape Plan and Preliminary Plat to
the Planning and Zoning Department for their approval.
Additionally, the applicant shall comply with the Preliminary Plat recommendations
and conditions for Case No. PP-03-028.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "Owners" and "Developer" or "Owners" and
"Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions
Governing Development" of subject "Propert}~' of this agreement within two years of the
date this Agreement is effective, and after the "Cit}~' has complied with the notice and
hearing procedures as outlined in LC. § 67-6509, or any subsequent amendments or
recodifications thereof.
8, CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owners" and "Developer" consent upon default to the de-annexation
and/or a reversal of the zoning designation of the "Propert7~' subject to and conditioned
upon the following conditions precedent to-wit:
8.1 That the "Cit}~' provide written notice of any failure to comply
with this Agreement to "Owners" and "Developer" and if the
DEVELOPMENT AGREEMENT (AZ-03-024)
PAGE 8 OF.B' /S
"Owners" and "Developer" fails to cure such failure within six (6)
months of such notice.
9. INSPECTION: "Owners" and "Developer" shall, immediately upon
completion of any portion or the entirety of said development of the. "Propert}~' as
required by this ageement or by City ordinance or policy, notify the City Engineer and
request the City Engineer's inspections and written approval of such completed
improvements or portion thereof in accordance with the terms and conditions of this
Development Ageement and all other ordinances of the "City" that apply to said
Development.
10. DEFAULT:
10.1 In the event "Owners" and "Developer", "Owners" and
"Developer's" heirs, successors, assigns, or subsequent owners of
the "Property" or any other person acquiring an interest in the
"Property', fail to faithfully comply with all of the terms and
conditions included in this Ageement in connection with the
"Property", this Ageement may be modified or terminated by the
"Cit}~' upon compliance with the requirements of the Zoning
Ordinance.
10.2 A waiver by "Cit}~' of any default by "Owners" and "Developer" of
any one or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any
other rights or remedies of "City" or apply to any subsequent
breach of any such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Ageement, including all of the Exhibits, at
"Owners" and "Developer's" cost, and submit proof of such recording to "Owners" and
"Developer", prior to the third reading of the Meridian Zoning Ordinance in connection
with the annexation and zoning of the "Property" by the City Council. If for any reason
after such recordation, the City Council fails to adopt the ordinance in connection with
the annexation and zoning of the "Property" contemplated hereby, the "Cit}~' shall
execute and record an appropriate instrument of release of this Ageement.
12. ZONING: "City" shall, following recordation of the duly approved
Ageement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
DEVELOPMENT AGREEMENT (AZ-03-024)
PAGE 9 OF~'tS
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdicfion by either "City" or "Owners" and "Developer", or by any
successor or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific performance
of the covenants, agreements, conditions, and obligations contained herein.
13.1 In the event of a material breach of this Agreement, the parties
agree that "Cit}~' and "Owners" and "Developer" shall have thirty
(30) days after delivery of notice of said breach to correct the same
prior to the non-breaching party's seeking of any remedy provided
for herein; provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall prosecute the
curing of same with diligence and continuity, then the time allowed
to cure such failure may be extended far such period as maybe
necessary to complete the curing of the same with diligence and
continuity.
13.2 In the event the performance of any covenant to be performed
hereunder by either "Owner" and "Developer" or "City" is delayed
for causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time
of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure that installation of the,
improvements, which the "Owners" and "Developer" agrees to provide, if required by the
"City".
15. CERTIFICATE OF OCCUPANCY: The "Owners" and "Developer"
agree that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "Cit}~' and "Owners" and "Developer" have entered into an
addendum agreement stating when the improvements will be completed in a phased
developed; and in any event; no Certificates of Occupancy shall be issued in any phase in
which the improvements have not been installed, completed, and accepted by the "City".
DEVELOPMENT AGREEMENT (AZ-03-024)
PAGE 10 OF yPl l$
16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and
"Developer" agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not
meet the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY: OWNERS:
c/o City Engineer Jim and Shirley Cobble
City of Meridian 15 North Ridgeway
33 E. Idaho Ave.. Jerome, Idaho 83338
Meridian, ID 83642
with copy to: DEVELOPER:
City Clerk Tuscany Development, Inc.
City of Meridian 660 E. Franklin, Suite 240
33 E. Idaho Ave. Meridian, Idaho 83642
Meridian, ID 83642
17.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements ofthis section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing parry shall be entitled, in
addition to any other relief as maybe granted, to court costs and reasonable attorney's
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
DEVELOPMENT AGREEMENT (AZ-03-024)
PAGE 11 OFyf~ (8
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the parties' respective heirs, successors, assigns and
personal representatives, including "City's" corporate authorities and their successors in
office. This Agreement shall be binding on the "Owners" and "Developer" of the
"Property", each subsequent owner and any other person acquiring an interest in the
"Propert}~'. Nothing herein shall in any way prevent sale or alienation of the "Property",
or portions thereof, except that any sale or alienation shall be subject to the provisions
hereof and any successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written request of
"Owners" and "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City', in its sole and reasonable discretion, had
determined that "Owners" and "Developer" has fully performed its obligations under this
Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owners" and
"Developer" and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or implied,
between "Owners" and "Developer" and "City", other than as are stated herein. Except
as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect
to "City", to a duly adopted ordinance or resolution of "Cit}~'.
22.1 No condition governing the uses and/or conditions governing development
of the subject "Properl}~' herein provided for can be modified or amended
without the approval of the City Council after the "City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
DEVELOPMENT AGREEMENT (AZ-03-024)
PAGE 12 OF J.2' f $
zoning designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMEPIT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (A2-03-024)
PAGE 13 OF 1~S` f8
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNERS/COBBLE:
BY:
Ji ble
~ "~ ~ ~
BY`:.
Shirley obble
DEVELOPER/TUSCANY DEVELOPMENT,
INC.:
BY:
John o
Attest:
BY: ~~
CITY OF MERIDIAN
WEERD
DEVELOPMENT AGREEMENT (AZ-03-024)
FAGE 14 OF }4 f ~
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CITY CLERK '%'9p ~r isS •1 •2Q,•~~`
,'~~~'~9COf1NT`! ~P``1~~
~"~~~~rim uu~t`~~~~
STATE OF IDAHO )
ss:
COUNTY OF )
On s~ / day of '"1 , in the year 2004, before
me, ~ L a, ~ ~r yytc~_ a Notary Pub ic, personally appeared JIM AND
SHIltLEY COBBLE, husband and wife, lmown or identified to me to be the persons who
executed the instrument and aclo~owledged to me that they executed the same.
LINDA N. A[~AMS
~`~• ~ NOTARY PUBLIC
SE STATE OF IDAHO
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No Public for Idaho
Residing at: J 1 ve rw~
Commission expires: I-~ f - /~
DEVELOPMENT AGREEMENT (AZ PAGE 15 OF Ig /$
STATE OF IDAHO )
:ss
COUNTY OF ADA )
On this a8 ~ day of o~C2'3 <1 , in the year 2004, before
me, 1• `nf. ~ P0. L 3 o r,c z aNotary ublic, personally appeared Greg Johnson and
- known or identified to me to be the }~r-P c; rl o n~ and
- of TUSCANY DEVEIAPMENT, INC., and the persons
who executed the instrument and acknowledged to me that they have executed the same on
behalf of said TUSCANY DEVELOPMENT, INC..
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STATE OF IDAHO )
:ss
County of Ada )
such City executed the same.
On this ~S3- day of Jyr.t , in the year 2004,
before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg,
know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said
City, and
(SEAL)
..•`~ ~1CE» 3 •y.
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Residing at: ~
Commission ex Tres:
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at: /~IlRd~an
ion expires: 0 0
Z:\WorkVvllMeridianN~leridian 15360Iv1\Glacier Springs Sub AZ-03-024 PP-03-028\DevelopAgr.doc
DEVELOPMENT AGREEMENT (AZ-03-024)
PAGE 16 OF j~6 f 8
EXHIBIT A
LEGAL DESCRIPTION FOR GLACIER SPRINGS SUBDIVISION
A parcel of land lying in the SE '/4 of Section 19, Township 3 North, Range 1 East
of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as
follows:
Commencing at the South'/< comer of Section 19, T.3N., R.lE., B.M., the REAL
POINT OF BEGINNING of this description.
Thence N 00°34'26" E 1746.61 feet along the east boundary of Observation Point
Subdivision, and Meridian Greens Subdivision, to a point on the Westerly boundary of
Kachina Estates Subdivision;
Along said Boundary the following:
Thence S 50°26'42" E 628.42 feet to a point;
Thence S 00°22' 15" W 1180.62 feet to a point;
Thence S 12°21'47" E 170.89 feet to a point on the South Line of Section 19;
Thence N 89°52' 18" W 530.96 feet along said Section Line to the REAL POINT
OF BEGINNING of this description.
This Parcel contains 17.50 acres more or less.
DEVELOPMENT AGREEMENT (AZ-03-024)
PAGE 17 OF ~ / $
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Aauroval
DEVELOPMENT AGREEMENT (AZ-03-024)
PAGE 18 OF 18
BEFORE THE MERH)IAN CITY COUNCIL
C/C 11/12/03
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 17.5 ACRES FOR
GLACIER SPRINGS
SUBDIVISION, LOCATED ON THE
NORTH SH)E OF VICTORY ROAD,
EAST OF SOUTH MERIDIAN
ROAD, MERH)IAN, IDAHO
Case No. AZ-03-024
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
TUSCANY DEVELOPMENT, INC.,
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on November 12, 2003, at the hour of 7:00 p.m., and Brad Hawkins-Clazk Planner III for the
Planning and Zoning Department, and Matt Schultz, Lany Chase, Gary Sackett, Stephanie
Howard, John Berg, and John Shay, appeared and testified, and the City Council having duly
considered the evidence and the record in this matter therefore makes the following Findings of
Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 1 OF 17
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 17.5 acres in size and is located on the
north side of Victory Road, east of South Meridian Road, Meridian, Idaho, all within the Area of
Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the
Meridian Comprehensive Plan.
4. The parcel of land is contiguous to the existing city limits of the City of Meridian.
5. The owner of record of the subject property is Jim and Shirley Cobble, and they
have provided notarized consent for submission of the applications. The applicant is Tuscany
Development Inc.
6. The property is presently zoned RUT (Ada County) and consists of vacant land.
7. The Applicant requests the property be zoned as R-8 (Medium Density
Residential), with approval for zoning as R-4 (Low Density Residential).
8. The subject property is bordered to the north by RUT, to the south by RUT, to the
east by RUT, and to the west by R-4.
9. The Applicant proposes to develop the subject property in the following manner:
as a residential subdivision with 52 building lots and 8 other lots.
10. The Applicant requests zoning of the subject real property as R-8, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Medium Density Residential.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 2 OF 17
11. There are no significant or scenic features of major importance that affect the
consideration of this application.
12. The City Council recognizes the concerns of John and Marlene Shay and Matt and
Aneke Binford in their letter to Steve Amold dated 10/09/2003, and the Meridian Greens
Homeowners Association letter of Cazla Everhart dated October 21, 2003. Additionally, the
Council recognizes the concerns of John T. Berg and Jerry L. Caven in their letters dated October
6, 2003 and October 8, 2003.
13. Giving due consideration to the comments received from'the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Applicant must enter into a Development Agreement with the City of Meridian restricting
the minimum home square footages to 2,000 square feet for asingle-level home or for a
two-level home (not including the garage), with an 8,000 square foot minimum lot size
with approval as R-4 zoning. (Per action of the Council taken at their November 12, 2003
meeting.)
B. Adopt the Recommendations of the Meridian Planning & Zone ro Department as follows:
Remove any existing domestic wells and/or septic systems within this project from their
domestic service, per City Ordinance Section 5-7-517, when services are available from the
City of Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation.
C. Adopt the Recommendations of the ACRD as follows:
Site Specific Conditions ofApproval
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 3 OF 17
The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet ofright-of--way from centerline along Victory
Road, and construct a minimum 5-foot wide concrete sidewalk along Victory Road,
located a minimum of 28-feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete
sidewalk along Victory Road, located a minimum of 28-feet from the centerline of the
right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete
sidewalk along Victory Road, located at the back edge of the existing right-of--way.
Accomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
Construct South Trinidad Drive to intersect Victory Road approximately 110-feet east of
the west property line (measured from property line to, near edge of the public right-of-
way).
3. Extend Loggers Pass Street into the site from the west property line, as proposed.
4. Construct Trinidad Drive (from Victory Road to East Loggers Pas Drive) and Loggers
Pass Drive as 36-foot street sections with curb, gutter and 5-foot concrete sidewalk within
50-feet ofright-of--way, as proposed.
5. Construct East Forest Ridge Court, Fallingbranch Court and East Trinidad Drive (from
Loggers Pass Street to the north) as 29-foot street section with curb, gutter and 5-foot
concrete sidewalk within 42-feet of right-of--way, as proposed.
6. Construct two standard residential cul-de-sacs without center islands. Provide a
minimum turning radius of 45-feet.
7. Construct one non-standard residential cul-de-sac without a center island. Submit a
design of the non-standard turnaround for review and approval by District Development
Division staff.
Comply with all Standard Conditions of Approval.
Standard Conditions of'Aparovad
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 4 OF 17
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewallc and any that maybe damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five yeazs old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standazds and approved supplements, Construction Services
procedures and all applicable ACRD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordmance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACHD right-of--way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare
or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the properly which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 5 OF 17
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless awaiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minirnum levels of fire protection
for the proposed project:
1. That afire-flow of 1,000 gallons per minute be available to service the entire project. Fire
hydrants shall be placed an average of 400' apart.
2. Operational fire hydrants and temporary or permanent street signs aze required before
combustible construction begins.
3. Acceptance of water supply for fire protection is contingent upon acceptance of the water
system by the City of Meridian for water quality.
4. All radii shall be 28' inside and 48' outside radius.
E. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
The District requires a Lane Use Change Application to be filed for review prior to final
platting.
2. All laterals and waste ways must be protected.
3. All municipal surface drainage must be retained on site. If any surface drainage leaves the
site, the District must review drainage plans.
4. The developer must comply with Idaho Code 31-3805.
5. Should the development be planning a pressure urban irrigation system that will be owned,
operated and maintained by the District, contact the District concerning the installation ofthe
pressure system.
6. Fill out and return the questionnaire in order to initiate the process of contractual agreements
between the owner and developer and the District for the ownership, operation and
maintenance of the pressure urban irrigation system.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDNISION - (AZ-03-024)
PAGE 6 OF 17
F. Adopt the City Council action taken at their November 12, 2003 meeting as follows:
1. The zoning is approved as R-4 and not the requested R-8.
2. The applicant is to submit a revised Landscape Plan and Preliminary Plat to the
Planning and Zoning Department for their approval.
14. It is found that the requested zoning designation, R-8, is harmonious with and in
accordance with the effective Comprehensive Plan (' 02) and the Future Lane Use Map. The parcel is
designated for Medium Density Residential (3 to 8 dwelling units per acre). The project has a gross
density of 2.97 dwelling units per acre and a net density of 3.62 dwelling units per acre. The
common open space for the project is 0.97 acres (5.5% ofthe plat area). There aze proposed changes
to the landscaping and open space, and therefore, the applicant will need to submit a new
Landscaping Plan and Preliminary Plat. However, the zoning is approved for an R-4 re-zone.
15. The applicant has not indicated that they intend to rezone the subj ect property in the
future.
16. It is found that the proposed subdivision of single-family detached homes will be
allowed within the requested R-8 zone, but the zoning will be R-4 and will also be allowed in this
zoning designation.
17. The area in the vicinity of Locust Grove Road and Victory Road has undergone a
significant level of development recently. Tuscany Village Subdivision has recently been approved
south of Victory Road, and Sageland and Soda Springs Subdivisions aze currently proposed on the
east side of the subject properly along Victory Road. Sageland and Soda Springs have both
requested R-8 zoning designations.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 7 OF 17
r'.-
18. It is found that the proposed use (single family residential) is designed appropriately
to match with the existing and intended character of the general vicinity. Any change in the existing
character of the area is in harmony with the intended future land use envisioned by the
Comprehensive Plan.
19. It is not anticipated that the proposed residential and office uses will be hazardous or
disturbing to future or existing neighbors, however, it is deemed that R-4 zoning would be more
compatible with the neighboring Meridian Greens and Observation Pointe Subdivisions, as long as
the recommended conditions of approval aze complied with.
20. It is found that the property to be annexed will be served adequately by all essential
public facilities and services. An existing sewer trunk line runs through the subject property.
Sanitary sewer and water shall be provided via existing and new main line extensions. Applicant
shall be required to pay for the extension of water and sanitary sewer mains to and through the
proposed development. Public road access to the proposed subdivision is available off of Victory
Road and Loggers Pass Street (a stub provided by Observation Point Subdivision). All internal
streets will be constructed by the developer of the proposed subdivision.
21. It is found that there will not be excessive additional requirements at public cost and
that the annexation and zoning will not be detrimental to the community's economic welfare.
22. It is found that the proposed subdivision will not create excessive traffic, noise, or
other nuisances that would be detrimental to the general welfare of the surrounding area. The fact is
also recognized that the traffic and noise will increase with the approval of this subdivision;
however, it is not felt that the amount generated will be detrimental to the public welfaze of the City.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 8 OF 17
23. It is found that the subdivision's vehicular approaches offof Victory Road will create
new traffic on surrounding roads. However, it is not believed that the subdivision entrances will
cause significant interference on the surrounding public streets. Review of ACHD's report
concerning the vehicular approaches and traffic generation will reveal their comments on these
issues.
24. It is found that no natural or scenic features of major importance will be lost or
damaged by approval of this annexation and re-zone request. Any existing trees lazger than 4"
caliper that are removed shall be mitigated for, per the Landscape Ordinance.
25. It is found that the annexation of this property would be in the best interest of the
City.
26. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 13, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
27. It is also found that the development considerations as referenced in Finding No.
13 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appeazance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particularly considering the impact of proposed development on
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 9 OF 17
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
The City of Meridian has authority to annex real properly upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3. The City of.Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4. The zoning of (R-4) Low Density Residential District is defined in the Zoning
Ordinance at § 11-7-2 C as follows:
(R-41 Low Density Residenfial District: Only single-family dwellings shall be permitted
and no conditional uses shall be pennitted except for planned residential development and
public schools. The purpose of the R-4 District is to pernut the establishment of low density
single-family dwellings, and to delineate those areas where predominantly residential
development has, or is likely to occur in accord with the Comprehensive Plan of the City, and
to protect the integrity of residential areas by prohibiting the intrusion of incompatible
nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per
acre and requires connection to the Municipal water and sewer systems of the City.
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 10 OF 17
Idaho 65, 665 P2d 1075 (1983).
7. The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Secfion 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
The applicant's request for annexation and zoning of approximately 17.5 acres to Low
Density Residential (R-4), is granted subject to the terms and conditions of this Order hereinafter
stated.
2. The application is for annexation and zoning of 17.5 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDMSION - (AZ-03-024)
PAGE I1 OF 17
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Special Recommendafions of the Planning and Zoning Commission as follows:
Applicant must enter into a Development Agreement with the City of Meridian restricfing
the minimum home square footages to 2,000 square feet for asingle-level home or for a
two-level home (not including the garage), with an 8,000 square foot minimum lot size
with approval as R-4 zoning. (Per action of the Council taken at their November 12, 2003
meeting.)
B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
1. Remove any existing domestic wells and/or septic systems within this project from their
domestic service, per City Ordinance Section 5-7-517, when services aze available from the
City of Meridian. Wells may be used for non-domestic purposes such as landscape
h-rigation.
C. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions ofApproval
1. The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet ofright-of--way from centerline along Victory
Road, and construct a minimum 5-foot wide concrete sidewalk along Victory Road,
located a minimum of 28- feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete
sidewalk along Victory Road, located a minimum of 28-feet from the centerline of the
right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete
sidewalk along Victory Road, located at the back edge of the existing right-of--way.
Accomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
2. Construct South Trinidad Drive to intersect Victory Road approximately 110-feet east ofthe
west property line (measured from property line to neaz edge of the public right-of--way).
3. Extend Loggers Pass Street into the site from the west property line, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 12 OF 17
4. Construct Trinidad Drive (from Victory Road to East Loggers Pas Drive) and Loggers
Pass Drive as 36-foot street sections with curb, gutter and 5-foot concrete sidewalk within
50-feet ofright-of--way, as proposed.
5. Construct East Forest Ridge Court, Fallingbranch Court and East Trinidad Drive (from
Loggers Pass Street to the north) as 29-foot street section with curb, gutter and 5-foot
concrete sidewalk within 42-feet ofright-of--way, as proposed.
6. Construct two standard residential cut-de-sacs without center islands. Provide a
minimum turning radius of 45-feet.
7. Construct one non-standard residential cut-de-sac without a center island. Submit a
design of the non-standard turnaround for review and approval by District Development
Division staff.
8. Comply with all Standard Conditions of Approval.
Standard Conditions ofAvnroval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old aze not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepaze and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
pemut (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 13 OF 17
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACRD right-of--way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless awaiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire protection
for the proposed project:
1. That afire-flow of 1,000 gallons per minute be available to service the entire project. Fire
hydrants shall be placed an average of 400' apart.
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
3. Acceptance of water supply for fire protection is contingent upon acceptance of the water
system by the City of Meridian for water quality.
4. All rndii shall be 28' inside and 48' outside radius.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 14 OF 17
E. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
The District requires a Lane Use Change Application to be filed for review prior to final
platting.
2. All laterals and waste ways must be protected.
3. All municipal surface drainage must be retained on site. If any surface drainage leaves the
site, the District must review drainage plans.
4. The developer must comply with Idaho Code 31-3805.
5. Should the development be planning a pressure urban irrigation system that will be owned,
operated and maintained by the District, contact the District concerning the installafion of the
pressure system.
6. Fill out and return the questionnaire in order to initiate the process of contractual agreements
between the owner and developer and the District for the ownership, operation and
maintenance of the pressure urban irrigation system.
F. Adopt the City Council action taken at their November 12, 2003 meeting as follows:
The zoning is approved as R-4 and not the requested R-8.
2. The applicant is to submit a revised Landscape Plan and Preliminary Plat to the Planning and
Zoning Department for their approval.
4. The City Attorney shall prepaze for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (R-4) Low Density Residential District and Meridian City Code § 11-7-2.
Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance
with the provisions of the annexation and zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 15 OF 17
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the City
Clerk not morethantwenty-eight (28) days after the final decision concerning the matter at issue. A
request for a regulatory takings analysis will toll the time period within which a Petition for Judicial
Review may be filed.
Please take notice that this is a final action of the governing body of the City of Meridian.
Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property
which may be adversely affected by the issuance or denial of the annexation and zoning and who
may within twenty-eight (28) days after the date ofthis decision and order seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the Z~~ da of
Y
~6~(/~6v~~yP"i .2003.
ROLL CALL
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc CANDLESS
COUNCILMAN WILLIAM L.M. NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 16 OF 17
VOTED~~
VOTED~i.(~
VOTED ~ ~~n-~
VOTED~d--
VOTED
DATED: l~-Z ~' ~
MOTION: ~ ~ ~
Attest:
G. Berg, Jr., City
Copy served upon Applicant, the
the City Attorney.
DISAPPROVED:
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and
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Z:1Work1MVvleridianlMeridian 15360M`Glacier Spriug Sub AT 03-024 PP-03-028~AZFFICI&Order.dyc ,,
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
GLACIER SPRINGS SUBDIVISION - (AZ-03-024)
PAGE 17 OF 17