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PARTIES:
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 35
BOISE IDAHO 09/17104 02:39 PM
DEPUTY Bonnie Oberbillig 1111111111111111111111111111111111111
RECORDED-REQUEST OF 104119648
Meridian Citv
DEVELOPMENT AGREEMENT
1.
2.
3.
City of Meridian
James Fuhrman and Diane Fuhrman, Owner
Robert Chavez, Owner
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 30-6 day of ,4e.c q ",.J"'¡- , 2004, by and between CITY OF
MERIDIAN, a municipal corporation õfthe State ofIdaho, hereafter called "CITY', and
JAMES and DIANE FUHRMAN, whose address is 1860 E. McMillan Road, Meridian,
Idaho 83642, hereinafter called "OWNER", and Robert Chavez, whose address is 1770
W. State Street, #153, Boise, Idaho 83702, hereinafter called "OWNER/DEVELOPER".
1.
RECITALS:
1.3
1.4
1.5
1.l
WHEREAS, "OWNER/OWNER/DEVELOPER" are the owners,
in law and/or equity, of certain tract of land in the County of Ada,
State ofIdaho, described in Exhibit A for each owner, which is
attached hereto and by this reference incorporated herein as if set
forth in full, hereinafter referred to as the "Property"; and
1.2
WHEREAS, Lc. § 67-651 lA, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the "Owner" and/or "Developer" make a written commitment
concerning the use or development of the subject "Property"; and
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
WHEREAS, "Owner/Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (R-8) Medium Density
Residential District, (Municipal Code of the City of Meridian); and
WHEREAS, "Owner/Developer" made representations at the
public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
DEVELOPMENT AGREEMENT (REVISED AZ-O3-029)
PAGE 1 OF 18
1.6
1.7
1.8
1.9
1.9
subject "Property" will be developed and what improvements will
be made; and
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
WHEREAS, City Council, the lea day of /ÎlA/L ,2004, 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
full, hereinafter referred to as (the "Findings"); and
WHEREAS, the Findings reqnire the "Owner" and
"Owner/Developer" to enter into a development agreement before
the City Council takes final action on annexation and zoning
designation; and
"OWNER" and "OWNERIDEVELOPER" deem it to be in their
best interest to be able to enter into this Agreement and
acknowledge that this Agreement was entered into voluntarily and
at its urging and requests; and
WHEREAS, "City" requires the "Owner" and "Owner/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 government 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
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.
DEVELOPMENT AGREEMENT (REVISED AZ-O3-029)
PAGE 2 OF 18
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
3.2
3.3
3.4
"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 ofIdaho, organized and existing by virtue
oflaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
"OWNERIDEVELOPER": means and refers to Robert Chavez,
whose address is 1770 W. State Street, #153, Boise, ill 83702, the
party owning and developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
"OWNER": means and refers to James and Diane Fuhrman,
whose address is 1737 E. Summer Falls, Meridian, ID 83642, the
party owning a portion of said "Property" being developed and
shall include any subsequent owner(s)/developer(s) of the
"Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-8 attached hereto and by this reference incorporated
herein as if set forth at length.
4.
USES PERMITTED BY TIDS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (D) which are herein specified as follows:
DEVELOPMENT AGREEMENT (REVISED AZ-O3-029)
PAGE 3 OF 18
Construction and development 0/ a planned development/or a
residential neighborhood in an R-8 zone.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification ofthis Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "OwnerlDeveloper" has
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
"Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
A.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department, as modified by the Commission as follows:
Existing Wells & Septic: Any existing domestic wells and/or septic systems within
this project will have to be removed 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.
Development Agreement: A Development Agreement (DA) shall be entered into
between the City of Meridian and the applicant as part of the Annexation application.
The DA shall outline any special conditions placed upon the Preliminary Plat and
Conditional Use applications. It should also require sidewalks and a multi-use
pathway adjacent to the existing Idaho Power substation at the time that Idaho Power
upgrades its facility. (Per City Council action taken at their May 4, 2004 meeting.)
Outparcel: The applicant shall submit a legal description for the outparcel (Parcel #
S0529336475) that can be used by the City to annex the parcel at a later date. The
legal description will be required to be submitted with the final plat application.
B.
Adopt the Recommendations of ACHD as follows:
DEVELOPMENT AGREEMENT (REVISED AZ-O3-029)
PAGE 4 OF 18
1. Dedicate 48-feet of right-of-way from the centerline (or 38-feet of right-of-way
from the centerline) of McMillan Road abutting the parcel by means of a warranty
deed. The right-of-way purchase and sale agreement and deed must be completed
and signed by the applicant prior to scheduling the fmal plat for signature by the
ACHD Commission or prior to issuance of a building permit (or other required
permits), whichever occurs first. Allow up to 30 business days to process the
right-of-way dedication after receipt of all requested material. The owner will be
paid the fair market value of the right-of-way dedicated which is an addition to
existing ACHD right-of-way if the owner submits a letter of application to the
impact fee administrator prior to breaking ground, in accordance with the ACHD
Ordinance in effect at that time (currently Ordinance #198), iffunds are available.
2. If the applicant dedicates 48-feet of right-of-way from the centerline, construct a
sidewalk located a minimum of 41-feet from centerline.
OR
If the applicant dedicates 38-feet of right-of-way, construct a 5-foot concrete
meandering sidewalk located within the landscape buffer and provide the District
with an easement for the sidewalk.
3. Construct the main entrance, North Schubert Way, to intersect McMillan Road
approximately 180-feet west of the east property line, as proposed.
4. Extend North Schubert Avenue from the north property line, as proposed.
5. Extend East Meadow Creek Drive from the east property line, as proposed.
6. Extend Redwick Drive from the east property line into the site, as proposed.
7. Construct a stub street to the west property line approximately 650-feet north of
McMillan Road, as proposed. Install a sign at the terminus of the roadway stating
that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
8. Construct all of the internal roadways as 36-foot street sections with curb, gutter
and sidewalk within 50-feet of right-of-way, as proposed.
9. Utilize the existing 20-foot wide driveway that intersects McMillan Road at the
east property line, as proposed.
DEVELOPMENT AGREEMENT (REVISED AZ-O3-029)
PAGE 5 OF 18
10. Construct center islands/medians within the public right-of-way of Schubert Way.
Provide a minimum of a 20-foot street section on either side of any proposed
center island within the public roadway. Construct the medians to be a minimum
of 4- feet wide to total a minimum of a 100-square foot area.
11. Other than the access points that have specifically been approved with this
application, direct lot access to McMillan Road is prohibited. Notes of this
restriction shall be placed on the final plat.
12. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
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.
3. 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 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, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho 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.
DEVELOPMENT AGREEMENT (REVISED AZ-O3-029)
PAGE 6 OF 18
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance # 198, 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 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 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.
C.
Adopt the action of the City Council taken at their May 4, 2004 meeting as follows:
For clarification:
1.
The applicant has been able to negotiate with the adjacent neighbor, Mr.
Buckley, regarding the vacation of the easement along the western boundary
from McMillan Road up to the property line, so this issue has been resolved
between Mr. Buckley and the applicant by private arrangements.
2.
The applicant shall submit a revised Landscape Plan that shows that the
portion of Lot 9 Block 4 has now become a part of Lot 8 Block 4.
3.
The applicant has been meeting with the adjacent neighbors, Mr. Buckley and
Mr. Brineger, pertaining to the ditches, irrigation, the boundary and the
DEVELOPMENT AGREEMENT (REVISED AZ-O3-029)
PAGE 7 OF 18
fences for resolution to those matters. Additionally, the applicant has been
working with the neighboring Homeowners' Association presidents on their
issues related to the project.
D.
The Applicant shall also comply with the conditions and requirements of the
corresponding applications for this project, which are Preliminary Plat - Revised PP-
03-035, and Conditional Use Permit - Revised CUP-03-060.
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 "Owner" and/or "Owner/Developer" or "Owner" and/or
"Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled
"Conditions Governing Development" of subject "Property" of this agreement within two
years of the date this Agreement is effective, and after the "City" has complied with the
notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent
amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" and/or "OwnerlDeveloper" consent upon default to the de-
annexation and/or a reversal of the zoning designation of the "Property" subject to and
conditioned upon the following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply
with this Agreement to "Owner" and/or "OwnerlDeveloper" and if
the "Owner" and/or "OwnerlDeveloper" fails to cure such failure
within six (6) months of such notice.
9. INSPECTION: "Owner" and/or "OwnerlDeveloper" shall, immediately
upon completion of any portion or the entirety of said development of the "Property" as
required by this agreement 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 Agreement and all other ordinances of the "City" that apply to said
Development.
10.
DEFAULT:
DEVELOPMENT AGREEMENT (REVISED AZ-O3-029)
PAGE 8 OF 18
10.1
10.2
In the event "Owner" and/or "Owner/Developer", "Owner" and/or
"Owner/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 Agreement in connection with the
"Property", this Agreement may be modified or terminated by the
"City" upon compliance with the requirements of the Zoning
Ordinance.
A waiver by "City" of any default by "Owner" and/or
"OwnerlDeveloper" of anyone 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 Agreement, including all of the Exhibits, at
"OwnerlDeveloper's" cost, and submit proof of such recording to "Owner" and/or
"OwnerlDeveloper", 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
"City" shall execute and record an appropriate instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owner" and/or "Owner/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 "City" and "Owner" and/or "OwnerlDeveloper" 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
DEVELOPMENT AGREEMENT (REVISED AZ-O3-029)
PAGE 9 OF 18
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 for
such period as may be 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/or "OwnerlDeveloper" 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 "Owner" and/or "OwnerlDeveloper" agrees to provide, if
required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner" and/or
"OwnerlDeveloper" agrees that no Certificates of Occupancy will be issued until all
improvements are completed, unless the "City" and "Owner" and/or "Owner/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".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and/or
"OwnerlDeveloper" 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
DEVELOPMENT AGREEMENT (REVISED AZ-O3-029)
PAGE 10 OF 18
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY: OWNERJDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Robert Chavez
1770 W. State, #153
Boise, Idaho 83702
OWNER:
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
James and Diane Fuhrman
1860 E. McMillan Road
Meridian, Idaho 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 of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be 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.
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 "Owner" and/or "OwnerlDeveloper" of
the "Property", each subsequent owner and any other person acquiring an interest in the
"Property". 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
DEVELOPMENT AGREEMENT (REVISED AZ-O3-029)
PAGE 11 OF 18
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
"Owner" and/or "Owner/Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Owner" and/or "Owner/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 "Owner" and/or
"Owner/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 "Owner" and lor "Owner/Deve1oper" 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 "City".
22.1
No condition governing the uses and/or conditions governing development
of the subject "Property" 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
zoning designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: 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 (REVISED AZ-O3-029)
PAGE 12 OF 18
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and made it effective as hereinabove provided.
OWNERIDEVELOPER:
l
BY:
ROO RTCHAVEZ
Attest:
BY:~
OWNER:
BY: ~ ~~
?,ES FUHRMAN
BY: L J~
D lANE FUHRMAN
DEVELOPMENT AGREEMENT (REVISED AZ-O3-O29)
PAGE 13 OF 18
Attest:
STATE OF IDAHO)
:ss
CITY OF MERIDIAN
BY:
COUNTY OF ADA )
On this 'ã11!f:--- day of b ~.,-- , in the year 2004,
before me, a Notary Public, personally appeared Robert Chavez, known to me to be the
person who executed the instrument and acknowledged to me that he executed the same.
r
(SEAL)
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DEVELOPMENT AGREEMENT (REVISED AZ-O3-029)
PAGE 14 OF 18
STATE OF IDAHO)
:ss
COUNTY OF ADA )
On this 27#1 day of AIA~/J5-f , in the year
2004, before me, a Notary Public, personally appeare James and Diane Fuhrman, husband
and wife, known or identified to me to be the persons who executed the instrument and
acknowledged to me that they having executed the same.
(SEAL)
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Notary Public for Idaho
Residing at: ~ , J)dA/h:.D
Commission expires: J 0 j;¡.7 / t:7"1
STATE OF IDAHO)
:ss
County of Ada
On this 7#. day of Sef+p", ~u" , in the year 2004,
before me, a Notary Public, personally appeared Tanuny 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 acknowledged to me that such City executed the same.
(SEAL)
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DEVELOPMENT AGREEMENT (AZ-O3-015)
PAGE 15 OF 18
EXHIBIT A
SHERIDAN PLACE SUBDIVISION
A parcel ofland proposed for annexation to the City of Meridian, located in the
SW V. of Section 29, the SE V. of Section 30, the NW V. of Section 32 and the NE V. of
Section 31, Township 4 North, Range 1 East, B.M., Ada County, Idaho, being more
particularly described as follows: Commencing at the southwest comer of Section 29 of
TAN., R.IE., from which the south V. comer of said Section 29 bears South 89°12'14"
East, 2653.11 feet; thence along the west line of said Section 29 North 00°25'34" East,
25.00 feet to a point on the north right-of-way ofE. McMillan Road, said point being the
REAL POINT OF BEGINNING.
Thence along said north right-of-way South 89°12' 14" East, 825.01 feet;
thence North 02°15'59" East, 640.26 feet;
thence North 89°20'20" West, 95.56 feet;
thence North 00°25'34" East, 664.88 feet;
thence South 89°28'35" East, 577.67 feet;
thence South 00°28'25" West, 1066.91 feet;
thence North 89°12' 14" West, 164.00 feet;
thence South 00°28'25" West, 290.55 feet to a point on the south right-of-way of
E. McMillan Road;
thence along si¡Ùd south right-of.way North 89°12'14" West, 269.52 feet;
thence South Op033'02" West, 458.07 feet;
thence North 89°17'20" West, 845.15 feet;
thence South OQ033'22" West, 180.5Üfeet;
thence North 89QI7'20" West, 48.00 feet to a point on the west line of said
Section 32 and the existing Meridian City Limits Boundary;
DEVELOPMENT AGREEMENT (AZ-O3-015)
PAGE 16 OF 18
thence along said west line, and said City Limits Boundary, North 00°33'25" East,
4.89 feet;
thence continuing along said City Limits Boundary North 89°46'20" West, 25.00
feet to a point on the west right-of-way ofN. Locnst Grove Road;
thence along said west right-of-way North 00°33'22" East, 660.11 feet;
thence continuing along said west right-of-way North 00°25'34" East 25.13 feet
to a point on the north right-of-way of E. McMillan Road;
thence along said north right-of-way South 89°12' 14" East, 25.00 feet to the Point
of Beginning. Containing 26.48 acres, more or less.
DEVELOPMENT AGREEMENT (AZ-O3-015)
PAGE 17 OF 18
EXHIBIT B
Findine:s of Fact and Conclusions of Law/Conditions of Approval
Z:\Work\M\Meridian\Meridian 15360MlSheridan Place Sob AZ-O3-O29 PP-O3-O35 CUP-O3-O60IDevelopAgr.doc
DEVELOPMENT AGREEMENT (AZ-O3-015)
PAGE 18 OF 18
BEFORE THE MERIDIAN CITY COUNCIL
C/C 05/04/04
IN THE MAlTER OF THE )
APPLICATION FOR ANNEXATION)
AND ZONING OF 26A8 ACRES )
FOR PROPOSED SHERIDAN )
PLACE SUBDMSION, LOCATED)
ON TBE NORTH SIDE OF )
McMILLAN ROAD, )
APPROXIMATELY 1/8 MILE EAST)
OF WCUST GROVE ROAD, )
MERIDIAN, IDAHO )
)
Case No. AZ-O3-029
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
CMD,INC.,
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on May 4, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning
and Zoning Department, Becky McKay, and Norma J. Enlow, 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
1.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPliCATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-O3-O29)
PAGE 1 OF 17
ordinances codified at Titles 1 I and 12, Meridian City Code, and all current zoning maps thereof,
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.
3.
The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 26.48 acres in size and is located on the
north side of McMillan Road, approximately 1/8 mile east of Locust Grove 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. The primary difference between
the revised plans and the original submittal is the addition of 4 lots along the southeast portion of
the project, which are accessed ftom Edinburgh Place Subdivision. The parcel that the four new
lots are on is CUIrently under the same ownership as the balance of the project, but is considered
an "illegal lot split" by Ada County. The parcel was split ftom the existing residential parcel
immediately south that ftonts on McMillan Road. The illegal lot split issue is currently in
litigation between the owner and Ada County. The issue has had a hearing, but is currently
awaiting a ruling ftom the judge.
4.
The owners of record of the subject property are James and Diane Fuhrman and
they have submitted notarized consent fur the subject application. Applicant is CMD, Inc.
5.
The property is presently zoned RUT (Ada County) and consists of agricultural
land and a rural residence.
6.
The Applicant requests the property be zoned as R-8.
7.
The subject property is bordered to the north by R-4, to the south by vacant land-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER. GRANTING APPUCA TION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDMSlON
(REVISED AZ-O3-O29)
PAGE2 OF 17
proposed Settlement Bridge Subdivision zoned RUT, to the east by R-4, and to the west by RUT.
8.
The Applicant proposes to develop the subject property in the following manner:
A residential neighborhood planned development.
9.
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.
10.
There are significant existing trees that affect the consideration of this application.
11.
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 Comments and Recommendations of the Meridian Planning & Zoning
Department, as modified by the Commission as follows:
Existine: Wells & Septic: Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City Ordinance Section
5-7 -S 1 7, when services are available from the City of Meridian. Wells may be used for non-
domestic purposes such as landscape iIrigation.
Develomnent AlD'eement: A Development Agreement (DA) shall be entered into between
the City of Meridian and the applicant and Idaho Power as part of the Annexation
application. The DA shall outline any special conditions placed upon the Preliminary Plat
and Conditional Use applications. It should also require sidewalks and a multi-use pathway
adjacent to the existing Idaho Power substation at the time that Idaho Power upgrades its
facility. (per City Council action taken at their May 4, 2004 meeting.)
OutDarcel: The applicant shall submit a legal. description for the outparcel (parcel #
SO529336475) that can be used by the City to annex the parcel at a later date. The lega.J.
description will be required to be submitted with the final plat application.
B.
Adopt the Recommendations of ACHD as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPliCATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDMSION
(REVISED AZ-O3-O29)
PAGE 3 OF 17
1. Dedicate 48-feet of right-of-way from the centerline (or 38-feet of right-of-way iÌ'om the
centerline) of McMillan Road abutting the parcel by means of a warranty deed. The right-
of-way purchase and sale agreement and deed must be completed and signed by the
applicant prior to scheduling the final plat for signature by the ACHD Commission or
prior to issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt of all
requested material. The owner will be paid the fair market value of the right-of-way
dedicated which is an addition to existing ACHD right-of-way if the owner submits a
letter of application to the impact fee administrator prior to brea1ång ground, in
accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if
funds are available.
2. If the applicant dedicates 48-feet of right-of-way from the centerline, construct a sidewalk
located a minimum of 41-feet from centerline.
OR
If the applicant dedicates 38-feet of right-of-way, construct a 5-foot concrete meandering
sidewalk: located within the landscape buffer and provide the District with an easement for
the sidewalk.
3. Construct the main entrance, North Schubert Way, to intersect McMillan Road
approximately 180- feet west of the east property line, as proposed.
4. Extend North Schubert Avenue from the north property line, as proposed.
5. Extend East Meadow Creek Drive from the east property line, as proposed.
6. Extend Redwick Drive from the east property line into the site, as proposed.
7. Construct a stub street to the west property line approximately 650- feet north of
McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that,
"TInS ROAD WILL BE EXTENDED IN THE FUTURE".
8. Construct all of the internal roadways as 36-foot street sections with curb, gutter and
sidewalk within 50-feet of right-of-way, as proposed.
9. Utilize the existing 20- foot wide driveway that intersects McMillan Road at the east
property line, as proposed.
10. Construct center islandslmedians within the public right-of-way of Schubert Way.
Provide a minimum of a 20-foot street section on either side of any proposed center island
within the public roadway. Construct the medians to be a minimum of 4-feetwide to
total a minimum of a 100-square foot area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDMSION
(REVISED AZ-O3-O29)
PAGE4 OF 17
II. Other than the access points that have specifically been approved with this application,
direct lot access to McMillan Road is prohibited. Notes of this restriction shall be placed
on the final plat.
12. Comply with all Standard Conditions of Approval.
Standard Conditions oj Approval
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
sha11 be borne by the developer.
3. Replace any existing damaged CUIb, gutter and sidewall: 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 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 shaIl 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 ofIdaho shall prepare and certify all iniprovement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance ofbni1ding
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development sha11 be in conformance with all applicable
requirements of the Ada Co1Ulty Highway District prior to District approval for
occupancy.
8. Payment of applicable road inipact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existiug utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant sha11 be required to call DlGLINE (1-800-342-1585) at leasttwo
full business days prior to breaking ground within ACHD right-of-way. The applicant
FINDINGS OF FACT AND CONCWSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-O3-Q29)
PAGES OF 17
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 clumge in the terms and conditions of this approval shall be valid nnIess 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 clumge 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.
C.
D.
Adopt the action of the City Council taken at their May 4,2004 meeting as follows:
For clarification:
1.
The applicant has been able to negotiate with the adjacent neighbor, Mr. Buckley,
regarding the vacation of the easement along the western boundary from McMillan
Road up to the property line, so this issue has been resolved between Mr. Buckley
and the applicant by private arrangements.
2.
The applicant shall submit a revised Landscape Plan that shows that the portion of
Lot 9 Block 4 has now become a part of Lot 8 Block 4.
3.
The applicant has been meeting with the adjacent neighbors, Mr. Buckley and Mr.
Brenniger, pertaining to the ditches, iIrigation, the boundary and the fences for
resolution to those matters. Additionally, the applicant has been worlång with the
neighboring Home Owners Association presidents on their issues related to the
project.
The Applicant shall also comply with the conditions and requirements of the corresponding
applications for this project, which are Preliminary Plat - Revised PP-03-035, and
Conditional Use Permit - Revised CUP-O3-060.
12.
It is found that the requested zoning designation ofR-8 is harmonious with and in
accordance with the effective Comprehensive Plan and Generalized Land Use Map. The proposed
FINDINGS OF FACT AND CONCWSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-O3"{)29)
PAGE6 OFt?
single family residential project is shown as Medium Density Residential (3 to 8 d.u./acre). The
proposed density - 3.26 d.uJacre gross and 4.34 d.uJacre net are within the range designed by the
Comprehensive Plan. The Idaho Power substation site is designated as Public/Quasi Public on the
Future Lane Use Map and would be considered a "public service facility" in the zoning schedule of
use control, which is permitted with design review (PDR) in the R-8 zone per Ordinance 11-8-1.
Additional applicable policies :from the Comprehensive Plan are detailed on page two (item 7) of the
applicants' letter regarding the annexation, and which letter is on file in the Meridian City Clerk's
office. The applicant's analysis is ~ by staff.
13.
It is not anticipated that the applicant intends to rezone the subject property in the
future.
14.
It is found that the proposed single- family development would be allowed within the
requested R-8 zone.
IS.
It is found that the land to the north and east has been developed in a manner similar
to the proposed subdivision, with single-famllyresidential subdivisions. Vienna Woods Subdivision
# 1 to the north has a gross density of2.9 d.u./acre. Edinburgh Place Subdivision # 1 to the east has a
gross densityof3.1 d.uJacre. ACHD has reviewed the adjacent street capacity and has approved the
proposed subdivision with conditions.
16.
It is found that the proposed use (single-family residential) will change the existing
character of the area, which is currently rural residential. However, the change is harmonious with
the properties to the north and the intended character envisioned by the Comprehensive Plan.
17.
It is not anticipated that the proposed residential uses will be hazardous or disturbing
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPliCATION
FOR ANNEXATION AND ZONrnG SHERIDAN PLACE SUBDIVISION
(REVISED AZ-O3-O29)
PAGE7 OF 17
to future or existing neighbors, as long as landscaping, fencing and other recommended conditions
are exercised.
18.
It is found that the subject property to be annexed may be served adequately by all
essential public facilities and services. Water and sanitary sewer service are proposed to be extended
from existing main lines adjacent to the proposed development Review of the Parks, Police, Fire
Department comments, will provide further information regarding public services.
The Public Works Department has determined that an additional water supply is needed in
this vicinity. To that end, the Public Works Department has acquired rights to drill a test well south
of Chinden Blvd. Drilling of this test well is currently scheduled to be completed by June 1st,
however it should be pointed out that there are no guarantees that this well will prove out, or that
water rights protests won't be filed. The Public Works Deparlmeot is concurrently working on an
alternative that wonid provide fire flow to the area via piping ftom a lower pressure zone. It is
confident that this issue can be resolved. However, it is recommended that City approval of the final
plat be withheld until such time that the supply issue is resolved.
19.
The developer will finance the extension of sewer, water, utilities and pressurized
irrigation to serve the project. The primary public costs to serve the future residents will be fire and
police services, and the construction of a new municipal well in the vicinity. It is found that there
will not be excessive additionalrequirem.ents at public cost and that the annexation and zoning will
not be detrimental to the community's economic welfare.
20.
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. At ten
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-O)':o29)
PAGE8 OF 17
vehicle trips per single- family residence, the proposed project is anticipated to generate 500 vehicle
trips per day. The fact is recognized that 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 welfare
of the city.
21.
According to the ACHD report, "The applicant is proposing to construct the main
entrance, North Schubert Way, to intersect McMillan Road approximately 180-feet west of the east
property line. This roadway location meets District policy and should be approved with this
application". It is not believed that the subdivision will cause significant interference with traffic on
the surrounding public streets.
22.
It is found that at least six existing mature trees will be removed to accommodate the
proposed entry road. Any existùJg trees larger than 4" caliper that are removed sha1I be mitigated
for, per the Landscape Ordinance. If any trees are deemed to be a hazard, diseased or dying by the
City Arborist, Elroy Hutt: prior to removal, mitigation will not be required for those trees. It is
recommended that the applicant verify the status of the existing trees prior to submitting final plat
and detailing any required mitigation on the detai1ed landscape plan submitted with the final plat.
23.
It is found that that annexation of this property would be in the best interest of the
City. The project is consistent with the Comprehensive Pian.
24.
It is found that if the developer pays for the requested improvements and COlllplies
with the conditions set forth in these Findings of Fact No. 11, 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER. GRANTING APPUCATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-O3-O29)
PAGE9 OF 17
25.
It is also found that the development considerations as referenced in Finding No.
11 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 appearance 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
svicinity 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 potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property 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 anthority 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 project follows the pertinent provisions of the City of Meridian Comprehensive
FINDJNGS OFFACI' AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPliCATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDMSION
(REVISED AZ-O3-O29)
PAGE 10 OF 17
Plan that are applicable to this Application.
5.
The zoning of (R -8) Medium Density Residential is defined in the Zoning Ordinance
at § 11-7-2 D as follows:
cR-8) Medium Densitv Residential District: The purpose of the R-8 District is to permit
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those areas where such development has or
is likely to occur in accord. with the Comprehensive Plan of the City and is also designed to
permit the conversion of large homes into two-family dwellings in well-established
neighborhoods of comparable land use. Connection to the Municipal water and sewer
systems of the City is required.
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 ofIdaho Falls. 105
Idaho 65, 665 P2d 1075 (1983).
7.
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances oftb.e City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized inigation 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 sba1l 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 CouncUdoes hereby Order and this does
Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-O3-O29)
PAGE 11 OF 17
1.
The applicant's request for annexation and zoning of approximately 26.48 acres to
Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order
hereinafter stated.
2.
The application is for annexation and zoning of26.48 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, 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,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department, as modified by the Commission as follows:
Existiru!: Wells & Septic: Any existing domestic we11s and/or septic systems within this
project will have to be removed ftom their domestic service, per City Ordinance Section
5-7-517, when services are available ftom the City of Meridian. Wells maybe used for non-
domestic purposes such as landscape irrigation.
DevelOPment A21'eeIIlent: A Development Agreement (DA) shall be entered into between
the City of Meridian and the applicant and Idaho Power as part of the Annexation
application. The DA shall outline any special conditions placed upon the Preliminary Plat
and Conditional Use applications. It should also require sidewalks and a multi-use pathway
adjacent to the existing Idaho Power substation at the time that Idaho Power upgrades its
facility. (per City Council action taken at their May 4,2004 meeting.)
OutDarcel: The applicant shall submit a legal description for the ou1parcel (parcel #
S0529336475) that can be used by the City to annex the parcel at a later date. The legal
description will be required to be submitted with the final plat application.
B.
Adopt the Recommendations of ACHD as follows:
1. Dedicate 48-feet of right-of-way from the centerline (or 38-feet of right-of-way from the
centerline) of McMillan Road abutting the parcel by means of a warranty deed. The right-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDMSION
(REVISED AZ-O3-O29)
PAGE 12 OF 17
of-way purchase and sale agreement and deed must be completed and signed by the
applicant prior to scheduling the final plat for signature by the ACHD Commission or
prior to issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt of all
requested material. The owner will be paid the fair market value of the right-of-way
dedicated which is an addition to existing ACHD right-of-way if the owner submits a
letter of application to the impact fee administrator prior to breaking ground, in
accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if
funds are available.
2. If the applicant dedicates 48-feet of right-of-way from the centerline, construct a sidewalk
located a minimum of 41- feet wm centerline.
OR
If the applicant dedicates 38-feet of right-of-way, construct a 5-foot concrete meandering
sidewalk located within the landscape buffer and provide the District with an easement for
the sidewalk.
3. Construct the main entrance, North Schubert Way, to intersect McMillan Road
approximately 180-feet west of the east property line. as proposed.
4. Extend North Schubert Avenue wm the north property line, as proposed.
5. Extend East Meadow Creek Drive wm the east property line, as proposed.
6. Extend Redwick Drive ftom the east property line into the site, as proposed.
7. Construct a stub street to the west property line approximately 650-feet north of
McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
8. Construct all of the internal roadways as 36-foot street sections with curb, gutter and
sidewalk within 50-feet of right-of-way, as proposed.
9. Utilize the existing 20- foot wide driveway that intersects McMillan Road at the east
property line, as proposed.
10. Construct center islands/medians within the public right-of-way of Schubert Way.
Provide a minimwn of a 20- foot street section on either side of any proposed center island
within the public roadway. Construct the medians to be a minimum of 4-feet wide to
total a minimum of a 100-square foot area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONJNG SHERIDAN PLACE SUBDIVISION
(REVISED AZ-O3-O29)
PAGE 13 OF 17
11. Other than the access points that have specifically been approved with this application,
direct lot access to McMillan Road is prohibited. Notes of this restriction shall be placed
on the fina1 plat.
12. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street n-ontages abutting the site
shall be borne by the developer.
3. Replace any eJcisting damaged curb, gutter and sidewalk and any that may be damaged
during the COnstruction of1he proposed development. Contact Construction Services at
387-6280 (with file nwnber) for detai1s.
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 Coontinator at 387-6258 (with file
numbers) for detai1s.
5. All.design and construction shall be in accordance with the Ada County Highway District
PolicyManuai, 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 prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance ofbuilding
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 1he Ada County ffighway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County llighway District Road
Impact Fee Ordinance.
9. It is 1he responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACED shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DlGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACHD right-of-way. The applicant
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDMSION
(REVISED AZ-O3-O29)
PAGE 14 OF 17
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 anthorized representative and an
anthorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change ftom 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 nse is sought.
C.
D.
Adopt the action of the City Council taken at their May 4, 2004 meeting as follows;
For clarification:
1.
The applicant has been able to negotiate with the adjacent neighbor, Mr. Buckley,
regarding the vacation of the easement along the western boundary ftom McMillan
Road up to the property line, so this issue has been resolved between Mr. Buckley
and the applicant by private arrangements.
2.
The applicant shall. submit a revised Landscape Plan that shows that the portion of
Lot 9 Block 4 has now become a part of Lot 8 Block 4.
3.
The applicant has been meeting with the adjacent neighbors, Mr. Bnckley and Mr.
Brenniger, pertaining to the ditches, irrigation, the boundary and the fences for
resolution to those matters. Additionally, the applicant has been working with the
neighboring Home Owners Association presidents on their issues related to the
project.
The Applicant shall also comply with the conditions and requirements of the corresponding
applications for this project, which are Preliminary Plat - Revised PP-03-Q35, and
Conditional Use Permit - Revised CUP-03-060.
4.
The City Attorney shall prepare 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER. GRANTING APPLICATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDMSION
(REVISED AZ-O3-O29)
PAGE 15 OF 17
application to (R -8) Medium Density Residential District, and Meridian City Code § 11-7-2.
5.
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.
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 more than twenty-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 being a person who has an interest in real
property Which may be adversely affected by this decision may, within twenty-eight (28) days after
the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the
ISf!:.. day of
m.~
ROLL CALL
,2004.
COUNCilMAN SHAUN WARDLE
VOTED~
FINDINGS OF FACI' AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPliCATION
FOR ANNEXATION AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-O3-O29)
PAGE 16 OF 17
COUNCILMAN BILL NARY
VOTED ~
VOTED~~
COUNCILMAN CHARLJE ROUNTREE
COUNCJLMAN KEITH BIRD
VOTED ~L.-
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: S'-¡B-tJ4-
VOTED-
MOTION:
APPROVED: -K- DISAPPROVED:-
Attest:
BY~o. ~fV\
ity Clerk's Office
Dated: . m~ 11-12004
z:\W~ lS360Jo4ISberidmPlaoo Sub AZ-œ-O2!Þ 1'1'-03-035 ~.doc
FINDINGS OF FACTAND CONCWSlONS OF LAW
AND DECISION AND ORDER GRANTING APPUCA TION
FOR ANNEXA nON AND ZONING SHERIDAN PLACE SUBDIVISION
(REVISED AZ-O3-G29)
PAGE 17 OF 17