HomeMy WebLinkAboutSalisbury Subdivision No. 2 DA
PARTIES:
1.
2.
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 23
BOISE IDAHO 10122/04 01:32 PM
~~~~~E~i:k~:~~~ST OF 1111111111111111111111111111111111111
CITY OF MERIDIAN 104134973
DEVELOPMENT AGREEMENT
City of Meridian
Woodside Properties, LLC, Owner
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this )?""'" day of DC! obCf" ,2004, by and between CITY OF
MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY', and
WOODSIDE PROPERTIES, LLC, whose address is 1282 E. Braemere Road, Boise,
Idaho 83702, and hereinafter called "OWNER".
1.
RECITALS:
1.1
1.2
WHEREAS, "OWNER" is the sole owner, in law and/or equity, of
certain tract ofland in the County of Ada, State ofIdaho, described
in Exhibit A fpr the R-8 zoning, which is attached hereto and by
this reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and .
WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the "Owner" 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, "Owner" 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,
(Municipal Code of the City of Meridian); and
1.5
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
DEVELOPMENT AGREEMENT (AZ-O3-036)
PAGE 1 OF 1
1.6
1.7
1.8
planning jurisdiction, and received further testimony and comment;
and
WHEREAS, City Council, the ~ day of Au1US~ 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 require the "Owner" to enter into a
development agreement before the City Council takes [mal action
on annexation and zoning designation; and
"OWNER" 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 "Owner" 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.
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
DEVELOPMENT AGREEMENT (AZ-O3-036)
PAGE 2 OF 2
herein provided for, unless the clear context of the presentation ofthe same requires
otherwise:
3.1
3.2
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.
"OWNER": means and refers to Woodside Properties, LLC,
whose address is 1282 E. Braemere Road, Boise, Idaho 83702, the
party owning said "Property" being developed and shall include
any subsequent owner(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.
USES PERMITTED BY THIS 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 (K) which are herein specified as follows:
Construction and development of 81 buildable lots and 11 common lots
consistent with the Preliminary Plat and Conditional Use Permit.
Development shall be consistent with the Meridian Comprehensive Plan
Gemeralized Land Use Map which designates the property as Medium
Density Residential.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
DEVELOPMENT AGREEMENT (AZ-O3-036)
PAGE 3 OF 3
A.
5.A
"Owner" shall develop the "Property" in accordance with the following
special conditions:
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
1.
The legal description submitted with the application (dated 10/27/03,
stamped by Richard A. Gray) shows the property as contiguous to the
existing corporate boundary of the City of Meridian and is approved.
2.
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.
3.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public
Works Department. Iflateral users association approval can't be obtained,
plans will be reviewed and approved by the Meridian City Engineer prior
to final plat signature.
Any future subdivision, uses and construction on this property shall
comply with the City of Meridian Ordinances in effect at the time.
As a condition of annexation, and as a condition of the Development
Agreement, applicant shall participate in any road infrastructure
agreements negotiated with ACHD and shall faithfully perform the terms
of such agreement or agreements.
Comply with all the conditions, recommendations and requirements ofthe
corresponding orders from applications of Preliminary Plat, Case No. PP-
03-042, and the Conditional Use Permit, Case No. CUP-04-016, which
orders are hereby incorporated herein by this reference as though fully set
forth.
4.
5.
6.
6. 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" or "Owner's" heirs, successors, assigns, to
comply with Section 5 entitled "Conditions Governing Development" of subject
"Property" of this agreement within two years of the date this Agreement is effective, and
DEVELOPMENT AGREEMENT (AZ-O3-036)
PAGE 4 OF 4
after the "City" has complied with the notice and hearing procedures as outlined in Lc. §
67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" 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:
7.1
That the "City" provide written notice of any failure to comply
with this Agreement to "Owner" and if the "Owner" fails to cure
such failure within six (6) months of such notice.
8. INSPECTION: "Owner" shall, inunediately 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.
9.
DEFAULT:
9.1
9.2
In the event "Owner" or "Owner'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" 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.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
DEVELOPMENT AGREEMENT (AZ-O3-036)
PAGE 5 OF 5
"Owner's" cost, and submit proof of such recording to "Owner", 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.
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
12. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owner", 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.
12.1
12.2
In the event of a material breach of this Agreement, the parties
agree that "City" and "Owner" 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 for such period as may be necessary
to complete the curing of the same with diligence and continuity.
In the event the performance of any covenant to be performed
hereunder by either "Owner" 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.
13. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
DEVELOPMENT AGREEMENT (AZ-O3-036)
PAGE 6 OF 6
allowed under Meridian City Code § 12-5-3, to insure that installation of the
improvements, which the "Owner" agrees to provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner" 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".
15. ABIDE BY ALL CITY ORDINANCES: That "Owner" 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.
16. 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:
OWNER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Woodside Properties, LLC
1282 E. Braemere Road
Boise, Idaho 83702
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
16.1
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.
DEVELOPMENT AGREEMENT (AZ-O3-036)
PAGE 7 OF 7
17. 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.
18. 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.
19. 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" 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 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", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Owner" has fully performed its
obligations under this Agreement.
20. 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.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner" 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 "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".
DEVELOPMENT AGREEMENT (AZ-O3-036)
PAGE 8 OF 8
21.1
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.
22. 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 (AZ-O3-036)
PAGE 9 OF 9
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNER:
WOODSIDE PROPERTIES. LLC
BY' 4~' øhnQ
Jeffre . 0
CITY OF MERIDIAN
Attest:
9-- 2/-04--
-
DEVELOPMENT AGREEMENT (AZ-03-036)
PAGE 10 OF 10
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STATE OF IDAHO)
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COUNTY OF ADA)
On this f5 day of ~;/;;k , in the year
2004, before me, a Notary Public, personally appeared Jeffrey A. Wood" known or identified
tome to be the person who executed the instrument on behalfofWoodside Properties, LLC,
as its , and acknowledged to me that he executed the same.
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County of Ada
On this :21 sf day of ,-S...p~e......l.er-, 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 acknowledged to me that such City executed the same.
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08 20 2004.dœ
DEVELOPMENT AGREEMENT (AZ-03-036)
PAGE 11 OF 11
EXHIBIT A
Legal Description
A parcel orland being a portion pfthe NE 1;' of Section 1, Township 3 North, Range 1
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the NW comer of said NE v., (North V. comer), said comer monumented
with a found 5/8 inch diameter iron pin;
Thence S. 0° 06' 31" W., a distance of990.00 feet along the westerly boundary of said
NE V. to a point;
Thence S. 89° 20' 40" E., a distance of20.00 feet parallel with the northerly boundary of
said NE V. to the POINT OF BEGINNING;
Thence continuing S. 89° 20' 40" E., a distance of 640.00 feet parallel with the northerly
boundary of said NE V. to a point, said point bears S. 14° 00' 20" E., a distance of 0.22
feet from a found 5/8 inch diameter irpn pin;
Thence N. 0° 06' 31" E., a distance of 56.60 feet parallel with the westerly boundary of
said NE V. to a point, said point bears S. 69° 56' 01" W., a distance of 0.10 feet frpm a
fpund 5/8 inch diameter iron pin;
Thence S. 89° 20' 40" E., a distance of 267.07 feet (formerly 264 feet), parallel with the
northerly boundary pf said NE V. to a point lying 1,732.50 feet westerly of the east
boundary line of said Section 1, said point also being the NW boundary comer of
Salisbury Lane Subdivision as on file in Book 80 of Plats at Pages 8677 and 8678 in the
Office of the Recorder of Ada County, Idaho, and is monumented with a found 5/8 inch
diameter iron pin;
Thence along the westerly bpundary pf said Salisbury Lane Subdivision and along a line
that lies parallel with and 1,732.50 feet westerly pfthe east boundary line of said Section
1, S. 0° 16' 22" w., a distance of 381.43 feet, (formerly 381.06 feet), to the SW boundary
comer of said Salisbury Lane Subdivision, said corner also being the NW boundary
comer ofLansbury Lane Subdivision as on file in Book 64 of Plats at Pages 6499 and
6500 in the Office of the Recorder of Ada County, Idaho, said comer monumented with a
found 5/8 inch diameter iron pin;
Thence along the westerly boundary of said Lansbury Lane Subdivision and along a line
that lies parallel with and 1,732.50 feet westerly of the east bpundary line of said Section
1, S. 0° 16' 22" W., a distance of350.02 feet, (formerly 350.19 feet), to the SW boundary
corner of said Lansbury Lane Subdivision;
EXIDBIT A - LEAL DESCRJPTION
PAGE 1 OF 2
Thence continuing along a line that lies parallel with and 1,732.50 feet westerly of the
east boundary line of said Section 1, S. 0° 16' 22" W., a distance of312.92 feet,
(formerly 294.86 feet) to a pPint pn the centerline of the South Slough Drain, said point
alsp being the SE boundary comer of Parcel "A" of that certain Warranty Deed recorded
as Instrument No. 103111207 in the Office of the Recorder of Ada County, Idaho;
Thence alpng the southerly boundary of Parcel "A" of said Warranty Deed Instrument
No. 103111207 and along the centerline of said South Slough Drain the following
courses and distances:
Thence N. 89° 20' 40" W., a distance of301.28 feet, (formerly 301.24 feet), parallel with
the northerly boundary of said NE \4 tP a boundary angle point of said Warranty Deed.
Thence N. 73° 26' 59" W., a distance of623.26 feet, (formerly 623.21 feet), to the SW
comer of Parcel "!l' of said Warranty Deed Instrument Np. 1-3111207, said point being
25.00 feet east of and at right angles tp the westerly boundary of said NE \4;
Thence leaving the centerline of said South Slough Drain and the southerly boundary of
Parcel "A" of said Warranty Deed Instrument No. 103111207, N. 0° 06' 31" E., a
distance pf 100.09 feet along a line lying 25.00 feet easterly of and parallel with the
westerly boundary of said NE \4, said line also being the westerly boundary line of Parcel
"A" of said Warranty Deed Instrument No. 103111207;
Thence leaving the westerly boundary line of Parcel "A:' of said Warranty Deed
Instrument No. 103111207, N. 65° 45' 50" W., a distance of5.48 feet along the northerly
boundary line of Parcel "C" of said Warranty Deed Instrument No.1 03111207 to a point
being 20.00 feet east pf and at right angles tp the westerly boundary of said NE \4 and
5.00 feet west of and parallel with the westerly boundary of said Parcel" A";
Thence N. 0° 06' 31" E., a distance of 180.48 feet parallel with the westerly boundary of
said NE \4 tP a point;
Thence continuing N. 0° 06' 31" E., a distance of 534.33 feet parallel with the westerly
boundary of said NE \4 tP the POINT OF BEGINNING.
This parcel contains 19.67 acres more or less.
Also, this parcel is SUBJECT TO all easements and rights-pf-way of record or implied.
Z:IWod<\M\MeridiaoIMeridiaD 15360MlSalisbury Sub No.2 AZ.o3.o36 PP-03.o42 Approval FindingslDev AgmtEX1IIBIT Adoc
EXHIBIT A - LEAL DESCRIPTION
PAGE20F2
EXIDBIT B
Findings of Fact and Conclusions pfLaw
EXHIBIT B - Findings of Fact and Conclusions of Law
PAGE 10F 1
BEFORE THE MERIDIAN CI'IY COUNCn..
CIC 08103/04
IN THE MATI'ER OF THE
REQUEST FOR ANNEXATION &
ZONING OF 19.70 ACRES TO R-8
FOR SALISBURY SUBDIVISION
NO.2
)
)
)
)
)
)
)
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
Cue No. AZ-03-036
WOODSIDE PROPERTIES, LLC,
APPUCANT
The above entitled annexation and zoning application having come on for public hearing
on August 3, 2004, at the hour of7:00 p.m., and Anna CamriDg, Scott Stanfield, Jeff Wood and
Joe Sirmmich, appeared and testified. and the City Council having duly considered the evidenœ
and the record in this matter therefore makes the following FÍ11dÎD8S of Fact and Conclusions of
Law, and Decision and Order:
FINDINGS OF FACI
I.
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 judícia1 notice of its ZOJJing, subdivision and development
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCA TION
FOR ANNEXA nON AND ZONING lA YDAN VILLAGE SUBDIVISION
(AZ-O4.003)
PAGE 1 OF 9
ordinances codified at Tides 11 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 Establislúng the Impact Area Bounda.¡y.
3.
The property is approximately 19.7 acres in size and is located on the west side of
Meridian Road, north of Waterbury Park Subdivision, in Section 1, Township 3 North, Range 1
West.
4.
Woodside Properties, LLC is the current property owner and Jeffrey A Wood
submitted notarized consent for the subject application.
5.
The Applicant is Ear~ Mason Stanfield, Inc. ofCaldwe11, ill.
6.
The subject property is currently zoned RUT (Ada County) and has an existing
residence with other outbuildings.
7.
The Applicant requests the property be zoned R-8.
. The property which is the subject oftbis application is within the Area of Impact of
8.
the City of Meridian.
9.
The entire parçel of the property is included within the Meridian Urban Service
Planning Area as defined in the 2002 Meridian Comprehensive PJan.
10.
The Applicant proposes to develop the subject property in the following manner:
A residential subdivision with 72 buildable lots and four common lots.
11.
The Applicant requests zoning of the subject real property to R-8 (Medium
Density Residential) which is consistent with the Meridian Comprehensive Plan Future Land Use
Map, which designates the subject property as Medium Density Residential.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION ANDZOWNG JAYDAN VILLAGE SUBDIVISION
(AZ-O4-OO3)
PAGE2 OF9
12.
protected.
The North Slough bisects the subject property and is a feature that will need to be
The City Counçil of the City of Meridian hereby approves the requested .Annexarlon and
Zoning as requested by the Applicant for the property described in the appJicatioll, subject to the
following:
A.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
1.
2.
3.
The legal description submitted with the application (dated 10-27-03, stamped by
Ricbard A. Gray) shows the property as contiguous to the existing corpprate
boundmy of the City of Meridian and is approved.
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.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
. intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled
per City Ordinance 12-4- I3. Plans will need to be approved by the appropriate
inigationldrainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. Iflateral
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXA nON AND ZONING JA YDAN VILLAGE SUBDMSION
(AZ-O4-OO3)
PAGE3 OF9
users association approval can't be obtained, plans will be reviewed and approved
by the Meridian City Engineer prior to final plat signature.
4.
Any future subdivision, uses and CO\1Structi.on on this property shall comply with
the: City of Meridian ordinances in effect at the time.
5.
As a condition of annexation applicant shall participate in any road infrastructure
agreements negotiated with ACHD and shaIllàitbfully perform the terms of such
agreement or agreements.
B.
The Applicant shall also comply with the conditions and requirements oftbe orders arising out
of corresponding applications for tbis project, which are Preliminllty Plat - PP-03-042, and
Conditional Use Permit - CUP-04-016.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguO\l$ or adjacent to city boundaries and that I!IIid
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 policie~ 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 UsePl1UlIÙI1g Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING JA YDAN V1LLAGE SUBDMSION
(AZ-04-O03)
PAGE4 OF9
adoption of'the Amended Comprehensive Plan City ofMeridia.n adopted August 6, 2002,
Resolution No. 02-382.
4.
The project follows the pertinent provisions of the City of Meridian Comprehensive
Plan that are applicable to this Application.
5.
The zoning of (R-8) Medium Duty Residential is defined in the Zoning Ordinance at
§ 1I-7-2Dasfuliows:
CR-8} Medium DeIUIÎtV Residential DIstrict: The purpose oftbe R-8 District is to pennit
the establishment of single- and two-family dwelliogs at a density not exceeding eight (8)
dwe1lioø units per acre. This District delineates those areas where such development bas 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-fàmily 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 orland is a legislative function, the City has authority
to place COnditiODS upon the annexation ofland. See Burt VB. The City ofIdaho Falls. 105 Idaho 65,
,
665 P2d 1075 (1983).
7.
The development of the annexed land, if annexed, sha11 meet and comply with the
Ordinances of tile City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development túne schedules and requirements; Section 12-4-13, which pertains to the piping of
dhches; and Section 12-5-2 N, which pertains to presSUJÚed 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCA TlON
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDMSION
(AZ-04-003)
PAGE.5 OF 9
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Couneil does hereby Order and this does
Order:
1.
The appliœnt's request for anRmmtion and zoJñng ofapproximately 19.70 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 of 19.70 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
to aJ1 the provisions ofthe City ofMeridian Resolution No. 158. The legal description fur 8Mexation
mlÌst 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 follows;
1.
The legal description submitted with the application (dated 10-27"{)3,
stamped by Richard. A. Gray) shows the property as contiguous to the
existing corporate boundary of the City of Meridian and is approved.
Any existing domestic wells and/or septic systems within this project will
have to be removed &om their domestic service, per City Ordinance
Section 5-7-517, when services are available iTom the City pfMeridian.
Wells may be used for non-domestw purposes such as landscape irrigation.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or iying adjacent and contiguous to the parcel shaJ1 be
tiled per City Ordinance 12-4-13. Plans will need to be approved by the
appropriate irrigation/drainage district. or lateral users association (ditch
2.
3.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZOMNG JA YDAN VILLAGE SUBDIVISION
(AZ-O4-003)
PAGE6 OF9
5.
owners), with written approval or non-approval8IJbmitted to the Public
Works Department. Iflateral users association approval can't be obtained,
plans will be reviewed and approved by the Meridian City Engineer prior to
final plat 5Ígnature.
Any future subdivision, uses and construction on this property shall comply
with the City of Meridian ordinances in effect at the time.
4.
The Applicant shall also comply with the conditions and requirements of the
cOlTesponding applications for thiB project, which are Preliminary Plat - PP-o3-042, and Conditional
Use Permit - CUP-Q4-016.
5.
The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning desisnation ofilie real property which is the subject of the
application to (R-8) Medium Deusi.ty Residential District, and Meridian City Code § 11-7-2.
6.
Subsequent to the pllllllage of the Ordinance provided for in section 4 oftbis Order the
engi.neeriDg staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries andzooingmaps 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 ton the time period within which a Petition
. for Judicial RcMew may be :filed.
PleaJ¡e take notice that this is a final action of the governing body of the City of Meridian,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING JA YDAN vn.LAGE SUBDMSION
(AZ-04-003)
PAGE7 OF9
pursuant to Idaho Code § 67.6521. An alfected 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 a judicial review as provided by Chapter 52, Title 67, Idaho
Code,
By action of the City Council at its regular meetins held on the
24-1£ day of
fht.~J.?
(/
ROLL CALL
COUNCn.MAN SHAUN W AIU>LE
.2004.
VOTED~
COUNCILMAN BILL NARY
VOTED$#\......
VOTED~
COUNCllMAN CHARLIE ROUNTREE
COUNCllMAN KEITH BIRD
VOTED $A-
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: fJ - 3-+ -p 4-
MOTION:
APPllOVED:-X- DISAPPROVED:-
VOTED -
Attest:
PAGES OF9
_F"
Copy served upon Applicant, the Planning and Zoning Department. Public Works Department and the
City Attorney.
By:~(l ho.CM. J
CIty Clerk's Office
Dated:
~'3o,o4
z:\Worit\M\Morilliaø.\Mfridiaa I 360MISaIIBbœy Sub No. 2 AZ-œ.o36 Pp.( 3.042 AppI\IvaIl'iIIdiaplAZPFCLO AZ-O3.o36 OS 20 2O04.00c
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCA TION
FOR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDIVISION
(AZ-04-003)
PAGE9 OF9