HomeMy WebLinkAboutCity Clerk ChecklistCITY CLERK FILE CHECKLIST
Project Name: Sparrowhawk Subdivision Nos. 1 & 2 File No. MI 07-003
Contact Name: David Waldron Phone: 938-4688
Date Received from Planning and Zoning Department:
Planning and Zoning Level:
❑X Transmittals to agencies and others:
❑X Notice to newspaper with publish dates:
Hearing Date: N/A
February 7, 2007
❑ Certifieds to property owners:
❑ Planning and Zoning Commission Recommendation: ❑ Approve 0 Deny
Notes:
City Council Level:
❑ Transmittals to agencies and others:
❑ Notice to newspaper with publish dates
❑ Certifieds to property owners:
❑ City Council Action:
Hearing Date: March 13, 2007
February 7, 2007
02/19/07 and 03/05/07
0 Approve ❑ Deny
❑ Findings / Conclusions / Order received from attorney on:
Findings / Conclusions / Order:
i
❑
Approved by Council:
Ongn6 Res/Copy Ce1 U—b°°k
C°Dy Res/Copy Cert. Cary Clerk
City Engineer
Ciy Planner
❑
Copies Disbursed:
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SetlinpFlcars
PrgecIFile
❑
Findings Recorded
Deputy Cleric
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Development Agreement:
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ACplicant(non-CPAs)
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Original eook
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Signed by all parties:
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Approved by Council:
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Approved by Council:
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❑
Recorded: Deadline: 10 days
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❑
Copies Disbursed:
Notes:
CITY OF �- �t _
eY1�l�.n- _VI TRANSMITTALS TO AGENCIES FOR COMMENTS ON
CA
v DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
IDAHO
insure that your comments and recommendations will be considered by
R �� TREASURE V��Y
19 7 the Meridian City Council please submit your
MAYOR I comments and recommendations to Meridian City Hall
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Joseph W. Borton
Charles M. Rountree
Shaun Wardle
CITY DEPARTMENTS
City Attorney/HR
703 Main Street
898-5506 (City Attorney)
898-5503 (HR)
Fax 884-8723
Fire
540 E. Franklin Road
888-1234 / fax 895-0390
Parks & Recreation
11 W. Bower Street
888-3579/fax 898-5501
Planning
660 E. Watertower Lane
Suite 202
884-5533/fax 888-6854
Police
1401 E. Watertower Lane
888-6678 / fax 846-7366
Public Works
660 E. Watertower Lane
Suite 200
898-5500/fax 898-9551
- Building
660 E. Watertower Lane
Suite 150
887-2211 / fax 887-1297
- Wastewater
3401 N. Ten Mile Road
888-2191/fax 884-0744
- Water
2235 N.W. 8th Street
888-5242 / fax 884-1159
Attn: Will Berg, City Clerk, by: March 6, 2007
Transmittal Date: February 7, 2007
Hearing Date: March 13, 2007
File No.: MI 07-003
Request: Public Hearing - Miscellaneous application to Modify the existing DA
to remove Item 6.1 which requires procurement of detailed conditional use
permits prior to development / use of each lot within the subdivision for
Soarrowhawk Subdivision Nos. 1 & 2
By
David Waldron
Location of Property or Project: north of Franklin Road and east of
Locust Grove Road
Steve Siddoway (no FP)
David Moe (no FP)
Wendy Newton-Huckabay (No FP)
Michael Rohm (No FP)
Keith Borup (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, C/C
Joe Borton, C/C
Keith Bird, C/C
David Zaremba, C/C
Water Department
Sewer Department
Sanitary Services(No VAR, VAC, FP)
Building Department / Rich Greene
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Economic Development (CUP only)
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office(FP/PP only)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrig. District
Idaho Power Co. (FP,PP,cUP)
Qwest (FP/PP only)
Intermountain Gas (FP/PPonly)
Bureau of Reclamation (FP/PP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. Land Records
Meridian Development Corp.
Historical Preservation Comm.
CITY FALL 33 EAST IDAHo AVENUE MERIDIAN, IDAHo 83642 (208) 888-4433
CITY CLERK- FAX 888-4218 FINANCE & UTILITY BILLING- FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119
Printed on recycled paper
M
Planning Department
COMMISSION & COUNCIL REVIEW APPLICATION
Type of Review Requested (check all that apply)
❑ Alternative Compliance
❑ Annexation and Zoning
❑ Comprehensive Plan Map Amendment
❑ Comprehensive Plan Text Amendment
❑ Conditional Use Permit
❑ Conditional Use Permit Modification
❑ Design Review
❑ Final Plat
❑ Final Plat Modification
❑ Planned Unit Development
❑ Preliminary Plat
❑ Private Street
❑ Rezone
❑ Time Extension (Commission or Council)
❑ UDC Text Amendment
❑ Vacation (Council)
❑ Variance
Other 1�
nt Information
Applicant name:
STAFF USE ONLY:
File number(s): h I o :+— C Gz
Project name: S flu,rrou0 pia L DMr Hoc
Date filed: Z1 b Date complete:
Assigned Planner: fi/ylG 40, 9C 5 )
Related files:
Hearing date: _Ml??1-o_170 Commission Council
Applicant address: An W. C L l I A WOO V G RT A11
Applicant's interest in property: �wn ❑ Rent C ttio eldW❑ Other
Phone: " 1 2 jJ—`C(4 V C
Zip: SK3W W
Owner name: � o 9W A w � i.L c Phone: � � • q (O 15)( IL
Owner address: _ [�(� . Cc M N W O o 1P CZT Zip: nu i ,4�__
Agent name (e.g., architect, engneer, &eVefder, representative): NFj
Firm name:
Phone:
Address: �p.�l►� Zip:
Primary contact is:Applli/i��cant ❑ Owner ❑ Agent ❑ Other
Contact name:
^/� SAN6
E-mail: `A YJ E W R C R$ LBC#4 K)6 7r
Phone:
Fax:
Subject Property Information c 1
Location/street address: S 12a r r O U h I -LO K. ,) t,L % i J s t on S l 2—
Assessor's parcel number(s):
Township, range, sections: Tb IJ , Z i E C . Total acreage:
Current land use: Co M M C', C t d , Current zoning district: C —
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 . Website: www.meridiancity.org
1
�'J
Project Description
Project/subdivision name: D A H—
General description of proposed project/request: 'C=,Ld% to,
Proposed zoning district(s):
Acres of each zone proposed:
Type of use proposed (check all that apply):
❑ Residential 0 Commercial .0Office
❑ Industrial ❑ Other
Amenities provided with this development (if applicable):
Who will own & maintain the pressurized irrigation system in this development?
Which irrigation district does this property lie within?
Primary irrigation source: Secondary:
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):
Residential Project Summary (if applicable)
Number of residential units: Number of building lots:
Number of common and/or other lots:
Proposed number of dwelling units (for multi -family
1 Bedroom:
Minimum square footage of structure(s) WI. garage):
Minimum property size (s.f):
lopments only):
2 or more Bedrooms:
Proposed building height: _
Average property size (s.£):
Gross density (DU/acre-total land):' —',,Net density (DU/acre-excluding roads & alleys):
Percentage of open space ovided: Acreage of open space:
Percentage of useabl pen space: (See Chapter 3, Article G, for qualified open space)
Type of open spa a provided in acres (i.e., landscaping, public, common, etc):
Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family
Non-residential Project Summary (if applicable)
Number of building lots: Other lots:
Gross floor area proposed:
Hours of operation (days and hours):
Existing (if applicable):
Building height:
Percentage of site/project devoted to the following:
Landscaping: Building: Paving:
Total number of employees: Maximum number of employees at any one time:
Number and ages of students/children (if applicable): Seating capacity:
Total number of parking spaces provided:
Number of compact spaces provided:
Authorization A n
Print applicant name: t
Applicant signature: Date: /mil Ti,
665 E. Watertower Lane. Suite 202 • Meridian, Idaho 83642 6
Phone: (208) 884-5533 • Facsimilc: (208) 888-6854 • Website: www.meridiancity.org
2 (Rev. 9121106)
DAVID E. WALDRONN
DEVELOPMENT • ARCHITECTURE • PROJECT MANAGENIENT
February 2, 2007
Meridian City Council
660 E. Watertower Lane
Meridian, Idaho 83642
Re: Development Agreement Modification
Dear City Council Members,
The following is in support of an application to Modify the Development Agreement for
the Sparrowhawk Subdivision located on Franklin in Meridian. The DA is dated
November 13, 2001 and recorded on 12-21-2001 (36 pg 101135901). The project Master
Plan was revised and approved on March 2, 2004 (CUP-03-066). The subject
modification is in reference to 6.1 under: CONDITIONS GOVERNING
DEVELOPMENT OF SUBJECT PROPERTY. 6.1 states "The development and use of
each lot in this subdivision will occur only through the Conditional Use Permit process".
We are including for your review with this application, architectural drawings for a
building to be built on lot #8 within the subdivision. This building design is
representative of the quality of design and choice of materials intended through out the
project. We are requesting the elimination of the requirement of going through the
Conditional Use Permit process for the remainder of the lots within the subdivision.
Thank you for your consideration.
G
ancerely.
M AP,
David Waldron
80 West Cottonwood Court, Suite 150 • Eagle, Idaho 83616 • P 208-938--L688 • F 208-938-5076
e-mail: davidw@cableone.net
Hearing Date: March 13, 2007
File No.: MI-07-003
Project Name: Sparrowhawk Development Agreement Modification
Request: Modification of the existing Development Agreement for Sparrowhawk
Subdivisions 1 & 2 to remove Item 6.1 which requires procurement of
detailed conditional use permits prior to development/use of each lot
within the subdivision.
Location: North of Franklin Road and East of Locust Grove Road (Sparrowhawk
Subdivisions 1 & 2, in Section 8, Township 3 North, Range 1 East,
B.M.)
Pqf
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RECEIV�:1
FEB 0 i 2007
City Of Meridian -
City Clerk Office
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO) (� V
�p \A
COUNTY OF ADA)
(name) • /� �� (address)
(city) (state)
being first duly sworn upon, oath, depose and say:
That I am the record owner of the property described on the attached, and I grant my
permission to:
�
(name)
(address)
to submit the accompanying application(s) pertaining to that property.
I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this day of 2' , 200:2_
4� -- '� �
Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
�0*1, 0 otary Public for Idaho)
Residing
• 'O
;• ���'�• ; My Commission Expires: 1
•••.ATE ��
RECORDED -REQUEST OF
ADA COMITY RECORDER
2001 DE Z 4 � 1= �Z � to 35901
MERIDIAN CITY
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. D. Arlene Stutzman, Owner
3. Sitzlar Real Estate Development, LLC, Developer
THIS DEVELOPMENT AGRE MENT (this "Agreement"), is
made and entered into this day of aW4-x6ei, , 2001, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and D. ARLENE STUTZMAN hereinafter called
"OWNER", whose address is 1184 Cathy Lane, Meridian, Idaho 83642, and
SITZLAR REAL ESTATE DEVELOPMENT, LLC, hereinafter called
"DEVELOPER", whose address is 1245 W. Hempstead Dr., Eagle, Idaho
83616•
RECITALS:
1.1 WHEREAS, "Owner" is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State
of Idaho, described in Exhibit A, which is attached hereto
and by this reference incorporated herein as if set forth in
full, herein after referred to as the "Property"; and
1.2 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'�r "Developer" make a
written commitment conceii t -the usd-br 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"/"Developer" has submitted an
application for annexation and zoning of the "Property"s
described in Exhibit A, and has requested a designation of
DEVELOPMENT AGREEMENT (AZ-00-024) -I
(C-G) General Retail and Service Commercial District,
(Municipal Code of the City of Meridian); and
1.5 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 subject "Property" will be
developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning & Zoning
Commission, and subsequently before the City Council,
include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and- comment; and
1.7 WHEREAS, City Council, the day of fd,
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
1.8 WHEREAS, the "Findings" require the "Owner" and
"Developer" enter into a development agreement before
the City Council takes final action on annexation and
zoning designation; and
1.9 "OWNER" and "DEVELOPER" deems 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
1.10 WHEREAS, "City" requires the "Owner" and "Developer"
to enter into a development agreement for the purpose of
ensuring that the "Property" is developed and the
subsequent use of the "Property" is in accordance with the
DEVELOPMENT AGREEMENT (AZ-00-024) - 2
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 Comprehensive Plan
of the City of Meridian adopted December 21, 1993,
Ordinance #629, January 4, 1994, and the Zoning and
Development Ordinances codified in Meridian City Code
Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2 "DEVELOPER": means and refers to Sitzlar Real Estate
Development, LLC, whose address is 1245 W. Hempstead
Dr., Eagle, Idaho 83616, the party developing said
"Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
3.3 "OWNER': means and refers to D. Arlene Stutzman,
whose address is 1184 Cathy Lane, Meridian, Idaho
83642, the party owning said "Property" described in
DEVELOPMENT AGREEMENT (AZ-00-024) - 3
Exhibit "A", and shall include any subsequent owner(s) of
said "Property"
3.4 "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", attached hereto and
by this reference incorporated herein as if set forth at
length.
4. 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 1.1- - K which
are herein specified as follows:
(C-G) General Retail and Service Commercial District:
The purpose of the C-G District is to provide for
commercial uses which are customarily operated entirely or
almost entirely within a building; to provide for a review of
the impact of proposed commercial uses which are auto
and service oriented and are located in close proximity to
major highway or arterial streets; to fulfill the need of
travel -related services as well as retail sales for the transient
and permanent motoring public. All such districts shall be
connected to the Municipal water and sewer systems of the
City, and shall not constitute strip commercial
development and encourage clustering of commercial
development.
Construction and development of a 3-lot commercial
subdivision.
4.2 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
S. DEVELOPMENT IN CONDITIONAL USE:
"Owner"/"Developer" is required to submit to "City" an application for
DEVELOPMENT AGREEMENT (AZ-00-424) - 4
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".
6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
6.A "Owner"/"Developer" shall develop the "Property" in
accordance with the following special conditions:
Adopt the Recommendations of the Planning and Zoning and
Engineering staff as follows:
6.1 The development and use of each lot in this subdivision
will occur only through the Conditional Use Permit
process.
6.2 Due to the single-family use abutting Lot 1, Block 1, a
minimum 25-foot-wide planting strip, in accordance with
City Ordinance 12-13, is required along the property lines
abutting the residential lot and shall be a condition
attached to this property.
6.3 A minimum 10-foot-wide landscape street buffer, platted
as a separate common lot, shall be required beyond the
existing right-of-way line along the full North Nola Road
frontage.
6.4 A minimum 35-foot-wide landscape street buffer, platted
as a separate common lot, shall be required beyond the
future right-of-way line along the full Franklin Road
frontage.
6.5 A detached sidewalk with a minimum 5-foot-wide planter
strip between the curb and sidewalk shall be required along
the Franklin Road frontage.
DEVELOPMENT AGREEMENT (AZ-00-024) - 5
6.6 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 and plans shall be approved by the appropriate
irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the
Public Works Department.
6.7 Any existing domestic wells and/or septic systems within
this project will have to be removed from their domestic
service per City Ordinance Section 9-1-4 and 9-4-8. Wells
maybe used for non -domestic purposes such as landscape
irrigation. _
6.8 Two -hundred -fifty- and 100-watt, high-pressure sodium
streetlights will be required at locations designated by the
Public "Works Department. All streetlights shall be
installed at subdivider's expense. Typical locations are at
street intersections and/or fire hydrants.
6.9 Outside lighting shall be designed and placed so as not to
direct illumination on any nearby residential areas and in
accordance with City Ordinance Sections 11-134C. and
12-5-2.M.
6.10 Off street parking shall be provided in accordance with the
City of Meridian Ordinance 11-13 for use of property.
6.11 A drainage plan designed by a State of Idaho licensed
architect or engineer is required and shall be submitted to
the City Engineer (Ord. 557, 10-1-91) for all off-street
parking areas in the proposed future commercial lots. All
site drainage shall be contained and disposed of on -site,
6.12 All signage in the proposed future commercial lots shall be
in accordance with the standards set forth in Section 11-14
(or subsequently adopted ordinance) of the City of
Meridian Zoning and Development Ordinance. No
DEVELOPMENT AGREEMENT (AZ-W-024) - 6
temporary signage, flags, banners or flashing signs will be
permitted.
6,13 Provide five -foot -wide sidewalks in accordance with City
Ordinance Section 12-5-2.K.
6.14 All construction shall conform to the requirements of the
Americans with Disabilities Act.
6.15 The Applicant is aware that strip commercial development
is prohibited, and therefore, Applicant shall be required to
inform prospective buyers of the lots that clustered, off -set
setbacks and creative design shall be encouraged and
development representing any form of strip development is
not allowed.
Adopt the Recommendations of the Ada County Highway
District dated February 6, 2001, and upon the completion of
their review adopt any additional Recommendations in ACHD
action to follow on or about February 28, 2001.
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"/"Developer" 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"/"Developer" consents 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:
DEVELOPMENT AGREEMENT (AZ-00-024) - 7
8.1 That the "City" provide written notice of any failure to
comply with this Agreement to "Owner"I"Developer" and
if the "Owner"/"Developer" fails to cure such failure within
six (b) months -of such notice.
9. INSPECTION: "Owner"/"Developer" 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:
10.1 In the event "Owner"/"Developer", "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.
10.2 A waiver by "City" of any default by "Owner"/"Developer"
of any one or more of the covenants or conditions hereof
shall apply solely to the breach and breaches waived and
shall not bar any other rights or remedies of "City" or
apply to any subsequent breach of any such or other
covenants and conditions.
11, REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Owner"/"Developer"'s cost, and submit proof of such recording to
"Owner" l"Developer", prior to the third reading of the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" by
the City Council. If for any reason after such recordation, the City Council
fails to adopt the ordinance in connection with the annexation and zoning of
DEVELOPMENT AGREEMENT (AZ 00-024) - 8
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.
B. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" 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"/"Developer" shall
have thirty (30) days after delivery of notice of said breach
to correct the same prior to the non -breaching party's
seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period,
if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity,
then the time allowed to cure such failure may be extended
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"/"Developer" or
"City" is delayed for causes which are beyond the
reasonable control of the party responsible for such
performance, which shall include, without limitation, acts
of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time
of such delay.
DEVELOPMENT AGREEMENT (AZ-00-024) - 9
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/"Developer" agrees to
provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner"/"Developer"
agrees that no Certificates of Occupancy will be issued until all improvements
are completed, unless the "City" and "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"/"Developer" agrees to abide by all ordinances of the City of Meridian
and the "Property" shall be subject to de -annexation if the owner or his
assigns, heirs, or successors shall not meet the conditions contained in the
Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
with copy to:
DEVELOPER:
Sitzlar Real Estate Development, LLC
1245 W. Hempstead Dr.
Eagle, Idaho 83616
OWNER:
City Clerk D. Arlene Stutzman
City of Meridian 1184 Cathy Lane
33 E. Idaho Ave. Meridian, Idaho 83642
DEVELOPMENT AGREEMENT (AZ-00-024) - 10
Meridian, ID 83642
17.1 A party shall have the right to change its address- by
delivering to the other party a written notification thereof
in accordance with the requirements 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 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"/"Developer", to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable
discretion, had determined that "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
DEVELOPMENT AGREEMENT (AZ-00-024) - 11
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"/"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"/"Developer" and "City", other
than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to
a duly adopted ordinance or resolution of "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 (AZ-M024) - 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
SITZLAR REAL ESTATE
DEVELOPMENT, LLC
J
BY: �-G -�--�
KellyVulfer, M tuber
CITY OF MERIDIAN
Attest:
SHAL
CITY CLERK
{yl V 3e.
DEVELOPMENT AGREEMENT (AZ-00-024) - 13
STATE OF IDAHO)
:ss
COUNTY OF ADA)
On this �da f Rouen, in the year 2001, before
me, a Notary Public, personally
appeared Ron Sitz , iZn' or identified to me to be an authorized member of
Sitzlar Real Estate Development, LLC, to act on behalf of the limited liability
company, the person who executed the instrument, and acknowledged to me that
,. she(�e) executed the same on behalf of Sitzlar Real Estate Development, LLC.
6 ; ® Notary blic for Idaho
�, }A Commission expires:
STATIJ OF 1DAH0)
:ss
COUNTY OF ADA)
On thi 3 day of n,,weni he-r , in the year 2001, before
me, - � ,, a Notary Public, personally
appeared I elly Fulfer, known or identified to me to be an authorized member of
Sitzlar Real Estate Development, LLC, to act on behalf of the limited Iiability
company, the person who executed the instrument, and acknowledged to me that
she(he) executed the same on behalf of Sitzlar Real Estate Development, LLC_
• •ebb /.
v.
DEVELOPMENT AGREEMENT (AZ-00-024) - 14
r
Notary P lic for Idaho
Commission expires: 8-a3 -,,?ooz
STATE OF IDAHO )
:ss
County of Ada }
On this 2pfi 1, day of %Udg em 6W , in the year 2001,
before nee, a Notary Public, personally appeared Robert D. Come 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 sa �- L„
(SEAL)
oP 1,
N Public for Idaho
C F ission expires: y(IA01o7
Z:1WorkVVhMtr1dian\Meridian 15360M1SparrowhawkWevelopAgr.cvpd
DEVELOPMENTAGREEMLNT(AZ-00-024) - 15
EXUHBZT A
Legal Description Of Proper
A parcel of land located in the S1/2 of Section 8, T.3N., R.IE.,
S.M., Ada County, Idaho more particularly described as follows:
Commencing at the SW corner of said Section 8 from which the
SI/4 corner of said Section 8 bears North 89°37'00" East, 2645.88
feet;
thence along the South boundary line of said Section 8 North
89°37'00" East, 661.20 feet to the REAL POINT OF BEGINNING;
thence leaving said South boundary line North 001'01'53" East,
284.11 feet;
thence North 89°37'18" East, 331.00 feet;
thence North. 00101153" East 198.00 feet to a point on the South
boundary line of Locust Grove Industrial Park Subdivision as
filed in Book 41 of Plats at Page 3391, records of Ada County,
Idaho;
thence along said South boundary line North 89°3Tl8" East,
1653,46 feet to the southeast corner of said Locust Grove
Industrial Park Subdivision;
thence along the North -South centerline of said Section 8 South
00°00'17" West, 355.83 feet;
thence leaving said North -South centerline South 89037'00" West,
100.00 feet;
thence South 00'00'17" West, 127.00 feet to a point on the South
boundary line of said Section 8;
thence along said South boundary line South 89°3T00" West,
1884.69 feet to the Real Point of Beginning, containing 20.20
acres, more or less.
DEVELOPMENT AGREEMENT (AZ-00-024) - 16
u `.l
RADIUS NOTICE REPORT FILE NAME: waldren
06-1 eh-?007
Owners
AIMONETTO JAMES L
AIMONETTO CAROLYN M
Property Address:
ANDERSON JOHN P
ANDERSON DOROTHY J
Property Address:
BAGLEY FRED R
BAGLEY BETTY L
Property Address:
BAIR LYLE E
BAIR LESLIE H
Property Address:
BAIR LYLE E
BAIR LESLIE H
Property Address:
BERRY ARTHUR
TAMURA DOUGLAS W
Property Address:
BURR ARNOLD
Property Address:
CAMPBELL CLAIRE D
Property Address:
COPE HOLDINGS LLC
Property Address:
Owner Address
137 WINDSOR DR SE
SAMMAMISH, WA 98074-3420
waldren
120 N NOLA RD
MERIDIAN, ID 83642-5922
waldren
7225 W BETHEL ST
BOISE, ID 83704-0000
waldren
2355 E FRANKLIN RD
MERIDIAN, ID 83642-0000
waldren
2355 E FRANKLIN RD
MERIDIAN, ID 83642-0000
waldren
960 BROADWAY AVE STE 450
BOISE, ID 83706-3671
waldren
1885 E FRANKLIN RD
MERIDIAN, ID 83642-5907
waldren
PO BOX 1390
CALDWELL, ID 83606-0000
waldren
1855 E LANARK ST
MERIDIAN, ID 83642-0000
waldren
fi
0,V ners
CULLIP RODNEY L
CULLIP SHIRLEY A
Property Address:
CURTIS RUSSEL
Property Address:
ELEGANT HOMES PLANNING & DEVELOPM
Property Address:
ELSTON MILO O
Property Address:
ELSTON MILO O
Property Address:
EVANSJOHN
Property Address:
FERNANDEZ KENNETH L
FERNANDEZ SHERRY L
Property Address:
GAGE GUY E
GAGE JANICE M
Property Address:
GAGE GUY E
GAGE JANICE M
Property Address:
GAYLORD CLARE C
GAYLORD JANICE M
Property Address:
0,v ner Address
1821 E FRANKLIN RD
MERIDIAN, ID 83642-5907
waldren
23413 LANSING LN
MIDDLETON, ID 83644-0000
waldren
1119 N EAGLE RD
EAGLE, ID 83616-0000
waldren
2161 LANARK ST
MERIDIAN, ID 83642-5917
waldren
2161 LANARK ST
MERIDIAN, ID 83642-5917
waldren
30 S WEATHERBY DR
MERIDIAN, ID 83642-0000
waldren
1900 E LANARK ST
MERIDIAN, ID 83642-0000
waldren
1957 LANARK ST
MERIDIAN, ID 83642-5917
waldren
1957 LANARK ST
MERIDIAN, ID 83642-5917
waldren
5321 N ARMSTRONG
BOISE, ID 83704-0000
waldren
2
Owners
GOADE JOHN D
GOADE SANDRA J
Property Address:
GRIFFIN DAVID D
GRIFFIN DIANE H
Property Address:
JOHNSON KENNETH
Property Address:
KALLENBERGER TANYA
KALLENBERGER LEE
Property Address:
KESTER GERALD E
KESTER MARY J
Property Address:
LOCUST GROVE PARTNERS LLC
Property Address:
LYNN DEE R
Property Address:
MERIDIAN CITY
Property Address:
MERIDIAN FOOTHILLS ASSOCIATES
Property Address:
MERIDIAN JOINT SCHOOL DIST NO 2
Property Address:
O-vvner Address
2647 N SILVERLEAF WAY
MERIDIAN, ID 83646-3963
waldren
134 E PINE RD
MERIDIAN, ID 83642-0000
waldren
2307 E FRANKLIN RD
MERIDIAN. ID 83642-0000
waldren
2459 E FRANKLIN RD
MERIDIAN, ID 83642-5909
waldren
51 S WEATHERBY DR
MERIDIAN, ID 83642-0000
waldren
1501 S FEDERAL WAY STE 400
BOISE, ID 83705-2591
waldren
1184 N CATHY LN
MERIDIAN, ID 83642-0000
waldren
33 E IDAHO AVE
MERIDIAN, ID 83642-2631
waldren
13 12TH AVE S
NAMPA, ID 83653-0000
waldren
911 N MERIDIAN RD
MERIDIAN, ID 83642-2241
waldren
3
Oil ners
Owner Address
MERIDIAN JOINT SCHOOL DIST NO 2
911 N MERIDIAN RD
MERIDIAN, ID 83642-2241
Property Address:
waldren
MIDDLEFORK LAND COMPANY LLC
1056 W NEWFIELD DR
EAGLE, ID 83616-0000
Property Address:
waldren
MIDDLEFORK LAND COMPANY LLC
1056 W NEWFIELD DR
EAGLE, ID 83616-0000
Property Address:
waldren
OSBORNE ENTERPRISES
13965 W CHINDEN BLVD STE 300
BOISE,ID 83713-0000
Property Address:
waldren
OSBORNE ENTERPRISES
13965 W CHINDEN BLVD STE 300
BOISE,ID 83713-0000
Property Address:
waldren
PIERCE THOMAS C
2075 E FRANKLIN RD
PIERCE ROBIN L
MERIDIAN, ID 83642-0000
Property Address:
waldren
RECORD CLAYTON
1854 E LANARK ST
RECORD SUSAN
MERIDIAN, ID 83642-0000
Property Address:
waldren
RIDGEWAY WILLIAM C AND
2251 LANARK ST
RIDGEWAY SHIRLEY B
MERIDIAN, ID 83642-5917
Property Address:
waldren
ROBERT SEARLE V &
2031 E FRANKLIN RD
ROBERT PATRICIA K
MERIDIAN, ID 83642-5900
Property Address:
waldren
SIMPSON CHERYL
2155 E FRANKLIN RD
MERIDIAN, ID 83642-0000
Property Address:
waldren
Owners O�i ner Address
SPARROWHAWK LLC 2127 OVERLAND RD STE 1
BOISE. ID 83 705-0000
Property Address: waldren
SPARROWHAWK LLC 2127 OVERLAND RD STE 1
BOISE. ID 83705-0000
Property Address:
waldren
SPARROWHAWK LLC
2127 OVERLAND RD
STE 1
BOISE,ID 83705-0000
Property Address:
waldren
SPARROWHAWK LLC
2127 OVERLAND RD
STE 1
BOISE, ID 83705-0000
Property Address:
waldren
SPARROWHAWK LLC
2127 OVERLAND RD
STE 1
BOISE, ID 83705-0000
Property Address:
waldren
SPARROWHAWK LLC
2127 OVERLAND RD
STE 1
BOISE, ID 83705-0000
Property Address:
waldren
SPARROWHAWK LLC
2127 OVERLAND RD
STE 1
BOISE, ID 83705-0000
Property Address:
waldren
SPARROWHAWK LLC
2127 OVERLAND RD
STE 1
BOISE, ID 83705-0000
Property Address:
waldren
SPARROWHAWK LLC
2127 OVERLAND RD
STE 1
BOISE, ID 83705-0000
Property Address:
waldren
SPARROWHAWK LLC
2127 OVERLAND RD
STE 1
BOISE, ID 83705-0000
Property Address:
waldren
5
0vv ners O,vi ner Address
SPARROWHAWK LLC 2127 OVERLAND RD STE 1
BOISE. 1D 83705-0000
Property Address: waldren
6