HomeMy WebLinkAboutSundance Subdivision Commercial MI 06-001
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 08/17/06 01:17 PM AMOUNT .00 50
DEPUTY Palli Thompson I111II
~i~~rg:~d;:nEQUEST OF 1111 '!Il~ !'l~!~t"lllll/I III
ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
3.
City of Meridian
Dave Evans Construction, Developer
Gary L. Voigt, Owner
The following is an addendum to that certain DEVELOPMENT
AGREEMENT, entered into on the 28th day of March, 2002 and recorded May 16, 2002.
This addendum is made and entered into this I rp day of ~.r f , 2006, by
and between CITY OF MERIDIAN, a municipal corporation ofthe tate ofIdaho, hereafter
- _-E.~lle9- "CITY', and Gary L. Voigt whose address is 71908 Jennie Lee Drive, Idaho Falls,
Idaho 83405, hereinafter called "OWNER", and Dave Evans Construction, whose address is
5561 N. Glenwood Street, Boise, Idaho 83714, hereinafter called "DEVELOPER".
OWNER / DEVELOPER agree to be bound by the terms of the original
Development Agreement (instrument # 102056126), recorded on May 16, 2002 on the land
described in Exhibit "A", except as specifically regarding the following items:
1. The parties hereto agree that the development of the property described in Exhibit
"A" shall be in accordance with the terms of the above described Development
Agreement, exhibit "B", or those City ordinances in effect at that time any
subsequent conditional use application is filed, whichever are more restrictive.
2. Thatthe original Development Agreement, Instrument # 102056126, approved on
March 28, 2002 and recorded on May 16, 2002, be amended by modifying the
following:
. Page 1, Item 1.4 ~". .. 'Property"s described in Exhibit A, and has requested
a designation of (R-8) Medium Density Residential District and L-O
(Limited Office). . ."
. Page 2, Item 1.7 -" WHEREAS, City Council, the 5th day of March 2002
and the 18th day of Julv. 2006. has approved certain Findings of Fact and
Conclusions of Law . . ."
. Page 3, Item 3.3 - "Developer: means and refers to G.L. Voigt Development
and Dave Evans Construction. whose address is. . ."
. Page 4, Item 4.1 - ". .. Construction and development of214 single family
lots and 23 common lots, 12 office lots and a park. Development shall be
consistent with the Meridian Comprehensive Plan Generalized Land Use
Map which designates the property as Single Family Residential and Office;
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-001 SUNDANCE SUBDIVISION COMMERCIAL
ADDITION)
PAGE 1 OF 6
that any proposed uses he consistent with the L-O zonin2 standards and
reauired processes."
. Page 6, Item 11 - Change the condition to read: "That any proposed
conditional uses in the L-O zone, shall require a CUP. The office uses, and all
other principally permitted uses of the L-O zone, are allowed if constructed in
accordance with the approved CUP site plan."
. Page 6, Item 12 - Change condition to read: "Except for the area adjacent to
the driveways to the public streets, construct a minimum 20-foot wide
planting strip adjacent to the existing residentially zoned lots to the north and
east. "
3. That "Owner/Developer" agrees to abide by all ordinances of the City of
Meridian and the "Property" shall be subject to de-annexation of the
"Owner/Developer", or their assigns, heirs, or successor shall not meet the
conditions of this addendum to the Development Agreement, and any new
Ordinances of the City of Meridian as herein provided.
4. This addendum shall be binding upon and insure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including
"City's" corporate authorities and their successors in office. This second
addendum shall be binding on the "Owner/Developer" of the "Property", each
subsequent owner and any other person( s) 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 hereon and any successor owner or owners shall be both benefited 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 addendum if "City", in its sole and reasonable
ui~l.:retion, had determined that "Owner/Developer" has fully performed its
obligations under this Addendum.
5. If any provision of this addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this addendum
and the invalidity thereof shall not affect any of the other provisions contained
herein.
6. This addendum sets forth all promises, inducements, agreements, condition, and
understandings between "Owner/Developer" and "City" relative to the subject
matter hereon, 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
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-001 SUNDANCE SUBDIVISION COMMERCIAL
ADDITION)
PAGE 2 OF 6
this second addendum 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".
a. Except as herein provided, no condition governing the uses and/or
conditions governing development of the subject "Property" herein
provided for can be modified or amended within the approval ofthe 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.
7. This addendum shall be effective as of the date herein above written.
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-001 SUNDANCE SUBDIVISION COMMERCIAL
ADDITION)
PAGE30F6
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELOPER:
DAVE E~~ CONSTRUCTION
L l_. 00-~ ~
By:
OWNER:
:~YL~/f~
CITY OF MERIDIAN
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:y'or T
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~~6~o6~cd e-a-tP6
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-001 SUNDANCE SUBDIVISION COMMERCIAL
ADDITION)
PAGE 4 OF 6
STATE OF IDAHO, )
: ss:
County of Ada, )
On this Is! day of ~/p,f ,2001, before me, the undersigned, a
Notary Public in and for said State, personal yappeared W,..,.. lX),4lJd r;v~S
on behalf of Dave Evans Construction, known or identified to me to be the
Owner of said company, who executed the instrument on behalf of said
company, and acknowledged to me that he executed the same.
(!;~d~
Notary Public for !Q.aho
Residing at: f5tJ15t!/
My Commission Expires:
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STATE OF IDAHO, )
: ss:
County oDBbr; l30 A,,~ ~ uf LLe
On this r.:2. ~y of ~ b---. , 200( before me, the undersigned, a
Notary Public in and for said State, personally appeared Gary L. Voigt, known or identified
to me to be the person who executed the instrument, and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
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ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-001 SUNDANCE SUBDIVISION COMMERCIAL
ADDITION)
PAGE 5 OF 6
STATE OF IDAHO )
: ss
County of Ada )
On this ~th day of AUQJs+ , 2006, before me, a Notary
Public, personally appeared Tammy de W~rd and William G. Berg, Jr., 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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Residing at: _~ Ch Lelii -tU I 1D
Commission expires: l~j 1--11
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-001 SUNDANCE SUBDIVISION COMMERCIAL
ADDITION)
PAGE 6 OF 6
EXHIBIT A
Legal Description
TOOTHMAN-ORTON ENGINEERING COMPANY
C:ONSUt:TlNO ENGINEERS, SURVEyORS AND PlANNERS
9777 CHINDfN HOL'i[V^~ll
6hl~f, IO^HO 8371 ~.~008
lU8.U~.nB8 . '"AX }(I8-323-2J'J'1
\>0 i~'~fOftn';r(r~.t:',;'tt fl
Pro.iccr: 05161
Date: Fchnmry I, 2006
Page: I on
Land Ilcllcription for Re-zonc to L-O
A paTcel of land situated in lhe S W ~I.i of Section:; I. Township 4 Korth. Range]
East., Boise Meridian. City ofMcl'idian, Ada COlllll)'. Idaho. being a portiollllfsaid 8\V t"
<md u portion of LIlI 19 and allllrLots 20 through 26. Alock 7 or Sundance Subdivision
'1\0. 3. as flkd in Book 8& of Pl11l~!ll rnges J 00::5 and 10026. ReeorJN of Ada COUllty,
Idaho. dcscribed [IS follows:
IJEnrNNJNG at an aluminum C,LP, marking lhe comer Cllmmolllu Section 31. Townlihip
4 North. Range 1 East; Seclioll 36. T()wnship 4 North, Range I West; Section I,
Township 3 North, Rallgc I Wesl; and Section 6, Township 3 North. Range 1 East. all
Boise Meridian, Ada County. Idaho. from which a bl'a~s cap, li1arking thC'.~i<l ~:orm:r
common tn said Sl;l;liollS 31 and 36 bears" .0005j'50"E. 2650.09 Icel; thcticc, along rhe
line common III said Sedilllis 31 and )0 and tbe centerline ofN. McridianR011d,
I) N.OU"51 '5()"f.. 494.46 fet:t: thence. ,dong the lIonl1erly line M sflid Lot 26 and Ilw
westerly prolongation thereof.
2) S.X900W 1 O"E,. 4 77.13 feet 10 the northeasterly comer ot" Raid L,ol2(i; lh,'n.~'t.~
along Ih" easlerly line of said Lots 26 and 25 and ihe snulhel'ly prlllongaliol1
thereof,
)) S.Ooo51'50"W., 490J{4 [cello Ihe centerline of E. l.:stick Road and thcSCClioll
line common to said Sections 31 and 6; lhence. along NaJd line,
4, X89034'1 TW.. 477.14 feCllo tht' POlXT OF REGINNI~G.
CONTAINING; 5.40 IIcres. mmeor less.
SlJWECT TO: all Covenants, Rights.. Righls.of-Way. Eascmenl$ Ill' Record alle! :Iny
Encurnbrariecs.
(Thi!> descriptjon wa.s prepllred from record inforlllati(Jn on the ot'lichll plat of Sumbnc('
SubdivisiUJi )IlL 3. records of Aua County. Idaho 1
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DEVELOPMENT AGREEMENT
PARTIES:. 1.
2.
3.
City of Meridian
McBirney Propeny Trust, Owners'
G.L. Voigt Development, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this 28#!!: day of /'1ttueA., " 2002.; by and
between CITY OF MERIDiAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and McBIRNEY PROPERTY TRUST, hereinafter
called "OWNERS", whose address is 1162 Bentoak Lane, San Jose, California
95129-3104, and G.L. VOIGT DEVELOPMENT, hereinafter called
. . "DEVELOPER",. whose address is 1908 E. Jennie Lee Drive, Idaho Falls, Idaho
83404.
I. . RECITALS:
1.1 WHEREAS, "Owners" are the sole owners, in law and/or
equity. of certain tract of land in the County of Ada, State
of Idaho, described in Exhibit A, which is attached hereto
and by this reference incorporated herein as if set fonh in
full, herein after referred to as the "Property"; and
1.2 WHEREAS, I.c. ~67-651IA. Idaho Code, provides that
cities may. by ordinance, require or permit as a condition
of re-zoning that the "Owners" or "Developer" make a
w'ritten commitment concerning the use or development of
the subject lIProperty"; and
1.3 WHEREAS, I'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 Ian?; and
1.4 WHEREAS, "Owners" and I'Developer" have submitted
an application for annexation and zoning of the
"Propeny"s described in Exhibit A,: and has requested a
DEVELOPMENT AGREEMENT (AZ-OI-012) - 1
designation of (R-B) Medium Density Residential District,
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Owners. and "Developer" made
representations at the public hearings both before the
Meridian PlaMing & Zoning Commission and before the
Meridian City Council, as to how the subject "Propeny"
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 S*' day of fH.ll/lcI.-, 2002,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set fonh in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set fonh in full, hereinafter referred to as (the
"Findings"); and
1.8 WHEREAS, the "Findings" require' the "Owners" and
"Developer" enter into a development agreement before the
City Council takes final action' on annexation and zoning
designation; and
1.9 "OWNERS" and "DEVELOPER. deem it to be in its
best interest to be, able to enter into this Agreement and
acknowledges that this Agreement was entered into
voluntarily and at its urging and requests; and
1.10 WHEREAS, ~City" requires the "Owners. and "Developer"
to enter into a development agreement for the purpose of
ensuring that the "Property" is developed and the
DEVELOPMENT AGREEMENT (AZ-OI-012) - 2
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
propeny 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 "OWNERS-: means and refers to McBirney Property
Trust, whose address is 1162 Bentoak Lane, San Jose,
California 95129-3104, the party developing said
"Property- and shall include any subsequent .
owner(s)/developer(s} of the "Property".
3.3 -DEVELOPER-: means and refers to G.L. Voigt
Development, whose address is 1908 E. Jennie Lee Drive,
DEVELOPMENT AGREEMENT (AZ~Ol-012) - 3
Idaho Falls, Idaho 83404, the party developing said
"PropertY- and shall include any subsequent
owner(s)/developer(s) of the "Property".
3.4 "PROPERTY": means and refers to that certain parcel(s)
of "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 11-7-2 (D) which
are herein specified as follows: '
ConstrUction and development of 214 single family lots and 23
common lots, 4 office lots and a park.
Development shall be consistent with the Meridian Comprehensive
Plan Generalized Lane Use Map which designates the property as
Single FamilY Residential; that any proposed uses other than an
office use on Lots 45, 47. 49 and 50, Block 7 shall require a
conditional use~ if constructed in accordance with an approved
CUP site plan and plat.
4.2 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
'S. DEVELOPMENT IN CONDITIONAL USE: "Owners" and
"Developer" are not required to submit to ~City" an application for conditional
use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
DEVELOPMENT AGREEMENT (AZ-OI-012) - 4
A "Owners. and "Developer" shall develop the "Propeny" in
accordance with the following spedal conditions:
1. 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
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.
2. Any existing domestic wells and/or septic systems within this
project shall be removed from their domestic service per City
Ordinance Section 9-1-4 and 9..4-8. Wells may be used for non-
. domestic purposes such as landscape inigation.
3. 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 11~13-4.C. and 12-5-2.M.
4. Two-hundred-fifty- and I DO-watt, high.pressure sodium
streetlights shall 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.
5. 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. Off.street parking shall be provided in the proposed future
commercial lots in accordance with the City of Meridian
Ordinance 11.13 for use of property.
7. AIl signage in the proposed future comrnerciallots shall be in
accordance with the standards set forth in Section 11-14 of the
City of Meridian Zoning and Development Ordinance. No
temporary signage, flags. banners or flashing signs shall be
DEVELOPMENT AGREEMENT (AZ-OI-012) - 5
pennitted.
B. Provide five-foot-wide sidewalks in accordance with City
Ordinance Section 12.5.2.1(
9. All construction shall conform to the requirements of the
Americans with Disabilities Act.
10. Meridian City Ordinance 12-6 sets forth the requirements for
Planned Developments. Any conditions attached to a Final
Development Plan for Planned Development projects run with
the land and shall not lapse or be waived as the result of any
subsequent change in tenancy or ownership.
11. That any proposed uses other than an office use on Lots 45, 47,
49 and 50, Block 7 shall require a CUP. The office uses are
allowed under the Planned Development process and would not
require a CUP if constructed in accordance with an approved
CUP site plan and plat.
12. Due to the single-family uses abutting the boundaries of Lots 45,
47 and 49, Block 7 (proposed as future office use), a minimum
20-foot planting strip, in accordance with City Ordinance 12-4-
7 A., is required' along the property lines of these three lots.
13. Dedicate 48-feet of right-ai-way irom the (:enterline of Ustick
Road abutting the parcel by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance
of a building permit (or other required permits), whichever occurs
first.
14. Dedicate 48.feet of right-of-way from the centerline of Meridian
Road abutting the parcel by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance
of a building,perrnit (or other required permits), whichever occurs
first.
15. Construct the main entrance off Ustick Road, located
approximately 900-feet east of the west property line, as
proposed. Construct the main entrance with one inbound
DEVELOPMENT AGREEMENT (AZ-OI-012) - 6
segment 2 I-feet, and construct the outbound segment with two
lanes, approximately 29-feet wide. The median shall be
constructed a minimum of 4-feet wide to total a minimum of a
IOO-square foot area. The applicant shall be required to dedicate
sufficient right-:-of-way for the street section plus the additional
width of the median.
16. Construct a center turn lane on Ustick Road for the main .
entrance/Ustick Road intersection. Provide a minimum of 100-
feet of storage with shadow tapers for both the approach and
depanure directions. Coordinate the design of the turn lane with
District staff.
17. Construct a S-foot wide concrete sidewalk on Ustick Road located
two-feet within the new right-of-way. Coordinate the location
and elevation of the sidewalk with District staff.
18. Construct a 24 to 3D-foot wide driveway on Ustick Road, located
420-feet east of Meridian Road. Pave the driveway its full width
and at least 30.:feet into the site beyond the edge of pavement of
Ustick Road and install pavement tapers with 15-foot radii
abutting the existing roadway edge.
19. Construct the main entrance off Meridian Road, located
approximately 1,300-feet narth of the south propeny line, as
proposed. Verify that the entrance is offset a minimum of 125-
feet from the proposed main entrance to Cedar Springs
Subdivision on the west side of Meridian Road. Design the main
entrance with a 21-faot street section for the inbound segment
and construct the outbound segment with two lanes,
approximately 29-feet wide. The median shall be constructed a
minimum of 4wfeet wide to total a minimum of a 100-square foot
area. Dedicate sufficient right-of-way for the street section plus
the additional width of the median.
20. Construct a center turn lane on Meridian Road for the main
entrance/Meridian Road intersection to provide a minimum of
1 DO-feet of storage with shadow tapers far both the approach and
depanure directions. Coordinate the design of the turn lane with
DEVELOPMENT AGREEMENT (AZ-OI-012) - 7
District staff.
21. Construct a 24 to 3D-foot wide driveway on Meridian Road,
located 440-feet nonh of Ustick Road. Pave the driveway its full
width and at least 30~feet into the site beyond the edge of
pavement of Meridian Road and install pavement tapers with 15-
foot radii abutting the existing roadway edge.
22. Construct a 5.foot wide concrete sidewalk on Meridian Road
located two-feet within the new right-of-way. Coordinate the
location and elevation of the sidewalk with District staff.
23. Broadwater Way shall be designated as a residential collector
street with no front.on housing, because the anticipated traffic
volumes will exceed 1,000 vehicle trips per day. The access
restrictions for these street segments shall be stated on the final
plat. District policy requires that these street segments be
constructed as 36-foot street sections with curb, gutter and 5-foot
wide concrete sidewalks. Parking shall be prohibited on these
street segments. Coordinate the signage plan with District staff.
24. Unless otherwise approved, construct all public roads within the
subdivision as 36-foot street sections with turb, gutter, and 5-foot
wide concrete sidewalks within 50-feet of right-oE-way.
25. Construct the turnarounds to provide a minimum turning radius
. of 45-feet.
26. Construct a stub street to the north property line between Lot
22, Block I, and Lot I, Block 5 as proposed. A paved temporary
turnaround at the end of the stub street is not required. Install a
sign at the terminus of the roadway stating that, "THIS ROAD
WILL BE EXTENDED IN THE FUTURE". Coordinate the sign
plan for the stub street with District staff.
27. Construct a stub street to the east propeny line between Lot 13,
Block 5, and Lot 48, Block 10 as proposed. A paved temporary
turnaround at the end of the stub street is not required. Install a
'sign at the terminus of the roadway stating that, "THIS ROAD
DEVELOPMENT AGREElVIENT(AZ-OI-012) - 8
WILL BE EXTENDED IN THE FUTURE". Coordinate the sign
plan for the stub street with District staff.
28. Provide a $30,000 deposit to the Public Rights-oE-Way Trust
Fund for the cost of constructing one-quarter of the traffic signal
at the intersection of Ustick Road and Meridian Road.
29. Any proposed landscape islands/medians within the public right-
of-way dedicated by this plat shall be owned and maintained by a
homeowners association. Notes of this shall be required on the
. final plat.
30. Relocate any irrigation facilities or utilities. outside of the new
right-of-way on Ustick Road or Meridian Road.
31. Except for one approved driveway on Ustick Road, and one
approved driveway on Meridian Road, direct lot or parcel access
to Ustick Road or Meridian Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on
the final plat.
32. Comply with all of ACHD's Standard Requirements (9) listed
within their letter dated July 9,2001.
33. All Uniform Fire Codes shall be met.
34. That a fire-flow of 1,000 gallons per minute be available to
service the entire project. Fire hydrants shall be placed an
average of 400' apart.
35. Operational fire hydrants and temporary or.permanent street
signs are required before combustible construction begins. .
36. Acceptance of water supply for fire protection is contingent upon
acceptance of the water system by the City of Meridian for water
quality.
37. Fire approval of fire hydrant locations shall be by the Fire
Department. Several fire hydrants shall have to be relocated.
DEVELOPMENT AGREEMENT (AZ-OI-012) - 9
38. All radii shall be 28' inside and 48' outside radius.
39. Insure that all yet undeveloped parcels are maintained free of
combustible vegetation per 1103.2.4 of the UFC.
40. If the development is planning a pressure urban irrigation system
that will be owned, operated and maintained by the Irrigation
District, then applicant shall coordinate with the Water
Superintendent for the District, concerning the installation of the
pressure system.
41. Fill out and return the questionnaire to initiate the process of
contractual agreements between the owner or developer and the
Irrigation District for the ownership, operation and maintenance
of the pressure urban irrigation system.
42. Based upon the testimony at the hearing, and the widely
recognized need for infrastructure improvements in the North
Meridian Planning Area sooner, rather than later, espedally as it
respects to large developments, the Owner/Developer, as
condition of anneXation and zoning, shall participate in the
negotiations with Ada County Highway District, and shall
become a party to any eventual agreements worked out by the
Developer/ACHD Group. -
Therefore, as a condition of annexation, and as a condition of the
Development Agreement. Applicant shall participate in any road
infrastructure in the North Meridian Planning Area agreements
negotiated with ACHD and shall faithfully perform the terms of
such agreement or agreements.
43. Owner and Developer agree that at the time the annexation was
approved. sewer service is not yet available for the annexed
property. Owner and Developer agree thauhey hereby waive any
and all causes of action against the City regarding the availability
or unavailability of sewer service. No building permits will be
issued until the proposed sewer trunk line has been built and
DEVELOPMENT AGREEMENT (AZ.Ol.012) - 10
connected to the City's Wastewater Treatment Plan.
7. COMPLIANCE PERIOD I CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Owners"
and "Developer" or "Owners" and "Developer"'s heirs) successors, assigns, to
comply with Section 6 entitled "Conditions Governing Development" of
subject "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.e. I 67-6509, or any subsequent
amendments or recodifications thereof.
. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owners" and "Developer" consent upon default to the de-
annexation andlor a reversal of the zoning designation of the "Property"
subject to and conditioned upon the following conditions precedent to-wit:
S.1 That the "City" provide written notice of any failure to
comply with this Agreement to "Owners" and "Developer"
and if the "Owners" and "Developer" fails to cure such
failure within six (6) months of such notice.
9. INSPECTION: "Owners" and "Developer" shall, immediately
upon completion of any portion or the entirety of said development of the
"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 "Owners" and "Developer", "Owners" and
"Developer"'s heirs, successors, assigns, or subsequent
owners of the "Property" or any other person acquiring an
interest in the "Property", fail to faithfully comply with all
DEVELOPMENT AGREEMENT (AZ-OI-012) - 11
of the terms and conditions included in this Agreement in
connection with the "Propeny", 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 "Owners" and
"Developer" 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 "Owners" and "Developer"'s cost, and submit proof of such
recording to "Owners" and "Developer", prior to the third reading of the
Meridian Zoning Ordinance in connection with the annexation and zoning of
the "Property" by the City Council. If for any reason aher 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 "Owners" and "Developer", or by
any successor or successors in title or by the assigns of the panies hereto.
Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance of the covenants, agr,eements, conditions, and
obligations contained herein. '
13.1 In the' event of a material breach of this Agreement, the
parties agree that "City" and "Owners" and "Developer"
shall have thirty (30) days after delivery of notice of said
breach to correct the same prior to the non-breaching
party's seeking of any remedy provided for herein;
DEVELOPMENT AGREEMENT (AZ-Ol-012) - 12
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" and "Developer"
or "City" is delayed for causes which are beyond the
reasonable control of the pany 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 '1245-3, to insure that
installation of the improvements, which the "Owners" and "Developer" agrees
to provide, if required by the "city".
15. CERTIFICATE OF OCCUPANCY: The "Owners" and
"Developer" agrees that no Cenificates of Occupancy will be issued until all
improvements are completed, unless the "City" and "Owners" and "Developer"
have entered into an addendum agreement stating when the improvements will
be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not
been installed, completed, and accepted by the "City".
16., ABIDE BY ALL CITY ORDINANCES: That "Owners" and
"Developer" agrees to abide by all ordinances of the City of Meridian and the
"Property" shall be subject to de.annexation if the owner or his assigns, heirs,
or successors shall not meet the conditions contained in the Findings of Fact
DEVELOPMENT AGREENIENT (AZ-0l.012) - 13
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 cenified
mail, postage prepaid. return receipt requested, addressed as follows:
CITY:
OWNERS:
c/o City Engineer
City of Meridian
. 600 E. Watenower. Suite 200
Meridian. 10 83642
McBimey Property Trust
1162 Bentoak Lane
San Jose. California 95129-3104
with copy to:
DEVELOPER:
City Clerk
City of Meridian
600 E. Watertower. Suite 200
Meridian,ID 83642
G.L. Voigt Development
1908 E. Jennie Lee Drive
Idaho Falls. Idaho 83404
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. ATIORNEY 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 detennined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall swvive any default, termination or forfeiture of this
Agreement.
19. TIME IS OF THE ESSENCE: The pariies hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
teon, condition and provision hereof, and that the failure to timely perform
DEVELOPMENT AGREEMENT (AZ-OI-012) - 14
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 panies' 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 "Owners" and "Developer", to execute appropriate and recordable
evidence of tennination of this Agreement if "City", in its sole and reasonable
discretion, had detennined that "Owners" and "Developer" has fully performed
its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the irivalidity thereof shall not
affect any of the other provis'ions contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owners"
and '''Developer'' and "City" relative to the subject matter hereof, and there are
no promises, agreements, conditions or understanding, either oral or written,
express or implied, between "Owners" and "Developer" and "City", other than
as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, 'With respect to "City", to
a duly adopted ordinance ,or resolution of "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
DEVELOPMENT AOREElVIENT CAZ-OI-OI2) - IS
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 Gerk.
DEVELOPMENT AGREEMENT (AZ-Ol.0l2) - 16
,or.
~
h
.,..
..;
ACKNOWLEDGMENTS
,
IN WITNESS WHEREOF. the parties have herein executed this
.-- , agreement and made it effective as hereinabove provided.
MCBIRNEY PROPERTY TRUST
u/tJa dated January 1. 1985, OWNER
w. ~~\d1~~
BY: W. Robert McBimey. Jr.
Trustee
G. L. VOIGT DEVELOPlvfENT,
DEVELOPER
Attest:
BY:
n;,pr, v~tllJ1 a~ c-AAc.c.:t ,
5-7-() 2-
DEVELOPMENT AGREEMENT (AZ-OI-012) ~ 11
..
.
..,
STATE OF CALIFORNIA )
ss:
County of Santa Clara )
On this .). day offi" 1/ / . 2002 before me, .
<'personally appeared W. Robert McBimey, Jr., Trustee of
the McBirney Property Trust, Urr/A dated January I, 1985, known or identified to me to
be the person whose name is subscribed to the within instrument as Trustee, and
acknowledged to me that he executed the same as Trustee on behalf of the aforenamed
Trust
j--#~MA/
NotaI)' Public for 1..1 n 1 c) ~ -/u, " /"f'
My commission expires: Vd if (I 3--"u
~.- - - - ;~O;Y.~I~~ - J
commission' lZXJl25 ~
$ NotCIV Public ~ CcdIfcrnIa !
:Ie Santa C1ara County I
! = _ _ ~~~~o:~~
(SEAL)
STATE OF IDAHO )
:ss
County of Ada )
On this 2gtk day of /'A A- ~c...., . 2002, before me, j1eq (;)tft IC. Ut ~ CI-'
. personally appeared GJ/).I' ,. VOle" am::- ...
known or identified to me to be the Pilei ,If)~ ___ of
O.L. Voigt Development Tli1speRvKy, and the personl':who executed the instrument and "
acknowledged to me that they have executed the same on behalf of said 0:1. V oi "1........,
Development. ' ~\\y 1(. 8~"~
'1".. ~\
OT t_ \ '2.. .;..,
or (I '..J ~-:.
~: , ?:
l
(SEAL)
DEVELOPMENT AGREEMENT (Az.OI-OI2) - 18
.'
.'
-...~
STATE OF IDAHO )
;ss
County of Ada )
~' ,
On this "l day of ?YL ~ . 2002, before me, a NotaIy Public,
personally appeared Robert D. Corrie and lam G. Berg. known or identified to me to
be the Mayor and Clerk respectively of the City of Meridian. who executed the
instrument on behalf of said City. and acknowledged to me that such City executed the
same. 2h Awu.~c/t0
.....N~~... NOtary~iIdahO
:~.'l:i:-OT~ ~~ My Commission expires: 0'/-).,g-05
(SEAL) ., .
. r _
· l . .
~ \ 1 :
....~f!Af:.4>.l
..~0Pl12tT..
.......
DEVELOPMENT AGREEMENT (AZ..oI-012) . 19
EXlDBIT A
;Legal Description Of PrODerty
A parcel of land located in the SW % of Section 31.
Township 4 North, Range 1 East, the 5B % of Section 36.
Township 4 North. Range 1 West, and the NW Y.. of
Section 6, Township 3 No~ Range 1 East, Boise
Meridian; Ada County, Idaho; being more particularly
described as follows: '
Commencing at the southwest comer of the SW Yo. of
Section 31. Township 4 North. Range 1 East, Boise
Meridian, the REAL POINT OF BEGINNING of this
description;
Thence N 89035'39" W 25.00 feet to a point on the west
right-of-way line of Meridian Road;
Thence N 00050'16" E 1919.33 feet along said west right-
of-way to a point;
Thence S 8~35'39" E 1655.04 feet to a point;
Thence S 00050'16" W 1964.33 feet to a point on the south
right-of-way line of Ustick Road;
Along said south right-of-way;
Thence N 59035'39" W 538.34 feet to a point;
Thence N 00050'16" E 20.00 feet to a point;
Thence N 89035'39" W 1091.70 feet to a point on the west
line of the NW % of Section 6, Township 3 North, Range 1
East, Boise Meridian; ,
Leaving said south right..of-way;
Thence N 00050'16" E 25.00 feet to the REAL POINT OF
BEGINNING oftbis description. said parcel comprising
74.10 acres, more or less.
DEVELOPMENT AGREEMENT (AZ..oI-012) - 20
EXHIBIT B
Findines of Face and Conclusions ofLaw/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-OI-012) .21
BEFORE THE MERIDIAN CITY COUNCIL
IN THE l\1ATTER OF THE )
APPLICATION OF G.L. VOIGT )
DEVELOPMENT THE )
APPUCATIONFOR )
, ANNEXATION AND ZONING )
OF 70.72 ACRES FOR )
SUNDANCE SUBDIVisION, )
LOCATED AT THE )
NORTHEAST CORNER OF E. )
USTICI< ROAD AND N. )
MERIDIAN ROAD, MERIDIAN, )
IDAHO )
)
CJC 02-19-02
Case No. A.z.OI-OI2
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
, DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on for
public hearing on November 20,2001, and continued until February 19,2002, at the
hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, and Steve
Arnold with Briggs Engineering, 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 I;>ecision and Order:
FINDINGS OF FACT'
1. There has been 'compliance with all notice and hearing requirements set
FINDINGS OF FACT AND CONCLUSIONS OF LAW -' Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ.01-012)
forth in Idaho Code 55 67..6509 and 67.6511, and Mepdian Ci ty Code M 11-15~ 5
and 11..16.1.
2. The City Council takes judicial notice of its 'zoning, subdivisions and
development ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance Establishing the Impact Area Boundary.
3. The property which is the subject to the application for annexation and
zo~ng is described in the application, and is approximately 70.72 acres in size, is
located at the northeast comer of E. Ustick Road and N. Meridian Road, all within
the Area of Impact of the City of Meridian and the Meridian Urban Service Planning
Area.
4. The owner of record of the subject property is the McBimey Property
Trust of San Jose, California; and the applicant is G.L. Voigt Development of Idaho
Falls, Idaho.
5. The property is presently zoned by Ada County as RT, and consists of
agricultural ground.
6. The Applicant requests the property be zon~d as R.8, with the intent to
develop 214 single family lots and 23 common lots. 4 office lots a~d a park, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPliCATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ..Ol..012)
designates the subject property as Single Family Residential.
7. The subject propeny is bordered to the nOM,' east and west by
agricultural land and single family residences, by Eastbrook Village Subdivision to the
South and city limits of the City of Meridian are adjacent and abut to the west and
south of the subject property.
8. There are no significant or scenic features of major importance that
affect the consideration of this application.
9. Giving due consideration to the comment 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:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1. 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 shall be approved by the
appropriate irrigation/drainage district. or lateral users association, with
written confirmation of said approval submitted to the Public Works
Depanment.
2. Any existing domestic wells and/or septic sy~tems within this project
shall be removed from their domestic service per City Ordinance Section
9-1.4 and 9-4-8. Wells may be used for non-domestic purposes such as
landscape irrigadon.
FINDINGS OF FAcr AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
. FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ~Ol-012)
3. 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 II-13-4.C. and 12-S-2.M.
4. Two-hundred-fifty- and 100-watt. high-pressure sodium streetlights shall
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.
5. 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 conunerciaI lots. .All site drainage shall be contained and disposed
of on-site. . .
6. Off-street parking shall be provided in the proposed future commercial
lots in accordance with the City of Meridian Ordinance 11-13 for use of
property.
7. All signage in the proposed future conunercial lots shall be in accordance
with the standards set forth in Section 11-14 of the City of Meridian
, Zoning and Development Ordinance. No temporary signage. flags.
banners or flashing signs shall be pennitted.
8. Provide five-foot-,vide sidewalks in accordance with City Ordinance
Section 12~5-2.K
9. All construction shall conform to the requirements of the Americans
with Disabilities Act.
10. Applicant shall be required to enter into a' Deyelopment Agreement with
the City as a condition of annexation.
11. Meridian City Ordinance 12-6 sets forth the requirements for Planned
Developments. Any conditions attached to a Final Development Plan
for Planned Development projects nm with the land and shall not lapse
or be waived as the result of any 5ubsequen~ change in ten,ancy or
ownership.
12. A condition of the Development Agreement shall be that any proposed
uses other than an office use on Lots 45, 47,49 and 50, Block 7 shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ~Ol~012)
require a CUP. The office uses are allowed under the Planned
Development process and would not require a CUP if constructed in
accordance with an approved CUP site plan and plat.
13. Due to the single-family uses abutting the boundaries of Lots 45, 47
and 49, Block 7 (proposed as future office use), a minimum 20.foot
planting strip, in accordance with City Ordinance I2.4~ 7 A., is required
along the property lines of these three lots and shall be a condition
attached to this property in the Development Agreement.
Adopt ttLe Recommendations of the ACHD as follows:
14. Dedicate 48-feet of right-oE-way from the centerline of Ustick Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required pennits), whichever occurs fIrst.
IS. Dedicate 48-feet of right-oE-way from the centerline of Meridian Road
abutting the parcel by means of recordation bf a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first.
16. Construct the main entrance off Ustick Road, located approximately
900-feet east of the west property line, as proposed. Construct the main
entrance with one inbound segment 21-feet, and construct the
outbound segment with two lanes, approximately 29-feet wide. The
median shall be constructed a minimum of 4~feet wide to total a
minimum of a lOO-square foot area. The applicant shall be required to
dedicate sufficient right-of-way for the street section plus the additional
width of the median.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ"OI-OI2)
17. Construct a center turn lane on Ustick Road for the main
entrance/Ustick Road intersection. Provide a minimum of IOO.feet of
storage ~th shadow tapers for both the approach and departure
directions. Coordinate the design of the turn lane with District staff.
'18. Construct a 5..foot wide concrete sidewalk on Ustick Road located two.
feet within the new right.of..way. Coordinate the location and elevation
of the sidewalk 'with District staff.
I 9. Const~ct a 24 to 30..foot wide driveway on Us tick Road, located 420-
feet east of Meridian Road. Pave the driveway its full width and at least
30-feet into the site beyond the edge of pavement of Ustick Road and
install pavement tapers with IS.foot radii abutting the existing roadway
edge.
20. Construct the main entrance off Meridian Road, located approximately
I,300.feet north of the south property line, as proposed. Verify that the
entrance is offset a minimwn of 125.feet from the proposed main
entrance to Cedar Springs Subdivision on 'the west side of Meridian
Road. Design the main entrance with a 2 I-foot street section for the
inbound segment and construct the outbound segment with two lanes,
approximately 29.feet wide. The median shall be constructed a
minimum of 4.feet wide to total a minimum of a lOO..square foot area.
Dedicate sufficient right-of-way for the street section plus the
additional width of the median.
21. Construct a center turn lane on Meridian Road for the main
entrance/Meridian Road intersection to provide a minimum of 100-feet
of storage with shadow tapers for both the approach and departure
directions. Coordinate the design of the turn lane with District staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-O 1.0 12) ,
22. Construct a 24 to 30~foot wide driveway on Meridian Road, located
44Q..feet north of Ustick Road. Pave the driveway its full width and at
least 30~feet into the site beyond the edge of pavement of Meridian
Road and install pavement tapers with I5-foot radii abutting the
existing roadway edge.
23. Construct a 5~foot wide concrete sidewalk on Meridian Road located
two.feet within the new right~of~way. Coordinate the location and
elevation of the sidewalk with District staff.
24. Broadwater Way shall be designated as a residential collector street with
no front-on housing, because the antidpated traffic volumes will exceed
1,000 vehicle trips per day. The access restrictions for these street
segments shall be stated on the final plat. District policy requires that
these street segments be constructed as 36~toot street sections with
curb, gutter and 5..foot wide concrete sidewalks. Parking shall be
prohibited on these street segments. Coordinate the signage plan with
District staff. .
25. Unless otherwise approved, constrUct all public roads within the
subdivision as 36..foot street sections with curb, gutter, and 5~foot wide
concrete sidewalks within 50-feet of right-of-way.
26. Construct the turnarounds to provide a minimum turning radius of 45-
feet.
27. Construct a stub street to the north property line between Lot 22, Block
1, and Lot I, Block 5 as proposed. A paved temporary turnaround at
the end of the stub street is not required. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE". Coordinate the sign plan for the stub street with
District staff.
28. Construct a stub street to the east property line between Lot 13, Block
S, and Lot 48, Block 10 as proposed. A paved temporary turnaround at
the end of the stub street is not required. Install a sign at the tenninus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FtITURE". Coordinate the sign plan for the stub street with
District staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-OI-O 12)
29. Provide a $30,000 deposit to the Public Rights-of-Way Trust Fund for
the cost of constructing oneooquarter of the traffic signal at the
intersection of Ustick Road and Meridian Road.
30. Any proposed landscape islands/medians within the public right~of-way
dedicated by this plat shall be owned and maintained by a homeowners
association. Notes of this shall be required on the final plat.
31. Relocate any irrigation facilities or utilities outside of the new right~of-
way on Ustick Road or Meridian Road.
32. Except for one approved driveway on Ustick Ro~d, and one approved
driveway on Meridian Road, direct lot or paT~~f access to Ustick Road
or Meridian Road is prohibited. Lot access ,eStrictions, as required with
this application, shall be stated on the firtal plat. .
33. Comply with all of ACHD's Standard Requirements (9) listed within
their letter dated July 9,2001.
Adopt the Recorrunendations of the Meridian Fire Department as follows:
34. All Uniform Fire Codes shall be met.
35. That a fire-flow of 1,000 gallons per minute be available to service the
entire project. Fire hydrants shall be placed an average of 400' apart.
36. Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins.
37. Acceptance of water supply for fire protection is contingent upon
acceptance of the water system by the City of Meridian for water
quality.
38. Fire approval of fire hydrant locations shall be by the Fire Department.
Several fire hydrants shall have to be relocated.
39. All radii shall be 28' inside and 48' outside radius.
40. Insure that all yet undeveloped parcels are maintained free of
combustible vegetation per 1103.2.4 of the UFC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 8
AND DECISION AND 6RDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ~01.012)
Adopt the Recommendations of the Nampa &. Meridian Irrigation District as
~~: .
41. If the development is planning a pressure urban irrigation system that
will be mvned, operated and maintained by the Irrigation District. then
applicant shall coordinate with the Water Superintendent for the
District, concerning the installation of the pressure system.
42. Fill out and return the questionnaire to initiate the process of
contractual agreements between the owner or developer and the
Irrigation District for the ownership, operation and maintenance of the
pressure urban irrigation system.
Additionally, comply with the action of the City Council taken at their
February 19,2002 meeting as follows:
43. Based upon the testimony at the hearing, and the widely recognized
need for infrastructure improvements in the North Meridian Planning
Area sooner, rather than later, espedally as it respects to large
developments, the Owner/Developer, as condition of annexation and
zoning, shall participate in the negotiations with Ada County Highway
District, and shall become a pany to any eventual agreements worked
out by the DeveloperlACHD Group.
Therefore, as a condition of annexation, and as a condition of the
Development Agreement, Applicant shall participate in any road
infrastructure in the North Meridian Planning Area agreements
negotiated with ACHD and shall faithfully perform the terms of such
agreement or agreements.
44. There shall be a hold harmless agreement executed by the Applicant and
agreed upon by the City that the applicant shall hold the City harmless
for sewer service until it is available through the White Trunk only and
there is no risk to the City in doing the annexation at this time, and the
applicants shall have to wait until all sewer ~asements are done and
complete.
10. It is found that 'if the developer pays for the requested improvements
FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 9
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBPIVISION
(AZ~O I ~o 12)
and conlplies with the conditions set forth in these Findings of Fact No.9. and all
sub..pans. the economic welfare of the City and its residents and tax and rate payers
will be protected, a condition of anne.'Xation and zoning designation.
11. It is also found that the development considerations as referenced in
Finding No.9 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 vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future
neighboring uses. particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
12. It is found that the zoning of the subject real property as Medium
Density Residential District (R..8) requires connection to the Munidpal Water and
Sewer systems and will be compatible with the Applicant's development intentions,
and will assure that the zoning is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Single Family
Residential.
,.
13. The subject annexation request 'and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ..01..012)
Plan of the City as follows:
Land Use Chapter
lAU
Transponation Chapter
1.9U
Parks Chapter
S.l.e.
Commw1ity Design Chapter
4.4U
15. The property can be physically serviced,with City water.
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 S ll~I6 provides the City may
annex real p'ropeny that is within the Meridian Urban Service Plarming 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 auth,?rity and responsibility as
provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ.Ol.012) , ,
December 21. 1993, Ord. No. 629.1anuary 4,1994.
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.A Goals 1 through 10, inclusive.
5. The zoning of Medium Density Residential District (R-S) is defined in
the Zoning Ordinance at ~ 11-7-2 D as follows:
(R.B) Medium Density Residential District: The purpose of the R-B District
is to pennit 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.
7. Since the annecation and zoning oEland is a'legislative function, the City
has authority to place conditions upon the annexation of land. See Burt vs. The City of
Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
B. The development of the annexed land, if am1exed~ shall meet and comply
with the Ordinances of the City of Meridian including., but not limited to: Section 12-2-
4 which pertains to development time schedules and requirements; Section 12-4~13.
which,pertains to the piping of ditches; and Section 12-5~2 N, which pertains 'to
presslQized irrigation systems, and Zoning and Subdivision and Development Ordinance
of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 12
AND DECISION AND ORDER GRANTING APPLICATION
- FOR ANNEXATION AND ZONINGlSUNDANCE SUBDIVISION
(AZ-OI-OI2)
9. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance
the o'wner and/or developer shall enter into a Development Agreement, if such is
required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON TIlE .ABOVE AND FOREGOING
FINDINGS OF FACT AND.CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1. The applicant's request for annexation and zoning of approximately 70.72
acres in size and zoned Medium Density Residential District (R-8) is granted subject to
the tenns and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 70.72 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to met the conditions set forth and in the
event the conditions herein are not met by the Developer that the propeny shall be
subject to de-annexation, with the City of Meridian, whi~h provides for the following
conditions of development, to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPUCATION
FOR.ANNEXATION AND ZONINGlSUNDANCE SUBDIVISION
(AZ-O 1-0 12)
as follows:
1. 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 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.
2. Any existing domestic wells and/or septic systems within this project
shall 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.
3. Outside lighting shall be designed and placed so as not to direct
illwnination on any nearby residential areas and in accordance with
City Ordinance Sections 11-13-4.C. and 12-5-2.M.
4. Two-hundred-fifty- and IOO-watt, high-pressure sodium streetlights shall
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.
5. 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. Off-street parking shall be provided in the proposed future commercial
lots in accordance with the City of Meridian Ordinance 11.13 for use of
property.
7. All signage in the proposed future commercial lots shaH be in accordance
with the standards set forth in Section 11.14 of the City of Meridian
Zoning and Development Ordinance. No temporary signage, flags,
banners or flashing signs shall be permitted.'
8. Provide five-foot-wide sidewalks in accordance with qty Ordinance
Section 12-5-2.K
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-OI-012)
9. All construction shall conform to the requirements of the Americans
with Disabilities Act.
10. Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
11. Meridian City Ordinance 12-6 sets forth the requirements for Planned
Developments. Any conditions attached to a Final Development Plan
for Planned Development projects run with the land and shall not lapse
or be waived as the result of any subsequent change in tenancy or
ownership.
12. A condition of the Development Agreement sl1al1 be that any proposed
uses other than an office use on Lots 45,47,49 and 50, Block 7 shall
require a CUP. The office uses are allowed under the Planned
Development process and would not require a CUP if constructed in
accordance with an approved CUP site plan and plat.
13. Due to the single~family uses abutting the boundaries of Lots 45, 47
and 49, Block 7 (proposed as future office uS.e). a minimum 20~foot
planting strip, in accordance with City Ordinance 12-4~7 .A. I is required
along the propeny lines of these three lots and shall be a condition
attached to this property in the Development Agreement.
Adopt the Recommendations of the ACHD as follows:
14. . Dedicate 4B.feet of right~of.way from the centerline of Ustick Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building pennit (or
other required permits), whichever occurs first.
15. Dedicate 48-feet of right-of~way from the centerline of Meridian Road
abutting the parcel by means of recordation of a final subdivision pl~t or
execution of a warranty deed prior to issuance of a building pennit (or
other required permits), whichever occurs first.
16. Construct the main entrance offUstick Road,.located approximately
900.feet east of the west property line, as proposed. Construct the main
entrance with on~ inbound segment 21.feet, and construct the
outbound segment with two lanes, approximately 29wfeet wide. The
median shall be 'constructed a minimwn of 4.feet wide to total a
FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ~Ol-012)
minimum of a 1 DO-square foot area. The' applicant shall be required to
dedicate sufficient right-of-way for the street section plus the additional
width of ~e median. -
17. Construct a center turn lane on Ustick Road for the main
emrance!Ustlck Road intersection. Provide 'a minimum of 100-feet of
storage with shadow tapers for both the approach and departure
directions. Coordinate the design of the turn lane with District staff.
18. Construct a 5-foot wide concrete sidewalk on Ustick Road located two-
feet within the new right-oE-way. Coordinate the location and elevation
of the sidewalk with District staff.
19. Construct a 24 to 3D-foot wid~ driveway on Us tick Road, located 420-
feet east of Meridian Road. Pave the driveway its full width and at least
30-feet into the site beyond the edge of pavement of Ustick Road and
install pavement tapers with IS-foot radii abutting the existing roadway
edge.
20. Construct the main entrance off Meridian Road, located approximately
I,300-feet north of the south property lix:te, as proposed. Verify that the
entrance is offset a minimum of 125-feet from the proposed main
entrance to Cedar Springs Subdivision on the west side of Meridian
Road. Design the main entrance with a 21.[00t street section for the
inbound segment and construct the outbound segme'nt with two lanes,
approximately 29-feet wide. The median shall be constructed a
minimum of 4-feet wide to total a minimum ,of a 100-square foot area.
Dedicate sufficient right-of-way for the street section plus the
additional width of the median.
21. Construct a center turn lane on Meridian Road for the main
entrance/Meridian Road intersection to provide a minimum of 1 DO-feet
of storage with shadow tapers for both the approach and departure
directions. Coordinate the design of the turri lane with District staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-O 1-0 12)
22. ConstruCt a 24 to 3D-foot 'Wide driveway on Meridian Road, located
440..feet nOM of Us tick Road. Pave the driveway its full width and at
least 3D-feet into the site beyond the edge of pavement of Meridian
Road and install pavement tapers with IS-foot radii abutting the
existing roadway edge.
23. Construct a S-foot wide concrete sidewalk on Meridian Road located
two-feet within the new right-of-way. Coordinate the location and
elevation of the sidewalk with District staJf. -.
24. Broadwater Way shall be designated as a residential collector street with,
no front-on housing. because the anticipated traffic volumes will exceed
1,000 vehicle trips per day. The access restrictions for these street
segments shall be stated on the final plat. District policy requires that
these street segments be constructed as 36-fbot street sections with
curb, gutter and 5-foot wide conc:rete sidewalks. Parking shall be
prohibited on these street segments. Coordinate the signage plan with
District staff.
2S. Unless otherwise approved, construct all public roads within the
subdivision as 36..foot street sections with curb, gutter. and 5-foot wide
concrete sidewalks within 50-feet of right-of-way.
26. Construct the turnarounds to provide a minimum turning radius of 45-
feet.
27. Construct a stub street to the north property line between Lot 22, Block
I, and Lot I, Block 5 as proposed. A paved temporary turnaround at
the end of the stub street is not required. Install a sign at the terminus
of the roadway stating that, ''THIS ROAD WILL BE EXTENDED IN
THE FUTURE". Coordinate the sign plan for the stub street with
District staff. '
28. Construct a stub street to the east property line between Lot 13, Block
5, and Lot 48, Block 10 as proposed. A paved temporary turnaround at
the end of the stub street is not required. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE". Coordinate the sign plan for the stub street with
District staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPliCATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-OI-012) ,
29. Provide a $30,000 deposit to the Public Rights-of-Way Trust Fund for
the cost ,of constructing one-quarter of the traffic signal at the
intersection of Ustick Road and Meridian Road.
30. Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat shall be owned and maintained by a homeowners
association. Notes of this shall be required on the final plat.
31. Relocate any irrigation facilities or utilities outside of the new right-of-
way, on Ustick Road or Meridian Road.
32. Except for one approved driveway on Us tick Road, and one approved
driveway on Meridian Road, direct lot or parcel access to Ustick Road
or Meridian Road is prohibited. Lot access restrictions, as required with
this application, shall be stated on the final plat.
33. Comply with all of ACHD's Standard Requirements (9) listed within
their letter dated July 9,2001.
Adopt the Reconunendations of the Meridian Fire Department as follows:
34. All Uniform Fire Codes shall be met.
35. That a fire-flow of 1,000 gallons per minute be available to service the
entire project. Fire hydrants shall be placed an average of 400' apart.
36. Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins.
37. Acceptance of water supply for fire protection is contingent upon
acceptance of the water system by the City of Meridian for water
quality.
38. Fire approval of fire hydrant locations shall be by the Fire Department.
Several fire hydrants shall have to be relocated.
39. All radii shall be 28' inside and 48' outside radius.
40. Insure that all y~t undeveloped parcels are maintained free of
combustible vegetation per 11 03.2.4 of the UFC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FO,R ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-Ol-OI2)
Adopt the Recommendations of the Nampa & Meridian Irrigation District as'
follows:
41. If the development is planning a pressure urban irrigation system that
will be owned, operated and maintained by the Irrigation District, then
applicant shall coordinate with the Water Superintendent for the
District, concerning the installation of the pressure system.
42. Fill out and {etum the questionnaire to Wtiate the process of
contractual agreements between the owner or developer and the
Irrigation District for the ownership, operation and maintenance of the
pressure urban irrigation system.
Additionally, comply with the action of the City Council taken at their
February 19, 2002 meeting as follows:
43. Based upon the testimony at the hearing, and the widely recognized
need for infrastrUcture improvements in the North Meridian Planning
Area sooner, rather than later, especially as it respects to large
developments, the Owner/Developer, as condition of annexation and
zoning. shall participate in the negotiations with Ada County Highway
District, and shall become a pany to any eventual agreements worked
out by the DeveloperJACHD Group. .
Therefore, as a condition of annexation, and as a condition of the
Development Agreement, Applicant shall participate in any road
infrastructure in the NOM Meridian Planning Area agreements
negotiated with ACHD and shall faithfully perfonn the teuns of such
agreement or agreements.
44. There shall be a hold harmless agreement executed by the Applicant and"
agreed upon by the City that the applicant shall hold the City hannless
for sewer service until it is available through the White Trunk only and
there is no risk to the City in doing the annexation at this time, and the
applicants shall have to wait until all sewer easements are done and
complete. .
4. The City Attorn~y shall prepare for consideration by the City Council
FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FORJ\NNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ~Ol~012)
the appropriate ordinance for the annexation and zoning designation of the real property
which is the subject of the 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
approp~ate mapping changes of the official boundaries and zoning maps as provided in
Meridian City Code S 11..21..1 in accordance with the provisions of the annexation and
zoning ordinance.
NOTICE OF FmALACllON
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code ti 67-6521 an affected person is a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the annexation and zoning and who may within twenty~eight (28) days after the date
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 meeting held on the
5~
day
of
/llR/l-M--
,2002.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ..OI..012)
'",. .
COUNCILWOMAN TAMMY deWEERD
VOTED~
COUNCILWOMAN CHERIE Me CANDLESS
VOTED~
COUNCILNlAN WILLIAM L.M. NARY
VOTED~4.-
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: .s-~-O 2...
VOTED -
MOTION: ~
APPROVE~ - nISAP.!'ROVED:
Copy served upon Applicant, the Planning and Zoning Depanment, Public Warks
Department and the City Attorney.
BY"dI~/;~() Dated: 3---5"-t/2-
City Clerk r
FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-Ol~012)
""'fM!:
cMe~7di~it
,;.,
.,(1<'.
. C}~i'y')~..,.
-If {iftll~ TnE::i\SI_:rU:. y,'\l..l..E-'"
MAYOR
Tammy de Weerd
CIIT COUNCIL MEMBERS
Keith Bird
Joseph W. Borton
Charles M. Rountree
Shaun Wardle
-CIIT DEPARTMENTS
City Attorney/I-IR
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
./
HEGEIVED
JUL 3 1 200&
IDAHO
SINCE
1903
July 27,2006
Tim Mokwa
Toothman-Orton
9777 Chinden Blvd.
Boise, Idaho 83714
RE: Preliminary Plat Approval: Sundance Subdivision NO.5 (PP-06:914)
Dear Mr. Mokwa:
This letter is to confirm that the City of Meridian's City Council approved the
Preliminary Plat application for the subject property at their July 18, 2006
meeting. Per Unified Development Code 11-6B-7, approval of a preliminary
plat, combined preliminary plat and final plat, or short plat shall become null
and void if the applicant fails to record a final plat within two (2) years of the
approval of the preliminary plat or one (1) year of the combined preliminary
and final plat or short plat.
Any request for an extension must be filed with the Planning Director prior to
the termination of the period in accord with 11-6B-7 A of this section; the
Director may authorize a single extension of time to record the final plat not
to exceed eighteen (18) months. Additional time extensions up to eighteen
(18) months as determined and approved by the City Council may be granted.
The applicant, Director, or a party of record may appeal this decision or a
condition of approval by requesting City Council review of this decision. All
requests shall be filed in writing with the Planning Department within fifteen
(15) days of the date of this letter and comply with the provisions of UDC 11-
5A-6B.
~~
Anna Borchers Canning, AICP
Planning Director
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK - FAX 888A218 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119
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