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Home My WebLink AboutValeri Heights Sub tf~~ ....11 .j ._~ . :. a~ . . ~ ~ ~ ;T. ~ Il~ ~ ;~ .'j . NOTICE x ~. This facsimile is: intend.ed only for the person whose IUDne .p~ars above- If you hINt! t'@rCeived it in l!!ITor please telephone the sender immfidiately at (208) 286-0929.. ... .. .. ~~ !fl.. a'll ::i1I ~ ~ 'fI~~" :::-~ ~ :!: ~ ~ ....11 ., ~+: "..;. ffi . y ~ ~~ 'II ~"I.( ~ Ii ,~,) rn . ;~ ~ . ~ Paragraph 10, It should p~ t-il.. ~ds: requiIed you truly yours, \ VVildwood cc: Oient(S)i ~ :=::i fi ~-: iJ;l. . ~ ~:I ttl 6 of this agreement... a matters. (r. ~ " II ~~~ :~ ~~ ~ ... pHCJt\E NO. 208 343 3756 Nov. 20 2000 02: 45PM P2 t. ~.:..5tlSan Wildwood, Chartered ,: Attorney-At-Law Post Offiu Bo% 6502 Boise, Idaho 83707 O/fic~ (208) .383-0390 EIl% (208) 343~3756 l~ TRANSMITTED BY F AC:SIMILE - 288-2501 ::); November 20, 2000 William F. Nichols White Peterson Morrow Gigray ~ Rossman Ny~ &; Rossman., P..A: P.O. Box 1150 Meri~ ID 83689-1150 ~.::~ RE: Modifications to Development Agreement re.Yaleri Heights ;~ Dear Bill, Here are the proposed corrections for the Development Agreem.ent These changes seem vexy minor. Call if questions. Applicant is Gold River Companies, Inc. rather than Vic~i Welker. Please delete ~: name in the following paragraphs: fl. '! "S "::~} .:",: Introductory paragraph, page 1 Paragdph 3.2, page 3 Paragraph 16, page 11 DEVELOPER Paragraph ACI<l\JOWLEDGEMENTS, page 14 I! ~(: ,.~ 't.:~ :'. :fI ,~:"~ Paragraph ATTEST, pagJ14 should read Valeri Killian rather than Diana ~~ This same change should also be made in the Notary Block to, Gold Ri~ c;:mP~' ~~~~. ,/ ;" If ,"".,.. ~ ~i:~ '..'!! Ojj ~L "': , ,:". ." Pl!tragcaph 5.3~ Page 7, third line from the ,; ottom, reads: '/c ~.I- ~~ jI :. il lfj 'L'~~ ~; .....in the L-O zone with a conditional use. The CU-permitted...." ~:f ..~r' It should read: .....in the L-O zone wit:'hQui a conditional use. The CD-permitted.. ." :-i-,= Paragrap.h 6, page 8, fourth line from the top reads: _..assigns/ to comply with Sections 6 entitl.ed.... ,'"J-WI Tj.'~" .'. i~ ::'"~.~. It should read~ ,lp.: .. . assigns, to comply with 5eGtions 5., entitled... w ,.... .if ..'".", ~'.I"'~ , " ..,.... ..-....."71 I . (A '. i2~:' ,>.,Y. :~ ~ ~ .. p~ NO. 208 343 3756 Nov. 20 ~ 02:46PM P3 o ~>iif-; ..vember 20, 2000 ,. ,.:..:::.,: Page 2 ~ ti k J'~ "". - rap~ 14, page 10, last line reads: .. .improven\ents required in s~tion 6 of this agreement · · .. .improvements required in section 5JJ of this agreement... Thank you again for your assistanCE! in these matters. .:.. ,.~ :i.... ": \ Susan VVildwood cc: Oient(s)i file jj.~ ~L~ ~~ 1.!!: $ ~ ;~ :'iir ~..-:t.:": ,:jJ :j..!b.~ ~..: Marlene St. George From: Sent: To: Subject: Shari Stiles [stiless@cLmeridian.id.us] Tuesday, November 28, 2000 5:54 PM Marlene S1. George (E-mail) Valeri Heights Development Agreement The language for 5..3 should remain as youu have it. The idea is to prohibit, outright, uses that may be allowed under the conditional use permit process. The Development Agreement needs to specifically prohibit the following uses: ~, Bars, alcoholic establishments Convenience stores Drive-in theaters, drive-in establishments Hotels Motels Outdoor storage facilities Including the above as prohibited uses through the development agreement will prevent future owners from simply buying the property and applying for conditional use permits. Thanks, Marlene! ~ II ~ . ''- '('ii '.!! is ;:>. 1~~. . ~t ,uc;~ I) !!..: Mayo:r, Council aii~ P&Z March 9,2000 Page 2 (9: ~ ~? SURROUNDING PROPERTIES t:; ,-,' North - Thunder Creek Subdivision (20 single-family homes platted in 1998). Zoned R-4 (Meridian). .. ... Four homes abut the north property lines of the proposed site. South ~ Immediately across W. Pine are several County parcels with single family homes zoned RT. The U.P.R.R. spur lies approximately 950 feet south on Ten Mile Road. The recently constructed Access Mini Storage complex is just south of the railroad tracks on the west side ofTen Mile. East - A private road, Can-De.e Lane, is adjacent to the east boundary. A single family home is situated on the ea~$ end of th~ parceL ,. West - Single family home on a 5.6 acre parcel zoned RT in Ada County. ~J ~,. :. ANNEXATION & ZONING , . 1. The legal descriptions submitted for annexation (one each for the requested L-O and R-15 zones) appear to meet the requirements of the Idaho State Tax Commission and the :(:ity of Meridian. Approved copies of the legal description~ haye been sent to the City Attorney's Office for their use in the preparation of an ordinance. ,j~ jii. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral u~ers association, with written confirmation of said approval submitted to the Public Works Denartment. No variances have been requested for tiling of any ditches crossing this project. 4. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement should address, among other things, specific landscape/connnon area requirements, any height limitations, right-of-way dedication prior to SU~ ." .." ,fm.;..lmi. "t" '.. iGJ. .~.. u1l!ro,., .a, d~Y~lp ment agreemen~ . ;:.. i<. Valeri Heights PD.AZ.CUP.PP.doc ~...~: AZ..QO-006 CUP-OO-O 14 PP-OO..005 ~. t: :.{ ::,;.~ i.i.,:.,: .......~.... 1 : users association, with written confirmation of said approval submitted to the Public Works Department~ No variances have been - que~ted f?,r tiling q .. ' t.: , t... The applicapt shall address, among other things, specific landscape/common area requirements, any height limitations, right- of-way dedication prior to submitting for building permits, signage, bike lanes, etc. Restrictions shall b~ placed on the use of the proposed L-O property to prevent future application for a convenience store or other strictly commercial uses that are allowed in the L-O zone with a conditional use. The CD-permitted Bars/Alcoholic Establishments, Convenience Stores, Drive-In Theaters, Drive-In Establishments, Hotels, Motels, and Outdoor Storage Facilities,}rlthe L-O sh~l be _ rohip~t~q for this propert ':'''' . . .... : . . . 5.4 Developer shall install a center left turn lane on Pine Street, east of its intersection with Ten Mile Road. ~.. 5.5 The developer shall be required to install a traffic signal at the intersection of Ten Mile and Pine Street, additionally, an agreement between ACHD and the developer shall be necessary to assure the signal is constructed in accordance with standards. (Because of the location being the intersection of two functionally streets, the Commission may be willing to provide the signal hardware if the developer pays for the design and construction of the traffic signal. If the Commission does not approve ACHD participation, the signal shall be entirely the responsibility of the developer.) 5.6 Developer shall provide an interim all-way stop to provide additional safety during the construction of the traffic signal and the initial subdivision work. The stop sign installation shall require 36" by 3611 STOP signs and 36" by 36" STOP AHEAD signs on Ten Mile Road and north and south of Pine Street. The installation shall also require 18" by 6" ALL WAY STOP supplementary plates on the two new STOP signs and the two existing STOP signs. 5.7 All requirements within the Site Specific Requirements and Standard Requirements shall also be met from the ACHD's August 15,2000 DEVELOPMENT AGREEMENT - (AZ-OO-006) - 7 i~ t: users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 5.3 The applicant shall address, among other things, specific landscape/common area requirements, any height limitations, right- of-way dedication prior to submitting for building permits, signag~\~ bike lanes, etc. Restrictions shall be placed on the use of the proposed L-O property to prevent future application for a convenience store or other strictly commercial uses that are allowed in the L-O zone with a conditional use. The CD-permitted Bars/Alcoholic Establishments in the L-O shall be prohibited for this x property. ~.,. .~. ACHD no' ' .':- ... ~ increase in traffic over their i~. ... A .... "~count, the -"':.:.:..:0:0:. ~ r: most recent count oil'" ,"~'- x :~'"~ Road at Pineo "{ IS 8,555 vpd, which was done on 11/23/99. A. . . ..ed Pine Street traffic count is about 2,600 vpd. 5.4 ~ . ~.~ 5.5 ACHD also notes the capacity 14,500 vpd and the capac ~ .<<.:. ~. 5. , The developer shall be required to install a traffic signal at the "j intersection of Ten Mile and Pine Street, additionally, an agreement between ACHD and the developer shall be necessary to assure the signal is constructed in accordance with standards. (Because of the location being the intersection of two functionally streets, the Commission may be willing to provide the signal hardware if the developer pays for the design and construction of the traffic signal. If the Commission does not approve ACHD participation, the signal shall be entirely the responsibility of the developer.) ~ - Developer shall provide an interim all-way stop to provide additio~al Jo1f safety during the construction of the traffic signal and the initial subdivision work. The stop sign installation shall require 36" by 36" ~~ DEVELOPMENT AGREEMENT - (AZ-OO-006) - 7 ~; Marlene St.George " - From: Sent: To: Subject: Marlene St.George Wednesday, November 29,2000 8:52 AM 'stiless@ci.meridian.id .us' Valeri Heights Sub Dev Agmt Shair, I have added the following language to 5.3 in the Development Agreement, and thus, it now reads as follows: Do you approve? Is this what you were looking for? Please advise. 5.3 The applicant shall address, among other things, specific landscape/common area requirements, any =~ height limitations, right-of-way dedication prior to submitting for building permits, signage, bike lanes, etc. Restrictions shall be placed on the sue of the proposed L-Q property to prevent future application for a convenience store or other strictly commercial uses that are allowed in the L-O zone with a conditional use. The CU-permitted Bars/Alcoholic Establishments, Convenience Stores, Drive-In Theaters, Drive-In Establishments, Hotels, Motels, and Outdoor Storage Facilities, in the L-O shall be prohibited for this property. >> /~;: .',:: ~;~.< ~>' ~.~ "IIi ~ ~ =: ~~ ~~~J .I~~.y;a ~:in'h" . ... .. all ~! . ~ ADA COUNTY RECORDER .J. DAVID NAVARRO ~ if.1 ! S E. , 0 .~t H;t;) ~ ~j.\ RECORDED-REOUESrOF MERlDM1(~r fEE ~ DEPUTY - J .32fr rb 0 I 0 3 906 II ~ ,luau DE 2 8 PPf I: 2 7 ~.:: DEVELOPMENT AGREEMENT ~ :lI 11-22-00 ~:::ii ~ ~ PARTIES: I. 2. 3. City of Meridian )) David Fuller and Shirley Fuller, Owners Gold River Companies, Developer THIS DEVELOPMENT ~EMENT (this "Agreement"), is made and entered into this 5--11:- day of 't'm /;bu, 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and DAVID FULLER AND SHIRLEY FULLER, HUSBAND AND WIFE~."OWWBR.~whose address is 890 N. Ten~Mile Road, Meridian, Idaho 83642, and GOLD RIVER COMPANIES, "DEVELOPER" whose address is 2326 W. Rainwater Ct., Meridian, Idaho 83642. ~~~ 1. REClTALS: 1.1 WHEREAS, "OWNER" David Fuller and Shirley Fuller, 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 incorporatea herein as if set forth in full; and ~\ r..: ~. ~... F......, ~.. 1.2 ;, WHEREAS, I.c. s67-651IA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Developer" and "Owner" mal<e a written commitment concerning the use or development of the subject "Property"; and ':::' . 1.3 WHEREAS, "City" has exercised \ts statutory authority by the . enactment of Meridian City Code ~~ 11-7-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/o!: re- w..: zoning of land; and I ,-.gr 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a "designation of Medium High Density Residential . IC \'"t; -DEVELOPMENT AGREEMENT - (AZ-OO-006) - 1 ,. ~ i""I..... ~ ~ l;: rJ; ,~ District (R-15) and Limited Office District (L-O), (Meridian City Code) Case No. AZ-OO-006; and 1.5 WHEREAS, "Developer" has 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 aouncil, 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 ~""h day of N.ovemkaooo, has approved certain annexation and zoning Findings of Fact and Conclusions of Law and Decision and Order, Case No. AZ-OO..006,~ 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 ~". f? ~ 1.8 WHEREAS, both the "Findings" require the "Developer"/"Owner" to+enter into a development agreement before the City Council takes final action on annexation and zoning and zoning designation; and 1.9 "DEVELOPER"/"OWNER" 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 i,lnd at its urging and requests; and ~.... w 1.10 WHEREAS, "City" requires the "Developer"/"Owner" to enter into a development agreement for the purpose of ensuring that "Property" is developed, and the subsequent use of the "Property" is, in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proeeedings for annexation and zoning and re- DEVELOPMENT AGREEMENT.. (AZ-OO-006) - 2 ~'~ :Si ~ ~ ~ ~ ~ w zoning designat!.on from government subdivisions providing services within the planfting 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 Ordinance codified in Title 11, Municipal Code of the City of Meridian. ~ r::"L1; ~ NOW, THEREFORE, in consideration of the covenants and conditions set oil 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 sfction 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 '-I law of the Sta~~ of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. ~ 3.2 "DEVELOPER": means and refers to Gold River Companies, 2326 W. Rainwater Ct., Meridian, Idaho 83642, and her successors, assigns and affiliates, whose address is 2326 W. Rainwater Ct., r~~ Meridian, Idaho 83642, the party developing "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". ~)l: r;;; 3.3 "OWNER": means and refers to Owner of the property as described in Exhibit "A", David Fuller and Shirley Fuller, husband and wife, whose address is 890 N. Ten Mile Rd., Meridian, Idaho 83642, 3.4 "PROPERTY": means and refers to Property, owned by David · Fuller and Shirley Fuller, husband and wife, 890 N. Ten Mile Rd., Meridian, Idaho 83642, which is that certain parcel(s) of "Property" ~ ..-: DEVELOPMENT AGREEMENT - (AZ-OO-006) - 3 ~~ ~~ ~ '1.' :$ r. 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 and development allowed pursuant to this Agreement of the subject property shall be subject to and pursuant to those uses allowed under "City'''s Zoning Ordinance codified at Meridian City Code ~11-7-2 D which are herein specified as follows: (R-15) Medium High Density Residential District: ~ A parcel of land situated in a portion of the S 1/2 of the NWl/4 of Section II T.3N., R. IW., B.M., Ada County, Idaho and being particularly described as follows: Commencing at a brass cap marking the W 1/4 corner of said Section 11, thence along the West line of said NW 1/4 N 000?5'27" E a distance of 460.09 feet to a point from which a brass cap marking the Nw comer of said Section bears N 00025'27" E a distance of 2196.33 feet said point being the POINT OF BEGINNING; . w Thence continuing along said Section line N 00025'27" E a distance of 239.80 feet to a 5/8 inch rebar; Thence leaving said Section S 87035'23" E a distance of 507.94 feet to a 5/8 inch rebar; ~ Thence N 80040'45" E a distance of 344.45 feet to a point; ;.; Thence S 61001'27" E a distance of 14.33 feet to a point; ~Thence S 00049'03" W a distance of 739.62 feet to a 5/8 inch rebar; !. ., Thence along the South line of said NW1/4 N 89010'57" W a distance of 485.79 feet to a point; DEVELOPMENT AGREEMENT - (AZ-OO-006) - 4 ~ ~ ~ ~ i' :~ ~ ~"'I, ~ :, Thence leaving said Section line N 00049'03" E a distance of 86.04 feet to a point; Thence along the arc of a curve to the right having a radius of 100.00 feet, a central angle of 22004149", an arc length of 38.54ieet and a long chord of 38.30 feet bearing N 11051 '28" E to a point; Thence N 22053152" E a distance of 51.44 feet to a point; Thence N 67006'08" W a distance of 43.08 feet to a point; Thence N 89010'57" W a distance of 156.38 feet to a point; Thence N 00025'27" E a distanc6iof 273.96 feet to a point; ~ r::: Thence N 89034'33" W a distance of 200.50 feet to the POINT OF BEGINNING. ;(; '= Said parcel contains 10.96 acres more or less and is subject to all existing easements and rights-of-way of record or implied. II and (L-O) Limited Office District A parcel of land situated in a portion of the S Ih of the NW 1/4 of Section II, T. 3N., R. lW., B.M., Ada County, Idaho and being particularly described as follows: BEGINNING at a brass cap marking the W 1/4 corner of said Section, thence along the West line of said NWl/4 N Ooo~5'27" E a distance of 460.09 feet to a point from which a brass cap marking the .NW comer of said Section bears N 00025'2711 E a distance of 2196.33 feet; ~~ Thence leaving said Section line S 89034'33" E a distance of 200.50 feet to a point; Th~nce S 0025'27" W a distance of 273.9t1feet to a point; Thence S 89010'57" E a distance of 156.38 feet to a point; DEVELOPMENT AGREEMENT - (AZ-OO-006) - 5 ~ . ~ ~ ~.'X. ~ ~ Thence S 67006'08" E a distance of 43.08 feet to a point; Thence S 22053'52" W a distance of 51.44 f~t to a point; Thence along the arc of a curve to the left having a radius of 100.00 feet, a central angle of 22004'49", an arc length of 38.54 feet and a long chord of 38.30 feet bearing S II 051 '28" W to a point; Thence S 0049'03" W a distance of 86.04 feet to a point; Thence along the South line of said NWl/4 N 89010'57" W a distance of 368.85 feet to the POINT OF BEGINNING. I) J;!: Said parcel contains 2.87 acres more or less and is subject to all existing easements and rights-of-way of record or implied. For the construction and development of a multifamily townhouse and office complex as permitted in the R-15 and L-O zones and compatible with the City's Comprehensive Plan and Zoning Ordinances. 4.2 ~~ No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. ~I 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.A "Developer/Owner" shall develop the "Property" in accordance with the following special conditions: &'; 5.1 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. Wells may be used for non-domestic purposes such as :iL landscape irrigation. (;i iJj . ~ 5.2 it; Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral y ..: DEVELOPMENT AGREEMENT - (AZ-OO-006) - 6 it ~ ,; ~ ~ ~ II users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 5.3 The applicant shall address, among other things, specific landscape/common area requirements, any height limitations, right- of-way dedication prior to submitting f05 building permits, signage, bike lanes, etc. Restrictions shall be placed on the use of the proposed L-Q property to prevent future application for a convenience store or other strictly commercial uses that are allowed in the L-Q zone with a conditional use. The CD-permitted Bars/Alcoholic Establishments, Convenience Stores, Drive-In Theaters, Drive-In Establishments, Hotels, Motels, and Outdoor Storage Facilities, in the L-Q shall be prohibited for this property. 5.4 Developer shall install a center left turn lane on Pine Street, east of its intersection with Ten Mile Road. .... 5.5 The developer shall be reqtlired to install a traffic signal at the intersection of Ten Mile and Pine Street, additionally, an agreement between ACHD and the developer shall be necessary to assure the signal is constructed in accordance with standards. (Because of the ~:: location being the;!tintersection of two functionally streets, the Commission may ~be willing to provide the signal hardware if the El developer pays for the design and construction of the traffic signal. If the Commission does not approve ACHD participation, the signal shall be entirely the responsibility of the developer.) I~ 5.6 Developer shall provide an interim all-way stop to provide additional safety during the construction of the traffic signal and the initial subdivision work. The stop sign installation shall require 36" by 36" STOP signs and 36n by 36" STOP~EAD signs on Ten Mile Road and north and south of Pine Street. The installat~on shall also 1M) require 18" by 6" ALL WAY STOP supplementary plates on the two new STOP signs and the two existing STOP signs. 5.7 All requirements within the Site Specific Requirements and Standard Requirements shall also be met from the ACHD's August 15,2000 ~ I'. DEVELOPMENT AGREEMENT - (AZ-OO-006) - 7 .. ~ it: - ~...~ x.~ ~ letter; except to the extent modified by any findings or order adopted by the Meridian City Council. 5.8 Development of a transportation management plan in ccordination with ACHD Commuteride Program. The transportation management plan should be submitted to the Highway District for review and approval. Identify how the development shall meet a 10% trip reduction goal during peak hour traffic, and also provide short and long term scenarios for trip reduction goals. ....11 5.9 I~ In addition to the ACHD requirements, cross walks shall be placed at both Ten Mile Road and Pine Street for pedestrian comfort and safety, especially the children walking to and from school (across Pine Street). 5.10 The property shall be subject to de-annexation to the previous RT zone if the property is not developed as agreed and assured upon by the developer in the companion preliminary plat and conditional use permit. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer/Owner" or "Developer/Owner"'s heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied wit~ the notice and hearing procedures as outlined in I.C. ~ 67- 6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: ~ ~. "Developer/Owner" consents upon default to the de-annexation and/or a c ~~ reversal of the zoning designation of the "Property" to which the default applies subject to and conditioned upon the following conditions precedent to-wit: - ~ DEVELOPMENT AGREEMENT - (AZ-OO-006) - 8 ~ !j ;t:t '"I .~ :iil.! 7.1 That the "City" provideywritten notice of any failure to comply with . this Agreement to "Developer/Owner" and if the "Developer/Owner" !lJ fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer/Owner" 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. 9. DEFAULT: ~~ 9.1 In the event "Developer/Owner", "Developer/Owner"'s heirs, . successors, assigns, or subsequent owners of the "Property" or any ~ ~ other person acquiring an interest in the "Property". fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated with respect to the "Property" which is in default by the "City" upon compliance with the requirements of the Zoning Ordinance. I.,.1J riM 9.2 ~ A waiver by "City" of any default by "Developer/Owner" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any <ather rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. ;~...! ~ 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer/Owner"~ cost, and submit proof of such recording to "Developer/Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. ....11 DEVELOPMENT AGREEMENT - (AZ-OO-006) - 9 00 Pi ~ ~ ~ :. ~ ~J ....11 II. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of comRetent jurisdiction by either "City" or "Developer/Owner", or by any successor or successors in title or by the assigns of the partie~ 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 h~rein. ;;: '"I . 12.1 ~ In the event of a material breach of this Agreement, the parties agree that "City" and "Developer/Owner" shall have thirty (30) days after Vf;. 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 ~~hall commence to cure the same within such thi~y ~ (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. ~;: ~ 12.2 (~IIn the event the performance of any covenant to be performed hereunder by either "Developer/Owner" or "City" is delayed for ~ 1("- 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 I time for ..:;uch performance shall be extended by the amount of time of such delay. !ti l'.:: lJ} 13. 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 required in section 5 of this agreement, which the "Developer/Owner" agrees to provide, if required by the "City". ~, :-:4 DEVELOPMENT AGREEMENT - (AZ-OO-006) - 10 ~ ~ m ~ ~ ~ .. = ~ 14. CERTIFICATE OF OCCUPANCY: The "Developer/Owner" agrees that no Certificates of Occupancy will be issued until all improvements required in section 6 of this agreement are completed, unless the "City" and "Developer/Owner" have entered into an addendum agreement stating when the improvements required in section 5 of this agreement will be completed in a phased development; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements required in section 6 of this agreemep.t have not been installed, completed, and accepted by the "City". ~ 15. ABIDE BY ALL CITY~ ORDINANCES: That "Developer/Owner" agrees to abide by all ordinances of the City of Meridian and "Property" as the case may be 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. :l:: 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) Idays after deposit in the United States Mail, registered or certified mail, postage 'prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: ~ do City Engineer City of Meridian 33 E. Idaho Ave. Meridian,ID 83642 ~ Gold River Companies, Inc. 2326 W. Rainwater Ct. Meridian, ID 83642 with copy to: OWNER: City Clerk City of Meridian 33 E. Idaho.Ave. Meridian,ID 83642 ~ David and Shirley Fuller 890 N. Ten Mile Road Meridian, ID 83642 DEVELOPMENT AGREEMENT - (AZ-OO-006) - 11 .~; ~ l\~~ ~ . .:. ::!; ~ :... ~ 16.1 A party shall have the right to change its address by deliveringtto the other party a written notification thereof in accordance with the requirements of this section. 17. 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 cos~s and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default~nder this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and !personal representatives, including "City"'s corporate authorities and their ::successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be b6th benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer/Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and ~ reasonable discretion, had determined that "Developer/Owner" nas fully performed its obligations under this Agreement. i~ ~ ~ 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to-,"=~e excised from this Agreement and the invalidity thereof shall not affect any ofihe other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between I DEVELOPMENT AGREEMENT - (AZ-OO-006) - 12 ~.".JJ ~ ~.' :'"f'.iII' ~~ ~ !l :'W: ~ @ ~ "Developer/Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer/Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change, addendum 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". 21.1 No condition governing the uses and/or cOl1ditions 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 except that minor modification( s) of required improvements provided for in section 7 may be approved by City Public Works and Planning and Zoning Staff, if such changes are required or preferred by Ada County Highway District Staff. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in fonnection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. . ~~I :-i': ~ DEVELOPMENT AGREEMENT - (AZ-OO-006) - 13 l:! I'. ti: ~1j ,~ ~ ACI<NOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER: I' GOLD RIVER COMPANIES, INC. BY: ()~ (}~ "l Vicki Welker, President a'll ~ ArrEST: ~l\):-- ~ Valeri IGllian, Secretary BY RESOLUTION NO. - l~ ....11 L." i~ OWNER: \r~ David Fuller '~~~~j ~A~, Shirley Fuller '] ~ @ ~ ~:( it~ ~ DEVELOPMENT AGREEMENT - (AZ-OO-006) - 14 .... ~" ". !'i.~ ~ (t,. ~ ~ CITY OF MERIDIAN ;Ei BY: R ROBERT D. cpRRIE ~ i;: a'll ~ ~ .II (; .'0" \(\\t\\~tlfn"ltl', !...~~ ~ ~~ ~ ~.'.... .Of W'J>>;:II'~I .. ~ ~"' ~ "q''1! ~~ ~a ~olt4~ ~ ~ ~f ~ ~ ~ - ~ .,. ::: ~( CITY CLERK :( ~ SEAL ~ !2'{):' ~ 1:::: BY RESOLUTION ~O. .? t:J ~ "1a~~r 15"" "\ -R l aflJYO~cLJ':J &~ t!4allub~lt-a ,l~'f>~~t' , :/ ~I ~ ;, - ~ \\\~ _ I,/j fi)JI,.~ l:~" !.-;.';'i \\~~ ... ~."'.~ r ~ 0.... Attest: s. :;;::: :,.: STATE OFJDAHO ) :ss ) COUNTY OF ADA x On this S~ day of ~~e~\:)':t~ l~in the year 2000, before me, a Notary Public, in and fOf...said County and ~tate, personally appeared Vicki Welker and Valeri IGllian, PresIdent and Secretary of Gold River Companies, Inc., an Idaho corporation, known or identified to me to be the persons who executed the instrument and acknowledged to me that they did execute the foregoing instntJ}lent on behalf of said corporation. ~ (SEAL) \\11111/1//1/0: \\~\ I\.~~!..~~~~ ~" 0~... ...~~ ~ ~ ~"t&OTARY.~~ ~ , ~. .: -\ :::. ~': I --Li : ...... ~, : : ;:: ~~\ PUBLlC/o~ :.1?: ,..-~ o. .._" ~ -"I~';i'OF"\O~~ . f"~: W 11/ tJI t\ \ ;~ ~ -\\~ ~ ~ Notary Public @ .. My Commission expires:~ c:S "IIi ~ "',;;; ~ \ DEVELOPMENT AGREEMENT - (AZ-OO-006) - 15 ~ ~ ~ A STATE OF IDAHO ) :ss County of Ada Tl ' On this ''I - ) dayof ~~ , in the~year 2000, before me, a Notary Public, personally appeared David Fuller and Shirley Fuller, husband and wife, known or identified to me to be the persons who executed the above and foregoing instrument, and acknowledged to me that they executed the same. . A~{'-~~'~~ Notary Publi for Idaho tommission expires: ~J. ~ Ol. "q Y f ' ~STATE OF IDAHO ) :ss County of Ada On ibis ( 4-4:h ) day of btUf\'\Lxv , in the year 2000, before I;t. me, a Notary Public, personally appeared Robert D. Corrie 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 o instrument of behalf of said City, and acknowledged to me that such City executed the sa~..... ~. U-. . ~i ~:.---9 .. .~~,.- 'fA ~, ,. .?.~ ,,~ 0 - ~j." ' . ,~/~ \ . .=1 ...... \ , : cn~ JIll JI( -.,. J -: . ' I . (SEAL) ~ \, C / /" .. ~'~~1 ,~... ~~2iOFn;~. ...~.... =-= fl.-: ~V ~ Notary Puo ."' r Id 0 Commission expires: VI -Zb-D b ~ msgjZ:\Work\M\M~idian\M.ridian 15360M\Valeri HClights AZ\DevelopAgr ~ ~ ~ P.. DEVELOPMENT AGREEMENT - (AZ-OO-006) - 16 ~ ;;: !..~ i!i EXHIBIT A AZ-OO-006 LEGALS FOR R-15 AND L-O (R-15) Medium High Residential District: :.:. A parcel of land situated in a portion of the 81/2 of the NWI/4 of Section 11 T.3N., R. 1 W., B.M., Ada County, Idaho and being particularly described as follows: !,J Conunencing at a brass cap marldng the W 1/4 corner of said Section II, thence along the West line of said NW 1/4 N 00025'27" E a distance of 460.09 feet to a point from which a brass cap marldng the NW corner of I said Section bears N 00025'27" E a distance of 2196.33 feet said point being the POINT OF BEGINNING; I ,..Thence continuing along said Section line N 00025'27" E a distance of ~39.80 feet to a 5/8 inch rebar; -lfhence leaving said Section S 87035'23" E a distance of 507.94 feet to a 5/8 inch rebar; ....:: Thence N 80040'45" E i distance of 344.45 feet to a point; Thence S 61001'27" E a distance of 14.33 feet to a point; ~ Thence S 00049'03" W a distance of 739.62 feet to a 5/8 inch rebar; Thence along the South line of said NWl/4 N 89010'57" W a distance of 485. 79 feet to a point; ;~; , ~ ~ ~~ Thence leaving said Section line N 00049'03" E a distance of 86.04 feet to a point; .4 Thence along the arc of a curve to the right having a radius of 100.00 feet, a central a:qgle of 22004'49", an arc length of 38.54 feet and a long chord of 38.30 fe~t bearing N 11051'28" E to a point; c: DEVELOPMENT AGREEMENT - (AZ-OO-006) - 17 i-~ il 2 ~ ~ ~ ~ Thence N 22053'52" E a distance of 51.44 feet to a point; Thence N 67006'08" W a distance of 43.08 feet to a point; Thence N 89010'57" W a distance of 156.38 feet to a point; Thence N 00025'27" E a distance of 273.96 feet to a point; 0: ~ Thence N 89034'33" W a distance of 200.50 feet to the POINT OF BEGINNING. Said parcel contains 10.96 acres more or less and is subject to all existing easements and rights-of-way of record or implied. and J,,\' ~ (L-O) Limited Office District: A parcel of land situated in a portion of the S lh of the NW 1/4 of Section iI, T. 3N., R. 1 W., B.M., Ada County, Idaho and being particularly -described as follows: ~~ BEGINNING at a brass cap marldng the W IIi, corner of said Section, thence along the West line of said NWI/4 N 00025'27" E a distance of 460.09 feet to a point from which a brass cap marldng the NW corner of said Section bears N 00025'27" E a distance of 2196.33 feet; ~ ~},j Thence lea~ng said Section line S 89034'33" E a distance of 200.50 feet to a point; Thence S 0025'27" W a distance of 273.96 feet to a point; ,':I Thence S 89010'57" E a distance of 156.38 feet to a point; ~ Thence S 6'7006'08" E a distance of 43.08 feet to a point;':.:- Thence S 22053'52" W a distance of 51.44 feet to a point; ~~ ... DEVELOPMENT AGREEMENT - (AZ-OO-006) -18 ~~ rJ', .~ ~ ~t i:. ~.J) s Thence along the arc of a curve to the left having a radius of 100.00 feet, a central angle of 22004'4911, an arc length of 38.54 feet and a long chord of 38.30 feet bearing S 11 051 '28" W to a point; ie. Thence S 0049'03" W a distance of 86.04 feet to a point; Thence along the South line of said NWI/4 N 89010'57" W a distance of 368.85 feet to the POINT OF BEGINNING. Said parcel contains 2.87 acres more or less and is subject to all existing easements and rights-of-way of record or implied. iff ~.' ~~ ~~ ~. ~~ ia ~ ",.,\' ... (+:( ... .::: ~ ~: DEVELOPMENT AGREEMENT - (AZ-OO-006) - 19 ~ ~ .'j ~ ~ I}/. n: rrr: ~~ .. EXHIBIT B - AZ-OO-006 FindiJliS of Fact and Conclusions of Law/Conditions of Approval ... ~ ~ ~~ J~"i ..: ~ dr ~ ~ ~ r ~~ ~"'It I ~ ~ DEVELOPMENT AGREEMENT - (AZ-OO-006) - 20 I' 0: tr. ~~ ill, ~ ~ :""/':'11 ~ BEFORE THE MERIDIAN CITY COUNCIL ~ Revised ClC 11-08-00 IN THE ~TTER OF THE 11 APPLICATION OF GOLD ) RIVER COMPANIES, INC., THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 12.73 ACRES FOR VALERI ) HEIGHTS SUBDIVISION FROM ~ ) R-T TO R-15 AND L-O, ) LOCATED AT THE ) NORTHEAST CORNER OF W. ) PINE STREET AND S. TEN ~ ) MILE ROAD, MERIDIAN, ) ~j IDAHO ) ) Case No. AZ-OO-006 it: .. ~ :.:&: The above entitled annexation and zoning application having come on "ff:!. for public hearing on May 16, 2000, and tabled to June 6, 2000, June 20, 2000, and . . 'I(!i July 18, 2000, and then re-noticed for August 15, 2000, and continued until August M 22,2000, and continued until September 19,2009, at the hour of 7:30 p.m., and at ~ ~ the May 16, 2000 meeting Shari Stiles, Planning and Zoning Administrator, . appeared and testified, and appearing and testifying on behalf of the Applicant was ~ David Bailey, Pat Dobie-Traffic Engineer, Scott Harrision-Project Designer, and .... Michael Marceeze-Property Manager Consultant, and",Dave Fuller, and appearing and ~ ~ ' FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ ttl ~ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) fi ;..' ""~ ::.: :~ . . .::: :.. r;j . 'r~ ~ ~ ~ :r-~ ~ III testifying with comments or concerns were: Erma Calhoun Atl<inson~-Rick Lamben, ~ ~ Chris Vallee, Steve Bravo, Steve Martin, Laura Wilder, Glenn Blaser, Marie Tamas, Reese Walther, Brian Pearson, Margie Schraeder, Seth Meyer, and at the August 15, 2000 meeting appearing-and testifying in favor of the project were Greg Kritchville, and Daren McNatt, and the matter was continued until August 22,2000 and again 0: f:.. to September 19, 2000, ani Shari Stiles, Planning and Zoning Administrator, ~ ~ appeared and testified, and those appearing in favor of the project were: Jennifer ~ Berfile, John Calhoun, Vicki Fuller, Robert Welker, Amber I(erns, Jeff Strauhs, Carrie Rudy, and Steve Bravo, Dave Fuller, Michael Marquise, Colleen Calhoun, and Da\jd 'ifi Bailey, and those appearing in opposition were: Millie Bailey, Nancy Galliran, Jessica Atkinson, Lynn Hackstetter, IGrk Tamis, Jennifer Miller, Lavan Long, Sarah Sprague, il'1 Michael earthy, Pete J. Maldonado, Bill Pullman, Amy Everhart, I<aty Corbol, Mark I Lines, Rick Jensen, Charlene Chanos, John Egan, Darrekk Webb, Seth Myer, Maryel Nelson, David Atkinson, Roger Ferner, Chelsea Ghasserani, lady Oark, Chris Staley, . . Devon Everhart, and Steven Marrin, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: ~~ :IH ~ FINDINGS OF FACT ~N :;: I. The notice of public hearing on the application for annexation and ~ ~ zoning was published for two (2) consecutive weeks prior to said public hearing ~ ~ ~ :] FINDINGS OF FACT AND CONClrUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION '1m FOR ANNfxATION AND ZONING/ 1\ BY GOLD RIVfR COMPANIES, INC. / (AZ-OO-006) ~ ll! ~ !! ~ ~ ~~ fj ~1."i ~ scheduled for May 16,2000, and tabled to June 6, 2000, June 20, 2000, and July 18, 2000, and then re-noticed for August 15,2000, and continued until August 22,2000 oc and again to September 19, 2000, before the City Council, the first publication . appearing and 'Written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the extema.! boundaries of the property . under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and televisiop stations as public service announcements; ~ and the matter having been duly c<;'nsidered by the City Council at the May 16, 2000, and tabled to June 6,2000, June 20,2000, and July 18,2000, and then re- 1:1 noticed for August 15,2000, and continued until August 22, 2000, and again to m ~ September 19, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the ~I ~t City of Meridian, having been giJen full opportunity to express comments and submit evidence. Ii; 1+1 2. There has been compliance with all notice and hearing requrremeIJ.ts set forth in Idaho Code ~~ 67-6509 and 67-6511, and Meridian City Code ~~ 11-15-5 ... and 11-16-1. ~ 3. The City Council takes judicial notice of its zoning, subdivisions and . ~ .. ' FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION ,~FORANNfXATION AND ZONING/~ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) -.: . #; );.: t~ :o'.-:.i ~ ". i;! ~ ... ;~ 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. ~ 4. The property which is the subject to the application for annexation and ~~ zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 12.73 acres in size and is located at the ~,.: 2! northeast corner ofW. Pine Street and S. Ten Mile Road. The property is designated as Valeri Heights Subdi~sion. .t:I :t, 5. The owner of record of the subject property is David and Shirley Fuller, of Meridian, Idaho. ~ ... 15. Applicant is Gold River Companies, Inc. of Meridian, Idaho. ~ . The property is presently. zoned by Ada County as Rural Transitional, SiI 7. and consists of undeveloped land~ ~ ~~~ 8. The Applicant requests the property be zoned as Limited Office (L-O) . and High Density Residential (R-15). m 9. The subject property is bordered to the east, west, and south by Ada ~ County and citY limits of the City of Meridian are adjacent and abut to the north of the subject property. .1 ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4~.Ji AND DECISION AND ORDER GRANTING APPLICATION I.'<: FOR ANNEXATION AND ZONING/. _. '1 BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) . ill ~ ~ 10. ~ ~ The property which is the subject of this application is within the Area ~.l: of Impact of the City of Meridian. 11. The entire parcel of the properJY is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian t. Comprehensive Plan. ~ ,)I:.: :=>:; .0:: ;r; 12. The Applicant proposes to develop the subject property in the following ~ manner: multi-family apartments, townhouses7 and office complex. 13. The Applicant requests zoning of the subject real property as L-O and R-15 which is consistent with the Meridian Comprehensive Plan Generalized Land . ~.I Use Map which designates the subject property as Mixed Residential. 14. The Meridian City Council recognizes and takes notice of the concerns ~l I-1i l.: w of all persons testifying at the public hearings, along with several letters and Petitions ... in opposition to the development and which are filed with the Clerl(7s office. ;; 15. There are no significant or scenic features of major imH:;ortance that ~ N ~raffect 0e consideration of this application. ~ lrr 16. Giving due consideration to the comment received from the ... governmental subdivisions providing se~ces in the City of Meri~ian 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 nl . ~ imposed: :' ff FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION ~ FOR ANNEXATION AND ZONING/ ... ~ ~ >. BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) ~.-i :\ ~ J.~ ~ ~ .--v. ~ ~ b Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: l'l'J 16.1 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. Wells may be used for non-domestic purposes such as landscape irrigation. ;, @ 16.2 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be '~: approved by the appropriate irrigation/drainage distrip, or lateral users association, with written confirmation of said approval submitted to the Public W or~ Department. No variances have been requested for tiling of any ditches crossing this project. . it 16.3 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement srrall address, among other things, specific landscape/common area requirements, any height limitations, right-of-vvay dedication prior to submitting for building permits, signage, bike lanes, etc. Through a development agreement, restrictions shall also be placed on the use of ..~ the proposed L-O property to prevent future appliootion for a convenience store or other strictly commercial uses that are allowed in the L-O zone with a conditional use. The CD-permitted Bars/Alcoholic Establishments in the L-O shall be prohibited for this property in the Development Agreement. . m ~ :::ii :..~ Adopt the Comments of Afla County Highway District from their letter dated HI May 15, 2000, as follows: '1U . 16.4 D'eveloper shall install a center left turn lane on Pine Street, east of its intersection with Ten Mile Road. b. ~ ~:! ::3 16.5 The developer shall be required to install a traffic signal at the intersection of Ten Mile and Pine Street, additionally, an agreement between ACHD and the developer shall be necessary to assure the signal is ~tonstructed in accordance with standards. (Because of the location being the intersection of two functiofial streets, the Commission may be ~ " t..1 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD tuVER COMPANIES, INC. / (AZ-OO-006) t! I!{ ~~ (ii: [EfU Yfi . willing to provide the signal hardvvare if the developer pays for the design and construction of the traffic signal. If the Commission does not approve ACHD participation, the signal shall be entirely the responsibility of the developer.) s (...1 16.6 Developer shall provide an interim all-way stop to provide additional safety during the construction of the traffic signal and the initial subdivision work. The stop sign installation shall require 36" by 36" STOP signs and 36" by 36" STOP AHEAD signs on Ten Mile Road and north and south of Pine Street. The installation shall also require 18" by 6" ALL WAY STOP supplementary plates on the two ne\V STOP signs and the t"vo existing STOP signs. 4it and additionally adopt the Comments of Ad9 County Highway District from their letter dated August 15, 2000, as follows: .- ... 16.7 All requirements within the Site Specific Requirements and Standarclw Requirements shall al~.o be met;. except to the extent modified by any findings or order adop1ed by the Meridian City Council. !' 1~ Adopt the Comments of Community Planning Association of Southwest Idaho (COMPASS) from their letter dated June 14, 2000, as follows:. ". 16.8 Development of a transportation management plan in coordination with ACHD Commuteride Program. The transportation management plan should be submitted to the Highway District for review and approval. Identify how the development shall meet a 10% trip reduction goal during peak hour tr~ffic, and also provide short and long term scenarios for trip reduction gdals. I' 16.9 In addition to the ACHD requirements, cross walks shall be placed at both Ten Mile Road and Pine Street for pedestrian comfort and safety, especially the children walking to and from school (across Pine Street). Adopt the action of the City Council from their September 19,2000, meeting as follows: ~ ... ~ ~~ ';t 16.10 The property shall be subject to de-annexation to the previous RT zone if the property is not developeq as agreed and assure~ by the developer ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXt\.TION AND ZONING/ ... ~.' BY GOLD 'RIVER COMPANIES, INC. / (AZ-OO-006) ~\: i.l' 11. .':i ~: ~\~~ ~ ~ ~ '\ ~ m is l..t ~ in the companion preliminary plat and conditional use permit applications for this same property. ... ~ ~ 17. It is found that if the developer pays for the requested improvements ~ and complies with the conditions set forth in these Findings of Fact No. 16, and all sub-pans, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a \~re condition of annexation fnd zoning designation. ~: 18. It is also found that the development considerations as referenced in Finding No. I & are reasonable to require and must be taken into account, in order to ~ tf . assure the proposed development is designed, constructed, operated and maintained ~ . in a manner which is harmonious and appropriate in appearance with the existing, or n.: ~ intended character of_:ilie general vicinity, in order to assure that the proposed use II will not change the essential character of the affected vicinity and will insure that the j4!; proposed uses will nQt be hazardous or disturbing to the existing, or future . ~, neighboring uses, particularly considering the impact of proposed development on ~ :... ~ ~ - !iiI potential to produce excessive traffic, noise, smoke, fumes, glare and odors. ~ 19. It is found that the zoning of the subject real property as (R-15) ;.). ". Medium High Density Residential District and (L-O) Limited Office permits the ~ ~ !10 establishment fif single-family attached and multi-family~~dwellings at a density not ;;: exceeding fifteen (15) dwelling units per acre in the ~-15, and the L-O permits the H FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-"OO-006) 111 ~ ~~:. ~ :;: ~ ~ ~ t. establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses, and requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent I' with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Residential. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: ~ 20.1 ',;..;:J TIle consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such ~ application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. ~ 20.2 This t>roposed new growth developmel\~ will finance public service expansion by the requirement herein that the applicant comply with the requests submitted {Sf the political subdivisions responses within the Meridian Urb~n Service Planning Area submitted in the record of this matter. j~ 20.3 The application is consistent with Meridian's self identity. III 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the I'. subject application. · i:i '-' ;:J ";j FINDINGS O~ FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ tll . BY GOLD RIVER COMPANIES, INC. / (AZ-OQ;006) ~ ~ ~, !J ~JJ S ~ 1:"i :rJ . :!: 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are b~lanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. ;, 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Q plan and the Zoning ordinances of the City to the subject application. If~ 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. 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 iJ.I1pact as provided by ~~ Idaho Code Section 50-222. The Meridian City Code ~ 11-16 provides the City may ;1 IC annex-real property that is within the Meridian Urban Service Planning Area as set ~I.i li..~ ~~ forth in the City's Comprehensi~e_ Plan. rr ....11 ~ 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. ':::' i' 3. The City of Meridian has exercised its authority and responsibility as . ... provided by "Local Land Use Planning Act of 1975', co~ified at Chapter 65, Title 67, 110 t$ !~ Idaho Code by:.,the adoption of 'Comprehensive Plan City of Meridian adopted ~ * ... ~ FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) . ~ ~~' II JI I~ ~ ~ !n ~ ~ :;;. ~ l'l'J December 21,1993, Ord. No. 629, January 4,1994. ~, i+ 4. The following are found to be pertinent provisions of the City of '" Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4. t To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in ac,c;ordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. m. ~ 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for ~xisting and future residents, reduces the present reliance .on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. ~ lo! 4.4 To provide housing opp6rtunities for all economic groups within the community. I~ u: 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining ~ts identity as a self-sufficient community. ~ 4.6 To encourage cultural educational and recreational facilities which will fill~ the needs and preferences of the :~~ citizens of Meridian and to insure that these facilities are == :.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ . i'( 'it BY GOLD 'RIvER COMPANIES, INC. / (AZ-OO-006l.. ~'f. :t) - :.: ~ ~ ~ ~-~ II. available to all residents of the City. 4. 7 I~I To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of lana use patterns to insure that ~revenues pay for services. ~ .,.., 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. ~l 5. The requested zoning of Medium High Density Residential District, (R- 15) an~ Limited Office are defined in the Zoning Ordinance at 11-7-2 E and 11-7-2 G as follows: ::J! ~".=..~...: ~ (R-15) Medium High Density Residential District: The purpose of the R- 15 District is to permit the establishment of medium-high density single- family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open iPace corridor, and be connected to the ~unicipal water and sewer systems of the City. The predominate housing types in this District will be patio homes, zt:;ro lot line single-family dwellings, townhouses~ apartment buildings and ~ ~. t; condominiums. ~ ~ and ~ (L-O) Limited Office District: The purpose of the L-O District is to pefIIlit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and I,". I~ :is': I FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) =-= ~ ~ . .,' high density residential uses, and is thus a hansitional use. Connection to the Municipal water and sewer syste~!ll of the City is a requirement in this District. ~: 6. By authority of the City of Meridian under the Comprehensive Plan, a ~ conditional use permit is required for Applicant to construct and develop a multi- !9 ~~ family apartment, townhouse and office complex as permitted in the R-I5 and L-O zones and compatible with the City's Comprehensive Plan and Zonipg Ordinances on ;&1;:1; ~;~JI ~ any legal lot within this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The ~j . City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983). IC 8. -..Jt The development of the annexed land, if annexed, shalf 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 pressurized irrilation systems. 9. The development of,.the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridi.an. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides ~ 'rl in part as follows: .;, r.~ If property is annexed and zoned, the City may require or permit, as a ~ ~; ;s.~ I FINDINGS OF FACT AND CONCLUSIONS~~OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ 'l'! .., BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) ~ . ~ ': ...j ~ ~ ~--;L :::l ~ ~ condition of the zoning, that an o\vner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take efft;ct upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Cou~cil, the commitment shall be binding 0[1 the o\vner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. ;t~ ...1( ~~ ~ ~tt: II ';"'j ~ ~ : "-if ~ ~ ~ . ~ ~ ~ . i>j ~ 00 .-: t} ~:-: ~ )..'J!Ij ~ .=s: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) . . ~ ~ ~'~ DECISION AND ORDER ~! NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately ""JIll.' 12.73 acres to Medium High Density Residential District (R-15) and Limited Office District (L-O) are granted subject to the terms and ~~nditions of this Order ~oIj, hereinafter stated. 2. The application is for annexation and zoning of 12.73rfl.cres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the III State of Idaho, and shall conform to all the provisions of the City of Meridian ~) ''I,'':JI Resolution No:: ~158. The legal descriptiop for annexation must place this parcel . contiguous to the Corporate City Limits per Ordinance No. 686. 3. Applicant enter into a Development Agreement, and such Development ~ ~ ~ Agreement shall also include and - contain the conditions of and for the teal property , i' which provides"in the event the conditions therein are not met by the Applicant that the p~perty shall be subject to re-zone and/or de-annexation, with the City of . Meridian, which provides for the following conditions of use and development to-wit: 3.1 ~ ~ Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 1~ 9-1-4. Wells may be used for non-ctpmestic purposes such as landscape ~~ ~ .... ~ ~i~ !:i~ FINDING~OF FACT AND CONCLUSIONS OF lAW - Page 15 AND DECISIQN AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ . BY GOLDiuvER COMPANIES, INC. / (AZ-OO-006) :-:1 ;..: 'III '~I ~ " I~ ~ ~ l!!'if. .Ioi ~ M! ~ ~ irrigation. 3.2 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be I approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.3 Applicant shall be required to enter into a Development Agreement with the City as a conqJtion of annexation. The Development Agreement shall !address, am6ng other things, specific landscape/common area requirements, any height limitations, right-of-way dedication prior to submitting for building permits, signage, bike lanes, etc. Through a development agreement, restrictions shall also be placed on the use of ~ the proposed L-O property to prevent future application for a ~.L convenience~store or other strictly commercial uses that are allowed in the L-O zone with a conditional use. The CU-permitted Bars/Alcoholic Establishments in the L-O shall be prohibited for this property in the Development Agreement. IH :tl 3.4 Developer shall install a center left turn lane on Pine Street, east of.llits intersection with Ten Mile Road. ~+: ~~ ~ ~~ 3.5 The developer shall be required to install a traffic signal at the ~ intersection of Ten Mile and Pine Street, additionally, an agreement between ACHD an't the developer shall be necessary to assure the signa! is constructed in accordance with standards. .(Beoouse of the location -~ being the intersection of two functional streets, tJ"le Commission .~ay be willing to provide the signal hardware if the developer pays for the design ana construction of the traffic signal. If the Commission does not ap'prove ACHD participation, the signal shall be entirely the responsibility of the developer.) . ~ 3.6 Developer shall provide an interim all-way stop to provide additional safety during the construction of the traffic signal and the initial subdivision work. The stop sign installation shall require 36" by 36" STOP signs and 36" by 36" STOP AHEAD signs on Ten Mile Road and :> 'r.., FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ ,'~J BY GOLD RIVER COMPANIES,. INC. / (AZ-OO-006) . It " ~ :-::,j.~ ~'! ~ ~ north and south of Pine Street. The installation shall afso require 18" by 6n ALL WAY STOP supplementary plates on the two new STOP signs and the two existing STOP signs. 3.7 Developer shall met all requirements within the Site Specific Requirements and Standard Requirements of the ACHD's letter of August 15, 2000; except to the extent modified by any findings or order adopted by the Meridian City Council. . ::!. 3.8 Development of a transportation management plan in coordination with ACHD Commuteride Program. The transportation management plan should be submitted to the Highway District for review and approval. Identify how the development shall meet a 10% trip reduction goal during peak. hour traffic, and also provide short and long term scenarios for trip reduction goals. ~ ~.~ II 3.9 In addition to the ACHD requirements, cross walks shall be placed at both Ten Mile Road and Pine Street for pedestrian comfort and safety, ,f;l, ~~ especially the children walking to and from school (across Pine Street). 3.10 The property shall be subject to de-annexation to the previous RT zone ~ . if th; property is not developed as agreed and assured by developer in the companion preliminary plat and conditional use permit applications for this same property. ., 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the g a~exation and zoning designation of the real ~ property which is the subject of the application to (R-15) Medium High Density Residential District and (L-O) Limited Office District, Meridian City Code ~ 11-7-2 E and 11-7-2 G. it 5. ~ubsequent to the passage of the Ordinance provided for in section 4 of .) this Order the engineering staff of the Public Works Department shalli>[epare the ....~ ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ ~ BY GOLD RIVER COMPANIES, INC. / (AZ-OO-006) .. rib. :\\ III ~i~ :!: ~ i~~ ~ appropriate m~pping ch~nges of the official~.poundaries and zoning maps as provided ~ ~. .II !': in Meridian City Code 9 11-21-1 in accordance with the provisions of the annexation fJ. t1; and zoning ordinance. .. NOTICE OF FINAL ACTION Please fu]<e notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code 9 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the i$~uance or ~,,~ j; denial of the annexation and zoning and who may within twenty-eight (28) days tL1 ~ ~" after the date of this decision and order seek a judicial review as provided by Chapter :W: 52, Title 67, Idaho Code. i-..::rj By action of the City Council at its regular meeting held on the . I' day of ;(/ove;n.-6l-1- , 2000. ROLL CALL · g -fir.. COUNCILMAN RON ANDERSON VOTED~ ~ n ~ = COUNCILMAN I<EITH BIRD VOTED~ r;jj ~. j~. COUNGILMAN TAMMY deWEERD VOTED~ ~ ~~ ~ COUNCILMAN CHERIE McCANDLESS VOTED ;f/r r$I. FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ I BY GOLDluvER COMPANIES, INC. / (AZ-OO-006) ~M.I, 11t.~ ffi ~ ~ ~ .: MAYOR ROBERT D. CORRIE (TIE BREAICER) DATED: 1/-8-00 Co~y served upon Applicant, the Planning and Zoning Department, Public_ Works Department and the City Attorney. \\,\\\\~I:t.I~'E"'flll'l .~"\_f o~ M fb;., 11//# ,,\ ~, VL., '#/ ~~, 0 -7A /. 13 ~~ '() ! (j ...cp~.f' p"", ~-^ V "if.; _ _ ~ v _ ~. ~ ~ - ~ ~ - ~ ~ & ~ ~ ., ~.~ ,OJ 0 .:: ~ "A '- ~~'~Cii 15"1 · ~ ~:f ~ ~,,~ ~ s". ~~-Ta ~ ~ ;/411'.11'\ O(n.['f'l. \~" -.,/ ,\' JII;i1~r nltt\\ MOTION: APPROVED: ~ DISAPPROVED: if.1 BY:r- City Clerk Dated: VOTED <---- ~ ~ l..t \'~ :-:~ ,.... msgJZ:\ W ork\M\Meridian\Meridian 15360M\ V aleri H~ights AZ\AZFfClsOrderTwo.wpd ~ ~ i30) ~ .,1 ~ .;. ~ ~ S1 1ili it ;a:; ... ~I}J ri'...~ L ~ ~.' FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ BY GOLq RIVER COMPANIES, INC. / (AZ-OO-006) ~ .. il! Marlene St. George From: Sent: To: Subject: Marlene St.George Wednesday, November 22,2000 2:02 PM Bill Nichols Valeri Heights Dev Agmt Bill, you asked about the p.z Findings for the Dev Agmt. and after checking them, the Dev Agmt reads the same as the Findings. The paragraph right after the language on the center left turn lane on Pine Street, reads as follows: 5.5 The developer shall be required to install a traffic signal at the intersection of Ten Mile and Pine Street, additionally, an agreement between ACHD and the developer shall be necessary to assure the signal is constructed in accordance with standards. (Because of the location being the intersection of two functionally streets, the Commission may be willing to provide the signal hardware if the developer pays for the design and construction of the traffic signal. If the Commission does not approve ACHD participation, the signal shall be entirely the responsibility of the developer.) Please advise. , ~'g ~ ni j;: ~ ls J ~ ~--~ -~ loi: . . in te roffi'"ce MEMORANDUM :~]: To: William G. .~' p- ;1 From: .- Subject: Valeri Heights Development Agreement :::ii ... Date: November 29, 2000 y Will: .1 :;;. . Please find attached a new revised Development Agreement to Valeri Heights, for the annexation and zoning, Case No. AZ..OO...006. Please replace this agreement with the previous one, as this one, I believe, has the actions of the City Council. If you have any questions, please advise. '1 ... t..1 .~ :r."-: I~ ~ ~ ;1 ;J:: . . I'. i"'I mswZ:\WorkW\Meridian\Meridian 15360M\Valeri Heights AZ\BerglI2800.Men ~ ~ ~ ~ . ... . ~ Ot..\ -.: DEVELOPMENT AGREEMENT 11 ~i~ ....11 PARTIES: 1. 2. 3. City of Meridian David Fuller and Shirley Fuller, Owners Gold River Companies, Developer .. ' ~ ~I THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and DAVID FULLER AND SHIRLEY FULLER, HUSBAND AND WIFE,"OWNER" whose address is 890 N. Ten Mile Road, Meridian, Idaho 83642, and GOLD RIVER COMPANIES, "DEVELOPER" whose address is 2326 W. Rainwater Ct., Meridian, Idaho 83642. oil i'!:E 1. RECJTALS: 1.1 WHEREAS, "OWNER" David Fuller and Shirley Fuller, 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 forth in full; and ::: .1ii !; 1.2 WHEREAS, I.C. S67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Developer" and "Owner" make a written commitment concerning the use or development of the subject "Property"; and ~ 1.3 WHEREAS, "City" has exercised its statutory authority by the . enactment of Meridian City Code 99 11-7-12 and 11-16-4 A, whichl authorizes development agreements upon the annexation and/or re- zoning of land; and \;.4 WHEREAS, "Developer" has submitted anwapplication for aniLexation and zoning of the "Property" described in Exhibit A, and has requested a designation of Medium Hig~ Densitx Residential " DEVELOPMENT AGREEMENT - (AZ-OO-006) - 1 l1:' II . 'f.\ II r !t ~ II ~; II t,' ~: N District (R-15) and Limited Office District (L-O), (Meridian CitY. Code) Case No. AZ-OO-006; and :! .... 1.5 WHEREAS, "Developer" has 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 , 2000, has approved certain annexation and zoning Findings of Fact and Conclusions of Law and Decision and Order, Case No. AZ-OO-006, 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 oil ?::.. 1.8 WHEREAS, both the "Findings" r~quife the "Developer"/"Owner" . '. to enter into a development agreement before the City Council tal<es final action on annexation and zoning and zoning designation'~ and 1.9 "DEVELOPER"j"OWNER" 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 "Developer"/"Owner" to enter into a development agreement for the purpose of ensuring that "PropertyH is developed, and the subsequent use of the "Property" is, in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning and re- ....11 ~ DEVELOPMENT AGREEMENT - (AZ-OO-006) - 2 ~ i,'l: "BIIJ 1..iII ~ II.ti oil ~ ~_J.J. ~9 . zoning designat!on from government subdivisions providing services within the plaml.ing 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 Ordinance codified in Title II, Municipal Code of the City of Meridian. : !: NOW, THEREFORE, in consideration of the covenants afld 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": mean~ 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. A ?; 3.2 "DEVELOPER": means and refers-to Gold River Companies, 2326 W. Rainwater Ct., Meridian, Idaho 83642, and her successors, assigns and affiliates, whose address is 2326 W. Rainwater Ct., -- Meridian, Idaho 83642, the party developing "Property" and shall irlclude any subsequent owner(s)/developer(s) of the "Property". ~J . 3.3 "OWNER": means and referlto Owner of the property as described in Exhibit "A", David Fuller and Shirley Fuller, husband and wife, whose address is 890 N. Ten Mile Rd., Meridian, Idaho 83642, 3.4 "PROPERTY": means and refers to Property, owned by David Fuller and Shirley Fuller, husband and wife, 890 N. Ten Mile Rd., xMeridlan, Idaho 83642, which is that certain parcel(s) of "Property" :i DEVELOPMENT AGREEMENT - (AZ-OO-006) - 3 (.: ~ ... .~ !~ .. ~ x i..~ 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 PERMITIED BY THIS AGREEMENT: 4.1 The uses and development allowed pursuant to this Agreement of the subject property shall be subject to and pursuant to those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code ~11-7-2 D which are herein specified as follows: (R-15) Medium Hi~ Density Residential District: A parcel of land situated in a portion of the S 1/2 of the NW1/4 of Section 11 T.3N., R. 1 W., B.M., Ada County, Idaho and b~ing particularly described as follows: Commencing at a brass cap marking the W 1/4 corner of said Section II, thence along the West line of said NW 1/4 N Ooo~5'27" E a distance of 460.09 feet to a point from which a brass cap m;rking the Nw comer of said Section bears N 00025'27" E a distance of 2196.33 feet said point being the POINT OF BEGINNING; Thence continuing along said Section line N 00025'27" E a distance of 239.80 feet to a 5/8 inch :rebar; "'IIii Thence leaving said Section S 87035'23" E a distance of 507.94 feet to a 5/8 inch rebar; .. . . Thence N 80040'45" E a distance of 344.45 feet to a point; Thence S 61 001 '27" E a distance of 14.33 feet to a point; Thence S 00049'0311 W a distance of 739.62 feet to a 5/8 inch rebar; Thence along the South line of said NWl/4 N 89010'57" W a distance of 485.79 feet to a point; DEVELOPMENT AGREEMENT .. (AZ-OO-006) - 4 ... 00 . a'll Ib 1 . ~ ~ -t-J :t. ..! ~ ~' ~".; " Thence leaving said Section line N 00049'03" E a distance of 86.04 feet to a point; Thence along the arc of a curve to the right having a radius of 100.00 feet, a central angle of 22004'49", an arc length of 38.54 feet and a long cllord of 38.30 feet bearing N 11 051'28" E to a point; ~ Thence N 22053'52" E a distance of 51.44 feet to a point; ~ Thence N 67006'08" W a distance of 43.08 feet to a point; Thence N 89010'57" W a distance of 156.38 feet to a point; Thence N 00025'27" E a distance of 273.96 feet to a point; Thence N 89034'33" W a distance of 200.50 feet to the POINT OF BEGINNING. . Said parcel contains 10.96 acres more or less and is subject to all existing easements and rights-of-way of record or implied. ". .'j and (L-O) Limited Office District A parcel of land situated in a portion oli.the S 112 of the NW..l/4 of. Section 11, T. 3N., R. 1 W., B.M., Ada County, Idaho and being particularly described as follows: BEGINNING at a brass cap marking the W 1/4 comer of said Section, thence ....l along-the West line of said NWl/4 N 00025'27" E a distance of 4'60.09 feet to a point from which a brass cap.marking the NWw- comer of said Section bears N 00025'27" E a distance of 2196.33 feet; - .~. - I Thence leaving said Section line S 89034'33" E a distance of 200.50 feet to a point; Thence S 0025'27" W a distance of 273.96~l;feet to a point; ~~ . ~ I'.' Thence S 89010'57" E a distance of 156.38 feet to a point; I DEVELOPMENT AGREEMENT - (AZ-OO-006) - 5 I .1ii '~~~ ~--= 'i:i * :-:4 ~ ~..'~ II 1:,...11I "J. ... Thence S 67006'08" E a distance of 43.08 feet to a point; Thence S 22053'52" W a distance of 51.44 feet to a point; I.-.:'~'.' ~~ ;..!- ~ Thence along the arc of a curve to the left having a radius of 100.00 feet, a central angle of 22004'49", an arc length of 38.54 feet and a long chord of 38.30 feet bearing S 11051'28" W to a point; !"~ Thence S 0049'03" W a distance of 86.04 feet to a point; . I'. Thence along the South line of said NWl/4 N 89010'57" W a distance of 368.85 feet to the POINT OF BEGINNING. Said parcel contains 2.87 acres more or less and is subject to all existing easements and rights-of-way of record or implied. ~ For the construction and development of a multifamilY townhouse and office complex as permitted in the R-15 and L-O zones and compatible with the City's Comprehensive Plan and Zoning Ordinances. . . 4~2 ',_,I No change in the uses specified in this Agreement shall be allowed · without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERW: ;.t: =-= S.A "Developer/Owner" shall develop the "Property" in accordance with the following special conditions: $ :.: 5.1 Any existing domestic wells and/or septic systems within this project shall be removed from their dom~tic service per City Ordinance Section 9-1-4. Wells may be used for non-domestic purposes such as landscape irrigation. ~ , ~ ~,. 5.2 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to...~e'p~ped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral DEVELqrMENT AGREEMENT - (AZ-OO-006) - 6 JliI;l~ ..:iiriI ~ '1!1\. !I: II ~ ~.." i " '~ x users association, with written confirmation of said approval submitted to the Public Worl<s Department. No variances have been requested for tiling of any ditches crossing this project. r ~ ~ 5.3 The applicant shallraddress, among other things, specific . landscape/common area requirements, any height limitations, right- of-way dedication prior to submitting for building permits, signage, bike lanes, etc. Restrictions shall be placed on the use of the :..~ proposed L-O property to prevent future application for a convenience store or other strictly commercial uses that are allowed in the L-O zone with a conditional use. The CD-permitted .:. Bars/Alcoholic Establishments, Convenience Stores, Drive-In Theaters, Drive-In Establishments, Hotels, Motels, and Outdoor Storage Facilities, in the L-Q shall be prohibited for this property. 5.4 Developer shall install a center left turn lane on Pine Street, east of =?; its intersection with Ten Mile Road. . 5.5 The developer shall be reqllired to install a traffic signal at the intersection of Ten Mile and Pine Street, additionally, an agreement . between ACHD and the developer shall be necessary to assure the ~1 II signal is constructed in accordance with standards. (Because of the location being the intersection of two functionally stre~ts, the , . Commission may be willing to provide the signal hardware if the developer pays for the design and construction of the traffic signal. If the Commission does not approve ACHD participation, the signal II.[ shall be entirely the responsibility of the developer.) 5.6 Developer shall provide an interim all-way stop to provide additional safety during the construction 0[- the traffic signal and the initial subdivision work. The stop sign installation shall require 36" by 36" ~ STOP signs and 36" by 36" STOP AHEAD signs on Ten Mile Road .. and north and south of Pine Street. The installation shall also 5!: require 18" by 6" ALL WAY STOP supplementary plates on the two ~ new STOP signs and the two existing STOP signs. n 5.7 t4 All requirements within the Sij:e Specifie Requirements and Standard Requirements shall also be met from the ACHD's August 15,2000 DEVELOPMENT AGREEMENT - (AZ-OO-006) - 7 . ',~ ~ ~ n . ~ ~ I." .. ,'!t' .,}. . letter; except to the extent modified by any findings or order adopted . by the Meridian City Council. 5.8 Development of a transportation management plan in)ccordination with ACHD Commuteride Program. The transportation management plan should be submitted to the Highway District for review and approval. Identify how the development shall meet a 10% trip reduction goal during peak hour traffic, and also provide short and long term scenarios for trip reduction goals. .1 . 5.9 In addition to the ACHD requirements, cross walks shall be placed at both Ten Mile Road and Pine Street for pedestrian comfort and safety, especially the children walking to and from school (across Pine Street). 5.10 The property shall be subject to de-annexation to the previous RT ~ zone if the property is not developeq as agreed and assured upon by the developer in the companion preliminary plat and conditional use pMffiit. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer/Owner" or "Developer/Owner"'s heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Dev~lopment of subject "PropertYS' of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied wi~ the notice and hearing procedures as outlined in I.C. ~ 67- 6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer/Owner" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" to which the default applies subject to and conditioned upon the following conditions precedent to-wit:,. .'j ~,. ... ;;..~ DEVELOPMENT AGREEMENT - (AZ-OO-006) - 8 ... ~ ~_. ,:; ..= r ~~ ~ ~) ~ :! . ~ 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer/Owner" and if the "Developer/Owner" ~ fails to cure such failure within six (6) months of such notice. '"I 8. INSPECTION: "Developer/Owner" 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 "C~.ty" that apply to said Development. ~ 9. DEFAULT: tI 9.1 In the event "Developer/Owner", "Developer/Owner"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail t9 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 with respect to the "Property" which is in default by the "City" upon compliance with the requirements of the Zoning Ordinance. ... 9.2 A waiver by "City" of any default by "Developer/Owner" of anyone or more of the covenants or conditians 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. l'(; 10'~ REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer/Owner'" s cost, and submit proof of such recording to "Developer/Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate: instrument of release of this Agreement. DEVELOPMENT AGREEMENT - (AZ-OO-006) - 9 ;e ti"1 . y~ &l i:~ " . oil ~ ~ ~ ~ ~'" i-:~ " ....11 ~ 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. s A 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer/Owner", or by any suc~ssor or successors in title or 3:>Y the assigns of the parties hereto. Enforcement ma, be sought by arPappropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. ,l.:, 12.1 ~ In the event of a material breach of this Agreement, the parties agree that "City" and "Developer/Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party sha11 commence to .~ure the same within such thir;ty .@' 1..1 to. . I. , (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 cy:ring of the same -Mth diligence and continuity. ~' .~ ~ a 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer/Owner" or "City" is delayed for :'~ causes"'which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the fi time for ,.such performance shall qe extended by the amount of time of such delay. 13. SURETY ..OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code ~12-5-3, to insure that installation of the improvements -required in section 5 of this agreement, which the "Develo~er/Owner" agrees to provide, if required by the "City". ~ ~ :l1 DEVELOPMENT AGREEMENT - (AZ-OO-006) - 10 ~ ~J: .1 " ~ ~4", Lt. ;~ "I t;! ~'":, III .. 14. CERTIFICATE OF OCCUPANCY: The "Developer/Owner" agrees that no Certificates of Occupancy will be issued until all improvements required in section 6 of this agreement ~re completed, unless the "City" and .. " "Developer/OWner" have entered into an addendum agreement stating when the improvements required in section 5 of this agreement will be completed in a phased development; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements required in section 6 of this agreement have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer/Owner" agrees to abide by all ordinances of the City of Meridian and "Property" as the case may be 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. "f 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: do City Engineer City of N{.eridian 33 E. Idaho Ave. . Meridian,ID 83642 Gold River Companies, Inc. 2326 W. Rainwater Ct. Meridian, ID 83642 '"'"' ~ with copy to: (I OWNER: City Clerk City of Meridian 33 E. Idaho Ave. Merid~an, ID 83642 David and Shirley Fuller ~90 N. Ten Mile Road Meridian, ID 83642 .,1 DEVELOPMENT AGREEMENT - (AZ-OO-OO~) - 11 ..~ a'll r,: . ~ rfi ~ . IC :..~ ~ ~ I' ..1 )~: 16.1 A party shall have the right to change its address by deliveringl'to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and.~,shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto~acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a <\~fault under this Agreement by the other party so failing to perform. I ~~ 19. BINDING UPON SUCCESSORS: This Agreement shall be~inding 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 tli~ owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing hereiti shall in any way prevent sale or aliepation of the "Property", or port~ons thereof, except that any sale or alienation shall be subject to the prqvision~ 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 "Developer/Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and ~ ;.: reasonable discretion, had determined that "Developer/Owner" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provis\on 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 it;yalidity thereof shall not affect any of the other provisions contained herein. ~. 21~! FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between DEVELOPMENT AGREEMENT - (AZ-OO-006) - 12 ~ ... ,,-. a'll ~ ~ j~ ~ (;' ~ ;!"~ III I "Developer/Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer/Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent l!ialteration, amendment, change, addendum or addition to this Agreement shall be binding upon the parties hereto unless reducefi 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". 21.1 No condition governing the' uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment except that minor modification(s) of required improvements provided for in section 7 may be approved by City Public Warks and Planning and Zoning Staff~ if such changes are required or preferred by Ada County Highway District Staff. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Pr.operty" and execution of the Mayor and City Clerk. ~~ . id ~, II (i ;-: :(( . h (-3: DEvELOPMENT AGREEMENT - (AZ-OO-006) - 13 I I~ s;; .. ... ~~ ~ ~~ ;:y) ~ '.j )' ~ ;t: I' ...., ..~ I~ ::::ii ACI<NOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER: GOLD RIVER COMPANIES, INC. ! BY: . =-= Vicki Welker 7 President ~t'j .~,. ATTEST: :,;:! Valeri IGllian, Secretary BY RESOLUTION NO. :=-~ :lI :! II OWNER: David Fuller .) Shirley Fuller ~ /:; DEVELOPMENT AGREEMENT - (AZ-OO-006) - 14 I) ~ ~ {~" . ::..: E r1I CITY OF MERIDIAN BY: MAYOR ROBERT D. CORRIE I ~j1J: Attest: !t CITY CLERI( BY RESOLUTION NO. :.,; STATE OF IDAHO COUNTY OF ADA ) :ss ) :-.:t .. On this day of ; in the year 2000, before me, a Notary Public, in and for said County and State, personally appeared Vicki Well<er and Valeri IGllian, President and Secretary of Gold River Companies, Inc., an Idaho corporation, known or identified to me ttt be the persons who executed the . II ,.,..~ .. . Instrument and acknowledged to me that they dId execute the foregOIng Instrument on behalf of said corporation. Ie :-; ~ -;,j. ~ (SEAL) Notary Public My Commission expires: ~ .;s. . :Ii 1"'1 DEVELOPMENT AGREEMENT - (AZ-OO-006) - 15 :..~ t: !; ))! ... ~ . ~~ ~ ~~:~ '"I '~, :ai; STATE OF IDAHO ., :ss County of Ada On this ) day of , in the year 2000, before me, a Notary Public, personally appeared David Fuller and Shirley Fuller, husband and'~ wife, known or identified to me to be the persons who executed the above and foregoing instrument, and acknowledged to me that they executed the same. t: ~ .. = (SEAL) . Notary Public for Idaho Commission expires: I; . ~If I,". STATE OF IDAHO ) ... . :ss~ County of Ada ) On this day of , in the year 2000, l?efore me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identined to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (sEAL) :! Notary Public for Idaho Commission expires: :,....: !:< msyjZ:\Work\M\Mtridian\M~ridian 15360M\Valeri Heights AZ\DevelopAgr s: ;:j ~ DEVELOPMENT AGREEMENT - (AZ-OO-006) - 16 ~J ~;, ~ ~~ ~ . . ....11 ... ~ "IIi i y ....11 Iii! t)j ~o( EXHIBIT A AZ-OO-006 LEGALS FOR R-15 AND L-O ~'II: (R-15) Medium High Residential District: ~ A parcel of land situated in a portion of the 51/2 of the NWI/4 of Section II T.3N., R. I W., B.M., Ada County, Idaho and being particularly described as follows: Commencing at a brass cap marldng the W 1/4 corner of said Section II, thence along the West line of said NW 1/4 N 00025'27" E a distance of 460.09 feet to a point from which a brass cap rnarldng the NW comer of said Section bears N 00025'27" E a distance of 2196.33 feet said point being the POINT OF BEGINNING; Thence continuing along said Section line N 00025'27" E a distance of 239.80 feet to a 5/8 inch rebar; Thence leaving said Section S 87035'23" E a distance of S07.94 feet to a'SIB inch rebar; Thence N 80040'45" E a distance of 344.45 feet to a point; · i) Thence S 61201'27" E a distante of 14.33 feet to a point; ~~ y! .~.~ (; Thence S 00049'03" W a distance of 739.62 feet to a 5/8 illch rebar; ~hence along the South line of said N\fl/4'N 89010'57" W a distance of 485.79 feet to a point; "Uk , . Thence leaving said Section line N 00049'03" E a distance of 86.04 feet to a point; I:! II >J Thence along the arc of a curve to the right having a radius of 100.00 feet, a central angle of 22004'49", an arc lengthlof 38.54 feet and a long chord of 38.30 feet-bearing N II 051 '28" E to a point; . I": ., DEVELOPMENT AGREEMENT - (AZ-OO-006) - 17 ~ .: , ~ ~ ~ ~ 1'11I4 ~ I~ ~ Thence N 22053'52" E a distance of 51.44 feet to a point; Thence N 67006'08" W a distance of 43.08 feet to a point; . ~ ~, Thence N 89010'57" W a distance of 156.38 feet to a point; Thence N 00025'27" E a distance of 273.96 feet to a,point; 't~ ill, Thence N 89034'33" W a distance of 200.50 feet to the POINT OF BEGINNING. Said parcel contains i O~96 acres more or less and is subject to all existing easements and rights-of-way of record or implied. .-: c and ~! . M; (L-O) Limited Office District: A parcel of land situated in a portion of the S Ih of the NW 1/4 of Section t. II, T. 3N., R. 1 W., B.M., Ada County, Idaho and being particularly described as follows: BEGINNING at a brass cap marl<.ing the W 1/4 com~l" of said Section, thence along the West line of said NWl/4 N 00025127" E a distance of 460.09 feet to a point from which a brass cap marldng the NW cqpter of said Section bears N 00025'27" E a distance of 2196.33 feet; '';;:''; ~ Thence leaving said Section line S 89034'33" E a distance of 200.50 feet to a point; :41 "l Thence S 0025'27" W a distance of 273.96 feet to a point; Thence S 89010'57" E a distance of 156.38 feet to a point; ... Thence S 67006'08" E a distance of 43.08 feet to a point; ~ ~ Thence S 22053'52" W a distance of 51.44 feet to a point; DEVELOPMENT AGREEMENT - (AZ-OO-006) - 18 !.\: ~ !l . ~ "i . ~ -;.~ .;:: :-:1 ... ~ ~ r. -. i:1I Thence along the arc of a curve to the left having a radius of 100.00 feet, a central angle of 22004'49", an arc length of 38.54 feet and a long chord of 38.30 feet bearing S 11051 '28" W to a point; w Thence S 0049'03" W a distance of 86.04 feet to a point; Thence along the South line of said NWI/4 N 89010'57" W a distance of 368.85 feet to the POINT OF BEGINNING. ;<< Said parcel contains 2.87 acres more or less and is subiect to all existing easements and rights-af-way of record or implied. ~.- ..~ ~ ~ ,U ~ : 1 a'll !i T; ~ ... DEVELOPMENT AGREEMENT - (AZ-OO-006) - 19 :::..: ~' , ~ rA; :1 .: a'll ... i ~ ~~ .,; !"~ ~ {~ . :"1 tl,J it1 . . ~ EXHIBIT B AZ-OO-006 :to Findings of Fact and Conclusions of Law/Conditions of Approval . ~ 'fI.:' i~ .t:: ~ \~'I DEVELOPMENT AGREEMENT - (AZ-OO-006) - 20 . :, l..t , ~ ;t}( :,; r-::; interoffice :MEMORANDUM To: William G. Berg, Jr From: Marlene St. Georg : Subject: Valeri Heights Development Agreement ~:. ~ 0.. Date: December 7, 2000 Will: Pursuant to your telephone call to me this afternoon, please find attached a new original page 1 0 to the above development agreement. Please note that on page 10 at number 13, the section has been changed to 5. Please insert this new page into the agreement. ~~;J: I\~you need anything further, please advise. ,).: W: ~:. \~ .. N :,,;.; ;'.!: ;... 15360M\Valeri ~ if ~ ~ ~~ I' !f~: 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer/Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equit~ to secure .~ the specific performance of the"covenants, agreem~nts, conditions, and 'Obligations contained herein. · 'l'i II 12.1 ~ In the event of a material breach of this Agreement, the parties agree m ~ that "City" and "Developer/Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that inlJ.he 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 ~uch failure may be extended for such period as may be necessarj1.o ~ complete the curing of the same with diligence and continuity. ... HI 12.2 In the event the performance of any covenant to be performed hereunder by~~ither "Developer/Owner" or "City" is delayed for ~ causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for ~uch performance shall be extended by the amount of time of such delay. .. 13. SURETY OF PERFORMANCE: Thea...."City" may also require surety bonds, irrevocable letters of credit, cash d~posits, certified check or negotiable bonds, as allowed under Meridian City Code ~12-5-3, 10 insure that installation of the improvements required in section 5 of this agreement, which the ,_! "Developer/Owner" agrees to provide, if required by the "City~'. . '...1 PEVELOPMENT AGREEMENT - (AZ-OO~006)~ 10