HomeMy WebLinkAboutBear Creek 6 Kodiak AZ Dev. Agt
PARTIES:
ADA COUNTY RECDRDER J. DAVID NAVARRO
BOISE IDAHO OBN4/03 12:32 PM
DEPUTY Michelle Turner
RECORDED - REQUEST OF
Meridian Cily
AMOUNT .00
30
1111111111111111111111111111111111111
103137113
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DEVELOPMENT AGREEMENT
Revised July II, 2003
(Ownership Change fÌ'om
Kodiàk (Jim Jewett) to Bear
Creek, LLC)
1.
2.
City of Meridian
Bear Creek, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 5I'Å day of ~6 ,2003, by and between CITY OF
MERIDIAN, a municipal corporatIOn the State of Idaho, hereafter called "CITY", and
BEAR CREEK, LLC, an !dàho Limited Liability Company, hereinafter called
"OWNER/DEVELOPER", whose address is P.O. Box 344, Meridian, Idaho 83680.
I.
RECITALS:
1.2
1.3
1.4
1.5
1.1
WHEREAS, "Owner/Developer" is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State ofIdàho,
described in Exhibit A, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
WHEREAS, LC. §67-651 lA, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the "Owner/Developer" màke a written commitment
concerning the use or development of the subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the armexation and/or re-zoning of
land; and
WHEREAS, "Owner/Developer" has submitted an application for
armexation and zoning of the "Property" described in Exhibit A,
and has requested a designation of R-8 Medium Density
Residential District, (Municipal Code of the City of Meridian); and
WHEREAS, "Owner/Developer" made representations at the
public hearings both before the Meridian Planning & Zoning
DEVELOPMENT AGREEMENT (AZ-OO-O26) - 1
1.6
1.7
1.8
Commission and before the Meridian City Council, as to how the
subject "Property" will be developed and what improvements will
be made; and
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
before the Planning & Zoning Commission, and subsequently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment;
and
WHEREAS, City Council, the 31.:!!-dayof ~
2001, has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which are
attached hereto and by this reference incorporated herein as if set
forth in full, hereinafter referred to as (the "Findings"); and
WHEREAS, the "Findings" require the "Owner/Developer" enter
into a development agreement before the City Council tàkes final
action on annexation and zoning designation; and
1.9
"OWNER/DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and
requests; and
1.10
WHEREAS, "City" requires the "Owner/Developer" to enter into
a development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use ofthe "Property" is
in accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence
received by the "City" in the proceedings for annexation and
zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected property
owners and to ensure annexation and zoning designation is in
accordance with the Comprehensive Plan of the City of Meridian
adopted December 21,1993, Ordinance #629, January 4, 1994, and
the Zoning and Development Ordinances codified in Meridian City
Code Title 11 and Title 12.
DEVELOPMENT AGREEMENT (AZ-OO-O26) - 2
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as
herein provided for, unless the clear context of the presentation ofthe same requires
otherwise:
3.1
3.2
3.3
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state ofIdaho, organized and existing by virtue
oflaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
"OWNERIDEVELOPER": means and refers to Bear Creek,
LLC, an Idaho Limited Liability Company, whose address is P.O.
Box 344, Meridian, Idaho 83680, the party developing said
"Property" and shall include any subsequent owner{s)/developer(s)
of the "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit "A", attached hereto and by this reference
incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
4.2
The uses allowed pursuant to this Agreement are only those uses allowed
under "City's" Zoning Ordinance codified at Meridian City Code Section
11-7-2 (0) which are herein specified as follows:
Construction and development of a possible planned unit development.
No change in the uses specified in this Agreement shall be allowed
without modification ofthis Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" is required
to submit to "City" an application for conditional use permit, and shall be required to obtain the
DEVELOPMENT AGREEMENT (AZ-OO-O26) - 3
"City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria,
therein, provided, prior to, and as a condition of, the commencement of construction of any
buildings or improvements on the "Property".
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A
"Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
Adopt the Recommendations of the Planning and Zoning and Engineering Staff as
follows:
6.1
6.2
6.3
6.4
6.5
6.6
6.7
The requested R-8 zone is permitted and compatible with the comprehensive plan
designation of single-family residential and shall allow the proposed mix of
residential, RV storage and day care center under a Conditional Use Permit.
The easterly portion of the subject property can be adequately served by an
extension of the existing sanitary sewer and water located in the Elk Run
Subdivision. Development of the westerly portion of the parcel shall require
extension of the future Black Cat Trunk Sewer.
The proposed R-8 zone and mixed use development concepts shall be compatible
with and provide a good transition between the church/planned development to
the south and the single-family residential to the north.
Applicant shall be required to enter into a Development Agreement with the City
as a condition of annexation.
A condition of the Development Agreement shall be that the build-out gross
density of the entire 5.4-acre parcel shall not exceed four (4) dwelling units per
acre, although housing types permitted under the R-8 zone will be permitted.
A condition of the Development Agreement shall be that future development and
use of the subject property shall occur only through the Conditional Use Permit
process.
Approximately half of the subject parcel is designated to sewer into the Black
Cat Trunk which shall be constructed in the future through Bear Creek
Subdivision to the west. The other half, fronting Kuna-Meridian Road, is
designated to sewer into the 12-inch sewer that shall be extended from Elk
Run Subdivision. The Bear Creek Subdivision lift station shall be designed to
serve only itself. The lift station shall discharge into an existing eight-inch
gravity sewer line in Overland Road which shall be at or over capacity at
DEVELOPMENT AGREEMENT (AZ-OO-O26) - 4
build-out of Bear Creek Subdivision. The Bear Creek developer and his
engineer are aware that as additional phases are developed, flows into the
eight-inch receiving sewer shall be monitored and, if capacity is exceeded,
they shall be required to re-route the pressure sewer to the Ten Mile Trunk
along the east-bound off ramp ofl-84. As per P&Z Commission and Council
approval of the Bear Creek project, the lift station is being sized only for Bear
Creek Subdivision. No provisions are being made for any other development
to sewer into it, including Kodiàk.
Adopt the additional condition and action ITom City Council's meeting held on
March 20,2001, as follows:
6.8
Applicant shall provide any and all necessary easements so that the sewer
extension maybe constructed through the property without any obstructions.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "Owner/Developer" or "Owner/Developer's" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing
Development of subject Property" ofthis agreement within two years of the date this
Agreement is effective, and after the "City" has complied with the notice and hearing
procedures as outlined inl.C. § 67-6509, or any subsequent amendments or
recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/Developer" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned upon the
following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply
with this Agreement to "OwnerlDeveioper" and ifthe
"Owner/Developer" fails to cure such failure within six (6) months
of such notice.
9. INSPECTION: "Owner/Developer" shall, immediately upon completion
of any portion or the entirety of said development of the "Property" as required by this
agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
DEVELOPMENT AGREEMENT (AZ-OO-O26) - 5
thereof in accordance with the terms and conditions of this Development Agreement and
all other ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1
10.2
In the event "Owner/Developer", "Owner/Developer's" heirs,
successors, assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to
faithfully comply with all of the terms and conditions included in
this Agreement in connection with the "Property", this Agreement
may be modified or terminated by the "City" upon compliance with
the requirements of the Zoning Ordinance.
A waiver by "City" of any default by "Owner/Developer" of any
one or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any
other rights or remedies of "City" or apply to any subsequent
breach of any such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum ofthis Agreement or this Agreement, including all of the Exhibits, at
"OwnerlDeveloper's" cost, and submit proof of such recording to "Owner/Developer",
prior to the third reading of the Meridian Zoning Ordinance in connection with the
annexation and zoning of the "Property" by the City Council. If for any reason after such
recordation, the City Council fails to adopt the ordinance in connection with the
annexation and zoning of the "Property" contemplated hereby, the "City" shall execute
and record an appropriate instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either City" or "Owner/Developer", or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be sought by
an appropriate action at law or in equity to secure the specific performance of the
covenants, agreements, conditions, and obligations contained herein.
13.1
In the event of a material breach of this Agreement, the parties
agree that "City" and "Owner/Developer" shall have thirty (30)
days after delivery of notice of said breach to correct the same prior
DEVELOPMENT AGREEMENT (AZ-OO-O26) - 6
to the non-breaching party's seeking of any remedy provided for
herein; provided, however, that in the case of any such default
which carmot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall prosecute the
curing of same with diligence and continuity, then the time allowed
to cure such failure may be extended for such period as may be
necessary to complete the curing ofthe same with diligence and
continuity.
13.2
In the event the performance of any covenant to be performed
hereunder by either "Owner/Developer" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount oftime
of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code §12-5-3, to insure that installation of the
improvements, which the "Owner/Deve1oper" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees
that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Owner/Developer" have entered into an addendum agreement
stating when the improvements will be completed in a phased developed; and in any
event, no Certificates of Occupancy shall be issued in any phase in which the
improvements have not been installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer"
agrees to abide by all ordinances of the City of Meridian and the "Property" shall be
subject to de-armexation if the owner or his assigns, heirs, or successors shall not meet
the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
DEVELOPMENT AGREEMENT (AZ-OO-O26) - 7
CITY:
OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Bear Creek, LLC, an Idaho Limited Liability
Company
P.O. Box 344
Meridian, Idàho 83680
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
17.1
A party shall have the right to change its address by delivering to
the other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable attorney's
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the parties' respective heirs, successors, assigns and
personal representatives, including "City's" corporate authorities and their successors in
office. This Agreement shall be binding on the owner of the "Property", each subsequent
owner and any other person acquiring an interest in the "Property". Nothing herein shall
in any way prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any successor owner or
owners shall be both benefitted and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Owner/Developer", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
DEVELOPMENT AGREEMENT (AZ-OO-O26) - 8
and reasonable discretion, had determined that "Owner/Developer" has fully performed
its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
ITom this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner/Developer" and
"City" relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"Owner/Developer" and "City", other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed
by them or their successors in interest or their assigns, and pursuant, with respect to
"City", to a duly adopted ordinance or resolution of "City".
22.1
No condition governing the uses and/or conditions governing
development of the subject "Property" herein provided for can be
modified or amended without the approval of the City Council
after the "City" has conducted public hearing(s) in accordance with
the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-OO-O26) - 9
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
BEAR CREEK, LLC, an Idaho Limited
Liability Company
Attest:
BY*c t Æ:::
BY;
BY RESOLUTION NO.
-
CITY OF MERIDIAN
Attest:
B~_=:¿
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DEVELOPMENT AGREEMENT (AZ-00-O26) - 10
STATE OF IDAHO)
:ss
COUNTY OF ADA)
On this 7) -I-h day of , Jtu. 'ìu..* ' in the year 2003, before
me, ~«V\ SVI'\Á,};k; a Notary Public, personally appeared
~u'¥ ;).¡,Vw\$.óV\...> and - members of
Bear Creek, LC, an Idaho LImIted Llablhty Company, known or Identtfied to me to be one
of the members of the Limited Liability Company who executed the instrument and the
member who subscribed said Limited Liability Company and acknowledge to me that such
Limited Liability Company having executed the same.
(SEAL)
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STATE OF IDAHO)
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County of Ada
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Notary Public for Idaho
Commission expires: tf- 2 <g-D5
Z:\ WorklMlMeridianlMeridian 15360MlKndiak AZOZ6\DevelopAgr.doc
DEVELOPMENT AGREEMENT (AZ-OO-O26) - 11
EXHIBIT A
Lel!al Description Of Property
A parcel ofland located in the NE \4 of the SE \4 of Section 24, Township 3 North,
Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more
particularly described as follows:
COMMENCING at the northeast comer of the SE \4 (East \4 comer) of Section 24,
T.3N., R. I W., B.M., thence N 89°27'07" W 65.00 feet along the north line of said
SE \4 to a point on the westerly right of way ofthe Kuna-Meridian Highway;
Thence S 00°39'02" W 185.77 feet along said right of way to a point;
Thence N 8r08'00" W 32.35 feet to a point;
Thence N 89°27' 12" W 395.98 feet to the REAL POINT OF BEGINNING of this
description;
Thence N 89°27'12" W 821.92 feet to a point on the west line of the NE \4 of the SE
\4;
Thence S 00°45'52" W 95.51 feet along said west line to a point;
Thence S 89°27'07" E 779.42 feet to a point;
Thence N 24°42'55" E 104.71 feet to the REAL POINT OF BEGINNING of this
description. This parcel contains 1.756 acres, more or less.
EXCEPT:
A parcel ofland located in the NE \4 of the SE \4 of Section 24, Township 3 North,
Range I West of the Boise Meridian, Meridian, Ada County, Idaho, being more
particularly described as follows:
Commencing at the northeast comer of the SE \4 (East \4 comer) of Section 24,
T.3N., R.l W., B.M., thence N 89°27'07" W 65.00 feet along the north line of said SE
114 to a point on the westerly right of way of the Kuna-Meridian Highway, the REAL
POINT OF BEGINNING of this description;
Thence S 00°39'02" W 185.77 feet along said right of way to a point;
DEVELOPMENT AGREEMENT (AZ-OO-O26) - 12
Thence N 87008'00" W 32.35 feet to a point;
Thence N 89027'12" W 395.98 feet to a point;
Thence N 24042'55" E 9.61 feet to a point;
Thence N 48033'22" E 243.90 feet to a point;
Thence N 85028'57" E 141.94 feet to a point on the north line of said SE ~;
Thence S 89027'07" E 102.05 feet to the REAL POINT OF BEGINNING ofthis
description. This parcel contains 1.387 acres, more or less.
DEVELOPMENT AGREEMENT (AZ-OO-O26) - 13
EXHIBIT B
Findinl!s of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-OO-O26) - 14
BEFORE THE MERIDIAN CITY COUNCIL
C/C 03.20-01
IN THE MATfER OF THE
APPLICATION OF HUBBLE
ENGINEERING, THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 5.4 ACRES FOR KODIAK
DEVELOPMENT, LOCATED
WEST OF MERIDIAN ROAD 1h
MILE SOUTH OF OVERLAND
ROAD, MERIDIAN, IDAHO
Case No. AZ-OO-O26
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on for
public hearing on February 20,2001, and continued until March 6, 2001 and March
20,2001, at the hour of 7:30 p.m" and Gary Smith, Public Works Department,
appeared and testified, and appearing on behalf of the Applicant was Jim Jewett, and
no one appeared in opposition, and the City Council having duly considered the
evidence and the record in this matter therefore makes the following Findings of Fact
and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVEWPMENT I (AZ-OO-O26)
Page 1
FINDINGS OF FACT
1.
The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for February 20,2001, and continued until March 6, 2001 and March 20,
2001, 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 external 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
television stations as public service announcements; and the matter having been duly
considered by the City Council at the February 20, 2001, and continued until March
6,2001 and March 20,2001, public hearing; and the applicant, affected property
owners, and government subdivisions providing services witlún the planning
jurisdiction of the City of Meridian, having been given full opportunity to express
comments and 'submit evidence.
2.
There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5
and 11-16-1.
3.
The City Council takes judicial notice of its zoning, subdivisions and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT / (AZ-00-026)
Page 2
development ordinances codified at Titles I I 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, Janua¡y 4,1994. and maps and the
ordinance establishing the Impact Area Bounda¡y.
4.
The property which is the subject of 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 5.4 acres in size and is located west of
Meridian Road Y2 mile south of Overland Road. The property is designated as
Kodiak Development.
6.
The owner of record of the subject property is the Jim Jewett, of Boise,
Idaho.
7.
Applicant is Hubble Engineering, Inc., of Meridian. Idaho.
8.
The property is presently zoned by Ada County as RUT, and consists of
Residential.
9.
The Applicant requests the property be zoned as R-B.
10.
The subject property is bordered to the north and west by R-4
residential wning and subdivisions, to the south by the proposed Valley Shepherd
Church, zoned RoB, and to the east by RUT Ada County zoning with a single family
residential use and heavy truck parking.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERlNG
KODW( DEVELOPMENT / (AZ-OO-O26)
Page 3
11.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12.
The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service PIanningArea as defined in the Meridian
Comprehensive Plan.
13.
The Applicant proposes to develop the subject property in the following
manner: a possible planned unit development.
14.
The Applicant requests zoning of the subject real property as R-B which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Single Family Residential.
IS.
There are no significant or scenic features of major importance that
affect the consideration of this application.
16.
Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Recommendations of Planning and Zoning and Engineering staff as
follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT / (AZ-OO-O26)
Page 4
16. I The requested R-8 zone is permitted and compatible with the
comprehensive plan designation of single-family residential and shall
allow the proposed mix of residential, RV storage and day care center
under a Conditional Use Permit.
16.2 The easterly portion of the subject property can be adequately served by
an extension of the existing sanitary sewer and water located in the Elk
Run Subdivision. Development of the westerly portion of the parcel
shall require extension of the future Black Cat Trunk Sewer.
16.3 The prpposed R.8 zone and mixed use development concepts shall be
compatible with and provide a good transition between the
church/planned development to the south and the single-family
residential to the north.
16.4 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
16.5 A condition of the Development Agreement shall be that the build-out
gross density of the entire S.4-acre parcel shall not exceed foUI (4)
dwelling units per acre, although housing types permitted under the R-B
zone will be permitted.
16.6 A condition of the Development Agreement shall be that future
development and use of the subject property shall OCCUI only through
the Conditional Use Permit process.
16.7 Approximately half of the subject parcel is designated to sewer into the
Biack Cat Trunk which shall be constructed in the future through Bear
Creek Subdivision to the west. The other half, fronting Kuna-Meridian
Road, is designated to sewer into the 12-inch sewer that shall be
extended from Elk Run Subdivision. The Bear Creek Subdivision lift
station shall be designed to serve only itself. The lift station shall
discharge into an existing eight-inch gravity sewer line in Overland Road
which shall be at or over capacity at build-out of Bear Creek
Subdivision. The Bear Creek developer and his engineer are aware that
as additional phases are developed, flows into the eight-inch receiving
FINDINGS OF FACT AND CONCLUSIONS OF LAW .
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT / (AZ-OO-O26)
Page 5
sewer shall be monitored and, if capacity is exceeded, they shall be
required to re-route the pressure sewer to the Ten Mile Trunk along the
east-bound off ramp of 1-84. As per P&Z Commission and Council
approval of the Bear Creelc project, the lift station is being sized only for
Bear Creelc Subdivision. No provisions are being made for any other
development to sewer into it, including Kodialc.
Adopt the additional condition and action from City Council's meeting held
on March 20, 2001, as follows
16.8 Applicant shall provide any and all necessary easements so that the
sewer extension may be constructed through the property without any
obstructions.
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-parts, 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
condition of annexation and zoning designation.
18.
It is also found that the development considerations as referenced in
Finding No. 16 are reasonable to require and must be taken into account, in order to
assure the proposed development is designed, constructed, operated and maintained
in a manner which is harmonious and appropriate in appearance with the existing, or
intended character of the general vicinity, in order to assure that the proposed use
will not change the essential character of the affected vicinity and will insure that the
proposed uses Will not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
FINDINGS OF FACT AND CONCLUSIONS OF lAW -
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT I (AZ-OO-O26) .
Page 6
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
19.
It is found that the zoning of the subject real property as Medium
Density Residential District (R-B) 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 with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as single-family
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 The 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 ordinance of the City to ail applications such as the
subject application.
20.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
20.3 The application is consistent with Meridian's self identity.
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
FINDINGS OF FACT AND CONCLUSIONS OF lAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT / (AZ-00-026)
Page 7
Comprehensive Plan and the zoning ordinance of the City to the subject
application.
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
balanced 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 aclûeved by applying the criteria of the Comprehensive
Plan and the zoning ordinance of the City to the subject application.
21.
The property can be physically serviced with City water and sewer.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may
annex real property that is within the Meridian Urban Service Planning Area as set
forth in the City's Comprehensive Plan.
2.
The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use PI
Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of' omprehensive Plan, City of Meridian, adopted
FINDINGS OF FACT AND CO CLUSIONS OF LAW -
AND DECISION AND ORDER RANTING APPLICATION
FORANNBXATION AND 20 NG/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT / ( -00-026)
Page 8
December 21, 1993, Ord. No. 629, January 4, 1994.'
4.
The following are fo1.U1d to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.A
4.2
4.3
4.4
4.5
4.6
The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1
To preserve Meridian's environmental quality and to make
provisions for and improve the total natural enviromrient
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
programs.
To ensure that growth and development occur in an
orderly fashion in accordance 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.
To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing 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.
To provide housing opportunities for all econoDÙC groups
within the community.
To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT / (AZ-OO-O26)
Page 9
available to all residents of the City.
4.7
To provide comrnuruty services to fit existing and projected
needs.
4.8
To establish compatible and efficient use ofland through
the use of innovative and functional site design.
4.9
To encourage a balance of land 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.
5.
The zoning of Medium Density Residential District (R-8) is defined in the
Zorung Ordinance at § 11-7-2 D as follows:
(R-B) Medium Densiw Residential District: The purpose of the R-8 District
is to permit the establishment of single- and two-farrùly dwellings at a density not
exceeding eight (8) dwelling units per acre. This District delineates those areas
where such development has or is likely to occur in accord with the
Comprehensive Plan of the City and is also designed to permit the conversion of
large homes into two-family dwellings in well-established neighborhoods of
comparable land use. Connection to the Municipal water and sewer systems of
the City is required.
6.
By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a possible
planned urut development.
7.
Since the annexation and wrung of land is a legislative function, the City
has authority to place conditions upon the ànnexation of land. See Burt vs. The City of
Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
FINDINGS OF FACT AND CONCLUSIONS OF lAW -
10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT / (AZ-00.026)
Page
8.
The development of the annexed land, if annexed, shall meet and comply
with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-
4 which pertains to d~lopment 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 irrigation systems.
9.
The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinances of the City of Meridian.
10.
Section 11-16-4 A of the Zoning and Development Ordinance provides in
part as follows:
If property is annexed and wned, the City may require or pemút, as a condition
of the zoning, that an owner 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 effect upon the adoption of the ordinance annexing and zoning the property,
or prior if agreed toby the owner of the parcel. Unless the commitment is
modified or terminated by the City Counàl, the commitment shall be binding on
the owner 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
11
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT / (AZ-OO-O26)
Page
DECISION AND ORDER
NOW, UlEREFORE, 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 5.4
acres to Medium Density Residential District (R-8) is granted subject to the terms and
conditions of this Order hereinafter stated.
2.
The application is for annexation and zoning of 5.4 acres. The legal
description shal1 be prepared by a Registered Land SUIVeyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexatiòn must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3.
Developer enter into a Development Agreement that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development, to-wit:
Adopt the Recommendations of Planning and Zoning and Engineering staff as
follows:
3.1
The requested R-8 zone is permitted and compatible with the
comprehensive plan designation of single-family residential and shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT / (AZ-OO-O26)
Page
3.4
3.5
3.6
3.7
allow the proposed mix of residential, RV storage and day care center
under a Conditional Use Permit.
3.2
The easterly portion of the subject property can be adequately served by
an extension of the existing sanitary sewer and water located in the Elk
Run Subdivision. Development of the westerly portion of the parcel
shall require extension of the future Black Cat Trunk Sewer.
3.3
The proposed R-B zone and mixed use development concepts shall be
compatible with and provide a good transition between the
church/plarmed development to the south and the single-family
residential to the north.
Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
A condition of the Development Agreement shall be that the build-out
gross density of the entire 5.4-acre parcel shall not exceed four (4)
dwelling units per acre, although housing types permitted under the R-B
zone will be permitted.
A condition of the Development Agreement shall be that future
development and use of the subject property shall occur only through
the Conditional Use Permit process.
Approximately half of the subject parcel is designated to sewer into the
Black Cat Trunk which shall be constructed in the future through Bear
Creek Subdivision to the west. The other half, fronting Kuna-Meridian
Road, is designated to sewer into the 12-inch sewer that shall be
extended from Elk Run Subdivision. The Bear Creek Subdivision lift
station shall be designed to serve only itself. The lift station shall
discharge into an existing eight-inch gravity sewer line in Overland Road
which shall be at or over capacity at build-out of Bear Creek
Subdivision. The Bear Creek developer and his engineer are aware that
as additional phases are developed, flows into the eight-inch receiving
sewer shall be monitored and, if capacity is exceeded, they shall be
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT / (AZ-OO-O26)
Page
required to re-route the pressure sewer to the Ten Mile Trunk along the
east-bound off ramp of 1-84. As per P&Z Commission and Council
approval of the Bear Creek project, the lift station is being sized only for
Bear Creek Subdivision. No provisions are being made for any other
development to sewer into it, including Kodial<.
Adopt the additional condition and action from City Council's meeting held
on March 20, 2001, as follows
3.8
Applicant shall provide any and all necessary easements so that the sewer
extension may be constructed through the property without any
obstructions.
4.
The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real property
which is the subject of the application to (R-B) Medium Density Residential District,
and Meridian City Code § 11-7-2 D.
5.
Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided in
Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and
zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
14
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT / (AZ-OO-O26)
Page
NOTICE OF FmALACTION
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the azmexation and zoning and who may within twenty-eight (28) days after the date
of this decision and order seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
?P-ß
By action of the City Council at its regular meeting held on the ¿/ ""'-- day
of
~
,2001.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED~
COUNCILMAN KEITH BIRD
VOTED~
COUNCILWOMAN TAMMY deWEERD
VOTED~
COUNCILWOMAN CHERIE McCANDLESS
VOTED~
MAYOR R°'4-? D. CORRIE (TIE BREAKER)
DATED: -:J-tJ/
VOTED -
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
15
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT / (AZ-OO-O26)
Page
MOTION: ~~_.
APPROVED~ DISAPPROVED:-
By:JI~Þ~
City Clerk
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney. . ;""""""","
,~;;~ ~~~~{~:.,
lfili'l"""'~:'" '\
Dated: 1-- .3-&/ !! '
Z:\Work\M\Meridian\Meridian lS36OM\Kadisk AZO26\AZPfCIsOnJer.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HUBBLE ENGINEERING
KODIAK DEVELOPMENT / (AZ-OO-O26)
Page