HomeMy WebLinkAboutSoda Springs DA AZ 03-023ADA COUNTY RECORDER J. DAVID NAVARRO ~
BOISE IDAHO 03112f04 11:19 AM
DEPUTY Kathy Ingraham
RECORDED-REQUEST OF II I IIIIII I IIIIIIIIIIIIIIIIIIIII II I III
Mendian 104027946
AMOUNT .00
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. ~ Charles L. Crecch, Sr. and Mary M. Creech, Owner
3. Clayton Record and Susan T. Record, Owner
4. JLJ Enterprises, Inc., 'Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 2~~ day of~~ir~.~j , 2004, by and between CITY OF
,MERIDIAN, a municipal corporation of the State of Idaho, hereafter cal led "CITY', and
CHARLES L. CREECH and MARY M. CREECH, husband and wife, whose address is
231.0 E. Victory Road, Meridian, Idaho 83642, hereinafter called "OWNER", and
CLAYTON RECORD and SUSAN T. RECORD, husband and wife, whose address is
4355 W. Victory Road, Meridian, Idaho 83642, hereinafter called "OWNER", and JL.I
Enterprises, Inc., whose address is 408 S. Eagle Road, Suite 103, Eagle, Idaho 83616,
hereinafter called "DEVELOPER".
RECITALS:
1.1 WHEREAS, "OWNER" is the sole owner, in taw and/or equity, oC
certain tract of land in the County of Ada, State of Idaho, described
in Lxhibit A for each o~~~ner, which is attached hereto and by this
reference incorporated herein as if scl forth in full, herein after
referred to as the "Property"; and
1.2 WHEREAS, LC. § 67-6511 A, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the "Owner" and/or "Developer" make a written commitment
concerning the use or development of the subject "`Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-]6-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Developer" has submitted an application For
am~exation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (R-8) Medium Density
Residential District, (Municipal Code ofthe City oFMeridian); and
DEVELOPMENT AGREL~~IEVT (AZ-0.-023)
PAGL ] OF 3d
1.5 WHEREAS, "Developer" made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject
"Property" will be developed and what improvements wi l l 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~~k~ ~~004,
has approved certain Findings ofFact and Conclusions o-FLaw and
Decision and Order, set forth in Exhibit B, which are attached
hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Owner" and "Developer" tc
enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
1.9 "OWNER" and "DEVELOPER" deem it to be in its best interest
to be able to enter into this Agreement and acla~owledges that this
Agreement was entered into voluntazily and at its urging and
requests; and
1.9 WHEREAS, "City" requires the "Owner" and "Developer" to
enter into a development agreement for the purpose of ens~u ing
that the "Property' is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions of this
development agreement, herein being estab}fished as a result of
evidence received by the "City" in the proceedings for a~mexation
and zoning designation from government subdivisions providing
services within the plamiing jurisdiction and from affected property
owners and to ensure annexation and zoning designation is in
accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and the
DE~'ELOPMEN'I' AGREEMENT (AZ-03-023)
PAGE 2 OF 34
Zoning and Development Ordinances codified in Meridian City
Code Title I 1 and Title ] 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 i,n full.
3. DEFINITIONS: For all purposes of this Agreement the Following words,
teens, 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. ] "CITY": means and refers to the City of Meridian, a party'Co 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 Tdaho
Avenue, Meridian, Idaho 83642.
3.2 "DEVELOPER": means and refers to .iLJ Enterprises, inc.,
whose address is 408 S. Eagle Road, Suite 103, Eagle, Idaho
83616, the party developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
3.3 "OWNER": means and refers to Charles L. Crecch, Sr. and Mai}
M. Creech, husband and wife, whose address is 2310 E. Victory
Road, Meridian, Idaho 83642, and Clayton Record and Susan T.
Record, husband and wife, whose address is 4355 W. Victory
Road, the parties owning said "Property" being developed and
shall include any subsequent owner(s)/developer(s) of the
"Property".
3.4 "PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-8 attached hereto and by this reference incorporated
herein as if set forth at length.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 3 OF 34
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at. Meridian City
Code Section 11-7-2 (Dl which are herein specified as follo~~-s:
Canstruclion and developneeM of a plarrnerl denelapment
consisting of 57 hui[dircg lots wish 9 other lots io a proposed R-S
or:e.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has
submitted to "City" an application for conditional use permit, and shalt be required to
obtain the "City's" approval thereof, in accordance to the City's Zoning & Development
Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement
of construction of any buildings or improvements on the "Property" that require a
conditional use permit.
C. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A "Developer" shall develop the "Property" in accordance with th'c
following special conditions:
ANNEXATION AND ZONING CONDITIONS:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
Remove any existing domestic wells and/or septic systems within this project from
Yheir domestic service per City Ordinance Section 5-7-517. Wells maybe used For
non-domestic purposes such as landscape irrigation.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
D E V ELO PM ENT AG RFEMENT (AZ-03-023 )
PAGE 4 OF 34
The phasing plan may require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have a turn around.
2. All roads shall have a turning radius of 28' inside and 48' outside.
3. A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes. The emergency access road will require either a
20' wide swing gate or bollards, and if bollards are used then the Meridian Fire
Department will need to approve of them. The location on Block 1 Lot 18 is
approved.
4. Provide afire-flow per the International Fire Code Appendix D to service the project.
Fire hydrants shall be placed an average of 400' apart.
C. Adopt the Recommendations of Central District Health Department as follows:
This proposal can be approved for central sewage & central water after written
approval fiom appropriate entities is submitted.
The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
Run-off is not to create a mosquito breeding problem.
4. Stonnwater shall be pretreated through a grassy Swale prior to discharge to Che
subsurface to prevent impact to groundwater and surface water quality.
~. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stonnwater management system that prevents groundwater and surface water
degradation.
D. Adopt the Recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet of right-of--way from centerline along
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 5 OP 34
Victory Road, and construct a minimum 5-foot wide concrete sidewalk along
Victory Road, located a minimrun of 28-feet from the centerline ofthe right-of-
way.
b. Do not dedicate additional right-of-way, but construct a mininwm 5-foot wide
concrete sidewalk along Victory Road, located a minimum of 28-feet from the
centerine of the right-of--way, in an easement provided to the'District.
c. Do not dedicate additional right-of--way, but construcC a minimum 5-fool wide
concrete sidewalk along Victory Road, located at the bad: edge of the cxisting
right-of-way. Accomplish all necessary adjushnents to properly accommodate
existing drainage and utilities.
2. Construct the main entrance to be located so that Gunnell Avenue intersects
Victory Road approximately 385-feet east of the west property line.
3. Construct Gunnell Avenue and Tigert Street as 36-foot street sections with curb,
gutter and 4-foot detached sidewalks that are separated by a 5-foot planter strip
within 50-feet ofright-of--way.
4. Construct Condo Avenue and McPherson Street as 29-foot street section with
curb, gutter and 4-foot detached sidewalks that are separated by a 5-foot planter
strip within 42-feet ofright-of--way.
Construct Hudspeth Avenue as one-half of a 29-foot street section with curb,
gutter and 5-foot concrete sidewalk on the west side of the roadway and a 3-foot
gravel shoulder on the east side of the roadway with a minimum of 24-feet of
pavement within a minimum of 35-feet ofright-of-way, as proposed.
6. Construct two 16-foot wide alleys within the subdivision located perpendicular to
Tigert Street and McPherson between Condo Avenue and Gunnell Avenue AND
between Gunnell Avenue and Hudspeth Avenue. Construct the alleys to have a
back-of--curb radius of 15-feet at all intersections and pave the alleys their entire
width of 16-feet. Any driveways that are proposed to access an alley shall be
located a minimum of 25-feet from the nearest public street and the minimum
clear distance from the back of any parking stall to the opposite side of the alley
shall be 22-feet.
Construct one knuckle without a center island located in the northwest corner of
McPherson Street and Conda Avenue, as proposed.
DEVELOPMENT AGREHibIENT (AZ-03-023)
PAGE 6 OF 34
8. Construct Hudspeth Avenue on the east property line to serve as a quasi stub
street for the property that is located directly to the east, as proposed.
9. Construct a temporary emergency access road that will intersect Victory Road
approximately 10-feet west of the east property line and extend to the north to
intersect Tigert Street, as proposed. Install traffic bollards within the emergency
access to minimize the connection.
10. Other than the access points that have specifically been approved with this
application, direct lot access to Victory Road is prohibited. Lot restrictions
prohibiting access to Victory Road shall be placed on the Fna] plat.
1 1. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
l . Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street liontagcs abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewall. and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the Districts Utility Coordinator at
387-6258 (with file numbers) for details.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
(i. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 7 OF 34
Constnaction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance # 197, also Irnown as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. The applicant at no cost to ACRD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
I I. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is grv~ted pursuant to
the law in effect at the time the change in use is sought.
E. Adopt the Recommendations ofthe Nampa &MeridianIrrigation DistricC ~~ follows:
A Land Use Change Application is required by the District before comment or
approval can be made on the CUP, and the Application must also be reviewed on the
PP prior to final platting.
All laterals and waste ways must be protected. All municipal surface drainage must
be retained on site. 1f any surface drainage leaves the site, the District must review
drainage plans.
DEVELOPM E VT AGREEMENT (AZ-03-023)
PAGE 8 OF ;4
3. The developer must comply with Idaho Code 31-3805.
F. Adopt the action of the City Council taken at their January 6, 2004 meeting as
follows:
For clarification:
The Applicant shall increase the entry street width to 36'. By increasing the street to
this width it will help to create more parking. Also, the front yard setbacks shall be
reduced to 11' instead of 15' to additionally accommodate ,the 36' street width.
(ACHD reviewed the proposed street layout and found that anetwork ofone-way
streets would not be beneficial to the circulation or safety in the proposed
subdivision. ACHD is allowing the Applicant to constnict a 36' street section, with
parking allowed on both sides, within a 50' right-of--way. (Per ACHD's letter dated
,lanuary ~, 2004.)
2. The Applicant shall revise the street layout on Che east side of the subdivision to
include a rolled curb and gutter on the east side of Hudspeth Avenue.
3. Applicant shall construct cedar fencing behind the 6,500 square foot lots.
4. Applicant shall only be allowed one story homes to be built on the lots that back up
to the one story homes in Sherbrooke Hollows. Bonus rooms shall be allowed in
these homes, but no windows shall face into the Sherbrooke Hollows homes.
~. Minimum housing sizes shall be as follows:
a. 1,500 sq. ft. minimum for one story homes bordering Sherbrooke Hollows.
b. 1,750 sq. ft. minimum for two story homes bordering Sherbrooke Hollows.
c. 1,300 sq. ft. minimum for homes backing up to Victory Road.
d. ] ,300 sy. ft. minimum for one story homes on alleys.
e. 1,600 sq. ft, minimum for two story homes on alleys.
6. ~fhe sanitary sewer connection shall be directly westward ou Victory Road to the
larger Ten Mi le Sewer Trunk and beyond in the future. Ultimately, the sewer shall be
diverted to the future Black Cat Sewer Trunk.
7. The subdivision shall now consist of ~7 single family building lots.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 9 OF 34
PRELIMINARY PLAT CONDITIONS:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1. Include fence line along casteru property line on plat.
B. Adopt the Recommendations of the Plawring and Zoning and Engineea-ing staff as
follows:
SITE SPECIFIC COMMENTS (preliminary plan
Sanitary sewer service to this project is being proposed via a main line extension
down Victory Road. Currently the sewer Cnmk ends approximately3,400 feet west of
the project site. The applicant shall be required to extend sewer mains to urd through
the proposed development.
2. Domestic w ater service to this site shall be via new main. line extensions from
existing mains. Currently water mains exist on the east side of the Ridenbaugh
Canal, and at the southern edge of the Sherbrooke Hollows Subdivision in Locust
Grove road. The subdivision designer to coordinate main sizing and routing with the
Public Works Department. The applicant shall be required to extend water mains to
and tPuough the proposed development.
3. Applicant shall submit a site plan depicting how homes will fit on the lots in Block?
of the proposed subdivision.
4. Applicant shall prohibit parking in the proposed alleys and garage aprons located in
blocks 2, 3, 4, and 5. If the site plan is revised and 20' aprons are provided for each
garage, parking will be permitted on the aprons for lots in blocks 2, 3, 4, and 5.
Fencing details shallbe submitted with the Final Plat application. Fencing adjacent to
pathways or the common area lots shall not be over three feet in height if constructed
of a solid material, and shall not be more than 4 feet in height if it is non-sight
obscuring. A solid, 6-foot high perimeter fence shall be installed prior to any building
permits being issued, unless agreed to otherwise in writing by the Planning Director.
6. All adjacent agricultural uses shall be protected and a note added to the face of the
plat regarding the Right to Farm Act.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 10 OF 34
7. The required landscaping and irrigation system shall be installed prior to the issuance
of a Certificate of Occupancy for any building on any lot created by the subdivision.
Landscaping and fencing must be bonded for prior to applying for building permits.
No phasing lines were shown on the preliminary plat. Ifphasing is plamied, applicant
shall submit a revised plat prior at least 10 days prior to the next public hearing
showing the proposed phase lines.
9. Underground pressurized in'igation must be provided to all landscape areas on site.
The applicant has indicated that the pressurized irrigation system within this
development is to be owned and maintained by the Nampa & Meridian hTigation
District.
] 0. The City of Meridian requires that pressurized irrigation systems be supplied by a
year-round source of water'. If a creek or well source is not available, asingle-point
connection to Che culinary water system shall be required. [fa single-point connection
is utilized, the developer shall be responsible for the payment of assessments for the
common areas prior to signahu'e on the final plat by the Meridian City Engineer.
11. Please submit all updated groundwater monitoring data to the Public Works
Department for review. All drainage areas (detention retention basins] must be
designed to ensure that water is retained only during 100-year stone events, and for a
period of time not to exceed 24 hours. Side slopes within drainage areas shall not
exceed 3 a . The project engineer should pay close attention to the results of field
studies determining the groundwater, soil type & and characteristics during the
design and construction phases. The engineer shall be required to certify that the
street centerline elevations'are set a minimum of 3-feet above the highest established
normal groundwater elevation. This is to ensure that the bottom elevation of the
crawl spaces of homes is at least 1-foot above groundwater.
GENERAL COMNCENTS (preliminary plat)
Please submit a copy of the Ada County Street Name Committee's final approval
letter for the subdivision name, and the lot and block numbering. ,Make any
corrections necessary to conform.
2. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3. A letter of credit or cash surety in the amount of 110% will be required for all
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 11 OF 34
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. Two-htmdred-fifty and one-hundred-watt, high-pressure sodium streetlights will be
required at locations designated by the Public Works Department All streetlights
shall be installed at subdivider's expense. Typical locations are at street intersections
and/or fire hydrants.
5. All irrigation ditches, laterals orcanals, exclusive ofnatural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled
per City Ordinance 12-4-13. 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 users association, with written confirmation of said approval submitted to
the Public Works Department.
Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape irrigation.
Graphically depict any FEMA flood plain boundaries. Note resu-ictions associated
with the flood zone on the face of the preliminary plat.
Performance specifications for the common area pressurized irrigation system shall
be submitted with each Final Plat application.
C. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet ofright-of--way from centerline along
Victory Road, and constn~ct a minimum 5-foot wide concrete sidewalk along
Victory Road, located a minimum of 28-feet from the centerline of the right-of-
way.
6. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Victory Road, located a minimum of 28-feet
from the centerline of the right-of--way, in an easement provided to the
District.
DEVELOPMENT AGREEMENT (AZ-03-021)
PAGE 12 OF 14
c. Do not dedicate additional right-of--way, but construct a minimum ~-foot
wide concrete sidewalk along Victory Road, located at the back edge of the
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
2. Construct the main entrance to be located so that Gunnell Avenue intersects
Victory Road approximately 385-feet east of the west property line.
3. Construct Gunnell Avenue and Tigert StreeC as 36-foot sheet sections with curb,
gutter and 4-foot detached sidewalks that are separated by a 5,-foot planter strip
within ~0-feet ofright-of--way.
4. Construct Conda Avenue and McPherson Street as 29-foot street section with
curb, gutter and 4-foot detached sidewalks that are separated by a 5-foot planter
strip within 42-feet ofright-of--way.
5. Construct Hudspeth Avenue as one-half of a 29-foot street section with curb,
gutter and 5-foot concrete, sidewalk on the west side of the roadway and a 3-foot
gravel shoulder on the east side of the roadway with a minimum of 24-feet of
pavetnent within a minimum of 35-feet ofright-of--way, as proposed.
6. Construct two 16-foot wide alleys within the subdivision located perpendicular to
Tigert Street and McPherson between Conda Avenue and Gunnell Avenue AND
between Gunnell Avenue and Hudspeth Avenue. Construct the alleys to have a
bad<-of--curb radius of 1 ~-feet at all intersections and pave the alleys their entire
width of 16-feet. Any driveways that are proposed to access an alley shall be
located a minimum of 25-feet from the nearest public street and the minimum
clear distance from the back of any parking stall to the opposite side of the alley
shall be 22-feet.
Construct one knuckle without a center island located in the northwest corner of
McPherson Street and Conda Avenue, as proposed.
8. Construct Hudspeth Avenue on the east property line to serve as a quasi stub
street for the property that is located directly to the east, as proposed.
Construct a temporary emergency access road that will intersect Victory Road
approximately 10-feet west of the east property line and extend to the north to
intersect Tigert Street, as proposed. Install traffic bollards within the emergency
access to minimize the connection.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 13 OF 34
] 0. Other than the access points that have specifically been approved with this
application, direct lot access to Victory Road is prohibited. L,ot restrictions
prohibiting access to Victory Road shall he placed on the final plat.
11. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District Contact the District's Utility Coordinator at
387-628 (with file numbers) for details.
~. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
Payment of applicable road impact fees are required prior to building construction
in accordant-e with Ordinance X197, also known as Ada County Highway District
Road Impact Fee Ordinance.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 14 OF 34
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. The applicant at no cost to ACRD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342- ] 585) at least two full business days prior to breaking ground within
ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall Ue valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and au authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
I1. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
D. Adopt the Meridian Fire Department Recommendations as follows:
The following will be the requirements and/or concerns to provide minimum levels of
fire protection for the proposed project:
The phasing plan may require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have a Wrn airound.
2. Al] roads shall have a turning radius of 28' inside and 48' outside.
3. A minimum of two points of access will be required for any portion of Che project,
which serves more than 50 homes. The emergency access road will require either a
20' wide swing gate or bollards, and if bollards are used then the Meiidia~ Fire
Department will need to approve of them. The location on Block 1 Lot 18 is
approved.
4. Provide afire-flow per the International Fire Code Appendix D to service the
project. Fire hydrants shall be placed an average of 400' apart.
DE V ELOPMENT AGREEMENT (AZ-03-023)
PAGE 15 OF 34
E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows:
A Land Use Change Application is required by the District before comment or
approval can be made on the CUP, and the Application must also be reviewed
on the PP prior to final platting.
2. All laterals and waste ways must be protected. All municipal surface drainage
must be retained on site. If any surface drainage leaves the site, the District
must review drainage plans.
The developer must comply with Idaho Code 31-3805.
F. Adopt the Recommendations of the Central District Health Depamnent as
follows:
] . This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved evith the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stonnwater management system that prevents groundwater and surface water
degradation.
G. Adopt the action of the City Council taken at their January 6, 2004 meeting as
follows:
1. Per the Parlcs Department, Developer shall build the pathway Co approved pathway
standards.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 16 OF 34
2. For clarification:
l . The revised Preliminary Plat dated 10/21/03 is hereby approved for ~7 building lots
with 9 common lots, except the revised Preliminary Plat under Project Summary:
Minimum Dwelling Size.........1200 sq. ft. is not approved, and the minimum
dwelling sizes are addressed in number G.6 herein below.
2. The Applicant shall increase the entry street width to 36'. By increasing the sheet to
this width it will help to create more parking. Also, the front yard setbacks shall be
reduced to 11' instead of 15' to additionally accommodate the 36' street width.
(ACHD reviewed the proposed street layout and found that a networl: of one-way
streets would not be beneficial to the circulation or safety in the proposed
subdivision. ACHD is allowing the Applicant to construct a 36' street section, with
parking allowed on both sides, within a 50' right-of--way. (Per ACHD's letter dated
January 5, 2004.)
3. The Applicant shall revise the street layout on the east side of the subdivision to
inchtde a rolled curb and gutter on the east side of Hudspeth Avenue.
4. Applicant shall construct cedar fencing behind the 6,500 square foot lots.
5. Applicant shall only be allowed one story homes to be built on the lots that backup
to the one story homes in Sherbrooke Hollows. Bonus rooms shall be allowed in
these homes, but no windows shall face into the Sherbrooke Hollows homes.
6. Minimum housing sizes shall be as follows:
a. 1,500 sq. ft. minimum for one story homes bordering Sherbrooke Hollows.
b. 1,750 sq. ft. minimum for two story homes bordering Sherbrooke Hollows.
c. 1,300 sq. Ct. minimum for homes backing up to Victory Road.
d. 1,300 sq. ft. minimum for one story homes on alleys.
e. 1,600 sq. ft. minimum for two story homes on alleys.
7. The sanitary sewer connection shall be directly westward on Victory Road to the
larger Ten Mile Sewer Trunk and beyond in the future. Ultimately, the sewer shat f be
diverted to the future Black Cat Sewer Trunk.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 17 OF 34
CONDITIONAL USE PERMIT CONDITIONS:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1. Restrictions under CUP will be referenced on plat.
2. Minimum housing sizes for west and north lots are 1,500 s. f. for single story
houses and 1,750 s.f. for two story houses.
3. The minimum house size for single story houses on Victory Rd. is 1,300 s.f.
4. Minimum house sizes on alley lots are 1,300 s.f. for single story houses and
1,600 s.f. for two story houses.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Applicant shall meet all of the requirements of the preliminary plat as a condition of
the Conditional Use Pemrit.
2. Applicant shall submit a detailed plan for the proposed park a~ld tot lot.
3. All development shall comply with the Americans with Disabilities Acl and the Fair
Housing Act.
4. No building permits shall be issued within the development until a Final Plat has
been recorded for the subdivision.
C. Adopt the Recommendations ofthe Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
The phasing plan may require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have a turn around.
Al] roads shall have a turning radius of 28' inside and 48' outside.
A minimum of two points of access will be required for auy portion of the
project, which serves more than 50 homes. The emergency access road will
require either a 20' wide swing gate or bollards, and if bollards are used then
Che Meridian Fire Department will need to approve of them. The location or
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 18 OF 34
Block 1 Lot 18 is approved.
4. Provide afire-flow per the International Fire Code Appendix D to service the
project. Fire hydrants shall be placed an average of 400' apart.
D Adopt the Recommendations ofCentral District Health Department as follows:
1. This proposal can be approved for c enh-al s ewage & central water after
written approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted
to and approved by the Idaho Department of Health & Welfare, Division
of Environmental Quality.
.~• Run-off is not to create a mosquito breeding proUlem.
4• Stormwater shall be pretreated through a grassy Swale prior to discharge to
the subsurface to prevent impact to groundwater and surface water qua]ity.
5. The Engineers and architects involved with the design ofthe subject
project shall obtain current best management practices for Stormwater
disposal and design a Stormwater management system that prevents
groundwater and surface water degradation.
E. Adopt the Recommendations of the Ada County Highway District as follows:
A. Site Specific Conditions of Approval
The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet of right-of--way from centerline along
Victory Road, and constntct a minimum 5-foot wide concrete sidewalk along V ictory
Road, located a minimum of 28-feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a miuimtun 5-foot wide
concrete sidewalk along Victory Road, located a minimum of 28-feet from the
centerline of the right-of--way, in an easement provided to the Disu-ict.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Victory Road, located at the back edge of the existing
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE ] 9 OF 34
right-of--way. Accomplish all necessary adjust~roents to properly accommodate
existing drainage and utilities.
2. Construct the main entrance to be located so that Gtmnell Avenue intersects
Victory Road approximately 385-feet east of the west property line.
3. Construct Gunnell Avenue and Tigert Street as 36-foot street sections with curb,
gutter and 4-foot detached sidewalks that are separated by a 5-foot planter strip
within 50-feet ofright-of--way.
4. Construct Conda Avenue and McPherson Street as 29-foot street section with
curb, gutter and 4-foot detached sidewal]s that are separated by a 5-foot planter
ship within 42-feet ofright-of--way.
5. Construct Hudspeth Avenue as one-half of a 29-foot street section with curb,
gutter and 5-foot concrete sidewalk on the west side of the roadway and a 3-foot
gravel shoulder on the east side of the roadway with a minimwn of 24-feet of
pavement within a minimum of 35-feet of right-of-way, as proposed.
6. Construct two 16-foot wide alleys within Che subdivision located perpendicular to
Tigert Street and McPherson between Conda Avenue and Gunnell .Avenue :1ND
between Gunnell Avenue and Hudspeth Avenue. Construct the alleys to have a
back-of--curb radius of 15-feet at all intersections and pave the alleys their entire
width of 16-feet. Any driveways that are proposed to access an alley shall be
located a minimum of 25-feet from The nearest public street and the minimum
clear distance from the back of any parking stall to the opposite side of the alley
shall be 22-feet.
Construct one knuckle without a center island located in the northwest corner of
McPherson Street and Conda Avenue, as proposed.
Construct Hudspeth Avenue on the east property line to serve as a quasi stub
street for the property that is located directly to the east, as proposed.
9. Construct a temporary emergency access road that will intersect Victory Road
approximately l0-feet wesC of the east property line and extend to the north to
intersect Tigert Street, as proposed. h~stal] traffic bollards within the emergency
access to minimize the connection.
10. Other than the access points that have specifically been approved with this
application, direct ]ot access to Victory Road is prohibited. Lot restrictions
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 20 OF 34
prohibiting access to Victory Road shall be placed on the final plat.
11. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
Any existing in-igation facilities shall be relocated outside of the right-of-way.
?. All utility relocation costs associated with improving sheet fronta«cs abutting the
site shall be borne by the developer. V
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
Utility street cuts in pavement less than five years old are not allowed tutless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
All design and construction shall be in accordance with the Ada County Highway
Disn-ict Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of ]daho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #197, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. The applicant aC no cost to ACRD shall repair existing utilities
UE V ELOPMENT AGREEMENT (AZ-03-023)
PAGE 21 OF 34
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
l I . Any change by the applican in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the chatlge in use is sought.
F. Adopt the action of the City Council taken at their January 6, 2004 meeting as
follows:
Per the Parks Department, Developer shall build the pathway to approved pathway
standards.
2. For clarification:
The revised Preliminary Plat dated 10/21/03 is hereby approved for ~7 building lots
with 9 common lots, except the revised Preliminary Plat under Project Sunmiary:
Minimum Dwelling Size.........1200 sq. ff. is not approved, and the minimum
dwelling sizes are addressed in number G.6 herein below.
The Applicant shall increase the entry street width to 36'. By increasing the street to
this width it will help to create more parking. Also, the front yard setbacks shalt be
reduced to 1l' instead of 15' to additionally accomm~odate the 36' sheet width.
(ACHD reviewed the proposed street layout and found that a networl: of one-way
streets would not be beneficial to the circulation or safety in the proposed
subdivision. ACHD is allowing the Applicant to construct a 36' sheet section, with
parking allowed on both sides, within a ~0' right-of--way. (Per ACH D's letter dated
DL^ VELOPMENT AGREEMENT (AZ-03-023)
PAGE 22 OF 34
January 5, 2004.)
3. The Applicant shall revise the street layout on the east side of the subdivision to
include a rolled curb and gutter on the east side of HudspethAvenue.
4. Applicant shall construct cedar fencing behind the 6,500 square foot lots.
5. Applicant shall only be allowed one story homes to be bui It on the lots that back up
to the one story homes in Sherbrooke Hollows. Bomis rooms shall. be allowed in
these homes, but no windows shall face into the Sherbrooke Hallows homes.
6. Minimum housing sizes shall be as follows:
a. 1,500 sq. ft. minimum for one story homes bordering Sherbrooke Hollows.
b. 1,750 sq. ft. minimum for two story homes bordering Sherbrooke Hollows.
c. 1,300 sq. ft. minimum for homes backing up to Victory Road.
d. 1,300 sq. ft. minimum for one story homes on alleys.
e. 1,600 sq. ft. minimum for two story homes on alleys.
7. The sanitary sewer connection shall be directly westward on Victory Road to the
larger Ten Mile Sewer Trunk and beyond in the future. Ultimately, the sewer shall be
diverted to the future Black Cat Sewer Trunk.
8. The drawing submitted at the City Council meeting held on January 6, ?004 and
dated .ianuaiy 6, 2004 regarding the sn-eet section for Hudspeth Avenue is hereby
approved.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be Germinated, and the zoning designation
reversed, upon a default of the "Owner" and/or "Developer" or "Owner" and/or
"Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions
Governing Development" of subject "Property" of this agreement within two years of the
date this Agreement is effective, and after the "City" has complied with the notice an'd
hearing procedures as outlined in LC. § 67-6509, or any subsequent amendments or
recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 23 OF 34
"Owner" and/or "Developer" consent upon default to the de-annexation
and/or a reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
8.1 That the "City" provide written notice of any failure to comply
with this Agreement to "Owner" and/or "Developer" and if the
"Owner" and/or "Developer" fails to cure such failure witlvn six
(6) months of such notice.
9. INSPECTION: "Owner" and/or "Developer" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City Engineer and
request the City Engineer's inspections and written approval of such completed.
improvements or portion thereof in accordance with the teens and conditions of this
Development Agreement and all other ordinances of die "City" that apply to said
Development.
10. DEFAULT:
10.1 In the event "Owner" and/or "Developer", "Owner" andior
"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 comlection with the
"Property", this Agreement may be modified or terminated by the
"City" upon compliance with the requirements of the Zoning
Ordinance.
10.2 A waiver by "City" of any default by "Ownerr" and/or "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.
] 1. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of tlLS Agreement or this Agreement, including all of the Exhibits, at
"Developer's" cost, and submit proof of such recording to "Owner" and,~or "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 d,ie
llEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 24 OF 34
annexation and zoning of the "Property" contemplated hereby, the "City" shalt execute
and record an appropriate instrument of release of this Agreement.
l2. 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 iii any court of
competent jurisdiction by either "City" or "Owner" and/or "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" and/or "Developer" shall have thirty
(30) days after delivery of notice of said breach to correct the same
prior to the non-breaching party's seeking of any remedy provided
for herein; provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall prosecute the
curing of same with diligence and continuity, then the time allowed
to cure such failure maybe extended for such period as maybe
necessary to complete the curing of the same with diligence and
continuity.
13.2 In the event the performance of any covenant to be performed
hereunder by either "Owner" and/or "Developer" or "City" is
delayed for causes which are beyond the reasonable control of the
party responsible for such performance, which shall include,
without limitation, acts of civil disobedience, strikes or similar
causes, the time for such performance shall be extended by the
amount of time of such delay.
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" and/or "Developer" agrees to provide, ifrequired by
the "City".
DBVLLOPMENT AGREEMENT (AL-03-02. )
PAGE 25 OF 34
I5. CERTIFICATE OF OCCUPANCY: The "Owner" and/or "Developer"
agrees that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" and "Owner" and/or "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".
t 6. ABIDE BY ALL CITY ORDINANCES: That "Owner" and/or
"Developer" agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not
meet the conditions contained in the Findings of Fact and Conclusions of Law, Chis
Development Agreement, and the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY: DEVELOPER:
c/o City Engineer JLJ Enterprises, Inc.
City of Meridian 408 S. Eagle Road, Suite 103
33 E. Idaho Ave. Eagle, Idaho 83616
Meridian, ID 83642
0 WNER:
with copy to:
Charles L. Creech, Sr. and Mary M. Creech
City Clerlc 2310 E. Victory Road
City of Meridian Meridian, Idaho 83642
33 E. Idaho Ave.
Meridian, ID 83642 Clayton Record and Susan T. Record
435 W. Victory Road
Meridian, Idaho 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.
llEVF,LOPMENT AGREEMENT (AZ-03-023)
PAGE 26 OF 34
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 covert costs and reasonable atto~mey's
fees as determined by a Court of competeutjurisdiction. This provision shall be dcemed
to be a separate contract between the parties and shall survive any default, ten7iination or
forfeiture of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto aclaiowledge 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" and/or "Developer" of the
"Property", each subsequent owner and any other person acquiring an interest in the
"Property". Nothing hereiu 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 wiilten request of
"Owner" and/or "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Owner" and/or "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 competeutjurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner" and/or
"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" and /or "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
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 27 OF 34
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
Yleridian Zoning Ordinance in connection with the annexation and zonin_ otthe
"Property" and execution of the Mayor and City Clark.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 28 OF 34
ACKNO~i'LEDGMENTS
1N WITNESS WHEREOF, [he parties have herein executed this
agreement and Made iC effective as hereinabove provided.
DEVELOPER:
B'
Attest:
BY:
OWNER:
BY:I ~~ic~ ~//~`` fie.-,,
CHARLES L. CREECH, SR.
,,;.
BY:~YI~ ~:~ ~
MARY M ECH
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 29 OF 34
OWNER:
B
CL , T RE ORD
/,_
BY: ~ ' T `G h
SUSAN T. RECORD
CITY OF MERIDIAN
BY: na
Y de WEERD
.Attest: - ~~~~¢
~f_- _ t //. n ~ o
n,
,,.~ --- - , • - = SEAL
CITY CLERK = v ~
4~ ~
%~'9p~ ~r ass • ~ ~~p`\.
D E V ELOP MEN C AGREEM ENT (AZ-03-023 )
PAGE 30 OF 34
STATE OF IDAHO )
ss
COUNTY OF ADA )
On this_~r~ day of ~~"~a~, in the year
2004, before me, a Notary Public, personally appeared
~ ~ ~~' ~ ~i (~ and N
kno or identifi to me to be the /,~~lA~is.~- and
of JLJ ENTERPRISES, INC., and the persons who
executed the instrument and acknowledged to me that they having executed the wine on
behalf of said corooratinn.__
.Z~~yN "~~Rf4y.
G~
"`bTA,pk ~
...~
(SEAL) * p G
~ UgL~
'~i~T9T NON'' P`2'~•'
.. O .•
0 F t ,.
''n..nnn,•'••
STATE OF IDAHO )
ss
~'GCI~
Notary Publ for Idaho
Residing at ~ )
Commission expires: -~-(j
COUNTY OF ADA )
On this ~ day of ~(/~ Q in the year
2004, before me, a Notary Public, personally appeared CHARLES L. CREECH, SR. and
MARY M. CREECH, husband and wife, known or identified to me to be the persons who
executed the instrument and acknowledged to me that they having executed the same.
(SEAL)
Notary Publ~c ~`t'Ida~
Residing at:
Commission expires:
RESIDING ly: PAERIDIRN, IDAHO
COAgMISSION EXPIRES: 70-pg.pp
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 31 OF 34
STATE OF IDAHO )
:ss
COUNTY OF ADA )
On this ~ day of /~ Gt/Ll~yt _ , in the year
?004, before me, a Notary Public, personally appeared CLAYTON RECORD and SUSAN
T. RECOEZD, husband and wife, known or identified to me to be the persons who executed
the instrument and aclaiowledged to me that they having executed the same.
,•- T •.
=o A9~
.®~
.~UBL~G
OF
~.'-~ U w'1 ~~v
Notary Public for Idaho ,
Residing at: R,rv ~~
Commission expires: 9 a/ d
STATE OF IDAHO )
ss
County of Ada )
On this 9~' day of Qr~~ , in the year 2004,
before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg,
know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf o~f said
City, and acknowledged to me that such City executed the same.
~~.a'S~E L. S °~•.~~
(SEAL) ? ~~~TA~1,';
*~ ~~~ _*
'Z ApBLtG
,•••Ny4~ OP l9Pao~
DE V C LOPMENT AGREEMENT (AZ-03-023)
PAGE 32 OF 34
EXHIBIT "A"
Leeal Description Of' Property
Charles L. Creech and Mary M. Creech
property located at 2310 E. Victory Road
A tract of land located in the Southeast % of the Southwest'/~ of Section
20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as
follows:
Commencing at the Southwest comer of said Southeast'/~ of the
Southwest % (which is the Southwest comer of the 1/16 section and is set with a 5/8 inch
iron pin with an aluminum cap); thence
Easterly along the North side of Victory Road 640 feet to a set nail, which is the
REAL POINT OF BEGINNING and which shall be the Southwest corner of the tract
being described; thence
Easterly along the North side of Victory'Road 540 feet to a point, which shall be
the Southeast comcr of the tract being described; thence
Northerly along a line perpendicular to the Southern boundary line described
above (which is the North side of Victory Road) 484 feet to a point, which shall be the
Northeast comer of the tract being described; thence
Westerly along a line parallel to the Southern boundary line (North side of Victory
Road) 540 feet to a point on the Westem boundary of the tract being described, which
point shall be the Northwest corner of the tract being described; thence
Southerly along said Westem boundary line, which boundary line is the Eastern
boundary of the neighboring parcel described in Instrument No. 7760809, records o f Ada
County, Idaho, 484 feet to the set nail which is the REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
Clayton Record and Susan T. Record
property located at 2384 E. Victory Road
Parcel A of Record of Survey No. 2921, recorded July 14, 1994 as Instmment No.
94066900, being a portion of the Southeast Quarter of the Southwest Quarter of Section
20, Township 3 North, Range ]East, Boise Meridian, Ada County, Idaho.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 33 OF 34
EXHIBIT "B"
Findings of Fact and Conclusions of Law/Conditions of Approval
7.'.\Work\M\Meridian\Meridian U360M\Soda Springs Sub AZ-03-0?? PP-03-027 CUP-03-04J\DevclopAgr.doc
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 34 OF 34
RECEIVED
FEB 0 4 2004
City Of Meridian
City Clerk Office
BEFORE THE MERIDIAN CITY COUNCIL
C/C 12/09/03
C/C 01/06/04
Revised per C/C Ol/27/04
1N THE MATTER OF THE
APPLICATION FOR ANNEXATION )
AND ZONING OF 11 ACRES FOR )
PROPOSED SODA SPRINGS
SUBllIVISION, LOCATED AT 2310 )
AND 2384 EAST VICTORY ROAD, )
MERIDIAN, IDAHO
JLJ ENTERPRISES, INC., )
APPLICANT )
Case No. AZ-03-023
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 Tor public hearing
on December 9, 2003 and continued until January 6, 2004, at the hour of 7;00 p•rr~.• and Anna
Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Public
Works Department, Fire Chief Kenny Bowers itiieridian police Chief Bi 11 Musser, Jane Suggs,
Lucien Samaha, Kathy Thompson, Marvin Hansen, Jeffrey Clingler, Louise Godby, Nancy
,Hansen, Gene Buclcland, Jim Jewett, Michelle Buekland, Norm Wright, Donald Ferguson, and
Bruce Mills, appeared and testified, and the City Council having duly considered the evidence
and the record in this matter therefore makes the following Findings of Fact and Conclusions of
Law, and Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF [.A W
AND DECISION AND ORDER GRANTING APPLICATION
~~ 03 O~XATION AND ZONING SODA SPRINGS SUBDNISION
PAGE l OF l9
FINDINGS OF FACT
1 • There has been compliance with al] notice and heazing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-I.
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles l l and 12, Meridian City Code, and all current zoning'rnaps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted Aagust 6, 200,
Resolution No. 02-382, and maps and the ordinance Establishing the lmpact Area Boundary.
3. The property which is the subject of the application for amtexation and
zoning is described in the application, is approximately 1 I acres in size v~d is located at 2310
and 2384 East Victory Road ,Meridian, Idahe, all within the Area of Impact of the City of
Meridian and the Meridian Urban Service Planning Area as defined iu the Meridian
Comprehensive Plan,
4. The owners of record of the subject property are Charles Creech and Clayton
Record. Applicant is .IT_l Enterprises.
5. The property is presently zoned RUT and consists of two single family homes.
6. The Applicant requests the property be zoned as R-8 (Medium Density
Residential).
7. The subject propertyis bordered to the north by R-4, to the south by RUT, to the
east by RUT and R-4, and to the west by R-4.
8. The Applicant proposes to develop the subject property in the followuig manner:
as a residential subdivision.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANT]A`G APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
{AZ-03-023)
PAGE 2 OF 19
~• The Applicant requests zoning of the subject real property as R-S, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Medium Density Residential.
10. There are no signifcant or scenic features of major importance that affect the
consideration of this application.
11. The City Council recognizes the concerns of Marvin and Nancy Hansen
expressed in their letter dated October 2, 2003. The City Council also recognizes the Petition
dated: RECEIVED SEP 25 2003 City of Meridian City Clerk Office, and which has been entered
into public record, by the homeowners of Sherbrooke Hollows Subdivision, and the objection to
the house sizes I'or Soda Springs in a letter from Andy C. Doll dated September 23, 2003.
Additionally, the narrative from Steven K. Harding dated: RECEIVED DEC 02 2003 City of
Meridian City Clerk Office has also been entered into public record lit this matter.
12• Giving due consideration to the comments received from the
goventmentai subdivisions providing services in the City of Meridian planning j urisdiction,
public facilities and services required by the proposed developmenrwillnnt impose expense
upon the public if the following conditions of development are imposed: -
A. Adopt the Recommendations of the Meridian Planning & Zoning Deparhnent as follows:
1 • Remove any existing domestic wells andlor septic systems within this project from their
domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic
purposes such as landscape irrigation.
A Development Agreement will be required as part of this annexation request.
13• Adopt the Recommendations of the Meridian Fire Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND DECISION AND ORDER GRANTING APPLICATION
(AZ-03 023) ATION AND ZONING SODA SPRINGS SUBDIVISION
PAGE 3 OF 19
The following will be the requirements and/or concerns to provide minimum levels of fire protection
for the proposed project:
The phasing plan may require that any roadway greater than 150' in Iength
that is not provided with an outlet shall be required to have a tum around.
2• All roads shall have a fuming radius of 28' inside and 48' outside:
A minimum of two points of access will be required for any portion of the project, which
serves mare (Iran SO homes. The emergencyaccess road will require eithera 20' wideswing
gate ur bollards, and if bollards are used then the Meridian Fire Department will need to
approve of them. The location on Blocic 1 Lot 18 is approved.
4. Provide afire-flow per the International Fire Code Appendix D to service the project. Fire
hydrants shall be placed an average of 400' apart.
C• Adopt the Recommendations ofCentral District Health Department as follows:
This proposal can be approved for central sewage & central water after written approval from
appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and approved
by the Idaho Department of Health & Welfare, Division of Environmental Quality.
3. Run-off is not to create a mosquito breeding problem,
4• Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsm•face to
prevent impact to groundwater and surface water quality.
The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stonnwater
management system that prevents groundwater and surface water degradation.
D• Adopt the Recommendations ofthe Ada County Highway District as follows:
Site Specific Conditions of Approval
1. The applicazit shall do one ofthe following:
a. Dedicate by donation a total of35-feet ofright-of--way from centerline along Victory Road,
and construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a
minimum of 28-feet fom the centerline of the right-of--way.
FINDLNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 4 OF 19
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete
sidewalk along Victory Road, located a minimum of 28-feet fran the centerline of [he
right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete
sidewalk along Victory Road, located at the back edge of.the existing right-of--way.
Accomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
2• Construct the main entrance to be located so that Gunnell Avenue intersects Victory Road
approximately 385-feet east of the west property line.
3 Construct Gttrmell Avenue and Tigert Street as 36-foot street sections with curb, gutter
and 4-foot detached sidewalks that are separated by a 5-foot planter strip within SO-feet of
right-of--way.
4• Construct Condo Avenue and McPherson Street as 29-foot street section with curb, gutter
and 4-foot detached sidewalks that are separated by a 5-foot planter str9p within 42-feet of
right-of--way.
5. Construct Hudspeth Avenue as one-half of a 29-foot street section with curb, gutter and
5-foot concrete sidewalk on the west side of the roadway and a 3-foot gravel shoulder on
the east side of the roadway with a minimum of 24-feet of pavement within a minimum
of 35-feet ofright-of--way, as proposed.
6• Construct two 16-foot wide alleys within the subdivision located perpendicular to Tigert
Street and McPherson between Condo Avenue and Gunnell Avenue AND between
Gunnell Avenue and Hudspeth Avenue. Construct the alleys to have a back-of--curb
radius of 15-feet at a!I intersections and pave the alleys their entire width of 16-feet. ,Sny
driveways that are proposed to access an alley shat] be located a mirtimum of 25-feet frotn
the nearest public street and the tninimum clear distance from the back of any parking
stall to the opposite side of fhe alley shall be 22-feet.
7• Construct one knuckle without a center island located in the northwest corner of
McPherson Street and Condo Avenue, as proposed.
8. Construct Hudspeth Avenue on the east property line to serve as a quasi stub street for the
property that is located directly to the east, as proposed.
9. Construct a temporary emergency access road that will intersect Victory Road
approximately 10-feet west of the east propetTy line and extend to the north to intersect
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDMSION
(AZ-03-023)
PAGE 5 OF 19
Tigers Street, as proposed Install traffic bollards within the emergency access to
minimize the connection,
1 U. Other than the access points that have spectfcally been approved with this application,,
direct lot access to Victory Road is prohibited. Lot restrictions prohibiting access to
Victory Road shall be placed on the final plat.
11. Comply with all Standard Conditions of Approval.
Slandard Conditions of Approval
t. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2• All utility relocation costs associated with improving street frontages abutting the site
shall be home by the developer.
3• Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. ContacfCoastruction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed ttnless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with fife
numbers) for details.
5- All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Constructiou Services
procedures and a!I applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
6• The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7 Construction, use and property development steal! be in conformance with alt applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities dan2aged by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 6 OF 19
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACRD right-of--way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
l0. No change in the terms and conditions ofthis approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and vi
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
I l . Any change by the applicant in the planned use of the property which is the subject ofthis
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless awaiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
E. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
] . A band Use Change Application is required bythe District before comment or approval can
be made on the CUP, and the Application must also be reviewed on the PP prior to final
platting.
2. All laterals and waste ways must be protected. Al] municipal surface drainage must be
retained on site. If any surface drainage leaves the site, the District mast review drainage
plans.
The developer must comply with Idaho Code 31-3805.
F. Adopt the action of the City Council taken at their January 6, 2004 meeting as follows:
For clarification:
The Applicant shall increase the entry street width to 36'. By increasing the street to this
width it will help to create more parking. Also, the front yard setbacks shall be reduced to
11' instead of l5' to additionally accommodate the 36' street width. (ACHD reviewed the
proposed street layout and found that anetwork ofone-way streets would not be beneficial to
the circulation or safety in the proposed subdivision. ACHD is allowing the Applicant to
construct a 36' street section, with parking allowed on both sides, within a 50' right-oF way,
(Per ACHD's letter dated January 5, 2004.)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 7 OF 19
2. The Applicant shall revise the street layout on the east side of the subdivision to include a
rolled curb and gutter on the east side of Hudspeth Avenue.
3. Applicant shall constrict cedaz fencing behind the 6,500 square foot lots. .
4. Applicant shall only be allowed one story homes to be built on the lots that back up to the
one story homes in Sherbrooke Hollows. Bonus rooms shat l he allowed in these homes, but
no windows shall face into the Sherbrooke Hollows homes.
5. Minimmn housing sizes shall be as follows:
a. 1,500 sq, ft. minimum for one story homes bordering Sherbrooke Hollows.
b. 1,750 sq. ft. minimtun for two story homes bordering Sherbrooke Hollows.
c. 1,300 sq. ft. ttrinimum for homes backing up to Victory Road.
d. ],300 sq. ft. minimttm for one story homes on alleys.
e. 1,600 sq. ft. minimtirn for two story homes on alleys.
6. The sanitary sewer connection shall be directly westward on Victory Road to the larger Ten
Mile Sewer Trunk and beyond in the future. Ultimately, the sewer shall be diverted to the
future Black Cat Sewer Trunk.
7. The subdivision shall now consist of 57 single family building lots.
13. It is found that the requested zoning designations, R-S, is harmonious with and in
accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which designales
the land to be "Medium Density Residential".
14. The azea has been designated as a Medium Density Residential area in Meridian's
Comprehensive Plan and is surrounded to the north, east, and west by residential subdivisions. The
Comprehensive Plan designation in combination with the neighboring residential subdivisions make
t[te proposed zoning of the property compatible with surrotmding land uses and the City of
Meridian's plan for the development of the area.
15. it is found that the proposed uses are compatible with the existing and intended
character of the area. The Comprehensive Plan designates the azea as Medium Density Residential;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023}
PAGES OF 19
the residential subdivisianand R-8 zoning designation aze compatible with the Comprehensive Plan
designation. It is found that Ihepmposed uses can be designed and constructed in a mamier that wi II
be harmonious with and appropriate in appearance with the existing and intended cluracter of the
surrounding area,
16. It is not anticipated that the proposed uses will be hazardous ordisturbing to future or
existing neighbors.
17. It is found that the subject property can be served adequately by all essential public
facilities and services. Sewer and water lines will need to be extended by the developer from mar ns
in Victory and Locust Grove Roads. Alt other public services and facilities appear to be adequate to
serve this property such as highways, streets, police and fire protectioiz, drainage structures, refuse
disposal.
18. It is found that sanitary sewer and water mains service is readily available from
existing mains adjacent to the subject site. All other public services and facilities noted in Finding
PYumber 17 above appear to be adequate to service this property,
i 9. It is found that the proposed uses will create additional traffic, especially on Victory
Road. However, it is not believed that the increase in traffic wilt be excessive. It is not anticipated
that the proposed development will generate traffic, noise, smoke, odors or other nuisances that
would be detrimental to the general welfare of the surrounding area.
20. It i s found that theproposed v ehiculaz approaches o n Victory Road should not
appreciably interfere with traffic on the surrounding streets. The Ada County Highway District has
recommended that access to the subdivision off of Victory Road be moved to Gurmell Avenue from
PlNDQVGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNE3CAT1ON AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 9 OF 19
Conda Avenue. The proposed access off of Conda Avenue is closer than 300' to an existing access
road off of Victory found in the Sherbrooke Hollows Subdivision.
21. It is found that no natural or scenic features of major importance will be lost or
damaged by approval of this annexation request, The subject property currently has two single
family dwellings and several outbuildings.
22. It is found that that amnexation of this property would be in the best interest of the
City byproviding a variety ofhousing types, and an innovative subdivision layout.
23. 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. 12, and all sub-parts, the economic
welfare of the City and its residents and tax and rate gayers will be protected, a condition of
annexation and zoning designation.
24. It is aEso found that the development considerations as referenced in Finding No.
12 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 genera] vicinit}~, 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 disnirbing to the existing,
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
The City of Meridian has authority to annex real property upon written request for
FINDI:~'GS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 10 OF 19
annexation and the real property being contiguous or adjacent to city boundazies and that said
property lies within the azea of city impact as provided by Idaho Code Section 50-222. The
~bleridian 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 Platming Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2D02,
Resolution No. D2-382.
4. The following aze found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Chapter Vi, Goal III, Objective A, Action 3
Chapter VII, Goa] V, Objective A, Action 4.
S. The zoning of(R-8) Medium Density Residential isdefined in tlteZoning Ordinilnce
at § 11-7-2 D as follows:
(R-81 Medium Density Residential Distract: The purpose ofthe R-8 District is to permit
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those areas where such development has or
is likely to occur in accord with the Comprehensive Plan of the City and is also desi~necl io
permit the conversion of large homes info tow-family dwellings in well-established
neighborhoods of comparable land use. Connection to the Municipal water and sewer
systems of the City is required.
6. Since the annexation and zoning of land is a legislative functien, the City Iras
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTIIVG APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-0>3)
PAGE I1 OF 19
authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105
[daho 65, 665 P2d 1075 (1983).
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
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 irrigation systems, and Zoning and
Subdivision acid Development Ordinance of the City of Meridian.
8. Pursuant to Section 11-16-4 A ofthe Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Councti does hereby Order and this does
Order:
1. The applicant's request for annexation and zoning of approximately I 1 acres [o
Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order
hereinafter stated.
2. The application is for annexation and zoning of I 1 acres. The legal description sI1:A I
be prepared by a Registered Land Stnveyor, Licensed by the State ofIdaho, and shall conform to all
the provisions of the City of Meridian Resolution No. 158. The legal description for annexation
must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to meet the conditions set forth and in the event the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 12 OF 19
conditions herein are not met by the Developer that the properly shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Recommendations ofthe Meridian Planning &c Zaring Department as follows:
Remove any existing domestic wells and/or septic systems witlvn this project from their
domestic service per City Ordinance Sectien 5-7-517. Wells niay be used for non-domestic
purposes such as landscape irrigation.
2. A Dee~elopment Agreement will be required as part of this annexation request.
B. Adopt the Recommendations of the Meridian Fire Department as Follows:
The following will be the requirements and/or concerns to provide minimum levels of fue protection
for the proposed project:
1. The phasing plan may require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have a tnm around.
2. All wads shall have a fuming radius of 28' inside and 48' outside.
3. A minimum of two points of access will be required for any portion of the project, which
serves mare thazi 50 homes. The emergency access road will require either a 20' wide swing
gate or bollards, and if bollazds are used then the Meridian Fire Department will need to
approve of them. The location on Block 1 Lot 18 is approved.
4. Provide afie-flow per the International Fire Code Appendix D to service the project. Fhe
hydrants shall be placed an average of 400' apart.
C. Adopt the Recommendations ofCentral District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2, The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environ,nental
Quality.
Run-off is not to create a mosquite breeduzg problem.
4. Stormwater shall be pretreated through a grassy swale prior to dischazge to the subsurface
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SFRINGS SUBDNISION
(AZ-03.023}
PAGE 13 OF 19
to prevent impact to groundwater and surface water quality.
5. The Engineers uid architects involved with the design of the subject project shall obtain
cursent best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
D. Adopt the Reconunendatious of the Ada County Highway District as follows'
Site Specific Conditions of Approval
The applicant shall do one of the fallowing:
a. Dedicate by donation a total of 35-feet ofright-of--way from centerline along VictoryRoad,
and construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a
minimum of 28-feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete
sidewalk along Victory Road, located a minimum of 28-feet From the centerline of the
right-of--way, in an easement provided to the District.
c. Do nol dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Victory Road, located at the back edge of the existing right-oF way.
Accomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
2. Construct the main entrance to be located so that Gunnell Avenue intersects Victory Road
approximately 385-feet east of the west property line.
Construct Gunnell Avenue and Tigert Street as 36-foot street sections with curb, gutter
and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 50-Feet of
tight-of--way.
4. Construct Condo Avenue and McPherson Street as 29-foot street section with curb, gutter
and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 42-feet of
right-of--way.
5. Construct Hudspeth Avenue as one-half of a 29-foot street section with curb, gutter and
5-foot concrete sidewalk on the west side of the roadway and a 3-foot gravel shoulder on
the east side of the roadway with a minimum of 24-feet of pavement within a minimum
of 35-feet ofright-of-way, as proposed.
6. Construct two 16-foot wide alleys within tite subdivision located perpendicular to Tigert
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDNISION
(AZ-03-023)
PAGE 14 OF 19
Street and McPherson between Conda Avenue and Gunnell Avenue AND between
Gunnell Avenue and Hudspeth Avenue. Construct the alleys to have aback-of--curb
radius of 15-feet at all intersections and pave the alleys their entire width of 16-feet. Any
driveways that aze proposed to access an alley shall be located a minimum of 25-feet from
the neazest public street and the minimum clear distance from the back of atry parking
stall to the opposite side of the alley shall be 22-feet.
Construct one knuckle without a center island located in the northwest comer of
McPherson Street and Conda Avenue, as proposed.
8. Construct Hudspeth Avenue on the east property line to serve as a quasi stub street for the
property that is located directly to the east, as proposed.
Construct a temporary emergency access road that will intersect Victory Road
approximately 10-feet west of the east property line and extend to the north to intersect
Tigert Street, as proposed. Ittstall traffic bollazds within the emergency access to
minimize the connection.
10. Other than the access points that have specifically been approved with this applicatiott,
direct lot access to Victory Road is prohibited. Lot restrictions prohibiting access to
Victory Road shall be placed on the final plat.
1 I. Comply with all Standazd Conditions of Approval.
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be dmna,ed
during the construction of the proposed development. Contact Constriction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old aze not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers} for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGG 15 OF l9
engineer registered in the State of ldalmo shall prepaze and certify all improvemenfplans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits}, which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #147, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking grotmd within ACHD right-of--way. The applicant
shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
10. No change in tlme terms and conditions of this approval shall be valid «nless tlmey are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall he upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
1 I . Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless awaiver/variance of said requirements or. other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
E. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
A Land Use Change Application is required by the District before comment or approval can
be made on the CUP, and the Application must also be reviewed on the PP prior to final
platting.
2. All laterals and waste ways must be protected. All municipal surface drainage must be
retained on site. If any surface drainage leaves the site, [he District must review drainage
plans.
.FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONII+TG SODA SPRINGS SUBD
(AZA3.023)
PAGE 16 OF 19
3. The developer must comply with Idaho Code 31-3805.
F. Adopt the action of the City Council taken at their January 6, 2044 meeting as follows:
For clarification:
The Applicant shall increase the entry street width to 36'. 8y increasing the street to this
width it will help to create more parking. Also, the front yard setbacks shall be reduced to
11' instead of 15' to additionally accommodate the 36' street width. (ACRD rcvicwed the
proposed street layout and found that anetwork ofone-way streets would not be beneficial to
the circulation or safety in the proposed subdivision. ACRD is allowing the Applicant to
construct a 36' street section, with parking allowed on both sides, within a SO'right-of-way.
(Per ACHD's letter dated January 5, 2004.)
2. The Applicant shall revise the street layout on the east side of the subdivision to include a
rolled curb and gutter on the east side of Hudspeth Avenue.
3. Applicant shall construct cedar fencing behind the 6,500 square foot lots.
4. Applicant shall only be allowed one story homes to be built on the lots that back up to the
one story homes in Sherbrooke Hollows. Bonus rooms shall be allowed in these homes, but
no windows shall face into the Sherbrooke Hollows homes.
5. Minimum housing sizes shall be as follows:
a. 1,500 sq. ft. minimum for one story homes bordering Sherbrooke Hollows.
b. 1,750 sq. ft. minimum for two story homes bordering Sherbrooke Kul lows.
c. 1,300 sq. ft. minimum for homes backing up to Victory Road.
d. 1,300 sq. ft. minimum for one story homes on alleys.
e. I,b00 sq. ft, minimum for two story homes on alleys.
6. The sanitary sewer connection shall be directly westward on Victory Road [o the larger Ten
Mile Sewer Trunk and beyond in the future. Ultimately, the sewer shall be diverted to the
future Black Cat Sewer Trunk.
7. The subdivision shall now consist of 57 single family building lots.
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation ofthe real property which is the subject of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DEC[SION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDNISION
(AZ-03-023)
PAGE 17 OF 19
application to (R-8) Medium Density Residential District, and Meridian City Code $ 11-7-2.
5. Subsequent to the passage ofthe Ordinance provided for in section 4 ofthis 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 § t 1-21-] in accordance
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing; and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will tolt the time period within which a Petition
for Judicial Review maybe filed.
Please take notice that this is a final action of the governing body of the City of Meridi~in,
pursuant to ldaho Code § 67-6521. An affected person being a person who has an interest in real
property which may be adversely affected by this decision may, within twenty-eight (28}days after
the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
~~
By action of the City Council at its regular meeting held on the Z 7 day of
~~'s'~0^'~ , 2004.
ROLL CALL
COUNC]LMAN SHAUN WARDLE VOTED~'~
FIND WGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 18 OF 19
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: /~ ~ ?-Oe~-
MOTION:
APPROVED: DISAPPROVED:
Attest:
Weerd
VOTED
VOTED_~
VOTED~ti
VOTED
SEAL
William G. Be~, City C~~~~~~ S ~~
1S ~ ~.`~
Copy served upon Applicant, the Planning and'Zq~3t~ri~'et3t, Puhlic Works ~
the City Attorney. ~,.~ y
Clerk
9-
Ci~ _oFSP~RgT~
SEAL =
9
9 ~
O
9 ~P ~..
Z:1Work1M1R4eridinnVMeidian t5360MVSoda Springs Sub AZ03-023 PP-03-021
FLVDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECfSION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE l9 OF 19