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Woodbridge Community Subdivision AZ 99-020 (2)AOA C_OuN'rY R£¢oRD£R J. DAVID HAVARRO ~0~. IDAHO FE~DEPUTY zoooj 27 100006603 DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian Snorting Bull Investments, LLC. Owner THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this [ ~/'K day of Vf-'~;/n. aca~ot.- , 2o00, by and between CITY OF MERIDIAN, a municipal corporation of the ~tate of Idaho, hereafter called "CITY", and SNORTING BULL INVESTMENTS, LLC, hereinafter called "OWNER", whose address is 100 N. 9th Street, Suite 300, Boise, Idaho 83702. 1. RECITALS: 1.1 WHEREAS, "Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner 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 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of L-O, Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before DEVELOPMENT AGREEMENT (AZ-99-020) - 1 the Meridian City Council, there are no present plans to develop the subject property; and 1.6 1.7 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 Iqqq WHEREAS, City Council, the '746~ day of~¢cent~,-'~, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Owner" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT (AZ-99-020) - 2 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER": means and refers to Snorting Bull Investments, LLC, whose address is 100 N. 9th Street, Suite 300, Boise, Idaho 83702, the party who owns said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to those certain parcels of "Property" located in the County of Ada, City of Meridian, designated as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses and development allowed pursuant to this Agreement of the subject property shall be subject to and pursuant to the condition use permit process and are limited to those uses allowed under "City"'s Zoning Ordinance codified at Sections 11-2-408 B 7 Meridian City Code subject to and pursuant to conditional use process and the conditions imposed in the approval of the conditional DEVELOPMENT AGREEMENT (AZ-99-020) - 3 use permit shall be included automatically as an amendment to this subsection of the development agreement nunc pro tunc. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement except for the process referenced in section 4.1. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner" will submit to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Owner" shall develop the "Property" in accordance with the following special conditions: 6.1.1 In accordance with the provisions of Section 4 of this Agreement, which are adopted herein at reference as if set forth at length. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" or "Owner"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT (AZ-99-020) - 4 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and if the "Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner"'s cost, and submit proof of such recording to "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. This Development Agreement is not an encumbrance against a lot once it is platted. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate DEVELOPMENT AGREEMENT (AZ-99-020) - 5 action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 Subject to Paragraph 8 above, in the event of a material breach of this Agreement, the parties agree that "City" and "Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereal~er shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 12.3 A waiver by "City" of any default by "Owner" 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. 13. SURETY OF PERFORMANCE: As part of the platting/subdivision process the "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under § 12-5-3 of the Meridian City Code, to insure that installation of the improvements, which the "Owner" agrees to provide, if such surety is required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the DEVELOPMENT AGREEMENT (AZ-99-020) - 6 "City" and "Owner" 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". 15. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de- annexation pursuant to Paragraph 8 above if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Conditions of Approval, and the Ordinances of the City of Meridian to the extent applicable. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Snorting Bull Investments, LLC 100 N. 9th Street, Suite 300 Boise, Idaho 83702 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 L. Edward Miller Givens Pursley LLP P.O. Box 2720 Boise, Idaho 83701 16.1 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. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's DEVELOPMENT AGREEMENT (AZ-99-020) - 7 fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of"Owner", to execute appropriate and recordable evidence of termination of this Agreement if',City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". DEVELOPMENT AGREEMENT (AZ-99-020) - 8 21.1 No condition governing the uses and/or conditions goveming 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. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-99-020) - 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER: SNORTING BULL INVESTMENTS, LLC, an Idaho limited liability company By: O'Neill Homes LLC, an Idaho limited liability company, a Member By: O'Neill Enterprises, Inc., an Idaho corporation, its Manager By:~..C~~ Derick O'Neill, President CITY OF MERIDIAN M:~6R RdBERT"D. CORRIE Attes~ ,,,,,, ~~~,"'~ Ol: CITY CLERK t/ BY RESOLUTION NO. ff-~ 7 msg/S:\CLIENTS\5267\l\Sno~ting Bull Final Development DEVELOPMENT AGREEMENT (AZ-99-020) - 10 STATE OF IDAHO ) County of Ada ) On this ~q_~ay of~~J~_~lJ'lt~, in the year 2000, before me, the undersigned, a Notar-y Public in anc[(~or the Sit/ale of Idaho, personally appeared Derick O'Neill, known or identified to me t6 be the Il}resident of O'Neill Enterprises, Inc., an Idaho corporation, the corporation that executed this instrument and the person who executed the instrument on behalf of said corporation, said corporation known to me to be the Manager of O'Neill Homes LLC, the limited liability company that executed the instrument as a member of and on behalf of Snorting Bull Investments, LLC, the limited liability company that executed the instrument and acknowledged to me that such corporation executed the same on behalf of said O'Neill Homes LLC on behalf of Snorting Bull Investments, LLC, and that Snorting Bull Investments, LLC executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Residing at: ~fll~)~l_llr.~,~,,,...' My commissio DEVELOPMENT AGREEMENT (AZ-99-020) - 11 STATE OF IDAHO ) :SS County of Ada ) On this {~~---h-h day of ~ , in the year ~0UO., before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) No~ic for Idaho Residing at: Commission expires: DEVELOPMENT AGREEMENT (AZ-99-020) - 12 EXHIBIT A Legal Description Of Property_ A parcel of land in the NE 1/4 of the NE 1/4 of Section 18, T.3N., R. 1E., B.M., Ada County, Idaho, described as BEGINNING at the southeast comer of the northeast quarter northeast quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, which is south along the east side of said Section 18 and along the center line of Locust Grove Road, 1329.2 feet from a bronze cap marking the northeast comer of said section 18; thence, South 89 degrees 11 ½' West, along the south side of the northeast quarter northeast quarter of said Section 18 a distance of 438.7 feet to a steel pin; thence, North 0 degree 55' East, 149.0 feet to a steel pin; thence, North 89 degrees 11 ½' East., 436.3 feet to a steel pin; thence, South, 149.0 feet along the east side of said Section 18 to the REAL POINT OF BEGINNING. CONTAINING 1.5 Acres more or less DEVELOPMENT AGREEMENT (AZ-99-020) - 13 EXHIBIT B Findings of Fact and Conclusions of Law DEVELOPMENT AGREEMENT (AZ-99-020) - 14 [2-03-99 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF ) WOODBRIDGE COMMUNITY, ) LLC THE APPLICATION FOR ) ANNEXATION AND ZONING ) OF 80.83 ACRES FOR ) WOODBRIDGE COMMUNITY ) SUBDIVISION, PARCEL A ) LOCATED AT 450 S. LOCUST ) GROVE ROAD AND PARCEL B ) LOCATED AT 385 S. LOCUST ) GROVE ROAD, MERIDIAN, ) IDAHO ) Case No. AZ-99-020 FINDINGS OF FACT ,KIND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entided annexation and zoning application having come on for public hearing on November 16, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Pete O'Neal, and no one appeared in opposition, and having received the Recommendation to City Council of the Planning and Zoning Commission on this matter, and the City Council having duly '"' considered the evidence and the record in this matter therefore makes the follo~ving FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 Findings of Fact and Conclusions of La,v, and Decision and Order: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW Judicial Notice: The Council may take judicial notice'of government ordinances, and policies, and of actual conditions existing within the City and State. Annexation: 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property' being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area which is designated in the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994, and as provided in § 11-2-417 C Revised and Compiled Ordinances of the City of Meridian. 2. The City Council exercises its legislative authority in the annexation and zoning of annexed land. Burr v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho 65 (1983). Prior to annexation the City Council shall request and receive a FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 recommendation from the Planning and Zoning Commission of proposed zoning ordinance changes for the area to be annexed in accordance xvith the notice and hearing procedures provided in Section 67-6509, Idaho Code and concurrently or immediately follo,ving the adoption of an ordinance of annexation, the City Council shall amend the Planning and Zoning Ordinance. [I.C. § 67-6525] [§ 11-2-417 A Revised and Compiled Ordinances of the City of Meridian.] Zoning: 3. The City of Meridian shall exercise the powers conferred upon it by the Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of Title 67 Idaho Code which provides that the Council shall by ordinance establish within its boundaries one or more zones or zoning districts in accordance with the adopted Comprehensive Plan. [I.C. § 67-6511]. 4. The "Zoning Ordinance" of the City of Meridian applies and regulates all development of land within the City limits and property outside the City limits for which annexation has been requested. [§ 11-2-401 C Revised and Compiled Ordinances of the City of Meridian.] 5. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act" by the adoption of the "Zoning Ordinance" of the City of Meridian, Idaho, which provides for various zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGFvVOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 districts. [Title Ordinances of the 5.1 Chapter 2 Section 400 et. seq. of the Revised and Compiled City of Nleridian. The "Zoning Ordinance" provides a zoning district for Parcel A (R-4) Lo~v Density Residential and for Parcel B (L-O) Limited Office which are defined as: [§ 11-2-408 B 3 and § 11-2-408 B 7 Revised and Compiled Ordinances of the City of Meridian.] Parcel A (R-4) Low Density. Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. Parcel B (L-O) Limited Office District: The purpose of the (L-O)District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall' not involve heavy testing operations of any ldnd or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer bet~veen other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 5.2 5.3 5.4 5.5 The "Zoning Ordinance" provides for a "Zoning Schedule for Use Control" for land uses in various established zoning districts for permitted use, conditional use and permitted accessory., use. [§ 11-2-407 A Revised and Compiled Ordinances of the Citv of Meridian] The "Zoning Ordinance" provides for a zoning District Map where the zoning districts established by the ordinance are shown. [§ 11-2-407 A Revised and Compiled Ordinances of the City of Meridian.] The "Zoning Ordinance" provides for general procedures for the initiation and process of zoning amendment applications including notice and hearing procedures before the Planning and Zoning Commission and the City Council. [ § 11-2-416 A-F Revised and Compiled Ordinances of the City of Meridian.] The General Standards Applicable To Zoning Amendments include the follosving [§ 1 I-2-416 K Revised and Compiled Ordinances of the City of Meridian]. 5.5.1 Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 5.5.2 Is the area included in the zoning amendment intended to be rezoned in the future; 5.5.3 Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; 5.5.4 Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been ~videned, ne~v railroad access been developed or planned or adjacent area being FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 developed in a fashion similar to the proposed rezone areas; 5.5.5 Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 5.5.6 Will the proposed uses not be hazardous or disturbing to e.,cisting or future neighboring uses; 5.5.7 Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire 'protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 5.5.8 Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 5.5.9 Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 5.5.10Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 5.5.11 Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 5.5.12Is the proposed zoning amendment in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 6. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January. 4, 1994. Development Conditions: 7. The City is authorized by I.C. § 67-6511 A by the adoption of an ordinance to require or permit as a condition of rezoning that an o~vner or developer make a written commitment concerning the use or development of the subject parcel ~vhich the City has enacted as a part of the "Zoning Ordinance" at §§ 11-2-416 L and if the property is annexed and zoned 11-2-417 D of the Revised and Compiled Ordinances of the City of Meridian. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Butt vs. The City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 9. 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 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B '" 14., ~vhich pertains to pressurized irrigation systems. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 i0. The development of the property shall be subject to and controlled bv the Zoning and Subdivision and Development Ordinance of the City of Meridian. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning ~vas published for two (2) consecutive weeks prior to said public hearing scheduled for November 16, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the November 16, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit '" evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 2. There has been compliance ,vith all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-651 I, and §§ I 1-2-416E and i 1-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title i 1, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January, 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. Parcel A is approximately 80.83 acres and Parcel B is approximately ! .5 acres in size. Parcel A is generally located at 450 S. Locust Grove Road and Parcel B is located at 385 S. Locust Grove Road. The property is designated as Woodbridge Community, as defined in Exhibit "A", consisting of two pages, attached hereto as if set forth in full for Parcel A and Parcel B. 5. The owner of record of Parcel A is James F. Griffin, of 450 S. Locust Grove, Meridian, Idaho and the owner of Parcel B is Snorting Bull Investments, 385 S. Locust Grove in Meridian. 6. Applicant is Woodbridge Community, LLC, of 100 N. 9th St. Suite 300, Boise, Idaho. 7. Parcel A is presently zoned by Ada County as RT Rural Transitional FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 and is vacant, and Parcel B is RI Single Familv Residential, and consists of a single family residence. 8. The Applicant requested Parcel A be zoned as (R4) Low Density Residential and Parcel B as (LO) Meridian Limited Office. 9. Parcel A is located east of Locust Grove Road south of Greenhill Estates north of Locust Vie~v Heights Subdivision and west of amended Magic Viexv Subdivision. Parcel B is located west of Locust Grove Road, east of Stonebridge Business Park. 10. Parcel A is bordered to the north by Greenhill Estates to the east by Magic View Estates and to the south by Locust View Heights and to the northwest is Parcel B. Parcel B is surrounded by Stonebridge Business Park to the west, rural single family residential development to the north, the proposed Cobblestone village apartment complex is approximately 1,000 feet to the north at the south~vest corner of Locust Grove and Franldin. The city limits of the City of Meridian are adjacent and abut to the west of Parcel B of the subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included ~vithin the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 Comprehensive Plan. 13. The Applicant proposes to develop Parcel A in the folloxving manner: construction and development of a 283 single family residential subdivision and to develop Parcel B. 14. The Applicant requests zoning of the subject real property for Parcel A as Low Density Residential (R4) and Parcel B as Limited Office (LO). 15. The application is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as MLxed Planned Use Development. The follo~ving Comprehensive Plan policies are relevant to this application: Parcel B: 11.1 11.2 11.3 11.4 Economic Development Chapter - Policies 1.2 and 1.3 Land Use Chapter - Policies 4.5U, 4.8U, 5.8, 5.9, and 5.11 Transportation Chapter - This section of Locust Grove is currently designated as a Minor Arterial on the Functional Street Classification map. Due to their required width, Minor Arterials may serve as land use buffers for incompatible uses and boundaries between neighborhoods. On luly 19, 1999, the APA Board moved the proposed Locust Grove/I- 84 overpass from the Destination 2020 Plan (soft projection) to the Transportation Improvement Plan (hard planning document). APA projects a dramatic increase in traffic for Locust Grove south of Franldin when the overpass is constructed. Community Design Chapter- Policy 2.1U FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 Parcel A: 11.5 Economic Development Chapter- Policies 3.1U, 3.2U 11.6 Land Use Chapter- Policies 2.1U, 2.2U, 2.3U, 6.3.c 11.7 Natural Resources and Hazardous Areas Chapter - Policies 1.1U, 2.1U, 2.5U, 3.1U, 4.1U 1 1.8 Transportation Chapter- Policies 1.6U, 1.9U 11.9 Open Space. Parks & Recreation - Policies 3.1, 5.3 1 1.10 Housing Chapter- Policies 1.3, 1.4, 1.7, 1.12, 1.13U, 1.18 11.11 Community Design Chapter - Policies 1.8, 5.2U 16. There are no significant or scenic features of major importance that affect the consideration of this application. 17. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development ~vill not impose expense upon the public if the follo~ving conditions of development are imposed and which restrict the use and development of the subject real property Parcel B: under and pursuant to conditional use permit process and the use and deVelopment of the subject real property; Parcel A: be subject to Planned Unit Development/Conditional Use Permit process. 18. It is found that if the developer pays for the requested improvement and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE .. COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 complies with the conditions set forth in these findings of fact, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 19. It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors, and can best be handled by requiring as a condition of development and use on said parcel that all development and use on and of the subject real property will be subject to a Parcel B: under and pursuant to conditional use permit process and the use and development of the subject real property; Parcel A: be subject to Planned Unit Development/Conditional Use Permit process. 19.1 Parcel A: Ordinance No. 9-607.F. states that any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 19.2 A Development Agreement will be required as a condition of annexation for both parcels. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AxND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of appro~mately 80.83 acres for Parcel A be zoned as (R-a,) Low Density Residential and Parcel B be zoned as (L-O) Limited Office, are granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 80.83 acres. The legal descriptions shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal descriptibn for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. The Owner and Developer of each parcel is to enter into a Development Agreement. There shall be a development agreement for parcel A and a development agreement for parcel B. 3.1 Parcel B: under and pursuant to conditional use permit process and the use and development of the subject real property; Parcel A: be subject to FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 Planned Unit Development/Conditional Use Permit process. 3.2 The Development Agreement governing parcel A shall include and contain the following conditions that the use and development of the subject parcel shall be in accordance ~vith a Planned Development/Conditional Use process. 3.3 The Development Agreements. Shall each contain provisions that the conditions imposed in the approval of the conditional use permit and/or planned development shall be included automatically as an amendment to the development agreement nunc pro tunc. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application for Parcel A to (R-4) Low Density Residential and Parcel B to (L-O) Limited Office. (§ 11-2-408 B 3 and 7 of the Revised and Compiled Ordinances of the City of Meridian). 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping'changes of the official boundaries and zoning maps as provided in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may ~vithin twenty-eight (28) days after the date of this decision and order seek a judicial revie~v as provided bv Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of ._~~/')% ~ , 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED ~04J-~6z'- COUNCILMAN GLENN BENTLEY VOTED_~fa-- COUNCILMAN ICEITH BIRD VOTED_~,-.- COUNCILMAN CHARLIE ROUNTREE VOTED MAYOR ROBERT D. CORRIE (TIE BREAI(.ER) DATED: /'~--'- '~- q~' VOTED bvlOTION: APPRO~__._--D-t-em~PPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page ! 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WOODBRIDGE COMMUNITY, LLC/WOODBRIDGE COMMUNITY SUBDIVISION CASE NO. AZ-99-020 AMENDED DATE: PROJECT: PAGE: September 7, 1999 July 26, 1999 98048 I of 2 EXttI~IT "A" BOUNDARY DESCRIPTION For ANNEXATION TO THE CITY OF MERrr)IAN Two parcels of land situated in Sections 17 and 18, T.3N., R. 1E., B.M., Ada County, Idaho, more particularly described as follows: PARCEL A A parcel of land being the S'A of the NW¼ of Section 17, described as BEGINNING at the north 1/16 comer common to said Sections 17 and 18 as shown on Record of Survey No. 1199; thence, along the exterior lines of said S'fi of the NW'¼, through the following courses: 1) N.89°30'51'E., 2648.31 feet to the center-north 1/16 comer of said Section 17, thence; along the east line of said S~A of the NW¼, 2) S.00"07'39"E., 1328.47 feet to the center ¼ comer of said Section; thence, along the south line of said NW ¼, 3) S.89°29'53"W., 2651.27 feet to the ¼ comer common to said Sections 17 and 18; thence, along the west line of said NW ¼, 4) N.00°00'00'E., 1329.23 feet to the POINT OF BEGINNING. CONTAINING 80.83 Acres, more or less. EXCEPTING TFI~_~REFROM the fight-of-way for Locust Grove Road. PARCEL B A parcel of land in the NE¼ of the NE¼ of Section 18, T.3N., R. IE., B.M., Ada County, Idaho, described as BEGINNING at the southeast comer of the northeast quarter northeast quarter of Section 18, Towns.hip 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, which is south along the east side of said Section 18 and along the center line of Locust Grove Road, 1329.2 feet from a bronze cap marking the northeast comer of said Section 18; thence, 5) South 89 degrees 11 1/2' West, along the south side of the northeast quarter northeast quarter of said Section 18 a distance of 438.7 feet to a steel pin; thence, H:\98048~Annex-Dese. Doc DATE: PROJECT: PAGE: 6) 7) 8) July 26, 1999 98048 2 of 2 North 0 degree 55' East, 149.0 feet to a steel pin; thence, North 89 degrees 11 'fi' East., 436.3 feet to a steel pin; thence, South, 149.0 feet along the east side of said Section 18 to the REAL POINT OF BEGINNING. CONTAINING 1.5 Acres more or less ROVAL PUBLIC WORKS DEPT. H:\98048~nne~.- De~. Doe CERTIFICATE OF CLERK OF TIlE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this Ci~ I am the custodian of its records and minutes and do hereby certify that on the ,/~6J~ day of ~-7'e~;Awta. n.r.~ ,2000, the following action has been taken and authorized: - ~/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITy OF MERIDIAN AND SNORTING BULL INVESTMENTS, LLC, OWNER. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with SNORTING BULL INVESTMENTS, LLC, denoted as ''DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with SNORTING BULL INVESTMENTS, LLC, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and SNORTING BULL INVESTMENTS, LLC, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. ~ / SEAL / ~L~ O. Bi, O, m. ~ '/ STATE OF ~0, ) 'om~u,~.~ ' SS. County of Ad~ ) ~,. 0~ ~ I¢~ d~y of ~~ , ~ ~h~ ye~ 2000, ~e~o~ m~, o~u, J~., ~om or identffied to me to be the City Clerk of the City ofMefidi~, Id~o, that executed the s~d instrument, ~d ac~owledged to me that he executed the same on beh~ of the City of Mefidi~. (SEAL) ? cfor Idaho msg~Z:\WorkhMkMeddi~a 15360M~Woodbridge Community\CERTofCLKSNORTINGBUI~.RES RE~OI, UTION NO. ~- ~ 7 BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED ~DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND SNORTING BULL INVESTMENTS, LLC, OWNER. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with SNORTING BULL INVESTMENTS, LLC, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A' to this Resolution, the reasons and authority for which are as set forth/n sa/d Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with SNORTING BULL INvEsTMENTs, LLC, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and SNORTING BULL INVESTMENTS, LLC, a copy of which is attached hereto marked as Exhibit "A' to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /~-- day of ~7~a~c~.a.~ ,2000. RESOLUTION OF THE CITY OF MERIDIAN - PAGE ][ OF 2 AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH SNORTING BULL INVESTMENTS, LLC (AZ 99-020) APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /c day of ,-,7~.~a vto~J ,2000. ATTEST: CL .RK msg/z: \Work\M \Meridian 15360M \Woodbridge Community\SNORTING.RES RESOLUTION OF THE CITY OF MERIDIAN - PAGE 2 OF 2 AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH SNORTING BULL INVESTMENTS, LLC (AZ 99-020)