Saguaro Canyon Subdivision AZ 03-027
PARTIES:
1.
2.
3.
4.
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 07/15/04 09:57 AM
DEPUTY Bonnie Oberbillig
RECORDED - REQUEST OF
Meridian City
, AMOUNT .00
DEVELOPMENT AGREEMENT
43
1111111111111111111111111111111111111
104089430
City of Meridian
Robert and Marlene Rhead, Owner
George and Betty Boyack, Owner
Farwest, LLC, Owner and Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 2&~ day of'¡¡-~ , 2004, by and between CITY OF
MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and
ROBERT AND MARLENE RHEAD, whose address is 700 E. McMillan Road, Meridian,
Idaho 83642, and GEORGE AND BETTY BOYACK, whose address is 6210 N. Meridian
Road, Meridian, Idaho 83642, and FAR WEST, LLC, whose address is 4487 N. Dresden
Place #102, Garden City, Idaho 83714, which parties each are hereinafter called "OWNER"
with the provision that Farwest, LLC is also hereinafter "DEVELOPER." .
I.
RECITALS:
1.1
WHEREAS, "OWNER" is the sole owner, in law and/or equity, of
certain tract ofland in the County of Ada, State ofIdaho, described in
Exhibit A for each owner, 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" and/or "Developer" make a written commitment concerning
the use or development ofthe subject "Property"; and
I.3
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
104
WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (R-4) Low Density Residential
District, (Municipal Code of the City of Meridian); and
DEVELOPMENT AGREEMENT (AZ-O3-027)
RLD.06l404
PAGE 1 OF2l
1.5
1.6
I.7
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 will be made;
and
WHEREAS, record ofthe proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
WHEREAS, City Council, the 11f!: day of flla;¡ ,2004, has
approved certain Findings of Fact and Conclusio s 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" and "Developer" to
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 acknowledges that this
Agreement was entered into voluntarily 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 ensuring that the
"Property" is developed and the subsequent use ofthe "Property" is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for annexation and zoning
designation from government subdivisions providing services within
the planning jurisdiction and from affected property owners and to
ensure annexation and zoning designation is in accordance with the
amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and the Zoning and
DEVELOPMENT AGREEMENT (AZ-O3-027)
RLD.O6l404
PAGE 2 OF 21
Development Ordinances codified in Meridian City Code Title 1 I and
Title 12.
NOW, THEREFORE, in consideration ofthe 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 ofthis 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
3.2
3.3
304
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision ofthe state ofIdaho, organized and existing by virtue of
law of the State ofIdaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
"DEVELOPER": means and refers to Farwest, LLC, whose address
is 4487 N. Dresden Place #102, Garden City, Idaho 83714, the party
developing said "Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
"OWNER": means and refers to Robert and Marlene Rhead, whose
address is 700 E. McMillan Road, Meridian, Idaho 83642, and
George and Betty Boyack, whose address is 62 ION. Meridian Road,
Meridian, Idaho 83642, the party owning said "Property" being
developed and shall include any subsequent owner(s)/developer(s) of
the "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-8 attached hereto and by this reference incorporated herein
as ifset forth at length.
DEVELOPMENT AGREEMENT (AZ-03-027)
RLD.O6l404
PAGE 3 OF 21
4.
USES PERMITTED BY THIS AGREEMENT:
4. I 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 (C) which are herein specified as follows:
Construction and development of a planned development consisting
of 433 lot residential planned development with 45 common lots, in
a proposed R-4 zone.
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 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.A
"Developer" shall develop the "Property" in accordance with the following
special conditions:
A.
Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1. No more than 50 homes can be built until both the North Slough Trunk and a second
emergency access, constructed to the satisfaction of the Meridian Fire Department,
are built.
2. No more than 236 building permits will be issued until a second public access is
available, either connecting to a platted stub street or the temporary use of the
easement currentIyenjoyed by the Boyacks. If the latter is the choice, it will be paved
and at least 20 feet wide.
3. Owners and Developer agree that they will defend and hold the City harmless from
any and all damages for any failure to provide sanitary sewer service until it is
available in the ordinary course of the City's sewer development program. Owners
DEVELOPMENT AGREEMENT (AZ-O3-027)
RLD.O6l404
PAGE 4 OF 21
and Developer agree that by annexing this property, City is under no obligation to
provide sewer services to the property on any particular timetable. No subdivision
improvements beyond Phase I (that southerly portion of Saguaro Canyon Estates
which will gravity flow to the lift station in Cobre Basin Subdivision) can begin until
the North Slough Sewer Trunk's easements are fmalized by the City and the trunk
construction schedule is finalized with the civil contractor that is awarded the bid.
B.
Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
I. A condition of this DA shall be that the applicant participates in any road
infrastructure agreements in the North Meridian Planning Area negotiated with
ACHD and shall faithfully perform the terms of such agreement or agreements.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for non-
domestic purposes such as landscape irrigation.
3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the parcel shall be tiled per City
Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. Iflateral users
association approval can't be obtained, plans will be reviewed and approved by the
Meridian City Engineer prior to final plat signature.
4. Any future subdivision, planned development, uses and construction shall comply
with the City of Meridian ordinances in effect at the time.
C.
Adopt the ACHD conditions listed in their report dated November 13, 2004, which
report lists required site-specific requirements, conditions of approval and street
improvements.
D.
Comply with all the conditions in the corresponding applications in this matter,
Preliminary Plat, PP-03-032 and Conditional Use Permit, CUP-03-058.
DEVELOPMENT AGREEMENT (AZ-03-027)
RLD.06l404
PAGE 5 OF 21
E.
Adopt the action of the City Council taken at their April 20, 2004 meeting as follows:
For clarification:
1. Placed into record, and which is on file with the Meridian City Clerk's office,
is the Letter of Approval and Acceptance from Grant and Joyce Lee, dated
April 20, 2004.
2. The Applicant, Farwest, LLC, per their letter dated January 6, 2004,
pertaining to Larkwood/Saguaro Canyon Agreements, agrees to provide the
following:
a. A 25' height restriction (measurement at the peak, to allow for a
second story bonus room only) on 4 lots in the Saguaro Canyon
Subdivision along the Larkwood boundary (Lots 26, 4 I, 43 and 44,
Block 9).
b. To construct a vinyl fence with l' lattice on the top along the
Larkwood west boundary.
c. The Applicant has cut and reworked the lots on the original
submittal from 27 buildable lots to 20 buildable lots in the latest
plat. The 20 buildable lots remaining on the Larkwood boundary
average 13,268 square feet. These 20 lots are an average of 42.85%
larger than the average lot in Saguaro Canyon.
d. Tile the North Slough, North Slough #2 and the Rosti Laterals.
Farwest, LLC will also tile any of the above mentioned ditches
adjacent to the Larkwood west boundary regardless of their minor
meandering across the legal lot lines.
e. Provide a pressurized irrigation stub to each of the Larkwood lots
adjoining Saguaro Canyon, providing the Larkwood homeowners
transfer sufficient water rights to the pump station diversion point
to provide for these stubs.
3. The Applicant submitted a revised prelirninaryplat dated April 6, 2004, in the
corresponding preliminary plat PP-03-032, which removes several lots on the
east, west and north boundaries. The revised plat proposes 433 buildable lots
(vs. 442) and has a gross density of 3.09 du/acre (vs. 3.15 du/acre). Other
than the removal of ten (IO) lots, no other modifications were made to the
corresponding preliminary plat, PP-03-032, the April 6, 2004 prelirninaryplat
is approved.
DEVELOPMENT AGREEMENT (AZ-O3-027)
RLD.O6l404
PAGE 6 OF 21
4. The Applicant also submitted a future re-subdivision plan for Lot 34, Block
28 (the 5-acre Boyack lot).
5. A detailed fencing plan shall be submitted upon application ofthe fmal plat.
A 5-foot vinyl fence with one-footoflattice on top is required adjacent to the
Larkwood Subdivision. In addition, the Applicant has agreed to provide a
stamped concrete fence adjacent to Lots 1-9, Block 33 and Lot 37, Block 28.
6. Prior to City of Meridian approval of a new, single-family building
permit for the area shown as Lot 34, Block 28, the area shall be
combined with Ada County parcel S0530244450 (the existing
driveway) to create a single flag lot with frontage on Meridian Road.
If not previously platted, said flag lot shall be included in the first
final plat submitted that is north of Phase 5 (the existing Ada Co.
parcel S0530244350). A one-time building permit is allowed to be
issued for Ada Co. parcel SO530244350 (the 60.89 acre Boyack
parcel) prior to final plat recordation. Any existing dwelling units on
the parcel must be demolished prior to issuance of a new building
permit. Before being permitted to proceed with platting Phase 8, the
Developer shall be required to stub to the flag lot at the common
boundary between the terminus of Cactus Hills Avenue and the
north boundary of the flag lot City water, City sewer, electrical
conduit, gas mains and other public or private utility stubs normally
associated with a public road right-of-way (collectively "Services");
excepting, however, pressurized irrigation. Should the Owner ofthe
flag lot want pressurized urban irrigation, the Developer will also
stub that service in the event the Owner negotiates a hook up fee
with the Developer, Settlers Irrigation District, or any other entity
owning the pressurized urban irrigation system servicing the
Property. The Services shall be of sufficient quantity and quality so
as to permit the flag lot to similarly be subdivided into a density at
least equal to that of the Property.
7. A permanent pedestrian easement, in favor ofthe City of Meridian, shall be
recorded for the regional pathway in each phase of the subdivision. The
public easement shall be recorded for the pathway prior to occupancy of any
structures in that particular phase of the subdivision. Submit a copy of the
recorded easement to the Planning and Zoning and Parks Departments. The
easement shall be sufficient width to cover the 10-wide pathway. The
DEVELOPMENT AGREEMENT (AZ-03-027)
RLD.06l404
PAGE 7 OF 21
pedestrian easement is allowed to decrease to 6 feet wide in front of Lots 7-
12, Block 23 and Lot 71, Block 9, on the south side ofE. Mesa Bluffs Street.
Buildings are precluded from constructing within this easement. The lO-foot
wide hard surfaced pathway shall be constructed and fully improved prior to
the issuance of the fIrst Certificate of Occupancy for any building within the
phase. Additionally, a note shall be added to the face of each final plat
indicating the City of Meridian is responsible for the maintenance of the
pathway surface located within the easement. Applicant shall conform to the
Park's Department standards for construction of the regional pathway. The
Homeowner's Association is responsible for maintenance of all landscaping
adjacent to the pathway.
8. Pertaining to the 24 foot access road, together with the Boyack 5-acre
property, which are a part of the total parcel in this annexation and zoning,
the 24 foot access road shall be regulated as follows:
The 24 foot lane will be limited to use for one single- family residence on that
five acres and no others, until such time as the five acre parcel is connected
with a dedicated public road, built in full compliance with ACHD's road bed,
curb, gutter, sidewalk and other right-of-way standards sufficient to provide
the five acre parcel in its current state, or as a re-subdivision with full public
access. At that time, the 5-acre Boyack property shall either: 1) relinquish
any rights to use that lane for access; 2) offer it for sale to either the property
owner on the north or the property owner on the south, at appraised fair
market value.
9. At the April 20, 2004 Council meeting, Dave McKinnon, the Applicant's
representative, addressed the neighboring property owners concerns over
traffic, density/transition, and collector roads. It is noted at the public hearing
by Dave McKinnon as follows:
Traffic: Traffic has always been a concern, and there has been a recent
concern with the North Meridian Area Plan, as far as what is actually
happening with it presently. The impact fees that are paid for these types of
projects are spent in different areas currently, and you cannot have change in
the road system without the impact fees. Without the development there are
no impact fees, and there would not be the money to pay for the growth or for
improvements in the roads in the future. This growth is helping to pay,
through ACHD, for the fixing and building of roads in other areas and in the
DEVELOPMENT AGREEMENT (AZ-03-027)
RLD.O6l404
PAGE 8 OF 21
future these roads will be fixed and maintained by ACHD.
Due to a large ditch that runs along McMillan Road the developer is not able
to construct a secondary access onto McMillan Road.
Densitvnransition: The reason for the 90 degree pie-shaped lots, which are
located on the rear eastern end ofthe project, are that these lots would be only
approximately two lots for every single one within Larkwood. Across the
street the lots step down to 10,000 square feet; and which 10,000 square foot
lots are still larger than the minimum lot size. As you go farther back into the
subdivision until you cross the collector street those lots become smaller.
The lots within the subdivision range from 9,200 sq. ft. up to 11,000 sq. ft. in
size. Located on the interior of the subdivision are large lots. The smaller
lots are located adjacent to the school site, to the Ashenbrenner's site, and
across the collector street, to help provide for transition. The transition
expands from east to west within the subdivision.
Collector Roads: The City would like to see collector streets at the half-
mile, but they don't have to align directly with the half mile, (such as the
Lochsa Falls development).
The Priddy property does not want traffic running right along the side of their
home and property, and the need for buffering this area could be addressed by
having the street come in at the half-mile location, and then jog to the south.
This would provide a buffer to the 24 foot wide street. The Developer is in
agreement of getting rid of the 24 foot wide road once everything is
developed. Upon complete build out of the Saguaro Canyon Subdivision,
then the 24 foot wide access road is something that the Wilsons would have
to work out with the Ashenbrenner property owners.
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" and/or "Developer" or "Owner" and/or "Developer's" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Goveming Development"
of subject "Property" of this agreement within two years of the date this Agreement is
effective, and after the "City" has complied with the notice and hearing procedures as
outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof.
DEVELOPMENT AGREEMENT (AZ-O3-027)
RLD.06l404
PAGE 9 OF 21
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"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 within 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 ofthe "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 ofthis Development Agreement and all
other ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1
10.2
In the event "Owner" and/or "Developer", "Owner" and/or
"Developer's" heirs, successors, assigns, or subsequent owners of the
"Property" or any other person acquiring an interest in the "Property",
fail to faithfully comply with all of the terms and conditions included
in this Agreement in connection with the "Property", this Agreement
may be modified or terminated by the "City" upon compliance with
the requirements ofthe Zoning Ordinance.
A waiver by "City" of any default by "Owner" and/or "Developer" of
anyone or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any other
rights or remedies of "City" or apply to any subsequent breach of any
such or other covenants and conditions.
1 I. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this 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
DEVELOPMENT AGREEMENT (AZ-O3-027)
RLD.O6l404
PAGE 10 OF 21
annexation and zoning of the "Property" by the City Council. If for any reason after such
recordation, the City Council fails to adopt the ordinance in connection with the annexation
and zoning of the "Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court ofcompetent
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
13.2
In the event of a material breach ofthis 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
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
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 oftime of
such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements,
which the "Owner" and/or "Developer" agrees to provide, if required by the "City".
DEVELOPMENT AGREEMENT (AZ-03-027)
RLD.06l404
PAGE 11 OF 21
15. 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".
16. 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, this
Development Agreement, and the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Farwest, LLC
4487 N. Dresden Place #102
Garden City, Idaho 83714
DEVELOPMENT AGREEMENT (AZ-03-027)
RLD.O6l404
PAGE 12 OF 21
OWNER:
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Robert and Marlene Rhead
700 E. McMillan Road
Meridian, Idaho 83642
George and Betty Boyack
6210 N. Meridian 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 ofthis section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Owner" and/or "Developer" 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" 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.
DEVELOPMENT AGREEMENT (AZ-03-027)
RLD.06l404
PAGE 13 OF 21
21. INVALID PROVISION: IfanyprovisionofthisAgreementisheldnotvalid
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.
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 lor "Developer" and "City", other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by
them or their successors in interest or their assigns, and pursuant, with respect to "City", to a
duly adopted ordinance or resolution of "City".
22.1
No condition governing the uses and/or conditions governing development of
the subject "Property" herein provided for can be modified or amended
without the approval of the City Council after the "City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the Meridian
Zoning Ordinance in connection with the annexation and zoning of the "Property" and
execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-D3-027)
RLD.06l404
PAGE 14 OF 21
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and Made it effective as hereinabove provided.
DEVELOPER:
BY:~
Attest:
BY:
J^~:"f'.~AA~
OWNER:
BY, {JfI ~
ROB RT RHEAD
BY: ~ JH}kL
MARLENE RHEAD
AND
DEVELOPMENT AGREEMENT (AZ-03-027)
RLD.06l404
PAGE 15 OF 21
Attest:
~~
CITY CLERK
BY: ~ X ~
BETTY OYACK
CITY OF MERIDIAN
DEVELOPMENT AGREEMENT (AZ-O3-027)
RLD.O6l404
PAGE 16 OF 21
STATE OF IDAHO)
:ss
COUNTY OF ADA )
(SEAL)
On this {l ~-tl1. day of
2004, before me, a Notary
M~ CxolcisM'I& and
known or identified to me to be the MeW\..b~r- and
of FAR WEST, LLC, and the persons who executed the
instrument and acknowledged to me that they having executed the same on behalf of said
limited liability corporation.
..,.......
(~~' ':4
!*f ~:- *
\ \ ÞtTB\.'c,
<I' °0 0
'~.r.f ~ooo.. ..~
'Ii Of \1)
........,
c JUN\L , in the year
Public, personally appeared
,~L.~
Notary Public for Idaho
Residing at:n~~'~¡:'~l J~:ù
Commissio~
STATE OF IDAHO)
:ss
COUNTY OF ADA )
On this d-.1tf:.. day of ~ kv---R-- , in the year
2004, before me, a Notary Public, personally appeared ROBERT and MARLENE RHEAD,
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.
",""""""""'"
"""':"'" C:.. S C ;'~""'4
0°"":' .',.".,,/'7//,,".
~ Äc" " " <. ~
(f~~~;.~~~~'~F)
" tf' ". UBI" " 0;;;
'\ -'1",.."":,,."'¡:-l
..';",{f: 0 ¡: \~"",.$'
""""""'"""""
v4
DEVELOPMENT AGREEMENT (AZ-O3-027)
PAGE170F21
STATE OF IDAHO)
:ss
COUNTY OF ADA )
On this d~ day of .JIA,V\{., , in the year
2004, before me, a Notary Public, personally appeared GEORGE and BETTY BOYACK,
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)
STATE OF IDAHO)
:ss
County of Ada
~[~
Notary Public for Idaho
Residing at: ?~h,.d-tk1A1J
Commissio~
, ,
On this t"ft.. day of J!.<.ly , in the year 2004, before
me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know
or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who
executed the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
..,.. """"""
;.~C-e. L. S"-""
.I.~". .....;';/.¡. -"
1/ ,'r '..1> ';o~
(SEAL) I +OTAJtJ.-"\ i
¡ * -.- : * ¡¡
\ ÞUB\.\G 1 ¡
'\ cP.¡. /...~o l
"'~l'~ OF \"'i>t:.~
,..",........,
Z:\WorklMlMeridianlMeridian I 5360MlSaguaro Canyon Estates Sub AZ.o3-027 PP-O3-O32 CUP-O3-O58'RevisedDevelop AgrCLEAN 06
28 2004.doc
.~
DEVELOPMENT AGREEMENT (AZ-03-027)
PAGE 18 OF 21
EXHIBIT A
Lel!:al Description Of Propertv
A parcel of land located in Section 30, Township 4 North, Range 1 East of the Boise
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the south Y. comer of Section 30, TAN., RIE., B.M., the real point of
beginning ofthis description;
Thence N 89°45'44" W 658.14 feet to the SW comer of the East Y:z ofthe East Y:z of the SW
y. of said Section 30;
Thence N 00°29'56" E 2644.36 feet to the NW comer of the East Y:z of the East Y:z of the SW
y. of said Section 30;
Thence N 89°54'41" W 461.96 feet along the south line of the SE Y. of the NW Y. of said
Section 30 to a point;
Thence S 00°05'19" W 24.00 feet to a point;
Thence N 89°54'41" W 197.08 feet to a point;
Thence N 89°53'36" W 1098.64 feet to a point on the west line of said Section 30;
Thence N 00°23 '33" E 24.00 feet along said west line to the southwest comer ofthe NW Y.
(West Y. comer) of said Section 30;
Thence S 89°53 '36" E 1098.69 feet to the SW comer of the SE Y. of the NW Y. of said
Section 30;
Thence N 00°29'44" E 1330.18 feet to the NW comer of the SE Y. of the NW Y. of said
Section 30;
Thence S 89°52'26" E 1318.19 feet to the NE comer of the SE Y. of the NW Y. of said
Section 30;
Thence S 89°52'38" E 657.92 feet to the NE comerofthe West Y:z ofthe SW y.ofthe NE Y.
of said Section 30;
DEVELOPMENT AGREEMENT (AZ-03-027)
PAGE 19 OF 21
Thence S 00°32'25" W 1329.07 feet to the NE comer of the West y2 of the West y2 of the SE
y. of said Section 30;
Thence S 00°29'42" W 2647.60 feet the SE comer of the West Y2ofthe West y2 ofthe SE Y.
of said Section 30;
Thence N 89°46'01" W 658.26 feet along the south line of said Section 30 to the REAL
POINT OF BEGINNING ofthis description;
This parcel contains 140.97 acres, more or less.
DEVELOPMENT AGREEMENT (AZ-O3-027)
PAGE 20 OF 21
EXHIBIT B
Findin!!s of Fact and Conclusions of Law/Conditious of Approval
DEVELOPMENT AGREEMENT (AZ-03-027)
PAGE 21 OF 21
.
.
BEFORE THE MERIDIAN CITY COUNCIL
C/C 02/1 0/04
C/C 03/09/04
C/C 03/23/04
C/C 04113/04
C/C 04/20/04
FARWEST, LLC,
APPLICANT
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION)
AND ZONING OF 140.97 ACRES )
FOR PROPOSED SAGUARO )
CANYON ESTATES )
SUBDIVISIONFROM RUT TO R-4, )
LOCATED WITHIN SECTION 30, )
T4N, RIE, THE SQUARE MILE )
BORDERED BY CHINDEN BLVD., )
MERIDIAN, LOCUST GROVE AND )
McMILLAN ROADS, MERIDIAN, )
IDAHO )
)
)
)
Case No. AZ-03-027
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public hearing
on February 10, 2004, and re-noticed for March 9, 2004, and continued until March 23,2004,
April 13,2004, and April 20, 2004, at the hour of7:00 p.m., and Anna Powell Planning Director
for the Plann:ing and Zoning Department, Brad Watson of the Public Works Department, Dave
McKinnon, John Priddy, Mike Atkins, Stephanie BeeWer, Jeff Papke, Barbara Nosek, Becky
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE I OF 22
.
.
McKay, Dean Briggs, Mike Youngberg, Grant Lee, Brian McColl, and Robert Greiner, 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
1.
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-651 I, and Meridian City Code §§ 11-15-5 and 11-16-1.
2.
The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles I I and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3.
The property which is the subject of the application for annexation and
zoning as described in the application, is approximately 140.97 acres in size and is located within
Section 30, R4N., Rl E, the square mile bordered by Chinden Blvd, Meridian, Locust Grove and
McMillan Roads, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the
Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan.
4.
The owners of record of the subject property are Robert and Marlene Rhead and
George and Betty Boyack and they have submitted an affidavit oflegal interest to allow the
submission of subject applications. The Rheads own the 79.2 acre parcel that fronts on
McMillan Road and the Boyacks own the other 60.9 acre parcel. Applicant is Farwest, LLC,
represented by Justin Martin.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE2 OF 22
.
.
5.
The property is presently zoned RUT (Ada County), and consists of a single-
family residence and vacant land.
6.
The Applicant requests the property be zoned as R-4 (Low Density Residential).
7.
The subject property is surrounded by the following properties and uses:
North: Two, I a-acre parcels with single family residences and a 22.95-acre parcel
with a single family residence, all zoned RUT (Ada Co.)
South: Two lots in Crestwood Subdivision (5-acre lots), zoned RUT, and Cobre
Basin (Havasu Creek Sub.), zoned R-4 (Meridian)
East: One, IO-acre parcel with a single family residence, a 29.7-acre parcel with
a single family residence, and Larkwood Subdivision (2-3 acre lots), all zoned
RUT (Ada County)
West: Two, 20-acre parcels with upper-scale residences and a 1O3.24-acre parcel
with a single family residence, all zoned RUT (Ada Co.)
8.
The Applicant proposes to develop the subject property in the following manner:
a 432 lot residential planned development with 45 common lots, with the total lots being 478.
9.
The Applicant requests zoning of the subject real property as R-4, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Medium Density Residential.
10.
The North Slough Drain is a scenic feature that affects the consideration of this
application.
II.
The City Council recognized the concerns of the following individuals:
.:.
.:.
the Larkwood Homeowner's Association
Kenneth Christensen (letter dated 12/3/03)
Michael S. Adkins (letter dated 1/22/04)
John Priddy (letter dated 12/2/03)
.:.
.:.
Dean Briggs of Briggs Engineering, on behalf of Robert and Marlene Rhead,
entered into the public record their letter of approval, and which is on file with
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-O3-027)
PAGE 3 OF 22
.
.
the Meridian City Clerk's office.
12.
Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
I. Add a new condition to the Development Agreement (paragraph I .a.) which states: "No
more than 50 homes can be built until both the North Slough Trunk and a second
emergency access, constructed to the satisfaction of the Meridian Fire Department, are
built."
2. Add a new condition to the Development Agreement (paragraph l.b.) which states: "No
more than 236 building permits will be issued until a second public access is available,
either connecting to a platted stub street or the temporary use of the easement currently
enjoyed by the Boyacks. If the latter is the choice, it will be paved and at least 20 feet
wide."
3. Add a new condition to the Development Agreement (paragraph l.c.) which includes the
following language, (Per City Council meeting April 20, 2004.):
"There shall be a hold harmless agreement executed by the Applicant in favor of the City
of Meridian that the Applicant will hold the City harmless from any and all damages for
any failure to provide sanitary sewer service until it is available in the ordinary course of
the City's sewer development program. Applicant agrees that by annexing this property,
City is under no obligation to provide sewer services to the property on the Applicant's
timetable. No subdivision improvements beyond Phase I (that southerly portion of
Saguaro Canyon Estates which will gravity flow to the lift station in Cobre Basin
Subdivision) can begin until the North Slough Sewer Trunk's easements are finalized by
the City and the trunk construction schedule is finalized with the civil contractor that is
awarded the bid."
B.
Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
I. The applicant/owners shall enter into a Development Agreement (DA) with the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-O3-027)
PAGE 4 OF 22
.
.
Meridian. A condition of the DA shall be that the applicant participates in any road
infrastructure agreements in the North Meridian Planning Area negotiated with ACHD and
shall faithfully perform the terms of such agreement or agreements.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services
are available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance
12-4- 13. Plans will need to be approved by the appropriate irrigation/drainage district, or
lateral users association (ditch owners), with written approval or non-approval submitted
to the Public Works Department. Iflateral users association approval can't be obtained,
plans will be reviewed and approved by the Meridian City Engineer prior to final plat
signature.
4. Any future subdivision, planned development, uses and construction shall comply with the
City of Meridian ordinances in effect at the time.
C.
Adopt the ACHD conditions listed in their report dated November 13, 2004, which report
lists required site-specific requirements, conditions of approval and street improvements.
D.
Adopt the action ofthe City Council taken at their April 20, 2004 meeting as follows:
For clarification:
I. Placed into record, and which is on file with the Meridian City Clerk's office, is the
Letter of Approval and Acceptance from Grant and Joyce Lee, dated April 20, 2004.
2. The Applicant, Farwest, LLC, per their letter dated January 6,2004, pertaining to
Larkwood/Saguaro Canyon Agreements, agrees to provide the following:
a. A 25' height restriction (measurement at the peak, to allow for a second
story bonus room only) on 4 lots in the Saguaro Canyon Subdivision along
the Larkwood boundary (Lots 26, 41, 43 and 44, Block 9).
b. To construct a vinyl fence with I' lattice on the top along the Larkwood
west boundary.
c. The Applicant has cut and reworked the lots on the original submittal from
FmDmGS OF FACT AND CONCLUSIDNS OF LAW
AND DECISION AND ORDER GRANTmG APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 5 OF 22
.
.
27 buildable lots to 20 buildable lots in the latest plat. The 20 buildable lots
remaining on the Larkwood boundary average 13,268 square feet. These 20
lots are an average of 42.85% larger than the average lot in Saguaro
Canyon.
d. Tile the North Slough, North Slough #2 and the Rosti Laterals. Farwest,
LLC will also tile any of the above mentioned ditches adjacent to the
Larkwood west boundary regardless of their minor meandering across the
legal lot lines.
e. Provide a pressurized irrigation stub to each of the Larkwood lots adjoining
Saguaro Canyon, providing the Larkwood homeowners transfer sufficient
water rights to the pump station diversion point to provide for these stubs.
3. The Applicant submitted a revised preliminary plat dated April 6, 2004, in the
corresponding preliminary plat PP-03-032, which removes several lots on the east,
west and north boundaries. The revised plat proposes 432 buildable lots (vs. 442)
and has a gross density of3.09 du/acre (vs. 3.15 du/acre). Other than the removal of
ten (10) lots, no other modifications were made to the corresponding preliminary
plat, PP-03-032, the April 6, 2004 preliminary plat is approved.
4. The Applicant also submitted a future re-subdivision plan for Lot 34, Block 28 (the
5-acre Boyack lot).
5. A detailed fencing plan shall be submitted upon application of the final plat. A 5- foot
vinyl fence with one-foot of lattice on top is required adjacent to the Larkwood
Subdivision. In addition, the Applicant has agreed to provide a stamped concrete
fence adjacent to Lots 1-9, Block 33 and Lot 37, Block 28.
6. Prior to City of Meridian approval of a new, single-family building permit
for the area shown as Lot 34, Block 28, the area shall be combined with Ada
County parcel S0530244450 (the existing driveway) to create a single flag
lot with frontage on Meridian Road. If not previously platted, said flag lot
shall be included in the first final plat submitted that is north of Phase 5 (the
existing Ada Co. parcel S0530244350). A one-time building permit is
allowed to be issued for Ada Co. parcel S0530244350 (the 60.89 acre
Boyack parcel) prior to final plat recordation. Any existing dwelling units on
the parcel must be demolished prior to issuance of a new building permit.
7. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded
for the regional pathway in each phase of the subdivision. The public easement shall
be recorded for the pathway prior to occupancy of any structures in that particular
phase of the subdivision. Submit a copy of the recorded easement to the Planning
and Zoning and Parks Departments. The easement shall be sufficient width to cover
the I O-wide pathway. The pedestrian easement is allowed to decrease to 6 feet wide
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 6 OF 22
.
.
in front of Lots 7-12, Block 23 and Lot 71, Block 9, on the south side ofE. Mesa
Bluffs Street. Buildings are precluded from constructing within this easement. The
10-foot wide hard surfaced pathway shall be constructed and fully improved prior to
the issuance of the first Certificate of Occupancy for any building within the phase.
Additionally, a note shall be added to the face of each final plat indicating the City of
Meridian is responsible for the maintenance of the pathway surface located within the
easement. Applicant shall conform to the Park's Department standards for
construction of the regional pathway. The Homeowner's Association is responsible
for maintenance of all landscaping adjacent to the pathway.
8. Pertaining to the 24 foot access road, and which the Boyack 5-acre property is part of
the total parcel in this annexation and zoning, the 24 foot access road shall be
règulated as follows:
Within the Development Agreement there shall be a provision that the 24 foot lane
will be limited to use for one single-family residence on that five acres and no others,
until such time as either that residence obtains other public access, and/or the five
acres is approved for redevelopment. At that time, the 5-acre Boyack property shall
either: I) relinquish any rights to use that lane for access; 2) offer it for sale to either
the property owner on the north or the property owner on the south, at appraised fair
market value.
9. At the April 20, 2004 Council meeting, Dave McKinnon, the Applicant's
representative, addressed the neighboring property owners concerns over traffic,
density/transition, and collector roads. It is noted at the public hearing by Dave
McKinnon as follows:
Trame: Traffic has always been a concern, and there has been a recent concern with
the North Meridian Area Plan, as far as what is actually happening with it presently.
The impact fees that are paid for these types of projects are spent in different areas
currently, and you cannot have change in the road system without the impact fees.
Without the development there are no impact fees, and there would not be the money
to pay for the growth or for improvements in the roads in the future. This growth is
helping to pay, through ACHD, for the fixing and building of roads in other areas and
in the future these roads will be fixed and maintained by ACHD.
Due to a large ditch that runs along McMillan Road the developer is not able to
construct a secondary access onto McMillan Road.
DensitvlTransition: The reason for the 90 degree pie-shaped lots, which are located
on the rear eastern end of the project, are that these lots would be only approximately
two lots for every single one within Larkwood. Across the street the lots step down
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDNISION
(AZ-O3-027)
PAGE 7 OF 22
.
.
to 10,000 square feet; and which 10,000 square foot lots are still larger than the
minimum lot size. As you go farther back into the subdivision until you cross the
collector street those lots become smaller. The lots within the subdivision range from
9,200 sq. ft. up to 11,000 sq. ft. in size. Located on the interior of the subdivision are
large lots. The smaller lots are located adjacent to the school site, to the
Ashenbrenner's site, and across the collector street, to help provide for transition.
The transition expands from east to west within the subdivision.
Collector Roads: The City would like to see collector streets at the half-mile, but
they don't have to align directly with the half mile, (such as the Lochsa Falls
development).
The Priddy property does not want traffic running right along the side of their home
and property, and the need for buffering this area could be addressed by having the
street come in at the half-mile location, and then jog to the south. This would
provide a buffer to the 24 foot wide street. The Developer is in agreement of getting
rid of the 24 foot wide road once everything is developed. Upon complete build out
of the Saguaro Canyon Subdivision, then the 24 foot wide access road is something
that the Wilsons would have to work out with the Ashenbrenner property owners.
13.
It is found that the requested zoning designation, R-4, is harmonious with and in
accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which
designates the land to be "Medium Density Residential". There is a minimum target density of three
(3) dulacre in the Comprehensive Plan and Saguaro Canyon's gross density is 3.09 dulacre. The
Future Land Use Map shows a potential public park site, regional pathway, and future school site in
this section. The Applicant proposes to construct a 10-foot-wide regional path from the parcel's
west boundary to the northeast boundary. Joint School District No.2 has purchased 40 acres ofthe
1 10-acre Aschenbrenner parcel to the west for a middle school site and they are not pursuing any
further land acquisitions in Section 30 at this time. There is no awareness that any efforts of the
Meridian Parks and Recreation Department is undertaking to acquire land within this section for a
public park.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-O3-027)
PAGE 8 OF 22
.
.
The Comprehensive Plan contains policies which encourage development to be phased in
accordance with their connection to the sewer system (policy #8, page 108 )and similar policies
aimed at controlling growth. The majority of this development precedes the permanent sewer trunk
line that is intended to serve this area (North Slough).
The Comprehensive Plan policies which generally support the annexation request are as
follows:
Ch. V, Goal 1lI, Obj. B. #7
Ch. VI, Bullet #2, pg. 71
Ch. VI, Bullet #5, pg. 71
Ch. VI, Bullet #1, pg. 73
Ch. VI, Goal II, Obj. A, #5
Ch. VI, Goal II, Obj. A, #6
Ch. VII, Goal III, Obj. B, #3
Ch. VII, Goal VI, Obj. C, #3
Ch. VI, Goal IV, Obj. A, #10
Ch. VI, Goal IV, Obj. A, #13
Ch. VII, Goal V, Obj. A, #8
14.
It is not anticipated that the applicant intends to rezone the subject property in the
future. This is the first urban-scale development and annexation application in Section 30, T4N,
RIB. Upon extension of the North Slough Trnnkinto this square mile, additional rezone requests are
anticipated.
15.
It is found that the proposed single-family residential subdivision would be allowed
within the requested R-4 zone, with a Planned Development to allow the reduced frontages, lot sizes
and house sizes.
16.
It is found that the land directly south of the subject property was approved for
development similar to the proposed subdivision in 2002 (Cobre Basin/Havasu Creek). There is an
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDMSION
(AZ-O3-027)
PAGE 9 OF 22
.
.
existing church (Holy Apostle's Catholic) approximately 260 feet north of this property's north
boundary. Also, a new elementary school is currently being constructed in the northeast comer of
the section (approved through Ada County), approximately 1,000 feet from the subject parcel. It is
found that the requested zoning district (R-4) is harmonious with several other approved
developments in the North Meridian Area (e.g. Havasu Creek, Bridgetower, Lochsa Falls, Cedar
Springs).
Neither McMillan or Meridian Road (between Chinden and McMillan) are programmed
within ACHD's Five Year Work Program. McMillan Road is in ACHD's Capital Improvement
Program and is anticipated to be reconstructed in 2018. The property is designed to sewer into a
portion of the North Slough Trunk that is not yet constructed.
It is found that the requested zoning and annexation could be deemed premature for this
section (TAN., RIB, Section 30) based on the Comprehensive Plan policies noted in I3 above.
However, the approval ofHavasu Creek Subdivision and the school district's intent to construct a
new Middle School in the next two to three years demonstrates a certain degree of intent for the City
to expand in this area.
17.
It is found that the proposed single-family residential use will not change the existing
rural character of the subject property. There are two estate-style properties abutting the west
boundary and a low density, county development to the east. Neither of these is expected to
redevelop in the near future. The intended character of the vicinity is a mix of urban and suburban
scale developments on a generally gridded street system with a focus on single-family and multi-
family housing at 3 to 8 d.u./acre. The proposed use is compatible with the Future Land Use Map.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 10 OF 22
.
.
The design and density conforms to most of the Comprehensive Plan policies.
18.
It is not anticipated that the proposed residential uses will be hazardous. However, it
is found that the new residences may be disruptive to existing agricultural practices to the west and
north.
19.
It is found that the property to be annexed will or can be served adequately by most
essential public facilities and services if all conditions of approval are met by the applicant. The
applicant shall be required to extend water mains to and through the proposed development, thereby
making them available to the adjacent properties. The applicant and/or future property owners will
be required to pay park and highway impact fees as well as construct on-site stormwater drainage
facilities.
As noted under paragraph I3 above, the north two-thirds of the parcel are not served by
sanitary sewer. There shall be a hold harmless agreement executed by the Applicant in favor of the
City of Meridian that the Applicant will hold the City harmless from any and all damages fro any
failure to provide sanitary sewer service until it is available in the ordinary course of the City's sewer
development program. The Applicant agrees that by annexing this property, the City is under no
obligation to provide sewer services to the property on the Applicant's timetable. No subdivision
improvements beyond Phase 1 (the southerly portion of Saguaro Canyon Estates which will gravity
flow to the lift station in Cobre Basin Subdivision) can begin until the North Slough Sewer Trunk's
easements are finalized by the City and the trunk construction schedule is finalized with the civil
contractor that is awarded the bid.
Review of the ACHD, Police and the Fire Department comments concerning this subdivision
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-O3-027)
PAGE II OF 22
.
.
will provide further information regarding public services and facilities.
20.
It is found that there will not be excessive additional requirements at public cost for
public services and facilities, if the applicant complies with the conditions of approval for the
accompanying conditional use permit and preliminary plat applications.
21.
It is recognized that traffic and noise will increase significantly upon build-out of the
proposed subdivision. Referral ofthe TIS prepared by WGI that accompanies this application will
provide specific details on traffic impacts. Specifically, the Red Horse Way/McMillan intersection
(serving both Havasu Creek and Saguaro Canyon) will create congestion on McMillan Road, even
with the center turn lane and right turn lanes constructed. However, it is not felt that the amount
generated will be detrimental to the public welfare if all City and ACHD conditions of approval are
met.
It is found that the proposed subdivision will not involve uses that would create other
nuisances that would be detrimental to the general welfare of the surrounding area.
22.
It is found that the subdivision's vehicular approaches off of McMillan Road will
need to be aligned with the existing public street on the south side of McMillan and comply with the
turn lane and intersection control conditions imposed by ACHD. The other proposed roadways will
need to be improved in compliance with ACHD requirements in order to alleviate interference with
the existing and proposed intersections. Review of ACHD comments concerning vehicular
approaches and traffic generation will provide additional information on this matter. ACHD has
approved Saguaro Canyon application.
23.
It is found that no natural or scenic features of major importance will be lost or
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-O3-027)
PAGE 12 OF 22
.
.
damaged by approving the annexation and re-zone. The North Slough does bisect the property and is
proposed to be piped underground. However, this facility is not considered to be a feature of"rnajor
importance" for the community. Any existing trees larger than 4" caliper that are removed shall be
mitigated for, per the Landscape Ordinance.
24.
It is found that water, irrigation, solid waste, library and street services are
available to the site. Sewer and fire service are readily available to approximately 50 of the 442
buildable lots. Existing elementary school capacity remains an important but undetermined factor
for this subdivision. In his November 10, 2003 letter to the city, Mr. Wendel Bigham states that
"additional students will further compound the current overcrowded situation. Residents cannot
be assured of attending the neighborhood school." Both Havasu Creek and Paramount
Subdivision, approximately Y> miles to the west, have been approved for new elementary schools,
although neither of these sites has a construction date at this time.
Long-range planning in the North Meridian area has been underway since 2001. This area
is a part of the North Meridian Area Plan. The proposed use and density generally comply with
this plan. It is found that the annexation of this property mayor may not be in the best interest of
the City. In particular, paragraphs 13 and 16 above, raise concerns about the timing of expanding
the city limits into Section 30 (T4N, RlE) prior to all municipal and school district services
being fully addressed.
25.
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 payers will be protected, a
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 13 OF 22
.
.
condition of annexation and zoning designation.
26.
It is also 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 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 traftic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
I.
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § I I - I 6 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 Planning 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, 2002,
Resolution No. 02-382.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-O3-027)
PAGE 14 OF 22
.
.
4.
The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Ch. V, Goal III, Obj. B. #7
Ch. VI, Bullet #2, pg. 71
Ch. VI, Bullet #5, pg. 71
Ch. VI, Bullet #1, pg. 73
Ch. VI, Goal II, Obj. A, #5
Ch. VI, Goal II, Obj. A, #6
Ch. VII, Goal III, Obj. B, #3
Ch. VII, Goal VI, Obj. C, #3
Ch. VI, Goal IV, Obj. A, #10
Ch. VI, Goal IV, Obj. A, #13
Ch. VII, Goal V, Obj. A, #8
5.
The zoning of (R-4) Low Density Residential is defined in the Zoning Ordinance at §
11-7-2 C as follows:
(R-4) Low Densitv 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 oflow density
single-family dwellings, and to delineate those areas where predominantly residential
development has, oris 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
nonresidential uses. The R-4 District allows for a maximum offour (4) dwelling units per
acre and requires connection to the Municipal water and sewer systems ofthe City.
6.
Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
7.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-O3-027)
PAGE 15 OF 22
.
.
Subdivision and Development Ordinance of the City of Meridian.
8.
Pursuant to Section I I - I 6-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LA W, the City Council does hereby Order and this does
Order:
I.
The applicant's request for annexation and zoning of approximately 140.97 acres to
Low Density Residential (R-4) is granted subject to the terms and conditions of this Order hereinafter
stated.
2.
The application is for annexation and zoning of 140.97 acres. The legal description
shall be prepared by a Registered Land Surveyor, 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
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A.
Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Add a new condition to the Development Agreement (paragraph l.a.) which states: "No
more than 50 homes can be built until both the North Slough Trunk and a second
emergency access, constructed to the satisfaction of the Meridian Fire Department, are
built."
2. Add a new condition to the Development Agreement (paragraph l.b.) which states: "No
more than 236 building permits will be issued until a second public access is available,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-O3-027)
PAGE 16 OF 22
.
.
either connecting to a platted stub street or the temporary use of the easement currently
enjoyed by the Boyacks. If the latter is the choice, it will be paved and at least 20 feet
wide."
3. Add a new condition to the Development Agreement (paragraph I .c.) which includes the
following language, (Per City Council meeting April 20, 2004.):
"There shall be a hold harmless agreement executed by the Applicant in favor of the City
of Meridian that the Applicant will hold the City harmless from any and all damages for
any failure to provide sanitary sewer service until it is available in the ordinary course of
the City's sewer development program. Applicant agrees that by annexing this property,
City is under no obligation to provide sewer services to the property on the Applicant's
timetable. No subdivision improvements beyond Phase I (that southerly portion of
Saguaro Canyon Estates which will gravity flow to the lift station in Cobre Basin
Subdivision) can begin until the North Slough Sewer Trunk's easements are finalized by
the City and the trunk construction schedule is finalized with the civil contractor that is
awarded the bid."
B.
Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
1. The applicant/owners shall enter into a Development Agreement (DA) with the City of
Meridian. A condition of the DA shall be that the applicant participates in any road
infrastructure agreements in the North Meridian Planning Area negotiated with ACHD and
shall faithfully perform the terms of such agreement or agreements.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services
are available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance
12-4- I 3. Plans will need to be approved by the appropriate irrigation/drainage district, or
lateral users association (ditch owners), with written approval or non-approval submitted
to the Public Works Department. IfIateral users association approval can't be obtained,
plans will be reviewed and approved by the Meridian City Engineer prior to final plat
signature.
4. Any future subdivision, planned development, uses and construction shall comply with the
City of Meridian ordinances in effect at the time.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-O3-027)
PAGE 17 OF 22
.
.
C.
Adopt the ACHD conditions listed in their report dated November 13, 2004, which report
lists required site-specific requirements, conditions of approval and street improvements.
D.
Adopt the action of the City Council taken at their April 20, 2004 meeting as follows:
For clarification:
I. Placed into record, and which is on file with the Meridian City Clerk's office, is the
Letter of Approval and Acceptance from Grant and Joyce Lee, dated April 20, 2004.
2. The Applicant, Farwest, LLC, per their letter dated January 6, 2004, pertaining to
Larkwood/Saguaro Canyon Agreements, agrees to provide the following:
a. A 25' height restriction (measurement at the peak, to allow for a second story
bonus room only) on 4 lots in the Saguaro Canyon Subdivision along the
Larkwood boundary (Lots 26, 4 I, 43 and 44, Block 9).
b. To construct a vinyl fence with I' lattice on the top along the Larkwood west
boundary.
c. The Applicant has cut and reworked the lots on the original submittal from 27
buildable lots to 20 buildable lots in the latest plat. The 20 buildable lots
remaining on the Larkwood boundary average 13,268 square feet. These 20
lots are an average of 42.85% larger than the average lot in Saguaro Canyon.
d. Tile the North Slough, North Slough #2 and the Rosti Laterals. Farwest, LLC
will also tile any of the above mentioned ditches adjacent to the Larkwood
west boundary regardless of their minor meandering across the legal lot lines.
e. Provide a pressurized irrigation stub to each of the Larkwood lots adjoining
Saguaro Canyon, providing the Larkwood homeowners transfer sufficient
water rights to the pump station diversion point to provide for these stubs.
3.
The Applicant submitted a revised preliminary plat dated April 6, 2004, in the
corresponding preliminary plat PP-03-032, which removes several lots on the east,
west and north boundaries. The revised plat proposes 432 buildable lots (vs. 442)
and has a gross densityof3.09 dulacre (vs. 3.15 dulacre). Other than the removal of
ten (IO) lots, no other modifications were made to the corresponding preliminary
plat, PP-03-032, the April 6, 2004 preliminary plat is approved.
4.
The Applicant also submitted a future re-subdivision plan for Lot 34, Block 28 (the
5-acre Boyack lot).
5.
A detailed fencing plan shall be submitted upon application of the final plat. A 5-foot
vinyl fence with one-foot of lattice on top is required adjacent to the Larkwood
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-03-027)
PAGE 18 OF 22
8.
9.
.
.
Subdivision. In addition, the Applicant has agreed to provide a stamped concrete
fence adjacent to Lots 1-9, Block 33 and Lot 37, Block 28.
6.
Prior to City of Meridian approval of a new, single-family building permit for the
area shown as Lot 34, Block 28, the area shall be combined with Ada County parcel
S0530244450 (the existing driveway) to create a single flag lot with frontage on
Meridian Road. If not previously platted, said flag lot shall be included in the first
final plat submitted that is north of Phase 5 (the existing Ada Co. parcel
S0530244350). A one-time building permit is allowed to be issued for Ada Co.
parcel S0530244350 (the 60.89 acre Boyack parcel) prior to final plat recordation.
Any existing dwelling units on the parcel must be demolished prior to issuance of a
new building permit.
7.
A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded
for the regional pathway in each phase of the subdivision. The public easement shall
be recorded for the pathway prior to occupancy of any structures in that particular
phase of the subdivision. Submit a copy of the recorded easement to the Planning
and Zoning and Parks Departments. The easement shall be sufficient width to cover
the I O-wide pathway. The pedestrian easement is allowed to decrease to 6 feet wide
in front of Lots 7-12, Block 23 and Lot 71, Block 9, on the south side ofE. Mesa
Bluffs Street. Buildings are precluded from constructing within this easement. The
10-foot wide hard surfaced pathway shall be constructed and fully improved prior to
the issuance of the first Certificate of Occupancy for any building within the phase.
Additionally, a note shall be added to the face of each final plat indicating the City of
Meridian is responsible for the maintenance of the pathway surface located within the
easement. Applicant shall conform to the Park's Department standards for
construction of the regional pathway. The Homeowner's Association is responsible
for maintenance of all landscaping adjacent to the pathway.
Pertaining to the 24 foot access road, and which the Boyack 5-acre property is part of
the total parcel in this annexation and zoning, the 24 foot access road shall be
regulated as follows:
Within the Development Agreement there shall be a provision that the 24 foot lane
will be limited to use for one single-family residence on that five acres and no others,
until such time as either that residence obtains other public access, and/or the five
acres is approved for redevelopment. At that time, the 5-acre Boyack property shall
either: 1) relinquish any rights to use that lane for access; 2) offer it for sale to either
the property owner on the north or the property owner on the south, at appraised fair
market value.
At the April 20, 2004 Council meeting, Dave McKinnon, the Applicant's
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-O3-027)
PAGE 19 OF 22
.
.
representative, addressed the neighboring property owners concerns over traffic,
density/transition, and collector roads. It is noted at the public hearing by Dave
McKinnon as follows:
Traffic: Traffic has always been a concern, and there has been a recent concern with
the North Meridian Area Plan, as far as what is actually happening with it presently.
The impact fees that are paid for these types of projects are spent in different areas
currently, and you cannot have change in the road system without the impact fees.
Without the development there are no impact fees, and there would not be the money
to pay for the growth or for improvements in the roads in the future. This growth is
helping to pay, through ACHD, for the fixing and building of roads in other areas and
in the future these roads will be fixed and maintained by ACHD.
Due to a large ditch that runs along McMillan Road the developer is not able to
construct a secondary access onto McMillan Road.
Densitv/Transition: The reason for the 90 degree pie-shaped lots, which are located
on the rear eastern end of the project, are that these lots would be only approximately
two lots for every single one within Larkwood. Across the street the lots step down
to 10,000 square feet; and which 10,000 square foot lots are still larger than the
minimum lot size. As you go farther back into the subdivision until you cross the
collector street those lots become smaller. The lots within the subdivision range from
9,200 sq. ft. up to 11,000 sq. ft. in size. Located on the interior of the subdivision are
large lots. The smaller lots are located adjacent to the school site, to the
Ashenbrenner's site, and across the collector street, to help provide for transition.
The transition expands from east to west within the subdivision.
Collector Roads: The City would like to see collector streets at the half-mile, but
they don't have to align directly with the half mile, (such as the Lochsa Falls
development).
The Priddy property does not want traffic running right along the side of their home
and property, and the need for buffering this area could be addressed by having the
street come in at the half-mile location, and then jog to the south. This would
provide a buffer to the 24 foot wide street. The Developer is in agreement of getting
rid of the 24 foot wide road once everything is developed. Upon complete build out
of the Saguaro Canyon Subdivision, then the 24 foot wide access road is something
that the Wilsons would have to work out with the Ashenbrenner property owners.
4.
The City Attorney shall prepare for consideration by the City Council the appropriate
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-O3-027)
PAGE20 OF 22
~Æ"j".:\I"".
.
.
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (R-4) Low Density Residential District, and Meridian City Code § II-7-2.
5.
Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance
with the provisions ofthe annexation and zoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS 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 toll the time period within which a Petition
for Judicial Review may be filed.
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 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 ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the
/ /-ilL day of
/J1æ!f
ROLL CALL
,2004.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION
(AZ-O3-027)
PAGE 21 OF 22
.
.
COUNCILMAN SHAUN WARDLE
VOTED ~
COUNCILMAN BILL NARY
VOTED~
COUNCILMAN CHARLIE ROUNTREE
VOTED~
VOTED~
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: ,L')--II-C?~
VOTED-==-
Attest:
By: ~.Å~
City Clerk
Dated: mÖ ~ If , 2 ()()4-
Z:\WorklMlMeridianlMeridian 15360MlSaguaro Canyon Estates Sub AZ-O3-027 PP-O3-032 CUP-O3-058IAZFICl&Order.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDNISION
(AZ-O3-027)
PAGE 22 OF 22