Tiburon Meadows RZ 04-007
/
PARTIES:
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 4{'r'J6
BOISE IDAHO 09/01/04 01:51 PM
~~~~~ÓE~:a~~~~~~ OF 1111111111111111111111111111111111111
Meridian CIIy 104112889
DEVELOPMENT AGREEMENT
1.
2.
3.
4.
City of Meridian
Stonehouse Evangelical Corporation, Owner
Greta Huit, Trustee, Huit 1992 Revocable Trust, Owner
Tiburon Meadows, LLC/Ron Sargent, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this ~ day of AI ~Il~'- , 2004, by and between CITY OF
MERIDIAN, a municipal corporation the State ofIdaho, hereafter called "CITY', and
STONEHOUSE EVANGELICAL CORPORATION, whose address is 1450 North Ten
Mile Road, Meridian, Idaho 83642, hereinafter called "OWNER", and GRETA HUIT,
TRUSTEE, HUIT 1992 REVOCABLE TRUST, whose address is 7461 Ustick Road,
Nampa, Idaho 83687, hereinafter called "OWNER", and TIBURON MEADOWS, LLC,
whose address is 4915 W. Callas St., Boise, Idaho 83705, hereinafter called
"DEVELOPER".
1.
1.3
1.4
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 of the subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15.12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
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, (R-8) Medium Density Residential District, and (L-O)
DEVELOPMENT AGREEMENT (RZ-O4-007)
PAGE 1 OF 32
1.6
I.7
1.8
1.9
1.9
Limited Office District, (Municipal Code of the City of Meridian);
and
1.5
WHEREAS, "Developer" made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject
"Property" will be developed and what improvements will be
made; and
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
before the Planning & Zoning Commission, and subsequently
before the City Council, include responses of govemment
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment;
and
WHEREAS, City Council, the Z 7~ day of..¿¡¿.1:/ ,2004, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached
hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as (the "Findings"); and
WHEREAS, the Findings require the "Owner" and "Developer" to
enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
"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
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 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 ITom government subdivisions providing
services within the planning jurisdiction and ITom affected property
DEVELOPMENT AGREEMENT (RZ-O4-007)
PAGE 2 OF 32
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 Ordinances codified in Meridian City
Code Title 11 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
3.4
"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
oflaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
"DEVELOPER": means and refers to Tiburon Meadows, LLC,
whose address is 4915 W. Camas St., Boise, Idaho 83705, the party
developing said "Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
"OWNER": means and refers to Stonehouse Evangelical
Corporation, whose address is 1450 North Ten Mile Road,
Meridian, Idaho 83642, and Greta Huit, Trustee, Huit 1992
Revocable Trust, whose address is 7461 Ustick Road, Nampa,
Idaho 83687, 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
DEVELOPMENT AGREEMENT (RZ-O4-007)
PAGE 3 OF 32
zoned R-4, R-8 and L-O attached hereto and by this reference
incorporated herein as if set forth at length.
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 1 1-7-2 (C). (D). and (a) which are herein specified as
follows:
Construction and development of a residential planned
development. The existing church will remain and the existing
residential lot to be rezoned to L-O, on a total acreage
consisting of 10.69 acres in proposed R-4, R-8 and 1--0 zones.
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 Recommendations of the Planning and Zoning Department as follows:
1.
The Applicant has submitted new legal descriptions identifYing each
zone.
B.
Adopt the action of the City Council taken at their July 6, 2004 meeting as follows:
DEVELOPMENT AGREEMENT (RZ-O4-007)
PAGE 4 OF 32
For clarification:
1.
The Applicant has spoken with Joe Silva of the Meridian Fire Department,
and pertaining to the church's two points of access, and in particular, the
southern access shall be required to become an emergency access only.
Therefore, a three to four foot high gate, which shall be approved by the
Meridian Fire Department, shall be provided for use by emergency vehicles
only.
2.
The Applicant's property encroaches 30 feet into the District's easement,
including to the center line of the Lateral, which is within the two buildable
lots. Therefore, the Applicant shall be required to obtain an Encroachment
Agreement with the Nampa & Meridian Irrigation District, for this 30 foot
encroachment into the Eight Mile Lateral. This agreement would allow the
Homeowners Association access to the Eight Mile Lateral which is not piped.
3.
Option for the Applicant: Option 1) The garage on Lot 1 shall be
demolished, or Option 2) Lot I and Lot 2 shall be combined into one lot.
PRELIMINARY PLAT CONDITIONS:
A.
1.
2.
B.
Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
Add a note stating that the landscape buffer along Ten Mile Road needs to be 25'
in width.
Add all three special considerations listed in the staff report as Site Specific
Conditions.
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC COMMENTS - PRELIMINARY PLAT
1. All landscaping will be required per the landscape plans submitted with the
application, with modifications as noted in the CUP section of this report. A 25'
landscape buffer must be depicted along Ten Mile Road; easement must be shown on
plat.
2. Increase the ITontage of Lots 10-1 1,23-24, and 29-30 to be a minimum of 15-feet
each, for a total of30-feet for a shared driveway.
DEVELOPMENT AGREEMENT (RZ-O4-007)
PAGE 5 OF 32
3. All conditions of the accompanying Conditional Use Permit application shall also be
considered conditions of the Preliminary Plat.
4. Sanitary sewer and water service to this development shall be via mainline extensions
ITom the existing City of Meridian mains adjacent to the project.
5. The applicant has indicated that the pressurized irrigation system within this
development is to be owned and operated by the Nampa & Meridian Irrigation
District.
Underground year-round pressurized irrigation must be provided to all lots within
this development (MCC 12-5-2.N). The City of Meridian requires that pressurized
irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3).
The Applicant shall be required to utilize any existing surface or well water for
the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point
connection is utilized, the developer shall be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City
Engineer. Ifthe system is to remain private, a draft copy of the pressurized
irrigation system O&M manual must be submitted prior to plan approval.
6. The applicant shall be responsible for payment of and the actual physical sanitary
sewer and domestic water connection for the existing house.
7. Existing home: Proposed Lot I has an existing detached garage and proposed Lot 2
has an existing house and attached garage. The garage on proposed Lot I is
considered to be an accessory use to the house on proposed lot 2 and cannot be
located on its own lot. The àetaehed gam¡;;e weald flet Be allay;eà on its aWfl let in
aitflertRa L 0 er R 1 zeaiag Eiistriets. Staff recommends that either the garage on Lot
I be demolished or that Lots I and 2 be combined into one lot. (Per action of the
City Council taken at their July 6,2004 meeting.)
8. Secondary Emergency Access: The existing access point at the south end of the
subject property will be converted into an emergency access. The developer should
coordinate with Meridian's Fire Chief on the configurationofthe emergency access.
9. Staff has added a condition that requires a cross-access easement be established
between the proposed Lots 40 and 41 (the two church lots.)
DEVELOPMENT AGREEMENT (RZ-O4-007)
PAGE 6 OF 32
10. The Applicant's property encroaches 30 feet, including to the center line of the
Lateral, which is within the two buildable lots. Therefore, the Applicant shall be
required to obtain an Encroachment Agreement with the Nampa & Meridian
Irrigation District, for this 30 foot encroachment into the Eight Mile Lateral. This
agreement would allow the Homeowners Association access to the Eight Mile
Lateral which is not piped. (Per action of the City Council taken at their July 6, 2004
meeting.)
GENERAL COMMENTS-PRELIMINARY PLAT
1.
Please submit a copy of the Ada County Street Name Committee's approval letter for
the subdivision name. Make any corrections necessary to conform.
2.
A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water,
etc., prior to signature on the final plat.
3.
Sidewalks within the proposed subdivision shall be built in accordance with MCC 12-
13-10-8.
4.
Any tree over 4" in caliper that is removed ftom the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees that
were removed. Required landscaping trees will not be considered as replacement
trees for those trees that are removed.
5.
Developer shall coordinate mailbox locations with the Meridian Post Office.
6.
Any existing domestic wells and/or septic systems within this project will have to be
removed ITom their domestic service per City Ordinance Section 9-1-4 and 9-4-8.
Wells maybe used for non-domestic purposes such as landscape irrigation.
7.
Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
8.
250 and 100-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire
hydrants. Final design locations and quantity are determined after power designs are
completed by Idaho Power Company. The street light contractor shall obtain design
and permit ITom the Public Works Department prior commencing installations.
DEVELOPMENT AGREEMENT (RZ-O4-007)
PAGE 7 OF 32
C.
9.
All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided 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 owner's), 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.
10.
Please submit all updated groundwater/soils monitoring data to the Public Works
Department for review. All drainage areas (detention/retention basins) must be
designed to ensure that water is retained only during I OO-year storm events, and for a
period of time not to exceed 24 hours. Side slopes within drainage areas shall not
exceed 3: I. The project engineer should pay close attention to the results of field
studies determining the groundwater, soil type & and characteristics during the
design and construction phases. The engineer shall be required to certifY that the
street centerline elevations are set a minimum of3- feet above the highest established
normal groundwater elevation.
II.
The engineer shall be required to certifY that the street centerline elevations are set a
minimum of3-feet above the highest established normal groundwater elevation. This
is to ensure that the bottom elevation ofthe crawl spaces of homes is at least I-foot
above groundwater.
12.
Compaction test results must be submitted to the Meridian Building Department for
all building pads receiving engineered backfill, where footing would sit atop fill
material.
Adopt the Recommendations of the Meridian Fire Department as follows:
I.
One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart. International Fire Code Appendix D
2.
Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
DEVELOPMENT AGREEMENT (RZ-O4-007)
PAGE 8 OF 32
d. Locations with fire hydrants shall have the curb painted red 10' to each side
of the hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3.
All entrance and internal roads shall have a turning radius of28' inside and
48' outside radius.
4.
Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
5.
To increase emergency access to the site a minimum of two points of access will be
required for any portion of the project, which serves more than 50 homes. The two
entrances shall be separated by no less than Yz the diagonal measurement of the project.
6.
The roadways shall be built to Ada County Highway Standards and shall have a clear
driving surface, available at all times, which is 20' wide. Streets with less than a 29'
street width shall have no parking. Streets with less than 33' shall have parking only
on one side.
7.
Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be placed
an average of300' apart.
8.
The proposed 46-lot subdivision with an estimated 2.9 residents per household would
have a total estimated population of 122 residents at build out.
9.
The proposed office/commercial lots lot will have an unknown transient population and
will have an unknown impact on Meridian Fire Department call volumes. The
Meridian Fire Department has experienced 2397 responses in the year 2003. According
to a report completed by Fire & Emergency Services Consulting Group our requests for
service are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
10.
Maintain a separation of 5' ITom the building to the dumpster enclosure,
II.
All portions of the buildings located on this project must be within 150' of a paved
surface.
12.
Provide exterior egress lighting as required by the International Building & Fire Codes.
DEVELOPMENT AGREEMENT (RZ-O4-007)
PAGE 9 OF 32
D.
Adopt the Recommendations of Central District Health Department as follows:
I.
This proposal can be approved for central sewage & central water after written
approval ITom appropriate entities is submitted.
2.
The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3.
Run-off is not to create a mosquito breeding problem.
4.
Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5.
The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
E.
Adopt the recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
1.
Dedicate a total of 48-feet of right-of-way ITom the centerline ofTen Mile Road
abutting the parcel by means of a warranty deed. The right-of-way purchase and
sale agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way if the
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #198), if funds are available.
2.
Construct a 5-foot concrete sidewalk abutting the site on Ten Mile Road OR
provide a road trust deposit to the District for the cost of the sidewalk. The
approximate cost of the road trust deposit would be $7,440. The face of the
sidewalk should be located a minimum of 41-feet ITom the centerline ofTen Mile
Road.
DEVELOPMENT AGREEMENT (RZ-O4-007)
PAGE 10 OF 32
3.
Construct W. Sheryl Street to intersect Ten Mile Road approximately I 50-feet
south ofthe north property line (measured property line to centerline), as
proposed.
4.
W. Sheryl Street shall be constructed as a 40-foot street section with curb, gutter,
and 5-foot concrete sidewalks within 54-feet of right-of-way ITom Ten Mile Road
approximately 260-feet into the site (which is the east property boundaries for Lot
2 and Lot 40, Block I).
5.
Construct the following internal streets as 33-foot street sections with rolled curb,
gutter and 5-foot attached concrete sidewalks within 42-feet of right-of-way: N.
Victor Ave., W. Santa Clara Drive, N. Tiburon Way, the easterly 300-feet ofW.
Sheryl Street. The applicant should provide the District with an easement for the
sidewalk that extends outside of the right-of-way. If the applicant would like to
have parking on both sides of the roadway, the applicant should submit a letter
ITom the appropriate fire District allowing parking to remain on both sides of the
roadway.
6.
Locate the driveways for the church and the future commercial uses shall be
located on W. Sheryl Street a minimum of 50-feet ITom the intersection ofTen
Mile and W. Sheryl Street.
7.
Utilize the southern church driveway, located 17-feet north of the south property
line, on Ten Mile Road, as an emergency access only. Install "Emergency Access
Only" signage beside the driveway, and install bollards or some other barrier
acceptable to the local fire department to prevent regular vehicular access.
8.
Other than W. Sheryl Street and the emergency access, no additional access points
to Ten Mile Road are approved with this application.
9.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
2.
I.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
All utility relocation costs associated with improving street ITontages abutting the
site shall be borne by the developer.
DEVELOPMENT AGREEMENT (RZ-O4-007)
PAGE 11 OF 32
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
5.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8.
Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance # 198, also known as Ada County Highway District
Road Impact Fee Ordinance.
9.
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10.
No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change ITom the Ada County Highway District.
DEVELOPMENT AGREEMENT (RZ-O4-007)
PAGE 12 OF 32
11.
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use ofthe subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
F.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
I. The District requires a Land Use Change Application to be filed for review
prior to fmal platting.
2. All laterals and waste ways must be protected. The District's Eight Mile
Lateral courses through the southwest comer of this proposed project.
This easement must be protected and any encroachment without a signed
License Agreement and approved plans, before any construction is started,
is unacceptable.
3. All municipal surface drainage must be retained on site. If any municipal
surface drainage leaves the site, the District must review drainage plans.
The developer must comply with Idaho Code 31-3805.
G.
Adopt the action of the City Council taken at their July 6,2004 meeting as follows:
For clarification:
I.
The Applicant has spoken with Joe Silva of the Meridian Fire Department,
and pertaining to the church's two points of access, and in particular, the
southern access shall be required to become an emergency access only.
Therefore, a three to four foot high gate, which shall be approved by the
Meridian Fire Department, shall be provided for use by emergency vehicles
only.
2.
The Applicant's property encroaches 30 feet into the District's easement,
including to the center line ofthe Lateral, which is within the two buildable
lots. Therefore, the Applicant shall be required to obtain an Encroachment
Agreement with the Nampa & Meridian Irrigation District, for this 30 foot
encroachment into the Eight Mile Lateral. This agreement would allow the
DEVELOPMENT AGREEMENT (RZ-O4-007)
PAGE 13 OF 32
B.
Homeowners Association access to the Eight Mile Lateral which is not piped.
(Added as a new number 10. under SITE SPECIFIC COMMENTS -
PRELIMINARY PLAT hereinabove, as per action of the City Council taken
at their July 1, 2004 meeting.)
3.
Option for the Applicant: Option I) The garage on Lot I shall be
demolished, or Option 2) Lot I and Lot 2 shall be combined into one lot. (See
SITE SPECIFIC COMMENTS - PRELIMINARY PLAT number 7.
hereinabove, as per action of the City Council taken at their July 1,2004
meeting.)
4.
The L-O zoning lots consist of three (3) lots in the southerly portion of the
property. Two of the lots are located where the existing church is
presently and which incorporates the majority of the L-O zoning, and the
third lot ITonts onto Ten Mile Road
CONDITIONAL USE PERMIT CONDITIONS:
A.
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1.
All conditions of the accompanying Preliminary Plat application shall also be
considered conditions of the CUP.
2.
This conditional use permit shall be subject to the expiration provisions set forth in
MCC 11-17-4.8.
3.
All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
4.
Revised Plans: Staff recommends that the plans be modified in compliance with this
report and any additional conditions ITom the Commission and that the applicant
submit 10 copies of all revised plans (plat and landscape) at least 10 days prior to the
next hearing on this application.
Adopt the Recommendations of the Meridian Fire Department as follows:
I.
One and two family dwellings will require a fire-flow of 1,000 gallons per
minute available for duration of 2 hours to service the entire project. Fire
DEVELOPMENT AGREEMENT (RZ-O4-007)
PAGE 14 OF 32
hydrants shall be placed an average of 400' apart. International Fire Code
Appendix D
2.
Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 v," outlet face the main street or
parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses
on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to
each side of the hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within
10'.
3.
All entrance and internal roads shall have a turning radius of28' inside
and 48' outside radius.
4.
Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins.
5.
To increase emergency access to the site a minimum of two points of
access will be required for any portion of the project, which serves more
than 50 homes. The two entrances shall be separated by no less than Y, the
diagonal measurement of the project.
6.
The roadways shall be built to Ada County Highway Standards and shall
have a clear driving surface, available at all times, which is 20' wide.
Streets with less than a 29' street width shall have no parking. Streets
with less than 33' shall have parking only on one side.
7.
Commercial and office occupancies will require a fire-flow consistent
with the International Fire Code to service the proposed project. Fire
hydrants shall be placed an average of 300' apart.
8.
The proposed 42-lot subdivision with an estimated 2.9 residents per
household would have a total estimated population of 122 residents at
build out.
DEVELOPMENT AGREEMENT (RZ-O4-007)
PAGE 15 OF 32
c.
9.
The proposed office/commercial lots lot will have an unknown transient
population and will have an unknown impact on Meridian Fire
Department call volumes. The Meridian Fire Department has
experienced 2397 responses in the year 2003. According to a report
completed by Fire & Emergency Services Consulting Group our requests
for service are projected to reach 2800 in the year 2005 and 3800 by the
year 2010.
10.
Maintain a separation of5' ftom the building to the dumpster enclosure.
11.
All portions of the buildings located on this project must be within 150'
of a paved surface.
12.
Provide exterior egress lighting as required by the Intemational Building
& Fire Codes.
Adopt the Recommendations of Central District Health Department as follows:
I.
2.
3.
4.
5.
D.
This proposal can be approved for central sewage & central water after
written approval ITom appropriate entities is submitted.
The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality.
Run-off is not to create a mosquito breeding problem.
Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
Adopt the recommendations of the Ada County Highway District as follows:
DEVELOPMENT AGREEMENT (RZ-O4-007)
PAGE 16 OF 32
Site Specific Conditions of Approval
1. Dedicate a total of 48-feet of right-of-way ITom the centerline ofTen Mile
Road abutting the parcel by means of a warranty deed. The right-of-way
purchase and sale agreement and deed must be completed and signed by
the applicant prior to scheduling the final plat for signature by the ACHD
Commission or prior to issuance of a building permit (or other required
permits), whichever occurs first. Allow up to 30 business days to process
the right-of-way dedication after receipt of all requested material. The
owner will be paid the fair market value of the right-of-way dedicated
which is an addition to existing ACHD right-of-way if the owner submits a
letter of application to the impact fee administrator prior to breaking
ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #198), if funds are available.
2. Construct a 5-foot concrete sidewalk abutting the site on Ten Mile Road
OR provide a road trust deposit to the District for the cost ofthe sidewalk.
The approximate cost of the road trust deposit would be $7,440. The face
of the sidewalk should be located a minimum of 4 I-feet ITom the
centerline ofTen Mile Road.
3. Construct W. Sheryl Street to intersect Ten Mile Road approximately 150-
feet south of the north property line (measured property line to centerline),
as proposed.
4. W. Sheryl Street shall be constructed as a 40-foot street section with curb,
gutter, and 5-foot concrete sidewalks within 54-feet of right-of-way ITom
Ten Mile Road approximately 260-feet into the site (which is the east
property boundaries for Lot 2 and Lot 40, Block I).
5. Construct the following internal streets as 33-foot street sections with
rolled curb, gutter and 5-foot attached concrete sidewalks within 42-feet of
right-of-way: N. Victor Ave., W. Santa Clara Drive, N. Tiburon Way, the
easterly 300-feet ofW. Sheryl Street. The applicant should provide the
District with an easement for the sidewalk that extends outside of the
right-of-way. If the applicant would like to have parking on both sides of
the roadway, the applicant should submit a letter ITom the appropriate fire
District allowing parking to remain on both sides of the roadway.
DEVELOPMENT AGREEMENT (RZ-O4-007)
PAGE 17 OF 32
6. Locate the driveways for the church and the future commercial uses shall
be located on W. Sheryl Street a minimum of 50-feet ITom the intersection
ofTen Mile and W. Sheryl Street.
7. Utilize the southern church driveway, located 17-feet north ofthe south
property line, on Ten Mile Road, as an emergency access only. Install
"Emergency Access Only" signage beside the driveway, and install
bollards or some other barrier acceptable to the local fire department to
prevent regular vehicular access.
8. Other than W. Sheryl Street and the emergency access, no additional
access points to Ten Mile Road are approved with this application.
9. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
I. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street ITontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
DEVELOPMENT AGREEMENT (RZ-O4-007)
PAGE 18 OF 32
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #198, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change ITom the Ada County Highway District.
II. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
F.
Adopt the recommendations of the N ampa & Meridian Irrigation District as follows:
I. The District requires a Land Use Change Application to be filed for review
prior to final platting.
2. All laterals and waste ways must be protected. The District's Eight Mile
Lateral courses through the southwest comer of this proposed project.
This easement must be protected and any encroachment without a signed
License Agreement and approved plans, before any construction is started,
is unacceptable.
DEVELOPMENT AGREEMENT (RZ-O4-007)
PAGE 19 OF 32
F.
3. All municipal surface drainage must be retained on site. If any municipal
surface drainage leaves the site, the District must review drainage plans.
The developer must comply with Idaho Code 31-3805.
Adopt the action of the City Council taken at their July 6,2004 meeting as follows:
For clarification:
I.
The Applicant has spoken with Joe Silva of the Meridian Fire Department,
and pertaining to the church's two points of access, and in particular, the
southern access shall be required to become an emergency access only.
Therefore, a three to four foot high gate, which shall be approved by the
Meridian Fire Department, shall be provided for use by emergency vehicles
only.
2.
The Applicant's property encroaches 30 feet into the District's easement,
including to the center line ofthe Lateral, which is within the two buildable
lots. Therefore, the Applicant shall be required to obtain an Encroachment
Agreement with the Nampa & Meridian Irrigation District, for this 30 foot
encroachment into the Eight Mile Lateral. This agreement would allow the
Homeowners Association access to the Eight Mile Lateral which is not piped.
(Added as a new number 10. under SITE SPECIFIC COMMENTS -
PRELIMINARY PLAT hereinabove, as per action of the City Council taken
at their July I, 2004 meeting.)
3.
Option for the Applicant: Option I) The garage on Lot I shall be
demolished, or Option 2) Lot I and Lot 2 shall be combined into one lot.
(See SITE SPECIFIC COMMENTS - PRELIMINARY PLAT number 7.
hereinabove, as per action ofthe City Council taken at their July I, 2004
meeting.)
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
Governing Development" of subject "Property" of this agreement within two years of the
date this Agreement is effective, and after the "City" has complied with the notice and
hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or
recodifications thereof.
DEVELOPMENT AGREEMENT (RZ-04-007)
PAGE 20 OF 32
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 ofthe "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 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.
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 of the 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.
II. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
DEVELOPMENT AGREEMENT (RZ-04-007)
PAGE210F32
"Developer's" cost, and submit proof of such recording to "Owner" and/or "Developer",
prior to the third reading of the Meridian Zoning Ordinance in connection with the
annexation and zoning of the "Property" by the City Council. If for any reason after such
recordation, the City Council fails to adopt the ordinance in connection with the
annexation and zoning of the "Property" contemplated hereby, the "City" shall execute
and record an appropriate instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owner" 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 of this Agreement, the parties
agree that "City" and "Owner" and/or "Developer" shall have thirty
(30) days after delivery of notice of said breach to correct the same
prior to the non-breaching party's seeking of any remedy provided
for herein; provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall prosecute the
curing of same with diligence and continuity, then the time allowed
to cure such failure 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
herennder by either "Owner" and/or "Developer" or "City" is
delayed for causes which are beyond the reasonable control of the
party responsible for such performance, which shall include,
without limitation, acts of civil disobedience, strikes or similar
causes, the time for such performance shall be extended by the
amount of time of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
DEVELOPMENT AGREEMENT (RZ-04-007)
PAGE 22 OF 32
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".
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
Tiburon Meadows, LLC
Ron Sargent
4915 W. Camas St.
Boise, Idaho 83705
with copy to:
OWNER:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Stonehouse Evangelical Corporation
1450 North Ten Mile Road
Meridian, Idaho 83642
Greta Huit, Trustee
Huit 1992 Revocable Trust
7461 Ustick Road
Nampa, Idaho 83687
DEVELOPMENT AGREEMENT (RZ-04-007)
PAGE 23 OF 32
17.1
Contact person for Greta Huit:
Robert L. Aldridge
1209 North Eighth Street
Boise, Idaho 83702
A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable attorney's
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture ofthis 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.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
ITom this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
DEVELOPMENT AGREEMENT (RZ-04-007)
PAGE 24 OF 32
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 ofthe
"Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (RZ-04-007)
PAGE 25 OF 32
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
Attest:
:::;; ~ d ß~
Ronald D. Sargent
BY:
OWNER:
BY~~~
Mark Kadel
Attest:
bv~~
AND
BY: ~~ 9-/~
. Greta Huit, TruStee for the Huit 1992
Revocable Trust
CITY OF MERIDIAN
11-31--04-
STATE OF IDAHO)
:ss
COUNTY OF ADA)
"*'
On this \ r-¡ day of o..lÀ.~~ t , in the year 2004, before
me, a Notary Public, personally appear onald D. Sargent, known or Identified to me to
be a managing member of SAMAS, LLC, a member ofTIBURON MEADOWS, LLC,
and Idaho limited liabil!9"~ä~fIiV1.d the person who executed the instrument and
acknowledged to me 'Þ'~b'h~~~Jlted the same on behalf of said corpor. ation.
~ ... - . ,~~ ... ..
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(SEAL) i * \ -.- c, J * i No Pu IC r Idaho
~ "'\ ÞllBL\ l ! Commissio ires: Q,-\\-tH
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STATE OF IDAHO ).......~.~.~.~~.......
:ss
COUNTY OF ADA )
On this I f?yv,. day of 4~~ , in the year 2004, before
me, a Notary Public, personally appe~Mark Kadel and Nancy Gallivan, known or
identified to me to be the President and Secretary of STONEHOUSE EVANGELICAL
CORPORA TION~~~~D~s who executed the instrument and acknowledged to me
thattheyhaving~:t'LíR'~on behalf 0 dcorporaf n'/f)/ .
-~""~OTA.q~..\\,' . ~
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Ä.. A(¡SL\C ./ Commission ires: ß .2"1. Dq
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STATE OF IDA !iÕF'\~~~-----
, "'~_.--
COUNTY OF ADA)
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(SEAL)
Notary Public for 000
Commission expires: I tJ. 9, :LDt5j
DEVELOPMENT AGREEMENT (RZ-04-007)
PAGE 27 OF 32
STATE OF IDAHO)
:ss
County of Ada)
On this ;.tfI" day of ~ f- , in the year 2004,
before me, a Notary Public, personally appeared T y de Weerd and Wilham 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.
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Z:\WorkIMIMeridianIMeridian lS360MlTiburon Meadows Sub RZ-O4-007 PP-O4<J!6 CUP<J4<J13\DeveiopAgr.doc
DEVELOPMENT AGREEMENT (RZ-04-007)
PAGE 28 OF 32
EXHIBIT A
Lel!al DescriDtion Of ProDertv
LEGAL DESCRIPTION FOR
TIBURON SUBDIVISION
(SARGENT DESCRIPTION)
JOB NO. 04025 4113/2004
Land in the NW1/4 NWlI4 of Section II, T3N, RIW, B.M., City of Meridian, Ada
County, Idaho, described as follows:
COMMENCING at the Northwest Corner of said Section II;
thence, along the West Line of said Section II, South 0°25'27" West, a distance of
600.00 feet, to the Northwest Corner of the first parcel ofland described in Warranty
Deed, lust. No. 7747995;
thence along the North Line of said parcel, South 88°37'46" East, a distance of322.29
feet, to the POINT OF BEGINNING;
thence continuing along said North Line, South 88°37'46" East, a distance of 404.00 feet,
to a point on the West Line of Haven Cove No.3 Subdivision, in book 66 at page 6737,
Ada County Plat records;
thence along said West Line, and the West Line of Haven Cove No.4 Subdivision, as per
the plat thereof in book 69, at page 7061, Ada County Plat records,
South 00°25'56" West, a distance of724.93 feet, to a found 5/8 inch rebar marking the
Southwest Corner thereof, also being a point on the South Line of said NWII4NW1/4,
Section II;
thence along said South Line, North 88°54'06" West, a distance of389.55 feet, to a point
on the Centerline of the Eight Mile Lateral;
thence along said Centerline, North 41 °46'37" West, a distance of38.49 feet;
thence North 01 °22' 14" East, a distance of 698.60 feet, to the POINT OF BEGINNING.
Containing 6.82 acres, more or less.
Together with a common access to Ten Mile Road, to be granted ITom the Church and
Hewitt Parcels, as shown on preliminary plat.
DEVELOPMENT AGREEMENT (RZ-04-007)
PAGE 29 OF 32
TIBURON SUBDIVISION
(HUIT DESCRIPTION)
JOB NO. 04025 4113/2004
Land in the NWlI4NWlI4 of Section II, T3N, R1W, B.M., City of Meridian, Ada
County, Idaho, described as follows:
COMMENCING at the Northwest Corner of said Section II;
thence, along the West Line of said Section II, South 0°25'27" West, a distance of
600.00 feet, to the Northwest Comer of the first parcel ofland described in Warranty
Deed, Inst. No. 7747995, and the POINT OF BEGINNING;
thence along the North Line of said parcel, South 88°37'46" East, a distance of309.30
feet;
thence South 01 °22'14" West, a distance of 112.30 feet;
thence South 46°01 '58" East, a distance of 17.66 feet, to the South Line of said first
parcel ofland described in Warranty Deed, lust. No. 7747995;
thence along said South Line, North 88°37'46" West, a distance of320.25 feet, to a point
on the West Line of said Section 11;
thence along said West Line, North 00°25'27" East, a distance of 124.27 feet, TO THE
POINT OF BEGINNING.
Subject to: a 48 foot wide right-of-way for Ten Mile Road along the West side, and a 349
sq. ft. area for a proposed common roadway in the southeast corner as shown on the
preliminary plat.
Containing 0.88 acres or 38380 square feet gross, and 0.71 acres or 30,914 square feet net
(less road rights-of-way), more or less.
TIBURON SUBDIVISION
ZONE L-O DESCRIPTION
JOB NO. 04025 7120/2004
Land in the NWlI4NWlI4 of Section II, T3N, RIW, B.M., City of Meridian, Ada
County, Idaho, described as follows:
COMMENCING at the Northwest Comer of said Section II;
thence, along the West Line of said Section 11, South 0°25'27" West, a distance of
724.27 feet, to the Southwest Comer of the first parcel ofland described in Warranty
DEVELOPMENT AGREEMENT (RZ-04-007)
PAGE 30 OF 32
Deed, Inst. No. 7747995, and the POINT OF BEGINNING;
thence along the South Line of said parcel, South 88°37'46" East, a distance of 320.25
feet;
thence South 01 °22' 14" West, a distance of 574.35 feet, to a point on the Centerline of
the Eight Mile Lateral;
thence along said Centerline, North 41 °46'37" West, a distance of 462.56 feet, to a point
on the West Line of said Section 11;
thence along said West Line, North 00°25'27" East, a distance of236.90 feet, TO THE
POINT OF BEGINNING.
TOGETHER WITH the following described parcel:
COMMENCING at the Northwest Corner of said Section II;
thence, along the West Line of said Section II, South 0°25'27" West, a distance of
600.00 feet, to the Northwest Comer of the first parcel ofland described in Warranty
Deed, Inst. No. 7747995, and the POINT OF BEGINNING;
thence along the North Line of said parcel, South 88°37'46" East, a distance of 162.90
feet;
thence South 0 I °22' 14" West, a distance of 124.25 feet, to the South Line of said first
parcel ofland described in Warranty Deed, Inst. No. 7747995;
thence along said South Line, North 88°37'46" West, a distance of 160.86 feet, to a point
on the West Line of said Section 11;
thence along said West Line, North 00°25'27" East, a distance of 124.27 feet, TO THE
POINT OF BEGINNING.
Subject to: a 48 foot wide right-of-way for Ten Mile Road along the West side, a 30 foot
wide right-of-way for the Eight Mile Lateral along the southwesterly side, and a road
right-of-way and a utility and access easement benefiting the parcels to the East.
Containing 3.42 acres gross, and 2.99 acres net (less 10 Mile Road right-of-way), more or
less.
DEVELOPMENT AGREEMENT (RZ-04-007)
PAGE 31 OF 32
EXHIBIT B
Findinl!s of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (RZ-04-007)
PAGE 32 OF 32
BEFORE THE MERIDIAN CITY COUNCIL
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
The above entitled rezoning application having come on for public hearing on July 6,
IN THE MATTER OF THE
APPLICATION FOR REZONE OF
10.69 ACRES FROM R-4 TO R-4, R-
8 AND L-D ZONES FOR TIBURON
MEADOWS SUBDIVISION,
LOCATED AT 1450 AND 1460 TEN
MILE ROAD, APPROXIMATELY Yz
MILE SOUTH OF THE
SOUTHEAST INTERSECTION OF
TEN MILE ROAD AND CHERRY
LANE, MERIDIAN, IDAHO
TiBURON MEADOWS, LLC,
APPLICANT
C/C 07/06/04
Case No. RZ-04-007
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
2004, at the hour of 7:00 p.m., and Brad Hawkins-Clark for the Planning and Zoning
Department, and Ron Sargent, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIBURON MEADOWS SUBDIVISION / (RZ-O4-007)
PAGE 1 OF 13
Idaho Code §§ 67-6509 and 67-6511, 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 II and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended ComprehCllSive 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 rezone as described in the
application, is approximately 10.69 acres in size and is located at 1450 and 1460 North Ten Mile
Road, approximately V. mile south of the southeast intersection ofTen Mile Road and Cherry
Lane, Meridian, Idaho, all within the Area oflmpact 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 Stonehouse Evangelical Church
and Greta Huit, Trustee for the Huit 1992 Revocable Trust, and they have submitted notarized
consent for the subject application for Tiburon Meadows, LLC. Tiburon Meadows, LLC has a
sale pending on the northern parcel, for the eastern portion, (1460 North Ten Mile Road) and the
property is proposed to close on or before February 26,2005, with Greta Huit, Trustee for the
Huit 1992 Revocable Trust. Additionally, Tiburon Meadows, LLC has sale pending on the
southern two parcels, for the eastern portion and public road ftom Ten Mile Road to the PUD,
(1450 North Ten Mile Road), and the property is proposed to close on or before January 6, 200S.
Applicant is Tiburon Meadows, LLC.
5.
The property is presently zoned R-4, and consists of an existing church and an
existing home.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCA TION
FOR ANNEXATION AND ZONING
TIBURON MEADOWS SUBDIVISION I (RZ-O4-007)
PAGE2 OF 13
6.
7.
The Applicant requests the property be zoned as R-4, R-8 and L-O.
The subject property is bordered to the north by R-4 zoning, to the south by R-4
zoÌ1ing, to the east by R-4 zoning, and to the west by C-N zoning and R-4 zoning.
8.
The Applicant proposes to develop the subject property in the following manner:
As a residential planned development. The existing church will remain and the applicant is
proposing to rezone an existing residential lot to L-O for commercial development.
9.
The Applicant requests zoning of the subject real property as R-4, R-8 and L-O.
The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as
Mixed-Use Community and Public I Quasi-Public.
10.
There are no significant or scenic features, or no significant existing trees, of
major importance that affect the consideration of this application.
11.
Giving due consideration to the comments received Rom 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 Recommendations of the PIamùng and Zoning Department as follows:
1.
The Applicant has submitted new legal descriptions identifying each zone.
2.
The required Development Agreement shall include all the conditions of approval
for the corresponding applications, Preliminary Plat (PP-O4-016), and
Conditional Use Permit (CUP-04-013).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCA nON
FOR ANNEXATION AND ZONING
TIBURON MEADOWS SUBDIVISION I (RZ-O4-007)
PAGE3 OF 13
B.
Adopt the !lCtion of the City Council taken at their July 6, 2004 meeting as follows:
For clarification:
1.
The Applicant has spoken with Joe Silva of the Meridian Fire Department, and
pertaining to the church's two points of access, and in particular, the southern access
shall be required to become an emergency access only. Therefore, a three to four foot
high gate, which shall be approved by the Meridian Fire Department, shall be
provided for use by emergency vehicles only.
2.
The Applicant's property encroaches 30 feet into the District's easement, including to
the center line of the Lateral, which is witbin tb.e two buildable lots. Therefore, the
Applicant shall be required to obtain an Encroachment Agreement with the Nampa &
Meridian Inigation District, for this 30 foot encroachment into the Eight Mile
Lateral. This agreement would allow the Homeowners Association access to the
Eight Mile Lateral which is not piped.
3.
Option for the Applicant: Option 1) The garage on Lot I shall be demolished, or
Option 2) Lot I and Lot 2 shall be combined into one lot.
]2.
It is found that the 2002 Comprehensive Plan Future Land Use Map designates the
proposed residential lots of the subject property as "Public J Quasi-Public." While the
Comprehensive Plan Future Land Use map does not explicitly support the proposed zone change it is
found that there is a strong argument that the Comprehensive Plan policies do support the proposed
zone change. A key component of this argument is the relative flexibility of Meridian's
Comprehensive Plan (quoted below) as described in Chapter I, Section B of the Comprehensive
Plan.
"The Meridian Comprehensive Plan is an official policy guide for decisions
conceming the physical development of the community. It indicates, in a general way, how the
community may develop in the next five to ten years."
Fw1hermore, in Chapter VII, Section C Future Conditions states the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
rffiURON MEADOWS SUBDNISION I (RZ-O4-007)
PAGE4 OF 13
"Figure vn -2 [The Comprehensive Land Use Map] depicts desired future land use categories
and their location within the Impact Area. The areas depicted on the map are conceptual and,
therefore, will require further analysis prior to the creation of a zoning map."
While the proposed zone change does not explicitly comply with the "PublicI Quasi-
Public" designation, upon further analysis, it is found that the proposed zone change does fit with the
residential development patterns of the surrounding area and it would be appropriate to extend the
Medium Density Residential designation to this property. The subject property is surrounded by
residential subdivision to the west and to the south. It is found that the proposed rezone 0 f a parcel
located adjacent to property zoned as residential, meets the intent of the Comprehensive Plan for the
future development of the area.
Proposed L-O'zonine for existimz residence
While the propósed rezone complies with the Comprehensive Plan designation of Mixed- U se
Community, the existing residential uses do not comply with theL-Q zoning designation,
and there is no indication when the residential uses will end. Single family residential
development is prohibited in the L-O zone and approval of the rezone to L-Q would create a
non-conforrning use. Additionally, Meridian's Strategic Plan lists reducing non-conforming
uses as a Strategic Plan goal. Although Staffis generally supportive of the L-O zoning in
this location, the timing is not appropriate.
Recommended L-O zonine for existine church
The existing church parcels (lots 40 and 41 of the proposed subdivision) are currently zoned
R-4. The existing church is currently a nonconfonning use in the R-4 zone and it is
recommended that the applicant rezone the property to L-O to bring the property into
conformance with City Code. If the property is not rezoned with the current applications, the
applicant will be required to obtain conditional use approval before any improvements or
new buildings can be added to the church property. ConditionaI use approval is required for
the expansion of a non-conforming use.
13.
It is not anticipated that the property will be rezoned in the future.
14.
The proposed R-8 development would be allowed under the new zoning; the existing
FIND1NGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNBXA TION AND ZONING
TIBURON MEADOWS SUBDMSION ! (RZ-O4-007)
PAGE 5 OF 13
single family home would not be allowed under the proposed 1,..0 zoning. It is found that the
applicant has submitted development plans for a new pla1 and Conditional Use Permit for the
property. If the proposed CUP is granted, the plat will be allowed as proposed.
15.
It is found that the City's Comprehensive Plan policies have provided the applicant
with the ability to request the R-8 zone for the subject property. Additionally, residential
development to the west and to the south of the subject property dictate that the church's
undeveloped property could be rezoned for residential uses.
16.
It is found that the proposed development is designed in a manner that will be
harmonious with and appropriate in appearance with the existing residential neighborhoods and
commercial areas along Ten Mile Road and the intended character of the area.
17.
It is found that the requested rezone should not be disturbing to existing or future
neighboring uses. Existing residential subdivisions are located to the south and west of the subject
property.
18.
It is found that proposed uses can be adequately served by all essential public services
and facilities. Drainage will be retained on site.
19.
It is found that the requested uses will not create excessive additional requirements at
public costs for public facilities and services. The proposed development is accessed off of existing
public streets and the developer will pay for the extension of public services to the subject property.
Additionally, it is found that thõ: proposõ:d rezone would not be dõ:trimental to the economic welfare
of the community.
20.
It is found that the proposed R-8 zoning designation of the property does not
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCA TION
FOR ANNEXATION AND ZONING
TIBURON MEADOWS SUBDIVISION I (RZ-O4-007)
PAGE 6 OF 13
inherently allow uses that will generate activities. processes, materials, equipment, and conditions
that are detrimental to the general welfare of the community.
21.
It is found that the proposed R-8 zoning will not interfere with general traffic patterns
on any public streets. The applicant has proposed to turn the existing access point at the south of the
subject property into an emergency access point. Refer to the ACHD staff report for a full report on
traffic issues.
22.
It is found that there are no natural or scenic features of major importance which will
be lost through the development of the subject property.
23.
It is found that the proposed rezone would be in the best interest of the City. The
proposed R-8 zone and proposed development will be an asset to the City of Meridian. The proposed
patio home development will help to increase the diversity of Meridian' showing types by providing
a housing choice for residents (especially seniors) who want the option of owning a patio home
which will require less upkeep than a traditional single-family home with a large lot size and a floor
plan designed for families.
24.
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. 11 and all sub-parts, the economic
welfare of the City and its residents and tax and rate payers will be protected, a condition of
annexation and zoning designation.
25.
It is also found that the development considerations as referenced in Finding No.
11 are reasonable to require and must be taken into account, in order to assure the proposed
dèvelopment is designed, constructed, operated and maintained in a manner which is harmonious
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING
TIBURON MEADOWS SUBDMSION I (RZ-O4-007)
PAGE 7 OF 13
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.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2.
The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use 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.
4.
The zoning of (R-4) Low Density Residential District, (R-8) Medium Density
Residential District and (L-O) Limited OffiCe District are defined in the Zoning Ordinance at § 11-7-
2 C, D, and G as follows:
(R-4) Low Density Residential District: Only single-family dwellings shall be permitted
and no conditional uses shall be pennitted except for planned residential development and
FlNDJNOS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIBURON MEADOWS SUBDIVISION I (RZ-O4-007)
PAGE 8 OF I3
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 predominantly 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
nomesidential 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.
(R-8) Medium Densitv Residential Distriet: The purpose of the R-8 District is to permit
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those areas where such development has or
is likely to occur in accord with the Comprehensive Plan of the City and is also designed to
permit the conversion of large homes into two-family dwellings in well-established
neighborhoods of comparable land use. Connection to the Municipal water and sewer
systems of the City is required.
(L-O) Limited Office Distriet: 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 kind or product manufacturing of such a nature to create noise,
vibration or emissions of a nature offensive to the overall purpose of this District. The L-O
District is designed to act as a buffer between other more intense nonresidential uses and
high density residential uses, and is thus a transitional use. Connection to the Municipal
water and sewer system of the City is a requirement in this District.
5.
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 ofldaho Falls. 105
Idaho 65, 665 P2d 1075 (1983).
6.
The development of the atÌnexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
7.
Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING
TIBURON MEADOWS SUBDMSION / (RZ-04-007)
PAGE9 OF 13
and/or developer shall enter into a Development Agreement, if required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
I.
The applicant's request for annexation and zoning of approximately 10.69 acres to
Low Density Residential District (R-4), Medium Density Residential District (R-8), and (L-O)
Limited Office District is granted subject to the terms and conditions of this Order hereinafter stated,
2.
The application is for annexation and zoning of 10.69 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 Recommendations of the Planning and Zoning Department as follows:
1.
The Applicant has submitted new legal descriptions identifYing each zone.
2.
The required Development Agreement shall include all the conditions of approval
for the corresponding applications, Preliminary Plat (pP-O4-0 16), and
Conditional Use Permit (CUP-O4-013).
B. Adopt the action of the City Council taken at their July 6, 2004 meeting as follows:
For clarification:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIBURON MEADOWS SUBDIVISION I (RZ-04-007)
PAGE 10 OF 13
4.
1.
The Applicant has spoken with Joe Silva of the Meridian Fire Department, and
pertaining to the church' s two points of access, and in particular, the southern access
shall be required to become an emergency access only. Therefore, a three to four foot
high gate, which shall be approved by the Meridian Fire Department, shall be
provided for use by emergency vehicles only.
2.
The Applicant's property encroaches 30 feet into the District's easement, including to
the center line of the Lateral, which is within the two buildable lots. Therefore, the
Applicant shall be required to obtain an Encroachment Agreement with the Nampa &
Meridian Irrigation District, for this 30 foot encroachment into the Eight Mile
Lateral. This agreement would allow the Homeowners Association access to the
Eight Mile Lateral which is not piped.
3.
Option for the Applicant: Option 1) The garage on Lot I shall be demolished, or
Option 2) Lot I and Lot 2 shall be combined into one lot.
The City A ttomey shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (R-4) Low Density Residential District, (R-8) Medium Density Residential District,
and (L-O) Limited Office District and Meridian City Code § 11-7-2.
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 of the 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 fmal decision concerning the matter at
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANT1NG APPLICATION
FOR ANNEXATION AND ZONING
TIBURON MEADOWS SUBDIVISION I (RZ-O4-007)
PAGE I J OF 13
issue. A request for a regulatory takings analysis will toll the time period within wbich a Petition
for Judicial Review may be filed.
Please take notice that this is a fmal 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 a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the
2- 716 day of
¿r~
,2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED æ/;~
COUNCILMAN CHARLIE ROUNTREE
VOTED~
COUNCILMAN KEITH BIRD
VOTED~
VOTED-
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