Packard Acres Sub No. 3 AZ 04-005
PARTIES:
J.
2.
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 32
BO,E IDAHO 12/30104 1O:23AM
DE UTY Bonnie Oberbillig 1111111111111111111111111111111111111
RE O~DED,-REQUEST OF 104164974
Me dlen CIIy
DEVELOPMENT AGREEMENT
City of Meridian
Packard Estates Development LLC, Owner and Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 2t~ day of De M.~~il.-, 2004, by and between CITY OF
MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and
Packard Estates Development, LLC hereinafter called "OWNER" with the provision that
Packard Estates Development, LLC is also hereinafter "DEVELOPER." .
I.
RECITALS:
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
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" wíll be developed and what improvements wíll 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 govenUllent 'subdivisions providing
DEVELOPMENT AGREEMENT (AZ-O4-005) PACKARD ACRES NO. 3 PAGE 1 OF 1
1.1
WHEREAS, "OWNER" is the sole owner, in law and/or equity, of
certain tract orland in tlle 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 ofre-zoning that the
"OwllerlDeveloper" make a written commitment concerning fue use
or development of the subject "Property"; and
1.3
WHEREAS, "City" has exercised its statutory aufuority by the
enactment of Ordinance 11-15-12Iffid 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4
1.5
1.6
services wifuin the City of Meridilffi planning jurisdiction, and
received further testimony Iffid comment; and
1.7
WHEREAS, City Council, the 26th day of October, 2004,has
approved certain Findings of Fact Iffid 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 "Filldings"); and
1.8
WHEREAS, the Findings require the "OWl1erlDeveloper" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9
"OWNERIDEVELOPER" 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 "OwnerlDeveloper" to enter into a
development agreen1ent for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is in
accordance with fue 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 fi'om 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 fue 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 offue 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 aU pnrposes offuis Agreement fue following words,
terms, and phrases herein colltained in this section shall be defined and interpreted as herein
provided for, unless fue clear context of the presentation of the same requires otherwise:
DEVELOPMENT AGREEMENT (AZ-O4-005) PACKARD ACRES NO.3
PAGE20F2
3.1
3.2
3.3
"CITY": means and refers to fue City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision offue state ofIdaho, organized and existing by virtue of
law of the State ofIdaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
"OWNERIDEVELOPER": means and refers to Packard Estates
Development, LLC, whose address is 6223 Discovery Way, Suite
120, Boise, Idaho 83705, fue party developing said "Property" and
shall include any subsequent owner(s)/deve10per(s) offue "Property".
"PROPERTY": means and refers to that certaill parce1(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-8 attached hereto and by this reference incorporated herein
as if set forth at lengfu.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement .are only those uses allowed
under "City's" Zoning Ordinance codified at Meridian City Code Section
11-7-2 (C) which are herein specified as follows:
Construction and development of a planned development consisting
of20 residential building lots, and one other lot on 5.27 acres, in a
proposed R-4 zone for Packard Acres No.3 Subdivision.
4.2
No change in the uses specified in fuis Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Developer"has submitted to
"City" an application for conditional use pennit, and shall be required to obtain the "City's"
approval fuereof, in accordance to the City's Zoning & Development Ordinance criteria,
fuerein, provided, prior to, and as a condition of, the commencement of construction of any
buildings or improvements on the "Property" fuat require a conditional use pennit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
"Developer" shall develop the "Property" in accordance with the following
special conditions:
A. Adopt fue Special Recommendations of the Planning and Zoning Commission as
DEVELOPMENT AGREEMENT (AZ-04-005) PACKARD ACRES NO.3 PAGE 3 OF 3
follows:
1. A chain link fence along the southern border and a wood fence along the western
border as perimeter fencing may remain.
2. The existing residence shown on Lots 20 and 21, Block 5 shall be removed prior to
the issuance of any building permits within fue subdivision.
3. Direct lot access to Wingate Lane is specifically prohibited and this prohibition shall
be referenced in fue subdivision's Covenants, Conditions and Restrictions.
4. Developer shall deposit the sumof$8,000 into a fund for use by the Wingate Lane
User's Association for the construction of a gate across Wingate Lane. If substantial
completion of the gate is not completed wifuin one year fi'om the execution of fue
deposit, the entire fund balance of $8,000 shall revert back tofue developer.
5. Developer shall have their attorney draw up a release of dominant parcel interest in
the private lane easement and record it prior to signature of the final plat. Also,
provide a recorded copy of deed restrictions to prohibit access to Wingate Lane and
forbid gates from adjoining lots or removal of penn anent fencing on these lots prior
to applying for building pennits.
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
infi'astructure agreen1ents in the North Meridian Planning Area negotiated with
ACHD and shall faithfully perfonn the terms of such agreement or agreements.
2. Any existing domestic wells and/or septic systems within fuis project wíll have to be
removed fi'om their domestic service, per City Ordinance Section 5-7-517, when
services are available fi'om 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 fue Public Works Department. IfIateral users
association approval can't be obtained, plans will be reviewed Iffid approved by the
Meridian City Engineer prior to final plat signature.
DEVELOPMENT AGREEMENT (AZ-04-O05) PACKARD ACRES NO.3
PAGE40F4
4. Any future subdivision, planned development, uses and construction shall comply
willi fue City of Meridian ordinances in effect at the time.
C.
Adopt the ACHD conditions listed in fueir report which report lists required site-
specific requirements, conditions of approval and street improvements.
D.
Comply with all fue conditions in fue corresponding applications in fuis matter,
Annexation and Zoning AZ-04-005 and Preliminary Plat, PP-04-006.
E. Adopt the action of the City Council taken at fueir November 2, 2004 meeting as
follows:
For clarification:
1. Packard Estates Development, LLC shall deposit the sum of $8000 into a
fund for use by the Wingate Lane User's Association fortheconstructionofa
gate across Wingate Lane. If substantial completion of the gate is not
completed within year fi'om fue execution of the deposit, fue entire balance of
$8000 shall revert back to the developer.
7. COMPLIANCE PERIOD! CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default ofthe "Owner" Iffidlor "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 fue date this Agreement is
effective, and after fue "City" has complied with the notice and hearing procedures as
outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"OwnerlDeve10per" consent upon default to fue de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned upon fue
following conditions precedent to-wit:
8.1
Tþ.at the "City" provide written notice of any failure to comply with
this Agreement to "OwnerlDeveloper" and if the "Owner!
DEVELOPMENT AGREEMENT (AZ-O4-005) PACKARD ACRES NO.3
PAGE 5 OF 5
"Developer" fails to cure such failure witl1Ín six (6) months of such
notice.
9. INSPECTION: "OwnerlDeveloper" shall, immediately upon completion of
any portion or the entirety of said development of the "Property" as required by fuis
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
thereofin 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
In the event "OwnerlDeveloper", "OwnerlDeve10per's" heirs,
successors, assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to faifufully
comply with all of fue terms and conditions included in fuis
Agreement in connection with the "Property", this Agreement may be
modified or terminated by fue "City" upon compliance with the
requirements of the Zoning Ordinance.
10.2
A waiver by "City" of any default by "OwnerlDeveloper" of anyone
or more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any oilier rights or
remedies of "City" or apply to any subsequent breach of any such or
other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of fue Exhibits, at
"Developer's" cost, and submit proof of such recording to "Owner/Developer", prior to the
third reading of the Meridian Zoning Ordinance in connection with the annexation and
zoning of the "Property" by the City Council.. If for any reason after such recordation, the
City Council fails to adopt the ordinance in connection willi the annexation and zoning of the
"Pl'Operty" contemplated hereby, fue "City" shall execute and record an appropriate
instrun1ent of release offuis Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning fue "Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "OwnerlDeveloper", or by any successor or successors in title
or by fue assigns offue parties hereto. Enforcement maybe sought by an appropriate action
DEVELOPMENT AGREEMENT (AZ-O4-005) PACKARD ACRES NO.3
PAGE 6 OF 6
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 Agreen1ent, the parties agree
that "City" and "OwnerlDeveloper" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to fue 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 wifuin such thirty (30) day period, if fue
defaulting party shall commence to cure the same within such thirty
(30) day period and fuereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
maybe extended for such period as maybe necessary to complete the
curing of the same with diligence and continuity.
In the event the perfonnance 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, witllout
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure iliat installation of the improvements,
which fue "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 tlle
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.
DEVELOPMENT AGREEMENT (AZ-O4-005) PACKARD ACRES NO.3
PAGE 7 OF 7
17. NOTICES: Any notice desired by the parties and/or required by this
Agreen1ent shall be deemed delivered if and when personally delivered or three (3) days after
deposit in fue United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
OWNERIDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Packard Estates Development, LLC
6223 Discovery Way, Suite 120
Boise, Idaho 83705
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
17.1
A party shall have the right to change its address by delivering to the
oilier party a written notification fuereof in accordlffice willi 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 oilier 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
oftlús 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 fue "Owner" and/or "Developer" of the "Property", each
subsequent OWller and any other person acquiring an interest in the "Property". Nothing
DEVELOPMENT AGREEMENT (AZ-O4-O05) PACKARD ACRES NO.3 PAGE 8 OF 8
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 benefited and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "OwnerlDeveloper", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Owner/Developer" has fully performed its
obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised fi:om
this Agreement and fue invalidity fuereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner/Developer" and
"City" relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, eifuer oral or written, express or implied, between
"OwnerlDeve1oper" and "City", oilier than as are stated hereill. 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 purSURllt, 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
wifuout the approval of fue City Council after the "City" has conducted
public hearing(s) in accordance with tlle 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 fue Meridian City Council shaH adopt fue amendment to fue Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" and execution of
fue Mayor and City Clerk.
24.
ACKNOWLEDGEMENTS:
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERIDEVELOPER:
DEVELOPMENT AGREEMENT (AZ-04-005) PACKARD ACRES NO.3
PAGE90F9
BY:
f2--~
Attest:
BY:
CITY OF MERIDIAN
Attest:
/2-2/-04-
STATE OF IDAHO)
: ss
COUNTY OF ADA)
IJ :}
On this 0(( day of . the J.ear
2004, before me, a Notary Public, sonally appeared ' itY é'
known or identified to me to befue ~() of PACKARD
ESTATES DEVELOPMENT, LLC, and t p on who executed the instrument and
acknowl~~:Ñ,W.m; fuat he/she have executed the same 0 f of said limited liability
corp~r C y W,"'",
lfi'\ -,..~.I(>:'
'..1" "
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~ ~~""""~"l Residing at: fS.t:9-t 5t' ' 'r
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DEVELOP~"..W!It&EMENT (AZ-O4-005) PACKARD ACRES NO.3 PAGE 10 OF 10
Project No.: 2427
Date: February 13, 2004
Revised: June 15,2004
MERIDIAN PUBLIC
WORKS DEPT,
DESCRIPTION OF
PACKARD ACRES SUBDIVISION No.3
A parcel of land being a resubdivision of Lot 10 of Block 5 of Packard Acres
Subdivision No.2 as on file in Book 85 of Plats at Pages 9502 and 9503 in the Office of
the Recorder for Ada County, Idaho and a portion of the SE I/4 ofthe NW 1/4 of Section
5, T.3N., RlE., B.M., Meridian, Ada County, Idaho, said parcel being more particularly
described as follows:
COMMEî'iCING at an iron pin mäikíngthe North I/4 comer of said Section 5,
thence along fue North-Soùth center of section line of said Section 5
South 00°27'32" West 1923.39 feet to a brass cap marking the Northeast corner
of said Lot 10, Sa~dpoint also being: the POINT OF BEGINNING; thence continuing
South 00o27'32'\West 353.47 feet to an iron pin marking the Southeast corner of
till'; North I/2 ofthé Soufu 112ôfthe SE I/4 of the NW I/4 of said Seètion 5; thence
along the Soui:hliné'ofs~ North':í.12 òfthè'SoutJl112óftheSE I/4 oftheNw I/4
':" North.89°37:,'Olhwest 6iO.82.feef:toåií¡íiòììpkon the EaŠt liire of Chateau
Meadows EaSt,NoJ,fS;Ü'on filt5':iÏithê'Öm6-ê;bf7iííéRecorder for 'Ada'CÓunty, Idaho;
,,;~~::~~~~J~t;~~~~i~~l{~~*~~~~lthe'south line of said Packard
Acres SubdivislonNo.' 2; therice ä16i:1g said South lilif':" Cc . ¡ . ,i,:,: '
,,(,,0 South 89°35'39'}East 158,56 feêt to án iron pm^marking the Southwest comer of
,1aièIÍ..oUo;th~fièè:åkiIíg the Nórìher1yliri~ofsä¡d Lot '10 along the arc ofa curve to the"
rightþavim:¡ aradius of2t' OO'feet, a cëntraI an'gle of 70°54'57", a length of24.75 feet
ànd along chOrd that bears ' ,
North 54°58'55;; Èast 23.20 fe,et to an irC!npin marking a point of tangent; thence
continuing ,'c,":',' ," """:' , ",- "", ,
South89~~3'3r East~95.37feet to an iron pin I¡1arking a point of curve; thence
continuing along fueai'C of ciifYe to the left having a radius of 125.00 feet, a central angle
of 05°41 '1I", a J.ength ofI2.4ifeet ana a long chord that bears
'North 87°35'48'LBasf.i2.40 feet 'to an iron pin marking a point of tangent; thence
continuing ,i" i\:,<,::;; ';~h;;"'. ','. "
':'Nor!' -'4~A:~f~,ri;ÚE8#?8;65 feet to ';¡i.n ir( n pin, marking a poj,nt of curvature;
. " ,ora curvetiLthë'" 'Ying aradius'ôf75.00feet, a
";Î~?5~4~;j\í")t . ,¡¡Vl11~{~:~'i~~.;f}§(r~~¥~'
'7,.>f"'t (fô¡.¡A'6i-1y' 0'8i~35'48;' East'7!¥. feei) to the
, "c(~;::~;:,::,c""~.,",..,~, :,[."m<"',',.;),~.
arcêî örtiiiîíi,'Coilwils 5.27 Acre's;iDòreorléss.
::"1~:<'tL',' C",' " .," ,
exhib/f 13- nhtll~~1 (Jlfiu.t IJfld (',lIckJ/m.r øl ¿1t1AJ
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
111 the Matter of the Annexation and Zoning of 5.27 Acres from RUT to R-4 Zones and a
Request for Preliminary Plat Approval of Twenty (20) Building Lots and One (1) Other
Lot on 5.27 Acres in a Proposed R-4 Zone for Packard Acres N Q. 3 Subdivision, by
Packard Estates Development, LLC
Case No(s).: AZ-O4-O05, PP-O4-006
For the <::ity CoUDcll Hearing Date of: October 12, 2004
A. Findings of Fact
1. HearingFacts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
fue City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300 ')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more fuan one week
before said hearing. All oilier noticing was done consistent with Idaho Code§67-
6509.
b.
The matter was duly considered by fue City Council at the October 12, 2004 public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridían were
given fuJl opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
offue City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
d.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on 1be subject matter to the City ColDwil. On May 18,
2004, fue City Council remanded both applications to the P&Z Commission. On
September 16, 2004, the Commission made a second set of recommendations to the
City Council.
On October 12, 2004, the City Council heard and took oral and written testimony
and duly considered fue evidence and fue record in fuis matter.
c.
2. Process Facls
8. There bas been compliance with all notice and hearing requirements set forth in
IdlÙ1O Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11.11-5 as
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & OWER
CASE NO(S). AZ-04-0OS, PP.04-006 - PAGE I of 4
evidenced by the Affidavit ofMaiIing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. AppliCation and Property Facts
II. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject apjJlication(s), it is hereby
verified that the property owner( s) of record at the time of issuance of fuese
findings is Packard Estates Development, LLC.
4. Required Findings per ZII11íng and Subdivision Ordinance
a.
See Exhibit G and H for the findings required for each type of application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers confened upon it by the "Local Land
Use Planning Act of1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-
6503).
2. The Meridian City Council takeJIjudicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subcüvisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development wiD not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
fue applicant, the P11111I1Ìng and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated 07.22-04 as shown in Ex1ubit B and the Conditions of Approval in Exhibits C
and D. The conditions are concluded to be reasonable and the applicant shan meet sucl1
requirements as a condition of approval of the applications.
C. Decision and Order
CITY OF MERIDIAN fINDINGS OF FACT, CONCLUSIONS OF LAW AND DECJSION & ORDER
CASE NO(S), AZ-O4-O05,PP-tì4-006-PAOE 2 of4
PARTIES;
AD~ COUNTY RECORDER J, DAVID NAVARRO AMOUNT ,00 32
BOlE IDAHO 12/30104 10:23 AM
DE UTY B~nie Oberbillig 1111111111111111111111111111111111111
RE ORDED, REQUEST OF 104164974
Me dlan CIIy
DEVELOPMENT AGREEMENT
1.
2.
City of Meridian
Packard Estates Development LLC, Owner and Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 2t~ day of DeM.~~il.-, 2004, by and between CITY OF
MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and
Packard EstatesDevelopment, LLC hereinafter called "OWNER" with fue provision that
Packard Estates Development, LLC is also hereinafter "DEVELOPER." .
1.
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. § 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition ofre-zoning that the
"OwnerlDeveloper" make a written commitment concerning fue use
or development of the subject "Property"; and
1.3
WHEREAS, "City" has exercised its statutory authority by fue
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, (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 fue Meridian City Council, as to how fue subject
"Property" will be developed and what improvements will be made;
and
1.6 WHEREAS, record offue proceedings for fue 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
DEVELOPMENT AGREEMENT (AZ-O4-005) PACKARD ACRES NO, 3 PAGE 1 OF 1
1.4
1.9
services wifuin the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7
WHEREAS, City Council, tlle 26th day of October, 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 (fue "Findings"); and
1.8
WHEREAS, the Findings require fue "OwnerlDeve10per" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9
"OWNERIDEVELOPER" 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 fue "Owner/Developer" to enter into a
development agreen1ent for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property"is in
accordance. willi fue terms and conditions of this development
agreement, herein being established as a result of evidence received
by fue "City" in the proceedings for annexation and zoning
designation fi'om government subdivisions providing services within
fue planning jurisdiction and from affected property owners and to
ensure annexation and zoning designation is in accordance with the
amended Comprehensive Plan of fue 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 of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all pnrposes offuis Agreement the following words,
terms, and phrases herein contained in this section shaU be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
DEVELOPMENT AGREEMENT (AZ-Q4-005) PACKARD ACRES NO.3
PAGE20F2
4.
3.2
3.3
3.1
"CITY": means and refers to fue City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state ofIdaho, organized and existing by virtue of
law of fue State of Idaho, whose address is 33 East Idaho A venue,
Meridian, Idaho 83642.
4.2
"OWNERIDEVELOPER": means and refers to Packard Estates
Development, LLC, whose address is 6223 Discovery Way, Suite
120, Boise, Idaho 83705, the party developing said "Property" and
shall include any subsequent owner(s)/developer(s) offue "Property".
"PROPERTY": means and refers to fuat certain parcel(s) of
"Property" located in fue County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-8 attached hereto and by this reference incorporated herein
as if set forth at length.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under "City's" Zoning Ordinance codified at Meridian City Code Section
11-7-2 (C) which are herein specified as follows:
Constrlætion and development of a planned development consisting
of20 residential building lots, and one other lot on 5.27 acres, in a
proposed R-4 zone for Packard Acres No.3 Subdivision.
No change in the uses specified in fuis Agreement shall be allowed
without modification ofthis Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Developer"has.subl1Útted to
"City" an application for conditional use permit, and shall be required to obtain the "City's"
approval thereof, in accordance to fue City's Zoning & Development Ordinance criteria,
fuerein, 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:
"Developer" shall develop the "Property" in accordance with the following
special conditions:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
DEVELOPMENT AGREEMENT (AZ-04,O05) PACKARD ACRES NO, 3 PAGE 3 OF 3
follows:
I. A chain link fence along the southern border and a wood fence along the western
border as perimeter fencing may remain.
2. The existing residence shown on Lots 20 and 21, Block 5 shall be removed prior to
fue issuance of any building permits within fue subdivision.
3. Direct lot access to Wingate Lane is specifically prohibited and this prohibition shall
be referenced in fue subdivision's Covenants, Conditions and Restrictions.
4. Developer shan deposit fue sum of $8,000 into a fund for use by the Wingate Lane
User's Association for the construction of a gate across Wingate Lane. If substantial
completion of the gate is not completed within one year fi'om the execution of the
deposit, fue entire fund balance of $8,000 shall revert back to fue developer.
5. Developer shall have fueir attorney draw up a release of dominant parcel interest in
fue private lane easement and record it prior to signature of the final plat. Also,
provide a recorded copy of deed restrictions to prohibit access to Wingate Lane and
forbid gates fi'om adjoining lots or removal of permanent fencing on these lots prior
to applying for building permits.
B.
Adopt the Recommendations of the Meridian Planning & Zoning Department as
fonows:
I. A condition of this DA shall be that the applicant participates in any road
inftastructure agreements in the North Meridian Planning Area negotiated with
ACHD and shall faifufully 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 fi'om their domestic service, per City Ordinance Section 5-7-517, when
services are available from fue City of Meridian. Wells may be used for non-
domestic purposes such as landscape irrigation.
3, All irrigation ditches, laterals or canals, exclusive of natnral 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), willi 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.
DEVELOPMENT AGREEMENT (AZ-O4-005) PACKARD ACRES NO.3
PAGE40F4
4. Any future subdivision, planned development, uses and construction shall comply
wifu fue City of Meridian ordinances in effect at the time.
C.
Adopt the ACHD conditions listed in their report whicl1 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,
Annexation and Zoning AZ-04-005 and Preliminary Plat, PP-Q4-006.
E. Adopt the action of fue City Council taken at fueir November 2, 2004 meeting as
follows:
For clarification:
1. Packard Estates Development, LLC shall deposit fue sum of $8000 into a
fund for use by the Wingate Lane User's Association forfue construction ofa
gate across Wingate Lane. If substantial completion of the gate is not
completed within year fi'om the execution of the deposit, the entire balance of
$8000 shall revert back to the developer.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and
fue commitments contained herein shall be ternlÏnated, and fue zoning designation reversed,
upon a default oftlle "Owner" and/or "Developer" or "Owner" and/or "Developer's" heirs,
successors, assigns, to comply Witll Section 6 entitled "Conditions Governing Development"
of subject "Property" of this agreement within two years of fue date this Agreement is
effective, and after fue "City" has. complied with fue notice and hearing procedures as
outlined in LC. § 67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"OwnerlDeveloper" consent upon default to fue de-annexation and/or a
reversal of the zoning designation of fue "Property" subject to and conditioned upon the
following conditions precedent to-wit:
8,1
Tþ.at the "City" provide written notice of any failure to comply with
this Agreement to "OwnerlDeveloper" and if the "Owner/
DEVELOPMENT AGREEMENT (AZ-O4-005) PACKARD ACRES NO, 3
PAGE 5 OF 5
"Developer" fails to cure such failure wifuin six (6) months of such
notice.
9. INSPECTION: "Owner/Developer" shall, ínU11ediately 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
fuereofin accordancewifu the terms and conditions of this Development Agreement and all
other ordinances offue "City" iliat apply to said Development.
10.
DEFAULT:
10.1
In the event "OwnerlDeveloper", "OwnerlDeveloper's" heirs,
successors, assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to faifufully
comply with all of fue terms and conditions included in this
Agreement in connection with the "Property", this Agreement may be
modified or temùnated by fue "City" upon compliance with the
requirements of the Zoning Ordinlffice.
10.2
A waiver by "City" of any default by "OwnerlDeveloper" of any one
or more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any oilier 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 fue Exhibits, at
"Developer's" cost, and submit proof of sucl1 recording to "Owner/Developer", prior to the
third reading of fue Meridian Zoning Ordinance in connection with fue annexation and
zoning of the "Property" by the City Council. Iffor any reason after such recordation, the
City Council fails to adopt the ordinance in connection wifu the annexation and zoning of the
"Pl'Operty" contemplated hereby, the "City" shall execute and record an appropriate
ínstrwnent of release offuis Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning fue "Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by eifuer "City" or "OwnerlDeveloper", or by any successor or successors in title
or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action
DEVELOPMENT AGREEMENT (AZ-04-005) PACKARD ACRES NO.3
PAGE 6 OF 6
at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein,
13.1
13.2
In fue event of a material breach of this Agreement, the parties agree
that "City" and "OwnerlDeveloper" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to fue non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in fue case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall cornmence to cure fue same wifuin such thirty
(30) day period and thereafter shall prosecute the curing of same willi
diligence and continuity, fuen the time allowed to cure such failure
maybe extended for such period as maybe necessaryto.complete the
curing of the same willi diligence Iffid continuity.
In the event the perfonnance of any covenant to be perfonned
hereunder by either "Owner" and/or "Developer" or "City" is delayed
for causes which are beyond fue reasonable control of the party
responsible for such perfonnance, which shall include, witl1Out
limitation, acts of civil disobedience, strikes or similar causes, fue
time for such perfonnance shall be extended by the amount oftímeof
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 thatinstal1ationofthe 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 fue "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.
DEVELOPMENT AGREEMENT (AZ-O4-005) PACKARD ACRES NO.3
PAGE 7 OF 7
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 fue United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
OWNERIDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Packard Estates Development, LLC
6223 Discovery Way, Suite 120
Boise, Idaho 83705
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
17.1
A party shall have the right to change its address by delivering 10 the
oilier party a written notification thereof in accordance willi fue
requirements of this section.
18. ATTORNEY FEES: Should any litigation be cornmenced 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 fuat 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 aufuorities and fueir successors in office. This
Agreement shall be binding on fue "Owner" and/or "Developer" of the "Property", each
subsequent owner and any other person acquiring an interest in the "Property", Nothing
DEVELOPMENT AGREEMENT (AZ-O4-005) PACKARD ACRES NO.3 PAGE 8 OF 8
herein shall in any way prevent sale or alienation of fue "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 benefited and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "OwnerlDeveloper", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined iliat "OwnerlDeveloper" 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 from
this Agreen1ent and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner/Developer" and
"City" relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, eitller oral or written, express or Í111p1ied, between
"OwnerlDeveloper" and "City", oilier 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 respectto "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 fue tÍ111e of fue proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt fue amendment to fue Meridian Zoning
Ordinance in connection willi the annexation and zoning of the "Property" and execution of
fue Mayor and City Clerk.
24.
ACKNOWLEDGEMENTS:
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERIDEVELOPER:
DEVELOPMENT AGREEMENT (AZ-04.005) PACKARD ACRES NO, 3
PAGE 9 OF9
BY:
p-~
Attest:
BY:
CITY OF MERIDIAN
Attest:
/2-21-04-
STATE OF IDAHO )
: ss
COUNTY OF ADA )
/J Sf
On this 0(/ day of . the xear
2004, before me, a Notary Public, sonally appeared ' ø ¿
known or identified to me to befue "fJ of PACKARD
ESTATES DEVELOPMENT, LLC, and t e p on who executed the instrument and
acknowl~dlifŠ.W.1P,~ fuat he/she have executed the same 0 fof said limited liability
corp/or~~'\ Cy..~~;~~--~
.. + 'I.
! ~OTA<tr"\"' /'
(S~'~ ';:~G j~N':p¡mlio~~...: /°. I
'1 ;,~.......~o l Residing at: t2:f2:t S¿ . r
-" OF It)~..~
DEVELOP~w.!ItEEMENT (AZ-04-005) PACKARD ACRES NO, 3 PAGE 10 OF 10
STATE OF IDAHO )
: ss
County of Ada
Commission expires:
On this ;2/ ff day of Dec-eWl be... , 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 fue Mayor and Clerk, respectively, of the City of Meridian, who
executed fue instrument or fue person that executed the instrun1ent of behalf of said City, and
acknowledged to me fuat such City executed fue same.
(SEAL)
M.r#l~~:;~~\
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DEVELOPMENT AGREEMENT (AZ-O3-027)
PAGE 11 OF 11
Project No.: 2427
Date: February 13, 2004
Revwed:June15,2004
~2501 a6guS Basin Rd. . B6ise, id~ho' á3702
,"" , (208) 385-0636
Fax (208) 385-0696
REV,!", APPR~Al '2--- \
BY;<- " I~ I
JUN 29 2004
MERIDIAN PUBLIC
WORKS DEPT,
DESCRIPTION OF
PACKARD ACRES SUBDIVISION No.3
A parcel ofland being a resubdivision of Lot 10 of Block 5 of Packard Acres
Subdivision No.2 as on file in Book 85 of Plats at Pages 9502 and 9503 in the Office of
the Recorder for Ada County, Idaho and a portion of the SE 1/4 of the NW 1/4 of Section
5, T.3N., RlE., B.M, Meridian, Ada County, Idaho, said parcel being more particularly
described as follows:
COJ..iIMË1ifCÌNG at an iron pin rriirking ,the North 1/4 corner of said Section 5,
thence along the North-SoUth. center of section line of said Section 5
South 00°27'32" West 1923.39 feet to a brass cap marking the Northeast comer
of said Lot 10, Said,poínt also being'the POINT OF BEGINNING; thence continuing
South 00027'32'\West 353.47 feet to an iron pin marking the Southeast comer of
thè North 1/2 ofthe sciiith 1/2 of the SE 1/4 of the NW 1/4 of said Seètion 5; thence
alOng the Southliné'ôfsiiid North),12 òfthèSoutÌill2ófthèSE 1/4 oftheNw 1/4
'" North ..S9~~,?;b~:}west§j~.S2 Ieéf#):gi~§~' pin :on the EaŠt ¡¡fie of Chateau
Meadows EáStNoY,S,'iíSon fi1é,in the'Offiëë"öf'thè Recorder for Ada County, Idaho;
";Jjts~~;!II~~~~!i:Siid ~I~~~l~~söut~¡~e of said Packard
,~..,,' South~9~~~'3~~:East!~8¡56 fe¿~ Y~¥?'n piJÎ"inarking the Southwest comer of
J!8Jd Lot 10; thei1cêalong the l'!'0J.'ther1ylm~ of sard Lot 10 along the arc of a curve to the'"
right haviJ!l~ aråd.ius of 21:' 00 feet, a central an'gle of 70054'57", a length of24.75 feet
Wtd Hong chò¡'d that bears, "
North 54O58'5?': Èast 23.20 fe~t to an, irqn pin marking a point oftangent; thence
continuing' ",'i ',i' ' """,," '..' ,
South S9~~3'37" East ,~95.37 feet to an iron pin marking a point of curve; thence
continuing along the arc of cUhiè to the left havÎng a radius Gf125.00 feet, a central angle
of 05041 '11", a lenithofI2.4Ìfeet a:nèI a long chord that bears
'North 87"35'4S~rEai(ì2.40 feet'toan iron pin marking a point of tangent; thence
continuing',..i((",,~;,,:~:;,;','i:~ . ',.'
"North:"~~!Ù'~.Ii;;È~'78;65 feet to';ä,niron pin marking a point of curvature;
;tif' ~~:~~i¡~~i!~i!
ex hib/f 13 - Fthtilk~.r If Fae.t till" 6f1ckJI'm,f,/ t~tN
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of the Annexation and Zoning of 5.27 Aeres from RUT tnR-4 Zones and a
Request for Pre1iminary Plat Approval of Twenty (20) Building LÐts and One (1) Other
Lot on 5.27 Acres in a Proposed R.4 Zone for Packard Acres No.3 Subdivision, by
Packard Estates Development, LLC
Case No(s).: AZ-O4-005, PP-04-006
For the <::ity Counell Hearing Date of: October 12, 2004
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published fur two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of fue external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more fuan one week
before said hearing. All other noticing was done consistent with Idaho Code§67-
6509.
b.
The matter was duly considered by fue City Council at the October 12, 2004 public
hearing(s). Tbe applicant, affected property owners, and government subdivisions
providing services within fue planning jurisdiction of fue Ci ty of Meridian were
given full opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testín1Ony) and in the official meeting minutes (for
oral testimony).
c.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation OD the subject matter to the City Council. On May 18,
2004, the City Council remanded both applications to the P&Z Commission. On
September 16, 2004, the Commission made a second set of recommendations to the
City Council.
On October 12, 2004, the City Council heard and took oral and written testimony
and duly considered the evidence and the record in this matter.
d.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §'§ 11-15-5 and 11.17.5 as
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-04-005, PP-04-OO6 - PAGE I of 4
evidenced by fueAffidavit of Mailing, and the Affidavit of Publication and Proofof
Posting filed with the staff report.
3. AppliCation and Property Facts
In addition to the application and property facts noted in the staff report and the
Planning &. Zoning Recommendation for fue subject apjJliCation(s), it is hereby
verified that the property owner( s) of record at the time of issuance of these
findings is Packard Estates Development, LLC.
4. Required Findings per Zoning and Subdivision Ordinance
a.
a.
See Exhibit G and H for the findings required for each type of application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, TItle 67, Idaho Code (I.C. §67-
6503).
2. The Meridian City Council ta.Jœ!¡judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps fuereof. The City of Meridian has, by ordinance, established the
Impact Area. and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382Iffid Maps.
3. The conditions shall be reviewable by the City Council pm:suant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to fue comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jnrisdiction.
5. It is found public facilities and services required by the proposed development wiU not
impose expense upon the public if the attached couditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by fue Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, fue Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the PreHminary Plat
dated 07-22-04 as shown in Exhibit B and the Conditions of Approval in Exhibits C
and D. The conditions are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approval of the applications.
C. Decision and Order
CITY OF MERIDIAN FINDINGS OF FACT, CONCWSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O4-ß05, PP-Ø4-006. PAGE 2 of 4
Pursuant to the City Council's authority as provided.in Meridian City Code § 12-3-5 and
based upon fue above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
I. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
is hereby conditionally approved; and
2. The site specific and standard conditions of approval are as shown in Exhibit C.
D. Notice of Applicable Time Limits
1. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the pnblic utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4,B & C.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
I. 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 wifuin which a Petition for Judicial Review may be filed.
2. Please talte 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 the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the dat" of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
Exhibits
F.
Exhibit A: Legal Description
Exhibit B: Approved Preliminary Plat
Exhibit C: Annexation and Zoning Conditions of Approval
Exhibit D: Preliminary Plat Conditions of Approval
Exhibit E: ACHD Conditions of Approval
Exhibit F: Central District Health Department Conditions of Approval
Exhibit G: Annexation and Zoning Findings
CITY OF MERIDIAN FrNDlNGS OF FACf, CONCLUSIONS OF LAW AND DECISION &. O~DER
CASE NO(S). AZ-O4-ØOS, PP-Q4-006 . PAGE ~ of 4
Exhibit H: PreliminaIy Plat Findings
."
B~the Ci:- Council at its regular meeting held on the 2,6 ..f - day of
fa 2004.
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED 1!'.r.(!4Vf--
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
VOTED ~
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED-
and City Attorney.
By:
Dated: '\.:J~O4
CI1Y OP MERIDIAN FINDINGS OF FACT, CONCLUS1Dm OF LAW AND DECISION &. ORDER
CASE NO(S). AZ-O4-00s,PP.Q4.006- PAGE 4 of4
EXBIBIT A
IPOO@[fd @@[Pw
Legal Description
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Projoct NoJ 2427
Dale: FobnIary 13, 2004
Revi.so<I: JuJra.15,2604
. DESCRIPTION OF
P ACKAlUJ ACRES SDBDMSION N (I. 3
A p&Me1 of IaøI boiDø II ",9Ubdiviaion nfLot 10 ofBloøl< 5 ofPaclwd Acres
SublivisionNo.2... onm. in Book 8S ofPlalsathpl 9502 ODd 9503 Ûltbe Office of
tho ReoonJor fur 4da CoIDl1y, ldabo 8Dd II pordon ofb SB 114 oftbe NW 114 ofBection
5, T.3N., RoIB., B.M.. MeridIan,. Ada Counl3', II!abø. said lllJÇ81 beúJg more particularly
described as "!lows:
COMMBNOiN'G at 1111 ÍIOIt pin IIiIIrkiiS tba Narth 1/4 comer of said BcCÜón 5,
I!Im:a alnus tba NOIIh-Sauth- ofsectloa Uœ ofd Soction 5
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Soulb 00'27'32" West 353;.47 feet to ønlron,Pla IIIIIIf<ins 1M SGutho!151 comer of
thø North IJ2 '1/2 of tile sa 114 of the NW /4 of said SectioD 5; t""""
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EXHIBIT B
See Attached Preliminary Plat
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EXHIBIT C
Annexation and Zoning
Packard Acres No. 3 Subdivision
(File AZ-O4-00S)
The City Council of the City of Meridian hereby approves the requested Annexation and
, Zoning as requested by the Applicant fur the property described in the application,
subject to .the following:
1. The legal description submitted willi the application (dated 6-15-04, stamped by
David N. MarIes) shows the property as contiguous to the existing corporate boundary
of the City of Meridian.
2. Any existing domestic wells and/or septic systems within this project wíll have to be
removed fi'om their domestic service, per City Ordinance Section 5-7-517, when
services are available fi'om the City of Meridian. Wells may be used for non-
domestic purposes such as landscape irrigation.
3. All inigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to fue parcel shall be tiled per City
Ordmance 12-4-13. Plans will need to be approved by fue appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. If lateral users
association approval can't be obtained, plans win be reviewed and approved by the
Meridian City Engineer prior to final plat signature.
4. Any future subdivision, uses and construction on this property shall comply with fue
City of Meridian ordinances in effect at the time.
5. Prior to annexation. a Development Aereem.ent shall be entered into between Packard
Estates Develcroment. LLC and the Citv of Meridian. Said a\!l'eernent shall include a
condition that the developer denosit the sum of S8 000 into a fund for use bv the
Wil1l!1ite Lane User's Association for the constrnction of a lIate across Winflate Lane.
If substantial oomn1etion of the !!ate Ì!! not comu1eted within one vear from the
execution of the ~sit. the entire fund balance of S&.OOO shall revert back to the
develouer.
EXHIBIT D
PrelimiDary Plat
Packard Acre¡¡ Subdivision No.3
(File PP-414-006)
Site Soeclfic Conditions of AoDrovaI
1.
Applicant has provided a chainlink fence along fue southern border and a wood
fence along the western border as perimeter fencing and fuese fences may remain.
2.
The existing residence shown on Lots 20 and 21, Block 5 shall be removed prior
to fue issuance of any building permits within the subdivision.
3.
1fthe subject application is approved, the following conditions shall be placed on
the final plat:
a. Direct lot access to Wingate Lane is specifically prohibited and fuis
prohibition shall be referenced in the subdivision's Covenants, Conditions
& Restrictions.
b. Prior to annexation. a Deve1ocment Al!reement shall be entered into
between Packard Estates Deve1omnent. LLC Iffid the Citv of Meridian.
Said alll'eement shall include a cnndition that the deve10ner devosit fue
sum 0[$8.000 into a fund for use by the Winl!llte Lane User's Association
for the CODSIJuCtion of a ¡¡ate across WiImate Lane. If substantial
completion of the !late is not (".nmnleted withitl one year from the
execution of the denosil the entire fund balance of :$8.000 shall revert
back to the developer.
c. The developer shall have their attorney draw up a release of dominant
parcel interest in the private lane easement and record it prior to signature
on fue final plat. Also, provide a recorded copy of deed restrictions to
prohibit access to Wingate Lane and fotbid gates from adjoining lots or
removal of permanent fencing on tl1ese lots prior to applying for building
permits.
4.
A permanent fence matching fue existing Packard Acres No.2 materials shall be
constructed by the developer on the western boundary of the Wingate Lane
private road easement.
Lot 16, Block 1 sball be free of "wet ponds" or Ofuer'such nuisances. All
stonnwater detention facilities incorporated into the required open space are
subject to Ordinance 12-13-14 and shall be fully vegetu.téd with grass and trees, as
depicted on the submitted landscape plans. '
5.
6.
Please submit any up-to-date grO1mdwater monitoring data to fue Public Works
Department for review. All drainage areas (detention/retention basins) must be
designed to ensure that water will percolate or discharge within a period of time
not to exceed 24 hours for all stonns up to and including a I OO-year storm event.
Side slopes within dmi1l!1ge areas shall not exceed 3:1. The project engineer
should pay close attention to the results of field studies detennining the
gro1mdwater, soil type & and characteristics during fue design and construction
phases. The engineer shall be required to certify that the street centerline
elevations are set a minimum of 3-feet above the highest established normal
groundwater elevation. This is to ensure that the bottom elevation of the crawl
spaces of homes is at least 1-foot above groundwater.
7.
Sanitary sewer service to this site shall be via main line extensions fi'om aD
existing main installed adjacent to the property. The applicant will be
responsible to construct sewer mains to and through fuis proposed development.
Subdivision designer to coordinate main sizing and routing with the Public Works
Department. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service.
8.
Domestic water service to fuis site shall be via main line extensions from mains
installed adjacent to the property. The applicant will be responsible to construct
water mains to and ilirough t1ús proposed development Subdivision designer to
coordinate main sizing and routing with the Public Works Department. AppHcant
shall execute City of Meridian standard forms of easements, for any mains that
arerequired to provide service.
9.
The applicant has not indicated who wal own and operate the pressurized
irrigation system within this development. Underground vear-round pressurized
irrigation muatbe provided to all lots within t1:ús development. The City of
Meridian requires that pressurized inigation systems be supplied by a year-round
source of water. If the pressnrized irrigation system within this developmellt is to
remain a private homeowners' association system, complete plans and
specifications shall be reviewed by the Public Worb Department as part of fue
development plan review process. A draft copy of the pressurized irrigation
system O&M manual shall be submitted prior to plan approval. The Applicant
shall be required to utilize any existing surface or well water for fue primary
source. If a surface or well source is not available, a single-point connection to
the oulinary water system shall be required. If a single-point connection is
utilized, the developer shall be responsible for the payment of assessments for the
conunon areas prior to signature on the final plat by the City Engineer.
Standard CondidoDS of ADDroval lPreliminarv Plat)
1.
All grading of the site shall be performed in conformance willi MCC 11-12-3H.
2.
Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8.
3.
Please submit with the final plat application a copy of the Ada County Street
Name Committee's approval letter for the subdivision name, and the lot and block
numbering. Make any c:m:rections necessary to confonn. '
A letter of credit or cash surety in the amount of 110% will lie required for all
fencing, landscaping, pressurized inigation, sanitary sewer, water, etc., prior to
City Engineer signature on the final plat.
4.
5.
A detailed landscape and fencing plan, in compliance with the landscape and
subdivision ordinance, shall be submitted for the subdivision with the final plat
application.
6.
Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
7.
One-hundred-watt, high-pressure sodium street1ights will be required at locations
designated by the Public Works Department. AU streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire
hydrants. Final desìgn locations and quantity are detenníned after power designs
are completed by Idaho Power Company. The street light contractor shall obtain
design and permit from the Public Works Department prior oornmencing
installations.
8.
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 have to be mitigated. '
9.
Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service per City Ordinance Section 9-1-4 and
9~4-8. Wells may be used for non-domestic purposes such as landscape irrigation.
10.
Compaction test results must be submitted to the Meridian Building Deparbne11t
for all building pads receiving engineered backfill, where footing would sit atop
fill material.
11.
Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a mínín1um of three
feet above the highest established normal groundwater elevlition.
Meridian Fire Denartment Conditions of AJJDrOnl
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
beplaced an average of 400' apart. International Fire Code Appendix D
2.
Final Approval of the fire hydrànt locæians shall be by. the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 v,"outIet face fue 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 comers.
£ Fire hydrants shalL not have any vertical obstructions to outLets within 10'.
3.
All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside.
4.
Operational fire hydrants and temporary or permanent street signs are required
before combustible constrllction begins.
EXHIBIT E
Ada County Highway District
Conditions of Approval
Packard Acres Subdi1lÜiou No.3
(File PP-o4-0G6)
A.
Site Specific Conditions of Approval
1.
Construct the internal local roadways (E. Meadowgrass Street and N. DevÍin
Avenue) as 36-foot street sections willi cw'b, gutter, and 5-foot concrete sidewalk
within SO-feet ofrigbt-of-way;
2.
Extend E. Meadowsgrass Street into the site across the private road easement for
Wingate Lane at the east property line.
Extend N. Dev1in Avenue at the north property line into the site.
3.
4.
Construct N. Devlin Avenue as a stub street to the 5~acre parcel adjacent to the
south of the site. Insta1I a sign at the terminus of fue roadway stating that, "TIllS
ROAD WILL BE EXTENDED IN THE FQTURE."
5.
Pave Wingate Lane at its intersections with E. Meadowgrass Street and E. Challis
Street its full width and at least 3D-feet beyond the edge of the concrete sidewalks.
6.
Comply with all Standard Conditions of Approval.
B.
Standard Conditions of Approval
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated willi improving street ftontages abutting the
site shall be borne by the developer.
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.
3.
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 (wifu 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 snpplements,
Construction Services procedures and all applicable ACHD Ordinances unless
7.
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certifY all improvement plans.
6.
The applicant shall submi1 revised plans for staff approva~ prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
Construction, use and property development shall be in confonnance willi 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.
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 DlGLINE (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.
9.
10.
No change in the terms and conditions oft!ùs approval shall be valid unless they
are in writing and signed by fue 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 confumation of
any change ftom the Ada County Highway District.
11.
My 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
fue 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 II
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.
EXlDBITF
Central District Health District
Conditions of Approval
PlWkard Acres Subdivision No.3
(FOe }>P-04-006)
I. This proposal can be approved for central sewage & central water after written
approval ftom appropriate entities is submitted.
2. The Applicant's central sewage and central water ptans 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 fue
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.
EXHIBIT G
The City Council hereby approves the following analysis ofreqtrired findings by staff:
. ANNEXATION & ZONING ANALYSIS
According to Ordinance 11-15-11, General Standards Applicable to Zoning
Amendments, both the P&Z Commission and Council are required "to review the.
particular facts and circumstances of each proposed zoning amendment in !erms of the
, fOllowing standards and shall find adequate evidence answering t~e following questions
about the proposed zoning amendment. "
Thejollowingi$ the iist ofstandards/ound in 11-15-11 and analrsÎS by staff:
A.
Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application fora
Comprehensive Plan amendment;
Staff finds fuat fue proposed zoning designation, R-4, is hannoDious with and in
accordance with fue 2002 Comprehensive Plan and 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 Packard Acres No.3' s
gross density is 3.49 dulacre. In addition, Chapter VIlaf tJ:¡e P11ffi encourages
infill development and the connectivity of subdivisions, which this subdivision
accomplishes.
B.
Is the area included in the zoning amendment intended to be rezoned in the
future;
Staff does not anticipate that the applicant intends to rezone the subject property
in the future. Besides the 5.acre, undeveloped parcel to the south (owned by the
Sharps), there are several large, undeveloped county parcels to the north of the
site on the south side of Us tick Road. Rezone applications are anticipated on these
parcels in the future.
c.
Is the area included in the zoning amendment Intended to be developed in the
fashion that would be allowed under the new zoning -for example., a
residential area turning into a commercial area by means of conditional use
permits; ,
Staff finds that the proposed single family residential subdivision would be
allowed within the requested zoning district of R-4. The accompanying
preliminary plat demonstrates the land will be developed in lot sizes, housing
types and other dimensiolUlI requirements that conform to the new zoning.
D.
Has there been a change in the area or adjaeent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
ranroad access been developed or plaoned or adjacent area being developed
in a fashion similar to the proposed rezone area;
Staff finds that the land directly north, west and east of the subject property is
annexed and constructed similar to fue proposed subdivision (packard Acres and
Chateau Meadows East subdivisions). The majority of the subject section (TIN,
RIB, 5) is designated for residential development similar to the'proposed project.
Stafffinds there is adequate public street infrastructure, emergency access and
other municipal services to serve this infil1site. The proposed number of new
units (20) is not anticipated to create a demand that fue existing inftastructure
cannot handle.
E.
Will the proposed uses be designed, colllitroeted, operated and maintained to
be barmoniolls and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not clIange the
essential character of the same area;
Staff finds that the proposed single family residential uee will have some change
impact on the existing character of the adjacent county parcel to the south. The
intended character of the subject parcel and the immediate vicinity is low to
medium density residential uses. The proposed use confonns with the Future
Land Use Map. The design and density conforms to the Comprehensive Plan
policies. To avoid street maintenance problems due to gravel being tracked onto
the roadway, ACHD is requiring the applicant to pave Wingate Lane at its
intersections with E. Meadowgrass Street and E. Challis Street its full width and
at least 3O-feet beyond the edge of the concrete sidewalks.
F.
Will the proposed uses J1.ot be hazardous or disturbing to existing or future
neighboring uses;
The Commission and Council should rely on public testimony (oral and written)
to determine whether or not the proposed uses will be disturbing or hazardous to
the existing or future neighboring uses.
Staff does not auticipate that the proposed residential uses will be hazardous as
long as construction traffic and house constnK:tion is. conducted in a manner
consistent with Meridian City Code.
G.
Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection., drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment sbaD be able to provide
adequately any ofsuch services;
Staff fu1ds that the property to be annexed will or can be served adequately by
essential public facilities and services if all conditions of approval are met by the
applicant. All public streets that can be eKtended into the property are proposed to
be extended and utilized. The applicant will be required to extend water and sewer
lines to and through the proposed development, thereby making them availab1e to
the undeveloped property to the south. The applicant and/or future property
owners will be required to pay park and highway impact fees as well as construct
on-site storm water drainage facilities.
Please review ACHD. Police and the Fire Dep!ll1men!'s comments conceming
this subdivision for further information regardillg public services and facilities.
H.
Will not create exeessive additional requiremmts at public cost for public
faclli.ties aod services aod will not be detrimental to the eeonomic welfare of
the community;
Staff finds that there will not be excessive addi1ional requirements at public cost
for public services and facilities, if fue app1icant complies with the conditions of
approval for the accompanying conditional use permit and preliminary plat
applications.
I.
Will the proposed uses not involve uses, activities, processes, materials,
equipment and condltloDS of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fllmes, glare or odors;
Staff recognizes that traffic and noise will increase upon build-out of fue proposed
subdivision. ACHD projects the development will generate 200 additional vehicle
trips per day. However, staff does not feel that the amount generated will be
detrimental to fue public welfare if all City and ACHD conditions of approval are
met.
Staff finds that the proposed subdivision will not involve uses that would create
other nuisances that would be detrimental to fue general welfare of the
surrounding area.
J.
Will the area have vehicular approaches to the property which shall be so
designed as not to create on interference with traffic on surrounding public
streets;
Staff fincls that the applicant's companion preliminary plat demonstrates the
vehicular approaches and public streets will be designed in a logical and safe
manner. In addition, the ACHD Commission approved the preliminary plat
application and the proposed vehicular approaches/access points. The
Commis¡¡ion and Co1Ul.CiI should review ACHD comments concerning vehicular
approaches and traffic generation.
K.
wm not result in the destruction, loss or damage of a natural or srenie
feature of major importanee; and
Staff:finds that no natural or scenic features of llli!Íor importance will be lost or
damaged by approving the annexation and rezone. Any existing trees l~ than
4" caliper that are removed shall be mitigated for, per fue Landscape Ordinance.
L.
Is the proposed zoning amendment in the best inteJ'est of the Ci.ty of
Meridian. (Ord. 592.11-17-1992)1
Staff finds that all essentia.) services are available or will be provided by fue
developer to the subject property and will not require unreasonable expenditure of
public funds. The applicant is proposing to develop fue land in substantial
compliance with the City's comprehensive plan (medium. density residential) and
infill policies/goals. The land east, west and north of the subject property has
already been annexed and this is a logical expansion of existing zoning and land
uses.
EXHIBIT B
The City Council hereby approves the following analysis of required findings by staff:
PRELIMINARY PLAT FINDINGS AND REOUIREMENTS
SectioD!i 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a
proposed subdivision, the Commission/Council shall COD!iider the objectives of this title
and at least the following:
B. The oonformance of the subdivision with the Comprehensive
Development Plan;
Staff :finds that the proposed application is in substantial compliance with fue
adopted Future Land Use Map of the Comprehensive Plan (Chapter VII). The
proposed density, 3.79 dulacre (gross), is in compliance with the land use
classification, medium density residential, noted on fue map.
b. The availability of public services to accommodate the proposed
development;
Staff finds that public services are available to aooommodate the proposed
development. (See the findings under "Annexation and Zo11ìng" for more detail.)
c. The continuity of the proposed development with the capital
improvement program;
Staff finds that the subdivision will not require the expenditure of capital
improvement funds.
II, The pubUc f"mancla1 capabUity of supporting service¡¡ for the proposed
development; ,
Staff recommends the Commission and Council rely upon comments wm the
public service providers (i.e. police, fire, ACHD, etc) to determine this finding.
eo The other health, safety or environmental problems that may be brought
to the Commission's øttention.
Staff finds that there are no other health, safety or environmental problems
associated willi fue proposed development.