Heritage Commons Subdivision AZ 02-006
PARTIES: 1.
2.
3.
ADA COUNTY REl::ORDER
J. 91\,,\10,' NA,Y:,\RRO 1lA..~
c,,';o.i..lfh,¡O 'l)\YD
2aalJL 12 M II:33
, ,RECORDED-R QUEST OF ",)
FE.O PD
I C20ì8392
i. MERIDIAN CITY
DEVELOPMENT AGREEMENT
City of Meridian
Eugene Quenzer, Owner
Brighton Corporation, Developer, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this t3-r!l day of ..:¡- ~ , ZeJO 2, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and EUGENE QUENZER, hereinafter called
"OWNER", whose address is 4020 N. Black Cat Road, Meridian, Idaho
83642, and BRIGHTON CORPORATION, hereinafter called "DEVELOPER",
whose address is 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83713.
1.
RECITALS:
1.1
1.2
1.3
1.4
WHEREAS, "Owner" is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State
of Idaho, described in Exhibit A, which is attached hereto
and by this reference incorporated herein as, if set forth in
full, herein after referred to as the "Property"; and
WHEREAS, I.c. §67-6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the "Owner" or "Developer" make a
written commitment concerning the use or development of
the subject "Property"; and
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, "Owner" and "Developer" have submitted an
application for annexation and zoning of the "Property"s
described in Exhibit A, and has requested a designation of
(R-8) Medium Density Residential District, (Municipal
Code of the City of Meridian); and
DEVELOPMENT AGREEMENT (AZ-O2-006) - 1
1.6
1.7
1.8
1.9
1.5
WHEREAS, "Owner" and "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 government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
WHEREAS, City Council, the ~, day of ~11.€.., 2002,
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" 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
1.10 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
DEVELOPMENT AGREEMENT (AZ-O2-006) - 2
the "City" in the proceedings for annexation and zoning
designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to ensure annexation and zoning
designation is in accordance with the Comprehensive Plan
ofthe City of Meridian adopted December 21, 1993,
Ordinance #629, January 4, 1994, 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 purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1
3.2
3.3
"CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
"OWNER": means and refers to Eugene Quenzer, whose
address is 4020 N. Black Cat Road, Meridian, Idaho
83642, the party developing said "Property" and shall
include any subsequent owner(s)/developer(s) of the
"Property" .
"DEVELOPER": means and refers to Brighton
Corporation, whose address is 12426 W. Explorer Drive,
Suite 220, Boise, Idaho 83713, the party developing said
"Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
DEVELOPMENT AGREEMENT (AZ-O2-006) - 3
3.4
"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
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 (D) which
are herein specified as follows:
Construction and development of 2 73 residential building
lots and 17 other lots.
Development shall be consistent with the Meridian
Comprehensive Plan Generalized Lane Use Map which
designates the property as Single Family Residential, and go
through the planned development process and as conditional
uses.
4.2
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner" and
"Developer" are not required to submit to "City" an application for conditional
use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
A.
"Owner" and "Developer" shall develop the "Property" in
accordance with the following special conditions:
DEVELOPMENT AGREEMENT (AZ-O2-006) - 4
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"Developer" or "Owner" and "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.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" and "Developer" consent upon default to the de-
annexation and/or a reversal of the zoning designation of the "Property"
subject to and conditioned upon the following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Owner" and "Developer"
and if the "Owner" and "Developer" fails to cure such
failure within six (6) months of such notice.
9. INSPECTION: "Owner" and "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 In the event "Owner" and"Developer", "Owner" and
"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
DEVELOPMENT AGREEMENT (AZ-O2-006) - 5
modified or terminated by the "City" upon compliance
with the requirements of the Zoning Ordinance.
10.2 A waiver by "City" of any default by "Owner" and
"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.
11. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Owner" and "Developer"'s cost, and submit proof of such
recording to "Owner" and "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 "Developer", or by
any successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
13.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Owner" and "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
DEVELOPMENT AGREEMENT (AZ-O2-006) - 6
(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.
13.2 In the event the performance of any covenant to be
performed hereunder by either "Owner" and "Developer"
or "City" is delayed for causes which are beyond the
reasonable control of the party responsible for such
performance, which shall include, without limitation, acts
of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time
of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure
that installation of the improvements, which the "Owner" and "Developer"
agrees to provide, if required by the "city".
15. CERTIFICATE OF OCCUPANCY: The "Owner" and
"Developer" agrees that no Certificates of Occupancy will be issued until all
improvements are completed, unless the "City" and "Owner" and "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
"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-O2-006) - 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 the United States Mail, registered or certified
mail, postage prepaid, retUrn receipt requested, addressed as follows:
CITY:
OWNER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Eugene Quenzer
4020 N. Blaclc Cat Road
Meridian, Idaho 83642
with copy to:
DEVELOPER:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Brighton Corporation
12426 W. Explorer Drive, Suite 220
Boise, Idaho 83713
17.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
DEVELOPMENT AGREEMENT (AZ-O2-006) - 8
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 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 "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 "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 from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner" and
"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 "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
DEVELOPMENT AGREEMENT (AZ-O2-006) - 9
amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-O2-006) - 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNER:
~~
:/ ~
Euge " Quenzer '
BRIGHTON CORPORATION,
DEVELOPER
BY:)Þ~~ /;W~
Attest:
BY:
DEVELOPMENT AGREEMENT (AZ-OZ-OO6) - 11
STATE OF IDAHO)
:ss
COUNTY OF ADA)
(S
STATE OF IDAHO)
:ss
COUNTY OF ADA)
DEVELOPMENT AGREEMENT (AZ-O2-006) - 12
STATE OF IDAHO
:ss
)
On this r¿ 'f!Å day of 'JV.W , in the year 2002,
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. BerðGlow 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 aclcnowledged to me that such City
executed the same.
County of Ada
(SEAL)
.."'"
...ON S~
__~ói~;:,&-
:~/ "" r~
. \ .
: \ j :
. , L .
... },,!:'cJm,\f:1,-;,pl
..~.;;.---.rl-.~..
".<"'OF"'-.-
--..."
~ah<Yl ~~
Notary Public for Idaho
Commission expires: t-\' - 2~ -0 'ð
Z;\Work\M\Meridían\Meridian 15360MIHeritage Commons AZOZ.()O6 PPOZ-OO7 CUPOZ'OO7\DevelopAgr.doc
DEVELOPMENT AGREEMENT (AZ-O2-006) - 13
EXHIBIT A
Legal Description Of Pro{lerty
A parcel of land located in the E Yz of Section 31, T. 4 N., R. IE., B.M., Ada
County, Idaho, more particularly described as follows:
Commencing at the V. section comer common to Sections 31 and 32 of said T. 4N.,
R. 1 E., said point being on the centerline of North Locust Grove Road, also said
point being the REAL POINT OF BEGINNING;
Thence South 00°31'35" West, 671.76 feet on the section line common to said
Sections 31 and 32;
Thence South 89°05'24" West, 354.28 feet on the northerly boundary of Parcel B
of Record of Survey Number 909, recorded as Instrument Number 8632832 of Ada
County Records;
Thence South 00°30'18" West, 650.71 feet (formerly described as South 0°05'29"
East, 650.20 feet) on the westerly boundary of Parcels A and B of said Record of
Survey Number 909, to a point on the southerly boundary line of the NY, of the SE
Y. of said Section 31;
Thence North 89°46'10" West, 2290.20 feet on the southerly boundary line of said
N Yz of the SE V. of Section 31, to the southwest comer of said NY, of the SE v.;
Thence North 00°45'41" East, 1329.43 feet on the north-south mid-section line of
said Section 31, to the center V. section comer of said Sections 31;
Thence North 00°41 '44" East, 21.70 feet (formerly described as North, 20 feet,
more or less) on the north-south mid-section line of said Section 31, to a point on
the centerline of an irrigation ditch;
Thence South 89°15'54" East, 1320.85 feet (formerly described as Southeasterly,
1320 feet, more or less) on the now partially obliterated centerline of an irrigation
ditch to a point on the westerly boundary line of the SE Y. of the NE V. of said
Section 31, said point being on the centerline of an existing irrigation ditch;
Thence South 08°35'27" West, 10.00 feet (formerly described as South 10 feet,
more or less) on the westerly boundary line of said SE Y. of the NE v., to the
southwest comer of said SE V. of the NE v.;
Thence South 89°46'21" East, 1317.76 feet (formerly described as North 89°37'08"
East, 1320.14 feet) on the east-west mid-section line of said Section 31, to the real
point of beginning. Containing 75.78 acres more or less.
DEVELOPMENT AGREEMENT (AZ-O2-006) - 14
EXHillIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-O2-006) - 15
BEFORE THE MERIDIAN CITY COUNCIL
C/C 05-21-02
IN THE MATTER OF THE )
APPLICATION OF BRIGHTON )
CORPORATION, THE )
APPLICATION FOR ANNEXATION)
AND ZONING OF 76.16 ACRES )
FOR PROPOSED HERITAGE )
COMMONS, LOCATED ON THE )
WEST SIDE OF N. LOCUST )
GROVE ROAD BETWEEN E. )
MCMILLAN ROAD AND E. )
USTICK ROAD, MERIDIAN, )
IDAHO)
Case No. AZ-02-006
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public hearing
on May 21,2002, at the hour of6:30 p.m., and Brad Hawkins-Clark Planner II for the Planning
and Zoning Department, and David Turnbull, Beverly Donahue, Joe Silva - Fire Marshall, Mike
Wardle, Gary Smith - Public Works Director, Herb Lee, Paul Spirk, C.L. Johnson, Jake Centers,
appeared and testified, and the City Council having duly considered the evidence and the record
in this matter therefore makes the following Findings of Fact and Conclusions of Law, and
Decision and Order:
FINDINGS OF FACT
1.
There has been compliance with all notice and hearing requirements set forth in
Idaho Code § 67-6509 and 67-6511, and Meridian City Code § 11-15-5 and 11-16-1.
2.
The City Council takes judicial notice of its zoning, subdivisions and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIHERITAGE COMMONS
(AZ-02-006)
development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning
maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993,
Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area
Boundary.
3.
The property which is the subject to the application for annexation and
zoning is described in the application, and is approximately 76.16 acres in size, is located on the
west side ofN. Locust Grove Road between E. McMillan Road and E. Ustick Road, all within
the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area.
4.
The owner of record of the subject property is Eugene Quenzer of Meridian,
Idaho; and the applicant is Brighton Corporation of Boise, Idaho.
5.
The property is presently zoned by Ada County as RUT, and consists of
agricultural land.
6.
The Applicant requests the property be zoned as R-8, with the intent to develop
273 residential building lots and 17 other lots, which is consistent with the Meridian
Comprehensive Plan Generalized Land Use Map which designates the subject property as Single
Family Residential.
7.
The subject property is bordered to the north, south and west by Ada County
zoned properties, and to the east by Meridian Charter High School, zoned R-4.
8.
There are no significant or scenic features of major importance that affect the
consideration of this application.
9.
The City Council recognizes the concerns of Mr. and Mrs. Young dated March
11, 2002, Jim Moyer dated April 5, 2002, Leon Johnson dated April 9,2002, and an undated
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/HERITAGE COMMONS
(AZ-02-006)
letter from Michael and Beverly Donahue.
10.
Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
1.
Any existing domestic wells and/or septic systems within this project shall have to be
removed from their domestic service per City Ordinance Section 5-7-517. Wells maybe
used for non-domestic purposes such as landscape irrigation.
2.
A Development Agreement shall be required as part of this annexation request.
3.
The City Council further recognize the clarification of the applicant in respect to Staffs
comment H.on page 5 of their April 16 Memorandum as follows:
There will be some disruption during construction, but applicant shall work with the
neighbors to minimize the impact. The ingress/egress easement is non-exclusive, and
applicant shall retain the right to use and improve it.
Adopt the Recommendations of the ACHD as follows:
1.
Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the par-
cel 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 pennit (or other required
pennits), whichever occurs first.
2.
Construct the main entrance, East Heritage Place, intersecting Locust Grove Road, located
approximately 580-feet south of the north property line with 2 I-foot street sections on either
side of the center medians, as proposed. The medians shall be constructed a minimum of 4-
feet wide (maximum 12-feet wide) to total a minimum of a IOO-square foot area. The
applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the
medians.
3.
Construct a 5-foot wide detached concrete sidewalk on Locust Grove Road located 2-feet
within the new right-of-way. Coordinate the location and elevation of the sidewalk with
District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for
the sidewalk.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/HERITAGE COMMONS
(AZ-02-006)
Construct the following roadways as 29-foot street section with curb, gutter and a separated
4-foot wide concrete sidewalk within 50-feet ofright-of-way, as proposed. Parking shall be
allowed on both sides of these roadways contingent upon review and approval from the
appropriate Fire Department.
4.
a)
b)
c)
d)
e)
t)
g)
h)
i)
j)
North Heritage Common Avenue: Village Common Street to Herons Crossing Drive,
North Heritage Woods Avenue: Village Common Street to Herons Crossing Drive,
North Heritage Park Way: Legacy Crossing Drive to Herons Crossing Drive,
North Heritage Green Way: All segments,
North Heritage Crossing Way: Legacy Crossing Drive to Herons Crossing Drive,
East Heritage Street: Heritage Parkway to Heritage Crossing Way and Legacy
Crossing Drive to Legacy Common Avenue,
North Legacy Common Avenue: All segments,
East Truth Street: Legacy Common Avenue to Legacy Woods Avenue,
East Trust Street: Legacy Common Avenue to Legacy Woods Avenue,
North Legacy Woods Avenue. All segments.
5. Construct the following roadways as 33-foot street sections within 50-feet of right-of-way
contingent upon review and approval from the appropriate Fire Department, as proposed.
North Heritage Common Avenue Heritage Street to Legacy Crossing Drive,
East Legacy Crossing Drive: All segments,
East Tradition Street: All segments,
North Heritage Woods Avenue: south of Legacy Crossing Drive.
6. Construct the following street sections as 36-foot street sections with curb, gutter and 5-
foot wide concrete sidewalks within 50-feet of right-of-way, as proposed.
a) East Herons Crossing Drive: Heritage Crossing Way to the north property line,
b) East Vestige Drive: All segments
c) Ashton Street: Legacy Woods Avenue to the west property line.
7.
Construct six stub streets, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/HERITAGE COMMONS
(AZ-02-006)
a. North Heritage Woods Avenue is proposed to stub to the south property line
approximately 390-feet west of the east property.
b. North Heritage Green Way is proposed to stub to the south property line
approximately 1,030-feet west of the east property line.
c. East Traditions Street is proposed to stub to the west property line approximately
DO-feet north of the south property line and stubbing to the west property line.
d. East Ashton Street is proposed to stub to the west property line approximately 850-
feet north of the south property line.
e. North Legacy Woods Avenue is proposed to stub to the north property line
approximately DO-feet east of the west property line.
f. North Legacy Common Avenue is proposed to stub to the north property line
approximately 420-feet east of the west property line.
8. Provide a paved temporary turnaround at the end of North Heritage Green Way and North
Legacy Woods A venue with a temporary easement provided to the District and install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
Coordinate the sign plan for the stub street, and the design of the turnaround with District staff.
9. Construct East Vestige Drive intersecting Locust Grove and the north property line, as one-
half of a 36-foot street section plus 12-feet of additional pavement, with curb, gutter and 5-foot wide
concrete sidewalk within 42-feet of right-of-way, as proposed.
10. Construct five alleys within the proposed project within a minimum of 16-feet of right-of-
way, as proposed.
a. The first proposed alley is proposed to connect North Heritage Common Avenue with
North Heritage Woods, Avenue.
b. The second proposed alley is proposed to connect North Heritage Woods Avenue
with North Heritage Park Way.
c. The third proposed alley is proposed to connect North Heritage Common Avenue
with North Heritage Woods Avenue.
d. The f()urth and the fifth proposed alleys are proposed to connect North Heritage
Woods Avenue and North Heritage Park Way.
11. Any proposed landscape islands/medians within the public right-of-way dedicated by this
plat shall be owned and maintained by a homeowners association. Notes of this shall be required
on the final plat.
12.
Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District.
13.
Any existing irrigation facilities shall be relocated outside ofthe right-of-way.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/HERITAGE COMMONS
(AZ-02-006)
14. All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
15. Other than the public streets specifically approved with this application, direct lot or parcel
access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application,
shall be stated on the final plat.
16. Comply with all of ACHD's Standard Requirements listed in their report dated May 10,
2002.
Adopt the Meridian Fire Department Recommendations as follows:
1.
One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for a duration of2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart at approved locations.
2.
Operational fire hydrants and temporary or pennanent street signs are required before
combustible construction begins.
3.
Acceptance of water supply for fITe protection is contingent upon acceptance of the water
system by the City of Meridian.
4.
Final approval for fITe hydrant location shall be by the Meridian Fire Department.
5.
All turning radii shall be a minimum of28' inside and 48' outside.
6.
Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
7.
The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a turnaround.
8.
The Meridian Fire Department requests strict application of the Unifonn Building Code
for sideyard setbacks in Blocks 7, 8, 11, 12 with no variances to limit the potential fITe
spread from building to building in those blocks.
9.
The alleys in Blocks 7, 8,11,12 be signed on each end stating "Fire Lane No Parking".
10.
The driveway leading to the two lots on E. Heron Crossing Dr. at Heritage Green Way
shall be 20' with no parking.
11.
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. 10, and all sub-parts, the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/HERITAGE COMMONS
(AZ-02-006)
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
12.
It is also found that the development considerations as referenced in Finding No.
10 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is hannonious
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. It is found that the
proposed uses will create additional traffic, especially on Locust Grove and Ustick Roads.
However, staff does not believe that the increase in traffic will be excessive. Staff does not
anticipate that the proposed development will generate traffic, noise, smoke, odors or other
nuisances that would be detrimental to the general welfare of the surrounding area.
13.
It is found that the zoning of the subject real property as Medium Density
Residential District (R-8) requires connection to the Municipal Water and Sewer systems and
will be compatible with the Applicant's development intentions, and will assure that the zoning
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which
designates the subject property as Single Family Residential.
14.
Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public streets; it is found that
the two proposed approaches on Locust Grove Road should not appreciably interfere with traffic
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/HERITAGE COMMONS
(AZ-02-006)
on the surrounding streets. The north approach, E. Heron's Crossing drive, is an existing private
road and the develper must not interfere with this ingress/egress easement that serves the existing
property owners to the north. Should the new roadway be designed and constructed in such a
way as to protect these owners, the future roadway should actually improve the accessibility and
traffic flow on E. Heron's Crossing since it will be a wider street and be paved
15.
The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive Plan ofthe
City as follows:
Goals Section:
Goal 3, Goal 4, Goal 8, Goal 9
Economic Develonment:
1.1, 1.3, 1.5, 3.1U, 3.2U
Land Use:
1.10U, 2.1U, 2.4U, 4.3U, 5.9, 5.12, 5.13
CommunitY Desi!m:
1.3,1.4, 2.1U, 2.3U, 6.2U 6.11U
Transnortation Chanter:
1.19U, 1.18
16.
The property can be physically serviced with City water, but sewer service is
dependent upon the extension of the White Drain Trunk, which is slated for construction this
year.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/HERITAGE COMMONS
(AZ-02-006)
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 Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629,
January 4, 1994.
4.
The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
4.A
Goals Section:
Goal 3, Goal 4, Goal 8, Goal 9
Economic Develooment:
1.1,1.3,1.5, 3.lU, 3.2U
Land Use:
1.10U, 2.lU, 2.4U, 4.3U, 5.9, 5.12, 5.13
Community Desil!:n:
1.3,1.4, 2.lU, 2.3U, 6.2U 6.11U
Transoortation Chapter:
1.19U, 1.18
5.
The zoning of Medium Density Residential District (R-8) is defined in
the Zoning Ordinance at § 11-7-2 D as follows:
(RoB) Medium Density Residential District: The purpose oftheR-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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/HERITAGE COMMONS
(AZ-02-006)
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.
6.
Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
7.
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8.
Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
1.
The applicant's request for annexation and zoning of approximately 76.16 acres to
Medium Density Residential District (R-8) is granted subject to the terms and conditions of this
Order hereinafter stated.
2.
The application is for annexation and zoning of 76.16 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/HERITAGE COMMONS
(AZ-02-006)
for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No.
686.
3.
Developer shall be required to met 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:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
1.
Any existing domestic wells and/or septic systems within this project shall have to be
removed fÌ'om their domestic service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape irrigation.
2.
A Development Agreement shall be required as part of this annexation request.
3.
The City Council further recognize the clarification of the applicant in respect to Staffs
comment H.on page 5 of their April 16 Memorandum as follows:
There will be some disruption during construction, but applicant shall work with the
neighbors to minimize the impact. The ingress/egress easement is non-exclusive, and
applicant shall retain the right to use and improve it.
Adopt the Recommendations of the ACHD as follows:
1. Dedicate 48-feet of right-of-way fÌ'om the centerline of Locust Grove 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.
2. Construct the main entrance, East Heritage Place, intersecting Locust Grove Road,
located approximately 580-feet south of the north property line with 21-foot street sections on
either side of the center medians, as proposed. The medians shall be constructed a minimum of
4-feet wide (maximum 12-feet wide) to total a minimum ofa IOO-square foot area. The
applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the
medians.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/HERITAGE COMMONS
(AZ-02-006)
3. Construct a 5-foot wide detached concrete sidewalk on Locust Grove Road located 2-feet
within the new right-of-way. Coordinate the location and elevation of the sidewalk with District
staff. If the sidewalk meanders outside ofthe right-of-way, provide an easement for the sidewalk.
4. Construct the following roadways as 29-foot street section with curb, gutter and a separated
4-foot wide concrete sidewalk within 50-feet of right-of-way, as proposed. Parking shall be allowed
on both sides of these roadways contingent upon review and approval from the appropriate Fire
Department.
a) North Heritage Common Avenue: Village Common Street to Herons Crossing Drive,
b) North Heritage Woods Avenue: Village Common Street to Herons Crossing Drive,
c) North Heritage Park Way: Legacy Crossing Drive to Herons Crossing Drive,
d) North Heritage Green Way: All segments,
e) North Heritage Crossing Way: Legacy Crossing Drive to Herons Crossing Drive,
f) East Heritage Street: Heritage Parkway to Heritage Crossing Way and Legacy Crossing
Drive to Legacy Common Avenue,
g) North Legacy Common Avenue: All segments,
h) East Truth Street: Legacy Common Avenue to Legacy Woods Avenue,
i) East Trust Street: Legacy Common Avenue to Legacy Woods Avenue,
j) North Legacy Woods Avenue. All segments.
5. Construct the following roadways as 33-foot street sections within 50-feet of right-of-way
contingent upon review and approval from the appropriate Fire Department, as proposed.
North Heritage Common Avenue Heritage Street to Legacy Crossing Drive,
East Legacy Crossing Drive: All segments,
East Tradition Street: All segments,
North Heritage Woods Avenue: south of Legacy Crossing Drive.
6. Construct the following street sections as 36-foot street sections with curb, gutter and 5-
foot wide concrete sidewalks within 50-feet of right-of-way, as proposed.
a) East Herons Crossing Drive: Heritage Crossing Way to the north property line,
b) East Vestige Drive: All segments
c) Ashton Street: Legacy Woods Avenue to the west property line.
7.
Construct six stub streets, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNExATION AND ZONING/HERITAGE COMMONS
(AZ-02-006)
a. North Heritage Woods Avenue is proposed to stub to the south property line
approximately 390-feet west of the east property.
b. North Heritage Green Way is proposed to stub to the south property line
approximately 1,030- feet west of the east property line.
c. East Traditions Street is proposed to stub to the west property line approximately
130-feet north of the south property line and stubbing to the west property line.
d. East Ashton Street is proposed to stub to the west property line approximately 850-
feet north of the south property line.
e. North Legacy Woods Avenue is proposed to stub to the north property line
approximately 130-feet east of the west property line.
f. North Legacy Common Avenue is proposed to stub to the north property line
approximately 420-feet east of the west property line.
8. Provide a paved temporary turnaround at the end of North Heritage Green Way and North
Legacy Woods Avenue with a temporary easement provided to the District and install a sign at the
tenninus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
Coordinate the sign plan for the stub street, and the design of the turnaround with District staff.
9. Construct East Vestige Drive intersecting Locust Grove and the north property line, as one-
half of a 36-foot street section plus I2-feet of additional pavement, with curb, gutter and 5-foot wide
concrete sidewalk within 42-feet of right-of-way, as proposed.
10. Construct five alleys within the proposed project within a minimum of I6-feet of right-of-
way, as proposed.
a. The first proposed alley is proposed to connect North Heritage Common Avenue with
North Heritage Woods Avenue.
b. The second proposed alley is proposed to connect North Heritage Woods Avenue
with North Heritage Park Way.
c. The third proposed alley is proposed to connect North Heritage Common Avenue
with North Heritage Woods Avenue.
d. The fourth and the fifth proposed alleys are proposed to connect North Heritage
Woods Avenue and North Heritage Park Way.
11. AI1y proposed landscape islands/medians within the public right-of-way dedicated by this
plat shall be owned and maintained by a homeowners association. Notes of this shall be required
on the final plat.
12.
Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District.
13.
AI1y existing irrigation facilities shall be relocated outside ofthe right-of-way.
FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/HERITAGE COMMONS
(AZ-02-006)
14. All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
IS. Other than the public streets specifically approved with this application, direct lot or parcel
access to Locust Grove Road is prohibited. Lot access restrictions, as required with this application,
shall be stated on the final plat.
16. Comply with all of ACHD's Standard Requirements listed in their report dated May 10,
2002.
Adopt the Meridian Fire Department Recommendations as follows:
1.
One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for a duration of2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart at approved locations.
2.
Operational fire hydrants and temporary or pennanent street signs are required before
combustible construction begins.
3.
Acceptance of water supply for fire protection is contingent upon acceptance of the water
system by the City of Meridian.
4.
Final approval for fire hydrant location shall be by the Meridian Fire Department.
5.
All turning radii shall be a minimum of 28' inside and 48' outside.
6.
Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
7.
The phasing plan may require that any roadway greater than ISO' in length that is not
provided with an outlet shall be required to have a turnaround.
8.
The Meridian Fire Department requests strict application of the Unifonn Building Code
for sideyard setbacks in Blocks 7, 8, II, 12 with no variances to limit the potential fire
spread from building to building in those blocks.
9.
The alleys in Blocks 7,8,11,12 be signed on each end stating "Fire Lane No Parking".
10.
The driveway leading to the two lots on E. Heron Crossing Dr. at Heritage Green Way
shall be 20' with no parking.
4.
The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real property which is the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIHERITAGE COMMONS
(AZ-02-006)
subject of the application to (R-8) Medium Density Residential 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 ofthe 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
Please take notice that this is a final action of the governing body of the City of Meridian.
Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real
property which may be adversely affected by the issuance or denial of the annexation and zoning and
who 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
J~ ,2002.
4 -16... day of
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED~
VOTED $A..-
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED~"'-"
COUNCILMAN WILLIAM L.M. NARY
VOTED -$"-"
MAYOR ROBERT D. CORRlE (TIE BREAKER)
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/HERITAGE COMMONS
(AZ-02-006)
DATED:
Þ- f-&;¿'
MOTION:
APPROVED: ~~ISAPPROVED:-
Copy served upon Applicant, the Planning and Zoning Department, Public Works D~¡¡J and
the City Attorney. ,,\\\~~\ Of ME';;;':'",
"" ~... v/. IIII
$ c} i\POD. "'-1, "-/
.:0 cP"" ~(; "
f ~ "~
ByJl~ //; ~ ~ted:
City Clerk' f
6 - 4 --0 Z-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/HERITAGE COMMONS
(AZ-02-006)