James & Karen Hollister
PARTIES: 1.
2.
REC. ORDED~~\\~I \ ..R UEST...~f \
FEE~~
99056368
".
THIS DEVELOP~INT AGj[MENT (this ;'A~~ement"), is
made and entered into this ~ day of ~ ' bTI, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and JAMES AND KAREN HOLLISTER, husband
and wife, hereinafter called "DEVELOPER", whose address is 3860 N. Locust
Grove Road, Meridian, Idaho 83642.
1.
RECITALS:
1.1
1.2
1.3
1.4
1.5
WHEREAS, "Developer" 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 fQrth 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 fe-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 11-2-416Land 11-2-4170,
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 requested a designation of R-4, Low
Density Residential, (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" will be developed and
what improvements will be made; and
DEVELOPMENT AGREEMENT-l
1.6
1.7
1.8
1.9
WHEREAS, record of the proceedings of the request for
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
WHEREAS, City Council on the 20th day of April, 1999,
approved Findings of Fact and Conclusions of Law and
Decision and Order Granting Application, a true and
correct copy of which is attached hereto as Exhibit B, and
by this reference incorporated as if set forth in full, which
is hereinafter referred to as (the "Findings"); and
WHEREAS, the "Findings" require the "Developer" enter
into a development agreement before the City Council
takes final action on annexation and zoning designation;
and
"DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at its
urging and requests; and
1.10 WHEREAS, "City" requires the "Developer" to enter into
a development agreement for the purpose 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, which terms and
conditions have been established as a result of evidence
received by the "City" in the proceedings for annexation
and zoning designation and to ensure the annexation and
zoning designation is in accordance with the
Comprehensive Plan of the City of Meridian adopted
December 21,1993, Ordinance #629, January 4,1994,
and the Zoning and Development Ordinance codified in
Title 11, Municipal Code of the City 6f Meridian.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
DEVELOPMENT AGREEMENT - 2
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.
"DEVELOPER": means and refers to James and Karen
Hollister, husband and wife, whose address is 3860 N.
Locust Grove Road, Meridian, Idaho 83642 the party
developing said "Property" and/or shall include any
subsequent owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
4.
PROPERTY USES PERMITTED BY THIS AGREEMENT:
4.1
4.2
4.3
The uses of the ""Property"" allowed pursuant to this
Agreement are those uses allowed under "City"'s Zoning
Ordinance R-4 Low Density Residential codified at Section
11-2-408 B 3_Municipal Code of the City of Meridian.
"Developer" agrees that this Agreement specifically allows
only the uses and/or conditional uses described in the
above referenced Zoning Ordinance on the date thereof
and which uses are specifically incorporated herein.
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
DEVELOPMENT AGREEMENT - 3
5. CONDITIONS GOVERNING DEVELOPMENT OF
PROPERTY:
5.1
"Developer" shall develop the "Property" in accordance
with the following special conditions:
5.1.1 "Developer" shall obtain and comply with all "City"
ordinances regulating and providing for building
permits and other life safety codes.
5.1.2 The instant application provides that a subdivision
is proposed on the subject parcel; however, the
subject parcel does not have adequate public street
frontage on Locust Grove. Applicants have not
submitted any plans to further subdivide the subject
parcel at this time. Applicants received approval for
a private drive from Ada County. Applicants are
advised that they will not be able to subdivide the
subject "Property" until such time as a public street
is stubbed to the boundary, possibly from the east.
5.1.3 Sanitary sewer serviceability to the proposed site is
questionable since the parcel is on the fringe of the
service area of existing mains. Applicants' engineer
shall verify the feasibility of service.
5.1.4 Water service to the subject parcel could be
extended from the existing main located in Locust
Grove Road.
5.1.5 Any existing irrigation/drainage ditches crossing or
adjacent to the subject "Property" shall be tiled per
City Ordinance 11-9-605.M. The ditches to be
piped shall be designated on the site plans. Plans
shall be subject to approval by the appropriate
irrigation/drainage district, or lateral users
association, with written confirmation of said
approval submitted to the Public Works
Department. No variances have been requested for
tiling of any ditches crossing this project. The
provisions of this requirement shall not apply for the
limited purpose of the construction of the proposed
DEVELOPMENT AGREEMENT - 4
roadway but shall apply if there is additional
development of the subject real "Property" other
than ordinary maintenance and replacement of
existing improvements.
5.1.6 Any existing domestic wells and/or septic systems
within the subject "Property" shall be removed from
their domestic service per City Ordinance Section 5-
7-5 17. Wells may be used for non-domestic
purposes such as landscape irrigation.
5.1.7 Well No. 18 will need to be in service prior to
allowing any more development in the subject
pressure zone.
5.1.8 Applicants shall submit plans prior to relocation of
the proposed private drive.
5.1.9 In the event that the proposed private drive is not
paved, Applicants shall provide adequate dust
abatement.
6. INSPECTION: "Developer" shall, immediately upon completion
of any improvements or portions thereof, notify the City Engineer and request
the City Engineer's inspections and written approval of such completed
improvements or portions thereof in accordance with the terms and conditions
of this Development Agreement and all other ordinances of the "City" that
apply to said Development.
7.
DEFAULT:
7.1
The "Developer", "Developer"'s heirs, successors, assigns,
or subsequent owners of the "Property" or any other
person acquiring an interest in the "Property" are in
default of this agreement when the same fail to faithfully
comply with any and all of the terms and conditions
included in this Agreement in connection with the use
and/or development of the "Property".
7.2
A waiver by "City" of any default by "Developer" of any
one or more of the covenants or conditions hereof shall
apply solely to the default waived and shall not bar any
DEVELOPMENT AGREEMENT - 5
other rights or remedies of "City" or apply to any
subsequent default of any such or other covenants and
conditions of this agreement.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
8.1
9. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer"'S cost, and submit proof of such recording to
"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.
10. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as R-4 Low Density Residential codified at Section 11-2-408 B 3
Municipal Code of the City of Meridian.
II. REMEDIES: In addition to those matters governed under the
section of this Agreement entitled "Compliance Period/Consent to Rezone"
this Agreement shall be enforceable in any court of competent jurisdiction by
either "City" or "Developer", or by any successor or successors in title or by
the assigns of the parties hereto. Enforcement may be sought by an
DEVELOPMENT AGREEMENT - 6
appropriate action at law or in equity to secure the specific performance of the
covenants, agreements, conditions, and obligations contained herein.
11.1 In the event of a material breach of this Agreement, the
parties agree that "City" 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 (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 within
such failure may be cured shall be extended for such period
as may be necessary to complete the curing of the same
with diligence and continuity.
11.2 In the event the performance of any covenant to be
performed hereunder by either "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.
12. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under 11-9-606 C ofthe Revised and Compiled
Ordinances of the City of Meridian, to insure that installation of the
improvements, and the "Developer" agrees to provide such, if required by the 1) 1f',vL v
"City". ./J-r¡:,/t /t'yIv-r/)/¡j) /k5-~
£'j,tffr'
13. CERTIFICATE OF OCCUPANCy:.tIThe "Developer" agrees,~
that no Certificates of Occupancy will be issued until all improvements are ¡;ß; .. .
completed, unless the "City" and "Developer" have entered into an addendum' L
agreement stating when the improvements will be completed in a phased jVi. J I
developed; and any event, no Certificates of Occupancy shall be issued in any ¡¿L.ïr"
phase in which the improvements have not been installed, completed, and
accepted by the "City".
14. ABIDE BY ALL CITY ORDINANCES: That "Developer"
agrees to abide by all ordinances of the City of Meridian and the "Property"
DEVELOPMENT AGREEMENT - 7
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.
15. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
DEVELOPER:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
James and Karen Hollister
3860 N. Locust Grove Road
Meridian, Idaho 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
15.1 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.
16. 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.
17. 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
DEVELOPMENT AGREEMENT - 8
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
18. 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 each other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation ofthe "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.
19. TERMINATION OF AGREEMENT: "City" agrees, upon
written request of "Developer", to execute appropriate and recordable evidence
of termination of this Agreement if "City", in its sole and reasonable
discretion, determines 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 that the "Developer" has fully
performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised therefrom this Agreement and the invalidity thereof shall
not affect any of the other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, amendments, conditions and understandings
between "Developer" and "City" relative to the subject matter hereof, and
there are no promises, agreements, conditions or understandings, either oral or
written, express or implied, between "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 resolution of City Council.
21.1 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
DEVELOPMENTAGREEMENT-9
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall
be effective on the date the Meridian City Council shall adopt the amendment
to the Meridian Zoning Ordinance in connection with the annexation and
zoning of the "Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT - 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
Attest:
~uU-
~~
BY RESOLUTION NO.-
Attest:
Á/&~9-
CITY CLERI( ~ l'
BY RESOLUTION NO. 2-'Z-fJ
CITY OF MERIDIAN
ey/Z:\Work\M\Meridian I 5360M\Hollister. J&I<illevAgmt
DEVELOPMENT AGREEMENT - 11
STATE OF IDAHO
:ss
COUNTY OF ADA)
On this ~ day of ~ ' in the year 1999, before
me, a Notary ubhc, personally appeared James R.
Hollister d Karen Hollister, husband and wife, known or identified to me to be
the persons who executed the instrument and acknowledge to me having executed
the same.
"-"""""""
,,~"~O~L L. .,~~
f:' ~;-'¡"-~( > \,
f l ~OTÅJl.r \
ã 6GVt)-.- * i
\. \ .ÞUBL\C Ir/::
" <1';. ~¿o
"#, <1'l'Þ ...nt.~
~#..'" OF ~.. ..
".......11' J
Not Public for Idaho
Commission expires: I'D/IS/ ().r:x::t)-.
STATE OF IDAHO
:ss
County of Ada I ðY 1m
On this - d... day of ~' in the year l.Ðj
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the
City of Meridian, who executed the instrument or the person that executed the
instrument of behalf of said City, and acknowledged to me that such City
executed the same.
...,..........~
~....~(;~L L. 8#.:1-
J' ~;- ~_.~;p
rs~OT~l- '\
: * : -.- * 5
\ \. .ÞUBL~C I J
~ø. 0"
"# ~ "'..-- ~ "þ~
"00 'l'¡¡ OF \1>t.,-
"o""""",""'~
Notary ublic for Idaho.
CommIssion expires: I D/IS/;)[:l:JJ-
DEVELOPMENT AGREEMENT - 12
Legal Description Of Propert;y
DEVELOPMENT AGREEMENT - 13
EXHIBIT A
EXHIBIT "An
A parcel of land located in the SW 1/4 of Section 32, Township 4 Noah.
Range I East, of the Boise Meridian, Ada County, Idaho, being more
paaicularly described as follows;
Commencing at the NW comer of the SW l!4 (West l!4 corner) of Section
32, T. 4N., R. lE., B.M., thence S 0°00'11" E 957.12 feet along the west lane
of said Section 32 to the REAL POINT OF BEGINNING of this description:
Thence N 89°50'05" E 1386.36 feet to a point;
Thence N 0000'5ï" W 225.95 feet to a point;
Thence N 89°48'44" E 604.48 feet to a point on the east line of said W '/2:
Thence S 0°01'20" E 59ï. 78 feet to the SE corner of the W l!2 of the NE l!4
Of the SWl/4 of said Section 32:
Thence S 89°48'44" W 663.66 feet to the SW corner of the NE 114 of the SW
114 of said Section 32;
Thence N 0000'5T' W 331.85 feet to a point:
Thence S 89°50'05" W 132ï.25 feet to a point on the west line of said Section
32;
Thence N 0°00' 11" W 40.00 feet to the REAL POINT OF BEGINNING of
this description.
This parcel contains 10.02 acres, more or less, and is subjeCt to all existing
easement5 and rights-of-way.
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - 14
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF JAMES AND
KAREN HOLLISTER, THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 10.02 ACRES
Case No. AZ-98-106
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 March16, 1999, and continued until April 6, 1999, at the hour
of 7:30 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, and the
Applicant's representative, Stilman Anderson, architect, for James and Karen
Hollister, having appeared and testified, and Tom Davis appeared and testified as an
affected property owner and the City Council having duly consìdered 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 AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
FINDINGS OF FACT
1.
The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for March 16, 1999, and continued until April 6, 1999, before the City
Council, the first publication appearing and written notice having been mailed to
property owners or purchasers of record within three hundred (300') feet of the
external boundaries of the property under consideration more than fifteen (15) days
prior to said hearing and with the notice of public hearing having been posted upon
the property under consideration more than one week before said hearing; and that
copies of all notices were made available to newspaper, radio and television stations
as public service announcements; and the matter having been duly considered by the
City Council at the March 16, 1999, and continued until April 6, 1999, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2.
There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A,
Municipal Code of the City of Meridian.
3.
The City Council talœs judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
JAMES AND KAREN HOLLISTER
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994,
and maps and the ordinance Establishing the Impact Area Boundary.
4.
The property is approximately 10.02 acres in size. The property is
generally located east of Locust Grove Road, between Ustick and McMillan Road just
north of the Summerfield Subdivision. The property is designated as Yukon
Subdivision.
5.
The owners of record of the subject property are James R. Hollister and
Karen L. Hollister, of 3860 N. Locust Grove Road, Meridian, Idaho.
6.
Applicants are the record owners of the property and filed a written
request for annexation and zoning.
7.
The property is presently zoned by Ada County as Rural Transition
(RT), and consists of undeveloped, open land with a single residence.
8.
The Applicants request the property be zoned as Low Density
Residential (R-4).
9.
The proposed site of the subject property is located on the east side of
Locust Grove Road between Ustick Road and McMillan Road, north of the
Summerfield Subdivision.
10.
The subject property is bordered to the north by land owned by the
Meridian Joint School District No.2 and the Heritage Subdivision and by
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
JAMES AND KAREN HOLLISTER
undeveloped land to the east and west. The city limits of the City of Meridian are
adjacent and abut to the south of the subject property.
11.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian,
12,
The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
13.
The Applicant proposes to develop the subject property in the following
manner: Construct a private drive back to the existing residence with no other
specific plans for development of the subject property.
14.
Applicants' requested zoning of the subject real property as Low Density
Residential (R-4) is consistent with the current designation on the Meridian
Comprehensive Plan Generalized Land Use Map which designates the subject
property as Single Family Residential.
15.
There are no significant or scenic features of major importance that
affect the consideration of this application.
16.
The land within the proposed annexation area is contiguous to the
present city limits of the City of Meridian, and the annexation would not be a
shoestring annexation.
17.
The property which is the subject of this application is within the Area
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
JAMES AND KAREN HOLLISTER
of Impact of the City of Meridian.
18.
The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
19.
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 Planning and Zoning Administrator and Assistant City
Engineer Recommendations as follows:
19.1 The instant application is being filed separately from the application
filed by the Meridian School District. However, the two applications
are for contiguous parcels. The Applicants must submit a legal
description which meets the requirements of the City of Meridian and
the Idaho State Tax Commission.
19.2 The instant application provides that a subdivision is proposed on the
subject parcel; however, the subject parcel does not have adequate
public street frontage on Locust Grove. Applicants have not submitted
any plans to further subdivide the subject parcel at this time,
Applicants received approval for a private drive from Ada County.
Applicants are advised that they will not be able to subdivide the
subject property until such time as a public street is stubbed to the
boundary, possibly from the east.
19.3 Sanitary sewer serviceability to the proposed site is questionable since
the parcel is on the fringe of the service area of existing mains.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
JAMES AND KAREN HOLLISTER
Applicants' engineer shall verify the feasibility of service.
19.4 Water service to the subject parcel could be extended from the existing
main located in Locust Grove Road.
19.5 Any existing irrigation/drainage ditches crossing or adjacent to the
subject property shall be tiled per City Ordinance 11-9-605.M. The
ditches to be piped shall be designated on the site plans. Plans shall be
subject to approval by the appropriate irrigation/drainage district, or
lateral users association, with written confirmation of said approval
submitted to the Public Works Department. No variances have been
requested for tiling of any ditches crossing this project. The provisions
of this requirement shall not apply for the limited purpose of the
construction of the proposed roadway but shall apply if there is
additional development of the subject real property other than ordinary
maintenance and replacement of existing improvements.
19.6 Any existing domestic wells and/or septic systems within the subject
property shall be removed from their domestic service per City
Ordinance Section 5- 7 -5 17. Wells may be used for non-domestic
purposes such as landscape irrigation.
Adopt the Water Department Recommendations as follows:
19.7 Well No. 18 will need to be in service prior to allowing any more
development in the subject pressure zone.
The Planning and Zoning Commission further advises:
19.8 Applicants shall submit plans prior to relocation of the proposed private
drive.
19.9 In the event that the proposed private drive is not paved, Applicants
shall provide adequate dust abatement.
20.
Due to a neighboring application for annexation and zoning, the parcel
to the north of the subject parcel by the Joint School District No.2, and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
JAMES AND KAREN HOLLISTER
requirements for landscaping associated with that development request, and due to
its proximity to the applicant's proposed private driveway, there is no need to require
that applicants provide a five foot minimum buffer planting strip between the
existing subdivision and the proposed private drive as was recommended by Planning
and Zoning.
21.
Mr. Tom Davis expressed concern over trash blowing onto his
agricultural fields from the subject property and requested fencing of the eastern
boundary but the Council finds that due to the fact that no development is
anticipated other than a driveway, that no such fencing shall be required.
22.
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. 19, and all
subparts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
23.
It is found that the following are development considerations which
must be taken into account, in order to assure the proposed development is designed,
constructed, operated and maintained in a manner which is harmonious and
appropriate in appearance with the existing, or intended character of the general
vicinity, in order to assure that the proposed use will not change the essential
character of the affected vicinity and will insure that the proposed uses will not be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
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 odòrs:
23.8 Applicants shall submit plans prior to relocation of the proposed private
drive.
23.9 In the event that the proposed private drive is not paved, Applicants
shall provide adequate dust abatement.
24.
The development of the property as a (R-4) Low Density Residential, as
requested by the Applicant, will be compatible to the development in the surrounding
area subject to the conditions of development herein found to be reasonable in
relation to the requested zone (R-4) Low Density Residential District and is
accordance with the adoptive Comprehensive Plan of the City of Meridian.
25.
There are no major or scenic features of major importance that affect
the consideration of this application.
26.
The subject annexation request and zoning designation and proposed
development relates to the goals and policies of the Comprehensive plan of the City
as follows;
26.1 Under the section entitled "Foreward" Goals of the Comprehensive Plan,
Goal no. 2 at page 5; and
26.2 Under the section entitled "Land Use" Land Use Goal Statement §§ 1.3
and 2.5U at page 23, and facilitate the inclusion within the City of
Impact Area to avoid checkerboard type annexation in this region of the
City's Impact Area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ .
JAMES AND KAREN HOLLISTER
27.
The property can be physically serviced with City water and sewer, if
applicant extends the lines.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-
2-417 provides the City may annex real property that is within the Meridian Urban
Service Planning Area as set forth in the City's Comprehensive Plan.
2.
The Commission may talce 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
4.1
Under the section entitled "Foreward" Goals of the Comprehensive Plan,
Goal no. 2 at page 5; and
4.2
Under the section entitled "Land Use" Land Use Goal Statement §§ 1.3
and 2.5U at page 23, and facilitate the inclusion within the City of
Impact Area to avoid checkerboard type annexation in this region of the
City's Impact Area.
5.
The requested zoning of Low Density Residential, (R-4) is defined in
the Zoning Ordinance at 11-2-408 B. 3. as follows:
(R-4) Low Density Residential District: Only single-family dwellings shall be
permitted and no conditional uses shall be permitted except for Planned
Residential Development and public schools. The purpose of the (R-4)
District is to permit the establishment of low density single-family dwellings,
and to delineate those areas where predominately residential development has,
or is likely to occur in accord with the Comprehensive Plan of the City, and to
protect the integrity of residential areas by prohibiting the intrusion of
incompatible non-residential uses. The (R-4) District allows for a maximum of
four (4) dwelling units per acre and requires connection to the Municipal
Water and Sewer systems of the City of Meridian.
6.
Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. 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 11-9-616 which pertains to development time schedules and requirements;
Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B
14., which pertains to pressurized irrigation systems.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING /
JAMES AND KAREN HOLLISTER
8.
The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
JAMES AND KAREN HOLLISTER
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. This application is for annexation and zoning of 10.02 acres located on
the east side of Locust Grove Road, between Ustick and McMillan Roads, just north
of Summerfield Subdivision, Meridian, Idaho. The legal description shall be prepared
by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to
all the provisions of the City of Meridian Resolution No. 158. The legal description
for annexation must place this parcel contiguous to the Corporate City Limits per
Ordinance No. 686.
2. That the City Attorney shall prepare for consideration by the City
Council the appropriate ordinance for the annexation and zoning designation. (R-4)
Low Density Residential Ordinance shall not be finally approved by the City Council
until provisions of part I of this order have been met; and
3. The instant application is being filed separately from the application
filed by the Meridian School District. However, the two applications are for
contiguous parcels. The Applicants .must submit a legal description which meets the
requirements of the City of Meridian and the Idaho State Tax Commission,
4. Developer enter into a Development Agreement, that provides in the
event the conditions therein 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:
4.1
The instant application provides that a subdivision is proposed on the
subject parcel; however, the subject parcel does not have adequate
public street frontage on Locust Grove, Applicants have not submitted
any plans to further subdivide the subject parcel at this time.
Applicants received approval for a private drive from Ada County.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
JAMES AND KAREN HOLLISTER
4.2
4.3
4.5
4.6
4.7
4.8
4.9
Applicants are advised that they will not be able to subdivide the
subject property until such time as a public street is stubbed to the
boundary, possibly from the east.
Sanitary sewer serviceability to the proposed site is questionable since
the parcel is on the fringe of the service area of existing mains.
Applicants' engineer shall verify the feasibility of service.
Water service to the subject parcel could be extended from the existing
main located in Locust Grove Road.
Any existing irrigation/drainage ditches crossing or adjacent to the
subject property shall be tiled per City Ordinance 11-9-605.M. The
ditches to be piped shall be designated on the site plans. Plans shall be
subject to approval by the appropriate irrigation/drainage district, or
lateral users association, with written confirmation of said approval
submitted to the Public Works Department. No variances have been
requested for tiling of any ditches crossing this project. The provisions
of this requirement shall not apply for the limited purpose of the
construction of the proposed roadway but shall apply if there is
additional development of the subject real property other ordinary
maintenance and replacement of existing improvements.
Any existing domestic wells and/or septic systems within the subject
property shall be removed from their domestic service per City
Ordinance Section 5-7-5 17. Wells may be used for non-domestic
purposes such as landscape irrigation.
Well No. 18 will need to be in service prior to allowing any more
development in the subject pressure zone.
Applicants shall submit plans prior to relocation of the proposed private
drive.
In the event that the proposed private drive is not paved, Applicants
shall provide adequate dust abatement.
4.10 Applicants shall submit plans prior to relocation of the proposed private
drive.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
JAMES AND KAREN HOLLISTER
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 April 6, 1999.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTEDr
COUNCILMAN KEITH BIRD
VOTED ~
COUNCILMAN GLENN BENTLEY
VOTED~
COUNCILMAN CHARLIE ROUNTREE
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: Y} 7-ò /9'
, (
VOTED -
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
JAMES AND KAREN HOLLISTER
MOTION:
APPROVED:~
DISAPPROVED:-
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
Dated:
/--UJ--f9
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
JAMES AND KAREN HOLLISTER