Dakota Ridge Estates Subdivision
PARTIES: 1.
2.
AM COUNTY Rf;C9~R
. J. DAVID HAVA""",
~'1I$r. IDAHO
DEVELOPMENT AGREEMENT
1999JL-8 PH 1:31
City of Meridian
Steiner Development, LLc.
RECORDED.R~UESTOF
~.
FE~ ~EPUTY .
31lï9906111t I
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this 6-11< day of ..;red'", , ¡qqq, by and
between CITY OF MERIDIAN, a municipal corPoration of the State of Idaho,
hereafter called "CITY", and STEINER DEVELOPMENT, LLc., hereinafter
called "DEVELOPER", whose address is 554 Bellevue Rod, Suite B, Atwater,
California 95301.
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 forth in
full, herein after referred to as the "Property"; and
WHEREAS, r.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 11-2-416L and 11-2-417D,
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 Low Density
Residential District (R-4), 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 - 1
1.6
1.7
1.8
1.9
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 '7 f!:.. day of dcÆM.,
1994-, 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 "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 aclæowledges 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 of ensuring that
the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions
of this development agreement, herein being established as
a result of evidence received by the "City" in the
proceedings for annexation and zoning designation 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 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
of Meridian.
DEVELOPMENT AGREEMENT - 2
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.
"DEVELOPER": means and refers to Steiner
Development, LLC, whose address is 554 E. Bellevue Rd.,
Suite B, Atwater, California 95301, the party developing
said "Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", 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 Section 11-2-408 B 3. Meridian City Code
which are herein specified 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
DEVELOPMENT AGREEMENT - 3
predominately residential development has, or is likely to
occur in accord with the Comprehensive Plan of the City,
and to protect the integrity of the 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.
4.2
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
5.1
"Developer" shall develop the "Property" in accordance
with the following special conditions, which conditions
have been taken from the Findings of Fact and Conclusions
of Law approved in 1994, and which are attached hereto
as Exhibit "B":
5 .1.1 That the development of annexed land must meet
and comply with the Ordinances of the City of
Meridian and in particular Section 11-9-616, which
pertains to development time schedules and
requirements, Section 11-9-605 M., which pertains
to the tiling of ditches and water ways, and Section
11-9-606 B 14, which pertains to pressurized
irrigation; that the Applicant will be required to
connect to Meridian water and sewer; that the
development of the property shall be subject to and
controlled by the Subdivision and Development
Ordinance; that, as a condition of annexation the
Applicant shall be required to enter into a
development agreement as authorized by 11-2-416 L
and 11-2-417 D; that the development agreement
shall address the inclusion into the subdivision of
the requirements of 11-9-605 C, G, H 2, K, Land
prior comments of the previous Planning Director,
Wayne Forrey, relating to the lack of adequate
recreation facilities and that land set aside for a
future park would be desirable, that the City is in
DEVELOPMENT AGREEMENT - 4
need ofland set-asides for future public service use,
that a school site was not reserved; that the
development agreement shall, as a condition of
annexation, require that the Applicant, or if
required, any assigns, heirs, executors or personal
representatives, pay, when required, any
development fee or transfer fee adopted by the City;
that there shall be no annexation until the
requirements of this paragraph are met or, if
necessary, the property shall be subject to de-
annexation and loss of City services, if the
requirements of this paragraph are not met.
5.1.2 That the requirements of the Meridian City
Engineer, including those he specifically stated in his
comments and those stated herein in these Findings
and Conclusions and at the public hearing, and of
the Ada County Highway District, if submitted,
Nampa & Meridian Irrigation District, Meridian
Fire Department, Idaho Power, and the prior
comments of the Meridian Planning Director
referenced herein, shall be met and addressed in a
development agreement.
5.1.3 That all ditches, canals, and waterways shall be tiled
as a condition of annexation and if not so tiled the
property shall be subject to de-annexation and if not
so tiled the property shall be subject to de-
annexation; that the Applicant shall be required to
install a pressurized irrigation system, and if not so
done the property shall be subject to de-annexation.
5.1.4 The Applicant will be required to connect to
Meridian water and sewer and resolve how the water
and sewer mains will serve the land; that the
development of the property shall be subject to and
controlled by the Subdivision and Development
Ordinance; that, as a condition of annexation, the
Applicant shall be required to enter into a
development agreement as authorized by 11-2-416 L
and 11-2-4I7 D; that the development agreement
shall address the inclusion into the subdivision of
the requirements of 11-9-605 C, G 1, H 2, K, L;
DEVELOPMENTAGREEMENT-5
that the development agreement shall, as a
condition of annexation, require that the Applicant,
or if required, any assigns, heirs, executors or
personal representatives, pay, when required, any
impact, development, or transfer fee, adopted by the
City; that there shall be no annexation until the
requirements of this paragraph are met or, if
necessary, the property shall be subject to de-
annexation and loss of City services, if the
requirements of this paragraph are not met.
5.1.5 The house size representation of 1,500 square feet
must be met.
5.1.6 That proper and adequate access to the property is
available and will have to be maintained.
5. 1.1 7 That these conditions shall run with the land and
bind the applicant and its assigns.
5.1. 1 8 With compliance of the conditions contained
herein, the annexation and zoning of R-4
Residential would be in the best interest of the City
of Meridian.
5. 1. 1 9 That if these conditions of approval are not met that
property shall be subject to de-annexation.
6. 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 "Developer" or
"Developer"'s heirs, successors, assigns, to comply with Section 6 entitled
"Conditions Governing Development of subject "Property" of this agreement
within two (2) years of the date this Agreement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in I.c.
§ 67-6509, or any subsequent amendments or recodifications thereof.
DEVELOPMENT AGREEMENT - 6
7. 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:
7.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Developer" and if the
"Developer" fails to cure such failure within six (6) months
of such notice.
8. INSPECTION: "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.
9.
DEFAULT:
9.1
9.2
In the event "Developer", "Developer"'s heirs, successors,
assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to
faithfully comply with all of the terms and conditions
included in this Agreement in connection with the
"Property", this Agreement may be modified or terminated
by the "City" upon compliance with the requirements of
the Zoning Ordinance.
A waiver by "City" of any default by "Developer" 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 other rights or remedies of "City" or apply to
any subsequent breach of any such or other covenants and
conditions.
10. 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
DEVELOPMENT AGREEMENT - 7
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.
11. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
12. REMEDIES: 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 appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein.
12.1 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 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.
12.2 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.
13. 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 of the Meridian City Code, to
DEVELOPMENT AGREEMENT - 8
insure that installation of the improvements, which the "Developer" agrees to
provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees
that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" 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".
15. ABIDE BY ALL CITY ORDINANCES: That "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.
16. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Steiner Development, LLc.
554 E. Bellevue Rd., Suite B
Atwater, California 95301
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
16.1 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.
DEVELOPMENTAGREEMENT-9
17. 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.
18. TIME IS OF THE ESSENCE: The parties hereto aclæowledge
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.
19. 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 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. "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,
had determined that "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 from 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, condition and understandings between "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 "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
DEVELOPMENT AGREEMENT - 10
their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
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
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 Cleric
DEVELOPMENT AGREEMENT - 11
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
BY~~~
Developer
Attest:
~~~,
CITY OF MERIDIAN
Attest:
ey/Z,\Work\M\Meridian 15360M\Dakota PlatIDevelopAgr
DEVELOPMENT AGREEMENT - 12
STATE OF IDAHO)
:ss
COUNTY OF ADA)
&-
On "", K day of F ' in w Y"'" 999. b,fore
~~~ 0',,>, Public. p",oMlly 'pp""d
..< , known or identified to me to
the Presid t......-an Secretary of said Steiner Corporation, LLc. and who
executed the instrument and acknowledge to me that said Steiner Corporation,
LLc. executed the same.
(SEAL)
~~ßð~£/~
Nota ublic for I aho
Commission expires: //- 041-,;2ðô3
STATE OF IDAHO
:ss
County of Ada j,. A. A .
On this ð' day of ~ ' in the year .f!J3!j
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg, læow 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.
~"""U"""'"
,"-:O~L L. 91/!~
I ";'-."-."';:<1' \
(,EÞL)~OTAltr \ \
: * ! -.- i * æ
.. C:.
\ ~. PUB1.;\' l ¡¡
\ <1'»".. .. C ¡
~~~ "'1' .-.." ~~ ,
~~~.., 'l! OF \~ ~.,*'
-,..........",
Not Public for Idaho
Commission expires: ¡crIS!:lW
EXHIBIT A
DEVELOPMENT AGREEMENT - 13
~~9~
~_..
~ 62 Cf7dG-'<;C:-~/'
'7//4./
..r
//071
a(--5'~ -;J€,t..¿:r
-¡-
S-G"C'
ó.?
SrG /A~(;~ áJ,ç(/GCO""/I76<~~ Ir-rc.
#'-
0/4 / PC;
Legal Description Of Property
DEVELOPMENT AGREEMENT. 14
EXHIBIT A
-. --
¡
Commencing at the northwest comer oÎ Government Lot 2 (north 1/4 comer) oÎ Section 3, T.
3N., R. lW., B.M., thence S 0°27'37" W 25.00 Îeet to a point on the southeriy right-oÎ-way oÎ
Ustick Road, the REAL POINT OF BEGINN1NG oÎthis description;
Thence S 89°06'21" E 1,320.42 feet along said right-oÎ-way to a point on the east line oÎ said
Government Lot 2;
Thence S 0°26'04" W 1,342.08 feet to the southeast comer of said Government Lot 2;
Thence N 89°01'50" W ï71.04 feet along the south line oÎ said lot to the southeast comer of a
proposed school site:
along the boundary oÎ said proposed school site the following;
Tnence N 0°58'10" E 61.07 feetto a point;
Tnence N 0°00'00" E 347.57 feet to a point;
Thence N 17°00'00" E 108.69 feet to a point;
Thence N 0°53'39" E 254.00 feet to a point;
Tnence N 74°57'26" W 111.04 feet to a point;
Thence N 47°00'00" W 339.34 feet to a point;
Thence N 89°32'23" W 223.11 feet to a point on the west line of said Lot 2;
Thence N 0°27'37" E 321.03 feet to the REAL POINT OF BEGINNING of this description.
this proposed subàivision comprising 28.64 acres, more or less.
EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY FOR DEVELOPMENT AGREEMENT
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - 15
rc5'~lr
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
A VENUE ONE
ANNEXATION AND ZONING
A PORTION OF THE NW 1/4 NE 1/4,
SECTION 3, T. 3N.. R. 1W.. B.M.
DAKOTA RIDGE ESTATES
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on April 12, 1994, at the hour of 7:30
o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho
Street, Meridian,
Idaho, and the Planning and Zoning Commission
having heard and taken oral and written testimony and the Applicant
appearing through David Roylance, and having duly considered the
matter, the Planning and Zoning commission makes the following:
FINDINGS OF FACT
1. That notice of public hearing on the annexation and zoning
was published for two
(2 )
consecutive weeks prior to the said
public hearing scheduled for April 12, 1994, the first publication
of which was fifteen
(15) days prior to said hearing; that the
matter was duly considered at the April 12, 199.4, hearing; that the
public was given full opportunity to express ccrnmen~s and submit
e'J'idence;
and
that
copies
of
all
notices
',.¡ere
available
to
newspaper, radio and television stations.
2.
That
the
proper-;;y
included
in
the
application
for
annexation and zoning is described in the application, and by this
reference
is
incorporated
herein;
that
the
property
is
approximately 41.57 acres in size; the property is west of Ten Mile
Road on Ustick Road.
3.
That the prop"rty is presently zoned by Ada County as
(RT)
Rural
Transition
and
the
proposed
use
would
be
for
R-4,
Residential type develo?!.,...;' ¡
'that
the Applicant
states
in ~is
Subdivision application that the lots would be 8,000 square feet,
that there would be 135 lots in the proposed subdivision; that the
Applicant in its subdivision application states that the minimum
square footage of home would be 1,500 square feet, that there would
be
3.25
lots
per acre,
that there would only be
single
family
homes,
that
all
lots
would
be
8,000
square
feet,
and
that
sprinkling systems are provided for.
4, .
The
general
area
surrounding
the
property
is
used
agriculturally and residentially; that the residential property is
developed in the R-4" Residential fashion.
5.
That the property is adjacent and abutting to the present
City limits.
6 .
The Applicant is not the owner of record of the property,
but t~e owners are Leonard A. Ashenbrenner and Nadine Ashenbrenner;
that the Ashenbrenners have not submitted a request or consent to
this Application for annexation and zoning.
7.
That the property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
8.
That the enti=e parcel of ground is included within the
Meridian Urban Service Planning Area as the Urban Service Planning
Area is defined in the Meridian Comprehensive Plan.
9.
That the Application requests that the parcel be annexed
and zoned R-4 Residential; that the present use of the property is
for agriculture; that the intended development of the property is
for an R-4 subdivision and the subdivision Application states the
density would be approximately 3.25 dwelling units per acre.
10.
The Applicant's representative addressed the questions of
Gary
Smith,
City Engineer,
and such responses
are incorporated
herein as if set forth in full as are the comments of Gary Smith.
11.
That
comments were received from the Meridian Police
Department, Fire Department, Meridian School District, Ada County
Street Name CoIIIIIIÌttee, C,mtral District Health Department, Nampa &
Meridian Irrigation District, and Idaho Power Company; that there
comments are incorporated herein as if set forth in full.
12.
There were two people testifying at the hearing; Beverly
McKay was concerned abou~ the traffic an Ustick Road; Gar"j Johnson
did not abject but wanted it an the record that he has a family
farm in the area and t:c.at from the farm there is dust and they
apply sprays, which could be objectionable, and he just wanted the
people to know that they did those types of things.
That the property is shown on the Meridian Comprehensive
plan as being in a Single Family Residential area.
13.
14.
That in the Rural Area section of the Comprehensive Plan,
Land Use,
Rural Areas,
Section 6.3,
it does state that land in
agric'-11tural activity should so remain in agric'-1ltural ac'tivity
until urban ser"vices can be provided.
15.
That
Meridian has,
and is,
experiencing
a population
inc:::-ease;
that
there are pressures
on land prev'i.ously used for
agricultural uses
to
be developed into residential
subdivision
lots.
16.
That the property can be physically serviced with City
water and sewer.
17.
That the R-4, Residential District is described in the
Zoning Ordinance,
11-2. :,r:'" r. 3 as follows:
(R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of
the (R-4) District is to permit the establishment of low
density single-family dwellings, and to delineate those
areas where predominantly residential development has, or
is likely to occur in accord with the Comprehensive Plan
or 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) dwellings units per acre and requires
connection to the Municipal Water and Sewer systems of
the City of Meridian.";
that the R-4 zoning district requires a minimum of 1,400 square
feet to be included in houses in that zone.
18.
That the Meridian Comprehensive Plan,
under Land Use,
Residential Policies, 2.1U states as follows:
"Support a variety of residential categories (urban, rural,
single-family, multi-family, tmvnhouses, atJartments,
condominiums, etc.) for the purpose of providing thë City with
a range of affordable housing opportunities."
19.
That the Meridian Comprehensive Plan,
under Land Use,
Rural'Areas, 6.3 c., it states as follows:
"Within the Urban Service Planning Area development may occur
in densities as law as 3 dwellings per acre if physical
connection is made to existing City of Meridian "vater and
sewer service and the property is platted and subdivided.
20.
That the Meridian Comprehensi-Te Plan,
under Land Use,
Rural Areas, 6.4, it states as follows:
"Residential de-Teloarnent is allowed Ül the rural area orovided
that said developmënt does not exceed the Rural Residential
Agricultural density, unless it is inside the Ur~an Se~TicE
Planning Area and City sewer and water is provided, then Low,
Medium and High density residential may be considered. All
residential development must also comply with, the other
appropriate sections of this plan."
21.
That
the
Meridian
Comprehensive
Plan,
under
Housing,
Housing Policies, at page 66, it states as follows:
"1.1 The City of Meridian intends to provide for a wide
divel:bity of housing types (single-fa!!',.:' 1y, modular, mobile
homes, multi-family, townhouses arrangements),
"1.3 An open housing market for all persons, regardless of
race, sex, age, religion or ethnic background."
"1.4 The development of housing for all income groups close
to employment and shopping centers should be enc:::¡uraged."
22.
That
there
is
a
population
influx
into
the
City
of
Meridian at the present time which has been going on for some time
and is likely to continue; that the land is relatively close to
Meridian
and
economic
conditions
are
making
it
difficult
to
c:::¡ntinue farming in the area.
23.
That the City Engineer has previously submitted comment
in
different
applications that a determination of ground water
level and subsurface soil conditions should be made; that such a
comment is equally applicable to this Application.
24.
That in prior requests for annexation and zoning in this
area
the
previous
Zoning
Administrator
has
commented
that
annexation
could
be
c:::¡nditioned
on
a
development
agreement
including an impact fee to help acquire a future school or park
site to serve the area and that annexations should be subject to
impact fees for park, police, and fire services as dete=ined by
the city and designated in an approved development agreement; that
such comment is equally applicable to this Application.
25.
The Meridian School District submitted comment and such
is incorporated herein as if set forth in full;
its comment was
that there is no excess capacity in the schools of the District and
that residents
of
the
new subdivision CQuld not
be
assured of
attending the neighborhood schools; the School District asked for
support for a development fee or a transfer feE ~o help offset the
costs of building additional schools.
26.
That
in
1992
the
Idaho
State
Legislature
passed
amendments to the Local Planning Act, which in 6ï-6513 Idaho Code,
relating to subdivision ordinances, states as follows:
"Each such ordinance may provide for mitigation of the effects
of subdivision development on the ability of political
subdivisions of the state, including school districts, to
deliver services without compromising quality of service
delivery to current residents or imposing substantial
additional costs upon current residents to accommodate the
subdivision." i .
that
the
City
of
Meridian
is
concerned
with
the
increase
in
population that is occurring and with its impact on the City being
able to provide fire, police, emergency health care, water, sewer,
parks and recreation services to its current residents and to those
moving into the City; the City is also concerned that the increase
in
population
is
burdening the
schools
of
the
Meridian
School
District
which
provide
school
service
to
current
and
future
residents of the City;
that the City knows that the increase in
population does not sufficiently increase the tax base to offset
the cost of providing fire, police, emergency health care, water,
se',er, parks and recreation serTices¡ and the City knows that the
increase in population does not provide
sufficient tax base to
provide for school services to current and future students.
27.
That pursuant to' the instructian, guidance, and directian
af
the
IdahO'
State
Legislature,
the
City may
impase
either
a
develapment fee ar a transfer fee an residential praperty, which,
if passible, wauld be retroactive and apply to' all residentiallats
in the City because of t~e imperilment to' the health, welfare, and
safety of the citizens aí the City af Meridian.
28.
That Sectian 11-9-605 C states as fallaws:
"Right-of-way far pedestrian walkways in the middle af lang
blacks may be required where necessary to' abtain canvenient
pedestrian circulatian to' schaals, parks ar shapping areas;
the pedestrian easement shall be at least ten feet ( 10 ' )
wide."
29.
That Sectian 11-9-605 G 1. states as fallaws:
"Planting strips shall be required to' be placed next to'
incompatible features such as highways, railraads, commercial
ar industrial uses to' screen the view from residential
properties. Such screening shall be a minimum af twenty feet
(20') wide, and shall nat be a part af the narmal street right
af way ar utility easement."
30.
That Sectian 11-9-605 H 2. states as fallows:
"Existing natural features which add value to' residential
develapment and enhance the attractiveness of the community
(such as trees, watercourses, historic spots and similar
irreplaceable amenities) shall be preserved in the design af
the subdivisian;"
31.
That sectian 11-9-605 K states as follaws:
"The extent and lacatian of lands desicrned for linear aeen
space corridars should be determined by ~atural features añd,
to' lesser extent, by man-made features such as utility
easements, transportatian rights af way ar water rights of
way. Landscaping, screening or lineal open space corridars
may be required for the pratectian af residential praperties
from adjacent arterial st:=eets, wate:nqays', railroad rights of
way or ather features. As improved areas (landscaped), semi-
improved areas (a landscaped pathway cnly), ar unimpraved
areas (left in a natural state), linear open space corridors
serve:
1.
TO' preserve apenness;
2.
TO' intercannect park and apen space systems wit~in rights
3.
4.
5.
6.
32.
of way for trails, walkways, bicycle ways;
To playa ma j or role in conserving area scen:.c
natural value, especially waterways, drainages
natural habitat;
and
and
To buffer more intensive adjacent urban land uses;
To enhance local identification within the area due to
the internal linkages; and
To link residential neighborhoods,
recreation facilities."
park
and
areas
That Section 11-9-605 L states as follows:
Bicycle and pedestrian pathways shall be encouraged within new
developments as par~ of the public right of way or as separate
easements so that an alternate transportation system (which is
distinct and separate from the automobile) can be provided
throughout the City urban Service Planning Area. The
Commission and Planning and zoning commission shall consider
the Bicvcle-Pedest=ian Desian Manual for Ada Countv (as
prepared by Ada County Highway District) when reviewing
bicycle and pedestrian pathway provisions wi thin developments.
33. 'That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission were given and
followed.
1.
CONCLUSIONS
That
all
procedural
requirements
of
the
Local
the
Planning Act and of the Ordinances of the City of Meridian have
been met,
within
property.
2.
including the mailing of notice to owners of property
300
of
external
boundaries
the Applicant's
of
feet
the
That the City of Meridian has authorit7 to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-41ï of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a Legislative function.
3.
That the Planning and Zoning Commission has judged this
annexation and zoning application under Section 50-222, Idaho Code,
Title 6i, Chapter 65, Idaho Code, the Meridian City Ordinances, the
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it can take judicial notice.
,..
~hat all notice and hearing requi=~æ~~ts set forth in
Title 6i, Chapter 65, Idaho Code, and the Ordinances of the city of
Meridian have been complied with.
5.
That
the
Commission
may
take
judicial
notice
of
government
ordinances,
and
policies,
and
of
actual
conditions
existing within the City and State.
6.
That the land within thè annexation is contiguous to the
present city limits of the City of Meridian,
and the annexation
would not be a shoestring annexation.
That the annexation application has been initiated by the
Applicant, which is not the titled owner, and the annexation is not
i.
upon the initiation of the City of Meridian; that the annexation
should be denied if the owner's request or consent to annexation
and zoning is not filed with the City prior to the hearing before
the City Planning and Zoning commission.
8.
That
since
the
annexation
and
zoning
of
, ,
~anc.
, ~
a
legislative function, the City has authority to place conditions
upon the annexation of land.
Burt vs. The Citv of Idaho Falls. 105
Idaho 65, 665 P.D 10i5 (1983).
9.
That the development of annexed land must meet and comply
with
the Ordinances
of the City of Meridian
and
in particular
Section 11-9-616, which ?ertains to development time schedules and
requirements, Section 11-9-605 M., which pertains to the tiling of
ditches and water ways, and Section 11-9-606 B 14, which pertains
to pressurized irrigation; that the Applicant will be required to
connect to Meridian water and sewer; that the development of the
property shall be subject to and controlled by the Subdivision and
Development Ordinance;
that,
as
a
condition
of
annexation
the
Applicant shall be required to enter into a development agre~~ent
as authorized by 11-2-416 Land 11-2-4170; that the development
agreement shall address the inclusion into the subdivision of the
requirements of 11-9-605 C, G., E 2, K, L and prior comments of the
previous Planning Director, Wayne Forrey, relating to the lack of
adequate recreation facilities and that land set aside for a future
park would be desirable,
that the City is in need of land set-
asides for future public service use, that a school site was not
reserved; that the development agreement shall, as a condition of
annexation,
require
that
the
Applicant,
or
if
required,
any
assigns, heirs,
executors or personal representatives, pay, when
required, any development fee or transfer fee adopted by the City;
that there shall be no annexation until the requirements of this
paragraph are met or, if necessarf, the property shall be subject
to de-annexation and loss of City services, if the requirements of
this paragraph are not met.
10.
That the Applicant's property is in compliance with the
Comprehensive
Plan,
and
therefore
the
annexation
and
zoning
Application is in conformance ',.¡ith the Comprehensive Plan.
11.
That
the
requirements
of
the Meridian
City Engineer,
including those he specifically stated in his comments and those
stated herein in these Findings and Conclusions and at the public
hearing,
and of
the Ada County Highway District,
if
submitted,
Nampa & Meridian Irrigation District,
Meridian Fire Department,
Idaho
Power,
and
the
prior
comments
of
the
Meridian
Planning
Director
reference
herein,
shall
be
met
and
addressed
in
a
de'Telc,>:",,_,;.- ,'.,j"""..rllent.
12.
That all ditches, canals, and waterways shall be tiled as
a condition of annexation and if not so tiled the property shall be
subject to de~annexation; that the Applicant shall be required to
install a pressurized irrigation system, and if not 50 done the
property shall be subject to de-annexation.
13.
That
the
Applicant
will
be
required
to
connect
to
Meridian water and sewer and resolve how the water and sewer mains
will serve the land; that the development of the property shall be
subj~ct
to
and
controlled
by
the
Subdivision
and
Development
Ordinance; that, as a condition of annexation, the Applicant shall
be require#d to enter into a development agreement ~s authorized by
11-2-416 Land 11-2-41ï D; that the development agreement shall
address the inclusion into the subdivision of the requirements of
11-9-605 C, G 1, H 2, K, L; that the development agreement shall,
as a condition of annexation,
require that the Applicant,
or if
required,
any
assigns,
heirs,
executors
or
personal
representatives,
pay, when required, any impact,
de'Telopment, or
transfer
fee,
adopted
by
the
City;
that
there
shall
be
no
annexation until the requirements of this paragraph are met or, if
necessa~l, the property shall be subject to de-annexation and loss
of City services,
if the requirements of this paragraph are not
met.
14.
That the house size representation of 1,500 square feet
must be met.
15.
That proper and adequate access to the property is
available and will have to be maintained.
16.
;;;.¿t: these conditions shall run with T.\1e land and bind
the applicant and its assigns.
17.
With compliance of the conditions contained herein, the
annexation and zoning of R-4 Residential would be in the best
interest of the City of Meridian.
18.
That if these conditions of approval are not met the
property shall be subject to de-annexation.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTEDF
VOTEDfii:
VOTED I ,--Y'-.-
VOTED "-
VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and zoning Commission hereby reccmmends
to the City Planning and zoning Commission of the City of Meridian
that they approve the anne~ation and zoning as stated above for the
property described in the application with the conditions set forth
in
the Findings
of
Fact and Conclusions
of
Law and that
the
Applicant and owners be 3pecifically required to tile all ditches,
canals and waterways and install a pressurized irrigation system as
conditions of annexation, and that the Applicant meet all of the
Or¿i¡;¡ances of the City of Meridian,
ó'p'?d.fically including the
development
time
requirements
and
ente:r:
into
the
required
development agreement, and that if the conàitions are not met that
the property be de-annexed.
MOTION: .J
APPROVED : ~
U
DISAPPROVED:
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of
Fact and Conclusions.
ROLL CALL
COUNCILMAN MORROW
VOTE odE
VOTED~
VOTED (I tlç~
, VOTE Dr
VOTED-
COUNCILMAN YERRINGTON
COUNCILMAN CORRIE
COUNCILMAN TOLSMA
MAYOR KINGSFORD (TIE BREAKER)
(INITIAL)
APPROVED ~
DISAPPROVED
f- 7- flf A ~vL
.,---
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- DAKOTA RIDGE ESTATES