Fairview Lakes AZ 02-011
PARTIES:
1.
2.
3.
ADA 'COUNTY RECORDER J. OAVIO NAVARRO
BOISE IDAHO 12102102 01:57 PM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
MERIDIAN CITY
AMOUNT .on
'------
39
'" 1111111111111111111111111111111111
102143306
DEVELOPMENT AGREEMENT
City of Meridian
William Curtis, Owner
Hopkins Financial Services, Inc., Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 2. +~ day of CJch 6-e-....- , Zoo z" by and between CITY OF
MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY", and
WILLIAM CURTIS, hereinafter called "OWNER", whose address is 2630 East Franklin
Road, Meridian, Idaho 83642, and HOPKlNS FINANCIAL SERVICES, INC.,
hereinafter called "DEVELOPER", whose address is 111 Auto Drive, Suite 105, Boise,
Idaho 83709.
1.
RECITALS:
1.1
1.2
1.3
1.4
1.5
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, LC. §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-40)
High Density Residential District, (C-N) Neighborhood Business
District, and (C-G) General Retail and Service Commercial
District, (Municipal Code of the City of Meridian); and
WHEREAS, "Owner" and "Developer" made representations at
the public hearings both before the Meridian Planning & Zoning
DEVELOPMENT AGREEMENT (AZ-O2-011) - 1
1.6
1.7
1.8
1.9
Commission and before the Meridian City Council, as to how the
subject "Property" will be developed and what improvements will
be made; and
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
before the Planning & Zoning Commission, and subsequently
before the City Council, include responses of govemment
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment;
and
WHEREAS, City Council, the / ~ day of f!}cb~ 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 ofthis
development agreement, herein being established as a result of
evidence received by the "City" in the proceedings for annexation
and zoning designation :ITom government subdivisions providing
services within the planning jurisdiction and :ITom affected property
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 Ordinances codified in Meridian City
Code Title 11 and Title 12.
DEVELOPMENT AGREEMENT (AZ-O2-011) - 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 ofthe presentation of the same requires
otherwise:
3.1
3.2
3.3
3.4
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue
oflaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
"OWNER": means and refers to William Curtis, whose address is
2630 East Franklin Road, Meridian, Idaho 83642, the party
developing said "Property" and shall include any subsequent
owner(s)/developer(s) ofthe "Property".
"DEVELOPER": means and refers to Hopkins Financial
Services, Inc., whose address is 111 Auto Drive, Suite 105, Boise,
Idaho 83709, 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 Meridian
City Code Section 11-7-2 (Po Ho K) which are herein specified as
follows:
DEVELOPMENT AGREEMENT (AZ-O2-011) - 3
Construction and development of the 24.89 acres asfollows:
The northernmost 9.10 acres as R-40; the 1.74 acres as CoN, and
the remaining 13. 79 acres, adjacent to Fairview Avenue as CoG,
with the intent to develop and construct a 192-unit apartment
complex for the proposed northern 9.10 acres. The applicant
proposes that the southern portion be developed as a commercial
building site, including a fast-food establishment, two banks,
three commercial buildings, and an office building.
Development shall be consistent with the Meridian
Comprehensive Plan Generalized Lane Use Map which
designates the property as Existing Urban, 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 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:
A. Adopt the Recommendations of the Planning and Zoning and Engineering
staff as follows:
1.
Remove any existing domestic wells and/or septic systems within this
project :ITom their domestic service per City Ordinance.
2.
Applicant shall enter into a Development Agreement prior to annexation.
The Development Agreement shall restrict the uses allowed within the C-
Nand CoG zones of this annexation to those uses proposed in the Fairview
Lakes Planned Development Application. No drive-thru facilities shall be
permitted in the CoN zone.
3.
The recordation of the final plat shall be required, including dedication and
DEVELOPMENT AGREEMENT (AZ-O2-011) - 4
B.
construction of improvements associated with the new street right-of-way,
prior to the issuance of any Certificate of Occupancy for any buildings
within the apartment complex.
Adopt the Recommendations of the ACHD as follows:
1.
Dedicate60 feet of right-of -way ITom the centerline of Fairview Avenue
abutting the parcel by means of a warranty deed. The right-of-way
purchase and sale agreement and deed must be completed and signed by
the Applicant prior to scheduling the final plat for signature by the ACHD
Commission or prior to issuance of a building permit (or other required
permits), whichever occurs first. Allow up to 30 business days to process
the right-of-way dedication after receipt of all requested material. The
Owner will be paid the fair market value of the right-of-way dedicated
which is an addition to existing ACHD right-of-way if the Owner submits
a letter of application to the impact fee administrator prior to breaking
ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #195).
2.
Construct a 5 foot concrete sidewalk on Fairview Avenue located 2 feet
within the new right of way. Ifthe sidewalk meanders, the sidewalk shall
meander outside ofthe right-of-way and the applicant shall provide an
easement for the sidewalk.
3.
Construct and install the signal and any related roadway improvements
that are necessary for the proposed signal at the intersection of Fairview
Avenue and the commercial/industrial roadway that extends north into the
site.
4.
Construct a commercial/industrial roadway that intersects with Fairview
Avenue 310 feet east of the west property line, as proposed.
5.
Construct the internal roadways as 40 foot street sections with curb, gutter,
and 5 foot concrete sidewalk within 54 feet of right-of-way, as proposed.
The portion of the commercial/industrial roadway that connects to Teare
Avenue shall taper appropriately to accommodate for drainage.
6.
Construct a 30 foot wide driveway to intersect Fairview Avenue
approximately 240 feet west of the east property line, as proposed.
7.
Construct a 30 foot wide driveway to intersect the commercial/industrial
DEVELOPMENT AGREEMENT (AZ-O2-011) - 5
8.
9.
lO.
11.
12.
13.
roadway a minimum of 50 feet north ofFairview Avenue, as proposed.
Construct two 25 foot wide driveways to intersect the
commercial/industrial roadway approximately 195 feet north ofFairview
Avenue, as proposed. These driveways shall align with one another.
Construct a 22 foot wide driveway to intersect the commercial/industrial
roadway approximately 345 feet north ofFairview Avenue, as proposed.
Construct a 22 foot driveway to intersect the commercial/industrial
roadway that extends north ITom Fairview Avenue approximately 580 feet
north of Fairview Avenue, as proposed.
Construct a 35 foot wide driveway to extend directly north of the
commercial/industrial roadway and proposed to intersect the northern
portion ofthe cul-de-sac, as proposed.
Construct a 25 foot driveway to intersect the commercial/industrial
roadway that extends ITom Fairview Avenue north and is proposed to be
located 50 feet north of the commercial/industrial roadway that runs east
and west, as proposed.
Construct two 30 foot wide driveways to intersect the commercial/
industrial roadway that runs east and west and is proposed to be located
approximately 160 feet east of the commercial/industrial roadway that
extends ftom Fairview Avenue to the north, as proposed.
14.
Pave the driveway its full width and at least 30 feet into the site beyond the
edge of pavement of the roadway and install pavement tapers with 15 foot
radii abutting the existing roadway edge.
l5.
Extend Teare Avenue as a 40 foot street section with curb, gutter and 5
foot concrete sidewalk within 54 feet of right-of-way, as proposed.
16.
Terminate Clarene Street at its current location and construct bollards for
emergency access only, as proposed.
17.
Construct a cul-de-sac tumaround at the north end of the commercial/
industrial roadway that extends north ITom Fairview Avenue. The cul-de-
sac turnaround shall be constructed to provide a minimum turning radius
of 55 feet.
DEVELOPMENT AGREEMENT (AZ-O2-011) -6
c.
18.
Comply with all Standard Conditions of Approval.
Adopt the recommendations of the Meridian Fire Department as follows:
1.
That a fife flow consistent with Appendix ill-A of the Uniform Fire Code
be provided to service the entire project. Please show all proximity
hydrants within 500' of the project on the resubmitted plat.
2.
All entrances and internal roads shall have corners with a minimum of a
28' inside radius and 48' outside radius.
3.
The proposed buildings and uses shall comply with the 1997 Uniform Fire
Code.
4.
Acceptance of the water supply for fire protection is contingent upon
acceptance of the water system by the City of Meridian for water quality.
5.
Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
6.
The roadways shall be built to Ada County Highway Standards and shall
have a clear driving surface, which is 20' wide. Any building more than
30' in height shall have a 26' wide access road to provide for aerial truck
operations.
7.
Provide an approved tumaround for any street which exceeds 150' in
length as a result of the phasing of the project.
8.
The proposed 192-unit subdivision will have an unknown transient
population and will have an unknown impact on Meridian Fire
Department requests for service. According to a.report completed by Fire
& Emergency Services Consulting Group in February of 2000 our requests
for service are projected to reach 2800 in the year 2005 and 3800 by the
year 2010, which is up ITom 2069 responses in the year 2000.
9.
All building uses and occupancies shall have to meet the separation
requirements of the Uniform Building Code.
DEVELOPMENT AGREEMENT (AZ-O2-011) -7
D.
Adopt the recommendations of Meridian Parks and Recreation as follows:
1.
The landscape buffer that runs along the eastern side of the entrance road
ITom Fairview Avenue should be a minimum or 20' in width. This will allow
the 10' wide hard surface path to meander within the buffer.
2.
The building adjacent to the northern boundary of the Jackson Drain needs to
be moved to the north to allow for a 20' landscape buffer and pathway.
E. Adopt the recommendations of the N ampa & Meridian Irrigation District as
follows:
1.
A Land Use Change/Site application shall be filed.
2.
It the development is planning a pressure urban irrigation system that will
be owned, operated and maintained by the District, contact the District. Fill
out and return a questionnaire to initiate the process of contractual
agreements between the owner or developer and the District for the
ownership, operation and maintenance ofthe pressure urban irrigation
system.
F. Adopt the action of the City Council from their Tuesday, September 17, 2002
meeting as follows:
1.
The applicant shall provide a 30 foot landscape buffer along the east side of
the apartment complex, which is a 20 foot landscape buffer, with a 10 foot
pathway running through it.
2.
That traffic bollards shall be placed at the south end of Teare so that it is
accessible by pedestrians.
3.
The applicant shall provide buffering along south side of the Smith
property, which is in the most southerly lot in the existing residential
subdivision. A 10 foot wide buffer strip will presently be provided, but
the adjacent property would like to see this buffer increased, and therefore,
the applicant shall work with the property owner for clarification on the
buffering.
4.
The applicant shall have to apply for a Miscellaneous Application to allow
the north-south street coming off of Fairview into the project to be
approved as a private street by Council, until such time as the area is
DEVELOPMENT AGREEMENT (AZ-O2-011) -8
platted and upon platting would then become public right-of-way, which
Miscellaneous Application is to be heard at the Council meeting to be held
on October l, 2002.
7. COMPLIANCE PERIOD! CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default ofthe "Owner" and "Developer" or "Owner" and "Developer's"
heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing
Development" of subject "Property" ofthis 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 ofthe terms and
conditions included in this Agreement in connection with the
"Property", this Agreement may be modified or terminated by the
DEVELOPMENT AGREEMENT (AZ-O2-011) - 9
10.2
"City" upon compliance with the requirements of the Zoning
Ordinance.
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 "Owners" 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 ofthe "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 (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 ofthe same with diligence and
continuity.
DEVELOPMENT AGREEMENT (AZ-O2-011) - 10
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 ofthe
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 ofthe City of Meridian.
l7. 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
660 E. Watertower, Suite 200
Meridian, ill 83642
William Curtis
2630 East Franklin Road
Meridian, Idaho 83642
DEVELOPMENT AGREEMENT (AZ-O2-011) - 11
with copy to:
DEVELOPER:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Hopkins Financial Services, Inc.
111 Auto Drive, Suite 105
Boise, Idaho 83709
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 maybe granted, to court costs and reasonable attorney's
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture ofthis Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the parties' respective heirs, successors, assigns and
personal representatives, including "City's" corporate authorities and their successors in
office. This Agreement shall be binding on the owner 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 oftermination 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
ftom this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
DEVELOPMENT AGREEMENT (AZ-O2-011) - 12
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 ofthe City Council
after the "City" has conducted public hearing(s) in accordance with
the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-O2-011) - 13
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNER:
'-~~z~~~
William Curtis
HOPKINS FINANCIAL SERVICES, INC.,
DEVELOPER
fJJJb - f",.JJ:-
BY:
Attest:
BY:
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CITY OF MERIDIAN
Attest:
DEVELOPMENT AGREEMENT (~-O2-011) - 14
STATE OF IDAHO)
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COUNTY OF ADA )
On this ~, in the year 2002,
before me, ~ a Notary Public, personally
appeared William Curtis, known 0 identified to me to be the person who executed the
instrument and acknowledged to me that he executed the same.
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STATE OF IDAHO)
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On this 29..J. day of a-j,r , in the year 2002,
before me, 5.f-n ){'.. t6.'1Jk'" a Notary Public, personally appeared
~ to -:e t~:~e'"'" fie's,':~ ------ and ' known or
./ of Hopkins Financial Services, Inc., and the
persons who executed the instrument and acknowledged to me that they having executed
the same on behalf of said Hopkins Financial Services, Inc..
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DEVELOPMENT AGREEMENT (AZ-O2-011) - 15
STATE OF IDAHO)
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County of Ada
On this JIP -\Á"- day of 1'Lov twtJruu , in the year 2002,
before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg,
Jr. , known or identified to me to be the Mayor and Clerk, respectively, ofthe City of
Meridian, who executed the instrument or the person that executed the instrument of
behalf of said City, and acknowledged to me that such City executed the same.
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DEVELOPMENT AGREEMENT (AZ-O2-011) - 16
. \.
EXHIBIT A
Lel!al Descriotion Of Prooertv
R-40
A parcel of land located in the Southwest Y. of the Southeast Y. of Section 6,
Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being
more particularly described as follows:
Commencing at the Southwest corner of said Southwest Y. of the
Southeast Y. of Section 6, T.3N., R.1E., B.M.; thence North
00°20'01" East a distance of50.01 feet along the Westerly boundary
of said Southwest Y. of the Southeast Y. to a point on the Northerly
right-of-way line ofFairview Avenue (U.S. Hwy 30); thence leaving
said Northerly right-of-way line North 00°20'01" East a distance of
656.12 feet along said Westerly boundary to the REAL POINT OF
BEGINNING; thence continuing North 00°20'01" East a distance of
595.00 feet to a point on the Northerly boundary ofthe Southwest Y.
of the Southeast Y. of Section 6; thence South 89°53'08" East a
distance of666.99 feet along said Northerly boundary; thence leaving
said Northerly boundary South 00°23'27" West a distance of593.67
feet; thence North 90°00'00" West a distance of 666.40 feet to the
POINT OF BEGINNING.
Said parcel contains 396,236 square feet or 9.10 acres, more or less.
CoN
A parcel of land located in the Southwest Y. of the Southeast Y. of Section 6,
Township 3 North Range 1 East of the Boise Meridian, Ada County, Idaho, being
more particularly described as follows:
Commencing at the Southwest comer of said Southwest Y. of the
Southeast Y. of Section 6, T.3N., R.IE, B.M.; thence North 89°11'07"
East, 188.30 feet along the centerline ofFairview Avenue (U.S. Hwy.
30) to a point of curvature; thence continuing along said centerline,
148.02 feet along the arc of a curve to the right, said curve having a
radius of 55966.02 feet, a central angle of 00°09'06", and a chord
bearing of South 89°15'40" East, l48.02 feet to a point; thence
leaving said centerline, North 00°00'00" West, 486.36 feet to the
TRUE POINT OF BEGINNING; thence continuing North 00°00'00"
DEVELOPMENT AGREEMENT (AZ-O2-011) - 17
, '-, .
West, 215.19 feet to a point; thence North 90°00'00" East, 334.22 feet
to a point; thence South 00°23'27" West, 176.77 feet to a point;
thence South 89°05'22" East, 122.97 feet to a point of curvature;
thence 62.10 feet along the arc of a curve to the right, a radius of
45.00 feet, and a central angle of 79°04'23", and a chord bearing
South 50°27'49" West, 57.29 feet to a point of tangency; thence
South 90°00'00" West, 411.79 feet to the POINT OF BEGINNING.
Said parcel contains 75,970 sq. ft., or 1.74 acres more or less.
CoG
A parcel of land located in the Southwest Y. of the Southeast Y. of Section 6,
Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being
more particularly described as follows:
Beginning at the Southwest corner of said Southwest Y. of the
Southeast Y. of Section 6, T.3N., R.1E., B.M.; thence North
00°20'01" East a distance of706.13 feet along the Westerly boundary
of said Southwest Y. ofthe Southeast Y.; thence leaving said Westerly
boundary line South 90°00'00" East a distance of332.18 feet; thence
South 00°00'00" East a distance of 215.19 feet; thence North
90°00'00" East a distance of 411. 79 feet; thence 62.10 feet along the
arc of a curve to the left, a radius of 45.00 feet, a central angle of
79°04'23", and a chord bearing North 50°27'49" East, 57.29 feet;
South 89°05'22" East a distance of 280.76 feet; thence South
00°11 '07" West a distance of 463.26 feet to a point on the Northerly
right-of-way line of Fairview Avenue (U.S. Hwy 30); thence along
said right-of-way line, South 78°45'39" West a distance of7.22 feet to
a point; thence leaving said Northerly right-of-way line, South
00°23'20" West a distance of 50.00 feet to a point on the center line
ofFairview Avenue (U.S. Hwy 30); thence 875.86 feet along the arc
of a curve to the left, with a radius of 55966.02, a central angle of
00°53'48" and a chord bearing South 89°38'01" West, 875.80 feet;
thence South 89°11'07" West a distance of 188.30 feet to the POINT
OF BEGINNING.
Said parcel contains 600,774 square feet or 13.79 acres, more or less.
DEVELOPMENT AGREEMENT (AZ-O2-O11) - 18
" ~
EXHIBIT B
Findinl!:s of Fact and Conclusions of Law/Conditions of AIJProval
DEVELOPMENT AGREEMENT(AZ-O2-011)-19
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF HOPKINS
FINANCIAL SERVICES, THE
APPLICATION FOR ANNEXATION
AND ZONING OF 24.89 ACRES
FOR PROPOSED FAIRVIEW
LAKES, LOCATED ON THE
NORTH SIDE OF FAIRVIEW
AVENUE, APPROXIMATELY 1/3
MILE WEST OF LOCUST GROVE
ROAD, MERIDIAN, IDAHO
C/C 09-17-02
)
)
)
)
)
)
)
)
)
)
)
CASE NO. AZ-O2-011
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 September 17, 2002, at the hour of7:00 p.m., and Steve Siddowayofthe Planning and Zoning
Department, and Doug Tamura, 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, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Comprehensivè Plan of the City of Meridian adopted December 21, 1993, Ordinance No.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/FAIRVIEW LAKES (AZ-O2-011)
-Page 1
629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary.
3.
The property which is the subject of the application for annexation and
zoning is described in the application, and is approximately 24.89 acres in size, is located on the
north side ofFairview Avenue, approximately 1/3 mile west of Locust Grove 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 William Curtis, 2630 E. Franklin
Road, Meridian, Idaho; and the applicant is Hopkins Financial Services, Inc., 111 Auto Drive,
Suite l05, Boise, Idaho.
5.
The property is presently zoned by Ada County as RUT, and consists of vacant
land.
6.
The Applicant requests the property be zoned as follows: the northernmost 9.10
acres as R-40, 1.74 acres as CoN, and the remaining 13.79 acres, adjacent to Fairview Avenue as
CoG, with the intent to develop and construct a In-unit apartment complex is proposed for the
northern 9.10 acres. The applicant proposes that the southern portion be developed as a
commercial building site including a fast-food establishment, two banks, three commercial
buildings, and an office building, which is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Existing Urban.
7.
The subject property is bordered to the north by the Meridian Place Subdivision
and Willows Subdivision, to the south by a Daewoo Automobile Dealer and Ultra Touch Car
Wash/Fuel Station across Fairview Avenue ITom the site, to the east by Settler's Village
Subdivision and Dirty Harry's Car Wash, and to the west by Fairview Terrace Mobile Estates
and an office/restaurant complex.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-O2-011)
-Page 2
8.
The City of Meridian Parks and Recreation Department believes that the partial
piping/tiling and relocation of the Jackson Drain as proposed by the applicant may result in the
partial loss and destruction of a natural and scenic feature of major importance.
9.
The City Council recognizes the concerns of Wendel Bigham of Joint School
District No.2 expressed in his letter of May 8,2002.
10.
Giving due consideration to the comments received ITom the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
B.
1.
Remove any existing domestic wells and/or septic systems within this project
ITom their domestic service per City Ordinance.
2.
Applicant shall enter into a Development Agreement prior to annexation. The
Development Agreement shall restrict the uses allowed within the CoN and CoG
zones of this annexation to those uses proposed in the Fairview Lakes Planned
Development Application. No drive-thm facilities shall be permitted in the CoN
zone.
Adopt the Recommendations of the ACHD as follows:
1.
Dedicate 60 feet of right-of -way from the centerline of Fairview Avenue 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 pennits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The Owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way if the
Owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #195).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/FAIRVIEW LAKES (AZ-O2-011)
-Page 3
2.
Construct a 5 foot concrete sidewalk on Fairview Avenue located 2 feet within the
new right of way. If the sidewalk meanders, the sidewalk shall meander outside of
the right-of-way and the applicant shall provide an easement for the sidewalk.
3.
Construct and install the signal and any related roadway improvements that are
necessary for the proposed signal at the intersection of Fairview A venue and the
commercial/industrial roadway that extends north into the site.
4.
Construct a commercial/industrial roadway that intersects with Fairview Avenue
310 feet east of the west property line, as proposed.
5.
Construct the internal roadways as 40 foot street sections with curb, gutter, and 5
foot concrete sidewalk within 54 feet of right-of-way, as proposed. The portion of
the commercial/industrial roadway that connects to Teare Avenue shall taper
appropriately to accommodate for drainage.
6.
Construct a 30 foot wide driveway to intersect Fairview Avenue approximately
240 feet west of the east property line, as proposed.
7.
Construct a 30 foot wide driveway to intersect the commercial/industrial roadway
a minimum of 50 feet north ofFairview Avenue, as proposed.
8.
Construct two 25 foot wide driveways to intersect the commercial/industrial
roadway approximately 195 feet north of Fairview Avenue, as proposed. These
driveways shall align with one another.
9.
Construct a 22 foot wide driveway to intersect the commercial/industrial roadway
approximately 345 feet north ofFairview Avenue, as proposed.
10.
Construct a 22 foot driveway to intersect the commercial/industrial roadway that
extends north from Fairview Avenue approximately 580 feet north ofFairview
Avenue, as proposed.
11.
Construct a 35 foot wide driveway to extend directly north of the
commercial/industrial roadway and proposed to intersect the northern portion of
the cul-de-sac, as proposed.
12.
Construct a 25 foot driveway to intersect the commercial/industrial roadway that
extends from Fairview Avenue north and is proposed to be located 50 feet north
of the commercial/industrial roadway that runs east and west, as proposed.
13.
Construct two 30 foot wide driveways to intersect the commercial/ industrial
roadway that runs east and west and is proposed to be located approximately 160
feet east of the commercial/industrial roadway that extends from Fairview Avenue
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/FAIRVIEW LAKES (AZ-O2-011)
-Page4
to the north, as proposed.
14.
Pave the driveway its full width and at least 30 feet into the site beyond the edge
of pavement of the roadway and install pavement tapers with 15 foot radii
abutting the existing roadway edge.
15.
Extend Teare Avenue as a 40 foot street section with curb, gutter and 5 foot
concrete sidewalk within 54 feet of right-of-way, as proposed.
16.
Terminate Clarene Street at its current location and construct bollards for
emergency access only, as proposed.
17.
Construct a cul-de-sac turnaround at the north end of the commercial/ industrial
roadway that extends north ITom Fairview Avenue. The cul-de-sac turnaround
shall be constructed to provide a minimum turning radius of 55 feet.
18.
Comply with all Standard Conditions of Approval.
c.
Adopt the recommendations of the Meridian Fire Department as follows:
2.
3.
4.
5.
6.
7.
8.
1.
That a fire flow consistent with Appendix ill-A of the Uniform Fire Code be
provided to service the entire project. Please show all proximity hydrants within
500' of the project on the resubmitted plat.
All entrances and internal roads shall have corners with a minimum of a 28' inside
radius and 48' outside radius.
The proposed buildings and uses shall comply with the 1997 Uniform Fire Code.
Acceptance of the water supply for fire protection is contingent upon acceptance
of the water system by the City of Meridian for water quality.
Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
The roadways shall be built to Ada County Highway Standards and shall have a
clear driving surface, which is 20' wide. Any building more than 30' in height
shall have a 26' wide access road to provide for aerial truck operations.
Provide an approved turnaround for any street which exceeds 150' in length as a
result of the phasing of the project.
The proposed 192-unit subdivision will have an unknown transient population and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-O2-011)
- PageS
D.
will have an unknown impact on Meridian Fire Department requests for service.
According to a report completed by Fin: & Emergency Services Consulting Group
in February of2000 our requests for service are projected to reach 2800 in the
year 2005 and 3800 by the year 2010, which is up from 2069 responses in the year
2000.
9.
All building uses and occupancies shall have to meet the separation requirements
of the Uniform Building Code.
Adopt the recommendations of Meridian Parks and Recreation as follows:
1.
The landscape buffer that runs along the eastern side of the entrance road from
Fairview Avenue should be a minimum or 20' in width. This will allow the 10'
wide hard surface path to meander within the buffer.
The building adjacent to the northem boundary of the Jackson Drain needs to be
moved to the north to allow for a 20' landscape buffer and pathway.
2.
E. Adopt the recommendations of the Nampa & Meridian Irrigation District as
follows:
1.
A Land Use Change / Site application shall be filed.
2.
It the development is planning a pressure urban irrigation system that will be
owned, operated and maintained by the District, contact the District. Fill out and
return a questionnaire to initiate the process of contractual agreements between the
owner or developer and the District for the ownership, operation and maintenance
of the pressure urban irrigation system.
F. Adopt the action of the City Council from their Tuesday, September 17, 2002
meeting as follows:
1.
The applicant shall provide a 30 foot landscape buffer along the east side of the
apartment complex, which is a 20 foot landscape buffer, with a 10 foot pathway
rulJI!Ïng through it.
2.
That traffic bollards shall be placed at the south end of Teare so that it is accessible
by pedestrians.
3.
The applicant shall provide buffering along south side of the Smith property,
which is in the most southerly lot in the existing residential subdivision. A 10
foot wide buffer strip will presently be provided, but the adjacent property would
like to see this buffer increased, and therefore, the applicant shall work with the
property owner for clarification on the buffering.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/FAIRVIEW LAKES (AZ-O2-011)
-Page 6
4.
The applicant shall have to apply for a Miscellaneous Application to allow the
north-south street coming off of Fairview into the project to be approved as a
private street by Council, until such time as the area is platted and upon platting
would then become public right-of-way, which Miscellaneous Application is to be
heard at the Council meeting to be held on October 1,2002.
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
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.
13.
It is found that the zoning of the subject real property as High Density Residential
District (R-40), Neighborhood Business District (C-N), and General Retail And Service
Commercial District (C-G), requires conneétion 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 Existing Urban.
14.
The subject annexation request and zoning designation and proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/F AIR VIEW LAKES (AZ-O2-0 11)
- Page 7
development relates to and is compatible with the goals and policies of the Comprehensive Plan
of the City as follows:
Goals Section:
Goal 3, Goal 4, Goal 8, and Goal 9
Economic Development:
1.1,1.3,1.5, 3.1U, and 3.2U
Land Use:
1.10U, 2.1U, 2.4U, 3.7, 4.3U, 5.9, 5.12,5.13, 5.14
Natural Resource & Hazardous Areas:
2.1U, 3.1U, 3.2U
CommunitY Desil!n:
1.3, 1.4, 2.1U, 2.3U, 6.2U, 6.11U
Transportation Chapter:
1.19U, 1.14, 1.18
15.
It is found that the requested zoning designations, R-40 on the northern nine acres
and CoN and CoG on the southern 15 acres, are harmonious with and in accordance with the
adopted Comprehensive Plan and Generalized Land Use Map, which designates the land as
"Existing Urban".
16.
It is not anticipated that the land to be annexed will be rezoned in the future.
17.
It is found that the property will be developed in a manner consistent with the new
zoning and/or consistent with allowable Planned Development uses.
18.
It is found that there has been no major change in the area that would dictate how
the property should develop in the future. It is also found that the location of the property
adjacent to Fairview Avenue dictates that commercial and high-density uses be considered for
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIF AIRVIEW LAKES (AZ-O2-O11)
-Page 8
the site.
19.
It is found that the general vicinity provides a mix of commercial uses, standard
residential lots, apartments and mobile homes. The intended character of the vicinity, as noted
on the Generalized Lane Use Map, is "Existing Urban". It is also found that the proposed
commercial, office and high-density residential uses can be harmonious with and appropriate in
appearance with the general vicinity's existing and intended character.
20.
It is not anticipated that the proposed uses will be hazardous to future or existing
neighbors. Buffering for the southern most lot in the residential subdivision shall be provided by
the applicant.
21.
It is found that the subject property will be served adequately by all essential public
facilities and services such as fire, police, water, sewer and refuse disposal. Sanitary sewer and
water service to this site shall be via extensions ITom existing mains installed in adjacent
developments. Water service to this development is contingent upon positive results ftom a
hydraulic analysis by computer model. Also, due to the size of the landscape area, primary water
supply connection to the City's mains will not be allowed. Presently, the applicant has not
indicated whether the pressurized irrigation system within this development is to be owned and
maintained by an association or the Nampa & Meridian Irrigation District. The City of Meridian
requires that the pressurized irrigation systems be supplied by a year-round source of water.
ACHD has determined that the street system is adequate or can be made to be adequate to serve
the proposed development. ACHD is requiring the internal streets within Fairview Lakes to be
dedicated as public right-of-way due to the fact that they are extending a public roadway (Teare
Avenue) within the project (ACHD does not allow two public streets to be connected by a private
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/FAIRVIEW LAKES (AZ-O2-011)
- Page 9
street.), as well as constructing a half-mile traffic signal. ACHD has also approved a turnaround
on Clarene Street that is to be deeded to ACHD. Meridian City Code requires all dedication of
public streets to be accomplished through the subdivision process. Therefore, a preliminary plat
and final plat will need to be submitted and approved prior to the issuance of occupancy permits
or the dedication of any roadways within the development. ACHD has submitted comments
concerning additional required roadway improvements for this project.
22.
It is found that there will not be excessive additional requirements at public cost
for public facilities and services and that the annexation and zoning will not be detrimental to the
community's economic welfare.
23.
It is found that the proposed uses will create additional traffic on Fairview Avenue;
however, it is not believed that the increase in traffic will be excessive. It is also not anticipated
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.
24.
It is found that the proposed vehicular approaches on Fairview Avenue will be
designed to limit the amount of interference the proposed project will create. The applicant has
proposed installing a traffic light on the western approach to help move traffic into and out of the
proposed development. The applicant's proposal to extend the Teare Avenue stub street into the
development is supported, it is not supported that the placement ofbollards be placed at this
location. There is no objection to the "emergency only" access to Clarene Street, provided that
all emergency services agencies approve of the design and location of the emergency turnaround.
25.
The City of Meridian Parks and Recreation Department believes that the partial
piping/tiling and relocation of the Jackson Drain as proposed by the applicant will result in the
FINDIN'GS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTIN'G APPLICATION
FOR ANNEXA nON AND ZONINGIF AIR VJEW LAKES (AZ-02-0 11)
. Page 10
partial destruction and loss of a natural and scenic feature of major importance. Meridian City
Code 12-4-S.B pertains to the preservation of existing natural features, and it is found that the
applicant has incorporated the Jackson Drain into design of the project and has provided a
multiple use pathway along its banks as shown in the City's Comprehensive Plan. The applicant
is proposing a pathway along the Jackson Drain. However, the pathway design does not match
the topographic contours of a previously submitted preliminary plat on this property. It appears
that much of the pathway shown would be located below the top of bank along the Jackson
Drain. The drain continues to the northwest through Raleigh Hawe's currently undeveloped
parcel and then connects with a City-owned pathway in Fothergil Subdivision on Meridian Road.
This section of pathway along the Jackson Drain will be a critical link to provide a continuous
public pedestrian corridor from Linder Road at Tulley Park, across Meridian Road and through
Fothergil Subdivision southeast to Locust Grove Road.
26.
It is also found that the annexation of this property would be in the best interest of
the City. The project will provide new high-density housing, additional employment
opportunities and the creation of additional recreation facilities (pathway). Moreover, the
annexation will eliminate an existing county enclave and add to the City's tax base.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides the City may annex real property that is within the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONJNGIFAIRVIEW LAKES (AZ-O2-011)
- Page 11
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2.
The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the 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:
Goals Section:
Goal 3, Goal 4, Goal 8, and Goal 9
Economic Development:
1.1,1.3, 1.5, 3.1U, and 3.2U
Land Use:
1.10U, 2.1U, 2.4U, 3.7, 4.3U, 5.9, 5.12,5.13, 5.14
Natural Resource & Hazardons Areas:
2.1U, 3.10, 3.2U
Community DesÏl!D:
1.3,1.4, 2.1U, 2.3U, 6.2U, 6.11U
Transportation Chapter:
U9U, 1.14, 1.18
5.
The zoning of High Density Residential District (R-40), Neighborhood Business
District (C-N), and General Retail And Service Commercial District (C-G), are defined in
the Zoning Ordinance at § 11-7-2F, H, and K as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-O2-011)
- Page 12
(R-40) Hi!!h Densitv Residential District: The purpose of the R-40 District is to permit the
establishment of high density residential uses at a density not exceeding forty (40) dwelling
units per acre. Connection to the Municipal water and sewer systems of the City is required.
(C-N) Nei!!hborhood Business District: The purpose of the CoN District is to permit the
establishment of small scale convenience business uses which are intended to meet the daily
needs of the residents of an immediate neighborhood (as defined by the policies of the
Meridian Comprehensive Plan); to encourage clustering and strategic siting of such
businesses to provide service to the neighborhood and avoid intrusion of such uses into the
adjoining residential districts. All such districts shall give direct access to transportation
arterial or collectors, be connected to the Municipal water and sewer systems of the City, and
shall not constitute all or any part of a strip development concept.
(C-G) General Retail And Service Commercial District: The purpose of the CoG District
is to provide for commercial uses which are customarily operated entirely or almost entirely
within a building; to provide for a review of the impact of proposed commercial uses which
are auto and service oriented and are located in close proximity to major highway or arterial
streets; to fulfill the need of travel-related services as well as retail sales for the transient and
permanent motoring public. All such districts shall be coIinected to the Municipal water and
sewer systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
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 lis. The City ofIdaho Falls. l05
Idaho 65, 665 P2d 1075 (1983).
8.
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.
9.
Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement.
DECISION A1~D ORDER
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-O2-011)
- Page 13
NOW, THEREFORE, BASED UPON THE ABOVE Ál'l> 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 24.89 acres in
size to High Density Residential District (R-40), Neighborhood Business District (C-N), and General
Retail And Service Commercial District (R-40), is granted subject to the terms and conditions of this
Order hereinafter stated.
2.
The application is for annexation and zoning of24.89 acres. 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.
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:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1.
Remove any existing domestic wells and/ór septic systems within this project
tTom their domestic service per City Ordinance.
2.
Applicant shall enter into a Development Agreement prior to annexation. The
Development Agreement shall restrict the uses allowed within the CoN and CoG
zones of this annexation to those uses proposed in the Fairview Lakes Planned
Development Application. No drive-thm facilities shall be permitted in the CoN
zone.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/FAIRV1EW LAKES (AZ-O2-011)
- Page 14
B.
9.
Adopt the Recommendations ofthe ACHD as follows:
1.
Dedicate 60 feet of right-of -way ITom the centerline of Fairview Avenue abutting
the parcel by means of a warranty deed. The right-ot:way purchase and sale
agreement and deed must be completed and signed by the Applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The Owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way if the
Owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #195).
2.
Construct a 5 foot concrete sidewalk on Fairview Avenue located 2 feet within the
new right of way. If the sidewalk meanders, the sidewalk shall meander outside of
the right-of-way and the applicant shall provide an easement for the sidewalk.
3.
Construct and install the signal and any related roadway improvements that are
necessary for the proposed signal at the intersection ofFairview Avenue and the
commercial/industrial roadway that extends north into the site.
4.
Construct a commercial/industrial roadway that intersects with Fairview Avenue
310 feet east of the west property line, as proposed.
5.
Construct the internal roadways as 40 foot street sections with curb, gutter, and 5
foot concrete sidewalk within 54 feet of right-of-way, as proposed. The portion of
the commercial/industrial roadway that connects to Teare Avenue shall taper
appropriately to accommodate for drainage.
6.
Construct a 30 foot wide driveway to intersect Fairview Avenue approximately
240 feet west of the east property line, as proposed.
7.
Construct a 30 foot wide driveway to intersect the commercial/industrial roadway
a minimum of 50 feet north ofFairview Avenue, as proposed.
8.
Construct two 25 foot wide driveways to intersect the commercial/industrial
roadway approximately 195 feet north ofFairview Avenue, as proposed. These
driveways shall align with one another.
Construct a 22 foot wide driveway to intersect the commercial/industrial roadway
approximately 345 feet north ofFairview Avenue, as proposed.
10.
Construct a 22 foot driveway to intersect the commercial/industrial roadway that
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/F AIRVIEW LAKES (AZ-O2-0 11)
- Page 15
17.
18.
extends north ITom Fairview Avenue approximately 580 feet north ofFairview
Avenue, as proposed.
11.
Construct a 35 foot wide driveway to extend directly north of the
commercial/industrial roadway and proposed to intersect the northern portion of
the cul-de-sac, as proposed.
l2.
Construct a 25 foot driveway to intersect the commercial/industrial roadway that
extends ITom Fairview A venue north and is proposed to be located 50 feet north
of the commercial/industrial roadway that runs east and west, as proposed.
13.
Construct two 30 foot wide driveways to intersect the commercial/ industrial
roadway that runs east and west and is proposed to be located approximately 160
feet east of the commercial/industrial roadway that extends from Fairview Avenue
to the north, as proposed.
14.
Pave the driveway its full width and at least 30 feet into the site beyond the edge
of pavement of the roadway and install pavement tapers with 15 foot radii
abutting the existing roadway edge.
15.
Extend Teare Avenue as a 40 foot street section with curb, gutter and 5 foot
concrete sidewalk within 54 feet of right-of-way, as proposed.
16.
Terminate Clarene Street at its current location and construct bollards for
emergency access only, as proposed.
Construct a cul-de-sac turnaround at the north end of the commercial/ industrial
roadway that extends north from Fairview Avenue. The cul-de-sac turnaround
shall be constructed to provide a minimum taming radius of 55 feet.
Comply with all Standard Conditions of Approval.
c.
Adopt the recommendations of the Meridian Fire Department as follows:
1.
2.
3.
That a fIre flow consistent with Appendix ill-A of the Uniform Fire Code be
provided to service the entire project. Please show all proximity hydrants within
500' of the project on the resubmitted plat.
All entrances and internal roads shall have corners with a minimum of a 28' inside
radius and 48' outside radius.
The proposed buildings and uses shall comply with the 1997 Uniform Fire Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/F AlRVIEW LAKES (AZ-O2-0 11)
- Page 16
D.
4.
Acceptance of the water supply for fire protection is contingent upon acceptance
of the water system by the City of Meridian for water quality.
5.
Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
6.
The roadways shall be built to Ada County Highway Standards and shall have a
clear driving surface, which is 20' wide. Any building more than 30' in height
shall have a 26' wide access road to provide for aerial truck operations.
7.
Provide an approved turnarolU1d for any street which exceeds 150' in length as a
result of the phasing of the project.
8.
The proposed I 92-unit subdivision will have an unknown transient population and
will have an unknown impact on Meridian Fire Department requests for service.
According to a report completed by Fire & Emergency Services Consulting Group
in February of2000 our requests for service are projected to reach 2800 in the
year 2005 and 3800 by the year 2010, which is up from 2069 responses in the year
2000.
9.
All building uses and occupancies shall have to meet the separation requirements
of the Uniform Building Code.
Adopt the recommendations of Meridian Parks and Recreation as follows:
1.
The landscape buffer that runs along the eastern side of the entrance road from
Fairview Avenue should be a minimum or 20' in width. This will allow the 10'
wide hard surface path to meander within the buffer.
The building adjacent to the northern boundary of the Jackson Drain needs to be
moved to the north to allow for a 20' landscape buffer and pathway.
2.
E. Adopt the recommendations of the Nampa & Meridian Irrigation District as
follows:
F.
3.
A Land Use Change / Site application shall be filed.
4.
It the development is planning a pressure urban irrigation system that will be
owned, operated and maintained by the District, contact the District. Fill out and
return a questionnaire to initiate the process of contractual agreements between the
owner or developer and the District for the ownership, operation and maintenance
ofthe pressure urban irrigation system.
Adopt the action of the City Council from their Tuesday, September 17, 2002
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-O2-011)
-Pagel?
meeting as follows:
5.
The applicant shall provide a 30 foot landscape buffer along the east side of the
apartment complex, which is a 20 foot landscape buffer, with a 10 foot pathway
running through it.
6.
That traffic bollards shall be placed at the south end of Teare so that it is accessible
by pedestrians.
7.
The applicant shall provide buffering along south side of the Smith property,
which is in the most southerly lot in the existing residential subdivision. A 10
foot wide buffer strip will presently be provided, but the adj acent property would
like to see this buffer increased, and therefore, the applicant shall work with the
property owner for clarification on the buffering.
8.
The applicant shall have to apply for a Miscellaneous Application to allow the
north-south street coming off of Fairview into the project to be approved as a
private street by Council, until such time as the area is platted and upon platting
would then become public right-of-way, which Miscellaneous Application is to be
heard at the Council meeting to be held on October 1, 2002.
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
subject of the application to (R-40) High Density Residential District, (C-N) Neighborhood Business
District, and (C-G) General Retail And Service Commercial, and Meridian City Code § 11-7-2.
5.
Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the appropriate
mapping changes of the official boundaries and zoning maps as provided in Meridian City Code §
11-21-1 in accordance with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONlNGIFAlRVIEW LAKES (AZ-O2-O11)
- Page 18
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 ajudicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
IS?
day of
{} ch be~
,2002.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED $IL.-
VOTED$tt-
COUNCILWOMAN TAMMY deWEERD
COUNCIL WOMAN CHERIE Mc CANDLESS
VOTED-fJ?-~
VOTED $4-
COUNCILMAN WILLIAM L.M. NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: / f) - / -- ¿J 2-
-
VOTED-
MOTION:
APPROVF~ Dl£APPROVED:-
FINDINGS OF F ACf AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIF AIR VIEW LAKES (AZ-O2-0 11)
Z:\Work\MIMeridian\Meridian IS360MIFAIRVIEW L'.KES AZO2.oli CUPO2.oÌ4IAZFfCl&Order.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/FAIRVIEW LAKES (AZ-02-011)
- Page 20
Meridian Citv Council Meetina
November 26. 2002
The Regular Meeting of the Meridian City Council was called to order at 7:05 P.M., on
Tuesday, November 26, 2002, by Mayor Robert D. Corrie.
Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, and Cherie
McCandless.
Members Absent: William Nary.
Others Present: Bill Nichols, Brad Hawkins-Clark, Brad Watson, Ken Bowers, Gary
Smith, Mike Worley, Dean Willis and Will Berg.
Item 1.
Roll-call Attendance:
.....x..... Tammy de Weerd .....x..... Bill Nary
.....x..... Cherie McCandless .....x..... Keith Bird
.....x..... Mayor Robert Corrie
Corrie: Okay I would like to open the Meridian City Council Regular Meeting on
Tuesday, November 26, 2002, at 7:00 P.M. At this time, I would like to have the City
Clerk give the roll call attendance, please.
Item 2.
Adoption of the Agenda:
Corrie: Mr. Nary will join us probably in about another 45 minutes. Item Number 2 is
the adoption of the agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve the adoption of the agenda as published.
De Weerd: Second.
Corrie: Okay. Motion has been made and seconded to adopt the agenda as published
any further discussion? Hearing none, all those in favor say aye. All ayes. Motion
carried.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 3.
Consent Agenda:
A.
Approve minutes of November 12, 2002 City Council Regular
Meeting:
Meridian City Council
November 26, 2002
Page2of21
C.
G.
B.
Findings of Fact and Conclusions of Law for Approval: CUP
02.025 Request for a Conditional Use Permit for a wireless
communications facility consisting of a 125 foot monopole and
supporting equipment in an I-L zone for Verizon Wireless by
Mericom Corporation - 3735 North Ten Mile Road:
Findings of Fact and Conclusions of Law for Denial: CUP 02-
026 Request for a Conditional Use Permit for a 3901 square foot
Carl's Jr. restaurant with a drive-thru in a CoG zone by Clayton
Jones - on South Main Street, north of the Meridian Road and Main
Street intersection:
D.
Development Agreement: AZ. 02-011 Request for Annexation
and Zoning of 24.89 acres from R-T to CoG and R-40 zones for
proposed Fairview Lakes by Hopkins Financial Services, Inc. -
824 East Fairview Avenue:
E.
Finance Department: Finance Report:
F.
Change Order No.1, Tully Skate Park - Heartland
Construction:
Change Order No.2, Tully Skate Park - Heartland
Construction:
H.
Change Order No.1 (Final), Water Tower Recoating Project,
Consulting Services - CH2M.HiII:
Corrie: Item Number 3 is the Consent Agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I move that we approve the Consent Agenda as published and for the Mayor to
sign and the Clerk to attest on all applicable items.
De Weerd: Second.
Corrie: Okay motion has been made and seconded. Is there any further discussion?
Hearing none, roll call vote, Mr. Clerk.
Roll call vote: McCandless, aye; Nary, absent; DeWeerd, aye; Bird, aye.
Corrie: Okay. Motion is approved.