Cedar Springs North Subdivision AZ 02-028
PARTIES:
1.
2.
,)K'
'fa.-
1111111111111111111111111111111111111
103192355
ADA CDUNTY RECDRDER J. DAVID NAVARRO
BOISE IDAHO 11/14103 12:08 PM
DEPUTY Kathy Ingraham
RECORDED-REQUEST OF
Cily 01 Meridian
AMOUNT .00
DEVELOPMENT AGREEMENT
City of Meridian
Howell-Murdoch Development Corporation, OwnerlDeveloper
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 10"'- day of ðG/tlbt-J ,2003, by and between CITY OF
MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY", and
HOWELL-MURDOCH DEVELOPMENT CORPORATION, whose address is 4822N.
Rosepoint, Suite C, Boise, Idaho 83713, hereinafter called "OWNERIDEVELOPER".
1.
RECITALS:
1.1
1.2
1.3
1.4
WHEREAS, "OwnerlDeveloper" 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 for each owner, which is attached hereto
and by this reference incorporated herein as if set forth in full,
herein after referred to as the "Property"; and
WHEREAS, I.C. §67-65l1A, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the "OwnerlDeveloper" 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 Il~15-l2 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
WHEREAS, "OwnerlDeveloper" has submitted an application for
annexation and zoning of the "Property" described in Exhibit A,
and has requested a designation of (R-8) Medium Density
Residential District and (L-O) Limited Office District, (Municipal
Code of the City of Meridian); and
1.5
WHEREAS, "OwnerlDeveloper" 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 (AZ-O2-028) - 1
1.6
1.7
1.8
1.9
1.10
WHEREAS, record ofthe proceedings for the requested
annexation and zoning designation of the subject "Property" held
before the Planning & Zoning Commission, and subsequently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment;
and
. {"-
WHEREAS, City Council, the ~ day of~, 2003, 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/Developer" enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
"OWNERIDEVELOPER" deem it to be in its best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and
requests; and
WHEREAS, "City" requires the "Owner/Developer" to enter into
a development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use ofthe "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 amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and the
Zoning and Development Ordinances codified in Meridian City
Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
DEVELOPMENT AGREEMENT (AZ-O2-028) - 2
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as
herein provided for, unless the clear context of the presentation of the same requires
otherwise:
3.1
3.2
3.3
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.
"OWNERIDEVELOPER": means and refers to Howell-Murdoch
Development Corporation, whose address is 4822 N. Rosepoint
Way, Suite C, Boise, Idaho 83713, 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" describing the parcels to be annexed and
zoned R-8 and L-O, and each owner's property is described in
Exhibit "A", attached hereto and by this reference incorporated
herein as if set forth at length.
USES PERMITTED BY THIS AGREEMENT:
4.1
4.2
The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian
City Code Section 11-7-2 (D. and G.) which are herein specified as
follows:
Development of Cedar Springs North Subdivision, 197
building lots (184 new single family detached, 1 Townhouse,
and 12 office), on 81.54 acres.
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT (AZ-O2-028) - 3
5. DEVELOPMENT IN CONDITIONAL USE: "OwnerlDeveloper" has
submitted to "City" an application for conditional use permit, and shall be required to
obtain the "City's" approval thereof, in accordance to the City's Zoning & Development
Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement
of construction of any buildings or improvements on the "Property" that require a
conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A
"Owner/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:
Annexation and Zoning Comments
1. Remove any existing domestic wells and/or septic systems within this
project from their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells maybe used for non-
domestic purposes such as landscape irrigation.
2. A Development Agreement shall be entered into between the City of
Meridian and the Applicant as part of the Annexation application. The Development
Agreement shall outline any special conditions placed upon the Preliminary Plat
application, including a non-development agreement on Lot 18, Block l3-which is
the area designated for a future single-family attached project-until an appropriate
application is approved for the project. The DA shall also include a temporary
building restriction on Lot 4, Block 13 to prohibit building on this lot until the
construction of the roadways in phase two of the subdivision to allow for emergency
vehicle access to McMillian Road. The density calculation for Lot 18 Block 5 shall
consider the entire Cedar Springs North Subdivision.
B.
Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-O2-028) - 4
1. Construct 5-foot concrete sidewalk ahutting McMillan Road located 2-feet
within the right-of-way. Ifthe sidewalk meanders outside of the right-of-way,
provide an easement for the sidewalk.
2. Construct all of the internal roadways as 36-foot street section with curb,
gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed.
3. Construct North Summit Way as a collector. Construct North Summit
Way as a collector roadway with a 33-foot street section with vertical curb, gutter
and 5-foot concrete sidewalk within 50-feet of right-of-way.
4. Provide a minimum of2l-feet measured ftom back of curb to back of curb
on either side of a proposed median.
5. Construct West Fallen Leaf Drive to extend to the east property line
approximately 480-feet north of the south property line, as proposed. Staff is
supportive of this location. Install a sign at the terminus of the roadway stating
that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
6. Construct West Stone Pond Drive to the west property line approximately
830-feet south of the north property line, as proposed. Install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
7. Extend North Portage Avenue from the south property line approximately
400-feet west of the east property line, as proposed.
8. Extend North Rhodes Avenue from the south property line approximately
lOa-feet east of the west property line, as proposed.
9. Extend West Yosemite Drive to the west property line approximately 170-
feet north of the south property line, as proposed.
10. Extend West White Sands Drive to the west property line approximately
1, 170-feet north of the south property line, as proposed.
11.
Construct 6-knuckles without center islands within them, as proposed.
12. Provide a minimum turning radius of 45-feet for all cul-de-sac
turnarounds.
DEVELOPMENT AGREEMENT (AZ-O2-028) - 5
13. Construct a roundabout on North Summit Way approximately 500-feet
south of McMillan Road, as proposed. Design the roundabout with a 21- foot
street section on either side of the center island without driveways accessing the
roundabout. Dedicate sufficient right-of-way on either side of an island.
Coordinate the size and design ofthe roundabout with traffic services staff.
14. Construct a shared driveway to be located on North Summit Way
approximately 260-feet south of McMillan Road, as proposed.
15. Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat shall be owned and maintained by a homeowners
association. Notes ofthis shall be required on the final plat.
16. The applicant shall enter into a development agreement with ACHD that
outlines right-of-way acquisition, costs, timing and payment; and shall also
include an agreement that this development shall be subject to any extraordinary
impact fee, LID or other funding source established by the District to improve the
surrounding roadways; or shall be subject to the development's proportionate
share of surrounding roadway improvements as established by the applicant's
traffic impact study.
17. Other than the access points specifically approved with this application,
direct lot access to McMillan Road and North Summit Way is prohibited. These
restrictions shall be noted on the final Plat.
18.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-
way.
2. All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may
be damaged during the construction ofthe proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
DEVELOPMENT AGREEMENT (AZ-O2-028) - 6
4. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact Construction Services at 387-
6280 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to
issuance of building permit (or other required permits), which incorporates any
required design changes.
7. Construction, use and property development shall be in conformance with
all applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #195, also known as Ada County
Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within
the right-of-way. Existing utilities damaged by the applicant shall be repaired by
the applicant at no cost to ACHD. The applicant shall be required to call
DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid
unless they are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is
the subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use ofthe subject property unless a
DEVELOPMENT AGREEMENT (AZ-O2-028) - 7
C.
5.
6.
7.
8.
9.
11.
12.
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
Adopt the Recommendations of the Meridian Fire Department as follows:
1.
One and two family dwellings will require a fire-flow of 1,000 gallons per
minute available for duration of 2 hours to service the entire project. Fire
hydrants shall be placed an average of400' apart. 1997UFC Appendix III-A
2.
Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3.
Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4.
The phasing plan may require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have a turn around.
All roads shall have a turning radius of28' inside and 48' outside.
Insure that all yet undeveloped parcels are maintained free of combustible
vegetation per section 1103 .2.4 of the Uniform Fire Code.
Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins. UFC 901.4.2 & 901.3
A minimum of two points of access will be required for any portion of the
project, which serves more than 50 homes. UFC 902.2.1
The roadways shall be built to Ada County Highway Standards and shall have a
clear driving surface, available at all times, which is 20' wide. This may affect
the landscape islands in Block 15 Lot 1, they may have to be posted "No
Parking Fire Lane". UFC 902.2
10.
Building setbacks shall be per the Building Code for one and two story
construction.
All building uses and occupancies will have to meet the separation
requirements of the Building Code.
A 20' wide temporary access road, capable of carrying an imposed weight
DEVELOPMENT AGREEMENT (AZ-O2-028) - 8
D.
load of 70,000 pounds will be required to access the project from McMillan
Road. The road will cross the Lemp Canal and access the project across lots
4 & 19 in Block 13.
Adopt the Recommendations of the Meridian Water Department as follows:
1.
Water mains will need to be extended north of Meridian Road and west on
McMillan Road.
E.
Adopt the Recommendations of Settler's Irrigation District as follows:
1. All irrigation and drainage facilities/easements will need to be protected
that are effected by this project. The facilities involved are the Coleman Lateral,
McKinney Lateral, and the Settlers (Lemp) Canal. The Coleman Lateral courses
along the eastern boundary, the McKinney Lateral courses through the northern
part ofthe property, and the Settlers Canal courses along the north boundary. A
license agreement needs to be in place prior to construction.
2.
All storm drainage must be retained on-site.
3.
Plan review/inspection fees shall be paid prior to any approvals.
4. The developer has indicated that SID will own, operate, and maintain the
pressure irrigation system. An agreement needs to be in place prior to the pre-
construction meeting.
F.
Adopt the Recommendations of Central District Health Department as follows:
1.
This proposal can be approved after written approval from appropriate
entities are submitted.
2.
The Applicant's central sewage and central water plans must be submitted
to and approved by the Idaho Department of Health & Welfare, Division
of Environmental Quality.
3.
Run-off is not to create a mosquito breeding problem.
4.
Stormwater shall be pretreated through a grassy swale prior to discharge to
the subsurface to prevent impact to groundwater and surface water quality.
DEVELOPMENT AGREEMENT (AZ-O2-028) - 9
5.
G.
The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
Adopt the action and/or comments of the City Council taken at their February 25,
2003 meeting as follows:
1.
Based upon the testimony at the February 25, 2003 hearing, and the widely
recognized need for infrastructure improvements sooner, rather than later,
especially as it respects large developments, the OwnerlDeveloper, as
condition of annexation and zoning, shall participate in the negotiations
with Ada County Highway District, and shall become a party to any
eventual agreements worked out by the developer/ACHD Group.
Therefore, as a condition of annexation, and as a condition of the
Development Agreement, Applicant shall participate in any road
infrastructure agreements negotiated with ACHD and shall faithfully
perform the terms of such agreement or agreements.
2.
The Applicant shall submit a Plan to the Planning and Zoning Department for
their approval and which Plan shall show what type of amenities shall be
placed upon the open spaces.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "OwnerlDeveloper" or "Owner/Developer's" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing
Development" of subject "Property" of this agreement within two years of the date
this Agreement is effective, and after the "City" has complied with the notice and
hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or
recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"OwnerlDeveloper" 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:
DEVELOPMENT AGREEMENT (AZ-O2-028) - 10
8.1
That the "City" provide written notice of any failure to comply
with this Agreement to "Owner/Developer" and if the
"Owner/Developer" fails to cure such failure within six (6) months
of such notice.
9. INSPECTION: "Owner/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
10.2
In the event "OwnerlDeveloper", "OwnerlDeveloper's" heirs,
successors, assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to
faithfully comply with all of the terms and conditions included in
this Agreement in connection with the "Property", this Agreement
maybe modified or terminated by the "City" upon compliance with
the requirements of the Zoning Ordinance.
A waiver by "City" of any default by "Owner/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.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer",
prior to the third reading of the Meridian Zoning Ordinance in connection with the
annexation and zoning of the "Property" by the City Council. If for any reason after such
recordation, the City Council fails to adopt the ordinance in connection 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 dilly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
DEVELOPMENT AGREEMENT (AZ-O2-028) - 11
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "OwnerlDeveloper", or by any successor or
successors in title or by 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
13.2
In the event of a material breach of this Agreement, the parties
agree that "City" and "Owner/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.
In the event the performance of any covenant to be performed
hereunder by either "OwnerlDeveloper" or "City" is delayed for
causes which are beyond the reasonable control ofthe 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 "OwnerlDeveloper" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees
that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Owner/Developer" has 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 "OwnerlDeveloper"
agrees to abide by all ordinances of the City of Meridian and the "Property" shall be
DEVELOPMENT AGREEMENT (AZ-O2-028) - 12
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.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY:
OWNERIDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Howell-Murdoch Development Corporation
4822 N. Rosepoint, Suite C
Boise, Idaho 83713
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
17.1
A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable attorney's
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
DEVELOPMENT AGREEMENT (AZ-O2-028) - 13
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/Developer", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Owner/Developer" has fully performed
its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "OwnerlDeveloper" 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
"OwnerlDeveloper" and "City", other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed
by them or their successors in interest or their assigns, and pursuant, with respect to
"City", to a duly adopted ordinance or resolution of "City".
22.1
No condition governing the uses and/or conditions governing development
of the subject "Property" herein provided for can be modified or amended
without the approval of the City Council after the "City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time of the proposed
amendment.
DEVELOPMENT AGREEMENT (AZ-O2-028) - 14
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-O2-028) - 15
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNERIDEVELOPER:
HOWELL-MURDOCH DEVELOPMENT
CORPORATION
BY~' rr ~
Attest:
BY:
Attest:
DEVELOPMENT AGREEMENT (AZ-O2-028) - 16
STATE OF IDAHO, )
:ss
COUNTY OF ADA )
On this /0 day of oJ- , in the year 2003, before
me, ~) ~7 \.Ù Il,~ a Notary Public, personally appeared Kevin Howell, aftI!!
"'- ~:r~ - known or identified to me to be the
~ ~ of HOWELL-
MURDOCt: DEVELOPM CORPORATION, and the persons who executed the
instrument and acknowledged to me that they having executed the same on behalf of said
HOWELL-MURDOCH DEVELOPMENT CORPORATION.
(SEAL)
STATE OF IDAHO)
:ss
County of Ada
On this 5-111 day of tlvvf/wlJw¡ , in the year 2003,
before me, a Notary Public, personally appeared ~¡t;!¡ld WilliamG. Berg,
known or identified to me to be &£,~ M}d Çl*f,' ¡'~šPèß'tlVefY,õfthe City of
Meridian, who executed the instMï\.e'h'to~lt~~þ'!f'rsons that executed the instrument on
behalf of said City, and acknowledged to me that such City executed the same.
(SEAL)
----N....-
.-~--§.A.;.-.
.~-;"o'[A4V.;.f.
.I;,J/';: ;¡"\'P~
: í \ :
. I ..
. . . .
..\ /:
.. d\"'!'lJm..~ç.~~_.
-..l:i,?i----1.Q"""'-
.....&'...--
ShfM mÅyYlA+L
Notary Public for Idaho
Residi~g ~t: ~ CD~ ,JA~l-O
Commission expires: If-2'l,-()5
Z:\Work\M\Meridlan\Meridian 15360MlCedar Springs North Suh AZ-O2-02S PP-02-0271DevelopAgr.doe
DEVELOPMENT AGREEMENT (AZ-O2-028) - 17
EXHIBIT A
Lel!al Description Of Property
CEDAR SPRINGS NORTH
ZONE R-8
PARCEL DESCRIPTION
A parcel ofland, being a portion of the West Yz ofthe Northeast y., of
Section 36, TAN., R1W., B.M., Ada County, Idaho, being more particularly described as
follows:
Commencing at the North y., corner of said Section 36 marked by a found
Yz" iron pin, thence along the northerly boundary of Section 36 South 89°27'39" East,
549.70 feet to the POINT OF BEGINNING;
thence continuing along the Northerly boundary of Section 36, South
89°27'39" East, 791.15 feet to the Northeast corner ofsaid West Yz of the Northeast y., of
Section 36;
thence leaving said Northerly boundary, South 00°28'44" West, 2,653.26
feet to the Southeast corner of said West Yz of the Northeast y., of Section 36;
thence along the East-West center line of said Section 36, North
89°09'38" West, 1,340.20 feet to the Center y., of Section 36 marked by a found 5/8" iron
pin stamped "PLS 8248";
thence along the North-South center line of said Section 36, North
00°27' 51" East, 1990.67 feet to a point;
thence leaving said North-South center line, South 89°32'09" East, 244.20
feet to a point;
thence South 00°27'51" West, 65.00 feet to a point;
thence South 89°32'09" East, 139.80 feet to a point;
thence South 85°27'40" East, 76.57 feet to a point on a non-tangent curve;
DEVELOPMENT AGREEMENT (AZ-O2-028) - 18
thence along curve to the right 206.60 feet, said curve having a radius of
108.00 feet, a central angle of 109°36'08", tangents of153.11 feet, and a chord of176.5l
feet which bears North 26°07'25" East to a point of non-tangency;
thence North 21 °32'21" East, 7.05 feet to a point of curvature;
thence along said curve to the left 53.15 feet, said curve having a radius of
145.00 feet, a central angle of21 °00'00", tangents of26.87 feet, and a chord of 52.84 feet
which bears North 11 °02'21" East to a point of tangency;
thence North 00°32'21" East, 507.66 feet to the POINT OF BEGINNING.
Said parcel containing 73.13 acres more or less.
AND
CEDAR SPRiNGS NORTH
ZONE L-O
PARCEL DESCRIPTION
A parcel ofland, being a portion ofthe West Yz of the Northeast Y. of
Section 36, TAN., Rl W., B.M., Ada County, Idaho, being more particularly described as
follows:
Commencing at the North Y. corner of said Section 36 marked by a found
Yz" iron pin, being the POINT OF BEGINNING;
thence along said Northerly boundary, South 89°27'39" East, 549.70 feet
to a point;
thence leaving said Northerly boundary, South 00°32'21" West, 507.66
feet to a point of curvature;
thence along said curve to the right 53.15 feet, said curve having a radius
of 145.00 feet, a central angle of2l °00'00", tangents of26.87 feet, and a chord of52.84
feet which bears South 11 °02'21" West to a point of tangency;
thence South 21 °32'21" West, 7.05 feet to a point on a non-tangent curve;
DEVELOPMENT AGREEMENT (AZ-O2-028) - 19
thence along said curve to the left 206.60 feet, said curve having a radius
of 108.00 feet, a central angle of 109°36'08", tangents of 153.11 feet, and a chord of
176.51 feet which bears South 26°07'25" West to a point of non-tangency;
thence North 85°27'40" West, 76.57 feet to a point;
thence North 89°32'09" West, 139.80 feet to a point;
thence North 00°27'51" East, 65.00 feet to a point;
thence North 89°32'09" West, 244.20 feet to a point on the North-South
center line of said Section 36;
thence along said North-South center line, North 00°27'51" East, 655.57
feet to the POINT OF BEGINNING.
Said parcel containing 8041 acres more or less.
DEVELOPMENT AGREEMENT (AZ-O2-028) - 20
EXHIBIT B
Findinl!:s of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-O2-028) - 21
(
(
BEFORE THE MERIDIAN CITY COUNCIL
RECEIVED
MAR 0 5 2003
City Of Meridian
City Clerk Office
C/C 02-25-03
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION )
AND ZONING OF 81.54 ACRES )
FOR PROPOSED CEDAR SPRINGS)
NORTH SUBDIVISION, LOCATED)
ON THE SOUTH SIDE OF W. )
McMILLAN ROAD, ~ MILE WEST)
OF N. MERIDIAN ROAD, )
MERIDIAN, IDAHO )
)
)
)
)
Case No. AZ-O2-028
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
HOWELL-MURDOCH
DEVELOPMENT CORPORATION,
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on February 25, 2003, at the hour of 7:00 p.m., and David McKinnon Planner n for the Planning
and Zoning Department, Darin Fluke, and Kevin Howell, 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 Amended Comprehensive Plan of the City of Meridian adopted August 6,2002,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
CEDAR SPRJNGS NORTH SUBDMSION (AZ-O2-028)
(
Resolution No. 02-382, 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, is approximately 81.54 acres in size and is located on the
south side ofW. McMillan Road, Yo mile west ofN. Meridian Road, Meridian, all within the
Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined
in the Meridian Comprehensive Plan.
4.
The owners of record of the subject property are Howell-Murdoch Development
Corporation, 4822 N. Rosepoint Way, Suite C, Boise, Idaho, and Chukar Estates, LLC, 4487 N.
Dresden Place, Suite 102, Boise, Idaho 83714. The applicant is Howell-Murdoch Development
Corporation, 4822 N. Rosepoint Way, Suite C, Boise, Idaho.
5.
The property is presently zoned RUT (Ada County), and consists of vacant land.
6.
The Applicant requests the property be zoned as R-8 (Medium Density
Residential District) and L-O (Limited Office).
7.
The subject property is bordered to the north and east by rural residential and
agricultural properties, to the south by Cedar Springs Subdivision, to the west by rural property
and Baldwin Park Subdivision.
8.
The Applicant proposes to develop the subject property in the following manner:
Cedar Springs North Subdivision, I 97building lots (184 new single family detached, 1
Townhouse, and 12 office), on 81.54 acres.
9.
The Applicant requests zoning of the subject real property as R-8, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as follows: Medium Density Residential and Office. The northwest comer
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
CEDAR SPRINGS NORTH SUBDMSION (AZ-O2-028)
(
of the parcel is designated as Office or High Density Residential.
10.
There are no significant or scenic features of major importance that affect the
consideration of this application.
11.
The City Council recognizes the concerns of Wendel Bigham, Joint School
District No.2, in a letter dated November 4, 2002.
12.
Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A.
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Annexation and Zoning Comments
I. Remove any existing domestic wells and/or septic systems within this project
from their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such
as landscape irrigation.
2. A Development Agreement shall be entered into between the City of Meridian and
the Applicant as part of the Annexation application. The Development Agreement shall
outline any special conditions placed upon the Preliminary Plat application, including a non-
development agreement on Lot 18, Block 13-which is the area designated for a future
single-family attached project-until an appropriate application is approved for the project.
The DA shall also include a temporary building restriction on Lot 4, Block 13 to prohibit
building on this lot until the construction of the roadways in phase two of the subdivision to
allow for emergency vehicle access to McMillian Road. The density calculation for Lot 18
Block 5 shall consider the entire Cedar Springs North Subdivision;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPliCATION
FOR ANNEXATION AND ZONING
CEDAR SPRINGS NORTH SUBDIVISION (AZ-O2-028)
(
B.
Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
I. Construct s-foot concrete sidewalk abutting McMillan Road located 2-feet within
the right-of-way. If the sidewalk meanders outside of the right-of-way, provide an
easement for the sidewalk.
2. Construct all of the internal roadways as 36-foot street section with curb, gutter
and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed.
3. Construct North Summit Way as a collector. Construct North Summit Way as a
collector roadway with a 33-foot street section with vertical curb, gutter and 5-foot
concrete sidewalk within 50-feet of right-of-way.
4. Provide a minimum of21-feet measured ftom back of curb to back of curb on
either side of a proposed median.
5. Construct West Fallen Leaf Drive to extend to the east property line
approximately 480-feet north of the south property line, as proposed. Staff is supportive
of this location. Install a sign at the terminus of the roadway stating that, "THIS ROAD
WILL BE EXTENDED IN THE FUTURE".
6. Construct West Stone Pond Drive to the west property line approximately 830-
feet south of the north property line, as proposed. Install a sign at the terminus of the
roadway stating that, "TillS ROAD WILL BE EXTENDED IN THE FUTURE".
7. Extend North Portage Avenue ftom the south property line approximately 400-
feet west of the east property line, as proposed.
8. Extend North Rhodes Avenue from the south property line approximately lOO-
feet east of the west property line, as proposed.
9. Extend West Yosemite Drive to the west property line approximately 170-feet
north of the south property line, as proposed.
10. Extend West White Sands Drive to the west property line approximately 1,170-
feet north of the south property line, as proposed.
11.
Construct 6-knuckles without center islands within them, as proposed.
12.
Provide a minimum turning radius of 4s-feet for all cul-de-sac turnarounds.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
CEDAR SPRINGS NORTH SUBDIVISION (AZ-O2-028)
(
13. Construct a roundabout on North Summit Way approximately 500-feet south of
McMillan Road, as proposed. Design the roundabout with a 21-foot street section on
either side of the center island without driveways accessing the roundabout. Dedicate
sufficient right-of-way on either side of an island. Coordinate the size and design of the
roundabout with traffic services staff.
14. Construct a shared driveway to be located on North Summit Way approximately
260-feet south of McMillan Road, as proposed.
15. Any proposed landscape islands/medians within the public right-of-way dedicated
by this plat shall be owned and maintained by a homeowners association. Notes of this
shall be required on the final plat.
16. The applicant shall enter into a development agreement with ACHD that outlines
right-of-way acquisition, costs, timing and payment; and shall also include an agreement
that this development shall be subject to any extraordinary impact fee, LID or other
funding source established by the District to improve the surrounding roadways; or shall
be subj ect to the development's proportionate share of surrounding roadway
improvements as established by the applicant's traffic impact study.
17. Other than the access points specifically approved with this application, direct lot
access to McMillan Road and North Summit Way is prohibited. These restrictions shall
be noted on the final Plat.
18.
Comply with all Standard Conditions of Approval.
Standard Conditions of Aonroval
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280 (with file
numbers) for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
CEDAR SPRINGS NORTH SUBDMSION (AZ-O2-028)
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State ofIdaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-
342-1585) at least two full business days prior to breaking ground within ACHD right-of-
way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall be
upon the applicant to obtain written confirmation of any change from the Ada County
Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at the
time the applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
CEDAR SPRINGS NORTH SUBDIVISION (AZ-O2-028)
C.
8.
9.
10.
11.
12.
(5 .
Adopt the Recommendations of the Meridian Fire Department as follows:
1.
One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart. 1997 UFC Appendix III-A
2.
Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3.
Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4.
The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have a turn around.
5.
All roads shall have a turning radius of28' inside and 48' outside.
6.
Insure that all yet undeveloped parcels are maintained free of combustible
vegetation per section 1103.2.4 of the Uniform Fire Code.
7.
Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes. UFC 902.2.1
The roadways sha11 be built to Ada County Highway Standards and shall have a clear
driving surface, available at all times, which is 20' wide. This may affect the landscape
islands in Block 15 Lot I, they may have to be posted "No Parking Fire Lane". UFC
902.2
Building setbacks shall be per the Building Code for one and two story construction.
All building uses and occupancies will have to meet the separation requirements of
the Building Code.
A 20' wide temporary access road, capable of carrying an imposed weight load of
70,000 pounds will be required to access the project from McMillan Road. The road
will cross the Lemp Canal and access the project across lots 4 & 19 in Block 13.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING
CEDAR SPRINGS NORTH SUBDIVISION (AZ-O2-028)
D.
E.
F.
4.
5.
Adopt the Recommendations of the Meridian Water Department as follows:
1.
Water mains will need to be extended north of Meridian Road and west on McMillan
Road.
Adopt the Recommendations of Settler's Irrigation District as follows:
1. All irrigation and drainage facilities/easements will need to be protected that are
effected by this project. The facilities involved are the Coleman Lateral, McKinney
Lateral, and the Settlers (Lemp) Canal. The Coleman Lateral courses along the eastern
boundary, the McKinney Lateral courses through the northern part of the property, and
the Settlers Canal courses along the north boundary. A license agreement needs to be in
place prior to construction.
2.
All storm drainage must be retained on-site.
3.
Plan review/inspection fees shall be paid prior to any approvals.
4. The developer has indicated that SID will own, operate, and maintain the pressure
irrigation system. An agreement needs to be in place prior to the pre-construction
meeting.
Adopt the Recommendations of Central District Health Department as follows:
1.
This proposal can be approved after written approval nom appropriate entities are
submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3.
Run-off is not to create a mosquito breeding problem.
Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONJNG
CEDAR SPRINGS NORTH SUBDIVISION (AZ-O2-028)
¿
G.
Adopt the action and/or cornmentsofthe City Council taken at their February 25,2003
meeting as follows:
1.
Based upon the testimony at the February 25,2003 hearing, and the widely
recognized need for inftastructure improvements sooner, rather than later,
especially as it respects large developments, the Owner/Developer, as condition of
. annexation and zoning, shall participate in the negotiations with Ada County
Highway District, and shall become a party to any eventual agreements worked
out by the developer/ ACHD Group.
Therefore, as a condition of annexation, and as a condition of the Development
Agreement, Applicant shall participate in any road infrastructure agreements
negotiated with ACHD and shall faithfully perform the terms of such agreement
or agreements.
13.
It is found that the requested zoning designation, R-8 and L-O, are harmonious with
and in accordance with the effective Comprehensive Plan ('02) and Future Land Use Map. The
northwest corner of the parcel is designated as Office or High Density Residential in the
Comprehensive Plan. The proposed office park generally follows the area designated for office on
the Future Land Use Map. The remainder of the parcel is designated for Medium Density
Residential (3 to 8 dwelling units per acre). The single-family detached area (61.56 acres) has a
density of 3.6 dwelling units per acre after subtracting out the cornmonopen space (11.33 acres).
The single-family attached area (11.57 acres) is proposed to have a density up to 10 dwelling units
per acre. While in isolation, this area could be considered to exceed the allowed density, if the entire
project is factored together, the overall density would be just over 4 dwelling units per acre, well
within the range allowed by the Comprehensive Plan. In addition, the Comprehensive Plan states
that the applicant may request a "one step" increase from medium to high density without a formal
Comprehensive Plan Amendment. It is supported that the proposed densities meet the intent of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
CEDAR SPRINGS NORTH SUBDIVISION (AZ-O2-028)
~-
Comprehensive Plan.
14.
It is not anticipated that the applicant intends to rezone the subject property in the
future.
15.
It is found that the proposed single family detached, single family attached, and office
areas will be allowed within the requested R-8 and L-O zones.
16.
It is found that the land to the south and west is being developed in a manner similar
to the proposed subdivision. It is also found that the requested zoning designation of R-8 is
harmonious with the recently approved adjacent development (Baldwin Park), also zoned R-8, and
may be rezoned in the requested manner. ACHD has reviewed the adjacent street capacity and has
approved the proposed subdivision (with conditions).
17.
It is found that the proposed uses (single family residential and office) are designed
appropriately to match with the existing and intended character of the general vicinity. Any change
in the existing character of the area is in harmony with the intended future land use envisioned by the
Comprehensive Plan.
18.
It is not anticipated that the proposed residential and office uses will be hazardous or
disturbing to future or existing neighbors, as long as the recommended conditions of approval are
complied with.
19.
It is found that the property to be annexed will be served adequately by all essential
public facilities and services. Applicant shall be required to extend water and sanitary sewer mains
to and through the proposed development, thereby making them available to the adjacent properties.
Review of the ACHD, Police and Fire Department's comments concerning this subdivision will
provide further information regarding public services.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
CEDAR SPRINGS NORTH SUBDMSION (AZ-02-028)
(,)
20.
It is found that there will not be excessive additional requirements at public cost and
that the annexation and zoning will not be detrimental to the community's economic welfare.
21.
It is found that the proposed subdivision will not create excessive traffic, noise or
other nuisances that would be detrimental to the general welfare of the surrounding area. The fact is
also that traffic and noise will increase with the approval of this subdivision; however it is felt that
the amount generated wili not be detrimental to the public welfare of the city.
22.
It is found that the subdivision's vehicular approaches off of McMillan Road will
create new traffic on surrounding roads. However, it is not believed that the subdivision entrances
will cause significant interference on the surrounding public streets. Review ACHD comments
concerning vehicular approaches and traffic generation.
23.
It is found that no natural or scenic features of major importance will be lost or
damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are
removed shall be mitigated for, per the Landscape Ordinance.
24.
It is found that the annexation of this property would be in the best interest of the
City.
25.
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. 12, 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.
26.
It is also found that the development considerations as referenced in Finding No.
12 are reasonable to require and must be taken into account, in order to assure the proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
CEDAR SPRINGS NORTH SUBDIVISION (AZ-O2-028)
(-
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be 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.
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
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 Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4.
The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Goals I through 10, inclusive.
5.
The zoning of Medium Density Residential (R-B) and Limited Office (L-O) are
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
CEDAR SPRINGS NORTH SUBDIVISION (AZ-O2-028)
l
defined in the Zoning Ordinance at § 11-7-2 D and G as follows:
(R-8) Medium Density Residential District: The purpose of the R-8 District is to permit
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those areas where such development has or
is likely to occur in accord with the Comprehensive Plan of the City and is also designed to
permit the conversion of large homes into tow-family dwellings in well-established
neighborhoods of comparable land use. Connection to the Municipal water and sewer
systems of the City is required.
AND
(L-O) Limited Office District: The purpose of the L-O District is to permit the
establishment of groupings of professional, research, executive, administrative, accounting,
clerical, stenographic, public service and similar uses. Research uses shall not involve heavy
testing operations of any kind or product manufacturing of such a nature to create noise,
vibration or emissions of a nature offensive to the overall purpose of this District. The L-O
District is designed to act as a buffer between other more intense nonresidential uses and
high density residential uses, and is thus a transitional use. Connection to the Municipal
water and sewer system of the City is a requirement in this District.
6.
Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt vs. The CitY ofIdaho Falls. 105
Idaho 65, 665 P2d 1075 (1983).
7.
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8.
Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPUCA TION
FOR ANNEXATION AND ZONlNG
CEDAR SPRINGS NORTH SUBDIVISION (AZ-02-028)
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
1.
The applicant's request for annexation and zoning ofapproximately 81.54 acres to
Medium Density Residential (R-8) and Limited Office District (L-O) is granted subject to the terms
and conditions of this Order hereinafter stated.
2.
The application is for annexation and zoning of 81.54 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description 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:
Annexation and Zoninl! Comments
1. Remove any existing domestic wells and/or septic systems within this project
from their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such
as landscape irrigation.
2. A Development Agreement shall be entered into between the City of Meridian and
the Applicant as part of the Annexation application. The Development Agreement shall
outline any special conditions placed upon the Preliminary Plat application, including a non-
development agreement on Lot 18, Block 13-which is the area designated for a future
single-family attached project-until an appropriate application is approved for the project.
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 14
AND DECISION AND ORDER GRANTING APPliCATION
FOR ANNEXATION AND ZONING
CEDAR SPRINGS NORm SUBDIVISION (AZ-O2-028)
c
The DA shall alSCi include a temporary building restriction on Lot 4, Block 13 to prohibit
buildU1g on this lot until the construction of the roadways in phase two of the subdivision to
allow for emergency vehicle access to McMillian Road The density calculation for Lot 18
Block 5 shall consider the entire Cedar Springs North Subdivision
B.
Adopt the Recommendations of ACHD as follows:
Site Snecific Conditions of AnDroval
1. Construct 5-foot concrete sidewalk abutting McMillan Road located 2-feet within the
right-of-way. If the sidewalk meanders outside of the right-of-way, provide an easement
for the sidewalk.
2. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5-
foot concrete sidewalk within 50-feet of right-of-way, as proposed.
3. Construct North Summit Way as a collector. Construct North Summit Way as a
collector roadway with a 33-foot street section with vertical curb, gutter and 5-foot
concrete sidewalk within 50-feet of right-of-way.
4. Provide a minimum of21-feet measured from back of curb to back of curb on either
side of a proposed median.
5. Construct West Fallen Leaf Drive to extend to the east property line approximately
480-feet north of the south property line, as proposed. Staff is supportive of this location.
Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE".
6. Construct West Stone Pond Drive to the west property line approximately 830-feet
south of the north property line, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
7. Extend North Portage Avenue from the south property line approximately 400-feet
west of the east property line, as proposed.
8. Extend North Rhodes Avenue from the south property line approximately 100-feet
east of the west property line, as proposed.
9. Extend West Yosemite Drive to the west property line approximately l70-feet north
of the south property line, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
CEDAR SPRINGS NORTII SUBDIVISION (AZ-O2-028)
C"
(
10. Extend West White Sands Drive to the west property line approximately 1, 170-feet
north of the south property line, as proposed.
11. Construct 6-knuckles without center islands within them, as proposed.
12. Provide a minimum turning radius of 45-feet for all cul-de-sac turnarounds.
13. Construct a roundabout on North Summit Way approximately 500-feet south of
McMillan Road, as proposed. Design the roundabout with a 2 I-foot street section on
either side of the center island without driveways accessing the roundabout. Dedicate
sufficient right-of-way on either side of an island. Coordinate the size and design of the
roundabout with traffic services staff.
14. Construct a shared driveway to be located on North Summit Way approximately 260-
feet south of McMillan Road, as proposed.
15. Any proposed landscape islands/medians within the public right-of-way dedicated by
this plat shall be owned and maintained by a homeowners association. Notes of this shall
be required on the final plat.
16. The applicant shall enter into a development agreement with ACHD that outlines
right-of-way acquisition, costs, timing and payment; and shall also include an agreement
that this development shall he subject to any extraordinary impact fee, LID or other
funding source established by the District to improve the surrounding roadways; or shall
be subject to the development's proportionate share of surrounding roadway
improvements as established by the applicant's traffic impact study.
17. Other than the access points specifically approved with this application, direct lot
access to McMillan Road and North Summit Way is prohibited. These restrictions shall
be noted on the final Plat.
18. Comply with all Standard Conditions of Approval.
Standard Conditions of ADDroval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 16
AND DECISION AND millER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
CEDAR SPRINGS NORTH SUBDMSION (AZ-O2-028)
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Uûlity street cuts in pavement less than five years old are not allowed unless approved
in writing by the District. Contact Construction Services at 387-6280 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State ofIdaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway DistrictRoad
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-
of-way. Existing utilities damaged by the applicant shall be repaired by the applicant
at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-
1585) at least two full business days prior to breaking ground within ACHD right-of-
way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are
in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall
be upon the applicant to obtain written confirmation of any change from the Ada
County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING
CEDAR SPRINGS NORTH SUBDIVISION (AZ-O2-028)
C.
9.
10.
11.
12.
c
(C
change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
the change in use is sought.
Adopt the Recommendations of the Meridian Fire Department as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of2 hours to service the entire project. Fire hydrants shal1 be placed
an average of 400' apart. 1997 UFC Appendix III-A
2.
Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3.
Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4.
The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have a turn around.
5.
All roads shall have a turning radius of28' inside and 48' outside.
6.
Insure that all yet undeveloped parcels are maintained free of combustible
vegetation per section 1103.2.4 of the Uniform Fire Code.
7.
Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
8.
A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes. UFC 902.2.1
The roadways shall be built to Ada County Highway Standards and shall have a clear
driving surface, available at all times, which is 20' wide. This may affect the landscape
islands in Block 15 Lot 1, they may have to be posted "No Parking Fire Lane". UFC
902.2
Building setbacks shall be per the Building Code for one and two story construction.
All building uses and occupancies will have to meet the separation requirements of
the Building Code.
A 20' wide temporary access road, capable of carrying an imposed weight load of
70,000 pounds will be required to access the project from McMillan Road. The road
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONJNG
CEDAR SPRINGS NORTH SUBDMSION (AZ-O2-028)
D.
l
will cross the Lemp Canal and access the project across lots 4 & 19 in Block 13.
Adopt the Recommendations of the Meridian Water Department as follows:
1.
Water mains will need to be extended north of Meridian Road and west on McMìllan
Road.
E.
Adopt the Recommendations of Settler's hrigation District as follows:
1. All irrigation and drainage facilities/easements will need to be protected that are
effected by this project. The facilities involved are the Coleman Lateral, McKinney
Lateral, and the Settlers (Lemp) Canal. The Coleman Lateral courses along the eastern
boundary, the McKinney Lateral courses through the northern part of the property, and
the Settlers Canal courses along the north boundary. A license agreement needs to be in
place prior to construction.
F.
2.
All storm drainage must be retained on-site.
3.
Plan review/inspection fees shall be paid prior to any approvals.
4. The developer has indicated that SID will own, operate, and maintain the pressure
irrigation system. An agreement needs to be in place prior to the pre-construction
meeting.
Adopt the Recommendations of Central District Health Department as follows:
1.
This proposal can be approved after written approval from appropriate entities are
submitted.
2.
The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3.
Run-off is not to create a mosquito breeding problem.
4.
Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
s.
The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPUCA TlON
FOR ANNEXATION AND ZONING
CEDAR SPRINGS NORTH SUBDIVISION (AZ-O2-028)
(
c:
degradation.
H.
Adopt the action and/or comments of the City Council taken at their February 25, 2003
meeting as follows:
1.
Based upon the testimony at the February 25, 2003 hearing, and the widely
recognized need for inftastructure improvements sooner, rather than later,
especially as it respects large developments, the OwnerlDeveloper, as condition of
annexation and zoning, shall participate in the negotiations with Ada County
Highway District, and shall become a party to any eventual agreements worked
out by the developer/ACHD Group.
Therefore, as a condition of annexation, and as a condition of the Development
Agreement, Applicant shall participate in any road inftastructure agreements
negotiated with ACHD and shall faithfully perform the terms of such agreement
or agreements.
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-8) Medium Density Residential District and (L-O) Limited Office District, and
Meridian City Code § 11-7-2.
5.
Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes 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
which may be adversely affected by the issuance or denial of the annexation and zoning and who
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
CEDAR SPRINGS NORTH SUBDMSION (AZ-O2-028)
(
may within twenty-eight (28) days after the date of this decision and order seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
¡fA-
I - day of
fI1lJ/t.v£
,2003.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED~
COUNCILWOMAN TAMMY deWEERD
VOTED~
COUNCIL WOMAN CHERIE Mc CANDLESS
VOTED #-~
VOTED~
COUNCILMAN WILLIAM L.M. NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: .$-1/-&3
VOTED-=
MOTION:
APPROVED :I&t~DiSAPPR 0 VED :
- -
B¿~ ~ ~f~ted:
ity Clerk
$.,,/ Z. -() 3
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
CEDAR SPRINGS NORTH SUBDIVISION (AZ-O2.028)