Cobblefield Crossing Subdivision AZ 02-024
PARTIES:
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 03126/03 02:45 PM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridian City
~ AMOUNT .00
39
1111111111111111111111111111111111 III
103049614
DEVELOPMENT AGREEMENT
1.
2.
3.
4.
City of Meridian
Don and Linda Huffman, Owners
Pacific Development, Inc., Owners
CMD, Inc., Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 21 tip day of /'H.AA. d..- , 2003, by and between CITY OF
MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY', and
DON AND LINDA HUFFMAN, hereinafter called "OWNERS", whose address is 4035
MEADOW WOOD DR., MERIDIAN, IDAHO 83642, and PACIFIC DEVELOPMENT,
INC., hereinafter called "OWNERS", whose address is 3101 W. CHAMPAGNE CT.,
EAGLE, IDAHO 83616, and CMD, INC., hereinafter called "DEVELOPER", whose
address is 1661 SHORELINE DR. BOISE, IDAHO BOISE, IDAHO 83702.
1.
RECITALS:
1.2
1.3
1.4
1.1
WHEREAS, "OWNERS" are the sole owners, in law and/or
equity, of certain tract ofland in the County of Ada, State ofIdaho,
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. § 67-651IA, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of fe-zoning
that the "Owners" 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 fe-zoning of
land; and
WHEREAS, "Owners" and "Developer" have submitted an
application for annexation and zoning ofthe "Property's"
described in Exhibit A, and has requested a designation of (R-8)
Medium Density Residential District, (Municipal Code of the City
of Meridian); and
DEVELOPMENT AGREEMENT (AZ-O2-024) - 1
1.5
1.6
1.7
WHEREAS, "Owners" and "Developer" made representations at
the public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
subject "Property" will be developed and what improvements will
be made; and
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
before the Planning & Zoning Commission, and subsequently
before the City Council, include responses of goverrunent
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment;
and
WHEREAS, City Council, the lit: day of ¡¿6I'1i2003, has
approved certain Findings of Fact and Conclusions 0 awand
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
1.8
WHEREAS, the Findings require the "Owners" and "Developer"
to enter into a development agreement before the City Council
takes fmal action on annexation and zoning designation; and
1.9
"OWNERS" 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
1.9
WHEREAS, "City" requires the "Owners" and "Developer" to
enter into a development agreement for the purpose of ensuring
that the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions of this
development agreement, herein being established as a result of
evidence received by 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, 2003, Resolution No. 02-382, and the
DEVELOPMENT AGREEMENT (AZ-O2-024) - 2
Zoning and Development Ordinances codified in Meridian City
Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be deemed and interpreted as
herein provided for, unless the clear context of the presentation of the same requires
otherwise:
3.1
3.2
3.3
3.4
4.
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and goverrunent
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.
"OWNERS": means and refers to Don and Linda Huffman, whose
address is 4035 Meadow Wood Dr., Meridian, Idaho 83642, and
Pacific Development, Inc., whose address is 3101 W. Champagne
Ct., Eagle, Idaho 83616, the parties developing said "Property" and
shall include any subsequent owner(s)/developer(s) of the
"Property".
"DEVELOPER": means and refers to CMD, Inc., whose address
is 1661 Shoreline Drive, Ste. 200, Boise, Idaho 83702, 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 attached hereto and by this reference incorporated
herein as if set forth at length.
USES PERMITTED BY THIS AGREEMENT:
DEVELOPMENT AGREEMENT (AZ-O2-024) - 3
4.1
The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian
City Code Section 11-7-2 (D.) which are herein specified as
follows:
Construction and development of single-family detached and
attached homes, with one existing single-family residence,
thirteen (13) landscaped common lots, two (2) open space/park
lots with six (6) workout center features in the open space lot
south of McMillan Road and a swimming pool, (73 building lots
and 15 other lots).
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and
"Developer" have 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 OFSUBJECT
PROPERTY:
6.A
"Owners" 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
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.
B.
Adopt the Recommendations of ACHD as follows:
1.
Site Specific Conditions of Approval
Dedicate 48-feet of right-of-way from the centerline of Linder Road and
McMillan Road abutting the parcel by means of a warranty deed. The
right-of-way purchase and sale agreement and deed must be completed and
DEVELOPMENT AGREEMENT (AZ-O2-024) - 4
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).
OR
Dedicate 38-feet of right-of-way from the centerline of Linder Road and
McMillan Road abutting the parcel by means of a warranty deed. The
right-of-way purchase and sale agreement and deed must be completed and
signed by the applicant prior to scheduling the finalplat 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 located 2-feet within the right-of-
way (if the dedicated right-of-way is 48-feet from centerline) or if the
sidewalk is outside of the right-of-way, place the sidewalk within an
easement.
3.
Construct the main entrance, Cobblefield Drive, to intersect Linder Road
approximately 140-feet north of the south property line, as proposed.
4.
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.
Construct a stub street to extend to the south property line approximately
I,OOO-feet east of Linder Road, as proposed. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
5.
DEVELOPMENT AGREEMENT (AZ-O2-024) - 5
Construct a stub street to extend to the north property line approximately
1,340- feet east of Linder Road, as proposed. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
Dedicate a "temporary stub street" to the District in the form of an
easement. The "temporary stub street" will be a 50-foot easement located
within the 50-foot flag approximately 760-feet north of the south property
line and will extend from the east property line to the west property line.
This easement may become a right-of-way in the future (at the sole
discretion of the District) at no cost to the District and the costs associated
with the construction of the street will be paid by the owner/developer and
placed within a Public Right's-of-Way Road Trust deposit. If the 50-foot
easement is not utilized to construct a stub street within five years
from the date of the signed final plat, the easement and the road trust
deposit will expire and revert back to the Owner/developer.
6.
7.
8.
Construct two knuckles with islands within the subdivision, as proposed.
Construct the islands within the knuckles to provide a minimum of 4-feet
in width with a minimum area of 100-square feet and provide a minimum
of a 29- foot street section for the roadway around the traffic island.
9.
Any proposed landscape islands/medians within the public right-of-way
indicated by this plat shall be owned and maintained by a homeowners
association. Notes of this are required on the final plat.
10.
Provide a minimum of21-feet measured from back of curb to back of curb
on either side of a proposed island or median.
11.
Enter into a development agreement regarding the location, costs and
terms associated with the "temporary stub street".
12.
Other than the access that has been approved with this application, direct
lot access to Linder Road and McMillan Road is prohibited.
13.
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.
DEVELOPMENT AGREEMENT (AZ-O2-024) - 6
2.
3.
4.
5.
All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
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.
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.
An 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 an 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 shan 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.
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
10.
DEVELOPMENT AGREEMENT (AZ-O2-024) - 7
C.
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 ofthis 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.
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 a duration of 2 hours to service the entire project. Fire
hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-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. It is recommended that a stub street
be extended to the East between Lots 16-18 on Block 3, to provide a second
point of access to the project. UFC 902.2.1 Revised plans that have been
submitted indicate a connection on the East end of the project.
DEVELOPMENT AGREEMENT (AZ-O2-024) - 8
D.
2.
3.
9.
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. Lots 8, 9, 10,
11,12, 13, 14, 15 on Block 4 shall be posted "No Parking Fire Lane". UFC
902.2
10.
Building setbacks shall be per the Building Code for one and two story
construction.
11.
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. The
lots adjacent to the knuckles on Blocks 6, 7, 8 & 9 shall be posted "No
Parking Fire Lane". UFC 902.2
Adopt the action of the City Council taken at their January 21,2003 meeting as
follows:
1.
Based upon the testimony at the City Council meeting on January 21,
2003, and the widely recognized need for infrastructure improvements
sooner, rather than later, especially as it respects large developments, the
Owner/Developer, as a 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.
For clarification, the stub streets shall remain as they are, but as the
Applicant develops Cobblefield II, the Applicant shall be required to work
with Brian English on where the stub street will be located on the English
property. Additionally, Brian English and Tanya Converse are encouraged
to work together to create a stub street that enables both of the properties
to have access off of Linder.
For clarification, so that the fencing matches the subdivision to the south,
fencing along Linder Road shall be vinyl. Additionally, the remaining
fencing may be cedar and shall require to be hot wired because ofthe
horses on the adjacent property, if such is necessary to keep the horses
from destroying the fence.
DEVELOPMENT AGREEMENT (AZ-O2-024) - 9
The Applicant, through public testimony during the January 21,2003
meeting, stated that the existing irrigation rights ofthe adjacent property
owners shall not be interfered with, and the irrigation shall remain as it
presently exists.
7. COMPLIANCE PERIODI CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "Owners" and "Developer" or "Owners" and
"Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions
Governing Development" of subject "Property" of this agreement within two years of the
date this Agreement is effective, and after the "City" has complied with the notice and
hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or
recodifications thereof.
4.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owners" and "Developer" consent upon default to the de-annexation
and/or a reversal of the zoning designation ofthe "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 "Owners" and "Developer" and if the
"Owners" and "Developer" fails to cure such failure within six (6)
months of such notice.
9. INSPECTION: "Owners" 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 "Owners" and "Developer", "Owners" and
"Developer's" heirs, successors, assigns, or subsequent owners of
the "Property" or any other person acquiring an interest in the
"Property", fail to faithfully comply with all of the terms and
conditions included in this Agreement in connection with the
DEVELOPMENT AGREEMENT (AZ-O2-024) - 10
10.2
"Property", this Agreement may be modified or terminated by the
"City" upon compliance with the requirements of the Zoning
Ordinance.
A waiver by "City" of any default by "Owners" 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
"Owners" and "Developer's" cost, and submit proof of such recording to "Owners" and
"Developer", prior to the third reading ofthe Meridian Zoning Ordinance in connection
with the annexation and zoning of the "Property" by the City Council. If for any reason
after such recordation, the City Council fails to adopt the ordinance in connection with
the annexation and zoning of the "Property" contemplated hereby, the "City" shall
execute and record an appropriate instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owners" 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 "Owners" and "Developer" shall have thirty
(30) days after delivery of notice ofsaid 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.
DEVELOPMENT AGREEMENT (AZ-O2-024) - 11
13.2
In the event the performance of any covenant to be performed
hereunder by either "Owner" and "Developer" or "City" is delayed
for causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time
of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure that installation of the
improvements, which the "Owners" and "Developer" agrees to provide, if required by the
"city".
15. CERTIFICATE OF OCCUPANCY: The "Owners" and "Developer"
agree that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" and "Owners" 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 "Owners" and
"Developer" agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation ifthe 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 tiITee (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY:
OWNERS:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
DON and LINDA HUFFMAN
4035 Meadow Wood Dr.
Meridian, Idaho 83642
PACIFIC DEVELOPMENT, INC.
DEVELOPMENT AGREEMENT (AZ-O2-024) - 12
3101 W. Champagne Ct.
Eagle, Idaho 83616
with copy to:
DEVELOPER:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
CMD. INC.
Douglas Campbell
1661 Shoreline Dr., Suite 200
Boise, Idaho 83702
17.1
A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable attorney's
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
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 "Owners" of the "Property", each
subsequent owner and any other person acquiring an interest in the "Property". Nothing
herein shall in any way prevent sale or alienation ofthe "Property", or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the conditions and
restrictions herein expressed. "City" agrees, upon written request of "Owners" and
"Developer", to execute appropriate and recordable evidence of termination of this
Agreement if "City", in its sole and reasonable discretion, had determined that "Owners"
and "Developer" has fully performed its obligations under this Agreement.
DEVELOPMENT AGREEMENT (AZ-O2-024) - 13
21. INVALID PROVISION: If any provision ofthis 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 "Owners" 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 "Owners" 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 shaH 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 ofthe 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-O2-024) - 14
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
0 WNERSfHUFFMAN :
BY_O-- dr~ )
Don Huffman
BY:~~
Lin Huffman
/~
OWNERS/PACIFIC DEVELOPMENT, INC.:
Attest:
Bg~ £jfP
BY: ...kt.s~ ~IJ.J
DEVELOPMENT AGREEMENT (AZ-O2-024) - 15
DEVELOPER:
CMD'a
BY ~
Douglas Campb
Attest:
BY: ~t).
CITY OF MERIDIAN
Attest:
DEVELOPMENT AGREEMENT (AZ-O2-024) - 16
STATEOFIDAHO )
: ss:
COUNTY OF ADA )
1'5c. dayof )')-¡Ql1C!.h , in the year 2003, before
me, a Notary Public, personally appeared DON
HUFFMAN and LINDA FMAN, husband and wife, known or identified to me to be the
persons who executed the instrument and acknowledged to me that they executed the same.
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who executed the instrument and acknowledged to me that they having executed the same on
behalf of said corporation.
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DEVELOPMENT AGREEMENT (AZ-01-003) - 17
STATE OF IDAHO )
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COUNTY OF ADA )
On this ~t gay of m~ , in the year
2003, before me, \:hJ ~rL a Notary Public, personally appeared
DOUGLAS CAMPBELL and ~ - , lrnown or
identified to me to be the and
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instrument and acknowledged to me that they having executed the same on behalf of said
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before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg,:Tt;.
know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said
City, and acknowledged to me that such City executed the same.
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DEVELOPMENT AGREEMENT (AZ-OI-OO3) -18
EXHIBIT A
Lel!al Description Of Proper tv
A parcel of land located within the Northwest y., of Section 36, Township
4 North, Range 1 West, B.M., Ada County, Idaho. Being further described
as follows:
Beginning at a point on the west line of the northwest y., of section 36,
Township 4 North, Range 1 West, BM from which the Northwest comer
of said section bears North 00°14'41" East, a distance of992.70 feet;
thence leaving said section line, South 89°26'20" East a distance of 639.88
feet;
thence North 26°08'40" East a distance of352.99 feet;
thence South 89°26'20" East a distance of 497.21 feet;
thence North 00°06' 40" East, to a point on the North line of said
Northwest y." a distance of673.66 feet;
thence continuing along said section line, South 89°24'35" East a distance
of51.57 feet;
thence leaving said section line, South 00°14'40" West a distance of
1318.40 feet;
thence North 89°26'20" West to a point on the aforementioned west
section line, a distance of 1341.28 feet;
thence continuing along said section line, North 00°14'37" East a distance
of326.39 feet to THE POINT OF BEGINNING.
Said parcel contains an area of approximately 15.39 acres.
BASIS OF BEARINGS:
The Record of Survey For Lester Updike, filed in the office of the Ada
County Recorder on September 22, 1993 as Instrument #9378386 taking
the west line of the Northwest y., as N 00°14'41" E
DEVELOPMENT AGREEMENT (AZ-01-003) -19
EXHIBIT B
Findin!!s of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-Ol-OO3) - 20
BEFORE THE MERIDIAN CITY COUNCIL
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The above entitled annexation and zoning application having come on for public hearing
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 15.4 ACRES FOR
PROPOSEDCOBBLEFIELD
CROSSING SUBDIVISION,
LOCATED AT 4450 N. LINDER
ROAD, MERIDIAN, IDAHO
CMD, INC.,
APPLICANT
C/C 01-21-03
Case No. AZ-O2-024
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
on January 21,2003, at the hour of 7:00 p.m., and David McKinnon Planner IT for the Planning
and Zoning Department, Brad Watson of the Public Works Department, Rod Ralphs, Tanya
Converse, and Brian English, 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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDMSION (AZ-O2-024)
and the Amended Comprehensive Plan of the City of Meridian adOP1ed August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3.
The property whiq¡ is the subject of the application for annexation and
zoning is described in the application, is approximately 15.4 acres in size and is located at 4450
N. Linder 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 subj ect property are Frank Fisher, 4450 N. Linder
Road, Meridian and Don Huffinan, 4035 Meadowwood, Meridian. Applicant is CMD, Inc.,
1661 Shoreline Drive, Ste. 200, Boise, Idaho 83702.
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.
7.
The subject property is bordered to the north by rural residential properties (5-acre
parcels), to the south by Baldwin Park Subdivision (R-8), to the east by agricultural land, and to
the west by Bridgetower Crossing Subdivision (office uses).
8.
The Applicant proposed to develop the subject property in the following manner:
single-family detached aÌ1d attached homes, with one existing single-family residence, thirteen
(13) landscaped colIÌ1I1on lots, two (2) open space/park lots with six (6) workout center features
in the open space lot south of McMillan Road and a swimming pool.
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 Low Density Residential, or Medium Density Residential, in accordance
with note number two (2) on the Land Use Map (allowing for an increase in density without a
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-O2-024)
Comprehensive Plan Amendment).
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 Brian English expressed in his letter
dated November 18, 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.
B.
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Annexation & 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.
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 the maximum allowable
density.
2.
Adopt the Recommendations of ACHD as follows:
Site StJecific Conditions of Approval
1.
Dedicate 48- feet of right-of-way from the centerline of Linder Road and
McMillan Road abutting the parcel by means of a warranty deed. The right-of-
way purchase and sale agreement and deed must be completed and signed by the
applicant prior to scheduling the final plat for signature by the ACHD
Commission or prior to issuance of a building pemrit(or other required permits),
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024)
wJ:úchever 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 ohpplication to the impact fee
administrator prior to breaking groWld, in accordance with the ACHD Ordinance
in effect at that time (currently Ordinance #195).
OR
Dedicate 38-feet of right-of-way from the centerline of Linder Road and
McMillan Road abutting the parcel by means of a warranty deed. The right-of-
way purchase and sale agreement and deed must be completed and signed by the
applicant prior to scheduling the final plat for signature by the ACHD
Commission or prior to issuance of a building pemrit (or other required pemrits),
whichever occurs firs!. 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 located 2-feet within the right-of-
way (if the dedicated right-of-way is 48.feet from centerline) or if the
sidewalk is outside of the right-of-way, place the sidewalk within an
easement.
3.
Construct the maID entrance, Cobblefield Drive, to intersect Linder Road
approximately 140-feet north of the south property line, as proposed.
4.
Construct all of the internal roadways as 36.foot street section with curb,
gutter and 5-foot concrete sidewalk within 50-feet ofright-of-way, as
proposed.
5.
Construct a stub street to extend to the south property line approximately
1,OOO-feet east of Linder Road., as proposed. Install a sign at the tenninus
of the roadway stating that, "THrS ROAD WILL BE EXTENDED IN
THE FUTURE".
6.
Consttuct a stub street to extend to the north property line approximately
1 ,340- feet east of Linder Road, as proposed. Install a sign at the tenninus
of the roadway stating that, "TIllS ROAD WIlL BE EXTENDED IN
THE FUTURE".
FINDINGS OF FACT AND CONCLUSIONS OF LAW -page4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA DON AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-O2-024)
7.
Dedicate a "temporary stub street" to the District in the form of an
easement The "temporary stub street" will be a 50.foot easement located
within the 50-foot flag approximately 760-feet north of the south property
line and will extend from the east property line to the west property line.
This easement may become a right-of-way in the future (at the sole
discretion of the District) at no cost to the District and the costs associated
with the construction of the street will be paid by the owner/developer and
placed within a Public Right's-of- Way Road Trust deposit. If the 50-foot
easement is not utilized to construct a stub street within five years
from the date of the signed final plat, the easement and the road trust
deposit will expire and revert back to the Owner/developer.
8.
Construct two knuckles with islands within the subdivision, as proposed.
Construct the islands within the knuCkles to provide a minimum of 4-feet
in width with a minimum area of 100-square feet and provide a minimum
of a 29-foot street section for the roadway around the traffic island.
9.
Any proposed landscape islands/medians within the public right-of-way
indicated by this plat shall be owned and maintained by a homeowners
association. Notes of this are required on the final plat.
10.
Provide a minimum of 21- feet measured from back of curb to back of curb
on either side of a proposed island or median.
11.
Enter into a development agreement regarding the location, costs and
terms associated with the "temporary stub street".
12.
Other than the access that has been approved with this application, direct
lot access to Linder Road and McMillan Road is prohibited.
13.
Comply with all Standard Conditions of Approval.
Standard Conditions of ApDrovai
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDMSION (AZ-O2-024)
4.
5.
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.
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 pennits), 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 nom the Ada COWlty 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,-regwations, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPUCA nON
FOR ANNEXA nON AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-O2-024)
C.
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 a duration of 2 hours to service the entire project. Fire hydrants shaIl be
placed an average of 400' aPart. 1991 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 fITe 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. It is recommended that a stub street be extended to
the East between Lots 16-18 on Block 3, to provide a second point of access to the
project. UFC 902.2.1 Revised plans that have been submitted indicate a connection
on the East end of the project.
9.
The roadways shaI1 be built to Ada County Highway Standards and shaIl have a clear
driving surface, available at all times, which is 20' wide. Lots 8, 9,10,11,12,13,14,
15 on Block 4 shall be posted "No Parking Fire Lane". UFC 902.2
10.
Building setbacks shall be per the Building Code for one and two story construction.
11.
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. The lots adjacent
to the knuckles on Blocks 6, 7, 8 & 9 shall be posted "No Parking Fire Lane".
UFC 902.2
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (Az.02-024)
D.
Adopt the action of the City Council taken at their January 21, 2003 meeting as follows:
1.
Based upon the testimony at the City Council meeting on January 21, 2003, and
the widely recognized need for infrastructure improvements sooner, rather than
later, especially as it respects large developments, the OwnerlDeveloper, as a
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 developerlACHD 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.
For clarification, the stub streets shall remain as they are, but as the Applicant
develops Cobblefield n, the Applicant shall be required to work closely with
Brian English on where the stub street will be located on the English property.
Additionally, Brian English and Tanya Converse are encouraged to work together
to create a stub street that enables both of the properties to have access off of
Linder. ,
3.
For clarification, so that the fencing matches the subdivision to the south, fencing
along Linder Road shall be vinyl. Additionally, the remaining fencing may be
cedar and shall require to be hot wired because of the horses on the adjacent
property, if such is necessary to keep the horses from destroying the fence.
4.
The Applicant, through public testimony during the January 21, 2003 meeting,
stated that the existing irrigation rights of the adjacent property owners shall not
be interfered with, and the irrigation shall remain as it presently exists.
13.
It is found that the requested zoning designation, R-8, is harmonious with and in
accordance with the effective Comprehensive Plan ('02) and Future Land Use Map, which
designates the land to be "Low Density Residential." While the proposed 5 + dwelling units per acre
density is not allowed under the "Low Density" designation, the Comprehensive Plan does allow a
density upgrade to "Medium" without a formal Comp Plan amendment.
future.
14.
It is not anticipated that the applicant intends to rezone the subject property in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 8
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-O2-024)
15.
It is found that the proposed single family residential subdivision will be allowed
witbm the requested R-8 zone, (if accompanied with an approved Conditional Use Permit for a
Planned Development).
16.
It is found thm: the land to the south 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. Additionally, the annexation and preliminary plat approval of
Bridgetower Crossing Subdivision immediately to the west signifies a change in the area that would
support the proposed use. ACHD has reviewed the adjacent street capacity and has approved the
proposed subdivision (with conditions).
17.
It is found that the proposed use (single family residential) will not change the
existing or intended character of the area, which is low to medium dènsity residential.
18.
It is not anticipated that the proposed residential uses will be hazardous or disturbing
to future or existing neighbors, as long as fencing ami other recommended conditions are exercised.
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.
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
FINDINGS OF FACT AND CONCWSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDNISION (AZ-O2-024)
other nuisances that would be detrimental to the general welfare of the SUlTOunding area. The fact is
also that traffic and noise will increase with the approval of this subdivision; however staff does not
feel that the amount generated will be detrimental to the public welfare of the city.
22.
It is found that the subdivision's vehicular approaches off ofN. Linder Road will
create new interference with the existing traffic on aforementioned roads, however staff does not
believe 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 FindIDgs 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
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION ANDZON1NG
COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024)
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-8) is defmed in the Zoning Ordinance
at § 11-7-2 D as follows:
(Ro8) Medium Densitv 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 wüts per acre. This District delineates those areas where such development has or
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIV£S10N (AZ-O2-024)
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.
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 Cityofidaho 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 inigationsystems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian,
8.
Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OFLA W, the City Council does hereby Order and this does
Order:
1.
The applicant's request for annexation and zoning of approximately 15.4 acres to
Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order
hereinafter stated.
2.
The application is for annexation and zoning of 15.4 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofidaho, and shall conform
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDMSION (AZ-O2-024)
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.
ß.
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Annexation & Zonine: Comments
1.
Remove any existing domestic wells andlor septic systems within this project from
their domestic service, per City Ordinance Section 5-7-517, when services are
available fto¡p. the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
A Development Agreemeni 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 the maximum allowable
density.
2.
Adopt the Recommendations of ACHD as follows:
Site SDecific Conditions of ADDroval
1.
Dedicate 48-feet of right-of-way from the centerline of Linder Road and
McMillan Road abutting the parcel by means of a warranty deed. The right-of-
way purchase and sale agreement and deed must be completed and signed by the
applicant prior to scheduling the fmaI 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).
OR
FINDlNGS OF FACT AND CONCLUSIONS OF LAW. Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSlNG SUBDMSION (AZ-O2-024)
Dedicate 38-feet of right-of-way from the centerline of Linder Road and
McMillan Road abutting the parcel by means of a warranty deed. The right-of-
way purchase and sale agreement and deed must be completed and signed by the
applicant prior to scheduling the fmal 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 à11 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 S-foot concrete sidewalk located 2-feet within the right-of-
way (if the dedicated right-of-way is 48-feet from centerline) or if the
sidewalk is outside of the right-of-way, place the sidewalk within an
easement.
3.
Construct the main entrance, Cobblefield Drive, to intersect Linder Road
approximately 140-feet north of the south property line, as proposed.
4.
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.
5.
Construct a stub street to extend to the south property line approximately
I,OOO-feet east of Under Road, as proposed. Install a sign at the tenninU5
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
6.
Construct a stub street to extend to the north property line approximately
1,340-feet east of Linder Road, as proposed. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WilL BE EXTENDED IN
THE FUTURE".
7.
Dedicate a "temporary stub street" to the District in the fonn of an
easement. The "temporary stub street" will be a 50-foot easement located
within the 50-foot flag approximately 760-feet north of the south property
line and will extend from the east property line to the west property line.
This easement ma.y become a right-of-way in the future (at the sole
discretion of the District) at no cost to the District and the costs associated
with the construction of the street will be paid by the owner/developer and
placed within a Public Right's-of-Way Road Trust deposit. If the 50-foot
easement is not utilized to construct a stub street within five years
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING
COBBLEFŒLD CROSSING SUBDMSION (AZ-O2-024)
4.
5.
from the date of the signed final plat, the easement and the road trust
deposit will expire and revert back to the Owner/developer.
8.
Construct two knuckles with islands within the subdivision, as proposed.
Construct the islands within the knuckles to provide a minimum of 4-feet
in width with a minimum area of 100.square feet and provide a minimum
of a 29-foot street section for the roadway around the traffic island.
9.
Any proposed landscape islands/medians within the public right-of-way
indicated by this plat shall be owned and maintained by a homeowners
association. Notes of this are required on the final plat.
10.
. Provide a minimum of 21-feet measÍ1red from back of curb to back of curb
on either side of a proposed island or median.
11.
Enter into a development agreement regarding the location, costs and
terms associated with the "temporary stub street".
12.
Other than the access that has been approved with this application, direct
lot access to Linder Road and McMillan Road is prohibited.
13.
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 of the proposed development Contact
Construction Services at 387-6280 (with file number) for details.
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.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page IS
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDMSION (AZ-O2-024)
c.
6.
The applicant shall submit revised plans for staff approval, prior to
issuance of building pennit (or other required permits), which incorporates any
. required design changes.
7.
Construction, use and property development shaii 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 shaI1 be upon the applicant to
obtain written confirmation of any change ftom 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.
Adopt the Recommendations of the Meridian Fire Department as follows:
1.
One and two tàmily dwellings will require a fire-flow of 1,000 gallons per minute
available for a duration of2 hours to service the entire project. Fire hydrants shaI1 be
placed an average of 400' apart. 1997 UFC Appendix ill-A
FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 16
AND DECISION AND ORDER GRANTING APPUCA nON
FOR ANNEXATION AND ZONING
COBBLEFffiLD CROSSING SUBDMSION (AZ-O2-024)
D.
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 req aired 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. It is recommended that a stub street be extended to
the East between Lots 16-18 on Block 3, to provide a second point of access to the
project. UFC 902.2.1 Revised plans that have been submitted indicate a connection
on the East end of the project.
9.
The roadways shall be built to Ada County Highway Standards and shall have a clear
driving surface, available at all times, wbichis 20' wide. Lots 8, 9,10,11,12,13,14,
15 on Block 4 shall be posted "No Parking Fire Lane". UFC 902.2
10.
Building setbacks shall be per the Building Code for one and two story construction.
11.
The roadways shaIl be built to Ada County Highway Standards and shall have a
clear driving surface, available at all times, which is 20' wide. The lots adjacent
to the knuckles on Blocks 6, 7, 8 & 9 shall be posted "No Parking Fire Lane".
UFC 902.2
Adopt the action of the City Council taken at their January 21, 2003 meeting as follows:
1.
Based upon the testimony at the City Council meeting on January 21, 2003, and
the widely recognized need for infrastrocture improvements sooner, rather than
later, especially as it respects large developments, the OwnerlDeveloper, as a
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
COBBLEFffiLD CROSSING SUBDIVISION (AZ-02-024)
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.
For clarification, the stub streets shall remain as they are, but as the Applicant
develops Cobblefield n, the Applícant shall be required to work with Brian
English on where the stub street will be located on the English property.
Additionally, Brian English and Tanya Converse are encouraged to work together
to create a stub street that enables both of the properties to have access off of
Linder.
3.
For clarification, so that the fencing matches the subdivision to the south, fencing
along Linder Road shall be vinyl. Additionally, the remaining fencing may be
cedar and shall require to be hot wired because of the horses on the adjacent
property, if such is necessary to keep the horses from destroying the fence.
4.
The Applícant, through public testimony during the January 21, 2003 meeting,
stated that the existing irrigation rights of the adjacent property owners shall not
be interfered with, and the irrigation shall remain as it presently exists.
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 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 Worb 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 - Page 18
AND DECISION AND ORDER GRANTING APPLrCATION
FOR ANNEXATION AND ZONING
COBBLEFIELD CROSSING SUBDIVISION (AZ-O2-024)
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
'lL -Y-- day of
¡¿~
,2003.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED~
COUNCILWOMAN TAMMY deWEERD
VOTED*
VOTED~
VOTED~
COUNCILWOMAN CHERIE Mc CANDLESS
COUNCILMAN WILLIAM L.M. NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 2.-1/-03
MOTION: .
APPROVED:~APPROVED:-
VOTED-==---
Copy served upon Applicant, the PIEUUlÌng and Zoning Department, Public Works Department and
the City Attorney. ,""""""",!,
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FINDINGS OF FACT ANLCONCLUSIONS OF LAW. Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FORANNEXATIONANDZONJNG .
COBBLEFIELD CROSSING SUBDMSION (AZ-O2-024)