Cooper Canyon Subdivision AZ 02-002
PARTIES: 1.
2.
3.
AiJA COU"ry RECORDER ~
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RECORDED - RE lJES T OF
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102078393
MERIDIAN CITY
DEVELOPMENT AGREEMENT
City of Meridian
Lawrence Tuckness Trust, Owner
Wildwood Development, LLC, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this 2.1'7 day of J~ , 2o0~, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and LAWRENCE TUCKNESS TRUST, hereinafter
called "OWNER", whose address is 1621 E. Cougar Creek Dr., Meridian,
Idaho 83642, and WILDWOOD DEVELOPMENT, LLC, hereinafter called
"DEVELOPER", whose address is 145 Horizon Dr., Boise, Idaho 83702
1.
RECITALS:
1.1
1.2
1.3
1.4
WHEREAS, "Owners" are the sole owners, in law and/or
equity, of certain tract of land in the County of Ada, State
of Idaho, described in Exhibit A, which is attached hereto
and by this reference incorporated herein as if set forth in
full, herein after referred to as the "Property"; and
WHEREAS, r.c. §67-65 11 A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-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 re-zoning of land; and
WHEREAS, "Owners" and "Developer" have submitted
an application for annexation and zoning of the
"Property"s described in Exhibit A, and has requested a
designation of (R-40) High Density Residential District,
(Municipal Code of the City of Meridian); and
DEVELOPMENT AGREEMENT (AZ-O2-002) - ]
1.7
1.8
1.9
1.5
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
1.6
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning & Zoning
Commission, and subsequently before the City Council,
include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
WHEREAS, City Council, the /61.1 day of fl¡zti£, 2002,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
WHEREAS, the "Findings" require the "Owners" and
"Developer" enter into a development agreement before the
City Council takes final action on annexation and zoning
designation; and
"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
1.10 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,
rfEVELOPMENT AGREEMENT (AZ-O2-002) - 2
herein being established as a result of evidence received by
the "City" in the proceedings for annexation and zoning
designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to ensure annexation and zoning
designation is in accordance with the Comprehensive Plan
of the City of Meridian adopted December 21, 1993,
Ordinance #629, January 4, 1994, and the Zoning and
Development Ordinances codified in Meridian City Code
Title II 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
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1
3.2
3.3
"CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
"OWNERS": means and refers to Lawrence Tuckness
Trust, whose address is 1621 E. Cougar Creek Dr.,
Meridian, Idaho 83642, the party developing said
"Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
"DEVELOPER": means and refers to Wildwood
Development, LLC, whose address is 145 Horizon Dr.,
Boise, Idaho 83702, the party developing said "Property"
DEVELOPMENT AGREEMENT (AZ-O2-002) - 3
3.3
4.
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 "N, 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 (F) which
are herein specified as follows:
Development of a 22 4-plex structures (88 total units) for a
proposed variety of residential and commercial projects.
Development shall be consistent with the Meridian
Comprehensive Plan Generalized Lane Use Map which
designates the property as Mixed Planned Use, and go
through the planned development process and as conditional
uses.
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" are not required to submit to "City" an application for conditional
use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
A.
"Owners" and "Developer" shall develop the "Property" in
accordance with the following special conditions:
DEVELOPMENT AGREEMENT (AZ-O2-002) - 4
3.
Adopt the Recommendations of the Planning and Zoning and
Engineering staff as follows:
1.
Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance
Section 5-7-517. Wells may be used for non'domestic purposes
such as landscape irrigation.
Adopt the Recommendations of the ACHD as follows:
Special Recommendations to the City of Meridian and the Meridian Fire
Department:
a. Applicant should be required to construct an emergency turnaround
located in the center of the proposed subdivision. Applicant should be
required to work with the Fire Department staff for the location of the
emergency turnaround.
Site Specific Requirements:
1.
Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving
on Wilson Lane abutting the parceL Improvements shall be constructed
to match existing improvements.
2.
Driveways on Wilson Lane shall be located a minimum of 50-feet from any
public street intersection. The applicant is proposing to locate the driveway
approximately IOO-feet east of the west property line, This location meets
District policy and is approved with this application. The applicant is
required to pave the driveway to its full-required width of 24 to 30-feet
and to a point 30-feet beyond the edge of pavement of Wilson Lane.
Applicant is proposing an "emergency access only" located approximately
190-feet north of the south property line. This access is to be signed
"emergency access only" and/or install bollards for emergency access only.
The applicant is required to pave this access 16 to 20-feet in width and to
a point 30-feet into the project. This emergency access meets District
policy and shall be approved with this application.
DEVELOPMENT AGREEMENT (AZ-O2-002) - 5
4.
Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
5.
Meet District drainage requirements per section 8000 of the ACHD
Development Policy ManuaL
6.
If utility relocation is necessary to construct improvements required with
this development, then all utility relocation costs associated with
improving street frontages abutting the site shall be borne by the
developer.
7.
Any existing irrigation facilities shall be relocated outside of the right-of-
way.
8.
Applicant shall also comply with all of ACHD's Standard Requirements
listed in their report dated January 25, 2002.
Adopt the Recommendations of the Meridian Fire Department as
follows:
1. That a fire-flow of 1,000 gallons per minute shall be available for
duration of 2 hours to service the entire project. Fire hydrants shall
be placed an average of 400' apart. 1997 UFC Appendix III-A.
2. Operational fire hydrants and temporary or permanent street signs
are required before combustible construction begins. UFC 901.4.2 &
901.3
3. Acceptance of the water supply for fire protection will be by the
Meridian Water Department.
4. Final approval of the fire hydrant locations shall be by the Meridian
Fire Department.
5. All internal roads shall have a minimum radius of 28' inside and 48'
outside radius.
DEVELOPMENT AGREEMENT (AZ-O2-002) - 6
6. The roadways shall be built to Ada County Highway Standards.
7. An approved temporary turn-around is, required for any dead-ends
over 150'.
8. The project shall be required to have an approved means of accessing
a public road.
Adopt the Recommendations of the Parks Department as follows:
1.
A 10' wide hard surface for a pedestrian pathway shall be
provided along the Jackson Drain on the north side. The
pathway shall include a 10' wide landscaped buffer on both sides,
and which shall be maintained by the developer. The pathway
shall connect to the Elliot Park Subdivision path. It would be
acceptable for the 10' wide pathway to be an easement or
common lot deed when completed.
Additionally, comply with the action of the City Council from their
meeting of April 2, 2002 as follows:
1.
Two amenities are required as part of the Planned Development.
The applicant is proposing in excess of 10% of open space and the
pathways are two amenities. Additionally, the applicant shall also
provide a sport court of approximately 2,500 to 3,000 sq. ft.
within the approximately I5,000-foot common area open space.
The applicant shall also provide a revised Site Plan indicating the
location of the sport court, as well as the material it is to be
constructed with. The sport court shall be approximately half the
size of a regulation basketball court and will contain at least one
basketball standard and other play equipment that may be
acceptable by the staff.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall beterminated, 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
DEVELOPMENT AGREEMENT (AZ-O2-002) - 7
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 r.c. ' 67-6509, or any subsequent
amendments or recodifications thereof.
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 of the "Property"
subject to and conditioned upon the following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to
comply with this Agreement to "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 "Property", this Agreement may be
modified or terminated by the "City" upon compliance
with the requirements of the Zoning Ordinance.
10.2 A waiver by "City" of any default by "Owners" and
"Developer" of anyone or more of the covenants or
DEVELOPMENT AGREEMENT (AZ-O2-002) - 8
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 of the
Meridian Zoning Ordinance in connection with the annexation and zoning of
the "Property" by the City CounciL If for any reason after such recordation,
the City Council fails to adopt the ordinance in connection with the
annexation and zoning of the "Property" contemplated hereby, the "city" shall
execute and record an appropriate instrument of release of this Agreement.
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 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
DEVELOPMENT AGREEMENT (AZ-O2-002) - 9
complete the curing of the same with diligence and
continuity.
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".
IS. CERTIFICATE OF OCCUPANCY: The "Owners" and
"Developer" agrees 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 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:
DEVELOPMENT AGREEMENT (AZ-O2-002) - 10
CITY:
OWNERS:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Lawrence Tuckness Trust
1621 E. Cougar Creek Dr.
Meridian, Idaho 83642
with copy to:
DEVELOPER:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Wildwood Development, LLC
145 Horizon Dr.
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 owner of the "Property", each subsequent owner and any other person
DEVELOPMENT AGREEMENT (AZ-O2-002) - 11
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 "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.
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 "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 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-O2-002) - 12
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-O2-002) - 13
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
LAWRENCE TUCKNESS TRUST:
Amended P.R. Warranty Deed dated
October 19,2000, and recorded October
27,2000/0WERS
BY ,..j¡./n.JJLc" fI;/. U_~A' /7""
WIDLWOOD DEVELOPMENT
COMPANY, DEVELOP~~
BY, rk/ ¡)é¡
Attest:
BY~
DEVELOPMENT AGREEMENT (AZ-O2-002) - 14
COUNTY OF ADA)
On W. ~~ day of '~ . ;" the y~' 2002.
before me, I? U r" a Notary Public,
personally appeared ttJ~~J11 e5S, Trustee of the
Lawrence Tuckness Trust, Amended P.R. Warranty Deed dated October
19,2000, and recorded October 27,2000/, known or identified to me to
be the person whose name is subscribed to the within instrument as
Trustee, and acknowledged to me that he executed the same as Trustee
on behalf of the aforementioned Trust.
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STATE OF IDAHO)
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CITY OF MERIDIAN
Notary Public
Residing at:
Commission expires:
DEVELOPMENT AGREEMENT (AZ-O2-002) - 15
COUNTY OF ADA)
On this ¿c/.a day of
2002, before me, ",-4.II.IIi!.- --10551oS.
appeared Cfryì..5. ~;,d/:1 and
known or identified to me to be e ' r-:¡)....G!S.i.~ and
of Wildwood Development, LLC, and the
persons who executed the instrument and acknowledged to me that they
having executed the same on behalf of said Wildwood Development, LLc.
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On this 'Z},-J.. day of ~ , in the year 2002,
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg~mow 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 aclmowledged to me that such City
executed the same.
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STATE OF IDAHO)
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STATE OF IDAHO
County of Ada
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DEVELOPMENT AGREEMENT (AZ-O2-002) - 16
EXHIBIT A
Legal DescriPtion Of Property
A parcel of land situated in the NW 1/4 of Section 8, T.3N.,
R.l E., B.M., City of Meridian, Ada County, Idaho, being a portion of Lot 7 of
Pleasant Valley Subdivision, according to the official plat thereof recorded in
Book 12 of Plats at Page 665, Ada County Records being more particularly
described as follows:
COMMENCING at the northwest corner of said Section 8, from
which corner the south 1/4 comer of said section bears SOooOO'23" W., 2649.56
feet; thence, along the westerly line of said section.
A)
SOooOO'23" W., 455.00 feet to the intersection with the
centerline of Wilson Lane as shown on Record of Survey
No. 3963; thence, along said centerline.
N89°34'40" E., 1038.12 to the intersection with the
westerly line of said Lot 7 and the POINT OF
BEGINNING; thence, continuing along said centerline.
1) N89°34'40" E., 246.81 feet to a point that
bears Nooa04'03" W., 29.00 feet from the
northwest corner of Block I of Elliott Park
Subdivision according to the official plat
thereof recorded in Book 82 of Plats at Pages
8914 and 8915, Ada County Records; thence
along the westerly line of said block and the
northerly prolongation thereof.
SOoo04'03" E., 1106.95 feet to a found 1"
iron pipe on the northerly bank of an existing
2)
B)
DEVELOPMENT AGREEMENT (AZ-O2-002) - 17
3)
drain ditch as shown on said plat; thence,
along said northerly bank.
N6SO50'18" W., 272.05 feet to a point on the
westerly line of said Lot 7; thence, along said
westerly line.
NOooOO'23" E., 993.77 feet to the POINT OF
BEGINNING.
4)
Containing 5.97 acres, more or less.
SUBJECT TO all Covenants, Rights, Rights-of-Way, and
Easements of Record, with Exhibit "B" attached hereto.
DEVELOPMENT AGREEMENT (AZ-O2-002) - 18
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-O2-002) - 19
BEFORE THE MERIDIAN CITY COUNCIL
ClC 04-02-02
IN THE MATTER OF THE )
APPLICATION OF WILDWOOD)
DEVELOPMENT, LLC, THE )
APPLICATION FOR )
ANNEXATION AND ZONING)
OF 5.81 ACRES FOR )
PROPOSED COOPER CANYON)
SUBDIVISION, LOCATED EAST)
OF NORTH LOCUST GROVE )
ROAD AND SOUTH OF EAST )
WILSON LANE, MERIDIAN, )
IDAHO)
Case No. AZ-02-002
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on for
public hearing on April 2, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning
and Zoning Administrator, Barry Semple, Chris Findlay, and David Callister,
appeared and testified, and the City Council having duly considered the evidence and
the record in this matter therefore malœs 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 §§ Il-I5-5
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002)
and II-I6-1.
2.
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles II and 12, Meridian City Code, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance Establishing the Impact Area Boundary.
3.
The property which is the subject to the application for annexation and
zoning is described in the application, and is approximately 5.81 acres in size, is
located east of North Locust Grove Road and south of East Wilson Lane, all within
the Area of Impact of the City of Meridian and the Meridian Urban Service Planning
Area.
4.
The owner of record of the subject property is the Lawrence Tuckness
Trust of Meridian, Idaho; and the applicant is Wildwood Development, LLC of
Boise, Idaho.
5.
The property is presently zoned by Ada County as RUT and consists of
vacant land.
6.
The Applicant requests the property be zoned as R-40, with intent to
construct a twenty-two (22) 4-plex structures (88 total units) for a proposed variety
of residential and commercial projects, which is consistent with the Meridian
Comprehensive Plan Generalized Land Use Map which designates the subject
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002)
property as Mixed Planned Use Development.
7.
The subject property is bordered to the north and east by City of
Meridian zoning of COG and I-L respectively, and to the south and west by Ada
County zoning of RUT.
8.
There are no significant or scenic features of major importance that
affect the consideration of this application.
9.
Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
2.
1.
Any existing domestic wells and/or septic systems within this project shall
be removed from their domestic service per City Ordinance Section 5-7-
517. Wells may be used for non-domestic purposes such as landscape
irrigation.
A development agreement shall be required as part of this annexation
request.
Adopt the Recommendations of the ACHD as follows:
Special Recommendations to the City of Meridian and the Meridian Fire
Department:
a.
Applicant should be required to construct an emergency turnaround located in the
center of the proposed subdivision. Applicant should be required to work with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002)
4.
5.
6.
7.
8.
Fire Depanment staff for the location of the emergency turnaround.
Site Specific Requirements:
1.
Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on
Wilson Lane abutting the parcel. Improvements shall be constructed to match
existing improvements.
2.
Driveways on Wilson Lane shall be located a minimum of 50-feet from any public
street intersection. The applicant is proposing to locate the driveway
approximately 100-feet east of the west propeny line. This location meets District
policy and is approved with this application. The applicant is required to pave the
driveway to its full-required width of 24 to 30-feet and to a point 30-feet beyond
the edge of pavement of Wilson Lane.
3.
Applicant is proposing an "emergenCY access only" located approximately 190-
feet nonh of the south property line. This access is to be signed "emergency
access only" and/or install bollards for emergency access only. The applicant is
required to pave this access 16 to 20-feet in width and to a point 30-feet into the
project. This emergency access meets District policy and shall be approved with
this application.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District.
Meet District drainage requirements per section 8000 of the ACHD Development
Policy Manual.
If utility relocation is necessary to construct improvements required with this
development, then all utility relocation costs associated with improving street
frontages abutting the site shall be borne by the developer.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
Applicant shall also comply with all of ACHD's Standard Requirements listed
in their report dated January 25,2002.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FORA..T\JNEXATION AND ZONING/COOPER CANYON (AZ-02-002)
Adopt the Recommendations of the Meridian Fire Department as follows:
I. That a fire-flow of 1,000 gallons per minute shall be available for duration
of 2 hours to service the entire project. Fire hydrants shall be placed an
average of 400' apart. 1997 UFC Appendix III-A.
2. Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
5. All internal roads shall have a minimum radius of 28' inside and 48'
outside radius.
6. The roadways shall be built to Ada County Highway Standards.
7. An approved temporary turn-around is required for any dead-ends over
150'.
8. The project shall be required to have an approved means of accessing a
public road.
Adopt the Recommendations of the Parks Department as follows:
1. A 10' wide hard surface for a pedestrian pathway shall be provided
along the Jackson Drain on the north side. The pathway shall
include a 10' wide landscaped buffer on both sides, and which shall
be maintained by the developer. The pathway shall connect to the
Elliot Park Subdivision path. It would be acceptable for the 10' wide
pathway to be an easement or common lot deed when completed.
Additionally, comply with the action of the City Council from their meeting of
April 2, 2002 as follows:
1. Two amenities are required as part of the Planned Development.
The applicant is proposing in excess of 10% of open space and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002)
pathways are two amenities. Additionally, the applicant shall also
provide a Sport court of approximately 2,500 to 3,000 sq. ft. within
the approximately I5,000-foot common area open space. The
applicant shall also provide a revised Site Plan indicating the
location of the sport court, as well as the material it is to be
constructed with. The sport court shall be approximately half the
size of a regulation basketball court and will contain at least one
basketball standard and other play equipment that may be
acceptable by the staff.
10.
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.9, 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.
11.
It is also found that the development considerations as referenced in
Finding No.9 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 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. But,
additional landscaping buffers and design features will be required to make the
proposed use more harmonious with the general vicinity and to comply with City
FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/COOPER CANYON (AZ;02-002)
Ordinances.
12.
It is found that the zoning of the subject real property as High Density
Residential District (R-40) requires connection to the Municipal Water and Sewer
systems and will be compatible with the Applicant's development intentions, and will
assure that the zoning is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Mixed Planned
Use Development.
13.
The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
Goal Sections:
Goal 4, Goal 8
Economic Development Chapter
3.IU,3.2U
Land Use Chapter
2.lU
Transportation Chapter
l.I9U, l.I4, 1.19
Community Design Chapter
6.2U,6.IlU
15.
The property can be physically serviced with City water and sewer, since
the applicant has extended the lines.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002)
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 'Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord. No. 629, January 4, 1994.
4.
The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
Goal Sections:
Goal 4, Goal 8
Economic Development Chapter
3.IU,3.2U
Land Use Chapter
2.W
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002)
Transportation Chapter
1.19U, l.I4, l.I9
Community Design Chapter
6.2U,6.IIU
5.
The zoning of High Density Residential District (R-40) is defined in
the Zoning Ordinance at § 11-7-2 F as follows:
(R-40) Hi~h Density Residential District: The purpose of the R-40 District
is to permit the establishment of high density residential uses at a density not
exceeding forty (40) dwelling units per acre. Connection to the Municipal water
and sewer systems of the City is required.
6.
Since the annexation and zoning of land is a legislative function, the City
has authority to place conditions upon the annexation of land. See Burt vs. The City of
Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8.
The development of the annexed land, if annexed, shall meet and comply
with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-
4 which pertains to development time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance
of the City of Meridian.
9.
Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance
the owner and/or developer shall enter into a Development Agreement, if such is
required by the City.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002)
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 of approximately 5.81
acres in size to High Density Residential District (R-40) is granted subject to the terms
and conditions of this Order hereinafter stated.
2.
The application is for annexation and zoning of 5.81 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3.
Developer shall be required to met the conditions set forth and in the
event the conditions herein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development, to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1.
Any existing domestic wells and/or septic systems within this project shall
be removed from their domestic service per City Ordinance Section 5-7-
517. Wells may be used for non-domestic purposes such as landscape
irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002)
4.
5.
6.
2.
A development agreement shall be required as part of this annexation
request.
Adopt the Recommendations of the ACHD as follows:
Special Recommendations to the City of Meridian and the Meridian Fire
Department:
a.
Applicant should be required to construct an emergency turnaround
located in the center of the proposed subdivision. Applicant should be
required to work with the Fire Department staff for the location of the
emergency turnaround.
Site Specific Requirements:
1.
Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on
Wilson Lane abutting the parcel. Improvements shall be constructed to match
existing improvements.
2.
Driveways on Wilson Lane shall be located a minimum of 50-feet from any public
street intersection. The applicant is proposing to locate the driveway
approximately IOO-feet east of the west property line. This location meets District
policy and is approved with this application. The applicant is required to pave the
driveway to its full-required width of 24 to 30-feet and to a point 30-feet beyond
the edge of pavement of Wilson Lane.
3.
Applicant is proposing an "emergency access only" located approximately 190-
feet north of the south property line. This access is to be signed "emergency
access only" and/or install bollards for emergency access only. The applicant is
required to pave this access 16 to 20-feet in width and to a point 30-feet into the
project. This emergency access meets District policy and shall be approved with
this application.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District.
Meet District drainage requirements per section 8000 of the ACHD Development
Policy Manual.
If utility relocation is necessary to construct improvements required with this
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002)
7.
8.
1.
development, then all utility relocation costs associated with improving street
frontages abutting the site shall be borne by the developer.
7.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
8.
Applicant shall also comply with all of ACHD's Standard Requirements listed
in their report dated January 25,2002.
Adopt the Recommendations of the Meridian Fire Department as follows:
1.
That a fire-flow of 1,000 gallons per minute shall be available for duration of 2
hours to service the entire project. Fire hydrants shall be placed an average of
400' apart. 1997 UFC Appendix III-A.
2.
Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
3.
Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
4.
Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
5.
All internal roads shall have a minimum radius of 28' inside and 48' outside
radius.
6.
The roadways shall be built to Ada County Highway Standards.
An approved temporary turn-around is required for any dead-ends over ISO',
The project shall be required to have an approved means of accessing a public
road.
Adopt the Recommendations of the Parks Department as follows:
A 10' wide hard surface for a pedestrian pathway shall be provided along the
Jackson Drain on the north side. The pathway shall include a 10' wide
landscaped buffer on both sides, and which shall be maintained by the
developer. The pathway shall connect to the Elliot Park Subdivision path. It
would be acceptable for the 10' wide pathway to be an easement or common
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002)
lot deed when completed.
Additionally, comply with the action of the City Council from their meeting of
April 2, 2002 as follows:
1.
Two amenities are required as part of the Planned Development. The
applicant is proposing in excess of 10% of open space and the pathways are
two amenities. Additionally, the applicant shall also provide a sport court of
approximately 2,500 to 3,000 sq. ft. within the approximately 15,OOO-foot
common area open space. The applicant shall also provide a revised Site Plan
indicating the location of the Sport court, as well as the material it is to be
constructed with. The sport court shall be approximately half the size of a
regulation basketball court and will contain at least one basketball standard
and other play equipment that may be acceptable by the staff.
4.
The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real property
which is the subject of the application to (R-40) High Density Residential District, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002)
an interest in real property which may be adversely affected by the issuance or denial of
the annexation and zoning and who may within twenty-eight (28) days after the date
of this decision and order seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code,
of
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(6 - day
By action of the City Council at its regular meeting held on the
,2002.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED $----
COUNCILWOMAN TAMMY deWEERD
VOTED~v
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED ficA.-
COUNCILMAN WILLIAM LM. NARY
VOTED$A..,....-
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 1-~/6 -0 Z-
MOTION:
APPROVED:~ DISAPPROVED:-
-
VOTED -
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Depart nt and the City Attorney. A' ;;," '
7 2- /~; ~
Dated: -tJ i ~t~\\"
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Z,\WorklMlMeridianlMeridian 15360M\Cooper Canyon Sub AZO2.002 )@J)! CUP)@J)@\AZFfI& ~ ~:", ,,"
" ~ 1'ð1 ',;:.it^~i
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 ~~~~;.~:";
AND DECISION AND ORDER GRANTING APPLICATION ,<II' '
FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002)
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A PARCEL OF LAND SITUATED IN THE NWI/4 OF
SECTION 8, T3N, R1E, B,M" CITY OF MERIDIAN.
ADA COUNTY, IDAHO, BEING A PORTION OF LOT 7
OF PLEASANT VALLEY SUBDIVISION RECORDED IN
BK 12. PAGE 665, ADA COUNTY RECORDS.
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TOOTHMAN-ORTON ENGINEERING CO.
ENGINEERS. SURVEYORS PLANNERS
9777 CHINOEN BOULEVARD. BOISE, IDAHO 83714-2008
PHONE: 208-323-2288 . FAX: 208-323-2399
i\OJ057\ExH-aOUNom.OWG DArE: 10/15/01 JOB: 01057
600