Charles Crane
PARTIES: 1.
2.
r;\U-I Ð I ~~ RECOR. OED- REaUEfOf
ADA COUNTY RECORDER ~
J. DAVID NAVP-.RRO
ZII9:'I'~';:' I' 30 2:0 :;~~Y7 I .
DEVELOPMENT AGREEMENT
City of Meridian
Charles Crane
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this /5~ day of F.e6r(,(.al..{/ ,2000, by and
between CITY OF MERIDIAN, a municipal corpora~on of the State of Idaho,
hereafter called "CITY", and CHARLES CRANE, hereinafter called
"DEVELOPER", whose address is 3610 W. Ustick Road, Meridian, Idaho
83642.
1.
RECITALS:
1.1
1.2
1.3
WHEREAS, "Developer" is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State
ofIdaho, described in Exhibit A, which is attached hereto
and by this reference incorporated herein as if set forth in
full, herein after referred to as the "Property"; and
WHEREAS, r.c. §67 -6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the owner or "Developer" make a written
commitment concerning the use or development of the
subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-2-416L and 11-2-417D,
which authorizes development agreements upon the
annexation and/or re-zoning of land; and
1.4
WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property"s described in
Exhibit A, and has requested a designation of Rural Low
Density Residential District (R-2), (Municipal Code of the
City of Meridian); and
DEVELOPMENT AGREEMENT - 1
1.5
1.6
1.7
1.8
1.9
WHEREAS, "Developer" made representations at the
public hearings both before the Meridian Planning &
Zoning Commission and before the Meridian City Council,
as to how the subject "Property" will. be developed and
what improvements will be made; and
WHEREAS, record of the proceedings for the requested
annexation and zoning d~signation 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 I ~ day of 1i16ratf/J2000,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
WHEREAS, the "Findings" require the "Developer" enter
into a development agreement before the City Council
takes final action on annexation and zoning designation;
and
"DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at its
urging and requests; and
1.10 WHEREAS, "City" requires the "Developer" to enter into
a development agreement for the purpose of ensuring that
the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions
of this development agreement, herein being established as
a result of evidence received by the "City" in the
proceedings for annexation and zoning designation from
DEVELOPMENT AGREEMENT - 2
government subdivisions providing services within the
planning jurisdiction and from affected property owners
and to ensure annexation and zoning designation is in
accordance with the Comprehensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance #629,
January 4, 1994, and the Zoning and Development
Ordinance codified in Title 11, Municipal Code of the City
of Meridian.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1
3.2
3.3
"CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
"DEVELOPER": means and refers to Charles Crane,
whose address is 3610 W. Ustick Road, Meridian, Idaho
83642, the party developing said "Property" and shall
include any subsequent owner(s)/developer(s) ofthe
"Property".
"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
DEVELOPMENT AGREEMENT - 3
4.
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 Section 11-2-408 B. 1., Meridian City Code
which are herein specified as follows:
Development of Low Density Single-Family dwellings.
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
5.1
5.2
5.2
5.3
5.4
"Developer" shall develop the "Property" in accordance
with the following special conditions:
5.1.1 The property should be zoned R-2, Rural Low
Density Residential, with restrictions that the
property can be split into only two parcels.
Application shall provide documentation to the City
showing eligibility for a one-time lot split.
Any existing domestic wells and/or septic systems within
this project will have to 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.
Applicant shall coordinate utility connections with
Meridian Public Works Department.
Nine Mile Creek abuts the northeast property line of the
parcel. Fish and wildlife habitat and existing vegetation
along Nine Mile Creek must be protected and maintained
as per section 5.3 of the Comprehensive Plan.
DEVELOPMENT AGREEMENT - 4
6. COMPLIANCE PERIOD! CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developer" or
"Developer"'s heirs, successors, assigns, to comply with Section 5 entitled
"Conditions Governing Development of subject "Property" of this agreement ,
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. This agreement has no immediate development plans, although there
are some development conditions.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
7.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Developer" and if the
"Developer" fails to cure such failure within six (6) months
of such notice.
8. INSPECTION: "Developer" shall, immediately upon completion
of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City
Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion thereof in accordance with the terms
and conditions of this Development Agreement and all other ordinances of
the "City" that apply to said Development.
9.
DEFAULT:
9.1
In the event "Developer", "Developer"'s heirs, successors,
assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to
faithfully comply with all of the terms and conditions
included in this Agreement in connection with the
"Property", this Agreement may be modified or terminated
DEVELOPMENT AGREEMENT - 5
by the "City" upon compliance with the requirements of
the Zoning Ordinance.
9.2
A waiver by "City" of any default by "Developer" of any
one or more of the covenants or conditions hereof shall
apply solely to the breach and breaches waived and shall
not bar any other rights or remedies of "City" or apply to
any subsequent breach of any such or other covenants and
conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer"'s cost, and submit proof of such recording to
"Developer", prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and zoning of the "Property" by the City
Council. If for any reason after such recordation, the City Council fails to
adopt the ordinance in connection with the annexation and zoning of the
"Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
11. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer", or by any successor
or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein.
12.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer" shall have thirty
(30) days after delivery of notice of said breach to correct
the same prior to the non-breaching party's seeking of any
remedy provided for herein; provided, however, that in the
case of any such default which cannot with diligence be
cured within such thirty (30) day period, if the defaulting
DEVELOPMENT AGREEMENT - 6
party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time allowed
to cure such failure may be extended for such period as
may be necessary to complete the curing of the same with
diligence and continuity.
12.2 In the event the performance of any covenant to be
performed hereunder by either "Developer" or "City" is
delayed for causes which are beyond the reasonable control
of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience,
strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under § 12-5-3 of the Meridian City Code, to
insure that installation of the improvements, which the "Developer" agrees to
provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees
that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" and "Developer" have entered into an addendum
agreement stating when the improvements will be completed in a phased
developed; and in any event, no Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed, completed, and
accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Developer"
agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the
City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
DEVELOPMENT AGREEMENT - 7
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
DEVELOPER:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Charles Crane
3610 W. Ustick Road
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
16.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto 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.
19. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
DEVELOPMENT AGREEMENT - 8
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion,
had determined that "Developer" has fully performed its obligations under this
Agreement.
20. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer"
and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or
implied, between "Developer" and "City", other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the parties hereto
unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
21.1
No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the ""City" has
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
DEVELOPMENT AGREEMENT - 9
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT - 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
Attest:
¿J~Þ&"10_.
CITY CLERIC !:52""'7 cr
BY RESOLUTION NO...3..QL
BY:~~
Charles Crane
CITY OF MERIDIAN
ey/Z:IWork\M\Meridian IS360MICrane. CharleslDevelopAgr
DEVELOPMENT AGREEMENT - 11
STATE OF IDAHO
:ss
COUNTY OF ADA)
On this g+l-dayof F.£b..¡~ ,in the year 2000, before
me, Sh.el ~ ~tVY'r ì Zt:L.a Notary Public, per nally appeared Charles Crane,
known or i entJ led to me to be the person who executed the Instrument and
acknowledge to me having executed the same.
(SEAL)
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STATE OF IDAHO
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County of Ada
On this
I ¿-If;
day of Ptbw.ti4lf
, in the year 2000,
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg, 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.
(SEAL)
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DEVELOPMENT AGREEMENT - 12
EXHIBIT A
Legal Description Of Property
A parcel of land being a portion of the East Fifteen Acres of
the Southwest Quarter Southeast Quarter and a portion of
the Southeast Quarter Southeast Quarter, all lying in Section
34, Township 4 North, Range I West, Boise Meridian, Ada
County, Idaho, said parcel being more particularly described
as follows:
Commencing at a found V2" iron pin marking the E1/4
Corner of said Section 34, T. 4N., R.IW., B.M., Ada County,
Idaho; thence S. 0°17'35" W. (fonnerly S. 0012'W.) 2643.52
feet along the east boundary of the said SE 1/4 of Section 34
and along the centerline of Ten Mile Road to a found Brass
Cap marking the Section Corner common to Sections 34 and
35, T. 4N., R. IW., B.M., Ada County, Idaho and Sections 2
and 3, T. 3N., R. IW., B.M., Ada County, Idaho and also
marking the centerline intersections of said Ten Mile Road
and Ustick Road; thence N. 89°43'00" W. 1019.45 feet along
the south boundary of the said SE 1/4 of Section 34 and
along the said centerline of Ustick Road to a point, said
point being witnessed by a set W' iron pin which bears N.
37°42'48" W. 31.72 feet, said point also marking the REAL
POINT OF BEGINNING;
thence continuing N.89°43'OO" W. 351.17 feet along the said
south boundary of the SE 1/4 of Section 34 and along the
said centerline of Ustick Road to a point, said point being
witnessed by a set W' iron pin which bears N. 0°45'38" W.
25.00 feet;
thence N. 0°45'38" W. 460.34 feet to a set W' iron pin;
thence S. 37°42'48" E. 584.06 feet to the point of beginning,
containing 1.90 acres, more or less.
Subject to any easements or rights of way of record or in use.
DEVELOPMENT AGREEMENT - 13
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - 14
Revisions 01-26-00
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF CHARLES
CRANE, THE APPLICATION FOR
ANNEXATION AND ZONING
OF 1.9 ACRES FOR AT 3610 W.
USTICK RD.,MERIDIAN, IDAHO
Case No. AZ-99-013
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on
for public hearing on September 21, 1999, and continued to October 5, 1999, and
Shari Stiles appeared and commented, and the Applicant, Charles Crane, appeared
and the matter was continued for public hearing to November 3, 1999, at the hour of
7:00 o'c!ocl( p.m., and Shari Stiles, Planning and Zoning Administrator, appeared
and testified, and appearing and testifying was the Applicant and owner, Charles
Crane, and no one appeared in opposition, and the matter was reopened for public
hearing on January 18,2000, and appearing and testifying were Shari Stiles, Planning
and Zoning Administrator, and Gary Smith, Public Works, and the applicant,
Charles Crane, appeared and testified, and no one appeared in opposition, and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
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.
The notice of public hearing and the reopened public hearing on the
application for annexation and zoning were published for two (2) consecutive weeks
prior to said public hearings scheduled for September 21, 1999 and January 18,
2000, before the City Council, the first publication appearing and written notice
having been mailed to property owners or purchasers of record within three hundred
(300') feet of the external boundaries of the property under consideration more than
fifteen (15) days prior to said hearing and with the notice of public hearing having
been posted upon the property under consideration more than one week before said
hearing; and that copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly
considered by the City Council at the September 21,1999 and January 18, 2000,
public hearings; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit
evidence.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
2.
There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and §§ ll-2-4l6E and 11-2-417 A,
Municipal Code of the City of Meridian.
3.
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title II, Municipal Code of the City of
Meridian, 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 Establishingthe Impact Area Boundary.
4.
The property which is the subject to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full. The property is approximately 1.9 acres in size. The property is
located at 3610 W. Ustick Road.
5.
The owner of record of the subject property is Charles Crane, of 3610
W. Ustick Road, Meridian, Idaho.
6.
Applicant is the owner of record.
7.
The property is presently zoned by Ada County as Rural Transitional
(R-T), and consists of a single family dwelling.
8.
The Applicant requested the property be zoned as Meridian City Low
Density Residential (R-4) defined at 11-2-408(3).
9.
The proposed site of the subject property is located north of Ustick
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY CHARLES CRANE
Road approximately 1,000 feet west of Ten Mile.
10.
The subject property is bordered to the south by Englewood Creek
Estates Subdivision, to the north, east and west by rural agricultural property. The
city limits of the City of Meridian are adjacent and abut to the south of the subject
property.
11.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12.
The entire parcel ofthe property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
13.
The Applicant/Owner has no present plans to develop the property
other than to divide the property and sell one parcel, but anticipates it will be
developed as Low Density Single-Family Dwellings.
14.
The Applicant requests zoning of the subject real property as Low
Density Residential (R-4) which is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Low Density
Single Family and Rural Residential Housing.
15.
There are no significant or scenic features of major importance that
affect the consideration of this application.
16.
This matter was reopened for public hearing in order to receive
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
additional evidence and clarification of the requirements of the Ada County Highway
District for this application.
17.
The Council received a report from Larry Sale, Planning and
Development Supervisor, of the Ada County Highway District, dated December 21,
1999, which provided in its relevant parts: "In this case, the staff report [referring to
the earlier report that had set out certain dedication conditions for which the hearing
was reopened to clarify] provided serves to let the applicant know what ACHD
improvements will be required, when and if the site redevelops. ACHD does not
have any requirements for the rezone of the site at this time."
18.
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 Engineering Department and the Planning and
Zoning Department as follows:
18.1 The property should be zoned R-2, Rural Low Density Residential, with
restrictions that the property can be split into only two parcels.
18.2 Application shall provide documentation to the City showing eligibility
for a one-time lot split.
18.3 Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance
Section 5- 7 -517. Wells may be used for non-domestic purposes such as
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
landscape irrigation.
18.4 Applicant shall coordinate utility connections with Meridian Public
Works Department.
18.5 Nine Mile Creek abuts the northeast property line of the parcel. Fish
and wildlife habitat and existing vegetation along Nine Mile Creek must
be protected and maintained as per section 5.3 of the Comprehensive
Plan.
19.
The Meridian Planning and Zoning Commission approved the
application as annexation and zoning for R-2 Rural Low Density Residential.
20.
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. 18, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
21.
It is also found that the development considerations as referenced in
Finding No. 18 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
22.
It is found that the zoning of the subject real property as (R-2) Rural
Low Density Residential District allows only two (2) dwelling units per acre and
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 Low Density Single Family and Rural
Residential Housing.
23.
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:
23.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
23.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
23.3 The application is consistent with Meridian's self identity.
23.4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
23.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
23.6 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
24.
The property can be physically serviced with City water and sewer, if
applicant extends the lines.
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 Municipal Code of the City of Meridian Section 11-
2-417 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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
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:
4.A
The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1
4.2
4.3
4.4
4.5
4.6
To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
programs.
To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
To provide housing opportunities for all economic groups
within the community.
To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
To encourage cultural educational and recreational
facilities which will fill the needs and preferences of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
4.7
To provide community services to fit existing and projected
needs.
4.8
To establish compatible and efficient use of land through
the use of innovative and functional site design.
4.9
To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
5.
The requested zoning of Rural Low Density Residential District, (R-2) is
defined in the Zoning Ordinance at 11-2-408 B. 1. as follows:
(R-2) Rural Low Density Residential District: The purpose of the (R-2)
District is to permit the establishment of rural low density single-family
dwellings, and to delineate those areas where predominately rural residential
development has, or is lilœly to occur in accord with the Comprehensive Plan
of the City, and to protect the integrity or rural residential areas by prohibiting
the intrusion of incompatible non-residential uses. The (R-2) District allows
for a maximum of two (2) dwelling units per acre and requires connection to
the Municipal Water and Sewer systems of the City of Meridian.
6.
By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is not required for Applicant to construct and develop single-
family dwelling units on this parcel of land.
7.
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).
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
A1'\JD DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
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 11-9-616 which pertains to development time schedules and requirements;
Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B
14., which pertains to pressurized irrigation systems.
9.
The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
10.
Section 11-2417 D of the Zoning and Development Ordinance provides
in part as follows:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel.
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:
I.
The applicant's request for annexation and zoning of approximately I. 9
acres to Rural Low Density Residential District (R-2) is granted subject to the terms
and conditions of this Order hereinafter stated.
2.
The application is for annexation and zoning of 1.9 acres. The legal
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
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 enter into a Development Agreement that provides in the
event the conditions therein 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:
3.1
3.2
3.3
3.4
3.5
4.
The property should be zoned R-2, Rural Low Density Residential, with
restrictions that the property can be split into only two parcels.
Application shall provide documentation to the City showing eligibility
for a one-time lot split.
Any existing domestic wells and/or septic systems within this project will
have to 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.
Applicant shall coordinate utility connections with Meridian Public
Works Department.
Nine Mile Creek abuts the northeast property line of the parcel. Fish
and wildlife habitat and existing vegetation along Nine Mile Creek must
be protected and maintained as per section 5.3 of the Comprehensive
Plan.
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-2) Rural Low Density
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
Residential District (§ 11-2-408 B 1 of the Revised and Compiled Ordinances of the
City of Meridian).
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 § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
has 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.
By action of the City Council at its regular meeting held on the
í~Þ
day of Fe6rtC.tVl.-t
ROLL CALL
,2000.
COUNCILMAN RON ANDERSON
VOTED -f/lfL
COUNCILMAN KEITH BIRD
VOTED-$a...-
COUNCILMAN TAMMY deWEERD
VOTED If/JF-eJ-
COUNCILMAN CHERIE McCANDLESS
VOTED¥
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 2-1-00
VOTED-
MOTION:
APPRO~ ~ISAPPROVED:-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
BY~' - þ~/)
'---<;
ity Clerk /'
Dated:
2-/~-tJtJ
msglZ,IWorklMlMeridian lS360MICrane. CharleslAZFfCIs
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHARLES CRANE