Walt & Alice Culver
PARTIES: 1.
2.
~COROED.REQYEST OF
ADA COUNTY RECORDER f 1Iøu.-'h~
J.D.l!VJQWAVARRO FEE 4-... DEPUT
DEVELOP~NI¥~GREEMENT .3JJ. -
1m Jl-8 PH I: 36 7'f9 9 0 61 31
City of Meridian
Walter Culver and Alice Culver
THIS DEVELOP~NT AGREEMENT (this/q-fqement"), is
made and entered into this~ day of " by and
between CITY OF MERIDIAN, a municipal co oration of the State of Idaho,
hereafter called "CITY", and WALTER CULVER and ALICE CULVER,
husband and wife, hereinafter called "DEVELOPER", whose address is 6100
Pierce Park Lane 83616, Boise, Idaho.
1.
RECITALS:
l.l
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
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. §67-6511A, 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 R-15
Medium High Density Residential District, (Municipal
Code of the City of Meridian); and
1.5
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
DEVELOPMENT AGREEMENT - 1
1.6
1.7
1.8
1.9
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 / ~ day of ~n.¿, 1999,
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
talœs 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 aclmowledges 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
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.
DEVELOPMENT AGREEMENT - 2
NOW, THEREFORE, in consideration ofthe 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 Walt Culver and
Alice Culver, husband and wife, whose address is 6100
Pierce Park Lane, Boise, Idaho, the party developing said
"Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Section 11-2-409 B. 5. Meridian City Code
which are herein specified as follows:
(R-15\ Medium High Density Residential District: The
purpose of the (R-15) District is to permit the
establishment of medium-high density single-family
attached and multi-family dwellings at a density not
exceeding fifteen (15) dwelling units per acre. All such
districts must have direct access to a transportation arterial
DEVELOPMENT AGREEMENT - 3
or collector, abut or have direct access to a park or open
space corridor, and be connected to the Municipal Water
and Sewer systems of the City of Meridian. The
predominant housing types in this district will be patio
homes, zero lot line single-family dwellings, townhouses,
apartment buildings and condominiums.
4.2
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
"Developer" shall develop the "Property" in accordance
with the following special conditions:
5.1.1 Upon future development, any existing
irrigation/drainage ditches crossing the property to
be included in this project, shall be tiled per City
Ordinance 11-9-605.M. Plans shall be approved by
the appropriate irrigation/drainage district, or lateral
users association, with written confirmation of said
approval submitted to the Public Works
Department.
5.1.2 Any existing domestic wells and/or septic systems
within this parcel 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.
5.1.3 No new development ofthe property shall occur
until a conditional use permit has been obtained.
5.1.4 Applicant shall dedicate 35-feet ofright-of-way from
the centerline of Pine Street abutting the parcel by
means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a
building permit (or other required permits),
whichever occurs first. The owner will be
compensated for all right-of-way dedicated as an
addition to existing right-of-way from available
DEVELOPMENT AGREEMENT - 4
impact fee revenues in this benefit zone, if the
owner submits a letter of application to the impact
fee administrator prior to breaking ground, in
accordance with Section IS of ACHD Ordinance
#188.
5.1.5 Utility street cuts in the new pavement are not
allowed unless approved in writing by the District.
5.1.6 Applicant shall construct a 5-foot wide detached
concrete sidewalk on Pine Street abutting the site.
Locate the sidewalk within 2-feet of the new right-
of-way of Pine Street. Coordinate the location,
elevation and grade of the sidewalk with District
staff.
5.1.7 Locate all driveways a minimum of ISO-feet from
the nearest existing/proposed driveway on Pine
Street. Construct all driveways on Pine Street as 24
to 30-foot wide curb return driveways. Pave the
driveway its full required width and at least 30-feet
beyond the edge of pavement of Pine Street and
install pavement tapers with IS-foot radii abutting
the existing roadway edge.
5.1.8 As required by the Ada County Highway District
policy, restrictions on the width, number and
locations of driveways, shall be placed on future
development of this parcel.
6. 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:
6.1
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.
DEVELOPMENT AGREEMENT - 5
7. 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.
8.
DEFAULT:
8.1
8.2
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
by the "City" upon compliance with the requirements of
the Zoning Ordinance.
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.
9. 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.
1 O. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
11. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer", or by any successor
DEVELOPMENT AGREEMENT - 6
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.
1 I.l 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
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.
11.2 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.
12. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under 11-9-606 C of the Meridian City Code, to
insure that installation of the improvements, which the "Developer" agrees to
provide, if required by the "City".
13. 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".
DEVELOPMENT AGREEMENT - 7
14. 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.
15. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
DEVELOPER:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Walt Culver and Alice Culver
6100 Pierce Park Lane
Boise, Idaho 83616
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
15.1 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.
16. 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.
17. TIME IS OF THE ESSENCE: The parties hereto aclmowledge
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
DEVELOPMENT AGREEMENT - 8
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
18. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "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.
19. 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.
20. 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".
20.1 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
21. 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:
Jt~~-~
CITY CLERIC ~ -7
BY RESOLUTION NO. 242-
ey/Z:\Work\M\Merìdian 1 5360MlCulver AZIOevelopAgr
DEVELOPMENT AGREEMENT - 11
BY: ~/4~
Walt Culver
Developer
BY:~j~.. &~
Ice Culver
Developer
CITY OF MERIDIAN
STATE OF IDAHO
:ss
COUNTY OF ADA)
On this jO day of :::) kkJ6 , in the year 1999, before
me, ~ cSim<:: a Notary Public, personally
appeared It Culver and Alice Culver, husband and wife, known or identified
to me to be the persons who executed the instrument and aclmowledged to me
having executed the same.
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Commission expires: I 011 sl~C1J..
STATE OF IDAHO
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County of Ada ) 11.0..-
On this r¡ day of ~' in the year 19!J!1,
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg, Imow 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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DEVELOPMENT AGREEMENT - 12
Legal Description Of Property
DEVELOPMENT AGREEMENT - 13
EXHIBIT A
- - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - -
I
A TRACT OF LAND IN LOT 6 OF ONWILER SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 8 OF PLATS
AT PAGE 378, RECORDS OF ADA COONTY, IDAHO AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SECTION 7, TOWNSHIP 3 NORTH,
RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE
ALONG THE NORTH 89.00' EAST (EAST) ALONG THE MID-SECTION
LINE A DISTANCE OF 857.56 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 00.00' WEST (SOUTH) A DISTANCE OF 313.1 FEET
TO A POINT;
THENCE NORTH 89.00' EAST A DISTANCE OF 151.2 FEET TO A
POINT;
THENCE NORTH 00.00' EAST (NORTH) A DISTANCE OF 313.1 FEET
TO A POINT;
THENCE SOUTH 89.00' WEST (WEST) A DISTANCE OF 151.2 FEET
TO THE POINT OF BEGINNING.
PARCEL CONTAINS 47,341 SQUARE FEET, MORE OR LESS.
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - 14
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF ALICE
CULVER, THE APPLICATION
FOR ANNEXATION AND
ZONING OF 1.0 ACRES AT 911
E. PINE STREET, MERIDIAN,
IDAHO
Case No. AZ-99-004
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled an~exation and zoning application having come on
for public hearing on May 18, 1999, at the hour of 7:00 o'clock p.m., and Shari
Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works, having
appeared and testified, and the Applicant, Alice Culver, having appeared and testified
arid no one having testified in opposition 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.
The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for May 18, 1999, before the City Council, the first publication appearing
and written notice having been mailed to property owners or purchasers of record
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING / ALICE CULVER
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 May 18, 1999, public
hearing; 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.
2.
There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E 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 1 i, 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 Establishing the Impact Area Boundary.
4.
The property is approximately 1 acre in size. The property is located at
911 E. Pine Street in Meridian, Idaho, between Meridian Road and Locust Grove
Road.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISIÖN AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ ALICE CULVER
5.
The owners of record of the subject property are Walt and Alice Culver,
of 6100 Pierce Park Lane, Boise, Idaho.
6.
Applicant is the record owner of the subject property and filed a written
request for annexation and zoning.
7.
The property is presently zoned by Ada County as Estate Residential
(R-l), and consists of agricultural land with a single family dwelling.
8.
The Applicant requests the property be zoned as Medium High Density
Residential District (R-15).
9.
The site of the subject property is located on the south side of Pine
Street approximately 1700-feet west of Locust Grove Road.
10.
The city limits of the City of Meridian are adjacent and abut to the
north of the subject property.
ll.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12.
The entire parcel of the 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 proposes to develop the subject property in the following
manner: Develop a four-plex, triplex or duplex multi-family dwelling,.
14.
The Applicant's requested zoning of the subject real property as
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ ALICE CULVER
Medium High Density Residential (R-15) is consistent with the Meridian
Comprehensive Plan Generalized Land Use Map which designates the subject
property as Existing Urban.
IS.
There are no significant or scenic features of major importance that
affect the consideration of this application.
16.
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 Planning and Zoning Administrator and Assistant City
Engineer Recommendations as follows:
16.1 Upon future development, any existing irrigation/drainage ditches
crossing the property to be included in this project, shall be tiled
per City Ordinance 11-9-605.M. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted
to the Public Works Department.
16.2 Any existing domestic wells and/or septic systems within this
parcel 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.
16.3 If the R-15 zone is approved, staff recommends that all
development proposals be processed under the conditional use
permit process.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING / ALICE CULVER
Adopt the Recommendations of the Ada County Highway District as follows:
16.4 Applicant shall dedicate 35-feet of right-of-way from the
centerline of Pine Street abutting the parcel by means of
recordation of a final subdivision plat or execution of a warranty
deed prior to issuance of a building permit (or other required
permits), whichever occurs first. The owner will be compensated
for all right-of-way dedicated as an addition to existing right-of-
way from available impact fee revenues in this benefit zone, if the
owner submits aJetter of application to the impact fee
administrator prior to breaking ground, in accordance with
Section 15 of ACHD Ordinance #188.
16.5 Utility street cuts in the new pavement are not allowed unless
approved in writing by the District.
16.6 Applicant shall construct a 5-foot wide detached concrete
sidewalk on Pine Street abutting the site. Locate the sidewalk
within 2-feet of the new right-of-way of Pine Street. Coordinate
the location, elevation and grade of the sidewalk with District
staff.
16.7 Locate all driveways a minimum of ISO-feet from the nearest
existing/proposed driveway.on Pine Street. Construct all
driveways on Pine Street as 24 to 30-foot wide curb return
driveways. Pave the driveway its full required width and at least
30-feet beyond the edge of pavement of Pine Street and install
pavement tapers with IS-foot radii abutting the existing roadway
edge.
16.8 As required by District policy, restrictions on the width, number
and locations of driveways, shall be placed on future development
of this parcel.
17.
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. 16, and all
subparts, the economic welfare of the City and its residents and tax and rate payers
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ ALICE CULVER
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
18.
It is found that the development considerations which 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, orfuture neighboring uses, particularly considering the impact of
proposed development on potential to produce excessive traffic, noise, smoke, fumes,
glare and odors.
19.
Applicant shall submit a metes and bounds l~gal description that
references the recognized government corners. 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.
20.
The property is currently zoned R-l in Ada County. Applicant has
requested annexation because sewer service is being requested and the Meridian City
Council asked that an annexation application be submitted. The requested zone,
R-15, is for a Medium High Density Residential District. The purpose of the R-15
District is to permit the establishment of medium-high density single-family attached
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING / ALICE CULVER
and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per
acre. All such districts must have direct access to a transportation arterial or
connector, abut or have direct access to a park or open space corridor, and be
connected to the Municipal Water and Sewer systems of the City of Meridian. The
predominant housing types in this district will be patio homes, zero lot line single-
family dwellings, townhouses, apartment buildings and condominiums. The property
could be considered to have direct access to an open space corridor due to the fact
that Five Mile Creek is directly across Pine Street to the north.
21.
The property included in this application is located in an area
designated as Existing Urban in the Meridian Comprehensive Plan. Property to the
south, west and east of this parcel is zoned R-l in Ada County. The property north
across Pine Street is zoned L-O.
22.
The proposed development will serve existing and growing needs and
will provide services to surrounding institutional, commercial and residential
development.
23.
The development of the property as an (R-15) Medium High Density
Residential District, as requested by the Applicant, will be compatible to the
development in the surrounding area subject to the conditions of development herein
found to be reasonable in relation to the requested zone (R-15) Medium High
Density Residential District and is accordance with the adoptive Comprehensive Plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page.?
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ ALICE CULVER
of the City of Meridian.
24.
There are no major or scenic features of major importance that affect
the consideration of this application.
25.
The subject annexation request and zoning designation and proposed
development relates to the goals and policies of the Comprehensive plan of the City
as follows:
25.1 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 ofthe Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
25.2 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.
25.3 The expansion of commercial development is facilitated by the granting
of this application subject to the conditions herein set forth.
25.4 The application is consistent with Meridian's self identity.
25.5 The proposed development will be consistent with the goal of supplying
employment and economic self-sufficiency for the existing and future
residents of the City and the reduction of the reliance upon Boise and
the strengthening of the City's ability to finance and implement public
improvements, services and its open space character.
25.6 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ ALICE CULVER
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
25.7 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.
25.8 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.
26.
The property can be physically serviced with City water and sewer, if
applicant extends the lines.
27.
Meridian has, and is, experiencing a population increase; that there are
pressures on land previously used for agricultural uses to be developed into
commercial uses and other uses.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ ALICE CULVER
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:
4.1
4.2
4.3
4.4
4.5
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.
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.
The expansion of commercial development is facilitated by the granting
of this application subject to the conditions herein set forth.
The application is consistent with Meridian's self identity.
The proposed development will be consistent with the goal of supplying
employment and economic self-sufficiency for the existing and future
residents of the City and the reduction of the reliance upon Boise and
the strengthening of the City's ability to finance and implement public
improvements, services and its open space character.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING / ALICE CULVER
4.6
4.7
4.8
5.
The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
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.
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.
The requested zoning of Medium High Density Residential District, (R-
IS) is defined in the Zoning Ordinance at 11-2-408 B.S. as follows:
6.
(R-15) Medium High Density Residential District: The purpose of the
(R-15) District is to permit the establishment of medium-high density
single-family attached and multi-family dwellings at a density not
exceeding fifteen (15) dwelling units per acre. All such districts must
have direct access to a transportation arterial or collector, abut or have
direct access to a park or open space corridor, and be connected to the
Municipal Water and Sewer systems of the City of Meridian. The
predominant housing types in this district will be patio homes, zero lot
line single-family dwellings, townhouses, apartment buildings and
condominiums.
That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B,
Residential, lists residential uses allowed in the various zoning districts of the City;
that single-family dwellings and multi-family dwellings are listed as permitted uses in
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ ALICE CULVER
the Medium High Density Residential (R-15) District.
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).
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 11-2-417 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 talce effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ ALICE CULVER
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. This application is for annexation and zoning of 911 E. Pine
Street, located on the south side of Pine Street approximately 1700-feet west of
Locust Grove Road, Meridian, Idaho. 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.
2. That the City Attorney shall prepare for consideration by the City
Council the appropriate ordinance for the annexation and zoning designation. (R-15)
Medium High Density Residential Ordinance shall not be finally approved by the
City Council until provisions of parts 1 and 3 of this order have been met; and
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
Applicant to submit a metes and bounds legal description that
references the recognized government corners. 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.
Property is currently zoned R-l in Ada County. Applicant has requested
annexation because sewer service is being requested and the Meridian
City Council asked that an annexation application be submitted. The
requested zone, R-15, is for a Medium High Density Residential
District. The purpose of the R-15 District is to permit the establishment
of medium-high density single-family attached and multi-family
dwellings at a density not exceeding fifteen (15) dwelling units per acre.
All such districts must have direct access to a transportation arterial or
connector, abut or have direct access to a park or open space corridor,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ ALICE CULVER
3.3
3.4
3.5
3.6
3.7
3.8
and be connected to the Municipal Water and Sewer systems of the
City of Meridian. The predominant housing types in this district will be
patio homes, zero lot line single-family dwellings, townhouses,
apartment buildings and condominiums. The property could be
considered to have direct access to an open space corridor due to the
fact that Five Mile Creek is directly across Pine Street to the north.
The property included in this application is located in an area
designated as Existing Urban in the Meridian Comprehensive Plan.
Property to the south, west and east of this parcel is zoned R-l in Ada
County. The property north across Pine Street is zoned L-O.
Upon future development, any existing irrigation/drainage ditches
crossing the property to be included in this project, shall be tiled per
City Ordinance 11-9-605.M. Plans shall be approved by the appropriate
irrigation/drainage district, or lateral users association, with written
confirmation of said approval submitted to the Public Works
Department.
Any existing domestic wells and/or septic systems within this parcel
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.
If the R-15 zone is approved, staff recommends that all development
proposals shall be processed under the conditional use permit process.
Applicant shall dedicate 35-feet of right-of-way from the centerline of
Pine Street abutting the parcel by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance of a
building permit (or other required permits), whichever occurs first. The
owner will be compensated for all right-of-way dedicated as an addition
to existing right-of-way from available impact fee revenues in this
benefit zone, if the owner submits a letter of application to the impact
fee administrator prior to breaking ground, in accordance with Section
IS of ACHD Ordinance #188.
Utility street cuts in the new pavement are not allowed unless approved
in writing by the District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ ALICE CULVER
3.9
Applicant shall construct a 5-foot wide detached concrete sidewalk on
Pine Street abutting the site. Locate the sidewalk within 2-feet of the
new right-of-way of Pine Street. Coordinate the location, elevation and
grade of the sidewalk with District staff.
3.10 Locate all driveways a minimum of ISO-feet from the nearest
existing/proposed driveway on Pine Street. Construct all driveways on
Pine Street as 24 to 30-foot wide curb return driveways. Pave the
driveway its full required width and at least 30-feet beyond the edge of
pavement of Pine Street and install pavement tapers with IS-foot radii
abutting the existing roadway edge.
3.11 As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ ALICE CULVER
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who 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 May 18, 1999.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED~
COUNCILMAN GLENN BENTLEY
VOTED~
COUNCILMAN KEITH BIRD
VOTEDr
COUNCILMAN CHARLIE ROUNTREE
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATE: {J-I- 99
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/ ALICE CULVER
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
Bydl~~~ 9-
City Clerk (/
MOTION:
APPROVED: W~
msg/Z,IWork\M\Meridian 1 5360MICuiver AZlFFCL
DISAPPROVED:-
Dated:
b~'-'1r
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING / ALICE CULVER