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Autumn Faire Subdivision AZ 00-009 (Y\~ RECORDED' REOUEI/:F . .\DA COUNTY RECORDER J. ~~YJ~.~~XMRO CJ:f/J FEE~DEPUTY. ZOOI SP -6 PH I: 34. 3W, 0 , 092 I I 5 DEVELOPMENT AND CONSENT TO ANNEXATION AGREEMENT PARTIES: l. 2. City of Meridian Dean and Julia Langley, husband and wife, Owner THIS DEVELOPMENT AND CONSENT TO ANNEXATION AGREEMENT (this "Agreement"), is made and entered into this gat) day of ~r+ ,2001, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and DEAN AND JULIA LANGLEY, husband and wife, hereinafter called "OWNER" and/or "LANGLEY", whose address is 3185 N. Black Cat Road, Meridian, Idaho 83634. 1. RECITALS: 1.1 1.2 1.3 1.4 WHEREAS, "Owner" 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" make a written commitment concerning the use or development of the subject "Property" at the time of connection request; and WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development upon the annexation and/or re-zoning of land; and WHEREAS, City Council, the/ßtáay of J;flt. ,2000, has approved certain Findings of Fact and Conclusions of DEVELOPMENT AGREEMENT AND CONSENT TO ANNEXATION LANGLEY (AZ-OO-OO9) - 1.6 1.7 1.8 Law and Decision and Order in Case No. AZ-00-006, abutting this property, and which Findings are set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.5 "OWNER" 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 WHEREAS, a condition of the approval of the Autumn Faire Subdivision, is that a development and consent to annexation agreement shall be entered into between "Langley" and the "City" for future annexation of the Property to the City. WHEREAS, there is further an agreement by "Langley" to include his portion of property abutting the Autumn Faire Subdivision, referenced to future annexation by the City of Meridian. WHEREAS, the "City" has agreed to supply water and sewer service connection to the "Langley" property when one of the connection requirements described in section 5.2, below are met. 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: DEVELOPMENT AGREEMENT AND CONSENT TO ANNEXATION LANGLEY (AZ-OO-OO9) 2 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. "OWNER" AND/OR "LANGLEY": means and refers to Dean and Julia Langley, husband and wife, whose address is 3185 N. Black Cat Road, Meridian, Idaho 83642, the owner of said "Property" and shall include any subsequent owner(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. 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 Meridian City Code Sections 11-7-2 (C). 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 The existing uses shall continue as nonconforming uses. Additionally, that connection to City water and sewer shall not be required until one of the following occur: 5.2.1 Property owner requests connection; or DEVELOPMENT AGREEMENT AND CONSENT TO ANNEXATION LANGLEY (AZ-OO-OO9) 3 5.3 5.4 5.5 5.6 5.2.2 Property owner or agent applies for Planning and Zoning application to change use; or 5.2.3 Property owner or agent applies for any type of building permit to alter existing improvements or construct new ones. In consideration, the "City" agrees to provide water and sewer services to "Langley" for any development of the Property subject to this agreement. "Langley" agrees for themselves, their successors and assigns, that they consent to annexation of the Property into the City limits of the City of Meridian at such time as the Property is contiguous to the "City", or otherwise eligible for annexation, and upon request from the applicant. Further, "Langley", their successors and assigns, agree that they will not file any objections to annexation by the "City", will not impede the annexation process in any manner. "Langley" further agrees that the following shall be included upon all deeds transferring the Property: 5.6.1 By acceptance of the deed, Grantee, and Grantee's heirs, successors and assigns, acknowledges that said property is subject to consent to annexation, whereby said property will be annexed into the City of Meridian, Idaho. 5.6.2 Said Development and Consent to Annexation was recorded on the 6 ~ day of ~.r+- , 2001, as Instrument No. //)/()t!. DEVELOPMENT AGREEMENT AND CONSENT TO ANNEXATION LANGLEY (AZ-OO-OO9) 4 5.7 5.8 in the official records of the Ada County Recorder, Ada County, Idaho. The City hereby acknowledges and agrees to supply water and sewer services to the "Langley" property upon payment of all applicable charges. The parties hereby agree that if any additional documents are necessary for annexation that both parties will execute said documents to accomplish the purposes of this agreement. 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 "Owner" or "Owner'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 r.c. § 67-6509, or any subsequent amendments or recodifications thereof. 7. DEFAULT: 7.1 7.2 In the event "Owner", "Owner'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 "Owner" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. DEVELOPMENT AGREEMENT AND CONSENT TO ANNEXATION LANGLEY (AZ-OO-O09) 5 8. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" cost, and submit proof of such recording to "Owner", 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. 9. ZONING: "City" shall, following recordation of the duly approved Agreement, after annexation is complete or concurrent therewith, enact a valid and binding ordinance zoning the "Property" as specified herein. 10. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner", or by any successor or successors in tide 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. 10.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" 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. DEVELOPMENT AGREEMENT AND CONSENT TO ANNEXATION LANGLEY (AZ-OO-OO9) 6 10.2 In the event the performance of any covenant to be performed hereunder by either "Owner" 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. 11. ABIDE BY ALL CITY ORDINANCES: That "Owner", his assigns, heirs, or successors agree to abide by all ordinances of the City of Meridian, and shall meet the conditions contained in this Agreement. 12. 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: OWNER: do City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Dean and Julia Langley 3185 N. Black Cat Road Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 12.1 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. 13. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party DEVELOPMENT AGREEMENT AND CONSENT TO ANNEXATION LANGLEY (AZ-OO-OO9) 7 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. 14. TIME IS OF THE ESSENCE: The parties hereto aclcnowledge 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. 15. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees ,upon written request of "Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Agreement. 16. 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. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or DEVELOPMENT AGREEMENT AND CONSENT TO ANNEXATION LANGLEY (AZ-OO-OO9) 8 implied, between "Owner" 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". 17.1 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. 18. 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 AND CONSENT TO ANNEXATION LANGLEY (AZ-OO-OO9) 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER: DEAN AND JULIA LANGLEY By~M BY:¥ dðj~ ~, fl., ~,~' dI~~~/9- I IBAL)\ City Clerk \..l BYRESOLUTIONÞ~O.- , \.,~.£J /i¡rpn v¿d bt; a~ ~ ~~~V DEVELOPMENT AGREEMENT AND CONSENT TO ANNEXATION LANGLEY (AZ-OO-OO9) 10 STATE OF IDAHO :ss COUNTY OF ADA On this3rd day of ~ ' in the year 2001, before me,~#...u..t ~ a N tary Public, personally appeared Dean Langley and lia Langley, husband and wife, known or identified to me to be the persons. who executed the instrument, and acknowledged to me having executed the;;sa"""'" .. ..'"f. ;.:,';, "" tary Public for Idaho ommission expires: (?~ ""."""'~!fIJ'.\ .....,.~~ 1jJ~ .'. ~. .,.~ ..,..... ()~, . \"'. . l ~.,.", "'.., ~ ;.;: <\ . 'f io"'(þ..RY\.;;',:, :. :~ ."- : :. ::,¡.' -'ü' C/' = ; \ ÞU"\" \ ¡ ¡ , 1. "'. "" ....~ ¡ ~(", ~ '. ,,' rf' ~,~f.", f' '~. ill'.""""~ ~ ."P.\ """I,~!,~fÄí1'1f'OF IDAHO :ss County of Ada On this /fIIo day of $p-k",,~e,.. , in the year 2001, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Icnow 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......... ,..". ..~ ,..- ~C1:, L. SA- ~' ,.'f- ..""... <'7<';. ~ .:' .... ,. ".. <$0 " i ! ~OTAl<J." \ (SEAL) : * : -.- l * i :: . . . \ \ Þ~BL\~. i '\"~ "... 0 I ,," ~ ...... t-~.t' ....ll OF 1" ""., ............, DEVELOPMENT AGREEMENT AND CONSENT TO ANNEXATION LANGLEY (AZ-OO-OO9) Public for Idaho 'ssion expires: O<{!::)(J/O7 I 11 EXHIBIT A Legal Description Of Property A tract of land situated in the NE 1/4 of Section 4, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the Northeast Corner of Section 4, common to Sections 33, 34, and 3 and 4, T. 3N., R. lW., B.M.; thence South 160.00 feet to a point being the REAL POINT OF BEGINNING; thence N. 89°56'20" W., a distance of 290.40 feet; thence South a distance of 150.00 feet; thence S. 89°56'20" E., a distance of 290.40 feet; thence North a distance of 150.00 feet to the REAL POINT OF BEGINNING. Containing 1.00 acres, more or less, which is subject to all existing or recorded easements or rights-of-way. AND A part of Government Lot 1 of Section 4, Township 3 North, Range I West, Boise Meridian, Ada County Idaho, more particularly described as follows: BEGINNING at the NE corner of said Government Lot 1 (Section corner common to sections 3, 4, 33 and 34), said corner monumented with a 3 inch diameter brass disk. Thence N. 89°18'37" W., a distance of 290.40 feet along the northerly boundary of said Government Lot 1 to a point; DEVELOPMENT AGREEMENT AND CONSENT TO ANNEXATION LANGLEY (AZ-OO-OO9) 12 . ' Thence S. 0°38'21" W., a distance of 159.95 feet parallel with the easterly boundary of said Government Lot 1 to a point; Thence S. 89°17'59" E., a distance of 290AO feet to a point on the easterly boundary of said Government Lot 1; Thence N. 0°38'21" E., a distance of 160.00 feet along the easterly boundary of said Government Lot I to the POINT OF BEGINNING. This parcel contains 1.06 acres more or less. All according to the sketch as shown as Exhibit "AA" attached hereon. Also, this parcel is subject to all easements and rights-of-way of record or implied. DEVELOPMENT AGREEMENT AND CONSENT TO ANNEXATION LANGLEY (AZ-OO-OO9) 13 ---------- N£. 1/1& Cor. II , , EXHIBIT ÞA A PART OF THE NE 1/4 .SECTION 4, TOWNSHIP :; NORTH, RANGE 1 WEST. BOISE MERIDIAN. ADA COUNTY. 'IDAHO t.' 1/1& Cor. NIIS"IS'37"W ""9.2:1 ,~ ~ .. Š ~ i uS'llCl< ."'" /----------- ,/ / -------------/ ::..:::.::::.\ Autum" Faire No.1 --:-'2&0 1320.&. 551 No ",& Cor. s.e. J/4 ¡; Ii: ¡w 3 S ~ ~ ¡¡ R. , w. -..,-.:- "'.". No. 79= " EXHIBIT B Findin~s of Fact and Conclusions of Law/Conditions of Approval Z:\Work\M\Merldian\Meridian 15360MlAutumn Faire Sub AZ and PPlDevelopAI!1'Lanolev DEVELOPMENT AGREEMENT AND CONSENT TO ANNEXATION LANGLEY (AZ-OO-OO9) 14 . . BEFORE THE MERIDIAN CI'IY COUNCIL IN THE MATTER OF THE APPLICATION OF GEM STAR PROPERTIES, LLC, THE APPLICATION FOR ANNEXATION AND ZONING OF 100.9 ACRES FOR AUTUMN FAIRE SUBDMSION, LOCATED AT THE SOUTHWEST CORNER OF BLACK CAT AND USTICK ROADS, MERIDIAN, IDAHO Revised C/C 08-15-00 ) ) ) ) ) ) ) ) ) ) ) ) Case No. AZ-00-009 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 June 6, 2000, and continued until June 20, 2000, July 5, 2000, and tabled at the Jùly 18, 2000 meeting and then re-noticed for public hearing on August 15,2000, at the hour of 7:30 p.m., and at the June 6, 2000 meeting, Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the partner of the owner, Gem Star Properties, appeared and testified, and appearing and testifying on FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDMSION (AZ-00-009) . . behalf of the Applicant were: Scott Stanfield and Dave Mortenson, and appearing and testifying with comments/concerns or in opposition was: Linda Williams, and at the August IS, 2000 meeting. Shari Stiles, Planning and Zoning Administrator, and Tom Kuntz, Parks and Recreation Director, appeared and testified, and appearing on behalf of the Applicant were: Scott Stanfield of Earl & Associates, and Susan Wildwood, and appearing and testifying with comments or concerns were: Linda Dettero, Monty Janicek, and Dean Langley, 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 June 6, 2000, and continued until June 20, 2000, July 5, 2000, and tabled at the July 18, 2000 meeting and then re-noticed for public hearing on August 15,2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (IS) 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONINGIBY GEM STAR PROPERTIES, LLC AUTUMN FAlRE SUBDMSION (AZ-00-009) ,./ . . television stations as public service 3lUlOuncements; and the matter having been duly considered by the City Council at the June 6, 2000, and continued until June 20, 2000, July 5,2000, and tabled at the July 18,2000 meeting and then re-noticed for public hearing on August 15,2000, 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 Meridian City Code §§ 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Tiùes 11 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. 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. 5. The property is approximately 100.9 acres in size and is located at the southwest corner of Black Cat and Ustick Road. The property is designated as FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAlRE SUBDMSION (AZ-00-009) . . Autumn Faire Subdivision. 6. The owner of record of the subject property is Langley Farms Limited Partnership, do Stella McNealy, Meridian, Idaho. 7. 8. Applicant is Gem Star Properties, LLc., of Eagle, Idaho. The property is presently zoned by Ada County as RT, and consists of agricultural property. 9. Residential. The Applicant requests the property be zoned as R-4 Low Density 10. The subject property is bordered to the east and south by Meridian city limits, and to the north and east by Ada County. 11. T\1e 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: single family residential subdivision. 14. The Applicant requests zoning of the subject real property as R-4 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDMSION (AZ-00-009) . . 15. 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 Recommendations of the Planning and Zoning and Engineering staff as follows: 16.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for nondomestic purposes such as landscape irrigation. 16.3 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). 16.4 Adrainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 16.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 1 2-5-2.M. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAlRE SUBDMSION (AZ-00-009) . . 16.6 All signage shall be in accordance with the standards set forth in the City of Meridian ZOIÚng and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs shall be permitted. 16.7 Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 16.8 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 16.9 Applicant shall be required to dedicate a site near the northeast comer of the development for a new City well. 16.10 Once the Black Cat Sanitary Sewer Trunk fee is established and approved by the Meridian City Council, such fees shall be applied to each building pennit issued in this development. The current estimated fee is $1,500.00 per lot. 16.11 All lots within this development shall be subject to the applicable latecomers fees on the existing Ashford Greens sanitary sewer lift station and water main extension. 16.12 The well lot shall be designated access to the north parcel and access to the southeast quarter. The out parcels shall be annexed. 16.13 Applicant shall be required to develop a minimum 30 foot pathway along the south boundary of the proposed Phase 5 and that shall be required to be rough graded at the developer's expense. In order to accommodate the 30 foot pathway the affected lots shall be shortened in depth by 10 feet. 16.14 Construction materials and type of fencing along the pathway shall be subject to the Parks and Recreation Department and Planning and Zoning Department's approval. 16.15 Applicant shall provide a letter of credit, in the sum of the value of the proposed park land based on the actual acreage and the applicant's purchase price. The surety shall be provided upon approval of the final plat for Phase 1 of Autumn Faire. It shall be exercisable by the City in FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN PAlRE SUBDMSION (AZ-00-009) . . the event that three years elapse from the approval of the preliminary plat for Autumn Faire, and the park land or substitute property has not been transferred to the City. The applicant will post a letter of credit with the City in the amount of $204,000. This letter of credit will be in lieu of park impact fees for Phases One through Five of Autumn Faire. The proposed park land shall be transferred upon approval of the final pIat for proposed Phase Five. The letter of credit will expire when the park land has been conveyed and accepted by the City. 16.16 The surety shall become void upon transfer of the proposed park land or substitute property in Phase 5 to the City of Meridian. 16.17 The City shall waive park fees associated with Autumn Faire because of the condition related to donation of park land or exercise of the letter of credit. 16.18 Applicant shall transfer the park land to the City upon approval of the final plat for Phase 5 of the project, and park land to be the site referred to at hearing as being in Autumn Faire No.2 or an alternative site in Autumn Faire No.1. 16.19 Applicant shall provide stubbed street, sewer and water to the proposed park as part of the construction of Phase 5 of the project. 16.20 If, at approval of the final plat of Phase Five, applicant does not deed the 6.8 acre park to the City, and if the applicant fails to provide 6:8 acres or more of park space in Phases Three, Four or Five of Autumn Faire, or if more than three years elapse after adoption of these Findings and the park site has not been donated, then, the letter of credit shall be exercisable in favor of the City. If the 6.8 acre park site is donated as represented by the applicant within three years of the date of adoption of these Findings, the letter of credit shall become void. 16.21 Applicant, at its expense, will provide stubbed street, sewer and water to any proposed park site during construction of Phase Five of Autumn Faire. 16;22 Applicant agrees, at City's option, to provide rough and fine grading of the park site. City shall reimburse applicant for the unit cost (but not FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAI;RE SUBDIVISION (AZ-00-009) . . move in, move out, or mobilization costs) of the rough and fine grade work done on the park site. 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 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. 18. It.'is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be tal<.en 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. 19. It is found that the zoning of the subject real property as Low Density Residential District (R-4) 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 8 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONINGIBY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDMSION (AZ-OO-OO9) . . Generalized Land Use Map which designates the subject property as Single Family Residential. 20. 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: 20.1 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 ordinance of the City to all applications such as the subject application. 20.2 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. 20.3 The application is consistent with Meridian's self-identity. 20A 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 ordinance of the City to the subject application. 20.5 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAlRE SUBDMSION (AZ-00-009) . . 20.6 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 ordinance of the City to the subject application. 21. 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 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: 4A The Goals of the Comprehensive Plan are set forth at Page 5 and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) include: 4.1 4.2 4.3 4.4 . . To preserve Meridian's environmental quality and to malœ 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 aU economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which win fin the needs and preferences of the 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 11 AND DECISION AND ORDER GRANTING APPliCATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDMSION (AZ-OO-OO9) . . 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. 8. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 9. Section 11-16-4 A 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. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. 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: FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 13 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDMSION (AZ-OO-OO9) 1. . . The applicant's request for annexation and zoning of approximately 100.9 acres to Low Density Residential District (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 100.9 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 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-atmexation, 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: 3.1 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. Novariances have been requested for tiling of any ditches crossing this project. 3.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for nondomestic purposes such as landscape irrigation. 3.3 Off-street parking shall be provided in accordance with City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBY GEM STAR PROPERTIES, LLC AUTUMN FAlRE SUBDMSION (AZ-OO-O09) 3.4 3.5 3.6 3.7 3.8 3.9 . . Zoning and Development Ordinance (Ord. 11-13). A drainage plan designed by a State of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 1 2-5-2.M. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs shall be permitted. Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. Applicant shall be required to dedicate a site near the northeast corner of the development for a new City well. 3.10 Once the Black Cat Sanitary Sewer Trunk fee is established and approved by the Meridian City Council, such fees shall be applied to each building permit issued in this development. The current estimated fee is $1,500.00 per lot. 3.11 All lots within this development shall be subject to the applicable latecomers fees on the existing Ashford Greens sanitary sewer lift station and water main extension. 3.12 The well lot shall be designated access to the north parcel and access to the southeast quarter. The out parcels shall be annexed. 3.13 Applicant shall be required to develop a minimum 30 foot pathway along the south boundary of the proposed Phase 5 and that shall be required to be rough graded at the developer's expense. In order to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAJ;RE SUBDIVISION (AZ-00-009) . . accommodate the 30 foot pathway the affected lots shall be shortened in depth by 10 feet. 3.14 Construction materials and type of fencing along the pathway shall be subject to the Parks and Recreation Department and Planning and Zoning Department's approval. 3.15 Applicant shall provide a letter of credit, in the sum of the value of the proposed park land based on the actual acreage and the applicant's purchase price. The surety shall be provided upon approval of the final plat for Phase 1 of Autumn Faire. It shall be exercisable by the City in the event that three years elapse from the approval of the preliminary plat for Autwnn Faire, and the park land or substitute property has not been transferred to the City. The applicant will post a letter of credit with the City in the amount of $204,000. This letter of credit will be in lieu of park impact fees for Phases One through Five of Autumn Faire. The proposed park land shall be transferred upon approval of the final plat for proposed Phase Five. The letter of credit will expire when the park land has been conveyed and accepted by the City. 3.16 The surety shall become void upon transfer of the proposed park land or substitute property in Phase 5 to the City of Meridian. 3.17 The City shall waive park fees associated with Autumn Faire because of the condition related to donation of park land or exercise of the letter of credit. 3.18 Applicant shall transfer the park land to the City upon approval of the final plat for Phase 5 of the project, and park land to be the site referred to at hearing as being in Autumn Faire No.2 or an alternative site in Autwnn Faire No.1. 3.19 Applicant shall provide stubbed street, sewer and water to the proposed park as part of the construction of Phase 5 of the project. 3.20 If; at approval of the final plat of Phase Five, applicant does not deed the 6.S acre park to the City, and if the applicant fails to provide 6.8 acres or mOre of park space in Phases Three, Four or Five of Autumn Faire, or if more than three years elapse after adoption of these Findings and the FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 16 AND DEOSION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDMSION (AZ-00-009) . . park site has not been donated, then, the letter of credit shall be exercisable in favor of the City. If the 6.8 acre park site is donated as represented by the applicant within three years of the date of adoption of these Findings, the letter of credit shall become void, 3.21 Applicant, at its expense, will provide stubbed street, sewer and water to any proposed park site during construction of Phase Five of Autumn Faire. 3.22 Applicant agrees, at City's option, to provide rough and fine grading of the park site. City shall reimburse applicant for the unit cost (but not move in, move out, or mobilization costs) of the rough and fine grade work done on the park site. 4. The City Attorney shall prepare for consideration by the City Council the apprdpriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential District, and Meridian City Code § 11-7-2 C. 5. Subsequent tö the passage of the Ordinance provided for in section 4 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521, an affected person is a person who has an interest in real property which may be adversely affected by the issuance or FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 17 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAlRE SUBDMSION (AZ-OO-009) . . 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, Tiùe 67, Idaho Code. By action of the City Council at its regular meeûngheld on the ¡tj-f£ day of ~f)IæFv~ , , ,2000. ROLL CALL COUNCILWOMAN CHERIE McCANDLESS VOTED~ VOTED~ VOTED-þ- VOTEDþ. VOTED- COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 9-19 --pO MOTION: APPROVED:~SAPPROVED:- msg/Z:\WorkIM\MeridianlMeridian I S360MlAutumn FIIi", Sub AZ and PPlAZFtClsOrder,wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONlNGIBY GEM STAR PROPERTIES, LLC AUTUMN FAIRE SUBDIVISION (AZ-00-009) . . 4.9 To encourage a balance ofland 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. 4.B Comprehensive Plan Policies: The policies listed below most directly apply to the proposed project: Encourage new development which reinforces the City's present development pattern of higher-density development within the Old Town area and low- density development in outlying areas (Comp. Plan Policy lAU, pg. 23). Residential developments shall be phased in accordance with their connection to the municipal sewer system (Comp. Plan Policy 1.7, pg. 67). 5. The zoning of Low Density Residential District.(R-4) is defined in the Zoning Ordinance at § 11-7-2 CH as follows: lR-4) Low Densit;y Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the municipal water and sewer systems of the City. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation onand. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 12 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING/BY GEM STAR PROPERTIES, LLC AUTUMN FAlRE SUBDIVISION (AZ-OO-009)