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
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City Clerk \..l
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DEVELOPMENT AGREEMENT AND
CONSENT TO ANNEXATION LANGLEY (AZ-OO-OO9)
10
STATE OF IDAHO
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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
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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.........
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DEVELOPMENT AGREEMENT AND
CONSENT TO ANNEXATION LANGLEY (AZ-OO-OO9)
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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
----------
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EXHIBIT ÞA
A PART OF THE NE 1/4 .SECTION 4, TOWNSHIP :; NORTH, RANGE 1 WEST.
BOISE MERIDIAN. ADA COUNTY. 'IDAHO
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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
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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)