Baldwin Park Subdivision AZ 01-027
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PARTIES: I.
2.
ADA CCfUNTY RE. COROER~
J. DAVID NAVARRO
BOISE. !DAHO .
ZÛÛ2JL 24 M1 9: 47
RECORDED;~~ST~F ;
FEE~~~
102083000
MERJDIAhl CITY
DEVELOPMENT AGREEMENT
3.
City of Meridian
J. Ramon and Marilyn Yorgason, husband and wife,
Owners
Capital Development Corporation, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this q~ day of Jtt..li ,2002-, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and RAMON AND MARILYN YORGASON,
husband and wife, hereinafter called "OWNERS", whose address is 2304 N.
Cole Road, Boise, Idaho 83704, and CAPITAL DEVELOPMENT
CORPORTION, hereinafter called "DEVELOPER", whose address is 2304 N.
Cole Road, Boise, Idaho 83704.
1.
RECITALS:
l.l
WHEREAS, "Owners" are the sole owners, in law and/or
equity, of certain tract of land in the County of Ada, State
of Idaho, described in Exhibit A, which is attached hereto
and by this reference incorporated herein as if set forth in
full, herein after referred to as the "Property"; and
1.2
WHEREAS, r.c. §67-6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the "Owners" or "Developer" make a
written commitment concerning the use or development of
the subject "Property"; and
1.3
WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-15-12 and 11-16-4 A,
which authorizes development agreements upon the
annexation and/or re-zoning of land; and
1.4
WHEREAS, "Owners" and "Developer" have submitted
an application for annexation and zoning of the
"Property"s described in Exhibit A, and has requested a
DEVELOPMENT AGREEMENT (AZ-OI-O27) - 1
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1.5
1.6
1.7
1.8
1.9
designation of (R-8) Medium Density Residential District,
(Municipal Code of the City of Meridian); and
WHEREAS, "Owners" and "Developer" made
representations at the public hearings both before the
Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the subject "Property"
will be developed and what improvements will be made;
and
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning & Zoning
Commission, and subsequently before the City Council,
include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
WHEREAS, City Council, the IG~ day of /}Pd¿ ,2002,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
WHEREAS, the "Findings" require the "Owners" and
"Developer" enter into a development agreement before the
City Council takes final action on annexation and zoning
designation; and
"OWNERS" and "DEVELOPER" deem it to be in its
best interest to be able to enter into this Agreement and
acknowledges that this Agreement was entered into
voluntarily and at its urging and requests; and
1.10 WHEREAS, "City" requires the "Owners" and "Developer"
to enter into a development agreement for the purpose of
ensuring that the "Property" is developed and the
DEVELOPMENT AGREEMENT (AZ-OI-O27) - 2
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subsequent use of the "Property" is in accordance with the
terms and conditions of this development agreement,
herein being established as a result of evidence received by
the "City" in the proceedings for annexation and zoning
designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to ensure annexation and zoning
designation is in accordance with the Comprehensive Plan
of the City of Meridian adopted December 21, 1993,
Ordinance #629, January 4, 1994, and the Zoning and
Development Ordinances codified in Meridian City Code
Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1
3.2
3.3
"CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
"OWNERS": means and refers to 1. Ramon Yorgason and
Marilyn Yorgason, husband and wife, whose address is
2304 N. Cole Road, Boise, Idaho 83704, the party
developing said "Property" and shall include any
subsequent ovvner(s)/developer(s) of the "Property".
"DEVELOPER": means and refers to Capital Development
Corporation, whose address is 2304 N. Cole Road, Boise,
DEVELOPMENT AGREEMENT (AZ-OI-027) - 3
3.3
Idaho 83704, the party developing said "Property" and
shall include any subsequent mvner(s)/developer(s) of the
"Property" .
"PROPERTY": means and refers to that certain parcells)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
4.2
The.uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Meridian City Code Section 11-7-2 (D) which
are herein specified as follows:
Development of a singlejamily residential subdivision
consisting of 2 72 dwellings, with approximately 10.2 acres
of open space on 14 common lots, including two pocket
parks with a total of2.57 acres, and.4 acres in 2
landscape buffer lots.
Development shall be consistent with the Meridian
Comprehensive Plan Generalized Lane Use Map which
designates the property as Single Family Residential, and go
through the planned development process and as conditional
uses.
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and
"Developer" are not required to submit to "City" an application for conditional
use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
DEVELOPMENT AGREEMENT (AZ-OI-O27) - 4
2.
A.
"Owners" and "Developer" shall develop the "Property" in
accordance vvith the following special conditions:
Adopt the Recommendations of the Planning and Zoning and Engineering
staff as follows:
1.
The applicant shall be responsible for designing and installing a new 12-
inch diameter water main in Linder Road, from its current location at the
intersection with Ustick Road. Sewer service for this development shall be
provided by the White Drain Trunk. The City of Meridian is in the design
phase of this trunk, with commencement of construction estimated at April
of this year. The applicant shall be responsible to provide main
connections to the White Drain Trunk to serve this development.
Adopt the Recommendations of the ACHD as follows:
1.
Applicant shall construct the following stub streets:
a.
At the north property line approximately 700 feet west of
the east property line, as proposed;
At the east property line approximately 100 feet south of
the north property'line, as proposed;
At the east property line approximately 150 feet north of
the south property line;
On the north property line approximately 750 feet east of
the west property line; and
On the soutfi property line approximately 500 feet west of
the east property 1ine. .
b.
c.
d.
e.
Due to the fact that Meridian School District does not want a vehicular
access to the property to the future school site, the applicant should
construct a pedestrian walkway to allow pedestrians to access the school
site without utilizing the arterial roadway.
Special Notification to Applicant
3.
To be consistent with previous Facts and Findings and Commission
action, the applicant should recognize that this development (the
preliminary plat and conditional use) may be subject to any
extraordinary impact fee or LID established by ACHD. Any
DEVELOPMENT AGREEMENT (AZ-OI-O27) - 5
implementation of extraordinary impact fees or an LID would first be
subject to a public hearing.
4.
To promote a safe pedestrian walkway on Linder Road, District staff
recommends that the applicant work with the owner of the "out parcel"
to the south to dedicate right-of-way and construct 5-foot concrete
sidewalk.
The following Site Specific Requirernents and Standard Requirernents
rnust be met or provided for prior to ACHD approval of the final plat:
Site Specific Requirements:
5.
Dedicate 48-feet of right-of-way from the centerline of Linder Road
abutting the parcel by means of recordation of a final subdivision plat
prior to issuance of a building permit (or other required permits),
whichever occurs first. Allow up to 30 business days to process the
right-of-way dedication after receipt of all requested material. The
owner will be paid the fair market value of the right-of-way dedicated
which is an addition to e.."<Ísting ACHD right-of-way if the ovvner
submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with ACHD Ordinance # 195. The
right-of-way purchase agreement must be completed and signed by the
applicant prior to scheduling the final plat for signature by the ACHD
Commission.
6.
Construct a 5-foot wide detached concrete sidewalk on Linder Road
located 2.feet within the new right-of-way. Coordinate the location and
elevation of the sidewalk with District staff. If the sidewalk meanders
outside of the right-of-way, provide an easement for the sidewalk.
7.
Construct the main entrance to the subdivision, West Monument Drive,
located 550-feet south of the north property line, as proposed. West
Monument Drive shall be designed with 21-foot street sections on either
side of a center median. The median shall be constructed a minimum of
4-feet wide (maximum 12-feet wide) to total a minimum of a 100-
square foot area. The applicant will be required to dedicate 54-feet of
right-of-way plus the additional width of the median.
DEVELOPMENT AGREEMENT (AZ-OI-O27) - 6
8.
Construct a protected left-turn lane at the site driveway, as detern1Îned
by the traftìc impact study that was submitted. The applicant shall
coordinate the design and location with District staff.
9.
Construct all public roads within the subdivision as 36-foot street
sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-
feet of right-of-way.
ro.
West Monument Drive segments shall be designated as a collector
roadway with no front-on housing and access restrictions for this street
segments shall be stated on the final plat. District policy requires that
these street segments be constructed as 39-foot street section vvithin 52-
feet of right-of-way with curb, gutter and 5-foot wide concrete
sidewalks.
11.
Construct a stub street that is located at the north property line
approximately 700-feet west of the east property line, as proposed.
12.
Construct a stub street that is located at the east property line
approximately roO-feet south of the north property line, as proposed.
13.
Construct a stub street that is located at the east property line
approximately 150-feet north of the south property line, as proposed.
14.
Construct a stub street that is located on the north property line
approximately 750-feet east of the west property line.
15.
Construct a stub street that is located on the south property line
approximately 500-feet west of the east property line.
16.
The applicant shall be required to install a sign at the terminus of these
roadways stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE". Coordinate the sign plan for the stub street, and the design
of the turnaround (if necessary) with District staff.
DEVELOPMENT AGREEMENT (AZ-OI-027) - 7
20.
21.
22.
23.
17.
Construct an ACHD approved turnaround at the end of vVest Cresent
Court, North Clearbrooke Place, North Buckstone Place and North
Denali Place. Submit a design of the turnaround for review and
approval by District staff.
18.
The turnarounds shall be constructed to provide a minimum turning
radius of 45-feet. The applicant shall also be required to provide a
minimum of a 29-foot street section on either side of any proposed
center islands within the turnarounds. The medians shall be constructed
a minimum of 4-feet wide to total a minimum of a 100-square foot area.
Dedicate 54-feet of right-of-way plus the additional width of the
median.
19.
Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat shall be owned and maintained by a homeowners
association. Notes of this shall be required on the final plat.
Any existing irrigation facilities shall be relocated outside of the right-of-
way.
Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact Construction
Services at 387-6280 (with file numbers) for details.
All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
Other than the access point specifically approved with this application,
direct lot or parcel access to Linder Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
Standard Requirernents:
24.
Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance # 195, also known as Ada
County Highway District Road Impact Fee Ordinance.
DEVELOPMENT AGREEMENT (AZ-Ol-O27) - 8
27.
28.
25.
All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable
ACHD Ordinances unless specifically waived herein. An engineer
registered in the State of Idaho shall prepare and certify all
improvement plans.
26.
It is the responsibility of the applicant to verify all existing utilities
within the right-of-way. Existing utilities damaged by the applicant
shall be repaired by the applicant at no cost to ACHD. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full
business days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event
any ACHD conduits (spare or filled) are compromised during any phase
of construction.
No change in the terms and conditions of this approval shall be valid
unless they are in writing and signed by the applicant or the applicant's
authorized representative and an authorized representative of the Ada
County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County
Highway District.
Any change by the applicant in the planned use of the property which is
the subject of this application, shall require the applicant to comply
with all rules, regulations, ordinances, plans, or other regulatory and
legal restrictions in force at the time the applicant or its successors in
interest advises the Highway District of its intent to change the planned
use of the subject property unless a waiver/variance of said requirements
or other legal relief is granted pursuant to the law in effect at the time
the change in use is sought.
Adopt the Meridian Fire Department Recommendations. as follows:
1.
A fire-flow of 1,000 gallons per minute shall be available for a duration
of 2 hours to service the entire project. Fire hydrants shall be placed an
average of 400' apart at approved locations.
DEVELOPMENT AGREEMENT (AZ-OI-O27) - 9
2.
Operational fire hydrants and temporary or pernlanent street signs are
required before combustible construction begins.
3.
Acceptance of water supply for fire protection is contingent upon
acceptance of the water system by the City of Meridian.
4.
Final approval for fire hydrant location shall be by the Meridian Fire
Department.
5.
All tUrning radii shall be a minimum of 28' inside and 48' outside for the
internal road system.
6.
Insure that all yet undeveloped parcels are maintained free of
combustible vegetation.
7.
The roadways shall be built to Ada County Highway standards.
8.
Any roadway greater than 150' in length that is not provided with an
outlet shall be required to have a turnaround; this requirement may
apply during the phasing of the project.
9.
Provide one additional access road to service Great Basin, White Sands,
Biscayne Park and Melrose Park.
Additionally, comply with the action of the City Council from their March 19,
2002 meeting as follows:
1.
The typical Micro-path section is not approved as shown on the
Preliminary Plat. All drainage shall be maintained within the 7 '/2 foot
area on either side of the micro-path, not drained to the fence line as
shown on the Preliminary Plat.
2.
A minimum three-foot-wide separation between the asphalt pathway
and adjacent building lots has not been followed, (typical micro-path
with drainage section).
3.
Show the moving of phase lines for Phases 3 and 4.
DEVELOPMENT AGREEMENT (AZ-OI-027) - 10
4.
Show existing and proposed easements on the plat as required by State
Code and Citv Ordinance.
5.
Within Settler's Irrigation District's letter dated March 19,2002, they
are requesting easements of 60 feet on the White Drain and 30 feet on
the Coleman lateral, which dimensions are not depicted on the most
recently submitted preliminary plat. If joint trench is to be utilized for
the Coleman Lateral easement, a minimum 15-foot-wide easement will
be required along the frontage of all lots on the east side of North Hyde
Park Avenue. The preliminary plat needs to reflect compliance with
agency approvals or written evidence from those agencies must be
submitted if conflicting conditions of approval are agreed upon.
Additionally, the .District also requires the Coleman Lateral be tiled, and
that the pressurized irrigation system be installed according to the
District's standards and specifications.
6.
Applicant has submitted a letter dated April 2, 2002, which addresses
Settler's Irrigation District, and which is on file with the Meridian City
Clerk's office.
7. 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 "Owners"
and "Developer" or "Owners" and "Developer"'s heirs, successors, assigns, to
comply with Section 6 entitled "Conditions Governing Development" of
subject "Property" of this agreement within two years of the date this
Agreement is effective, and after the "City" has complied with the notice and
hearing procedures as outlined in I.c. ' 67-6509, or any subsequent
amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owners" and "Developer" consent upon default to the de-
annexation and/or a reversal of the zoning designation of the "Property"
subject to and conditioned upon the following conditions precedent to-wit:
DEVELOPMENT AGREEMENT (AZ-OI-O27) - 11
8.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Owners" and "Developer"
and if the "Owners" and "Developer" fails to cure such
failure within sL;: (6) months of such notice.
9. INSPECTION: "Ovvners" and "Developer" shall, immediately
upon completion of any portion or the entirety of said development of the
"Property" as required by this agreement or by City ordinance or policy, notify
the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance
with the terms and conditions of this Development Agreement and all other
ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1 In the event "Ovvners" and "Developer", "Ovvners" and
"Developer"'s heirs, successors, assigns, or subsequent
owners of the "Property" or any other person acquiring an
interest in the "Property", fail to faithfully comply with all
of the terms and conditions included in this Agreement in
connection with the "Property", this Agreement may be
modified or terminated by the "City" upon compliance
with the requirements of the Zoning Ordinance.
10.2 A waiver by "City" of any default by "Owners" and
"Developer" of anyone or more of the covenants or
conditions hereof shall apply solely to the breach and
breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of
any such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Owners" and "Developer"'s cost, and submit proof of such
recording to "Owners" and "Developer", prior to the third reading of the
Meridian Zoning Ordinance in connection with the annexation and zoning of
the "Property" by the City Council. If for any reason after such recordation,
the City Council fails to adopt the ordinance in connection with the
DEVELOPMENT AGREEMENT (AZ-OI-027) - 12
annexation and zoning of the "Property" contemplated hereby, the "city" shall
execute and record an appropriate instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Ovvners" and "Developer", or by
any successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
13.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Ovvners" and "Developer"
shall have thirty (30) days after delivery of notice of said
breach to correct the same prior to the non-breaching
party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty
(30) day period, if the defaulting party shall commence to
cure the same within such thirty (30) day period and
thereafter shall prosecute the curing of same with diligence
and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to
complete the curing of the same with diligence and
continuity.
13.2 In the event the performance of any covenant to be
performed hereunder by either "Owner" and "Developer"
or "City" is delayed for causes which are beyond the
reasonable control of the party responsible for such
performance, which shall include, without limitation, acts
of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time
of such delay.
DEVELOPMENT AGREEMENT (AZ-OI-O27) - 13
14. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code' 12-5-3, to insure that
installation of the improvements, which the "Owners" and "Developer" agrees
to provide, if required by the "city".
15. CERTIFICATE OF OCCUPANCY: The "Owners" and
"Developer" agrees that no Certificates of Occupancy will be issued until all
improvementS are completed, unless the "City" and "Ovvners" and "Developer"
have entered into an addendum agreement stating when the improvements will
be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not
been installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITI ORDINANCES: That "Owners" and
"Developer" agrees to abide by all ordinances of the City of Meridian and the
"Property" shall be subject to de-annexation if the owner or his assigns, heirs,
or successors shall not meet the conditions contained in the Findings of Fact
and Conclusions of Law, this Development Agreement, and the Ordinances of
the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
OWNERS:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
1. Ramon and Marilyn Yorgason
2304 N. Cole Road
Boise, Idaho 83704
with copy to:
DEVELOPER:
City Clerk
City of Meridian
33 E. Idaho Ave.
Capital Development Corporation
2304 N. Cole Road
Boise, Idaho 83704
DEVELOPMENT AGREEMENT (AZ-Ol-O27) - 14
Meridian, ID 83642
17.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Owners" and "Developer", to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable
discretion, had determined that "Owners" and "Developer" has fully performed
its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
DEVELOPMENT AGREEMENT (AZ-OI-O27) - 15
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "O,vners"
and "Developer" and "City" relative to the subject matter hereof, and there are
no promises, agreements, conditions or understanding, either oral or written,
express or implied, between "O,vners" and "Developer" and "City", other than
as are stated herein. Except as herein othervvise 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 ordinanc;e or resolution of "City".
22.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the "City" has
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-OI-O27) - 16
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
~o:.#. ~ ~
M ril Yor s n
CAPTIAL DEVELOPMENT
CORPORATION, DEVELOPER
BY:
Attest:
BY:
DEVELOPMENT AGREEMENT (AZ-OI-OOI) - 17
CITY OF MERIDIAN
/1¡?fln'~L ~:; 4~ ~ 7-/6-eJ2-
Attest:
:ss
~);~~..9-.
ITY CLERK !L-7'
STATE OF IDAHO)
COUNTY OF ADA)
On this 9 .ß- day of ~ ' in the year
2002, before me, Dr:!. /) ,,11.A, D, L...N 1:. a Notary Public,
personally appeared J. Ramon and Marilyn Yorgason, husband and wife,
known or identified to me to be the persons who executed the instrument and
acknowledged to me that they executed the same.
.dJd/ ~ ¿J,~
Notary Public for Idaho
Residing at:7?J1J.I.Áj \..tÌ~
Commission expires: O'8/';¿,/".::r'
, /
G EA!()eVONA D. LUKE
NOTARY PUBLI.C
STATE OF IDAHO
DEVELOPMENT AGREEMENT (AZ-OI-OOl) - 18
STATE OF IDAHO)
:ss
COUNTY OF ADA)
On this 9 13- day of M ' in the year
2002, before me, De U f)fl1)... . D. L u /( e.... aN ary Public, personally
appeared .J'.!lQ.. mol'\. t:~ and -
known or identified to me to e the Pres,,)eh t:- and
of Capital Development Corporation, and
the persons who executed the instrument and acknowledged to me that they
having e:œcuted the same on behalf of said Capital Development Corporation.
DeVONA D. LUKE
~ . y l'!OTARY PUBLIC
( J:.AJ..STATE OF IDAHO
Ætb~ dJ.~'7'!'..Á.
Notary Public for Idaho
Residing at: ~"'.;~. VJdl~~
Commission expires: 0 t?/:l ~/°';:;;-
STATE OF IDAHO
:ss
County of Ada
On this~ day of ~ ' in the year 2002,
before me, a Notary Public, personally appe ed obert D. Come and Wtlham
G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of
the City of Meridian, who executed the instrument or the person that executed
the instrument of behalf of said City, and acknowledged to me that such City
executed the same. ..
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(SEAL) \ 1<; ¡ Notary Public for Idaho
..~~- ~.. Commission expires: 1.(-2<6-05
Z:lworkIMIMeridian\Me.rðlZ!Ült,~~.t'ldwin Park Sub AZO1,O27 PPO1.{)24 VARO1'{)20IDeveiopAgr.doc
DEVELOPMENT AGREEMENT (AZ-O1-001) - 19
EXHIBIT A
Lel!:al Description Of Propertv
A parcel of land located in the South \/2 of the NW \/4 of Section
36, Tovvnship 4 North, Range 1 West of the Boise Meridian, Ada County,
Idaho, more particularly described as follows:
Commencing at the SW corner of the NW \/. (West \/. corner) of
Section 36, TAN., R.IW., B.M., thence S 89°09'04" E 273.36 feet along the
south line of said NW \/. to the REAL POINT OF BEGINNING of this
description;
Thence N 00°15'17" E 436.73 feet to a point;
Thence N 86°36'00" W 248.72 feet to a point on the easterly
right-of-way of Linder Road;
Thence N 89°44'43" W 25,00 feet to a point on the west line of
said NW \/4;
Thence N 00°15'17" E 869.87 feet along said west line to the
northwest corner of the south 1/2 of said NW 1/4;
Thence S 89°16'31" E 2,676.85 feet to the northeast corner of
the south \/2 of the NW 1/4;
Thence S 0°28'15" W 1,323.17 feet to the southeast corner of
the south \/2 of the NW 1/4;
DEVELOPlVIENT AGREEMENT (AZ-OI-OOl) - 20
~
Thence N 89°09'04" W 2,398.55 feet along the south line of said
NW V4 to the REAL POINT OF BEGINNING of this description.
Said parcel contains 78.279 acres, more or less.
DEVELOPMENT AGREEMENT (AZ-OI-OOl) - 21
EXHIBIT B
Findin'ls of Fact and Conclusions of law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-OI-OOl) - 22
BEFORE THE MERIDIAN CITY COUNCIL
IN THE l'v1ATTER OF THE
APPLICATION OF CAPITAL
DEVELOPMENT CO., THE
APPLICATION FOR
AJ.'J"NEXATION AND ZONING
OF 77.9 ACRES FOR
PROPOSED BALDWIN PARK
SUBDMSION, LOCATED 11.
MILE SOUTH OF McMILLAN
ROAD, EAST SIDE OF LINDER
ROAD, MERIDIAN, IDAHO
CJC 03-19-02
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Case No. AZ-OI-027
FINDINGS OF FACT A1'~D
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 March 19,2002, at the hour of 6:30 p.m., and Shari Stiles,
Planning and Zoning AdministratOr, Steve Arnold, and Dave Yorgason, appeared and
testified, 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.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BALDWIN PARl( (AZ-OI-027)
and 11-16-1.
2.
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Tides 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.
3.
The property which is the subject to the application for anne..'l:ation and
zoning is described in the application, and is approximately ÎÏ. 9 acres in size, is
located V. mile south of McMillan Road, east side of Linder Road, Meridian, Idaho,
all within the Area of Impàct of the City of Meridian and the Meridian Urban Service
Planning Area.
4.
The owner of record of the subject property is Capital Development
Corporation of Boise, Idaho; and the applicant is Ramon and Marilyn Yorgason of
Boise, Idaho.
5.
The subject property is currently zoned R-T and consists of vacant land.
6.
The Applicant requests the property be zoned as R-8, with the intent to
develop a single-family residential subdivision consisting of 272 dwellings, with
approximately 10.2 acres of open space on 14 common lots, including two pocket
parks with a total of 2.57 acres, and A acres in 2 landscape buffer lots, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027)
designates the subject property as Single Family Residential.
Î.
The subject property is bordered on all sides by Ada County properties
zoned RUT, although the future Bridgetower Subdivision is contiguous to the
property on the northwest across N. Linder Road.
8.
There are no significant or scenic features of major importance that
affect the consideration of this application.
9.
Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1.
The applicant shall be responsible for designing and installing a new 12-inch
diameter water main in Linder Road, from its current location at the
intersection with Ustick Road. Sewer service for this development shall be
provided by the White Drain Trunk. The City of Meridian is in the design
phase of this trunk, with commencement of construction estimated at April of
this year. The applicant shall be responsible to provide main connections to
the White Drain Trunk to serve this development.
2.
A Development Agreement shall be entered into between the City of Meridian
and the Applicant as part of the Annexation application. The Development
Agreement shall outline any phasing requirements and special conditions
placed upon the Preliminary Plat application.
Adopt the Recommendations of the ACHD as follows:
1.
Applicant shall construct the following- stub streets:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BALDWIN PARl< (AZ-OI-027)
2.
a.
At the nor.th property line approximately 700 feet west of the east
property Ime, as proposed;
At the eas~ property line approximately 100 feet south of the north
property Ime, as proposed;
At the eas~ property line approximate! y 150 feet north of the south
property Ime;
On the north property line approximately 750 feet east of the west
property lme; ana
On the south property line approximately 500 feet west of the east
property line.
b.
c.
d.
e.
Due to the fact that Meridian School District does not want a vehicular access
to the property to the future school site, the applicant should construct a
pedestrian walkway to allow pedestrians to access the school site without
utilizing the arterial roadway.
Special Notification to Applicant
3.
To be consistent with previous Facts and Findings and Commission action, the
applicant should reçognize that this development (the preliminary plat and
conditional use) may be subject to any extraordinary impact fee or LID
established by ACHD. Any implementation of eXtraordinary impact fees or an
LID would first be subject to a public hearing.
4.
To promote a safe pedestrian walkway on Linder Road, District staff
recommends that the applicant work with the o,vner of the "out parcel" to the
south to dedicate right-of-way and construct 5-foot concrete sidewalk.
The following Site Specific Requirements and Standard Requirements must be
met or provided for prior to ACHD approval of the final plat:
Site Specific Requirements:
5.
Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting
the parcel by means of recordation of a final subdivision plat prior to issuance
of a building permit (or other required permits), whichever occurs first. Allow
up to 30 business days to process the right-of-way dedication after receipt of
all requested material. The o,vner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way if
the ovvner submits a letter of application to the impact fee administratOr prior
to breaking ground, in accordance with ACHD Ordinance # 195. The right-of-
way purchase agreement must be completed and signed by the applicant prior
to scheduling the final plat for signature by the ACHD Commission.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBALDWIN PARl( (AZ-OI-027)
9.
11.
12.
13.
14.
6.
Construct a 5-foot wide detached concrete sidewalk on Linder Road located 2-
feet within the new right-of-way. Coordinate the location and elevation of the
sidewalk with District staff. If the sidewalk meanders outside of the right-of-
way, provide an easement for the sidewalk.
Î.
Construct the main entrance to the subdivision, "Vest Monument Drive,
located 550-feet south of the north property line, as proposed. West
Monument Drive shall be designed with 21-foot street sections on either side
of a center median. The median shall be constnLcted a minimum of 4-feet
wide (maximum 12-feet wide) to total a minimum of a 100-square foot area.
The applicant "ill be required to dedicate 54-feet of right-of-way plus the
additional width of the median.
8.
Construct a protected left-turn lane at the site driveway, as determined by the
traffic impact study that was submitted, The applicant shall coordinate the
design and location with District staff.
Construct all public roads ,vi thin the subdivision as 36-foot street sections
with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-
way.
10.
West Monument Drive segments shall be designated as a collector roadway
with no front-on housing and access restrictions for this street segments shall
be stated on the final plat. District policy requires that these street segments
be constructed as 39-foot street section within 52-feet of right-of-way with
curb, gutter and 5-foot wide concrete sidewalks,
Construct a stub street that is located at the north property line approximately
70a-feet west of the east property line, as proposed.
Construct a stub street that is located at the east property line approximately
100-feet south of the north property line, as proposed.
Construct a stub street that is located at the east property line approximately
1 50-feet north of the south property line, as proposed.
Construct a stub street that is located on the north property line
approximately 750-feet east of the west property line.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BALDWIN PARl( (AZ-OI-027)
19.
20.
21.
22.
23.
15.
Construct a stub street that is located on the south property line
approximately 500-feet west of the east property line.
16.
The applicant shall be required to install a sign at the terminus of these
roadways stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE". Coordinate the sign plan for the stub Street, and the design of the
turnaround (if necessary) with District staff.
I ï.
Construct an ACHD approved turnaround at the end of West Cresent COUrt.
North Clearbrooke Place, North BuckstOne Place and North Denali Place.
Submit a design of the turnaround for review and approval by District staff.
18.
The turnarounds shall be constmcted to provide a minimum turning radius of
45-feet. The applicant shall also be required to provide a minimum of a 29-
foot street section on either side of any proposed center islands within the
turnarounds. The medians shall be constructed a minimum of 4-feet wide to
tOtal a minimum of a 100-square foot area. Dedicate 54-feet of right-of-way
plus the additional width of the median.
Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat shall be ovvned and maintained by a homeo,vners
association. Notes of this shall be required on the final plat.
Any existing irrigation facilities shall be relocated oUtside of the right-of-way.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-
6280 (with file numbers) for details.
All utility relocation costs associated with improving street frontages abutting
the site shall be borne by the developer.
Other than the access point specifically approved with this application, direct
lot or parcel access to Linder Road is prohibited. Lot access restrictions, as
required with this application, shall be stated on the final plat.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BALDWIN PARl< (AZ-OI-027)
26.
2ï.
28.
Standard Requirements:
24.
Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance # 195, also k.no\vn as Ada County
Highway District Road Impact Fee Ordinance.
25.
All design and construction shall be in accordance \,ith the Ada County
Highway District Policy Manual. ISPWC Standards and approved
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. Existing utilities damaged by the applicant shall be repaired by
the applicant at no cost to ACHD. The applicant shall be required to call
DIGUNE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
No change in the terms and conditions of this approval shall be valid unless
they are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest advises the Highway
District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
Adopt the Meridian Fire Department Recommendations as follows:
1.
A fire-flow of 1,000 gallons per minute shall be available for a duration of 2
hours to service the entire project. Fire hydrants shall be placed an average of
400' apart at approved locations.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBALDWIN PARl( (AZ-OI-027)
2.
Operational fire hydrants and temporary or pern1anent street signs are required
before combustible construction begins.
3.
Acceptance of water supply for fire protection is contingent upon acceptance of
the water system by the City of Meridian.
4.
Final approval for tìre hydrant location shall be by the Meridian Fire
Department.
5.
All turning radii shall be a minimum of 28' inside and 48' outside for the
internal road system.
6.
Insure that all yet undeveloped parcels are maintained free of combustible
vegetation.
7.
The roadways shall be built to Ada County Highway standards.
8.
Any roadway greater than 150' in length that is not provided with an outlet
shall be required to have a tUrnaround; this requirement may apply during the
phasing of the project.
9.
Provide one additional access road to service Great Basin, White Sands,
Biscayne Park and Melrose Park.
Additionally, comply with the action of the City Council from their March 19,2002
meeting as follows:
2.
3.
4.
1.
The typical Micro-path section is not approved as shmvnon the Preliminary
Plat. All drainage shall be maintained within the 7 '12 foot area on either side
of the micro-path, not drained to the fence line as shown on the Preliminary
Plat.
A minimum three. foot-wide separation between the asphalt pathway and
adjacent building lots has not been followed, (typical micro-path with drainage
section).
Show the moving of phase lines for Phases 3 and 4.
Show existing and proposed easements on the plat as required by State Code
and City Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027)
5.
Within Settler's Irrigation District's letter dated Ì\[arch 19, 2002, they are
requesting easements of 60 feet on the vVhite Drain and 30 feet on the
Coleman Lateral, which dimensions are not depicted on the most recently
submitted preliminary plat. If joint trench is to be utilized for the Coleman
Lateral easement, a minimum 15-foot-wide easement. will be required along the
frontage of all lots on the east side of North Hyde Park Avenue. The
preliminary plat needs to reflect compliance with agmcy approvals or written
evidence from those agencies must be submitted if conflicting conditions of
approval are agreed upon. Additionally, the District also requires the Coleman
Lateral be tiled, and that the pressurized irrigation system be installed
according to the District'S standards and specifications.
6.
Applicant has submitted a letter dated April 2, 2002, which addresses Settler's
Irrigation District, and which is on file with the Meridian City Clerk's office.
10.
It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No.9, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, a condition of annexation and zoning designation.
11.
It is also found that the development considerations as referenced in
Finding No.9 are reasonable to require and must be taken into account, in order to
assure the proposed development is designed, constructed, operated and maintained
in a manner which is harmonious and appropriate in appearance ,vith the existing, or
intended character of the general vicinity, in order to assure that the proposed use
will not change the essential character of the affected vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BALDWIN PARl( (AZ-OI-027)
potential to produce excessive traffic, noise, smoke, fumes. glare and odors. But,
additional landscaping buffers and design features will be required to make the
proposed use more harmonious with the general vicinity and to comply with City
Ordinances.
12.
It is found that the zoning of the subject real property as Medium
Density Residential District (R-8) requires connection to the Municipal Water and
Sewer systems and will be compatible with the Applicant's development intentions,
and will assure that the zoning is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Single Family
Residential.
13.
The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
Economic Development Chapter
Policies 3.lU, 3.2U
Land Use Chapter
Policies 2.1 U, 2.2U, 2.3U, 6.3.c
Natural Resources and Hazardous Areas Chapter
Policies l.lU, 2.lU, 2.5U, 3.lU, 4.lU
Transportation Chapter
Policies 1.6U, 1.9U
Open Space. Parks & Recreation
Policies 3.1, 5.3
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027)
, '
Housin~ Chapter
Policies 1.3, 104, l.ï, l.l2, 1.13U, l.lS
Communitv Design Chapter
Policies 1.8, 5.2U
14.
The property can be physically serviced with City water and sewer, since
the applicant has extended 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION ANI:? ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBALDWIN PARK (AZ-OI-027)
4A:
Economic Development Chapter
Policies 3.1U, 3.2U
Land Use Chapter
Policies 2.W, 2.2U, 2.3U, 6.3.c
Natural Resources and Hazardous Areas Chapter
Policies !.lU, 2.IU, 2.5U, 3.1U, 4.W
Transportation Chapter
Policies 1.6U, 1.9U
Open Space. Parks & Recreation
Policies 3.1, 5.3
Housin~ Chapter
Policies 1.3, 1.4, 1.7, !.l2, 1.13U, 1.18
Communitv Desi~ Chapter
Policies 1.8, 5.2U
5.
The zoning of Medium Density Residential District (R-8) is defined in
the Zoning Ordinance at § 11-7-2 D as follows:
(R-B) Medium Density Residential District: The purpose of the R-8 District
is to permit the establishment of single- and two-family dwellings at a density not
exceeding eight (8) dwelling units per acre. This District delineates those areas
where such development has or is likely to occur in accord with the
Comprehensive Plan of the City and is also designed to permit the conversion of
large homes into two-family dwellings in well-established neighborhoods of
comparable land use. Connection to the Municipal water and sewer systems of
the City is required.
6.
Since the annexation and zoning of land is a legislative function, the City
has authority to place conditions upon the anne:<ation of land. See Burt vs. The Citv of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-OI-027)
Idaho Falls, !O5 Idaho 65, 665 P2d !Oï5 (1983).
ï.
The development of the anne-xed land, if annexed, shall meet and comply
,vith the Ordinances of the City of Meridian including, but not limited to: Section 12-2-
4 which pertains to development time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance
of the City of Meridian.
8.
Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance
the o,vner and/or developer shall enter into a Development Agreement, if such is
required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1.
The applicant's request for annexation and zoning of approximately 7ï.9
acres to Medium Density Residential District (R-8) is granted subject to the terms and
conditions of this Order hereinafter stated.
2.
The application is for annexation and zoning of 7ï. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BALDWIN PARl( (AZ-OI-027)
158. The legal description for annex.1.tion must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3.
Developer shall be required to met the conditions set forth and in the
event the conditions herein are not met by the Developer that the property shall be
subject to de-annexation. with the City of Meridian, which provides for the following
conditions of development, to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
I. The applicant shall be responsible for designing and installing a new 12.inch
diameter water main in Linder Road, from its current location at the intersection
with Ustick Road. Sewer service for this development shall be provided by the
'White Drain Trunk. The City of Meridian is in the design phase of this trunk.
with commencement of construction estimated at April of this year. The
applicant shall be responsible to provide main connections to the White Drain
Trunk to serve this development.
2. A Development Agreement shall be entered into between the City of Meridian
and the Applicant as part of the Annexation application. The Development
Agreement shall outline any phasing requirements and special conditions placed
upon the Preliminary Plat application.
Adopt the Recommendations of the ACHD as follows:
1.
Applicant shall construct the following stub streets:
f. At the north property line approximately 700 feet west of the east
property line, as proposed;
g. At the east property line approximately 100 feet south of the
north property line, as proposed;
h. At the east property line approximately 150 feet north of the
south property line;
On the north property line approximately 750 feet east of the
west property line; and
On tfie south ~roperty line approximately 500 feet west of the
east property fine.
i.
j.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BALDWIN PARl< (AZ-OI-027)
6.
2.
Due to the fact that Meridian School District does not want a vehicular access
to the property to the futUre school site, the applicant should construct a
pedestrian walkway to allow pedestrians to access the school site without
utilizing the arterial roadway.
Special Notification to Applicant
3.
To be consistent with previous Facts and Findings and Commission action, the
applicant should recognize that this development (the preliminary pla[ and
condiÜonal use) may be subjec[ to any ex[raordinary impact fee or LID
established by ACHD. Any implementation of exuaordinary impact fees or an
LID would first be subject to a public hearing.
4.
To promote a safe pedestrian walkway on Linder Road, District staff
recommends that the applicant work with the o,vner of the "oUt parcel" to the
south to dedicate right-of-way and construct 5-foot concrete sidewalk. .
The following Site Specific Requirements and Standard Requirernents must be
met or provided for prior to ACHD approval of the final plat:
Site Specific Requirements:
5.
Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting
the parcel by means of recordation of a final subdivision plat prior to issuance
of a building permit (or other required permits), whichever occurs first. Allow
up to 30 business days to process the right-of-way dedication after receipt of
all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way if
the ovvner submits a letter of application to the impact fee administrator prior
to breaking ground, in accordance with ACHD Ordinance #195. The right-of-
way purchase agreement must be completed and signed by the applicant prior
to scheduling the final plat for signature by the ACHD Commission.
Construct a 5-foot wide detached concrete sidewalk on Linder Road located 2-
feet within the new right-of-way. Coordinate the location and elevation of the
sidewalk with District staff. If the sidewalk meanders outside of the right-of-
way, provide an easement for the sidewalk.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BALDWIN PARl< (AZ-OI-027)
11.
12.
13.
14.
15.
ï.
Construct the main entrance to the subdivision, \\'est Monument Drive,
located 550-feet south of the north property line, as proposed. WeSt
Monument Drive shall be designed ,vith 21-foot street sections on either side
of a center median. The median shall be constructed a minimum of 4-feet
,vide (maximum 12.feet ,vide) to total a minimum of a 100-square foot area.
The applicant ,vill be required to dedicate 54-feet of right-of-way plus the
additional \,idth of the median.
8.
Construct a protected left-turn lane at the site driveway, as detennined by the
traffic impact stUdy that was submitted. The applicant shall coordinate the
design and location \vith District staff,
9.
Construct all public roads \vithin the subdivision as 36-foot street sections
,vith curb, gutter, and 5-foot ,vide concrete sidewalks ,vithin 50-feet of right-of-
way.
10.
West Monument Drive segments shall be designated as a collectOr roadway
,vith no front-on housing and access restrictions for this street segments shall
be stated on the final plat. District policy requires that these Street segments
be constructed as 39-foot street section within 52-feet of right-of-way ,vith
curb, gutter and 5-foot ,vide concrete sidewalks.
Construct a stub street that is located at the north property line approximately
700-feet west of the east property line, as proposed.
Construct a stub street that is located at the east property line approximately
100-feet south of the north property line, as proposed.
Construct a stub street that is located at the east property line approximately
150-feet north of the south property line, as proposed.
Construct a stub street that is located on the north property line
approximately 750-feet east of the west property line.
Construct a stub street that is located on the south property line
approximately 500-feet west of the east property line.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BALDWIN PARl( (AZ-OI-027)
19.
20.
21.
22.
23.
16.
The applicant shall be required to install a sign at the tern1inus of these
roadways stating that, "THIS ROAD WILL BE £...'ITENDED IN THE
FUTURE". Coordinate the sign plan for the stub meet, and the design of the
turnaround (if necessary) with District staff.
lï.
Construct an ACHD approved turnaround at the end of vVest Cresent Court,
North Clearbrooke Place, North Buckstone Place and North Denali Place.
Submit a design of the turnaround for review and approval by District staff.
18.
The turnarounds shall be constructed to provide a minimum turning radius of
45-feet. The applicant shall also be required to provide a minimum of a 29.
foot street section on either side of any proposed center islands within the
turnarounds. The medians shall be constructed a minimum of 4-feet wide to
total a minimum of a 100-square foot area. Dedicate 54-feet of right-of-way
plus the additional width of the median.
Any proposed landscape islands/medians within the public right-of-way
dedicated by this p!at shall be ovvned and maintained by a homeowners
association. Notes of this shall be required on the final plat.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
Utility street cuts in pavement less. than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-
6280 (with file numbers) for details.
All utility relocation costs associated with improving street frontages abutting
the site shall be borne by the developer.
Other than the access point specifically approved with this application, direct
lot or parcel access to Linder Road is prohibited. Lot access restrictions, as
required with this application, shall be stated on the final plat.
Standard Requirernents:
24.
Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance # 195, also known as Ada County
Highway District Road Impact Fee Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBALDWIN PARK (AZ-OI-027)
, I <
2ï.
28.
25.
All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
26.
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. Existing utilities damaged by the applicant shall be repaired by
the applicant at no cost to ACHD. The applicant shall be required to call
DIGLINE (1-800-3"*2-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or tìlled) are
compromised during any phase of construction.
No change in the tern1S and conditions of this approval shall be valid unless
they are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written
confirn1ation of aný change from the Ada County Highway District.
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force
at the time the applicant or its successors in interest advises the Highway
District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
Adopt the Meridian Fire Department Recommendations as follows:
1.
2.
3.
A fire-flow of 1,000 gallons per minute shall be available for a duration of 2
hours to service the entire project. Fire hydrants shall be placed an average of
400' apart at approved locations.
Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
Acceptance of water supply for fire protection is contingent upon acceptance of
the water system by the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-O 1-027)
, " .
9.
,/'
4.
Final approval for fire hydrant location shall be by the Meridian Fire
Department.
5.
All tUrning radii shall be a minimum of 28' inside and 48' outside for the
internal road system.
6.
Insure that all yet undeveloped parcels are maintained free of combustible
vegetation.
7.
The roadways shall be built to Ada County Highway standards.
8.
Any roadway greater than 150' in length that is not provided with an outlet
shall be required to have a turnaround; this requirement may apply during the
phasing of the project.
Provide one additional access road to service Great Basin, White Sands,
Biscayne Park and Melrose Park.
Additionally, comply with the action of the City Council from their March 19,2002
meeting as follows:
1. The typical Micro-path section is not approved as shown on the Preliminary Plat.
All drainage shall be maintained within the 7 V2 foot area on either side of the
micro-path, not drained to the fence line as shown on the Preliminary Plat.
2. A minimum three-foot-wide separation between the asphalt pathway and adjacent
building lots has not been followed, (typical micro-path with drainage section).
3. Show the moving of phase lines for Phases 3 and 4.
4. Show existing and proposed easements on the plat as required by State Code and
City Ordinance.
5. Within Settler's Irrigation District'S letter dated March 19, 2002, they are
requesting easements of 60 feet on the White Drain and 30 feet on the Coleman
Lateral, which dimensions are not depicted on the most recently submitted
preliminary plat. If joint trench is to be utilized for the Coleman Lateral
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ.OI-027)
. .
easement, a minimum 15-foot-wide easement will be required along the frontage
of all lots on the east side of North Hyde Park Avenu~. The preliminary plat
needs to reflect compliance with agency approvals or \\TÍtten evidence from those
agencies must be submitted if conflicting conditions of approval are agreed upon.
Additionally, th~ District also requires the Coleman Lateral be tiled, and that the
pressurized irrigation system be installed according to the District's standards and
specifications.
6. Applicant has submitted a letter dated April 2, 2002, which addresses Settler's
Irrigation District. and which is on file with the Meridian City Clerk's office.
4.
The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real property
which is the subject of the application to (R-B) Medium Density Residential District,
and Meridian City Code § 11-7-2.
5.
Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided in
Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and
zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the annexation and zoning and who may ,vithin twenty-eight (28) days after the date
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BALmVIN PARK (..\.2-01-027)
. , .
of this decision and order seek a judicial review as provided by Chapter 52, Title 6 ï,
Idaho Code.
By action of the City Council at its regular meeting held on the
! {; -If;: day
of
~
,2002.
ROLL CALL
COUNCILi'vlAN KEITH BIRD
'/
VOTED---Ji:9'--'
COUNCILWOJ'vIAì""¡ TAlvlMY deWEERD
VOTED$"""'"
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED -.fj~:...'--'
COUNCILMAN WILLIAM LM. NARY
VOTED~\-
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: f--/6-fJ2-
VOTED~
MOTION:
APPROVE~ DISAPPROVED:-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BALDWIN PARl( (AZ-OI-027)