Bear Creek Subdivision AZ 99-010
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2.
3.
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DEVELOPMENT AGREEMENT
City of Meridian
Queenland Acres, Inc., Owner
Bear Creek, L.L.c. Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this 20~ day of J ~ , 200"0, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and QUEENLAND ACRES, INc., hereinafter called
"OWNER'.', whose address is 670 W. Victory, Meridian, Idaho 83642, and
BEAR CREEK, L.L.C., hereinafter called "DEVELOPER", PO Box 344,
Meridian, Idaho 83680.
1.
RECITALS:
1.1
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 Exl:ùbit 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, I.C. §67-6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the owner or "Developer" make a written
commitment concerning the use or development of the
subject "Property"; and
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, "Developer" has submitted an application for
annexation and zoning of the "Property"s described in
DEVELOPMENT AGREEMENT- (Bear Creek AZ-99-010) - Page 1 of 18
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1.5
1.6
1.7
1.8
1.9
Exhibit A, and has requested a designation of Low Densitv
Residential (R-4), (11-7-2 C Meridian City Code); and
WHEREAS, "Developer" made representations at the
public hearings both before the Meridian Planning &
Zoning Commission and before the Meridian City Council,
as to how the subject "Property" will be developed and
what improvements will be made; and
WHEREAS, record of the proceedings for the requested
annexation and zoning 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 fer^- day of~, 2000,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
WHEREAS, the "Findings" require the "Developer" enter
into a development agreement before the City Council
takes final action on annexation and zoning designation;
and
"DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at its
urging and requests; and
1.10 WHEREAS, "City" requires the "Developer" to enter into
a development agreement for the purpose of ensuring that
the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions
DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-01O) - Page 2 of 18
of this development agreement, herein being established as
a result of evidence received by the "City" in the
proceedings for annexation and zoning designation from
government subdivisions providing services within the
planning jurisdiction and from affected property owners
and to ensure annexation and zoning designation is in
accordance with the Comprehensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance #629,
January 4, 1994, and the Zoning and Development
Ordinance codified in Title 11 and Title 12, Meridian City
Code.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1
3.2
3.3
"CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
"DEVELOPER": means and refers to Bear Creek; L.L.c.,
whose address is PO Box 344, Meridian, Idaho 83680, the
party developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
"OWNER": means and refers to Queenland Acres, Inc.,
whose address is 670 W. Victory, Meridian, Idaho 83642,
the party who owns said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
DEVELOPMENTAGREEMENT-(BearCreekAZ-99-010) -Page30f 18
3.4
"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
The uses and development allowed pursuant to this
Agreement of the subject property shall be subject to and
pursuant to those uses allowed under "City"'s Zoning
Ordinance R-4 Low Density Residential District codified at
Section 11-7-2 C. Meridian City Code which are herein
specified as follows:
(R-4) Low Densi1;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 purpo~e of the (R-
4) District is to permit the establishment of low density
single-family dwellings, and to delineate those areas where
predominately 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 non-residential
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 of
Meridian.
To develop 326 single1amily residential lots, 31 common
lots and one Meridian park lot.
4.2
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-010) - Page 4 of 18
.:
5.1
"Developer" shall develop the "Property" in accordance
with the following special conditions:
5.1.1 Development, use and maintenance for single-family
residences and public recreational use in accordance
with Preliminary Plat, Bear Creek Estates
Subdivision, Briggs Engineering, Inc., DWG, Date:
06/01/99 ris, DWG No. 990211.PRE, Revision 11-
11-99, Sheet PRE, in the companion application for
Preliminary Plat PP-99-01O, except as is modified
and conditioned by the City Council in the platting
process.
5.1.2 The "Developer" will constrUct a public park on Lot
1 with a functional irrigation system in accordance
with the City Parks and Recreation Department and
Public Works Department specifications and seed
the same into grass and construct a parking lot on
the east side of said park for said park at the
location designated in Preliminary Plat, Bear Creek
Estates Subdivision, Briggs Engineering, Inc.,
DWG, Date: 06/01/99 ris, DWG No. 990211.PRE,
Revision 1 i -11-99, Sheet PRE, in the companion
application for Preliminary Plat PP-99-010 for Lot 1
which is shown as 18.62 Acres "City of Meridian .
Park" therein. The "Developer" has indicated their
desire to donate this Lot 1 to the public as a park.
5.1.3 The Developer shall pay for improvements to the
Ten Mile Sewer as set forth to accommodate this
development, that is 326 homes, and required in the
platting process. The Developer and the City shall
enter into a "latecomers" agreement wherein the
cost of any capacity created by the Developer in the
Ten Mile Trunk Line above that necessary to
accommodate this development will be collected
from any "latecomer" developments who utilize that
DEVELOPMENT AGREEMENT - (BearCreekAZ-99-010) -Page 5 of 18
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capacity. Said agreement shall have a term of 15
years. The Developer shall pay an additional sum of
$1,500.00 per lot which sum shall be paid by the
Developer in one lump sum in connection with the
recordation of each plat of the development as and
for a Trunk Construction Fee for the Black Cat
Connector which will eventually serve the subject
property, which sum is estimated to be the
Developer's proportionate share of the total cost of
the Black Cat Connector. The City shall assess such
additional sum in connection with the grant of a
building permit for any and all residential lots
within the Black Cat Connector service area, so that
future developments shall be on the same footing
with applicant and will be assessed a connector fee.
5.1.4 A decorative noncombustible fence will be installed
along that portion of Lot 1 that borders the other
lots. No gates in the fence will be allowed between
Lot 1 and the bordering lots.
5.15 Applicant shall coordinate with the Public Works
Department regarding the routing and sizing of
sewer lines within the subdivision in order to
accommodate future sewer connections upstream
from the development. The City shall be
responsible for the cost of up sizing any sewer lines
to accommodate future sewer connections.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developer" or
"Developer"'s heirs, successors, assigns, to comply with Section 5 entitled
"Conditions Governing Development of subject "Property" of this agreement
within two (2) 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.
DEVELOPMENTAGREEMENT-(BearCreekAZ-99-010) -Page6of 18
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
7.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Developer" and if the
"Developer" fails to cure such failure within six (6) months
of such notice.
8. INSPECTION: "Developer" shall, immediately upon completion
of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City
Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion thereof in accordance with the terms
and conditions of this Development Agreement and all other ordinances of
the "City" that apply to said Development.
9.
DEFAULT:
9.1
9.2
In the event "Developer", "Developer"'s heirs, successors,
assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to
faithfully comply with all of the terms and conditions
included in this Agreement in connection with the
"Property", this Agreement may be modified or terminated
by the "City" upon compliance with the requirements of
the Zoning Ordinance.
A waiver by "City" of any default by "Developer" of any
one or more of the covenants or conditions hereof shall
apply solely to the breach and breaches waived and shall
not bar any other rights or remedies of "City" or apply to
any subsequent breach of any such or other covenants and
conditions.
DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-01O) - Page 7 of 18
Thence S 00°45'52" W 1076.81 feet along the east line of the NW 114 of the
SE 114 of said Section 24 to a point;
Thence S 85°12'02" W 266.72 feet to a point;
Thence S OSO32'58" W 422.82 feet to a point;
Thence S 00°46'44" W 232.28 feet to a point;
Thence S 20°10'06" E 113.21 feet to a point;
Thence S 29°35'11" E 132.19 feet to a point;
Thence S 00°12'00" W 190.85 feet to a point;
Thence S 08°35'44" E 203.05 feet to a point;
Thence S 04°03' 12" W 266.88 feet to a point on the north right-of-way of W.
Victory Road;
Thence S 00°38'53" W 25.00 feet to a point on the south line of the SE 1/4 of
said Section 24 and the centerline of W. Victory Road;
Thence N 89°21'07" W 1145.51 feet along the south line of the SE 114 of said
Section 24 and the centerline of W. Victory Road to the REAL POINT OF
BEGINNING of this description;
Sald parcel of land contains 154.03 acres, more or less.
5.
The owner of record of the subject property is Theron Scott, Queenland
Acres, Inc. of 670 W. Victory, Meridian, Idaho.
6.
Applicant is Bear Creek, LLC, of PO Box 344, Meridian, Idaho.
7.
The property is presently zoned by Ada County as Rural Transitional
(R-T), and consists of various agricultural and residential uses.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BEAR CREEK. LLC
CASE NO. AZ-99-010
8.
The Applicant requests that the property be zoned as Low Density
Residential R-4.
9.
The subject property is bordered to the north by Ada County
Residential, to the east by Meridian Elk Run Subdivision, further to the east Ada
County Rural Transitional, with agricultural use to the south, and Ada County
Residential and to the west Ada County Residential, and the city limits of the City
of Meridian are adjacent and abut to the northeast portion of the subject property.
10.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
11.
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.
12.
The Applicant proposes to develop the subject propeny in the following
manner: 326 single family residential lots, 31 common lots and one Meridian park
lot.
13.
The Applicant requests zoning of the subject real property as R-4 Low
Density Residential which is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as single family
residential.
14.
The Public Works Director and Public Works Department are
FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 12
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC
CASE NO. AZ-99-01O
concerned with the City's ability to provide sanitary sewer service to this project.
They are additionally concerned on how to provide for a rational far the handling of
the City's further growth in this region, particularly to the west of the project, in
that, I ï acres of the subject property are designated in the City's Master Plan to be
served by the Ten Mile Trunk Line to the sewer plant, and the remaining portion is
to be served by the yet to be developed Black Cat Trunk Sewer Connector. Even
though the "HYDRA Sewer Analysis" for this project, from the Planning and Zoning
and Public Works Departments, requested this project not be approved due to
concern with the ability of the City to approve future development which was to
rightfully be served by the Ten Mile Sewer Trunk, the Public Works Director did
testify, and the Council finds it is possible and feasible to sewer the subject parcel
presently through the Ten Mile Trunk Line as proposed and the imposition of an
estimated $1,500.00 per lot trunk fee would help establish a base fund for the
development of the Black Cat Sewer Trunk, which will tùtimately serve the major
portion of the subject property and the subject property and parcel is partially
designated to be served by the Ten Mile Sewer and the applicant is able to proceed
with development.
15.
The City is in need of additional park land to serve the southwest region
of the City and its impact area. This proposed application includes the constrUction
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~age 13
AND DECISION AND ORDER GRANTING APPLICATION.
FOR ANNEXATION AND ZONING/BEAR CREEK. LLC . '
CASE NO. AZ-99-01O
one parking lot and which is designated as Lot 1 18.62 acres "City of Meridian Park"
on the Preliminary Plat, Bear Creek Estates Subdivision, Briggs Engineering, Inc.,
DWG, Date: 06/01/99 ris, DWG No. 990211.PRE, Revision 11-11-99, Sheet PRE. in
the companion application for Preliminary Plat PP-99-01O. The Applicant has
expressed a desire to donate this park to the public.
16.
Persons owning parcels in the area of the proposed development voiced
concern with the traffic conditions on Overland. which is to the north and not
adjacent to the project. Meridian Road is to the east of the project and Victory Road
is south and adjacent to this proposed project. It is recognized by the City Council
that traffic is a concern but the same is under the jurisdiction and control of the Ada
County Highway District and the State Department of Transportation. With the
exception of Victory Road all such roads are designated as "Minor Arterials" as set
forth in Map 3 of the Transportation Component of the Meridian Comprehensive
Plan. The proposed plat, which is an accompanying application in Case No. PP.99.
010, designating access for ingress and egress to the proposed residential development
on Stoddard Road at three (3) separate locations, and Meridian Road at one location
through Elk Run Subdivision which is found to disburse traffic from the subject
property onto Victory Road, Overland and Meridian Roads, and there has been no
evidence produced by ACHD, or by any traffic study, which determines that the
existing roads could not handle the traffic of the proposed project.
FINDINGS OF FACT AND CONCLUSIONS OF LA'll - Page 1"1
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-010
17.
The application is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Residential.
Further, this proposed application is in conformance and consistent with the
following provisions of the Meridian Comprehensive Plan:
17.1 Goals, Page 5 of the Meridian Comprehensive Plan: Goals 2, 4, 5, 8,
and 10.
17.2 Land Use Residential Policies, Page 23 of the Meridian Comprehensive
Plan: Land Use Residential Policies: 2.2U, 2.3U, and 2.4U.
18.
There are no significant or scenic features of major importance that
affeCt the consideration of this application.
19.
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 which restrict the use and development of the subject real property under
the R-4 zoning procedures.
20.
It is found that if the developer pays for the requested improvement and
complies with the conditions set forthin these findings of fact, and all sub-pans, 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC
. CASE NO. AZ-99-010
21.
It is found that the development considerations which must be taken
into account, in order to assure the proposed development is designed, constructed,
operated and maintained in a manner which is harmonious and appropriate in
appearance with the existing, or intended character of the general vicinity, and with
the Comprehensive Plan 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, and can best be handled by requiring a development
agreement which contains development conditions as is set forth herein in the
Decision and Order.
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
150.79 acres to Low Density Residential (R-4) is granted subject to the terms and
conditions of this Order hereinafter stated.
2.
The application is for annexation ~nd zoning of 150.79 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC
CASE NO. AZ-99-01O
Resolution No. 158. The legal description for annexation must place this parcel
contiguous to the Corporate City Limits per Ordinance No. 686.
3.
Owner and Developer are required to enter into a Development
Agreement, and such Development Agreement shall also include and contain the
conditions of development and use which govern the subject real property as follows:
3.2
3.3
3.1
Development, use and maintenance for single-family residences
and public recreational use in accordance with Preliminary Plat,
Bear Creek Estates Subdivision, Briggs Engineering, Inc., DWG,
Date: 06/01/99 ris, DWG No. 99021 1. PRE, Revision 11-11-99,
Sheet PRE, in the companion application for Preliminary Plat PP-
99-010, except as is modified and conditioned by the City
Council in the platting process.
The owners of Lot 1 will construct a public park with a functional
irrigation system in accordance with the City Parks and
Recreation Department and Public Works Department
specifications and seed the same into grass and construct a
parking lot on the east side of said park for said park at the
location designated in Preliminary Plat, Bear Creek Estates
Subdivision, Briggs Engineering, Inc., DWG, Date: 06/01/99 ris,
DWG No. 99021 1. PRE, Revision 11-11-99, Sheet PRE, in the
companion application for Preliminary Plat PP-99-010 for Lot 1
which is shown as 18.62 Acres "City of Meridian Park" therein.
The owners of this Lot 1 have indicated their desire to donate'
this Lot I to the public as a park.
The Developer shall pay for improvements to the Ten Mile Sewer
as set forth to accommodate this development, that is 326 homes,
and required in the platting process. The Developer and the City
shall enter into a "latecomers" agreement wherein the cost of any
capacity created by the Developer in the Ten Mile Trunk Line
above that necessary to accommodate this development will be
collected from any "latecomer" developments who utilize that
capacity. Said agreement shall have a term of 15 years. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC
CASE NO. AZ-99-010
Developer shall pay an additional sum of $1 ,500.00 per lot which
sum shall be paid by the Developer in one lump sum in
connection with the recordation of each plat of the development
as and for a Trunk Construction Fee for the Black Cat Connector
which will eventually serve the subject property, which sum is
estimated to be the Developer's proportionate share of the total
cost of the Black Cat Connector. The City shall assess such
additional sum in connection with the grant of a building permit
for any and all residential lots within the Black Cat Connector
service area, so that future developments shall be on the same
footing with applicant and will be assessed a connector fee.
3.4
A decorative noncombustible fence will be installed along that
portion of Lot 1 that borders the other lots. No gates in the
fence will be allowed between Lot 1 and the bordering lots.
3.5
Applicant shall coordinate with the Public Works Department
regarding the routing and sizing of sewer lines within the
subdivision in order to accommodate future sewer connections
upstream from the development. The City shall be responsible
for the cost of up sizing any sewer lines to accommodate future
sewer connections.
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-4) Low Density Residential
District ( Meridian City Code § 11-7-2 C).
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 § 11-6-1 in accordance with the provisions of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC
CASE NO. AZ-99-01O
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 within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the /gr£,..
day of
+A£
,2000.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED a6;:ød-
COUNCILMAN KEITH BIRD
VOTED $---
COUNCILPERSON TAMMY deWEERD
VOTED -$'^--
COUNCILMAN CHERIE McCANDLESS
VOTED$a....-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-01O
lvlAYOR ROB~ D. CORRlE (TIE BREAKER)
DATED: /8 -co
YOTED-
MOTION:
APPROVED:~ D ISAPPROVED:-
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
B~~J~a
ity Oerk .
Dated:
msglZ:\ Work\M\Meridian 15360MlBear CreeklAZFfCls041100Revisions
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-010
10. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer"'s cost, and submit proof of such recording to
"Developer", prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and zoning of the "Property" by the City
Council. If for any reason after such recordation, the City Council fails to
adopt the ordinance in connection with the annexation and zoning of the
"Property" contemplated hereby, the "City" shall execute and record an
appropriate ins~ent of release of this Agreement.
11. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer", or by any successor
or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific
performánce of the covenants, agreements, conditions, and obligations
contained herein.
12.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer" shall have thirty
(30) days after delivery of notice of said breach to correct
the same prior to the non-breaching party's seeking of any
remedy provided for herein; provided, however, that in the
case of any such default which cannot with diligence be
cured within such thirty (30) day period, if the defaulting
party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time allowed
to cure such failure may be extended for such period as
may be necessary to complete the curing of the same with
diligence and continuity.
12.2 In the event the performance of any covenant to be
performed hereunder by either "Developer" or "City" is
delayed for causes which are beyond the reasonable control
DEVELOPMENT AGREEMENT- (Bear Creek AZ-99-01O) - Page 8 of 18
of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience,
strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under § 12-5-3 of the Meridian City Code, to
insure that installation of the improvements. which the "Developer" agrees to
provide,.if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees
that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" and "Developer" have entered into an addendum
agreement stating when the improvements will be completed in a phased
developed; and in any event, no Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed, completed, and
accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Developer"
agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the
City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
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
Queenland Acres, Inc.
670 W. Victory
Meridian, Idaho 83642
DEVELOPMENT AGREEMENT - (BearCreekAZ-99-010) - Page 9 of 18
DEVELOPER:
Bear Creek, L.L.c.
PO Box 344
Meridian, Idaho 83680
with copy to:
City Oerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
16.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
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
DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-010) - Page 10 of 18
any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion,
had determined that "Developer" has fully performed its obligations under this
Agreement.
20. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer"
and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or
implied, between "Developer" and "City", other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the parties hereto
unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
21.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the "City" has
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT - (Bear CreekAZ-99-010) -Page 11 of 18
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
DEVELOPER:
BEAR CREEK, L.L.c.
B~~
ev 0 r¿;/
Attest:
JL-Y
BY RESOLUTION NO.
OWNER:
QUEENLAND ACRES, INC.
~
BY:
Theron Scott, Pr sident
Attest:
~ci4. fEi1~
BY RESOLUTION NO. ;;;;.. 'I ~
DEVELOPMENT AGREEMENT - (BearCreekAZ-99-01O) - Page 12 of 18
CITY OF MERIDIAN
BY:
Attest:
STATE OF IDAHO
:ss
COUNTY OF ADA
On this-2.... day of :J tAn -E' ,in the year 2000, before
me, a Not3!)'Public, personally appeared G:\"'-e.s -:flOh",>.ov-... and
Cro...í~ G...n,,"{s. members of Bear Creek, L.L.C" known or
identifie to me to be one of the members of the LImited Liability Company who
executed the instrument and the member who subscribed said Limited Liability
Company and acknowledged to me that such Limited Liability Company had
executed the same.
.~., """"""~
~.., ~p. L. J1 "'~
~.' ~'" "'-"';:1' ~
l~~ ."- .;;C' ~
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'-. ";'¡ ......., ~~ ~~
".,.J'S OF \'9 ~..~
:,.,.",...."."
~ ð(ú\
Not Public for Idaho ~
Commission expires: 8/~ 9/do::JJ.-
DEVELOP¡..ŒNT AGREEMENT - (Bear Creek AZ-99-01O) .. Page 13 of 18
STATE OF IDAHO
:ss
COUNTY OF ADA
On this~day of -:ItA Y'I -L ,in the year 2000, before
me, a Notary Public, personally appeared Theron Scott and Carol Lotspeich,
known or identified to me to be the President and Secretary of QueenlandAcres,
Inc., who executed the instrument on behalf of the said corporation and
acknowledged to me that such corporation executed the same.
"""""""""
".., ,,\... BO",", ---.
f';¡;.v~"'-" ~~'\\
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No Public for Idaho
Commission expires: 8/Ò}9/~ooJ-
STATE OF IDAHO
)
:ss
.zJ¡~
day of
:Júi'L
, in the year 2000,
County of Ada
On this
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg, .know or identified to me to be the Mayor and Clerk, respectively, of the
City of Meridian, who executed the instrument or the person that executed the
instrument of behalf of said City, and acknowledged to me that such City
executed the same.
(SEAL)
,,"..(j"""
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Notary Pu 1 c or
Commission expires: q-;)-~..{)O
DEVELOPÌ\ŒNT AGREEMENT - (Bear Creek AZ-99-01O) - Page 14 of 18
EXHIBIT A
Legal Description Of Property
A parcel of land lying in the E V2 of Section 24, Township 3
North, Range I West, Boise Meridian, Ada County, Idaho,
more particularly described as follows:
Commencing at the southwest corner of the E 1fz of Section
24, T. 3N., R. IW" B.M., the REAL POINT OF BEGINNING
of this description.
Thence N 00°51'45" E 2656.10 feet along the west line of the
E 1fz of said Section 24, being the centerline of S. Stoddard
Road, to the southwest corner of the NE 1/4 of said Section
24;
Thence N 00°51'53" E 1881.43 feet along the west line of the
NE 1/4 of said Section 24 and the centerline of S. Stoddard
Road to a point;
Thence S 89°46'45" E 1706.88 feet to a point on the
centerline of the Kennedy Lateral, also being the northwest
corner of Elk Run Subdivision;
Along the centerline of the Kennedy Lateral, and the
westerly boundary of Elk Run Subdivision and Elk Run
Subdivision No.2;
Thence S 05°05'50" W 290.43 feet to a point;
Thence S 05°46'22" W 496.02 feet to a point;
Thence along a curve to the left 163.76 feet, said curve
having a delta angle of 46°54'45", radius of 200.00 feet,
tangents of 86.78 feet, and a long chord bearing S 17°41'01"
E 159,22 feet to a point;
DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-010) - Page 15 of 18
Thence S 41°08'23" E 989.03 feet to a point;
Thence S 30°37'30" E 139.10 feet to a point;
Leaving said centerline and boundary;
Thence S 32°17'30" E 117.64 feet to a point on the north line
of the SE l/4 of said Section 24;
Thence N 89°27'07" W 1177.57 feet along the north line of
the SE l/4 of said Section 24 to the northeast comer of the
NW l/4 of the SE l/4 of said Section 24;
Thence S 00°45'52" W 1076.81 feet along the east line of the
NW l/4 of the SE l/4 of said Section 24 to a point;
Thence S 85°12'02" W 266.72 feet to a point;
Thence S 05°32'58" W 422.82 feet to a point;
Thence S 00°46'44" W 232.28 feet to a point;
Thence S 20°10'06" E 113.21 feet to a point;
Thence S 29°35'11" E 132.19 feet to a point;
Thence S 00°12'00" W 190.85 feet to a point;
Thence S 08°35'44" E 203.05 feet to a point;
Thence S 04°03'12" W 266.88 feet to a point on the north
right-of-way of W. Victory Road;
Thence S 00°38'53" W 25.00 feet to a point on the south line
of the SE l/4 of said Section 24 and the centerline of W.
Victory Road;
DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-010) - Page 16 of 18
Thence N 89°21'07" WI 145.51 feet along the south line of
the SE 114 of said Section 24 and the centerline of W.
Victory Road to the REAL POINT OF BEGINNING of this
description;
Said parcel of land contains 154,03 acres, more or less.
DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-010) - Page 17 of 18
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - (Bear Creek AZ-99-O1O) - Page 18 of 18
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF BEAR
CREEK, LLC, THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 150.79 ACRES FOR BEAR
CREEK SUBDIVISION
LOCATED EAST OF
STODDARD ROAD, SOUTH OF
OVERLAND ROAD MERIDIAN,
IDAHO
Revisions 04-11-00
)
)
)
)
)
)
)
)
)
)
)
Case No. AZ-99-0 1 0
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on
for public hearing on November 16,1999, and continued to December 7,1999, and
December 21, 1999, the Annexation and Zoning Findings were brought before the
City Council at their January 4,2000, meeting and tabled to January 18,2000, the
matter was then re-noticed for public hearing to February 15, 2000 and tabled to
March 7, 2000, again the matter was re-noticed for public hearing to April 4, 2000,
at the hour of7:00 o'clock p.m., and appearing at the December 7, 1999, hearing
were: Shari Stiles, Planning and Zoning Administrator, Gary Smith, City Engineer,
and Brad Watson, Assistant to the City Engineer, and appearing and testifying on
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-010
behalf of the Applicant were: Becky Bowcutt of Briggs Engineering, Inc., and Greg
Johnson of Bear Creek Development, LLC, and affected property owners appearing
were: Carolyn Darrington, Joan Atkins and Wilford A. Critell; appearing on
December 21, 1999, were Gary Smith, City Engineer, and appearing on behalf of the
Applicant were: Becky Bowcutt of Briggs Engineering, Inc., Joanne Butler, and
affected property owners who appeared were: Chris Yerrington and Carol Lotherage,
and continued to February 15,2000, and Shari Stiles, Planning and Zoning
Administrator, Gary Smith, Public Works, and Tom Kuntz, Parks and Recreation
Director, appeared and testified, and appearing on behalf of the Applicant were: Mike
Spink and Becky Bowcutt, and appearing with concerns and comments were: Chuck
Rauch, Dennis Montgomery, and Kent Yerrington, and continued to April 4, 2000,
and appearing and testifying were: Lee Centers and Chuck Rauch, and having
received the Recommendation to City Council of the Planning and Zoning
Commission on this matter, 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 AJ'JD CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC
CASE NO. AZ-99-010
----,-_.~
STATEMENT OF LEGAL AUTHORITY AL"J'D'JURISDICTION:
CONCLUSIONS OF LAW
Tudicíal Notice:
The Council may take judicial notice of government ordinances, and policies,
and of actUal conditions existing within the City and State.
Annexation:
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 § 11-16-1 provides that the
City may annex real property that is within the Meridian Urban Service Planning
Area which is designated in the Comprehensive Plan City of Meridian adopted
December 21,1993, Ord. No. 629, January 4,1994, and as provided in Meridian
City Code § 11-16-3.
2.
The City Council exercises its legislative authority in the annexation
and zoning of annexed land. Burt v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho
65 (1983).
Prior to annexation the City Council shall request and receive a
recommendation from the Planning and Zoning Commission of proposed zoning
ordinance changes for the area to be annexed in accordance with the notice and
FINDINGS OF fACT Ai\fD CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBEARCREEK, LLC
CASE NO. AZ-99-010
hearing procec:ures prm,ided in Section 67-6509. Idaho Code and concurrently or
immediately following the adoption of an ordinance of annexation, the City Council
shall amend the Planning and Zoning Ordinance. [I.c. § 67-6525] [Meridian City
Code §11-16-1]
Zoning:
3.
The City of Meridian shall exercise the powers conferred upon it by the
Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of
Title 67 Idaho Code which provides that the Council shall by ordinance establish
within its boundaries one or more zones or zoning districts in accordance with the
adopted Comprehensive Plan. [I.c. § 67-6511].
4.
The "Zoning Ordinance" of the City of Meridian applies and regulates
all development of land within the City limits and property outside the City limits
for which annexation has been requested. [Meridian City Code § 11-1-3 j
5.
The City of Meridian has exercised its aùthority and responsibility as
provided by "Local Land Use Planning Act" by the adoption of the "Zoning
Ordinance" of the City of Meridian, Idaho, which provides for various zoning
districts. [Meridian City Code Title 11 Chapters 1 through 21. j
5.1
The "Zoning Ordinance" provides a zoning district (R-4) Low
Density Residential District which is defined as: [Meridian City
Code § 11-7-2 C .j
(R-4) Low Densi1;y Residential District: Only single-family
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC
CASE NO. AZ-99-010
5.2
5.3
5.4
5.5
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 predominately 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
non-residential 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 of Meridian.
The "Zoning Ordinance" provides for a "Zoning Schedule for Use
Control" for land uses in various established zoning districts for
permitted use, conditional use and permitted accessory use.
[Meridian City Code § 11-6-1.]
The "Zoning Ordinance" provides for a zoning District Map
where the zoning districts established by the ordinance are
shown. [Meridian City Code § 11-6-1.]
The "Zoning Ordinance" provides for general procedures for the
initiation and process of zoning amendment applications
including notice and hearing procedures before the Planning and
Zoning Commission and the City Council. [Meridian City Code
§§ 11-15-1 -- 11-15-6.]
The General Standards Applicable To Zoning Amendments
include the following [ Meridian City Code § 11-15-11]:
5.5.1 Will the new zoning be harmonious with and in
accordance with the Comprehensive Plan and, if not, has
there been an application for a Comprehensive Plan
amendment;
5.5.2 Is the area included in the zoning amendment intended to
be rezoned in the future;
5.5.3 Is the area included in the zoning amendment intended to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-01O
,
be developed in the fashion that would be allowed under
the new zoning - for example, a residential area turning
into commercial area by means of conditional use permits;
5.5.4 Has there been a change in the area or adjacent areas
which may dictate that the area should be rezoned. For
example, have the streets been widened, new railroad
access been developed or planned or adjacent area being
developed in a fashion similar to the proposed rezone
areas;
5.5.5 Will the proposed uses be designed, constructed, operated
and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the
general vicinity and that such use will not change the
essential character of the same area;
5.5.6 Will the proposed uses not be hazardous or disturbing to
existing or future neighboring uses;
5.5.7 Will the area be served adequately by essential public
facilities and services such as highways, streets, police and
fire protection, drainage strUctures, refuse disposal, water,
sewer or that the person responsible for the establishment
of proposed zoning amendment shall be able to provide
adequately any of such services;
5.5.8 Will not create excessive additional requirements at public
cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
5.5.9 Will the proposed uses not involve uses, activities,
processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property
or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
5.5. 10 Will the area have vehicular approaches to the property
which shall be so designed as not to create an interference
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-010
with traffic on surrounding public streets;
5.5.11 Will not result in the destruction, loss or damage of a
natural or sceniè featUre of major importance; and
5.5.12 Is the proposed zoning amendment in the best interest of
the City of Meridian.
6.
The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act", 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.
Developmrnt Conditions:
7.
The City is authorized by I.c. § 67-6511 A by the adoption of an
ordinance to require or permit as a condition of rezoning that an owner or developer
make a written commitment concerning the use or development of the subject parcel
which the City has enacted as a part of the "Zoning Ordinance" at Meridian City
Code § 11-15-12 and if the property is annexed and zoned Meridian City Code § 11-
16-4A
8.
Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
City ofldaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
9.
The development of the annexed land, if annexed, shall meet and
comply with the Subdivision Ordinances of the City of Meridian including, but not
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGJBEARCREEK, LLC
CASE NO. AZ-99-OlO
limited to: Meridian City Code § 12-2-4 which pertains to platting time schedules
and requirements; Meridian City Code § 12-4-13, which pertains to the piping of
ditches; and Meridian City Code § 12-5-2 N, which pertains to pressurized irrigation
systems.
10.
The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
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 November 16, 1999, which hearing was then continued to December ï,
1999, and again continued to December 21,1999, the Annexation and Zoning
Findings were brought before the City Council at their January 4, 2000, meeting and
tabled to January 18, 2000, the matter was then re-noticed for public hearing to
February 15,2000, and tabled to March 7, 2000, again the matter was re-noticed for
public hearing to April 4, 2000, and all in attendance were notified of said
continuations and/or re-notice of public hearing by the City Council action and the
first publication occurring and written notice having been mailed to property owners
or purchasers of record within three hundred (300') feet of the external boundaries of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC
CASE NO. AZ-99-010
the propeny under consideration more than fifteen (15) days prior to said hearing
and with the notice of public hearing having been posted upon the propeny under
consideration more than one week before said hearing; and that copies of all notices
were made available to newspaper, radio and television stations as public service
announcements; and the matter having been duly considered by the City Council,
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 --
11-15-6 and 11-16-1.
3.
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Meridian City Code Title 11 and Title 12, and
all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance Establishing the Impact Area Boundary.
4.
The property is approximately 150.79 acres in size. The property is
located east of Stoddard Road, south of Overland Road and is designated as the
proposed Bear Creek Subdivision, and described as follows:
A parcel of land lying in the E 1h of Section 24, Township 3 North, Range 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC
CASE NO. AZ-99-0 10
West, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at the southwest comer of the E If:¡ of Section 24, T. 3N., R.
1 W., B.M., the REAL POINT OF BEGINNING of this description.
Thence N 00°51'45" E 2656.10 feet along the west line of the E Y2 of said
Section 24, being the centerline of S. Stoddard Road, to the southwest comer
of the NE 1/4 of said Section 24;
Thence N 00°51 '53" E 1881.43 feet along the west line of the NE 1/4 of said
Section 24 and the centerline of S. Stoddard Road to a point;
Thence S 89°46'45" E 1706.88 feet to a point on the centerline of the Kennedy
Lateral, also being the northwest corner of Elk Run Subdivision;
Along the centerline of the Kennedy Lateral, and the westerly boundary of Elk
Run Subdivision and Elk Run Subdivision No.2;
Thence S 05"05'50" W 290.43 feet to a point;
Thence S 05"46'22" W 496.02 feet to a point;
Thence along a curve to the left 163.76 feet, said curve having a delta angle of
46°54'45", radius of 200.00 feet, tangents of 86.78 feet, and a long chord
bearing S 17°41'01" E 159.22 feet to a point;
Thence S 41°08'23" E 989.03 feet to a point;
Thence S 30°37'30" E 139.10 feet to a point;
Leaving said centerline and boundary;
Thence S 32°17'30" E 117.64 feet to a point on the north line of the SE 1/4 of
said Section 24;
Thence N 89°27'07" W 1177.57 feet along the north line of the SE 1/4 of said
Section 24 to the northeast comer of the NW 1/4 of the SE 1/4 of said Section
24;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONINGÆEAR CREEK, LLC
CASE NO. AZ-99-010
Thence S 00°45'52" W lOï6.81 feet along the east line of the NW 1/4 of the
SE 1/4 of said Section 24 to a point;
Thence S 85°12'02" W 266.72 feet to a point;
Thence S 05°32'58" W 422.82 feet to a point;
Thence S 00°46'44" W 232.28 feet to a point;
Thence S 20°10'06" E 113.21 feet to a point;
Thence S 29°35'11" E 132.19 feet to a point;
Thence S 00° 12'00" W 190.85 feet to a point;
Thence S 08°35'44" E 203.05 feet to a point;
Thence S 04°03'12" W 266.88 feet to a point on the north right-of-way ofW.
Victory Road;
Thence S 00°38'53" W 25.00 feet to a point on the south line of the SE 1/4 of
said Section 24 and the centerline of W. Victory Road;
Thence N 89°21'07" W 1145.51 feet along the south line ofthe SE 114 of said
Section 24 and the centerline of W. Victory Road to the REAL POINT OF
BEGINNING of this description;
Said parcel of land contains 154.03 acres, more or less.
5.
The owner of record of the subject property is Theron Scott, Queenland
Acres, Inc. of 670 W. Victory, Meridian, Idaho.
6.
Applicant is Bear Creek, LLC, of POBox 344, Meridian, Idaho.
7.
The property is presently zoned by Ada County as Rural Transitional
(R-T), and consists of various agricultural and residential uses.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-01O
8.
The Applicant requests that the property be zoned as Low Density
Residential R-4.
9.
The subject property is bordered to the north by Ada County
Residential, to the east by Meridian Elk Run Subdivision, further to the east Ada
County Rural Transitional, with agricultural use to the south, and Ada County
Residential and to the west Ada County Residential, and the city limits of the City
of Meridian are adjacent and abut to the northeast portion of the subject propeny.
10.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
11.
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.
12.
The Applicant proposes to develop the subject propeny in the following
manner: 326 single family residential lots, 31 common lots and one Meridian park
lot.
13.
The Applicant requests zoning of the subject real property as R-4 Low
Density Residential which is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as single family
residential.
14.
The Public Works Director and Public Works Department are
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC
CASE NO. AZ-99-010
concerned with the City's ability to provide sanitary sewer service to this project.
They are additionally concerned on how to provide for a rational far the handling of
the City's further growth in this region, particularly to the west of the project, in
that, 17 acres of the subject property are designated in the City's Master Plan to be
served by the Ten Mile Trunk Line to the sewer plant, and the remaining portion is
to be served by the yet to be developed Black Cat Trunk Sewer Connector. Even
though the "HYDRA Sewer Analysis" for this project, from the Planning and Zoning
and Public Works Departments, requested this project not be approved due to
concern with the ability of the City to approve future development which was to
rightfully be served by the Ten Mile Sewer Trunk, the Public Works Director did
testify, and the Council finds it is possible and feasible to sewer the subject parcel
presently through the Ten Mile Trunk Line as proposed and the imposition of an
estimated $1,500.00 per lot trunk fee would help establish a base fund for the
development of the Black Cat Sewer Trunk, which will uìï.imately serve the major
portion of the subject property and the subject property and parcel is partially
designated to be served by the Ten Mile Sewer and the applicant is able to proceed
with development.
15.
The City is in need of additional park land to serve the southwest region
of the City and its impact area. This proposed application includes the construction
, "" :,\:~:, .
'..':.:~ L'."..:n. ins:,ùleè, víl:':\ ., ::::r;_';;Jer system and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - rage 13
AND DECISION AND ORDER GRANTING APPLICATION.
FOR ANNEXATION AND ZONINGJBEAR CREEK, LLC . ..
CASE NO. AZ-99-010
one parking lot and which is designated as Lot I 18.62 acres "City of Meridian Park"
or. the Preliminary Plat, Bear Creek Estates Subdivision, Briggs Engineering, Inc.,
DWG, Date: 06/01199 ris, DWG No. 990211.PRE, Revision 11-11-99, Sheet PRE, in
the companion application for Preliminary Plat PP-99-01O. The Applicant has
expressed a desire to donate this park to the public.
16.
Persons owning parcels in the area of the proposed development voiced
concern with the traffic conditions on Overland, which is to the north and not
adjacent to the project. Meridian Road is to the east of the project and Victory Road
is south and adjacent to this proposed project. It is recognized by the City Council
that traffic is a concern but the same is under the jurisdiction and control of the Ada
County Highway District and the State Department of Transponation. With the
exception of Victory Road all such roads are designated as "Minor Anerials" as set
forth in Map 3 of the Transportation Component of the Meridian Comprehensive
Plan. The proposed plat, which is an accompanying application in Case No. Pp.99-
010, designating access for ingress and egress to the proposed residential development
on Stoddard Road at three (3) separate locations, and Meridian Road at one location
through Elk Run Subdivision which is found to disburse traffic from the subject
property onto Victory Road, Overland and Meridian Roads, and there has been no
evidence produced by ACHD, or by any traffic study, which determines that the
existing roads could not handle the traffic of the proposed project.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC
CASE NO. AZ-99-010
1 Î.
The application is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Residential.
Further, this proposed application is in conformance and consistent with the
following provisions of the Meridian Comprehensive Plan:
17.1 Goals, Page 5 of the Meridian Comprehensive Plan: Goals 2, 4, 5, 8,
and 10.
17.2 Land Use Residential Policies, Page 23 of the Meridian Comprehensive
Plan: Land Use Residential Policies: 2.2U, 2.3U, and 2.4U.
18.
There are no significant or scenic features of major importance that
affect the consideration of this application.
19.
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 which restrict the use and development of the subject real property under
the R-4 zoning procedures.
20.
It is found that if the developer pays for the requested improvement and
complies with the conditions set forth in these findings of fact, 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
, CASE NO. AZ-99-010
.0
21.
It is found that the development considerations which must be taken
into account, in order to assure the proposed development is designed, constructed,
operated and maintained in a manner which is harmonious and appropriate in
appearance with the existing, or intended character of the general vicinity, and with
the Comprehensive Plan 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, and can best be handled by requiring a development
agreement which contains development conditions as is set forth herein in the
Decision and Order.
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
150.79 acres to Low Density Residential (R-4) is granted subject to the terms and
conditions of this Order hereinafter stated.
2.
The application is for annexation and zoning of 150.79 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 16
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-01O
Resolution No. 158. The legal description for anne;xation must place this parcel
contiguous to the Corporate City Limits per Ordinance No. 686.
3.
Owner and Developer are required to enter into a Development
Agreement, and such Development Agreement shall also include and contain the
conditions of development and use which govern the subject real property as follows:
3.2
3.3
3.1
Development, use and maintenance for single-family residences
and public recreational use in accordance with Preliminary Plat,
Bear Creek Estates Subdivision, Briggs Engineering, Inc., DWG,
Date: 06/01/99 ris, DWG No. 990211.PRE, Revision 11-11-99,
Sheet PRE, in the companion application for Preliminary Plat PP-
99-010, except as is modified and conditioned by the City
Council in the platting process.
The owners of Lot 1 will construct a public park with a functional
irrigation system in accordance with the City Parks and
Recreation Department and Public Works Department
specifications and seed the same into grass and construct a
parking lot on the east side of said park for said park at the
location designated in Preliminary Plat, Bear Creek Estates
Subdivision, Briggs Engineering, Inc., DWG, Date: 06/01/99 ris,
DWG No. 990211.PRE, Revision 11-11-99, Sheet PRE, in the
companion application for Preliminary Plat PP-99-01O for Lot 1
which is shown as 18.62 Acres "City of Meridian Park" therein.
The owners of this Lot 1 have indicated their desire to donate'
this Lot 1 to the public as a park.
The Developer shall pay for improvements to the Ten Mile Sewer
as set forth to accommodate this development, that is 326 homes,
and required in the platting process. The Developer and the City
shall enter into a "latecomers" agreement wherein the cost of any
capacity created by the Developer in the Ten Mile Trunk Line
above that necessary to accommodate this development will be
collected from any "latecomer" developments who utilize that
capacity. Said agreement shall have a term of 15 years. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBEAR CREEK, LLC
CASE NO. AZ-99-010
.<
Developer shall pay an additional sum of $1 ,300.00 per lot which
sum shall be paid by the Developer in one lump sum in
connection with the recordation of each plat of the development
as and for a Trunk Construction Fee for the Black Cat Connector
which will eventually serve the subject property, which sum is
estimated to be the Developer's proportionate share of the total
cost of the Black Cat Connector. The City shall assess such
additional sum in connection with the grant of a building permit
for any and all residential lots within the Black Cat Connector
service area, so that future developments shall be on the same
footing with applicant and will be assessed a connector fee.
3.4
A decorative noncombustible fence will be installed along that
portion of Lot 1 that borders the other lots. No gates in the
fence will be allowed between Lot 1 and the bordering lots.
3.5
Applicant shall coordinate with the Public Works Department
regarding the routing and sizing of sewer lines within the
subdivision in order to accommodate future sewer connections
upstream from the development. The City shall be responsible
for the cost of up sizing any sewer lines to accommodate future
sewer connections.
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-4) Low Density Residential
District (Meridian City Code § 11-7-2 C).
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 § 11-6-1 in accordance ,vith the provisions of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-010
.'
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 anne..xation and zoning and who may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the / g.r!:-
day of
~
,2000.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED a/J,¡¿d-
COUNCILMAN KEITH BIRD
VOTED -#-A...-
COUNCILPERSON TAMMY deWEERD
VOTED-$/A....-
COUNCILMAN CHERIE McCANDLESS
VOTED$tt....-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-010
,~
..
MAYOR ROB~ D. CORRIE (TIE BREAKER)
DATED: (8 -co
VOTED-
MOTION:
APPROVED:~ DISAPPROVED:-
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
Brdk~ J ~ a
City Oerk . .
Dated:
msglZ:\ Work\MlMeridian lS360MlBear CreeklAZFfCls041100Revisions
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEAR CREEK, LLC
CASE NO. AZ-99-010