Sterling Creek Subdivision
DEVELOPMENT AGREEMENT
THIS+pEVELO~ENT AGREEMENT (this "Agreement"), is made and entered
into this ~ day of '()VOtibe¡-. 1998, by and between CITY OF MERIDIAN, a
municipal corporation of the State ofIdaho, hereafter called "CITY", and Moore or Les,
Inc., an Idaho company, and Ronald L. Crow, party of the second part, hereinafter called
"DEVELOPER", whose address is 1185 O¡¡pre.y Ridge Eag1e Idaho 83616 and 6937
West Parapet Court. Boise Idaho 83703
1.
RECITALS:
1.1
1.2
1.3
1.4
1.5
1.6
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of
certain tract ofland in the County of Ada, State ofIdaho, described in
Exhibit A, which is attached hereto and by this reference incorporated
herein as if set forth in full, herein after referred to as the "Property"; and
WHEREAS, I.C. §67-65 11 A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the owner or
developer make a written commitment concerning the use or development
of the subject property; and
WHEREAS, CITY has exercised its statutory authority by the enactment
of Ordinance 11-2-416L and 11-2-417D, which authorizes development
agreements upon the annexation and/or re-zoning ofland; and
WHEREAS, DEVELOPER has submitted an application for annexation
and zoning of the Property's described in Exhibit A, and requested a
designation of Medium Density Residential District (R-8) , 11-2-408 (11)
(Municipal Code of the City of Meridian), with a conditional use permit
and has submitted a site plan in connection with the development of the
property, which site plan is subject to specified terms and conditions, has
been recommended for approval by the Meridian Planning & Zoning
Commission to the Meridian City Council; and
WHEREAS, DEVELOPER made some 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 request for annexation and zoning
designation of the subject Property held before the Planning & Zoning
Commission, and subsequently before the City Council, include responses
of govermnent subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment; and
~ :ZRE~U F
ADA COU~TY RECORDER 5/:.S ... n"-
DEVELOPMENT AGREEMENT J. DAVID NAVARRO P1 FE EP ,
STERLING CREEK SUBDMSION BOISE. IDAHO
1998 NO 11 AM to: 163 9 8 I I 0 3 I I
1.7
1.8
1.9
1.10
WHEREAS, City Council, the 11th day of November, 1997, has approved
certain Findings of Fact and Conclusions of Law in order of decision, set
forth in Exhibit C, which are attached hereto and by this reference
incorporated 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
WHEREAS, 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
WHEREAS, CITY requires the DEVELOPER to enter into a development
agreement for the purpose ensuring that the property is developed and the
subsequent use of "the Property" is in accordance with the terms and
conditions of this development agreement, herein been established as a
result of evidence received by the City in the proceedings for annexation
and zoning designation from govermnent subdivisions providing services
within the planning jurisdiction and from affected property owners and to
ensure annexation and zoning designation is in accordance with the
Comprehensive Plan of the City of Meridian adopted December 21,1993,
Ordinance #629, January 4, 1994, and the Zoning and Development
Ordinance codified in Title 11, Municipal Code of the City of Meridian,
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
2.
INCORPORA nON OF RECITALS
2.1 That the above recitals are contractual and binding and are incorporated
herein as if set forth in full.
3.
USES PERMITTED BY THIS AGREEMENT:
3.1
The uses allowed pursuant to this Agreement are those uses allowed
under CITY's Zoning Ordinance Medium Density Residential District
(&.8) codified at section 11-2-408 (11) Municipal Code ofthe City of
Meridian.
PAGE
2
DEVELOPMENT AGREEMENT
STERLING CREEK SUBDMSION
3.2
DEVELOPER agrees that this Agreement specifically allows only the uses
and/or conditional uses described in the above referenced Zoning
Ordinance on the date thereof and which uses are specifically incorporated
herein.
3.3
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
4.
DEVELOPMENT IN CONDITIONAL USE:
4.1 DEVELOPER has submitted to CITY an application for conditional use
permit, and shall be required to obtain the City's approval thereof, in
accordance to the City's Zoning & Development Ordinance criteria, therein,
provided, prior to, and as a condition of, the commencement of construction
of any buildings or improvements on the Property that require a conditional
use permit.
5.
CONDITIONS GOVERNING DEVELOPMENT OF SIJBIECT PROPERTY'
5.1
DEVELOPER shall develop subject Property including the obtainance of
the appropriate permits and compliance with CITY ordinances regarding
the building permits and other life safety codes applicable to such
development in accordance with the following special conditions:
5.1.1
That DEVELOPER, in accordance with its representations before
the CITY, shall, on the land described in Exhibit A, construct
single-family houses which shall not have less than the square
footage of interior living space for that particular residential lot as
specified on the final plat of Sterling Creek Subdivision.
Townhouse and/or duplexes will be constructed on Lots
1,2,3,4,5,6,7, and 8, Block 1. Lot 9, Block 1 is an access lot. Each
unit shall not have less than the square footage of interior living
space for that particular lot as specified on the final plat of Sterling
Creek Subdivision.
5.1.2 That the property is zoned R-8, described in Exhibit A, and shall
have lot sizes specified on the final plat of Sterling Creek
Subdivision, which are the size represented at the City hearings,
and shall meet all of the requirements of the R-8 zone and single
family, townhouse and/or duplex to be constructed on said
property.
5.1.3 That there shall be no change to increase the number oflots or
reduce the size oflots shown in the final plat of Sterling Creek
Subdivision as submitted with the request for annexation, zoning
DEVELOPMENT AGREEMENT
STERLING CREEK SUBDMSION
PAGE
and final plat approval, which is incorporated herein as if set forth
in full.
5.1.4 That DEVELOPER will, before annexation, file or cause to be
filed with the City Engineer, a complete set of "Subdivision
Improvement Plans" showing all streets, utilities, pressurized
irrigation facilities, sewer, water, drainage, street and other similar
signing and barricades, and other such improvements contemplated
within the subdivision, which Plans and all improvements shown
thereon shall meet the approval of the City Engineer. The
Subdivision Improvement Plan, or Plans supplemental thereto,
shall also show the proposed location of pressurized irrigation
facilities within or that may affect or be affected by the
development. Said Subdivision Improvement Plans are
incorporated herein and made a part hereof by reference.
5.1.5 That DEVELOPER will, at his, its or their own expense, construct
and install all sanitary sewers, storm drains, pumping stations,
water mains and appurtenances, fire hydrants, curbs, gutters and
sidewalks, pressurized irrigation systems, electrical transmission
lines, natural gas lines, telephone lines, sidewalks, cross drains,
street, street surfacing, street signs, and barricades as well as any
and all other improvements shown on the Subdivision
Improvement Plans. DEVELOPER shall also install telephone,
electrical power, gas lines and television as required for the
development.
5.1.6 That DEVELOPER will construct and install all such
improvements in strict accordance with the filed and approved plat
and Subdivision Improvement Plans, and the City Standard
Engineering Drawings and Standard Engineering Specifications
current and in effect at the time the construction of said
improvements is accomplished, or as otherwise agreed between the
DEVELOPER and the CITY if the standards and specifications are
more restrictive and onerous at the time of construction than at the
time of execution of this Agreement.
5.1.7 That DEVELOPER will provide the City Engineer with at least
fifteen (15) days advance written notification of when and of what
portion, or portions, of said improvements it intends to complete
and the time schedule therefor; and agrees to make such
modifications and/or construct any temporary facilities
necessitated by such phased construction work as shall be required
and approve by the City Engineer.
DEVELOPMENT AGREEMENT
STERLING CREEK SUBDIVISION
PAGE
4
5.1.8 That DEVELOPER will have "corrected" original drawings of the
Subdivision Improvement Plans of all said improvements prepared
by a Registered Professional Engineer and will provide the CITY
with said Plans or a duplicated mylar copy of said Plans. The
Subdivision Improvement Plans of the proposed improvements
shall be "corrected" to show the actual constructed location (both
horizontally and vertically) of the various water and sewer lines,
all utility lines, and pressurized irrigation lines and their individual
building service lines, the curb and gutter alignment and grades,
etc. The "corrected Subdivision Improvement Plans shall include a
"Certification" thereon, signed by the Registered Professional
Engineer in charge of the work, that said Plans of the various
improvements are true and correct.
5.1.9 That DEVELOPER will, immediately upon the completion of any
such constructed portion, portions, or the entirety of said
development, notifY the City Engineer and request his inspection
and written acceptance of such completed improvements.
5.1.10 That DEVELOPER agrees, that upon finding by the City Council,
duly entered in the official minutes of the proceedings of the City
Council, that portion, or portions, or the entirety of said
improvements need to be completed in the interest of the health,
welfare and/or safety of the inhabitants of the CITY, the
DEVELOPER will thereupon, within a reasonable time, construct
said needed improvements, or if it does not so construct within a
reasonable time after written notification of such Council action,
and the CITY thereafter determines to construct, and does
construct such improvement, or improvements, the DEVELOPER
will pay to the CITY the cost of such construction, in such manner
and under such terms as the CITY shall order, after conference
with the DEVELOPER or attempted conferences after notice to
DEVELOPER. Provided, however, the City Council shall not
make the findings provided for in this paragraph except at a regular
or special meeting of the City Council and unless the
DEVELOPER has been notified in writing of the time and place of
such meeting at least three (3) days prior thereto and has been
given an opportunity to be present in person or by counsel, and to
be heard on the merits of the proposed fmding.
5.1.11
That DEVELOPER agrees that upon his, its, or their having
received written notification from the City Engineer, that any of
the requirements herein specified have not been complied with,
that the CITY shall have the right to withhold the issuance of any
Certificates of Occupancy within such annexed area and/or shall
have the right to withhold the providing of culinary water service
DEVELOPMENT AGREEMENT
STERLING CREEK SUBDIVISION
PAGE
to any part, parcel, or portion of such annexed area until such time
as all requirements specified herein have been complied with;
provided, however, the DEVELOPERS shall have the right to
appear before the City Council at any regular meeting after any
Certificate of Occupancy or any water service shall have been
withheld for reasons set forth in this paragraph, and shall have the
right to be heard as to why such Certificate of Occupancy should
be issued or water service allowed. The Council shall then decide
whether said Certificate of Occupancy shall be issued or water
service to said Property allowed, and its decision shall be final,
except that the rights of the parties are preserved at law and equity.
5.1.12 DEVELOPER agrees that, in the event any ofthe improvements
required herein are not timely installed, the CITY may, at its sole
option, install the improvements and declare the entire cost of said
improvements to be immediately due and payable and may seek to
collect such sums in the manner provided by law, or may pursue
any other remedy set forth herein or as may be available in law or
equity. In the event of such declaration, all sums due shall bear
interest at the prime rate of First Security Bank ofIdaho, plus five
percent (5%) per annum, until paid.
5.1.13 That DEVELOPERS agrees to, and does hereby, grant a security
interest in the land which is the subject of this Agreement, to
secure the installation of all improvements including, but not
limited to, sewer, water, irrigation and drainage piping, pressurized
irrigation system, landscaping and berming, and fencing. In the
event of DEVELOPER's failure to complete such installation, the
CITY may install such improvements and, without notice,
foreclose this Agreement as a mortgage in accordance with the
mortgage foreclosure laws of the State ofIdaho; provided further
that upon request of the DEVELOPER, the CITY will execute and
deliver a partial release of the lien created herein against all or any
portion of the subject land, upon completion of that portion of the
total improvements installed which relates to the percentage of
improvements that have been installed as compared to the total
amount of improvements.
The CITY further agrees that, upon request of DEVELOPER, the
CITY will, by written agreement, subordinate the lien created
hereby, to any mortgage, deed of trust, or other security device
required to secure the payment of any loan or advance made to
DEVELOPER for the sole purpose of financing the construction of
improvements upon the land which is the subject ofthis
Agreement; provided, however, that the financing entity shall first
warrant and represent in writing that it understands that the
DEVELOPMENT AGREEMENT
STERLING CREEK SUBDIVISION
PAGE
6
contemplated loan or advances will be used solely for the
construction of improvements upon the land and that it will take
reasonable precautions usual and customary to the financing and
lending industry to ensure that the loan proceeds or advances will
not be used for any other purpose.
The CITY may also require surety bonds, irrevocable letters of
credit, cash deposits, certified check or negotiable bonds, as
allowed under 11-9-606 C of the Revised and Compiled
Ordinances of the CITY of Meridian, to insure that installation of
the improvements, and the DEVELOPER agrees to provide such,
if required by the CITY.
5.1.14 That 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; in any event, no Certificate of Occupancy shall be
issued in any phase in which the improvements have not been
installed, completed, and accepted by the CITY.
5.1.15 That DEVELOPER agrees, in recognition of the unique and
peculiar circumstances relative to this development, to the special
conditions set forth in Exhibit B attached hereto and by this
reference made a part hereof; and agrees to construct a perimeter
fence around the entire parcel prior to any construction, except
where roadways and streets for access are located and except
where the CITY has agreed that such fencing is not necessary.
5.1.16 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.
5.2.
No condition herein provided can be modified or amended in connection
other than as provided for herein and after public hearing by the City
Council, in accordance with the notice provisions provided for zoning
designation or amendment under enforcement at the time.
DEVELOPMENT AGREEMENT
STERLING CREEK SUBDMSION
PAGE
7
6.
INSPECTION:
6.1
DEVELOPER shall, immediately upon completion of any portion or the
entirety of said development of the Property, 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.
7.
COMPLIANCE PERIODI CONSENT TO REZONE:
7.1
This Agreement and the commitments contained herein shall be
terminated, and the zoning designation reversed, upon failure of
DEVELOPER or DEVELOPER's heirs, successors, assigns, to comply
with the commitments contained herein within two (2) years, and after
complying with the notice and hearing procedures as outlined in § 67-
6509, Idaho Code, or any subsequent amendments or recodifications
thereof. Provided, however, no such consent to rezone shall occur unless
CITY provides written notice of any failure to comply with this
Agreement to DEVELOPER and DEVELOPER fails to cure such failure
within six (6) months of such notice. The two (2) year period of time for
compliance may be extended by CITY for just cause and upon notification
for such by DEVELOPER, and after complying with the notice and
hearing procedures as outlined in § 67-6509, Idaho Code, or any
subsequent amendments or recodifications thereof.
8.
REQUIREMENT FOR RECORDA nON:
9.
8.1
CITY shall record either a memorandum of this Agreement or this
Agreement, including all of the Exhibits, at DEVELOPER'S cost, and
submit proof of such recording to DEVELOPER, prior to the third reading
of the Meridian Zoning Ordinance in connection with the annexation and
zoning of the Property by the City Council. If for any reason after such
recordation, the City Council fails to adopt the ordinance in connection
with the annexation and zoning of the Property contemplated hereby, the
CITY shall execute and record an appropriate instrument ofrelease of this
Agreement.
ZONING:
9.1
CITY shall, following recordation of the duly approved Agreement, enact
a valid and binding ordinance zoning the Property as specified herein.
DEVELOPMENT AGREEMENT
STERLING CREEK SUBDIVISION
PAGE
10.
DEFAULT
10.1
10.2
11.
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 connections 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 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.
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 performance ofthe
covenants, agreements, conditions, and obligations contained herein.
11.1
11.2
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 within such
failure may be cured shall be extended for such period as may be
necessary to complete the curing of the same with diligence and
continuity.
In the event the performance of any covenant to be performed hereunder
by either DEVELOPER or CITY is delayed for causes which are beyond
the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes
or similar causes, the time for such performance shall be extended by the
amount of time ofsuch delay.
~ 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:
12.
PAGE
9
DEVELOPMENT AGREEMENT
STERLING CREEK SUBDIVISION
13.
14.
15.
CITY:
DEVELOPER:
c/o City Engineer
City of Meridian City
33 E. Idaho Ave.
Meridian, ID 83642
Moore or Les, Inc.
Ronald L. Crow
1185 Osprey Ridge
Eagle, Idaho 83616 and
6937 West Parapet Court
Boise, Idaho 83703
with copy to:
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
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 ofthis section.
Attorn~y 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.
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.
Binding u'pon 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 each 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 benefited 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.
DEVELOPMENT AGREEMENT
STERLING CREEK SUBDMSION
PAGE
10
16.
17.
mvalid 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 therefrom
and the invalidity thereof shall not affect any of the other provisions contained
herein, except that if an provision of this Agreement is held not valid which
DEVELOPER's development of the Property, DEVELOPER may, at its sole
discretion, declare this entire Agreement null and void of no force and effect and
thereby relieve all parties from any obligations hereunder.
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.
18.
Effective Date of Agreement This Agreement shall be effective on the date the
Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and
execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT
STERLING CREEK SUBDMSION
PAGE
11
ACKNOWI_EDGEMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
Made it effective as hereinabove provided.
Moore or Les, Inc., and Ronald L. Crow
BY~ it ¿§¡,A.)
Ronald L. Crow
CITY OF MERIDIAN
BY:(!(C n. (2f-
~ OIl;:¡ {lounc,7 I're.si'deltt;-
Attest:
DEVELOPMENT AGREEMENT
STERLING CREEK SUBDMSION
PAGE
12
STATE OF IDAHO)
:ss
COUNTY OF ADA )
On thiS£day of November, in the year 1~98, before me, ~A.t/V '5¥P4
a Notary Public, personally appeared Ron Leslie, kp.own or identified to me to be the
l~~sident, of said Moore or Les, Inc., Ada County, S~ate ofIdaho, and also who executed
'the'instrument or the person that executed the instrument on behalf of said Moore or Les,
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,f""'.J....~~'~d~c~o'IVledge to me having ~xecuted the sam.e.
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STATE OF IDAHO)
:ss
COUNTY OF ADA )
On this~ay of November, in the year 1~98, before me, ~ALu ~
a Notary Public, personally appeared Ronald L. Cro~, known or identified to me to be
the person who executed the foregoing instrument, and acknowledge to me that he
executed the same.
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DEVELOPMENT AGREEMENT
STERLING CREEK SUBDMSION
PAGE
13
STATE OF IDAHO)
:ss
County of Ada )
On this 4 th day of N D\/eM)~ , in the year 1998, before me,
Ac-ro. V ~ ~ tÞl/eJ !lÞt--hu.
c...) I rY'\ -So , a Notary Public, personally appeared h l [) C~..:':' 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.
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DEVELOPMENT AGREEMENT
STERLING CREEK SUBDMSION
PAGE
14
Legal Description OfPro.per1y
DEVELOPMENT AGREEMENT
STERLING CREEK SUBDIVISION
EXHIBIT A
PAGE
15
lôXHIBIT "A"
A portion of land within the East ~ of the NW~, and in
the West ~ of the NE ~ of Section 7, Township 3 North,
Range 1 East, B.,M., Meridian, Ada County, Idaho, as
shown on Record of Survey No. 3832 filed as Instrument
No. 97023999 in the records of Ada County, Idaho, more
particularly described as follows:
Commencing at a found brass cap at the center ~ corner
of said Section 7;
Thence North OOOdegrees 34'46" East; 957.00 feet (58
rods) along the North/South midsection line to the TRUE
POINT OF BEGINNING;
. Thence along a line parallel with the East/West
midsection line, North 89 degrees 33'49" East 301.05
feet to a point on the Westerly boundary of the Danbury
Faj,r S'lbdivision No.4, said point is also 301.00 feet
East of and at
midsection line;
right
angles
with
the
North/South
Thence North 00 degrees 34'46" East, 877.66 feet along a
line parallel with said North/South midsection line and
also the West boundary of said Danbury Fair Subdivision
No; 4 to a point on the South line of the lands owned by
Elnora L. Johnson, as shown in the recorded warranty
deed, Instrument No. 733586;
Thence continuing North 00 degrees 34' 46" East 182.24
feet (formerly North, 140.00 feet as shown in said deed
Instrument No. 733586) along the West line of the
Danbury Fair Subdivision No.5 and along a line parallel
with and 301.00 feet Easterly of the midsection line of
said Section 7 to a point on the Northerly line of the
Southwest ~ of the Northwest ~ of the Northeast ~ of
said Section 7 and the Northwest corner of said Danbury
Fair Subdivision No.5;
Thence North 89 degrees 42' 37" West 301.00 feet
(formerly West, 301.00 feet as shown in said deed
Instrument No. 733586) along said Northerly line of the
Southwest ~ of the Northwest ~ of the Northeast ~ to the
Northwest corner of said Southwest ~ of the Northwest ~
of the Northeast ~ of Section 7;
Special Conditions
DEVELOPMENT AGREEMENT
STERLING CREEK SUBDMSION
EXHffiIT B
PAGE. 16
6.
7.
8.
9.
8/10/98
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
MOORE OR LESS. INC.. AND RONALD L. CROW
This subdivision is for Ð. lots with an overall density of 3.0 dwelling units per acre.
DEVELOPERS shall:
The
I.
Construct a non-combustible fence along Five Mile Creek outside existing Nampa-
Meridian Irrigation District easement/right-of-way prior to obtaining building permits.
2.
Provide permanent perimeter fencing prior to obtaining building permits, except where the
City has agreed in writing that such fencing is not necessary.
3.
Tile all ditches, canals and waterways, including those that are property boundaries or only
partially located on the property, unless downstream water users and the irrigation district
determine they can be abandoned or a variance is granted by the City; Five Mile Creek is
excluded from this requirement.
4.
Extend and construct water and sewer line extensions to serve the property and connect to
Meridian water and sewer lines, as well as extending and constructing water and sewer
line extensions through the property.
5.
Construct curbs, gutters, sidewalks and streets to and within the property.
Pay any development, impact or transfer fee adopted by the CITY
Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and
meet the Ordinances of the CITY.
Construct and install pressurized irrigation to all lots within this subdivision prior to
obtaining building permits,
Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C.
EXHIBIT "B"
STERLING CREEK SUBDIVISION
Rev. 8/10/98
Page I of2
EXHIBITC
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT
STERLING CREEK SUBDIVISION
PAGE
17
; ;
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
RON CROW
APPLICATION FOR ANNEXATION AND ZONING
ELVIRA SUBDIVISION
650 FEET SOUTH OF FAIRVIEW AVE., WEST OF DANBURY FAIR
SUBDIVISION NO.4
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for public hearing on October 14,1997, at the hour of 7:00
o'clock p.m., the Applicant, appearing through his representative,
Gary Lee,
the Planning and Zoning Conunission of the City of
Meridian having duly considered the evidence and the matter makes
the following Findings of Fact and Conclusions of Law:
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 October 14, 1997, the
first publication of which was fifteen (15) days prior to said
hearing; that the matter was duly considered at the October 14,
1997,
hearing; that the public was given full opportunity to
express conunents and submit ev~dence; and that copies of all
notices were available to newspaper, radio and television stations.
2.
The property included in the application for annexation
and zoning is described in the application, and by this reference
is incorporated herein as if set forth in full.
The property is
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1
ANNEXATION AND ZONING - ELVIRA SUBDIVISIúN/RON CROW
Finalized 10-24-97
approximately 10.85 acres in size.
3.
The Applicant is not the record owner of the property;
however, the record owners, Ruth Crow and Elnora Johnson, have
consented to this application of the Applicant.
4.
The property is presently zoned by Ada County as RT, and
is currently vacant, as it has been out of agricultural use for
some time.
The Applicant requests the property be zoned R-8,
Medium Density Residential District.
The Applicant has requested
the annexation and this zoning, and the application is not at the
request of the City of Meridian.
5.
The
Applicant
intends
to
develop
a
Planned
Unit
Development, Elvira Subdivision, containing 3.78 single family lots
per acre.
The project will consist of 33 standard single-family
lots, 8 single-family townhouse lots, plus 6 common lots.
The
residential subdivision lots will vary in size from approximately
6,500 square feet to 14,000 square feet.
The townhouse lots will
range from 3,477 square feet to 5,500 square feet.
6.
The property is located 650 feet south of E. Fairview
Ave.,
west of Danbury Fair Subdivision No.
4,
and north of
Catherine Park Subdivision.
The parcel is contiguous to the city
limits of the City of Meridian.
7.
At the public Hearing, the Applicant's representative,
Gary
Lee,
testified
substantially
as
follows.
The
Elvira
Subdivision consists of 33 single family residential lots.
They
range in size between 6500 and 14,000 square feet.
The development
FINDINGS OF FACT AND CONCLUSIONS OF I~W - PAGE 2
ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW
Finalized 10-24-97
will also include 8 townhouse lots ranging in size from about 3400
square feet to 5500 square feet.
There will be 6 common lots
scattered throughout the development.
The overall site density on
this 10.84 acre paréel is about 3.8 units per acre, a little bit
less than four. The project is located south of Fairview Avenue
about 650 feet and West of Danbury Fair Subdivision.
The Five Mile
Creek traverses through the property and it is a designated area
for future pathways.
There is an existing farm bridge that crosses
the Five Mile Creek Drainage at the south boundary that will either
be updated or replaced for pedestrian access.
To the east side,
which is Danbury Fair Subdivision, there are a couple of connection
points for pedestrian pathways.
The Applicant has no concerns
about the staff comments,
except item number 1 .
There is an
existing
sewer
line
on
Cathy
Street
that
will
have
to
be
accommodated by Applicant.
The typical corridor would be the west
side of centerline, but in this case it is going to have to be on
the east because of its present location, and the details can be
worked out with the City Engineer.
The conditional use permit
portion of the Application is for a planned unit development to
allow for the 8 townhouse units situated along the southwest side
of the property.
The townhouse lots are fairly narrow, but they
The developer/owner thinks it would be best to
are very deep.
leave it up to potential buyers to build either 2 storys or single
story townhouses, and the lots are deep enough to give flexibility
for that.
The lots are approximately 28 ~ feet wide on the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3
ANNEXATION AND ZONING - ELVIRA dUBDIVISION/RON CROW
Finalized 10-24-97
average, which is enough room for a duplex unit.
8.
In response to questions by Commissioner Borup,
the
Applicant's representative, Mr. Gary Lee, responded substantially
as follows.
The ACHD comment on the extension of Carlton Ave. is
a possibility for the future, but it is unknown at this time if it
will be extended.
The Applicant does not know the condition of the
property to the south, but the Applicant did look at a turnaround
at the end of the townhouse parcels with room for a turn around and
only 2 or 3 lots.
As to the setback on the last unit, the
Applicant would like to see, if that is going to be imposed, a
setback from a turnaround in lieu of going all the way through
Cathy Lane which is private.
The right of way currently ends at
the end of Carlton on the west boundary.
Five Mile Creek will not
have a greenbelt constructed along it, but the Applicant will grant
an easement to the City of Meridian so that it can construct the
greenbelt at a later date.
repaired, however.
The footbridge will be updated and
9.
Commissioner Smith commented that he believes single
family homes instead of townhomes belong on Block
1
of the
development and that the townhomes would more appropriately be
located in Block 2 next to existing apartments.
He believes the
Applicant perhaps didn't want to extend Carlton Ave., and Block 1
was just left over, so they plunked townhomes down there.
He would
like to see single family homes in Block 1 with Carlton Ave.
extended.
In response, Mr. Lee testified that the Applicant has
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4
ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW
Finalized 10-24-97
looked at doing that, and from a transitional standpoint, it does
make more sense to put the townhouses by the existing apartment
complex, but the lots don't have the depth needed and the private
driveway works bettèr for the townhomes.
10.
In response to questions by Commissioner MacCoy, Mr. Lee
testified substantially as follows.
The Applicant does not believe
that 3.78 is very high density and the plan uses the property most
efficiently
and
pleases
the
landowner,
as
the
Applicant
is
interested in building townhouses.
11.
In response to questions by Commissioner Smith, Mr. Lee
testified that the Applicant has talked with the landowner to the
south, but the landowner has not said how he plans to use or
develop the property to the south.
In response, Commissioner Smith
said he is not opposed to the townhouses per se, but he believes
they would be better placed next to the existing apartment complex
and if the property to the south were infilled, his idea would
work.
12.
In response to further questions by Commissioner Borup,
Mr. Lee testified substantially as follows.
West of the townhouses
are
older
residences,
and
the
whole
neighborhood
around
the
proposed development is a mix of mostly older homes and some
townhouses.
13.
D.R. Lynn testified substantially as follows.
She is the
sole owner of Cathy Lane and lives in a two story home there.
She
intended to build her retirement home there, on lot 7, 1184 Cathy
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5
ANNEXATION AND ZONIN'; - ELVIRA SUBDIVISION/RON CROW
Finalized 10-24-97 '
Lane, but when she learned of the proposed use of the adjoining
property, she changed her mind and would like to sell Cathy Lane.
She would like to offer it to Mr. Crow, the Applicant, for her cost
of construction and õn the. condition that it would be maintained by
Ada County and that she can have two years to sell the house she's
in and move into the stairless one on lot 7 before the streets are
connected.
She wants as little traffic on Cathy Lane as possible.
14.
Responding to questions by Commissioner Smith, Ms. Lynn
testified that Cathy Lane is accessed off State Street, it is only
30 feet wide, and the County will not maintain it because it has to
be 60 feet wide for them to take it and maintain it.
Cathy Lane
stops a long way short of Washington Ave.
15.
In response to questions by Commissioner Borup, Ms. Lynn
testified that Cathy Lane is not accessible from the proposed
project, but she is testifying to clarify that it will not be
accessible because she has had pressure to make it accessible.
16.
Mr. H.L. Rich testified substantially as follows.
He
lives at the dead end of Carlton Ave. and would like to see single
family homes on Block 1 of the proposed development instead of
townhomes.
Also, when Cathy Lane was originally developed, there
was an agreement that there would be no two story homes, only one.
He has talked to the Applicant about how much better it would look
and how property values would be maintained if only single story
homes are built, and the townhouses should be moved to the other
side of Washington.
He is also concerned about increased traffic
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6
ANNEXATION AND ~ONING - ELVIRA SUBDIVISION/RON CROW
Finalized 10-24-97
to the area and more children in the area with the additional
housing.
He would like to see the Applicant construct a chain link
fence the whole length of the property line instead of wood like
the one that now exists by adjacent apartments.
project's use of two story homes and townhouses.
He opposes the
17.
Barbara Smith testified substantially as follows.
She is
concerned about increased traffic with this development and doesn't
want her view of an old barn to be townhouses.
If there are
townhouses, she wants something to block the view of them and she
wants the end of Cathy Lane blocked off to prevent more traffic.
18.
Gerda Dwyer testified substantially as follows.
She does
not oppose the project,
but doesn't want two story homes
or
townhouses built.
She represents herself, her husband, and her
street, Crossbill Court.
Also, there are more entrances needed
because there are only two.
19.
Andrew Condon testified substantially as follows.
He has
a twenty foot easement at the back of his property that abuts the
proposed development and he would like to see a pathway on the
easement.
He wants only single level dwellings and more access
roads.
He would also
like the
fence continued up past
his-
property.
In response, the City Engineer, Gary Smith, commented
that the current easement is a sewer easement.
In response to a
question by Commissioner Nelson, Mr. Condon testified that he does
not want townhouses put in because all of Danbury Fair is one story
dwellings and townhouses make property values go down.
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ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROw
Finalized 10-24-97
20.
Mary Rich testified substantially as follows.
Ber
neighborhood is nice and the two story townhouses already there are
not maintained the way she thinks they should be and look like low
income
housing
and
she
doesn't
want
more
of
that
in
her
neighborhood.
In response to a question by Commissioner Johnson,
Ms. Rich testified that she doesn't want multi-family dwellings and
there will be too many people and too much traffic.
21.
Mr. Lee continued his testimony substantially as follows.
The market for these homes will be the smaller home as Danbury Fair
has been.
There are already apartments allover this neighborhood.
There are 3 lots of homes with a square footage of 1001, 4 with
1101 square feet, 8 with 1201, and 18 with.1301.
The 8 townhouses
are 800 square feet.
The Applicant wants to keep the option open
for larger 2 story homes to be built on the lots, but the market
will dictate the home size.
Also, the townhomes will be for sale
and there will be a pride of ownership just like a single family
dwelling.
The Applicant has complied with ACHD requirements on
access and has made provision for the extension of Badley.
There
will be a landscape buffer between Cathy Lane and the private
drive.
22.
In response to questioning by Commissioner Borup, Mr. Lee
testified that there is no plan for access to Cathy Lane and there
is no need for it.
As
far. as ACHD' s recommendation for a
pedestrian pathway over the 20 foot sewer easement, he doesn't have
a comment to that effect from Meridian staff.
Also, a 25 foot
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGR 8
ANNEAATION AND ZONING - ELVIRA SUBDIVISION!RGN CROW
Finalized 10-24-97
setback between the townhouses and other subdivision is a good idea
and can be added to the restrictive covenants.
23.
Commissioner Smith commented that townhouses
do not
belong on this partiõular block and maybe this portion shouldn't be
developed until Carlton is extended and a better plan is developed.
24.
In response to a question by Commissioner Borup, Mr. Lee
testified that there is one maybe two lots to the south.
25.
Gerda Dwyer testified that townhouses look funny there,
would destroy the beauty of Meridian, and people would come and go
too much,
so they would be run down .
Also,. traffic is too
congested and there will be no access in an emergency, which may
result in someone getting killed.
She does not think that just
because people have money they should be able to put in whatever
they want.
She pays her taxes and supports the community and only
wants single homes there.
26.
Barb Smith testified that just because the townhomes are
for sale doesn't mean they won't be used as rentals.
Commissioner
Johnson responded that it doesn't mean they will become rentals
either.
27.
The Assistant to the City Engineer, Bruce. Freckleton, and
the Planning and Zoning Administrator,
Shari Stiles,
submitted
general
comments
and
site
specific
comments.
Their
general
comments and site specific co~ents are incorporated herein as if
set forth in full.
Their general comments included the following:
a.
Any existing irrigation/drainage ditches crossing the
property to be included in this project, shall be tiled
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9
ANNEXATION AND ZONING - ELVIRA SUBDiVISION/RON CROW
Finalized 10-24-97
g.
h.
b.
per City Ordinance 11-9-605.M. Five Mile Creek is
specifically excluded from the tiling requirement. Plans
shall be approved by the appropriate irrigation/drainage
district, or lateral users association, with written
confirmation of said approval submitted to the Public
Works Dep~rtment.
Any existing domestic wells and/or septic systems
within this project will have to be removed from their
domestic service per City Ordinance Section 5-7-517.
Wells may be used for non-domestic purposes such as
landscape irrigation.
c.
The Applicant is to determine the seasonal high
groundwater elevation, and submit a profile of the
subsurface soil conditions as prepared by a soil
scientist with street development plans.
d.
The Applicant is to provide five-foot-wide sidewalks in
accordance with City Ordinance Section 11-9-606.B.
e.
Water service to this development is contingent upon
positive results from a hydraulic analysis by our
computer model.
f.
The Applicant is to submit a letter from the Ada County
Street Name Committee, approving the subdivision and
street names. The Applicant must make any corrections
necessary to conform.
The Applicant is to coordinate fire hydrant placement
with the Meridian Public Works Department.
The Applicant is to respond, in writing, to each of the
comments contained in this memorandum and submit to the
City Clerk's office prior to the hearing date.
Their site specific comments included the following:
a.
Sanitary sewer service to this site could be via service
line taps into the existing City of Meridian trunk lines
which pass through the property, or from extensions from
the existing trunk line system. Approval of this
application needs to be contingent upon our ability to
accept the additional sanitary sewage generated by this
proposed development. The Applicant will be responsible
to construct the sewer mains to and through this proposed
development. The subdivision designer is to coordinate
main sizing and routing with the Public Works Department.
Sewer manholes are to be provided to keep the sewer lines
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 10
ANNEXATION AND ZONING - ELVInA SUBDIVISION/RON CROW
Finalized 10-24-97
e.
f.
g.
h.
on the south and west sides of centerline.
b.
Water service to this site could be via extensions of
existing mains installed in adjacent developments. The
Applicant will be responsible for constructing the
water mains to and through this proposed development.
The subdivlsion designer is to coordinate main sizing and
routing with the Public Works Department.
The conceptual engineering plan submitted with the
application indicates that this development's pressurized
irrigation system is going to connect to the existing
system in the Danbury Fair Subdivision. The pressurized
irrigation system in the Danbury Fair Subdivision is
owned and maintained by the Nampa & Meridian Irrigation
District. Any proposal for a supplementary connection
from the City's water system will need to be reviewed
closely due to the size of the area to be watered. The
Developer shall be responsible for the payment of
assessment and meter fees associated with said
supplementary connection.
c.
d.
One-hundred-watt, high-pressure sodium streetlights will
be required at locations designated by the Public Works
Department. All streetlights shall be installed at the
subdivider's expense. Typical locations are at street
intersections and/or fire hydrants.
A detailed landscape plan for the conunon areas, including
fencing locations and types of construction, shall be
submitted for review and approval with the submittal of
the final plat map. A letter of credit or cash surety
will be required for the improvements prior to signature
on the final plat.
The Applicant shall construct six-foot-high, permanent,
non-combustible perimeter fencing except where the City
has expressly agreed, in writing, that such fencing is
not necessary. Fencing is to be in place prior to
applying for building permits.
The Applicant shall construct six-foot-high, permanent,
non-combustible fencing on both sides of the easement for
Five Mile Creek. Rear lot lines along Five Mile Creek
shall be set at the existing easement line, unless an
encroachment agreement is granted by the Nampa-Meridian
Irrigation District.
Five Mile Creek is designated as a multiple use pathway
in the Meridian Comprehensive Plan. No encroachment of
FINDINGS OF FACT AND CONCr.USIONS OF LAW - PAGE 11
ANNEXATION AND ZONING - E£VIRA SUBDIVISION/RON CROW
Finalized 10-24-97
k.
1.
m.
the easterly easement boundary should be permitted. It
would be desirable if landscaping could be completed by
the individual homeowners on the western side of Five
Mile Creek (similar to Running Brook Estates and Meridian
Green Subdivision) in lieu of fencing. If this is not
feasible, jencing on the western side of Five Mile Creek
should be placed a minimum of five feet from the top of
bank to prevent inherent problems associated with eroding
slopes.
i.
A development agreement is required for this project, as
a condition of annexation of the property.
The preliminary plat indicates that the existing
agricultural bridge crossing the Five Mile Creek shall
remain as a pedestrian access. This bridge is an old
dilapidated railroad flat car frame. At this time, there
isn't even any decking across the top of it. The
developer shall replace or upgrade the pedestrian access
bridge, including providing decking and handrails. The
bridge should also be brought up to an elevation that
would be even with the access path. The location of this
existing bridge coincides with the conunon drainage lot in
Danbury Subdivision No.5, which could easily provide an
inter-neighborhood connection. The existing 30-foot-wide
right-of-way for E. Washington Avenue will be maintained
as public right-of-way for pedestrian access to Five Mile
Creek.
j.
There are several ditches crossing the property; however,
the conceptual engineering plan doesn't show how they
will be treated. The Applicant will revise the plan to
show all proposed piping of irrigation/drainage ditches,
or show that they are to be abandoned in place.
Compaction test results must be submitted to the Meridian
Building Department for all lots impacted by the filling
of said ditches.
Applicant proposes 42-foot-wide streets in portions of
the development. Ada County Highway District has agreed
to a 42-foot-wide right-of-way in cases where the streets
are non-continuous.
A 20-foot-wide private drive to access eight townhouse
units is proposed paralleling Cathy Lane, a substandard
private road to the east. Between Cathy Lane and the
private drive, an eight-foot-wide landscaped strip is
proposed. To provide adequate room for emergency vehicle
access and turnarounds, a portion of the landscape strip
at the end of the private drive should not be
FINDINGS OF FACT A}ID CONCLUSIONS OF LAW - PAGE 12
ANNEXATION AND ZO~ING - ELVIRA SUBDIVISION/RON CROW
Finalized 10-24-97
n.
o.
p.
q.
constructed to allow access to Cathy Lane. The Applicant
shall coordinate with the Meridian Fire Department and
comply with their requirements.
Although the configuration of Lot 9, Block I, would
provide added privacy and traffic calming for the units
on the prIvate lane, staff has concerns about how well
this will work.. Due to the low number of vehicle trips
per day anticipated in this area, this may not be a
significant issue.
No sanitary sewer easement for the existing sewer line in
Cathy Lane is shown on the preliminary plat map.
Applicant is to verify if an easement exists for the
line. If no such easement exists, the Applicant will
need to obtain easements to allow connection to existing
sewer and water lines in the lane.
The Applicant will revise the legend to include all
easements and symbols shown on the plat.
The preliminary plat map seems to indicate that Carlton
Avenue extends further east from its existing constructed
terminus. Our records indicate the right-of-way ends a
the westerly boundary of the proposed development.
Please verify and revise map as needed.
r.
A portion of Cathy street is proposed to be constructed
within the Five Mile Creek easement and would be
immediately adjacent to the top of bank of the Creek.
Appropriate traffic/pedestrian safety devices will need
to be installed along this section, as well as for the
roadway crossing of Five Mile Creek. Pedestrian walkways
and railings will be needed on the bridge.
Proposals for Planned unit Developments must include a
minimum of ten percent common area. Provided the
easement of Five Mile Creek is considered to meet the
requirements for common area by the P&Z Commission and
Council, this development would exceed that requirement.
s.
t.
This infill project will require special design
consideration in order for the property to be reasonably
developed. Even though a zoning of R-8 has been
requested, the resultant gross density is less than 4 per
acre.
28.
The Applicant's representative, Gary Lee, responded in
writing to the general and site specific comments of the Assistant
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 13
ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW
Finalized 10-24-97
to the City Engineer and the Planning and Zoning Administrator
This responsive letter is
through a letter dated October 6, 1997.
incorporated herein as if set forth in full.
Mr. Lee's responses
to the General commènts included the following:
a.
b.
c.
d.
e.
g.
There are no irrigation or drainage ditches on the site
that will require piping, except those shown on Sheet 2
of the preliminary plat.
Any existing wells and septic tanks will be removed from
service that may be situated on the property. However,
there are no known wells or septic tanks on this parcel.
A groundwater level monitoring program is in progress.
The depth of the water level is being measured by J-U-B
on a weekly basis. The peak groundwater level will be
determined later this fall. Water level data and soils
profiles will be submitted with the final improvement
plans.
Five-foot sidewalks are planned for this development as
shown on the Conceptual Engineering Plan, Sheet 2.
f.
The developer hereby requests that the City notify him
immediately if there is a lack of domestic and fire water
capacity for this development.
The Ada County Street Name Committee approval letter will
be submitted once received.
The fire hydrant placements are show~ on the Engineering
Concept Plan, Sheet 2. We hereby request that the City
Staff review these placements and comment on their
positions.
h.
This letter shall act as our response to the City Staff's
General and Site Specific Comments. Ten copies of the
revised preliminary plat are included with this letter.
Mr. Lee's responses to the Site specific comments included the
following:
a.
The Engineering Concept Plan, Sheet 2, shows the proposed
sanitary sewer line connections. The developer hereby
requests that the City notify him immediately if there is
a lack of wastewater treatment plant capacity for this
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 14
ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW
Finalized 10-24-97
b.
c.
d.
development. Main-line sizing shall be 8" throughout
with the sewer mains situated in the south and west
corridors as shown on the Concept Plan. However, due to
the location of an existinq North-South sewer main along
Cathy Street, we hereby request that the City Public
Works Department approve the location of the main to be
situated ålong the eastern side of the street. The
street was placed here because of the deep lot depths
along the west side.
The Engineering Concept Plan, Sheet 2, shows the proposed
waterline connections at two locations adjacent to the
development. The main-line sizing will be determined
based upon hydraulic capacity. We hereby request that
the City staff review their hydraulic model so that the
Elvira Subdivision pipeline sizes can be determined. All
waterlines are shown on said Concept Plan to be situated
within the north and east corridors, except the waterline
within Cathy Street. Again, due to the location of the
existing sanitary sewer, we hereby request that the City
grant a waiver on the location of the waterline along
this street.
J-U-B will coordinate the extension of the pressurized
irrigation system from Danbury Fair into this
subdivision. Also, a secondary water source will be
reviewed with NMID and the City during final irrigation
system design.
Streetlights are shown on the Conceptual Engineering
Plan, Sheet 2. We hereby request that the Public Works
Department review said locations and make any
modifications as may be required.
e.
A common area landscape plan will be prepared and
submitted with the Final Plat and Final Improvement
Plans. Also, a fencing plan will be prepared and
submitted with the Final Plat. The developer will
submit surety instruments during the final plat signature
stage.
Fencing exists around most of the property perimeter. A
chain link fence is planned along Five Mile Creek. We
hereby request that the City accept the existing fencing
systems as are in place at this time. Or identify which
areas need to be replaced.
f.
g.
A license agreement will be requested from NMID to allow
the fencing to be placed along the Five Mile Creek and
will be situated as follows: (1) The fence will be placed
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 15
ANNEXATION AND ZONING - EL.IRA SUBDIVISION/RON CROW
Finalized 10-24-97
five feet west of the western bank of the creek bank; and
(2) The fence will be placed 20 feet east of the eastern
bank of the creek.
h.
A pathway is shown along the eastern side of Five Mile
Creek. The creek will be fenced as identified in Item 7
above. However, the developer may consider your proposal
not to install fencing along the western side of Five
Mile Creek.
i.
please submit the development agreement to J-U-B for
review once it is prepared.
j.
The condition of the pedestrian bridge will be evaluated
at time of final improvement plan preparation. Either
the bridge will be renovated, or a new pedestrian bridge
will be constructed.
k.
The Engineering Concept Plan, Sheet 2 of the preliminary
plat, shows that the Adkins drain will be tiled. Other
small ditches on the site will be abandoned. The
conceptual engineering plan has been revised to show the
abandonment of these existing ditches. If fill is
greater than two feet, where a building foundation will
be placed, structural fill will be placed and compaction
tests taken.
1.
The landscape buffer will be shortened to allow for
emergency vehicle access at the southern end of the
private driveway know as Lot 1 of Block 1. The width of
this access will be coordinated with the Meridian Fire
Department during final improvement plan preparation.
There is some flexibility in the design of Lot 9 Block 1.
The shape of the driveway approach can be modified.
Please let me know what the Staff concerns are.
m.
n.
A City Sewer and Waterline are located within Cathy Lane.
The improvement plans for Catherine Park Subdivision show
the construction of the sewer and waterline with services
to each lot. Also, these plans show sewer and water
services to be constructed into the Crow property for
future lots (four sewer services and two double water
services). We have assumed that the City has some sort
of easement for these facilities. If not, the City
likely has prescriptive rights. The City Attorney should
be consulted to determine what sewer and water easement
rights may exist, if not of record. We will check the
county records to see if an official easement document
was recorded when the City approved the plat of Catherine
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 16
ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW
Finalized 10-24-97
o.
p.
q.
r.
29.
Irrigation
Park Subdivision.
The preliminary plat legend has been amended per the
enclosed drawings.
East Carlton Avenue does not extend to Cathy Lane.
preliminary plat has been modified.
The guardrail and fence designs along Cathy Street and
the bridge crossing East Badley Avenue will be prepared
during final improvements plan preparation in accordance
with ACHD requirements.
The
We have assumed that the Five Mile Creek
pathway/greenbelt will be used in the calculation of the
10% landscape rule. Please advise us if this is not the
case.
The Meridian Police Department, the Nampa & Meridian
District,
and
Central
District
Health
submitted
comments, which respective comments are incorporated herein as if
set forth in full.
30.
The Meridian Fire Department submitted comments that all
common lots will need to be kept clear of trash and weeds, and that
they don't like the shape of lots and the private driveway for Lots
1115 and H6.
in full.
31.
Its comments are incorporated herein as if set forth
The
Meridian
Water
submitted
Department
coIl1IJ\ents,
including the comment that it recommends that a Boo water line be
installed in the subdivision.
Also, that they feel that the water
line on Cathy Lane should be connected for a second source and that
plan review will be done when the water plans are received.
Its
comments are incorporated herein.
32.
The Idaho Power company submitted the comment that 10-
FIND!NGS OF FACT AND CONCLUSIONS OF LAW - PAGE 17
ANNEXATION AND ~ONING - ELVIRA SUBDIVISION/RON CROW
Finalized 10-24-97
foot wide public utilities easements are required along all lots
adjacent to a road right-of-way dedicated to public or private use.
Its comments are incorporated herein.
33.
The Ada County Highway District has or may hereafter
submit comments.
Its submitted comments, if any, are incorporated
herein as
if
set
forth
in
full,
and
its
comments
hereafter
submitted shall be incorporated herein as if set forth in full when
submitted.
34.
There were also comments by Tony Stopello by way of
correspondence directed to the City of Meridian Planning and Zoning
Commission, dated October 9,
1997.
Bis letter is incorporated
herein as if set forth in full.
Mr.
Stopello's comments are
substantially
as
follows.
He
owns
two duplexes
at
5th
and
Washington streets.
Be is opposed to the opening of Washington
Ave., there are high density structures there now,
there is a
school bus pickup on the corner of 5th and Washington, and between
2 1/2 street to 5th street and on Carlton Ave., it is very narrow.
The
whole
project
lacks
access.
Be
opposes
the
two
story
townhouses because this is zoned for single story buildings and
privacy
would
be
destroyed.
Additionally,
if
single
story
structures are allowed, he would like a chain link fence similar to
the one north of his property separating the large apartment
complex from his with privacy. inserts.
dense.
The development is too
35.
There were no other comments by the public regarding this
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 18
ANNEXATIO~ AND ZONING - ELVIRA SUBDIVISION/RON CRœ/
Finalized 10-24-97
application.
36.
The property is adjacent and abutting the present city
limits of the City of Meridian.
37.
The property which is the subject of this application is
within the Area of Impact of the City of Meridian.
38.
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.
39.
In the Comprehensive Plan property inside the Urban
Service Planning Area may be developed at greater densities than
one dwelling unit per acre.
40.
In the Meridian Comprehensive Plan under LAND USE, Rural
Areas, Section 6.3 provides that land in agricultural acti vi ty
should so remain in agricultural activity until urban services can
be provided.
See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 29.
41.
The
City
of
Meridian
has,
and
is,
experiencing
a
population increase. There exist pressures on land previously used
for agricultural uses to be developed into residential subdivision
lots.
42.
The property can be physically serviced with City of
Meridian water and sewer if the Applicant extends the lines, and
constructs and installs the necessary equipment and facilities.
43.
The R-8, Medium Density Residential District is described
in the Zoning and Development Ordinance, ll-2~408 B. 4 as follows:
(R-81 Medium Densitv Residential District: The purpose
of the (R-8) District is to permit the establishment of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 19
ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW
Finalized 10-24-97
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 conyers ion 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 of Meridian is required.
44.
Pursuant to the Zoning and Developme~t Ordinance, 11-2-
411 D 2., all new single-family detached housing in the (R-B)
Medium Density Residential District shall be constructed to contain
at least. 1,301 square feet of living space of which the garage is
not included in determining the square footage of living space.
45.
The following pertinent statement is made in the Meridian
Comprehensive Plan under LAND USE, "2. RESIDENTIAL POLICIES 2.1U
Support a variety of residential categories (urban, rural, single-
family,
multi-family,
townhouses,
duplexes,
apartments,
condominiums etc.) for the purpose of providing the City with a
range of affordable housing opportunities."
COMPREHENSIVE PLAN
CITY OF MERIDIAN at page 23.
46.
The following pertinent statement is made in the Meridian
Comprehensive Plan under LAND USE, RURAL AREAS, section 6.3 c.:
Within the Urban Service Planning Area development may
occur in densities as low as 3 dwelling units per acre if
physical connection is made to existing City of Meridian
water and sewer service and the property is platted and
subdivided in accordance with Ada County Zoning and
Subdivision Ordinances Policy. Development density below
three dwelling units per acre may be allowed by
conditional use permit if a cost/benefit analysis
indicates positive impacts to the City of Meridian.
COMPREHENSIVE PLAN CITY OF MERIDIAN at page 29.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - P~GE 20
ANi.~EXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW
Finalized 10-24-97
47.
The following pertinent statement is made in the Meridian
Comprehensive Plan under LAND USE, RURAL AREAS, section 6.4:
Residential development is allowed in the rural areas
provided that said development does not exceed the Rural
Residential AgrIcultural density, unless it is inside the
Urban Service Planning Area and City sewer and water is
provided, when Low, Medium and High density residential
may be considered. All residential development must also
comply with the other appropriate sections of this plan.
COMPREHENSIVE PLAN CITY OF MERIDIAN at page 30.
48.
The
following
pertinent
statements
are made
in
the
Meridian Comprehensive Plan under HOUSING, Housing Policies:
1.1 The City of Meridian intends to provide for a wide
diversity of housing types (single-family, modular,
mobile homes and multi-family arrangements) and choices
between ownership and rental dwelling units for all
income groups in a variety of locations suitable for
residential development.
* * * *
1.3 An open housing market for all persons, regardless
of race, sex, age, religion or ethnic background, shall
be encouraged.
1.4 The development of housing for all income groups
close to employment and shopping centers should be
encouraged.
1.13U Infilling of random vacant lots in substantially
developed, single-family areas should be considered at
densities similar to surrounding development. Increased
densities on random vacant lots should be considered if:
a. The cost of such a parcel of land
development at surrounding densities; or
b. Development of uses other than single-family
structures are compatible with surrounding development.
precludes
COMPREHENSIVE PLAN CITY OF MERIDIAN at pages 67-68.
49.
The City of Meridian has experienced an influx in its
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 21
ANNEXATION AND ZONING - ELVIRA SUBCrVISION/RON CROW
Finalized 10-24-97
population which influx is reasonably anticipated to continue.
The
property borders upon city limits of the City of Meridian, and
economic conditions are making the continuation of farming in the
area difficult.
50.
with regard to this application, Planning and Zoning
Administrator, Shari Stiles, and Assistant to the City Engineer,
Bruce Freckleton, made the specific comment that the annexation of
the property should be conditioned upon a development agreement.
51.
In 1992, the Idaho State Legislature passed amendments to
the Local Planning Act, which included amending Idaho Code Section
67-6513 .
Section 67-6513 provides in part:
Each such ordinance may provide for mitigation of the
effects of subdivision development on the ability of
political subdivisions of the state, including school
districts, to deliver services without compromising
quality of service, delivery to current residents or
imposing substantial additional costs upon current
residents to accommodate the proposed subdivision.
52.
The City of Meridian is concerned with the increase in
its population, and the impact such increase has upon its ability
to provide fire, police, emergency health care, water, sewer, parks
and recreation services to its current residents and to those
moving into the City of Meridian.
The City of Meridian is further
concerned about the impact and burden placed upon the schools of
Meridian School District No.2 resulting from the influx of its
population.
The City of Meridian knows the increase in population
does not sufficiently increase the tax base to offset the costs of
providing fire, police, emergency health care, water, sewer, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 22
ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW
Finalized 10-24-97
parks and recreation services.
The City of Meridian further knows
the increase in population does not provide sufficient tax base to
provide for school services to current and future students.
53.
Pursuant to the instruction, guidance and direction of
the Idaho State Legislature, the City of Meridian may impose either
a development fee or a transfer fee on residential property, which,
if possible, would be retroactive to apply to all residential lots
in the City because of the imperilment to the health, welfare and
safety of its citizens.
54.
Section
11-9-605
C
of
the
Zoning
and
Development
Ordinance provides, "Right-of-way for pedestrian walkways in the
middle of long blocks may be required where necessary to obtain
convenient pedestrian circulation to schools, parks or shopping
areas¡ the pedestrian easement shall be at least ten feet (10')
wide."
55.
Section
11-9-605
G
of
the
Zoning
and
Development
Ordinance provides in part:
Planting strips. . . shall conform to the following:
1.
Plantinq StriDs - Planting strips shall be required
to be placed next to incompatible features such as
highways, railroads, commercial or industrial uses
to screen the view from residential properties.
Such screening shall be a minimum of twenty feet
(20') wide, and shall not be a part of the normal
street right of way or utility easement¡ .
56.
Section
11-9-605
H .of
the
Zoning
and
Development
Ordinance provides in part:
Public sites
following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 23
ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW
Finalized 10-24-97
and
open
spaces
shall
conform
to
the
57.
* * * *
1.
Natural Features - Existing natural features which
add value to residential development and enhance
the attractiveness of the community (such as trees,
watercours.es, historic spots and similar
irreplaceable amenities) shall be preserved in the
design of the subdivision;
Section
11-9-605
of
Zoning
J
the
and
Development
Ordinance provides in pertinent part:
58.
6.
Fences may be erected in all residential and limited
office districts subject to the following:
e. Any developer intending to construct a boundary fence
on the boundaries of a proposed subdivision shall show
the fence on the preliminary plat and shall include with
the preliminary plat the design, placement, height,
specifications and drawing of said fence.
Section
11-9-605
Zoning
of
the
K
and
Development
Ordinance. provides:
The extent and location of lands designed for linear open
space corridors should be determined largely by natural
features and, to a lesser extent, by man-made features
such as utility easements, transportation rights of way
or water rights of way. Landscaping, screening or lineal
open space corridors may be required for the protection
of residential properties from adjacent arterial streets,
waterways, railroad rights of way or other features. As
improved areas (landscaped), semi-improved areas (a
landscaped pathway only), or unimproved areas (left in a
natural stat~), linear open space corridors serve:
1.
2.
3.
4.
5.
To preserve openness;
To interconnect park and open space systems within
rights of way for trails, walkways, bicycle ways;
To playa major role in conserving area scenic and
natural values, especially waterways, drainageways
and natural habitat;
To buffer more intensive adjacent urban land uses;
To enhance local identification within the area due
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 24
ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW
Finalized 10-24-97
to the internal linkages; and
To link residential neighborhoods, park areas and
recreation facilities.
6.
Subdivision plats or development plans shall show the
location of ani lineal open space corridors.
59.
Section
11-9-605
L
of
the
Zoning
and
Development
Ordinance provides:
Bicycle and pedestrian pathways shall be encouraged
within new developments as part of the public right of
way or as separate easements so that an alternate
transportation system (which is distinct and separate
from the automobiles) can be provided throughout the City
Urban Service Planning Area. The Commission and Council
shall consider the Bicvcle-Pedestrian Desiqn Manual for
Ada Countv (as prepared by Ada county [sic] Highway
District) when reviewing bicycle and pedestrian pathway
provisions within developments.
60.
Section
11-9-605
M
of
the
Zoning
and
Development
Ordinance provides in part:
All irrigation ditches, laterals or canals, exclusive of
natural waterways, intersecting, crossing or lying
adjacent and contiguous, or which canals, ditches or
laterals touch either or both sides of the area being
subdivided, shall be covered and enclosed with tiling or
other covering equivalent in ability to detour access to
said ditch, lateral or canal.
61.
Proper notice was given as required by law and all
procedures before the Planning and Zoning Commission and City
Council were given and followed.
CONCLUSIONS OF LAW
1.
All the procedural requirements of the Local Planning Act
and of the Ordinances of the City of Meridian have been met;
including the mailing of notice to owners of property within 300
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 25
ANNEXAT:ON AND ZONING - ELVIRA SUBDIVISION/RON Crl.OW
Finalized 10-24-97
feet of the external boundaries of the Applicant's property.
2.
The City of Meridian has authority to annex land pursuant
to Idaho Code Section 50-222 and Section 11-2-417 of the Revised
and Compiled Ordinañces of the City of Meridian.
The exercise of
the City's annexation authority is a legislative function.
3.
The Planning and Zoning commission has
judged this
annexation and zoning application under Idaho Code Section 50-222,
Title
67,
Chapter
65,
Idaho Code,
Meridian City Ordinances,
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it may take judicial notice.
4.
There has been compliance with all notice and hearing
requirements set forth in Title 67, Chapter 65, Idaho Code, and the
Ordinances of the City of Meridian.
5.
The Commission may take judicial notice of govermnent
ordinances, and policies, and of actual conditions existing within
the City and State.
6.
The land within the proposed annexation is contiguous to
the present city limits of the City of Meridian, and the annexation
would not be a shoestring annexation.
7.
The annexation application has been initiated by the
Applicant, and is not upon the initiation of the City of Meridian.
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 VB. The City of Idaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 26
ANNEXATION AND ZONING - ELVIRA SUBDIVISION/R~N CROW
Finalized 10-24-97
9.
The development of the annexed land, if annexed, shall
meet and comply with the Ordinances of the City of Meridian
including, but not limited to: Section 11-9-616 which pertains to
development time schedules and requirements; Section 11-9-605 M,
which pertains to the piping of ditches; and Section 11-9-606 B
14., which pertains to pressurized irrigation systems.
10.
The development of the property shall be subject to and
controlled by the Zoning and Development Ordinance of the City of
Meridian.
11.
Section
11-2-417
D
of
the
Zoning
and
Development
Ordinance provides in part as follows:
If property is annexed and zoned, the City may require or
permit, as a condition of the zoning, that an owner or
developer make a written commitment concerning the use or
development of the subject property. If a commitment is
required or permitted, it shall be recorded in the office
of the Ada County Recorder and shall take effect upon the
adoption of the ordinance annexing and zoning the
property, or prior if agreed to by the owner of the
parcel.
It is concluded, however, that it is more appropriate to enter into
a development agreement for the development of the property, and
therefore as a condition of annexation, a development agreement
must be entered into prior to development of the property or
issuance of final plat approval.
12.
As a condition of annexation and the zoning of. (R-B)
Medium Density Residential District, the Applicant shall enter into
a development agreement as authorized by 11-2-416 Land 11-2-417 D.
The development agreement shall address, but not limited to, the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 27
ANNEXATION AND ZONING - ELVIRA SUBDIVIdION/RON CROW
Finalized 10-24-97
, , .
following matters:
h.
i.
k.
1.
m.
n.
a.
Inclusion into the development the requirements of
11-9-605 ;
b.
Paym~nt by the Applicant, or if required, any
successors in interest, assigns, heirs, executors
or personal representatives, of any impact,
development, or transfer fee, adopted by the City;
Addressing the property access linkage, screening,
buffering, transitional land uses and traffic
study;
c.
d.
An impact fee, or fees for fire, police, emergency
health care, water, sewer, and parks and recreation
services as determined by the City;
Appropriate berming and landscaping;
e.
f.
Submission and approval of any required plats;
Submission and approval of individual building,
drainage, lighting, parking, and other
developmental plans of the property;
g.
Harmonizing and integrating the site improvements
with the surrounding residential development and
other development;
Addressing and complying with the present general
and site specific comments of and the comments
hereafter made by the Planning and Zoning
Administrator;
j.
Addressing and complying with the present general
and site specific comments of and the comments
hereafter made by the City Engineer and the
Assistant to the City Engineer;
Addressing and complying with the comments and
requirements of the Ada County Highway District;
Addressing and complying with the comments and
requirements of other governmental agencies
submitting comments;
The sewer and water requirements;
Traffic
plans
into
and
and
of
out
access
any
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 28
ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW
Finalized 10-24-97
. , ' ,
o.
development; and
Any other items or matters deemed necessary by the
City Staff, including design review of all
development, and conditional use processing.
13.
As the property is in an area marked as a single family
residential area, the annexation and zoning application is in
conformance with the Rural Area policies.
14.
The development of the property as an
(R-B)
Medium
Density Residential District, as requested by the Applicant, would
be compatible to the development in the surrounding area.
15.
It is therefore concluded that the annexing and zoning of
the property is in the best interest of the City of Meridian, and
it is concluded that the annexation shall be conditioned upon
meeting the requirements of these Findings of Fact and Conclusions
of Law and if they are not met the land may be de-annexed.
16.
The requirements of the Meridian City Engineer, Meridian
Planning and Zoning Administrator, Ada County Highway District,
Central District Health Department, the Nampa & Meridian Irrigation
District, the Meridian Water Department, Idaho Power Company, the
Meridian Fire Department, the Meridian Police Department, and other
governmental agencies shall be met and addressed in a development
agreement.
17.
All ditches, canals, and waterways, except Five Mile
Creek, shall be tiled as a condition of annexation and if not so
tiled, the property shall be subject to de-annexation.
18.
Pressurized
irrigation
shall
be
installed
and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 29
ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW
Finalized 10-24-97
~ . . -'
constructed, and if not so done the property shall be subject to
de-annexation.
19.
The Applicant shall be required to connect the property
to Meridian water añd sewer, extend the water and sewer lines to
serve the property, and resolve how the water and sewer mains will
serve the property, all of which shall be at the Applicant's, or
its successor's, or successors' cost and expense.
Said water and
sewer requirements shall be performed on or before the time that
the Applicant or its successor, or successors desire to use the
property or place a user on the property.
20.
These conditions shall run with the land and bind the
landowner, the Applicant and its, or their, successors in interest,
assigns, heirs, executors or personal representatives.
21.
with
compliance
of
the
conditions
and
requirements
contained herein, the annexation and zoning of the property as (R-
8)
Medium Density Residential
District would be
in the best
interest of the City of Meridian.
22.
If these conditions of approval are not met, the property
shall not be annexed or if already annexed, it shall be de-annexed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 30
ANNEXATION dND ZONING - ELVIRA SUBDIVISION/RON CROW
Finalized 10-24-97
, '.~
APPROVAL OF FIRDINGS OF FACT AND CONCLUSIONS OF LAW
The Planning and Zoning Commission of the City of Meridian
hereby adopts and approves these Findings of Fact and Conclusions
of Law.
ROLL CALL
COMMISSIONER BORUP
COMMISSIONER MACCOY
VOTED ~
VOTED w.. ~
VOTED .~
VOTED ¡:- ~
VOTED
U\I..{tr1-
COMMISSIONER SMITH
COMMISSIONER NELSON
CHAIRMAN JOHNSON (TIE BREAKER)
DECISION AND RECOMMENDATION
The Planning and Zoning Commission hereby recommends that the
property set forth in the application be approved by the City
Council for annexation and zoning under the conditions set forth in
these Findings of Fact and Conclusions of Law, including that the
Applicant or its successors in interest, assigns, heirs, executors
or personal representatives enter into a development agreement;
that if the Applicant is not agreeable with these Findings of Fact
and Conclusions of Law and/or is not agreeable with entering into
a development agreement, the property should not be annexed.
MOTION:
APPROVED :~
11/1...111
DISAPPROVED:
FINDINns OF FACT AND CONCLUSIONS OF LAW - PAGE 31
ANNEX1~ION AND ZONING - ELVIRA SUBDIVISION/RON CROW
Finalized 10-24-97
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of Fact
and Conclusions of Law on this /61..6 day of .:4e~ , 199/7
ROLL CALL
COUNCILMAN MORROW
VOTEDF
::7~~
VOTED
COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
COUNCILMAN TOLSMA
MAYOR CORRIE (TIE BREAKER)
VOTED-
(INITIAL)
APPROVED ~
DISAPPROVED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~ ~:/ .
2 v r~ -- E? vi; é.l s:v b aj/þ ì 'f/h /-'