Sutherland Farm Subdivision AZ 02-004
PARTIES:
1.
2.
3.
4.
5.
ADA CDUNTY RECORDER J. DAVID NAVARRO
BDISE IDAHO 12/02/02 01:51 PM
DEPUTY Bennie Oberbillig
I . RECORDED - REQUEST OF
MERIDIAN CITY
. AMOUNT .00
DO
1111111111111111111111111111111111111
102143307
DEVELOPMŒNTAGREEMENT
City of Meridian
Sulherland Fann, Inc., an Idaho corporation, Owner/Developer
Great Sky, Inc., an Idaho corporation, Owner/Developer
Hill Way, Inc., an Idaho corporation, Qwner/Developer
Shannon's Fine Food & Spirits, a California corporation,
Owner/Developer
THI~EVELOPMENT AGREEMENT (lhis "Agreement"), is made and
entered into lhis~ day of II/ø v t!I'1ßl!f'te , 2002, by and between CITY OF
MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY", and
SUTHERLAND FARM, INC., an Idaho corporation, Great Sky, Inc., an Idaho
corporation, Hill Way, Inc., an Idaho corporation, whose addresses are 3895 Girdner
Lane, Meridian, Idaho 83642, and SHANNON'S FINE FOOD & SPIRITS, a California
corporation, whose address is P.O. Box 1338, San Mateo, California 94401, and all
hereinafter called "OWNERIDEVELOPER".
1.
RECITALS:
1.1
WHEREAS, "Owner/Developer" is lhe 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
1.2
WHEREAS, I.C. §67-651 lA, Idaho Code, provides that cities
may, by ordinance, require or pennit as a condition of re-zoning
lhat lhe "Owner/Developer" make a written commitment
concerning the use or development oflhe 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 armexation and/or re-zoning of
land; and
1.4
WHEREAS, "Owner/Developer" have submitted an application
for armexation and zoning oflhe "Property"described in Exhibit
A, and has requested a designation of (R-4) Low Density
Residential District and (C-G) General Retail and Service
DEVELOPMENT AGREEMENT (AZ-O2-004) - 1
1.5
1.6
1.7
Commercial District, (Municipal Code of the City of Meridian);
and
WHEREAS, "Owner/Developer" made representations at the
public hearings bolh before lhe 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 lhe requested
armexation and zoning designation oflhe subject "Property" held
before the Plarming & Zoning Commission,and subsequently
before the City Council, include responses of government
subdivisions providing services wilhin lhe City of Meridian
plarmingjurisdiction, and received further testimony and comment;
and
WHEREAS, City Council, the t..t6 day of A-v~".s12002, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, se1 forth in Exhibit B, which are attached
hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as (lhe "Findings"); and
1.8
WHEREAS, the "Findings" require the "Owner/Developer" enter
into a development agreement before the City Council takes final
action on armexation and zoning designation; and
1.9
"OWNER/DEVELOPER" deem it to be in its best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and
requests; and
1.10
WHEREAS, "City' requires lhe "Owner/Developer" to enter into
a development agreement for lhe purpose of ensuring lhat the
"Property" is developed and lhe subsequent use of the "Property" is
in accordance wilh lhe tenns and conditions of this development
agreement, herein being established as a result of evidence
received by the "City" in lhe proceedings for annexation and
zoning designation from government subdivisions providing
services within the plarming jurisdiction and from affected property
owners and to ensure armexation and zoning designation is in
DEVELOPMENT AGREEMENT (AZ-O2-004) - 2
accordance wilh lhe Comprehensive Plan of the City of Meridian
adopted December 21,1993, Ordinance #629, January 4,1994, and
the Zoning and Development Ordinances codified in Meridian City
Code Title II and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That lhe above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement lhe following words,
tenns, 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
4.
"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
oflaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
"OWNERIDEVELOPER": means and refers to Sutherland Fann,
Inc., an Idaho corporation, Great Sky, Inc., an Idaho corporation,
Hill Way, Inc., an Idaho corporation, whose addresses are 3895
Girdner Lane, Meridian, Idaho 83642, and Sharmon's Fine Food &
Spirits, a California corporation, whose address is P.O. Box 1338,
San Mateo, California 9440 I, the party developing said "Property"
and shall include any subsequent owner(s)/developer(s) of the
"Property".
3.3
"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 andby this reference
incorporated herein as if set forth at length.
USES PERMITTED BY THIS AGREEMŒNT:
4.1
The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian
DEVELOPMENT AGREEMENT (AZ-O2-004) - 3
City Code Section 11-7-2 (C and K) which are herein specified as
follows:
Development of 308 building lots consisting of 260 single family
detached lots, 32 single-family attached lots, 11 office/multiple
family lots, and five commercial lots, and 30 other lots consisting
of a 4-acre park/pond, a 30' wide pathway adjacent to the Canal,
an irrigation lot, tot lots, and landscaping lots, but the Parks and
Recreation Department has requested that the three remaining
lots in the southeast corner be deleted to allow for the minimum
5-acre park for a city owned Neighborhood Park.
Development shall be consistent with the Meridian
Comprehensive Plan Generalized Lane Use Map which
designates the property as Mixed Residential and Single-Family
Residential, and when a detailed CUP is submitted the applicant
shall go through the planned development for the office uses.
However, the commercial uses north of the Ridenbaugh Canal
are not proposed to be part of the PD and shall be zoned
separately.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMŒNT IN CONDITIONAL USE: "Owner/Developer" is
required to submit to "City" an application for conditional use pennit.
6. CONDITIONS GOVERNING DEVELOPMŒNT OF SUBJECT
PROPERTY:
"Owner/Developer" shall develop the "Property" in accordance with lhe following
special conditions:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. Essential City services are available to the subject property.
2. Remove any existing domestic wells and/or septic systems within this project
from their domestic service per City Ordinance Section 5-7-517. Wells maybe
used for non-domestic purposes such as landscape irrigation.
DEVELOPMENT AGREEMENT (AZ-O2-004) - 4
Adopt the Recommendations of the ACHD as follows:
1. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the
parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building pennit (or other required permits), whichever occurs first.
2. Dedicate 48-feet of right-of-way from the centerline of Victory Road abutting the
parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling lhe fmal plat for signature by lhe ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
3. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-feet
within the new right-of-way. Coordinate the location and elevation of the
sidewalk with District staff. If the sidewalk meanders outside of the right-of-way,
provide an easement for lhe sidewalk.
4. Construct a 5-foot wide detached concrete sidewalk on Victory Road located 2-
feet within the new right-of-way. Coordinate the location and elevation of the
sidewalk with District staff. Iflhe sidewalk meanders outside of the right-of-way,
provide an easement for the sidewalk.
5. Construct a center turn lane on Eagle Road for lhe East Easy Jet Drive intersection
or road trust for the improvements, whichever should occur first. The turn lane
shall be constructed to provide a minimum of 100- feet of storage wilh shadow
tapers for both lhe approach and departure directions. Coordinate the design of
the turn lane with District staff.
6. Construct a center turn lane on Eagle Road or road trust for the improvements,
whichever should occur first for the proposed shared driveway located on Eagle
Road approximately 300-feet south of the north property line. The turn lane shall
be constructed to provide a minimum of 100- feet of storage with shadow tapers
for bolh lhe approach and departure directions. Coordinate lhe design of the turn
lane with District staff.
7. Construct a center turn lane on Eagle Road for lhe East Copper Point Way
intersection or road trust for the improvements, whichever should occur first. The
turn lane shall be constructed to provide a minimum of 100- feet of storage with
DEVELOPMENT AGREEMENT (AZ-O2-004) - 5
shadow tapers for both the approach and departure directions. Coordinate the
design of the turn lane with District staff.
8. Construct a shared-driveway on Eagle Road for Lot 3, Block 2 and Lot 4, Block 2,
as proposed. This proposed shared-driveway is located on Eagle Road
approximately 300-feet south of the north property line. This proposed driveway
meets District policy and is approved with this application.
9. Pave the driveway on Eagle Road that serves Lot 3, Block 2 and Lot 4, Block 2 its
full width of 30 to 35-feet and at least 30-feet into the site beyond the edge of
pavement of Eagle Road and install pavement tapers with 15-foot radii abutting
the existing roadway edge.
10. Construct two main entrances to the subdivision, as proposed. The proposed main
entrance locations meet current District policy and are approved with this
application.
a. East Easy Jet Drive is proposed to be located on Eagle Road
approximately 850-feet south of the north property line and is proposed to
align with Easy Jet Drive. East Easy Jet Drive shall be designed with 21-
foot street sections on either side of a center median. The median shall be
constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a
minimum ofa 100-square foot area. The applicant will be required to
dedicate 54-feet of right-of-way plus the additional widthofthe median.
b. South Bay Star Way is proposed to be located on Victory Road
approximately 800-feet east of Eagle Road. South Bay Star Way shall be
designed with 21-foot street sections on either side of a center median.
The median shall be constructed a minimum of 4-feet wide (maximum 12-
feet wide) to total a minimum of a 1O0-square foot area. The applicant
will be required to dedicate 54-feet of right-of-way plus the additional
width of the median.
c. Construct Easy Jet Drive west of South Nephrite Way as a commercial /
industrial roadway, as proposed. The roadway shall be constructed as a
40-foot street section with curb, gutter, 5-foot wide concrete sidewalk
within 54-feet of right-of-way.
11. Designated Easy Jet Drive between South Nephrite Way and South Proud Way as
a residential collector street with no front-on housing. This roadway shall be
constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete
DEVELOPMENT AGREEMENT (AZ-O2-004) - 6
sidewalks with access restrictions stated on the final plat. Unless otherwise noted,
parking shall be prohibited on these street segments. Coordinate the signage plan
with District staff.
12. Construct a commercial! industrial roadway that intersects East Copper Point
Way approximately I 50-feet east of South Cobblestone Way, as proposed. This
commercial/industrial roadway meets District policy and is approved with this
application. The roadway shall be constructed as a 40-foot street section with
curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right-of-way.
13. Construct all public roads wilhin the subdivision as 36-foot street sections wilh
curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as
proposed.
14. Extend Hollandale Street, an existing stub street into the site at lhe east property
line that is a part of the Muir Woods Subdivision, as proposed. Construct
Hollandale Street as a stub street wilh temporary bollards. A sign shall be placed
on the bollards that states, "this road will become an open connection when a
public road to Overland Road is constructed."
15. Extend Knapp Drive, an existing stub street, into the site at the south property
line, as proposed. Construct Knapp Drive as a stub street wilh temporary bollards.
A sign shall be placed on the bollards that states, "this road will become an open
connection when a public road to Overland Road is constructed."
16. Construct five stub streets, as proposed.
. The first stub street, Soulh Pond Way, is proposed to stub to lhe soulh
property line approximately 1900-feet east of Eagle Road.
. The second stub street, South Mueyah Way, is proposed to stub to the
south property line approximately 500-feet east of Eagle Road.
. The third stub street, East Publisher Street, is proposed to stub to the west
property line approximately 730-feet north of Victory Road.
. The fourth stub street, North Knapp Avenue is proposed to stub to the
north property line approximately I,OOO-feet oflhe east property line.
This stub street is proposed to cross the Ridenbaugh Canal.
DEVELOPMENT AGREEMENT (AZ-O2-004) - 7
. The fifth stub street, East Copper Point Way is proposed to remain as a
stub at lhe north property line approximately 1,250-feet west ofthe east
property line.
1-1
17. Provide a paved temporary turnaround at the end of South ).r'ureyah Way with a
temporary easement provided to lhe District and install a sign at the terminus of
the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE". Coordinate the sign plan for the stub street, and the design of the
turnaround with District staff.
18. Submit preliminary drawings for the cost of constructing the bridge from
Sutherland Fanns to the North property line. The applicant shall road trust for one
half of the total cost of the plans, material and labor to construct the bridge. The
road trust or the construction of the bridge shall be phased according to final
platting and traffic warrants.
19. Construct North Knapp Avenue as 36-foot street sections with curb, gutter and 5-
foot wide concrete sidewalks. The applicant shall be designated lhis roadway as a
residential collector street with no front-on housing with access restrictions for
lhese street segments stated on lhe final plat. Unless olherwise noted, parking
shall be prohibited on these street segments. Coordinate the signage plan with
District staff.
20. Construct an alley located on South Nephrite Way north of East Rolfe Street, as
proposed. The alley shall have a minimum of 16-feet of right-of-way and shall be
improved by paving the full width and length of the right-of-way. Dedication of
clear title to the right-of-way, improvement ofthe alley, and acceptance of the
improvement by lhe District as meeting its construction standards are required for
all alleys contained in a proposed development.
21. Construct ACHD approved turnarounds at the end of East Shergar Court, East
Moner Court, East Spur Court, South Halo Place, East Hillis Court, East Legal
Place and the unnamed cul-de-sac roadway lhat extends south from East Copper
Point Way. Submit a design oflhe turnaround for review and approval by
District staff.
22. The residential turnarounds shall be constructed to provide a minimum turning
radius of 45-feet and lhe commercial turnarounds shall be constructed to provide a
minimum turning radius of 55-feet. The applicant shall also be required to
provide a minimum of a 29- foot street section on either side of any proposed
center islands within the turnarounds. The medians shall be constructed a
DEVELOPMENT AGREEMENT (AZ-O2-004) - 8
minimum of 4-feet wide to total a minimum of a 1O0-square foot area. Dedicate
54-feet of right-of-way plus the additional width of the median.
23. Any proposed landscape islands/medians within lhe public right-of-way dedicated
by this plat shaH be owned and maintained by a homeowners association. Notes
ofthis shaH be required on the final plat.
24. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during lhe construction of the proposed development.
25. Any existing irrigation facilities shaH be relocated outside of the right-of-way.
26. Utility street cuts in pavement less than five years old are not aHowed unless
approved in writing by lhe District.
27. AH utility relocation costs associated with improving street frontages abutting the
site shaH be borne by the developer.
28. Oilier than the access points specificaHy approved with this application, direct lot
or parcel access to Eagle Road and Victory Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final plat.
29. Comply with aHlhe Standard Requirements listed within the ACHD report with
lhe date of the ACHD Commission Date - May 8, 2002.
Adopt the Recommendations of the Meridian Fire Department as follows:
1. That a fire-flow consistent with Appendix ill-A of the Uniform Fire Code be
provided to service lhe entire project. Fire hydrants shaH be placed an average of
400' apart. 1997 UFC Appendix ill-A
2. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
4. Final approval of the fire hydrant locations shaH be by the Meridian Fire
Department.
DEVELOPMENT AGREEMENT (AZ-O2-004) - 9
5. All internal & external roads shall have a radius of28' inside and 48' outside
radius.
6. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation per section 1103.2.4 oflhe Uniform Fire Code.
7. The roadways shall be built to Ada County Highway Standards.
8. The proposed buildings & uses shall comply with lhe 1997 Uniform Fire Code.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
1. If a pressure urban irrigation system will be owned, operated and maintained by
the District, contact lhe District pertaining to lhe installation ofthe pressure urban
system.
2. Fill out questionnaire and return to the District to initiate lhe process of
contractual agreements between the owner or developer and the District for the
ownership, operation and maintenance of the pressure urban irrigation system.
Adopt the Recommendations ofthe Parks and Recreation Department as follows:
I. The neighborhood park located in Block 1, Lot 54 shall be far more functional and
appealing as a subdivision amenity if the seven lots in the southeast corner were
eliminated. Four of the seven lots have been deleted, and therefore, to allow for
the 5-acre park, lhe three remaining lots in the southeast corner shall need to be
deleted. This would expand lhe visibility corridor and increase the park size to
approximately 5 acres. The Parks Department has a 5-acre minimum for a city
owned Neighborhood Park. If the maintenance costs for the 5-acre private park
were a burden for the homeowners in the future, the Parks Department would
consider maintaining the site if it was deeded to lhe City.
2. The Pathway shall be constructed as follows:
a.
Ten-foot-wide hard surface wilh ground sterilent, 6 inch compacted road
mix, and 2 inches of asphalt (specs available).
Palh shall be located at lhe base oflhe Ridenbaugh Canal bank or adjacent
to the canal maintenance road.
A 6-foot-high medal fence shall be installed between the path and the
canal.
b.
c.
DEVELOPMENT AGREEMENT (AZ-02-004) - 10
f.
The path shall be a minimum of 10feet from the back property lines.
The property line fencing adjacent to the path shall be see through or a
maximum of 4-feet-high, if solid.
Bollards, garbage cans, and benches shall be installed per park department
standards.
d.
e.
Adopt the action of the City Council taken at their July 16, 2002 meeting as follows:
1. The applicant shall restrict the building of homes on Lots 12, 13 and 14 of Block
9 and Lots 5 and 6 of Block 9, and Block 15, Lots 12, 13 and 19, and Block 16,
Lots I, 5, 6, 7, 8,9,10 and 11, not to exceed a peak height of25' or less.
2. The Memorandum of Understanding, dated June 13, 2002, between the developer,
Sulherland Fann, Inc. for Sulherland Fann Subdivision, and Mr. Gale Sasser,
pertaining to the design elements for the interface between the two properties to
ensure compatibility, shall be complied with by Sulherland Fann, Inc. as agreed
upon between the two parties.
3. An 8 foot cedar fence shall be built along the entire length oflhe western and
northern property boundaries.
4. Landscaping shall be extensive with a mixture of evergreen and deciduous trees
and agreed upon between the applicant and adjacent property owners.
5. The applicant shall increase the rear setback of30 feet for Lots 2, 3, 4, 5, 6, 7, and
8 of Block 9.
6. The proposed bridge over lhe Ridenbaugh Canal shall require bonding by ACHD
for construction oflhe bridge prior to signature on lhe final plat. ACHD shall
determine a Letter of Credit amount that the applicant shall post to pay their
portion of the construction ofthe bridge.
7. The site which lies west of the residential area, and the commercial general use
area to the north, shall require conditional use permits.
8. Applicant shall install water along their frontage, and when the water is extended
from Eagle Road through the development, the water shall be used for future
phases, and shall be positioned along lhe public road lhat is plarmed for and when
lhe first phase along Victory Road. The water shall be available to anyone
adjacent to it on eilher end.
DEVELOPMENT AGREEMENT (AZ-02-004) - 11
9. A Latecomers Fee for sewer service through the Silverstone Subdivision is
required, and if required, a Well Development Latecomers Fee shall be entered
into.
10. Applicant shall provide temporary turnarounds for the designated stub streets
which are over 150 feet in length.
11. Applicant has only submitted a conceptual plan on the office uses to date, at a
later time applicant shall submit a detailed CUP for the plarmed development for
the office uses. However, the commercial uses north of the Ridenbaugh Canal are
not proposed to be part oflhe PD and shall be zoned separately.
7. COMPLIANCE PERIOD! CONSENT TO REZONE: This Agreement
and lhe commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "Owner/Developer" or "Owner/Developer's" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing
Development" of subject "Property" of this agreement within two years oflhe date this
Agreement is effective, and after the "City" has complied wilh lhe notice and hearing
procedures as outlined in I.C. § 67-6509, or any subsequent amendments or
recodifications lhereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/Developer" consent upon default to the de-armexation and/or a
reversal oflhe zoning designation oflhe "Property" subject to and conditioned upon the
following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply
with this Agreement to "Owner/Developer" and iflhe
"Owner/Developer" fails to cure such failure within six (6) months
of such notice.
9. INSPECTION: "Owner/Developer" shall, immediately upon completion
of any portion or lhe entirety of said development of lhe "Property" as required by this
agreement or by City ordinance or policy, notify the City Engineer and request lhe 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 oilier ordinances of the "City" that apply to said Development.
DEVELOPMENT AGREEMENT (AZ-O2-004) - 12
10.
DEFAULT:
10.1
10.2
In the event "Owner/Developer", "Owner/Developer's" heirs,
successors, assigns, or subsequent owners of the "Property" or any
oilier person acquiring an interest in lhe "Property", fail to
faithfully comply with all of the terms and conditions included in
this Agreement in connection wilh the "Property", this Agreement
may be modified or terminated by the "City" upon compliance with
the requirements of the Zoning Ordinance.
A waiver by "City" of any default by "Owner/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.
11. REQUlREMŒNT FOR RECORDATION: "City" shall record eilher a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer",
prior to lhe third reading of the Meridian Zoning Ordinance in connection with lhe
armexation and zoning of lhe "Property" by the City Council. If for any reason after such
recordation, the City Council fails to adopt lhe ordinance in connection wilh the
annexation and zoning of the "Property" contemplated hereby, the "city" shall execute
and record an appropriate instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation oflhe duly approved
Agreement, enact a valid and binding ordinance zoning lhe "Property" as specified
herein.
13. REMŒDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owner/Developer", or by any successor or
successors in title or by lhe assigns of the parties hereto. Enforcement may be sought by
an appropriate action at law or in equity to secure lhe specific performance oflhe
covenants, agreements, conditions, and obligations contained herein.
13.1
In the event of a material breach of this Agreement, the parties
agree lhat "City" and "Owner/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 carmot with diligence be cured within such thirty (30) day
DEVELOPMENT AGREEMENT (AZ-O2-004) - 13
period, if the defaulting party shall commence to cure the same
within such thirty (30) day period and lhereafter shall prosecute lhe
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 oflhe same with diligence and
continuity.
13.2
In lhe event the performance of any covenant to be performed
hereunder by eilher "Owner/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 lhe amount of time
of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code §12-5-3, to insure that installation of the
improvements, which the "Owner/Developer" agrees to provide, if required by lhe "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees
lhat no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Owner/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 lhe "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer"
agrees to abide by all ordinances of the City of Meridian and lhe "Property" shall be
subject to de-armexation iflhe owner or his assigns, heirs, or successors shall not meet
the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in lhe United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY:
OWNERIDEVELOPER:
c/o City Engineer
Sutherland Fann, Inc., an Idaho corporation
DEVELOPMENT AGREEMENT (AZ-02-004) - 14
City of Meridian
660 E. Watertower, Suite 200
Meridian, ill 83642
3895 Girdner Lane
Meridian, Idaho 83642
with copy to:
Great Sky, Inc., an Idaho corporation
3895 Girdner Lane
Meridian, Idaho 83642
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Hill Way, Inc., an Idaho corporation
3895 Girdner Lane
Meridian, Idaho 83642
Shannon's Fine Food & Spirits, a California
Corporation
P.O. Box 1338
San Mateo, California 94401
17.1
A party shall have the right to change its address by delivering to
the oilier party a written notification lhereof in accordance wilh the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between lhe
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable attorney's
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
19. TIMΠIS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly oflhe essence wilh respect to each and every term, condition
and provision hereof, and lhat the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit ofthe parties' respective heirs, successors, assigns and
personal representatives, including "City's" corporate aulhorities and their successors in
office. This Agreement shall be binding on the owner ofthe "Property", each subsequent
owner and any other person acquiring an interest in lhe "Property". Nolhing herein shall
in any way prevent sale or alienation of lhe "Property", or portions lhereof, 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
DEVELOPMENT AGREEMENT (AZ-02-004) - 15
expressed. "City" agrees, upon written request of "Owner/Developer", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Owner/Developer" has fully performed
its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from lhis Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner/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
"Owner/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".
22.1
No condition governing the uses and/or conditions governing
development of the subject "Property" herein provided for can be
modified or amended wilhout lhe 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 lhe time of the proposed amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt lhe amendment to the
Meridian Zoning Ordinance in connection with the armexation and zoning of the
"property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-O2-004) - 16
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and made it effective as hereinabove provided.
::~t6: dJ£
Trevor C. Roberts, Secretary
Attest:
BY:~~
Trevor C. Roberts, Secretary
:-~~
OWNER/DEVELOPER:
SUTHERLAND FARM, INc., AN IDAHO
CORPORATION
Br~5.~'
Louis G. Harding, President
GREAT SKY, INC., AN IDAHO
CORPORATION
HILL WAY, INC., AN IDAHO
CORPORATION
DEVELOPMENT AGREEMENT (AZ-02-004) - 17
Trevor C. Roberts, Secretary
SHANNON'S FINE FOOD & SPIRITS, A
CALIFORNIA CORPORATION
By:
,
CITY OF MERIDIAN
BY ~j ýi)
Mayor obert D. Corrie
~
Approved by City Council: / /..- /9,.- () z.-
Attest:
DEVELOPMENT AGREEMENT (AZ-02-004) - 18
STATE OF IDAHO)
:ss
COUNTY OF ADA )
On this day of . he year 2002,
before me, a Notary Publi rsonally appeared Louis
G. Harding and Trevor C. Roberts, known or identifi me to be the President and
Secretary of Sutherland Fann, Inc., and the s who executed lhe instrument and
acknowledged to me lhat they havin cuted lhe same on behalf of said Sutherland
Fann, Inc..
Notary Public for Idaho
Residing at:
Commission expires:
(SEAL)
:ss
STATE OF IDAHO )
COUNTY OF ADA )
, in the year 2002,
before me, a Notary Public, personally appeared Louis
G. Hardin evor C. Roberts, known or identified to me to be the President and
S of Great Sky, Inc., and the persons who executed lhe instrument and
acknowledged to me lhat lhey having executed the same on behalf of said Great Sky, Inc..
Notary Public for Idaho
Residing at:
Commission expires:
(SEAL)
DEVELOPMENT AGREEMENT (AZ-02-004) - 19
STATE OF CALIFORNIA
COUNTY OF SAN MATEO
On November 4 2002, before me, Shirley W. Hoffman, Notary Public, personally appeared
LOUIS G HARDING. personally known to me to be lhe person whose name is subscribed to the within
instrument and acknowledged to me that he executed lhe same in his authorized capacities, and lhat by his
signature on the instrument lhe person or entities upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
~... - - - - - - - - - -
5HIRLEYW. HOFFMAN
.. ' Commission. , 328734 f
~. Notary Public - California ~
1:: San Matao County f
My Comm. Expires Nov 7, 2005
-...--- - - - --
~;If~
STATE OF CALIFORNIA
COUNTY OF SAN MATEO
On November 4 2002, before me, Shirley W. Hoffman, Notary Public, personally appeared
TREVOR C. ROBERTS. personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed lhe same in his authorized capacities, and that by his
signature on the instrument the person or entities upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
1----------"-
. ~ 5HIRLEYW. HOFFMAN
.. Commission. '328734 f
~ - Notary Public. California ~
1: San Mateo County f
.. _My:,,:,".:..Expi~N:,,7.:..2~
.#~
DEVELOPMENT AGREEMENT (AZ-02-004) - 19(a)
STATE OF IDAHO)
:ss
COUNTY OF ADA )
On this ' in the year 2002,
before me, otary Public, personally appeared Louis
G. Harding and Trevor C. Ro own or identified to me to be the President and
Secretary ofHil ,c., and the persons who executed lhe instrument and
ac ged to me that they having executed the same on behalf of said Hill Way, Inc..
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires:
STATE OF CALIFORNIA )
:ss
COUNTY OF SAN MATEO)
On ,before me
personally appeared ' personally known
to me (or proved to me on the basis of satis ry evidence) to be the person(s) is/are
subscribed to the wilhin instrument and owledged to me that he/she/they executed the
same in hislher/their authorized acity(ies), and lhat by hislher/lheir signatures on the
instrument the person(s) e entity upon behalf of which lheperson(s) acted, executed the
instrument.
Signature of Notary
(SEAL)
DEVELOPMENT AGREEMENT (AZ-O2-004) - 20
STATE OF IDAHO)
:ss
County of Ada
On this ,q dayof~inlheyear2002,
before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg,
Jr. , known or identified to me to be lhe Mayor and Clerk, respectively, of the City of
Meridian, who executed lhe instrument or the person lhat executed the instrument of
behalf of said City, and acknowledged to me lhat such City executed lhe same.
(SEAL)
.."...
..ON S""':~,
...~ó:t~~j~..
:~'~ ~ .
. ( .
. .
~~ :
. .
.. :!'rJm..\'t,.;øl
..~1ii--'i9.;¡y..
.....~....
~~cYl(~ ~ .{L;
Notary Public for Idaho .
Residing at:~/Jc. (O/M;[~, JdcJUJ
Commission expires: i - 21{ -0<)
Z:\WorklMlMeridianlMeridian IS360MlSatheriand Farm AZ-O2-004 PP-O2-004 CUN)2-005\DevelopAgr.doc
DEVELOPMENT AGREEMENT (AZ-02-004) - 21
EXHIBIT A
Lel!al DescriDtion Of ProDertv
(R-4) Low Density Residential District
A parcel ofland located in a portion of Section 21, T. 3N., R. lE., B.M.,
Ada County, Idaho, and more particularly described as follows:
COMMENCING at a found 5/8" pin marking the Center Y. of Section 21,
from which a found %" steel pipe marking lhe West Y. corner of said
Section 21 bears North 89°07'46" West, 2,667.47 feet; thence along the
North-South center line of Section 21, South 00°11 '16" West, 146.51 feet
to the POINT OF BEGINNING;
lhence continuing along lhe center line of Section 21, South 00°11 '16"
West, 27.54 feet to a point;
thence South 89°09'44" East, 976.59 feet to a point;
thence North 00°55'58" East, 20.23 feet to a point;
lhence North 89°28'48" East, 51.07 feet to lhe Northwest corner of Muir
Woods Subdivision, as recorded in Plat Book 80, page 8553 of the Ada
County, Idaho records;
thence along the Westerly boundary of Muir Woods Subdivision and the
prolongation thereof, South 00°13'53" West, 1,183.48 feet to a point;
thence North 89°19'32" West, 1,027.00 feet to a point;
thence North 89°21'54" West, 429.01 feetto a point;
lhence Soulh 00°14'06" West, 544.69 feet to a point;
thence North 89°35'51" West, 299.87 feet to a point;
thence Soulh 00°14'06" West, 119.65 feet to a point;
thence North 89°35'53" West, 300.13 feet to a point;
DEVELOPMENT AGREEMENT (AZ-02-004) - 22
lhence North 00°14'06" East, 74.38 feet to a point;
thence North 89°35'53" West, 300.00 feet to a point;
thence Soulh 00°14'06" West, 751.00 feet to a point on the Southerly
boundary of said Section 21;
thence along said southerly boundary North 89°35'53" West, 528.20 feet
to a point;
thence parallel to the westerly boundary of said Section 21 North
00°00'17" West, 1,346.82 feet to a point;
thence North 89°21 '54" West, 800.05 feet to a point on the Westerly
boundary of Section 21 ;
thence along said boundary, North 00°00'01" West, 309.85 feet to a point;
lhence leaving the Westerly boundary of Section 21, South 89°07'46"
East, 525.00 feet to a point;
lhence North 00°00'01" West, 253.90 feet to a point;
thence North 89°07'46" West, 525.00 feet to a point on the Westerly
boundary of Section 21;
thence along said boundary, North 00°00'01" West, 590.05 feet to feet to a
point on the center line of the Ridenbaugh Canal;
thence along the center line of the Ridenbaugh Canal, South 68°20'31"
East, 47.62 feet to a point of curvature;
thence along said curve to the right having a radius of 400.00 feet, a
central angle 0[25°55'00", a length of 180.93 feet, tangents of92.04 feet,
and a long chord which bears South 55°23'01" East, 179.39 feet to a point;
thence South 42°25'31" East, 87.10 feet to a point of curvature;
DEVELOPMENT AGREEMENT (AZ-O2-004) - 23
thence along said curve to the left having a radius of 120.00 feet, a central
angle of 83°32'00", a length of 174.95 feet, a tangents ofl07.l7 feet, and
a long chord which bears South 84°11 '31" East, 159.86 feet to a point;
lhence North 54°02'29" East, 156.18 feet to a point of curvature;
thence along said curve to the right having a radius of 500.00 feet, a
central angle of 57°54'35", a length of 505.36 feet, tangents of276.64 feet,
and a long chord which bears North 82°59'46" East, 484.12 feetto a point;
lhence South 68°02'56" East, 352.10 feet to a point;
thence South 88°30'26" East, 230.10 feet to a point;
thence Soulh 81 °12'02" East, 256.90 feet to a point of curvature;
lhence along said curve to the right having a radius of 220.00 feet, a
central angle of28°58'00", a length of 111.22 feet, tangents of 56.83 feet,
and a long chord which bears South 66°43 '02" East, 110.04 feet to a point;
thence South 52°14'02" East, 126.99 feet to a point of curvature;
thence along said curve to the left having a radius of 100.00 feet, a central
angle of III °46'57" ,a length of 195.10 feet, tangents of 147.65 feet, and
a long chord which bears North 71 °52'34" East, 165.59 feet to a point;
thence North 15°59' 10" East, 112.50 feet to a point of curvature;
thence along said curve to the right having a radius of250.00 feet, a
central angle of 44°45'13", a length of 195.27 feet, tangents of 102.92 feet,
and a long chord which bears North 38°21 '47" East, 190.35 feet to a point;
thence North 60°44'24" East, 17.46 feet to a point of curvature;
thence along said curve to lhe right having a radius of 350.00 feet, a
central angle of31 °32'29", a length of 192.67 feet, tangents of98.85 feet,
and a long chord which bears North 76°30'38" East, 190.25 feet to a point;
thence South 87°43'08" East, 131.49 feet to lhe POINT OF BEGINNING;
Said parcel contains 116.7 acres, more or less.
DEVELOPMENT AGREEMENT (AZ-02-004) - 24
And
(C-G) General Retail and Service Commercial
A parcel ofland located in a portion of Section 21, T.3N., RlE., B.M.,
Ada County, Idaho, and more particularly described as follows:
COMMENCING at a found %" steel pipe marking the West '14 corner of
said Section 21; from which a found 5/8" pin marking lhe Center Y. of
Section 21 bears South 89°07' 46" East, 2667.47 feet; thence along lhe
East-West center line of Section 21, Soulh 89°07'46" East, 1,260.42 feet
to a found 5/8" iron pin with a plastic cap stamped "LS 7876", the POINT
OF BEGINNING;
thence continuing along the East-West center line of Section 21, South
89°07' 46" East, 3.31 feet to a set 5/8" iron pin with a plastic cap stamped
"HODGE PLS 8575";
lhence leaving the East-West center line of Section 21, North 00°13'03"
East, 183.13 feet to a set 5/8" iron pin with a plastic cap stamped
"HODGE PLS 8575";
thence along a non-tangent curve to lhe right having a radius of 870.00
feet, a central angle of 04°36'55", a length of70.08 feet, tangents of35.06
feet, and a long chord which bears North 87°49' 16" East, 70.06 feet to a
set 5/8" iron pin wilh a plastic cap stamped "HODGE PLS 8575";
lhence South 00°13'03" West, 186.86 feet to a point on the East-West
center line of Section 21, marked by a found 5/8" iron pin with a plastic
cap stamped "LS 972";
thence along the East-West center line of Section 21, South 89°07'46"
East, 1,333.73 feet to the Center Y. of Section 21, marked by a found 5/8"
iron pin with a set brass cap stamped "T3NRlECl/4SEC21 PLS8575
2001";
lhence along lhe North-South center line of Section 21, Soulh 00°11 '16"
West, 146.51 feet to a point on the center line ofthe Ridenbaugh Canal;
thence along the center lien of the Ridenbaugh Canal the following courses
and distances;
DEVELOPMENT AGREEMENT (AZ-O2-004) - 25
North 87°43 '08" West, 131.49 feet to a point of curvature;
Along a curve to the left having a radius of 350.00 feet, a central angle of
31 °32'29", a length of 192.67 feet, tangents of 98.85 feet, and a long chord
which bears South 76°30'38" West, 190.25 feet;
South 60°44'24" West, 17.46 feet to a point of curvature;
Along a curve to the left having a radius of250.00 feet, a central angle of
44°45'13", a length ofl95.27 feet, tangents ofl02.92 feet, and a long
chord which bears Soulh 38°21 '47" West, 190.35 feet;
South 15°59'10" West, 112.50 feet to a point of curvature;
Along a curve to the right having a radius of 100.00 feet, a central angle of
111 °46'57", a length of 195.10 feet, tangents ofl47.65 feet, and a long
chord which bears South 71 °52'34" West, 165.59 feet;
North 52°14'02" West, 126.99 feet to a point;
Along a curve to lhe left having a radius of 220.00 feet, a central angle of
28°58'00", a length of 111.22 feet, tangents of 56.83 feet, and a long chord
which bears North 66°43'02" West, 110.04 feet;
North 81 °12'02" West, 256.90 feet to an angle point;
North 88°30'26" West, 230.10 feet to an angle point;
North 68°02'56" West, 75.08 feet to an angle point;
thence leaving the center line of the Ridenbaugh Canal, North 21 °57'04"
East, 60.06 feet to an angle point;
thence North 23°01 '29" West, 91.35 feet to an angle point;
thence North 00°00'04" West, 190.06 feet to the POINT OF
BEGINNING.
Said parcel contains 11.04 acres (480,936.87 square feet), more or less.
DEVELOPMENT AGREEMENT (AZ-02-004) - 26
EXHIBIT B
Findinl!s of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-02-004) - 27
O"
BEFORE THE MERIDIAN CITY COUNCIL
C/C 07-16-02
IN THE MATTER OF THE
APPLICATION OF SUTHERLAND
FARM, INC., THE APPLICATION
FOR ANNEXATION AND ZONING
OF 127.74 ACRES FOR PROPOSED
SUTHERLANDFARM,LOCATED
A 1/2 MILE SOUTH OF
OVERLAND ROAD ON THE EAST
SIDE OF EAGLE ROAD,
MŒRIDIAN, IDAHO
Case No. AZ-O2-004
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled armexation and zoning application having come on for public hearing
on July 16, 2002, at lhe hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator,
Gary Lee, Cassie Shelton, David Barclay, Pat Maley, Rodney Reyes, Amber Reyes, Joyce
Roundy, Caroline Ranke, Tom Kuntz, and Gary Smith, appeared and testified, and the City
Council having duly considered the evidence and the record in this matter therefore makes the
following Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1.
There has been compliance wilh all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
2.
The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Comprehensive Plan of the City of Meridian adopted December 21,1993, Ordinance No.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONJNG/SUTHERLAND FARM - (AZ-O2-004)
629, January 4,1994, and maps and lhe ordinance Establishing the Impact Area Boundary.
3.
The property which is lhe subject of the application for armexation and
zoning is described in the application, and is approximately 127.74 acres in size, is located a 1/2
mile south of Overland Road on the east side of Eagle Road, all wilhin the Area of Impact of the
City of Meridian and the Meridian Urban Service Planning Area.
4.
The owner of record oflhe subject property is Sutherland Fann, Inc., and the
applicant is Sutherland Farm, Inc., of San Mateo, California.
5.
The property is presently zoned by Ada County as RUT and R -I, and consists of
vacant land.
6.
The Applicant requests the property be zoned as R-4 for lhe property south of the
Ridenbaugh Canal and CoG to the north of the Ridenbaugh Canal, with lhe intent to develop 308
building lots consisting of260 single family detached lots, 32 single-family attached lots, 11
office/multiple family lots, and five commercial lots, and 30 other lots consisting of a 4-acre
park/pond, a 30' wide pathway adjacent to lhe Canal, alleys, an irrigation lot, tot lots, and
landscaping lots, which is consistent with lhe Meridian Comprehensive Plan Generalized Land
Use Map which designates the subject property as Mixed Residential and Single-Family
Residential.
7.
The subject property is bordered to the north and west by property within lhe City
limits zoned R-4 and C-C and CoG, and to the east and soulh by Ada County property zoned
RUT, R-l and R-4.
8.
The Ridenbaugh Canal is a significant feature of major importance that affects the
consideration of this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-O2-004)
9.
The City Council recognizes the concerns of neighbors which were expressed at
the Plarming and Zoning meeting,and in lheir petition and/or letter dated January 26,2002, and
May II, 2002, of Lee Coulson, of Dr. and Mrs. Scott H. Pressman dated May II, 2002, ofMr.
and Mrs. Loren E. Hornbaker received April 3, 2002, and of Carolyn Reinke dated July 5, 2002.
10.
Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian plarmingjurisdiction,
public facilities and services required by lhe proposed development will not impose expense
upon the public iflhe following conditions of development are imposed:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
I. Essential City services are available to the subject property.
2. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance Section 5-7-517. Wells may be used for non-
domestic purposes such as landscape irrigation.
3. A development agreement shall be required as part of this armexation request.
Adopt the Recommendations of the ACHD as follows:
1. Dedicate 48-feet of right-of-way from lhe centerline of Eagle Road abutting the parcel by
means of a warranty deed. The right-of-way purchase and sale agreement and deed must
be completed and signed by lhe applicant prior to scheduling lhe final platfor signature
by lhe ACHD Commission or prior to issuance of a building permit (or other required
permits), whichever occurs first.
2. Dedicate 48-feet of right-of-way from lhe centerline of Victory Road abutting the parcel
by means of a warranty deed. The right-of-way purchase and sale agreement and deed
must be completed and signed by the applicant prior to scheduling the final plat for
signature by the ACHD Commission or prior to issuance of a building permit (or other
required permits), whichever occurs rust.
3. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-feet within
the new right-of-way. Coordinate the location and elevation of the sidewalk with District
staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the
sidewalk.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-O2-004)
4. Construct a 5-foot wide detached concrete sidewalk on Victory Road located 2-feet
within the new right-of-way. Coordinate the location and elevation of the sidewalk wilh
District staff. If the sidewalk meanders outside of the right-of-way, provide an easement
for the sidewalk.
5. Construct a center turn lane on Eagle Road for the East Easy Jet Drive intersection or
road trust for the improvements, whichever should occur first. The turn lane shall be
constructed to provide a minimum of 100-feet of storage with shadow tapers for both the
approach and departure directions. Coordinate the design of the turn lane with District
staff.
6. Construct a center turn lane on Eagle Road or road trust for the improvements, whichever
should occur first for the proposed shared driveway located on Eagle Road approximately
300-feet south of the north property line. The turn lane shall be constructed to provide a
minimum of 100-feet of storage with shadow tapers for both the approach and departure
directions. Coordinate the design of the turn lane wilh District staff.
7. Construct a center turn lane on Eagle Road for lhe East Copper Point Way intersection or
road trust for the improvements, whichever should occur first. The turn lane shall be
constructed to provide a minimum of 100-feet of storage with shadow tapers for bolh lhe
approach and departure directions. Coordinate the design of the turn lane with District
staff.
8. Construct a shared-driveway on Eagle Road for Lot 3, Block 2 and Lot 4, Block 2, as
proposed. This proposed shared-driveway is located on Eagle Road approximately 300-
feet south of the north property line. This proposed driveway meets District policy and is
approved with this application.
9. Pave the driveway on Eagle Road that serves Lot 3, Block 2 and Lot 4, Block 2 its full
widlh of30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of
Eagle Road and install pavement tapers with 15-foot radii abutting the existing roadway
edge.
10. Construct two main entrances to the subdivision, as proposed. The proposed main
entrance locations meet current District policy and are approved with this application.
a. East Easy Jet Drive is proposed to be located on Eagle Road approximately 850-
feet soulh oflhe north property line and is proposed to align with Easy Jet Drive.
East Easy Jet Drive shall be designed with 21-foot street sections on eilher side of
a center median. The median shall be constructed a minimum of 4-feet wide
(maximum 12-feet wide) to total a minimum ofa 100-square foot area. The
applicant will be required to dedicate 54-feet of right-of-way plus the additional
width ofthe median.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUTHERLAND FARM. (AZ-O2-004)
b. South Bay Star Way is proposed to be located on Victory Road approximately
800-feet east of Eagle Road. South Bay Star Way shall be designed with 2l-foot
street sections on either side of a center median. The median shall be constructed
a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 100-
square foot area. The applicant will be required to dedicate 54-feet of right- of-
way plus the additional width of the median.
c. Construct Easy Jet Drive west of South Nephrite Way as a commercial / industrial
roadway, as proposed. The roadway shall be constructed as a 40-foot street
section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right- of-
way.
II. Designated Easy Jet Drive between South Nephrite Way and South Proud Way as a
residential collector street with no front-on housing. This roadway shall be constructed
as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks with access
restrictions stated on the final plat. Unless otherwise noted, parking shall be prohibited on
these street segments. Coordinate the signage plan with District staff.
12. Construct a commercial/industrial roadway that intersects East Copper Point Way
approximately 150-feet east of South Cobblestone Way, as proposed. This commercial /
industrial roadway meets District policy and is approved with this application. The
roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide
concrete sidewalk wilhin 54-feet of right-of-way.
13. Construct all public roads within lhe subdivision as 36-foot street sections with curb,
gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed.
14. Extend Hollandale Street, an existing stub street into the site at the east property line lhat
is a part of the Muir Woods Subdivision, as proposed. Construct Hollandale Street as a
stub street with temporary bollards. A sign shall be placed on the bollards that states,
"this road will become an open connection when a public road to Overland Road is
constructed."
15. Extend Knapp Drive, an existing stub street, into the site at the south property line, as
proposed. Construct Knapp Drive as a stub street with temporary bollards. A sign shall
be placed on the bollards that states, "this road will become an open connection when a
public road to Overland Road is constructed."
16. Construct five stub streets, as proposed.
. The first stub street, South Pond Way, is proposed to stub to the south property
line approximately 1900-feet east of Eagle Road.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5
AND DECISION AND ORDER GRANTING APPUCA TION
FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-O2-004)
. The second stub street, South Mueyah Way, is proposed to stub to lhe soulh
property line approximately 500-feet east of Eagle Road.
. The third stub street, East Publisher Street, is proposed to stub to the west
property line approximately 730-feet north of Victory Road.
. The fourth stub street, North Knapp Avenue is proposed to stub to the north
property line approximately I,OOO-feet oflhe east property line. This stub street is
proposed to cross the Ridenbaugh Canal.
. The fifth stub street, East Copper Point Way is proposed to remain as a stub at the
north property line approximately 1,250- feet west of the east property line.
17. Provide a paved temporary turnaround at the end of Soulh Mureyah Way with a
temporary easement provided to lhe District and install a sign at the terminus of the
roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
Coordinate the sign plan for the stub street, and lhe design oflhe turnaround with District
staff.
18. Submit preliminary drawings for the cost of constructing lhe bridge from Sulherland
Fanns to the North property line. The applicant shall road trust for one half of the total
cost of the plans, material and labor to construct the bridge. The road trust or the
construction ofthe bridge shall be phased according to final platting and traffic warrants.
19. Construct North Knapp Avenue as 36-foot street sections with curb, gutter and 5-foot
wide concrete sidewalks. The applicant shall be designated lhis roadway as a residential
collector street with no front-on housing with access restrictions for lhese street segments
stated on lhe final plat. Unless otherwise noted, parking shall be prohibited on lhese
street segments. Coordinate lhe signage plan wilh District staff.
20. Construct an alley located on South Nephrite Way north of East Rolfe Street, as
proposed. The alley shall have a minimum of 16-feet of right-of-way and shall be
improved by paving the full width and length of lhe right-of-way. Dedication of clear
title to the right-of-way, improvement of the alley, and acceptance oflhe improvement by
lhe District as meeting its construction standards are required for all alleys contained in a
proposed development.
21. Construct ACHD approved turnarounds at the end of East Shergar Court, East Moner
Court, East Spur Court, South Halo Place, East Hillis Court, East Legal Place and the
unnamed cul-de-sac roadway that extends south from East Copper Point Way. Submit a
design of the turnaround for review and approval by District staff.
22. The residential turnarounds shall be constructed to provide a minimum turning radius of
45-feet and the commercial turnarounds shall be constructed to provide a minimum
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-O2-004)
turning radius of 55-feet. The applicant shall also be required to provide a minimum of a
29-foot street section on either side of any proposed center islands within lhe turnarounds.
The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-
square foot area. Dedicate 54-feet of right-of-way plus the additional width of the
median.
23. Any proposed landscape islands/medians within lhe public right-of-way dedicated by this
plat shall be owned and maintained by a homeowners association. Notes of this shall be
required on the final plat.
24. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development.
25. Any existing irrigation facilities shall be relocated outside of the right-of-way.
26. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District.
27. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by lhe developer.
28. Other than the access points specifically approved with this application, direct lot or
parcel access to Eagle Road and Victory Road is prohibited. Lot access restrictions, as
required with this application, shall be stated on lhe final plat.
29. Comply wilh alllhe Standard Requirements listed within lhe ACHD report with lhe date
of the ACHD Commission Date - May 8, 2002.
Adopt the Recommendations oftbe Meridian Fire Department as follows:
1. That a fire-flow consistent with Appendix Ill-A of the Uniform Fire Code be provided to
service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997
UFC Appendix Ill-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance ofthe water supply for fire protection will be by lhe Meridian Water
Department.
4. Final approval oflhe fire hydrant locations shall be by lhe Meridian Fire Department.
5. All internal & external roads shall have a radius of28' inside and 48' outside radius.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUTIIERLAND FARM. (AZ-O2-004)
6. Insure lhat all yet undeveloped parcels are maintained free of combustible vegetation per
section 1103.2.4 of the Uniform Fire Code.
7. The roadways shall be built to Ada County Highway Standards.
8. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
I. If a pressure urban irrigation system will be owned, operated and maintained by the
District, contact the District pertaining to the installation of the pressure urban system.
2. Fill out questionnaire and return to the District to initiate the process of contractual
agreements between the owner or developer and lhe District for the ownership, operation
and maintenance oflhe pressure urban irrigation system.
Adopt the Recommendations of the Parks and Recreation Department as follows:
I. The neighborhood park located in Block I, Lot 54 shall be far more functional and
appealing as a subdivision amenity if the seven lots in the southeast corner were
eliminated. Four of the seven lots have been deleted, and therefore, to allow for the 5-
acre park, the three remaining lots in the southeast corner shall need to be deleted. This
would expand the visibility corridor and increase the park size to approximately 5 acres.
The Parks Department has a 5-acre minimum for a city owned Neighborhood Park. If the
maintenance costs for the 5-acre private park were a burden for the homeowners in the
future, the Parks Department would consider maintaining the site if it was deeded to the
City.
2. The Pathway shall be constructed as follows:
a.
Ten-foot-wide hard surface with ground sterilent, 6 inch compacted road mix, and
2 inches of asphalt (specs available).
Palh shall be located at the base oflhe Ridenbaugh Canal bank or adjacent to lhe
canal maintenance road.
A 6-foot-high medal fence shall be installed between the path and the canal.
The path shall be a minimum of 10feet from lhe back property lines.
The property line fencing adjacent to lhe palh shall be see through or a maximum
of 4-feet-high, if solid.
Bollards, garbage cans, and benches shall be installed per park department
standards.
b.
c.
d.
e.
f.
Adopt the action of the City Council taken at their July 16, 2002 meeting as follows:
1. The applicant shall restrict lhe building of homes on Lots 12, 13 and 14 of Block 9 and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004)
Lots 5 and 6 of Block 9, and Block 15, Lots 12, 13 and 19, and Block 16, Lots I, 5, 6, 7,
8,9, 10 and II, not to exceed a peak height of25' or less.
2. The Memorandum of Understanding, dated June 13, 2002, between the developer,
Sutherland Fann, Inc. for Sutherland Fann Subdivision, and Mr. Gale Sasser, pertaining
to lhe design elements for lhe interface between the two properties to ensure
compatibility, shall be complied with by Sutherland Fann, Inc. as agreed upon between
the two parties.
3. An 8 foot cedar fence shall be built along the entire length of the western and northern
property boundaries.
4. Landscaping shall be extensive with a mixture of evergreen and deciduous trees and
agreed upon between the applicant and adjacent property owners.
5. The applicant shall increase lhe rear setback of30 feet for Lots 2, 3, 4, 5, 6, 7, and 8 of
Block 9.
6. The proposed bridge over the Ridenbaugh Canal shall require bonding by ACHD for
construction of the bridge prior to signature on the fmal plat. ACHD shall determine a
Letter of Credit amount that the applicant shall post to pay their portion of the
construction of the bridge.
7. The site which lies west oflhe residential area, and the commercial general use area to the
north, shall require conditional use permits.
8. Applicant shall install water along lheir frontage, and when the water is extended from
Eagle Road through the development, the water shall be used for future phases, and shall
be positioned along the public road that is planned for and when the first phase along
Victory Road. The water shall be available to anyone adjacent to it on either end.
9. A Latecomers Fee for sewer service through the Silverstone Subdivision is required, and
if required, a Well Development Latecomers Fee shall be entered into.
10. Applicant shall provide temporary turnarounds for the designated stub streets which are
over 150 feet in length.
II. Applicant has only submitted a conceptual plan on the office uses to date, at a later time
applicant shall submit a detailed CUP for the planned development for the office uses.
However, the commercial uses north oflhe Ridenbaugh Canal are not proposed to be part
of the PD and shall be zoned separately.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-O2-004)
11.
It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 10, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of armexation and zoning designation.
12.
It is also found lhat the development considerations as referenced in Finding No.
10 are reasonable to require and must be taken into account, in order to assure lhe proposed
development is designed, constructed, operated and maintained in a marmer which is hannonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
13.
It is found that the zoning oflhe subject real property as General Retail and
Service Commercial (C-G) and Low Density Residential District (R-4) requires connection to lhe
Municipal Water and Sewer systems and will be compatible wilh the Applicant's development
intentions, and will assure that the zoning is consistent with lhe Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Mixed Residential.
14.
The subject armexation request and zoning designation and proposed
development relates to and is compatible with the goals and policies of the Comprehensive Plan
of the City as follows:
Goals Section
Goal 4: To provide housing opportunities for all economic groups within the community.
Goal 8: To establish compatible and efficient use of land through lhe use of innovative and
functional site design.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-02-004)
Goal 3: To encourage the kind of economic growth and development which supplies employment
and economic self-sufficiency for existing and future residents, reduces the present reliance
on Boise and strengthens the City's ability to finance and implement public improvements,
services, and its open space character.
Goal 9: To encourage a balance of land use patterns to insure that revenues pay for services.
Economic Development
1.1 The City of Meridian shall make every effort to create a positive atmosphere that
encourages.. .commercial enterprises to locate in Meridian.
The character, site improvements and type of new commercial or industrial developments
should be hannonized with the natural environment and respect the unique needs and
features of each area.
1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan.
3.1 U - Approve quality housing projects that meet the needs of all economic levels.
3.2U - Encourage efforts to develop and maintain quality neighborhoods and housing. . .
1.3
Land Use
I. IOU Promote the design of attractive roadway entryway areas into Meridian which will clearly
identify the community.
2.1 U - Support a variety of residential categories for the purpose of providing the City wilh a range
of affordable housing opportunities.
2.4U - Encourage sidewalks and paved streets for all existing neighborhoods. . .
3.7 Industrial uses which require the storage or the production of explosive or hazardous
materials should not be located near residential areas, and should conform to disposal, spill
and storage measures as outlined bylhe U.S. EPA.
4.3U Encourage new commercial development in under-utilized existing commercial areas.
5.9 The integrity and identity of any adjoining residential neighborhood should be preserved
through the use of buffering techniques, including screen plantings, open space and other
landscaping techniques.
5.12 Strip development within this mixed-use area i s not in compliance with the goals and
policies of the Comprehensive Plan.
5.13 Clustering of uses and controlled access points along arterials and collector streets will be
required.
5.14 Because these areas are near 1-84 and Franklin Roads, high-quality visual appearance is
essential. All development proposals in this area will be subject to development review
guidelines and conditional use permitting procedures.
Natural Resource & Hazardous Areas
2.1 U Development along major drainage ways will be restricted to ensure that development does
not cause additional ground or surface water contamination.
3.1 U Manage and prevent unsuitable uses along drainage ways and protect the flood plain of
creeks and drains.
3.2U Protect lhe potential beauty and recreational trail opportunities of all Meridian waterways.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-O2-004)
CommunitY Design
1.3 Open space areas within all development should be encouraged.
1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses
along these entrances should be screened from view.
2.1 U Require businesses and government to install and maintain landscaping.
2.3U Encourage the beautification of streets, parking lots. . .etc.
6.2U - Pedestrian access connectors will be required in all new development to link subdivisions
together to promote neighborhood identity.
6.11 U - Promote well-plarmed and well-designed affordable housing in all Meridian neighborhoods.
Transportation Chapter
1.19U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility.
1.14 - Design and performance standards should be applied to infilling development in order to
reduce adverse impacts upon existing adjacent development.
1.18 - As Plarmed Development methods and standards are implemented by the City of Meridian,
variations pertaining to plarmed development - maximum density, dimensional standards,
and other requirements - shall not exceed 25% of the existing requirements, and shaH be
recommended when one or more of the Plarmed Development design and developmental
objectives are met.
15.
It is found that the requested zoning designations, R-4 to the south ofthe
Ridenbaugh Canal and CoG to the north of the Ridenbaugh Canal, is hannonious with and in
accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which
designates theland to be Mixed Residential and Single Family Residential. Although, the
Schedule of Use Control (MCCII-8-1) states that only detached single-family dwellings are
permitted within the R-4 zone, the Plarmed Development Ordinance allows a mixture of
different housing types, (townhouses, duplexes and detached single-family dwellings) wilhin a
single plarmed development, regardless of the underlying zone, so long as the overall density of
lhe underlying zone is not exceeded (MCCI2-6-4 A). Accordingly, the overall density of the
residential portion of the plarmed development is approximately three dwelling units per acre.
16.
No plans to re-zone lhe property in lhe future have been presented, and it is
not anticipated lhat an application for re-zone win be received in the future.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-O2-004)
17.
It is found that Sutherland Fann will be developed in a marmer that will be
allowed under the new zoning and according to the Plarmed Development Standards.
18.
It is found that recent approval of the armexation and zoning of Silverstone IT
on the north side of the Ridenbaugh Canal would dictate that the adjacent property to the east should
be similarly zoned and developed (as proposed). The Ridenbaugh Canal provides a natural
buffer/separation between land uses. Muir Woods Subdivision to the east has provided a stub-street
at the Sutherland Farm western property line in expectation of similar development.
19.
It is found that general vicinity provides a mix 0 f commercial uses and
standard to estate sized residential lots. The intended character of the vicinity, as noted on the
Generalized Land Use Map, is for mixed housing projects, detached single-family lots and mixed
uses north of the Ridenbaugh Canal. It is also found that lhe proposed uses can be designed and
constructed in a marmer that will be hannonious with and appropriate in appearance with the existing
and intended character of the surrounding area.
20.
It is not anticipated that the proposed uses will be hazardous or disturbing to
future or existing neighbors.
21.
It is found lhat the subject property will be served adequately by all essential
public facilities and services, wilh the exception of water service. Computer modeling indicates
that existing available fire flows and pressures will not be adequate to serve the
Commercial/office/multi-family area oflhe subdivision at present. The City of Meridian will be
bringing a new supply well on line in lhe Silverstone project within the next six to eight months,
and with the development ofthe Silverstone project, a new main will extend under lhe Ridenbaugh
Canal. According to the computer model, once these two items are complete fire flows and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-O2-004)
pressures will be adequate to serve lhe higher demands ofthe above mentioned areas.
22.
It is found that there will not be additional requirements at public cost and lhat
the armexation and zoning will not be detrimental to the community's economic welfare.
23.
It is found that the proposed uses will create additional traffic on both Eagle
and Victory Roads; however, sit is not believed lhat the increase in traffic will be excessive. It is also
not anticipated that the proposed development will generate traffic, noise, smoke, odors or other
nuisances that would be detrimental to the general welfare oflhe surrounding area.
24.
It is found that the proposed vehicular approach on Eagle Road aligns with the
existing entry into Thousand Springs Subdivision, and should not appreciably interfere with traffic
on the surrounding streets. The other major access (Victory) and stub-streets provided for within lhe
plat do not appear to be designed in a marmer that would create interference with traffic on
surrounding streets. The Applicant has provided a number of stub-streets to other properties for
interconnectivity in the future.
25.
It is found that no natural or scenic features of major irnportance will be lost or
damaged by approval of this annexation request. The overall design of the subjectpropertyinc1udes a
pathway adjacent to lhe Ridenbaugh Canal.
26.
It is found that the armexation of this property would be in the best interest
of the City by providing a variety of housing types, the addition of employment opportunities and
the creation of additional recreation facilities (pathways and a subdivision park).
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written request for
armexation and the real property being contiguous or adj acent to city boundaries and that said
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-O2-004)
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides lhe City may armex real property lhat is within lhe
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2.
The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing wilhin the City and State.
3.
The City of Meridian has exercised its aulhority and responsibility as provided by
"Local Land Use Plarming Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No.
629, January 4, 1994.
4.
The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Goals Section
Goal 4: To provide housing opportunities for all economic groups within the community.
Goal 8: To establish compatible and efficient use of land through the use of innovative and
functional site design.
Goal 3: To encourage the kind of economic growth and development which supplies employment
and economic self-sufficiency for existing and future residents, reduces lhe present reliance
on Boise and strengthens the City's ability to fmance and implement public improvements,
services, and its open space character.
Goal 9: To encourage a balance ofland use patterns to insure that revenues pay for services.
Economic Development
1.1 The City of Meridian shall make every effort to create a positive atmosphere that
encourages.. . commercial enterprises to locate in Meridian.
The character, site improvements and type of new commercial or industrial developments
should be hannonized with the natural environment and respect the unique needs and
features of each area.
1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan.
3.IU - Approve quality housing projects that meet the needs of all economic levels.
3.2U - Encourage efforts to develop and maintain quality neighborhoods and housing. . .
1.3
Land Use
I.IOU Promote lhe design of attractive roadway entryway areas into Meridian which will clearly
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-O2-004)
identify the community.
2.1 U - Support a variety of residential categories for the purpose of providing the Citywilh a range
of affordable housing opportunities.
2.4U - Encourage sidewalks and paved streets for all existing neighborhoods...
3.8 Industrial uses which require the storage or the production of explosive or hazardous
materials should not be located near residential areas, and should conform to disposal, spill
and storage measures as outlined by the U.S. EP A.
4.30 Encourage new commercial development in under-utilized existing commercial areas.
5.9 The integrity and identity of any adjoining residential neighborhood should be preserved
through the use of buffering techniques, including screen plantings, open space and other
landscaping techniques.
5.15 Strip development within this mixed-use area is not in compliance with the goals and
policies of the Comprehensive Plan.
5.16 Clustering of uses and controlled access points along arterials and collector streets will be
required.
5.17 Because these areas are near 1-84 and Franklin Roads, high-quality visual appearance is
essential. All development proposals in this area will be subject to development review
guidelines and conditional use permitting procedures.
Natural Resource & Hazardous Areas
2.1 U Development along major drainage ways will be restricted to ensure that development does
not cause additional ground or surface water contamination.
3.IU Manage and prevent unsuitable uses along drainage ways and protect the flood plain of
creeks and drains.
3.2U Protect the potential beauty and recreational trail opportunities of all Meridian waterways.
CommunitY Design
1.5 Open space areas within all development should be encouraged.
1.6 Major entrances to the City should be enhanced and emphasized. Unattractive land uses
along these entrances should be screened from view.
2.lU Require businesses and government to install and maintain landscaping.
2.3U Encourage the beautification of streets, parking lots. . .etc.
6.2U - Pedestrian access connectors will be required in all new development to link subdivisions
together to promote neighborhood identity.
6.11 U - Promote well-plarmed and well-designed affordable housing in all Meridian neighborhoods.
Transportation Chapter
1.19U - Encourage proper design of residential neighborhoods to ensurelheir safety and tranquility.
1.14 - Design and performance standards should be applied to infilling development in order to
reduce adverse impacts upon existing adjacent development.
1.18 - As Planned Development methods and standards are implemented by the City of Meridian,
variations pertaining to plarmed development - maximum density, dimensional standards,
and other requirements - shall not exceed 25% of the existing requirements, and shall be
recommended when one or more of the Plarmed Development design and developmental
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-O2-004)
objectives are met.
5.
The zoning of Low Density Residential District (R-4) and General Retail and Service
Commercial (C-G) are defined in the Zoning Ordinance at § 11-7-2 C and K as follows:
(R-4) Low Densitv Residential District: Only single-family dwellings shall be permitted
and no conditional uses shall be permitted except for plarmed residential development and
public schools. The purpose of the R-4 District is to permit the establishment oflow density
single-family dwellings, and to delineate those areas where predominantly residential
development has, or is likely to occur in accord wilh the Comprehensive Plan of the City, and
to protect the integrity of residential areas by prohibiting the intrusion of incompatible
nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per
acre and requires connection to the Municipal water and sewer systems of the City.
And
COG General Retail And Service Commercial District: The purpose ofthe CoG District
is to provide for commercial uses which are customarily operated entirely or almost
entirely within a building; to provide for a review of the impact of proposed commercial
uses which are auto and service oriented and are located in close proximity to major
highway or arterial streets; to fulfilllhe need of travel-related services as well as retail
sales for the transient and permanent motoring public. All such districts shall be
connected to the Municipal water and sewer systems of the City, and shall not constitute
strip commercial development and encourage clustering of commercial development.
6.
Since the armexation and zoning of land is a legislative function, the City has
authority to place conditions upon the armexation ofland. See Burt vs. The Citv ofIdaho Falls. 105
Idaho 65, 665 P2d 1075 (1983).
7.
The development of the armexed land, if armexed, shall meet and comply with lhe
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance oflhe City of Meridian.
8.
Pursuant to Section 11-16-4 A oflhe Zoning and Development Ordinance lhe owner
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONJNG/SUTHERLAND FARM - (AZ-O2-O04)
and/or developer shall enter into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
1.
The applicant's request for armexation and zoning of approximately 127.74 acres to
Low Density Residential District (R-4) and General Retail and Service Commercial (C-G) is granted
subject to the terms and conditions of this Order hereinafter stated.
2.
The application is for armexation and zoning of 127.74 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and
shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description
for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No.
686.
3.
Developer shall be required to met the conditions set forth and in the
event the conditions herein are not met by the Developer lhat the property shall be subject to de-
armexation, with the City of Meridian, which provides for the following conditions of development,
to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
1. Essential City services are available to lhe subject property.
2. Remove any existing domestic wells and/or septic systems within lhis project from lheir
domestic service per City Ordinance Section 5 7 517. Wells may be used for non-
domestic purposes such as landscape irrigation.
3. A development agreement shall be required as part oflhis armexation request.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-O2-004)
Adopt the Recommendations of the ACHD as follows:
I. Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the parcel by
means of a warranty deed. The right-of-way purchase and sale agreement and deed must
be completed and signed by lhe applicant prior to scheduling the final plat for signature
by the ACHD Commission or prior to issuance of a building permit (or other required
permits), whichever occurs first.
2. Dedicate 48-feet of right-of-way from the centerline of Victory Road abutting lhe parcel
by means of a warranty deed. The right-of-way purchase and sale agreement and deed
must be completed and signed by the applicant prior to scheduling lhe final plat for
signature by the ACHD Commission or prior to issuance of a building permit (or other
required permits), whichever occurs first.
3. Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-feet within
the new right-of-way. Coordinate the location and elevation of the sidewalk with District
staff. If the sidewalk meanders outside of the right-of-way, provide an easement for lhe
sidewalk.
4. Construct a 5-foot wide detached concrete sidewalk on Victory Road located 2-feet
within the new right-of-way. Coordinate the location and elevation oflhe sidewalk with
District staff. If the sidewalk meanders outside of the right-of-way, provide an easement
for the sidewalk.
5. Construct a center turn lane on Eagle Road for lhe East Easy Jet Drive intersection or
road trust for the improvements, whichever should occur first. The turn lane shall be
constructed to provide a minimum of 100-feet of storage with shadow tapers for both the
approach and departure directions. Coordinate lhe design oflhe turn lane wilh District
staff.
6. Construct a center turn lane on Eagle Road or road trust for the improvements, whichever
should occur first for the proposed shared driveway located on Eagle Road approximately
300-feet soulh ofthe north property line. The turn lane shall be constructed to provide a
minimum of 100-feet of storage wilh shadow tapers for bolh the approach and departure
directions. Coordinate the design of the turn lane with District staff.
7. Construct a center turn lane on Eagle Road for the East Copper Point Way intersection or
road trust for the improvements, whichever should occur first. The turn lane shall be
constructed to provide a minimum of 100- feet of storage with shadow tapers for both the
approach and departure directions. Coordinate the design of the turn lane wilh District
staff.
8. Construct a shared-driveway on Eagle Road for Lot 3, Block 2 and Lot 4, Block 2, as
proposed. This proposed shared-driveway is located on Eagle Road approximately 300-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-O2-004)
feet south of the north property line. This proposed driveway meets District policy and is
approved with this application.
9. Pave the driveway on Eagle Road that serves Lot 3, Block 2 and Lot 4, Block 2 its full
width of30 to 35-feet and at least 30-feet into the site beyond the edge of pavement of
Eagle Road and install pavement tapers with 15-foot radii abutting the existing roadway
edge.
10. Construct two main entrances to the subdivision, as proposed. The proposed main
entrance locations meet current District policy and are approved with this application.
a. East Easy Jet Drive is proposed to be located on Eagle Road approximately 850-
feet south of the north property line and is proposed to align with Easy Jet Drive.
East Easy Jet Drive shall be designed with 21-foot street sections on either side of
a center median. The median shall be constructed a minimum of 4-feet wide
(maximum 12-feet wide) to total a minimum of a 100-square foot area. The
applicant will be required to dedicate 54-feet of right-of-way plus the additional
width of the median.
b. South Bay Star Way is proposed to be located on Victory Road approximately
800-feet east of Eagle Road. South Bay Star Way shall be designed with 21-foot
street sections on eilher side of a center median. The median shall be constructed
a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 100-
square foot area. The applicant will be required to dedicate 54-feet of right- of-
way plus the additional width of the median.
c. Construct Easy Jet Drive west of South Nephrite Way as a commercial! industrial
roadway, as proposed. The roadway shall be constructed as a 40-foot street
section with curb, gutter, 5-foot wide concrete sidewalk within 54-feet of right- of-
way.
11. Designated Easy Jet Drive between South Nephrite Way and South Proud Way as a
residential collector street wilh no front-on housing. This roadway shall be constructed
as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks wilh access
restrictions stated on the final plat. Unless otherwise noted, parking shall be prohibited on
these street segments. Coordinate the signage plan wilh District staff.
12. Construct a commercial! industrial roadway that intersects East Copper Point Way
approximately 150-feet east of South Cobblestone Way, as proposed. This commercial!
industrial roadway meets District policy and is approved with this application. The
roadway shall be constructed as a 40-foot street section with curb, gutter, 5-foot wide
concrete sidewalk within 54-feet of right-of-way.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING!SUTHERLAND FARM - (AZ-O2-004)
13. Construct all public roads within lhe subdivision as 36-foot street sections with curb,
gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way, as proposed.
14. Extend Hollandale Street, an existing stub street into the site at the east property line that
is a part ofthe Muir Woods Subdivision, as proposed. Construct Hollandale Street as a
stub street with temporary bollards. A sign shall be placed on the bollards lhat states,
"this road will become an open connection when a public road to Overland Road is
constructed."
15. Extend Knapp Drive, an existing stub street, into the site at the south property line, as
proposed. Construct Knapp Drive as a stub street with temporary bollards. A sign shall
be placed on the bollards that states, "this road will become an open connection when a
public road to Overland Road is constructed."
16. Construct five stub streets, as proposed.
. The first stub street, Soulh Pond Way, is proposed to stub to the south property
line approximately 1900-feet east of Eagle Road.
. The second stub street, South Mueyah Way, is proposed to stub to the south
property line approximately 500-feet east of Eagle Road.
. The third stub street, East Publisher Street, is proposed to stub to the west
property line approximately 730-feet north of Victory Road.
. The fourth stub street, North Knapp Avenue is proposed to stub to lhe north
property line approximately I,OOO-feet ofthe east property line. This stub street is
proposed to cross lhe Ridenbaugh Canal.
. The fifth stub street, East Copper Point Way is proposed to remain as a stub at the
north property line approximately 1,250-feet west of the east property line.
17. Provide a paved temporary turnaround at the end of South Mureyah Way with a
temporary easement provided to lhe District and install a sign at the terminus of the
roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
Coordinate the sign plan for the stub street, and the design oflhe turnaround with District
staff.
18. Submit preliminary drawings for lhe cost of constructing lhe bridge from Sutherland
Fanns to the North property line. The applicant shall road trust for one half of the total
cost ofthe plans, material and labor to construct the bridge. The road trust or the
construction of the bridge shall be phased according to final platting and traffic warrants.
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-O2-004)
19. Construct North Knapp Avenue as 36-foot street sections with curb, gutter and 5-foot
wide concrete sidewalks. The applicant shall be designated this roadway as a residential
collector street wilh no front-on housing with access restrictions for these street segments
stated on the final plat. Unless olherwise noted, parking shall be prohibited on these
street segments. Coordinate lhe signage plan wilh District staff.
20. Construct an alley located on Soulh Nephrite Way north of East Rolfe Street, as
proposed. The alley shall have a minimum of 16-feet of right-of-way and shall be
improved by paving the full width and length of the right-of-way. Dedication of clear
title to the right-of-way, improvement of the alley, and acceptance of the improvement by
the District as meeting its construction standards are required for all alleys contained in a
proposed development.
21. Construct ACHD approved turnarounds at the end of East Shergar Court, East Moner
Court, East Spur Court, South Halo Place, East Hillis Court, East Legal Place and the
urmamed cul-de-sac roadway that extends soulh from East Copper Point Way. Submit a
design of the turnaround for review and approval by District staff.
22. The residential turnarounds shall be constructed to provide a minimum turning radius of
45-feet and the commercial turnarounds shall be constructed to provide a minimum
turning radius of 55-feet. The applicant shall also be required to provide a minimum of a
29-foot street section on either side of any proposed center islands within lhe turnarounds.
The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-
square foot area. Dedicate 54-feet of right-of-way plus the additional widlh of the
median.
23. Any proposed landscape islands/medians within lhe public right-of-way dedicated by this
plat shall be owned and maintained by a homeowners association. Notes of this shall be
required on lhe final plat.
24. Replace any existing damaged curb, gutter and sidewalk and any lhat may be damaged
during the construction oflhe proposed development.
25. Any existing irrigation facilities shall be relocated outside oflhe right-of-way.
26. Utility street cuts in pavement less lhan five years old are not allowed unless approved in
writing by the District.
27. All utility relocation costs associated with improving street frontages abutting lhe site
shall be borne by lhe developer.
28. Other than lhe access points specifically approved with this application, direct lot or
parcel access to Eagle Road and Victory Road is prohibited. Lot access restrictions, as
required with this application, shall be stated on lhe final plat.
FllIDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-O2-004)
29. Comply with alilhe Standard Requirements listed within the ACHD report with lhe date
of the ACHD Commission Date - May 8,2002.
Adopt the Recommendations of the Meridian Fire Department as follows:
I. That a fire-flow consistent with Appendix ill-A of the Uniform Fire Code be provided to
service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997
UFC Appendix ill-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Acceptance ofthe water supply for fire protection will be by the Meridian Water
Department.
4. Final approval oflhe fire hydrant locations shall be by the Meridian Fire Department.
5. All internal & external roads shall have a radius of28' inside and 48' outside radius.
6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per
section 1103.2.4 of the Uniform Fire Code.
7. The roadways shall be built to Ada County Highway Standards.
8. The proposed buildings & uses shall comply with lhe 1997 Uniform Fire Code.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. If a pressure urban irrigation system will be owned, operated and maintained by the
District, contact the District pertaining to the installation of the pressure urban system.
2. Fill out questionnaire and return to the District to initiate lhe process of contractual
agreements between lhe owner or developer and lhe District for lhe ownership, operation
and maintenance oflhe pressure urban irrigation system.
Adopt the Recommendations of the Parks and Recreation Department as follows:
I. The neighborhood park located in Block I, Lot 54 shall be far more functional and
appealing as a subdivision amenity if the seven lots in lhe southeast corner were
eliminated. Four of the seven lots have been deleted, and lherefore, to allow for the 5-
acre park, the three remaining lots in the soulheast corner shall need to be deleted. This
would expand lhe visibility corridor and increase the park size to approximately 5 acres.
The Parks Department has a 5-acre minimum for a city owned Neighborhood Park. If the
FINDINGS OF FACf AND CONCLUSIONS OF LAW - Page 23
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-O2-O04)
maintenance costs for the 5-acre private park were a burden for lhe homeowners in lhe
future, the Parks Department would consider maintaining the site if it was deeded to the
City.
2. The Pathway shall be constructed as follows:
a.
Ten-foot-wide hard surface wilh ground sterilent, 6 inch compacted road mix, and
2 inches of asphalt (specs available).
Path shall be located at the base of the Ridenbaugh Canal bank or adjacent to the
canal maintenance road.
A 6-foot-high medal fence shall be installed between the path and the canal.
The path shall be a minimum of 10feet from lhe back property lines.
The property line fencing adjacent to the path shall be see through or a maximum
of 4-feet-high, if solid.
Bollards, garbage cans, and benches shall be installed per park department
standards.
b.
c.
d.
e.
f.
Adopt the action of the City Council taken at their July 16, 2002 meeting as follows:
1. The applicant shall restrict the building of homes on Lots 12, 13 and 14 of Block 9 and
Lots 5 and 6 of Block 9, and Block 15, Lots 12, 13 and 19, and Block 16, Lots I, 5, 6, 7,
8,9,10 and II, not to exceed a peak height of25' or less.
2. The Memorandum of Understanding, dated June 13, 2002, between lhe developer,
Sutherland Fann, Inc. for Sutherland Fann Subdivision, and Mr. Gale Sasser, pertaining
to the design elements for the interface between lhe two properties to ensure
compatibility, shall be complied with by Sutherland Fann, ,Inc. as agreed upon between
the two parties.
3. An 8 foot cedar fence shall be built along the entire length of the western and northern
property boundaries.
4. Landscaping shall be extensive wilh a mixture of evergreen and deciduous trees and
agreed upon between the applicant and adjacent property owners.
5. The applicant shall increase the rear setback of30 feet for Lots 2, 3, 4, 5, 6,7, and 8 of
Block 9.
6. The proposed bridge over lhe Ridenbaugh Canal shall require bonding by ACHD for
construction oflhe bridge prior to signature on lhe final plat. ACHD shall determine a
Letter of Credit amount that lhe applicant shall post to pay lheir portion of the
construction of the bridge.
7. The site which lies west of the residential area, and the commercial general use area to lhe
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-O2-004)
north, shall require conditional use permits.
8. Applicant shall install water along their frontage, and when the water is extended from
Eagle Road through the development, the water shall be used for future phases, and shall
be positioned along the public road that is planned for and when lhe fIrst phase along
Victory Road. The water shall be available to anyone adjacent to it on either end.
9. A Latecomers Fee for sewer service through the Silverstone Subdivision is required, and
if required, a Well Development Latecomers Fee shall be entered into.
10. Applicant shall provide temporary turnarounds for the designated stub streets which are
over 150 feet in length.
II. Applicant has only submitted a conceptual plan on the office uses to date, at a later time
applicant shall submit a detailed CUP for the planned development for lhe office uses.
However, the commercial uses north of the Ridenbaugh Canal are not proposed to be part
ofthe PD and shall be zoned separately.
4.
The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the armexation and zoning designation ofthe real property which is lhe
subject of the application to Low Density Residential District (R-4) and General Retail and Service
Commercial District (C-G), and Meridian City Code § 11-7-2 C and K.
5.
Subsequent to the passage oflhe Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the appropriate
mapping changes oflhe official boundaries and zoning maps as provided in Meridian City Code §
11-21-1 in accordance with lhe provisions oflhe armexation and zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice lhat this is a fmal action oflhe 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 lhe issuance or denial of the annexation and zoning and who
may within twenty-eight (28) days after lhe date of this decision and order seek ajudicial review as
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUTHERLAND FARM - (AZ-O2-004)
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
6-1~
day of
ffi~r-f-
Co'
,2002.
ROLLCALL
COUNCILMAN KEITH BIRD
VOTEDÆtc...-
COUNCILWOMAN TAMMY deWEERD
VOTED-f/!--
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED*
COUNCILMAN WILLIAM 10M. NARY
VOTED~~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: ð - 6 -1}2-
VOTED---==:
MOTION:
APPROVED~APPRO VED,-
Copy served upon Applicant, the Plarming and Zoning Department, Public Works Department and
the City Attorney. ",,'11111" """"!II
"" _I OF M£R!/' III!
" :\' V/. !,
fl-' ~ ~ (l /, f~ c} .:tc,of>.POFv¡r<,() "1~ ~\
BJTÆ£tr~/~/.J.- yøated: ¡V-/.f..v4 ~
City Clerk ~
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUTIIERLAND FARM - (AZ-O2-004)