Sherbrooke Village Subdivision
PARTIES: 1.
2.
r~~A;~~~~D.ED.REQUESTOF
ADA~DfNr~cÕm- , ~ ~
J. DAVID NAVARRO. fEEÇL/ DEPUTY
BOISE. IDAHO -
DEVELOPîtJlíl2êGf1tflw:fT zrr,99 I 05397
City of Meridian
Gem Park II, a General Partnership Dividend
Development, Inc. and The Westpark Company, Inc.,
General Partners
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this 51.!.: day of t1~ ,1999, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and GEM P ARI( II, A GENERAL PARTNERSHIP
DIVIDEND DEVELOPMENT, INc. and THE WESTPARI( COMPANY,
INc., GENERAL PARTNERS, hereinafter called "DEVELOPER", whose
address is Dividend Development, Inc. - 6223 N. Discovery Way, Boise, Idaho
83713, and The Westpark Company, Inc. - P.O. Box 344, Meridian, Idaho
83680.
1.
RECITALS:
1.1
1.2
WHEREAS, "Developer" is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State
of Idaho, described in Exhibit A, which is attached hereto
and by this reference incorporated herein as if set forth in
full, herein after referred to as the "Property"; and
WHEREAS, r.c. §67-6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the owner or "Developer" malœ a written
commitment concerning the use or development of the
subject "Property"; and
1.3
WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-2-416L and 11-2-417D,
which authorizes development agreements upon the
annexation and/or re-zoning of land; and
1.4
WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property"s described in
Exhibit A, and has requested a designation of Low Density
Residential District (R-4), (Municipal Code of the City of
Meridian); and
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDIVISION - 1
1.5
WHEREAS, "Developer" made representations at the
public hearings both before the Meridian Planning &
Zoning Commission and before the Meridian City Council,
as to how the subject "Property" will be developed and
what improvements will be made; and
1.6
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning & Zoning
Commission, and subsequently before the City Council,
include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
1.7
WHEREAS, City Council, the - day of -' 1999,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
1.8
WHEREAS, the "Findings" require the "Developer" enter
into a development agreement before the City Council
takes final action on annexation and zoning designation;
and
1.9
"DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at its
urging and requests; and
1.10 WHEREAS, "City" requires the "Developer" to enter into
a development agreement for the purpose of ensuring that
the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions
of this development agreement, herein being established as
a result of evidence received by the "City" in the
proceedings for annexation and zoning designation from
government subdivisions providing services within the
planning jurisdiction and from affected property owners
and to ensure annexation and zoning designation is in
accordance with the Comprehensive Plan of the City of
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDIVISION - 2
Meridian adopted December 21,1993, Ordinance #629,
January 4, 1994, and the Zoning and Development
Ordinance codified in Title 11, Municipal Code of the City
of Meridian.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in fill!.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1
3.2
3.3
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 of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
"DEVELOPER": means and refers to Gem Park II, a
General Partnership Dividend Development, Inc. and The
Westpark Company, Inc., General Partners, hereinafter
called "DEVELOPER", whose address is Dividend
Development, Inc. - 6223 N. Discovery Way, Boise, Idaho
83713, and The Westpark Company, Inc. - P.O. Box 344,
Meridian, Idaho 83680, the party developing said
"Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
USES PERMITTED BY THIS AGREEMENT:
4.1
The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDIVISION. 3
codified at Section 11-2-408 B 3. Meridian City Code
which are herein specified as follows:
(R-4) Low Density Residential District: Only single-family
dwellings shall be permitted and no conditional uses shall
be permitted except for Planned Residential Development
and public schools. The purpose of the (R.4) District is to
permit the establishment of low density single-family
dwellings, and to delineate those areas where
predominately residential development has, or is likely to
occur in accord with the Comprehensive Plan of the City,
and to protect the integrity of residential areas by
prohibiting the intrusion of incompatible non-residential
uses. The (R-4) District allows for a maximum of four (4)
dwelling units per acre and requires connection to the
Municipal Water and Sewer systems of the City of
Meridian.
4.2
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
5.1
"Developer" shall develop the "Property" in accordance
with the following special conditions:
5.1.1 Submit a subdivision plat application of the
property to the "City" to be approved by the "City"
and recorded in the Ada County Recorder's office
prior to any development.
5.1.2 The property shall have lot sizes of at least Eight
Thousand (8,000) square feet, which is the size
represented at the City hearings, and shall meet all
of the requirements of the R-4 zone including a
minimum house size of Fourteen Hundred (1,400)
square feet, and have no duplex units, townhouses,
or patio homes constructed on said property.
5.1.3 There shall be no change to increase the number of
lots or reduction of the size of lots as shown in the
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDNISION - 4
preliminary plat by the "Developer" as approved by
the "City", which is incorporated herein as if set
forth in full herein.
5.1.4 "Developer" will file or cause to be filed with the
City Engineer, a complete set of "Subdivision
Improvement Plans" ("Improvement Plans")
showing all street, utilities, pressurized irrigation,
facilities, fire hydrants, extensions of water lines to
and along the exterior boundary of such property,
landscaping, drainage, street and other similar
signing and barricades, and other such
improvements contemplated within the
development, which Improvement Plans and all
improvements shown thereon shall meet the
approval of the City Engineer. Said Improvement
Plans are incorporated herein and made a part
hereof by reference.
5.1.5 "Developer" will, at his or their own expense,
construct and install all sanitary sewers, storm
drains, pumping stations, water mains and
appurtenances, fire hydrants, curbs and gutters,
pressurized irrigation system, electrical transmission
lines, natural gas lines, telephone lines, sidewalks,
cross drains, street, street surfacing, street signs, and
barricades as well as any and all other improvements
shown on the Improvement Plans as reviewed and
approved by the "City".
5.1.5.1 "Developer" agrees that no Certificates of
Occupancy will be issued for any building or
use on a lot until all improvements have been
installed, completed and accepted by the
"City" for any phase.
5.1.6 "Developer" will construct and install all such
improvements in strict accordance with the filed and
approved plat and Improvement Plans, and the City
Standard Engineering Drawings and Standard
Engineering Specifications current and in effect at
the time the construction of said improvements is
accomplished.
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDIVISION - 5
5.1.7 "Developer" will provide the City Engineer with at
least fifteen (15) days advance written notification
of when and of what improvements he intends to
complete and the time schedule therefor; and agrees
to make such modifications and/or construct any
temporary facilities necessitated by such phased
construction work as shall be required and approved
by the City Engineer.
5.1.8 "Developer" will have "corrected" original drawings
of the Improvement Plans of all said improvements
prepared by a Registered Professional Engineer and
will provide the "City" with said Plans or a duplicate
mylar copy of said Plans. The Improvement Plans
of the proposed improvements shall be "corrected"
to show the actual constructed location (both
horizontally and vertically) of the various water and
sewer lines, all utility lines, and pressurized
irrigation lines and their individual building service
lines, the curb and gutter alignment and grades, etc.
The "corrected" Subdivision Improvement Plans
shall include a "Certification" thereon, signed by the
Registered Professional Engineer in charge of the
work, that said Plans of the various improvements
are true and correct.
5.1. 9 "Developer" shall, immediately upon the completion
of each of the two phases of said development,
notify the City Engineer and request his inspection
and written acceptance of such completed
improvements or portion thereof.
5. 1. 1 0 "Developer" agrees, that upon a Finding by the City
Council, duly entered in the official minutes of the
proceedings of the City Council, that a portion, or
portions, or the entirety of said improvements need
to be completed in the interest of the health, welfare
and/or safety of the inhabitants of the "City", the
"Developer" will, within a reasonable time as
determined by the "City", construct said needed
improvements, or, if "Developer" does not so
construct within a reasonable time after written
notification of such Council action, and the "City"
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDIVISION - 6
thereafter determines to construct, and does
construct such improvement, or improvements, the
"Developer" will pay to the "City" the actual costs
paid or incurred by the "City" for such
improvements so constructed by the "City", plus
interest thereon at an annual interest rate equal to
the prime interest rate of First Security Bank of
Idaho ¡;ill!§. five percent (5.0%) until paid, said
payment to be made in such manner and under such
terms as the "City" shall order after conference with
the "Developer". Provided, however, the City
Council shall not make the Findings set forth in this
paragraph except at a regtùar or special meeting of
the City Council, duly held, and unless the
"Developer" has been notified in writing of the time
and place of such meeting at least three (3) days
prior thereto and has been given an opportunity to
be present in person or by counsel, and to be heard
on the merits of the proposed Finding.
5.1.11 "Developer" agrees that upon his, its, or their having
received written notification from the City Engineer,
that any of the requirements herein specified have
not been complied with, that the "City" shall have
the right to withhold the issuance of any Certificates
of Occupanc;y within such phase and/or shall have
the right to withhold the providing of culinary water
service to any part, parcel, or portion of such
annexed area until such time as all requirements
specified herein have been complied with; provided,
however, the "Developer" shall have the right to
appear before the City Council at any regular
meeting after any Certificate of Occupancy or any
water service shall have been withheld for reasons
set forth in this paragraph, and shall have the right
to be heard as to why such Certificate of Occupancy
shotùd be issued or water service allowed. The
Council shall then decide whether said Certificate of
Occupancy shall be issued or water service to said
property allowed, and its decision shall be final,
except that the rights of the parties are preserved at
law and equity including, but not limited to, the
right of appeal to a court of competent jurisdiction.
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDIVISION - 7
5.1.12 The "City" may also require surety bonds,
irrevocable letters of credit, cash deposits, certified
checl<s or negotiable bonds, as allowed under 11-9-
606 C of the Revised and Compiled Ordinances of
the City of Meridian, to insure the installation of
the improvements, and the "Developer" agrees to
provide such, if required by the "City".
5.1.13 "Developer" agrees that as security for the
construction by the "Developer" of the Project
Improvements, the "City" shall require from the
"Developer" irrevocable letter(s) of credit, cash
deposit(s), certified check(s), or negotiable bond(s)
as allowed under Section 11-9-606 C of the Revised
and Compiled Ordinances of the City of Meridian,
and the "City" shall have the right to withhold a
building permit with respect to any lot within the
property until the same is provided by the
"Developer". Said improvements shall include, but
not be limited to, sewer, water, curb, gutter and
sidewalks, irrigation and drainage piping,
pressurized irrigation system, landscaping and
berming, and fencing.
5.1.14 "Developer" agrees to construct a perimeter fence
around construction areas to contain debris prior to
any construction, except where roadways and streets
for access are located and except where the "City"
has agreed in writing that such fencing is not
necessary.
5.1.15 "Developer" agrees that those portions of the water
main, including any water line extensions, increased
line size or capacity, are required because of future
service needs originating from properties not owned
by "Developer" and located within the vicinity of
the "Property". That sound planning requires
construction thereof at the present time in order to
accommodate future expansion and development.
In recognition of the cost savings which can be
accomplished by construction of such excess
capacity and/or improvements separately or at a
later time, "Developer" agrees to design and
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDIVISION - 8
construct such facilities subject to the "City's"
agreement to enter into a late comers agreement to
reimburse "Developer" for a portion of the costs of
such excess capacity. "Developer" agrees to obtain
three independent bona fide bids for the
performance of such work from qualified and
responsible contractors and shall deliver copies of
such bids to the "City" prior to the commencement
of such work. Such bids shall be solicited and
itemized in a manner which allows clear and specific
identification of that portion of the construction
work for which the "City" may possibly agree to
enter into a late comers agreement. The "City's"
obligation to enter into a late comers agreement to
help "Developer" to pay for such costs shall be
limited to the lowest of such bids irrespective of
whether the lowest bidder is in fact selected by
"Developer" to perform the work.
5. 1. 16"Developer" agrees that no Certificates of
Occupanc;y will be issued until all improvements are
completed, unless the "City" and the "Developer"
have entered into an addendum agreement stating
when the improvements will be completed in a
phased development; in any event, no Certificates
of Occupanc;y shall be issued in any phase in which
the improvements have not been installed,
completed, and accepted by the "City".
5 .1.17 "Developer" covenants and agrees that, in
connection with the development of the Subject
Property as may be approved by the "City" pursuant
to the Preliminary Plat Application filed by
"Developer", "Developer" shall, at its cost and
expense, do and perform the following:
5.1.17.1
Landscaping - Victory Road.
Construct a landscape strip within the
Subject Property along the full length
of the Subject Property adjacent to the
north right-of-way line of Victory Road
("Victory Road Landscaping"). The
Victory Road Landscaping shall be a
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDIVISION - 9
5.1.17.2
5.1.17.3
5.1.17.4
minimum of twenty feet (20') in width
beyond required ACHD right-of-way.
The Victory Road Landscaping will be
landscaped and sprinlder irrigated in
accordance with a landscape plan to be
submitted by "Developer" and
approved by the "City".
Sidewalk - Victory Road. Prior to
obtaining a building permit on the
Subject Property, deposit funds with
the Ada County Highway District for
construction of a five-foot (5') concrete
sidewalk or construct along the full
length of the Subject Property adjacent
to the south boundary of the subject
property ("Victory Road"). The
Victory Road sidewalk shall be
constructed in accordance with the
standards and specifications of the Ada
County Highway District (hereafter
"ACHD") in effect at the time of
construction.
Dedication/Sale of Additional Right-of
Way - Victory Road. Dedicate or sell
land adjacent to the existing north
right-of-way line of Victory Road
required to meet ACHD's requirement
for a forty-eight foot (48') right-of-way
from the centerline of Victory Road,
including any necessary bike lanes.
Internal Roads. Construct the internal
roads through the Subject Property as
shown on the final plat at the time of
development of the Subject Property.
The roads shall be in the location and
of the dimensions shown on the
approved plat and as approved by Ada
County Highway District.
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDNISION - 10
5.1.17.5
5.1.17.6
5.1.17.7
5.1.17.8
Subdivision Plat(s). "Developer" shall
timely prepare, submit, and obtain the
required approval by the "City" of a
subdivision plat for the Subject
Property, said plat to be in conformity
with the requirements of the
Ordinances of the City of Meridian
and State Code and preliminary plat
approval.
Plan Approvals. Timely submit and
obtain the required approval by the
"City" all building plans, lighting plans,
landscaping plans, and other plans
relating to the development of the
Subject Property in accordance with
the Meridian City Ordinances.
Compliance with ACHD Conditions of
Approval. In the development of the
Subject Property, comply with the
terms and conditions of the approval
by ACHD of the development of the
Subject Property, as set forth in the
ACHD Staff Report. A master
drainage plan shall be submitted to
ACHD and shall be approved prior to
construction of the development. In
cases where ACHD's and the "City's"
conditions of approval conflict, the
conditions which are more restrictive
shall take precedence.
Canals. Ditches and Waterways. Tile
all canals, ditches and other waterways
on the Subject Property and submit
evidence of appropriate approvals from
the irrigation district and/or
downstream water users.
Water and Sewer Service. Connect all
water and sewer facilities within the
Subject Property to the municipal
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDIVISION - 11
5.1.17.9
water and sewer service of the City of
Meridian. All water and sewer facilities
constructed or installed by "Developer"
on the Subject Property shall be in
accordance with plans and
specifications therefor which shall be
first approved by the "City".
5.1.17.10
Landscaping - General. Construct and
install all landscape areas, as shown on
plans to be submitted and approved by
the "City", with sod and sprinkler
irrigation system. All shrubs and trees
planted on the Subject Property will
comply with the "City's" landscape
requirements, unless otherwise
expressly approved by the "City".
5. 1.1 8 Lighting. All lighting will be designed in
accordance with Meridian Ordinance Section 2-
414.D.3 and approved by the Meridian City
Engineer. No glare or illumination of adjacent
properties, as determined by the "City", will be
permitted.
5 .1.19 Maintenance of Landscaping. All landscaping
referenced in this agreement shall be perpetually
maintained in a neat, aesthetically pleasing and
workmanlike manner by the "Developer" or the
Sherbrooke Village Home Owners Association.
5.1.20 Pressurized Irrigation. Provide pressurized irrigation
to all lots within this subdivision. Evidence of
approvals from appropriate irrigation district/canal
company and downstream water users must be
submitted to the "City".
5.1.21 Fencing. Perimeter fencing (required prior to
obtaining building permits). The fence shall be six
feet (6') in height and shall be permanent and
constructed of non-combustible materials.
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDIVISION - 12
5.1.22Meet the requirements and conditions of the
Findings of Fact and Conclusions of Law and meet
all Ordinances of the "City".
5.1.23Extension of the Nine Mile Sewer Trunk Line. The
application will be responsible for extension of the
Nine Mile Sewer Trunk Line. The sewer trunk line
will be extended through the subject property to
Victory Road.
5.1.24 The developer shall be responsible for payment of
assessments, and the actual physical connection to
the municipal sewer and water system, of the
existing home located on Lot 21, Block 7. Fees are
to be paid prior to signature of City Engineer on the
final plat.
5.1.25 "Developer" agrees to comply with the requirements
of the Meridian Police Department" Meridian Fire
Department, Meridian City Engineer, Meridian
Planning and Zoning Director, Ada County
Highway District (hereinafter "ACHD"), Central
District Health Department and the Nampa-
Meridian Irrigation District.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developer" or
"Developer"'s heirs, successors, assigns, to comply with Section 6 entitled
"Conditions Governing Development of subject "Property" of this agreement
within two (2) years of the date this Agreement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in r.c.
§ 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDIVISION - 13
7.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Developer" and if the
"Developer" fails to cure such failure within six (6) months
of such notice.
8. INSPECTION: "Developer" shall, immediately upon completion
of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City
Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion thereof in accordance with the terms
and conditions of this Development Agreement and all other ordinances of
the "City" that apply to said Development.
9.
DEFAULT:
9.1
9.2
In the event "Developer", "Developer"'s heirs, successors,
assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to
faithfully comply with all of the terms and conditions
included in this Agreement in connection with the
"Property", this Agreement may be modified or terminated
by the "City" upon compliance with the requirements of
the Zoning Ordinance.
A waiver by "City" of any defawt by "Developer" of any
one or more of the covenants or conditions hereof shall
apply solely to the breach and breaches waived and shall
not bar any other rights or remedies of "City" or apply to
any subsequent breach of any such or other covenants and
conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer"'s cost, and submit proof of such recording to
"Developer", prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and zoning of the "Property" by the City
Council. If for any reason after such recordation, the City Council fails to
adopt the ordinance in connection with the annexation and zoning of the
"Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDIVISION - 14
11. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer", or by any successor
or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein.
12.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer" shall have thirty
(30) days after delivery of notice of said breach to correct
the same prior to the non-breaching party's seeking of any
remedy provided for herein; provided, however, that in the
case of any such default which cannot with diligence be
cured within such thirty (30) day period, if the defaulting
party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time allowed
to cure such failure may be extended for such period as
may be necessary to complete the curing of the same with
diligence and continuity.
12.2 In the event the performance of any covenant to be
performed hereunder by either "Developer" or "City" is
delayed for causes which are beyond the. reasonable control
of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience,
strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under 11-9-606 C of the Meridian City Code, to
insure that installation of the improvements, which the "Developer" agrees to
provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees
that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" and "Developer" have entered into an addendum
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDNISION - 15
agreement stating when the improvements will be completed in a phased
developed; and in any event, no Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed, completed, and
accepted by the "City".
IS. ABIDE BY ALL CITY ORDINANCES: That "Developer"
agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the
City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
DEVELOPER:
Gem Park II, a General Partnership
Dividend Development, Inc. and
The Westpark Company, Inc., General
Partners
6223 N. Discovery Way
Boise, Idaho 83713 or
P.O. Box 344
Meridian, Idaho 83680
c/o City Engineer
City of Meridian
E. Idaho Ave.
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
16.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
17. ATTORNEY FEES: Showd any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDIVISION - 16
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto aclmowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion,
had determined that "Developer" has fully performed its obligations under this
Agreement.
20. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer"
and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or
implied, between "Developer" and "City", other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the parties hereto
unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDNISION - 17
21.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the ""City" has
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDNISION - 18
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
GEM PARI( II, A GENERAL
PARTNERSHIP
BY: f2s;j2.- -
DMDEND DEVELOPMENT,
INc., GENERAL PARTNER
ATTEST:
BY~SPLUTION NO.-
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, ÀTtEST:'!~
GEM PARI( II, A GENERAL
PARTNERSHIP
B~
( COMPANY,
INc., GENERAL PARTNER
BY RESOLUTION NO.-
CITY OF MERIDIAN
STATE OF IDAHO
:ss
COUNTY OF ADA
On this¿;tS'(day of ~~, in the year 1999, before
me, &~ (.... '&t.JCAoI""""" a Notary Public, personally appeared
eUt~ l... ~Utl~ and known or
identified to me to be the s,~u."1?rIei and of
said Dividend Development, Inc., that executed the instrument or the persons
who executed the instrument on behalf of said corporation, and acknowledged to
me that said. corporation executed the same.
. "
(SEAL)
0 ry Public for Idaho
Commission expires: ~,;} , :;H;:>òò
STATE OF IDAHO
:ss
COUNTY OF ADA ) .3¡k
On <hi, .LLj of -- '" IYL . ""he y= 1999,
before me, .3Ie¡J.Vf/ 1. e~ Notary Public, personally appeared
Gre 'c;'r .B. ~NJd( and - known or
ident fied to me to be the /-{S).:I.t..-.r and ~of
said The Westpark Company, Inc., that executed the instrument or the
pe~soh~;"Yh96cecuteß,the instrument on behalf of said corporation, and
::,~f}ili~)ýl~¡~~~.t?>'~\~~at said corporation executed the same.
:'i";';"~~~J)::,j¡.~t,::'¡,~ ..".' ~
'..........,..,..,.,..w,""~~..."...~,;!~,.,.y¿',~,'.t.'.í."¡.;.\.:.i-:'.'."".'. ".'. --r-' .
'<~¡ $'<3.~~'/"'~~. ?~~- ,:(~'!1'~' I" '
~.X.:":/;;/¡'SA1AFl., . .. . y};\ ':/I \)1('..' \ Nota Public for Idaho
",". :~~",. -',
(;.,.;",~" :\".":""". '. ':::* ~:tl;, .,' Commission expires: 3'~/¡;;J .2-I7ÒO
'r~¡~\:t;<.~~t\;.~~l ,.'"
"':':'\',:'. ~ i:"~""'\Q'f-"
" <:>')"';""~I;'~~""~"'"
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDIVISION - 20
STATE OF IDAHO
County of Ada
On this
:ss
/I) d day of ~AJ
, in the year 1999,
~!J~
Notary Public for Idaho
Commission expires: II-ó).JJf
ms&,Z:\Work\M\Meridian 15360MlSherbrooke Hollows No.3IDeve1opAgrSherVILIAGE
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDIVISION - 21
Legal Description Of Property
EXHIBIT A
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDIVISION - 22
EXHIBIT "A"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
GEM PARK II
A parcel of land being a portion of the SE Yo of the SW Yo of Section 20, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, said parcel being more particularly
described as follows:
Commencing at the iron pin marking the corner common to Sections 19, 20, 29 and 30, T. 3N.,
R. 1 E., B.M., Ada County, Idaho;
Thence S 89°34'22" E 1,340.30 feet along the southerly boundary of the SW Yo of said Section
20to the SW corner of the SE Yo of the SW Yo of said Section 20, thence N 00°34'24" E 25.00
feet to a point on the northerly right-of-way of E. Victory Road the REAL POINT OF
BEGINNING of this description;
Thence N 00°34'24" E 506.00 feet along the westerly boundary of the SE Yo of the SW Yo of
said Section 20 to a point;
Thence S 89°32'04" E 639.99 feet to a point on the easterly boundary of the W y" of the SE Yo
of the SW Yo of said Section 20;
Thence S 00°34'22" W 505.60 feet along the easterly boundary of the W y" of the SE Yo of the
SW Yo of said Section 20 to a point on the northerly right-of-way of E. Victory Road;
Thence N 89°34'12" W 640.00 feet along the said right-of-way to the REAL POINT OF
BEGINNING of this description, said parcel containing 7.80 acres, more or less.
EXHIBIT "A"
SHERBROOKE VILLAGE SUBDIVISION DEVELOPMENT AGREEMENT
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT FOR SHERBROOKE VILLAGE SUBDIVISION - 23
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
CITY OF MERIDIAN
SHERBROOKE VILLAGE SUBDIVISION
WESTPARK COMPANY. INC.
RECEIVED
JUl 09 1998
CITY OF MERIDIAN
ANNEXATION AND ZONING
NORTH OF VICTORY AND WEST OF EAGLE ROAD
SE Yo SECTION 20. T. 3N.. R. 1E.
MERIDIAN. IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application havjng come on for consideration
on June 17, 1998, hearing, at the hour of 7:00 o'clock p.m. on said date, at the Meridian
City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning
Commission having heard and taken oral and written testimony and the Applicant's
Representative, BECKY BOWCUTT, appearing in person, and having duly considered
the matter, the Planning and Zoning Commission makes the following:
FINDINGS OF FACT
1. That notice of public hearing on the annexation and zoning was published for
two (2) consecutive weeks prior to the said public hearings scheduled for June 17, 1998.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
SHERBROOKE VILLAGE SUBDIVISION R-4
ANNEXATION AND ZONING
1
the first publication of which was fifteen (15) days prior to said hearing; that the matter
was duly considered at the June 17, 1998, hearing; that the public was given full
opportunity to express comments and submit evidence; and that copies of all notices
were available to newspaper, radio and television stations;
2.
That the property included in the application for annexation and zoning is
described in the application, and by this reference is incorporated herein; the property is
approximately 7.58 acres in size; it is North of Victory and Y. mile East of Locust Grove,
Ada County, Idaho.
3.
That the property is presently zoned by the County RT (Rural Transition);
that the Applicant has requested that the property be zoned R-4 Residential.
4.
The general area surrounding the property is used agriculturally and
residentially; that much of the residential property in the area is zoned R-4 Residential
with some of it developed at less density than allowed in the R-4 zone; that Sherbrooke
Village Subdivision will be an R-4 development.
6.
property.
7.
5.
That the property is adjacent and abutting to the present City limits.
The Applicant, Westpark Company, Inc., is not the owner of record of the
That the property included in the annexation and zoning application is within
the Area of Impact of the City of Meridian.
8.
That the parcel of ground is included within the MeridianÜrban Service
Planning Area as the Urban Service Planning Area is defined in the Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
SHERBROOKE VILLAGE SUBDIVISION R-4
ANNEXATION AND ZONING
2
Comprehensive Plan.
9.
That the Application requests that the parcel be annexed and zoned R-4
Residential.
10.
That the property can be serviced with City water and sewer.
That the public testimony given at the hearing before the Planning and
11.
Zoning Commission was as follows:
12.
Mrs. Becky Bowcutt was sworn in by the Assistant City Atttorney. She noted
that the proposed Sherbrooke Village subdivision abuts up against the approved
Sherbrooke Hollow subdivision. She noted that there was one existing home on the
parcel that will remain. She noted that the streets in the subdivision will be 37 foot
sections with 5 foot sidewalks on both sides. She noted that the highway district
requested a 45 foot right of way. Further, they require 5 feet of detached sidewalks on
Victory Road. There wi! be 31 lots with 2.82 dwelling units per acre. The lots will be 8,000
square feet with the required 80 foot frontage. The developer is working with the Nampa-
Meridian Irrigation District to pipe and relocate a ditch that exrtends to the Nine Mile
Drain. She noted that the 31 lots would connect to the pressurized irrigation in
Sherbrooke Hollow. They will have a shallow well as a secondary source of water. She
noted that they received a permit from the Dept of Water Resources for the secondary
well in the event of an emergency. They have otherwise entered into a license
agreement with Nampa -Meridian Irrigation District to take over the system.
13.
Commissioner Smith inquired whether the detached sidewalk would extend
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
SHERBROOKE VILLAGE SUBDIVISION R-4
ANNEXATION AND ZONING
3
across the existing lot and the front side of Victory Road. Mrs Bowcutt noted that the
sidewalk would extend 640 feet, which would be the full length of the property.
14.
Commissioner Borup inquired whether the applicant had any problems or
concerns with the staff comments. Mrs Bowcutt noted that they have no problems.
15. Commissioner DeWeerd inquired about the existing home and whether the
owner approved of the development. Mrs. Bowcutt noted that the home has been sold to
Westpark Company.
16.
There was no further testimony at the hearing.
17.
The Meridian Police Department submitted no comments.
18.
The Meridian Fire Chief, Kenny Bowers, submitted the comment the
Department would not have a problem with the annexation and zoning.
19.
The Central District Health Department submitted that they have no
objection to the proposal. After written approval from appropriate entities are submitted
they can approve this project for central sewage and central water. The plan for central
sewage and central water must be submitted to and approved by the Idaho Department
of Health & Welfare.
20..
The Nampa & Meridian Irrigation District had no comments on the
application.
21.
That the Meridian Assistant City Engineer, Bruce Freckleton, and Shari
Stiles, Planning and Zoning Administrator, specifically commented as follows:
GENERAL COMMENTS:
a. Any existing irrigation/drainage ditches crossing the property to be included
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4
SHERBROOKE VILLAGE SUBDIVISION R-4
ANNEXATION AND ZONING
in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will
need to be approved by the appropriate irrigation/drainage district, or lateral
users association, with written confirmation of said approval submitted to
the Public Works Department. No variances have been requested for tiling
of any ditches crossing this project.
b.
Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance Section
5-7-517; that wells may be used for non-domestic purposes such as
landscape irrigation.
c.
Provide five-foot-wide sidewalks in accordance with City Ordinance 11-9-
606.8.
d.
Submit letter from the Ada County Street Name Committee, approving the
subdivision and street names. Make any corrections necessary to conform.
e.
That water service to this development is contingent upon positive results
from a hydraulic analysis by our computer model.
f.
Coordinate fire hydrant placement with the City of Meridian's Water Works
Superintendent.
g.
Indicate on the final plat map any FEMA floodplains affecting the area
being platted, and detail plans for reducing or eliminating the boundary.
h.
Respond, in writing, to each of the comments contained in this
memorandum by 5:00 p.m., of the Tuesday prior to the scheduled hearing
by the Planning and Zoning Commission. Submit ten copies of the
Preliminary Plat Map with any required revisions to the City Clerk's Office a
minimum of one week prior to the hearing by the Meridian City Council.
SITE SPECIFIC COMMENTS:
a.
The legal description submitted with this application includes a portion of
the property that was annexed as Sherbrooke Hollows Subdivision. Please
submit a new legal describing only that portion of property not previously
annexed. 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 existing city limit
boundary.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
SHERBROOKE VILLAGE SUBDIVISION R-4
ANNEXATION AND ZONING
5
f.
"
,.
b.
Sanitary sewer service to this site could be via extensions from the trunk
line system installed as part of the' Los Alamitos and the proposed
Highlands Ranch Subdivision. Approval of this application needs to be
contingent upon our ability to accept the additional sanitary sewage
generated by this proposed development. Applicant will be responsible to
construct the sewer mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with the Public
Works Department. Sewer manholes are to be provided to keep the sewer
lines on the south and west sides of centerline.
c.
Indicate the existing ditch easements on the preliminary plat map. The
conceptual engineering plan doesn't show how they will be treated. Please
revise the plan to show all proposed piping of irrigation/drainage ditches, or
show that they are to be abandoned in place. Compaction test results must
be submitted to the Meridian Building Department for all lots impacted by
the filling of said ditches.
d.
Developer shall be responsible for payment of assessments, and the actual
physical connection to the municipal sewer and water sysiem, of the
existing home located on Lot 1, Block 3. Fees are to be paid prior to
signature of City Engineer on the final plat.
e.
250- and 100-watt, high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall
be installed, at subdivider's expense. Typical locations are at street
intersections and/or fire hydrants.
Applicant has indicated that the pressurized irrigation system within this
development is to be owned and maintained by the Nampa& Meridian
Irrigation District. If a single-point connection is utilized, the developer shall
be responsible for the payment of assessments for the common areas prior
to signature on the final plat by the Meridian City Engineer.
Applicant has provided subsurface soil information that was gathered in
1996 and 1997 for the Sherbrooke Hollows Subdivision. From that
information, it isn't clear whether any of the test holes are within the
boundaries of this proposed development. Please provide the Public
Works Department a letter from a soils scientist that defines the subsurface
soils condition, including an elevation referenced to project datum to the
"normal" high ground water, within the boundaries of this proposal. If this
requested information can't be determined from the existing data that was
submitted, then possibly additional test holes and monitoring will be
necessary. The design centerline of the streets shall be a minimum of (3')
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6
SHERBROOKE VILLAGE SUBDIVISION R-4
ANNEXATION AND ZONING
g.
j.
feet above the "normal" high ground water elevation as established by a
soils scientist. .
h.
Construct six-foot-high, permanent, non-combustible perimeter fencing
along the eastern boundary against the "Unplatted RT" property. Fencing is
to be in place prior to applying for building permits.
i.
A detailed landscape plan for the common areas, including fencing
locations and types of construction, shall be submitted for review and
approval with the submittal of the final plat map. A letter of credit or cash
surety will be required for the improvements prior to signature on the final
plat.
A development agreement is required for this project, as a condition of
annexation of the property.
30.
That the R-4, Residential District is described in the Zoning Ordinance, 11-
2-408 B. 3. as follows:
(R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4)
District is to permit the establishment of low density single-family dwellings,
and to delineate those areas where predominantly residential development
has, or is likely to occur in accord with the Comprehensive Plan or the City,
and to protect the integrity of residential areas by prohibiting the intrusion of
incompatible non-residential uses. The (R-4) District allows for a maximum
of four (4) dwellings units per acre and requires connection to the Municipal
Water and Sewer systems of the City of Meridian.;
that the R-4 zoning district requires a minimum of 1,400 square feet to be included in
houses in that zone; that in annexation the City may, as a condition of annexation, require
a higher minimum house size than 1,400 square feet.
31.
That the Applicant submitted an application for preliminary plat along with
the application for annexation and zoning.
32.
That the Meridian Comprehensive Plan, under Land Use, Residential
Policies, 2.1 U states as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
SHERBROOKE VILLAGE SUBDIVISION R-4
ANNEXATION AND ZONING
7
"Support a variety of residential categories (urban, rural, single-family, multi-family,
townhouses, apartments, condominiums, etc.) for the purpose of providing the City
with a range of affordable housing opportunities."
33.
That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3
c., it states as follows:
'Within the Urban Service Planning Area development may occur in densities as
low as 3 dwellings per acre if physical connection is made to existing City of
Meridian water and sewer service and the property is platted and subdivided, . ,"
34.
That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4,
it states as follows:
"Residential development is allowed in the rural area provided that said
development does not exceed the Rural Residential Agricultural density, unless it
is inside the Urban Service Planning Area and City sewer and water is provided,
then Low, Medium and High density residential may be considered. All residential
development must also comply with the other appropriate sections of this plan."
35.
That the Meridian Comprehensive Plan, under Population, Housing
Policies, at page 66, it states as follows:
"1.1 The City of Meridian intends to provide for a wide diversity of housing types
(single-family, modular, mobile homes, multi-family, townhouses, apartments,
condominiums."
"1.3 An open housing market for all persons, regardless of race, sex, age,
religion or ethnic background."
"1.4 The development of housing for all income groups close to employment
and shopping centers should be encouraged."
36.
That there is a population influx into the City of Meridian at the present time
which has been going on for some time and is continuing; that the land is relatively close
to Meridian and economic conditions are making it difficult to continue farming in the
area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
SHERBROOKE VILLAGE SUBDIVISION R-4
ANNEXATION AND ZONING
8
r
.
37.
That in 1992 the Idaho State Legislature passed amendments to the Local
Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as
follows:
"Each such ordinance may provide for mitigation of the effects of subdivision
development on the ability of political subdivisions of the state, including school
districts, to deliver services without compromising quality of service delivery to
current residents or imposing substantial additional costs upon current residents to
accommodate the subdivision.";
that the City of Meridian is concemed with the increase in population that is occurring and
with its impact on the City being able to provide fire, police, emergency health care, water,
sewer, parks and recreation services to its current residents and to those moving into the
City; the City is also concemed that the increase in population is burdening the schools of
the Meridian School District which provide school service to current and future residents
of the City; that the City knows that the increase in population does not sufficiently
increase the tax base to offset the cost of providing fire, police, emergency health care,
water, sewer, parks and recreation services; and the City knows that the increase in
population does not provide sufficient tax base to provide for school services to current
and future students.
38.
That pursuant to the instruction, guidance, and direction of the Idaho State
Legislature, the City may impose either a development fee or a transfer fee on residential
property, which if possible would be retroactive and apply to all residential Jots in the City,
because of the imperilment to the health, welfare, and safety of the citizens of the City of
Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
SHERBROOKE VILLAGE SUBDIVISION R-4
ANNEXATION AND ZONING
9
39.
That Section 11-9-605 C states as follows:
"Right-of-way for pedestrian walkways in the middle of long blocks may be
required where necessary to obtain convenient pedestrian circulation to schools,
parks or shopping areas; the pedestrian easement shall be at least ten feet (10')
wide,"
40.
That Section 11-9-605 G 1. states as follows:
"Planting strips shall be required to be placed next to incompatible features such
as highways, railroads, commercial or industrial uses to screen the view from
residential properties. Such screening shall be a minimum of twenty feet (20')
wide, and shall not be a part of the normal street right of way or utility easement."
41.
That Section 11-9-605 H 2. states as follows:
"Existing natural features which add value to residential development and enhance
the attractiveness of the community (such as trees, watercourses, historic spots
and similar irreplaceable amenities) shall be preserved in the design of the
subdivision;"
42.
That Section 11-9-605 K states as follows:
"The extent and location of lands designed for linear open space corridors should
be determined by natural features and, to lesser extent, by man-made features
such as utility easements, transportation rights of way or water rights of way.
Landscaping, screening or lineal open space corridors may be required for the
protection of residential properties from adjacent arterial streets, waterways,
railroad rights of way or other features. As improved areas (landscaped), semi-
improved areas (a landscaped pathway only), or unimprQved areas (left in a
natural state), linear open space corridors serve:
1.
2.
3.
4.
5.
To preserve openness;
To interconnect park and open space systems within rights of way for trails,
walkways, bicycle ways; .
To playa major role in conserving area scenic and natural value, especially
waterways, drainages and natural habitat; --
To buffer more intensive adjacent ur;ban land uses;
To enhance local identification within the area due to the internal linkages;
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
SHERBROOKE VILLAGE SUBDIVISION R-4
ANNEXATION AND ZONING
10
,-
r
6.
and
To link residential neighborhoods, park areas and recreation facilities."
43.
That Section 11-9-605 L states as follows:
Bicycle and pedestrian pathways shall be encouraged within new developments as
part of the public right of way or as separate easements so that a.n alternate
transportation system (which is distinct and separate from the automobile) can be
provided throughout the City Urban Service Planning Area. The Commission and
Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as
prepared by Ada County Highway District) when reviewing bicycle and pedestrian
pathway provisions within developments.
44.
There was no further testimony given at the hearing.
CONCLUSIONS
1.
That all the procedural requirements of the Local Planning Act and of the
Ordinances of the City of Meridian have been met, including the mailing of notice to
owners of property within 300 feet of the external boundaries of the Applicant's property.
2.
That the City of Meridian has authority to annex land pursuant to 50-222,
l.d.ê!J.Q Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City
of Meridian; that exercise of the City's annexation authority is a Legislative function.
3.
That the City Council has judged this annexation and zoning application
under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City
Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to
it and things of which it can take judicial notice.
4.
That all notice and hearing requirements set forth in Title 67, Chapter 65,
Idaho Code, and the Ordinances of the City of Meridian have been complied with.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
SHERBROOKE VILLAGE SUBDIVISION R-4
ANNEXATION AND ZONING
11
5.
That the City Council may take judici~1 notice of government ordinances,
and policies, and of actual conditions existing within the City and State.
6.
That the land within the annexation is contiguous to the present City limits
of the City of Meridian, and the annexation would not be a shoestring annexation.
7.
That the annexation application has been initiated by the Applicant with the
consent of the titled owners and the annexation is not upon the initiation of the City of
Meridian.
8.
That since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. .6.wj vs. The City of
Idaho Falls 105 Idaho 65, 665 P.D 1075 (1983).
9.
That the development of annexed land must meet and comply with the
Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to
development time schedules and requirements, and 11-9-605 M. which pertains to the
tiling of ditches and waterways.
10.
That the Applicant's property is in compliance with the Comprehensive
Plan, and therefore the annexation and zoning Application is in conformance with the
Comprehensive Plan.
11.
That the requirements of the Meridian City Engineer's office, including those
specifically stated in its comments and those stated herein in these Findings and
Conclusions, and of the Nampa & Meridian Irrigation District, Meridian Fire Department,
U. S. West, and the comments of the Meridian Planning and Zoning Director shall be met
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
SHERBROOKE VILLAGE SUBDIVISION R-4
ANNEXATION AND ZONING
12
and addressed in a Development Agreement.
12.
That the Applicant will be required to connect to Meridian water and sewer
and resolve how the water and sewer mains will serve the land; that the development of
the property shall be subject to and controlled by the Subdivision and Development
Ordinance except as otherwise required herein; that, as a condition of annexation, the
Applicant shall be required to enter into a development agreement as authorized by 11-2-
416 Land 11-2-417 D; that the development agreement shall address the inclusion into
the subdivision of the requirements of 11-9-605 C, G 1, H 2, K, L, M and the comments of
the Planning and Zoning Director, Shari Stiles.
That the development agreement shall, as a condition of annexation, require that
the Applicant, or if required, any assigns, heirs, executors or personal representatives,
pay, when required, any impact, development, or transfer fee, adopted by the City; that
there shall be no annexation until the requirements of this paragraph are met or, if
necessary, the property shall be subject to de-annexation and loss of City services, if the
requirements of this paragraph are not met.
13.
That the house size requirements for the R-4 district of 1,400 square feet
shall be followed and complied with.
14.
That proper and adequate access to the property is available and will have
to be maintained; that access to and from the adjacent property owners will have to be
worked out and included in the development agreement, or the property will not be
annexed or, if annexed, it will be de-annexed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
SHERBROOKE VILLAGE SUBDIVISION R-4
ANNEXATION AND ZONING
13
j
15.
That these conditions shall run with the land and bind the applicant, the
titled owner, and his assigns.
16. With compliance of the conditions contained herein, the annexation and
zoning of R-4 Residential, with 1,400 square foot minimum sized houses, would be in the
best interest of the City of Meridian.
17.
That if these conditions of approval are not met the property shall be subject
to de-annexation.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and approves
these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER KEITH BORUP
COMMISSIONER BYRON SMITH
VOTED~
VOTED-¥-
VOTED ~-I-
VOTED A.p
"
COMMISSIONER MARK NELSON
COMMISSIONER DeWEERD
CHAIRMAN MacCOY
VOTED -
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
SHERBROOKE VILLAGE SUBDIVISION R-4
ANNEXATION AND ZONING
14
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City
Council of the City of Meridian that they approve the annexation and zoning as stated
above in the Conclusions for the property described in the application with the conditions
set forth in the Findings of Fact and Conclusions of Law and that the Applicant be
specifically required to meet all of the Ordinances of the City of Meridian, and the
conditions of these Findings and Conclusions and that if the conditions are not met that the
property be de-annexed.
MOTION:
APPROVED: C)J:;.-¿..
7 -9-98--Fil1.¡;I,1 7(ií 1/1 9
DISAPPROVED:-
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
SHERBROOKE VILLAGE SUBDIVISION R-4
ANNEXATION AND ZONING
15
[
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of Fact and
Conclusions of Law on this 4th day of August, 1998.
ROLL CALL
COUNCILMAN BIRD
COUNCILMAN ANDERSON
VOTED~
VOTED (~
VOTED~
VOTED J¡J~Afj
COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
MAYOR CORRIE (TIE BREAKER)
VOTED
(INITIAL)
APPROVED ~
DISAPPROVED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - ANNEXATION & ZONING FOR
SHERBROOKE VILLAGE SUBDIVISION
\
j
"BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
WESTPARK COMPANY, INC.
APPLICATION FOR ANNEXATION AND ZONING
SHERBROOKE HOLLOW SUBDIVISION
SOUTH 1/2, SW 1/4, SECTION 20,
TOWNSHIP 3 NORTH, RANGE 1 EAST,
BOISE MERIDIAN, ADA COUNTY, IDAHO
EAST SIDE OF LOCUST GROVE AND NORTH OF VICTORY ROAD
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for public hearing on June 10, 1997, at the hour of 7:00
o'clock p.m., the Applicant appearing through its representative,
Van Elg of Briggs Engineering, the Planning and Zoning Commission
of the City of Meridian having duly considered the evidence and the
matter makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
1.
The notice of public hearing on the application for
annexation and zoning was published for two (2) consecutive weeks
prior to said public hearing scheduled for June 10,1997, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the June 10, 1997, hearing;
that the public was given full opportunity to express comments and
submit evidence; and that copies of all notices were available to
newspaper, radio and television stations.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
WESTPARK COMPANY, INC.
2.
The property included in the application for annexation
and zoning is described in the application, and by this reference
is incorporated herein as if set forth in full.
The property is
approximately 48.70 acres in size.
3.
The Applicant is not the record owner of the property;
however, the record owners have consented to this application of
the Applicant.
4.
The property is presently zoned by Ada County as RT,
Rural Transitional, and is used for agricultural purposes.
The
land has no structures
upon it.
The Applicant requests
the
property be zoned (R-4), Low Density Residential District.
The
Applicant has requested the annexation and this zoning, and the
application is not at the request of the City of Meridian.
5.
The
Applicant
intends
to
develop
a
single-family
residential subdivision known as Sherbrooke Bollow Subdivision.
More
specifically,
a residential
development with
a proposed
density of 2.87 dwellings per acre and consisting of 139 single
family residential lots, one lot designated for a daycare facility
and seven common lots.
6.
The property is located on the east side of Locust Grove
Road and north of Victory Road.
The property adjoins the city
limits of the City of Meridian along the northwest portion of the
property.
The adjacent Salmon Rapids development is currently
zoned
(R-4) ,
Low Density Residential District,
as
is the Los
Alamitos development north of the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
WESTPARK COMPANY, INC.
7.
The
Applicant's
representative,
Van
Elg,
testified
substantially as follows.
The zoning request of the property is
consistent with the zoning of the land surrounding the property;
Los Alamitos and Salmon Rapids.
The property is contiguous with
the Salmon Rapids development which is the route of the annexation
request.
The
requested
zoning
is
in
compliance
with
the
Comprehensive Plan, and is an excellent transition for annexation
of this type.
The proposed density for the development is 2.87
dwelling units per acre which is consistent with the developments
in the area.
It is also consistent with the Comprehensive Plan
with regard to future rezoning if the appropriate services become
available.
In this case, sewer and water will be made available to
the property.
The Comprehensive Plan identifies the property for
single family use which this proposed development is.
8.
The
Applicant's
representative,
Van
Elg,
further
testified substantially as follows.
On May 8th, a neighborhood
meeting was held in accordance with Meridian's requirements.
Becky
Bowcutt attended the meeting.
Ms. Bowcutt advised that six people
from the nearby area attended the meeting.
Ms. Bowcutt followed up
with a letter to Mrs. Coonse, which letter he believes addressed
fencing and the right to farm.
There were concerns expressed about
farming and the status of farming in the area.
The Applicant has
agreed to provide perimeter fencing which will be six feet high and
constructed of noncombustible material.
The Applicant has also
agreed to provide a
statement
on the
face
of
the plat that
addresses the right to farm.
Another issue which Ms. Bowcutt
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
WESTPARK COMPANY, INC.
1
addressed is the comments from City staff, which letter is dated
May 28th and addressed to Bruce Freckleton, Assistant to the City
Engineer, and Shari Stiles, the Planning and Zoning Administrator.
One of the comments addressed is the issue about a bridge across
the Ridenbaugh Canal.
The Applicant has discussed with the Ada
County Highway District this issue.
It has indicated that it does
not support the construction of the bridge for several reasons.
First, it wants the bridge further to the north.
Second, the
topography of the property does not lend well to the construction
of the bridge.
Third, the estimated cost of constructing the
bridge is $300,000.00 to $500,000.00.
Finally, it does not want to
maintain a bridge in the location.
Ada County Highway District
will be constructing another sort of bridge, or crossing, across
the Eight Mile Lateral which skirts the south and west boundaries
of the property.
The property is also skirted by the Ridenbaugh
Canal and the Nine Mile Drain, which, consistent with the desires
of the Bureau of Reclamation, the Applicant intends to leave open.
Leaving the ditch open provides benefit in terms of draining water
from the property.
The Applicant desires to relocate the Nine Mile
Drain within the open space area, which is one of the purposes of
open space along the eastern boundary of the proposed development.
This relocated drain will be parallel to the Ridenbaugh Canal.
with regard to the bridge and its necessity for life-safety, Ms.
Bowcutt had a discussion with Kenny Bowers at the Meridian Fire
Department.
He indicated it was not necessary and he was not
requiring it.
Patrick Dobie addressed the issue of traffic through
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
WESTPARK COMPANY, INC.
a traffic study.
The study indicated that the development would
generate approximately 1,300 trips per day after full development.
This information was submitted to the Ada County Highway District
for review.
Ground water monitoring has also occurred in the area.
The Department of Water Resources has indicated that its drawings
and log reports in the area tend to support a 40 feet ground water
level.
Equipment was installed to monitor ground water in the
general area and across the property.
Little or no ground water
was detected which would be harmful to the development of the
project.
This determination does not preclude, as residents in the
area may point out, that there may be some surface ground water
problems which need to be adequately addressed.
The Applicant will
work closely with the City Engineer to adequately address the
surface ground water problems.
Potential solutions to address the
surface ground water problems may include filling, raising sites
along
the
northwest
corner
of
the
property
and
perhaps
the
southeast portion of the property.
In her response to the City
staff's comments, Ms. Bowcutt requested that if a variance from the
piping requirement is necessary, such be provided as a condition of
approval for the project.
The Applicant will comply with such
condition.
The Applicant will also address with the Nampa &
Meridian Irrigation District and the Department of Water Resources
the relocation of the Nine Mile Drain.
In the City staff's
comments, there is a concern that the Applicant provide for sewer
connection for the property to the north.
Ms. Bowcutt requests
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5.
WESTPARK COMPANY, INC.
.'
that a late comer agreement for the sewer be established for this
project.
9.
City Engineer, Gary Smith, commented that the issue of a
late comer agreement for the sewer is better addressed when the
project is presented to the City Council for consideration and
approval.
The City Council may agree conceptually to the late
comer agreement;
however,
there must exist hard costs for the
establishment of such agreement.
10.
Van Elg further testified substantially as follows.
In
the City staff's comments, there was a question as to the location
of the irrigation facility as required by Meridian City ordinances.
The project will have pressurized irrigation, and the site plan!
preliminary plat identifies the location of the proposed pump
station.
The location of the pump station will be negotiated with
the Nampa & Meridian Irrigation District.
There was also a concern
expressed
in the
City
staff's
comments
about
a block
length
requirement on South McKay Drive.
He believes .the culdesac length
was 450 feet; however, such issue has been addressed and revised
appropriately.
Also, there is another expressed concern about the
block lengths of Blocks 1,2,3 and 7, which exceed the 1,000 feet
block length limit.
11.
Shari Stiles,
the Planning and Zoning Administrator,
commented that the length of Block I has been addressed; however
Blocks 2, 3 and 7 have yet to be addressed.
12.
Van Elg further testified substantially as follows.
with
regard to Blocks 2, 3 and 7, according to Ms. Bowcutt, they exceed
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6.
WESTPARK COMPANY, INC.
the 1,000 feet length limit; however, the unusual configuration of
the parcels limits the lot layout potential and creates longer
block lengths.
The Eight Mile Lateral creates a long block since
it inhibits the potential for stub street connections.
To provide
a stub street in such area or limit the block length, a bridge
would need to be constructed in that location and another stub
provided.
Block 7 abuts the Ridenbaugh Canal and two micropath
connections
have
been
provided
in
this
block
to
a
proposed
pedestrian bridge.
Although the Ada County Highway District
opposed the construction of a bridge across the Ridenbaugh Canal,
it does request the Applicant deposit money into the trust account
for construction of a pedestrian bridge.
At the time the eastern
portion of the site is developed or the side across the canal is
developed,
another contribution for the remaining half of the
pedestrian bridge will be required.
Two micropath connections have
been provided in Block 7 to a proposed pedestrian bridge which
crosses the Ridenbaugh Canal.
The intent of the block limitations
is to minimize the walking distance between blocks.
The Applicant
believes the micropaths provide this connection.
The entrance from
Locust Grove has been relocated to align with Lake Creek Street in
the proposed Salmon Rapids No.4 development.
The location of this
entrance was a concern in prior applications.
The property owner
to the north of the property expressed the concern and request that
he obtain a stub street.
To Mr. Elg's belief, the Applicant has
complied with such concern and request, and aligned the entrance
with the entrance to the Salmon Rapids development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
WESTPARK COMPANY, INC.
13.
In response to questions of the Planning and Zoning
Administrator, Shari Stiles, Mr. Elg testified substantially as
follows.
When the new stub street was added, a new block number
was added to the preliminary plat, specifically, Block 8.
14.
In response to a question of Commissioner Borup, the
Planning and Zoning Administrator,
Shari Stiles,
substantially
commented that many of the concerns, including block length issues,
and comments of City staff have been addressed by the Applicant in
its written response; however, it still needs to. obtain a variance
on the block lengths because the lengths exceed the limitation.
It
will also need to obtain a variance on the tiling of the ditches.
15.
The Applicant's representative, Van Elg, stated that the
requirements of the variances be conditions of approval, and that
the Applicant submit applications for and obtain such variances.
16.
In response to questions of Commissioner MacCoy,
the
Applicant's
representative testified substantially as
follows.
with regard to the access
from and to victory Road from the
proposed development, a recommendation was made for a left-turn
lane on Victory Road into the project for stacking to minimize the
turning movements on Victory Road.
He does not believe there is a
turn (entry) lane into the project on Locust Grove Road.
However,
the Ada County Highway District's requirements provide that Locust
Grove Road be constructed to a six-lane road, which would provide
turn lanes.
The Applicant has to dedicate enough right-of-way for
a 90 feet right-of-way on Locust Grove Road.
No time frame has
been given by the Ada County Highway District for such improvements
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8.
WESTPARK COMPANY, INC.
.
to Locust Grove Road.
However, pursuant to the letter from Ms.
Bowcutt to LouAnn Coonse, the Ada County Highway District plans to
rebuild Locust Grove from Overland to Victory in
1999.
This
project would include reconstruction of the bridge over the Eight
Mile Lateral.
This project is currently listed in the Ada County
Highway District's five-year construction plan ¡ however, no funding
has been allocated to the project at this time.
The proposed width
of the future right-of-way for Locust Grove Road is 90 feet, with
a 70 feet road section.
Victory Road is not in the Ada County
Highway District's five-year plan, but will be improved in the
future to a 90 feet right-of-way and a 50 feet road section.
17.
In response to questions
of Commissioner Smith,
the
Applicant's representative, Van Elg, testified substantially as
follows.
with regard to the "green spaces" on the preliminary plat
map,
the Applicant is attempting to create a buffer along the
Ridenbaugh Canal.
The Applicant is aware that it must address the
Nine Mile Drain in the area, and that is the reason the" green
area" is designated in that location.
The area is designed for
drainage purposes.
Ms. Bowcutt has reviewed that issue with the
engineers in an attempt to acconunodate drainage throughout the
site.
The other green areas are for drainage purposes and/ or
landscape areas to be maintained by the homeowner's association.
with regard to the capacities of the schools in the Meridian School
District,
as
representatives
of
applicants,
we
advise
the
applicants that the impact on the school district is an issue.
We,
as representatives of applicants, have numerous meetings with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page, 9.
WESTPARK COMPANY, INC.
School Board to discuss the concerns and problems, and attempt to
address
those
concerns
and problems.
For
an
applicant,
the
dedication of 5 to 12 acres of property of each project for school
facilities does not make sense.
The dedication of property to the
school district is dependent upon the school district wanting and
accepting such property.
With regard to the development of the
property to the particular density, Mr. Elg does not know the
specifics for the chosen density; however, the: R-4 zone allows a
minimum lot size of 8,000 square feet, and the vast majority of the
lots in the proposed development are considerably larger than 8,000
square feet.
Many of the lots are 9,000 to 10,000 square feet in
size.
Accordingly, the Applicant is not maximizing the density at
2.87 dwelling units per acre.
The Applicant is providing a larger
lot and, perhaps, a better product.
18.
In response to a further question of Commissioner MacCoy,
the Applicant's representative testified that there have been no
discussions with the Meridian Fire Department about locating a fire
house in or about the property.
19.
Rhonda Coonse testified substantially as follows.
She
moved to Meridian one year ago in February from southeast Boise,
and she loves living in Meridian.
She has animals on her property,
which she could not have on her property in Boise.
In terms of
traffic and vehicles, 140 lots means to her 280 vehicles traveling
from and to the property from Victory Road and Locust Grove Road.
That number of vehicles on the two roads is too much for the
present status of the roads.
She is concerned about the relocation
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10.
WESTPARK COMPANY, INC.
of the Nine Mile Creek, because of the potential of her being
denied irrigation water.
She has a pond on her ,property from which
t.he irrigation water is pumped and sprinkled upon her property.
Although
she
recognizes
that
the
Applicant
can
tile
the
canal/ditch, her primary concern is the continued availability of
irrigation water to fill the pond on her property.
Another concern
she has is the perimeter fencing to be constructed around the
property.
The Applicant advised her' that she had a choice as to
the fence, and she desires a 6 feet high privacy vinyl fence.
20.
In response to questions of Commissioner Smith, Rhonda
Coonse testified substantially as follows.
Her ;concern with regard
to the pond is the continued availability of irrigation water.
There has been some activity,
by persons unknown to her, with
digging and structuring of the canals/ditches.
There has been a
problem in the past with the irrigation water backing up into
fields in the area.
So she believes said persons installed a
larger culvert.
21.
Richard Wade Coonse testified substantially as follows.
With regard to Rhonda Coonse's testimony, along the back property
line of their property is a pole barn fence.
The fence line
crosses diagonally, so half of the pond is on their property and
the other half is on the Applicant's property.
The pond provides
water to irrigate six acres of pasture, and also two acres of their
property.
The pond provides water to their property's sprinkler
system.
Consequently, the continued availability of the water from
the pond is important to them.
With regard to Locust Grove Road,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11.
WESTPARK COMPANY, INC.
{
this road is too narrow for the demand placed upon it by the
traffic entering and exiting from the proposed project.
Although
Victory is a little wider, there will still be a lot of traffic
congestion, unless something is done to improve Locust Grove Road
and Victory Road.
22.
Ruth Fritts testified substantially as follows.
She has
a concern about the traffic generated by this proposed project.
She was told by Ms. Bowcutt that there would be 10 trips per day
per household in the proposed subdivision.
She is also concerned
about the restriction of one-story homes on two adjoining lots
along Victory Road and six adjoining lots along the southeast
corner of the property.
The Applicant has agreed to specify single
story
restrictions
to preserve
the
adjoining
neighbors'
view
corridor.
This agreement by the Applicant has not been addressed
in this hearing.
With regard to building up the lot sites for
purposes of correcting drainage problems, she believes a build up
of the lots and a two-story structure would be one in the same.
A
portion of the property (the culdesac area) is presently a swamp.
The Ridenbaugh Canal leaks into that area of the property, so she
does not have to irrigate in that area.
She does not know how the
Applicant will be able to build in the area, or whether a drainage
pipe will correct the problem.
23-
In response to questions of Commissioner Borup, Ruth
Fritts testified substantially as follows. The proposed project is
approximately 300 feet from her house.
The Applicant has agreed to
erect a 6 feet high chain link perimeter fence; however, she would
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12.
WESTPARK COMPANY, INC.
like to know whether this chain link is the only fence to be
constructed.
She has livestock on her property, and is concerned
about
the
livestock's
manure
falling
into
the
yards
of
the
residents of the subdivision.
24.
John Shipley testified substantially as follows.
His
land has a frontage of 195 feet and runs adjacent to the property
back to the Nine Mile Lateral.
Consequently, his property will be
adjacent to the houses in the subdivision.
He has approximately
5.2 acres and raises cattle, primarily during the summer.
The
property line is where a drainage ditch courses.
His water from
the Eight Mile Lateral crosses his property and drains into a ditch
coursing on the frontage of his property.
The ditch services Mr.
Babbit's property next to his property and Barkers' property.
He
does not want the delivery or availability of his irrigation water
effected.
The irrigation water delivery/drainage ditches need to
be tiled.
He has noticed that the water level in January is 6 feet
high, at which time the canal was not full of water.
Consequently,
houses in this area may well be flooded, and the purchasers need to
be aware of that risk.
OVer the last 24 to 25 years, the basement
of his house has been flooded during the summer months.
The
fencing
along
his
property
line
must
be
constructed
of
noncombustible material, because he burns his ditches.
He has no
objection to the proposed project because he desires to subdivide
the property in the future.
He does have a concern with the access
onto Locust Grove Road due to the danger presented from the lack of
width and area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13.
WESTPARK COMPANY, INC.
(
25.
In response to a question of Commissioner Smith, John
Shipley testified substantially as follows.
He was told over the
telephone that only one story houses would be constructed adjacent
to his property;
however,
he did not receive a letter to that
effect.
26.
Clifford Babbitt testified substantially as follows.
He
is happy to see the redesign of the entrance to the proposed
project on Locust Grove.
He is pretty happy with the proposed
project; however, he is concerned from the standpoint of his cattle
pasturing
on
his
property.
He
is
also concerned
about
the
availability and delivery of irrigation water.
The tiling of the
delivery ditch would help and would alleviate some of the problems
with the irrigation water.
27.
Nancy
Hanson
submitted
a
letter
setting
forth
her
comments and concerns pertaining to this application, which letter
is incorporated herein as if set forth in full.
Further, Nancy
Hanson testified substantially as follows.
She has a concern about
the R-4 zoning request.
She would prefer the property be zoned R-
2, with 1 to 5 acreages.
She believes such zoning and the size of
acreages would be more appropriate for the area by providing better
buffering for the
surrounding agricultural areas.
She has a
concern about the availability of water in the well she hasi she
does not want the well going dry.
She has concerns about the
traffic.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14.
WESTPARK COMPANY, INC.
28.
In response to question of Commissioner Borup, Nancy
Hanson testified substantially as follows.
She has four acres,
which borders Victory Road and parallels the canal.
29.
The
Applicant's
representative
further
testified
substantially as follows.
Other than the pond which according to
the Applicant' s map is not on the property,
there may exist
drainage issues and problems.
According to Ms. Bowcutt, these
problems will be addressed through berming and piping.
Also, the
relocation of the Nine Mile Lateral along the eastern border of the
property will help with the recharge rate of the ground water to
the west of the Ridenbaugh Canal.
with regard to the traffic, the
Applicant's
studies were
forwarded to
the Ada County Highway
District, who concurred in the findings of those studies to his
knowledge.
Under normal conditions, the developed project would
generate 1,300 plus trips per day from the property.
There was the
concern expressed about 5,500 trips on Victory Road; however, the
present trips per day on Victory Road are 4,000.
An increase in
trips per day cannot be discounted; there will be an increase due
to development of the property and the area.
However, the 1,300
trips per day do not come in surges, but throughout the day, with
peak hours.
with regard to the height of the houses, he is not
familiar with that requirement, but would have to refer to the
letter of Ms.
Bowcutt.
If letters to such affect - exist,
the
Applicant would have no objection to their inclusion in the record.
As far as the swampy condition of an area of the property, the
issue will be addressed.
As far as concerns with cattle, the right
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15.
WESTPARK COMPANY, INC.
to farm statement will be included on the plat.
The Applicant will
certainly
attempt
to
address
the
concerns
expressed
by
the
neighboring property owners, and accommodate their needs so as not
to impede their freedom and life style.
with regard to the zoning
district and one to five acre lots, from a economic feasibility
standpoint,
such is not practical.
This proposed development
should not be a negative impact upon neighboring wells.
30.
Commissioner Smith commented substantially as follows.
with reference to a quote from the Comprehensive Plan set forth in
Nancy Hanson's letter, he sees no innovative land use planning
techniques exhibited in the proposed project.
He does not see
buffering zones, screening, transitional densities or any other
characteristics which would be achieved through a lower density
zoning and development.
The City is in a transitional period.
He
personally cannot comprehend placing a development of this density
in the middle of a rural area.
This type of project would be more
appropriate in an area closer to the urban center of Meridian as
opposed to farther on the periphery.
He believes this property
would be more appropriate to a lower density development.
31.
In response,
the Applicant's representative responded
substantially
as
follows.
This
area
is
within
the
City
of
Meridian's area of impact and is right for development at the
density proposed.
It is compatible with the zoning of .surrounding
properties and developments.
It is consistent with patterns of
development in the area, which have already been approved.
The lot
sizes
exceed
the
minimum
lot
standards
for
the
R-4
zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16.
WESTPARK COMPANY, INC.
requested.
Consequently, the density levels are not nearly as high
as the level we could get in the R-4 zone.
There is accommodating
buffering
in
some
locations,
and
the
Applicant
is
providing
screening with fencing.
The Applicant is complying with the City's
ordinances along Locust Grove Road for screening, landscaping and
buffers.
There is a limited amount of frontage on any street;
however, the Applicant is providing the necessary buffering along
those areas.
The Applicant maintains that the proposed project is
consistent and compatible with patterns of development for the
area.
The fact that the Applicant is not developing the property
to the level of density it could in an R-4 zone is indicative of an
innovative concept.
Not every development can economically afford
to provide the amount of park site or open space area as provided
in this proposed project.
As compared to lots in Boise and
Meridian, the lots of the proposed project are good sized lots.
The Applicant believes the proposed project is consistent with the
standards and good planning.
32.
The Assistant to the City Engineer, Bruce Freckleton, and
the Planning and Zoning Administrator,
Shari Stiles,
submitted
general
comments
and
site
specific
comments.
Their
general
comments and site specific comments are incorporated herein as if
set forth in full.
Their general comments included the following:
a. Any existing irrigation/drainage ditches'crossing or
adjoining the subject property shall be tiled per City
Ordinance 11-9-605 M. The ditches to be piped are to be
shown on the Preliminary Plat. Plans will need to be
approved by the appropriate irrigation/drainage district,
or lateral users association, with written confirmation
of said approval submitted to the Public Works
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17.
WESTPARK COMPANY, INC.
Department. No variances have been requested for tiling
of any ditches crossing this project;
b. Any existing domestic wells and/or septic systems
within this project will have to be removed from their
domestic service per City Ordinance Section 5-7-517.
Wells may be used for non-domestic purposes such as
landscape irrigation;
c. The Applicant is to determine the seasonal high
groundwater elevation, and submit a profile of the
subsurface soil conditions as prepared bv a soil
scientist with the street development plans;
d. The Applicant is to submit a master street drainage
plan, including method of disposal, with approval from
the affected irrigation/drainage district;
e. The Applicant is to submit a letter from the Ada
County Street Name Committee, approving the subdivision
and street names. The Applicant is to make any necessary
corrections to the preliminary plat map prior to
resubmittal to the City;
f. The Applicant is to coordinate fire hydrant
placement with Meridian's Water Works Superintendent;
g. The Applicant is to indicate any existing FEMA
floodplain boundaries on the preliminary plat map, and/or
any plans to reduce said boundaries;
h. Street signs are to be in place, water system shall
be approved and activated, perimeter fencing installed,
and road base to be approved by the Ada County Highway
District prior to acceptance of building permit
applications;
i. The Applicant is to provide five feet wide sidewalks
on both sides of proposed streets in accordance with City
Ordinance Section 11-9-606 B; and
j. The Applicant is to respond, in writing, to each of
the comments contained in this memorandum and submit to
the City Clerk's office prior to the scheduled hearing
date. -
Their site specific comments included the following:
a. Sanitary sewer for this development shall be off an
extension of the existing sanitary sewer main in Los
Alamitos Park Subdivision. Easements across the property
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18.
WESTPARK COMPANY, INC.
adjacent to the north boundary shall be submitted for
review by the Public Works Department. Sewer mains
installed in easements across undeveloped land shall be
designed such that they will be within future right-of-
ways. The 12 inch trunk line shown on the preliminary
plat should be routed back west in S. Mackay Drive to S.
Potlatch Avenue, then extended to W. Victory Road. The
Applicant will be responsible to construct the sewer
mains to and through this proposed development;
b. The treatment capacity of the Meridian Wastewater
Treatment Plant is currently being evaluated. Approval
of this application needs to be contingent upon our
ability to accept the additional sanitary sewage
generated by this proposed development. The subdivision
designer is to coordinate main sizing and routing with
the Meridian Public Works Department. Sewer manholes are
to be provided to keep the sewer lines on the south and
west sides of roadway center lines;
c. Water service for this development shall be off of
an extension of the existing main located in Locust Grove
Road. The Applicant is responsible for extension of
water service to and through this development. Water
service to this development is contingent upon positive
results from a hydraulic analysis by the City's computer
model. The subdivision designer is to coordinate routing
with the Meridian Public Works Department. Water lines
shall be located on the north and east sides of roadway
centerlines;
d. The Applicant is to indicate on the preliminary plat
map the pump station location for pressurized irrigation.
Any proposal for a supplementary connection from the
City's water system to the pressurized irrigation system
being proposed will need to be reviewed closely due to
the size of the area to be watered. The Applicant shall
provide a statement as to the ownership of and operation!
maintenance of the pressurized irrigation system;
e. A detailed landscape plan for the col!U!lon areas shall
be submitted for review and approval prior to submittal
of the final plat. A letter of credit or cash surety
will be required for the improvements prior to signature
on the final plat; ..
f. No easement is shown for the existing Nine Mile
Drain. The Applicant proposes relocating the Nine Mile
Drain, but no plan for how this will be accomplished is
shown. The Applicant is to submit plans and approvals
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19.
WESTPARK COMPANY, INC.
from the appropriate agencies
drainage;
for relocation of the
g. The Applicant is to install non-combustible, six
feet high, permanent perimeter fencing prior to obtaining
building permits unless this requirement is specifically
waived in writing by thel City. Fencing of the Eight Mile
Lateral and Ridenbaugh Canal is not to encroach on
existing easements;
h. The Applicant is to provide scaled dimensions of all
lots on the revised plat;
i. It appears that either the easement for the Eight
Mile Lateral is not shown correctly or the canal is not
located within the easement. The Applicant is to explain
this difference. Also, it would appear the east lot line
for the proposed lot on Locust Grove Road falls within
the Eight Mile Lateral. This lot does not appear to have
a block designation. This lot will need to be separate
from the common area lot of the Eight Mile Lateral;
j. The City has been experiencing problems with
groundwater in drainage areas. The Applicant is to
provide detailed plans for these drainage lots, along
with the determination of high groundwater as prepared by
a soil scientist, to assure that the ponds will not be
impacted by high groundwater;
k. The Applicant is to install 250 and 100 watt high-
pressure sodium streetlights at locations designated by
the Meridian Public Works Department after Idaho Power
Company completes their design for the service of this
development. All streetlights shall be installed at
subdivider's expense;
1. Blocks 1,2,3 and 7 exceed the maximum 1,000 feet
length allowed by ordinance. An additional stub street
shall be provided in Block 1 to the John Shipley
property. The proposed road to Locust Grove Road is only
50 feet from the driveway to the Shipley property and may
negatively impact his ability to access and leave his
property. As the property to the east of the Ridenbaugh
Canal is a portion of a larger holding of the Applicant,
which is intended for subsequent development, a bridge
should be provided over the Ridenbaugh Canal for life
safety vehicles and inter-neighborhood circulation.
Street names need to be provideq for these new streets,
as well as the stub street to the Frank Stopello property
and the short street section between Dworshak Drive and
E. Limousine Drive;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20.
WESTPARK COMPANY, INC.
m. The cul-de-sac for S. Mackay Drive exceeds the 450
feet maximum allowed length;
n. All references to a daycare lot need to be removed
from the plat. The R-4 zone does not permit a daycare,
and daycares need to be approved under the conditional
use permit process. The Applicant will need to apply at
a later date for appropriate zoning and conditional use
permit;
o. The temporary turnaround shown on the south end of
S. Bull Trout Avenue may make the affected lots
unbuildable until the street goes through. An instrument
is to be recorded, either prior to or after plat
recordation, providing an easement for the temporary
turnaround. The document would have a provision that the
easement would automatically be rescinded once the
streets are able to go through;
p. All lots are to have a minimum frontage of 80 feet.
Frontage on corner lots is determined by the line length
plus one-half of the chamfer length. The Applicant is to
indicate front of house designation on lots that do not
meet the minimum on one side;
q. Information from the Assessor's office indicates
that not all of the parcels as they currently exist are
proposed as part of the development. Why are only
partial parcels being proposed for annexation and
development at this time?;
r. The notarized consents from the record property
owners are over two years old. The Applicant is to
provide new notarized consents indicating the property
owners have agreed to the current annexation and plat
applications;
s. The minimum centerline radius of curves for all
local streets is 100 feet per Ada County Highway District
Development Policy 7204.4.11. Four curves within this
proposed development do not conform. The Applicant is to
revise the plat to correct this;
t. The Applicant is to submit three copies of the
revised plat incorporating all required changes to the
City Clerk's office prior to the June 10, 1997 Planning
and Zoning Commission meeting. Staff will review the
revised plat and may have additional comments at that
time; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21.
WESTPARK COMPANY, INC.
u. A development agreement is required as a condition
of annexation.
33.
The
Applicant's
representative,
Becky
L.
Bowcutt,
responded in writing to the general and site specific comments of
the Assistant to the City Engineer and the Planning and Zoning
Administrator through a letter dated May 28, 1997.
This responsive
letter is incorporated herein as if
set
forth in full.
Ms.
Bowcutt 's responses to the general comments included the following:
a. The subject parcel abuts the Ridenbaugh Canal and
Eight Mile Lateral. The two irrigation facilities exceed
a 48 inch pipe size and, therefore, fall within the
category for exemption from tiling. If a variance is
required, please specify as a condition of approval when
the application should be submitted;
b. The Nine Mile Drain runs parallel with the
Ridenbaugh Canal. The Applicant would prefer to relocate
the drain. The Bureau of Reclamation had requested the
drain remain open on a project north of the subject
property. I contacted John Anderson of Nampa & Meridian
Irrigation District concerning relocation of the drain.
He indicated plans would need to be. submitted and
reviewed to determine the method of location. I will
contact the Bureau and Nampa & Meridian Irrigation
District to obtain guidance on whether the facility
should be tiled or remain open;
c. A small drain exists through the mid-section of the
parcel exiting to the north boundary. The Applicant
intends to pipe the small ditch;
d. I have no knowledge of any existing wells or septic
systems on the property;
e. Jason Kelly, a professional engineer with expertise
in the area of soils and hydrology was retained by the
Applicant to install pziometers at the site and monitor
the groundwater. Five pziometers were installed in
different areas of the property. A summary of the
groundwater investigations was submitted with the
application;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22.
WESTPARK COMPANY, INC.
f. A master drainage plan will be submitted to all
governing agencies for their review and approval after
preliminary plat approval;
g. The Ada County Street Name Committee reviewed the
preliminary plat and commented on April 17, 1997.
Addi tional street names were required and minor alignment
changes were requested. Two names were added to the plat
which were approved by the Street Name Committee on June
8, 1995 (Highland Ranch). The preliminary plat reflects
the Street Name Committee's changes;
h. The engineer will coordinate hydrant locations on
construction plans with Meridian Public Works after
preliminary plat approval;
i. The subject property lies outside the
floodplain as designated on the FEMA maps;
100
year
j. The Applicant understands that the following
improvements are required prior to the acceptance of a
building permit application:
Domestic water
activated) ;
Pres surized irrigation system (approved and
activated) ;
Perimeter fencing (installed); and
Road base (approved by Ada County Highway
District) .
k. All proposed new public streets will have five feet
(5') sidewalks on both sides. victory Road and Locust
Grove Road frontage will have five feet (5') sidewalks as
required by Ada County Highway District.
1-
2.
system
(approved
and
3.
4.
Ms. Bowcutt's responses to the site specific comments included the
following:
a. The Applicant will provide easement documents to
Meridian Public Works Department after receiving
preliminary plat approval;
b. A site plan for future residential development of
the Stopello property was provide to Mr. Stopello for his
review. The legal description for the sewer easement,
prepared by Briggs Engineering, reflects the street
alignment in the Stoppello site plan;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23.
WESTPARK COMPANY, INC.
c. The preliminary plat has been revised to reflect the
extension of the 12 inch sewer trunk line to Victory
Road;
d. The Applicant understands that it will be
responsible for extension of the Nine Mile Sewer Trunk
line through the Stopello property and the subject
parcel. The Applicant proposes to enter into a "Late
Comer Agreement" with the City of Meridian for offsite
sewer;
e. The Applicant understands City of Meridian's
acceptance of sewage is dependent upon sewer capacity.
The project engineer will coordinate main sizing and
comply with the City's requirements;
f. The Applicant understands it must extend water from
Locust Grove through the subject property and along the
property's Locust Grove and Victory Road frontage. The
project engineer will coordinate water design with
Meridian Public Works Department;
g. The pressurized irrigation pump station is proposed
adjacent to the Ridenbaugh Canal on Nine Mile Drain. The
preliminary plat has been modified to reflect this
location. The final location of the pump station will
have to be approved by the Nampa & Meridian Irrigation
District;
h. The Applicant will coordinate with the City of
Meridian on a supplementary connection to the pressurized
irrigation system;
i. The pressurized irrigation system will be owned and
maintained by the Nampa & Meridian Irrigation District;
j. The Applicant will provide a detailed landscape plan
on the common area for the City's review prior to
submittal of the final plat. The Applicant understands
it will be required to install the landscaping or bond
prior to City signature on the final plat;
k. The existing Nine Mile Drain easement is
approximately 50 feet. The Applicant intends to relocate
the drain parallel with the Ridenbaugh Cánal. This
relocation will require coordination and approval by the
Nampa & Meridian Irrigation District and the Bureau of
Reclamation. The Applicant intends to re-channel the
drain east of its current location;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24.
WESTPARK COMPANY, INC.
.{
1. . The Applicant will install 6 feet non-combustible
fencing along the perimeter of the subject property prior
to obtaining building permits. The irrigation easements
for the Ridenbaugh Canal and Eight Mile Lateral are
proposed as separate lots. No encroachment by fencing
within the easements is proposed;
m. The revised preliminary plat reflects dimensions on
all lots;
n. The easement for the Eight Mile Lateral is 80 feet
(40 feet from ditch centerline on both sides). The
easement along the south side of the Eight Mile Lateral
has been added to the preliminary plat. The lot west of
the Eight Mile Lateral has been added to the preliminary
plat. The lot west of the Eight Mile Lateral has been
separated from the lateral lot. A block designation was
shown on the preliminary plat, Block J;
o. The Applicant will provide detailed plans for
drainage facilities and a high groundwater report by a
soils scientist for City review with the final
construction plans;
p. The Applicant will install street lights consistent
with the requirements of the City of Meridian;
q. Blocks 1, 2, J and 7 exceed the 1,000 feet block
length. The unusual configuration of the parcel limits
the lot layout potential and creates longer block
lengths. The Eight Mile Lateral creates a long block
because it inhibits the potential stub street
connections. Block 7 abuts the Ridenbaugh Canal, and two
micro-path connections have been provided in this block
to a proposed pedestrian bridge. The intent of block
limitations is to minimize the walking distance between
blocks. The Applicant believes the micro-connections in
this block provide the connection;
r. The Locust Grove entrance has been relocated south
to align with Lake Creek Street in the proposed Salmon
Rapid No.4 Subdivision. This revision meets Ada County
Highway District's standards and solves any ingress/
egress conflict between the subject parcel and Shipley
property;
s. Ada County Highway District has determined a
vehicular access across the Ridenbaugh Canal is not
preferred due to topographical differences;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25.
WESTPARK COMPANY, INC.
t. Ms. Bowcutt met with Ken Bowers of the Meridian Fire
Department, and he indicated that the two points of
ingress and egress to the parcel and three stub streets
will provide adequate access to the development for
emergency vehicles;
u. The Applicant believes a vehicular bridge is not
appropriate over the Ridenbaugh Canal and would not
provide enhanced emergency vehicle access that would
warrant the cost of $300,000.00 to $500,000.00. The
project has 140 lots which obviously could not absorb the
expense;
v. The cul-de-sac E. Mackay Drive has been revised to
meet the 450 feet maximum length;
w.
The reference to the daycare lot has been removed;
x. A turn-around
recorded;
easement
will
be
prepared
and
y. All lots meet the 80 feet frontage requirement with
th exception of corner lots and cul-de-sac lots. House
orientation has been delineated on the plat;
z. The Applicant indicates the subject property was
under separate ownership and legal one time divisions of
the properties transpired while under Ada County
jurisdiction;
aa.
The new consent forms have been submitted;
bb. The centerline radius on the curves that do not meet
the definition of an "L" intersection have been revised
to meet a 100 foot centerline radius. The plat reflects
the revisions requested by Ada County Highway District;
and
cc. The Applicant understands a development agreement is
required as a condition of annexation.
34.
The
Meridian
Police
Department,
the
Meridian
Fire
Department, the Meridian Sewer Department and the Nampa & Meridian
Irrigation District submitted comments, which respective comments
are incorporated herein as if set forth in full.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26.
WESTPARK COMPANY, INC.
35.
The
Central
District
Health
Department
submitted
comments.
Its comments are incorporated herein as if set forth in
full.
Its
submitted comments
included the following.
After
written approval from the appropriate entities are submitted, it
can approve this proposal for central sewage and central water.
Plans for central sewage and central water must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
Street runoff is not to create a mosquito
breeding problem.
Stormwater run-off should flow into a grassy
swale before discharging to the subsurface and shallow groundwater.
36.
The Ada County Highway District has or may hereafter
submit comments.
Its submitted comments, if any, are incorporated
herein
as
if
set
forth
in
full,
and
its
comments
hereafter
submitted shall be incorporated herein as if set forth in full when
submitted.
37.
There were no other comments by the public regarding this
application.
38.
The property is adjacent and abutting the present city
limits of the City of Meridian.
39.
The property which is the subject of this application is
within the Area of Impact of the City of Meridian.
40.
The entire parcel of the property is included within the
Meridian Urban Service Planning Area as the Urban Service Planning
Area is defined in the Meridian Comprehensive Plan.
41.
The property is in an area designated on the Generalized
Use Map of the Meridian Comprehensive Plan as a single family
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27.
WESTPARK COMPANY, INC.
residential area.
In the Comprehensive Plan property inside the
Urban Service Planning Area may be developed at greater densities
than one dwelling unit per acre.
42.
In the Meridian Comprehensive Plan under LAND USE, Rural
Areas, Section 6.3 provides that land in agricultural activity
should so remain in agricultural activity until urban services can
be provided.
See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 29.
43.
The
City
of
Meridian
has,
and
is,
experiencing
a
population increase.
There exist pressures on land previously used
for agricultural uses to be developed into residential subdivision
lots.
44.
The property can be physically serviced with City of
Meridian water and sewer if the Applicant extends the lines, and
constructs and installs the necessary equipment and facilities.
45.
The R-4, Low Density Residential District is described in
the Zoning and Development Ordinance, 11-2-408 B. 3 as follows:
(R-4\ Low Densitv Residential District: Only single-
family dwellings shall be permitted and no conditional
uses shall be permitted except for Planned Residential
Development and public schools. The purpose of the (r-4)
District is to permit the establishment of low density
single-family dwellings, and to delineate those areas
where predominately residential development has, or is
likely to occur in accord with the Comprehensive Plan of
the City, and to protect the integrity of residential
areas by prohibiting the intrusion of incompatible non-
residential uses. The (R-4 ) District allows for a
maximum of four (4) dwelling units per acre and requires
connection to the Municipal Water and Sewer System-of the
City of Meridian.
46.
Pursuant to the Zoning and Development Ordinance, 11-2-
411 D 1., all new single-family detached housing in the (R-4) Low
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28.
WESTPARK COMPANY, INC.
Density Residential District shall be constructed to contain at
least 1,400 square feet of living space of which the garage is not
included in determining the square footage of living space.
47.
The following pertinent statement is made in the Meridian
Comprehensive Plan under LAND USE, "2. RESIDENTIAL POLICIES 2.1U
Support a variety of residential categories (urban, rural, single-
family,
multi-family,
townhouses,
duplexes,
apartments,
condominiums etc.) for the purpose of providing the City with a
range of affordable housing opportunities."
COMPREHENSIVE PLAN
CITY OF MERIDIAN at page 23.
48.
The following pertinent statement is made in the Meridian
Comprehensive Plan under LAND USE, RURAL AREAS, section 6.3 c.:
Within the Urban Service Planning Area development may
occur in densities as low as 3 dwellings units per acre
if physical connection is made to existing City of
Meridian water and sewer service and the property is
platted and subdivided in accordance with Ada County
Zoning and Subdivision Ordinances Policy. Development
density below three dwelling units per acre may be
allowed by conditional use permit if a cost/benefit
analysis indicates positive impacts to the City of
Meridian.
COMPREHENSIVE PLAN CITY OF MERIDIAN at page 29.
49.
The following pertinent statement is made in the Meridian
Comprehensive Plan under LAND USE, RURAL AREAS, section 6.4 c.:
Residential development is allowed in the rural areas
provided that said development does not exceed the Rural
Residential Agricultural density, unless it is inside the
Urban Service Planning Area and City sewer and water is
provided, when Low, Medium and High density residential
may be considered. All residential development must also
comply with the other appropriate sections of this plan.
COMPREHENSIVE PLAN CITY OF MERIDIAN at page 30.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.9.
WESTPARK COMPANY, INC.
50.
The
following
pertinent
statements
are made
in
the
Meridian Comprehensive Plan under HOUSING, Housing Policies:
1.1 The City of Meridian intends to provide for a wide
diversity of housing types (single-family, modular,
mobile homes and multi-family arrangements) and choices
between ownership and rental dwelling units for all
income groups in a variety of locations suitable for
residential development.
* * * *
1.3 An open housing market for all persons, regardless
of race, sex, age, religion or ethnic background, shall
be encouraged.
1.4 The development of housing for all income groups
close to employment and shopping centers should be
encouraged.
COMPREHENSIVE PLAN CITY OF MERIDIAN at page 67.
51.
The City of Meridian has experienced an influx in its
population which influx is reasonably anticipated to continue.
The
property borders upon city limits of the City of Meridian, and
economic conditions are making the continuation of farming in the
area difficult.
52.
With regard to this application, Planning and Zoning
Administrator, Shari Stiles, and Assistant to the City Engineer,
Bruce Freckleton, made the specific comment that the annexation of
the property should be conditioned upon a development agreement.
53.
In 1992, the Idaho State Legislature passed amendments to
the Local Planning Act, which included amending Idaho Code Section
67-6513.
Section 67-6513 provides in part:
Each such ordinance may provide for mitigation of the
effects of subdivision development on the ability of
political subdivisions of the state, including school
districts, to deliver services without compromising
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 30.
WESTPARK COMPANY, INC.
quality of service, delivery to current residents or
imposing substantial additional costs upon current
residents to accommodate the proposed subdivision.
54.
The City of Meridian is concerned with the increase in
its population, and the impact such increase has upon its ability
to provide fire, police, emergency health care, water, sewer, parks
and recreation services to its current residents and to those
moving into the City of Meridian.
The City of Meridian is further
concerned about the impact and burden placed upon the schools of
Meridian School District No.2 resulting from the influx of its
population.
The City of Meridian knows the increase in population
does not sufficiently increase the tax base to offset the costs of
providing fire, police, emergency health care, water, sewer, and
parks and recreation services.
The City of Meridian further knows
the increase in population does not provide sufficient tax base to
provide for school services to current and future students.
55.
Pursuant to the instruction, guidance and direction of
the Idaho State Legislature, the City of Meridian may impose either
a development fee or a transfer fee on residential property, which,
if possible, would be retroactive to apply to all residential lots
in the City because of the imperilment to the health, welfare and
safety of its citizens.
56.
Section
11-9-605
C
of
the
Zoning
and
Development
Ordinance provides, "Right-of-way for pedestrian walkways in the
middle of the long blocks may be required where necessary to obtain
convenient pedestrian circulation to schools, parks or shopping
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 31.
WESTPARK COMPANY, INC.
areas; the pedestrian easement shall be at least ten feet (10')
wide."
57.
Section
11-9-605
of
the
Zoning
Development
and
G
Ordinance provides in part:
Planting strips. . . shall conform to the following:
1.
58.
Plantinq Strips - Planting strips shall be required
to be placed next to incompatible features such as
highways, railroads, commercial or industrial uses
to screen the view from residential properties.
Such screening shall be a minimum of twenty feet
(20') wide, and shall not be a part of the normal
street right of way or utility easement; .
Section
11-9-605
of
Zoning
Development
H
the
and
Ordinance provides in part:
and
shall
conform to
the
Public sites
following:
open
spaces
* * * *
59.
1.
Natural Features - Existing natural features which
add value to residential development and enhance
the attractiveness of the community (such as trees,
watercourses, historic spots and similar
irreplaceable amenities) shall be preserved in the
design of the subdivision;
Section
11-9-605
of
the
zoning
Development
and
K
Ordinance provides:
The extent and location of lands designed for linear open
space corridors should be determined largely by natural
features and, to a lesser extent, by man-made features
such as utility easements, transportation rights of way
or water rights of way. Landscaping, screening or lineal
open space corridors may be required for the protection
of residential properties from adjacent arterial streets,
waterways, railroad rights of way or other features. As
improved areas (landscaped), semi-improved areas (a
landscaped pathway only), or unimproved areas (left in a
natural state), linear open space corridors serve:
1.
To preserve openness;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 32.
WESTPARK COMPANY, INC.
2.
3.
4.
5.
6.
To interconnect park and open space systems within
rights of way for trails, walkways, bicycle ways;
To playa major role in conserving area scenic and
natural values, especially waterways, drainageways
and natural habitat;
To buffer more intensive adjacent urban land uses;
To enhance local identification within the area due
to the internal linkages; and
To link residential neighborhoods, park areas and
recreation facilities.
Subdivision plats or development plans shall show the
location of any lineal open space corridors.
60.
Section
11-9-605
the
Zoning
Development
and
L
of
Ordinance provides:
Bicycle and pedestrian pathways shall be encouraged
within new developments as part of the public right of
way or as separate easements so that an alternate
transportation system (which is distinct and separate
from the automobiles) can be provided throughout the City
Urban Service Planning Area. The Commission and Council
shall consider the Bicvcle-pedestrian DesiqnManual for
Ada Countv (as prepared by Ada county [sic] Highway
District) when reviewing bicycle and pedestrian pathway
provisions within developments.
61.
Section
11-9-605
of
Zoning
Development
M
the
and
Ordinance provides in part:
All irrigation ditches, laterals or canals, exclusive of
natural waterways, intersecting, crossing or lying
adjacent and contiguous, or which canals, ditches or
laterals touch either or both sides of the area being
subdivided, shall be covered and enclosed with tiling or
other covering equivalent in ability to detour access to
said ditch, lateral or canal.
62.
Proper notice was given as required by law and all
procedures before the Planning and zoning Commission and City
Council were given and followed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 33.
WESTPARK COMPANY, INC.
CONCLUSIONS OF LAW
1.
All the procedural requirements of the Local Planning Act
and of the Ordinances of the City of Meridian have been met;
including the mailing of notice to owners of property within 300
feet of the external boundaries of the Applicant's property.
2.
The City of Meridian has authority to annex land pursuant
to Idaho Code Section 50-222 and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian.
The exercise of
the City's annexation authority is a legislative function.
3.
The
Planning
and
Zoning commission
has
judged
this
annexation and zoning application under Idaho Code Section 50-222,
Title
67,
Chapter
65,
Idaho
Code,
Meridian
City
Ordinances,
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it may take judicial notice.
4.
There has been compliance with all notice and hearing
requirements set forth in Title 67, Chapter 65, Idaho Code, and the
Ordinances of the City of Meridian.
5.
The Commission may take judicial notice of government
ordinances, and policies, and of actual conditions existing within
the City and State.
6.
The land within the proposed annexation is contiguous to
the present city limits of the City of Meridian, and the annexation
would not be a shoestring annexation.
7.
The annexation application has been initiated by the
Applicant, and is not upon the initiation of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 34.
WESTPARK COMPANY, INC.
8.
since the annexation and zoning of land is a legislative
function,
the City has authority to place conditions upon the
annexation of land.
See Burt vs. The Citv of Idaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
9.
The development of the annexed land, if annexed, shall
meet and comply with the Ordinances of
the City of Meridian
including, but not limited to: section 11-9-616 which pertains to
development time schedules and requirements; Section 11-9-605 M,
which pertains to the piping of ditches; and Section 11-9-606 B
14., which pertains to pressurized irrigation systems.
10.
The development of the property shall be subject to and
controlled by the Zoning and Development Ordinance of the City of
Meridian.
11.
Section
11-2-417
D
of
the
zoning
and
Development
Ordinance provides in part as follows:
If property is annexed and zoned, the City may require or
permit, as a condition of the zoning, that an owner or
developer make a written commitment concerning the use or
development of the subject property. If a commitment is
required or permitted, it shall be recorded in the office
of the Ada County Recorder and shall take effect upon the
adoption of the ordinance annexing and zoning the
property, or prior if agreed to by the owner of the
parcel.
It is concluded, however, that it is more appropriate to enter into
a development agreement for the development of the property, and
therefore as a condition of annexation, a development agreement
must be entered into prior to development of the property or
issuance of final plat approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 35.
WESTPARK COMPANY, INC.
x
12.
As a condition of annexation and the zoning of (R-4) Low
Density Residential District, the Applicant shall enter into a
development agreement as authorized by 11-2-416.L and 11-2-417 D.
The development agreement shall address, but not limited to, the
following matters:
a.
b.
c.
d.
e.
Inclusion into the development the requirements of
11-9-605 ;
Payment by the Applicant, or if required, any
successors in interest, assigns, heirs, executors
or personal representatives, of any impact,
development, or transfer fee, adopted by the City;
Addressing the property access linkage, screening,
buffering, transitional land uses and traffic
study;
An impact fee, or fees for fire, police, emergency
health care, water, sewer, and parks and recreation
services as determined by the City;
Appropriate berming and landscaping;
f.
submission and approval of any required plats;
Submission and approval of individual building,
drainage, lighting, parking, and other
developmental plans of the property;
g.
h.
Harmonizing and integrating the site improvements
with the surrounding residential development and
other development;
1.
Addressing and complying with the present general
and site specific comments of and the comments
hereafter made by the Planning and Zoning
Administrator;
j.
Addressing and complying with the present general
and site specific comments of and the comments
hereafter made by the city Engineer and the
Assistant to the City Engineer;
Addressing and complying with the comments and
requirements of the Ada County Highway District;
k.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 36.
WESTPARK COMPANY, INC.
1.
Addressing and complying with the comments and
requirements of other governmental agencies
submitting comments;
The sewer and water requirements;
m.
n.
Traffic plans and
development; and
Any other items or matters deemed necessary by the
City Staff, including design review of all
development, and conditional use processing.
access
into
and
out
of
any
o.
13.
As the property is in an area marked as a single family
residential area,
the annexation and zoning application is in
conformance with the Rural Area policies.
14.
The development of the property as an (R-4) Low Density
Residential District,
as requested by the Applicant,
would be
compatible to the development in the surrounding area.
15.
It is therefore concluded that the annexing and zoning of
the property is in the best interest of the City of Meridian, and
it is concluded that the annexation shall be conditioned upon
meeting the requirements of these Findings of Fact and Conclusions
of Law and if they are not met the land may be de-annexed.
16.
The requirements of the Meridian City Engineer, Meridian
Planning and zoning Administrator, Ada County Highway District,
Central District Health Department, the Nampa & Meridian Irrigation
District and other governmental agencies shall be met and addressed
in a development agreement.
17.
All ditches, canals, and waterways shall be tiled as a
condition of annexation and if not so tiled, the property shall be
subject to de-annexation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 37.
WESTPARK COMPANY, INC.
~
18.
Pressurized
irrigation
shall
be
installed
and
constructed, and if not so done the property shall be subject to
de-annexation.
19.
The Applicant shall be required to connect the property
to Meridian water and sewer, extend the water and sewer lines to
serve the property, and resolve how the water and sewer mains will
serve the property, all of which shall be at the Applicant's, or
its successor's, or successors' cost and expense.
Said water and
sewer requirements shall be performed on or before the time that
the Applicant or its successor, or successors desire to use the
property or place a user on the property.
20.
These conditions shall run with the land and bind the
Applicant and its successors in interest, assigns, heirs, executors
or personal representatives.
21.
with
compliance
of
the
conditions
and
requirements
contained herein, the annexation and zoning of the property as (R-
4) Low Density Residential District would be in the best interest
of the City of Meridian.
22.
If these conditions of approval are not met, the property
shall not be annexed or if already annexed, it shall be de-annexed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 38.
WESTPARK COMPANY, INC.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Planning and Zoning Commission of the City of Meridian
hereby adopts and approves these Findings of Fact and Conclusions
of Law.
ROLL CALL
COMMISSIONER BORUP
COMMISSIONER SMITH
COMMISSIONER MACCOY
VOTED þ-.
VOTED ~
VOTED ~
VOTED ~~~
VOTED
COMMISSIONER MANNING
CHAIRMAN JOHNSON (TIE BREAKER)
DECISION AND RECOMMENDATION
The Planning and zoning Commission hereby recommends that the
property set forth in the application be approved by the City
Council for annexation and zoning under the conditions set forth in
these Findings of Fact and Conclusions of Law, including that the
Applicant or its successors in interest, assigns, heirs, executors
or personal representatives enter into a development agreement;
that if the Applicant is not agreeable with these Findings of Fact
and Conclusions of Law and/or is not agreeable with entering into
a development agreement, the property should not be annexed.
MOTION:
~
APPROVED:~(tl1 '7
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 39.
WESTPARK COMPANY, INC.
~
I(~{qí
WILLIAM G. BERG, JR., City Cieri<
JANICE L SMITH, City Treasurer
GARY D. SMITH. P.E.. City EnglnBer
BRUCE D. STUART, Water Wol1<s Supl.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Pal1<s Sup!.
SHARI L. STILES, P & Z Administrator
PAlTY A. WOLFKIEL, DMV Supervisor
KENNETH W.BOWERS, Are Chief
W.L. "BILL" GORDON. Pollee Chle'
WAYNE G. CROOKSTON. JR.. Aitomey
~
HUB OF TREASURE VAUEY
A Good Place to Live
CO"NCII MEMBERS
WALTW. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE'
GLENN R. BENTLEY
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433. FAX (208) 887.4813
Pnblic WorksIBuilding Department (208) 887-2211
Motor Vehic1e1Drivers License (208) 888-4443
P . Z COMMISSION
JIM JOHNSON, Chairman
GREG OSLUND
MALCOLM MACCOY
KEITH BORUP
RON MANNING
ROBERT Ð. CORRIE
Mayor
MEMORANDUM:
May 8, 1997
To: Planning & Zoning Commission/Mayor & Council
From: Bruce Freckleton, Assistant to City Engineer ~
Shari Stiles, Planning and Zoning Administrat~
Re:
Application for Annexation and Zoning of 48.70 Acres toR-4 with a Preliminary Plat
for 139 Single-family Lots - Proposed Sherbrooke Hollow Subdivision by Westpark
Company, Inc.
We have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the Applicant during the hearing process:
GENERAL COMMENTS:
1.
Any existing irrigation/drainage ditches crossing or adjoining the subject property shall
be tiled per City Ordinance 11-9-605.M. The ditches to be piped are to be shown on
the Preliminary Plat. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with written confmnation of
said approval submitted to the Public Works Department. No variances have been
requested for tiling of any ditches crossing this project.
2.
Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 5-7-517. Wells may
be used for non-domestic purposes such as landscape irrigation.
3.
Determine the seasonal high groundwater elevation, and submit a prof1le of the
subsurface soil conditions as prepared by a soil scientist with the street development
plans.
4.
Submit a master street drainage plan, including method of disposal, with approval from
the affected irrigation/drainage district.
:
P&Z Commission, Mayor & Council
May 8, 1997
Page 2
5.
6.
7.
8.
Submit letter from the Ada County Street Name Committee, approving the subdivision
and street names. Make any necessary corrections to the Preliminary Plat map prior to
resubmittal to the City.
Coordinate fire hydrant placement with Meridian's Water Works Superintendent.
Indicate any existing FEMA floodplain boundaries on the preliminary plat map, and/or
any plans to reduce said boundaries.
Street signs are to be in place, water system shall be approved and activated,
pressurized irrigation system shall be approved and activated, perimeter fencing
installed, and road base to be approved by the Ada County Highway District prior to
acceptance of building permit applications.
9.
Provide five-foot-wide sidewalks on both sides of proposed streets in accordance with
City Ordinance Section 11-9-606.B.
10.
Respond, in writing, to each of the comments contained in this memorandum and
submit to the City Clerk's office prior to the scheduled hearing date.
SITE SPECIFIC COMMENTS:
1.
Sanitary sewer service for this development shall be off of an extension of the existing
sanitary sewer main in Los Alamitos Park Subdivision. Easements across the property
adjacent to the north boundary shall be submitted for review by the Public Works
Department. Sewer mains installed in easements across undeveloped land shall be
designed such that they will be within future rights-of-way. The 12-inch trunk line
shown on the preliminary plat should be routed back west in S. Mackay Drive to S.
Potlatch Avenue, then extended to W. Victory Road. Applicant will b~ responsible to
construct the sewer mains to and through this proposed development.
The treatment capacity of the Meridian Wastewater Treatment Plant is currently being
evaluated. Approval of this application needs to be contingent upon our ability to
accept the additional sanitary sewage generated by this proposed development. The
subdivision designer is to coordinate main sizing and routing with the Meridian Public
Works Department. Sewer manholes are to be provided to keep the sewer lines on the
south and west sides of roadway centerlines.
2
P&Z Commission, Mayor & Council
May 8, 1997
Page 3
2.
3.
4.
Water service for this development shall be off of an extension of the existing main
located in Locust Grove Road. Applicant is responsible for extension of water service
to and through this development. Water service to this development is contingent upon
positive results from a hydraulic analysis by our computer model. The subdivision
designer is to coordinate routing with the Meridian Public Works Department. Water
lines shall be located on the north and east sides of roadway centerlines.
Indicate on the preliminary plat map the pump station location for pressurized
irrigation. Any proposal for a supplementary connection from the City's water system
to the pressurized irrigation system being proposed will need to be reviewed closely
due to the size of the area to be watered. Applicant shall provide a statement as to the
ownership of and operation/maintenance of the pressurized irrigation system.
A detailed landscape plan for the common areas shall be submitted for review and
approval prior to submittal of the fmal plat. A letter of credit or cash surety will be
required for the improvements prior to signature on the final plat.
5.
No easement is shown for the existing Nine Mile Drain. Applicant proposes relocating
the Nine Mile Drain, but no plan for how this will be accomplished is shown. Submit
plans and approvals from the appropriate agencies for relocation of this drainage.
6.
Install non-combustible, six-foot-high, permanent perimeter fencing prior to obtaining
building permits unless this requirement is specifically waived in writing by the City.
Fencing of the Eight Mile Lateral and Ridenbaugh Canal is not to encroach on existing
easements.
7.
Provide scaled dimensions of all lots on the revised plat.
8.
It appears that either the easement for the Eight Mile Lateral is not shown correctly or
the canal is not located within the easement. Please explain this difference. Also, it
would appear the east lot line for the proposed lot on Locust Grove Road falls within
the Eight Mile Lateral. This lot also does not appear to have a block designation. This
lot will need to be separate from the common area lot of the Eight Mile Lateral.
9.
The City has been experiencing problems with groundwater in drainage areas. Provide
detailed plans for these drainage lots, along with the determination of high groundwater
as prepared by a soils scientist, to assure that the ponds will not be impacted by high
groundwater.
3
P&Z Commission, Mayor & Council
May 8, 1997
Page 4
10.
II.
12.
13.
14.
15.
16.
Install 250- and Ioo-watt high-pressure sodium streetlights. at locations designated by
the Meridian Public Works Department after Idaho Power Company completes their
design for the service of this development. All streetlights shall be installed at
subdivider's expense.
Blocks 1, 2, 3 and 7 exceed the maximum I,DOO-foot length allowed by Ordinance.
An additional stub street shall be provided in Block I to the John Shipley property.
The proposed road to Locust Grove Road is only 50 feet from the driveway to the
Shipley property and may negatively impact his ability to access and leave his property.
As the property to the east of the Ridenbaugh Canal is a portion of a larger holding of
the Applicant which is intended for subsequent development, a bridge should be
provided over the Ridenbaugh. for life safety vehicles and inter-neighborhood
circulation. Street names need to be provided for these new streets, as well as the stub
street to the Frank Stopello property and the short street section between Dworshak
Drive and E. Limousine Drive.
The cul-de-sac for S. Mackay Drive exceeds the 450-foot maximum allowed length.
All references to a daycare lot need to be removed from the plat. The R-4 wne does
not permit a daycare, and daycares need to be approved under the conditional use
permit process. The Applicant will need to apply at a later date for appropriate zoning
and conditional use permit.
The temporary turnaround shown on the south end of S. Bull Trout Avenue may make
the affected lots unbuildable until the street goes through. An instrument is to be
recorded, either prior to or after plat recordation, providing an easement for the
temporary turnaround. The document would have a provision that the easement would
automatically be rescinded once the streets are able to go through.
All lots are to have a minimum frontage of 80 feet. Frontage on:' corner lots is
determined by the line length plus one-half of the chamfer length. Indicate front of
house designation on lots that do not meet the minimum on one side.
Information from the Assessor's office indicates that not all of the parcels as they
currently exist are proposed as part of the development. Why are only partial parcels
being proposed for annexation and development at this time?
4
P&Z Commission, Mayor & Council
May 8, 1997
Page 5
17.
The notarized consents from property owners are over two years old. Provide new
notarized consents indicating the property owners have agreed to the current annexation
and plat applications.
18.
The minimum centerline radius of curves for a1llocal streets is 100 feet per ACHD
Development Policy 7204.4.11. Four curves within this proposed development do not
conform. Revise the plat to correct this.
19.
Submit three copies of the revised plat incorporating all required changes to the City
Clerk's office prior to the June 10, 1997 Planning & Zoning Commission meeting.
Staff will review the revised plat and may have additional comments at that time.
20.
A development agreement is required as a condition of annexation.
5
Meridian City Council
August 5, 1997
Page 22
Morrow. Mr. Mayor, I would ask the City Attorney if there has been substantial enough
change in testimony or enough testimony that it would merit a change in the findings of
fact and conclusions?
Crookston: No there has not.
*- Morrow. That being the case I would move that we adopt the findings of fact and
conclusions as prepared for us by P & Z.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the findings of
fact and conclusions of law prepared by Planning and Zoning, roll call vote.
ROLL CALL VOTE: Tolsma - Yea, Rountree -Yea, Bentley - Yea, Morrow - Yea
MOTION CARRIED: All Yea
Corrie: Entertain a motion for the decision and recommendation.
Morrow. Mr. Mayor, I would move that the City Council of the City of Meridian approve
for annexation and zoning under the conditions set forth for these findings of fact and
conclusions of law. Including that the applicant or its successors and interests, assigns,
heirs, executors, or personal representatives enter into a development agreement. That
if the applicant is not agreeable with these findings of fact and conclusions of law and or
is not agreeable with entering with a development agreement the property should not be
annexed. The development agreement would also include a resolution to the draingage
issues with respect to the Shipley property.
Rountree: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the decision and
recommendation, any further discussio~ Hearing none, all those in favor? Opposed?
MOTION CARRIED: All Yea
Corrie: We need a motion for an ordinance.
Morrow. Mr. Mayor, I would move that we instruct the City Attorney to prepare an
annexation ordinance for the annexation and zoning of the 48.7 acres to R-4 by
Westpark Company.
Bentley: Second
RESOLUTION NO. 25'7
BY: {};t:(lu;d-~aV1 Gkftlt.&~f(':J
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE
51}- DAY OF tJch? /;J...e-v , 1999, BY AND BETWEEN THE CITY
OF MERIDIAN AND GEM PARI( II, A GENERAL PARTNERSHIP DIVIDEND
DEVELOPMENT, INc., AND THE WESTPARI( COMPANY, INc., GENERAL
PARTNERS.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with GEM PARI( II, A GENERAL PARTNERSHIP DIVIDEND
DEVELOPMENT, INc. AND THE WESTPARI( COMPANY, INc., GENERAL
PARTNERS, denoted as "DEVELOPMENT AGREEMENT", a copy of which is
attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority
for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL, as follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with GEM PARI( II, A GENERAL
PARTNERSHIP DIVIDEND DEVELOPMENT, INc. AND THE WESTPARI(
COMPANY, INc., GENERAL PARTNERS, entitled "DEVELOPMENT
AGREEMENT", dated the ~ day of ¿;Jc/o~, 1999, by and between the City
of Meridian and GEM PARI( II, A GENERAL PARTNERSHIP DIVIDEND
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING - PAGE 1 OF 2
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE
MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT
WITH GEM PARI( II, A GENERAL PARTNERSHIP DIVIDEND
DEVELOPMENT, INc. AND THE WESTPARI( COMPANY, INc.,
GENERAL PARTNERS
DEVELOPMENT. INc. AND THE WESTPARI( COMPANY, INc., GENERAL
PARTNERS, a copy of which is attached hereto marked as Exhibit "A" to this
Resolution and to bind this City to its terms and conditions.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
g~ day of f)cl,t?~ , 1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
S--".!:.
day of t9ch 6ÞO-/ , 1999.
ØYtJ~ 't
MAYOR
ATTEST:
~fi~C)
TY CLERI( ,
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING - PAGE 2 OF 2
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE
MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT
WITH GEM PARI( II, A GENERAL PARTNERSHIP DIVIDEND
DEVELOPMENT. INc. AND THE WESTPARI( COMPANY, INc.,
GENERAL PARTNERS
CERTIFICATE OF CLERI(
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
I. That I am the duly appointed and elected Clerk of the City of Meridian,
a dilly incorporated City operating under the laws of the State of Idaho, with its
principal office at 33 East Idaho, Meridian. Idaho.
2. That as the City Clerk of this City. I am the custodian of its records and
minutes and do hereby certify that on this /5-6 day of £Jc;fi?6o- , 1999, the
following action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY. AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE 54-
DAY OF tJc.l'O 6..et- , 1999, BY AND BETWEEN THE CITY OF-
MERIDIAN AND GEM PARI( II, A GENERAL PARTNERSHIP DIVIDEND
DEVELOPMENT, INc., AND THE WESTPARI( COMPANY, 1Nc., GENERAL
PARTNERS.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with GEM PARI( II, A GENERAL PARTNERSHIP DIVIDEND
DEVELOPMENT, INc. AND THE WESTPARI( COMPANY, INc., GENERAL
PARTNERS, denoted as "DEVELOPMENT AGREEMENT", a copy of which is
attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority
for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL, as follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with GEM P ARI( II, A GENERAL
PARTNERSHIP DIVIDEND DEVELOPMENT, INc. AND THE WESTPARI(
COMPANY, INc., GENERAL PARTNERS, entitled "DEVELOPMENT
AGREEMENT", dated the S-~ day of Oe.-Þ/;..2r-, 1999, by and between the City
of Meridian and GEM PARI( II, A GENERAL PARTNERSHIP DIVIDEND
DEVELOPMENT, INc. AND THE WESTPARIC COMPANY, INc., GENERAL
PARTNERS, a copy of which is attached hereto marked as Exhibit "A" to this
Resolution and to bind this City to its terms and conditions.
f4~\.A~Þ~,9.
S WILLIAM G. BERG, J .
~ SEAL ~
; 7. ,f, f
%. .,() ~r 1S'{' '" i? j
'\:." 'if Q.,. - ~~. 'f>" "",
) "'->,,-vuNrI ' I"""
: ss. "'11""""",,
County of Ada, )
t1 On this ~ day of ~W-"--' , in the year 1999, before me,
NN ¡¡f'/C1 D - OVG-t..L1 h . a Notary Public, appeared
WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City
of Meridian, Idaho, that executed the said instrument, and acknowledged to me that
he executed the same on behalf of the City of Meridian.
STATE OF IDAHO,
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