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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.- ,"':.":,4,:d/, ;,,; >\~*":;'."-Š~::;~..< . ""'~"""'" 'f"'" /~.'","',.::., "':','Z~'\'" :'I-,¿",-OJAR}':",-¡;;\ . i~.I~~¡;..d::',,- ".'.' ~ '* ~ ,~,.}¡ "'.¡/CS'- \CO.' i ;~ ;~"¿'~;Lö;>~?" , 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, ,.,.......~ ", 0 ....-;.. t). "~...."'I I~~"'~\ :.~. ~ .,.OT~,. \ i (S~ -- :*! ~ . IItTB\..\G: ¡ ~~,p \. /.0 ¡ '- or., ~....., t.~ ,i' ....~ 1'lr OF \'9...'" """'..,u"'" au j:tv Æ ({k~ Notary Public for Idaho Commission Expires:! I~Q ;t-oy msglZ:\Work\M\Meridian 15360M\Sherbrooke Hollows No.3\CerrificateClerkforResolurion