Staten Park Subdivision AZ 01-009
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RECORDED. REO EST OF
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102119241
MERIDIAN CITY
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
3.
City of Meridian
CAFCO, Inc. an Idaho Corporation, Owner
CAFCO, Inc. an Idaho Corporation,lDeveloper
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 4~ day of (Jell) h-vv ,2 (l(}Z. by and between CITY OF
MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY", and
CAFCO, Inc. an Idaho Corporation, hereinafter called "OWNER" and "Developer" whose
address is do Doug Campbell, 1661 Shoreline Drive, Boise, Idaho 83702.
1.
RECITALS:
1.1 WHEREAS, "OWNER" is the sole owner, in law and/or equity, of
certain tract ofland in the County of Ada, State ofIdaho, described
in Exhibit A, which is attached hereto and by this reference
incorporated herein as if set forth in full, herein after referred to as
the "PROPERTY"; and
1.2 WHEREAS, I.C. '67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"OWNER" or "Developer" make a written commitment concerning
the use or development of the su~ect "PROPERTY"; and
1.3 WHEREAS, "CITY" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "OWNER" and "Developer" have submitted an
application for annexation and zoning of the "PROPERTY"
described in Exhibit A, and has requested a designation of (R-4)
Low Density Residential District, (Municipal Code of the City of
Meridian); and
1.5 WHEREAS, "OWNER" and "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
DEVELOPMENT AGREEMENT (AZ-OI-O09) - 1
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 govermnent
subdivisions providing services within the City of Meridian planning
jurisdiction, and received further testimony and comment; and
1.7 WHEREAS, City Council, the tyi day of IJuqu.s-./; 2001, has
approved certain Findings of Fact and Conclu~fiaw 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 "OWNER" and
"Developer" enter into a development agreement before the City
Council takes final action on annexation and zoning designation;
and
1.9 "OWNER" and "Developer" deem it to be in its best interest to
be able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and
requests; and
1.10 WHEREAS, "CITY" requires the "OWNER" and "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 govermnent subdivisions providing
services within the planning jurisdiction and from affected property
owners and to ensure annexation and zoning designation is in
accordance with the Comprehensive Plan of the City of Meridian
adopted December 21, 1993, Ordinance #629, January 4, 1994, and
the Zoning and Development Ordinances codified in Meridian City
Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
DEVELOPMENT AGREEMENT (AZ-Ol-OO9) - 2
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFlNffiONS: 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 "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 ofIdaho, organized and existing by virtue of
law of the State ofIdaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 "OWNER" and "Developer": means and refers to CAFCO, Inc.
an Idaho Corporation, whose address is do Doug Campbell, 1661
Shoreline Drive, Boise, Idaho 83702, the party developing said
"PROPERTY" and shall include any subsequent
owner(s)/developer(s) of the "PROPERTY".
3.3 "PROPERTY": means and refers to that certain parcel(s) of
"PROPERTY" located in the County of Ada, City of Meridian as
described in Exhibit "A", attached hereto and by this reference
incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "CITY's Zoning Ordinance codified at Meridian
City Code Section 11-7-2 (C) which are herein specified as follows:
Construction and development of 23 single:family residential
building lots and 5 other lots.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "OWNER" and
"Developer" are not required to submit to "CITY" an application for conditional use
permit.
DEVELOPMENT AGREEMENT (AZ-OI-009) - 3
6. CONDffiONS GOVERNING DEVEWPMENT OF SUBJECT
PROPERTY:
6.A "OWNER" and "Developer" shall develop the "PROPERTY" in
accordance with the following special conditions:
1. Due to the fact that the applicant is proposing minimum house square footages
greater than that required in an R-4 zone and inclusion of a pathway, a
development agreement shall be required as a condition of annexation.
2. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped
shall be shown on the site plans. Plans shall be approved by the appropriate
irrigation! drainage district, or lateral users association, with written
confirmation of said approval submitted to the Public Works Department. The
applicant shall not be required to tile Eight Mile Lateral.
3. Any existing domestic wells and/or septic systems within this project shall be
removed from their domestic service per City Ordinance Sections 9-1-4 and 9-
4-8. Wells may be used for non-domestic purposes such as landscaping
irrigation.
3. Five-foot-wide sidewalks and pedestrian walkways shall be provided in
accordance with City Ordinance Section 12-5-2.K.
4. Minimum frontage for lots in an R-4 zone is 80 feet. Lots 1,3, 4 and 6 only
meet this requirement on one side and shall require directional arrows
indicating where the front of the house shall be oriented. Frontage for
corner lots is determined by taking the line length plus one-half of the
chamfer length. Cul-de-sac lots shall have a minimum chord length of 40
feet.
Adopt the Recommendations of the Ada County Highway District as follows:
5. Applicant shall comply with Ada County Highway Districts' Site Specific
Requirements and their Standard Requirements listed within their letter
dated May 14, 2001.
7. COMPLIANCE PERIOD! CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
DEVELOPMENT AGREEMENT (AZ-OI-009) -4
reversed, upon a default of the "Owner" and "Developer" or "Owner" and "Developer's"
heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing
Development" of subject "Property" of this agreement within two years of the date this
Agreement is effective, and after the "City" has complied with the notice and hearing
procedures as outlined in I.C. ' 67-6509, or any subsequent amendments or recodifications
thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" and "Developer" consent 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:
8.1 That the "City" provide written notice of any failure to comply with
this Agreement to "Owner" and "Developer" and if the "Owner"
and "Developer" fails to cure such failure within six (6) months of
such notice.
9. INSPECTION: "Owner" and "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.
10.
DEFAULT:
10.1 In the event "Owner" and "Developer", "Owner" and
"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.
10.2 A waiver by "City" of any default by "Owner" and "Developer" of
anyone or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any other
DEVELOPMENT AGREEMENT (AZ-OI-O09) - 5
rights or remedies of "City" or apply to any subsequent breach of
any such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner" and "Developer's cost, and submit proof of such recording to "Owner" and
"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. Iffor 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.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owner" and "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.
13.1 In the event of a material breach of this Agreement, the parties
agree that "City" and "Owner" 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.
13.2 In the event the performance of any covenant to be performed
hereunder by either "Owner" and "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.
DEVELOPMENT AGREEMENT (AZ-Ol-O09) - 6
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code '12-5-3, to insure that installation of the improvements,
which the "Owner" and "Developer" agrees to provide, if required by the "city".
15. CERTIFICATE OF OCCUPANCY: The "Owner" and "Developer"
agrees that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" and "Owner" and "Developer" have entered into an
addendum agreement stating when the improvements will be completed in a phased
developed; and in any event, no Certificates of Occupancy shall be issued in any phase in
which the improvements have not been installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and
"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.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY:
OWNER and DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
CAFCO, Inc.
c/o Doug Campbell
1661 Shoreline Drive
Boise, Idaho 83702
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
17.1
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.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevai1ing party shall be entitled, in addition
DEVELOPMENT AGREEMENT (AZ-Ol-OO9) -7
to any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder
shall constitute a breach of and a default under this Agreement by the other party so failing
to perform.
20. 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 ofthe "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 benefited and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Owner" and "Developer", to execute
appropriate and recordable evidence of termination of this Agreement if"City", in its sole
and reasonable discretion, had determined that "Owner" and "Developer" has fully
performed its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner" and
"Developer" and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or implied,
between "Owner" and "Developer" and "City", other than as are stated herein. Except as
herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect
to "City", to a duly adopted ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions governing
development of the subject "Property" herein provided for can be
DEVELOPMENT AGREEMENT (AZ-OI-O09) - 8
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.
23. 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 (AZ-Ol-OO9) - 9
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and Made it effective as hereinabove provided.
OWNER & DEVELOPER, CAFCO, INC.
BY:
Attest :
BY:
CITY OF MERIDIAN
[J e:= 0
YO ROBERT D. CORRIE
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DEVELOPMENT AGREEMENT (AZ-OI-009) - 10 . ,
4.
On this ,# day of (!) ~ , in the year 2002, before
me, (t.fl4h fc.e;, ~ 1_-.:: a Notary Public, personally appeared
I A ~ 5 (7A1-YpA-;eF~0i and
, known or identified to me to be general
partners ofCAFCO, Inc. an Idaho Corporation, and the persons who executed the instrument
and acknowledged to me that they having executed the same on behalf of said CAFCO, Inc.
an Idaho Corporation
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STATE OF IDAHO )
STATE OF IDAHO)
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COUNTY OF ADA )
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County of Ada )
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Residing at: J::Vl'S/E..- ~
Commission expires: R /17/ 7
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On this I ~ day of fJchJw , in the year 2002,
before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg,
Jr., known or identified to me to be the Mayor and Clerk, respectively, of the City of
Meridian, who executed the instrument or the person that executed the instrument of
behalf of said City, and acknowledged to me that such City executed the same.
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DEVELOPMENT AGREEMENT (AZ-Ol-009) - 11
EXHmIT A
Lel!lll Description Of Property
PARCEL 2, as shown on Record of survey No. 4892, recorded as Instrument No.
97101984 in the Ada County Recorder's office, being a parcel ofland in Government
Lot 4 of Section 3., T .3N., R 1 W., B.M., Ada County, Idaho, being more particularly
described as follows:
Commencing at the northwest corner of said Section 3, in the intersection ofUstick
Road and Black Cat Road; thence, S. 89010'38" E, 1314.32 feet (S. 89053"E., 1320.0
feet per previous deed) along the north line of said Section (centerline of U stick
Road) to the northeast comer of said Government Lot 4 and the POINT OF
BEGINNING; thence,
S. 00033'02" W. (S.0008"W), 834.98 feet along the east line of said Lot 4 to a point
in the centerline of Eight Mile Lateral of the Ridenbaugh canal; thence, along said
centerline the following courses:
N. 49045'05" W., 57.26 feet; thence
N. 57020'47" W., 192.74 feet; thence,
N. 54035'00" W., 126.50 feet; thence,
N. 63059'23" W., 202.17 feet; thence,
N. 60005'49" W., 48.03 feet to a point; thence, leaving said centerline,
N. 00033'02" E., 515.75 feetto a point on the north line of said Section 3 (centerline
of Us tick Road); thence continuing,
N. 00033'02" E., 25.00 feet to a point on the north right of way of Us tick Road;
thence,
S. 89010'38" E., 535.54 feet along said right of way to a point; thence,
S. 00033'02" W., 25.00 feet to the POINT OF BEGINNING, said Parcel 2
containing 8.46 acres ofland, more ore less, and being subject to the right of way of
said Ustick Road and the easement for said Eight Mile Lateral.
DEVELOPMENT AGREEMENT (AZ-OI-00l) - 12
EXlllBIT B
Findines of Fact and Conclusions of Law/Conditions of Aooroval
DEVELOPMENT AGREEMENT (AZ-OI-00l)-13
,
..
BEFORE THE MERIDIAN CITY COUNCIL
ClC 07/17/01
IN THE MATTER OF THE )
APPLICATION OF D' ALESSIO )
BUILDING & DEVELOPMENT, )
INC., THE APPLICATION FOR )
ANNEXATION AND ZONING )
OF 8.15 ACRES FOR )
PROPOSED STATEN PARK )
SUBDIVISION, LOCATED AT )
THE SOUTHEAST CORNER OF )
N. BLACK CAT ROAD AND W. )
USTICK ROAD, MERIDIAN, )
IDAHO )
)
Case No. AZ-O 1-009
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on for
public hearing on July 17, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning
and Zoning Administrator, appeared and testified, and appearing was the Applicant,
Dan D'Alessio, and no one appeared in opposition, and the City Council having duly
considered the evidence and the record in this matter therefore makes the following
Findings of Fact and Conclusions of Law, and Decision and Order;
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and
FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 1
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONINGIBY D' ALESSIO BUILDING &
DEVELOPMENT, INC / STATEN PARK SUBDIVISION - (AZ-OI-009 )
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for July 17, 2001, before the City Council, the first publication appearing
and written notice having been mailed to propeny owners or purchasers of record
within three hundred feet (300') of the external boundaries of the propeny under
consideration more than fifteen (15) days prior to said hearing and with the notice of
public hearing having been posted upon the propeny under consideration more than
one week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the July 17, 2001, public
hearing; and the applicant, affected propeny owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opponunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
fonh in Idaho Code ~ 67-6509 and 67-6511, and Meridian City Code 99 11-15-5
and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance establishing the Impact Area Boundary.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING &
DEVELOPMENT, INC/ STATEN PARK SUBDIVISION - (AZ-Ol-009)
Page 2
4. The property which is the subject of the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full.
5. The property is approximately 8.15 acres in size and is located at the
southeast comer of N. Black Cat Road and W. Ustick Road, Meridian, Idaho. The
property is designated as Staten Park Subdivision.
6. The owner of record of the subject property is Stewart Terry and Verla
Terry, whose address is 3709 Pasadena Drive, Boise, Idaho 83705.
7. Applicant is D' Alessio Building & Development, Inc., whose address is
6314 N. Park Meadow Way, Suite 103, Boise, Idaho 83713.
8. The property is presently zoned by Ada County as RUT, and consists of
pasture land.
9. The Applicant requests the property be zoned as R-4.
10. The subject property is bordered to the north and west by Ada County
property, zoned RUT and to the south and east by the City limits zoned R-4.
11. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
13. The Applicant proposes to develop the subject property in the following
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY D' ALESSIO BUILDING &
DEVELOPMENT, INC / STATEN PARK SUBDIVISION - (AZ-O 1-009 )
manner: develop 23 single-family residential building lots and 5 other lots.
14. The Applicant requests zoning of the subject real property as R-4 which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Single-Family Residential.
15. There are no significant or scenic features of major importance that
affect the consideration of this application.
16. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1. Due to the fact that the applicant is proposing minimum house square
footages greater than that required in an R-4 zone and inclusion of a
pathway, a development agreement shall be required as a condition of
annexation.
2. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be
piped shall be shown on the site plans. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department. The applicant shall not be required to tile the Eight Mile
Lateral.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGlBY D' ALESSIO BUILDING &
DEVELOPMENT, INCI STATEN PARK SUBDIVISION - (AZ-OI-009)
Page 4
3. Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance
Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscaping irrigation.
4. Five-foot-,vide sidewalks and pedestrian walkways shall be provided in
accordance ,vith City Ordinance Section 12-5-2.K.
5. Minimum frontage for lots in an R-4 zone is 80 feet. Lots 1,3, 4 and 6
only meet this requirement on one side and shall require directional
arrows indicating where the front of the house shall be oriented.
Frontage for comer lots is determined by taking the line length plus one-
half of the chamfer length. Cul-de-sac lots shall have a minimum chord
length of 40 feet.
Adopt the Recommendations of the Ada County Highway District as follows:
6. Applicant shall comply with Ada County Highway Districts' Site
Specific Requirements and their Standard Requirements listed within
their letter dated May 14,2001.
18. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 16, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
19. It is also found that the development considerations as referenced in
Finding No. 16 are reasonable to require and must be taken into account, in order to
assure the proposed development is designed, constructed, operated and maintained
in a manner which is harmonious and appropriate in appearance with the existing, or
intended character of the general vicinity, in order to assure that the proposed use
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING &
DEVELOPMENT, INC / STATEN PARK SUBDIVISION - (AZ-Ol-009 )
Page 5
\vill not change the essential character of the affected vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
20. It is found that the zoning of the subject real property as Low Density
Residential District (R-4) requires connection to the Municipal Water and Sewer
systems and will be compatible with the Applicant's development intentions, and \vill
assure that the zoning is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Single-Family
Residential.
21. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
21.1 The consideration of the provisions of the Comprehensive Plan and the
requirements of the zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high- .
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive Plan
and the zoning ordinance of the City to all applications such as the
subject application.
21.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING &
DEVELOPMENT, INC/ STATEN PARK SUBDIVISION - (AZ-OI-009 )
Page 6
21.3 The application is consistent with Meridian's self identity.
21.4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive Plan and the zoning ordinance of the City to the subject
application.
21.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
21.6 Compatible and efficient use ofland through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
Plan and the zoning ordinance of the City to the subject application.
22. The propeny can be physically serviced with City water and sewer.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real propeny upon written
request for annexation and the real propeny being contiguous or adjacent to city
boundaries and that said propeny lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code ~ 11-16 provides the City may
annex real propeny that is within the Meridian Urban Service Planning Area as set
fonh in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BYD' ALESSIO BUILDING &
DEVELOPMENT, INC/ STATEN PARKSUBDMSION - (AZ-OI-009)
Page 7
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted
December 21,1993, Ord. No. 629, January 4,1994.'
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment by
adopting City-wide and Urban Service Planning Area policies,
which deal with area-specific policies and programs.
4.2 To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
4.3 To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
4.4 To provide housing opportunities for all economic groups
within the community.
4.5 To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
4.6 To encourage cultural, educational and recreational
FINDINGS OF FACT AND CONCLUSIONS OF LAW.
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY D' ALESSIO BUILDING &
DEVELOPMENT, INC / STATEN PARK SUBDIVISION - (AZ-OI-009 )
Page 8
facilities which will fill the needs and preferences of the
dtizens of Meridian and to insure that these facilities are
available to all residents of the City.
4.7 To provide community services to fit existing and projected
needs.
4.8 To establish compatible and effident use of land through
the use of innovative and functional site design.
4.9 To encourage a balance oflanduse patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
5. The zonings of Low Density Residential District (R-4) are defined in the
Zoning Ordinance at 9 11-7-2 C. 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 predominantly 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
nonresidential uses. The R-4 District alloWs for a maximum of four (4) dwelling
units per acre and requires connection to the Municipal water and sewer systems
of the City.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is not required for Applicant to construct and develop a possible
single-family residential development.
7. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING &
DEVELOPMENT, INC / STATEN PARK SUBDIVISION - (AZ-OI-009 )
Page 9
Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8. The development of the anne-xed land, if anne-xed, shall meet and comply
\vith the Ordinances of the City of Meridian including, but not limited to: Section 12-2-
4 which pertains to development time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinances of the City of Meridian.
10. Section 11-16-4 A 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
tal<e effect upon the adoption of the ordinance annexing and zoning the property,
or prior if agreed to by the owner of the parcel. Unless the commitment is
modified or terminated by the City Coundl, the commitment shall be binding on
the owner of the parcel, each subsequent owner, and each other person acquiring
an interest in the property. A commitment is binding on the owner of the
property even if it is unrecorded; however, an unrecorded commitment is binding
on subsequent owners and each other person acquiring an interest in the property
only if the subsequent owner and each other person acquiring an interest in the
property has actual notice of the commitment.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING &
DEVELOPMENT, INC/ STATEN PARK SUBDIVISION - (AZ-OI-009)
Page 10
hereby Order and this does Order:
1. The applicant's request for annexation and zoning of approximately 8.15
acres to Low Density Residential District (R-4) is granted subject to the terms and
conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 8.15 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3. Developer enter into a Development Agreement that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development, to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1. Due to the fact that the applicant is proposing minimum house square
footages greater than that required in an R-4 zone and inclusion of a
pathway, a development agreement shall be required as a condition of
annexation.
2. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12-4-13. The ditches to. be
piped shall be shown on the site plans. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BYD' ALESSIO BUILDING &
DEVELOPMENT, INC / STATEN PARK SUBDIVISION - (AZ-OI-009 )
Page 1I
Department. The applicant shall not be required to tile the Eight Mile
Lateral.
3. Any existing domestic wells and/or septic systems \vithin this project shall
be removed from their domestic service per City Ordinance Sections 9-1-4
and 9-4-8. Wells may be used for non-domestic purposes such as
landscaping irrigation.
4. Five-foot-wide sidewalks and pedestrian walkways shall be provided in
accordance with City Ordinance Section 12-5-2.K.
5. Minimum frontage for lots in an R-4 zQne is 80 feet. Lots 1,3,4 and 6
only meet this requirement on one side and shall require directional arrows
indicating where the front of the house shall be oriented. Frontage for
comer lots is detennined by taking the line length plus one-half of the
chamfer length. Cul-de-sac lots shall have a minimum chord length of 4.0
feet.
Adopt the Recommendations of the Ada County Highway District as follows:
6. Applicant shall comply with Ada County Highway Districts' Site Specific
Requirements and their Standard Requirements listed within their letter
dated May 14,2001.
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real property
which is the subject of the application to (R-4) Low Density Residential District, and
Meridian City Code ~ 11-7-2 C.
5. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided in
Meridian City Code ~ 11-21-1 in accordance with the provisions of the annexation and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING &
DEVELOPMENT, INC/ STATEN PARK SUBDIVISION - (AZ-01-009)
Page 12
. zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code ~ 67-6521 an affected person is a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the annexation and zoning and who may within twenty-eight (28) days after the date
of this dedsion and order seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on the
~1k...
V day
/f;~1-
ROLL CALL
,2001.
of
COUNCILMAN RON ANDERSON VOTED $.a-
COUNCILMAN KEITH BIRD VOTED~
COUNCILWOMAN TAMMY deWEERD VOTED~
COUNCILWOMAN CHERIE McCANDLESS VOTED ~t\---
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY D' ALESSIO BUILDING &
DEVELOPMENT, INC/ STATEN PARK SUBDMSION - (AZ-Ol-009)
-
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 8~13-&1
VOTED
MOTION: &.-
APPROVED:-7"
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney. .
BY~~~~?t.
City Clerk '
Dated:
ff' .- tJ ----tJ I
:
\INP A_NTS40 _ POasERVER_v, W ork\M\MeridianlMeridian
o 12lAZFfClsOrder.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY D' ALESSIO BUILDING &
DEVELOPMENT, INC / STATEN PARK SUBDIVISION - (AZ-O 1-009 )
Page 14
Meridian City Council Meetina
October 15. 2002
The regular meeting of the Meridian City Council was called to order at 7:00 P.M. on
Tuesday, October 15, 2002, by Mayor Robert D. Corrie.
Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie
McCandless, and William Nary.
Others Present: Bill Nichols, Brad Hawkins-Clark, Gary Smith, Brad Watson, Ken
Bowers, Dean Willis, and Will Berg.
Item 1.
Roll-call Attendance:
X Tammy de Weerd X Bill Nary
X Cherie McCandless X Keith Bird
X Mayor Robert Corrie
Corrie: All right. I'm going to open the Meridian City Council Regular Meeting on
Tuesday, October 15, 2002, at 7:00 P.M. Would you, please, have roll call attendance,
please, Mr. Clerk?
Item 2:
Adoption of the Agenda:
Corrie: Okay. Item Number 2 is the Adoption of the Agenda. Council, any additions, or
corrections to the agenda?
Bird: I have none.
Corrie: Okay. Hearing none, "II entertain a motion to adopt the agenda as written.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we adopt the agenda as published.
McCandless: Second.
Corrie: Okay. Motion has been made and seconded to adopt the agenda as published.
Any further discussion? Hearing none, all those in favor of the motion say aye. All
ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 3.
Consent Agenda:
Meridian City Council
October 15, 2002
Page 2 of 43
A. Approve minutes of October 1, 2002 City Council Regular Meeting:
B. Findings of Fact and Conclusions of Law: MI 02-008 Request
for approval to construct a temporary private road for the
construction of Phase 1 of Fairview Lakes by Hopkins Financial
Services, Inc. - 824 East Fairview Avenue:
C. Findings of Fact and Conclusions of Law: RZ 02-002 Request
for a rezone of 1.52 acres from R-4 to L-O zones for the Holv
Nativity Episcopal Church by the Holy Nativity Episcopal Church
- 1021 West 8th Street:
D. Findings of Fact and Conclusions of Law: AZ 02-017 Request
for annexation and zoning of 5.41 acres from M-1 to I-L zones for
Ronald Yanke property by Ronald Yanke and Walter T. Sigmont
Jr. - northwest corner of East Franklin Road and North Eagle Road
on East Lanark Street:
E. Findings of Fact and Conclusions of Law: AZ 02-018 Request
for annexation and zoning of 5 acres from RUT to L-O zones for
Bair Property Annexation by Donn Reiswig - 3975 East Franklin
Road:
F. Development Agreement: AZ 01-009 Request for annexation
and zoning of 8.15 acres from RUT to R-4 zones for proposed
Staten Park Subdivision by CMD, Inc. - southeast corner of North
Black Cat Road and West Ustick Road:
G. Agreement for Services with MD Willis, Inc.:
H. Approve New Beer and Liquor License Applications for
Goodwood Barbecue - 1140 N. Eagle Road:
I. Approve Beer License Transfer and New Liquor License
Application for Tequila Grill Restaurante by David Samuelson
- 2031 E. Fairview Avenue, Suite 103:
J. Silverstone Subdivision Water Latecomer Agreement -
Sundance Development Company:
K. Sale and Purchase Agreement, Permanent Slope Agreement,
Temporary Construction Easement, and Addendum to
Temporary Construction Easement for the Overland Road
Rebuild Project - Ada County Highway District:
Corrie: The next item is the Consent Agenda.
Meridian City Council
October 15, 2002
Page 3 of 43
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve the Consent Agenda as noted and for the Mayor to
sign and the Clerk to attest on all contracts and papers necessary to be signed.
De Weerd: Second.
Corrie: Okay. Motion has been made and seconded to approve the items on the
Consent Agenda, A through K. Any further discussion? Hearing none, roll call vote, Mr.
Berg.
Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird,aye.
Corrie: Okay. All ayes motion is approved.
MOTION CARRIED: ALL AYES
Item 4.
Department Reports:
Corrie: The next item is Department Reports. Any Department Reports at this time?
Item 5.
(Items Moved from Consent Agenda)
Corrie: All right. Item Number 5 is items moved from the Consent Agenda. There are
no items moved.
Item 6.
Ordinance No. AZ 01-009 Request for
annexation and zoning of 8.15 acres from RUT to R-4 zones for proposed
Staten Park Subdivision by CMD, Inc. - southeast corner of North Black
Cat Road and West Ustick Road:
Corrie: So Item 6 is an ordinance. Can you give me the number of that, Mr. Berg?
Berg: Sorry I wasn't prepared, Mr. Mayor. It's Ordinance Number 02-979.
Corrie: All right. Ordinance Number 02-979, request for annexation and zoning of 8.15
acres from RUT to R-4 zones for proposed Staten Park Subdivision by CMD, Inc.,
southeast corner of Black Cat Road and West Ustick Road. At this time I would like to
have, the City Clerk read Ordinance Number 02-979 by title only, please.
Berg: Thank you, Mr. Mayor, Members of the Council Ordinance Number 02-979. An
Ordinance finding that certain land to be known as Staten Park Subdivision, the location
of which lies contiguous or adjacent to the city limits of the City of Meridian, County of
Ada, State of Idaho, and finding that the owner Cap Co, Inc., an Idaho corporation, has