Creekside Arbour Phase II
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1.
RECORDEO-REGUESrûF
DEVELOPM~~l~i~1~T '31 fr(;EØ-DEPUTY~
2000HR23 Pf1I:44 I 00021868
, CITY OF MERlDIAN
2.
WILLIAMD. and LUCILE M: LEAVELL
, ÞM.ßffllOM/ILG/1iY
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this,2(~f' day of ~, ,2000, by and between CITY OF
MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY"
and WILLIAM D._and LUCILE M.LEAVELL, husband and wife, hereinafter called
"DEVELOPER", whose address is 2720 S. Ariel, Meridian, Idaho 83642.
1.
RECITALS.
1.1.
1.2.
WHEREAS; "DèveIQPÚ"is the sole owner, in law and/or equity of
tertaintract ofland'intheCounty of Ada, State of Idaho, described in
Exhibit A, which isH attached hereto and by this reference incorporated
herein as i[set forth in full, hereinafter referred to as the "Property";
and
WHEREAS, Idaho Code § 67 -65IIA provides that cities may, by
ordinance, require-or permit as a condition of rezoning that the owner
or "Developer" make a written commitment concerning the use or
development of the subject "Pror>erty"; arid
1.3. ,WHEREAS,cCity has exercised its statutory authority by the enactment
'of OrdinancelI-2~416L' and 11 ~2'417D,which authorizes development
agreementS upon the annexation arid/or rezoning of land; and
104. ,::WHEREAS, "Developer" has submitted an application for annexation
- and zoning of the "Property" described in Exhibit A and has requested a
designation of Medium High Density Residential (R-15), Municipal
Code of the City of Meridian; and.
1.5.
WHEREAS, "Developer" made representations at the public hearings
both before _the Meridian- Planning & Zorling 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, Page L
FVS/srb/03II 3/00( LeavelVDeveiopAgm)( 6861-0 1 )
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1.6.
WHEREAS, record of the proceedings forthe requested annexation and
zoning designation of the subject "Property" held before the Planning
and Zoning Commission, and subsequently before the City Council,
include responses ofgoveinment subdivisions providing services within
the City of Meridian planning jurisdiction, and received further
testimony and comment; and
1.7.
~7 - .
WHEREAS, City Council,the 21 - day of /11.tUc-Îv ,200O,
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 "Findillgs"; and
1.8.
WHEREAS, the Findings require the "Developer" enter into a
development agreement before the City Council takes final action on
the rezoning 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 that the subsequentuse 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
Meridian' adopted December 21; 1993, Ordinance #629, January 4,
199.4 and the Zoning and Development Ordinance codified in Title 11,
MuniciparCodeof 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 full.
DEVELOPMENT AGREEMENT, Page 2.
FYS/srb/O3/13/00(LeavelVDevelopAgm)( 6861-01)
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3. DEFINITIONS: For all purposeS of this Agreement, the following words,
terms 'and phrases hereth 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.
"CITY" means and refers to the City of Meridian, a party to this
'Agreement, which is a murÜcipal 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" meäns~aii.d refers to William D. and Lucile M. Leavell,
husband and wife, whose address is 2720 South Ariel, Meridian, Idaho,
the party developing said. "Property" and shall include any subsequent
owner(s) ldeveloper(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.
4.
USES PERMITTED BY THIS AGREEMENT:
4,1.
4.2.
The uses allowed pursuant to, this' Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Section 11-2-
408(B)(5) Meridian City Code which are herein specified as follows:
Construction and development of four multi-family dwellings, a total of
sixteen fourplexes with a swimming pool, clubhouse, ten garages and 42
storage sheds.
No change in the usessþecifiedin this Agreement shall be allowed
without modification ofthis Agreement;
5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted to
"City" an application for conditional use permit, and sha11 be required to obtain the
"City"s" approval thereof,inacéordance with the "City"'s Zoning and Development
Ordinance criteria, therein provided, prior to,-ami as a condition of, the
commencement of construction of any buildings or improvements on the "Property"
that require a conditional use permit.
DEVELOPMENT AGREEMENT,Page3.
FYS/srb/03/13/00(LeavelVDevelopAgrn)( 6861.0 1)
6. CONDITIONS
PROPERTY:
.. GOVERNING
DEVELOPMENT
OF
SUBJECT
"Developer" shall develop the "Propert)'" in accordance with the following
special conditions: .
6.1.
6.2.
6.3.
604.
6.5.
6.6.
6.7.
6,8.
The Applicant's central sewage arid central water plans must be
submitted to arid approved by the Idaho' Department of Health and
Welfare,. Division of Environmental Quality.
Run-off is not to create a mosquito breeding problem.
Stormwatershall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
The engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a. stormwater management system that prevents
groundwater and surface water degradation.
All muniCipal surface drainage shall be retained on site.
Dedicate 60 feet of right-of-way from the centerline of Fairview Avenue
abutting' the parcel by means of recordation of a. final subdivision plat or
execution of a warranty deed priQrtoissuance of a building pernÜt (or
other required permits) whichever occurs first. The owner. will be
compensated for alL right-of-way dedicated as an addition to existing
right-of-way from available impact fee revenues in this benefit zone, if
the owner submits a letter. of application to the impact fee administrator
prior to breaking ,ground, in accordance with Section 15 of ACHD
Ordinance #188.
Provide a paved pedestrian pathway in the alignment of Badley Street
extended from its current terminus to the west property as agreed to per
attached drawing.
Provide a puo)icroadway from Fairview Avenue to a point between 300
and 460feetsouthof Fairview Avenue. Construct the roadway adjacent
tothe westpropert)' line as one-half ofa 37-foot Street section plus 12-
DEVELOPMENT AGREEMENT, Page 4,
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feet of additional pavement with curb, gutter and sidewalk on the east
side of the road within 42cfeet right-Oof-way. Provided a paved
temporary turnaround with an easement for the turnaround provided to
the District: Coordinate the length of the roadway with District staff.
6.9.
Construct a 5-foot wide detached sidewalk on Fairview Avenue abutting
the site. The sidewalk shall be located two feet within the new right-of-
way of Fairview Avenue. Coordinate the elevation and location of the
sidewalk With District staff.
, 6.10. As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
6.11. Other than the public road specifically approved with this application,
direct lot or parcel access to Fairview Avenue is prohibited.
6.12. That the subject property shall be developed in accordance with the
reVised site plan,. dated 9"7-99, REVISION SEWER EASEMENT,
Project No. 99103, DATE AUGUST, 1999, DRAWN BY OES, Sheet
No. AI, Creekside Arbour Apartments, Phase Two, Meridian, Idaho,
LARRY KNOPP, ARCHITECT.
7. 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 or
assigns to comply with Section 6 entitled "Conditions Governing Development of
Subject Propèrty"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 Idaho Code§ 67-6509, or any subsequent amendments or
recodifications thereof.
8. 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, Page 5.
FYS/srb/03/13/00(LeavelVDeveiopAgm)( 6861.0 I)
8. r. That the "City"provide written notice of any failure to comply with this
Agreement to~"Developer" and if the "Developer" fails to cure such
default ,Vithinsix (6)months of such notice.
9, 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.
10.
DEFAULT:
10.1. 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.
10.2. A waiver by"City" of any default by "Developer" of anyone or more of
the covenants or conditions hereof shall apply solely to the breach and
breaches waived andshall notbar any other rights or remedies of "City"
or apply to any subsequent breach or 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
"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.
lL.. 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 "Developer" or by any successor or successors in title
DEVELOPMENT AGREEMENT, Page 6.
FYS/srb/03113/00( LeavelVDeveiopAgm)( 6861.0 I)
or by the assigns of the parties hereto. Enforcement may be-sought by an appropriate
action at law orin equity to secure, the specific performance of the covenants,
agreem<:nts,conditions anàobligationscontãined herein.
In theevento£a: material breach of this Agreement, the parties agree
that"City"atd "Developer" shall have thirty (30) days after delivery of
notice oLsaid, breach to correct the same prior to the non-breaching
party's seeking of any remedy provided for herein; provided, however,
that inihe 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
forsuchperiodas may benecessary to complete the curing ofthesame
with diligence and continuity.
1-3.2. 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,strikesorsimilar causes, the time for such performance
shallbeextendedtiythe amount of such ofsuch delay. .
14. . SURETY OF PERFORMANCE: The "City"may also require surety bonds,
irrevocable letters of credit, cash deposits, çertifiedtheckor negotiable bonds, as
allowed under §12-S'3 of the Meridian City Code, to insure that installation Ófthe
improvements, which the ¡'Developer"agrees to provide, ifrequired by the "City".
IS. CERTIFICATE OF OCCtlPANCY:cThe "Developer" agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless
the "City" and "Developer"~haveenteredinw an addendum agreement stating when
the improvements will be complefedin a phased development; and in any event, no
CertificatesÒf'Occupancyshallbdssuedcin aii.y phase in which the improvements
have not been installed ind completedbythe "Developer" and accepted by the
"City" unless,the Developer has also posted a letter of credit: or cash equal to 11 00/0 of
the estimated-cost of the uncoillpletedutilities, roads, sidewalks and other public
infrastructure improvements for the future phases of the development as outlined in
the addendum; - -
DEVELOPMENT AGREEMENT, Page 7.
FVS/srb/03/13/00(LeavelVDevelopAgm) ( 6861.01)
16. 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 Findfngs of Fact and Conclusions of Law, this
Development Agreement and the ordínancesof 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 of three (3)
days after deposit in the United States mail, registered or certified mail, postage
prepaid, return receipt requested, addressed asfollows:
CITY:
do City Engineer
City of Meridian
33 East Idaho Avenue
Meridian, Idaho 83642
With copy to:
City Clerk
City of Meridian
33 Ea'sl Idaho Avenue
Meridian, Idaho 83642
DEVELOPER:
William D. and Lucile M. Leavell
2720 South Ariel
Meridian, Idaho 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 litigaêion be commenced between the parties
heretoconcerrlÏng this Agreement, the prevailing party shall be entitled, in addition
to any other relief as may be granted, to court Costs and reasonable attorneys fees as
determined by a murt 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 theessencewitbrespect to each and every term, condition and
provision hereof, and that thefail\1re to timely perform al1Y of the obligations
DEVELOPMENT AGREEMENT, Page 8.
FYS/srb/03/13/00(LeavelVDevelopAgm)(6861.0 I)
hereunder shall constitute a-beach of and a default urider 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
personalrepresentatives, 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 þreventsale or alienation of the "Property" or
portions thereof, except that any sale or. alienation shall be subject to the provisions
hereof and any successor owner or owners shall be both benefited and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written request of
"Developer", to execute appropriate and recordable evidence of termination of this
Agreement if "City", in its sole and reasonable discretion, had determined that
"Developer"has fully performed its obligations under this Agreement.
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 "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 v challgeor 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, imd pursuant, with respect to the "City", to a
duly adopted ordinance or resolution of"City".
22.1. No U condition governing the uses and/or conditions governing
development of the subject "Property" herein provided for can be
modified or amended without the apptoval of the City Council after the
"City" has conducted, public hearing(s) in accordance with' the notice
provisions provided fora zoning designation and/or amendment in force
at the time of the proposed amendment.
23. EFFECTIVE DATE OFAGREEMENT: This Agreement shall be effective on
the date the, Meridian City Council shall adopt the amendment to the Meridian
DEVELOPMENT AGREEMENT, Page 9.
FVS/srb/03/13100(LeavelVDeveiopAgm)( 68 61.0 I )
Zoning Oniinançe iIlconnecti6nWith tl1e re'zone of the "Property" and execution of
the Mayoranct. City Clerk.
ACKNOWLEDGMENT:
IN WITNESS WHEREOF,the parties have herein executed this Agreement
and made it effective as hereinabove provided. -,
J4£. .9J ,LiI
WilliamD. Leavell
~~~
'r::ij He M. Leave
CITY OF MERIDIAN
By ~AiJJ~ ,
Rob "0, ""'¡'. May",
AT'FEST:
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Ji#-= ~~iL
William G,Berg, CityCler ... ...
DEVELOPMENT AGREEMENT, Page 10.
FVS/srb/03/13/00(LeaveIVDevelopAgm)( 6861-0 1)
ss.
County of Ada
public ~~. ~~~. -f!1- s~tl ~:at~aÚ:0~pO~e~~~~\~1I~L~un~rsfu~EaL~0~~1
LUCILE M. LEAVEL,L, husband and wife, known or represented to me to be the
persons whose names ,are subscribed to the above and foregoing instrument and
acknowledged tome that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
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STATE OFIDAHO "..,.."".....,
SSe
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Not. Public forI. ho
Residing at: .tkJvLo
MyCommissionExpires: 1/16 ICI..o
County of Ada
On this /Û2 day of..:1.tXv~, 2000, before me, the undersigned, a notary
public in and for said~ stat, personally appeared ROBERT D. CORRIE and
WILLIAM G. BERG, known or represented to me to be the Mayor and City Clerk,
respectively, and the persons whose names;¡re subscribed to the above and foregoing
instrument and acknowledged to me that they executed the same on behalf of the
City of Meridîan. .
IN WITNESS WHEREOF,lhave hereunto set my hand and affixed my
official seal the day and year first above written.
DEVELOPMENT AGREEMENT, Pagell.
FVS/srb/03/13/00(LeavelVDevelopAgm)( 6861.0 1 )
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Nota .. . ublic foddaho . '-
Residing at: 6m.A.R
My Comnlission Expires: I /;0 )o~
LEGAL DESCRIPTION OF PROPERTY
DEVELOPMENT AGREEMENT, Page,12.
FYS/srb/03113/00(LeavelVDevelopAgm)( 6861-0 I)
. .
...-- .
EXHIBIT A ,
Creekside Arbor Phase #2
Revised Legal Description
For Zone Change
A Parcel ofland as described in Warranty Deed Instrument No. 9227732 and shown on
Record of Survey No. 4621 situated in the NE1/4 of the NWl/4 of Section 7, T.3.N.,
R.1.E, Boise Meridian, Ada County, Idaho and described as follows:
Commencing at a Brass Cap Monument marking the North 1/4 corner of said Section 7,
thence along the East line ofllie NWl/4 of said Sectíon SOoo34'39"W (SOOOOO'OO"W) a
distance of 673,74 feet to a 518" rebar and the POINT OF BEGINNJNG;
Thence continuing along said East liue SOoo34'39"W a distance of218.76 feet to a
5/8" rebar;
Thence leaving said East line S3so43'20"W a distance of 192.36 feet to a point;
Thence N89°29'1O"W (S89°56'20"W) a distance of 510.80 (510.67) feet to a point;
Thence NOo033'16"E a distance of351.65 feet to a point;
Thence N8so49'42"E a distance of239.97 feet to a 1/2" rebar;
Thence NOOO36' 17"E a distance of 590.03 feet to a point fi:om which a 5/8" rebar on
the southerly right-of-way ofFaírview Avenue bears NOoo36' 17"E a distance of
34.06 feet;
1"hence N61 °04'OT'E a distance of73.66 feet to iii point on the centerline of Five M:iJe
Creek and the southerly right-of-way of Fairview Avenue;
Thence along the centerline of said Five-Mile Creek the following CO=8:
Thence SOoo44'24"E a distance of305.75 feet to a point;
Thence along the arc of a curve to the left having a radius ono.oo feet, a central
angle of 61 °32'59", an arc length of32.23 feet, and along chord bearing
S31°32'36"E a distance of30.70 feet to a point;
Thence S62°20' 48"E a distance of 322.40 feet to a point;
Thence along the arc of a curve to the right having a radius of60.00 feet, a central
angle of17°S2'43", an arc length of IS.Î2 feet, and a long chord bearing
SS3°2S'31"E a distance of 18.65 feet to a point on said East line of the NW1/4;
Thence leaving said centerline and along the said East line SOoo34'39"W a distance
of 125.3 ¡ feet to the POINT OF BEGINN1NG.
Said Parcel contains 7.55 acres more or less and is subjeet to all existing easements and
rights-of-way of record or implied.
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FINDINGS OFFACT,CONCLUSIONSOF LAW I
. CONDITIONS OF APPROVAL .
DEVELOPMENT AGREEMENT, Page 13.
FVS/srb/03/13/00(LeaveIVDevelopAgm)( 6861-0 1)
BEFORE THE CITY COUNCIL OF
THE CITY OF MERIDIAN
RECEIVED
MAR 1 5 2000
CITY OF MERIDIAi'f
IN THE MATTER OF THE
REQUEST FOR REZONE OF
APPROXIMATELY 7.265 ACRES
FOR PROPOSED CREEKSIDE
ARBOUR PHASE II
SUBDIVISION
Case No: RZ-99-005
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONE
WILLIAM AND LUCILE
LEAVELL,
Applicant.
The above entitled matter on the rezoning application of 7.265 acres
having come on for public hearing on September 7, 1999, at the hour of 7:30 o'clock
p.m., and Council having received the report of Shari Stiles, Planning and Zoning
Administrator, and Shari Stiles, Planning and Zoning Administrator, Gary Smith,
City Engineer, and Larry Knopp, architect for the Applicant, appeared and testified,
and no one appeared in opposition to the request, and the Council having received
the record of this matter made before the Planning and Zoning Commission, and
having received their Recommendation to the City Council, 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, Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II. I
FINDINGS OF FACT
1.
The notice of public hearing on the application for rezoning was
published for two (2) consecutive weeks prior to said public hearing scheduled for
September 7, 1999, before the City Council, the first publication appearing and
written notice having been mailed to property owners or purchasers of record within
three hundred (300') feet of the external boundaries of the property under
consideration more than fifteen (15) days prior to said hearing and with the notice of
public hearing having been posted upon the property 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 September 7, 1999,
public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit
evidence.
2.
There has been compliance with all notice and hearing
requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E
and 11-2-417 A, Municipal Code of the City of Meridian.
3.
The City Council takes judicial notice of its zoning, subdivisions
and development ordinances codified at Title 11, Municipal Code of the City of
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF AFPROV AL OF
REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 2
City of Meridian adopted December 21,1993, Ordinance No. 629 - January 4,
1994, and maps and the ordinance Establishing the Impact Area Boundary.
4.
The property is approximately 7.265 acres in size and is generally
located at the end of 5th Street north of Creekside Arbour Phase I, south of Fairview
Avenue, in Meridian.
5.
The owner of record of the subject property is William D. and
Lucile M. Leavell, of 2720 S. Ariel, Meridian, Idaho.
6.
The Applicant is the owner of record.
7.
The property is presently zoned as Medium Density Residential
(R-8), and is currently vacant.
8.
The Applicant requests the property be rezoned to Medium High
Density Residential (R-15).
9.
The proposed site is located south of Fairview Avenue north of
Creekside Arbour Phase 1. The proposed site is surrounded to the east by vacant
properties, to the south by Creekside Arbour Phase I, to the west by Elm Grove
Trailer Park and across Fairview Avenue to the north is Jackson's Texaco.
10.
11.
The subject property is within city limits of the City of Meridian.
The entire parcel of the property is !nc1uded within the Meridian
Urban Service Planning Area as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan.
12.
The Applicant proposes to develop the subject property in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 3
following manner: Construction and development of four multi-family dwellings, a total of
sixteen fourplexes with a swimming pool, clubhouse, ten garages and 42 storage sheds.
13.
The Applicant's requested rezoning of the subject real property as
Medium High Density Residential R-15 is consistent with the designation on the
Meridian Comprehensive Plan Generalized Land Use Map which designates the
subject property as Mixed Planned Use Development.
14.
This project is consistent with the following policies and goals of
the Meridian Comprehensive Plan:
14.1 To provide housing opportunities for all economic groups within
the community.
14.2 To establish compatible and efficient use ofland through the
useof innovative and functional site design.
14.3 To encourage a balance ofland use patterns to ensure that
revenues pay for services.
1404 Approve quality housing projects that meet the needs of all
economic levels.
14.5 Encourage efforts to develop and maintain quality neighborhoods
and housing...
14.6 Support a variety of residential categories for the purpose of
providing the City with a range of affordable housing
opportunities.
14.7 Encourage compatible infill development which will improve
existing neighborhoods.
14.8 The development of housing for all income groups close to
employment and shopping centers should be encouraged.
14.9 The efficient use ofland for public facilities, transportation
systems, utilities, and the economic arrangement of buildings
should be promoted.
14.10 Land development regulations should be revised to encourage the
infilling of existing vacant parcels within the city limits.
14.11 High-density development, where possible, should be located near
open space corridors or other permanent major open space and
park facilities, and near major access thoroughfares.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II. 4
15.
Five Mile Creek is the only significant or scenic feature of major
importance that affect the consideration of this application.
16.
In review of the application for rezone it is provided at Section
Il-2-416K of the Municipal Code that the Commission and
Council review particular facts and circumstances of this
proposed zoning amendment and finds subject to the conditions
herein Finding 16.11, imposed that:
16.1 The area included in the zoning amendment is not
intended to be rezoned in the future;
16.2 The application intends to construct and develop four
multi-family dwellings, a total of sixteen fourplexes with a
swimming pool, clubhouse, ten garages and 42 storage
sheds in accordance with the revised site plan, dated 9-7-
99, REVISION SEWER EASEMENT, Project No. 99103,
DATE: AUGUST 1999, DRAWN BY: OES, Sheet No. Ai,
Creekside Arbour Apartments Phase Two, Meridian,
Idaho, LARRY KNOPP, ARCHITECT;
16.3 The proposed use will be designed, constructed, operated
and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the
general vicinity and that such use will not change the
essential character of the same area;
16.4 The proposed use will not be hazardous or disturbing to
existing or future neighboring uses;
16.5 The area will be served adequately by essential public
facilities and services such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment
of proposed zoning amendment shall be able to provide
adequately any of such services;
16.6 The use will not create excessive additional requirements at
public cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 5
16.7 The proposed use will not involve a use, activity, process,
material, equipment and condition of operation that will
be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors;
16.8 The area will have vehicular approaches to the property
which shall be so designed as not to create an interference
with traffic on surrounding public streets;
16.9 The use will not result in the destruction, loss or damage of
a natural or scenic feature of major importance; and
16.10 The proposed zoning amendment is in the best interest of
the City of Meridian.
16.11 The following are reasonable conditions of rezone, which
shall be the subject of the terms of a development
agreement as a condition of rezone and which conditions
are as follows:
16.11.1
16.11.2
16.11.3
16.11.4
The Applicant's central sewage and central
water plans must be submitted to and
approved by the Idaho Department of Health
& Welfare, Division of Environmental
Quality.
Run-off is not to create a mosquito breeding
problem.
Stormwater shall be pretreated through a
grassy swale prior to discharge to the
subsurface to prevent impact to groundwater
and surface water quality.
The Engineers and architects involved with
the design of the subject project shall obtain
current best management practices for
stormwater disposal and design a stormwater
management system that prevents
groundwater and surface water degradation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 6
16.11.5
16.11.6
16.11.7
16.11.8
16.11.9
All municipal surface drainage shall be
retained on site.
Dedicate 60-feet of right-of-way from the
centerline of Fairview Avenue abutting the
parcel by means of recordation of a final
subdivision plat or execution of a warranty
deed prior to issuance of a building permit (or
other required permits), whichever occurs
first. The owner will be compensated for all
right-of-way dedicated as an addition to
existing right-of-way from available impact fee
revenues in this benefit zone, if the owner
submits a letter of application to the impact
fee administrator prior to breaking ground, in
accordance with Section 15 of ACHD
Ordinance #188.
Provide a paved pedestrian pathway in the
alignment of Badley Street extended from its
current terminus to the west property line.
Provide a public roadway from Fairview
Avenue to a point between 300 and 460-feet
south of Fairview Avenue. Construct the
roadway adjacent to the west property line as
one-half of a 37-foot Street section plus 12-
feet of additional pavement with curb, gutter,
and sidewalk on the east side of the road
within 42-feet of right-of-way. Provide a
paved temporary turnaround with an
easement for the turnaround provided to the
District. Coordinate the length of the
roadway with District staff.
Construct a 5-foot wide detached sidewalk on
Fairview Avenue abutting the site. The
sidewalk shall be located two feet within the
new right-of-way of Fairview Avenue.
Coordinate the elevation and location of the
sidewalk with District staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 7
16.11.10
16.11.11
16.11.12
16.11.13
17.
As required by District policy, restrictions on
the width, number and locations of
driveways, shall be placed on future
development of this parcel.
Other than the public road specifically
approved with this application, direct lot or
parcel access to Fairview Avenue is
prohibited.
That a development agreement be entered
into including these conditions of re-zone.
That the subject property shall be developed
in accordance with the revised site plan, dated
9-7-99, REVISION SEWER EASEMENT,
Project No. 99103, DATE: AUGUST 1999,
DRAWN BY: OES, Sheet No. AI, Creekside
Arbour Apartments Phase Two, Meridian,
Idaho, LARRY KNOPP, ARCHITECT.
The legal description of the property that is the subject of this
application for re-zone is as follows:
A parcel of land as described in Warranty Deed Instrument No.
9227732 and shown on Record of Survey No. 4621 situated in
the NE 1/4 of the NW 1/4 of Section 7, T.3N., R.lE., Boise
Meridian, Ada County, Idaho and described as follows:
Commencing at a Brass Cap Monument marking the North 1/4 corner
of said Section 7, thence along the East line of the NW 1/4 of said
Section S 00°34'39" W (S 00°00'00" W) a distance of 673.74 feet to a
5/8" rebar and the POINT OF BEGINNING;
Thence continuing along said East line S 00°34'39" W a distance of
218.76 feet to a 5/8" rebar;
Thence leaving said East line S 38°43'20" W a distance of 192.36 feet to
a point;
Thence N 89°29'10" W (S 89°56'20" W) a distance of 510.80 (510.67)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 8
feet to a point;
Thence N 00°33' 16" E a distance of 351.65 feet to a point;
Thence N 88°49'42" E a distance of 239.87 feet to a 1fz" rebar;
Thence N 00°36'17" E a distance of 590.03 feet to a point from which a
5/8" rebar on the southerly right-of-way of Fairview Avenue bears N
00°36'17" E a distance of 34.06 feet;
Thence N 61 °04'07" E a distance of 73.66 feet to a point on the
centerline of Five Mile Creek and the southerly right-of-way of Fairview
Avenue;
Thence along the centerline of said Five-Mile Creek the following
courses;
Thence S 00°44'24" E a distance of 305.75 feet to a point;
Thence along the arc of a curve to the left having a radius of 30.00 feet,
a central angle of 61 °32'59", an arc length of 32.23 feet, and a long
chord bearing S 31 °32'36" E a distance of 30.70 feet to a point;
Thence S 62°20'48" E a distance of 322.40 feet to a point;
Thence along the arc of a curve to the right having a radius of 60.00
feet, a central angle of 17°52'43", an arc length of 18.72 feet, and along
chord bearing S 53°25'31" E a distance of 18.65 feet to a point on said
East line of the NW 114;
Thence leaving said centerline and along the said East line S 00°34'39"
W a distance of 125.31 feet to the POINT OF BEGINNING.
Said parcel contains 7.55 acres more or less and is subject to all existing
easements and rights-of-way of record or implied.
CONCLUSIONS OF LAW
1.
The Council may take judicial notice of government
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 9
ordinances, and policies, and of actual conditions existing within the City and State.
2.
The City of Meridian has exercised its authority and
responsibility as 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.
3.
The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
COMPREHENSIVE PLAN POLICIES: The 1993 Comprehensive Plan contains a
variety of goals and policies that are relevant to this application. Staff has selected
the following sections that most directly apply to the proposed project.
Goals Section
Goal 4: To provide housing opportunities for all economic groups within the
community.
Goal 8: To establish compatible and efficient use of land through the use of
innovative and functional site design.
Goal 9: To encourage a balance of land use patterns to ensure that revenues pay for
services.
The subject property is located in an area designated as MixedIPlanned Use
Development in the Meridian Comprehensive Plan.
Economic Development Chapter
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 10
3.1 U - Approve quality housing projects that meet the needs of all economic levels.
3.2U - Encourage efforts to develop and maintain quality neighborhoods and
housing. . .
Land Use Chapter
Goal: All land use development in the Meridian area will be considered an asset to
the community and not detract from our quality of life.
2.1 U - Support a variety of residential categories for the purpose of providing the
City with a range of affordable housing opportunities.
2.5U - Encourage compatible infill development which will improve existing
neighborhoods.
5.16U
All development requests will be subject to development review and
conditional use permit processing to ensure neighborhood compatibility.
5.17U
A variety of coordinated, planned and compatible land uses are
desirable for this area, including low-to-high density residential, office, light industrial
5.18U
Existing residential properties will be protected from incompatible
land-use development in this area. Screening and buffers will be incorporated into all
development requests in this area.
Natural Resources and Hazardous Areas Chapter
1.1 U Identify and protect areas with special characteristics such as stream corridors,
canals, and wetlands. Control and preserve the natural beauty of Ten Mile Creek,
South Slough, and Five Mile Creek.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 11
2.1 U Development along major drainage ways will be restricted to ensure that
development does not cause additional ground or surface water contamination.
Natural Waterways Goal Statement
The community will protect natural waterway corridors from degradation and
manage them as a valuable resource.
3.1 U Manage and prevent unsuitable uses along drainageways and protect the flood
plain of creeks and drains.
4.1 U Developments contiguous to natural waterways, irrigation canals, laterals and
drainage ditches must consider all available information concerning floodplain
waterways.
Transportation Chapter
Local Streets: Serve primarily to provide direct access to abutting residential units
and should be for local traffic movement. They are generally two lanes with parking
with a right-of-way width of about 50 feet. Service to through-traffic is discouraged.
The remaining transportation corridors of the Meridian Urban Service Planning Area
are recommended for local street status.
Housing Chapter
104 The development of housing for all income groups close to employment and
shopping centers should be encouraged.
1.9 The efficient use of land for public facilities, transportation systems, utilities,
and the economic arrangement of buildings should be promoted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 12
1.12 Land development regulations should be revised to encourage the infilling of
existing vacant parcels within the city limits.
Design and performance standards should be applied to infilling development in
order to reduce adverse impacts upon existing adjacent development.
Owners or remnant residential parcels or partially-developed residential parcels
should be encouraged to consolidate these properties where possible to prevent the
proliferation of small parcels of vacant land within the city limits.
1.19 High-density development, where possible, should be located near open space
corridors or other permanent major open space and park facilities, and near major
access thoroughfares.
Community Design Chapter
1.8 The appearance of natural creeks (Five Mile, Nine Mile, Ten Mile and South
Slough) throughout commercial activity centers, industrial review areas, residential
areas and Old Town should be improved and harmonized with adjoining land uses in
order to protect water quality of the streams for beneficial uses, as well as to enhance
their environmental amenities.
2.2U Encourage area beautification through uniform sign design that enhances the
community.
4.
The requested zoning of Medium High Density Residential
District, (R-15) is defined in the Zoning Ordinance at 11-2-408B(5) as follows:
(R-15) Medium High Density Residential District: The purpose
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 13
of the (R-I5) District is to permit the establishment of medium-high
density single-family attached and multi-family dwellings at a density
not exceeding fifteen (15) dwelling units per acre. All such districts
must have direct access to a transportation arterial or collector, abut or
have direct access to a park or open space corridor, and be connected to
the Municipal Water and Sewer systems of the City of Meridian. The
predominant housing types in this district will be patio homes, zero lot
line single-family dwellings, townhouses, apartment buildings and
condominiums.
5.
Section 11-2-409 of the Municipal Code, ZONING SCHEDULE
OF USE CONTROL, A. Residential, lists residential uses allowed in the various
zoning districts of the City which provide that multi-family dwelling uses are
permitted uses in the (R-15) Medium High Density Residential District zone.
6.
Idaho Code § 67-6511 provides and requires that the City
shall establish by ordinance one or more zones or zoning districts in accordance with
the adopted Comprehensive Plan and the ordinance establishing zoning districts can
be amended with particular consideration given to the effects of any proposed zone
change upon the delivery of services by any political subdivision providing public
services, including school districts, within the City's planning jurisdiction and that it
is in conformance with the Comprehensive Plan.
7.
Idaho Code § 67-6511A provides:
Each governing board may. by ordinance adopted or amended in
accordance with the notice and hearing provisions provided under
section 67-6509, Idaho Code, require or permit as a condition of
rezoning that an owner or developer malœ a written commitment
concerning the use or development of the subject parcel. The governing
board shall adopt ordinance provisions governing the creation, form,
recording, modification, enforcement and termination of conditional
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 14
follows:
commitments.
8.
The City of Meridian by the adoption of § 11-2-416L has
exercised its authority to require or permit as a condition of
rezoning that an owner or developer make a written commitment
concerning the use or development of the subject property.
9.
§ 11-2-407 A ZONING DISTRICT MAP provides in part as
The districts established in this Ordinance as shown on the
Official Zoning Map, together with all explanatory matter thereon, are
hereby adopted as part of this Ordinance. Where uncertainty exists
with respect to the boundaries of any of the zoning districts as shown
on the Official Zoning Map, the following shall apply:
9.1
9.2
9.3
9.4
10.
Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of-way lines,
streams, lakes or other bodies of water, the centerline shall be
construed to be such boundary;
Where district boundaries are so indicated that they
approximately follow the lot lines, such lot lines shall be
construed to be said boundaries;
Where district boundaries are so indicated that they are
approximately parallel to the centerlines or street lines of streets,
or the centerlines or right-of-way lines of highways, such district
boundaries shall be construed as being parallel thereto and at
such distance therefrom as indicated on the Official Zoning Map.
If no distance is given, such dimensions shall be determined by
the use of the scale shown on the Official Zoning Map; and
Where the boundary of a district follows a railroad line, such
boundary shall be deemed to be located in the middle of the main
tracks of said railroad line.
§ 11-2-416 K of the Municipal Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in part as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 15
The Commission and Council shall review the particular facts and
circumstances of each proposed zoning amendment in terms of the
following standards and shall find adequate evidence answering the
following questions about the proposed zoning amendment:
10.1 The new zoning will be harmonious with and in accordance with
the Comprehensive Plan.
10.2 The area is not intended to be rezoned in the future.
10.3 The area is intended to be developed in the fashion that is
allowed under the new zoning.
1004 There has been no change in the area or adjacent areas which
would dictate the area should be rezoned.
10.5 The proposed uses will be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance with
the existing or intended character of the general vicinity and that
such use will not change the essential character of the same area;
10.6 The proposed uses will not be hazardous or disturbing to existing
or future neighboring uses;
10.7 The area will be served adequately by essential public facilities
and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water, sewer or that the
person responsible for the establishment of proposed zoning
amendment shall be able to provide adequately any of such
services;
10.8 The use will not create excessive additional requirements at
public cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
10.9 The proposed uses will not involve uses, activities, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 16
10.10 The area will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic
on surrounding public streets;
10.11 The use will not result in the destruction, loss or damage of a
natural or scenic feature of major importance; and
10.12 The proposed zoning amendment is in the best interest ofthe
City of Meridian.
11.
§ 11-2-417 A and C of the Municipal Code provides in part as
follows:
2-417 A
Prior to annexation of an unincorporated area, the Council shall request
and receive a recommendation from the Planning and Zoning
Comnlission on the proposed annexation and the proposed zoning for
the annexed area. The Commission, the City, the applicant, and the
Council shall follow the notice and hearing procedures provided in
Section 11-2-416, Zoning Amendment Procedures. Provided, however,
that the final decision of the Council shall not be appealable since such
decision is a legislative function even though the procedure is designed
to be quasi-judicial in nature and provides due process to the applicant.
The application for annexation shall include a request for a zoning
designation and, upon annexation, the property shall be zoned;
however, procedurally, the property shall be deemed to have been
annexed prior to being zoned and for appeal rights, there can be no
appeal from the zoning decision if the property is not first annexed. If
the annexation shall necessitate an amendment to the Comprehensive
Plan, the Commission shall advise the applicant to request a
Comprehensive Plan Amendment prior to further consideration of the
annexation. If the Commission and Council approve an annexation
request, the Commission and Council shall insure that said annexation
is in accord with this Ordinance and the Comprehensive Plan.
2-417 C
No property shall be annexed and zoned if it is not within the Meridian
Urban Service Planning Area as set forth in the Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II. 17
Comprehensive Plan. An application for annexation and zoning of land
not within the Meridian Urban Service Planning Area may be submitted
to the City if it is accompanied by an application to amend the
Meridian Comprehensive Plan to change the Meridian urban Service
Planning Area to have the land for which annexation has been applied
for included in the Meridian Urban Service Planning Area. The
application to amend the Comprehensive Plan and Meridian Urban
Service Planning Area must be processed and granted either
simultaneously or prior to the annexation application. If the application
to amend the Comprehensive Plan and the Urban Service Planning Area
is not granted, the annexation application shall not be granted.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND
FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH
ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order:
1.
That the City Attorney shall prepare for consideration by the
City Council the appropriate ordinance for the fe-designation of the zoning for the
real Property included in the application to (R-15) Medium High Density Residential
District.
2.
The Meridian City Council hereby approves the rezoning as
requested by the Applicant for the property described in the application subject to
the following conditions which shall be set out in a Development Agreement which
shall be entered into by the owner as a condition of the granting of the ordinances
referenced in part of this Order:
2.1
The application intends to construct and develop four multi-
family dwellings, a total of sixteen fourplexes with a swimming
pool, clubhouse, ten garages and 42 storage sheds in accordance
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE 11.18
204
2.5
2.6
2.7
2.8
2.9
with the revised site plan, dated 9-7-99, REVISION SEWER
EASEMENT, Project No. 99103, DATE: AUGUST 1999,
DRAWN BY: OES, Sheet No. AI, Creekside Arbour Apartments
Phase Two, Meridian, Idaho, LARRY KNOPP, ARCHITECT.
2.2
The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health
& Welfare, Division of Environmental Quality.
2.3
Run-off is not to create a mosquito breeding problem.
Stormwater shall be pretreated through a. grassy swale prior to
discharge to the subsurface to prevent impact to groundwater and
surface water quality.
The Engineers and architects involved with the design of the
subject project shall obtain current best management practices for
stormwater disposal and design a stormwater management system
that prevents groundwater and surface water degradation.
All municipal surface drainage shall be retained on site.
Dedicate 60-feet of right-of-way from the centerline of Fairview
Avenue abutting the parcel by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance
of a building permit (or other required permits), whichever occurs
first. The owner will be compensated for all right-of-way
dedicated as an addition to existing right-of-way from available
impact fee revenues in this benefit zone, if the owner submits a
letter of application to the impact fee administrator prior to
breaking ground, in accordance with Section 15 of ACHD
Ordinance #188.
Provide a paved pedestrian pathway in the alignment of Badley
Street extended from its current terminus to the west property
line.
Provide a public roadway from Fairview Avenue to a point
between 300 and 460-feet south of Fairview Avenue. Construct
the roadway adjacent to the west property line as one-half of a
37-foot Street section plus 12-feet of additional pavement with
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - ¡ 9
curb, gutter, and sidewalk on the east side of the road within 42-
feet of right-of-way. Provide a paved temporary turnaround with
an easement for the turnaround provided to the District.
Coordinate the length of the roadway with District staff.
2.10 Construct a 5-foot wide detached sidewalk on Fairview Avenue
abutting the site. The sidewalk shall be located two feet within
the new right-of-way of Fairview Avenue. Coordinate the
elevation and location of the sidewalk with District staff.
2.11 As required by District policy, restrictions on the width, number
and locations of driveways, shall be placed on future development
of this parcel.
2.12 Other than the public road specifically approved with this
application, direct lot or parcel access to Fairview Avenue is
prohibited.
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 being a
person who has an interest in real property which may be adversely affected by the
issuance or denial of the rezoning may, within twenty-eight (28) days after the date
of this decision 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
2/ 5;;
!hßACIv, 2000.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED ~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 20
EXHIBIT C
MAP OF PROPERTY
DEVELOPMENT AGREEMENT, Page 14.
FVS/srb/03/13/00(LeaveIVDevelopAgm)( 6861.0 I)
COUNCILMAN KEITH BIRD
VOTED$ev
COUNCILPERSON TAMMY deWEERD
VOTED ¥&:--
VOTED *'Š--'
COUNCILPERSON CHERIE Mc CANDLESS
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: .3- 2-1-00
VOTED
MOTION:
APPROVE~
DISAPPROVED:-
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
BY~LJ~~
Ity Clerk
Dated:
:3- 2/ --tJ{}
msf!/Z,IWorklMlMeridian 15360MlCreekside ArborlFfsClsOrderREZONE
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 7.265 ACRES CREEKSIDE ARBOUR PHASE II - 21