Locust Grove Place AZ 01-002
PARTIES: 1.
2.
RECOROED.REQUE~
ADA COUNTY I'IF:CORDER
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MERIDIAN' CITY
DEVELOPMENT AGREEMENT
City of Meridian
Locust Grove Apartments, LLC, Lc. Development, Inc.,
Owner/Developer
THIS DEVELïPJtÆNT AGREEMENT (this "Agreement"), is
made and entered into this -day of ~úI'l:- ,2002--, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and LOCUST GROVE APARTMETNS, LLC, Lc.
DEVELOPMENT, INc., hereinafter called "OWNER"/"DEVELOPER", whose
address is P.O. Box 518, Meridian, Idaho 83680.
1.
RECITALS:
1.1
1.2
1.3
1.4
WHEREAS, "Owner"lDeveloper" is the sole owner, in law
and/or equity, of certain tract of land in the County of
Ada, State of Idaho, described in Exhibit A, which is
attached hereto and by this reference incorporated herein
as if set forth in full, herein after referred to as the
"Property"; and
WHEREAS, Lc. §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 subject "Property"; and
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
WHEREAS, "Owner"/"Developer" has submitted an
application for annexation and zoning of the "Property"s
described in Exhibit A, and has requested a designation of
(R-40) High Density Residential District and (C-C)
DEVELOPMENT AGREEMENT (AZ-Ol-O02) - 1
1.5
1.6
1.7
1.8
1.9
Community Business District, (Municipal Code of the City
of Meridian); and
WHEREAS, "Owner"/"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
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning & Zoning
Commission, and subsequently before the City Council,
include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
WHEREAS, City Council, the /0/ day of mal£., 2001,
has approved certain Findings of Fact and C~ns of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
WHEREAS, the "Findings" require the
"Owner"/"Developer" enter into a development agreement
before the City Council takes final action on annexation
and zoning designation; and
"OWNER"/"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 "Owner"/"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
DEVELOPMENT AGREEMENT (AZ-Ol-OO2) - 2
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, 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:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1
3.2
3.3
"CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
"OWNER"/"DEVELOPER": means and refers to Locust
Grove Apartments, LLC, Lc. Development, Inc., whose
address is P.O. Box 518 Meridian, Idaho 83680, the party
developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "N', attached hereto and
DEVELOPMENT AGREEMENT (AZ-Ol-OO2) - 3
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 (F and 1) which are herein specified as
follows:
Restriction of the otherwise permitted C-C zone uses listed
below:
c.
d.
Automobile Washing Facilities
Convenience Stores
Department Stores
Entertainment Centers
Restaurants
a.
b.
e.
The City Council requires that a restaurant be allowed on Lots 7
and 8 without re-submittal of a conditional use permit, a
restaurant be restricted from Lots 2 and 3, and a restaurant be
allowed on Lots 4 and 5 with re-submittal of a conditional use
permit.
To subdivide for construction and development of the property into
a planned development of commercial and residential 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"/"Developer" is
required to submit to "City" an application for conditional use permit, and shall be
required to obtain the "City"'s approval thereof, in accordance to the City's Zoning &
Development Ordinance criteria, therein, provided, prior to, and as a condition of,
the commencement of construction of any buildings or improvements on the
"Property" .
DEVELOPMENT AGREEMENT (AZ-0l-OO2) - 4
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A
"Owner"/"Developer" shall develop the "Property" in accordance with the
following special conditions:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows, with the exception of the zoning ofC-G for the connnerciallots which is
recommended to be C-C subject to the following, to-wit:
Adopt the Reconnnendations of the Planning and Zoning and Engineering staff as
follows:
6.1
6.2
6.3
6.4
The requested CoG zone for Lots 1-5 and 7-9, Block 1, shall be
down-zol.)ed to a C-C zone. Note: Applicant has agreed to this
zoning.
The requested R-40 zone for Lot 6, Blocl<. 1 shall be capped with
a maximum of 20 d.u./acre as a condition.
Restriction of the otherwise permitted C-C zone uses listed
below:
a.
b.
Automobile Washing Facilities
Convenience Stores
Department Stores
Entertainment Centers
Restaurants
c.
d.
e.
The City Council shall allow a restaurant on Lots 7 and 8 without re-
submittal of a Conditional Use Permit, a restaurant be restricted from
Lots 2 and 3, and a restaurant be allowed on Lots 4 and 5 with re-
submittal of a Conditional Use Permit.
Hours of Operation: No details of hours of operation for the
commercial lots was provided in the application. If annexation
and zoning of the commercial zoning is approved, all future
commercial uses in Lots 1-5 and 7-9 shall be limited to hours of
operation of 7:00am to 10:00pm, or as otherwise determined by
the Commission and Council.
DEVELOPMENT AGREEMENT (AZ-Ol-OO2) - 5
6.5
6.6
6.7
6.8
6.9
All irrigation ditches, laterals or canals, exclusive of natural
waterways, intersecting, crossing or lying adjacent and contiguous
to the parcel shall be tiled per City Ordinance 12-4-13, except the
Jackson Drain shall be left open to retain its natural features.
Plans shall need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public
Works Department.
Any existing domestic wells and/or septic systems within this
project shall have to be removed from their domestic service per
City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for
non-domestic purposes such as landscape irrigation.
Two-hundred-fifty- and 100-watt, high-pressure sodium
streetlights shall be required at locations designated by the Public
Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections
and/or fire hydrants.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Sections 11-13-4.c. and 12-5-2.M.
Off street parking shall be provided in accordance with the City
of Meridian Ordinance 11-13 for use of property.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas in the
proposed future commercial lots. All site drainage shall be
contained and disposed of on-site.
6.10 All signage in the proposed future commercial lots shall be in
accordance with the standards set forth in Section 11-14 of the
City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs shall be
permitted.
DEVELOPMENT AGREEMENT (AZ-0l-OO2) - 6
6.11 Provide-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.1<.
6.12 All construction shall conform to the requirements of the Americans
with Disabilities Act.
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 "Owner"/"Developer" or
"Owner"/"Developer"'s heirs, successors, assigns, to comply with Section 6
entitled "Conditions Governing Development" of subject "Property" of this
agreement within two years of the date this Agreement is effective, and after
the "City" has complied with the notice and hearing procedures as outlined in
Lc. ' 67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner"/"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:
8.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Owner"/"Developer" and
if the "Owner"/"Developer" fails to cure such failure within
six (6) months of such notice.
9. INSPECTION: "Owner"/"Developer" shall, immediately upon
completion of any portion or 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:
DEVELOPMENT AGREEMENT (AZ-OI-OO2) - 7
10.1 In the event "Owner"/"Developer", "Owner"/"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"/"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 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"/"Developer"'s cost, and submit proof of such recording to
"Owner"/"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.
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"/"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.
DEVELOPMENT AGREEMENT (AZ-Ol-OO2) - 8
13.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Owner"/"Developer" shall
have thirty (30) days after delivery of notice of said breach
to correct the same prior to the non-breaching party's
seeking of any remedy provided for herein; provided,
however, that in the case of any such default which 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"j"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.
14. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code '12-5-3, to insure that
installation of the improvements, which the "Owner"/"Developer" agrees to
provide, if required by the "city".
15. CERTIFICATE OF OCCUPANCY: The "Owner"/"Developer"
agrees that no Certificates of Occupancy will be issued until all improvements
are completed, unless the "City" and "Owner"/"Developer" have entered into
an addendum agreement stating when the improvements will be completed in
a phased developed; and in any event, no Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
DEVELOPMENT AGREEMENT (AZ-0l-OO2) - 9
16. ABIDE BY ALL CITY ORDINANCES: That
"Owner"/"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:
DEVELOPER:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Locust Grove Apartments, LLC
Lc. Development, Inc.
P.O. Box 518
Meridian, Idaho 83680
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
17.l 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 prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
DEVELOPMENT AGREEMENT (AZ-Ol-OO2) - 10
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 of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Owner"/"Developer", to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable
discretion, had determined that "Owner"/"Developer" has fully performed its
obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from 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"/"Developer" and "City" relative to the subject matter hereof, and
there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between "Owner"/"Developer" and "City", other
than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their
DEVELOPMENT AGREEMENT (AZ-OI-OO2) - 11
successors in interest or their assigns, and pursuant, with respect to "City", to
a duly adopted ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended 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-OI-OO2) - 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
LOCUST GROVE APARTMENTS, LLC
Lc. DEVELOPMENT, INc.
By4; e~
,R:;,'j)€"or
Attest:
BY:
CITY OF MERIDIAN
BY: ~ýO~~ ~
MAYOR ROBERT D. CORRIE
BY RESOLUTION NO.-
Attest:
J!~ þ&~ cL.
CITY CLERIC' !E: - ~ ( 7-
DEVELOPMENT AGREEMENT (AZ-O1-OO2) - 13
STATE OF IDAHO)
:ss
COUNTY OF ADA)
On this I £(12 day of f/l-tA 6"-'L ,.,
2001, before me, G6yZA-i-J) w. (¡lA...rirr-t..J'P'.:.y-
Public, personally appeared l- t3"£ C 6Þ<~
and , known or identified to me to
be the 12 /L6.> I ()~ and
- of Locust Grove Apartments, LLC and
Lc. Development, Inc., and the persons who executed the instrument and
acknowledged to me that they having executed the same on behalf of said
limited lialWit~.ûQ1Ppany and Idaho corporation.
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""~'~~'~~' Commission expires: .s-~f.,~æ-
, in the year
a Notary
STATE OF IDAHO
:ss
County of Ada )
On this LOfh- day of AIA~1AÇ,1- , in the year 200"2,
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg, know 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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(Y , : ò If L 0J'tAYì òYYlJ. ~
(SEAL) \ \. J ¡ Notary Public for Idaho
...~~\~l Commission expires: ~ -2 '5--o<Ç
Z:\Work\M\Meridian\M~~ocust Grove Place AZ PP CUPlDeve1opAgr.doc
DEVELOPMENT AGREEMENT (AZ-0l-OO1) - 14
EXHIBIT A
Legal Description Of Pro{'erty
(R-40) Hi~h Density Residential
A parcel of land situate in the northeast quarter of the northeast
quarter of Section 7, Township 3 North, Range I East, Boise
Meridian, Meridian City, Ada County, Idaho, being more
particularly described as follows:
Commencing at the northeast corner of said Section 7; thence
SOOOOO'45 " W, 1,324.72 feet along the easterly boundary of said
Section 7 to the southeast corner of the northeast quarter of the
northeast quarter of said Section 7; thence S89°36'07" W, 206.71 feet
along the southerly boundary of the northeast quarter of the northeast
q¡¡arter of said Section 7 to the Real Point of Beginning:
Thence continuing S89°36'07" W, 452.60 feet along the southerly
boundary of the northeast quarter of the northeast quarter of said
Section 7 to the southeast corner of Danbury Fair Subdivision No.2, as
shown on the official plat thereof on file in the office of the Ada
County, Idaho Recorder;
Thence NOl°12'31" W, 165.90 feet along the easterly boundary of said
Danbury Faire Subdivision No.2;
Thence NOl°12'45" E, 164.29 feet;
Thence N89°36'00" E, 10.67 feet;
Thence NOooOO'32" E, 536.16 feet to the Jackson Stub Drain;
Thence the following courses and distances along the Jackson Stub
Drain:
N84°17'26" E, 318.75 feet;
S5SO47'00" E, 117.02 feet;
DEVELOPMENT AGREEMENT (AZ-O1-001) - 15
S3r48'00" E, 210.67 feet;
Thence S52°12'00" W, 50.25 feet;
Thence N90o00'00" W, 63.00 feet;
Thence SOOOOO'OO" W, 207.51 feet;
Thence S90o00'00" E, 1.51 feet;
Thence SOOOOO'OO" W, 424.34 feet to the Real Point of Beginning.
Comprising 9.148 acres, more or less.
(C-C) Community Business:
A parcel of land situate in the northeast quarter of the northeast quarter
of Section 7, Township 3 North, Range 1 East, Boise Meridian,
Meridian City, Ada County, Idaho, being more particularly described as
follows:
Commencing at the northeast corner of said Section 7; thence
SOooOO' 45" W, 1 ,324.72 feet along the easterly boundary of said
Section 7 to the southeast corner of the northeast quarter of the
northeast quarter of said Section 7, which is the Real Point of
Beginning;
Thence S89°36'OT W, 206.71 feet along the southerly boundary of the
northeast quarter of the northeast quarter of said Section 7;
Thence NOOoOO'OO" E, 424.34 feet;
Thence N90o00'00" W, 1.51 feet;
Thence NOOoOO'OO" E, 207.51 feet;
Thence N90o00'00" E, 63.00 feet;
DEVELOPMENT AGREEMENT (AZ-0l-OO1) - 16
Thence N52°12'00" E, 50.25 feet to the Jackson Stub Drain;
Thence S3r48'00" E, 172.33 feet along the Jackson Stub Drain to the
easterly boundary of said Section 7;
Thence SOOOOO'45 " W, 525.05 feet along the easterly boundary of said
Section 7 to the Real Point of Beginning.
Comprising 2.927 acres, more or less.
DEVELOPMENT AGREEMENT (AZ-OI-OOl) - 17
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-Ol-OOl) - 18
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATIER OF THE
APPLICATION OF LOCUST
GROVE APARTMENTS, LLC,
APPLICANT, AND LC.
DEVELOPMENT, INC.,
OWNER, THE APPLICATION
FOR ANNEXATION AND
ZONING OF 11.764 ACRES FOR
PROPOSED LOCUST GROVE
PLACE, LOCATED ON THE
WEST SIDE OF LOCUST
GROVE AND 740 FEET SOUTH
OF FAIR VIEW, MERIDIAN,
IDAHO
C/C 04-03-01
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Case No. AZ-01-002
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 April 3, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning
Administrator, appeared and testified, and appearing on behalf of the Applicant were
Anna Powell and Lee Centers, and appearing with comments and/or concerns was
Richard Livingston, 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 zoning
Page 1
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-0l-O02)
was published for two (2) consecutive weeks prior to said public hearing scheduled for
April 3, 2001, before the City Council, the first publication appearing and written notice
having been mailed to property owners or purchasers of record within three hundred
feet (300') 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 April 3, 2001, 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 Meridian City Code' , 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.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-0l-O02)
Page 2
5.
The property is approximately 11.764 acres in size and is located on the
west side of Locust Grove Road, south of Fairview. The property is designated as Locust
Grove Place.
6.
The owner of record of the subject property is LC. Development, Inc., of
Meridian, Idaho.
7.
8.
Applicant is Locust Grove Apartments, LLC of Meridian, Idaho.
The property is presently zoned by Ada County as RUT, and consists of a
large residential lot.
9.
and CoG.
10.
The Applicant requests the property be zoned as a combination of R-40
The subject property is bordered to the north and east by Ada County and
to the south and west by the city limits of the City of Meridian.
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 the Urban Service Planning Area as defined in the Meridian
Comprehensive Plan.
13.
The Applicant proposes to develop the subject property in the following
manner: subdivide property into a planned development of commercial and residential
lots.
14.
The Applicant requests zoning of the subject real property as R -40 and C-
G which is consistent with the Meridian Comprehensive Plan Generalized Land Use
Map which designates the subject property as Mixed Use.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-O1-002)
Page 3
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,
and with the exception of the zoning of CoG for the commercial lots which is
recommended to be C-C subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
16.1
16.2
16.3
16.4
A Development Agreement shall be required as a condition of annexation.
The requested CoG zone for Lots 1-5 and 7-9, Block 1, shall be down-zoned
to a C-C zone. Note: Applicant has agreed to this zoning.
The requested R-40 zone for Lot 6, Block 1 shall be capped with a
maximum of 20 d.u.jacre as a condition of the Development Agreement.
The Development Agreement shall restrict the otherwise permitted C-C
zone uses listed below:
a.
b.
c.
d.
Automobile Washing Facilities
Convenience Stores
Department Stores
Entertainment Centers
Restaurants
e.
The City Council shall allow a restaurant on Lots 7 and 8
without re-submittal of a Conditional Use Permit, a restaurant
be restricted from Lots 2 and 3, and a restaurant be allowed on
Lots 4 and 5 with re-submittal of a Conditional Use Permit.
16.5 Hours of Operation: No details of hours of operation for the commercial
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-0l-002)
lots was provided in the application. If annexation and zoning of the
commercial zoning is approved, all future commercial uses in Lots 1-5 and
7-9 shall be limited to hours of operation of 7:00am to lO:oopm, or as
otherwise determined by the Commission and Council.
16.6 All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13, except the Jackson Drain shall be left
open to retain its natural features. Plans shall need to be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
16.7 Any existing domestic wells and/or septic systems within this project shall
have to be removed from their domestic service per City Ordinance Section
9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as
landscape irrigation.
16.8
16.9
Two-hundred-fifty- and lOocwatt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department. All
streetlights shall be installed at subdivider's expense. Typicallocations
are at street intersections and/or fire hydrants.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with City
Ordinance Sections 11-13-4.C. and 12-5-2.M.
16.10 Off street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
16.11
16.12
16.13
16.14
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
COrd. 557, 10+91) for all off-street parking areas in the proposed future
commercial lots. All site drainage shall be contained and disposed of on-
site.
All signage in the proposed future commercial lots shall be in accordance
with the standards set forth in Section 11-14 of the City of Meridian
Zoning and Development Ordinance. No temporary signage, flags,
banners or flashing signs shall be permitted.
Provide-foot-wide sidewalks in accordance with City Ordinance Section
12-5-2.K.
All construction shall conform to the requirements of the Americans with
Disabilities Act.
FINDINGS OF FACf AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-OI-002)
Page 5
17.
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.
18.
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 will
not change the essential character of the affected vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future neighboring
uses, particularly considering the impact of proposed development on potential to
produce excessive traffic, noise, smoke, fumes, glare and odors.
19.
It is found that the zoning of the subject real property as High Density
Residential District (R-40) and Community Business District (C-C) requires connection
to the Municipal Water and Sewer systems and will be compatible with the Applicant=s
development intentions, and will assure that the zoning is consistent with the Meridian
Comprehensive Plan Generalized Land Use Map which designates the subject property
as Mixed Use.
20.
The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-Ol-002)
Page 6
Plan of the City as follows:
20.1 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.
20.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted ofthe political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
20.3 The application is consistent with Meridian's self identity.
20-4 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.
20.5 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.
20.6 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.
21.
The property can be physically serviced with City water and sewer.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-0l-002)
Page 7
Idaho Code Section 50-222. The Meridian City Code I 11-16 provides the City may
annex real property that is within the Meridian Urban Service Planning Area as set forth
in the City's Comprehensive Plan.
2.
The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as
provided by ALocal Land Use Planning Act of1975', 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.
44 To provide housing opportunities for all economic groups
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-OI-002)
4.5
4.6
4.7
4.8
4.9
within the community.
To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
To encourage cultural, educational and recreational facilities
which will fill the needs and preferences of the citizens of
Meridian and to insure that these facilities are available to all
residents of the City.
To provide community services to fit existing and projected
needs.
To establish compatible and efficient use ofland through the
use of innovative and functional site design.
To encourage a balance of land use 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.
4B.
The sections of the Comprehensive Plan that most directly apply to the
proposed project are as follows:
Land Use Chapter
lAU - Encourage new development that reinforces the City's present
development pattern of higher density development within the Old Town
area and lower density development in outlying areas.
1.8U - Promote the development of high-quality and environmentally
compatible residential areas that contain the necessary parks, schools and
commercial facilities to maintain and form identifiable neighborhoods.
2.lU - Support a variety of residential categories (urban, rural, single-family,
multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing
opportunities.
2.2U - Support strategies for the development of neighborhood parks within
all residential areas.
Page 9
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-0l-002)
2.3U - Protect and maintain residential neighborhood property values,
improve each neighborhood's physical condition and enhance its quality of
life for residents.
2.SU - Encourage compatible infill development that will improve existing
neighborhoods.
6.8U - New urban density subdivisions which abut or are proximal to
existing rural residential land uses shall provide screening and transitional
densities with larger, more comparable lot sizes to buffer the interface
between the urban level densities and rural residential densities.
Natural Resources and Hazardous Areas
1.1 U - Identify and protect areas with special characteristics such as stream
corridors, canals, and wetlands.
2.1U - Development along major drainage ways will be restricted to ensure
that development does not cause additional ground or surface water
contamination.
3.1U - Manage and prevent unsuitable uses along drainageways and protect
the flood plains of creeks and drains.
Transportation
IAU - Monitor and coordinate the compatibility of the land use and transportation
system.
1.20U - Encourage proper design of residential neighborhoods to ensure
their safety and tranquility.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-OI-002)
Page 10
Open Space. Parks and Recreation
2.5U - New subdivision development... will be considered as opportunities
to.. .Encourage the development of recreational open spaces and parks as part ofnew
planned developments.
Housing
1.1 - ...provide for a wide diversity of housing types...in a variety of locations
suitable for residential development.
1.4 - The development of housing for all income groups close to employment and
shopping centers shall be encouraged.
1.6 - Housing proposals shall be phased with transportation, open space and public
service and facility plans, which will maximize benefits to the residents, minimize
conflicts and provide a tie-in between new residential areas and service needs.
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
5.2 - Ensure that all new development enhances rather than detracts from
the visual quality of its surroundings, especially in areas of prominent
visibility.
6.11U - Promote well-planned and well-designated affordable housing in all
Meridian neighborhoods.
5.
The zonings of High Density Residential District (R-40) and Community
Business District (C-C) are defined in the Zoning Ordinance at r 11-7-2 F and I as follows:
fR-40) Hilili Density Residential District: The purpose of the R -40 District is
to permit the establishment of high density residential uses at a density not
exceeding forty (4°) dwelling units per acre. Connection to the Municipal water and
sewer systems of the City is required.
fC-C) Community Business District: The purpose of the C-C District is to
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENfS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-OI-002)
Page 11
permit the establishment of general business uses that are of a larger scale than a
neighborhood business, and to encourage the development of modern shopping
centers with adequate off-street parking facilities, and associated site amenities to
serve area residents and employees; to prohibit strip commercial development and
encourage the clustering of commercial enterprises. All such districts shall have
direct access to a transportation arterial and collector and be connected 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 required for Applicant to construct and develop a possible mixed
use development.
7.
Since the annexation and zoning ofland is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho
Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8.
The development of the annexed land, if annexed, shall meet and comply with
the Ordinances of the City of Meridian including, but not limited to: Section 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
take 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 Council, the commitment shall be binding on the owner of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-0l-002)
Page 12
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
hereby Order and this does Order:
1.
The applicant's request for annexation and zoning of approximately 11.764
acres to High Density Residential District (R-40) and Community Business District (C-C) is
granted subject to the terms and conditions of this Order hereinafter stated.
2.
The application is for annexation and zoning of 11.764 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, with the exception of the zoning ofC-G for the commercial
lots which is recommended to be C-C subject to the following, to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-OI-002)
Page 13
3.1
3.2
3.3
3-4
3.5
3.6
3.7
3.8
A Development Agreement shall be required as a condition of annexation.
The requested C-Gzone for Lots 1-5 and 7-9, Block 1, shall be down-zoned
to a C-C zone. Note: Applicant has agreed to this zoning.
The requested R-40 zone for Lot 6, Block 1 shall be capped with a
maximum of2o d.u.jacre as a condition ofthe Development Agreement.
The Development Agreement shall restrict the otherwise permitted C-C
zone uses listed below:
a.
b.
c.
d.
e.
Automobile Washing Facilities
Convenience Stores
Department Stores
Entertainment Centers
Restaurants
The City Council shall allow a restaurant on Lots 7 and 8
without re-submittal of a Conditional Use Permit, a restaurant
be restricted from Lots 2 and 3, and a restaurant be allowed on
Lots 4 and 5 with re-submittal of a Conditional Use Permit.
Hours of Operation: No details of hours of operation for tlJe commercial
lots was provided in the application. If annexation and zoning of the
commercial zoning is approved, all future commercial uses in Lots 1-5 and
7-9 shall be limited to hours of operation of 7:00am to lO:oopm, or as
otherwise determined by the Commission and Council.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13, except the Jackson Drain shall be left
open to retain its natural features. Plans shall need to be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
Any existing domestic wells and/or septic systems within this project shall
have to be removed from their domestic service per City Ordinance Section
9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as
landscape irrigation.
Two-hundred-fifty- and lOa-watt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department. All
streetlights shall be installed at subdivider's expense. Typical locations are
at street intersections and/or fire hydrants.
Page 14
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-01-002)
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with City
Ordinance Sections 1l-13-4.C. and 12-5-2.M.
3.10 Off street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
3.9
A drainage plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91)
for all off-street parking areas in the proposed future commercial Jots. All
site drainage shall be contained and disposed of on-site.
3.12 All signage in the proposed future commercial lots shall be in accordance
with the standards set forth in Section 11-14 ofthe City of Meridian
Zoning and Development Ordinance. No temporary signage, flags,
banners or flashing signs shall be permitted.
3.11
Provide-foot-wide sidewalks in accordance with City Ordinance Section
12-5-2.K.
3.14 All construction shall conform to the requirements of the Americans with
Disabilities Act.
3.13
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 -40) High Density Residential District and (C-C)
Community Business District, and Meridian City Code I 11-7-2 F and 1.
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
zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-O1-002)
Page 15
Meridian. Pursuant to Idaho Code I 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
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 the
1 çi:
day of
ýVLavu¿
,2001.
ROLLCALL
COUNCILMAN RON ANDERSON
VOTED~
COUNCILMAN KEITH BIRD
VOTED~
COUNCILWOMAN TAMMY deWEERD
VOTED---$-
COUNCILWOMAN CHERIE McCANDLESS
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 5'-/-0/
VOTED ---
MOTION: ~
APPROVED:~ DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE - (AZ-01-002)
Page 16
BY~~k~~.
Ity Clerk .
Dated:
Z:\Work\M\Meridian\Meridian 1536oM\Locust Grove Place AZ PP CUP\AZFindingsClsOrder.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LOCUST GROVE APARTMENTS, LLC FOR
PROPOSED LOCUST GROVE PLACE- (AZ-OI-OOZ)
Page 17