Macaile Meadows Subdivision AZ 01-055
PARTIES: 1.
2.
,"," ~ RECORDED-REQUEST oF'
ADA COUNTY RECORDER~ . ~ )it..
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ZDJISP-6 PHI:31t ~I 0 I 092122
DEVELOPMENT AGREEMENT
City of Meridian
Hillview Land Development, LLC - OwnerlDeveloper
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this 27f1....... day of lJui/€~ f , 2oéJ I , by and
between CITY OF MERIDIAN, a municipal c poratlOn of the State of Idaho,
hereafter called "CITY", and HILLVIEW LAND DEVELOPMENT, LLC, an
Idaho Limited Liability Company, hereinafter called
"OWNER"/"DEVELOPER", whose address is 2150 N. Canter Place, Eagle,
Idaho 83616.
1.
RECITALS:
1.1
1.2
1.3
1.4
WHEREAS, "Owner"f"Developer" is the sole owner, in
law and/or equity, of certain tract of land in the County of
Ada, State of Idaho, described in Exhibit A, which is
attached hereto and by this reference incorporated herein
as if set forth in full, herein after referred to as the
"Property"; and
WHEREAS, I.c. §67-651IA, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the "Owner"f"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"f"Developer" have submitted an
application for annexation and zoning of the "Property"s
described in Exhibit A, and has requested a designation of
(R-8) Medium Density Residential District, (Municipal
Code of the City of Meridian); and
DEVELOPJ\1ENT AGREEMENT (AZ-0l-OO5) - 1
1.5
1.6
1.7
1.8
1.9
WHEREAS, "Owner"f"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 17~ day of~, 2001,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
WHEREAS, the "Findings" require the
"Owner"f"Developer" enter into a development agreement
before the City Council takes final action on annexation
and zoning designation; and
"OWNER"f "DEVELOPER" deem it to be in its best
interest to be able to enter into this Agreement and
acknowledges that this Agreement was entered into
voluntarily and at its urging and requests; and
1.10 WHEREAS, "City" requires the "Owner"f"Developer" to
enter into a development agreement for the purpose of
ensuring that the "Property" is developed and the
subsequent use of the "Property" is in accordance with the
terms and conditions of this development agreement,
herein being established as a result of evidence received by
the "City" in the proceedings for annexation and zoning
DEVELOPMENT AGREEMENT (AZ-Ol-005) - 2
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 Hillview
Land Development, LLC, whose address is 2150 N. Canter
Place, Eagle, Idaho 83616, the party developing said
"Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
DEVELOPJ\1ENT AGREEMENT (AZ-0l-OO5) - 3
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 (0) which
are herein specified as follows:
Construction and development of 115 building lots and 15
other lots for proposed Macaile Meadows Subdivision, but
presently only 60 building permits may be obtained until
access both to Cloverdale on the northeast and Pine Avenue
on the south have been made available.
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"f"Developer" are not required to submit to "City"an application for
conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
6.A
"Owner"f"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:
1.
Due to the shallow depth of the existing sewer near this proposed
subdivision, three sewering options exist: (1.) via a lift station,
(2.) fill the lots up to 6 or 7 feet to achieve gravity flow tQ the
sewer stubs northwest of the subdivision or, (3.) gravity sewer
into Boise City. The applicant proposes to sewer this subdivision
with a lift station located in a common lot near the southern
boundary. The Public Works Department has no objections to
this proposal if the following conditions are met:
DEVELOPMENT AGREEMENT (AZ-Ol-005) - 4
2.
a.
The existing sewer manhole(s) into which the lift station
discharges is retrofitted to protect it from hydrogen sulfide
corrosion.
b.
Provision is made for either additional emergency storage
in the wet well, or permanent bacl<.Up power (generator) is
incorporated into the lift station.
Water service to this site is being proposed via extensions from
existing mains in Westdale Park subdivision to the south.
Applicant shall attempt to obtain off-site easements for additional
main looping to the north. Applicant shall be responsible to
construct the water mains to and through this proposed
development. Subdivision designer to coordinate main sizing and
routing with the Public Works Department. Water service to this
development is contingent upon positive results from a hydraulic
analysis by our computer model. Flow and pressure from the
existing mains shall be monitored with the Meridian Water
Department.
Comply with all the General Requirements listed in Staffs
comments dated April 2, 2001.
Adopt the Recommendations of the Ada County Highway District as
follows:
3.
The Applicant shall comply with the requirements within the
ACHD's letter dated June 4,2001, including the Special
Recommendation to the City of Meridian, Site Specific
Requirements and the Standard Requirements.
Adopt the Recommendations of the Meridian Fire Department as
follows:
4.
Fire Chief, Kenny Bowers, has concerns with only one entrance
into the subdivision from Driftwood, the Meridian Fire
Department would have to travel four miles from the closes fire
station. The Meridian Fire Department would have to travel into
DEVELOPJ\1ENT AGREEMENT (AZ-Ol-005) - 5
the Boise Fire Department's district to reach the subdivision.
Adopt the Recommendation of the Meridian Police Department as
follows:
5.
An entrance from the Meridian city limits shall be required.
Adopt the action talœn at the July 3, 2001 City Council meeting
requirement as follows:
6.
Applicant requested development of 115 building lots and 15
other lots for the proposed Macaile Meadows Subdivision, but
presently only 60 building permits shall be obtained until access
both to Cloverdale on the northeast and Pine Avenue on the
south have been made available.
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
I.c.§ 67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner"/"Developer" consent upon default to the de-annexation
and/or a reversal of the zoning designation of the "Property" subject to and
conditioned upon the following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Owner"/"Developer" and
if the "Owner"/"Developer" fails to cure such failure within
six (6) months of such notice.
DEVELOPMENT AGREEJ\1ENT (AZ-Ol-005) - 6
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:
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.
1 0.2 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 ofthe "Property" by
the City Council. If for any reason after such recordation, the City Council
fails to adopt the ordinance in connection with the annexation and zoning of
the "Property"contemplated hereby, the "city" shall execute and record an
appropriate instrument of release of this Agreement.
DEVELOPMENT AGREEJ\1ENT (AZ-0l-OO5) - 7
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.
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"/"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 checlc or
negotiable bonds, as allowed under Meridian City Code '12-5-3, to insure that
DEVELOPJ\1ENT AGREEMENT (AZ-0l-OO5) - 8
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".
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:
OWNER/DEVELOPER:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Hillview Land Development, LLC
2150 N. Cantar Place
Eagle, Idaho 83616
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
DEVELOPJ\1ENT AGREEJ\1ENT (AZ-Ol-005) - 9
17.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the 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
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" and "Developer" has fully performed
its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
DEVELOPMENT AGREEMENT (AZ-Ol-005) - 10
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
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-O1-005) - 11
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
HILLVIEW LAND DEVELOPMENT, LLC,
DEVELOPER
B~~
/11 t/fJl Að-tß/
Attest:
BY:
CITY OF MERIDIAN
DEVELOPMENT AGREEMENT (AZ-Ol-OO1) - 12
STATE OF IDAHO)
:ss
COUNTY OF ADA)
, in the year 2001,
personally appeared
and
, known or identified to me to be
general partners of Hillview Land Development, LLC, and the persons who
executed the instrument and acknowledged to me that they having executed the
same.~_tmij'.of said limited liability company.
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On this [) 1 t!::- day of a Lli~
before me, IÚl..ÖtJt¡-e. A-TZi/ n -/iA.. a Not ry Public,
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STATE OF IDAHO
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On this J.ff'r day of ~""~-t,... , in the year 2001,
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 ac1cnowledged to me that such City
executed the same. ,,""""""'"
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County of Ada
DEVELOPMENT AGREEMENT (AZ-O1-001) - 13
EXHIBIT A
Legal Description Of Property
A parcel ofland lying in the SW V4 of the NE 1/4 of Section 9, T. 3N., R.
lE., B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the V4 section corner common to Sections 9 and 10 of said
T. 3N., R. lE.,
Thence North 89°21'21" West along the East-West mid-section line of
said Section 9, 1342.28 feet to the center-east 1/16th section corner of said
Section 9, said point also being the southerly most corner common to
Westdale Park Subdivision and Westdale Park Subdivision No.2, as same
are. shown on the plats thereof recorded in Book 63. of Plats at Page 6301
and Book 68 of Plats at page 6978 respectively, of Ada County Records;
Thence North 0°30'24" East on the l!16th section line and the common
boundary of said Westdale Park Subdivision, 394.70 feet to the northerly
most corner common to said Westdale Park Subdivisions, said point being
the REAL POINT OF BEGINNING;
Thence North 89°21 '21" West on the northerly boundary of said W estdale
Park Subdivision No.2, 1340.35 feet to a point on the North-South mid-
section line of said Section 9, said point also being on the easterly
boundary of Crossroads Subdivision No.7, as same is shown on the Plat
thereof recorded in Book 77 of Plats at Page 8114 of Ada County Records;
Thence North 0°47' 11" East on said North-South mid-section line and on
the easterly boundary of said Crossroads Subdivision No.7, and also a
portion of Crossroads Subdivision No.6, as same is shown on the plat
thereof recorded in Book 76 of Plats at Page 7941 of Ada County Records,
930.55 feet to the center-north 1/l6th section corner of said Section 9;
Thence South 89°22'16" East on the northerly boundary of said SW V4 of
the NE V4, 1335.81 feet to the north-east l!16th section corner of said
Section 9;
DEVELOPMENT AGREEMENT (AZ-O1-00l) - 14
Thence South 0030'24" West on the easterly boundary of said SW Y4 of
the NE 1/4, 930.91 feet to the real point of beginning. Containing 28.59
acres, more or less.
DEVELOPMENT AGREEMENT (AZ-O1-001) - 15
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-O1-00l) - 16
...- .."...-...,,----. .-.
q,.c
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF HILLVIEW
LAND DEVELOPMENT, LLC,
THE APPLICATION FOR
ANNEXATION AND ZONING
OF 28.59 ACRES FOR
PROPOSED MACAILE
MEADOWS SUBDMSION,
LOCATED SOUTH OF
FAIRVIEW AND WEST OF
CLOVERDALE ROAD,
MERIDIAN, IDAHO
ClC 07-03-01
Revised C/C 07/17/01
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Case No. AZ-O 1-005
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 June 19,2001 and co~tinued until June 27, 2001 and July 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 or in favor of the
application were: Gary Dodge and Mark Butler of Land Consultants, Inc., and
appearing in opposition and/or with comments or concerns were: Holly Turney, Scott
Curtis, Arnie Hope, Delores Sass, Cynthia Curtis, Greg Allman, Laurie Hopkins,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BY HILLVIEW LAND
DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION - (AZ-OI-OO5 )
. ..c~,..
c.
C:
Andrew Hopkins. and Michelle Weiss, and numerous letters received in opposition of
the application and which are on file in the City Clerk's office, 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 was published for two (2) consecutive weeks prior to said public hearing
scheduled for June 19,2001 and continued until June 27, 2001 and July 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 June 19,2001 and continued June 27, 2001
and July 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HILL VIEW LAND
DEVELOPMENT, LLC / MACAILE MEADOWS SUBDMSION - (AZ.O 1-005 )
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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 tal<es 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.
5.
The property is approximately 28.59 acres in size and is located south of
Fairview and west of Ooverdale Road. The property is designated as Macaile
Meadows Subdivision.
6.
The owner of record of the subject propeny is the Southern Idaho
Corporation of Seventh Day Adventists of Boise, Idaho.
vacant ground.
7.
Applicant is Hillview Land Development, LLC of Eagle, Idaho.
8.
The property is presently zoned by Ada County as RUT, and consists of
9.
The Applicant requests the property be zoned as R-8.
FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HILL VIEW LAND
DEVELOPMENT, LLC/ MACAILE MEADOWS SUBDMSION - (AZ-O1-005 )
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10.
The subject property is bordered to the north by Terrace Lawn
Memorial Gardens zoned RUT, and Walmart, zoned CC, to the south (R-8) and west
(R-4) by residential subdivisions and to the east by the Seventh Day Adventist
Church in Boise city limits.
11.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12.
The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
13.
The Applicant proposes to develop the subject property in the following
manner: Development of 115 building lots and 15 other lots for proposed Macaile
Meadows Subdivision, but presently only 60 building permits may be obtained until
access both to Cloverdale on the northeast and Pine Avenue on the south have been
made available.
14.
The Applicant requests zoning of the subject real property as R-8 which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Single-Family Residential.
15.
There are no significant or scenic features of major importance that
affect the consideration of this application.
16.
The City Council recognizes the concerns of Robert and LaDene
Courval, and numerous letters on file with the City Clerk's office.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY HILL VIEW LAND
DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION - (AZ-O 1-005 )
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17.
Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1.
Due to the shallow depth of the existing sewer near this proposed
subdivision, three sewering options exist: (1.) via a lift station, (2.) fill
the lots up to 6 or 7 feet to achieve gravity flow to the sewer stubs
northwest of the subdivision or, (3.) gravity sewer into Boise City. The
applicant proposes to sewer this subdivision with a lift station located in
a common lot near the southern boundary. The Public Works
Department has no objections to this proposal if the following
conditions are met:
a.
The existing sewer manhole(s) into which the lift station
discharges is retrofitted to protect it from hydrogen sulfide
corrosion.
b.
Provision is mad~ for either additional emergency storage in the
wet well, or permanent backup power (generator) is incorporated
into the lift station.
Water service to this site is being proposed via extensions from existing
mains in Westdale Park subdivision to the south. Applicant shall
attempt to obtain off-site easements for additional main looping to the
north. Applicant shall be responsible to construct the water mains to
and through this proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department.
Water service to this development is contingent upon positive results
from a hydraulic analysis by our computer model. Flow and pressure
from the existing mains shall be monitored with the Meridian Water
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 5
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BY HILL VIEW LAND
DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION - (AZ-O 1-005 )
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Department.
2.
A Development Agreement shall be required as a condition of
annexation.
3. Comply with all the General Requirements listed in Staffs comments dated
April2,2001.
Adopt the Recommendations of the Ada County Highway District as follows:
4.
The Applicant shall comply with the requirements within the ACHD's
letter dated June 4, 2001, including the Special Recommendation to the
City of Meridian, Site Specific Requirements and the Standard
Requirements.
Adopt the Recommendations of the Meridian Fire Department as follows: -
5.
Fire Chief, Kenny Bowers, has concerns with only one entrance into the
subdivision from Driftwood, the Meridian Fire Department would have
to travel four miles from the closes fire station. The Meridian Fire
Department would have to travel into the Boise Fire Department's
district to reach the subdivision.
Adopt the Recommendation of the Meridian Police Department as follows:
6.
An entrance from the Meridian city limits shall be required.
Adopt the action taken at the July 3,2001 City Council meeting requirement
as follows: .
7.
Applicant requested development of 115 building lots and 15 other lots
for the proposed Macaile Meadows Subdivision, but presently only 60
building permits shall be obtained until access both to Cloverdale on the
northeast and Pine Avenue on the south have been made available.
18.
It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 17, and all
sub-parts. the economic welfare of the City and its residents and tax and rate payers
FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY HILL VIEW LAND
DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION- (AZ-O 1-005 )
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will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
19.
It is also found that the development considerations as referenced in
Finding No. 17 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.
20.
It is found that the zoning of the subject real property as Medium
Density Residential District (RoB) 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 Single-Family
Residential.
21.
The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW 0 Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY HILL VIEW LAND
DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION - (AZ-O 1-005 )
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21.1 The consideration of the provisions of the Comprehensive Plan and the
requirements of the zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive Plan
and the zoning ordinance of the City to all applications such as the
subject application.
21.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
21.3 The application is consistent with Meridian's self identity.
21.4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive Plan and the zoning ordinance of the City to the subject
application.
21.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
21.6 Compatible and efficient use ofland through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
Plan and the zoning ordinance of the City to the subject application.
22.
The 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
FINDINGS OF FAcr AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY HILL VIEW LAND
DEVELOPMENT, LLC / MACAILE MEADOWS SUBDMSION - (AZ-OI-OOS )
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boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may
annex real 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
provi~ed by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted
December 21,1993, Ord. No. 629, January 4,1994.'
4.
The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.A
The Goals of the Comprehensive Plan are set forth at rage 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
FINDINGS OF FACf AND CONCLUSIONS OF LAW. Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HILL VIEW LAND
DEVELOPMENT, LLC/ MACAILE MEADOWSSUBDMSION - (AZ-OI-OO5 )
4.4
4.5
4.6
4.7
4.B
4.9
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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.
To provide housing opportunities for all economic groups
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 of land through
the use of innovative and functional site design.
To encourage a balance ofland use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning J\rea which is visually
attractive, efficiently managed and clearly identifiable.
5.
The zonings of Medium Density Residential District (R-B) are defined in
the Zoning Ordinance at § 11-7-2 D. as follows:
(R-8) Medium Density Residential District: The purpose of the R-B District
is to permit the establishment of single- and two-family dwellings at a density not
exceeding eight (B) dwelling units per acre. This District delineates those areas
where such development has or is likely to occur in accord with the
Comprehensive Plan of the City and is also designed to permit the conversion of
large homes into two-family dwellings in well-established neighborhoods of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HILL VIEW LAND
DEVELOPMENT, LLC I MACAILE MEADOWS SUBDMSION - (AZ-OI-005 )
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comparable land use. Connection to the Municipal water and sewer systems of
the City is required.
6.
By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is not required for Applicant to construct and develop a possible
single-family residential development.
7.
Since the annexation and zoning of land is a legislative function, the City
has authority to place conditions upon the annexation of land. See Burt vs. The Citv of
Idaho 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 malce 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
talœ 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
FINDINGS OF FAcr AND CONCLUSIONS OF LAW - Page 11
AND DEOSION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HILL VIEW LAND
DEVELOPMENT, LLC/ MACAILE MEADOWS SUBDMSION - (AZ-OI-005 )
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the owner of the parcel, each subsequent owner,. and each other person acquiring
an interest in the property. A commitment is binding on the owner of the
property even if it is unrecorded; however, an unrecorded commitment is binding
on subsequent owners and each other person acquiring an interest in the property
only if the subsequent owner and each other person acquiring an interest in the
property has actual notice of the commitment.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1.
The applicant's request for annexation and zoning of approximately 2ß.59
acres to Medium Density Residential District (R-8) is granted subject to the terms and
conditions of this Order hereinafter stated.
2.
The application is for annexation and zoning of 28.59 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
. .
Corporate City Limits per Ordinance No. 686.
3.
Developer enter into a Development Agreement that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development, to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
FINDINGS OF FACf AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HILL VIEW LAND
DEVELOPMENT, LLC / MACAILE MEADOWS SUBDIVISION - (AZ-O 1-005 )
as follows:
2.
3.
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1.
Due to the shallow depth of the existing sewer near this proposed
subdivision, three sewering options exist: (1.) via a lift station, (2.) fill
the lots up to 6 or 7 feet to achieve gravity flow to the sewer stubs
northwest of the subdivision or, (3.) gravity sewer into Boise City. The
applicant proposes to sewer this subdivision with a lift station located in
a common lot near the southern boundary. The Public Works
Department has no objections to this proposal if the following
conditions are met:
a.
The existing sewer manhole(s) into which the lift station
discharges is retrofitted to protect it from hydrogen sulfide
corrosion.
b.
Provision is made for either additional emergency storage in the
wet well, or permanent backup power (generator) is incorporated
into the lift station.
Water service to this site is being proposed via extensions from existing
mains in Westdale Park subdivision to the south. Applicant shall
attempt to obtain off.site easements for additional main looping to the
north. Applicant shall be responsible to construct the water mains to
and through this proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department.
Water service to this development is contingent upon positive results
from a hydraulic analysis by our computer model. Flow and pressure
from the existing mains shall be monitored with the Meridian Water
Department. .
A Development Agreement shall be required as a condition of
annexation.
Comply with all the General Requirements listed in Staffs comments
dated April 2, 2001.
Adopt the Recommendations of the Ada County Highway District as follows:
4.
The Applicant shall comply with the requirements within the ACHD's
letter dated June 4, 2001, including the Special Recommendation to the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HILL VIEW LAND
DEVELOPMENT, LLC/ MACAILE MEADOWS SUBDMSION - (AZ-OI-00S )
'([j,--.--."'..""" '"--~.. ----.-
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City of Meridian, Site Specific Requirements and the Standard
Requirements.
Adopt the Recommendations of the Meridian Fire Department as follows:
s.
FireChief, Kenny Bowers, has concerns with only one entrance into the
subdivision from Driftwood, the Meridian Fire Department would have
to travel four miles from the closest fire station. The Meridian Fire
Department would have to travel into the Boise Fire Department's
district to reach the subdivision.
Adopt the Recommendation of the Meridian Police Department as follows:
6.
An entrance from the Meridian city limits shall be required.
Adopt the action taken at the July 3,2001 City Council meeting requiremßnt
as follows:
7.
Applicant requested development of 115 building lots and 15 other lots
for the proposed Macaile Meadows Subdivision, but presently only 60
building permits shall be obtained until access both to Cloverdale on the
northeast and Pine Avenue on the south have been made available.
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-8) Medium Density Residential District,
and Meridian City Code § 11-7-2 D.
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.
FINDINGS OF FAcr AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HILL VIEW LAND
DEVELOPMENT, LLC / MACAILE MEADOWS SUBDMSION - (AZ-O 1-005 )
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NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the annexation and zoning and who may within twenty-eight (28) days after the date
of this 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
/ #- -
7 -- day
of
¿r ttf!f
, 2001.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED $v
COUNCILMAN KEITH BIRD
VOTED~
COUNCILWOMAN TAMMY deWEERD
VOTED~
COUNCILWOMAN CHERIE McCANDLESS
VOTED ~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 7-P$-1J1
VOTED-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BY HILLVIEW LAND
DEVELOPMENT, LLC / MACAILE MEADOWS SUBDMSION - (AZ-O 1-005 )
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MOTION: ~
APPROVED:-
DISAPPROVED:-
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
Bydø...:;..Á~~ . Du'" 7-11-,7/
City Clerk ~ '(:.; /'
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z:\ W ork\M\MeridianlMeridian 15360M\Macaile Meadows V ARO !.()O7 AZO !.()O5 PPO 1'()O6'AZFf:~~~:'
FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY HILL VIEW LAND
DEVELOPMENT, LLC / MACAILE MEADOWS SUBDMSION - (AZ-O 1-005 )