Pintail Pointe Subdivision AZ 00-003
PARTIES: 1.
2,
(no Ftl í'j)'ìi\'P RECORDED- REQUEST OF
ADA COUNTY RECOR'Ð't'RI\- ¥o
J, [JIWID rlAVARRO ° U ~ C{;)
fiO:~r, IDMiO FEE_DEPUTY
2000 AP r 3 PH I: 37 31~ 0 0 a 2 8 0 4 5
DEVELOPMENT AGREEMENT
City of Meridian
Jeff Manship, Owner/Developer
THIS DEVELOP¥ENT AGREEMENT (this "Agreement"), is
made and entered into this~ day of f}pv¡1 ,2000, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereinafter called "CITY", and JEFF MANSHIP, hereinafter called
"OWNER/DEVELOPER", whose address is 4375 W. Cherry Lane, Meridian,
Idaho 83642.
1.
RECITALS:
1.1
1.2
WHEREAS, "Owner/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. §67-6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the owner or "Owner/Developer" make a
written commitment concerning the use or development of
the subject "Property"; and
1.3
WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-15-12 and 11-16-4 A,
which authorizes development agreements upon the
annexation and/or re-zoning of land; and
1.4
WHEREAS, "Owner/Developer" has submitted an
application for annexation and zoning of the "Property"s
described in Exhibit A, and has requested a designation of
Low Density Residential IR-4), (11-7-2 C Meridian City
Code); and
DEVELOPMENT AGREEMENT - (Jeff Manship/Pintail Point Sub AZ-OO-OO3) - Page 1 of 15
1.5
1.6
1.7
1.8
1.9
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 ~If,! day of Y"nMc4 2000,
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/Developer" enter into a development agreement
before the City Council takes final action on annexation
and zoning designation; and
"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
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 - (Jeff Manship/Pintail Point Sub AZ-OO-OO3) 0 - Page 2 of 15
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 Ordinance codified in Title II and Title 12,
Meridian City Code.
NOW, THEREFORE, in consideration ofthe 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
3.4
"CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642,
"DEVELOPER": means and refers to Jeff Manship, whose
address is 4375 W. Cherry Lane, Meridian, Idaho 83642,
the party developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
"OWNER": means and refers to Jeff Manship, whose
address is 4375 W, Cherry Lane, Meridian, Idaho 83642,
the party who is the owner of said "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
DEVELOPMENT AGREEMENT - (Jeff Manship/Pintail Point Sub AZ-OO-OO3) - Page 3 of 15
by this reference incorporated herein as if set forth at
length,
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
The uses and development allowed pursuant to this
Agreement of the subject property shall be subject to and
pursuant to those uses allowed under "City"'s Zoning
Ordinance R-4 Low Density Residential District codified at
Section 11-7-2 C. Meridian City Code which are herein
specified as follows:
(R-4) Low Density Residential District: Only single-
family dwellings shall be permitted and no conditional uses
shall be permitted except for Planned Residential
Development and public schools. The purpose of the (R-
4) District is to permit the establishment of low density
single-family dwellings, and to delineate those areas where
predominately residential development has, or is likely to
occur in accord with the Comprehensive Plan of the City,
and to protect the integrity of residential areas by
prohibiting the intrusion of incompatible non-residential
uses. The (R-4) District allows for a maximum of four (4)
dwelling units per acre and requires connection to the
Municipal Water and Sewer systems of the City of
Meridian.
To develop a single1amf(y residential development.
4.2
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
5A
"Owner/Developer" shall develop the "Property" in
accordance with the following special conditions:
DEVELOPMENT AGREEMENT - (JeffManship/Pintail Point Sub AZ-OO-OO3) - Page 4 of 15
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
Any existing irrigation/drainage ditches crossing the
property to be included in this project, shall be tiled per
City Ordinance. The ditches to be piped should be shown
on the site plans. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval
submitted to the Public Works Department. No variances
have been requested for tiling of any ditches crossing this
project.
Any existing domestic wells and/or septic systems within
this project will have to be removed from their domestic
service per City Ordinance, Wells may be used for non-
domestic purposes such as landscape irrigation.
Subdivision identification signage shall be in accordance
with the standards set forth in the City of Meridian
Zoning and Development Ordinance. No temporary
signage, flags, banners or flashing signs will be permitted.
Provide five-foot-wide sidewalks in accordance with City
Ordinance.
A minimum 20-foot landscape buffer is required along the
north property boundary of site and shall be a condition
attached to this property in the Development Agreement.
Applicant shall be required to dedicate all right-of-way
along Cherry Lane as required by ACHD prior to the
issuance of any building permits.
The Applicant's central sewage and central water plans
must be 5submitted to and approved by the Idaho
Department of Health & Welfare, Division of
Environmental Quality.
Run-off is not to create a mosquito breeding problem.
DEVELOPMENT AGREEMENT - (Jeff Manship/Pintail Point Sub AZ-OO-OO3) - Page 5 of 15
5.9
Stormwater shall be pretreated through a grassy swale prior
to discharge to the subsurface to prevent impact to
groundwater and surface water quality.
5.10 The Engineers and architects involved with the design of
the subject project shall obtain current best management
practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface
water degradation,
5.11 Pintail Point shall participate in the cost of construction of
the lift station and pressure sewer line to be built and
located within the English Gardens Subdivision.
5.12 Pintail Point shall participate in and utilize the pressure
irrigation system proposed for English Gardens.
5.13 Pintail Point shall be a part of the Homeowners
Association for English Gardens, and shall be subject to the
same CCR's as English Gardens.
5.14 Pintail Point shall create a landscaped lot adjacent to the
proposed landscape lot abutting Cherry Lane, which shall
be a part of the common ground deeded to the
Homeowners Association.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Owner/Developer" or
"Owner/Developer"'s heirs, successors, assigns, to comply with Section 5
entitled "Conditions Governing Development of subject "Property" of this
agreement within two (2) years of the date this Agreement is effective, and
after the "City" has complied with the notice and hearing procedures as
outlined in I.c. § 67-6509, or any subsequent amendments or recodifications
thereof.
DEVELOPMENT AGREEMENT - (JeffManship/Pintail Point Sub AZ-OO-OO3) - Page 6 of 15
7. 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:
7.1
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.
8. 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.
9.
DEFAULT:
9.1
9.2
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.
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.
DEVELOPMENT AGREEMENT - (Jeff Manship/Pintail Point Sub AZ-OO-OO3). - Page 7 of 15
10. 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.
II. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "OwnerJDeveloper", or by any
successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
12.1 In the event of a material breach ofthis 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.
12.2 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
DEVELOPMENT AGREEMENT - (Jeff Manship/Pintail Point Sub AZ-OO-OO3) - Page 8 of 15
reasonable control of the party responsible for such
performance, which shall include, without limitation, acts
of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time
of such delay.
13. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under §12-5-3 of the Meridian City Code, to
insure that installation of the improvements, which the "Owner/Developer"
agrees to provide, if required by the "City".
14. 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".
15. 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.
16. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
DEVELOPER:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Jeff Manship
4375 W. Cherry Lane
Meridian, Idaho 83642
DEVELOPMENT AGREEMENT - (Jeff Manship/Pintail Point Sub AZ-OO-OO3) - Page 9 of 15
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
16.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
17. ATTORNEY FEES: 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.
18. 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.
19. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner ofthe "Property", each subsequent owner and any other person
acquiring an interest in the "Property", Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both 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
DEVELOPMENT AGREEMENT - (Jeff Manship/Pintail Point Sub AZ-OO-OO3) - Page 10 of 15
discretion, had determined that "Owner/Developer" has fully performed its
obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein,
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between
"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",
21.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the "City" has
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "Property" and execution of the Mayor and City ClerIc
DEVELOPMENT AGREEMENT - (Jeff Manship/Pintail Point Sub AZ-OO-OO3) - Page II of 15
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNER/DEVELOPER:
BY~
Jef nshi.
CITY OF MERIDIAN
Attest:
Byß¿¿¿. ~
eft¡ CoMu:;,e I'ra/dbd l!unJe/ k. 8i)'~
ó~ß/4 ,$2-
CITY CLERK
BY RESOLUTION NO, Jib
DEVELOPMENT AGREEMENT - (Jeff Manship/Pintail Point Sub AZ-OO-OO3) - Page 12 of 15
STATE OF IDAHO
:ss
COUNTY OF ADA
On this Z7tfay of '--J'¡/¡ M d... , in the year 2000, before
me, a Notary Public, personally appeared Jeff Manship, known or identified to me
to be the person X"ùQ&6ecuted th~ instrument and acknowledged to me that he
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STATE OF IDAHO
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Notary Public for Idaho, I
Commission expires: 1!Zß/Zc::r:;xr
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County of Ada )
On this~ day of ßrrr/ ( , in the year 2000,
~cL r-, !3/ytJ...
before me, a Notary Public, personally appeared It D. CelTic 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 aclmowledged to me that such City
executed the same.
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DEVELOPMENT AGREEMENT - (JeffManship/Pintail Point Sub AZ-OO-O03) - Page 13 of 15
EXHIBIT A
Legal Description Of Property
A parceI of land being a portion of the NE I/4 NW I/4 of
Section 10, T.3N., R I W., B.M" Ada County, Idaho, said
parcel being more particularly described as follows:
Commencing at the Brass Cap marking the comer common
to Sections 4,3,10, and 9, T.3N" RIW" B.M" Ada County,
Idaho; thence, S, 89°40'23" E" 1322,58 feet to a 5/8" iron pin
marking the West 1/16 corner common to said Sections 3
and 10; thence, S, 89°40'23" E, LI 1 feet along the line
common to said Sections 3 and 10, which is also the
centerline of Cherry Lane to the point of beginning;
Thence continuing along said lines, S, 89°40'23" E, 203.46
feet;
Thence, S, 00°06'09" E, 396.29 feet;
Thence, S, 89°4I'01" E, I24,00 feet;
Thence, S, 00°06'09" E, 266.34 feet;
Thence, S, 89°40'19" E, 4.00 feet;
Thence, S, 00°39'41" W. 3.53 feet;
Thence, N, 89°40'23" W, 332.75 feet;
Thence, N, 0000I'16" E. 666,09 feet to the point of
beginning, said parcel containing 3,89 acres,
DEVELOPMENT AGREEMENT - (Jeff Manship/Pintail Point Sub AZ-OO-OO3) - Page 14 of 15
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - (JeffManship/Pintail Point Sub AZ-OO-OO3) - Page 15 of 15
03-08-00
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF JEFF
MANSHIP, THE APPLICATION
FOR ANNEXATION AND
ZONING OF 3,68 ACRES FOR
PINTAIL POINTE
SUBDIVISION, LOCATED ON
THE SOUTH SIDE OF CHERRY
LANE EAST OF BLACK CAT
ROAD, MERIDIAN, IDAHO
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Case No. AZ-OO-003
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 February 15, 2000, at the hour of 7:30 p.m., and Shari Stiles,
Planning and Zoning Administrator, and Gary Smith, Public Works, appeared and
testified, and the Applicant, Jeff Manship, appeared and testified, and appearing and
testifying with comments or concerns were: Bob Unger of Pinnacle Engineers, Inc.
who represents Paul Edminister who is Projects West who is the Developer of English
Gardens Subdivision which is the development directly to the west of this project,
and George Davis, and the matter being continued until March 7, 2000, and Brad
Hawkins-Clark, Planning and Zoning Assistant Planner, appeared and testified, and
no one appeared and testified in opposition, and the City Council having duly
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBYJEFF MANSHIP (AZ-00-003)
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 February 15, 2000, and continued until March 7, 2000, 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 February 15, 2000, and continued until March 7, 2000, 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY JEFF MANSHIP (AZ-00-003)
3.
The City Council talces judicial notice of its zoning, subdivisions and
development ordinances codified at Titles II 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 to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full. The property is approximately 3.68 acres in size and is located on
the south side of Cherry Lane east of Black Cat Road. The property is designated as
Pintail Pointe Subdivision.
5.
The owner ofrecord of the subject property is the Jeff Manship, of 4375
W. Cherry Lane, Meridian, Idaho,
6.
Applicant is the owner of record.
7.
The property is presently zoned by Ada County as Rl, and consists of
rural residential.
8.
The Applicant requests the property be zoned as Low Density
Residential (R-4).
9.
The subject property is bordered to the north by residential
development and city limits of the City of Meridian are adjacent and abut to the
north and west of the subject property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY JEFF MANSHIP (AZ-OO-O03)
10.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
11.
The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
12.
The Applicant proposes to develop the subject property in the following
manner: single family residential development.
13.
The Applicant requests zoning of the subject real property as Low
Density Residential (R-4) which is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Existing Urban.
14.
There are no significant or scenic features of major importance that
affect the consideration of this application.
IS.
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 staff as follows:
15,1 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance. The ditches
to be piped should be shown on the site plans. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY JEFF MANSHIP (AZ-00-003)
association, with written confirmation of said approval submitted to the
Public Works Department. No variances have been requested for tiling
of any ditches crossing this project.
15.2 Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance.
Wells may be used for non-domestic purposes such as landscape
irrigation.
15.3 Subdivision identification signage shall be in accordance with the
standards set forth in the City of Meridian Zoning and Development
Ordinance. No temporary signage, flags, banners or flashing signs will be
permitted.
15.4 Provide five-foot-wide sidewalks in accordance with City Ordinance.
15.5 A minimum 20-foot landscape buffer is required along the north
property boundary of site and shall be a condition attached to this
property in the Development Agreement,
15,6 Applicant shall be required to dedicate all right-of-way along Cherry
Lane as required by ACHD prior to the issuance of any building
permits.
15.7 A Development Agreement will be required as a condition of
annexation.
Adopt the Recommendations of the Central District Health Department as follows:
15.8 The Applicant's central sewage and central water plans must be
5submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
15.9 Run-off is not to create a mosquito breeding problem.
15.10 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
15,1l The Engineers and architects involved with the design of the subject
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY JEFF MANSHIP (AZ-00-003)
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
Additional conditions:
lS.12 Pintail Pointe shall participate in the cost of construction of the lift
station and pressure sewer line to be built and located within the
English Gardens Subdivision.
15.13 Pintail Pointe shall participate in and utilize the pressure irrigation
system proposed for English Gardens.
IS .14 Pintail Pointe shall be a part of the Homeowners Association for
English Gardens, and shall be subject to the same CCR's as English
Gardens.
lS.lS Pintail Pointe shall create a landscaped lot adjacent to the proposed
landscape lot abutting Cherry Lane, which shall be a part of the
common ground deeded to the Homeowners Association.
16.
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. IS, 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.
17.
It is also found that the development considerations as referenced in
Finding No. IS are reasonable to require and must be taken into account, in order to
assure the proposed development is designed, constructed, operated and maintained
in a manner which is harmonious and appropriate in appearance with the existing, or
intended character of the general vicinity, in order to assure that the proposed use
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY JEFF MANSHIP (AZ-00-003)
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.
18.
It is found that the zoning of the subject real property as (R-4) Low
Density Residential District allows only single-family dwellings with a maximum of
four (4) dwelling units per acre and 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 MeridianComprehensive Plan
Generalized Land Use Map which designates the subject property as Low Density
Single Family and Rural Residential Housing.
19.
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:
19.1 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 ordinances of the City to all applications such as the
subject application.
19,2 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BYJEFF MANSHIP (AZ-OO-O03)
matter.
19.3 The application is consistent with Meridian's self identity.
19.4 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 ordinances of the City to the
subject application.
19.5 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,
19.6 Compatible and efficient use ofland through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
20.
The property can be physically serviced with City water and sewer, if
applicant extends the lines.
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
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY JEFF MANSHIP (AZ-00-003)
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 "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord. No. 629, January 4, 1994.
4.
The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.A
The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1
4,2
4.3
4.4
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.
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,
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.
To provide housing opportunities for all economic groups
within the community,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY JEFF MANSHIP (AZ-00-003)
4.5
4,6
4.7
4,8
4.9
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 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.
4.B
Comprehensive Plan Policies:
The subject property is located in an area designated as Existing Urban in the
Meridian Comprehensive Plan. It is within the Meridian Urban Service
Planning Area. The current Plan does not contain goals or policies specific to
the Existing Urban land use designation. The policies listed below are general
in nature and apply to all development, regardless of the Land Use Map
designation:
Population Chapter
Policies 1.3, 1.4
Economic Development Chapter
Policies 3.1U, 3.2U
Land Use Chapter
Policies 2.1U, 2.2U, 2.3U, 2.4U, 2.5U
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY JEFF MANSHIP (AZ-00-003)
Open Space. Parks & Recreation
Policy 3.1
Housing Chapter
Policies 1.3, 1.4, 1.7, U2., 1.13U
Community Design Chapter
Policies 1.4, 2.3U
5.
The requested zoning of Low Density Residential District, (R-4) is
defined in the Zoning Ordinance at 11-7-2 C as follows:
(R-4) Low Density Residential District: Only single-family dwellings shall
be permitted and no conditional uses shall be permitted except for planned
residential development and public schools, The purpose of the R-4 District is
to permit the establishment of low density single-family dwellings, and to
delineate those areas where predominantly residential development has, or is
likely to occur in accord with the Comprehensive Plan of the City, and to
protect the integrity of residential areas by prohibiting the intrusion of
incompatible nonresidential uses. The R-4 District allows for a maximum of
four (4) dwelling units per acre and requires connection to the Municipal
water and sewer systems of the City,
6.
By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is not required for Applicant to construct and develop single-
family dwelling units on this parcel of land.
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
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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY JEFF MANSHIP (AZ-00-003)
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 Ordinance 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 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 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
3,68 acres to Low Density Residential District (R-4) is granted subject to the terms
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY JEFF MANSHIP (AZ-00-003)
and conditions of this Order hereinafter stated.
2.
The application is for annexation and zoning of 3.68 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.
That the annexation and zoning of the subject property is subject to the
following conditions which shall govern Administrative Staff review and approval of
development permits required for the development of this property, as follows:
3.1
3.2
3.3
3.4
3.5
Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance. The ditches
to be piped should be shown on the site plans. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the
Public Works Department. No variances have been requested for tiling
of any ditches crossing this project.
Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance.
Wells may be used for non-domestic purposes such as landscape
irrigation.
Subdivision identification signage shall be in accordance with the
standards set forth in the City of Meridian Zoning and Development
Ordinance. No temporary signage, flags, banners or flashing signs will be
permitted.
Provide five-foot-wide sidewallcs in accordance with City Ordinance.
A minimum 20-foot landscape buffer is required along the north
property boundary of site and shall be a condition attached to this
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY JEFF MANSHIP (AZ-00-003)
3.6
3.7
3.8
3.9
property in the Development Agreement.
Applicant shall be required to dedicate all right-of-way along Cherry
Lane as required by ACHD prior to the issuance of any building
permits.
A Development Agreement will be required as a condition of
annexation,
The Applicant's central sewage and central water plans must be
5submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
Run-off is not to create a mosquito breeding problem.
3,10 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality,
3.11 The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
3.12 Pintail Pointe shall participate in the cost of construction of the lift
station and pressure sewer line to be built and located within the
English Gardens Subdivision.
3.13 Pintail Pointe shall participate in and utilize the pressure irrigation
system proposed for English Gardens,
3, 14 Pintail Pointe shall be a part of the Homeowners Association for
English Gardens, and shall be subject to the same CCR's as English
Gardens.
3.15 Pintail Pointe shall create a landscaped lot adjacent to the proposed
landscape lot abutting Cherry Lane, which shall be a part of the
common ground deeded to the Homeowners Association.
The City Attorney shall prepare for consideration by the City Council
4.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY JEFF MANSHIP (AZ-OO-O03)
the appropriate ordinance for the annexation and zoning designation of the real
property which is the subject of the application to (R-4) Low Density Residential
District, Meridian City Code § 11-7-2 C.
5,
Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided
in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation
and zoning ordinance,
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who may within twenty-eight (28) days
after the date of this 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
2{f'þ
day of
/12~
,2000.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY JEFF MANSHIP (AZ-OO-O03)
COUNCILMAN KEITH BIRD
VOTED $CA.-.
COUNCILMAN TAMMY deWEERD
VOTED $«-
COUNCILMAN CHERIE McCANDLESS
VOTED ~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 3-2/-00
VOTED
MOTION:
APPROVEIFJ? ,Q- DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
BY.~ Þ ~ 9..
City Clerk v
Dated:
J - 2-1---00
msgiZ\Worlc\M\Meridian I 5360M\PintaiI Subd\AZFfCIsOrder
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BYJEFF MANSHIP (AZ-00-003)