Oliason Park Subdivision
ADA .. . \ ~\i\v RECORDEm- EST F
'" COUNTY RECO ~.
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THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made
and entered into this ~ day of ~~ . , 199i.., by and
between CITY OF MERIDIAN, a municipal corp atlon of the State of Idaho,
hereafter called "CITY", and THE VIRGINIA JENNISON FAMILY TRUST
BY THEIR DULY AUTHORIZED AGENT, TONY HICKEY, hereinafter
called "DEVELOPER", whose address is 2090 S. Cole Road. Boise. Idaho
83709.
1.
RECITALS:
u
1.2
1.3
1.4
WHEREAS, 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. §67-65IlA, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the owner or developer make a written commitment
concerning the use or development of the subject property; and
WHEREAS, CITY has exercised its statutory authority by the
enactment of Ordinance 11-2-416L and 11-2-417D, which
authorizes development agreements upon the annexation and/or
re-zoning of land; and
WHEREAS, DEVELOPER has submitted an application for
annexation and zoning of the Property's described in Exhibit A,
and requested a designation of Medium Density Residential
District (R-8) , 11-2-408 (B) (4) (Municipal Code of the City of
Meridian), with a conditional use permit and has submitted a site
plan in connection with the development of the property, which
site plan is subject to specified terms and conditions, has been
recommended for approval by the Meridian Planning & Zoning
Commission to the Meridian City Council; and
1.5
WHEREAS, DEVELOPER made representations at the public
hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
DEVELOPMENT AGREEMENT
OLIASON PARK SUBDIVISION
PAGE
1.6
1.7
1.8
subject Property will be developed and what improvements will
be made; and
WHEREAS, record of the proceedings request for 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 5th day of January, 1999, has
approved certain Findings of Fact and Conclusions of Law and
Order of Decision Granting Variance, set forth in Exhibit B,
which are attached hereto and by this reference incorporated as if
set forth in full, hereinafter referred to as (the "Findings"); and
WHEREAS, the "Findings" require the DEVELOPER enter into a
development agreement before the City Council takes final action
on annexation and zoning designation; and
1.9
WHEREAS, 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
UO WHEREAS, CITY requires the DEVELOPER to enter into a
development agreement for the purpose 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 been established as a result of
evidence received by the City in the proceedings for annexation
and zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to ensure annexation and zoning designation
is in accordance with the Comprehensive Plan of the City of
Meridian adopted December 21,1993, Ordinance #629, January
4, 1994, and the Zoning and Development Ordinance codified in
Title 11, Municipal Code of the City of Meridian.
DEVELOPMENT AGREEMENT
OLIASON PARK SUBDIVISION
PAGE
2
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.
USES PERMITTED BY THIS AGREEMENT:
3.1
The uses allowed pursuant to this Agreement are those
uses allowed under CITY's Zoning Ordinance Medium
Density Residential District (R-B) codified at section 11-2-
408 (11) Municipal Code of the City of Meridian.
3.2
DEVELOPER agrees that this Agreement specifically
allows only the uses and/or conditional uses described in
the above referenced Zoning Ordinance on the date thereof
and which uses are specifically incorporated herein.
3.3
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
4. CONDITIONS GOVERNING DEVELOPMENT OF SUBTECT
PROPERTY:
4.1
DEVELOPER shall develop subject Property including the
obtainance of the appropriate permits and compliance with CITY
ordinances regarding the building permits and other life safety
codes applicable to such development in accordance with the
following special conditions:
DEVELOPMENT AGREEMENT
OLIASON PARK SUBDIVISION
PAGE
4.1.1 Any existing irrigation/drainage ditches crossing the
property to be included in this project, shall be tiled per
City Ordinance 11-9-605M, 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.
4.1.2 Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service per
City Ordinance Section 5-7-517. Wells may be used for non-
domestic purposes such as landscape irrigation.
4.1.3 Provide 5' wide sidewalks in accordance with City Ordinance
Section 11-9-606B.
4.1.4 Submit letter from the Ada County Street Name
Committee, approving the subdivision and street
names. Malœ any corrections necessary to conform.
4.1.5 Coordinate fire hydrant placement with the City of
Meridian's Public Works Department.
4.1.6 Indicate on the final plat map any FEMA Flood Plains
affecting the area being platted, and detail plans for
reducing or eliminating the boundary.
4.1.7 Sanitary Sewer service to this site will be via and extension
from the existing trunk main that traverses along Five Mile
Creek. Applicant will be responsible to construct the sewer
mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing
with the Public Works Department. Sewer manholes are
to be provided to keep the sewer lines on the south and
west sides of the centerline, Applicant proposes extending
a private sewer main into the project in a dedicated
easement. The City of Meridian will not own or maintain
this line from the manhole in Idaho Street north.
4.1.8 Water service to this site will be via extensions of existing
mains installed in adjacent developments. Applicant will be
responsible to construct the water mains to and through this
proposed development. Subdivision designer to coordinate
DEVELOPMENT AGREEMENT
OLIASON PARK SUBDIVISION
PAGE
4
main sizing and routing with the Public Works Department.
4.1.9 The temporary turnaround shall be constructed to ACHD
design criteria, including, but not limited to HS25 loading
requirements for pavement design. Subdivision designer can
contact Bruce Frecl<leton in the Public Works Department for
geometric requirements.
4.1.10 The preliminary plat indicates several open ditches within or
adjacent to the subdivision boundary, however no existing
ditch easements are shown, Show any existing easements of
record.
4.1.11 Developer shall be responsible for payment of assessments,
and the actual physical connection to the municipal sewer and
water system, of the existing home located on Lot 1, Block 1.
Fees are to be paid prior to signature of City Engineer on the
final plat.
4.1.12 Applicant has to indicate whether the pressurized irrigation
system within this development is to be owned and
maintained by the homeowners association or the Nampa &
Meridian Irrigation District. If the system is to remain a
private homeowners association system, plans and
specifications shall be reviewed by the Public Works
Department as part of the development plan review process.
A draft copy of the pressurized irrigation system 0 & M
manual must be submitted prior to plan approval. The City
of Meridian requires that pressurized irrigation systems be
supplied by a year round source of water. If a creek or well
source is not available, a single point connection to the
culinary water system shall be required. If a single point
connection is utilized, the developer shall be responsible for
the payment of assessments for the common areas prior to
signature on the final plat by the Meridian City Engineer.
4.1.13 Submit a master street drainage plan for the project, including
method of disposal and approval from any affected drainage
district.
4.1.14 The Applicant shall provide information sufficient to
determine the highest normal ground water elevation
DEVELOPMENT AGREEMENT
OLIASON PARK SUBDIVISION
PAGE
(sustained), that could be expected on the project site.
4.1.15Roadway and roadway approaches to be approved by the
ACHD.
4.1.16 100 watt high pressure sodium street lights will be required at
locations designated by the Public Works Department. All
street lights shall be installed, at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants.
4.1.17 Due to the fact that this subdivision is on a collector street
that is expected to carry high volumes, a 20-foot-wide
planting strip is required. The planting strip should be
extended across Lot 1, Block 1, with a consistent plan,
which will be reviewed for approval prior to signature on
the final plat. Setbacks for the lots that have not been
built on should be determined from the landscape setback
line.
4.1.18 The minimum residential house size is 1301 feet, exclusive
of garages, as determined by the Uniform Building Code.
Entrance or porch areas, breezeways, or patios may not be
included as part of the square footage. Revise covenants to
comply with City Ordinance.
4.1.19 Application for variance from the minimum frontage
requirement of 65 feet must be approved.
4.1.20Applicant prepare the legal description for the annexation
included in the application with legal description and
submit an annexation permit or legal description for the
proposed site as set forth hereinabove.
4.1.21 The Central District Health Department will approve this
project with written approval from the appropriate entities
submitted in regards to the central sewage and central
water. Plans for the central sewage and central water must
be submitted to and approved by the Idaho Department of
Health & Welfare, Division of Environmental Quality.
DEVELOPMENT AGREEMENT
OLIASON PARK SUBDIVISION
PAGE
6
5.
INSPECTION: DEVELOPER shall, immediately upon completion of
any portion or the entirety of said development of the Property, 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.
6.
COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the
zoning designation reversed, upon failure of DEVELOPER or
DEVELOPER's heirs, successors, assigns, to comply with the
commitments contained herein within two (2) years, and after
complying with the notice and hearing procedures as outlined in § 67-
6509, Idaho Code, or any subsequent amendments or recodifications
thereof. Provided, however, no such consent to rezone shall occur
unless CITY provides written notice of any failure to comply with this
Agreement to DEVELOPER and DEVELOPER fails to cure such failure
within six (6) months of such notice. The two (2) year period of time
for compliance may be extended by CITY for just calise and upon
notification for such by DEVELOPER, and after complying with the
notice and hearing procedures as outlined in § 67-6509, Idaho Code, or
any subsequent amendments or recodifications thereof.
7.
REOUlREMENT FOR RECORDATION: CITY shall record either a
memorandum of this Agreement or this Agreement, including all of the
Exhibits, at DEVELOPER'S cost, and submit proof of such recording to
DEVELOPER, prior to the third reading of the Meridian Zoning
Ordinance in connection with the annexation and zoning of the
Property by the City Council. If for any reason after such recordation,
the City Council fails to adopt the ordinance in connection with the
annexation and zoning of the Property contemplated hereby, the CITY
shall execute and record an appropriate instrument of release of this
Agreement.
8.
ZONING: CITY shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the Property as
specified herein.
DEVELOPMENT AGREEMENT
OLIASON PARK SUBDIVISION
PAGE
9.
DEFAULT
9,1
9.2
In the event DEVELOPER, DEVELOPER's heirs, successors,
assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property, fail to faithfully comply
with all of the terms and conditions included in this Agreement
in connections 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 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.
REMEDIES. This Agreement shall be enforceable in any court of
competent jurisdiction by either CITY or DEVELOPER, or by any
successor or successors in title 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.
10.
10.1 In the event of a material breach of this Agreement, the parties
agree that CITY and DEVELOPER shall have thirty (30) days
after delivery of notice of said breach to correct the same prior to
the non-breaching party's seeking of any remedy provided for
herein; provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall prosecute
the curing of same with diligence and continuity, then the time
within such failure may be cured shall be extended for such
period as may be necessary to complete the curing of the same
with diligence and continuity.
10.2 In the event the performance of any covenant to be performed
hereunder by either DEVELOPER or CITY is delayed for causes
which are beyond the reasonable control ofthe party responsible
for such performance, which shall include, without limitation,
acts of civil disobedience, strikes or similar causes, the time for
DEVELOPMENT AGREEMENT
OLIASON PARK SUBDIVISION
PAGE
11.
12.
13.
such performance shall be extended by the amount of time of
such delay.
SURETY OF PERFORMANCE: The CITY may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under 11-9-606 C of the Revised and
Compiled Ordinances of the CITY of Meridian, to insure that
installation of the improvements, and the DEVELOPER agrees to
provide such, if required by the CITY.
CERTIFICATE OF OCCUPANCY: That DEVELOPER agrees that no
Certificates of Occupancy will be issued until all improvements are
completed, unless the CITY and DEVELOPER have entered into an
addendum agreement stating when the improvements will be completed
in a phased developed; in any event, no Certificate of Occupancy shall
be issued in any phase in which the improvements have not been
installed, completed, and accepted by the CITY.
ABIDE BY ALL CITY ORDINANCES: That DEVELOPER agrees to
abide by all ordinances of the CITY of Meridian and the property shall
be subject to de-annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of
Fact and Conclusions of Law, this Development Agreement, and the
Ordinances of the City of Meridian.
14.
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 City
33 E. Idaho Ave.
Meridian, ID 83642
Virginia Jennison Family Trust
do Tony Hiclœy, Agent for said Trust
2090 S. Cole Road
Boise, Idaho 83709
DEVELOPMENT AGREEMENT
OLIASON PARK SUBDIVISION
PAGE
9
15.
16.
17.
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
14.1 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.
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.
Time is of the Essence: The parties hereto aclmowledge 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.
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 each other person acquiring
an interest in the Property. Nothing herein shall in any way prevent
sale or alienation of the Property, or portions thereof, except that any
sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefited and bound by the
conditions and restrictions herein expressed. CITY agrees, upon written
request of DEVELOPER, to execute appropriate and recordable
evidence of termination of this Agreement if CITY, in its sole and
reasonable discretion, had determined that DEVELOPER has fully
performed its obligations under this Agreement.
PAGE
DEVELOPMENT AGREEMENT
OLIASON PARK SUBDIVISION
10
18.
19.
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 therefrom and the invalidity thereof shall not affect any of
the other provisions contained herein, except that if an provision of this
Agreement is held not valid which DEVELOPER's development of the
Property, DEVELOPER may, at its sole discretion, declare this entire
Agreement null and void of no force and effect and thereby relieve all
parties from any obligations hereunder.
Final Agreement. This Agreement sets forth all promises, inducements,
agreements, condition and understandings between DEVELOPER and
CITY relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express
or implied, between DEVELOPER and CITY, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration,
amendment, 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.
19.1 No condition herein provided can be modified or amended in
connection other than as provided for herein and after public
hearing by the City Council, in accordance with the notice
provisions provided for zoning designation or amendment under
enforcement at the time.
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.
PAGE
II
DEVELOPMENT AGREEMENT
OLIASONPARK SUBDNISION
ACKNOWLEDGEMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
Attest:
VIRGINIA JENNISON FAMILY TRUST
BY RESOLUTION NO.
CITY OF MERIDIAN
DEVELOPMENT AGREEMENT
OLIASON PARK SUBDIVISION
PAGE
~
12
STATE OF IDAHO)
:ss
COUNTY OF ADA)
-'1 ':\o..~!. \"""
On this~ day of Nehé:1HL..., , in the year~, before me,
~n..,^""- Cd... ~lI'\e"" , a Notary Public, personally appeared Tony Hickey,
duly authorized agent for the Virginia Jennison Family Trust, lmown or identified
to me to be the~r;.ud ~ of said Virginia Jennison Family Trust, and
also who executed the instrum t or the person that executed the instrument on
beh~lfQf!s~q'Yirginia Jennison Family Trust, and acknowledge to me having
:. ""'lédthe3same.
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STATE OF IDAHO)
:ss
County of Ada)
On this ~ day of (\" fl. , in the year 199} before
me, Ar-,~ ~- Xo~ary 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 aclmowledged to
me that such City executed the same.
~~~~7~~'"
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msg\D:\MyFiles\Meridian City FilelAgreement\OLIASON PARK SUB DEVELOPMENT AGREEMENT,GIGRAYdoc
DEVELOPMENT AGREEMENT
OLIASON PARK SUBDIVISION
PAGE
13
EXHIBIT A
Legal Description Of Property
DEVELOPMENT AGREEMENT
OLIASON PARK SUBDIVISION
PAGE
14
PROPERTY DESCRIPTION FOR
OLlASON PARK SUBDIVISION ANNEXATION
A parcel ofland being the west 333.50 feet of Lot 1, Onwiler Subdivision, lying in the
NW y. SE Y. of Section 7, T.3N., R.IE" B.M., Ada County, Idaho, said parcel being
more particularly described as follows:
Commencing at the Brass Cap marking the Y. comer common to Sections 7 and 8, T.3N.,
R.1E., B.M., Ada County, Idaho; thence, S,89°00'00"W. 2647.59 feet along the north
line of said SE Y. to an iron pin marking the Center Y. comer of said Section 7 and the
Northwest comer of Lot 1, Onwiler Subdivision, records of the Ada County Recorder,
Boise, Idaho, said point being the REAL POINT OF BEGINNING;
Thence along the north line of said Lot 1, N,89°00'OO"E. 333.50 feet;
Thence, S.00oOO'26"E. 398.46 feet to the south line of said Lot 1;
Thence, N.90o00'OO' 'W. 333.50 feet to the Southwest corner of said Lot 1;
Thence, N,OOoOO'OO"E. 392.64 feet to the REAL POINT OF BEGINNING, said parcel
containing 3.03 acres.
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT
OLIASON PARK SUBDIVISION
PAGE
15
BEFORE THE MERIDIAN CI1Y COUNCIL
IN THE MATTER OF THE
APPLICATION OF THE VIRGINIA
JENNISON FAMILY TRUST BY
THEIR DULY AUTHORIZED
AGENT, TONY HICKEY, EAST OF
603 PINE, FOR ANNEXATION
AND ZONING OF 2,84 ACRES
FOR PROPOSED OLIASON PARK
SUBDIVISION, MERIDIAN,
IDAHO
)
)
)
)
)
)
)
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING ANNEXATION AND
ZONING APPLICATION
SUBJECT TO CONDITIONS
This matter cOming on regularly for public hearing before the City Council
00 ilie 15" d'Y of 0,"""""'. 1998, "'" J;m Ho","d of).J. How,ro Eoøo"ring h'~og
appeared and testified in favor of the application and no one appearing in Opposition and
<h, Ci<y Council h'Ving œcciv<d <h, """'"",,on, ""d <h, œoo'd ","" b""œ tl" P¡'nrung
and Zoning Commission, and being fully advised in the premises the Council finds and
concludes as follows:
1.
FINDINGS OF FACT
A notice of a public hearing on the annexation and zoning was published
fonwo (2) consecutive weeks prior to the said public hearing scheduled for December
15,1998, before the City Council, the first publication appearing and written notice
having been mailed to property owners or purchasers of record wÙhin three hundred
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
ANNEXA nON AND ZONING APPLlCA TION
SUBJECT TO CONDITIONS
VIRGINIA JENNISON F AMIL Y TRUST I
TONY HICKEY DUL Y AUTHORIZED AGENT - I
(300') feet of the external boundaries of the property under consideration more than
fifteen (15) days prior to said hearing and with the notice of public hearing having been
posted upon the property under consideration more than one week before said hearing;
and that copies of all notices were made available to newspaper, radio and television
stations as public service announcements; and the matter having been duly considered
by the City Council at the December 15, 1998, 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 §§1l-2-416 and 11-2-417 of the
Municipal Code of the City of Meridian as evidenced by the Affidavit of Mailing, and
the Affidavit of Publication and Proof of Posting filed with the staff report.
3.
The City Council adopts as its Findings of Fact those Findings of Fact
numbers 1 through 26 of the Findings of Fact and Conclusions of Law and
Recommendation to City Council made in the above entitled matterby the Planning
and Zoning Commission which are incorporated herein by reference as if set forth at
length.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
ANNEXATION AND ZONING APPLICATION
SUBJECT TO CONDITIONS
VIRGINIA JENNISON F AMIL Y TRUST I
TONY HICKEY DULY AUTHORIZED AGENT - 2
4.
The City Council adopts as a Finding of Fact, Conclusion of Law no. 6 of
the Findings of Fact and Conclusions of Law and Recommendations to City Council
made in the above entitled matter by the Planning and Zoning Commission which is
incorporated herein by reference as if set forth at length.
CONCLUSIONS OF LAW
1.
The City Council adopts as its Conclusions of Law those Conclusions of
Law numbers 1 through 5 and 7 through 17 as are set forth in the Findings of Fact
and Conclusions of Law and Recommendation to City Council made in the above
entitled matter by the Planning and Zoning Commission which are incorporated
herein by reference as if set forth at length,
2.
Idaho Code § 67-6511 provides in part that: The zoning districts shall
be in accordance with the adopted plan; and that particular consideration shall be
given to the effects of any proposed zone change upon the delivery of services by any
political subdivision providing public services, including school districts, within the
planning jurisdiction of the City of Meridian.
3.
Idaho Code § 67-65Il(d) provides that in the event the City Council
adopts a zoning classification pursuant to the request of the applicant based upon a
valid, existing Comprehensive Plan and Zoning Ordinance of the City, the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
ANNEXATION AND ZONING APPLICATION
SUBJECT TO CONDITIONS
VIRGINIA JENNISON FAMILY TRUST /
TONY HICKEY DULY AUTHORIZED AGENT - 3
Council shall not subsequently reverse its action or otherwise change the zoning
classification of the subject real property without the consent in writing of the
current property owner for a period of four (4) years from the date of the granting of
the applicant's request for zoning of the subject real property.
4.
Idaho Code § 67-6504 provides that the City Council may exercise all of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code which act
is known as the "Local Land Use Planning Act of 1975."
DECISION AND ORDER
GRANTING ANNEXATION AND ZONING APPLICATION SUBJECT TO
CONDITIONS:
1.
That the applicant prepare the legal description for the annexation
included in the application with legal description and submit an
annexation permit or legal description for the proposed site as set forth
hereinabove.
2.
That the City Attorney shall prepare for consideration by the City
Council the appropriate ordinance for the annexation and zoning
designation. The (R-8) Medium Density Residential District shall not
be finally approved by the City Council until provisions of parts 1 and 3
of this order have been met; and
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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
ANNEXATION AND ZONING APPLICATION
SUBJECT TO CONDITIONS
VIRGINIA JENNISON F AMIL Y TRUST I
TONY HICKEY DULY AUTHORIZED AGENT - 4
3.1
3.2
3.3
3.4
3.5
3.6
3.7
Any existing irrigation/drainage ditches crossing the
property to be included in this project, shall be tiled per
City Ordinance 11-9-605M. 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.
Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service
per City Ordinance Section 5-7-517. Wells may be used for
non-domestic purposes such as landscape irrigation.
Provide 5' wide sidewall<s in accordance with City Ordinance
Section 11-9-606B.
Submit letter from the Ada County Street Name
Committee, approving the subdivision and street
names. Make any corrections necessary to conform.
Coordinate fire hydrant placement with the City of
Meridian's Public Worl<s Department.
Indicate on the final plat map any FEMA Flood Plains
affecting the area being platted, and detail plans for
reducing or eliminating the boundary.
Sanitary Sewer service to this site will be via and extension
from the existing trunk main that traverses along Five Mile
Creek, Applicant will be responsible to construct the sewer
mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing
with the Public Works Department. Sewer manholes are
to be provided to keep the sewer lines on the south and
west sides of the centerline. Applicant proposes extending
a private sewer main into the project in a dedicated
easement. The City of Meridian will not own or maintain
this line from the manhole in Idaho Street north.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
ANNEXATION AND ZONING APPLICATION
SUBJECT TO CONDITIONS
VIRGINIA JENNISON F AMIL Y TRUST I
TONY mClŒY DULY AUTHORIZED AGENT - 5
3.8
3.9
Water service to this site will be via extensions of existing
mains installed in adjacent developments. Applicant will 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.
The temporary turnaround shall be constructed to ACHD
design criteria, including, but not limited to HS25 loading
requirements for pavement design. Subdivision designer can
contact Bruce Frecl<leton in the Public Works Department for
geometric requirements.
3.10 The preliminary plat indicates several open ditches within or
adjacent to the subdivision boundary, however no existing
ditch easements are shown. Show any existing easements of
record.
3.11
Developer shall be responsible for payment of assessments,
and the actual physical connection to the municipal sewer and
water system, of the existing home located on Lot 1, Block I,
Fees are to be paid prior to signature of City Engineer on the
final plat.
3.12 Applicant has to indicate whether the pressurized irrigation
system within this development is to be owned and
maintained by the homeowners association or the Nampa &
Meridian Irrigation District. If the system is to remain a
private homeowners association system, plans and
specifications shall be reviewed by the Public Works
Department as part of the development plan review process,
A draft copy of the pressurized irrigation system 0 & M
manual must be submitted prior to plan approval. The City
of Meridian requires that pressurized irrigation systems be
supplied by a year round source of water, If a creek or well
source is not available, a single point connection to the
culinary water system shall be required. If a single point
connection is Utilized, the developer shall be responsible for
the payment of assessments for the common areas prior to
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
ANNEXATION AND ZONING APPLICATION
SUBJECT TO CONDITIONS
VIRGINIA JENNISON F AMIL Y TRUST I
TONY HICKEY DULY AUTHORIZED AGENT - 6
signature on the final plat by the Meridian City Engineer.
3.13 Submit a master street drainage plan for the project, including
method of disposal and approval from any affected drainage
district.
3,14 The Applicant shall provide information sufficient to
determine the highest normal ground water elevation
(sustained), that could be expected on the project site.
3.15 Roadway and roadway approaches to be approved by the
ACHD.
3,16
100 watt high pressure sodium street lights will be required at
locations designated by the Public Works Department. All
street lights shall be installed, at subdivider's expense.
Typical locations are at street intersections and/or fire
hydrants.
3.17 Due to the fact that this subdivision is on a collector street
that is expected to carry high volumes, a 20-foot-wide
planting strip is required. The planting strip should be
extended across Lot 1, Block 1, with a consistent plan,
which will be reviewed for approval prior to signature on
the final plat. Setbacks for the lots that have not been
built on should be determined from the landscape setback
line.
3.18 The minimum residential house size is 1301 feet, exclusive
of garages, as determined by the Uniform Building Code.
Entrance or porch areas, breezeways, or patios may not be
included as part of the square footage. Revise covenants to
comply with City Ordinance.
3.19 Application for variance from the minimum frontage
requirement of 65 feet must be approved,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
ANNEXATION AND ZONING APPLICATION
SUBJECT TO CONDITIONS
VIRGINIA JENNISON F AMIL Y TRUST /
TONY HICKEY DULY AUTHORIZED AGENT - 7
3.20 Applicant prepare the legal description for the annexation
included in the application with legal description and
submit an annexation permit or legal description for the
proposed site as set forth hereinabove.
3,21 Applicant enter into a development agreement that
provides that in the event the conditions herein are not
met by the developer that the property shall be subject to
de-annexation, with the City of Meridian which provides
the conditions of the development as set forth hereinabove,
3.22 The Central District Health Department will approve this
project with written approval from the appropriate entities
submitted in regards to the central sewage and central
water. Plans for the central sewage and central water must
be submitted to and approved by the Idaho Department of
Health & Welfare, Division of Environmental Quality.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
A]\"NEXATION AND ZONING APPLICATION
SUBJECT TO CONDITIONS
VIRGINIA JENNISON FAMILY TRUST /
TONY HICKEY DULY AUTHORIZED AGENT - 8
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by this Final
Decision and Order and 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 January 5, 1999.
ROLL CALL
COUNCILMAN BIRD
VOTED ~
VOTED~
COUNCILMAN ROUNTREE VOTED ~
COUNCILMAN BENTLEY VOTED ~
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
MOTION: APPROVED:~ DISAPPROVED:-
COUNCILMAN ANDERSON
Copy served upon Applicant, the Planning and Zoning Department and the Public
:Jl~~~ D",d 1-~-'11
City Clerk.
msg\D:IMyFileslMeridian City FileIFindings3\Annexation and Zoning FF\Ollason AZ FF for City Council Street Fromage,wpd
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
ANNEXATION AND ZONING APPLICATION
SUBJECT TO CONDITIONS
VIRGINIA JENNISON F AMIL Y TRUST /
TONY HICKEY DULY AUTHORIZED AGENT - 9
RECEIVED
JAN - 5 1999
CITY OF MERIDlAi,[