Loading...
Oliason Park Subdivision ADA .. . \ ~\i\v RECORDEm- EST F '" COUNTY RECO ~. J.OAYfDNAVAR. . . ~. 901,,1:. IDAHO~£æ::J.~ - ~~~tb~~~GREEMENT9 9 0 0 6 2 ~ 9 nl mtiJA21 P1Y\ 1',110 f 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. ';~~~:il~il í. :(~~9 ~ "" ; " ¡ .) - >,..~<-) ;" \<>:~~,~~~,;,;,<,,::,/ '."",.""" 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~~'" l ,.~...-~+d'( ~ . 'c '. i l "OT~r) , ~ (~) -.- * i otary ublic for Idaho \ \. .PVBL\c' I Commission expires: lò/{S~d--. " <P,>, ".0 .. 0 ,.~ -1)' --...... ~~ ~ "#~#«1i OF l~ "",l' 1 ,........"" 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,[