Penn Station Apartments AZ 00-011
PARTIES: 1.
2.
RECORDED-REQUESTOr
ADA COUNTY RECOR8ER 'Zð.f24.I-.íÆ. ..
j. ~~~W~~X~~RJ f fEET-D.EPUT\..~
ZMQAUIO PM 1;25 100063605
~'1
MERIDIAN errv .
DEVELOPMENT AGREEMENT
City of Meridian
Centers Construction, Inc., an Idaho corporation,
Developer/Owner
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this~ day of fl-u.t¡uóf-, 2000, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and CENTERS CONSTRUCTION, INc., an Idaho
corporation, hereinafter called "DEVELOPER/OWNER", whose address is PO
Box 518, Meridian, Idaho 83680.
1.
RECITALS:
1.1
1.2
1.3
1.4
WHEREAS, "Owner" 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 "Developer" make a written
commitment concerning the use or development of the
subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-15-12 and 11-16-4 A,
which authorizes development agreements upon the
annexation and/or re-zoning of land; and
WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property"s described in
Exhibit A, and has requested a designation of Medium
High DensityResidential District (R-15), (Meridian City
Code §§ 11-7-2 E); and
DEVELOPMENT AGREEMENT (AZ-OO-Oll) - 1
1.5
1.6
1.7
1.8
1.9
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 subject "Property" willbe 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, the5-1h day of ~ ,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, both the "Findings" require the
"OwnerlDeveloper" to 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 (AZ-OO-Oll) - 2
designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to ensure annexation and zoning
designation is in accordance with the Comprehensive Plan
of the City of Meridian adopted December 21, 1993,
Ordinance #629, January 4, 1994, and the Zoning and
Development Ordinances codified in Meridian City Code
Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1
3.2
3.3
"CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
"DEVELOPER": means and refers to Centers
Construction, Inc., an Idaho corporation, whose address is
PO Box 518, Meridian, Idaho 83680, the party developing
said "Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
"OWNER": means and refers to Centers Construction,
Inc., an Idaho corporation, whose address is PO Box 518,
Meridian, Idaho 83680, the party who owns said
"Property" and shall include any subsequent owners of the
"Property".
DEVELOPMENT AGREEMENT (AZ-OO-Oll) - 3
3.4
"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Meridian City Code Sections 11-7-2 E which
are herein specified as follows:
(R-15) Medium High Density Residential District:
The purpose ofthe R-15 District is to permit the
establishment of medium-high density single-family
attached and multi-family dwellings at a density not
exceeding fifteen (15) dwelling units per acre. All such
districts must have direct access to a transportation arterial
or collector, abut or have direct access to a park or open
space corridor, and be connected to the Municipal water
and sewer systems of the City. The predominant housing
types in this District will be patio homes, zero lot line
single-family dwellings, townhouses, apartment buildings
and condominiums.
With the further restriction that all uses and development
of the subject real property shall be governed under the
conditional use permit process as a planned development.
For the construction and development of 10 multi-jamily
residential units containing 4 two-bedroom dwellings.
4.2
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE:
"Developer"/"Owner" have submitted to "City" an application for conditional
DEVELOPMENT AGREEMENT (AZ-OO-Oll) - 4
use permit, and shall be required to obtain the "City"'s approval thereof, in
accordance to the City's Zoning & Development Ordinance criteria, therein,
provided, prior to, and as a condition of, the commencement of construction of
any buildings or improvements on the "Property" that require a conditional
use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
6.A
6.1
6.2
6.3
"Developer"/"Owner" shall 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:
Any existing irrigation/drainage ditches crossing the
property to be included in this project, shall be tiled per
City Ordinance. 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. A variance
not to tile Settlers Canal has been requested by the
Applicant.
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.
Applicant shall be required to enter into a Development
Agreement with the City as a condition of annexation to
address, among other things, specific landscape/common
area requirements, any height limitations, signage,
pathways, etc.
DEVELOPMENT AGREEMENT (AZ-OO-Oll) - 5
6.4
6.5
6.6
6.7
6.8
The Nampa & Meridian Irrigation District's Jackson Drain
courses along the north boundary of the proposed project.
The District reserves the right to deem what they feel
necessary to operate and maintain the facility.
Driveway width will be 25-feet. Applicant submitted a
letter of comment dated June 20, 2000, which states all
driveways are shown on the drawing (and the driveway
cross section are dimensioned at 25' in width.
Provision of Maintenance Building: The
owner/developer of the project shall contract with a
professional landscape maintenance company for the
maintenance of all the facilities, and therefore will not be
required to have a storage facility on site for storage of
maintenance equipment.
Provision of RV/Boat Storage: No RV/Boat storage is
required because the owner/developer of the property will
prohibit storage of boats, campers, or trailers as part of the
development.
Tiling of Settlers Canal: The applicant shall be required
to tile the Settlers Canal unless applicant applies for and
receives approval of a variance for this requirement.
Off-street parking shall be provided in accordance with
the City of Meridian Zoning and Development Ordinance
and/or as detailed in site-specific requirements.
Paving and striping shall be in accordance with the
standards set forth in the City of Meridian Zoning and
Development Ordinance and in accordance with
Americans with Disabilities Act (ADA) requirements.
A drainage plan designed by a State of Idaho licensed
architect or engineer is required and shall be submitted to
the City Engineer for all off-street parking areas. All site
drainage shall be contained and disposed of on-site.
DEVELOPMENT AGREEMENT (AZ-OO-Oll) - 6
6.9
6.10
6.11
6.12
6.13
6.14
6.15
Outside lighting shall be designed and placed so as not to
direct illumination on any nearby residential areas or the
traveling public in accordance with City Ordinance.
All signage shall be in accordance with the standards set
forth in the City of Meridian Zoning and Development
Ordinance or as specifically approved. No temporary
signage, flags, banners or flashing signs will be permitted.
Provide five-foot wide pedestrian walkways in accordance
with City Ordinance.
Screen trash areas on all sides. Coordinate screened trash
enclosure locations and construction requirements with
Sanitary Service Company and provide a letter of approval
from their office prior to applying for building permits.
Handicap parking, associated signage and building
construction shall meet the requirements of the Americans
with Disabilities Act (ADA) and the Fair Housing Act
(FHA). For example, if covered parldng is provided, at
least one must be handicap-accessible (see Fair Housing
Act Design Manual 2.23). By the architect or engineer's
stamp on plans, they must certify that all construction
meets ADA and FHA Standards.
Sanitary sewer service to this site is proposed via
extensions from an existing main in Stonehenge Way.
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.
Water service to this site will be via extensions from
extensions of an existing main in Stonehenge Way.
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
DEVELOPMENT AGREEMENT (AZ-OO-Oll) - 7
6.16
6.17
6.18
6.19
Public Works Department. Provide the Public works
department with information on anticipated fire flow and
domestic water requirements for the proposed site. Water
service to this development is contingent upon positive
results from a hydraulic analysis by our computer model.
Flow and pressure from the existing mains shall be
monitored with the Meridian Water Department.
Assessments for sewer and water service are determined
during the building permit application process. Applicant
shall be required to enter into an Assessment Agreement
with the City of Meridian.
Two-hundred-fifty- and 1O0-watt, high-pressure sodium
streetlights shall be required at locations designated by
the Public Works Department. All streetlights shall be
installed at subdivider's expense. Typical locations are at
street intersections and/or fire hydrants.
Underground year-round pressurized irrigation shall be
provided to all landscape areas on site. submit hook-
design details based on the proposed landscaping. Due to
the size landscaped area primary water supply connection
to the City's mains will not be allowed. Applicant shall be
required to utilize any existing surface or well water for
the primary source. If City water is proposed as a
secondary source, developer shall be responsible to pay
water assessments for the entire common open area.
Applicant shall submit an irrigation plan for watering all
landscaped areas which plan shall be reviewed by the
City's Public Works Department. The Public Works
Department must approve an irrigation plan before any
Building Permits are issued.
Applicant has indicated the pressurized irrigation system
within this development is to be owned and maintained
by the developer. If the system is being proposed as a
private system, plans and specifications for the irrigation
DEVELOPMENT AGREEMENT (AZ-OO-Oll) - 8
6.20
6.21
6.22
system shall be reviewed by the Public Works Department
as part of the development plan review process. A draft
copy of the pressurized irrigation system O&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. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments
for the entire common open area.
The lO-foot buffer adjacent to Danbury Fair Subdivision
is deemed adequate.
The storm drain must be relocated to be fully within the
roadway. It must not cross into the landscape buffer,
because it the storm drain would preclude the trees shown
on the landscape plan.
The landscape plan is recommended for approval with the
following minor modifications: The Austrian Pines at the
entrance must be relocated outside of a 40' X 40' clear
sight triangle, measured from the projected intersection of
Stonehenge Way and the entry road. Add three trees
along the pathway stubbed to the east property line, to
give it the same landscape treatment as the rest of the
path. Finally, staff recommends adding one tree behind
each building along the east property line. The applicant
is responsible to ensure that no easements exist that
would preclude the proposed landscaping. All landscaping
shown will be required, with the additions mentioned
above.
DEVELOPMENT AGREEMENT (AZ-OO-Oll) - 9
6.23
6.24
6.25
6.26
6.27
6.28
The development shall prohibit on site storage of boats,
campers and trailers, and other recreational vehicles.
All drive-ways shall be 25-feet in width and shall be
posted so that parking which would block the drive-ways
will be prohibited.
The Meridian Fire Department shall approve the proposed
IS-foot wide one-way entry/exit drive aisles design. The
Fire Dept. usually requires 20-foot wide drive aisles for
fire truck access.
Six-foot-high, permanent perimeter fencing shall be
required, except where the City has agreed in writing that
such fencing is not necessary. All required fencing is to be
in place prior to issuance of building permits.
Design tiling the Flume Canal and leaving the Settlers
Canal untiled, with a pathway along the north side of the
property, is approved. The proposed 5, gravel walldng
path must be concrete or asphalt to match the rest of the
pathway and provide a more useable, lasting surface. The
path shall be extended when the property to the east is
developed. Due to the high-density proposed use, safety
may be a concern of the Settlers Irrigation District and
the City of Meridian along the Settlers Canal if no fencing
is proposed.
Proposals for Planned Unit Developments must include a
minimum often percent common area. Common open
space shall mean land area space exclusive of street rights-
of-way, buildings, parking areas, structures, and
appurtenances except those improvements that are
accessible and available to all occupants of the private
units within the PD. No calculations for open space were
submitted with the application. The applicant shall
present the calculations to the Commission at the hearing.
Entry landscaping should not be included in these
DEVELOPMENT AGREEMENT (AZ-OO-Oll) - 10
6.29
6.30
6.31
6.32
6.33
6.34
6.35
calculations. Space between buildings, etc. should not be
counted. Only those areas that are provided as common
open space for all should be counted.
The stormwater detention area must be designed with
slight slopes and grass to allow it to function as a
recreation area for the subdivision to include it in the
open space calculations.. The proposed subdivision is
outside the service area of all existing city parks.
The design is for one way in and out, With no future
access to the east. The street connectivity throughout the
city shall be enhanced, but a stub street may not be
feasible with the constraints of the site. (An issue for
Commission and Council to consider.)
The proposed 6' X 4' entry signage for the subdivision
shall be placed outside of a 40' X 40' clear sight triangle,
measured from the projected intersection of Stonehenge
Way and the entry road; or if the sign is reduced to 3' or
less in height, it may be placed within the sight triangle.
Replace damaged curb, gutter and/or sidewalk on
Stonehenge Way with new curb, gutter and/or concrete
sidewalk to match existing improvements. Segments to be
replaced shall be determined by ACHD Construction
Services staff.
Utility street cuts in pavement less than five years old are
not allowed unless approved in writing by the District.
Locate site driveway 35-feet north of the south property
line.
Pave the site driveway access to Stonehenge to its full-
required width of 24 to 30-feet and 30-feet beyond the
edge of pavement with IS-foot radii pavement tapers
abutting the existing roadway edge.
DEVELOPMENT AGREEMENT (AZ-OO-011) - 11
6.36
6.37
6.38
6.39
6.40
6.41
6.42
6.43
6.44
In accordance with District policy, stub streets to the
undeveloped parcels abutting this site shall be required
upon review of a future application for this site.
Other than the access point(s) specifically approved with
this application, direct lot or parcel access to Stonehenge
is prohibited. Lot access restrictions, as required with this
application, shall be stated on the final plat.
Only one egress and ingress into this project.
All trash and weed will need to be cleaned up on common
areas.
No parldng of vehicles or trailers in cul-de-sac.
The Applicant's central sewage and central water plans
must be submitted to and approved by the Idaho
Department of Health & Welfare, Division of
Environmental Quality.
Run-off is not to create a mosquito breeding problem.
Stormwater shall be pretreated through a grassy swale
prior to discharge to the subsurface to prevent impact to
groundwater and surface water quality.
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.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning
designation reversed, upon a default of the "Developer"/"Owner" or
"Developer"'s/"Owner's" heirs, succes~ors, assigns, to comply with Section 6
entitled "Conditions Governing Development of subject "Property" of this
DEVELOPMENT AGREEMENT (AZ-OO-Oll) - 12
agreement within two years of the date this Agreement is effective, and after
the "City" has complied with the notice and hearing procedures as outlined in
I.c. § 67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL
OF ZONING DESIGNATION
"Developer"/"Owner" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply
with this Agreement to "Developer"/"Owner" and if the
"Developer"/"Owner" fails to cure such failure within six (6)
months of such notice.
9. INSPECTION: "Developer"/"Owner" shall, immediately upon
completion of any portion or the entirety of said development of the
"Property" as required by this agreement or by City ordinance or policy, notify
the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance
with the terms and conditions of this Development Agreement and all other
ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1 In the event "Developer"/"Owner", "Developer"'s/"Owner's"
heirs, successors, assigns, or subsequent owners of the "Property"
or any other person acquiring an interest in the "Property", fail to
faithfully comply with all of the terms and conditions included in
this Agreement in connection with the "Property", this
Agreement may be modified or terminated by the "City" upon
compliance with the requirements of the Zoning Ordinance.
10.2 A waiver by "City" of any default by "Developer"/"Owner" of any
one or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any
DEVÈLOPMENT AGREEMENT (AZ-OO-011) - 13
other rights or remedies of "City" or apply to any subsequent
breach of any such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording
to "Developer"/"Owner", prior to the third reading of the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" by
the City Council. If for any reason after such recordation, the City Council
fails to adopt the ordinance in connection with the annexation and zoning of
the "Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as
specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Developer"/"Owner", or by any
successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
13.1 In the event of a material breach of this Agreement, the parties
agree that "City" and "Developer"/"Owner" shall have thirty (30)
days after delivery of notice of said breach to correct the same
prior to the non-breaching party's seeldng 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.
DEVELOPMENT AGREEMENT (AZ-OO-O11) - 14
13.2 In the event the performance of any covenant to be performed
hereunder by either "Developer"/"Owner" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of
time of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable
bonds, as allowed under Meridian City Code §12-5-3, to insure that
installation of the improvements, which the "Developer" agrees to provide, if
required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees
that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" and "Developer"/"Owner" have entered into an
addendum agreement stating when the improvements will be completed in a
phased developed; and in any event, no Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Owner"
agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the
City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three
(3) days after deposit in the United States Mail, registered or certified mail,
postage prepaid, return receipt requested, addressed as follows:
CITY:
OWNER/DEVELOPER:
do City Engineer
City of Meridian
Centers Construction, Inc., an Idaho
corporation
DEVELOPMENT AGREEMENT (AZ-OO-Oll) -15
33 E. Idaho Ave.
Meridian, ID 83642
PO Box 518
Meridian, Idaho 83680
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
17.1 A party shall have the right to change its address by delivering to
the other party a written notification thereof in accordance with
the requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled,
in addition to any other relief as may be granted, to court costs and reasonable
attorney's fees as determined by a Court of competent jurisdiction. This
provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term,
condition and provision hereof, and that the failure to timely perform any of
the obligations hereunder shall constitute a breach of and a default under this
Agreement by the other party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the parties' respective heirs, successors,
assigns and personal representatives, including "City"'s corporate authorities
and their successors in office. This Agreement shall be binding on the owner
of the "Property", each subsequent owner and any other person acquiring an
interest in the "Property". Nothing herein shall in any way prevent sale or
alienation of the "Property", or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or
owners shall be both benefitted and bound by the conditions and restrictions
herein expressed. "City" agrees, upon written request of "Developer", to
execute appropriate and recordable evidence of termination of this Agreement
DEVELOPMENT AGREEMENT (AZ-OO-Oll) - 16
if "City", in its sole and reasonable discretion, had determined that
"Developer" has fully performed its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to
be excised from this Agreement and the invalidity thereof shall not affect any
of the other provisions contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between
"OwnerlDeveloper" 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 "OwnerlDeveloper" and "City", other
than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to
a duly adopted ordinance or resolution of "City".
22.1
No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the ""City" has
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement
shall be effective on the date the Meridian City Council shall adopt the
amendment to the Meridian Zoning Ordinance in connection with the
annexation and zoning of the "Property" and execution of the Mayor and City
Clerk.
DEVELOPMENT AGREEMENT (AZ-OO-Oll) - 17
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
72
/;;2 Y7 Y7 <-é'
Secretary
BY RESOLUTION NO.-
OWNER/DEVELOPER:
CENTERS CONSTRUCTION, INc., AN
IDAHO CORPORATION
BY~~
President
a -d~)
Attest:
~
City rk
BY RESOLU . ??Ý
CITY OF MERIDIAN
BY:
DEVELOPMENT AGREEMENT (AZ-00-O11) - 18
STATE OF IDAHO)
:ss
County of Ada
On this..21.. drY of J \A. ~ ' in the year 2000, before me,
___~1~_1~_- a No ry Publiþ personally / appeared
¿r::..e... C :x> ' and- I~o::.. Ce"fr::f~ ,
known or identified to me to be the President and Secretary of Centers
Construction, Inc., an Idaho corporation, who executed the instrument on behalf
of said corporation and acknowledged to me having executed the same.
~
Notary Public for Idaho
Commission expires: t -/'1 -0 Y
STATE OF IDAHO)
:ss
County of Ada -)
On this JY
day of {2o.~~ , in the year 2000, be.fo. re .
.5it.db'f uf~"""'7-tiJ
me, a Notary Public, personally appeared Robert D. Corrie and 'Nillitllh C. Berg,
know or identified to me to be the Mayor and Clerk, respectively, of the City of
Meridian, who executed the instrument or the person that executed the
instrument of behalf of said City, and acknowledged to me that such City
executed the same.
...,.....,~
", OV
", \). 11"
.,'", t- - <r~"
! ... "/'" ~'Þ ..
I~O'tAl(l' \
: k' -.-". * !
\ * PUB\.'\ i !
.. . 0:,
\."'"." ......,~ ti'
,"1'8 Of '\v.,,"
'...,¡...."",.
Þ£J~'
Notary Public for Idaho
Commission expires: II~I.). tif
DEVELOPMENT AGREEMENT (AZ-OO-Oll) - 19
EXHIBIT A
Legal Description Of Property
A portion of the northeast quarter of the northeast quarter of Section 7,
Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, being
more particularly described as follows:
Commencing at the northeast corner of said Section 7; thence SOooOO'OO" W,
1,325.00 feet along the easterly boundary of said Section 7; thence S89°42'OO"
W, 659.60 feet to the easterly boundary of Danbury Fair Subdivision No.2, as
shown on the official plat thereof on file in the office of the Ada County
Recorder, thence NOoo05'OO" W, 165.00 feet along the easterly boundary of said
Danbury Fair Subdivision No.2 to the Real Point of Beginning;
Thence the following courses and distances along the boundary of said Danbury
Fair Subdivision No.2;
N30o08'00" W, 94.00 feet;
N43°18'OO"W, 66.00 feet;
N49°22'OO" W, 131.00 feet;
N32°38'OO" W, 73.70 feet;
N21°22'OO" W, 114.70 feet;
N29°21'OO" W, 150.00 feet along the northeasterly boundary of said Danbury
Fair Subdivision No.2 and Danbury Fair Subdivision No.1, as shown on the
official plat thereof on file in the office of the Ada County Recorder, to the
southeasterly right-of-way of Stonehenge Way.
Thence N64°18'04" E, 276.29 feet;
Thence NOoo37'28" W, 52.48 feet;
Thence N71°15'21" E, 8.16 feet;
DEVELOPMENT AGREEMENT (AZ-OO-Oll) - 21
Thence N83°02'21" E, 36.35 feet;
Thence N84°17'21" E, 69.30 feet;
Thence SOooOO'32" W, 536.16 feet;
Thence S89°36'07" W, 10.25 feet;
Thence SOlo21'45" W, 164.30 feet to the Real Point of Beginning.
Comprising 3.179 acres, more or less.
Subject to easements or right-of-ways of record or apparent.
This property is comprised of Ada County tax parcel numbers S 1107110110 and
Sll0711O200.
DEVELOPMENT AGREEMENT (AZ-OO-O11) - 22
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
Z:\Work\M\Meridian 15360MIPenn Station AZ & CUPlDevelovAor
DEVELOPMENT AGREEMENT (AZ-00-011) - 23
\,
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF PANGAEA
LAND PLANNING, THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 3.4 ACRES FOR PENN
STATION APARTMENTS,
LOCATED SOUTH OF
FAiRVIEW AND WEST OF
STONEHENGE WAY,
MERIDIAN, IDAHO
06-2.6-00
)
)
)
)
)
)
)
)
)
)
)
)
Case No. AZ-OO-Oll
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on for
public hearing on June 20, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning
and ZoningAdministrator, appeared and testified, and the Applicant, Daren Fluke,
appeared arid testified, and appearing and testifying with comments/concerns and or
in opposition were: Laura Jones, Matthew Glencoe, and Ron McClaren, and the City
Council having duly considered the evidence and the record in this matter therefore
mal<es the fOllowing Findings of Fact and Conclusions of Law, and Decision and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Oll)
(.'
Order:
FINDINGS OF FACT
1.
The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for June 20, 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 (IS) days prior to said hearing and with the notice of
public hearing having been posted upon the property under consideration more than
one week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the June 20, 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 §§ II-15-5
and 11-16-I.
3.
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles II and 12, Meridian City Code, and all
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OQ-OI1)
...
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
adopted Deœmber 21,1993, Ordinance No. 629, January 4,199.J:, and maps and [he
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 setforth in full. The property is approximately 3.4 acres in size and is located
South of Fairview, west of Stonehenge Way. The property is designated as Penn
Station Apartments.
5.
The property is approximately 3.4 acres in size and is located South of
Fairview, west of Stonehenge Way. The property is designated as Penn Station
Apartments.
6.
The owner of record of the subject property is Centers Construction,
Inc., of Meridian, Idaho.
7.
Applicant is Pangaea Land Planning, of Boise, Idaho.
8.
The property is presently zoned by Ada County as R-TIR-l, and consists
of vacant bind.
9.
The Applicant requests the property be zoned as R-15.
10.
The subject property is bordered to the south by R-8 single family
dwellings, and to the north and west by CoG and to the east by R-T and city limits of
the City of Meridian are adjacent and abut to the north, south and west of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-O II)
(
subject propeny.
II.
The prope:cy which is the subject of this application is within the Area
of Impact of the City of Meridian.
12.
The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
13.
The Applicant proposes to develop the subject property in the following
manner: 10 multi-family residential units containing 4 two-bedroom dwellings.
14.
The Applicant requests zoning of the subject real property as R-15
which is consistent with the Meridian Comprehensive Plan Generalized land Use
Map which designates the subject property as Mixed Planned Use Development.
15.
There are no significant or scenic features of major importance that
affect the consideration of this application.
16.
Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Oll)
16.1 Any existing irrigation/drainage ditches crossing the property LO be
included in this project, shall be tiled per City Ordinance. Ditches to be
piped should be shown on the site plans. Pla¡)s \vill need w be approved
by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the
Public Works Department. A variance not to tile Settlers Canal has
been requested by the Applicant.
16.2 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.
16.3 Applicant shall be required to enter into a Development Agreement 'with
the City as a condition of anne..xation to address, among other things,
specific landscape/common area requirements, any height limitations,
signage, pathways, etc.
Adopt the Recommendations of the N ampa & Meridian Irrigation District as
follows:
16.4 The N ampa & Meridian Irrigation District's Jackson Drain courses
along the north boundary of the proposed project. The District reserves
the right to deem what they feel necessary to operate and maintain the
facility.
17.
It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 16, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
18.
It is also found that the development considerations as referenced in
Finding No. 16 are reasonable to require and must be taken into account, in order to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Oll)
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
,vill not change the essential character of the affected vicinity and will insure that the
proposed uses ,vill not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
19.
It is found that the zoning of the subject.real property as Medium High
Density Residential District (R-15) requires connection to the Municipal Water and
Sewer systems and will be compatible with the Applicant's development intentions,
and '>'."ili assure L'Lac ,he zoning is consis,ent wi,;'~ ch~ ~vleridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Mi..xediPlanned
Use Development.
20.
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:
20.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Oll)
: '
20.2 This proposed new growth development will tìnance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
20.3 The application is consistent with Meridian's self identity.
20.4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
20.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
20.6 Compatible and efficient use of land 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.
21.
The property can be physically serviced with City water and sewer, if
appiicam 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 vvithin the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-OII)
annex real property that is within the Meridian Urban Service Planning Area as set
forth in the City's Comprehensive Plan.
2.
The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as
provided by "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
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 ~vith 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Oll)
4.4
4.5
4.6
4.7
4.8
4.9
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
To provide housing opportunities for all economic groups
within the community.
To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
To encourage cultural educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
To provide community services to fit existing and projected
needs.
To establish compatible and efficient use of land through
the use of innovative and functional site design.
To encourage a balance 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 goals and policies listed below most directly apply to the proposed project:
Land Use Chapter
1.4U - Encourage new development which reinforces the City's present development
pattern of higher-density development within the Old Town area and lower-density
development in outlying areas.
1.8U - Promote the development of high-quality and environmentally compatible
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Oll)
residential areas that contain the necessary parks, schools and commercial facilities to
maintain and form identifiable neighborhoods.
2.1 U - Support a variety of residential categories for the purpose of providing the City
with a range of affordable housing opportunities.
2.2U - Support strategies for the development of neighborhood parks within all
residential areas.
2.3U - Protect and maintain residential neighborhood property values, improve each
neighborhood's physical condition and enhance its quality of life for residents.
2.5U - Encourage compatible infill development that will improve existing
neighborhoods.
6.8U - New urban density subdivisions which abut or are proximal to existing rural
residential land uses shall provide screening and transitional densities with larger,
more comparable lot sizes to buffer the interface between the urban. level densities
and nmù residential densities.
Natural Resources and Hazardous Areas
1.1 U - Identify and protect areas with special characteristics such as stream corridors,
canals, and wetlands.
2.1 U - Development along major drainage ways will be restricted to ensure that
development does not cause additional ground or surface water contamination.
3.1 U - Manage and prevent unsuitable uses along drainage ways and protect the flood
plains of creeks and drains.
Transportation Chapter
1.4U - Monitor and coordinate the compatibility of the land use and transportation
system.
1.20U - Encourage proper design of residential neighborhoods to ensure their safety
and tranquility.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Oll)
5.
The zoning of Medium High Density Residential District (R-15) is
detìned in the Zoning Ordinance at § II-Î-2 E as follows:
(R-15) Medium High Density Residential District: The purpose of the R-
15 District is to permit the establishment of medium-high density single-family
attached and multi-family dwellings at a density not exceeding fifteen (15)
dwelling units per acre. All such districts must have direct access to a
transportation arterial or collector, abut or have direct access to a park or open
space corridor, and be connected to the Municipal water and sewer systems of
the City. The predominant housing types in this District will be patio homes,
zero lot line single-family dwellings, townhouses, apartment buildings and
condominiums.
6.
By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a planned
comme:cial development on this parcel of land.
,.
Since the annexation and zoning of land is a kgislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
Citv ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8.
The development of the annexed land, if annexed, shall meet and comply
with the Ordinances of the City of Meridian including, but not limited to: Section 12-
2-4 which pertains to development time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
9.
The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Oll)
. ,
(
10.
Section 11-16-4 A of the Zoning and Development Ordinance provides
in part as follows:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property. or prior if agreed to by the owner of the
parcel. Unless the commitment is modified or terminated by the City Council,
the commitment shall be binding on the owner of the 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 3.4
acres to Medium High Density Residential District (R-15) is granted subject to the
terms and conditions of this Order hereinafter stated.
2.
The application is for annexation and zoning of 3.4 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BYPANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-OII)
(
15 S. The legal description for annexation must place this. parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3.
Developer enter into a Development Agreement that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development, to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
3.1
3.2
3.3
Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance. 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, ,vith "Tiuen confim1ation of said approval submitted to the
Public Works Department. A variance not to tile Settlers Canal has been
requested by the Applicant.
Any existing domestic wells and/or septic systems within this project ,vill
have to be removed from their domestic service per City Ordinance.
Wells may be used for non-domestic purposes such as landscape
irrigation.
Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation to address, among other things,
specific landscape/common area requirements, any height limitations,
signage, pathways, etc.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
3.4
The Nampa & Meridian Irrigation District's Jackson Drain courses along
the north boundary of the proposed project. The District reserves the
right to deem what they feel necessary to operate and maintain the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO~OII)
facility.
4.
The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real
property which is the subject of the application to (R-15) Medium High Density
Residential District, and Meridian City Code § 11-7-2 E.
5.
Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided
in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation
and zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-OII)
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
§-ß- day
of
J~
,2000.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED $CL
COUNCILMAN KEITH BIRD
VOTED-=
COUNCILMAN TAMMY deWEERD
VOTED~
COUNCILMAN CHERIE McCANDLESS
VOTED$tL
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 7-5 -úù
VOTED--=-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-OII)
MOTION:
APPROVED/:Jl1-::; &1)DISAPPROVED:-
By:~~~--ð ~1h Q
City Clerk (j /
Dated: '?--fY-tJO
msgiZ,IWork\MlMeridian 15J60MIPenn Station AZ & CUP'-'ZFrClsOrder.wpd
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PANGAEA LAND
PLANNING FOR PENN STATION APARTMENTS (AZ-OO-Oll)