Tremont Place
PARTIES: 1.
2.
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DEVELO/,.M~EMENT FEE~DE~
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City of Mentl'r::rrr
Luna Vista, Inc.
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this-LL- day of ~ ' 1999, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and LUNA VISTA, INc., hereinafter called
"DEVELOPER", whose address is 9020 Black Eagle Drive, Boise, Idaho.
1.
RECITALS:
1.1
1.2
1.3
1.4
1.5
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. §67-6511A, 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 11-2-416L and 11-2-4170,
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
Density Residential (R-8), (Municipal Code of the City of
Meridian); and
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" will be developed and
what improvements will be made; and
DEVELOPMENT AGREEMENT - 1
1.6
1.7
1.8
1.9
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning & Zoning
Commission, and subsequently before the City Council,
include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
WHEREAS, City Council, the 1" day of June, 1999, has
approved certain Findings of Fact and Conclusions of Law
and Decision and Order, set forth in Exhibit B, which are
attached hereto and by this reference incorporated herein
as if set forth in full, hereinafter referred to as (the
"Findings"); and
WHEREAS, the "Findings" require the "Developer" enter
into a development agreement before the City Council
talœs 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 "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 tenns 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 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 - 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. 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 Luna Vista, Inc., an
Idaho corporation, whose address is 9020 Black Eagle
Drive, Boise, Idaho, the party developing said "Property"
and shall include any subsequent owner(s)/developer(s) of
the "Property".
"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
4.2
The uses of the ""Property"" allowed pursuant to this
Agreement are those uses allowed under "City"'s Zoning
Ordinance R-8 Medium Density Residential codified at
Section 11-2-408 B 4 Municipal Code of the City of
Meridian.
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
DEVELOPMENT AGREEMENT - 3
5.
CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
5.1
"Developer" shall develop the "Property" in accordance
with the following special conditions:
5.1.1. That 100% of houses in the subject project need not
be a minimum of 1,301 sq.ft. but the developer shall
comply with Meridian City Zoning and
Development Ordinance 2-411(0)(2) and (3); single
family housing be allowed in lieu of townhouse
development; and that the subject property need not
be developed as a planned development under the
conditional use permit process.
5.1.2 The proposed sewer profiles submitted with the
application indicate that the sewer system is being
proposed at less than minimum grades and, in some
cases, less than minimum depths. Fill material must
be used if necessary to achieve the desired design
criteria.
5.1.3 Water service to this site is to come from existing 6"
main located in W. Eighth Street and Broadway
Avenue.
5.1.4 The pressurized irrigation system within this
development is to be owned and maintained by the
Nampa & Meridian Irrigation District.
5.1.5 The City of Meridian requires that street centerline
elevations be designed to provide a minimum of 3
feet separation from the seasonal high groundwater
elevation.
5.1.6 Applicant shall not pipe the Nine Mile Drain and
shall provide a multiple use pathway along the drain
and utilize Nine Mile Drain as an amenity to the
development.
DEVELOPMENT AGREEMENT - 4
5.1.7 Developer enter into a Development Agreement,
that provides in the event the conditions therein are
not met by the Developer the rezoning to Medium
Density Residential (R-8) will be declared null and
void.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developer" or
"Developer"'s heirs, successors, assigns, to comply with Section 6 entitled
"Conditions Governing Development of subject "Property" of this agreement
within two years of the date this Agreement is effective, and after the "City"
has complied with the notice and hearing procedures as outlined in tc. § 67-
6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
7.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Developer" and if the
"Developer" fails to cure such failure within six (6) months
of such notice.
8. INSPECTION: "Developer" shall, immediately upon completion
of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City
Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion thereof in accordance with the tenns
and conditions of this Development Agreement and all other ordinances of
the "City" that apply to said Development.
9.
DEFAULT:
9.1
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 tenns and conditions
included in this Agreement in connection with the
DEVELOPMENTAGREEMENT-5
"Property", this Agreement may be modified or terminated
by the "City" upon compliance with the requirements of
the Zoning Ordinance.
9.2
A waiver by "City" of any default by "Developer" 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 other rights or remedies of "City" or apply to
any subsequent breach of any such or other covenants and
conditions.
10. REQUIREMENT 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.
11. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "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.
12.1 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 allowed
DEVELOPMENT AGREEMENT - 6
to cure such failure may be extended for such period as
may be necessary to complete the curing of the same with
diligence and continuity.
12.2 In the event the performance of any covenant to be
perfonned hereunder by either "Developer" or "City" is
delayed for causes which are beyond the reasonable control
of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience,
strikes or similar causes, the time for such perfonnance
shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under 11-9-606 C of the Meridian City Code, to
insure that installation of the improvements, which the "Developer" agrees to
provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "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; and in any event, no Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed, completed, and
accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Developer"
agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the
City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
DEVELOPER:
do City Engineer
City of Meridian
Luna Vista, Inc.
9020 Black Eagle Drive,
DEVELOPMENTAGREEMENT-7
33 E. Idaho Ave.
Meridian, ID 83642
Boise, Idaho
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
16.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner 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 if "City", in its sole and reasonable discretion,
had determined that "Developer" has fully performed its obligations under this
Agreement.
DEVELOPMENT AGREEMENT - 8
20. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "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".
21.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the ""City" has
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "Property" and execution of the Mayor and City Clerk.
DEVELOPMENTAGREEMENT-9
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
~
Michael Homan
President
Attest:
Attest:
ey/Z:\Work\M\Meridian 15360MlTrernontPiace Plat&RezlDevelopAgr
DEVELOPMENT AGREEMENT - 10
STATE OF IDAHO
:ss
COUNTY OF ADA
~ iliidL day of ~ ' in ili, Y"" 1999, b"o"
me, ' f\o' 5: a Notary Pu ic, personally appeared Michael Homan
and " known or identified to me to be the President and ~!ENI! I of
said Luna Vista, Inc. and who executed the instrument and acknowledge to me
that said Luna Vista, Inc. executed the same.
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STATE OF IDAHO
:ss
County of Ada 10 )¡ J1'A', ~.J.. IQQQ
On this - -l- 7X. day of .L !Lr ' in the year 1..1.LL
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the
City of Meridian, who executed the instrument or the person that executed the
instrument of behalf of said City, and acknowledged to me that such City
executed the same.
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DEVELOPMENT AGREEMENT.. 11
EXHIBIT A
Legal Description Of Property
A Parcel of land situated in a portion of the Nl/2 of the SWI/4
of Section 12, T.3N., R.IW., B.M., City of Meridian, Ada
County, Idaho and described as follows:
Commencing at the NW corner of the said N 1/2 an aluminum
monument, thence along the North line of the said Nl/2 N
89°57'30" E a distance of 2652.91 feet to a brass cap marking the
NE corner of the said Nl/2; thence along the East line of said
Nl/2 S 0°00'28" W 660.00 feet to the POINT OF BEGINNING;
Thence continuing along said East line S 0°00'28" W a distance of
348.73 feet to a point;
Thence leaving said East line and along the North right-of-way
line of the Union Pacific Rail Road N 89°05' 16" W a distance of
654.40 feet to a point;
Thence leaving said North right-of-way and parallel with the said
East line N 0000'28"E a distance of 507.24 feet to a point;
Thence parallel with the said North line of the N 1/2 N 89°57'30E
a distance of 130.00 feet to a point;
Thence parallel with the said East line N 0°00'28" E a distance of
335.60 feet to a point;
Thence parallel with the said North line of the N 1/2 N 89°57'30E
a distance of 384.32 to a point;
Thence parallel with the said East line S 0°00'28" W a distance of
505.00 feet to a point;
Thence parallel with the said North line of the N 1/2 N 89°57'30E
a distance of 140.00 feet to the POINT OF BEGINNING;
Said Parcel contains 10.12 acres more or less and is subject to all
existing easements and rights-of-way of record or implied.
DEVELOPMENT AGREEMENT - 12
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - 13
~.\v
BEFORE THE CITY COUNCIL OF
THE CITY OF MERIDIAN
In The Matter of The Request
For REZONE OF
APPROXIMATELY 9.838 ACRES
FOR PROPOSED TREMONT
PLACE SUBDIVISION,
Case No: RZ-99-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONING
LUNA VISTA, INc.
Applicant
The above entitled matter on the rezoning application of 9.838 acres
having come on for public hearing on May 18, 1999. at the hour of 7:30 o'clock p.m.,
and Council having received the report of Shari Stiles, Planning and Zoning
Administrator, and Bob Unger of Pinnacle Engineers having appeared on behalf of
the applicant, and no one appeared in opposition to the request, and the Council
having received the record of this matter made before the Planning and Zoning
Commission, and having received their Recommendation to the City Council, and
the City Council having duly considered the evidence and the record in this matter
therefore makes the following Findings of Fact and Conclusions of Law, Decision and
Order:
FINDINGS OF FACT
1.
The notice of public hearing on the application for rezoning was
published for two (2) consecutive weeks prior to said public hearing scheduled for
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF TREMONT PLACE SUBDIVISION - 1
May 18, 1999, before the City Council, the first publication appearing and written
notice having been mailed to property owners or purchasers of record ,vithin 1hret
hundred (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 May 18, 1999, 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 setforth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416E
and 11-2-417 A, Municipal Code of the City of Meridian.
3.
The City Council takes judicial notice of its zoning, subdivisions
and development ordinances codified at Title 11, Municipal Code of the City of
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of thC'
City of Meridian adopted December 21, 1993, Ordinance No. 629 - January 4,
1994, and maps and the ordinance Establishing the Impact Area Boundary.
4.
The property is approximately 9.838 acres in size. The property
is generally located at 725 W. 8th Street in Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF TREMONT PLACE SUBDIVISION - 2
Meridian, Idaho.
Idaho.
8).
5.
The owner of record of the subject property is Broadway Estates,
6.
The Applicant is Luna Vista, Inc., 9020 Black Eagle Drive, Boise,
7.
The property is presently zoned Medium Density Residential (R-
8.
. The Applicant requests the property be rezoned to Medium
Density Residential (R-8) without conditions.
Meridian.
9,
The proposed site is vacant.
10.
The subject property is within the city limits of the City of
11.
The entire parcel of the property is included within the Meridian
Urban Service Planning Area as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan.
12.
The Applicant proposes to develop the subject property in the
following manner: Develop and construct Single Family Residential (4.38 D.U./Acre
net) housing,
13.
The Applicant's requested rezoning of the subject real property as
Medium Density Residential (R-8) 'without conditions, is consistent with the
commercial designation on the Meridian Comprehensive Plan Generalized Land Use
Map which designates the subject property as Existing Urban.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF TREMONT PLACE SUBDIVISION - 3
14.
This proposed zoning amendment falls within the scope and
policies of the City's Comprehensive Plan.
15.
The original conditions of rezone request by Lorin Saunders
included requirements that: The property be developed as a townhouse project under
the conditional u~e permit process for a planned development; the minimum house
size is to be 1,30 r square feet; a recreational easement be provided for alongNine
Mile Creek with construction of a bike path; the grid system ofIdaho Street be
continued; and a development agreement be entered into as a condition of the
rezone.
16.
Sanitary sewer service to this site is being proposed via an existing
main adjacent to Nine Mile Creek near the Sunrise Health Care (formerly Western
Pines) facility.
17.
Results of test hole investigations perfonned January 19, 1999,
indicate that groundwater is somewhat shallow (approx. 2.5' from surface). The
investigation was performed at a time when the groundwater table is generally near
its annual low. The City of Meridian requires that street centerline elevations be
designed to provide a minimum of 3 feet separation from the seasonal high
groundwater elevation. This is an effort to ensure that crawl spaces under homes will
be above the ground water.
18.
. The legal description submitted .with the application appears to
meet all of the criteria required by Meridian City Resolution 158, and the Idaho
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF TREMONT PLACE SUBDIVISION - 4
State Tax Commission.
19.
A development agreement was required for this project, as a .
condition of the original rezoning of the property.
20.
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:
20.1 The applicant's request for an R-8 zone with "no conditions" can
obviously not be granted; however, the original conditions shall
be modified to provide as follows:
A.
that 100% of houses in the subject project need not be a
minimum of 1,301 sq.ft. but the developer shall comply
with Meridian City Zoning and Development Ordinance 2-
411 (D)(2) and (3);
B.
single family housing be allowed in lieu of townhouse
development; and
c.
that the subject property need not be developed as a
planned development under the conditional use permit
process.
20.2 The proposed sewer profiles submitted with the application
indicate that the sewer system is being proposed at less than
minimum grades and, in some cases, less than minimum depths.
Fill material must be used if necessary to achieve the desired
design criteria.
20.3 Water service to this site is to come from existing 6" main located
in W. Eighth Street and Broadway Avenue.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF TREMONT PLACE SUBDIVISION - 5
20.4 The pressurized irrigation system within this development is to
be owned and maintained by the Nampa & Meridian Irrigation
District. .
20.5 The City of Meridian requires that street centerline elevations be
designed to provide a minimum of 3 feet separation from the
seasonal high groundwater elevation.
20.6 Applicant shall not pipe the Nine Mile Drain and shall provide a
multiple use pathway along the drain and utilize Nine Mile Drain
as an amenity to the development.
CONCLUSIONS OF LAW
1.
The Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within the City and State.
2.
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.
3.
The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
3.1
This proposed zoning amendment falls within the scope and
policies of the City's Comprehensive Plan.
4.
The requested zoning of Medium Density Residential (R-8)
without conditions is defined in the Zoning Ordinance at 11-2-408B(7) as follows:
(R-8) Medium Density Residential District: The
purpose of the (R-8) District is to permit the establishment
of single- and two-family dwellings at a density not
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF TREMONT PLACE SUBDIVISION. 6
exceeding eight (8) dwelling units per acre. This district
delineates those areas where such development has or is
likely to occur in accord with the Comprehensive Plan of
the City and is also designed to pennit the conversion of
large homes into two-family dwellings in well-established
neighborhoods of comparable land use. Connection to the
Municipal Water and Sewer systems of the City of
Meridian is required.
5.
That Section 11-2-409, ZONING SCHEDULE OF USE
CONTROL, A, Residential, lists residential uses allowed in the R-4, R-8, R-15 and R-
40 zone.
6.
That Idaho Code § 67-6511 provides and requires that the City
shall establish by ordinance one or more zones or zoning districts in accordance with
the adopted Comprehensive Plan and the ordinance establishing zoning districts can
be amended with particular consideration 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 City's planning jurisdiction and that it
is in conformance with the Comprehensive Plan.
7.
§ 11-2-407 A ZONING DISTRICT MAP provides in part as
follows:
The districts established in this Ordinance as shown on the
Official Zoning Map, together with all explanatory matter thereon, are
hereby adopted as part of this Ordinance. Where uncertainty exists
with respect to the boundaries of any of the zoning districts as shown
on the Official Zoning Map, the following shall apply:
7.1
Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of-way lines,
streams, lakes or other bodies of water, the centerline shall be
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF TREMONT PLACE SUBDIVISION - 7
8.
construed to be such boundary;
7.2
Where district boundaries are so indicated that they
approximately follow the lot lines, such lot lines shall be
construed to be said boundaries;
7.3
Where district boundaries are so indicated that they are
approximately parallel to the centerlines or street lines of streets,
or the centerlines or right-of-way lines of highways, such district
boundaries shall be construed as being parallel thereto and at
such distance therefrom as indicated on the Official Zoning Map.
If no distance is given, such dimensions shall be determined by
the use of the scale shown on the Official Zoning Map; and
7.4
Where the boundary of a district follows a railroad line, such
boundary shall be deemed to be located in the middle of the main
traclç,s of said railroad line.
That § 11-2-416 K GENERAL STANDARDS APPLICABLE TO
ZONING AMENDMENTS provides in part as follows:
The Commission and Council shall review the particular facts and
circumstances of each proposed zoning amendment in tenns of the
following standards and shall find adequate evidence answering the
following questions about the proposed zoning amendment:
1.
2.
3.
4.
Will the new zoning be hannonious with and in accordance with
the Comprehensive Plan and, if not, has there been an
application for a Comprehensive Plan amendment;
Is the area included in the zoning amendment intended to be
rezoned in the future;
Is the area included in the zoning amendment intended to be
developed in the fashion that would be allowed under the new
zoning - for example, a residential area turning into commercial
area by means of conditional use permits;
Has there been a change in the area or adjacent areas which may
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF TREMONT PLACE SUBDIVISION - 8
10.
11.
12.
dictate that the area should be rezoned. For example, have the
streets been widened, new railroad access been developed or .
planned or adjacent area being developed in a fashion similar'to
the proposed rezone area;
5.
Will the proposed uses be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance with
the existing or intended character of the general vicinity and that
such use will not change the essential character of the same area;
6.
Will the proposed uses not be hazardous or disturbing to existing
or future neighboring uses;
7.
Will the area be served adequately by essential public facilities
and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water, sewer or that the
person responsible for the establishment of proposed zoning
amendment shall be able for the establishment of proposed
zoning amendment shall be able to provide adequately any of
such services;
8.
Will not create excessive additional requirements at public cost
for public facilities and services and will not be detrimental to the
economic welfare of the community;
9.
Will the proposed uses not involve uses, activities, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by
reason of e.;{cessive production of traffic, noise, smoke, fumes,
glare or odors;
Will the area have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic
on surrounding public streets;
Will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
Is the propos'ed zoning amendment in the best interest of the
City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF TREMONT PLACE SUBDIVISION - 9
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND
FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH
ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order:
1.
That the City Attorney shall prepare for consideration by the
City Council the appropriate ordinance for the redesignation of the zoning for the
real Property included in the application to (R-8) Medium Density Residential.
2.
The Meridian City Council hereby approves the rezoning as
requested by the Applicant for the property described in the application subject to
the following:
2.2
2.3
2.1
a.
that 100% of houses in the subject project need not be a
minimum of 1,301 sq.ft. but the developer shall comply
with Meridian City Zoning and Development Ordinance 2-
411 (0)(2) and (3);
b.
single family housing be allowed in lieu of townhouse
development; and
c.
that the subject property need not be developed as a
planned development under the conditional use permit
process.
The proposed sewer profiles submitted with the application
indicate that the sewer system is being proposed at less than
minimum grades and, in some cases, less than minimum depths.
Fill material must be used if necessary to achieve the desired
design criteria.
Water servicè to this site is to come from existing 6" main located
in W. Eighth Street and Broadway Avenue.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF TREMONT PLACE SUBDIVISION - 10
2.4
2.5
2.6
2.7
The pressurized irrigation system within this development is to
be owned and maintained by the Nampa & Meridian Irrigation
District.
The City of Meridian requires that street centerline elevations be
designed to provide a minimum of 3 feet separation from the
seasonal high groundwater elevation.
Applicant shall not pipe the Nine Mile Drain and shall provide a
multiple use pathway along the drain and utilize Nine Mile Drain
as an amenity to the development.
Developer enter into a Development Agreement, that provides in
the event the conditions therein are not met by the Developer the
rezoning to Medium Density Residential (R-8) will be declared
null and void.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF TREMONT PLACE SUBDIVISION - 11
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 the
issuance or denial of the rezoning 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
J"LLnL
~, 1999.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED~
VOTED~
COUNCILMAN GLENN BENTLEY
COUNCILMAN KEITH BIRD
VOTED~
VOTED~
COUNCILMAN CHARLIE ROUNTREE
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: {QJ / I q9
I
VOTED-
MOTION: ~
APPROVED: ~
DISAPPROVED:-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF TREMONT PLACE SUBDIVISION - 12
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
By: Jfi~~¡Je~ ( r;-
City Clerk
Dated:
1;-1- ere¡
ey/Z:\Work\!VI\lvleridian 15360M\TremonlPlace Plal&RezIRZ,fcs
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF TREMONT PLACE SUBDIVISION - 13