Verona Subdivision AZ 03-005
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 06113103 02:23 PM
DEPUTY Bonnie Oberbillig
RECORDED - REQUEST OF
Meridian City
AMOUNT .00
46
111111111I11111I111111111111111111111
103097612
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
3.
City of Meridian
E.L. Hews and Shirley Hews, Owners
Primeland Development, LLP, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 2.1r!: day of hz.-a~ ,2003, by and between CITY OF
MERIDIAN, a municipal corporation 0 eState ofldaho, hereafter called "CITY', and
E.L. HEWS AND SHIRLEY HEWS, husband and wife, hereinafter called "OWNERS",
whose address is 5204 N. Sorrento Circle, Boise, Idaho 83704, andPRIMELAND
DEVELOPMENT, LLP, hereinafter called "DEVELOPER", whose address is 660 E.
Franklin Road, Suite 110, Meridian, Idaho 83642.
1.
RECITALS:
1.1 WHEREAS, "OWNERS" are the sole owners, in law and/or
equity, of certain tract ofland in the County of Ada, State ofldaho,
described in Exhibit A for each owner, which is attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as the "Property"; and
1.2 WHEREAS, I.C. ~ 67-651 lA, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the "Owners" or "Developer" make a written commitment
concerning the use or development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Owners" and "Developer" have submitted an
application for annexation and zoning of the "Property" described
in Exhibit A, and has requested a designation of (R-8) Medium
Density Residential District (Municipal Code of the City of
Meridian); and
DEVELOPMENT AGREEMENT (AZ-03-005)
PAGE I of22
1.5 WHEREAS, "Owners" and "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
1.6 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
1.7 WHEREAS, City Council, the :?rdayof tJ-utf ,2003,
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
1.8 WHEREAS, the Findings require the "Owners" and "Developer"
to enter into a development agreement before the City Council
takes fmal action on annexation and zoning designation; and
1.9 "OWNERS" and "DEVELOPER" deem it to be in their best
interest to be able to enter into this Agreement and acknowledge
that this Agreement was entered into voluntarily and at their urging
and requests; and
1.9 WHEREAS, "City" requires the "Owners" and "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 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 amended Comprehensive Plan of the City of
Meridian adopted August 6, 2003, Resolution No. 02-382, and the
DEVELOPMENT AGREEMENT (AZ-OJ-005)
PAGE 2 of 22
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 ofthe same requires
otherwise:
3.1 "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 ofldaho, organized and existing by virtue
oflaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
3.2 "OWNERS": means and refers to E. 1. Hews and Shirley Hews,
husband and wife, whose address is 5204 N. Sorrento Circle,
Boise, Idaho 83704, the parties developing said "Property" and
shall include any subsequent owner(s)/developer(s) of the
"Property".
3.3 "DEVELOPER": means and refers to Primeland Development,
LLP, whose address is 660 E. Franklin Road, Suite 110, Meridian,
Idaho 83642 the party developing said "Property" and shall include
any subsequent owner(s)/developer(s) of the "Property".
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 describing the parcels to be annexed and
zoned R-8 attached hereto and by this reference incorporated
herein as if set forth at length.
DEVELOPMENT AGREEMENT (AZ-03-005)
PAGE 3 of22
4.
USES PERMITTED BY TillS 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 Section 11-7-2 (D.) which are herein specified as
follows:
Construction and development for a Planned Development
consisting of 146 detached single-family homes, 20 townhomes, 6
office lots, and 16 open space lots, including addition to
Community Park.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and
"Developer" have submitted to "City" an application for conditional 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 "Owners" and "Developer" shall develop the "Property" in accordance
with the following special conditions:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
ANNEXATION AND ZONING CONDTIONS OF APPROVAL
1. Remove any existing domestic wells and/or septic systems within this project
per City Ordinance 9-1-4, when services are available from the City of Meridian.
Wells may be used for non-domestic purposes such as landscape irrigation.
2. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adj acent and contiguous to the parcel shall be tiled per
City Ordinance 12-4-13. Plans will need to be approved by the appropriate
DEVELOPMENT AGREEMENT (AZ-03-005)
PAGE 4 of22
irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. Iflateral users
association approval can't be obtained, plans will be reviewed and approved by the
Meridian City Engineer prior to final plat signature.
3. A Development Agreement shall be entered into between the "Owners" and
"Developer" and the "City" that will require, among other conditions, that all future
office/church uses obtain conditional use permit approval prior to development, and
the timing sf park ilHflFl:lvements slleh as lan8sGapiag, sj'lriflklefS, parking let
6eftSWeaeR aaEi pathway construction. (See letter D. hereinbelow pursuant to
Council action taken at their May 13, 2003 meeting.)
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1. Dedicate 38-feet of right-of-way from the centerline ofTen Mile Road (an
additional 13-feet of right-of-way) and place the sidewalk within an easement on
the proposed common lot (a minimum of 41-feet from centerline, as proposed. If
the applicant wishes to consider other options for the right-of-way and
construction of sidewalk on Ten Mile Road, the applicant may select one ofthe
options found in Finding for Consideration #2. (See letter D. herein below
pursuant to Council action taken at their May 13, 2003 meeting.)
2. The applicant shall do one of the following:
a. Dedicate by donation an additionallO-feet of right-of-way along
McMillan Road, and construct a minimum 5-foot wide concrete sidewalk
along McMillan Road, located a minimum of28-feet from the centerline
of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum
5-foot wide concrete sidewalk along McMillan Road, located a minimum
of 28-feet from the centerline ofthe right-of-way, in an easement provided
to the District.
c. Do not dedicate additional right-of-way, but construct a minimum
5-foot wide concrete sidewalk along McMillan Road, located at the back
DEVELOPMENT AGREEMENT (AZ-03-005)
PAGE 5 of22
edge of the existing right-of-way. Accomplish all necessary adjustments
to properly accommodate existing drainage and utilities.
3. Construct a main entrance, Desert Breeze Avenue (identified on the site
plan as West Carrara Drive), to intersect with McMillan Road approximately 970-
feet-east ofTen Mile Road, as proposed.
4. Construct a main entrance, Carrara Drive, to intersect Ten Mile Road
approximately 850-feet north of McMillan Road, as proposed.
5. Construct a main entrance, West Bellagio Drive, to intersect Ten Mile
Road approximately 140-feet south of the north property line, as proposed.
6. Construct Bellagio Drive as a 36-foot street section with curb, gutter and
5-foot concrete sidewalk on the south side of the roadway and a IO-foot detached
asphalt pathway on the north side of the roadway within 50-feet of right-of-way
with no front on housing, as proposed. Provide the District with an easement for
the sidewalk that will extend outside of the right-of-way, Direct access and
parking is prohibited on West Bellagio Drive.
7. Construct West Carrara Drive as a 40-foot street section with vertical curb,
gutter and 5-foot concrete sidewalk within 54-feet of right-of-way.
8. Construct the internal roadways as 33-foot street sections with curb, gutter
and 5-foot-attached sidewalks within 50-feet of right-of-way, as proposed.
Provide the District with documentation showing that the appropriate fire
department has reviewed and approved this street section unless otherwise
approved by the District.
9. Extend San Marino Street from the east property line approximately 1,260-
feet north of McMillan Road, as proposed.
10. Extend West Cosenza Street from the east property line approximately
710-feet south of the north property line, as proposed
11. Extend West Malta Drive from the east property line approximately 125-
feet south of the north property line, as proposed.
12. Construct one cul-de-sac turnaround within the subdivision, as proposed.
Provide a minimum turning radius of 45-feet.
DEVELOPMENT AGREEMENT (AZ-03-005)
PAGE 60f22
13. Construct islands within West Carrara Drive and Bellagio Drive, as
proposed. Provide a minimum 21-foot street section (measured back-of-curb to
back-of-curb). Any proposed landscape islands/medians within the public right-
of-way dedicated by this plat shall be owned and maintained by a homeowners
association. Notes of this shall be required on the final plat.
14. Construct a driveway on the west side of East Carrara Drive approximately
230-feet north of McMillan Road, as proposed
15. Construct a driveway on the east side of East Carrara Drive approximately
350-feet north of McMillan Road, as proposed
16. Construct a driveway on the east side of East Carrara Drive approximately
750-feet north of McMillan Road, as proposed.
17. Construct a driveway on the north side of East Carrara Drive
approximately 180-feet east ofTen Mile Road, as proposed.
18. Construct a driveway on the north side of East Carrara Drive
approximately 340-feet east ofTen Mile Road, as proposed.
19. Construct a driveway on the north side of East Carrara Drive
approximately 500-feet east ofTen Mile Road, as proposed.
20. Pave the driveways their full width and at least 30-feet into the site beyond
the edge of pavement of the roadway and install pavement tapers with IS-foot
radii abutting the existing roadway edge.
21. Construct a southbound turn lane at the intersection of Bell agio Drive and
Ten Mile Road. Coordinate the design of the turn lane with District staff.
22. Construct a southbound turn lane at the intersection of Carrara Drive and
Ten Mile Road. Coordinate the design of the turn lane with District staff.
23. Construct an eastbound left-turn lane at the intersection of Carrara Drive
and McMillan Road. Coordinate the design of the turn lane with District staff.
24. Construct a westbound right-turn lane at the intersection of Carrara Drive
and McMillan Road. Coordinate the design of the turn lane with District staff.
DEVELOPMENT AGREEMENT (AZ-03-005)
PAGE 70f22
25. Enter into a development agreement with ACHD that outlines right-of-way
acquisition, costs, timing and payment; and shall also include an agreement that
this development shall be subject to any extraordinary impact fee, LID or other
funding source established by the District to improve the surrounding roadways;
or shall be subject to the development's proportionate share of surrounding
roadway improvements as established by the applicant's traffic impact study.
26. The applicant is donating 13 feet of additional right-of-way subject to
receiving a credit against any extraordinary impact fees, if such extraordinary
impact fees are imposed on this development. (See letter D. hereinbelow pursuant
to Council action taken at their May 13, 2003 meeting.)
27. Other than the access points specifically approved with this application,
direct lot access to West Bellagio Drive, Ten Mile Road and West McMillan
Road is prohibited. Notes of this shall be noted on the final plat.
28. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-
way.
2. All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may
be damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact Construction Services at 387-
6280 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
DEVELOPMENT AGREEMENT (AZ-03-005)
PAGE 8 of 22
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to
issuance of building permit (or other required permits), which incorporates any
required design changes.
7. Construction, use and property development shall be in conformance with
all applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #197, also known as Ada County
Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within
the right-of-way. Existing utilities damaged by the applicant shall be repaired by
the applicant at no cost to ACHD. The applicant shall be required to call
mGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid
unless they are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
II. Any change by the applicant in the planned use of the property which is
the subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
DEVELOPMENT AGREEMENT (AZ-03-005)
PAGE 9 of22
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of2 hours to service the entire project. Fire hydrants shall be placed
an average of 400' apart. 1997 UFC Appendix ill-A
2. Commercial and office occupancies will require a fire-flow consistent with the
Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an
average of 400' apart. 1997 UFC Appendix III-A
3. The fire department requests that any future signalization installed as the result
of the development of this project be equipped with Opticom Sensors to ensure a safe
and efficient response by fire and emergency medical service vehicles. Tliis eest ef
this iBstal.latieB is te Be Beme By the 6eveleper. (See letter D.2. hereinbelow pursuant
to Council taken at their May 13, 2003 meeting.)
4. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
5. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department through the City Engineering Department.
6. All roads shall have a turning radius of28' inside and 48' outside.
7. All access roads within the project shall have a clear driving surface with a
minimum width of 20' available at all times. Typical street width of 34' will be
allowed to have parking on both sides. The typical collector street with a width of29'
will be required to have restricted parking to only one side. UFC 902.2.2.1 (See letter
D. hereinbelow pursuant to Council action taken at their May 13, 2003 meeting.)
8. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
9. The phasing plan may require that any roadway greater than 150' in length that
is not provided with an outlet shall be required to have a turnaround.
10. A minimum of two points of access will be required for any portion of the
project, which serves more than 50 homes. This may be a concern during the phasing
of the project. UFC 902.2.1
11. The proposed 174-lot subdivision with an estimated 2.9 residents per household
would have a total estimated population of 504 residents at build out. The 6 office lots
DEVELOPMENT AGREEMENT (AZ-03-005)
PAGE 10 of22
will have an unknown transient population and will have an unknown impact on
Meridian Fire Department call volume.
D. Adopt the action of the Council taken at their May 13, 2003 meeting as follows:
1. Under the Annexation and Zoning Conditions of Approval item A-3, the
applicant shall construct the ten-foot-wide asphalt pathway, collector roadway,
sewer and water service, and 20-foot collector landscaping. No park
improvements are proposed such as a parking lot or additional landscaping. The
applicant will donate the park area without requesting park impact fee credits.
2. The applicant's project does not warrant a signal; however, future development
of the community park may require signalization. The funding of any Opticom
improvements should be borne by the heavy traffic generator.
3. The applicant shall be required to provide common driveway access for Lots 9,
10,25 and 26 of Block 3, and for Lots 27 and 28 of Block 10.
4. Pertaining to the small waste ditch located on the northern edge of the property,
the applicant shall provide a bid from their contractor for the costs to pipe the
ditch. The applicant shall set up a trust fund with the Public Works Department
to place money aside for the future piping of the waste ditch. This trust fund
would help eliminate having to redo any improvements that might be destroyed
when the park is designed and built in the future.
5. In the northwest corner of the property shall be located a storm drainage retention
area The applicant shall landscape and buffer the area and the area shall either
be given to the Parks Department or shall be split off and be retained as a private
ownership.
6. The applicant has donated right-of-way for the project on the arterial for Ten
Mile, and shall not request an impact fee credit, except if extraordinary impact
fees are ever imposed on the project, then the applicant shall be allowed credit for
the value of the donation.
7. Since the applicant donated the easement area for construction of the water main,
latecomer fees for water shall not be assessed, provided that applicant submits to
the City of Meridian a written release, or a copy of an agreement, in which
Farwest Development and Ed Bews agreed to release the applicant/developer
from the latecomer fees.
DEVELOPMENT AGREEMENT (AZ-03-005)
PAGE 11 of22
8. The applicant shall not be required to fence the northerly boundary or fence
adjacent to the phase lines.
9. The applicant will donate 13 additional feet of right-of-way on Ten Mile and
McMillan Roads.
10. All internal roads will be 36' back of curb to back of curb.
11. The preliminary plat dated 4/30/03 is approved.
12. No playground equipment is proposed with this development.
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 "Owners" and "Developer" or "Owners" and
"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 I.C. ~ 67-6509, or any subsequent amendments or
recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owners" and "Developer" consent 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 "Owners" and "Developer" and if the
"Owners" and "Developer" fail to cure such failure within six (6)
months of such notice.
9. INSPECTION: "Owners" and "Developer" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City Engineer and
request the City Engineer's inspections and written approval of such completed
improvements or portion thereof in accordance with the terms and conditions of this
DEVELOPMENT AGREEMENT (AZ-03-005)
PAGE 12 of22
Development Agreement and all other ordinances of the "City" that apply to said
Development.
10.
DEFAULT:
10.1 In the event "Owners" and "Developer", "Owners" and
"Developer's" heirs, successors, assigns, or subsequent owners of
the "Property" or any other person acquiring an interest in the
"Property", fail to faithfully comply with all of the terms and
conditions included in this Agreement in connection with the
"Property", this Agreement may be modified or terminated by the
"City" upon compliance with the requirements of the Zoning
Ordinance.
1 0.2 A waiver by "City" of any default by "Owners" and "Developer" of
anyone or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any
other rights or remedies of "City" or apply to any subsequent
breach of any such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owners" and "Developer's" cost, and submit proof of such recording to "Owners" and
"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.
12. WNING: "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 "Owners" and "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.
DEVELOPMENT AGREEMENT (AZ-03-005)
PAGE 13 of22
13.1 In the event ofamaterial breach of this Agreement, the parties
agree that "City" and "Owners" 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
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.
13.2 In the event the performance of any covenant to be performed
hereunder by either "Owner" and "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 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 ofthe
improvements, which the "Owners" and "Developer" agree to provide, if required by the
"City".
15. CERTIFICATE OF OCCUPANCY: The "Owners" and "Developer"
agree that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" and "Owners" 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".
16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and
"Developer" agree 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.
DEVELOPMENT AGREEMENT (AZ-03-005)
PAGE 14 of22
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:
OWNERS:
c/o City Engineer
City of Meridian
660 E. Watertower Lane, Ste. 200
Meridian, ID 83642
E.1. Bews and Shirley Bews
5204 N. Sorrento Drive
Boise, Idaho 83704
with copy to:
DEVELOPER:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
PRIMELAND DEVELOPMENT, LLP
660 E. Franklin Road, Suite 110
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 "Owners" of the "Property", each
DEVEWPMENT AGREEMENT (AZ-03-005)
PAGE 15 of22
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 "Owners" and
"Developer", to execute appropriate and recordable evidence oftermination of this
Agreement if "City", in its sole and reasonable discretion, has determined that "Owners"
and "Developer" have fully performed their 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 "Owners" and
"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 "Owners" and "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".
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-03-005)
PAGE 16 of22
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNERS/BEWS:
BY:
E.1. Bews
-~
'I
Byd~ /i,~
Shirley Be
DEVELOPER!
PRlMELAND DEVELOPMENT COMPANY,
LLP:
B~'. .J2-AJ~~
Attest:
BY:
DEVELOPMENT AGREEMENT (AZ-03-005)
PAGE 17 of22
CITY OF MERIDIAN
BY: RB~~~'J
MAYOR ROBERT D. CORRIE
STATE OF IDAHO )
: ss:
COUNTY OF ADA )
Attest:
~~kJ-~,~
CITY CLERK . .
On this Z'1tL day of ;1"1 ,intheyear2003,before
me, a Notary Public, personally appeared E. 1. BEWS and SHIRLEY BEWS, husband and
wife, known or identified to me to be the persons who executed the instrument and
acknowledged to me that they executed the same.
(SEAL)
NOtary~~~J
Residing at: ~ '>-<- . .I 0
Commission expires: 3/11 loy
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DEVELOPMENT AGREEMENT (AZ-03-005)
PAGE 18 of22
STATE OF IDAHO)
:ss
COUNTY OF ADA )
On this Z~tt day of /1~ ' in the year
2003, before me, a Notary Public, personally appeared Fr Varnale, known or Identified
to me to be the Managing Partner of PRIME LAND DEVELOPMENT COMPANY, LLP, the
person who executed the instrument and acknowledged to me that he has executed the same
on behalf of said limited liability partnership.
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Notary Pu lic for Idaho '
Residing at: /).n' ~. .I-I)
Commission expires: 9/7 (0'-1-
STATE OF IDAHO )
:ss
County of Ada )
On this ~ day of -JUfl.6 . , in the year 2003,
before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg,
Jr., known or identified to me to be the Mayor and Clerk, respectively, of the City of
Meridian, who executed the instrument or the persons that executed the instrument of
behalf of said City, and acknowledged to me that such City executed the same.
(SEAL)
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Notary Public for Idaho
Residing at: M WUu.if Jda./t.-J
Commission expires: 1- 28 -()':O
DEVELOPMENT AGREEMENT (AZ-03-005)
PAGE 19 OF 22
EXHIBIT A
LeI!al Description Of Property
A parcel ofland being a portion of the W Y2 of the SW V. of Section 26,
Township 4 North, Range 1 West of the Boise Meridian, Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the northwest corner of the SW V. (W V. corner) of
Section 26, T. 4N., R. 1 W., B.M., thence S 89008'53" E 25.00 feet along
the north line of said SW V. to a point on the east right-of-way ofN. Ten
Mile Road, the REAL POINT OF BEGINNING of this description.
Thence continuing S 89008'53" E 1283.33 feet along said north line to the
northeast corner of the W Y2 of said SW V.;
Thence S 00029'44" W 2603.06 feet along the east line of said W Y2 of the
SW V. to a point;
Thence N 88059'04" W 20.00 feet to a point;
Thence S 00029'44" W 20.00 feet to a point on the north right of way of
W. McMillan Road;
Thence N 88059'04" W 426.46 feet along said north right of way to a
point;
Thence N 00021 '49" E 633.98 feet to a point of curvature;
Thence along a curve to the left 222.97 feet, said curve having a radius of
155.00 feet, a delta angle of 82025'10", tangents of 135.74 feet, and a long
chord bearing N 40050'46" W 204.23 feet to a point of tangency;
Thence N 82003'21" W 305.24 feet to a point;
Thence N 88058'19" W 393.13 feet to a point on the east right of way of
N. Ten Mile Road;
DEVELOPMENT AGREEMENT (AZ-03-005)
PAGE 20 OF 22
Thence N 00020'43" E 1796.47 feet along said east right of way to the
REAL POINT OF BEGINNING this description, said parcel containing
61.69 acres, more or less.
DEVELOPMENT AGREEMENT (AZ-03-005)
PAGE 21 OF 22
EXHIBIT B
Findin2S of Fact and Conclusions of Law/Conditions of Approval
Z:\Work\M\Meridian\Meridian 15360M\Verona Subdivision AZ.03-005 PP.03-003 CUP-03-007\DevelopAsr.doc
DEVELOPMENT AGREEMENT (AZ-03-005)
PAGE 22 OF 22
BEFORE THE MERIDIAN CITY COUNCIL
C/C 05/13/03
PRIMELAND DEVELOPMENT,
LLP
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION )
AND ZONING OF 61.69 ACRES TO )
R-8 ZONE FOR VERONA )
SUBDIVISION, LOCATED ON THE )
NORTHEAST CORNER OF W. )
McMILLAN ROAD AND N. TEN )
MILE ROAD, MERIDIAN, IDAHO )
)
)
)
)
Case No. AZ-03-005
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on May 13, 2003, at the hour of7:00 p.m., and Brad Hawkins-Clark Planner ill for the Planning
and Zoning Department; Brad Watson City Engineer; and Becky McKay, appeared and testified,
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, and Decision and Order:
FINDINGS OF FACT
1. There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~~ 67-6509 and 67-6511, and Meridian City Code ~~ 11_15-5 and 11-16-1.
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 1 OF 24
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3. The property which is the subject of the application for annexation and
zoning as described in the application, is approximately 61.69 acres in size and is located on the
northeast corner ofW. McMillan Road and N. Ten Mile Road, Meridian, all within the Area of
Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the
Meridian Comprehensive Plan.
4. The owner of record of the subject property are E.1. and Shirley Bews, 5204 N.
Sorrento Circle, Boise, Idaho 83704. Applicant is Primeland Development, LLP, 660 E. Franklin
Road, Suite 110, Meridian, Idaho 83642.
5. The property is presently zoned RUT (Ada County) and C-G (General Retail and
Service Commercial) and consists of vacant land.
6. The Applicant requests the property be zoned as R-8 (Medium Density
Residential).
7. The subject property is bordered to the north by a future City park (Lochsa Falls
Subdivision, zoned R-4), to the south by Bridgetower Subdivision (zoned R-4 and C-G), to the
east by Lochsa Falls Subdivision (zoned R-4), and to the west by rural residential properties
(zoned RUT, Ada County).
8. The Applicant proposes to develop the subject property in the following manner:
Planned Development consisting of 146 detached single-family homes, 20 townhomes, 6 office
lots, and 16 open space lots, including addition to Community Park.
9. The Applicant requests zoning of the subject real property as R-8 (PD) which is
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 2 OF 24
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Medium Density Residential.
10. There are no significant or scenic features ofmajor importance that affect the
consideration of this application.
11. Giving due consideration to the comments 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:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
ANNEXATION AND ZONING CONDTIONS OF APPROVAL
I. Remove any existing domestic wells and/or septic systems within this project per City
Ordinance 9-1-4, when services are available from the City of Meridian. Wells may be used
for non-domestic purposes such as landscape irrigation.
2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-
13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral
users association (ditch owners), with written approval or non-approval submitted to the
Public Works Department. Iflateral users association approval can't be obtained, plans will
be reviewed and approved by the Meridian City Engineer prior to final plat signature.
3. A Development Agreement shall be entered into between the Developer and the City
of Meridian that will require, among other conditions, that all future office/church uses
obtain conditional use permit approval prior to development and the tiHHHg sf j3Bf"k
ilHfll'ElYilHlilRtG sitek as lantlsellJ3Utg, 5jlrifllclers, j3l1fkffig let e6ftstruetioH and pathway
construction. (See letter D. hereinbelow pursuant to Council action taken at their May 13,
2003 meeting.)
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXA nON
AND ZONING VERONA SUBDMSION (AZ-03-005)
PAGE 3 OF 24
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1. Dedicate 38-feet of right-of-way from the centerline ofTen Mile Road (an
additional 13-feet of right-of-way) and place the sidewalk within an easement on the
proposed common lot (a minimum of 41-feet from centerline, as proposed. Ifthe
applicant wishes to consider other options for the right-of-way and construction of
sidewalk on Ten Mile Road, the applicant may select one of the options found in Finding
for Consideration #2. (See letter D. herein below pursuant to Council action taken at their
May 13, 2003 meeting.)
2. The applicant shall do one of the following:
a. Dedicate by donation an additionallO-feet of right-of-way along
McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along
McMillan Road, located a minimum of 28- feet from the centerline of the right-of-
way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from
the centerline of the right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along McMillan Road, located at the back edge of the
existing right-of-way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
3. Construct a main entrance, Desert Breeze Avenue (identified on the site plan as
West Carrara Drive), to intersect with McMillan Road approximately 970-feet-east of
Ten Mile Road, as proposed.
4. Construct a main entrance, Carrara Drive, to intersect Ten Mile Road
approximately 850-feet north of McMillan Road, as proposed.
5. Construct a main entrance, West Bellagio Drive, to intersect Ten Mile Road
approximately 140- feet south of the north property line, as proposed.
6. Construct Bellagio Drive as a 36-foot street section with curb, gutter and 5-foot
concrete sidewalk on the south side of the roadway and a 10-foot detached asphalt
pathway on the north side of the roadway within 50-feet of right-of-way with no front on
housing, as proposed. Provide the District with an easement for the sidewalk that will
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDMSION (AZ-03-005)
PAGE 4 OF 24
extend outside of the right-of-way. Direct access and parking is prohibited on West
Bellagio Drive.
7. Construct West Carrara Drive as a 40-foot street section with vertical curb, gutter
and 5-foot concrete sidewalk within 54-feet of right-of-way.
8. Construct the internal roadways as 33-foot street sections with curb, gutter and 5-
. foot-attached sidewalks within 50-feet of right-of-way, as proposed. Provide the District
with documentation showing that the appropriate fire department has reviewed and
approved this street section unless otherwise approved by the District.
9. Extend San Marino Street from the east property line approximately 1,260-feet
north of McMillan Road, as proposed.
10. Extend West Cosenza Street from the east property line approximately 710- feet
south of the north property line, as proposed
11. Extend West Malta Drive from the east property line approximately 125-feet
south of the north property line, as proposed.
12. Construct one cul-de-sac turnaround within the subdivision, as proposed. Provide
a minimum turning radius of 45-feet.
13. Construct islands within West Carrara Drive and Bellagio Drive, as proposed.
Provide a minimum 21-foot street section (measured back-of-curb to back-of-curb). Any
proposed landscape islands/medians within the public right-of-way dedicated by this plat
shall be owned and maintained by a homeowners association. Notes ofthis shall be
required on the final plat.
14. Construct a driveway on the west side of East Carrara Drive approximately 230-
feet north of McMillan Road, as proposed
15. Construct a driveway on the east side of East Carrara Drive approximately 350-
feet north of McMillan Road, as proposed
16. Construct a driveway on the east side of East Carrara Drive approximately 750-
feet north of McMillan Road, as proposed.
17. Construct a driveway on the north side of East Carrara Drive approximately 180-
feet east ofTen Mile Road, as proposed.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 5 OF 24
18. Construct a driveway on the north side of East Carrara Drive approximately 340-
feet east ofTen Mile Road, as proposed.
19. Construct a driveway on the north side of East Carrara Drive approximately 500-
feet east ofTen Mile Road, as proposed.
20. Pave the driveways their full width and at least 30-feet into the site beyond the
edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting
the existing roadway edge.
21. Construct a southbound turn lane at the intersection of Bellagio Drive and Ten
Mile Road. Coordinate the design of the turn lane with District staff.
22. Construct a southbound turn lane at the intersection of Carrara Drive and Ten
Mile Road. Coordinate the design of the turn lane with District staff.
23. Construct an eastbound left-turn lane at the intersection of Carrara Drive and
McMillan Road. Coordinate the design ofthe turn lane with District staff.
24. Construct a westbound right-turn lane at the intersection of Carrara Drive and
McMillan Road. Coordinate the design of the turn lane with District staff.
25. Enter into a development agreement with ACHD that outlines right-of-way
acquisition, costs, timing and payment; and shall also include an agreement that this
development shall be subject to any extraordinary impact fee, LID or other funding source
established by the District to improve the surrounding roadways; or shall be subject to the
development's proportionate share of surrounding roadway improvements as established
by the applicant's traffic impact study.
26. The applicant is donating 13 feet of additional right-of-way subject to receiving a
credit against extraordinary impact fees, if such extraordinary impact fees are imposed on
this development. (See letter D. hereinbelow pursuant to Council action taken at their
May 13, 2003 meeting.)
27. Other than the access points specifically approved with this application, direct lot
access to West Bellagio Drive, Ten Mile Road and West McMillan Road is prohibited.
Notes of this shall be noted on the final plat.
28. Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDMSION (AZ-03-005)
PAGE 6 OF 24
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the constrnction of the proposed development. Contact Constrnction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Constrnction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State ofIdaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call mGLINE (1-800-
342-1585) at least two full business days prior to breaking ground within ACHD right-of-
way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDMSION (AZ-03-005)
PAGE 7 OF 24
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall be
upon the applicant to obtain written confirmation of any change from the Ada County
Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at the
time the applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. One and two family dwellings will require a fire-flow ofl ,000 gallons per minute available
for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of
400' apart. 1997 UFC Appendix ill-A
2. Commercial and office occupancies will require a fire-flow consistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400'
apart. 1997 UFC Appendix ill-A
3. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. TIH5 eest sf this mstllllatieH is Ie eo
eeme ey the aElvelejler. (See letter D.2. hereinbelow pursuant to Council taken at their May
13,2003 meeting.)
4. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department
through the City Engineering Department.
6. All roads shall have a turning radius of 28' inside and 48' outside.
7. All access roads within the project shall have a clear driving surface with a minimum
width of20' available at all times. Typical street width of34' will be allowed to have parking
on both sides. The typical collector street with a width of29' will be required to have restricted
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDMSION (AZ-03-005)
PAGE 8 OF 24
parking to only one side. UFC 902.2.2.1 (See letter D. herein below pursuant to Council
action taken at their May 13, 2003 meeting.)
8. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
9. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a turnaround.
10. A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes. This may be a concern during the phasing of the project.
UFC 902.2.1
11. The proposed I 74-lot subdivision with an estimated 2.9 residents per household would
have a total estimated population of 504 residents at build out. The 6 office lots and 1 school
lot will have an unknown transient population and will have an unknown impact on Meridian
Fire Department call volume.
D. Adopt the action of the Council taken at their May 13, 2003 meeting as follows:
1. Under the Annexation and Zoning Conditions of Approval item A-3, the applicant shall
construct the ten- foot-wide asphalt pathway, collector roadway, sewer and water service,
and 20- foot collector landscaping. No park improvements are proposed such as a parking
lot or additional landscaping. The applicant will donate the park area without requesting
park impact fee credits.
2. The applicant's project does not warrant a signal; however, future development of the
community park may require signalization. The funding of any Opticom improvements
should be borne by the heavy traffic generator.
3. The applicant shall be required to provide common driveway access for Lots 9, 10,25
and 26 of Block 3, and for Lots 27 and 28 of Block 10.
4. Pertaining to the small waste ditch located on the northern edge of the property, the
applicant shall provide a bid from their contractor for the costs to pipe the ditch. The
applicant shall set up a trust fund with the Public Works Department to place money
aside for the future piping of the waste ditch. This trust fund would help eliminate having
to redo any improvements that might be destroyed when the park is designed and built in
the future.
5. In the northwest comer of the property shall be located a storm drainage retention area.
The applicant shall landscape and buffer the area and the area shall either be given to the
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 9 OF 24
Parks Department or shall be split off and be retained as a private ownership.
6. The applicant has donated right-of-way for the project on the arterial for Ten Mile, and
shall not request an impact fee credit, except if extraordinary impact fees are ever
imposed on the project, then the applicant shall be allowed credit for the value of the
donation.
7. Since the applicant donated the easement area for construction of the water main,
latecomer fees for water shall not be assessed, provided that applicant submits to the City
of Meridian a written release, or a copy of an agreement, in which Farwest Development
and Ed Bews agreed to release the applicant/developer from the latecomer fees.
8. The applicant shall not be required to fence the northerly boundary or fence adjacent to
the phase lines.
9. The applicant will donate 13 additional feet of right-of-way on Ten Mile and McMillan
Roads.
10. All internal roads will be 36' back of curb to back of curb.
11. The preliminary plat dated 4/30/03 is approved.
12. No playground equipment is proposed with this development.
13. It is found that the requested zoning designation, R-8, is in general compliance with
the effective Comprehensive Plan ('02) and Future Land Use Map, which designates the land to be
"Medium Density Residential." The proposed office uses within the subdivision are permissible
under the excepted land use provisions of the MCC (12-6-3). T he Comprehensive P Ian also
designates a community park and a pathway within the proposed subdivision boundaries and they
have been included within the subdivision by the applicant.
14. It is not anticipated that the applicant intends to rezone the subject property in the
future.
15. It is found that the proposed single-family residential subdivision with office uses
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 10 OF 24
would be allowed within the requested zoning designations, if accompanied with a Conditional Use
Permit for a Planned Development.
16. It is found that the land to the east (Lochsa Falls) and south (Bridgetower) of the
property has recently been approved for development similar to the proposed subdivision. It is found
that the requested zoning designations are harmonious with recently approved developments in the
general area and should be rezoned in the requested manner.
17. It is found that the proposed uses (single-family residential and office) will
inevitably change the existing rural character of the subject property; however they do fit in with the
intended character of the general vicinity. The proposed uses are compatible with the
Comprehensive Plan and Future Land Use Map.
18. It is not anticipated that the proposed residential and office uses will be hazardous;
however the traffic and noise they generate may be disruptive to future or existing neighbors.
19. It is found that the property to be annexed will or can be served adequately by all
essential public facilities and services if all conditions of approval are. met by the applicant. The
applicant shall be required to extend water and sanitary sewer mains to and through the proposed
development, thereby making them available to the adjacent properties. The applicant must meet all
requirements of ACHD in order to provide adequate facilities for the proposed and existing street
system. It cannot be recommended for approval for the proposed subdivision if the applicant does
not meet ACHD requirements. Review of the ACHD and Fire Department's comments concerning
this subdivision will provide further information regarding public services and facilities.
20. It is found that there will not be excessive additional requirements at public cost for
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 11 OF 24
public services and facilities, if the applicant complies with the conditions of approval for the
accompanying conditional use permit and preliminary plat applications,
21. It is found that the fact that traffic and noise will increase significantly upon build-out
ofthe proposed subdivision; however it is not felt that the amount generated will be detrimental to
the public welfare of the City if all conditions of approval are met. It is also found that the proposed
subdivision will not involve uses that would create other nuisances that would be detrimental to the
general welfare of the surrounding area.
22. It is found that if the proposed roadways are improved to be in compliance with
ACHD requirements they will not create interference with the existing and proposed public streets.
Review of ACHD comments will show their concern of the vehicular approaches and traffic
generation
23. It is found that no natural or scenic features of major importance will be lost or
damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are
removed shall be mitigated for, per the Landscape Ordinance.
24. It is found that services are available to the proposed subdivision, that the
proposed development is in agreement with the City's Comprehensive Plan and that the project
provides good interconnectivity with both of the adjacent projects. Furthermore, it is found that
the addition of 4.57 acres of City Park land will create a more user-friendly community park
when combined with the park land being developed within the Lochsa Falls Subdivision. It is
also found that annexation ofthe subject property would be in the best interest of the City.
25. It is found that if the developer pays for the requested improvements
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDNISION (AZ-03-005)
PAGE 12 OF 24
and complies with the conditions set forth in these Findings of Fact No. 11, and all sub-parts, the
economic welfare ofthe City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
26. It is also found that the development considerations as referenced in Finding No.
11 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code ~ 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and 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
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDMSION (AZ-03-005)
PAGE 13 OF 24
adoption ofthe Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4. The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Goals 1 through 10, inclusive.
5. The zoning of Medium Density Residential (R-8) is defmed in the Zoning Ordinance
at ~ 11-7-2 D 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 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
permit the conversion of large homes into two-family dwellings in well-established
neighborhoods 0 f comparable I and use. Connection to the municipal water and sewer
systems of the City is required.
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
7. 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, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance, the owner
and/or developer shall enter into a Development Agreement, ifsuch is required by the City.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDMSION (AZ-03-005)
PAGE 14 OF 24
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 61.69 acres to
Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order
hereinafter stated.
2. The application is for annexation and zoning of61.69 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to meet the conditions set forth and, in the event the
conditions herein are not met by the Developer, that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
ANNEXATION AND ZONING CONDTIONS OF APPROVAL
1. Remove any existing domestic wells and/or septic systems within this project per City
Ordinance 9-1-4, when services are available from the City of Meridian. Wells may be used
for non-domestic purposes such as landscape irrigation.
2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-
13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral
users association (ditch owners), with written approval or non-approval submitted to the
Pub lic Works Department. If lateral users association approval can't be obtained, plans will
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDNlSION (AZ-03-005)
PAGE 15 OF 24
be reviewed and approved by the Meridian City Engineer prior to final plat signature.
3. A Development Agreement shall be entered into between the Developer and the City
of Meridian that will require, among other conditions, that all future office/church uses
obtain conditional use permit approval prior to development and tHe timiag sf j'llH"k
i1illpr-ovemeBlB SlIeH as laa6seapiag, SflriBkI8fS, plH"kiftg leteeHotruetioR aHa pathway
construction. (See letter D. hereinbelow pursuant to Council action taken at their May 13,
2003 meeting.)
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1. Dedicate 38-feet of right-of-way from the centerline ofTen Mile Road (an
additional 13-feet of right-of-way) and place the sidewalk within an easement on
the proposed common lot (a minimum of 41- feet from centerline, as proposed. If
the applicant wishes to consider other options for the right-of-way and
construction of sidewalk on Ten Mile Road, the applicant may select one ofthe
options found in Finding for Consideration #2. (See letter D. hereinbelow
pursuant to Council action taken at their May 13, 2003 meeting.)
2. The applicant shall do one ofthe following:
a. Dedicate by donation an additional10-feet of right-of-way along
McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along
McMillan Road, located a minimum of28-feet from the centerline of the right-of-
way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from
the centerline of the right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along McMillan Road, located at the back edge of the
existing right-of-way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
3. Construct a main entrance, Desert Breeze Avenue (identified on the site plan as
West Carrara Drive), to intersect with McMillan Road approximately 970-feet-east of
Ten Mile Road, as proposed.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVlSION (AZ-03-005)
PAGE 16 OF 24
4. Construct a main entrance, Carrara Drive, to intersect Ten Mile Road
approximately 850-feet north of McMillan Road, as proposed.
5. Construct a main entrance, West Bellagio Drive, to intersect Ten Mile Road
approximately 140-feet south of the north property line, as proposed.
6. Construct Bellagio Drive as a 36-foot street section with curb, gutter and 5-foot
concrete sidewalk on the south side of the roadway and a 10-foot detached asphalt
pathway on the north side of the roadway within 50-feet of right-of-way with no front on
housing, as proposed. Provide the District with an easement for the sidewalk that will
extend outside ofthe right-of-way. Direct access and parking is prohibited on West
Bellagio Drive.
7. Construct West Carrara Drive as a 40-foot street section with vertical curb, gutter
and 5-foot concrete sidewalk within 54-feet of right-of-way.
8. Construct the internal roadways as 33-foot street sections with curb, gutter and 5-
foot-attached sidewalks within 50-feet of right-of-way, as proposed. Provide the District
with documentation showing that the appropriate ftre department has reviewed and
approved this street section unless otherwise approved by the District.
9. Extend San Marino Street from the east property line approximately 1,260-feet
north of McMillan Road, as proposed.
10. Extend West Cosenza Street from the east property line approximately 71O-feet
south of the north property line, as proposed
11. Extend West Malta Drive from the east property line approximately 125-feet
south ofthe north property line, as proposed.
12. Construct one cul-de-sac turnaround within the subdivision, as proposed. Provide
a minimum turning radius of 45-feet.
13. Construct islands within West Carrara Drive and Bellagio Drive, as proposed.
Provide a minimum 21-foot street section (measured back-of-curb to back-of-curb). Any
proposed landscape islands/medians within the public right-of-way dedicated by this plat
shall be owned and maintained by a homeowners association. Notes ofthis shall be
required on the final plat.
14. Construct a driveway on the west side of East Carrara Drive approximately 230-
feet north of McMillan Road, as proposed.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 17 OF 24
15. Construct a driveway on the east side of East Carrara Drive approximately 350-
feet north of McMillan Road, as proposed.
16. Construct a driveway on the east side of East Carrara Drive approximately 750-
feet north of McMillan Road, as proposed.
17. Construct a driveway on the north side of East Carrara Drive approximately 180-
feet east ofTen Mile Road, as proposed.
18. Construct a driveway on the north side of East Carrara Drive approximately 340-
feet east ofTen Mile Road, as proposed.
19. Construct a driveway on the north side of East Carrara Drive approximately 500-
feet east of Ten Mile Road, as proposed.
20. Pave the driveways their full width and at least 30-feet into the site beyond the
edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting
the existing roadway edge.
21. Construct a southbound turn lane at the intersection of Bellagio Drive and Ten
Mile Road. Coordinate the design ofthe turn lane with District staff.
22. Construct a southbound turn lane at the intersection of Carrara Drive and Ten
Mile Road. Coordinate the design of the turn lane with District staff.
23. Construct an eastbound left-turn lane at the intersection of Carrara Drive and
McMillan Road. Coordinate the design of the turn lane with District staff.
24. Construct a westbound right-turn lane at the intersection of Carrara Drive and
McMillan Road. Coordinate the design of the turn lane with District staff.
25. Enter into a development agreement with ACHD that outlines right-of-way
acquisition, costs, timing and payment; and shall also include an agreement that this
development shall be subject to any extraordinary impact fee, LID or other funding source
established by the District to improve the surrounding roadways; or shall be subject to the
development's proportionate share of surrounding roadway improvements as established
by the applicant's traffic impact study.
26. The applicant is donating 13 additional feet of right-of-way subject to receiving a
credit against extraordinary impact fees, if such extraordinary impact fees are imposed on
this development. (See letter D. hereinbelow pursuant to Council action taken at their
May 13, 2003 meeting.)
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPUCATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 180F24
27. Other than the access points specifically approved with this application, direct lot
access to West Bellagio Drive, Ten Mile Road and West McMillan Road is prohibited.
Notes of this shall be noted on the fmal plat.
28. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280
(with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance # 197, also known as Ada County Highway District
Road Impact Fee Ordinance.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPUCA nON FOR ANNEXATION
AND ZONING VERONA SUBDMSION (AZ-03-005)
PAGE 19 OF 24
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call mGLINE
(1-800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. One and two family dwellings will require a fire-flow of! ,000 gallons per minute available
for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of
400' apart. 1997 UFC Appendix ill-A
2. Commercial and office occupancies will require a fire-flow consistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400'
apart. 1997 UFC Appendix ill-A
3. The fire department requests that any futnre signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This eost oftlHs iBsta1latiOH is te
be berne by the ae'/eleper. (See letter D.2. hereinbelow pursuant to Council taken at their
May 13, 2003 meeting.)
4. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 20 OF 24
5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department
through the City Engineering Department.
6. All roads shall have a turning radius of28' inside and 48' outside.
7. All access roads within the project shall have a clear driving surface with a minimum
width of20' available at all times. Typical street width of34' will be allowed to have parking
on both sides. The typical collector street with a width of 29' will be required to have
restricted parking to only one side. UFC 902.2.2.1 (See letter D. hereinbelow pursuant to
Council action taken at their May 13, 2003 meeting.)
8. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
9. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a twn around.
10. A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes. This maybe a concern during the phasing of the project.
UFC 902.2.1
11. The proposed 174-lot subdivision with an estimated 2.9 residents per household would
have a total estimated population of 504 residents at build out. The 6 office lots will have an
unknown transient population and will have an unknown impact on Meridian Fire
Department call volume.
D. Adopt the action ofthe Council taken at their May 13, 2003 meeting as follows:
1. Under the Annexation and Zoning Conditions of Approval item A-3, the applicant shall
construct the ten-foot-wide asphalt pathway, collector roadway, sewer and water service,
and 20- foot collector landscaping. No park improvements are proposed such as a parking
lot or additional landscaping. The applicant will donate the park area without requesting
park impact fee credits.
2. The applicant's project does not warrant a signal; however, future development of the
community park may require signalization. The funding of any Opticom improvements
should be borne by the heavy traffic generator.
3. The applicant shall be required to provide common driveway access for Lots 9, 10,25
and 26 of Block 3, and for Lots 27 and 28 of Block 10.
4. Pertaining to the small waste ditch located on the northern edge of the property, the
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 21 OF 24
applicant shall provide a bid from their contractor for the costs to pipe the ditch. The
applicant shall set up a trust fund with the Public Works Department to place money
aside for the future piping of the waste ditch. This trust fund would help eliminate having
to redo any improvements that might be destroyed when the park is designed and built in
the future.
5. In the northwest corner of the property shall be located a storm drainage retention area.
The applicant shall landscape and buffer the area and the area shall either be given to the
Parks Department or shall be split off and be retained as a private ownership.
6. The applicant has donated right-of-way for the project on the arterial for Ten Mile, and
shall not request an impact fee credit, except if extraordinary impact fees are ever
imposed on the project, then the applicant shall be allowed credit for the value of the
donation.
7. Since the applicant donated the easement area for construction of the water main,
latecomer fees for water shall not be assessed, provided that applicant submits to the City
of Meridian a written release, or a copy of an agreement, in which Farwest Development
and Ed Bews agreed to release the applicant/developer from the latecomer fees.
8. The applicant shall not be required to fence the northerly boundary or fence adjacent to
the phase lines.
9. The applicant will donate 13 additional feet of right-of-way on Ten Mile and McMillan
Roads.
10. All internal roads will be 36' back of curb to back of curb.
11. The preliminary plat dated 4/30/03 is approved.
12. No playground equipment is proposed with this development.
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-8) Medium Density Residential District, and Meridian City Code S 11-7-2.
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
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVlSION (AZ-03-005)
PAGE 22 OF 24
the official boundaries and zoning maps as provided in Meridian City Code ~ 11-21-1 in accordance
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian.
Pursuant to Idaho Code ~ 67-6521, an affected person is a person who has an interest in real property
which may be adversely affected by the issuance or denial of the annexation and zoning and who
may, within twenty-eight (28) days after the date of this decision and order, seek ajudicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
;Z7~ day of
frt~
,2003.
ROLLCALL
COUNCILMAN KEITH BIRD
VOTED ~
VOTED ~
COUNCILWOMAN TAMMY deWEERD
COUNCIL WOMAN CHERIE Mc CANDLESS
VOTED~
COUNCILMAN WILLIAM 1.M. NARY
VOTED ~
-
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: ~~ 27-tJ3
VOTED
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDIVISION (AZ-03-005)
PAGE 23 OF 24
MOTION: V
APPROVED:--4- DISAPPROVED:
'7>>i6
~~(~~,
Attest:
William G. Berg, Jr., Ci
By:..JI~4-~( ~ated: y i?B- tJ.3
City Clerk
,
,
Z,\WorkIMlMeridillrllMeridian 1 5360M\Verona Subdivision AZ-03-OO5 PP-03-OO3 CUP-03-007\AZFtC1&Order.doc
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING VERONA SUBDMSION (AZ-03-005)
PAGE 24 OF 24