Ray & Janet Wilder
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PARTIES: 1.
2.
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.:¡I
ADA CCUNTY~E h
J. DAVID NAV
DEVELOPME~\!ffp> EMENT
ImJN 17 PH 1:25
City of Meridian
Ray W. and Janet Wilder
. RECORDED - REQUEST Of
fEE -60EPUTY M-
ZlPrt9 90 6 0 5 5 9
THIS DEVEL~PMENT AGRE~NT (thiSr~qeement"), is
made and entered into this~ day of f; , by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and RAY W. and JANET WILDER, husband and
wife, hereinafter called "DEVELOPER", whose address is 3340 N. Ten Mile
Road, Meridian, Idaho 83642.
1.
RECITALS:
I.I
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. §67-651 lA, 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 requested a designation of R-4, Low
Density Residential, (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 - I
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1.6
WHEREAS, record of the proceedings request for
annexation and zoning designation of the subject PropeÌty
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 - day of
, 1999, has approved certain Findings of
Fact and Conclusions of Law in decision and order, set
forth in Exhibit ß, which are attached hereto and by this
reference incorporated as if set forth in full, hereinafter
referred to as (the "Findings"); and
1.8
WHEREAS, the "Findings" require the DEVELOPER
enter into a development agreement before the City
Council takes final action on annexation and zoning
designation; and
1.9
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 ensuring that the
property is developed and the subsequent use of "the
Property" is in accordance with the terms and conditions
of this development agreement, herein been established as
a result of evidence received by the City in the proceedings
for annexation and zoning designation from government
subdivisions providing services within the planning
jurisdiction and from affected property owners and to
ensure annexation and zoning designation is in accordance
with the Comprehensive Plan of the City of Meridian
adopted December 21, 1993, Ordinance #629, January 4,
1994, and the Zoning and Development Ordinance
codified in Title 1 I, Municipal Code of the City of
Meridian.
DEVELOPMENT AGREEMENT - 2
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NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows: '
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in fulL
3.
USES PERMITTED BY THIS AGREEMENT:
3.1
3.2
3.3
The uses allowed pursuant to this Agreement are those
uses allowed under CITY's Zoning Ordinance R-4 Low
Density Residential codified at Section 11-2-408 B 3
Municipal Code of the City of Meridian.
DEVELOPER agrees that this Agreement specifically
allows only the uses and/or conditional uses described in
the above referenced Zoning Ordinance on the date thereof
and which uses are specifically incorporated herein.
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
4. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
4.1
DEVELOPER shall develop subject Property including the
obtainment of the appropriate permits and compliance
with CITY ordinances regarding the building permits and
other life safety codes applicable to such development in
accordance with the following special conditions:
4.1.1 Sanitary sewer service to this site is being proposed
to exit the development through a common area lot
near the northwest corner of the subdivision and
drain north to the Five Mile Trunk.
4.1.2 Water service to this site will be via extensions of
mains that are installed in Ustick and Ten Mile
Roads.
4.1.3 Applicant shall designate whether the pressurized
irrigation system within this development is to be
owned and maintained by the Nampa & Meridian
DEVELOPMENT AGREEMENT - 3
...
Irrigation District or if it is their intention for the
system to be owned and maintained by the .
homeowners association.
4.1.4 Results of test hole investigations performed January
25, 1999, indicate that ground water is extremely
shallow (approx, 1.3' from surface) at the north
boundary of Lot 1, Block 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. This is an
effort to ensure that crawl spaces under homes will
be above the ground water. In the event that streets
need to be raised to provide the above mentioned
separation, the grades of the sanitary sewer system
may be able to be adjusted to a more desirable
0.40% slope.
4.1.5 The minimum cover required over the sanitary sewer
mains is 3 feet from finish grade to top of pipe.
ASTM 02241, SDR2I, Class 200 pipe is required
whenever there is less than 3 feet of cover from sub-
grade to the top of pipe.
5. INSPECTION: DEVELOPER shall, immediately upon
completion of any portion or the entirety of said development of the Property,
notify the City Engineer and request the City Engineer's inspections and
written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Development Agreement
and all other ordinances of the City that apply to said Development.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon failure of DEVELOPER or
DEVELOPER's heirs, successors, assigns, to comply with the commitments
contained herein within two (2) years, and after complying with the notice and
hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent
amendments or recodifications thereof. Provided, however, no such consent to
rezone shall occur unless CITY provides written notice of any failure to comply
with this Agreement to DEVELOPER and DEVELOPER fails to cure such
failure within six (6) months of such notice. The two (2) year period of time
DEVELOPMENT AGREEMENT - 4
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for compliance may be extended by CITY for just cause and upon notification
for such by DEVELOPER, and after complying with the notice and hearing'
procedures as outlined in § 67-6509, Idaho Code, or any subsequent
amendments or recodifications thereof.
7. 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.
8. 'ZONING: CITY shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the Property
as specified herein.
9.
DEFAULT
9.1
9.2
In the event DEVELOPER, DEVELOPER's heirs,
successors, assigns, or subsequent owners of the Property
or any other person acquiring an interest in the Property,
fail to faithfully comply with all of the terms and
conditions included in this Agreement in connections with
the Property, this Agreement may be modified or
terminated by the CITY upon compliance with the
requirements of the Zoning Ordinance.
A waiver by CITY of any default by DEVELOPER of 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. 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
DEVELOPMENT AGREEMENT - 5
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performance of the covenants, agreements, conditions, and obligations
contained herein.
10.1 In the event of a material breach of this Agreement, the
parties agree that CITY and DEVELOPER shall have thirty
(30) days after delivery of notice of said breach to correct
the same prior to the non-breaching party's seeking of any
remedy provided for herein; provided, however, that in the
case of any such default which cannot with diligence be
cured within such thirty (30) day period, if the defaulting
party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time within
such failure may be cured shall be extended for such period
as may be necessary to complete the curing of the same
with diligence and continuity.
10.2 In the event the performance of any covenant to be
performed hereunder by either DEVELOPER or CITY is
delayed for causes which are beyond the reasonable control
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,
I I. SURETY OF PERFORMANCE: The CITY may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled
Ordinances of the CITY of Meridian, to insure that installation of the
improvements, and the DEVELOPER agrees to provide such, if required by the
CITY.
12. 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 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.
13. ABIDE BY ALL CITY ORDINANCES: That DEVELOPER
agrees to abide by all ordinances of the CITY of Meridian and the property
DEVELOPMENT AGREEMENT. 6
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shall be subject to de-annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the
CITY of Meridian.
14. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered'or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
DEVELOPER:
c/o City Engineer
City of Meridian City
33 E. Idaho Ave.
Meridian, ID 83642
Ray W. and Janet Wilder
3340 North Ten Mile Road
Meridian, Idaho 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
14. I 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.
15. 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.
16. 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.
DEVELOPMENT AGREEMENT - 7
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17. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs, .
successors, assigns and personal representatives, including CITY's corporate
authorities and their successors in office, This Agreement shall be binding on
the owner of the Property, each subsequent owner and each other person
acquiring an interest in the Property. Nothing herein shall in any way prevent
sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or
owners shall be both 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.
18. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised therefrom and the invalidity thereof shall not affect any
of the other provisions contained herein, except that if an provision of this
Agreement is held not valid which DEVELOPER's development of the
Property, DEVELOPER may, at its sole discretion, declare this entire
Agreement null and void of no force and effect and thereby relieve all parties
from any obligations hereunder.
19. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between
DEVELOPER and CITY relative to the subject matter hereof, and there are no
promises, agreements, conditions or understanding, either oral or written,
express or implied, between DEVELOPER and CITY, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration,
amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors
in interest or their assigns, and pursuant, with respect to CITY, to a duly
adopted ordinance or resolution of CITY.
19.1 No condition herein provided can be modified or
amended in connection other than as provided for herein
and after public hearing by the City Council, in accordance
with the notice provisions provided for zoning designation
or amendment under enforcement at the time.
20. EFFECTIVE DATE OF AGREEMENT: This Agreement shall
be effective on the date the Meridian City Council shall adopt the amendment
DEVELOPMENT AGREEMENT - 8
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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 - 9
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
Attest:
BY: ~- W~
Ray W. ilder
Developer
BY:~Wilt tJfdk/
We~eloper
BY RESOLUTION NO.-
Attest:
~ß./k - )2.
CITY CLERI( ~ ~?
BY RESOLUTION NO. 23 :?
DEVELOPMENT AGREEMENT - 10
CITY OF MERIDIAN
BY:
,f.
!'
STATE OF IDAHO
:ss
COUNTY OF ADA
(¿ ~ On this -1L day of /11 æ. t: ' in the year 1999, before
me, Iclllu4 tJ ,'ï7tu.r-!tuir a Notary Publ c, personally appeared Ray W. Wilder
and Janet Wilder, husband and wife, known or identified to me to be the persons
who executed the instrument and acknowledge to me having executed the same.
~.-ü~
Notary Public for Idaho
Commission expires: 1/11 /-200 {
STATE OF IDAHO
:ss
County of Ada 15)~
On this -
day of J'í. we
, in the year ~,
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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Nota Pu lic for Idaho
Commission expires: 11:"5/:;)'D'lJ~
DEVELOPMENT AGREEMENT - 11
Legal Description Of Property
DEVELOPMENT AGREEMENT - 12
EXHIBIT A
EXHIBIT "A"
A portion of the South half of the SW 1!4 of the SW 1!4 of Section 35,
Township 4 North, Range I West of the Boise Meridian, Ada County, Idaho,
more particularly described as follows:
Commencing at the corner common to Sections 2 and 3 of Township 4 North,
Range 1 West, and Sections 35 and 36 of Township 3 North, Range 1 West
of the Boise Meridian; thence North 0°53'34" East, a distance of 347.44 feet
along the westerly boundary line of said Section 35 to the TRUE POINT OF
BEGINNING; thence leaving said westerly boundary line South 80°1 1'00"
East, a distance 183.85 feet; thence North 00°53'34" East, a distance of 123.21
feet and parallel with said westerly boundary line; thence North 89°14'23"
West, a distance of 181.63 feet to a point on said westerly boundary line;
thence South 00°53'34" West, a distance of 94.27 feet along said westerly
boundary line to the POINT OF BEGINNING;
Said parcel of land contains 19,750 square feet or 0.45 acres more or less.
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - \3
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF GLENN
JOHNSON HOMES FOR
HARTFORD SUBDIVISION,
NORTH OF USTICK ROAD
EAST OF TEN MILE ROAD,
THE APPLICATION FOR
ANNEXATION AND ZONING
OF 0.45 ACRES
Case No. AZ-99-002
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on
for public hearing on April 20, 1999, at the hour of 7:30 o'clock p.m., and Brad
Hawkins-Clark, Planning and Zoning Department, and the Applicant's representative,
Richard Jewell, for Glenn Johnson Homes, having 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
I.
'The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for April 20, 1999, before the City Council, the first publication appearing
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING 1
GLENN JOHNSON HOMES 1 HARTFORD SUBDIVISION
.
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and written notice having been mailed to property owners or purchasers of record
within three 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 April 20, 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 set
forth in Idaho Code §§ 67-6509 and 67-65II, and §§II-2-416E and II-2-417A,
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 the
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 0.45 acres in size. The property is
located at 3340 N. Ten Mile Road, Meridian, Idaho, north of Us tick Road and east
FINDINGS OF FACT AND CONCLUSIONS OF LAW - P3cge 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING 1
GLENN JOHNSON HOMES 1 HARTFORD SUBDIVISION
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of Ten Mile. The property is designated as Hartford Subdivision.
5.
The owner of record of the subject property are Ray and Janet Wilder,
of 3340 North Ten Mile Road, Meridian, Idaho.
6.
Boise, Idaho.
7.
Applicant is Glenn Johnson Homes, of 2424 S. Maple Grove Road,
The property is presently zoned by Ada County as Rural Transition
(RT), and consists of agricultural land.
8.
The Applicants request the property be zoned as Low Density
Residential (R-4).
9.
The proposed site of the subject property is located north of Ustick
Road and east of Ten Mile approximately kitty corner to the Wastewater Treatment
Plant.
10.
The city limits of the City of Meridian surround the subject property.
11.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12.
The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
13.
The Applicant proposes to develop the subject property in the following
manner: Construct and develop single family residential units.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING 1
GLENN JOHNSON HOMES 1 HARTFORD SUBDIVISION
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14.
The Applicant requested zoning of the subject real property as Low
Density Residential (R-4) is consistent with the Residential designation on the
Meridian Comprehensive Plan Generalized Land Use Map which designates the
subject property as Single Family Residential.
15.
There are no significant or scenic features of major importance that
affect the consideration of this application.
16.
Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Planning and Zoning Administrator and Assistant City
Engineer Recommendations as follows:
16.1 The application for annexation and zoning is a part of the proposed
Hartford Subdivision. The 0.45-acre parcel that is the subject of the
annexation portion of this project was inadvertently omitted from the
original annexation back in 1994.
16.2 Sanitary sewer service to this site is being proposed to exit the
development through a common area lot near the northwest corner of
the subdivision and drain north to the Five Mile Trunk
16.3 Water service to this site will be via extensions of mains that are
installed in Ustick and Ten Mile Roads.
16.4 Applicant has not indicated whether the pressurized irrigation system
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING 1
GLENN JOHNSON HOMES 1 HARTFORD SUBDIVISION
.
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within this development is to be owned and maintained by the Nampa
& Meridian Irrigation District or if it is their intention for the system to
be owned and maintained by the homeowners association.
16.5 Results of test hole investigations performed January 25, 1999, indicate
that ground water is extremely shallow (approx. 1.3' from surface) at the
north boundary of Lot 1, Block 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, This is an
effort to ensure that crawl spaces under homes ,vill be above the ground
water. In the event that streets need to be raised to provide the above
mentioned separation, the grades of the sanitary sewer system may be
able to be adjusted to a more desirable 0.40% slope.
16.6 The minimum cover required over the sanitary sewer mains is 3 feet
from finish grade to top of pipe. ASTM 02241, SDR2I, Class 200 pipe
is required whenever there is less than 3 feet of cover from sub-grade to
the top of pipe.
16.7 The legal description submitted with this application for annexation and
zoning does not include V2 of the Ten Mile Road right-of-way.
Application shall submit a revised metes and bounds legal description
that includes V2 of the adjacent Ten Mile Road right-of-way and is
referenced to the recognized government corners. The legal description
shall be prepared by a Registered Land Surveyor, licensed by the State
of Idaho, and shall conform to all the provisions of the City of Meridian
Resolution No. 158. The legal description for annexation must place
this parcel contiguous to the Corporate City Limits.
16.8 A development agreement was required for this project, as a condition of
the original annexation of the property.
17.
It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in the finding of fact no. 16, and all
subparts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING 1
GLENN JOHNSON HOMES 1 HARTFORD SUBDIVISION
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condition of annexation and zoning designation.
18.
It is found that the development considerations for the proposed
Hartford Subdivision, of which this is a part, have been 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, and 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.
19.
The development of the property as a (R-4) Low Density Residential, as
requested by the Applicant, will be compatible to the development in the surrounding
area subject to the conditions of development herein found to be reasonable in
relation to the requested zone (R-4) Low Density Residential District and is
accordance with the adoptive Comprehensive Plan of the City of Meridian.
20.
The subject annexation request and zoning designation and proposed
development relates to the goals and policies of the Comprehensive plan of the City
as follows:
20.1 Under the section entitled "Foreward" Goals of the Comprehensive Plan,
Goal no. 2 at page 5; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING 1
GLENN JOHNSON HOMES 1 HARTFORD SUBDIVISION
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20.2 Under the section entitled "Land Use" Land Use Goal Statement §§ 1.3
and 2.5U at page 23, and facilitate the inclusion within the City of
Impact Area to avoid checkerboard type annexation in this region of the
City's Impact Area.
21.
The property can be physically serviced with City water and sewer, if
applicant extends the lines.
CONCLUSIONS OF LAW
I.
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 Municipal Code of the City of Meridian Section 11-
2-417 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 Commission 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 P1anningAct of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord. No. 629, January 4, 1994.
4.
The following are found to be pertinent provisions of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING 1
GLENN JOHNSON HOMES 1 HARTFORD SUBDIVISION
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Meridian Comprehensive Plan and are applicable to this Application:
4.1
Under the section entitled "Foreward" Goals of the Comprehensive Plan,
Goal no. 2 at page 5; and
4.2
Under the section entitled "Land Use" Land Use Goal Statement §§ 1.3
and 2.5U at page 23, and facilitate the inclusion within the City of
Impact Area to avoid checkerboard type annexation in this region of the
City's Impact Area.
5.
The requested zoning of Low Density Residential, (R-4) is defined in
the Zoning Ordinance at I 1-2-408 B. 3. as follows:
IR-4) Low Density Residential District: Only single-family dwellings shall be
permitted and no conditional uses shall be permitted except for Planned
Residential Development and public schools. The purpose of the (R-4)
District is to permit the establishment of low density single-family dwellings,
and to delineate those areas where predominately residential development has,
or is likely to occur in accord with the Comprehensive Plan of the City, and to
protect the integrity of residential areas by prohibiting the intrusion of
incompatible non-residential uses. The (R-4) District allows for a maximum of
four (4) dwelling units per acre and requires connection to the Municipal
Water and Sewer systems of the City of Meridian.
6.
Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. 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 11-9-616 which pertains to development time schedules and requirements;
Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING 1
GLENN JOHNSON HOMES 1 HARTFORD SUBDIVISION
.
.
14., which pertains to pressurized irrigation systems.
8.
The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
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:
I. This application is for annexation and zoning of 0.45 acres located at
3340 N. Ten Mile Road, which is north of Ustick Road and east of Ten Mile,
Meridian, Idaho. The legal description shall be prepared by a Registered Land
S~rveyor, Licensed by the State of Idaho, 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.
2. That the City Attorney shall prepare for consideration by the City
Council the appropriate ordinance for the annexation and zoning designation. (R-4)
Low Density Residential Ordinance shall not be finally approved by the City Council
until provisions of part I of this order have been met; and
3. The Applicant must submit a legal description which meets the
requirements of the City of Meridian and the Idaho State Tax Commission.
4. Developer enter into a Development Agreement, that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian which provides for the following
conditions of development to-wit:
4.1
Sanitary sewer service to this site is being proposed to exit the
development through a common area lot near the northwest corner of
the subdivision and drain north to the Five Mile Trunk.
4.2
Water service to this site will be via extensions of mains that are
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING 1
GLENN JOHNSON HOMES 1 HARTFORD SUBDIVISION
4.3
4.4
4.5
.
.
installed in Ustick and Ten Mile Roads.
Applicant shall designate whether the pressurized irrigation system
within this development is to be owned and maintained by the Nampa
& Meridian Irrigation District or if it is their intention for the system to
be owned and maintained by the homeowners association,
Results of test hole investigations performed January 25, 1999, indicate
that ground water is extremely shallow (approx. 1.3' from surface) at the
north boundary of Lot I, Block 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, This is an
effort to ensure that crawl spaces under homes will be above the ground
water. In the event that streets need to be raised to provide the above
mentioned separation, the grades of the sanitary sewer system may be
able to be adjusted to a more desirable 0.40% slope.
The minimum cover required over the sanitary sewer mains is 3 feet
from finish grade to top of pipe. ASTM 0224 I, SDR2 I, Class 200 pipe
is required whenever there is less than 3 feet of cover from sub-grade to
the top of pipe.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING 1
GLENN JOHNSON HOMES 1 HARTFORD SUBDIVISION
.
.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held April 20, 1999.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED~
COUNCILMAN KEITH BIRD
VOTED~
COUNCILMAN GLENN BENTLEY
VOTED~
COUNCILMAN CHARLIE ROUNTREE
VOTED~
MAYOR ROBERT 0, CORRIE (TIE BREAKER)
DATED: ~ 4-¡ 1/111
VOTED-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I I
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING 1
GLENN JOHNSON HOMES 1 HARTFORD SUBDIVISION
.
MOTION:
APPROVE~ DISAPPROVED:-
.
RECEIVED
MAY - It 1999
CITY OF MERIDIAN
Dated:
.Ç- ¡f~c¡r
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING 1
GLENN JOHNSON HOMES 1 HARTFORD SUBDIVISION