Wilkins Ranch Village AZ 00-016
I ,iii
ADA COUNTY RECORDER
J. DAVID NAVARRO
pnIS~, IOt\HiJ
200lAP 19 PH 1:25
PARTIES: 1.
2.
"J
RECORDED. REaUES r OF
FEE~DEPUTY ~/
l!fr IOIO36~r v
UEAJDIAN CITY
DEVELOPMENT AGREEMENT
City of Meridian
Louis J. Steiner/Steiner Development, LLC,
Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "AgrJ;%J)\ent"), is
made and entered into this~ day of Apr-í I , 'woo:õY'and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and LOUIS J. STEINER/STEINER DEVELOPMENT,
LLC, hereinafter called "OWNER/DEVELOPER", whose address is 554 E.
Bellevue Road, Suite B, Atwater, California 95301.
1.
RECITALS:
1.1
1.2
1.3
1.4
WHEREAS, "Owner/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, Lc. §6 7 -6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the owner or "Owner/Developer" make a
written commitment concerning the use or development of
the subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-15-12 and 11-16-4 A,
which authorizes development agreements upon the
annexation and/or re-zoning of land; and
WHEREAS, "Owner/Developer" has submitted an
application for annexation and zoning of the "Property"s
described in Exhibit A, and has requested a designation of
Medium Density Residential District (R-8), (Meridian
City Code §§ 11-7-2 D; and
DEVELOPMENT AGREEMENT (AZ-OO-O16) - 1
1.6
1.7
1.8
1.9
1.5
WHEREAS, "Owner/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
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning & Zoning
Commission, and subsequently before the City Council,
include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
WHEREAS, City Council, the/rtay ofJitJ-6-. ,200O,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
WHEREAS, both the "Findings" require the
"Owner/Developer" to enter into a development agreement
before the City Council takes final action on annexation
and zoning designation; and
"DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at its
urging and requests; and
1.10 WHEREAS, "City" requires the "Owner/Developer" to
enter into a development agreement for the purpose of
ensuring that the "Property" is developed and the
subsequent use of the "Property" is in accordance with the
terms and conditions of this development agreement,
herein being established as a result of evidence received by
the "City" in the proceedings for annexation and zoning
DEVELOPMENT AGREEMENT (AZ-OO-O16) - 2
designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to ensure annexation and zoning
designation is in accordance with the Comprehensive Plan
ofthe City of Meridian adopted December 21,1993,
Ordinance #629, January 4, 1994, and the Zoning and
Development Ordinances codified in Meridian City Code
Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1
3.2
3.3
"CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
"DEVELOPER"/"OWNER": means and refers to Louis J.
Steiner/Steiner Development, LLC, whose address is 554
E. Bellevue Road, Suite B, Atwater, California 95301, the
party developing said "Property" and shall include any
subsequent owner(s)/developer(s) ofthe "Property".
"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
DEVELOPMENT AGREEMENT (AZ-OO-O16) - 3
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Meridian City Code Sections 11-7-2 D which
are herein specified as follows:
(R-B) Medium Density Residential District: The
purpose of the R-8 District is to permit the establishment
of single- and two-family 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 of comparable land use. Connection to the
Municipal water and sewer systems of the City is required.
With the further restriction that all uses and development
of the subject real property shall be governed under the
conditional use permit process as a planned unit
development.
For the construction and development of a planned unit
development.
4.2
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE:
"Developer"/"Owner" have submitted to "City" an application for conditional
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.
DEVELOPMENT AGREEMENT (AZ-OO-O16) - 4
6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
6.A
6.1
6.2
6.3
6.4
6.5
"Developer"/"Owner" shall enter into a Development
Agreement, that provides in the event the conditions
therein are not met by the Developer that the property
shall be subject to de-annexation, with the City of
Meridian which provides for the following conditions of
development to-wit:
All irrigation ditches, laterals or canals, exclusive of natural
waterways, intersecting, crossing or lying adjacent and
contiguous to the area being subdivided shall be tiled per
City Ordinance 12-4-13. The ditches to be piped shall be
shown on the site plans. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval
submitted to the Public Works Department. No variances
have been requested for tiling of any ditches crossing this
project.
Any existing domestic wells and/or septic systems within
this project shall be removed from their domestic service
per City Ordinance Sections 9-1-4 and 9-4-8. Wells may
be used for non-domestic purposes such as landscape
irrigation.
Five-foot-wide sidewalks and pedestrian walkways shall be
provided in accordance with City Ordinance Section
12-5-2.K.
Any conditions attached to a Final Development Plan for
Planned Development projects run with the land and shall
not lapse or be waived as the result of any subsequent
change in tenancy or ownership.
The application indicates the current use of the property is
agricultural and residential and that one existing home and
DEVELOPMENT AGREEMENT (AZ-OO-O16) - 5
6.6
6.7
6.8
6.9
an accessory building occupy the parcel. In fact, the
property also contains an illegal mobile structure that is
being used for office space by the developer. The mobile
building is not an approved use in the proposed R-4 zone,
and a condition shall be placed on the applicant that the
mobile building be removed prior to passage of an
annexation ordinance.
The City has been experiencing problems with pedestrian
walkways throughout the City. As a condition of
annexation, the developer shall be required to construct
the walkway and three-foot-high fencing on each side of
the common lot. The developer shall also be required to
place a deed restriction on Lots 8 and 10, Block 2, to
prohibit the construction of any fencing higher than three
feet on the sides adjacent to the pedestrian walkway lot.
Dedicate 48-feet of right-of-way from the centerline of
Ustick Road abutting the parcel by means of recordation of
a final subdivision plat or execution of a warranty deed
prior to issuance of a building permit (or other required
permits), whichever occurs first. Allow up to 30 business
days to process the right-of-way dedication after receipt of
all requested material. The owner shall be compensated
for all right-of-way dedicated as an addition to existing
right-of-way from available impact fee revenues in this
benefit zone, if the owner submits a letter of application to
the impact fee administrator prior to brealdng ground, in
accordance with Section 15 of ACHD Ordinance #193.
Construct a 5-foot wide concrete sidewalk on Ustick Road
abutting the entire parcel, located 2-feet within the new
right-of-way line. Coordinate the location and elevation of
the sidewalk with District staff.
Construct a center turn lane on Usticl( Road for the
Willdns WaylUstick Road Intersection. The turn lane
shall be constructed to provide a minimum of 100-feet of
DEVELOPMENT AGREEMENT (AZ-OO-O16) - 6
storage with shadow tapers for both the approach and
departure directions. Coordinate the design of the turn
lane with District staff.
6.10 Construct all public roads within the subdivision as 36-
foot street sections with curb, gutter, and 5-foot wide
concrete sidewalks within 50-feet of right-of-way.
6.11 The proposed knuckles located at the north and south end
of Sagefire Avenue are approved with the application. No
traffic islands are required in the knuckles.
6.12 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.
6.13 Direct lot or parcel access to Ustick Road or Willdns Way
is prohibited. Lot access restrictions, as required with the
application, shall be stated on the final plat.
6.14 A request for modification, variance or waiver of any
requirement or policy outlined herein shall be made in
writing to the ACHD Planning and Development
Supervisor. The request shall specifically identify each
requirement to be reconsidered and include a written
explanation of why such a requirement shall result in a
substantial hardship or inequity. The written request shall
be submitted to the District no later than 9:00 a.m. on the
day scheduled for ACHD Commission action.
6.15 After ACHD Commission action, any request for
reconsideration of the Commission's action shall be made
in writing to the Planning and Development Supervisor
within six days of the action and shall include a minimum
fee of $110.00. The request for reconsideration shall
specifically identify each requirement to be reconsidered
and include written documentation of data that was not
DEVELOPMENT AGREEMENT (AZ-OO-O16) - 7
available to the Commission at the time of its original
decision.
6.16 Payment of applicable road impact fees are required prior
to building construction in accordance with Ordinanc
# 193, also known as Ada County Highway District Road
Impact Fee Ordinance.
6.17 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 plan.
6.18 Applicant shall submit revised plans for staff approval,
prior to issuance of building permit (or other required
permits), which incorporates any required design changes.
6.19 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.
6.20 The responsibility of the applicant shall be 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.
6.21 Applicant shall be required to call DIGLINE at least two
full business days prior to breaking ground within ACHD
right-of-way. The applicant shall contact ACHD Traffic
Operations in the event any ACHD conduits (spare or
filled) are compromised during any phase of construction.
6.22 No change in the terms and conditions of this approval
shall be valid unless they are in writing and signed by the
DEVELOPMENT AGREEMENT (AZ-OO-O16) - 8
applicant or the applicant's authorized representative and
an authorized representative of ACHD. The burden shall
be upon the applicant to obtain written confirmation of
any change from the ACHD.
6.23 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.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developer"/"Owner" or
"Developer"'s/"Owner's" heirs, 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
Lc. § 67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL
OF ZONING DESIGNATION
"Developer"/"Owner" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Developer"/"Owner" and
if the "Developer"/"Owner" fails to cure such failure
within six (6) months of such notice.
DEVELOPMENT AGREEMENT (AZ-OO-O16) - 9
9. INSPECTION: "Developer"/"Owner" shall, immediately upon
completion of any portion or the entirety of said development of the
"Property" as required by this agreement or by City ordinance or policy, notify
the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance
with the terms and conditions of this Development Agreement and all other
ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1 In the event "Developer"/"Owner",
"Developer"'s!"Owner's" heirs, successors, assigns, or
subsequent owners of the "Property" or any other person
acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in
this Agreement in connection with the "Property", this
Agreement may be modified or terminated by the "City"
upon compliance with the requirements of the Zoning
Ordinance.
10.2 A waiver by "City" of any default by "Developer"/"Owner"
of 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 "Developer"'s/"Owner's" cost, and submit proof of such recording
to "Developer"/"Owner", prior to the third reading of the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" by
the City Council. If for any reason after such recordation, the City Council
fails to adopt the ordinance in connection with the annexation and zoning of
the "Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
DEVELOPMENT AGREEMENT (AZ-00-016) - 10
12. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer"/"Owner", or by any
successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
13.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer"/"Owner" shall
have thirty (30) days after delivery of notice of said breach
to correct the same prior to the non-breaching party's
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 "Developer"/"Owner" or
"City" is delayed for causes which are beyond the
reasonable control of the party responsible for such
performance, which shall include, without limitation, acts
of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time
of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code §12-5-3, to insure that
DEVELOPMENT AGREEMENT (AZ-OO-O 16) - 11
installation of the improvements, which the "Developer" agrees to provide, if
required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner"
agrees that no Certificates of Occupancy will be issued until all improvements
are completed, unless the "City" and "Developer"/"Owner" have entered into
an addendum agreement stating when the improvements will be completed in
a phased developed; and in any event, no Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That
"Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian
and the "Property" shall be subject to de-annexation if the owner or his
assigns, heirs, or successors shall not meet the conditions contained in the
Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
OWNER/DEVELOPER:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Louis J. Steiner/Steiner Development, LLC
554 E. Bellevue Road, Suite B
Atwater, California 95301
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
DEVELOPMENT AGREEMENT (AZ-00-016) - 12
17.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion,
had determined that "Developer" has fully performed its obligations under this
Agreement.
21. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
DEVELOPMENT AGREEMENT (AZ-00-016) - 13
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between
"Owner/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 "Owner/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-00-016) - 14
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
LOUIS J. STEINER!
STEINER DEVELOPMENT, LLC
B~~~
anaging Member
Attest:
Managing Member
BY RESOLUTION NO.
CITY OF MERIDIAN
BY:
DEVELOPMENT AGREEMENT (AZ-00-016) - 15
STATE OF California
COUNTY OF Merced
On
November 6. 2000
before me, Tami Fournier
personally appeared Louis J. Steiner
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(sl
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
W"NESS m, "',d 3"' H_- ,
\ 1Al~~' 'uA)JJÁ
(Signatûre of Notary ublic)
- - TAMtFOURÑIER - (
COMM. #1213755 !:
TARY PUBLIC-CALIFORNIA G1
MERCEDCOUNTV 0
COMM. EXP. MARCH 21. 2003 ~
(This area for notarial seal)
"
known or identified to me
LLC, who executed
Corporation an
, in the year 2000,
personally appeared
before me,
(SEAL)
Notary Public for Idaho
Commission expires:
STATE OF IDAHO
:ss
County of Ada
On this
~1
day of
~
WI
, in the year weÐ,
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.
(SEAL)
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DEVELOPMENT AGREEMENT (AZ-00-016) - 16
EXHIBIT A
Legal Description Of Property
A parcel of land located in the NE l!4 of the NW l!4 of Section 3,
Township 3 North, Range I West, Boise Meridian, Ada County, Idaho,
more particularly described as follows:
Commencing at the northeast corner of the NW l!4 of Section 3, T.3N.,
R.IW., B.M., thence S 00°27'37" W 73.00 feet along the east line of said
NW 1/4 to the REAL POINT OF BEGINNING of this subdivision;
Thence N B9°1O'2B" W 570.B3 feet to a point;
Thence S 45°49'27" W 28.28 feet to a point;
Thence S 00°49'22" W I3B.15 feet to a point;
Thence N 89°10'2B" W 20.00 feet to a point;
Thence S 45°49"27" W 2B.2B feet to a point;
Thence S 00°49'22" W 35.03 feet to a point;
Thence along a curve to the left 30. I 6 feet, said curve having a radius of
125.00 feet, a delta angle of 13°49'22", tangents of 15.15 feet, and a long
chord bearing S 06°05'19" E 30.0B feet to a point;
Thence S 13°00'00" E 5B.3B feet to a point;
Thence along a curve to the right 54.28 feet, said curve having a radius
of 225.00 feet, a delta angle of 13°49'22", tangents of 27.27 feet, and a
long chord bearing S 06°05'19" E 54.15 feet to a point;
Thence S 00°49'22" W 133.20 feet to a point;
DEVELOPMENT AGREEMENT (AZ-00-016) - 17
Thence along a curve to the right 19.7 I feet, said curve having a radius
of 325.00 feet, a delta angle of 03°28'29", tangents of 9.B6 feet, and a
long chord bearing S 02°33'36" W 19.71 feet to a point;
Thence S 40°21'05" E 2B.II feet to a point;
Thence S 05°00'00" W 50.00 feet to a point;
Thence S 85°00'00" E 3.45 feet to a point;
Thence S 21°00'00" W 107.2B feet to a point;
Thence S 85°00'00" E 199.27 feet to a point;
Thence S 70°00'00" E 204.46 feet to a point;
Thence S B4°03'03" E 95.71 feet to a point;
Thence S 90°00'00" E 143.73 feet to a point on the east line of said NW
l!4;
Thence N 00°27'37" E 766.50 feet along the east line of said NW l!4 to
the REAL POINT OF BEGINNING of this subdivision, comprising 10.19
acres, more or less.
DEVELOPMENT AGREEMENT (AZ-00-016) - 18
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
Z:\Work\M\Meridian 15360MlWilkins Ranch AZO16 CUPO40 PPIDeve1ooAor
DEVELOPMENT AGREEMENT (AZ-00-016) - 19
f~-",
.....
BEFORE THE MERIDIAN CITY COUNCIL
ClC 09-05-00
IN THE MATTER OF THE )
APPLICATION OF STEINER)
DEVELOPMENT, LLC, THE )
APPLICATION FOR )
ANNEXATION AND ZONING)
OF 10.19 ACRES FOR WILIGNS )
RANCH VILLAGE )
SUBDMSION, LOCATED )
SOUTH OF USTICK ROAD )
AND EAST OF BLACK CAT )
ROAD, MERIDIAN, IDAHO )
)
Case No. AZ-00-016
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 August 15,2000 and continued until September 5, 2000, at the
hour of 7:30 p.i:n., at the August 15,2000 meeting Shari Stiles, Planning and Zoning
Administrator, appeared and testified, and appearing on behalf of the Applicant was
Steve Arnold of Briggs Engineering, Inc., and no one appeared in opposition, and at
the September 5, 2000 meeting Shari Stiles, Planning and Zoning Administrator,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING!
BY STEINER DEVELOPMENT, LLc. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
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appeared and testified, and appearing and testifying on behalf of the applicant was
Steve Arnold of Briggs Engineering, Inc., and no one appeared and testified in
opposition, 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.
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 August 15,2000, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of
record within three hundred feet (300') of the external boundaries of the property
under consideration more than fifteen (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 August 15,
2000, public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, Ltc. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
evidence.
2.
There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5
and 11-16-1.
3.
The City Council talœs 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 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 which is the subject to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in fUll.
5.
The property is approximately 10.19 acres in size and is located south of
Ustick Road and east of Black Cat Road. The property is designated as Wilkins
Ranch.
6.
The owner of record of the subject property is Louis J. Steiner, of
Atwater, Califòrnia.
7.
Applicant is Steiner Development, LLC, of Atwater, California 95301.
8.
The property is presently zoned by Ada County as R-T, and consists of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLc. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
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a single-family ~esidence and agricultural uses.
9.
The Applicant had requested the property be zoned R-4, but has
changed that request to R-8.
10.
The subject property is bordered to the north by Ada County land
zoned R- T, and a school site and city limits of the City of Meridian are adjacent and
abut to the east of 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 defined in the Meridian Comprehensive Plan.
13.
The Applicant proposes to develop the subject property in the following
manner: 48-Lot Planned Single-Family Development.
14.
The Applicant requests zoning of the subject real property as R-8 which
is consistent with 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FORANNEXA,TION AND ZONING/
BY STEINER DEVELOPMENT, LLc. /
WILKINS RM;JCH VILLAGE PUD (AZ-00-016)
jurisdiction, puplic 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 Recommendation of Planning and Zoning Staff as follows:
16.1 AIl irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be
piped shall be shown on the site plans. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department. No variances have been requested for tiling of any ditches
crossing this project.
16.2 Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance
Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
16.3 Five-foot-wide sidewalks and pedestrian walkways shall be provided in
accordance with City Ordinance Section 12-5-2.K.
16.4 Any conditions attached to a Final Development Plan for Planned
Development projects run with the land and shall not lapse or be waived
as the result of any subsequent change in tenancy or ownership.
16.5 The application indicates the current use ofthe property is agricultural
and residential and that one existing home and an accessory building
occupy the parcel. In fact, the property also contains an illegal mobile
structure that is being used for office space by the developer. The
mobile building is not an approved use in the proposed R-4 zone, and a
condition shall be placed on the applicant that the mobile building be
removed prior to passage of an annexation ordinance.
16.6 The City has been experiencing problems with pedestrian walkways
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLc. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
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throughout the City. As a condition of annexation, the developer shall
be required to construct the walkway and three-foot-high fencing on
each side of the common lot. The developer shall also be required to
place a deed restriction on Lots 8 and 10, Blocl( 2, to prohibit the
construction of any fencing higher than three feet on the sides adjacent
to the pedestrian walkway lot.
16.7 A Development Agreement shall be required as a condition of
annexation.
Adopt the Recommendation of the Ada County Highway District as follows:
16.8 Dedicate 48-feet of right-of-way from the centerline of Ustick Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first. Allow up to 30 business
days to process the right-of-way dedication after receipt of all requested
material. The owner shall be compensated for all right-of-way dedicated
as an addition to existing right-of-way from available impact fee
revenues in this benefit zone, if the owner submits a letter of application
to the impact fee administrator prior to brealdng ground, in accordance
with Section 15 of ACHD Ordinance # 1 93.
16.9 Construct a 5-foot-wide concrete sidewalk on Ustick Road abutting the
entire parcel, located 2 feet within the new right-of-way line.
Coordinate the location and elevation of the sidewalk with District staff.
16.10 Construct a center turn lane on Ustick Road for the Wilkins
WaylUstick Road Intersection. The turn lane shall be constructed to
provide a minimum of 100 feet of storage with shadow tapers for both
the approach and departure directions. Coordinate the design of the
turn lane with District staff.
16.11 Construct all public roads within the subdivision as 36-foot street
sections with curb, gutter, and 5-foot-wide concrete sidewalks within 50
feet of right-of-way.
16.12 The proposed knuckles located at the north and south end of Sagefire
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNExATION AND ZONING/
BY STEINER DEVELOPMENT, LLc. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
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Avenue are approved with the application. No traffic islands are
,required in the knuckles.
16.13 Any proposed landscape islands/medians within the public right-of-way
dèdicated by this plat shall be owned and maintained by a homeowners
association. Notes of this shall be required on the final plat.
16.14 Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited.
Lot access restrictions, as required with the application, shall be stated
on the final plat.
16.15 A request for modification, variance or waiver of any requirement or
policy outlined herein shall be made in writing to the ACHD Planning
and Development Supervisor. The request shall specifically identify
each requirement to be reconsidered and include a written explanation
of why such a requirement shall result in a substantial hardship or
inequity. The written request shall be submitted to the District no later
than 9:00 a.m. on the day scheduled for ACHD Commission action.
16.16 After ACHD Commission action, any request for reconsideration of the
Commission's action shall be made in writing to the Planning and
Development Supervisor within six days of the action and shall include
a minimum fee of $110.00. The request for reconsideration shall
specifically identify each requirement to be reconsidered and include
written documentation of data that was not available to the
Commission at the time of its original decision.
16.17 Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance # 193, also known as Ada
County Highway District Road Impact Fee Ordinance.
16.18 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLc. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
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16.19 Applicant shall submit revised plans for staff approval, prior to issuance
of building permit (or other required permits), which incorporates any
required design changes.
16.20 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.
16.21 The responsibility of the applicant shall be 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.
16.22 Applicant shall be required to call DIGLINE at least two full business
days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations in the event any
ACHD conduits (spare or filled) are compromised during any phase of
construction.
16.23 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 ACHD.
The burden shall be upon the applicant to obtain written confirmation
of any change from the ACHD.
16.24 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.
17.
his found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 16, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLc. /
WILKINS RANCH VILlAGE PUD (AZ-00-016)
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will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
18.
It is also found that the development considerations as referenced in
Finding No. 16 are reasonable to require and must be taken into account, in order to
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.
19.
It is found that the zoning of the subject real property as Medium
Density Residential District (R-8) requires connection to the Municipal Water and
Sewer systems and will be compatible with the Applicant's development intentions,
and will assure that the zoning is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Single Family
Residential.
20.
The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLc. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
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Plan of the City as follows:
20.1 The consideration of the provisions of the Comprehensive Plan and the
requirements of the zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive Plan
and the zoning ordinance of the City to all applications such as the
subject application.
20.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions' responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
20.3 The application is consistent with Meridian's self-identity.
20.4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive Plan and the zoning ordinance of the City to the subject
application.
20.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
fO.6 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
Plan and the zoning ordinance of the City to the subject application.
21.
The property can be physically serviced with City water and sewer, if
applicant extends the lines.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISIÖN AND ORDER GRANTING APPLICATION
FOR ANNExATION AND ZONING/
BY STEINER DEVELOPMENT, LLc. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
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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 adoption of 'Comprehensive Plan, City of Meridian, adopted
December 21,1993, Ord. No. 629, January 4,1994.'
4.
The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4A
The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1
To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
programs.
FINDINGS OJ? FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISIÖN AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLc. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
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To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development, the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
To provide housing opportunities for all economic groups
within the community.
To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
To encourage cultural, educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
To provide community services to fit existing and projected
needs.
To establish compatible and efficient use of land through
the use of innovative and functional site design.
To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLC. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
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4.B
Comprehensive Plan Policies:
The goals and policies listed below most directly apply to the proposed project:
Economic Development Chapter
Policies 3.1 U, 3.2U
Land Use Chapter
Policies 2.lU, 2.2U, 2.3U, 6.3c
Natural Resources and Hazardous Areas Chapter
Policies l.lU, 2.1U, 2.5U, 3.lU, 4.1U
Transportation Chapter
Policies 1.6U, 1.9U
Open Spaces. Parks and Recreation
Policies 3.1, 5.3
Housing Chapter
Policies 1.3, 1.4, 1.7, 1.12, 1.13U, 1.18
Communit;y Design Chapter
Policies 1.8, 5.2U
5.
The zoning of Medium Density Residential District (R-8) is defined in
the Zoning Ordinance at § 11-7-2 D as follows:
(RoB) Medium Densit;y Residential District: The purpose of the R-8
District is toperrnit the establishment of single- and two-family dwellings at a
density not exceeding eight (8) 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 of
comparable land use. Connection to the Municipal water and sewer systems of
the City is required.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLc. /
WILKINS ~CH VILLAGE PUD (AZ-OO-016)
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6.
By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a planned
commercial development on this parcel of land.
7.
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 of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8.
The development of the armexed 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.-J},
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
9.
The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
10.
Section 11-16-4 A of the Zoning and Development Ordinance provides,
in part, as follows:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel. Unless the commitment is modified or terminated by the City Council,
the commitment shall be binding on the owner of the parcel, each subsequent
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLc. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
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owner, and each other person acquiring an interest in the property. A
commitment is binding on the owner of the property even if it is unrecorded;
however, an unrecorded commitment is binding on subsequent owners and
each other person acquiring an interest in the property only if the subsequent
owner and each other person acquiring an interest in the property has actual
notice of the commitment.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Counål does
hereby Order and this does Order:
1.
The applicant's request for annexation and zoning of approximately
10.19 acres to Medium Density Residential District (R-8) is granted subject to the
terms and conditions of this Order hereinafter stated.
2.
The application is for annexation and zoning of 10.19 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3.
Developer enter into a Development Agreement that provides in the
event the cond!itions therein are not met by the Developer that the property shall be
subject to de-annexation, wittt the City of Meridian, which provides for the following
conditions of development, to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING!
BY STEINER DEVELOPMENT, LLc. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
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Adopt the Recommendation of Planning and Zoning Staff as follows:
3.1
3.2
3.3
3.4
3.5
3.6
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be
piped shall be shown on the site plans. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department. No variances have been requested for tiling of any ditches
crossing this project.
Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance
Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
Five-foot-wide sidewalks and pedestrian walkways shall be provided in
accordance with City Ordinance Section 12-5-2.K.
Any conditions attached to a Final Development Plan for Planned
Development projects run with the land and shall not lapse or be waived
as the result of any subsequent change in tenancy or ownership.
The application indicates the current use of the property is agricultural
and residential and that one existing home and an accessory building
occupy the parcel. In fact, the property also contains an illegal mobile
structure that is being used for office space by the developer. The
mobile building is not an approved use in the proposed R-4 zone, and a
condition shall be placed on the applicant that the mobile building be
removed prior to passage of an annexation ordinance.
The City has been experiencing problems with pedestrian walkways
throughout the City. As a condition of armexation, the developer shall
be required to construct the walkway and three-foot-high fencing on
each side of the common lot. The developer shall also be required to
place a deed restriction on Lots 8 and 10, Block 2, to prohibit the
construction of any fencing higher than three feet on the sides adjacent
to the pedestrian walkway lot.
FINDINGS 01' FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLc. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
3.7
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A Development Agreement shall be required as a condition of
annexation.
Adopt the Recommendation of the Ada County Highway District as follows:
3.8
3.9
Dedicate 48-feet of right-of-way from the centerline of Us tick Road
abutting the parcel by means of recordation of a final subdivision plat or
eXecution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first. Allow up to 30 business
days to process the right-of-way dedication after receipt of all requested
material. The owner shall be compensated for all right-of-way dedicated
as an addition to existing right-of-way from available impact fee revenues
in this benefit zone, if the owner submits a letter of application to the
impact fee administrator prior to brealdng ground, in accordance with
Section 15 of ACHD Ordinance #193.
Construct a 5-foot-wide concrete sidewalk on Ustick Road abutting the
entire parcel, located 2 feet within the new right-of-way line. Coordinate
the location and elevation of the sidewalk with District staff.
3.10 Construct a center turn lane on Ustick Road for the Wilkins WaylUstick
Road Intersection. The turn lane shall be constructed to provide a
minimum of 100 feet of storage with shadow tapers for both the
approach and departure directions. Coordinate the design of the turn
lane with District staff.
3.11 Construct all public roads within the subdivision as 36-foot street
sections with curb, gutter, and 5-foot-wide concrete sidewalks within 50
feet of right-of-way.
3.12 The proposed knuckles located at the north and south end of Sagefire
Avenue are approved with the application. No traffic islands are
required in the knuckles.
3.13 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING!
BY STEINER DEVELOPMENT, LLc. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
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3.14 Direct lot or parcel access to Ustick Road or Wilkins Way is prohibited.
Lot access restrictions, as required with the application, shall be stated
on the final plat.
3.15 A request for modification, variance or waiver of any requirement or
policy outlined herein shall be made in writing to the ACHD Planning
and Development Supervisor. The request shall specifically identify each
requirement to be reconsidered and include a written explanation of why
such a requirement shall result in a substantial hardship or inequity.
The written request shall be submitted to the District no later than 9:00
a.m. on the day scheduled for ACHD Commission action.
3.16 After ACHD Commission action, any request for reconsideration of the
Commission's action shall be made in writing to the Planning and
Development Supervisor within six days of the action and shall include a
minimum fee of $110.00. The request for reconsideration shall
specifically identify each requirement to be reconsidered and include
written documentation of data that was not available to the Commission
at the time of its original decision.
3.17 Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #193, also known as Ada
County Highway District Road Impact Fee Ordinance.
3.18 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 plan.
3.19 Applicant shall submit revised plans for staff approval, prior to issuance
of building permit (or other required permits), which incorporates any
required design changes.
3.20 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLc. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
r-'
3.21 The responsibility of the applicant shall be 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.
3.22 Applicant shall be required to call DIGLINE at least two full business
days prior to breaking ground within ACHD right-of-way. The applicant
shall contact ACHD Traffic Operations in the event any ACHD conduits
(spare or filled) are compromised during any phase of construction.
3.23 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 ACHD.
The burden shall be upon the applicant to obtain written confirmation
of any change from the ACHD.
3.24 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
re¡;trictions 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
ot,her legal relief is granted pursuant to the lawin effect at the time the
change in use is sought.
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 § 11-7-2 D.
5.
Subsequent to the passage of the Ordinance provided for in section 4 of
this Order, the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING!
BY STEINER DEVELOPMENT, LLC. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
(--
r
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 a judicial review as provided by Chapter 52,
Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
'f/..
/q - day
of
dè f) /fh.- ~
,
,2000.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED~
COUNCILMAN KEITH BIRD
VOTED-þ
COUNCILMAN TAMMY deWEERD
VOTED~
COUNCILMAN CHERIE McCANDLESS
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLc. /
WILKINS RANCH VILLAGE PUD (AZ-00-016)
('
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: C¡-/9-tfJÓ
MOTION:
APPROVED~ISAPPROVED:-
(
VOTED-=-
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
OJ' æI¿f--:,Þ~ 9- Daœd
'1-/ r -tJ¿)
msglZ:\WorklHistory\MIMeridianIWilkins Ranch AZJJ16 CUPO40 PPlAZFfClsOrder.wpd
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
BY STEINER DEVELOPMENT, LLc. /
WlLIGNS RANCH VILLAGE PUD (AZ-00-016)