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il MERIDIAN GfN
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. McBirney Property Trust, Owners
3. G.L. V6igt Development, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this 219*k day of 20o by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and McBIRNEY PROPERTY TRUST, hereinafter
called "OWNERS", whose address is 1162 Bentoak Lane, San Jose, California
95129-3104, and G.L. VOIGT DEVELOPMENT, hereinafter called
"DEVELOPER",.whose address is 1908 E. Jennie Lee Drive, Idaho Falls, Idaho
83404.
1. RECITALS:
1.1 WHEREAS, "Owners" are the sole owners, 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
1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the "Owners" or "Developer" make a
written commitment concerning the use or development of
the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-15-12 and 11-16-4 A,
which authorizes development agreements upon the
annexation and/or re-zoning of land; and
1.4 WHEREAS, "Owners" and "Developer" have submitted
an application for annexation and zoning of the
"Property"s described in Exhibit A, and has requested a
DEVELOPMENT AGREEMENT (AZ-01-012) - 1
designation of (R-8) Medium Density Residential District,
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Owners" and "Developer" made
representations at the public hearings both before the
Meridian Planning &Zoning Commission and before the
Meridian City Council, as to how the subject "Property"
will be developed and what improvements will be made;
and
1.6 WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning SL 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 PA day of JVaick, 2002,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
1.8 WHEREAS, the "Findings" require the "Owners" and
"Developer" enter into a development agreement before the
City Council takes final action on annexation and zoning
designation; and
1.9 "OWNERS" and "DEVELOPER" deem 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 "Owners" and "Developer"
to enter into a development agreement for the purpose of
ensuring that the "Property" is developed and the
DEVELOPMENT AGREEMENT(AZ-01-012) - 2
subsequent use of the "Property" is in accordance Nvith the
terms and conditions of this development agreement,
herein being established as a result of evidence received by
the "City" in the proceedings for annexation and zoning
designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to ensure annexation and zoning
designation is in accordance with the Comprehensive Plan
of the City of Meridian adopted December 21, 1993,
Ordinance #629, January 4, 1994, and the Zoning and
Development Ordinances codified in Meridian City Code
Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1 "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.
3.2 "OWNERS": means and refers to McBirney Property
Trust, whose address is 1162 Bentoak Lane, San Jose,
California 95129-3104, the party developing said
"Property" and shall include any subsequent
owners)/developer(s) of the "Property".
3.3 "DEVELOPER": means and refers to G.L. Voigt
Development, whose address is 1908 E. Jennie Lee Drive,
DEVELOPMENT AGREEMENT(AZ-01-012) - 3
Idaho Falls, Idaho 83404, the party developing said
"Property" and shall include any subsequent
owners)/developer(s) of the "Property".
3.4 "PROPERTY": means and refers to that certain parcel(s)
of"Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Meridian City Code Section 1 I-7-2 D which
are herein specified as follows:
Construction and development of 214 single family lots and 23
common lots, 4 office lots and a park.
Development shall be consistent with the Meridian Comprehensive
Plan Generalized Lane Use Map which designates the property as
Single Family Residential; that any proposed uses other than an
office use on Lots 45, 47, 49 and 50, Block 7 shall require a
conditional use, if constructed in accordance with an approved
CUP site plan and plat.
4.2 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
S. DEVELOPMENT IN CONDITIONAL USE: "Owners" and
"Developer" are not required to submit to "City" an application for conditional
use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
DEVELOPMENT AGREEMENT (AZ-01-012) - 4
A. "Owners" and "Developer" shall develop the "Property" in
accordance with the following special conditions:
1. All irrigation ditches, laterals or canals, exclusive of natural
waterways, intersecting, crossing or lying adjacent and contiguous
to the parcel shall be tiled per City Ordinance 12-4-13. Plans
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.
2. Any existing domestic wells and/or septic systems within this
project shall be removed from their domestic service per City
Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
3. Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Sections 11-13-4.C. and 12-5-2.M.
4. Two-hundred-fifty- and 100-watt, high-pressure sodium
streetlights shall be required at locations designated by the Public
Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections
and/or fire hydrants.
5. A drainage plan designed by a State of Idaho Iicensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas in the
proposed future commercial lots. All site drainage shall be
contained and disposed of on-site.
6. Off-street parking shall be provided in the proposed future
commercial lots in accordance with the City of Meridian
Ordinance 11-13 for use of property.
7. All signage in the proposed future commercial lots shall be in
accordance with the standards set forth in Section 11-14 of the
City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs shall be
DEVELOPMENT AGREEMENT(AZ-01-012) - 5
permitted.
8. Provide five-foot-wide sidewalks in accordance with City
Ordinance Section 12-5-2.IC.
9. A11 construction shall conform to the requirements of the
Americans with Disabilities Act.
10. Meridian City Ordinance 12-6 sets forth the requirements for
Planned Developments. 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.
11. That any proposed uses other than an office use on Lots 45, 47,
49 and 50, Block 7 shall require a CUP. The office uses are
allowed under the Planned Development process and would not
require a CUP if constructed in accordance with an approved
CUP site plan and plat.
12. Due to the single-family uses abutting the boundaries of Lots 45,
47 and 49, Block 7 (proposed as future office use), a minimum
20-foot planting strip, in accordance with City Ordinance 12-4-
TA., is required along the property lines of these three lots.
11 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.
14. Dedicate 48-Feet of right-of-way from the centerline of Meridian
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.
15. Construct the main entrance off Ustick Road, located
approximately 900-feet east of the west property line, as
proposed. Construct the main entrance with one inbound
DEVELOPMENT AGREEMENT(AZ-01-012) - 6
segment 21-feet, and construct the outbound segment with two
lanes, approximately 29-feet wide. The median shall be
constructed a minimum of 4-feet wide to total a minimum of a
100-square foot area. The applicant shall be required to dedicate
sufficient right-of-way for the street section plus the additional
width of the median.
16. Construct a center turn lane on Ustick Road for the main
entrance/Ustick. Road intersection. 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.
17. Construct a 5-foot wide concrete sidewalk on Ustick Road located
two-feet within the new right-of-way. Coordinate the location
and elevation of the sidewalk with District staff.
18. Construct a 24 to 30-foot wide driveway on Ustick Road, Iocated
420-feet east of Meridian Road. Pave the driveway its full width
and at least 30=feet into the site beyond the edge of pavement of
Ustick Road and install pavement tapers with 15-foot radii
abutting the existing roadway edge.
19. Construct the main entrance off Meridian Road, located
approximately 1,300-feet north of the south property line, as
proposed. Verify that the entrance is offset a minimum of 125-
feet from the proposed main entrance to Cedar Springs
Subdivision on the west side of Meridian Road. Design the main
entrance with a 21-foot street section for the inbound segment
and construct the outbound segment with two lanes,
approximately 29-feet wide. The median shall be constructed a
minimum of 4-feet wide to total a minimum of a 100-square foot
area. Dedicate sufficient right-of-way for the street section plus
the additional width of the median.
20. Construct a center turn lane on Meridian Road for the main
entrance/Meridian Road intersection 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
DEVELOPMENT AGREEMENT (AZ-01-012) - 7
District staff.
21. Construct a 24 to 30-foot wide driveway on Meridian Road,
located 440-Feet north of Ustick Road. Pave the driveway its full
width and at least 30-feet into the site beyond the edge of
pavement of Meridian Road and install pavement tapers with 15-
foot radii abutting the existing roadway edge.
22. Construct a 5-foot wide concrete sidewalk on Meridian Road
located two-feet within the new right-of-way. Coordinate the
location and elevation of the sidewalk with District staff.
23. Broadwater Way shall be designated as a residential collector
street with no front-on housing, because the anticipated traffic
volumes will exceed 1,000 vehicle trips per day. The access
restrictions for these street segments shall be stated on the final
plat. District policy requires that these street segments be
constructed as 36-foot street sections with curb, gutter and 5-foot
wide concrete sidewalks. Parking shall be prohibited on these
street segments. Coordinate the signage plan with District staff.
24. Unless otherwise approved, 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.
25. Construct the turnarounds to provide a minimum turning radius
of 45-feet.
26. Construct a stub street to the north property line between Lot
22, Block 1, and Lot 1, Block 5 as proposed. A paved temporary
turnaround at the end of the stub street is not required. Install a
sign at the terminus of the roadway stating that, "THIS ROAD
WILL BE EXTENDED IN THE FUTURE". Coordinate the sign
plan for the stub street with District staff.
27. Construct a stub street to the east property line between Lot 13,
Block 5, and Lot 48, Block 10 as proposed. A paved temporary
turnaround at the end of the stub street is not required. Install a
sign at the terminus of the roadway stating that, "THIS ROAD
DEVELOPMENT AGREEMENT(AZ-01-012) - 8
WILL BE EXTENDED IN THE FUTURE". Coordinate the sign
plan for the stub street with District staff.
28. Provide a $30,000 deposit to the Public Rights-of-Way Trust
Fund for the cost of constructing one-quarter of the traffic signal
at the intersection of Ustick Road and Meridian Road.
29• 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.
30. Relocate any irrigation facilities or utilities outside of the new
right-of-way on Ustick Road or Meridian Road.
31. Except for one approved driveway on Ustick Road, and one
approved driveway on Meridian Road, direct lot or parcel access
to Ustick Road or Meridian Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on
the final plat.
32. Comply with all of ACHD's Standard Requirements (9) listed
within their letter dated July 9, 2001.
33. All Uniform Fire Codes shall be met.
34. That a fire-flow of 1,000 gallons per minute be available to
service the entire project. Fire hydrants shall be placed an
average of 400' apart.
35. Operational fire hydrants and temporary or permanent street
signs are required before combustible construction begins.
36. Acceptance of water supply for fire protection is contingent upon
acceptance of the water system by the City of Meridian for water
quality.
37. Fire approval of fire hydrant Iocations shall be by the Fire
Department. Several fire hydrants shall have to be relocated.
DEVELOPMENT AGREEMENT(AZ-01-012) - 9
38. All radii shall be 28' inside and 48' outside radius.
39. Insure that all yet undeveloped parcels are maintained free of
combustible vegetation per 1103.2.4 of the UFC.
40. If the development is planning a pressure urban irrigation system
that will be owned, operated and maintained by the Irrigation
District, then applicant shall coordinate with the Water
Superintendent for the District, concerning the installation of the
pressure system.
41. pill out and return the questionnaire to initiate the process of
contractual agreements between the owner or developer and the
Irrigation District for the ownership, operation and maintenance
of the pressure urban irrigation system.
42. Based upon the testimony at the hearing, and the widely
recognized need for infrastructure improvements in the North
Meridian Planning Area sooner, rather than later, especially as it
respects to large developments, the Owner/Developer, as
condition of annexation and zoning, shall participate in the
negotiations with Ada County Highway District, and shall
become a party to any eventual agreements worked out by the
Developer/ACHD Group.
Therefore, as a condition of annexation, and as a condition of the
Development Agreement, Applicant shall participate in any road
infrastructure in the North Meridian Planning Area agreements
negotiated with ACHD and shall faithfully perform the terms of
such agreement or agreements.
43. Owner and Developer agree that at the time the annexation was
approved, sewer service is not yet available :For the annexed
property. Owner and Developer agree that they hereby waive any
and all causes of action against the City regarding the availability
or unavailability of sewer service. No building permits will be
issued until the proposed sewer trunk line has been built and
DEVELOPMENT AGREEMENT(AZ-01-012) - 10
connected to the City's Wastewater Treatment Plan.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Owners"
and"Developer" or "Owners" and "Developer"'s heirs, successors, assigns, to
comply with Section 6 entitled "Conditions Governing Development" of
subject "Property" of this agreement within two years of the date this
Agreement is effective, and after the "City" has complied with the notice and
hearing procedures as outlined in I.C. ' 67-6509, or any subsequent
amendments or recodifications thereof.
8. CONSENT TO DE ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owners" and "Developer" consent upon default to the de-
annexation and/or a reversal of the zoning designation of the "Property"
subject to and conditioned upon the following conditions precedent to-wit:
8.1 That the "City" provide written notice of any failure to
comply with this Agreement to "Owners" and "Developer"
and if the "Owners" and "Developer" fails to cure such
failure within six (6) months of such notice.
9. INSPECTION: "Owners" and "Developer" shall, immediately
upon completion of any portion or the entirety of said development of the
"Property" as required by this agreement or by City ordinance or policy, notify
the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance
with the terms and conditions of this Development Agreement and all other
ordinances of the "City" that apply to said Development.
10. DEFAULT:
10.1 In the event "Owners" and"Developer", "Owners" and
"Developer"'s heirs, successors, assigns, or subsequent
owners of the "Property" or any other person acquiring an
interest in the "Property", fail to faithfully comply with all
DEVELOPMENT AGREEMENT (AZ-01-032) - 11
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 "Owners" and
"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.
11 REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Owners" and "Developer"'s cost, and submit proof of such
recording to "Owners" and "Developer", prior to the third reading of the
Meridian Zoning Ordinance in connection with the annexation and zoning of
the "Property" by the City Council. If for any reason after such recordation,
the City Council fails to adopt the ordinance in connection with the
annexation and zoning of the "Property" contemplated hereby, the "city" shall
execute and record an appropriate instrument of release of this Agreement.
12. 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 "Owners" and "Developer", or by
any successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
13.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Owners" and "Developer"
shall have thirty (30) days after delivery of notice of said
breach to correct the same prior to the non-breaching
party's seeking of any remedy provided for herein;
DEVELOPMENT AGREEMENT(AZ-01-012) - 12
provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty
(30) day period, if the defaulting party shall commence to
cure the same within such thirty (30) day period and
thereafter shall prosecute the curing of same with diligence
and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to
complete the curing of the same with diligence and
continuity.
13.2 In the event the performance of any covenant to be
performed hereunder by either "Owner" and "Developer"
or "City" is delayed for causes which are beyond the
reasonable control of the party responsible for such
performance, which shall include, without limitation, acts
of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time
of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable Ietters of credit, cash deposits, certified checIc or
negotiable bonds, as allowed under Meridian City Code '12-5-3, to insure that
installation of the improvements, which the "Owners" and "Developer" agrees
to provide, if required by the "city",
15. CERTIFICATE OF OCCUPANCY: The "Owners" and
"Developer" agrees that no Certificates of Occupancy will be issued until all
improvements are completed, unless the "City" and "Owners" and "Developer"
have entered into an addendum agreement stating when the improvements will
be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not
been installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owners " and
"Developer" 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
DEVELOPMENT AGREEMENT(AZ-01-012) - 13
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: OWNERS:
c/o City Engineer McBirney Property Trust
City of Meridian 1162 Bentoak Lane
600 E. Watertower, Suite 200 San Jose, California 95129-3104
Meridian, ID 83642
with copy to: DEVELOPER:
City Cleric G.L. Voigt Development
City of Meridian 1908 E. Jennie Lee Drive
600 E. Watertower, Suite 200 Idaho Falls, Idaho 83404
Meridian, ID 83642
17.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
DEVELOPMENT AGREEMENT(AZ-01-012) - 14
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"Owners" and "Developer", to execute appropriate and recordable
evidence of termination of this Agreement if"City", in its sole and reasonable
discretion, had determined that "Owners" and "Developer" has fully performed
its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owners"
and "Developer" and "City" relative to the subject matter hereof, and there are
no promises, agreements, conditions or understanding, either oral or written,
express or implied, between "Owners" and "Developer" and "City", other than
as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to
a duly adopted ordinance or resolution of"City".
22.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the "City" has
DEVELOPMENT AGREEMENT (AZ-01-012) - 15
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-01-012) - 16
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this
= agreement and made it effective as hereinabove provided.
MCBiRNEY PROPERTY TRUST
u/t/a dated January 1, 1985, OWNER
BY: W. Robert McBinmey, Jr.
Trustee
G. L. VOIGT DEVELOPMENT,
DEVELOPER
BY:
:z
Attest:
BY:
CITY OF LAN
BY:
R OBERT D. CORRIE
Attest:
Ofii nrrrrrrrii
DSIERAL
CITY CLERK - .�
COUNTY
/41rrrrrrl 1 r+tisi++ti
DEWLOPMENT AGREEMENT(AZ-01-012)- 17
r
STATE OF CALIFORNIA }
ss:
County of Santa Clara }
On this -.1 day o 2002 before me,
personally appeared W. Robert McBirney,Jr., Trustee of
the McBirney Property Trust,U/T/A dated January 1, 1985, known or identified to me to
be the person whose name is subscribed to the within instrument as Trustee, and
acknowledged to me that he executed the same as Trustee on behalf of the aforenamed
Trust.
Ao" ��blic
�9 for
My commission expires: Z Ya z�L
(SEAL)
BYRON Y.YOSiiIMURA
m Comuon#1200125
STATE OF IDAHO } Notary Public-Caukoia �
:Ss Santa Clara caurdy
County of Ada } 46MycomrrLExptmOct30,ZM?
On this 2S"'-- day of M 2002, before me, ocs-e K. 015'u cvo
personally appeared Cggt c. trvlar
known or identified to me to be the Pees,o*—c — of
G.L. Voigt Development respey, and the personx who executed the instrument and.
acknowledged to me that they have executed the same on behalf of said G.L. Voi s''641110"84
Development. �,,�y I(. ''d¢s
O T.q
Notary Pubk' r Idaho
My Comlrr sion expire
(SEAL)
DEVELOPMENT AGREEMENT(AZ-01-012)- 18
'r
STATE OF IDAHO )
:ss
County of Ada )
On this � day of 2002,
before me,a Notary Public,
personally appeared Robert D. Corrie and liam G. Berg, Down or identified to me to
be the Mayor and Clerk respectively of the City of Meridian, who executed the
instrument on behalf of said City, and acknowledged to me that such City executed the
same.
s•°���f+
��' �N_ !• Notary Public for Idaho
SE AL) ��.` OT ` My Commission expires: R-05
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DEVELOPMENT AGREEMENT(AZ-01-012)- 19
EXHIBIT A
Legal Description Of Pro e
A parcel of land located in the SW'/4 of Section 31,
Township 4 North,Range I East, the SE %of Section 36,
Township 4 North, Range I West, and the NW '/4 of
Section 6, Township 3 North,Range 1 East,Boise
Meridian; Ada County,Idaho; being more particularly
described as follows:
Commencing at the southwest comer of the SW '/4 of
Section 31, Township 4 North,Range 1 East,Boise
Meridian,the REAL POINT OF BEGINNING of this
description;
Thence N 89135'39" W 25.00 feet to a point on the west
right-of-way line of Meridian Road;
Thence N 00°50'16" E 1919.33 feet along said west right-
of-way to a point;
Thence S 89°3539"E 1655.04 feet to a point;
Thence S 00150'16"W 1964.33 feet to a point on the south
right-of-way line of Ustick Road;
Along said south right-of-way;
Thence N 59°3539"W 538.34 feet to a point;
Thence N 00150'16"E 20.00 feet to a point;
Thence N 89°3539" W 1091.70 feet to a point on the west
line of the NW'/a of Section 6, Township 3 North,Range 1
East,Boise Meridian;
Leaving said south right-of-way;
Thence N 00150'16"E 25.00 feet to the REAL POINT OF
BEGINNING of this description, said parcel comprising
74.10 acres,more or less.
DEVELOPMENT AGREEMENT(AZ-01-012)-20
EXHIBIT B
Findings of Face and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT(AZ-01-012)-21
BEFORE THE MERIDIAN CITY COUNCIL
C/C 02-19-02
IN THE MATTER OF THE ) Case No. AZ-01-012
APPLICATION OF G.L. VOIGT }
DEVELOPMENT THE } FINDINGS OF FACT AND
APPLICATION FOR ) CONCLUSIONS OF LAW AND
ANNEXATION AND ZONING ) DECISION AND ORDER
OF 70.72 ACRES FOR ) GRANTING APPLICATION
SUNDANCE SUBDIVISION, ) FOR ANNEXATION AND
LOCATED AT THE } ZONING
NORTHEAST CORNER OF E. )
USTICK ROAD AND N. )
MERIDIAN ROAD, MERIDIAN, )
IDAHO
The above entitled annexation and zoning application having come on for
public hearing on November 20, 2001, and continued until February 19, 2002, at the
hour of$:30 p.m., and Shari Stiles, Planning and Zoning Administrator, and Steve
Arnold with Briggs Engineering, appeared and testified, and the City Council having
duly considered the evidence and the record in this matter therefore makes the
following Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1. There has been compliance with all notice and hearing requirements set
FINDINGS OF FACT AND CONCLUSIONS OF LAIN Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-01-012)
forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ I 1-15-5
and 11-16-1.
2. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles i 1 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.
3. The property which is the subject to the application for annexation and
zoning is described in the application, and is approximately 70.72 acres in size, is
located at the northeast comer of E. Ustick Road and N. Meridian Road, all within
the Area of Impact of the City of Meridian and the Meridian Urban Service Planning
Area.
4. The owner of record of the subject property is the McBirney Property
Trust of San Jose, California; and the applicant is G.L. Voigt Development of Idaho
Falls, Idaho.
5• The property is presently zoned by Ada County as RT, and consists of
agricultural ground.
6• The Applicant requests the property be zoned as R-8, with the intent to
develop 214 single family lots and 23 common lots, 4 office lots and a park, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-01-012)
designates the subject property as Single Family Residential.
T. The subject property is bordered to the north, east and west by
agricultural Iand and single family residences, by Eastbrook Village Subdivision to the
South and city Iimits of the City of Meridian are adjacent and abut to the west and
south of the subject property.
8. There are no significant or scenic features of major importance that
affect the consideration of this application.
9. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Recommendations of the PIanning and Zoning and Engineering staff
as follows:
1• All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans 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.
2. Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance Section
9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as
landscape irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-01-012)
3. Outside lighting shall be designed and placed so as not to direct
iIIumination on any nearby residential areas and in accordance with
City Ordinance Sections I 1-13-4.C. and 12-5-2.M.
4• Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department.
All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants.
5• A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-I-91) for all off-street parking areas in the proposed
future commercial lots. All site drainage shall be contained and disposed
of on-site.
6. Off-street parking shall be provided in the proposed future commercial
lots in accordance with the City of Meridian Ordinance 11-13 for use of
property.
7. All signage in the proposed future commercial lots shall be in accordance
with the standards set forth in Section 11-14 of the City of Meridian
Zoning and Development Ordinance. No temporary signage, flags,
banners or flashing signs shall be permitted.
8. Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
9• All construction shall conform to the requirements of the Americans
with Disabilities Act.
10. Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
11. Meridian City Ordinance 12-6 sets forth the requirements for Planned
Developments. 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.
12• A condition of the Development Agreement shall be that any proposed
uses other than an office use on Lots 45, 47, 49 and 50, Block 7 shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ701-012)
require a CUP. The office uses are allowed under the Planned
Development process and would not require a CUP if constructed in
accordance with an approved CUP site plan and plat.
13. Due to the single-family uses abutting the boundaries of lots 45, 47
and 49, BIocIc 7 (proposed as future office use), a minimum 20-foot
planting strip, in accordance with City Ordinance 12-4-7.A., is required
along the property lines of these three lots and shall be a condition
attached to this property in the Development Agreement.
Adopt the Recommendations of the ACHD as follows:
14. 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 fast.
15. Dedicate 48-feet of right-of-way from the centerline of Meridian 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.
16. Construct the main entrance off Ustick Road, located approximately
900-feet east of the west property line, as proposed. Construct the main
entrance with one inbound segment 21-feet, and construct the
outbound segment with two lanes, approximately 29-feet wide. The
median shall be constructed a minimum of 4-feet wide to total a
minimum of a 100-square foot area. The applicant shall be required to
dedicate sufficient right-of-way for the street section plus the additional
width of the median.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-0 1-0 12)
17. Construct a center turn lane on Ustick Road for the main
entrance/Ustick Road intersection. 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.
18. Construct a 5-foot wide concrete sidewalk on UsticIc Road located two-
feet within the new right-of-way. Coordinate the location and elevation
of the sidewalk with District staff.
19. Construct a 24 to 30-foot wide driveway on Ustick Road, located 420-
feet east of Meridian Road. Pave the driveway its full width and at least
30-feet into the site beyond the edge of pavement of Ustick Road and
install pavement tapers with 15-foot radii abutting the existing roadway
edge.
20. Construct the main entrance off Meridian Road, located approximately
1,300-feet north of the south property line, as proposed. Verify that the
entrance is offset a minimum of 125-feet from the proposed main
entrance to Cedar Springs Subdivision on the west side of Meridian
Road. Design the main entrance with a 21-foot street section for the
inbound segment and construct the outbound segment with two Ianes,
approximately 29-feet wide. The median shall be constructed a
minimum of 4-feet wide to total a minimum of a 100-square foot area.
Dedicate sufficient right-of-way for the street section plus the
additional width of the median.
21. Construct a center turn lane on Meridian Road for the main
entrance/Meridian Road intersection 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-01-012)
22. Construct a 24 to 30-Foot wide driveway on Meridian Road, located
440-feet north of Usticic Road. Pave the driveway its full width and at
least 30-feet into the site beyond the edge of pavement of Meridian
Road and install pavement tapers with 15-foot radii abutting the
existing roadway edge.
23. Construct a 5-foot wide concrete sidewalk on Meridian Road located
two-feet within the new right-of-way. Coordinate the location and
elevation of the sidewalk with District staff.
24. Broadwater Way shall be designated as a residential collector street with
no front-on housing, because the anticipated traffic volumes will exceed
1,000 vehicle trips per day. The access restrictions for these street
segments shall be stated on the final plat. District policy requires that
these street segments be constructed as 36-foot street sections with
curb, gutter and 5-foot wide concrete sidewalks. Parking shall be
prohibited on these street segments. Coordinate the signage plan with
District staff.
25. Unless otherwise approved, 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.
26. Construct the turnarounds to provide a minimum turning radius of 45-
feet.
27. Construct a stub street to the north property line between Lot 22, Block
1, and Lot 1, Block 5 as proposed. A paved temporary turnaround at
the end of the stub street is not required. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE". Coordinate the sign plan for the stub street with
District staff.
28. Construct a stub street to the east property line between Lot 13, Block
5, and Lot 48, Block 10 as proposed. A paved temporary turnaround at
the end of the stub street is not required. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE". Coordinate the sign plan for the stub street with
District staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-01-012)
29. Provide a $30,000 deposit to the Public Rights-of-Way Trust Fund for
the cost of constructing one-quarter of the traffic signal at the
intersection of Ustick Road and Meridian Road.
30. 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.
31. Relocate any irrigation facilities or utilities outside of the new right-of-
way on Ustick Road or Meridian Road.
32. Except for one approved driveway on Ustick Road, and one approved
driveway on Meridian Road, direct lot or parcel access to Ustick Road
or Meridian Road is prohibited. Lot access restrictions, as required with
this application, shall be stated on the final plat.
33. Comply with all ofACHD's Standard Requirements (9) listed within
their letter dated July 9, 2001.
Adopt the Recommendations of the Meridian Fire Department as follows:
34. All Uniform Fire Codes shall be met.
35. That a fire-flow of 1,000 gallons per minute be available to service the
entire project. Fire hydrants shall be placed an average of 400' apart.
36. Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins.
37. Acceptance of water supply for fire protection is contingent upon
acceptance of the water system by the City of Meridian for water
quality.
38. Fire approval of fire hydrant locations shall be by the Fire Department.
Several fire hydrants shall have to be relocated.
39. All radii shall be 28' inside and 48' outside radius.
40. Insure that all yet undeveloped parcels are maintained free of
combustible vegetation per 1103.2.4 of the UFC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-01-012)
Adopt the Recommendations of the Nampa &Meridian Irrigation District as
follows:
41. If the development is planning a pressure urban irrigation system that
will be owned, operated and maintained by the Irrigation District, then
applicant shall coordinate with the Water Superintendent for the
District, concerning the installation of the pressure system.
42. Fill out and return the questionnaire to initiate the process of
contractual agreements between the owner or developer and the
Irrigation District for the ownership, operation and maintenance of the
pressure urban irrigation system.
Additionally, comply with the action of the City Council taken at their
February 19, 2002 meeting as follows:
43. Based upon the testimony at the hearing, and the widely recognized
need for infrastructure improvements in the North Meridian Planning
Area sooner, rather than later, especially as it respects to large
developments, the Owner/Developer, as condition of annexation and
zoning, shall participate in the negotiations with Ada County Highway
District, and shall become a party to any eventual agreements worked
out by the Developer/ACHD Group.
Therefore, as a condition of annexation, and as a condition of the
Development Agreement, Applicant shall participate in any road
infrastructure in the North Meridian Planning Area agreements
negotiated with ACHD and shall faithfully perform the terms of such
agreement or agreements.
44. There shall be a hold harmless agreement executed by the Applicant and
agreed upon by the City that the applicant shall hold the City harmless
for sewer service until it is available through the White Trunk only and
there is no risk to the City in doing the annexation at this time, and the
applicants shall have to wait until all sewer easements are done and
complete.
10. It is found that it the developer pays for the requested improvements
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-01-012)
and complies with the conditions set forth in these Findings of Fact No. 9, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, a condition of annexation and zoning designation.
11. It is also found that the development considerations as referenced in
Finding No. 9 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.
12. 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.
13. 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 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-01-012)
Plan of the City as follows:
Land Use Chanter
1.4U
Transportation Chapter
1.9U
Parks Chapter
3.Le.
Community Design Chapter
4.4U
15. The property can be physically serviced with City water.
CONCLUSIONS OF LAW
l. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-01-012)
December 21, 1993, Ord. No. 629, January 4, 1994.
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.A Goals 1 through 10, inclusive.
5. The zoning of Medium Density Residential District (R-8) is defined in
the Zoning Ordinance at § 1 I-7-2 D as follows:
(-8) Medium Density Residential District: The purpose of the R-8 District
is to permit the establishment of single- and two-family dwellings at a density not
exceeding eight (8) dwelling units per acre. This District delineates those areas
where such development has or is likely to occur in accord with the
Comprehensive Plan of the City and is also designed to permit the conversion of
large homes into two-family dwellings in well-established neighborhoods of
comparable land use. Connection to the Municipal water and sewer systems of
the City is required.
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 Citv of
Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8. The development of the annexed land, if annexed; shall meet and comply
with the Ordinances of the City of Meridian including,but not limited to: Section 12-2-
4 which pertains to development time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance
of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-01-012)
9. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance
the owner and/or developer shall enter into a Development Agreement, if such is
required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1. The applicant's request for annexation and zoning of approximately 70.72
acres in size and zoned 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 70.72 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 shall be required to met the conditions set forth and in the
event the conditions herein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development, to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-01-012)
as follows:
1• All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans 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.
2. Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance Section
9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as
landscape irrigation.
3. Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Sections 11-13-4.C. and 12-5-2.M.
4. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department.
All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants.
5• A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas in the proposed
future commercial lots. All site drainage shall be contained and disposed
of on-site.
6. Off-street parking shall be provided in the proposed future commercial
lots in accordance with the City of Meridian Ordinance 11-13 for use of
property.
7• All signage in the proposed future commercial lots shall be in accordance
with the standards set forth in Section 11-14 of the City of Meridian
Zoning and Development Ordinance. No temporary signage, flags,
banners or flashing signs shall be permitted.
8. Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.K
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-01-012)
9. All construction shall conform to the requirements of the Americans
with Disabilities Act.
10. Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
11. Meridian City Ordinance 12-6 sets forth the requirements for Planned
Developments. 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.
12. A condition of the Development Agreement shall be that any proposed
uses other than an office use on Lots 45, 47, 49 and 50, Block 7 shall
require a CUP. The office uses are allowed under the Planned
Development process and would not require a CUP if constructed in
accordance with an approved CUP site plan and plat.
13. Due to the single-family uses abutting the boundaries of Lots 45, 47
and 49, Block 7 (proposed as future office use), a minimum 20-foot
planting strip, in accordance with City Ordinance 12-4-7A., is required
along the property lines of these three lots and shall be a condition
attached to this property in the Development Agreement.
Adopt the Recommendations of the ACHD as follows:
14. 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.
15. Dedicate 48-feet of right-of-way from the centerline of Meridian 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.
16. Construct the main entrance off Ustick Road, located approximately
900-feet east of the west property line, as proposed. Construct the main
entrance with one inbound segment 21-feet, and construct the
outbound segment with two lanes, approximately 29-feet wide. The
median shall be constructed a minimum of 4-feet wide to total a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-01-012)
minimum of a 100-square foot area. The applicant shall be required to
dedicate sufficient right-of-way for the street section plus the additional
width of the median.
17. Construct a center turn lane on Ustick Road for the main
entrance/Ustick Road intersection. 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.
18. Construct a 5-foot wide concrete sidewalk on Ustick Road located two-
feet within the new right-of-way. Coordinate the location and elevation
of the sidewalk with District staff.
19. Construct a 24 to 30-foot wide driveway on Ustick Road, located 420-
feet east of Meridian Road. Pave the driveway its full width and at least
30-feet into the site beyond the edge of pavement of Ustick Road and
install pavement tapers with 15-foot radii abutting the existing roadway
edge.
20. Construct the main entrance off Meridian Road, located approximately
1,300-feet north of the south property line, as proposed. Verify that the
entrance is offset a minimum of 125-feet from the proposed main
entrance to Cedar Springs Subdivision on the west side of Meridian
Road. Design the main entrance with a 21-foot street section for the
inbound segment and construct the outbound segment with two lanes,
approximately 29-feet wide. The median shall be constructed a
minimum of 4-feet wide to total a minimum of a 100-square foot area.
Dedicate sufficient right-of-way for the street section plus the
additional width of the median.
21. Construct a center turn lane on Meridian Road for the main
entrance/Meridian Road intersection 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-01-012)
22. Construct a 24 to 30-foot wide driveway on Meridian Road, located
440-Feet north of Ustick Road. Pave the driveway its full width and at
least 30-feet into the site beyond the edge of pavement of Meridian
Road and install pavement tapers with 15-foot radii abutting the
existing roadway edge.
23. Construct a 5-foot wide concrete sidewalk on Meridian Road located
two-feet within the new right-of-way. Coordinate the location and
elevation of the sidewalk with District staff.
24. Broadwater Way shall be designated as a residential collector street with
no front-on housing, because the anticipated traffic volumes will exceed
1,000 vehicle trips per day. The access restrictions for these street
segments shall be stated on the final plat. District policy requires that
these street segments be constructed as 36-foot street sections with
curb, gutter and 5-foot wide concrete sidewalks. Parking shall be
prohibited on these street segments. Coordinate the signage plan with
District staff.
25. Unless otherwise approved, 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.
26. Construct the turnarounds to provide a minimum turning radius of 45-
feet.
27. Construct a stub street to the north property line between Lot 22, Block
1, and Lot 1, Block 5 as proposed. A paved temporary turnaround at
the end of the stub street is not required. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE". Coordinate the sign plan for the stub street with
District staff.
28. Construct a stub street to the east property line between Lot 13, Block
5, and Lot 48, Block 10 as proposed. A paved temporary turnaround at
the end of the stub street is not required. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE". Coordinate the sign plan for the stub street with
District staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-01-012)
29. Provide a $30,000 deposit to the Public Rights-of-Way Trust Fund for
the cost of constructing one-quarter of the traffic signal at the
intersection of Ustick Road and Meridian Road.
30. 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.
31. Relocate any irrigation facilities or utilities outside of the new right-of-
way on Ustick Road or Meridian Road.
32. Except for one approved driveway on Ustick Road, and one approved
driveway on Meridian Road, direct lot or parcel access to Ustick Road
or Meridian Road is prohibited. Lot access restrictions, as required with
this application, shall be stated on the final plat.
33. Comply with all of ACHD's Standard Requirements (9) listed within
their letter dated July 9, 2001.
Adopt the Recommendations of the Meridian Fire Department as follows:
34. All Uniform Fire Codes shall be met.
35. That a fire-flow of 1,000 gallons per minute be available to service the
entire project. Fire hydrants shall be placed an average of 400' apart.
36. Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins.
37. Acceptance of water supply for fire protection is contingent upon
acceptance of the water system by the City of Meridian for water
quality.
38. Fire approval of fire hydrant locations shall be by the Fire Department.
Several fire hydrants shall have to be relocated.
39. All radii shall be 28' inside and 48' outside radius.
40. Insure that all yet undeveloped parcels are maintained free of
combustible vegetation per 1103.2.4 of the UFC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(A2-01-012)
Adopt the Recommendations of the Nampa &Meridian Irrigation District as
follows:
41. If the development is planning a pressure urban irrigation system that
will be owned, operated and maintained by the Irrigation District, then
applicant shall coordinate with the Water Superintendent for the
District, concerning the installation of the pressure system.
42. Fill out and return the questionnaire to initiate the process of
contractual agreements between the owner or developer and the
Irrigation District for the ownership, operation and maintenance of the
pressure urban irrigation system.
Additionally, comply with the action of the City Council taken at their
February 19, 2002 meeting as follows:
43. Based upon the testimony at the hearing, and the widely recognized
need for infrastructure improvements in the North Meridian Planning
Area sooner, rather than later, especially as it respects to large
developments, the Owner/Developer, as condition of annexation and
zoning, shall participate in the negotiations with Ada County Highway
District, and shall become a party to any eventual agreements worked
out by the Developer/ACHD Group.
Therefore, as a condition of annexation, and as a condition of the
Development Agreement, Applicant shall participate in any road
infrastructure in the North Meridian Planning Area agreements
negotiated with ACHD and shall faithfully perform the terms of such
agreement or agreements.
44. There shall be a hold harmless agreement executed by the Applicant and
agreed upon by the City that the applicant shall hold the City harmless
for sewer service until it is available through the White Trunk only and
there is no risk to the City in doing the annexation at this time, and the
applicants shall have to wait until all sewer easements are done and
complete.
4. The City Attorney shall prepare for consideration by the City Council
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-01-012)
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.
5. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided in
Meridian City Code§ 11-21-1 in accordance with the provisions of the annexation and
zoning ordinance.
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 day
Of 4/'-ak, 2002.
ROLL CALL
COUNCILMAN KEITH BIRD VOTEDA�_
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGISUNDANCE SUBDIVISION
(AZ-01-012)
COUNCILWOMAN TAMMY deWEERD VOTED_6��
COUNCILWOMAN CHERIE Mc CANDLESS VOTED 11
COUNCILMAN WILLIAM L.M. NARY VOTED*C2.,
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: J?—�O 2-
MOTION:
APPROVE_ IMPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
OT,w, ,
BY' Dated: �'✓��2 Cs' µ
City Clerk ! s.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION
(AZ-01-012)
permitted.
8. Provide five-Foot-wide sidewalks in accordance with City
Ordinance Section 12-5-2.IC.
9. All construction shall conform to the requirements of the
Americans with Disabilities Act.
10. Meridian City Ordinance 12-6 sets forth the requirements for
Planned Developments. 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.
11. That any proposed uses other than an office use on Lots 45, 47,
49 and 50, Block 7 shall require a CUP. The office uses are
allowed under the Planned Development process and would not
require a CUP if constructed in accordance with an approved
CUP site plan and plat.
12. Due to the single-family uses abutting the boundaries of Lots 45,
47 and 49, Block 7 (proposed as future office use), a minimum
20-foot planting strip, in accordance with City Ordinance 12-4-
TA., is required along the property lines of these three lots.
13. 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.
14. Dedicate 48-feet of right-of-way from the centerline of Meridian
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.
15. Construct the main entrance off Ustick Road, located
approximately 900-feet east of the west property line, as
proposed. Construct the main entrance with one inbound
DEVELOPMENT AGREEMENT(AZ-01-012) - 6