Berkeley Square Subdivision AZ 01-021MERIDIAN CiTY
DEVELOPMENT AGREEMENT
PARTIES:
City of Meridian
Jake Centers, Owner
Jonathan Wardle, Wardle & Associates, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this ~4-a~ day of /7'6a~ ,2ev~92-, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and JAKE CENTERS, hereinafter called "OWNER",
whose address is 2011 Locust Grove, Meridian, Idaho 83642, and
JONATHAN WARDLE, WARDLE & ASSOCIATES, hereinafter called
"DEVELOPER", whose address is 50 Broadway Avenue, Suite B, Boise, Idaho
83702.
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. {}67-651 iA, 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-01-021) - 1
1.5
designation of (R-8) Medium Density Residential District,
(Municipal Code of the City of Meridian); and
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
1.7
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 /~day of/}qa,~, 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
I.I0
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-01-021) - 2
subsequent use of the "Property" is in accordance with the
terms and conditions of this development agreement,
herein being established as a result of evidence received by
the "City" in the proceedings for annexation and zoning
designation from government subdivisions providing
senrices 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 Jake Centers, whose
address is 2011 Locust Grove Meridian, Idaho 83642, the
party developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
3.3
"DEVELOPER": means and refers to Jonathan Wardle,
Wardle & Associates, whose address is 50 Broadway
Avenue, Suite B, Boise, Idaho 83702, the party developing
DEVELOPMENT AGREEMENT (AZ-01-021) - 3
3.3
USES
said "Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
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 11-7-2 (D) which
are herein specified as follows:
Derelopment of 35 residential building lots and 15 other
lots.
Development shall be consistent with the Meridian
Comprehensive Plan Generalized Lane Use Map which
designates the property as Mixed Residential, and go
through the planned development process and as conditional
uses.
4.2
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and
"Developer" are not required to submit to "City" an application for conditional
use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
Ao
"Owners" and "Developer" shall develop the "Property" in
accordance with the following special conditions:
DEVELOPMENT AGREEMENT (AZ-01-021) - 4
If the legal description is not accurate, a new legal description shall
be submitted.
If fill is added, existing grades shall be met at the property line, or
provide proof to Public Works and Building Department that a fill
slope easement has been secured from the adjoining property
owners.
o
Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City
Ordinance Section 5-7-517. Wells may be used for non-domestic
purposes such as landscape irrigation.
Dedicate 48-feet of right-of-way from the centerline of Ten Mile
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.
Construct a 5-foot wide detached concrete sidewalk on North
Ten Mile Road located 2-feet within the new right-of-way.
Coordinate the location and elevation of the sidewalk with
District staff. If the sidewalk meanders outside of the right-of-
way, provide an easement for the sidewalk.
Construct the main entrance to the subdivision, West Wave
Drive, on Ten Mile Road approximately 150-feet south of the
north property line, as proposed. This roadway location has been
approved through a modification of policy.
Construct West Wave Drive with 21-foot street sections on
either side of a center median. The median shall be constructed a
minimum of 'i-feet wide (maximum 12-feet wide) to total a
minimum of a 100-square foot area. The applicant will be
required to dedicate 54-feet of right-of-way plus the additional
width of the median.
DEVELOPMENT AGREEMENT (AZ-01-021) - 5
10.
11.
12.
13.
14.
15.
16.
Construct a non-circular turnaround at the west end of West
Wave Drive. The District will consider alternatives to the
standard turnaround on a case-by-case basis. This will be based
on turning area, drainage, maintenance considerations and the
written approval of the emergency fire service for the area where
the development is locate. Submit a design of the turnaround for
review and approval by District staff.
Construct a stub street to the north property line, as proposed,
and 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.
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.
Utility street cuts in pavement less than five years old are not
allowed unless approved in writing by the District.
Any existing irrigation facilities shall be relocated outside of the
right-of-way.
All utility relocation costs associated with improving street
frontages abutting the site shall be borne by the developer.
Other than the access point specifically approved with this
application, direct lot or parcel access to Ten Mile Road is
prohibited. Lot access restrictions, as required with
thisapplication, shall be stated on the final plat.
Comply with all of ACHD's Standard Requirements from their
report dated December 19, 2001.
That a fire-flow of 1,000 gallons per minute shall be available for
duration of 2 hours to service the entire project. Fire hydrants
shall be placed an average of 400' apart. 1997 UFC Appendix III-
A.
DEVELOPMENT AGREEMENT (AZ-01-021) - 6
17.
Operational fire hydrants and temporary or permanent street
signs are required before combustible construction begins. UFC
901.4.2. & 901.3
18.
Acceptance of the water supply for fire protection will be by the
Meridian Water Department.
19.
Final approval of the fire hydrant locations shall be by the
Meridian Fire Department.
20.
All access roads radii shall be 28' inside and 48' outside radius,
this includes the entry off of Ten Mile Road, and the entry into
each private common drive.
21.
Insure that all yet undeveloped parcels are maintained free of
combustible vegetation per section 1103.2.4 of the Uniform Fire
Code.
22.
The roadways shall be built to Ada County Highway Standards.
UFC 902.2.1
23. The units shall be individually addressed with 6" numbers.
24.
The 20' private common drive shall be posted "No Parking Fire
Lane".
25.
Provide a fire hydrant at the corner of Ten Mile and W. Ware
Dr.
26. Post the end of W. Ware Dr. "No ParMng Fire Lane".
27. Increase the street width of W. Ware to 37'.
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
DEVELOPMENT AGREEMENT (AZ-O1-021) - 7
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
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
DEVELOPMENT AGREEMENT (AZ-01-021) - 8
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.
! 1. 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;
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
DEVELOPMENT AGREEMENT (AZ-01-021) - 9
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 indude, without limitation, acts
of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time
of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code '12-5-3, to insure that
installation 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
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:
DEVELOPMENT AGREEMENT (AZ-01-021 ) - 10
CITY:
OWNERS:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Jake Centers
2011 Locust Grove
Meridian, Idaho 83642
with copy to:
DEVELOPER:
City Cleric
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Jonathan Wardle
Wardle & Associates
50 Broadway Avenue, Suite B
Boise, Idaho 83702
I7.1
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
DEVELOPMENT AGREEMENT (AZ-01-021) - 11
prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subiect 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
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-01-021) - 12
ACIGNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNERS:
WARDLE & ASSOCIATES,
DEVELOPER
Attest:
BY
CITY O~ei~IAN
~v'o ~.,~O?.~,T,,,,p. copau
Attest:
SEAL
DEVELOPMENT AG~EMENT (AZ-01
STATE OF IDAHO)
:SS
COUNTY OF ADA)
On this r-/ day o.f j~ (Lc,] , in the year
2002, before me, iq ir~tM L. Ke~ le_&,} J a Notary Public,
personally appeared Jake Center-g, lmown or identified to me to be the person
who executed the instrument and acknowledged to me that he executed the
same.
ot~a~ Pet!or Idaho~~
Residing at: ~bgA.)~ ~/~/Z)
Commission exPires: I]~]05~
STATE OF IDAHO)
COUNTY OF ADA)
:SS
On this ,~-"
2002, before me,-~c;~_.rOOl
appeared Jonathan Wardle and
ident~~be the "~P_~ a e_-~ p~dl~ and
of Wardle & Associates, and the persons
who executed the instrument and acknowledged to me that they having
executed the same on behalf of said Wardle & Associates.
day of ~ , in the year
& /4a_z e ' a Notary Public, personally
fh. le. laa_e..{ bjo_~',41~_ , known or
BEVERLY M. HAIFI
(SEA~), NOTARY PUBLIC
STATE OF IDAHO
Residing at:
Commission expires:..
DEVELOPMENT AGREEMENT (AZ-01-021) - 14
STATE OF IDAHO )
:SS
County of Ada )
On this ~.p~k~ day of ~"~q(~ , in the year 2002,
before ~)ff, a Notary Public, personally appeared Robert D. Corrie and William
G. Ber~qm~ ow 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)
Notary Public for Idaho
Commission expires:
Z:\WorkWl~MeridianWleridian 15360M~Berkeley Sq Sub AZ01-021 PP01-022 CUP01-040~DevelopAgr.doc
DEVELOPMENT AGREEMENT (AZ-01-021) - 15
EXHIBIT A
Legal Description Of Property
A parcel of land being a portion of the North 1/2 of the SE 1/4 NE 1/4 of
Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the SE comer of said SE ¼ NE ¼, (East ¼ comer), said comer
monumented with a 3 inch diameter brass disk;
Thence N. 0025'27'' E., a distance of 664.02 feet, (formerly 664.10 feet), along
the east boundary of said SE ¼ NE ¼ to the SE comer of said North ½ of the SE
¼ NE ¼, (SN 1/64 comer), said comer being the POINT OF BEGINNING;
Thence N. 89°11 '47" W., a distance of 25.00 feet, (formerly N. 89016' 13" W.),
along the south boundary of said North ½ of the SE ¼ NE ¼ to a found 5/8 inch
diameter iron pin;
Thence continuing along the south boundary of said North ½ of the SE ¼ NE ¼,
N. 89°11'47" W., a distance of 701.00 feet, (formerly N. 89°16'13" W.), to a
found 5/8 inch diameter iron pin;
Thence N. 0°25'27" E., a distance of 300.00 feet parallel with the east boundary
of said SE ¼ NE ¼ to a found 5/8 inch diameter iron pin;
Thence S. 89°11 '47" E., a distance of 701.00 feet, (formerly S. 89016' 13" E.),
parallel with the south boundary of said North ½ of the SE ¼ NE ¼ to a found
5/8 inch diameter iron pin;
Thence continuing S. 89011'47'' E., a distance of 25.00 feet, (formerly S.
89° 16' 13" E.), parallel with the south boundary of said North ½ of the SE ¼ NE
¼ to a point on the east boundary of said SE ¼ NE ¼;
Thence S. 0025'27'' W., a distance of 300.00 feet along the east boundary of said
SE ¼ NE ¼ to the POINT OF BEGINNING.
DEVELOPMENT AGREEMENT (AZ-O 1-021) - 16
This parcel contains 5 acres more or less.
Except any portion lying within the right of way of Ten Mile Road.
Also, this parcel is subject to all easements and rights-of-way of
record or implied.
DEVELOPMENT AGREEMENT (AZ-01-021) - 17
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-01-021) - 18
BEFORE THE MERIDIAN CITY COUNCIL
C/C 03-05-02
IN THE MATTER OF THE )
APPLICATION OF WARDLE )
AND ASSOCIATES, THE )
APPLICATION FOR )
ANNEXATION AND ZONING )
OF 4.83 ACRES FOR BERILELEY )
SQUARE SUBDIVISION, )
LOCATED AT 1025 N. TEN )
MILE ROAD, MERIDIAN, )
IDAHO )
Case No. AZ-01-021
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 February 19, 2002 and continued until March 5, 2002, at the hour
of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, John Wardle,
appeared and testified, and the City Council having duly considered the evidence and
the record in this matter therefore makes the following Findings of Fact and
Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BERKELEY SQUARE
SUBDIVISION - (AZ-01-021 )
and 11-16-1.
2. The City Council takes judicial notice of its zoning, subdivisions 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.
3. The property which is the subject to the application for annexation and
zoning is described in the application, and is approximately 4.83 acres in size, is
located at 1025 N. Ten Mile 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 Jake Centers of Boise,
Idaho; and the applicant is Jonathan Wardle, Wardle & Associates of Boise, Idaho.
5. The property is presently zoned by Ada County as RUT, and consists of
a single family residence.
6. The Applicant requests the property be zoned as R-8, with the intent to
develop 35 residential building lots and 15 other lots, which is consistent with the
Meridian Comprehensive Plan Generalized Land Use Map which designates the
subject property as Mixed Residential.
7. The subject property is bordered to the north by a rural residence,
zoned R-4, and Parkside Creek Subdivision, R-4, to the south by County rural zoned
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BERKELEY SQUARE
SUBDIVISION - (AZ-01-021 )
RUT, and southeast the proposed Valerie Heights Apartments, zoned R-15, to the
east Thunder Creek Subdivision, zoned R-4, and to the west by Chaparral
Elementary School, zoned R-4.
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 Planning and Zoning and Engineering staff
as follows:
1. If the legal description is not accurate, a new legal description shall be
submitted.
2. If fill is added, existing grades shall be met at the property line, or provide
proof to Public Works and Building Department that a fill slope easement
has been secured from the adjoining property owners.
3. Any existing domestic wells and/or septic systems within this project shall
have to be removed from their domestic service per City Ordinance Section
5-7-517. Wells may be used for non-domestic purposes such as landscape
irrigation.
4. A development agreement shall be required as part of this annexation
request.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BERKELEY SQUARE
SUBDIVISION- (AZ-01-021)
Adopt the Recommendations of the ACHD as follows:
o
Dedicate 48-feet of right-of-way from the centerline of Ten Mile 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.
°
Construct a 5-foot wide detached concrete sidewalk on North Ten Mile
Road located 2-feet within the new right-of-way. Coordinate the
location and elevation of the sidewalk with District staff. If the
sidewalk meanders outside of the right-of-way, provide an easement for
the sidewalk.
o
10.
Construct the main entrance to the subdivision, West Wave Drive, on
Ten Mile Road approximately 150-feet south of the north property line,
as proposed. This roadway location has been approved through a
modification of policy.
Construct West Wave Drive with 21-foot street sections on either side
of a center median. The median shall be constructed a minimum of 4-
feet wide (maximum 12-feet wide) to total a minimum of a 100-square
foot area. The applicant will be required to dedicate 54-feet of right-of-
way plus the additional width of the median.
Construct a non-circular turnaround at the west end of West Wave
Drive. The District will consider alternatives to the standard
turnaround on a case-by-case basis. This will be based on turning area,
drainage, maintenance considerations and the written approval of the
emergency fire service for the area where the development is locate.
Submit a design of the turnaround for review and approval by District
staff.
Construct a stub street to the north property line, as proposed, and
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 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BERKELEY SQUARE
SUBDIVISION - (AZ-01-021 )
11.
12.
13.
14.
15.
16.
Adopt
17.
18.
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.
Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
Any existing irrigation facilities shall be relocated outside of the right-of-
way.
All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
Other than the access point specifically apprOved with this application,
direct lot or parcel access to Ten Mile Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
Comply with all of ACHD's Standard Requirements from their report
dated December 19, 2001.
the Recommendations of the Meridian Fire Department as follows:
That a fire-flow of 1,000 gallons per minute shall be available for
duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart. 1997 UFC Appendix III-A.
Operational fire hydrants and temporary or permanent Street signs are
required before combustible construction begins. UFC 901.4.2. &
901.3
19.
20.
21.
Acceptance of the water supply for fire protection will be by the
Meridian Water Department.
Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
All access roads radii shall be 28' inside and 48' outside radius, this
includes the entry off of Ten Mile Road, and the entry into each private
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BERKzELEY SQUARE
SUBDIVISION - (AZ-01-021 )
common drive.
22. Insure that all yet undeveloped parcels are maintained free of
combustible vegetation per section 1103~2.4 of the Uniform Fire Code.
23. The roadways shall be built to Ada County Highway Standards. UFC
902.2.1
24. The units shall be individually addressed with 6" numbers.
25. The 20' private common drive shall be posted "No Parking Fire Lane".
26. Provide a fire hydrant at the corner of Ten Mile and W. Ware Dr.
27. Post the end of W. Ware Dr. "No Parking Fire Lane".
28. Increase the street width of W. Ware to 37'.
10. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 9, and all
sub-pans, the economic welfare of the City and its residents and tax and rate payers
will be protected, a condition of annexation and zoning designation.
1 I. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BEKKELEY SQUARE
SUBDIVISION - (AZ-01-021)
neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors. The
intended character of the Mixed Residential district is to allow for a variety of
residential projects, including higher densities.
It is also found that the proposed use will slightly increase traffic on the
surrounding streets, but the proposed vehicular approaches to the property will not
create an interference with the existing level of traffic.
Additionally, it is also found that the site does have several large existing trees,
and any existing trees larger than 4" caliper that are removed shall be mitigated for,
per the Landscape Ordinance.
12. It is found that the surrounding properties include the elementary
school, rural residences and residential subdivisions. Valerie Heights Apartments was
approved "kitty corner" to the project, but has never been actually developed. A
future transit station is envisioned near the intersection of Ten Mile Road and the
railroad, which is approximately 1/4 mile from the subject property.
13. It is found that the zoning of the subject real property as Medium
Density Residential District (K-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 Mixed
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOK ANNEXATION AND ZONING/BEKIr~LEY SQUARE
SUBDIVISION - (AZ-01-021 )
14.
Residential.
14. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
Goals Section:
Goal 4, Goal 8
Economic Development Chapter:
3.1U, 3.2U
Land Use Chapter:
2.1U, 2.4U
Transportation Chapter:
1.19U, 1.14, 1.18, 1.19
Community Design Chapter:
6.2U, 6.11U
15. The property can be physically serviced with City water and sewer, since
the applicant has extended the lines.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BERK. ELEY SQUARE
SUBDIVISION- (AZ-01-021 )
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:
Goals Section:
Goal 4, Goal 8
Economic Development Chapter:
3.1U, 3.2U
Land Use Chapter:
2.1U, 2.4U
Transportation Chapter:
1.19U, 1.14, 1.18, 1.19
Community Design Chapter:
6.2U, 6.11U
5. The zoning of Medium Density Residential District (R-8) is defined in
the Zoning Ordinance at § 11-7-2 D as follows:
(R-8) Medium Density' Residential District: The purpose of the R-8 District
is to permit the establishment of single- and two-family dwellings at a density not
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BERKELEY SQUARE
SUBDIVISION - (AZ-01-021)
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.
6. Since the annexation and zoning of land is a legislative function, the City
has authority to place conditions upon the annexation of land. See Burr vs. The City of
Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983).
7. The development of the annexed land, if annexed, shall meet and comply
with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-
4 which pertains to development time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance
of the City of Meridian.
8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance
the owner and/or developer shall enter into a Development Agreement, 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BERKELEY SQUARE
SUBDIVISION- (AZ-O 1-021 )
1. The applicant's request for annexation and zoning of approximately 4.83
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 4.83 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
as follows:
1. If the legal description is not accurate, a new legal description shall be
submitted.
2. If fill is added, existing grades shall be met at the property line, or provide
proof to Public Worlcs and Building Department that a fill slope easement
has been secured from the adjoining property owners.
3. Any existing domestic wells and/or septic systems within this project shall
have to be removed from their domestic service per City Ordinance Section
5-7-517. Wells may be used for non-domestic purposes such as landscape
irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BERKELEY SQUARE
SUBDIVISION - (AZ-O 1-021 )
A development agreement shall be required as part of this annexation
request.
Adopt
5.
o
the Recommendations of the ACHD as follows:
Dedicate 48-feet of right-of-way from the centerline of Ten Mile 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.
Construct a 5-foot wide detached concrete sidewalk on North Ten Mile
Road located 2-feet within the new right-of-way. Coordinate the
location and elevation of the sidewalk with District staff. If the
sidewalk meanders outside of the right-of-way, provide an easement for
the sidewalk.
o
o
10.
Construct the main entrance to the subdivision, West Wave Drive, on
Ten Mile Road approximately 150-feet south of the north property line,
as proposed. This roadway location has been approved through a
modification of policy.
Construct West Wave Drive with 21-foot street sections on either side of
a center median. The median shall be constructed a minimum of 4-feet
wide (maximum 12-feet wide) to total a minimum of a 100-square foot
area. The applicant will be required to dedicate 54-feet of right-of-way
plus the additional width of the median.
Construct a non-circular turnaround at the west end of West Wave
Drive. The District will consider alternatives to the standard
turnaround on a case-by-case basis. This will be based on turning area,
drainage, maintenance considerations and the written approval of the
emergency fire service for the area where the development is locate.
Submit a design of the turnaround for review and approval by District
staff.
Construct a stub street to the north property line, as proposed, and
install a sign at the terminus of the roadway stating that, "THIS ROAD
WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BERK. ELEY SQUARE
SUBDIVISION - (AZ-01-021 )
for the stub street with District staff.
11.
Construct all public roads within the subdivision as 36-foot street
sections with curb, gutter, and 5ofoot wide concrete sidewalks within 50-
feet of right-of-way.
12.
Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
13.
Any existing irrigation facilities shall be relocated outside of the right-of-
way.
14.
All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
15.
Other than the access point specifically approved with this application,
direct lot or parcel access to Ten Mile Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
16.
Comply with all of ACHD's Standard Requirements from their report
dated December 19, 2001.
Adopt the Recommendations of the Meridian Fire Department as follows:
17.
That a fire-flow of 1,000 gallons per minute shall be available for
duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart. 1997 UFC Appendix III-A.
18.
Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins. UFC 901.4.2. &
901.3
19.
Acceptance of the water supply for fire protection will be by the
Meridian Water Department.
20.
Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BERKELEY SQUARE
SUBDIVISION- (AZ-01-021 )
21. All access roads radii shall be 28' inside and 48' outside radius, this
includes the entry off of Ten Mile Road, and the entry into each private
common drive.
22. Insure that all yet undeveloped parcels are maintained free of
combustible vegetation per section 1103.2.4 of the Uniform Fire Code.
23. The roadways shall be built to Ada County Highway Standards. UFC
902.2.1
24. The units shall be individually addressed with 6" numbers.
25. The 20' private common drive shall be posted "No Parking Fire Lane".
26. Provide a fire hydrant at the comer of Ten Mile and W. Ware Dr.
27. Post the end of W. Ware Dr. "No Parking Fire Lane".
28. Increase the street width of W. Ware to 37'.
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.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BERKELEY SQUARE
SUBDIVISION - (AZ-01-021 )
NOTICE OF FINAL ACTION
Please tal~e notice that this is a final action of the goveming 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.
of
By action of the City Council at its regular meeting held on the
ROLL CALL
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc CANDLESS
COUNCILMAN WILLIAM L.M. NARY
MAYOR ROBERT D. CORRIE (TIE BREAK. ER)
DATED: ~:~ --t/ q'"' ~ ~"
MOTION:
APPROVED:
DISAPPROVED:
day
VOTED_~c~
VOTED_~~
VOTED_~
VOTED_~
VOTED "'"'--
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BERIrdiiLEY SQUARE
SUBDIVISION - (AZ-O1-021)
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
Z:XWork~eridian~eridian 15360~erkeley Sq Sub ~01-021 PPO 1-022 CUPO 1-040~Ffcl&Order.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BERKELEY SQUARE
SUBDIVISION - (AZ-O 1-021 )