Seventh Day Adventist Church AZ 05-024
A.DA. COUNTY RECORDER J. DA.VID NA.VA.RRO
~~~~A.~~"1~~~~:SO~2:16 PM 1\\ \1\\1"'\\1\"\\\1\""\1\1\ \11 1\1
RECORDED - REQUEST OF 105164027
Meridian Ci\V
A.MOUNT
.00
34
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
3.
4.
City of Meridian
GRH Ten Mile LLC, Owner
Halker Properties LLC, Owner
Hawkins Companies, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this ll'"\\-l day of OQ-\nbLr- , 2005, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called "CITY', and GRH Ten Mile
LLC and Halker Properties LLC, hereinafter called "OWNERS" and Hawkins Companies,
hereinafter called "DEVELOPER".
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 for each owner, 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. 9 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owners" and/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- I 5-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Owners" and/or "Developer" has submitted an
application for annexation and zoning of the "Property's" described
in Exhibit A, and has requested a designation of (L-O) Limited Office
District, (Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Owner" and/or "Developer" made representations at
the public hearings both before the Meridian Planning & Zoning
Commission and before the Melidian City Council, as to how the
DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH
PAGE 1 OF 12~
subject "Property" will be developed and what improvements will be
made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 6th day of September, 2005, 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 refen-ed to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Owners" and/or "Developer"
to enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
1.9 "OWNERS" and/or "DEVELOPER" deem it to be in their best
interest to be able to enter into this Agreement and acknowledge that
this Agreement was entered into voluntarily and at their urging and
requests; and
1.10 WHEREAS, "City" requires the "Owners" and/or "Developer" to
enter into a development agreement for the purpose of ensuring that
the "Property" is developed and the subsequent use of the "Property"
is in accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for zoning designation from
government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6,2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11 and Title 12.
DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH
PAGE 2 OF 12+2-
NOW, THEREFORE, in consideration of the covenants and conditions set
fOlth 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 A venue,
Meridian, Idaho 83642.
3.2 "OWNERS": means and refers to GRH Ten Mile LLC, whose
address is 8645 W. Franklin Road, Boise, ill 83709 and Halker
Properties LLC, whose address is 8645 W. Franklin Road, Boise, ill
83709, the patties who own the said "Property" and shall include any
subsequent owner(s) of the "Property".
3.3 "DEVELOPER": means and refers to Hawkins Companies, whose
address is 8645 West Franklin Road, Boise, ID 83709 the party
developing said "Property" and shall include any subsequent
developer(s) of the "Property",
3.4 "PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned L-O (Limited Office District) attached hereto and by this
reference incorporated herein as if set forth at length,
4.
USES PERMITTED BY THIS AGREEMENT:
4.] 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 (G) which are herein specified as follows:
DEVELOPMENT AGREEMENT CAZ 05-024) SEVENTH DAY ADVENTIST CHURCH
PAGE 3 OF 12~
Construction and development of either a conditional use permit or
a planned development application shall be submitted to the City of
Meridian prior to a future development in the LRO zone, and the
pertinent provisions of the City of Meridian Comprehensive Plan
are applicable to this AZ 05R024 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1 "Owners" and/or "Developer" shall develop the "Property" in accordance
with the following special conditions:
1. That no alterations, expansions, reconstructions or other enlargements to
the existing single-family stmcture will be permitted except through a
Certificate of Zoning Compliance (CZC) and except where 1) the use of
the stmcture changes to a use consistent with this Development
Agreement and 2) the stmcture meets all applicable development
standards such as setbacks, frontage, height, etc.
2. That no building or other stmcture shall be erected, moved, added to or
stmcturally altered, nor shall any building, structure or land be established
or changed in use without a Certificate of Zoning Compliance (CZC).
3. That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
4. That the following shall be the only allowed uses on this property:
churches and associated activities,
5. That the applicant agrees to provide reasonable and fair means for the
parcel to the west (Parcel No, S 1204449300) to acquire and improve, as a
street, the 25-foot wide area containing the existing ingress and egress
easement, and further agrees to sell to the parcel to the west an additional
25-feet south of the existing 25-foot wide easement for a future street.
The means for the acquisition of the 50-foot wide area are attached as
Exhibit E, which shall be included as part of the development agreement.
DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DA Y ADVENTIST CHURCH
PAGE 4 OF 12-h!
6. That prior to issuance of a Certificate of Zoning Compliance (CZC)
permit, the applicant agrees to provide a vehicular cross-street easement
to the property to the south, if a driveway is constructed near the south
property line.
7. That vehicular access to this site shall be restricted to those approved by
ACHD and the City.
8. That the applicant shall construct a 6-foot tall solid fence along the west
property line. Said fence shall not be constructed of cedar.
9. That future building setbacks from the access easement shall be in
compliance with the setback of the L-O zone for streets.
6. 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/or "Developer" or "Owners" and/or "Developers" 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 Idaho Code S 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DEMANNEXA TION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" and/or "Developer" consents upon default to the reversal of the
zoning designation of the "Property" subject to and conditioned upon the following
conditions precedent to-wit:
7.1 That the "City" provide written notice of any failure to comply with
this Agreement to "Owners" and/or "Developer" and if the "Owners"
and/or "Developer" fails to cure such failure within six (6) months of
such notice,
8. INSPECTION: "Owners" and/or "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.
9.
DEFAULT:
DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH
PAGE 5 OF 12~
9.1 In the event "Owners" and/or "Developer", "Owners" and/or
"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.
9.2 A waiver by "City" of any default by "Owners" and/or "Developer"
of anyone or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any other
rights or remedies of "City" or apply to any subsequent breach of any
such or other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owners" and/or "Developer's" cost, and submit proof of such recording to "Owners" and/or
"Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with
the re-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.
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owners" and/or "Developer", or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Owners" and/or "Developer" shall have thirty (30)
days after delivery of notice of said breach to correct the same prior to
the non-breaching patty'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
DEVELOPMENT AGREEMENT CAZ 05-024) SEVENTH DAY ADVENTIST CHURCH
PAGE 6 OF 12~
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,
12.2 In the event the performance of any covenant to be performed
hereunder by either "Owners" and/or "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 oftime of
such delay.
13. 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 S 12-5-3, to insure that installation ofthe improvements,
which the "Owners" and/or "Developer" agrees to provide, if required by the "City".
14, CERTIFICATE OF OCCUPANCY: The "Owners" and/or "Developer"
agrees that no Certificates of Occupancy will be issued until an improvements are completed,
unless the "City" and "Owner" and/or "Developer" has 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".
IS. ABIDE BY ALL CITY ORDINANCES: That "Owners" and/or
"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.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
DEVELOPER:
DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH
PAGE 7 OF 12+2:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian,ID 83642
Hawkins Companies
8645 West Franklin Road
Boise, ill 83709
OWNERS:
GRH Ten Mile LLC
8645 West Franklin Road
Boise, ID 83709
Halker Properties LLC
8645 West Franklin Road
Boise, ill 83709
with copy to:
Ci ty Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ill 83642
16.1 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.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto conceming 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 forreiture
of this Agreement.
18. 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
perrOlm.
19, BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH
PAGE 8 OF 12~
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Owners" and/or "Developer" 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 "Propelty", 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 benefited and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Owners" and/or "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/or "Developer" has fully
performed its obligations under this Agreement.
20. 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.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owners" and/or
"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/or "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 wliting 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",
21.1 No condition governing the uses and/or conditions governing re-zoning 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.
22. 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.
ACKNOWLEDGMENTS
DEVELOPMENT AGREEMENT CAZ 05-024) SEVENTH DAY ADVENTIST CHURCH
PAGE 9 OF ]2~
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELOPER:
HAW~~
OWNERS:
~/
GRH ~ Mi L~ , --;ner
H~r~~c:~
CITY OF MERIDIAN
Attest:
""O;t, ~~ 10 -(g-tl$'
%
CITY CLERK
DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH
PAGE 10 OF 1l.:Q
STATE OF IDAHO, )
: ss:
County of Ada, )
On this \\~ day ofO,-~~ ,2005, before me, the undersigned, a
Notary Public in and for said State, personally appeared ~ c<. ~ L^1.
on behalf of Hawkins Companies, known or Iden 1fied to me to be the
~~ of said corporation, who executed the instrument on behalf of said
corporation, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and y~apqnothjR certificate first above written.
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STATEOFlDAHO, )
: ss:
County of Ada, )
On this ~ day of b!o.bv- , 2005, before me, the l1ndersigned, a
Notary Public in and for said State, personally appeared ~;";Z If fb.WKj~
on behalf of GRH Ten Mile LLC, known or ide ified to me to be the
m~h6lY of said corporation, who executed the instrument on behalf of said
corpora . on, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and ~e'}f in this certificate first above written.
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DEVELOPM~~f1-.lGBBEM~N>t' (AZ 05.024) SEVENTH DAY ADVENTIST CHUR
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PAGE 11 OF 1l.:Q
STATE OF IDAHO, )
: ss:
County of Ada, )
On this II!!.. day of Odobir . 2005, fore me" ~he undersigned, a
Notary Public in and for said State, personally appeared l/Qr
on behalf of Halker Properties LLC, known or id Ified to me to be the
fnJlh& vr- of said corporation, who executed the instrument on behalf of said
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corporatlOn, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day ap.6f,Yelli~,tJ)is certificate first above written.
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STATEOFIDAHO )
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County of Ada )
On this I gth. day of ('\clnhf'r , 2005, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
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DEVELOPME~IfalA<lJl!MENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH
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PAGE 12 OF 1l.:Q
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EXHIBIT A
Seventh Day Adventist Church Annexation
Az...05-{)24
Legal Description
--"-
IDAHO
SURVEY
GROUP
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fox (208) 8JH.5m
Projecl No. 05-021
DESCRIPTION FOR
STAFFORD PROPERTY
Febl1.l81)1 7. 2005
A tracl or land in tl'le Southeast Quarter of the Southeast Quarter of Sectlon 4.
T.3N.. R.1W., 8,M" Ada County, Idaho more particuJarlydesclibed 8\i follows:
8EGINNING at a point on the seclJon line Which bE/ara North 00.17'10" East,
653.28 feallrom the section corner common to 5aclicns 3. 4. 9 and 10, T.3N., R.1W_,
B.M.. Ada County, Idaho;
thance North 00"17'10. East along theseclion line, 411.34 faello a point;
thence North 89"39'20' West. 529.54 faet to a steel pin:
thence South 00017'10. Weal, 411.34 10 e steat pin;
thence South 89"39'20. East, 529.54 reet to lMe POINT OF SEGINN1NG.
containing 5.00 acre-s, more or less.
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EXHIS1 ~
CITY OF :MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Annexation and Zoning Approval of 5.0 Acres from RUT
(Ada County) to L~O (Limited Office District), by Hawltins Companies
Case No(s)~ AZ~05-024
For th.e City Council Hearing Date of: August 9 and September 6) 2005
A. Findings of Fact
L Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing) the first publication appearing and written notice
mailed to property owners or purchasers ofrecord witlrin three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code 967-
6509.
The matter was duly considered by the City Council at the August 9 and September
6,2005, public hearing(s). The applicant" affected property owners" and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian were given full opportunity to express comments and submit e:vidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to tbe City Council.
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17w5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
a. I11 addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject applicalion(s), it is hereby
ClTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS Of LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-024- PAGE I of1
verified that the prope11y owner(s) of record at the time of issuance of these
findings are GRH Ten Mile LLC, and Halker Properties LLC.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit D for the findings required for this application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975/t codified at Chapter 65. Title 67, Idaho Code (I.e. ~67~
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code" and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6t 2002t Resolution No. 02-382 and Maps.
3. TIle conditions shall be reviewable by the City Council pursuant to Meridian City Code
~ 11-l7~9.
4, Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision~ which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department~ the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Conceptual Site
Plan dated March 17, 2005 as shown in Exhibit B~ and the Annexation and Zoning
Comments as shown in Exhibit C. The conditions are concluded to be reasonable and
the applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council~s authority as provided in Meridian City Code ~ 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Conceptual Site Plan as evidenced by having submitted the
Conceptual Site Plan dated March 17, 2005 is hereby conceptually approved; and,
2. The Annexation and Zoning Comments are as shown in Exhibit C.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSroNS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-024. PAGE 2 of 4
D. Notice of Final Action and Right to Re!:,rulatory Takings Analysis
1. Please take notice that this is a final action of the govenung body of the City of
Meridian, pursuant to Idaho Code S 67H6S21 an affected person being a person who has
an interest in real propelty which may be advel'sely affected by the issuallce or denial of
the. conditional use pennit approval 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.
E. Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Conceptual Site Plan
Exlribit C: Annexation and Zoning Comments
Exhibit D: Zoning Amendment Findings
Exhibit E: IngressfEgress Easement Area Agreement
By': action ofthe City Council at its regular meeting held on the
~~~ ,2005.
z.tJ~
day of
..
VOTED~
VOTED~
VOTED~
VOTED~
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH Bffi..D
----
MAYOR TAl\1MY de WEERD
(TIE BREAKER)
VOTED
~.~
Mayo y de Weerd
CITY OF MERIDiAN F1NDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S}. AZ-OS.024. PAGE 3 of 4
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Copy served upon Applicant, The Planning and Zoning lJepartment, Public Works Department
Attest:
and City Attorney.
BY:~li m-~lM..I
ity Clerk's Office
Dated:~ -OS
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-DS.024. PAGE 4 of 4
;EXHIBIT A
Seventh Day Adventist Church Annexation
AZ-05-024
Legal Description
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F:t.'< (208) 06-1.5399
PmJect No. 05-021
February 7. 2005
DESCRIPTION FOR
STAFFORD PROPERTY
A lract of land in the Southaast Quarter of the Southeast Quarter of Section 4.
T.3N., R.1W., B.M., Ada Counly, Idaho more particularly described as follows:
BEGINNING at a poInt on lhe section line Which bears North 000'17'10" East,
653.28 feel from Ihe section corner common to Sections 3, 4, 9 and 10, T.3N., R. lW.,
8.M., Ada County. tdaho;
thence North 00"17'10" East along the seclion line, 411.34feat to a point;
thence North 89"39'20" West, 529.54 feat 10 a steet pIn;
thence South 00.17'10" West, 411.34 10 a steel pin;
lhence South 89~39'2.0" Eaet, 529.54 feet 10 the POINT OF BEGINNING,
containjng 5.00 acres, more or less,
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EXHIBIT B
Seventh Day Adventist Church Annexation
Az..05~024
Conceptual Site Plan
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EXHffiIT C
Seventh Day Adventist Church Annexation
AZ-05-024
Annexation and Zoning Comments
Recommended deletions are str.ikothroughs and additions are in bold and underlined.
ANEXATION & ZONING FACTS AND COMMENTS
1. The subject property is within the Urban Services Planning Area. The legal
description submitted with the application (stamped 4-26-05 by Gregory G.
Carter) shows the property as contiguous to the existing cOl'porate boundary of the
City of Meridian. The Public Works Department has confirmed that the
submitted legal description meets the requirements of the City of Meridian and
the Idaho State Tax Commission.
2. Any future subdivision andlor development of this property shall comply with the
City of Meridian ordinances in effect at the time.
3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall
be entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and the developer. The applicant shall contact the
City Attorney. Bill Nary, at 888~4433 to initiate this process. The DA shall
incorporate the following:
. That no alterations, expansions, reconstructions or other enlargements to the
existing single-family structure will be permitted except tlrrough a Certificate
of Zoning Compliance (CZC) and except where 1) the use of the structure
changes to a use consistent .with this Development Agreement and 2) the
structure meets all applicable development standards such as setbacks,
frontage, height, etc.
o That 110 building or other stmcture shall be erected, moved, added to or
structurally altered, nor shall any building, structure or land be established or
changed in use without a Certificate of Zoning Compliance (CZC).
o That all future uses shall not involve uses, activities, processes, materials,
equipment 8ud conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of traffic,
noise, smoke, fumes, glare or odors.
o That the following shall be the only allowed uses on this property: churches
and associated activities.
o That the applicant agrees to provide reasonable and fair means for the parcel
to the west (parcel No. 81204449300) to acquire and improve, as a street, the
25-foot wide area contai1ung the existing ingress and egress easement. and
further S2rees to sell to the parcel to the west an additional 25-feet south
of the e:xistin$! 25-foot wide easement for a future street. The means for the
acquisition of the ~50-foot wide area are attached as Exhibit B, which shall
be included ill the development agreement.
~ That prior to issuance of a Certificate of Zoning Compliance (CZC) permit,
the applicant agl.'ees to provide a vehicular cross-access eMernent to the
property to the south, jf a driveway is constructed near the south property line.
o That vehicular access to this site shan be restricted to those approved by
ACHD and the City.
I) That the applicant shall construct a 6-foot tall solid fence along the west
property line. Said fence shall not be constructed of cedar.
o That future building setbacks from the access easement shall be in compliance
with the setback of the L-O zone for streets.
EXHIBIT D
Seventh Day Adventist Church Annexation
AZ-Os..024
Zoning Amendment Findings
ANNEXATION & ZONING ANALYSIS
According to Ordinance 11-ISp 11, General Standards Applicable to Zoning
Amendments, both the P&Z Commission and Council are required "to review the
particular facts and circumstances of each proposed zoning amendment in tenns of the
following standards and shall find adequate evidence answering the following questions
about the proposed zoning amendment."
The following is the list of standards found in 11-15-11 and analysis:
A. Will tbe new zoning be barmonious with and in accordance with the
Comprebensive Plan andt if not, has there been ad application for a
Comprehensive Flan amendment;
The 2002 Comprehensive Plan Future Land Use Map designates the subj eel:
property as "Low Density Residential" _ However, the applicant has applied for
office zoning on behalf of the Seventh Day Adventist Church. While the
Comprehensive Plan Future Land Use Map does not explicitly support an office
zoning of this property, City Council finds that there are Comprehensive Plan
policies that support evaluating this site for a zone not specifically envisioned by
the Map (see below).
"The Meridian Comprehensive Plan is an official policy guide for
decisions concerning the physical development of the community. It
indicates, in a general way, how the community may develop in the next
five to ten years.''' (Chapter I, Section B of the Comprehensive Plan)
Furthermore, in Chapter VII" Section C, "Future Conditions" states the following;
"Figure VTIft2 [The Comprehensive Land Use Map] depicts desired future
land use categories and their location within tbe Impact Area. The areas
depicted on tbe map are conceptual and~ therefore, will require further
analysis prior to the creation of a zoning map.1>
The property directly north of the subject site is designated "PubliclQuasiMPublic"
on the Future Land Use Map. Chapter vn of the Comprehensive Plan defines
Public, Quasi-Public and Open Space as areas designated to preserve and protect
existing private, municipat state, and federal land for area residents and visitors.
Theses areas include neighborhood, community; and urban parks:. Government
facilities, public and private schools, health care facilities, churches, utilities, park
and recreational areas, and cemeteries are also considered public/quasi-public
type uses. NOTE: The City does not have a zoning designation that closely
corresponds to the public/quasi-public designation shown on the Comprehensive
Plan Future Land Use .Map. Therefore, several properties that are designated for
public/quasi-public uses. are zoned L-O, including the LDS Church to the north.
City Council recognizes that the land use designations on the Future Land Use
Map are conceptual. Because the Comprehensive Plan is a "guide" when
determining land uses and can be applied generally to areas" City Council believes
that this is an instance to expand the public/quasi-public designation slightly south
of where it is depicted on the Future Land Use Map.
City Council finds the following Goals, Objectives, and Action items contained in
the 2002 Comprehensive Plan to be applicable to this application (analysis is in
italics below policy):
q "Restrict curb cuts and access points on collectors and arterial streets."
(Chapter vrr, Goal IV, Objective D, Action item 2)
On the submitted conceptual plan, the applicant is proposing two access
points to Black Cat Road. an arterial roadway. ACHD has approved two
access points jor this property, but not as shown on the conceptual plan. See
the A CHD staff report and Finding ''J1t for /uriher analysis.
o "Require appropriate landscape and buffers along transportation corridors
(setback, vegetatio~ low walls" benns, etc.)." (Chapter vn. Goal IV.
Objective D, Action item 4)
Black Cat Road is designated as an arterial street. By City Ordinance, a 25-
foot wide landscape buffer is required adjacent to Black Cat Road (MCC 12-
13-10-4). Landscaping wi/I be required by the City with CZCISubdi:vision
approval.
Q ~'Require that development projects have planned for the provision of all
public services" (Chapter Vll, Goal ill, Objective A. Action items 1 and 4)
On June 17. 2005, a joint agency/department comments meeting was held
with representatives of key service providers to this property. In that meeting
no deficiencies afpublic services to serve this property were raised
The applicant has also listed some Comprehensive Plan policies that support the
annexation and proposed lIse of the property (see applicants letter dated Mqv 5,
2005).
If the applicant enters into a development agreement to develop the property with
a church and not professional offices, clinics or other commercial uses, City
Council finds that fA) zoning of this property will he harmonious and in
accordance with the Comprehensive Plan.
B. Is the area im:luded in the zonmg amendment intended to be rezoned in the
future;
Concurrent with the annexation and zoning application" the applicant has
submitted a conceptual site plan. This site plans depicts a church and associated
parking on this property. City Council does not anticipate that the applicant plans
to rezone the subject property in the future if the subject annexationfzoning is
approved, as the anticipated church use is principally permitted in the requested
IrO zone.
C. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for exampl~ a
residential area turning into a eommercial area by means of ~onditional use
penn Us;
City Council finds that churches, as well as professional offices, laboratories,
libraries and medical clini.cs are currently pennitted uses within the requested L-O
zone. Further, there are several uses in the requested L-O zone that can occur with
conditional use permit approval. There is no detailed development plan proposed
for this property at this time. City Council is concerned that this area may turn
into a commercial retail site, and is limiting the uses that can operate on the site to
church type uses.
D. Has there been a change in the area or adjacent areas which ma.y dictate tbat
tbe area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being develDped
in a fashion similar to the proposed rezone area;
City Council finds that the recent annexation and zoning ofMiJ1iron Subdivision,
and the construction of the LDS Church directly north of this site, dictates that the
subject property be similarly zoned and developed. The streets adjacent to this site
have not been widened recently, and Black Cat Road and Cherry Lane are not in
the current ACfID Five-Year Work Program or CIP for roadway improvements.
E. Will the proposed uses be designed, constructed,. operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vidnity and tbat sucb use will not change the
essential character of tbe same area;
The applicant will be I'equired to construct,. openne and maintain the future church
building(s) in accordance with City Code. Although residential uses were
envisioned for this area. when the 2002 Comprehensive Plan was adopted, City
Council finds that an L-O zone also complies with the Comprehensive Plan (see
Finding "A" above). City Council finds that the design of the submitted
couceptuallayout for a church building could be harmonious with tbe adjacent
properties if cross-access is provided to the parcels to the west (single-fiunily
home) and north (IDS Church) and/or south (single-family home), and
appropriate landS<':ape buffers are installed along the perimeter of tbe property.
City Council further finds that the proposed office zone and church use will
change the existing character of the 8fe3:, but that the proposed zone and future
use should be harmonious and appropriate in appearance with the character of the
overall area. City Council finds that any future uses, if designed, constructed and
operated in accordance with adopted city ordinances, should be harmonious and
appropriate in appearance with the intended character of the vicinity.
F. Will tbe proposed uf'eS not be bazardous or disturbiug to exiBting or future
neighboring uses;
The 2002 Comprehensive Plan Future Land Use Map designates 1he property to
the north as public/quasi-public; the property to the east is medium density
residential; and, the properties to the south and west are designated for low
residential densities.
City Council fmds that the zoning of this property to L-O for a future church
should not be hazardous Of disturbing to existing or future neighboring uses if the
applicant enters into a development agreement with the City.1 and all development
and landscaping ordinances are exercised.
G. Will tbe area be served adequately by essential public facilities and services
such as highways, streetsf police and f1l"e protection, drainage stroctures~
refuse disposal, water, sewer or that the pe~n responsible for the
establishment of proposed zoning amendment shaJI be able to pro'Vide
adequately any of such services;
Sanitary sewer is currently being constructed in Black Cat Road as part of the
improvements for Milliron Subdivision to the west. Water mains are readily
available in Black Cat Road.
The applicant and/or future property owners will be required to pay any
applicable park and highway impact fees as well as construct onwsne storm water
drainage facilities.
On June 17, 2005, a joint agency/department comments meeting was held with
representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received from.
agencies/departments, City Council finds tbat the public services listed above can
be made available to accommodate the proposed development.
H. WiD not create excessive additional requirements at public cost for pubJie
facilities and services and win not be detrimental to the economic welfare of
the community;
If approved, the developer will be financing the extenSion of sewer, water, local
street (driveway) infrastructure, utilities and irrigation services to serve the
project. Other required site improvements will be funded and constructed by the
developer through the CZC/Subdivision approval process. The primary public
costs to serve the future uses will be fire and police facilities and services. City
Council finds there will not be excessive additional requirements at public cost
and that the proposed zoning and subsequent development will not be detrimental
to the community's economic welfare.
L Will tbe proposed. uses not involve uses, activities, processes, materials,
equipment and conditions of operation tbat will be demmelltal.to any
persons, property or the general welfare by ~on or excessive pJ'odudion of'
traffic, noise, 8mok~ fumes, glare or odors;
If the subject annex:ation and zoning application is approved, the applicant intends
to construct a church building on this site. ACHD staff estimates that a church
will generate approximately 400 additional vehicle trips per day. City Council
finds that any future uses on this site will generate additional traffic on adjacent
roadways above and beyond the existing residence. The level of impact
developing tbis site will have on the public will depend upon the type ofuse(s)
approved and the square footage of the building(s). City Council recognizes that
traffic and noise will increase with the approval of this annexation
application/development; however. due to churches historically having a low
impact on the surrounding area. City Council does not believe that the amount
traffic and noise generation will be detrimental to the general welfare of the
public. Further, City Council does not anticipate the proposed annexation and
subsequent church use will create excessive smoke. fumes, glare, or odors. City
Council finds that the proposed L-O zoning and church use should not be
detrimental to people, property or the general welfare of the area.
MCC 11-164 provides the P&Z Commission and City Council the authority to
require a property owner to enter into a Development Agreement with the City of
Meridian that may require some written conunitment for all future uses to more
fully comply with this finding. Due to the close proximity of existing and future
residential uses, City Council believes that a Development Agreement is
necessaIy to ensure that this property is developed in a fashion that is consistent
with the public/quasi-public designation of the Future Land Use Map and does not
negatively impact nearby properties.
J. Will the area have vehicu'btr approaches to the property wbkh shall be so
designed as not to create an interference with traffic on surrounding public
streets;
On the submitted conceptual plan, the applicant has depicted two access points to
Black Cat Road. The proposed driveways are located near the north and south
property lines. The ACHD considet access points in their analysis of development
applications. The ACHD has not approved the driveway locations as shown on
the conceptual site plan. The ACHD has given the applicant two options for
access: 1) construct one driveway at the south property line and provide cross-
access to the properties to the south and west, and construct a second driveway in
alignment with Milliron Drive, or 2) construct one driveway at the north property
line and provide cross-access to the properties to the north (LDS Church) and
west, and construct a second driveway in alignment with Milliron Drive. Because
the property to the west does not have frontage on a public street; City Council
believes that a cross-access easement between the subject property and the
property to the west should be provided. If cross-access is provided to the west,
then the property to the west can redevelop and ac~gS Black Cat Road. City
Council believes that the proposed uses (and potential access) should not be
hazardous to neighboring uses or traffic flows if they are constructed as required
by ACHD. Further, City Council finds that the least amount of interference to
traffic on the surrounding public streets will occur if cross~access between the
subject property and the adjacent properties are provided. See the ACHD staff
report for more analysis.
K. Will not result in the destruction, loss or damage of a natural 01' scenic
feature ofmajo.. importance; and
City Council is unaware of any natural of scenic features of major importance on
this site and finds that no natural or scenic features of major importance will be
lost or damaged by approving the annexation and zoning application. All existing
trees larger than 4" caliper that are removed from the site, that the City Arborist
deems necessary for mitigation, shall be mitigated for.
L Is the proposed zoning amendment in tbe best interest ~f the City or
Meridian. (Ord. 592, 11-17-1992)"
The legal description submitted with the application, prepared by Idaho Survey
Group, shows that the property is contiguous to the existing cOlporate boundary
of the City of Meridian. The legal description meets the requirements of the City
of Meridian and State Tax Commission and will place the parcel contiguous to
existing city limits. The subject property is within the Uwan Services Planning
Area. The land directly nort~ and east of the subject property have previously
been annexed into the City and this is a logical expansion of the City boundary.
The applicant is proposing to develop the land in substantial compliance with the
City's Comprehensive Plan. In accordance with tbe findings listed above, City
Council finds that the :mnexation/zoning of this ptoperty would be in the best
interest of the City. NOTE: City Council has included Development Agreement
stipulations for annexation and zoning oftbis property.
EXHIBIT E
Seventh Day Adventist Church Annexation
AZ-05-024
Ingress/Egress Easement Area Agreement
GRH Ten Mile LLC, an Idaho limited liability company, and Halker Properties LLC, an
Idaho limited liability company, (collectively, "Grantors") hereby agree that Grantors,
and its successors and assigns shall sell fee title, for "fair market value'" (as detennined
below), to the Northerly ~ 50 feet of the Property [either dermed term earlier in
Development Agreement or insert description} (the "Easement Area") to the owners
("Benefited Owners") of the benefited property of the Easement Area, (such property
depicted on the map attached hereto as Exhibit <<A P' and made a part hereof, and more
particularly described on Schedule I attached hereto and made a part hereof), if so
requested by the Benefited Owners or their successors or assi.gns, for the installation and
construction of a public road and only upon the approval by the City of Meridian of an
annexation and re-subdivision of the benefited property, or a portion thereof, consistent
with the City of Meridian Comprehensive Plan in effect at the time of request or
otherwise with specific notice to Grantor. A ~ortion of t::fhe Basement Area is subject to
an existing easement for ingress and egress, as evi.denced by that certain Warranty Deed,
recorded October 9, 1975, as Instrument No. 7530794; in the Official Records of Ada
County, Idaho. In the event Grantors and the Benefited Owners fail to agree upon'the fair
market value for the fee title to f~e Easement Area. said valuation shall be determined in
the following manner: Grantor and the Benefited Owners shall each appoint an appraiser
to determine the fair market value of the fee title to the Easement Area and
improvements. If those two appraisers' detennination of fair market value are within five
percent (5%) of each other, then the "fair market value" shall be the average thereof. If
the two detenninations for fair market value are greater than five percent (5%) apart, then
the parties shall jointly select and hire a third appraiser and thereafter the "fair market
value" shall be the average of the two closest valuations whether such valuation be the
determination of Grantor's appraiser or the Benefited Owners' appraiser or the third
appraiser. Each party shall pay for the cost of their own appraisal and shall pay for one-
half of the cost of the third appraiser. If the Benefited Owner's cannot agree to or
otherwise do not accept the final determined fair market value" Grantor shall be released
from its obligation to sell the Easement Area as set forth in this paragraph. The City of
Meridian is not a party of interest to this transaction and will not be involved in any part
of the determination of fair market value. If other vehicular a~cess to Black Cat Road
,and/or Chen'y Lane is acquired bv the Benefited Owners to the west. then the
reauirement of the Grantors ~o sell the Easement Area shall be null and void.
crT\' OF MERlDIAN PLANNfNG AND PUBLlC WORKS DEPARTMENTS STAFf REPORT
STAFF REPORT:
Hearing Date: September 20, 2005
Transmittal Date: September 15,2005
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TO:
Mayor & City Council
FROM:
Sonya Watters, Assistant City Planner $v
Michael Cole, Development Services Coordinator
Me..
SUBJECT:
Bridgetower Crossing Subdivision No. ] 3
Request for a Final Plat Approval of Bridgetower Crossing Subdivision No, 13
Consisting of 55 Single-fmnily Residential Building Lots and 5 Common Lots on
20.81 Acres in an R-4 Zone by Prixneland Development, LLP (Fi/e# FP-05-058)
We'have reviewed this submittal and offer the following conunents, as conditions ofthe applicant. These
conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian
City Council:
APPLICATION SUMMARY & LOCATION
The applicant, Primeland Development, LLP, has applied for final plat approval of the thirteenth phase of
Bridgetower Crossing Subdivision, This phase includes 55 singlewfamily residential building lots and 5
common lots on 20.81 acres. The gross density of this phase is 2.64 dwelling units per acre and the net
density is 3.18 dwelling units per acre.
This phase is located approximately % mile west ofN. Linder Road ana % mile north ofW. Us tick Road,
in the E 7) of Section 35, TAN., Rl W.
The subdivision is located in an R-4 zone and has been approved as a planned development. The
minimum house size within the subdivision is IAOO square feet, excluding the garage. The Preliminary
Plat was approved under the name of Bridgetower Crossing East Subdivision. The approved Planned
Development (CUP) allowed for increased block lengths and a reduction in street frontage to 69 feet for
single family residential lots in this subdivision.
The cornmon area lots within the subdivision consist of landscape and pathway lots, and will be
maintained by the Bridgetower Crossing Homeowners Association. The pressurized irrigation system
within this development is to be owned and maintained by the Bridgetowel' Crossing and Verona
Homeowners Associations.
The final plat for tbis phase shows a total of nine building lots more than was approved with the
preliminary plat and the lots were subsequently made smaller. Also, a drainage lot that was proposed in
Block 42 was removed as drainage is now located in roadside swales. Staff bas no concerns because the
proposed total number oflats is still consistent with the number oflats approved for the preliminary plat.
(Previous phases of the preliminary plat removed building lots.) Therefore, staff finds that the proposed
final plat substantially complies with the preliminary plat.
Staff recommends approval of Bridgetower Crossing Subdivision No. 13 with the comments and
conditions stated in this report.
FP-05-058 Bridgetower Crossing Sub13 FP,doc
PAGE 1
CrTY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
SITE SPECIFIC REQUIREMENTS
L Applicant is to meet all terms of the approved Preliminary Plat (pP-02~014). CondiliOJlal Use
Pennit (CUP~Ol-006) and Development Agreement (.Inst. No. 101117652).
2. Sanitary sewer service to this site is being proposed via sewel' mains installed in previous phases
of this development. The applicant shall be responsible to COl"1Stmct sewer Olains to and through
this proposed development. Subdivision designer to coordinate main sizing and routing with the
Public W ol'ks Department. Applicant shall execute City of Meridian standard fauns of easements,
for any mains that are required to provide service. Cover over sanitary sewer mains shall be no
less than 3-feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub~
grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works
Department's Standard Specifications.
3. Water service to this site is being proposed via existing mains installed in previous phases of this
development. The applicant shall be responsible to construct water mains to and through this
proposed development. Subdivision designer to coordinate main sizing and routing with the
Public Works Department. Appli~nt shall execute City of Meridian standard fonns of easements,
for any mains that are required to provide service.
4. Underground pressurized irrigation must be provided to all landscape areas on site. Applicant has
indicated that the pressurized irrigation system within this development is to be owned and
maintained by the Homeowner's Association. Since the system is being proposed as a private
system, plans and specifications for the irrigation system shall be reviewed by the Public Works
Department as part of the development plan review process. A draft copy of the pressurized
irrigation system O&M manual must be submitted prior to plan approval.
5. Submit a copy of the executed encroaclunent agreement with Settler's Irrigation District, for all
of the lots along the northern bOWldary of this phase in Block 33 than encroach within the 35-ft.
wide Coleman Lateral easement indicating how the land underlying the easement may be used,
prior to signature on the final plat by the City Engineer. If encroachment is not granted, the
easement area will need to be removed from the building lots.
6. The portion of the Settlers Irrigation Coleman Lateral Easement that faUs into this phase and is
graphically depicted on the plat may cause some to believe there is a graphically depicted S-foot
wide easement that supersedes the standard 10-foot wide back property line easement. Either
graphically depict the lO-foot wide Public Utilities, Drainage and Irrigation Easement or
specifically name those lots, in a plat note, to be subject to the standard lO-foot wide Public
Utilities, Drainage and Irrigation easement.
7. All fencing shall be in compliance withMCC 12-4-10.
8. Fencing along micropaths shall be consistent with existing micropath fencing approved in
previous phases of Bridget ower Crossing Subdivision.
9. The Landscape Plan, prepared by Harvest Design and dated 8/22/05, is approved as submitted.
10. All drainage areas (detention/retention basins) must be designed to ensure that water will
percolate or discharge within a period of time not to exceed 24 hours for all storms up to and
inclucling a lOO-year stann event. Side slopes within drainage areas must be less than 3:1 for
accessibility and maintenance. Stoml drainage facilities must be in compliance with MCC 12-13-
14-2.
Fp.OS-058 Bridgetower Crossing Sub13 FP.doc
PAGE 2
CfTY OF MERIDfAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
11 . Submit "Final" letter from the Ada County Street Name Committee~ approving the subdivision
and street names. Make any corrections necessary to conform.
12. Complete the Certificate of Owners and its accompanying Ac!mow Jedgement.
13. The Certificate of Owners appears to be missing the "bearings and distances" of a portion of the
westem outer boundary of this proposed development. The applicant shall confiull tills
information and make the necessary corrections.
14. Stafrs failure to cite specific ordinance provisions or tenus of the approved Preliminary Plat,
Conditional Use Permit or Development Agreement does not relieve Applicant of responsibility
for compliance.
GENERAL REQUIREMENTS
1. All irrigation ditches, laterals or canals~ exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-
13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users
association (ditch owner's), with written approval or non-approval submitted to the Public Works
Department. If lateral users association approval can't be obtained" plans wilt be reviewed and
approved by the meridian City Engineer prior to final plat signature,
2. Any existing domestic wells and/or septic systems within this project will have to 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. 250 and lOO-watt, high-pressure sodium streetlights will be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivide.rs expense. Typical
locations are at street intersections andlor fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. Street light contractor
to obtain design and pennit from the Public Works Department prior commencing installations.
4. Compaction test results lU\lst be submitted to the Meridian Building Depal'llllent for all lots
receiving engineered backfill.
5. Applicant's engineer will be required to submit a signed, stamped statement certifying that all
street fmish centerline elevations are set a minimum of three feet above the highest established
nonna! groundwater elevation.
6. Coordinate frre hydrant placement with the City ofMeridlan's Water Works Superintendent.
7. Provide five-foot-wide sidewalks in accordance with. City Ordinance Section 12-5-2.K. Sidewalks
are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox
structures.
8. Applicant shall be responsible for application and compliance witb any Section 404
Permitting that may be required by the Army COIps of Engineers.
9. Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
10. Developer shall coordinate mailbox locations with the Meridian Post Office.
FP.OS-OSS Bridgctower Crossing Sub13 FP.doc
PAGE 3
ClTY OF MERIDIAN PLANNiNG AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
11. ApplicaJ.lt shall be required to pay Public Works development plan. review, and construction
inspection fees, as determined during the plan review process, prior to signature 011 the final plat
per Resolution 02-374.
12. Please subnUt all updated groundwater/soils monitoring data to the Public Works Department for
review.
13. Street signs are to be in place. water system shalt be approved and activated, feucing shall be
installed, drainage lots constructed, road base shall be approved by the Ada County Highway
District, and the Final Plat for this subdivision shall be recorded, prior to applying for building
pennlts.
14. A letter of credit or cash surety in. the amount of 110% well be required tor all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the fmal plat.
15. All development improvements, including but not limited to sewer, fencing micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
16. It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
STAFF RECO:MMENDATlON
Staff recommends approval of the final plat for Bridgetower Crossing Subdivision No. 13 with the above
stated comments & conditions.
FP-05-058 Bridgetower Crossing Sub13 FP.doc
PAGE 4
EXHIBIT E
Seventh Day Adventist Church Annexation
Az..05-024
IngresslEgress Easement Area Agreement
GRH Ten Mile Ltc, an Idaho limited liability company. and Halker Properties LLC, an
Idaho limited liability company, (collectively. ~'Grantors") hereby agree that Grantors,
and its successors and assigns shall sell fee title, for "fair market value" (as determined
below), to the Northerly ~ 50 feet of the Property [either dermed term earlier in
Development Agreement or insert description} (the "Easement Area") to the owners
("Benefited Owners") of the benefited property of the Easement Area, (such property
depicted on the map attached hereto as Exhibit "Al'" and made a part hereof, and more
particularly described on Schedule I attached hereto and made a part hereot), if so
requested by the Benefited Owners or their successors or assigns, for the installation and
construction of a public road and only upon the approval by the City of Meridian of an
annexation and re-subdivision of the benefited property, or a portion thereof, consistent
with the City of Meridian Comprehensive Plan in effect at the time of request or
otherwise with specific notice to Grantor. A portion of t'The Easement Area is subject to
an existing easement for ingress and egress, as evidenced by that certain Warranty Deed,
recorded October 9, 1975, as Instrument No. 7530794, in the Official Records of Ada
County, Idaho. In the event Grantors and the Benefited Owners fail to agree upon the fair
market value for the fee title to the Easement Area, said valuation shall be determined in
the following manner: Grantor and the Benefited Owners shall each appoint an appraiser
to determine the fair market value of the fee title to the Easetn.ent Area and
improvements. If those two appraisers" detennination of fair market value are within five
percent (5%) of each other, then the "fair market value" shall be the average thereof. If
the two detenninations for fair market value are greater than five percent (5%) apart, then
the parties shall jointly select and hire a third appraiser and thereafter the "fair market
value" shall be the average of the two closest valuations whether such valuation be the
determination of Grantor's appraiser or the Benefited Owners' appraiser or the third
appraiser. Each party shall pay for the cost of their own appraisal and shan pay for one-
half of the cost of the third appraiser. If the Benefited Owner's cannot agree to or
otherwise do not accept the final determined fair market value, Grantor shall be released
from its obligation to sell the Easement Area as set forth in this paragraph. The City of
Meridian is not a party of interest to this transaction and will not be involved in any part
of the detennination of fair market value. If other vehicular access to Black Cat Road
and/or Cherry Lane is acquired bv the Benefited Owners to the west, then the
requirement of the Grantors to sell the Easement Area shaD be null and void.