Resolution Business Park RZ 00-004 ~.,l(i~ RECORDED-REQUEST OF
ADA COUNTY RECORDER /1..-~., .4~/' (/
J. OAVID NAVARRO
ZOSOJL20 PH 1~33 ~ 100056508
PARTIES: 1.
2.
City of Meridian
G. L. VOIGT DEVELOPMENT, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this /~ day of ~ ,2000, by and
between CITY OF MERIDIAN, a municipal corpoVration of the State of Idaho,
hereafter called "CITY", and G. L. VOIGT DEVELOPMENT, hereinafter
called "OWNER/DEVELOPER", whose address is 1908 Jennie Lee Drive,
Idaho Falls, Idaho 83404.
1. RECITALS:
1.1
WHEREAS; "Owner/Developer" is the sole owner, in law
and/or equity, of certain tract of land in the County of
Ada, State of Idaho, described in Exhibit A, which is
attached hereto and by this reference incorporated herein
as if set forth in full, herein after referred to as the
"Property"; and
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 owner or "Owner/Developer" make a
written commitment concerning the use or development of
the subject "Property"; and
1.3
WHEREAS, "C~" has ~xerdsed its statutory authority by
the enactment of Ordinance 11-15-12 and 1 I-16-4 A,
which authorizes development agreements upon the
annexation and/or re-zoning of land; and
1.4
'WHEREAS, "Owner/Developer" has submitted an
application for annexation and zoning of the "Property"s
described in Exhibit A, and has requested a designation of
Limited Office District (L-O), (Meridian City Code §§ 11-
7-2 G); and
DEVELOPMENT AGREEMENT (RZ-00-003) - 1
1.5
WHEREAS, "Owner/Developer" made representations at
the public heatings both before the Meridian Planning &
Zoning Commission and before the Meridian City Council,
as to how the subject "Property" will be developed and
what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested
re-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 ~9 day of ~ , 2000,
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, both the "Findings" require the
"Owner/Developer" to enter into a development agreement
before the City Council takes final action on re-zoning
designation; and
1.9
"DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and aclmowledges that
this Agreement was entered into voluntarily and at its
urging and requests; and
1.10
WHEREAS, "City" requires the "Owner/Developer" to
enter into a development agreement for the purpose of
ensuring that the "Property" is developed and the
subsequent use of the "Property" is in accordance with the
terms and conditions of this development agreement,
herein being established as a result of evidence received by
the "City" in the proceedings for re-zoning designation
DEVELOPMENT AGREEMENT (RZ-00-003) - 2
from govermnent subdivisions providing services within
the planning jurisdiction and from affected property
owners and to ensure re-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
"DEVELOPER"/"OWNER": means and refers to G. L.
VOIGT DEVELOPMENT, whose address is 1908 Jennie
Lee Drive, Idaho Falls, Idaho 83404, the party developing
and owning said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
3.3
"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
DEVELOPMENT AGREEMENT (RZ-00-003) - 3
USES PERMITTED BY THIS AGREEMENT:
4.1
The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Meridian City Code Sections 11-7-2 G which
are herein specified as follows:
(L-O) Limited Office District: The purpose of the L-O
District is to permit the establishment of groupings of
professional, research, executive, administrative,
accounting, clerical, stenographic, public service and
similar uses. Research uses shall not involve heavy testing
operations of any Mnd or product manufacturing of such a
nature to create noise, vibration or emissions of a nature
offensive to the overall purpose of this District. The L-O
District is designed to act as a buffer between other more
intense nonresidential uses and high density residential
uses, and is thus a transitional use. Connection to the
Municipal water and sewer systmn of the City is a
requirement in this District.
With the further restriction that all uses and development
of the subject real property shall be governed under the
conditional use permit process as a planned development.
For the construction and development ora planned
commercial development.
4.2
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE:
"Developer'7"Owner" have submitted to "City" an application for conditional
use permit, and shall be required to obtain the "City"'s approval thereof, in
accordance to the City's Zoning & Development Ordinance criteria, therein,
DEVELOPMENT AGREEMENT (RZ-00-003) - 4
provided, prior to, and as a condition of, the commencement of construction of
any buildings or improvements on the "Property" that require a conditional
use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
6.A
"Developer"/"Owner" shall enter into a Development
Agreement, that provides in the event the conditions
therein are not met by the Developer that the property
shall be subject to de-annexation and rezoning, with the
City of Meridian which provides for the following
conditions of development to-wit:
6.1
Any existing irrigation/drainage ditches crossing the
property to be included in this project shall be tiled per
City Ordinance. The ditches to be piped shall be shown on
the site plans. Plans shall be approved by the appropriate
irrigation/drainage district, with written confirmation of
said approval submitted to the Public Works Department.
No variances have been requested for tiling of any ditches
crossing this project.
6.2
Any existing domestic wells and/or septic systems within
this project shall have to be removed from their domestic
service per City Ordinance. Wells may be used for non-
domestic purposes such as landscape irrigation.
6.3
Off-street parking shall be provided in accordance with
City of Meridian Zoning and Development Ordinance
and/or as detailed in site-specific requirements.
6.4
Paving and striping shall be in accordance with the
standards set forth in the City of Meridian Zoning and
Development Ordinance and in accordance with Americans
with Disabilities Act (ADA) requirements.
DEVELOPMENT AGREEMENT (RZ-00-003) - 5
6.5
6.6
6.7
6.8
6.9
A drainage plan designed by a State of Idaho licensed
architect or engineer is required and shall be submitted to
the City Engineer for all off-street parking areas. AIl site
drainage shall be contained and disposed of on-site.
Outside lighting shall be designed and placed so as not to
direct illumination on any nearby residential areas and in
accordance with City Ordinance Section.
All signage shall be in accordance with the standards set
forth in the City of Meridian Zoning and Development
Ordinance. No temporary signage, flags, banners or
flashing signs will be permitted.
Provide five-foot-wide sidewalks in accordance with City
Ordinance.
Ail construction shall conform to the requirements of the
Americans with Disabilities Act.
6.10
Applicant shall provide an internal vehicular access
connection through the apartment complex to Locust
Grove Road.
7. COMPLIANCE PERIOD/CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developer"/"Owner" or
"Developer"'s/"Owner's" heirs successors, assigns, to comply with Section 6
entitled "Conditions Governing Development of subject "Property" of this
agreement within two years of the date this Agreement is effective, and after
the "City" has complied with the notice and hearing procedures as outlined in
I.C. § 67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL
OF ZONING DESIGNATION
DEVELOPMENT AGREEMENT (RZ-00-003) - 6
"Developer"/"Owner" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Developer'7'Owner' and
if the "Developer"/"Owner" fails to cure such failure
within six (6) months of such notice.
9. INSPECTION: "Developer'7"Owner" shall, immediately upon
completion of any portion or the entirety of said development of the
"Property" as required by this agreement or by City ordinance or policy, notify
the City Engineer and request the City Engineer's inspections and written
approvall 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
10.2
In the event "Developer"/"Owner",
"Developer"s/"Owner's" heirs, successors, assigns, or
subsequent owners of the "Property" or any other person
acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in
this Agreement in connection with the "Property", this
Agreement may be modified or terminated by the "City"
upon compliance with the requirements of the Zoning
Ordinance.
A waiver by "City" of any default by "Developer'7"Owner"
of any one or more of the covenants or conditions hereof
shall apply solely to the breach and breaches waived and
shall not bar any other rights or remedies of "City" or
apply to any subsequent breach of any such or other
covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
DEVELOPMENT AGREEMENT (RZ-00-003) - 7
Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording
to "Developer'7"Owner", prior to the third reading of the Meridian Zoning
Ordinance in connection with the rezoning 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 rezoning 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 "Developer"/"Owner", or by any
successor or successors in tide or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
13.1
In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer'/"Owner" shall
have thirty (30) days after delivery of notice of said breach
to correct the same prior to the non-breaching party's
seeldng 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 conunence to cure the same
within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity,
then the time allowed to cure such failure may be extended
for such period as may be necessary to complete the curing
of the same with diligence and continuity.
13.2
In the event the performance of any covenant to be
performed hereunder by either "Developer'7"Owner" or
"City" is delayed for causes which are beyond the
reasonable control of the party responsible for such
performance, which shall include, without limitation, acts
DEVELOPMENT AGREEMENT (RZ-00-003) - 8
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 "Developer" agrees to provide, if
required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner"
agrees that no Certificates of Occupancy will be issued until all improvements
are completed, unless the "City" and "Developer'7'Owner'' have entered into
an addendum agreement stating when the improvements will be completed in
a phased developed; and in any event, no Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That
"Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian
and the "Property" shall be subject to reversal of the zoning 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 (3i days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
G. L. Voigt Development
1908 Jennie Lee Drive
Idaho Fails, Idaho 83404
with copy to:
DEVELOPMENT AGREEMENT (RZ-00-003) - 9
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
17.1
A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
any of the obligations heretmder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent Sale or alienation of the "Property", or portions thereof, except that
any sale .or alienation shall be subject to the provisions hereof and any
successo~c owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion,
had determined that "Developer" has fully performed its obligations under this
Agreement.
DEVELOPMENT AGREEMENT (ILZ-00-003) - 10
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
"Owner/Developer" and "City" relative to the subject matter hereof, and there
are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between "Owner/Developer" and "City", other
than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to
a duly adopted ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the ""City" has
conducted public heating(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 ~ffective 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 (RZ-00-003) - 11
AcICNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
G. L. VOIGT DEVELOPMENT
Attest:
Patricia A. Davis, Secretary
BY RESOLUTION NO.
CITY OF MERIDIAN
Attest3fl
City Clerk (/
BY RESOLUTION NO.
,Corrie
4'
DEVELOPMENT AGREEMENT (RZ-00-003) - 12
STATE OF IDAHO )
:SS
COUNTY OF ADA )
On this ~ d~ay of GX.~4,-- , in the year 2000,
before me, j.~rkaa ~,~z, L~_~5~ a Not~ Public, personally appeared Ga~ L.
Voi~ and Patricia A. Da~s, ~o~ or identified to me to be the President and
Secretaw of G. L. Voi~ Development, who exemted the instrument on behalf of
s~d G. L. Voi~ Development and a~owledged to me ha~ng executed the
s~e. ..e'
(SEAL)
Commission expires: q ( ~-~,/O c~
STATE OF IDAHO )
:SS
County of Ada
dayo
, in the year 2000,
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg, 1mow 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 admowledged to me that such City
executed the same.
Notary Pul~ f r Iprprprprprprprprp~o~
Commission expires:
DEVELOPMENT AGREEMENT O:~Z-O0-O03) - 13
EXHIBIT A
Legal Description Of Property
A parcel of land ind6ding a portion of Overland Road right-of-way lying
in the NW 1/4 of Section 20, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the North 1/4 corner of Section 20, T. 3N., R. 1E., B.M.,
the REAL POINT OF BEGINNING of this description;
Thence S 00°24'16'' W 849.15 feet along the east line of the NWl/4 to a
point;
Thence iN 89°52'19'' W 1,821.54 feet parallel with the north line of the
NW 1/4 to a point on the centerline of the Hunter Lateral;
Thence N 05°29'17" W 20.43 feet along said centerline to a point;
Thence N 16014'08'' W 216.98 feet along said centerline to a point;
Thence N 18027'39'' W 470.81 feet along said centedine to a point;
Thence N 07006'04'' W 175.77 feet along said centerline to a point on the
centerline of Overland Road, which is also the north line of said NW 1/4;
Thence S 89°52'19'' E 2,060.97 feet along said north line to the REAL
POINT OF BEGINNING of this description;
Said parCel of land contains 38.018 acres more or less.
DEVELOPMENT AGREEMENT (RZ-00-003) - 14
~ EXHIBIT B
Findings of Fact and Cohclusions of Law/Conditions of Approval
Z:\WorkX~VPvlVleridian 15360IVlW. esolution Business Park AZ RZ CUP pp~DevelopAgrforRZ
DEVELOPMENT AGREEMENT (RZ-0i-003) - 15
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
06-09-00
IN THE MATTER OF THE
REQUEST FOR REZONE OF
APPROXIMATELY 37.64 ACRES
FOR PROPOSED RESOLUTION
BUSINESS PARK LOCATED AT
THE SOUTHEAST CORNER OF
OVERLAND ROAD AND S.
LOCUST GROVE ROAD,
MERIDIAN, IDAHO
G.L. VOIGT DEVELOPMENT,
Applicant.
Case No: RZ-00-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONE
The above entitled matter on the rezoning application of 37.64 acres
having come on for public hearing on June 6, 2000, at the hour of 7:30 o'clock p.m.,
and Council having received the report of Shaft Stiles, Planning and Zoning
Administrator, and appearing and testifying on behalf of the Applicant was Becky
Bowcutt of Briggs Engineering, Inc., and those appearing w~th comments or concerns
were: Marion Burtell, Ted Sutherland, Bruce Waite, Dave Sheppard, John Shipley,
Lacey White, Norma Gale, and Mickelle Barton, and the Council having received the
record of this matter made before the Planning and Zoning Commission, and having
received their Recommendation to the City Council, and the City Council having
duly considered the evidence and the record in this matter therefore makes the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-O0-003) - 1
following Findings of Fact and Conclusions of La,v, Decision and Order:
FINDINGS OF FACT
1. The notice of pub!lc hearing on the application for rezoning was
published for two (2) consecutive weeks prior to said public hearing scheduled for
June 6, 2000, before the City Council, the first publication appearing and written
notice having been mailed to property owners or purchasers of record within three
hundred feet (300') of the external boundaries of the property under consideration
more than fifteen (15) days prior to said hearing and with the notice of public
hearing having been posted upon the property under consideration more than one
week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the June 6, 2000, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing
requirements set forth in Idaho Code §§ 67-6509 and 67-651 l, and Meridian City
Code §§ 11:15-5 and 11-16-1.
3. The City Council takes judiciai notice of its zoning, subdivisions
and development ordinances codified at Meridian City Code Title 11 and Title I2,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.vOIGT DEVELOPMENT/(RZ-00-003) - 2
and all current zoning maps thereof, and the Comprehensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance No. 629 -- January 4, 1994, and
maps and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately 37.64 acres in size. The property
is generally located at the southeast corner of Overland Road and S. Locust Grove
Road, in Meridian, and is described as follows:
A parcel of land including a portion of Overland Road right-of-way lying in the NW
1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho, more particularly described as follows:
Commencing at the North I/4 comer of Section 20, T., 3N., R. 1E., B.M., the REAL
POINT OF BEGINNING of this description;
Thence S 00°24'16" W 849.15 feet along the east line of the NW 1/4 to a point;
Thence N 89°52'19'' W 1,821.54 feet parallel with the north line of the NW i/4 to a
point on the centefline of the Hunter Lateral;
Thence N 05°29'17" W 20.43 feet along said centefline to a point;
Thence N 16°14'08" W 216.98 feet along said centerline to a point;
Thence N 18°27'39" W 470.81 feet along said centerline to a point;
Thence N 07°06'04" W 175.77 feet along said centerline to a point on the centerline
of Overland Road, which is also the north line of said NW 1/4;
Thence S 89°52'19'' E 2,060.97 feet along said north line to the REAL POINT OF
BEGINNING of this description;
Said parcel of land contains 38.018 acres more or less.
5. The owner of record of the subject property is G.L. Voigt, of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-,i TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-O0-003) - 3
Idaho Falls, Idaho.
6.
7.
8.
9.
The Applicant is owner of record.
The property is presently zoned as R-4, and is agricultural land.
The Applicant requests the property be rezoned to Limited (L-O).
The proposed site is surrounded by an RV Park (C-G) to the
north, an LDS church and a subdivision (R-1 and R-4) to the south, a residential
subdivision (R-4) and (R-T) to the west and vacant land (R-T) to the east.
10. The subject property is within city limits of the City of Meridian.
11. The entire parcel of the property is included within the Meridian
Urban service Planning Area as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the
following manner: planned commercial development.
13. The Applicant's requested rezoning of the subject real property as
L-O is consistent with the commercial designation on the Meridian Comprehensive
Plan Generalized Land Use Map which designates the subject property as Mixed
Planned Unit Development.
14. There are no significant or scenic features of major importance
that affect the consideration of this application.
15. The subject application for rezone and the proposed development
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-00-003) - 4
relates and is compatible to the goals and policies of the Comprehensive Plan of the
City as follows:
The goals and policies listed below most directly apply to the proposed
project:
Goals Section
Goal 3: To encourage the ldnd of economic growth and development which supplies
employment and economic self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's ability to finance and
implement public improvements, services, and its open space character.
Goal 4: To provide housing opportunities for all economic groups within the
community;
Goal 8: To establish compatible and efficient use of land through the use of
innovative and functional site desigm.
Economic Development Chapter
The City of Meridian shall make every effort to create a positive
atmosphere that encourages.., commercial enterprises to locate in
Meridian.
1.3 . The character, site improvements and type of new commercial or
industrial developments should be harmonized with the natural
. environment and respect the unique needs and features of each area.
Land Use Chapter
1.4U - Encourage new development which reinforces the City's present development
pattern of higher-density development within the Old Town area and louver-density
development in outlying areas.
1.8U - Promote the development of high-quality and environmentally compatible
residential areas that contain the necessary parks, schools and commercial facilities to
maintain and form identifiable neighborhoods.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.6zt ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 5
2.1U - Support a variety of residential categories for the purpose of providing the
City with a range of affordable housing opportunities.
2.2U - Support strategies for the development of neighborhood parlcs within all
residential areas.
2.3U - Protect and maintain residential neighborhood property values, improve each
neighborhood's physical condition and enhance its quality of life for residents.
4.8U - Encourage commercial uses, offices, and medical-care uses to located in the
Old Tovm district, business parks, shopping centers and near high-intensity activity
areas, such as freeway interchanges.
6.8U - New urban density subdivisions which abut or are proximal to existing rural
residential land uses shall provide screening and transitional densities with larger,
more comparable lot sizes to buffer the interface between the urban level densities
and rural residential densities.
Transportation Chapter
1.4U - Monitor and coordinate the compatibility of the land use and transportation
system.
1.2 0U - Encourage proper design of residential neighborhoods to ensure their safety
and tranquility.
Open Spaces, Parks and Recreation
2.5U - New subdivision development.., will be considered as opportunities to...
encourage the development of recreational open spaces and parks as part of new
planned developments.
Housing Chapter
1.1 - The City of Meridian intends to provide for a wide diversity of housing types...
in a variety of locations suitable for residential development.
1.4 - The deve. lopment of housing for all income groups close to employment and
shopping centers should be encouraged.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-00-O03) - 6
i .6 - Housing proposals shall be phased with transportation, open space and public
service and facility plans, which will maximize benefits to the residents, minimize
conflicts and provide a tie-in between new residential areas and service needs.
1.19 - High-density development, where possible, should be located near open space
corridors or other permanent major open space and paris facilities, and near major
access thoroughfares.
Community Design Chapter
5.2 - Ensure that all new development enhances rather than detracts from the visual
quality of its surroundings, especially in areas of prominent visibility.
6.5U - Establish land-use designations that reflect the character of existing
neighborhoods.
6.11U - Promote well-planned and well-designed affordable housing in all Meridian
neighborhoods.
16. In review of the application for rezone it is provided at Meridian
City Code § 11-15-1 lfor the General Standards that the Commission and Council
review this proposed zoning amendment and pursuant to the criteria of said section
finds that:
16.1
16.2
16.3
The new zoning will be harmonious with and in accordance with
the Comprehensive Plan;
The area included in the zoning amendment is not intended to be
rezoned in the future;
The proposed use will be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance with
the existing or intended character of the general vicinity and that
such use will not change the essential character of the same area,
subject to the conditions of the conditional use process;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT / (RZ-O0-003) - 7
16.4
The proposed use will not be hazardous or disturbing to e.,cisting
or future neighboring uses, subject to the conditions of the
conditional use process;
16.5
The area will be served adequately by essential public facilities
and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, ~vater, server or that the
person responsible for the establishment of proposed zoning
amendment shall be able to provide adequately any of such
services;
16.6
The use will not create excessive additional requirements at
public cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
16.7
The use will 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;
16.8
The area will have vehicular approaches to the property ~vhich
shall be so designed as not to create an interference with traffic
on surrounding public streets;
16.9 The use will not result in the destruction, loss or damage of a
natural or scenic feature of major importance; and
16.10 The proposed zoning will be in the best interest of the City of
Meridian.
16.2 Staff conditions provide as follows:
16.2.1Any existing irrigation/drainage ditche~ crossing the property to
be included in this project shall be tiled per City Ordinance. The
ditches to be piped shall be shown on the site plans. Plans shall
be approved by the appropriate irrigation/drainage district, with
written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling
of any ditches crossing this project.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-O0-O03) - 8
16.2.2Any existing domestic wells and/or septic systems within this
proiect shall have to be removed from their domestic service per
City Ordinance. Wells may be used for non-domestic purposes
such as landscape irrigation.
16.2.3 Off-street parldng shall be provided in accordance with City of
Meridian Zoning and Development Ordinance and/or as detailed
in site-specific requirements.
16.2.4Paving and striping shall be in accordance with the standards set
forth in the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities
Act (ADA) requirements.
16.2.5A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
for all off-street parldng areas. All site drainage shall be contained
and disposed of on-site.
16.2.6Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Section.
16.2.7All signage shall be in accordance with the standards set forth in
the City of Meridian Zordng and Development Ordinance. No
temporary signage, flags, banners or flashing signs will be
permitted.
16.2.8 Provide five-foot-wide sidewalks in accordance with City
Ordinance.
16.2.9All construction shall conform to the requirements of the
Americans with Disabilities Act.
16.2.10 A Development Agreement shall be required.
16.2.11 Applicant shall provide an internal vehicular access connection
through the apartment complex to Locust Grove Road.
17. The legal description of the property that is the subject of this
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-00-003) - 9
application for re-zone is as follows:
A parcel of land including a portion of Overland Road right-of-way lying in the NW
1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho, more particularly described as follows:
Commencing at the North 1/4 comer of Section 20, T., 3N., R. 1E., B.M., the REAL
POINT OF BEGINNING of this description;
Thence S 00°24'16" W 849.15 feet along the east line of the NW 1/4 to a point;
Thence N 89°52'19" W 1,821.54 feet parallel with the north line of the NW 1/4 to a
point on the centerline of the Hunter Lateral;
Thence N 05°29'17'. W 20.43 feet along said centefline to a point;
Thence N 16°14'08" W 216.98 feet along said centerline to a point;
Thence N 1'8°27'39" W 470.81 feet along said centerline to a point;
Thence N 07°06'04" W 175.77 feet along said centerline to a point on the centerline
of Overland Road, which is also the north line of said NW 1/4;
Thence S 89°52'19'' E 2,060.97 feet along said north line to the REAL POINT OF
BEGINNING of this description;
Said parcel of land contains 38.018 acres more or less.
CONCLUSIONS OF LAW
1. : The Council may take judicial notice of government ordinances, and
policies, and of actual conditions ex/sting within the City and State.
2. The City of Meridian has exercised its authority and responsibility as
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 10
provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Tide 67,
Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord. No. 629, January 4, 1994.
3. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
The goals and policies listed below most directly apply to the proposed project:
Goals Section
Goal 3: TO encourage the kind of economic growth and development which supplies
employment and economic self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's ability to finance and
implement public improvements, services, and its open space character.
Goal 4: Toprovide housing opportunities for all economic groups within the
community~
Goal 8: To establish compatible and efficient use of land through the use of
innovative and functional site design.
Economic Development Chapter
1.1 The City of Meridian shall make every effort to create a positive atmosphere
that encourages.., commercial enterprises to locate in Meridian.
!.3 The character, site improvements and type of new commercial or industrial
developments should be harmonized with the natural environment and respect
the unique needs and features of each area..
Land Use Chapter
1.4U - Encourage new development which reinforces the City's present development
pattern of higher-density development within the Old Town area and lower-density
development in outlying areas.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VO1GT DEVELOPMENT / (RZ-00-003) - 11
1.8U - Promote the development of high-quality and environmentally compatible
residential greas that contain the necessary, parks, schools and commercial facilities to
maintain and form identifiable neighborhoods.
2.1U - Support a variety of residential categories for the purpose of providing the
City with a range of affordable housing opportunities.
2.2U - Support strategies for the development of neighborhood parks ~vithin all
residential areas.
2.3U - Protect and maintain residential neighborhood property values, improve each
neighborhood'$ physical condition and enhance its quality of life for residents.
4.8U - Encourage commercial uses, offices, and medical-care uses to located in the
Old To~vn district, business parks, shopping centers and near high-intensity activity
areas, such as freeway interchanges.
6.8U - New urban density subdivisions which abut or are proximal to existing rural
residential land uses shall provide screening and transitional densities with larger,
more comparable lot sizes to buffer the interface between the urban level densities
and rural residential densities.
Transportation Chapter
1.4U - Monitor and coordinate the compatibility of the land use and transportation
system.
1.20U - Encourage proper design of residential neighborhoods to ensure their safety
and tranquility.
Open Spaces, Parks and Recreation
2.5U - New: subdivision development.., will be considered as opportunities to...
encourage the development of recreational open spaces and parks as part of new
planned deyelopments.
Housing Chapter
1.1 - The City of Meridian intends to provide for a wide diversity of housing types...
in a variety of locations suitable for residential development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-00-003) - 12
i .4 - The development of housing for all income groups close to employment and
shopping centers should be encouraged.
1.6 - Housing proposals shall be phased with transportation, open space and public
service and facility plans, which will maximize benefits to the residents, minimize
conflicts and provide a tie-in between new residential areas and service needs.
1.19 - High-density development, where possible, should be located near open space
corridors or other permanent major open space and park facilities, and near major
access thoroughfares.
Communi .ty Design Chapter
5.2 - Ensure that all new development enhances rather than detracts from the visual
quality of its surroundings, especially in areas of prominent visibility.
6.5U - Establish land-use designations that reflect the character of existing
neighborhoods.
6.11U - Promote well-planned and well-designed affordable housing in all Meridian
neighborhoods.
4. The requested zoning of Limited Office District, (L-O) is defined in the
Zoning Ord!nance at 11-7-2 G as follows:
(L-O) Limited Office District: The purpose of the L-O District is to permit
the establishment of groupings of professional, research, executive,
administrative, accounting, clerical, stenographic, public service and similar
uses. Research uses shall not involve heavy testing operations of any kdnd or
product manufacturing of such a nature to create noise, vibration or emissions
of a nature offensive to the overall purpose of this District. The L-O District is
designed to act as a buffer between other more intense nonresidential uses and
high density residential uses, and is thus a transitional use. Connection to the
Municipal water and sewer system of the City is a requirement in this District.
5. Idaho Code § 67-6511 provides and requires that the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-O0-003) - 13
shall establish by ordinance one or more zones or zoning districts in accordance ~vith
the adopted Comprehensive Plan and the ordinance establishing zoning districts can
be amended with particular consideration given to the effects of any proposed zone
change upon the delivery of services by any political subdivision providing public
services, including school districts, within the City's planning jurisdiction and that it
is in conformance with the Comprehensive Plan.
6. Idaho Code § 67-651 lA provides:
Each governing board may, by ordinance adopted or amended in accordance
with the notice and hearing provisions provided under section 67-6509, Idaho
Code, require or permit as a condition of rezoning that an owner or developer
make a written commitment concerning the use or development of the subject
parcel. The governing board shall adopt ordinance provisions governing the
creation, form, recording, modification, enforcement and termination of
conditional commitments.
7. The City of Meridian by the adoption of Meridian City Code §
11-15-12 has exercised its authority to require or permit as a condition of rezoning
that an owner or developer make a written commitment concerning the use or
development of the subject property.
8. § 11-6-1 ZONING DISTRICT MAP provides in part as
follo~vs:
The districts established in this Ordinance as shown on the
Official Zoning Map, together with all explanatory matter thereon, are hereby
adopted as part of this Ordinance. Where uncertainty exists with respect to
the boundaries of any of the zoning districts as shown on the Official Zoning
Map, the following shall apply:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-00-003) - 14
8.1
8.2
8.3
8.4
Where district boundaries are indicated as approx2mately
following the centerline of street lines, highway right-of-way lines,
streams, lakes or other bodies of water, the centerline shall be construed
to be such boundary;
Where district boundaries are so indicated that they approximately
follow the lot lines, such lot lines shall be construed to be said
boundaries;
Where district boundaries are so indicated that they are approximately
parallel to the centeflines or street lines of streets, or the centerlines or
right-of-way lines of highways, such district boundaries shall be
construed as being parallel thereto and at such distance therefrom as
indicated on the Official Zoning Map. If no distance is given, such
dimensions shall be determined by the use of the scale shown on the
Official Zoning Map; and
Where the boundary of a district follows a railroad line, such boundary
shall be deemed to be located in the middle of the main tracLs of said
railroad line.
9. § 11-15-1 lof the Meridian City Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in part as follows:
The Commission and Council shall review the particular facts and
circumstances of each proposed zoning amendment in terms of the following
standards and shall find adequate evidence answering the following questions
about the proposed zoning amendment:
9.1 The new zoning will be harmonious with and in accordance ~v/th the
Comprehensive Plan.
9.2 The area is not intended to be rezoned in the future.
9.3
9.4
The area is intended to be developed in the fashion that is allowed
under the new zoning.
There has been no change in the area or adjacent areas which ~vould
dictate the area should be rezoned.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-00-003) - 15
9.5
The proposed uses will be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance with the
existing or intended character of the general vicinity and that such use
will not change the essential character of the same area;
9.6
The proposed uses will not be hazardous or disturbing to existing or
future neighboring uses;
9.7
The area will be serced adequately by essential public fadlities and
services such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible
for the establishment of proposed zoning amendment shall be able to
provide adequately any of such services;
9.8
The use will not create excessive additional requirements at public cost
for public facilities and services and will not be detrimental to the
economic welfare of the community;
9.9
The proposed uses will 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;
9.10
9.11
The area will have vehicular approaches to the property which shall be
so designed as not to create an interference with traffic on surrounding
public streets;
The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
9. I2 The proposed zoning amendment is in the best interest of the City of
Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND .DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.6z1 ACRES FROM R-zt TO L-O
BY: G.LVOIGT DEVELOPMENT / (RZ-O0-003) - 16
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN
ADOPTED, the City Council does hereby Order and this does Order:
1. The Applicant's request for rezone of approximately 37.64 acres
for construction and development of a planned commercial development is granted,
subject to the terms and conditions of this Order hereinafter stated; and
2. The following special terms and conditions of use and
development relate to this application to-wit:
2.1 Any existing irrigation/drainage ditches crossing the property to
be included in this project shall be tiled per City Ordinance. The
ditches to be piped shall be shown on the site: plans. Plans shall
be approved by the appropriate irrigation/drainage district, with
written confirmation of said approval submitted to the Public
Worlcs Department. No variances have been requested for tiling
of any ditches crossing this project.
2.2 Any existing domestic wells and/or septic systems ~vithin this
project shall have to be removed from their domestic service per
City Ordinance. Wells may be used for non-domestic purposes
such as landscape irrigation.
· 2.3 Off-street parking shall be provided in accordance with City of
Meridian Zoning and Development Ordinance and/or as detailed
in site-specific requirements.
2.4 Paving and striping shall be in accordance with the standards set
forth in the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities
Act (ADA) requirements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-O0-O03) - 17
2.5 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
for all off-street parking areas. All site drainage shall be contained
and disposed of on-site.
2.6 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Section.
2.7 All signage shall be in accordance with the standards set forth in
the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs will be
permitted.
2.8 Provide five-foot-wide sidewalks in accordance with City
Ordinance.
2.9 Ail construction shall conform to the requirements of the
Americans with Disabilities Act.
2.10 A Development Agreement shall be required.
2.11 Applicant shall provide an internal vehicular access connection
through the apartment complex to Locust Grove Road.
3. The City Attorney shall prepare for consideration by the
City Council the appropriate ordinance for the re-designation of the zoning for the
real property which is the subject of the application to (L-O) Limited Office District
(Meridian City Code § 11-7-2 G) which ordinance shall be considered for passage.
4. Subsequent to the passage of the Ordinance, provided for in
Section 2 of this Order, the engineering staff of the Public Worlcs Department shall
prepare the appropriate mapping changes of the official Zoning Maps as provided in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-00-003) - 18
Meridian City Code § 11-21-i in accordance with the provisions of the rezoning
ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a finai action of the governing body of the City
of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the rezoning 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.
2000.
By action of the City Council at its regular meeting held on ~7~t/~.___,~/'Z'
ROLL CALL
COLrNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCIL PERSON TAMMY deWEERD
COUNCIL PERSON CHERIE McCANDLESS
VOTED
VOTED
VOTED
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-00-003) - 19
VOTED
MOTION:
APPROVED:~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Dated:
Department and the City Attorney.
City Clerk
msg/Z:\WorI6dVlkMeridian 15360IVEResolution Business Park .~Z RZ CUP PP~FfsClsOrderREZ
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/(RZ-00-O03) - 20
MAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie McCandless
MEMORANDUM:
To:
From:
Re:
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
LEGAL DEPARTMENT
(208) 288-~99 · Fax 288-2501
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 · Fax (208) 887-4813
ciI ° ice IVED
JUL ] 2 2000
July 13, 2000
CITY OF MERIDIAN
Mayor & City Council CITY CLERK OFFICE
Bruce Freckleton, Assistant to City Engine~
Shari Stiles, P&Z Administrator ~'~
Request for Fh~al Plat for WOODHAVEN SUBDIVISION - 29 Single-family Lots
on 8.25 Acres by D.W. Inc.
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 · Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 · Fax 888-6854
We have reviewed this submittal and offer the following comments, as conditions of the
application. These conditions shall be considered in full, unless expressly modified or deleted by
motion of the Meridian City Council:
GENERAL COMMENTS
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, with written confirmation of said approval submitted to the Public
Works Department.
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.
o
Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
Subrait "Final" letter from the Ada County Street Name Committee, approving the subdivision
and street names. Make any corrections necessary to conforn~
5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent.
If possible, respond in writing to the each of the conmaents contained in this memorandum,
prior to the scheduled July 18, 2000 hearing by the Meridian City Council. Submit three
copies of the revised Final Plat Map to the Public Works Department for compliance review
prior to development plan approval.
FP-00-012 Woodhaven. FP.doc
Mayor & City Council
July 13, 2000
Page 2
SITE SPECIFIC COMMENTS
Sanitary sewer and water service to this site will be via extensions of the existing mains
installed in adjacent developments. Applicant will be responsible to construct lateral sewer
and water mains to and through this proposed development. Installation of a sewer and water
lines in S. Eagle Road will be required so as to provide service to adjacent property through
this development. Subdivision designer to coordinate main sizing and routing with the Public
Works Department.
A perimeter fencing plan and detailed landscape plan for S. Eagle Road was submitted for
review and approval by staffwith the final plat application. The exact location of all fencing
is not clear on the plans. No fencing will be permitted within the 30-foot-wide landscape
buffer along Eagle Road. A letter of credit or cash surety in the mount of 110% will be
required for all fencing, landscaping, pressurized inigation, sanitary sewer, water, etC., prior
to signature on the final plat. Perimeter fencing shall be installed prior to obtaining building
permits.
The pressurized irrigation system is proposed to be an extension of the existing Nampa &
Meridian Irrigation District system serving Thousand Springs Village Subdivision.
The areas set aside as easements for storm drainage on Lots 13, 14, 23-25, Block 2, shall be
contained within common areas per the agreement between the City of Meridian and the Ada
County Highway District.
Applicant's engineer will be required to submit a signed, stamped statement certifying that
all street finish centerline elevations are set a miniranm of three feet above the highest
established normal groundwater elevatior~
Staff s failure to cite specific ordinance provisions or terms of the approved preliminary plat
does not relieve Applicant of responsibility for compliance.
Please deliver a copy of the second page of the plat for review and approval the Public Works
Department.
8. Please label the area south of the subdivision boundary as "UNPLATTED"