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Tarawood Subdivision RECORDED- REQUEST OF ADA ~OUNT¥ R~CORDER."~ / J DAVI~ NAVARRO M~RIDIAN OITY DEVELOPMENT AGREEMENT PARTIES: 2. City of Meridian Frank W. Stoppello/Michelangelo Investments, LLC THIS DEVELOPMENT AGREEMENT (this _'Agreement"), is made and entered into this/tQ day of..J .t,-Fd , ~9,~/, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and FRANK W. STOPPELLO/MICHELANGELO INVESTMENTS, LLC, hereinafter called "DEVELOPER", whose address is 620 W. Hays Street, Boise, Idaho 83702. 1. RECITALS: 1.1 WHEREAS, "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 "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 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Low Density DEVELOPMENT AGREEMENT-1 1.5 Residential District (R-4), (Municipal Code of the City of Meridian); and WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & 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 ~ day of ~, 1999, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 1.10 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the DEVELOPMENT AGREEMENT - 2 planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance//629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. 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": means and refers to Frank W. Stoppello/Michelangelo Investments, LLC, whose address is 620 W. Hays Street, Boise, Idaho 83702, the party developing 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. 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 Section 11-2-408 B 3, Low Density Residential DEVELOPMENT AGREEMENT - 3 District (R-4), Meridian City Code which are herein specified as follows: For the construction, use and maintenance of 32 single- family dwellings. 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 "Developer" shall develop the "Property" in accordance with the following special conditions: 5.1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. 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. No variances have been requested for tiling of any ditches crossing this project. 5.1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.3 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 5.1.4 Submit letter to the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5.1.5 Coordinate fire hydrant placement with the City of Meridian Public Works Department. DEVELOPMENT AGREEMENT - 4 5.1.6 5.1.7 5.1.8 Indicate on the final plat map and FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. Respond in writing, to each of the comments contained in the memorandum of staff by noon the day of the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a lxdnimum of one week prior to the hearing by the Meridian City Council. Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 5.1.9 Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant shall be responsible to construct the water mains to and through the proposed development. Subdivisiox~ designer to coordinate main sizing and routing with the Public Works Department. 5.1. i 0100-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. 5.1.1 iApplicant indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 5.1.12Applicant to provide for a common lot to be owned and maintained by the Home Owners Association along the southern boundary of the subdivision from Nine Mile Drain to the easternmost common lot in Sherbrooke Hollows Subdivision, which common lot shall be of sufficient width as required by staff for pedestrian access DEVELOPMENT AGREEMENT - 5 use. Provided, however, nothing herein shall be construed to require any maintenance by said Homeowners' Association that would otherwise be done by the Nampa & Meridian Irrigation District as part of its maintenance of the Nine Mile Drain. 5.1.13A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 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 "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) 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. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" 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: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "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. DEVELOPMENT AGREEMENT - 6 9. DEFAULT: 9.1 9.2 In the event "Developer", "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. A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. I 0. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 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 "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 "Developer" shall have thirty (30) days after delivery of notice of said breach to correct DEVELOPMENT AGREEMENT - 7 the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defanlting 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 "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 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 §12-5-3 of the Meridian City Code, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed,, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "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 DEVELOPMENT AGREEMENT - 8 three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Frank W. Stoppello/ Michelangelo Investments, LLC 620 W. Hays Street Boise, Idaho 83702 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 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 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. 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 perform. 19. 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 DEVELOPMENT AGREEMENT - 9 acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 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 "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 "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". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 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. DEVELOPMENT AGREEMENT - 10 ACICNOW-LEDGMENTS IN WITNESS WHEREOF, the partieS have herein executed this agreement and Made it effective as hereinabove provided. Attest: Developer/ CITY OF MERIDIAN Attest: BY: ~~--'- .[gdAYOR(OB~E 'RT '~D .~O ~p~~ DEVELOPMENT AGREEMENT - 11 STATE OF IDAHO ) :SS COUNTY OF ADA ) · On this_Ii'day of h?F~ , in the year 2001, before me, ~tk~,Fllq~ Wt. (~{4~ Notary'Public, personally appeared Frank W. Stoppello ~ }?vA ~ ,~ ~ ~, ~_._~J<nown or identified to me to be the Manager ~ 1 .'~/, ~, ~ -- of Michelangelo Investments, LLC, who executed the i~ts~rumen~ on behal~of said Michelangelo Investments, LLC, and aclmowledge to me having executed the same. Notary Public for Idaho Commission expires: ~l-O~-2ztSO~ STATE OF IDAHO ) :SS Comity of Ada ) On this ~ day of l~qoyil , in the year 2001, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, lmow 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 aclmowledged to me that such City executed the same. ~ x .l Nota~ ~ Idaho ,.~~. Com~ssion expires: m s g/Z:\Work~Iistor3AM~Meridian~T ar awood S u b division~D evelopAg~ DEVELOPMENT AGREEMENT - 12 EXHIBIT A Legal Description Of Property A parcel of land lying in the SW I/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest comer of Section 20, T.3N., R. IE., B.M., thence N 00044'49'' E 1327.60 feet to the southwest comer of the N '/2 of the SW 1/4; Thence S 89°49'11" E 1273.08 feet along the south line of the N ~/~ of the SW 1/4 to the REAL POINT OF BEGINNING of this description; Thence N 41°53'21'' W 263.54 feet to a point; Thence N 40°44'21'' W 140.40 feet to a point; Thence N 28058'20'' W 183.69 feet to a point; Thence S 89°56'41'' E 57.21 feet to a point; Thence N 29001'26'' W 233.14 feet to a point; Thence S 89°58'11" E 57.20 feet to a point; Thence S 29001'26'' E 252.05 feet to a point; Thence S 89°56'41" E 1407.08 feet to a point; Thence S 39002'03'' W 301.40 feet to a point; Thence S 18002'03'' W 105.00 feet to a point; Thence S 12006'03'' E 117.00 feet to a point on the south line of the N I/2 of the SW 1/4; Thence N 89°49'11" W 976.31 feet along the south line of the N ~/~ of the SW 1/4 to the REAL POINT OF BEGINNING of this description; Said parcel of land containing 12.797 acres more or less. DEVELOPMENT AGREEMENT - 13 EXHIBIT B Findings of Fact and Condusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - 14 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF MICHELANGELO INVESTMENTS, LLC, THE APPLICATION FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION, SOUTH OF LOS AL&MITOS PARK AND NORTH OF SHERBROOKE HOLLOWS, MERIDIAN, IDAHO Case No. AZ-99-015 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on October 5, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Frank Stoppello, and appearing on behalf of the Applicant was Becky Bowcutt from Briggs Engineering, appeared and testified and appearing in opposition or ~vith concerns were: Clint Riley, Michael DeMayo, Scott Jarvis, Mr. Sutter, having testified in opposition and the City Council having duly considered the evidence and the record in this matter therefore makes the follo~ving Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning xvas published for txvo (2) consecutive weeks prior to said public hearing scheduled for October 5, 1999, before the City Council, the first publication appearing and ~vritten notice having been mailed to property owners or purchasers of record ~vithin three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and ~vith 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 ~vere 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 October 5, 1999, 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 ~vith all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-,~16E and II-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title i 1, Municipal Code of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW o Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City' of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 12.80i acres in size. The property is located south of Los Alamitos Park and north of Sherbrooke Hollo~vs Subdivision, Meridian, Idaho. The property is designated as Tarawood Subdivision. 5. The o~vner of record of the subject property is Michelangelo Investments, LLC, of 620 W. Hays Street, Boise, Idaho. 6. Applicant is owner of record. 7. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of vacant agricultural land. 8. The Applicant requests the property be zoned as Low Density Residential (R-4). 9. The proposed site of the subject property is located north of Sherbrooke Hollows, west of the proposed Thousand Springs Subdivision and south of the Los Alamitos Subdivision. 10. The city limits of the City of Meridian are adjacent and abut to the north, south and east of the subject property with Ada County Rural Transitional FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC (R-T) to the west. 11. The property ~vhich is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included ~vithin the Meridian Urban se~-vice Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: construction and development of 32 single family d~vellings. 14. The Applicant requests zoning of the subject real property as Lo~v Density Residential (R-4) ~vhich is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as single family residential. i5. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 15.1 Any existing irrigatioWdrainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 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. No variances have been requested for tiling of any ditches crossing this project. Any existing domestic wells and/or septic systems ~vithin this project xvill have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. Provide 5' ~vide sidewalks in accordance ~vith City Ordinance Section 11-9-606.B. Submit letter to the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. Coordinate fire hydrant placement with the City of Meridian Public Works Department. Indicate on the final plat map and FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. Respond in ~vriting, to each of the comments contained in the memorandum of staff by noon the day of the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the server lines on the south and west sides of the centerline. Water service to this site will be via extensions of ~xisting mains installed in adjacent developments. Applicant shall be responsible to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRAaNTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC construct the water mains to and through the proposed developlnent. Subdivision designer to coordinate main sizing and routing xvith the Public Works Department. 15.10 100-~vatt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. Ali streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 15.i1 Applicant indicated that the pressurized irrigation system within this development is to be owned and maintained bv the Nampa & Meridian Irrigation District. 15.12 Adjust adjacent lot line to provide the minimum street frontage, create a IO foot wide common area in place of the 10 foot easement adjacent to the north of Lot 3, Block 1. These lots are to be owned and maintained by the Home O~vners Association. 15.13 A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for review and approval ~vith the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 15.14 Permanent non-combustible fencing is to be installed along the common area lot line for the Ridenbaugh Canal and Nine Mile Drain and pedestrian pathways. Fencing is to be in place prior to applying for building permits. 15.15 Applicant shall enter into a Development Agreement with the City as a condition of the Council granting the zoning application which shall contain the conditions of the development here in this section set out and for the use as set forth in Finding number 13. 16. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 15, and ail subparts, the economic welfare of the City and its residents and tax and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC will be protected, ~vhich requirement shall be included in a development agreement, a condition of annexation and zoning designation. 17. It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner ~vhich is harmonious and appropriate in appearance ~vith the existing, or intended character of the general vicinity, in order to assr, re that the proposed use will not change the essential character of the affected vicinity and ~vill insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 18. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 19. There are no major or scenic features of major importance that affect the consideration of this application. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive plan and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC 20.2 requirements of the Zoning ordinance assure that the processing of such application is the managenrent of gto,vth ,vith the aim to achieve high- quality development. Enhancement of Meridian's quality' of life for ail residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. This proposed ne;v grorvth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 20.4 20.5 20.6 20,7 20.8 The expansion of commercial development is facilitated bv the granting of this application subject to the conditions herein set forth. The application is consistent with Meridian's self identity. The proposed development will be consistent ~vith the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC plan and the Zoning ordinances of the City to the subject application. 21. The property can be physically serviced with City rvater and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies ~vithin the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is ~vithin the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing ~vithin the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC 4.1 4.2 To preserve Meridian's environmental quality and to make provisions for and improve the total natural enviromnent by adopting City-~vide and Urban Service Planning Area policies, ~vhich deal ~vith area-specific policies and programs. To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of r,e~v housing units within the Urban Service Planning Area. 4.3 4.4 4.5 4.6 4.7 To encourage the Mnd of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. To provide housing opportunities for all economic groups ~vithin the community. To preserve and improve the character and quality of Meridian's man-made environment ~vhile maintaining its identity as a self-sufficient community. To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC revenues pay for services. 4.10 To create an Urban Service Planning Area ~vhich is visuallv attractive, efficiently managed and clearly identifiable. 5. The requested zoning of Low Density Residential , (R-4) is defined in the Zoning Ordinance at 11-2-408 B. 3. as follo*vs: (R-4) Low Density Residential District: Only single-family dsvellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of lo,v density single- family dwellings, and to delineate those areas xvhere predominately residential development has, or is likely to occur in accord ,vith the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allo,vs for a maximum of four (4) d~velling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, A, this Section lists the uses allowed in the various zoning districts of the City; that single family d~vellings are listed as permitted uses in the Lo~v Density Residential (R- 4) District. 7. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is not required for Applicant to construct and develop single family dwellings on this parceI of land. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burr vs. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC Citv of Idaho Falls, 105 Idaho 65,665 P2d 1075 (I983). 9. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. i 1. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a ~witten commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 12.801 acres to Low Density Residential Zone (R-4) is granted subject to the terms FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 12.801 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. The City Attorney is directed to prepare a development agreement in accordance with the general form used by the City of Meridian for such agreements ,vith the following special terms and conditions related to this application to-svit: 3.1 Any existing irrigation/drainage ditches crossing the property to be included in 'this project, shall be tiled per City Ordinance 11-9-605.M. 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. No variances have been requested for tiling of any ditches crossing this project. 3.2 Any existing domestic wells and/or septic systems within this project ~vill have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Provide $' wide sidewalks in accordance with City Ordinance Section ! 1-9-606.B. 3.4 Submit letter to the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessa .fy to conform. 3.5 Coordinate fire hydrant placement with the City of Meridian Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC 3.6 Indicate on the final plat map and FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundarv. 3.7 3.8 3.9 3.10 3.11 3.12 3.13 Respond in writing, to each of the comments contained in the memorandum of staff by noon the day of the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Prelimina~ Plat Map to the City Clerk's Office a mininmm of one week prior to the hearing by the Meridian City Council. Sanitau; sewer service to this site ~vill be via an extension from the existing main that is adjacent to the proposed development. Applicant shall be responsible to construct the sewer mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing ~vith the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant shall be responsible to construct the ,vater mains to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 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. Applicant indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. Adjust adjacent lot line to provide the minimum street frontage, create a 10 foot wide common area in place of the 10 foot easement adjacent to the north of Lot 3, Block 1. These lots are to be owned and maintained by the Home Owners Association. A detailed landscape plan for the common areas, including fencing locations, pathways and types of construction, shall be submitted for FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC revie~v and approval with the submittal of the final plat map. A letter of credit or cash surety ~vill be required for the improvements prior to signature on the final piat. 3.14 Permanent non-combustible fencing is to be installed along the common area lot line for the Ridenbattgh Canal and Nine Mile Drain and pedestrian path~vays. Fencing is to be in place prior to applying for building permits. 3.15 Applicant shall enter into a Development Agreement ~v/th the City as a condition of the Council granting the zoning application which shall contain the conditions of the development here in this section set out and for the use as set forth in Finding number 13. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential (§ 11-2-408 B 3 of the Revised and Compiled Ordinances of the City of Meridian) which Ordinance shall be considered for passage subsequent to the applicant having executed the development agreement. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the PuNic Works Department shall prepare the appropriate mapping changes of the official boundaries and oning maps as provided in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person 5vho has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~ £~ day of ,1999. ROLL CALL COUNCILMAN ANDERSON VOTED_~o~a~ COUNCILMAN BENTLEY VOTED_~ COUNCILMAN BIRD VOTED__~ COUNCILMAN ROUNTREE VOTED_~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TARAWOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: VOTED MOTION: APPROVE~~Z:~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Deparunent, Public Works Department and City Attorney. By: ~.~.~'~._~~/ ¢ Dated: ///- City Clerk (/ · t' t~t~lOllI i~1~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TAIL&WOOD SUBDIVISION BY: MICHELANGELO INVESTMENTS, LLC