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