Farrington, Opal AZ 00-012
PARTIES: 1.
2.
RECORDED-REQUEST OF
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MEf\\OIAN anY
DEVELOPMENT AGREEMENT
City of Meridian
Opal C. Farrington, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this~ day of Yì'Wlc.h ~2.000, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and OPAL C. FARRINGTON TRUST, hereinafter
called "OWNERIDEVELOPER", whose address is 1180 E. Pine Street,
Meridian, Idaho 83642.
1.
RECITALS:
l.l
1.2
1.3
1.4
WHEREAS, "Owner" 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
WHEREAS, I.c. §67-65IIA, Idaho Code, provides that
cities may, by ordinance, require or perrnit as a condition
of re-zoning that the owner make a written comrnitment
concerning the use or development of the subject
"Property"; and
J
WHEREAS, "City" has exercised its statutory authority by
the enactrnent of Ordinance 11-15-12 and 11-16-4 A,
which authorizes development agreements upon the
annexation and/or re-zoning of land; and
WHEREAS, "OwnerlDeveloper" has submitted an
application for annexation and zoning of the "Property"s
described in Exhibit A, and has requested a designation of
Low Density Residential District (R-4), (Meridian City
Code §§ II-7-2 C); and
DEVELOPMENT AGREEMENT (AZ-00-012) - 1
)
1.5
1.6
1.7
1.8
1.9
WHEREAS, "OwnerJDeveloper" made representations at
the public hearings both before the Meridian Planning &
Zoning Cornmission and before the Meridian City Council,
as to how the subject "Property" will be developed and
what improvernents will be made; and
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning & Zoning
Commission, and subsequently before the City Council,
include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
WHEREAS, City Council, the 16. day of August, 2000,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
WHEREAS, both the "Findings" require the
"OwnerJDeveloper" to enter into a development agreement
before the City Council takes final action on annexation
and zoning designation; and
"DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and aclmowledges that
this Agreernent was entered into voluntarily and at its
urging and requests; and
1.10 WHEREAS, "City" requires the "OwnerJDeveloper" 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
DEVELOPMENT AGREEMENT (AZ-00-012) - 2
designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to ensure annexation and zoning
designation is in accordance with the Comprehensive Plan
of the City of Meridian adopted December 2 I, 1993,
Ordinance #629, January 4, 1994, and the Zoning and
Development Ordinances codified in Meridian City Code
Title II and Title 12.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.I
3.2
3.3
"CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a rnunicipal 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.
"DEVELOPER"/"OWNER": means and refers to Opal C.
Farrington, whose address is I 180 E. Pine Street,
Meridian, Idaho 83642, the party developing said
"Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
DEVELOPMENT AGREEMENT (AZ-00-012) - 3
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
4.2
The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Meridian City Code Sections 11-7-2 C which
are herein specified as follows:
(R-4) Low Density Residential District: Only single-
family dwellings shall be pennitted 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 low density
single-family dwellings, and to delineate those areas where
predominantly residential development has, or is likely to
occur in accord with the Comprehensive Plan of the City,
and to protect the integrity of residential areas by
prohibiting the intrusion of incompatible nonresidential
uses. The R-4 District allows for a maximum of four (4)
dwelling units per acre and requires connection to the
Municipal water and sewer systems of the City.
For the construction and development to add one additional
home on the 4.7 acres.
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.A
"Developer"/"Owner" shall enter into a Development
Agreement, that provides in the event the conditions
therein are not rnet by the Developer that the property
shall be subject to de-annexation, with the City of
Meridian which provides for the following conditions of
development to-wit:
DEVELOPMENT AGREEMENT (AZ-00-012) - 4
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
The ACHD requires dedication right-of-way on E. Pine
Street and N. Adkins Lane and to pave the new private
driveway 30-feet into the site off East Pine.
Any existing irrigation/drainage ditches crossing the
property to be included in this project shall be tiled per
City Ordinance (No.12-4-13). The ditches to be piped
shall be shown on the site plans. Plans shall be approved
by the appropriate irrigation/drainage district, with written
confirmation of said approval submitted to the Public
Works Department.
Any existing domestic wells and/or septic systems within
this project shall have to be removed from their domestic
service per City Ordinance. Wells may be used for non-
domestic purposes such as landscape irrigation.
Off-street parking shall be provided in accordance with
City of Meridian Zoning and Development Ordinance.
Any future subdivision or lot splits within the boundaries
of the subject property shall require submittal of a plat
application and all associated improvements (sidewalks,
streetlights, drainage, etc.) shall be required at that time.
Applicant shall coordinate utility connections with
Meridian Public Works Departrnent.
Future platting, right-of-way requirements, and any higher
intensity zone that allows a greater number of uses shall be
addressed in a future Development Agreement.
The existing irrigation ditch on the property must be
maintained including weed removal during the 2000
irrigation season. Further, the ditch must be tiled before
the beginning of the 200 I irrigation season. In the event
that the ditch is not tiled as required by the City Council,
after notice to the applicant, water service to the property
DEVELOPMENT AGREEMENT (AZ-00-012) - 5
may be discontinued until such tirne as this condition is
rnet.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the cornrnitrnents contained herein shall be terrninated, and
the zoning designation reversed, upon a default of the "Developer"/"Owner" or
"Developer"'s!"Owner's" heirs, successors, assigns, to comply with Section 5
entitled "Conditions Governing Development of subject "Property" of this
agreement within two years of the date this Agreement is effective, and after
the "City" has complied with the notice and hearing procedures as outlined in
r.c. § 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL
OF ZONING DESIGNATION
"Developer"/"Owner" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
7.1
That the "City" provide written notice of any failure to
cornply with this Agreernent to "Developer"/"Owner" and
if the "Developer"/"Owner" fails to cure such failure
within six (6) months of such notice.
8. INSPECTION: "Developer"/"Owner" shall, immediately upon
completion of any portion or the entirety of said development of the
"Property" as required by this agreement or by City ordinance or policy, notify
the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance
with the terms and conditions of this Development Agreement and all other
ordinances of the "City" that apply to said Development.
9.
DEFAULT:
9.1
In the event "Developer"/"Owner",
"Developer"'s/"Owner's" heirs, successors, assigns, or
subsequent owners of the "Property" or any other person
acquiring an interest in the "Property", fail to faithfully
DEVELOPMENT AGREEMENT (AZ-00-012) - 6
comply with all of the tenns and conditions included in
this Agreement in connection with the "Property", this
Agreement may be modified or terminated by the "City"
upon compliance with the requirements of the Zoning
Ordinance.
9.2
A waiver by "City" of any default by "Developer"/"Owner"
of anyone or more of the covenants or conditions hereof
shall apply solely to the breach and breaches waived and
shall not bar any other rights or remedies of "City" or
apply to any subsequent breach of any such or other
covenants and conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer"'s!"Owner's" cost, and submit proof of such recording
to "Developer"/"Owner", 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.
I2. REMEDIES: This Agreernent shall be enforceable in any court
of cornpetent jurisdiction by either "City" or "Developer"/"Owner", 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 perfonnance of the covenants, agreements, conditions, and
obligations contained herein.
12. I In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer"/"Owner" shall
have thirty (30) days after delivery of notice of said breach
to correct the same prior to the non-breaching party's
DEVELOPMENT AGREEMENT (AZ-00-012) - 7
seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period,
if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity,
then the tirne allowed to cure such failure may be extended
for such period as rnay 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
perforrned hereunder by either "Developer"/"Owner" or
"City" is delayed for causes which are beyond the
reasonable control of the party responsible for such
performance, which shall include, without limitation, acts
of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the arnount of tirne
of such delay.
13. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that
installation of the improvements, which the "Developer" agrees to provide, if
required by the "City".
I4. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner"
agrees that no Certificates of Occupancy will be issued until all improvements
are completed, unless the "City" and "Developer"/"Owner" have entered into
an addendurn 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"/"Owner" 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
DEVELOPMENT AGREEMENT (AZ-OO-012) - 8
Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Opal C. Farrington
1180 E. Pine Street
Meridian, Idaho 83642
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.
I 7. 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 tirne is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
DEVELOPMENT AGREEMENT (AZ-00-012) - 9
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
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
"Owner/Developer" and "City" relative to the subject matter hereof, and there
are no prornises, agreernents, conditions or understanding, either oral or
written, express or irnplied, between "Owner/Developer" and "City", other
than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to
a duly adopted ordinance or resolution of "City".
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
DEVELOPMENT AGREEMENT (AZ-00-012) - 10
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendrnent 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
arnendment to the Meridian Zoning Ordinance in connection with the
annexation and zoning of the "Property" and execution of the Mayor and City
Clerk.
DEVELOPMENT AGREEMENT (AZ-OO-O 12) - 11
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided-
O~ERß)EVELOPER
OPAL C. FARRINGTON
BY: (j) fÀf 4' /lAT--.
CITY OF MERIDIAN
BY ~ ~<
Máyo, --obert D. Coni,
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DEVELOPMENT AGREEMENT (AZ-00-012) - 12
STATE OF IDAHO
:ss
COUNTY OF ADA
On this~/"1:y Of'¡j("'¿7ALt~ , in the year 2000,
bdoreIl).e, &1.2/,"'-0 ~ a Notary Public, personally appeared Opal C.
F~rj..vgt;c:m,. kno or identified to me to be the person who executed the
fot~gÓing instnnnent, and acknowledged to me having executed the same.
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ota u lic for Idaho
Commission expires: y.?»~
County of Ada
On this
)
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it 2D day of
3aV
~ ~ the year 2000,
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg, know or identified to rne to be the Mayor and Clerk, respectively, of the
City of Meridian, who executed the instnnnent or the person that executed the
instrurnent of behalf of said City, and acknowledged to me that such City
executed the sarne.
(SEAL)
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Commission expires: t:- 2.b- Db
DEVELOPMENT AGREEMENT (AZ-OO-012) - 13
EXHIBIT A
Legal Description Of Property
A parcel of land being Lot 5 of Eastside Addition to
Meridian as filed for record in the office of the Ada County
Recorder in Book 4 of Plats, at page 158, and a portion of
Pine Avenue, and a portion of Adkins Street, all situated in
the Southeast 1/4 of the Northeast 1/4 of Section 7,
Township 3 North, Range I East, Boise Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at a brass cap monumenting the southeast
comer of said Northeast 1/4 of Section 7, from which the
southwest corner of said Northeast 1/4 bears South
89°07'04" West 2647.61 feet;
thence along the southerly boundary of said Northeast 1/4 of
Section 7, said southerly boundary also being the centerline
of Pine Avenue, South 89°07'04" West 674.38 feet to the
intersection of Pine Avenue and Adkins Street, being the
POINT OF BEGINNING;
thence continuing along said southerly boundary and
centerline, South 89°07'04" West 334.68 feet;
thence leaving said southerly boundary and centerline,
North 00°02'59" East 25.00 feet to an iron pin on the
northerly right-of-way of said Pine Avenue monumenting the
southwesterly comer of said Lot 5;
thence along the westerly boundary of said Lot 5, North
00°02'59" East 654.13 feet to the northwest comer of said
Lot 5;
thence leaving said westerly boundary and along the
northerly boundary of said Lot 5 North 89°2 1'5 I" East
DEVELOPMENT AGREEMENT (AZ-00-012) - 14
314.47 feet to an iron pin monumenting the northeast
corner of said Lot 5;
thence continuing North 89°21'51" East 20.00 feet to the
centerline of said Adkins Street;
thence along said centerline South 00°02'01" West 677.69
feet to the POINT OF BEGINNING, comprising 5.210 acres,
more or less.
DEVELOPMENT AGREEMENT (AZ-00-012) - 15
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
Z:\Work\M\Meridian 15360MIFarrlnl!ton 00.1 AZlDevelooA\!I
DEVELOPMENT AGREEMENT (AZ-00-012) - 16
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF OPAL
FARRINGTON, THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 4.7 ACRES FOR THE
ADDITION OF ONE MORE
HOUSE, LOCATED AT THE
NORTHWEST CORNER OF E.
PINE AND N. ADIGNS,
MERIDIAN, IDAHO
08-02-00
)
)
)
)
)
)
)
)
)
)
)
)
Case No. AZ-OO-OI2
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on for
public hearing on Jtùy 18, 2000, and continued until August 1, 2000, at the hour of
7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and
testified, and no one appeared in opposition at the Jtùy 18,2000, rneeting, and at the
August I, 2000 meeting, Shari Stiles, Planning and Zoning Adrninistrator, appeared
and testified, and appearing on behalf of the Applicant was Cecilia Brock, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON
(AZ-OO-OI2)
appearing and testifying with comments or concerns was: Bernadine Morgan, and the
City Council having duly considered the evidence and the record in this rnatter
therefore makes the following Findings of Fact and Conclusions of Law, and Decision
and Order:
FINDINGS OF FACT
1.
The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for July IS, 2000, and continued until August 1,2000, before the City
Council, the first publication appearing and written notice having been mailed to
property oVl'l1ers or purchasers of record within three hundred feet (300') of the
external boundaries of the property under consideration more than fifteen (15) days
prior to said hearing and with the notice of public hearing having been posted upon
the property under consideration more than one week before said hearing; and that
copies of all notices were made available to newspaper, radio and television stations
as public service announcements; and the rnatter having been duly considered by the
City Council at the July IS, 2000, and continued until August I, 2000, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and subrnit evidence.
2.
There has been compliance with all notice and hearing requirements set
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY OPAL FARRINGTON
(AZ-00-OI2)
forth in Idaho Code §§ 67-6509 and 67-651 I, and Meridian City Code §§ 11-15-5
and 11-16-1.
3.
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles II and 12, Meridian City Code, and all
current zoning rnaps thereof, and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993, Ordinance No. 629, January 4,I 994, 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.
5.
The property is approximately 4.7 acres in size and is located at the
northwest comer of E. Pine and N. Adkins.
6.
The owner of record of the subject property is Opal C. Farrington, of
Meridian, Idaho.
7.
, Applicant is owner of record.
8.
The property is presently zoned by Ada County as R-I, and consists of
two single family dwellings.
Meridian.
9.
The Applicant requests the property be zoned as R-4.
10.
The subject property is bordered on all sides by city limits of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON
(AZ-00-012)
II.
The property which 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 within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Cornprehensive Plan.
13.
The Applicant proposes to develop the subject property in the following
manner: add one more house on the property.
14.
The Applicant requests zoning of the subject real property as Low
Density Residential District (R-4) which is consistent with the Meridian
Comprehensive Plan Generalized Land Use Map which designates the subject
property as Mixed Planned Use Development.
15.
There are no significant or scenic features of major importance that
affect the consideration of this application.
16.
Giving due consideration to the comrnent 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 irnposeexpense upon the public if the following conditions of development are
imposed:
Adopt the Recommendations of the Planning and Zoning Commission as
follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON
(AZ-OO-O12)
16. I The ACHD requires dedication right-of-way on E. Pine Street and N.
Adkins Lane and to pave the new private driveway 30-feet into the site
off East Pine.
16.2 Any existing irrigation/drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance (No.12-4-l3).
The ditches to be piped shall be shown on the site plans. Plans shall be
approved by the appropriate irrigation/drainage district, with written
confirmation of said approval submitted to the Public Works
Department.
16.3 Any existing domestic wells and/or septic systems within this project
shall have to be removed frorn their dornestic service per City
Ordinance. Wells may be used for non-domestic purposes such as
. landscape irrigation.
I6.4 Off-street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance.
16.5 Any future subdivision or lot splits within the boundaries of the subject
property shall require submittal of a plat application and all associated
improvements (sidewalks, streetlights, drainage, etc.) shall be required at
that time.
16.6 Applicant shall coordinate utility connections with Meridian Public
Works Department.
16.7 The Planning and Zoning Commission further recommends that the
irrigation ditch shall be tiled and maintained by any way necessary on
the property.
16.8 A Development Agreernent shall be required for future platting, right-of-
way requirements, and any higher intensity zone that allows a greater
number of uses.
16.9 The existing irrigation ditch on the property must be maintained
including weed removal during the 2000 irrigation season. Further, the
ditch must be tiled before the beginrúng of the 2001 irrigation season.
In the event that the ditch is not tiled as required by the City Council,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON
(AZ-00-012)
after notice to the applicant, water service to the property may be
discontinued until such time as this condition is rnet.
17.
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. I6, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreernent if
there are any future platting, right-of-way requirements, and any higher intensity
zone that allows a greater number of uses.
18.
It is also found that the development considerations as referenced in
Finding No, 16 are reasonable to require and must be taken into account, in order to
assure the proposed development is designed, constructed, operated and maintained
in a rnanner which is harmonious and appropriate in appearance with the existing. or
intended character of the general vicinity, in order to assure that the proposed use
will not change the essential character of the affected vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed developrnent on
potential to produce excessive traffic, noise, srnoke, fumes, glare and odors.
19.
It is found that the zoning of the subject real property as Low Density
Residential District (R-4) requires connection to the Municipal Water and Sewer
systems and will be compatible with the Applicant's development intentions, and will
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON
(AZ-OO-O12)
assure that the zoning is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as MixedIPlanned
Use Development.
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 Cornprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
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.
20.2 This proposed new growth 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 The application is consistent with Meridian's self identity.
20.4 The preservation and improvement of the character and quality of
Meridian's rnan-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.
20.5 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
bålanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON
(AZ-00-012)
clearly identifiable.
20.6 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Cornprehensive
plan and the Zoning ordinances of the City to the subject application.
21.
The property can be physically serviced with City water and sewer, since
the applicant has extended the lines.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may
annex real property that is within the Meridian Urban Service Planning Area as set
forth in the City's Comprehensive Plan.
2.
The Council may talœ judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted
Decernber 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPliCATION
FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON
(AZ-00-012)
4.A
The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
To preserve Meridian's environmental quality and to malœ
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with 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 new housing units within the Urban Service Planning
Area.
To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvernents,
services and its open space character.
To provide housing opportunities for all economic groups
within the community.
To preserve and improve the character and quality of
Meridian's man-made environment while 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 insme that these facilities are
available to all residents of the City.
To provide community services to fit existing and projected
needs.
To establish cornpatible and efficient use of land through
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OPAL FARRlNGTON
(AZ-OO-OI2)
the use of innovative and functional site design.
4.9
To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Axea which is visually
attractive, efficiently managed and clearly identifiable.
4.B
Comprehensive Plan Policies:
The subject property is designated as Mixed/Planned Use Development in the
Comprehensive Plan Land Use Map. This designation allows all zones except
single family zoning (R-4 and R-8). However, the Economic Development
Chapter (pg. 17) does state that, "Mixed use is a planning category which
refers to the coordinated developrnent of several rnajor uses as part of a single
project, such as specialty retai1lcommercial, variable densi1;y residential,
offices. .." Given the adjacent development and the fact that Danbury Fair
Subdivision and Maws Subdivision were zoned R-8 (even though they also fell
under the M/PUD designation in the Comprehensive Plan), the R-4 meets the
intent of this "variable density" language.
Infùl Priorities: Policy 1.3, pg. 10, of the Population Growth Chapter states,
"Unirnproved or unrealized land within the Meridian city liIIÚts and Urban
Service Planning Axea should be utilized in order to maxiIIÚze public
investments, curtail urban sprawl and protect existing agricultural lands fÌom
unnecessary infringement." Also, policy 1.12, pg. 68, of the Housing Chapter
states, "Land development regulations should be revised to encourage the
infilling of existing vacant parcels within the city liIIÚts."
Goals Section
Goal 4: To provide housing opportunities for all economic groups within the
communitY:
Land Use Chapter
lAU - Encourage new development which reinforces the City's present developrnent
pattern of higher-density development within the Old Town area and lower-density
development in outlying areas.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page IO
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON
(AZ-OO-OI2)
2.1 U - Support a variety of residential categories for the purpose of providing the City
with a range of affordable housing opportunities.
2.2U - Support strategies for the development of neighborhood parks within all
residential areas.
2.3U - Protect and maintain residential neighborhood property values, improve each
neighborhood's physical condition and enhance its quality of life for residents.
5. I 7U - A variety of coordinated, planned and compatible land uses are desirable for
this area (Locust Grove Road and Fairview Avenue area), including low-to-high
density residential, office, light industrial and commercial land uses.
Transportation Chapter
1.20U - Encourage proper design of residential neighborhoods to ensure their safety
and tranquility.
Housing Chapter
1.1 - The City of Meridian intends to provide for a wide diversity of housing types. . .
in a variety of locations suitable for residential development.
1.4 - The developrnent of housing for all income groups close to ernployment and
shopping centers should be encouraged.
1.6 - Housing proposals shall be phased with transportation, open space and public
service and facility plans, which will maximize benefits to the residents, minimize
conflicts and provide a tie-in between new residential areas and service needs.
CommuniJ;y Design Chapter
5.2 - Ensure that all new development enhances rather than detracts from the visual
quality of its surroundings, especially in areas of prominent visibility.
6.5U - Establish land-use designations that reflect the character of existing
neighborhoods.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON
(AZ-OO-O12)
6.11 U - Promote well-planned and well-designed affordable housing in all Meridian
neighborhoods.
5.
The zoning of Low Density Residential District (R-4) is defined in the
Zoning Ordinance at § 11-7-2 C. as follows:
lR4) Low Density Residential District: Only single-farnily dwellings 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 low density single-family dwellings, and to
delineate those areas where predominantly residential development has, or is
likely to occur in accord with the Comprehensive Plan of the City, and to
protect the integrity of residential areas by prohibiting the intrusion of
incompatible nonresidential uses. The R-4 District allows for a maximum of
four (4) dwelling units per acres and requires connection to the Municipal
water and sewer systems of the City.
6.
By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a planned
commercial development on this parcel of land.
7.
Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8.
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 I2-
2-4 which p:ertains to development time schedules and requirernents; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON
(AZ-OO-OI2)
9.
The developrnent of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
10.
Section 1 I - I 6-4 A of the Zoning and Development Ordinance provides
in part as follows:
If property is annexed and zoned, the City rnay require or pennit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
commitrnent is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall talœ effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel. Unless the commitment is modified or tenninated by the City Council,
the commitment shall be binding on the owner of the parcel, each subsequent
owner, and each other person acquiring an interest in the property. A
commitment is binding on the owner of the property even if it is unrecorded;
however, an unrecorded comrnitment is binding on subsequent owners and
each other person acquiring an interest in the property only if the subsequent
owner and each other person acquiring an interest in the property has actual
notice of the commitment.
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 4.7
acres to Low Density Residential District (R-4) is granted subject to the terms and
conditions Of this Order as follows:
Adopt the Recomrnendations of the Planning and Zoning Commission as
follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON
(AZ-OO-OI2)
1.4
1.5
1.6
1.7
1.8
1.9
1.1
The ACHD requires dedication right-of-way on E. Pine Street and N.
Adkins Lane and to pave the new private driveway 30-feet into the site
off East Pine.
1.2
Any existing irrigation/drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance (No.12-4-13).
The ditches to be piped shall be shown on the site plans. Plans shall be
approved by the appropriate irrigation/drainage district, with written
confirmation of said approval submitted to the Public Works
Department.
1.3
Any existing domestic wells and/or septic systerns within this project
shall have to be removed from their domestic service per City Ordinance.
Wells may be used for non-domestic purposes such as landscape
irrigation.
Off-street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance.
Any future subdivision or lot splits within the boundaries of the subject
property shall require submittal of a plat application and all associated
improvements (sidewalks, streetlights, drainage, etc.) shall be required at
that time.
Applicant shall coordinate utility connections with Meridian Public
Works Department.
The Planning and Zoning Commission further recommends that the
irrigation ditch shall be tiled and maintained by any way necessary on
the property.
A Development Agreement shall be required for future platting, right-of-
way requirements, and any higher intensity zone that allows a greater
number of uses.
The existing irrigation ditch on the property must be maintained
including weed removal during the 2000 irrigation season. Further, the
ditch rnust be tiled before the beginning of the 2001 irrigation season.
In the event that the ditch is not tiled as required by the City Council,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON
(AZ-00-012)
after notice to the applicant, water service to the property may be
discontinued until such tirne as this condition is met.
2.
The application is for annexation and zoning of 4.7 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 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
District, and Meridian City Code § I I-7-2 C.
4.
Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided
in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation
and zoning ordinance.
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 is a person who
has an interest in real property which may be adversely affected by the issuance or
FINDINGS. OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY OPAL FARRINGTON
(AZ-OO-OI2)
deniál öfllie annexation and zoning and who may within twenty-eight {28) days after
the date of this decision and order seek a judicial review as provided by Chapter 52,
Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
of ~~/, ,2000.
ROLL CALL
/ S4 day
COUNCILMAN ANDERSON
VOTED aÞfbd-
cmmOLMAN BIRD
VOTED -$.A.--
. COUNOLMAN deWEERD
VOTED *1...--
COUNOLMAN McCANDLESS
VOTED*
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: $-!q-tN) . $)
MOTION: APPROVE .
VOTED-
. DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney. -
Dr. JI~~~ç
City Oerk .
Dated:
[f---15-tJ¿J