Sparrowhawk Subdivision Nos 1 & 2 MI 07-003
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 41
BOISE IDAHO 07/13/07 02:57 PM
DEPUTY Vicki Allen 1111111111111111111111111111111111111
RECORDE~-:REQUEST OF 107099629
City 01 Meridian
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ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Sparrowhawk, LLC, Owner/Developer
The following is an addendum to that certain DEVELOPMENT
AGREEMENT, entered into on the 13th day of November, 2001. This addendum is made
and entered into this ~ day of MA'j , 2007, by and between CITY OF
MERIDIAN, a municipal corporation of tHe State of Idaho, hereafter called "CITY', and
SPARROWHA WK, LLC, whose address is 80 W. Cottonwood Court, #150, Eagle, Idaho
83616, hereinafter called "OWNERlDEVELOPER".
OWNER / DEVELOPER agrees to be bound by the terms of the original
Development Agreement (instrument # 101135901), approved on 13th day of November,
2001 and recorded on December 24, 2001 on the land described in Exhibit "A", except as
specifically regarding Section 5 "DEVELOPMENT IN CONDITIONAL USE" and Section
6, "CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY".
1. The parties hereto agree that the development of the property described in Exhibit
"A" shall be in accordance with the terms of the above described Development
Agreement, exhibit "B", or those City ordinances in effect at that time any
subsequent conditional use application is filed, whichever are more restrictive.
2. That Section 5 "DEVELOPMENT IN CONDITIONAL USE" of the original
Development Agreement, Instrument # 101135901, approved on November 13,
2001, be deleted.
3. That Section 6, "CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY" of the original Development Agreement, Instrument # 1 0 113590 1,
approved on November 13,2001, be amended as follows:
6.1 "The development and use of each lot in this subdivision shall be
governed under the city's Unified Development Code. Exceptfor the storage
units on the north side of this property, all buildings shall be subject to
administrative design review approval as set forth in UDC 11-3A-19. "
6.2 "Prior to the issuance of the next building permit within the
Sparrow hawk development, the Applicant shall submit an engineering
design, obtain City approvalfor, and construct a drainage system to contain
drainage from the undeveloped portions of the project. "
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-003 - SPARROWHA WK SUBDIVISION NOS. 1 & 2)
PAGEIOF4
4. That "Owner/Developer" agrees to abide by all ordinances of the City of
Meridian and the "Property" shall be subject to de-annexation of the
"Owner/Developer", or their assigns, heirs, or successor shall not meet the
conditions of this addendum to the Development Agreement, and any new
Ordinances of the City of Meridian as herein provided.
5. This addendum shall be binding upon and insure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including
"City's" corporate authorities and their successors in office. This second
addendum shall be binding on the "Owner/Developer" of the "Property", each
subsequent owner and any other person( s) 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 hereon and any successor owner or owners shall be both benefited and
bound by the conditions and restrictions herein expressed. "City" agrees, upon
written request of "Owner/Developer", to execute appropriate and recordable
evidence of termination of this addendum if "City", in its sole and reasonable
discretion, had determined that "Owner/Developer" has fully performed its
obligations under this Addendum.
6. If any provision of this addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this addendum
and the invalidity thereof shall not affect any of the other provisions contained
herein.
7. This addendum sets forth all promises, inducements, agreements, condition, and
understandings between "Owner/Developer" and "City" relative to the subject
matter herein, and there are no promises, agreements, conditions or under-
standing, either oral or written, express or implied, between "Owner/ Developer"
and "City", other than as are stated herein. Except as herein otherwise provided,
no subsequent alteration, amendment, change or addition to this second
addendum 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".
a. Except as herein provided, no condition governing the uses and/or
conditions governing development of the subject "Property" herein
provided for can be modified or amended within 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 ofthe proposed amendment.
8. This addendum shall be effective as of the date herein above written.
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-003 - SPARROWHA WK SUBDIVISION NOS. 1 & 2)
PAGE20F4
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERlDEVELOPER:
SPARROWHAWK,LLC
BY:
CITY OF MERIDIAN
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ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-003 - SPARROWHA WK SUBDIVISION NOS. 1 & 2)
PAGE 3 OF 4
STATE OF IDAHO )
: ss:
County of Ada, )
On this jq'.y.Jay of-;:Nl.Q. ,2007, before me, the undersigned, a Notary Public
in and for said State, personally appeared David Waldron known or identified to me to be the
managing member of Sparrowhawk, LLC, who executed the instrument, and acknowledged
to me that he executed the same on behalf of such corporation.
IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
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STATE OF IDAHO )
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County of Ada ~
On tJUsi day of ~(. ,. July , 2007, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-003 - SP ARROWHA WK SUBDIVISION NOS. 1 & 2)
PAGE 4 OF 4
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EXHIBIT A
Lepl DeRcrlption Of PrQper1;y
A parcel of land located in the 81/2 of Section 8, T .3N.. R.1E..
B.M., Ada County, Idaho more particularly described as follows:
Commencing at the SW comer of said Section 8 from which the
81/4 corner of said Section 8 bears North 890$7'000 Bast. 2645.88
feet;
thence along the South boundary line of said Sedion 8 N orili
89D37'OO" East. 661.20 feet to the RBAL POINT OF BEGINNING;
thence leaving said South bound.a1yItne North OODOl'S3" Bast.
284.11 feet;
thence North 89D37'lS" East, 331.00 feet;
thence North 00001'53" Bast 198.00 feet to a point on the South
boundary line of Locust Grove Industrial Parle Subdivision as
Wed in Book 41 of Plats at Page 3391, records of Ada County.
Idaho;
thence along said South boundaty1lne North 89D37'IS" East.
1653.46 feet to the southeast comer of said Locust Gxove
industrial Park Subdivision;
thence along .the North..South centerline of said Section 8 South
00"00'17" West, 355.83 feet;
thence leaving said North-South centerline South 89D37'OO" West.
100.00 feet; .
thence South 00"00'17" West, 127.00 feet to a point on the SOllth
boundaI)' line of said Section B;
thence along said South boundary line South 89D3 7'00" West,
1884.69 feet to the Real Point of Beginning, conUining 20.20
acres, more or less.
RECORDEO. REOUES1 Of
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MERIDiAN CATr
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
3.
City of Meridian
"
D. Arlene Stutzman, Owner
Sitzlar Real Estate Development, LLC, Developer
THIS DEVELOPMENT AG~MENT (this "Agreement"), is
made and entered into this /2tj, day of ovem6i-v ,2001, by and
between CITY OF MERIDIAN, a municipal corporatiol) of the State of Idaho,
hereafter called "CITY", and D. ARLENE STUTZMAN~ hereinafter called
"OWNER", whose address is 1184 Cathy Lane, Meridian, Idaho 83642, and
SITZIAR REAL ESTATE DEVELOPMENT, LLC, hereinafter called
"DEVELOPERt>, whose address is 1245 W. Hempstead Dr., Eagle, Idaho
83616.
1. RECITALS:
1.1 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
., '~.'.'J j->;:nc.L
1.2 WHEREAS, I.e. !}67 -651IA. Idah~. Code, provides that
cities may, by ordinance, req}JiJ::e or pennit as a condition
of re-zoning that the uC)~erlll~r "Developer" make a
written commitment coWteiiG~g~the useYOr development of
the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-15-12 and 11-16-4 A,
which authorizes development agreements. upon the
annexation and/or Ie-zoning of land; and
1.4 WHEREAS, "Owner"I"Developer" has submitted an
application for annexation and zoning of the "Property"s
described in Exhibit A, and has requested a designation of
DEVELOPMENT AGREEMENT (AZ-OO.024) - 1
(C-G) General Retail and Service Commercial District,
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Owner"/"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 Conncll,
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 Conncll, the 2t;~ day of f:el:iJ7t~;j-,
go () ( ,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 "Owner" and
..Developer" enter into a development agreement before
the City Council takes final action on annexation and
zoning designation; and
1.9 '.OWNER" and IlDEVELOPER" 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
1.10 WHEREAS, "City" requires the "Owner" and "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
DEVELOPMENT AGREEMENT (AZ-OO-024) - 2
terms and conditions of this development agreement,
herein being established as a result of evidence received by
the "Oty" in the proceedings for annexation and zoning
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 21, 1993,
Ordinance #629, January 4,1994. and the Zoning and
Development Ordinances codified in Meridian City Code
Title 11 and Title 12.
NOW. TIIEREFORE. 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 I.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 Sitzlar Real Estate
Development. LLC, whose address is 1245 W. Hempstead
Dr., Eagle, Idaho 83616, the pa.rry developing said
"Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
3.3 ..OWNER": means and refers to D. Arlene Stutzman,
whose address is 1184 Cathy Lane. Meridian. Idaho
83642, the party owning said '.Property" described in
DEVELOPMENT AGREBtvlENT (AZ-OO.024) ~ J
Exhibit "A", and shall include any subsequent owner(s) of
said "Property".
3.4 '"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Meridian City Code Section 11-7-2 (K) which
are herein specified as follows:
(C-G) General Retail and Service Commercial District:
The purpose of the C-G District is to provide for
commercial uses which are customarily operated entirely or
almost entirely within a building; to provide for a review of
the impact of proposed commercial uses which are auto
and service oriented and are located in close proximity to
major highway or arterial streetSi to fulfill the need of
travel-related services as well as retail sales for the transient
and permanent motoring public. AU such districts shall be
connected to the Municipal water and sewer systems of the
City, and shall not constitute strip commercial
development and encourage clustering of commercial
development.
Construction and development of a 3.1ot commercial
subdivision.
4.2 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE:
"Owner"/"Deve1oper" is required to submit to "City" an application for
DEVELOPMENT AGREEMENT (AZ-OO.024) - 4
conditional use pennit, and shall b~ required to obtain the "City'lts approval
thereof, in accordance to the City's Zoning & Development Ordinance criteria,
therein, provided, prior to, and as a condition of, the commencement of
construCtion of any buildings or improvements on the "Property".
6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROP~RTY:
6.A .'Owner"/"Developer" shall develop the "Property" in
accordance with the following special conditions:
Adopt the Recommendations of the Planning and Zoning and
Engineering staff as follows:
6.1 The development and use of each lot in this subdivision
will occur only through the Conditional Use Permit
process.
6.2 Due to the single-family use abutting Lot 1, Block 1, a
minimum 2S.foot-wide planting strip, in accordance with
City Ordinance 12-13, is required along the property lines
abutting the residential lot and shall be a condition
attached to this property.
6.3 A minimum lO-foot-wide landscape street buffer, platted
as a separate conunon lot, shall be required beyond the
existing right-or-way line along the full North Nola Road
frontage.
6.4 A minimum 35-foot-wide landscape street buffer, platted
as a separate common lot, shall be required beyond the
future right-of-way line along the full Franklin Road
frontage.
6.5 A detached sidewalk with a minimum 5-foot-wide planter
strip between the curb and sidewalk shall be required along
the Franldin Road frontage.
DEVELOPMENT AGREEMENT (AZ-OO.024) - 5
6.6 All irrigation ditches, laterals or canals. ~clusive of natural
waterways, intersecting, crossing or lying adjacent and
contiguous to the parcel shall be tiled per City Ordinance
12.4-13 and plans shall be approved by the appropriate
irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the
Public Worl<s Department.
6.7 Any existing domestic wells and/or septic systems within
this project will have to be removed from their domestic
service per City Ordinance Section 9-1.4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape
irrigation. _
6.8 Two-hundred-fifty- and lOO.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.
6.9 Outside lighting shall be designed and placed so as not to
direct illumination on any nearby residential areas and in
accordance with City Ordinance Sections 11-13-4.C. and
12-5-2.M.
6,10 Off street parldng shall be provided in accordance with the
City of Meridian Ordinance 11-13 for use of property,
6.11 A drainage plan designed by a State of Idaho licensed
architect or engineer is required and shall be submitted to
the City Engineer (Ord. 557. 10.1-91) for all off~street
parking areas in the proposed future commercial lots. All
site drainage shall be contained and disposed of on.site,
6.12 All signage in the proposed future conunerciallots shall be
in accordance with the standards set forth in Section 11-14
(or subsequently adopted ordinance) of ~e City of
Meridian Zoning and Development Ordinance. No
DEVELOPMENT AGREEMENT (AZ.OO-024) - 6
temporary signage, flags, banners or flashing signs win be
permitted.
6.13 Provide five-foot~wide sidewalks in accordance with City
Ordinance Section 12-5-2.K.
6.14 All construction shall conform to the requirements of the
Americans with Disabilities Act.
6.15 The Applicant is aware that strip commercial development
is prohibited, and therefore, Applicant shall be required to
inform prospective buyers of the lots that clustered, off-set
setbacks and creative design shall be encouraged and
development representing any form of strip development is
not allowed.
Adopt the Recommendations of the Ada County Highway
District dated February 6, 2001, and upon the completion of
their review adopt any additional Recommendations in ACHD
action to follow on or about Febrnary 28,2001.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the conunitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Owner"/"Developer" or
"Owner"/"Developer"'s heirs, successors, assigns, to comply with Section 6
entitled "Conditions Governing Development of subject "Property" of this
agreement within two years of the date this Agreement is effective, and after
the "City" has complied with the notice and hearing procedures as outlined in
I.e. ~ 67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE~ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner"/"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:
.DEVELOPMENT AGREEMENT (AZ.OO.024) - 7
8.1 That the "City" provide written notice of any failure to
comply with this Agreement to "Owner"i'Developer" and
. if the flOwner"/"Developer" fails to cure such failure within
six (6) months-of such notice.
9. INSPECTION: uOwner"/"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.
10. DEFAULT:
10.1 In the event "Owner"/"Deve1oper", "Owner"I"Deve1oper"'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
tenninated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
. 10.2 A waiver by "City" of any default by "Owner"/"Developer"
of anyone or more of the covenants or conditions hereof
shall apply solely to the breach and breaches waived and
shall not bar any other rights or remedies of "City" or
apply to any subsequent breach of any such or other
covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement. including all of the
Exhibits, at "Owner"/"Developer"'s cost, and submit proof of such recording to
"Owner"/"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
DEVELOPMENT AGREEMENT (AZ-OO.024) . S
the "Property" contemplated hereby, the "'City" shall execute and record an
appropriate instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the dilly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "'Owner"/"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.
13.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Owner"i'Developer" shall
have thirty (30) days after delivery of notice of said breach
to correct 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 (3D) 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 time allowed to cure such failure may be extended
for such period as may be necessary to complete the curing
of the same with dillgence and continuity.
13.2 In the event the performance of any covenant to be
performed hereunder by either "Owner" /"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.
DEVELOPMENT AGREEMENT (AZ-OO-024) - 9
14. SURETY OF PERFORMANCE: The '.City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code ~12-5-3, to insure that
installation of the improvements, which the "Owner"tDeve1oper" agrees to
provide, ifrequired by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owne(rDeveloper"
agrees that no Certificates of Occupancy will be issued until all improvements
are completed, unless the "City" and "Owner"rDeveloper" have entered into
an addendum agreement stating when the improvements will be completed in
a phased developed; and in any event, no Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That
"Owner"/"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.
17. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States 1v1aU, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
DEVELOPER:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, 10 83642
Sitzlar Real Estate Development, LLC
1245 W. Hempstead Dr.
Eagle, Idaho 83616
with copy to:
OWNER;
City Qerk
City of Meridian
33 E. Idaho Ave.
D. Arlene Stutzman
1184 Cathy Lane
Meridian, Idaho 83642
DEVELOPMENT AGREEMENT (AZ-OO-024) - 10
Meridian, 1D 83642
17.1 A party shall have the right to change its address' by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
18. ATTORNEY FEES: Should any litigation be conunenced
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 detennined by a Court. of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and thei.c 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 "Owner"f'Developer", to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable
discretion, had determined that "Owner"/"Developer" has fully performed its
obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
DEVELOPMENT AGREEMENT (AZ-OO.024) - 11
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained. herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between
"Owner"f"Developer" and "City" relative to the subject matter hereof, and
there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between "Owner"rDeveloper" 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 "eityll.
22.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the ""City" has
conducted public 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.
23. . 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 (AZ-(}O..024) - 12
ACKNOWLEDGMENTS
IN WI1NESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
SITZLAR REAL ESTATE
DEVELOPMENT, LtC .
Ba#t(~- /J1~
Ron Sitzlar, er
BY: ~ ~.eJ---
Kelly ulfer, M mber
CITY OF MERIDIAN
DBVELOPMENT AGREEMENT (AZ-OO~024) - 13
STATE OF IDAHO)
COUNTY OF ADA}
:ss
f nouell1 ~c.'- ,in the year 2001, before
me, a Notaxy Public, personally
appeared Ron Si , kn or identified to me to be an authorized member of
Sitzlar Real Estate Development, LLC, to act on behalf of the limited liability
eo~~y, the person who executed the instrument, and acknowledged to me that
,,"'/ s~~{~~),'4eXecuted the same on behalf of Sitzlar Real Estate Development, LLC.
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'i'STAT OF IDAHO)
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Notary bUc for Idaho
Commission expires: 3 -;! 3 - .;Lao 2..
:ss
COUNTY OF ADA)
I in the year 2001, before
me, a Notary Public, personally
appeared 1 lly Fulfer, known or identified to me to be an authorized member of
Sitzlar Real Estate Development, LLC, to act on behalf of the limited liability
company, the person who executed the instrument, and acknowledged to me that
she(he} .executed the same on behalf of Sitzlar Real Estate Development, LLC.
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Commission expires: 8~d 3-..2.,0:1
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DEVELOPMENT AGREEMENT (AUKI-024) - 14
STATE OF IDAHO )
:ss
County of Ada
On this
)
.20+ I- day of
fl,)du t 1Il61Jt'
, in the year 2001,
(SEAL)
Public for Idaho
ission expires: <fjIl.O/07
Z:\Work\M\Mcrldian\Meridlan lS360M\Sparrowhawk\DcvclopAgr.wpd
DEVELOPMENT AGREEMENT (AZ-Oo.024) - 15
EXHIBIT A
Leg~ Descrlption Of PropertY
A parcel of land located in the 81/2 of Section B, T .3N" R.I 'E.,
B.M., Ada County, Idaho more particularly described as follows:
Commencing at the SW comer of said Section 8 from which the
SI/4 corner of said Section 8 bears North 89OS7'OO" East, 2645.88
feet;
thence along the South boundary line of said Section 8 N otth
89"37'00" East. 661.20 feet to the REAL POINT OF BEGINNING;
thence leaving said South boundary line North 00"0 I '53" East.
284.11 feet;
thence North 89037'18" East, 331.00 feet;
thence North 00"01'53" East 198.00 feet t.o a point on the South
boundary line of Locust Grove Industrial Park Subdivision as
filed in Book 41 of Plats at Page 3391, records of Ada County,
Idaho;
thence along said South boundalY line North 89"37'18" East,
1653.46 feet to the southeast comer of said Locust Grove
Industrial Park Subdivision;
thence along ,the North-South centerline of said Section 8 South
00"00117" West, 355.83 feet;
thence lea.ving said North-South centerline South 89037'00" West,
100.00 feet; .
thence South 00"00'17\1 West, 127.00 feet to a point on the South
boundary line of said Section 8;
thence along said South boundary line South 89"37'00" West,
1884.69 feet to the Real Point of Beginning, containing 20.20
acres, more or less.
DEVELOPMENT AGREEMENT (AZ-Oo-024) . 16
EXlllBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-00-024) . 17
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATI'ER OF THE )
APPUCATION OF SlTZLAR )
REAL ESTATE DEVELOPMENT, )
UC, THE APPLICATION FOR )
ANNEXATION.AND ZONING )
OF 20.20 ACRES FOR A )
DEVELOPMENT OF A 3.LOT )
COMMERCIAL SUBDMSION )
TO BE KNOWN AS )
SPARROWHAWK )
SUBDIVISION, WCATED AT )
. THE NORTHBAST CORNER OF )
NOLA ROAD AND FRANla..IN )
ROAD. MERIDIAN, IDAHO )
)
OC 02.06-01
Case No. AZ-OO..024
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING .APPLICATION
FOaANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on for
public hearing on February 6,2001. at the hour of 6:30 p.m.. and Shari Stiles,
Planning and Zoning Administrator, appeared and teStifIed. and appearing on behalf
of the Applicant was Shawn Nickel, and appearing and testifying with comments
and/or concerns was John Anderson, and the City Counell having duly considered the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND OlIDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE
DEVELOPMENT LLC / SPARROWHAWK SUB. I (AZ-OO-024)
evidence and the record in this matter therefore makes the following Findings of Fact
and Conclusions of Law. and Decision and Order:
FINDINGS OF FACf
1. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public heating
scheduled for ~ebruaIY 6. 200 I. before the City Council. the first publication
appearing and written notice having been mailed to prope~y owners or purchasers of
record within duee hundred feet (SOD') of the external boundaries of the property
under consideration more than fifteen (15) days prior to said hearing and with the
notice of public hearing having been posted upon the property under consideration
more than one week before said hearing; and that copies of all notices were made
available to newspaper, radio and television stations as public service announcements;
and the matter having been duly considered by the City Council at the February 6,
200 I, public hearing; and the applicant, affected property owners. and government
subdivisions providi.ng services within the planning jurisdiction of the City of
Meridian, having been given full opponunity to express comments apd submit
evidence.
2. There has been compliance with aU notice and hearing requirements set
forth in Idaho Code ~~ 67.6509 and 67.6511, and Meridian City Code U 11-15-5
and IlM16-1.
FINDINGS OF FACf AND CONCLUSIONS OF LAW . Page 2
AND'DECISION AND ORDER GRANTING APPLICATION
fOR ANNEXATION AND ZONINGlRY SITZLARREAL ESTATE
DEVELOPME~ LLC I SPARRO~WK SW.t {AZ-OO.024}
3. The City Council takes judicial notice of its zoning. subdivisions and
development ordinances codified at Titles 11 and 12, Meridian City Code, 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 BoundaIy.
4. The property which is the subject of the application for annexation and
zoning i5 described in the a.pplication, and by this reference is incorporated herein as
if set forth in full.
5. The property is approximately 20.20 acres in size and is located at the
northeast comer of Nola Road and Franklin Road. The property is designated as
Spmowhawl, Subdivision.
6. The owner of record of the subject property is D. Arlene Stutzman, of
Meridian. Idaho.
7. Applicant is Sitzlar Real Estate Development Ltc., of Eagle, Idaho.
8. The property is presently zoned by Ada County as RT. and consists of
residential and open ground.
9. The Applicant requests the property be zoned as C-G.
10. The subject propmy is bordered to the north. by Locust Grove
Industrial Park, by Greenhill Estates Subdivision in Ada County to the south, a
Meridian school site to the east, a single family residence to the northwest. and city
FINDINGS OF FACT AND CONCLUSIONS OF lAW - Page 3
AND DECISION AND ORDER GRANTING APPliCATION
FOR ANNEXATION AND ZONING/BY SITZLAR. REAL ESTATE
DEVELOPMENT LLC I SPARROWHA WI< SUB. / (AZ-OQ..Q24)
12. The entire parcel is included within the Meridian Urban Service
Planning Area.
13. The Applicant proposes to develop the subject property in the following
manner. develop a 3~lot commercial subdivision.
14. The Applicant requests zoning of the subject real property as C-G which
is consistent with the Meridian Comprehensive Plan Generalized land Use Map
which designates the subject property as MixedIPlanned Use Development.
15. There are no significant or scenic features of major importance that
affect the consideration of this application.
16. The City Council appreciates and recognizes the concerns of Milo O.
Elston who submitted a letter on January 3,2001.
17. 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:
FINDINGS OF FACf AND CONCLUSIONS OF lAW ~ Page 4
AND DECISION AND ORDER GRANTING APPUCAnON
FOR ANNEXATION AND ZONING'BY SITZLAR REAL ESTATE
DEVELOPMENT u.c I SPARROWHAWI< SUB./ (AZ.QQ.024)
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
17.1 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
17.2 A condition of the Development Agreement shall be that development
and use of each lot in this subdivision will occur only through the
Conditional Use Permit process. .
17.3 Due to the single"family use abutting Lot 1, Blod<.l, a minimum 25.
foot8wide planting strip. in accordance with City Ordinance 12M13, is
required along the property lines abutting the residential lot and shall be
a condition attached to this property in the Development Agreement.
17.4 A minimum 1 O~foot.wide landscape street buffer. platted as a separate
common lot. shall be required beyond the existing right.Of8way line
along the full North Nola Road frontage.
17.5 A minimum 358foot~wide landscape street buffer. platted as a separate
common lot, shall be required beyond the future right..of-way line along
the full Franklin Road frontage.
17.6 A detached sidewalk with a minimum 5.foot..wide planter strip between
the curb and sidewalk. shall be required along the Franldin Road
frontage.
17.7 All irrigation ditches, laterals or canals, exclusive of natural waterways.
intersecting. crossing or lying a.djaeent and contiguous to the parcel shall
be tUed per City Ordinance 12.4-13 and plans shall be approved by the
approprlate irrigation/drainage district, or lateral users association, with
written confIrmation of said approval submitted to the Public Works
Department.
17.8 Any existing domestic wells and/or septic systems within this project will
have to be xemoved from their domestic service per City Ordinance
Section 9.1-4 and 9-4.8. Wells may be used for non~domestic purposes
such as landscape irrigation.
FINDINGS OF FACT AND CONCLUSION:S OF LAW -
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONlNGlBY SITZLAR REAL BSTATE
DEVELOPMENT LLC I SPARROWHA WI{ SUB./ (AZ.oQ.024)
Page 5
17.9 lWo-hundrec.Mlfty- and IOO-watt. high-pressure sodium streetlights will
be required at locatiol1$ 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.
17.10 Outside lighting shall be designed and pla<<d so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Sections 11-13.4.C. and 12-5.2.M.
17.11 Off street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
17.12 A drainage plan designed by a State of Idaho Ucensed a.rchitect or
engineer is required and shall be submitted to the City Engineer
(Ord.557. 10.1-91) for all off-street parking areas in the proposed
future commerdallots. All site drainage shall be contained and disposed
of on-site.
17.13 All signage in the p!oposed future commerdallots shall be in accordance
with the standards set forth in Section 11-14 (or subsequently adopted
ordinance) of the City of Meridian Zotling and Development
Ordinance. No temporary signage, flags. banners or Bashing signs will
be permitted. ,
17.14 Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12.5-2.K
17.15 All construction shall confonn to the requirements' of the Americans
with Disabilities Act.
17.16 The Applicant is aware that strip conunercial development is prohibited,
and therefore, Applicant shall be required to inform prospective buyers
of the lots that clustered, off-set setbacks and creative design shall be
encouraged and development representing any fonn of suip
development is not allowed.
Adopt the Recommendations of the Ada County Highway District dated
February 6, 2001, and upon the completion of their review adopt any
additional Recommendations in ACHD action to follow on or about February
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPIJCATION
FOR ANNEXATION AND ZONINGlBY SITZLAR REAL ESTATE
DEVELOPMENT LLC / SPARROWHAWl( SUB. / (AZ.oO.o24)
28. 200 1.
18. It is found that if the developer pays for the requested improvements
and complies with the conditions set fotth in these Findings of Fact No. 17, and all
sub.parts, the economic welfare of the City and its residents and tax and rate payers
will be protectf1d, which requirement shall be induded in a development agreement. a
condition of annexation and zoning designation.
18. It is also found that the development considerations as referenced in
Finding No. 17 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 manner which is hannonious and a.ppropriate 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 prop05ed development on
potential to produce excessive traffic, noise, smoke. fumes, glare and odors.
19. It is found that the zoning of the subject real property as General Retail
and Service Commercial District (C.G) requires connection to the Munidpal Water
and Sewer systems and will be compatible with the Applicant's development
intentions, and will assure that the zoning is consistent with the Meridian
Comprehensive Plan Generalized Land Use Map which designates the subject
FINDINGS OF FACT AND CONCLUSIONS OF LAW .
AND DECISION AND ORDER GRANTING APPUCATION
FORANNEXATION AND ZONING/BY SITZlAR REAL ESTATE
DEVELOPMENT LtC I SPARROWHAWK SUB. I (A,Z.OO.024)
Page 7
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 Comprehensive 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 aiteria of the Comprehensive Plan
and the zoning ordinance of the Oty 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 Merldian.s self identity.
20.4 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 ordinance of the City to the subject
application.
20.5 Compliance with the requests of the political subdivisions providing
seJ;Vices, assures that community services are being provided for existing
~d projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for seIVices and that the Urban
Service Planning Area is visually atuactive, emciently managed and
clearly identifiable.
20.6 Compatible and efficient use of land through innovative and functional
si~e design is achieved by applying the aiteria of-the Comprehensive
FINDINGS OF FAcr AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONlNG/BY SITZLAR REAL ESTATE.
DEVBLOPMENT.LLC I SPARROWHA.WK SUB.; (AZ-OO-024)
Page 8
Plan and the zoning ordinance of the Oty to the subj ect application.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written
request for annexation and the real propeny 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 f 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 take 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 Ar.t of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive PLm, City of Meridian, adopted
December 21, 1993. Old. No. 629, Januazy 4. 1994.'
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and ace applicable to this Application:
4.A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1 To preserve Meridian's envirOrunenw quality and to make
provisions for and improve the total natural environment
by adopting City-wide and. Urban Service Planning Area
policies, which deal with area-speclfic policies and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - , Page 9
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONINGlBY SITZLAR RE.AL ESTATE
DEVELOPMENT LLC/ SPARROWHAWK SUB. I (AZ-OO-024)
programs.
4.2 To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedW'eS governing the use of land. residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
4.3 To encourage the kind of economic growth and
development which supplies employment and economic
self.sufficiency for existing and future residents. reduces
the present reliance on Boise and strengthens the City's
abiHty to finance and implement public improvements.
services and its open space character.
4.4 To provide housing opportunities for all economic groups
within the community.
4.5 To preserve and improve the character and quality of
Meridian's man.made envirorunent while mainurlning its
identity as a self-sufficient community.,
4.6 To encourage cultuml, educational and recreational
facilities which will fill the needs and preferences of the
dtlzens of Meridian and to insure that these facUities are
available to all residents of the City.
4.7 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
revenues pay for services.
4.10 To create an Urban Service Planning Juea which is visually
attractive, efficiently managed and clearly identifiable.
FINDINGS OF FAc:r AND CONCLUSIONS OF lAW -
AND DECISION AND ORDER GRANTING APPUCATION
FORANNEXATION AND ZONIN"G/BY SlTZLAR REAL ESTATE
DEVELOPMENT LLC I SPARROWHAWK SUB. I (AZ.OO':024)
Page 10
4.B The Goals and Polices of the Comprehensive Plan that most
directly apply to the proposed project are as follows:
Goal 3 is "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 Oty's ability to finance and
'implement public improvements. services, and its open space
character."
Goal 8 is "to establish compatible and efficient use of land
through the use of innovative and functional site design."
Goal 9 is "to encourage a balance of land use patterns to insure
that revenues pa.y for services,"
Economic Development
1.1 The Oty of Meridian shall make every effort to create a
positive atmosphere that encourages. . . couunercial enterprises to
locate in Meridian.
1.3 The character, site improvements and type of new
conunercial or industrial developments should be harmonized
with the natural environment and respect the unique needs and
features of each area.
,1.5 Strip industrial and commercial uses are not in compliance
with the Comprehensive Plan.
Land Use
1.10U
Promote the design of attraCtive toadway entryway
areas into Meridian which will clearly i.dentify the
community.
3.1
Industrlal uses which require the storage or the
production of explosive or hazardous materials
should not be located near residential areas, and
'FINDINGS OF PACf AND CONCLUSIONS OF lAW -
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONINGlBY smLAR REAL ESTATE
DEVELOPMENT LLC I SPARROWHAWK SUB.! (AZ-OO.024)
Page 11
should conform to disposal, spill and storage
measures as outlined by the U.S. BPA
4.3U Encourage new commercial development in under.
utilized existing commercial areas.
5.9 The integrity and identity of any adjoining
residential neighborhood should be preserved
tluough the use of buffering teclutiques, including
screen plantings. open space and other landscaping
techniques.
5.12 Strip development within this mixed-use area is not
in compliance with the goals and policies of the
Comprehensive Plan.
5.13 Clustering of uses and controlled access points along
anerials and collector streets will be required.
5.14 Because these areas are near 1.84 and Franklin
Roads. high.quality visual appearance is essential. All
development proposals in this area will be subject to
development review guidelines and conditional use
permitting procedures.
Natural Resource &. Hazardous Areas
2.1 U Development along major drainage ways will be
restricted to ensure that development does not cause
additional gro\U\d or surface water contamination.
3.1 U Manage and prevent unsuitable uses along
dtainageways and protect the flood plain of creeks
and chains.
3.2U Protect the potential beauty and recreational trail
opportunities of all Meridian waterways.
FINDINGS OF FACf AND CONCLUSIONS OF LAW wnAND DECISION AND ORDER GRANTING APPliCATION
FORANNBXATION AND ZONINGlBY SmLARREALBSTATE
DBVELOPMBNT LLC I SPARROWHAWK SUB.! (AZaOO.024)
Page 12
Community Design
1.3 Open space areas within all development should be
encouraged.
1.4 Major entnmces to the City should be enhanced and
emphasized. Unattractive land uses along these
entrances should be screened horn view.
2.1U
Require businesses and govenunent to install and
maintain landscaping.
.'
2.3D Encourage the beautification of streets, parking lots.
. .etc.
5. The zoning of General Retail and Service Cormnercial District (C-G) is
defmed in the Zoning Ordinance at 6 11.7-2 K as follows:
lC-G) General J!e,taill1ld Service Commercial District: The purpose of the
CG District is to provide for commercial uses which are customarily operated
entirely or almost entirely within a buildingi to provide for a review of the
impact of proposed commercial uses which are auto and service oriented and
are located in close proximity to major highway or arterial streetsi to fulfill the
need of travel-related seIVices as well as 'retail sales for the uansient and
permanent motoring public. All such districts shall be connected to the
Municipal water and sewer systems of the Qty, and shall not constitute strip
commercial development and encourage clustering of commercial development.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit i~ required for Applicant to construct and develop a 3-10t
commercial subdivision.
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 Bun vs. The
FINDINGS OF FAcr AND CONCLUSIONS OF LAW -
. AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONINGlBY SITZLAR REAL ESTATE
DEVELOPMENT u.c! SPARROWHAWK SUB.! (.AZ.QO.024)
Page 13
City of Idaho Falls, 105 ldaho 65, 665 P2d 1075 (l983).
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 12.
2~4 which pertains to development time schedules and requitemfnts; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressuriz.ed inigation systems.
9. The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinances of the City of Meridian.
10. Section 11.l&-4 A 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 written
commitment concerning the Wie or development of the subjec.t property. If a
commitment is required or pennitted, 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 propeny, or prior if agreed to by the owner of the
parcel. Unless the commitment is modified or terminated 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
conunitment is binding on the owner of the property even if it is unrecorded;
however~' an WlIeoorded commitment is binding on subsequent owneIS 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.
DBCISION AND ORDER
NOW, THEREFORE. BASED UPON THB ABOVE AND FOREGOING
FINDINGS OF FAct AND CONCLUSIONS OF LAW. the City Councll does
hereby Order ~d this dQC5 Order:
FINDINGS OF FACT AND CONCLUSIONS OF lAW -
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONINGlBY SITZLAR RBAL ESTATE
DBVELOPMENT LLC I SPARROWHAWK SUB. I (.AZ~OO-024)
Page 14
...
1. The applicant's request for annexation and zoning of approximately
20.20 acres to General Retail 'and Service Conunercial District (C-G) for the
development of a 3.lot commercial subdivision is granted subject to the terms and
conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 20.20 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.
ISS. The legal description for annexation must place this parcel contiguous to the
Corporate Oty I.inUts per Ordinance No. 686.
3. Developer enter into a Development.Agreement that provides in the
event the conditions therein are not met by the Developer that the property shall be
. .
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development. to-wit:
Adopt the Recommendations or the Planning and Zoning and Engineering staff
as follows:
3.1 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
3.2 A condition of the Development Agreement shall be that development
and use of each lot in this rnhdMslon will occur only through the
Conditional Use Pennit pro~ess.
3.3 Due to the singie.family use abutting Lot 1. Block. 1, a minimum 25-
foot-wide planting strip. in accordance with City Ordinance 12-13, is
required along the property lines abutting the residential lot and shall be
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
:rOR ANNEXATION AND ZONINGlBY SITZLAR REAL ESTATE
DEVELOPMENT LLC I SPARROWHAWK SUB. I (AZ-OO-024)
Page 15
a condition attad1ed to this property in the Development Agreement.
3.4 A minimum 1O.foot-wide landscape street buffer, platted as a separate
common lot, shall be required beyond the existing right-of-way line along
the full North Nola Road frontage.
3.5 A minimwn 3S.foot.wide landscape street buffer, platted as a separate
common lotI shall be required beyond the future right.of.way line along
the full Franklin ~ad frontage.
3.6 A detached sidewalk with a minimum 5.foot-wide planter strip between
the curb and sidewalk shall 'be required along the Franklin Road
frontage.
3.7 All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting. crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13 and plans shall be approved by the
appropriate irrigation/drainage district., or lateral users association. with
written confirmation of said a.pproval submitted to the Public Works
Deparunent. '
3.8 Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic pUIposes
such as landscape irrigation.
3.9 Two-hundled-fifty- and lOo.watt, high-pressure sodiwn streetlights will
be required at locations designated by the Public Work;; Departmen~. All
streetlights shall be installed at subdivider's expense. Typicallocations
arc: at street intersections and/or fire hydrants.
3.10 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with City
Ordinance Sections 11-13-4.C. and 12-S.2.M.
3.11 Off street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
3.12 A drainage plan designed by a State of Idaho licensed architect or
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE
DBVELOPMENT u..CI SPARROWHAWKSUB./ (AZ.QO-O,24)
Page 16
engineer is required and shall be submitted to the City Engineer
(Ord.557, 10-1-91) for all off-street parking areas in the proposed future
commercial lots. All site drainage shalL be contained and disposed of on-
d~ .
3.13 All signage in the proposed future commercial lots 5hall be in accordance
with the standards set forth in Section 11-14 (or subsequently adopted
ordinance) of the City of Meridian Zoning and Development Ordinance.
No temporary signa.ge. flags, barmers or flashing signs will be permitted.
3.14 Provide five-foot-wide sidewalks in accordance with Qty Ordinance
Section 12-5-2.1<.
3.15 All construction shall confonn to the requirements ,of the Amerians
with Disabilities Act.
3.16 The Applicant is aware that strip (;ommercial development is prohibited,
and therefore, Applicant shall be required to inform prospective buyers
of the lots that clustered. off-set setbacks and creative design shall be
encouraged and development representing any form of strip development
is not allovved.
Adopt the Recommendations of the Ada County Highway District dated
February 6, 2001. and upon the completion of their review adopt any
additional Recommendations in ACHD action to follow on or about Februuy
28, 2001.
4. The City Attorney shall prepare for considera.tio:n by the City C01.Ulcil
the appropria~ ordinance for the annexation and zoning designation of the real
property which is the subject of the: application to (C-G) General Retail and Service
'Commercial District, and Meridian City Code i 11-7-2 K.
5. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW _ .
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE
DEVEWPMENT LLC I SPARROWHAWK SUB.! (AL-OO-024)
Page 17
appropriate mapping ch~ges of the .official boundaries ana zoning maps as provided
in Meridian City Code 5 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 i 67-6521 an affected person is a person who
has an interest in real property which may be adverseiy affected by the issuance or
denial of the annexation and zoIling and who may within twenty-eight (28) days after
the date of this decision and order seek a judicial review as pxovided by Chapter 52,
Title 67. Idaho Code.
By action of the City Council at its regular meeting held on the 20 t.b day
of Fe6h<.ar!-
ROLL CALL
COUNCILMAN RON ANDERSON VOTED-$.a-
> 200 1.
COUNCILMAN KEITH BIRD VOTED~
COUNCILWOMAN TAMMY deWEERD VOTFJ)~
COUNCILWOMAN CHERIE McCANDLESS VOTED$-
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGlBY SITZLAR REAL ESTATE
DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ-OO~024)
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 2--z..t:;-Of
MOTION: ~
APPROVED. -- DISAPPROVED:
-
._~.-
VOTED -
Copy selVed upon Applicant. the Planning and Zoning Department, Public Works
Department and the City Attorney.
Br.k~~a.
City Oerk . ,
Dated: ~ -2p-t?/
lllIIw'Z:\Work\M\Mcridila\Meridian 15360MISpalm\llb.awk\AZFK:bOrdcl'.do~
FINDINGS OF FACf AND CONCLUSIONS OF LAW.
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGfBY SITZlAR REAL ESTATE
DBVEWPMENT LLC / SPARROWHAWK SUB. I (AZ..oO.024)
Page 19