Woodhaven Subdivision AZ 99-021DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
D.W., Inc., Developer/Owner
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered
into
this
day of t/~'tg~ ,2000, by and between CITY OF
MERIDIAN, a municipal corporation of~he State of Idaho, hereafter called "CITY", and
D.W., INC., hereinafter called "DEVELOPER"/"OWNER", whose address is 13141 W.
Bluebonnet Court, Boise, Idaho 83713.
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
1.2
WHEREAS, I.C. §67-651 lA, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the owner or "Developer" make a written commitment
concerning the use or development of the subject "Property"; and
1.3
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11 - 15-12 and 11 - 16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4
WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property"s described in Exhibit A,
and has requested a designation of Medium Density Residential
District R-8, (Meridian City Code); and
1.5
WHEREAS, "Developer" made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject
"Property" will be developed and what improvements will be
made; and
1.6
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
DEVELOPMENT AGREEMENT (AZ-99-021) - 1
before the Planning & Zoning Commission, and subsequently
before the City Cotmcil, include responses of government
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and
comment; and
1.7
WHEREAS, City Council, the~'"[~ day of ~c~', 2000, has
approved certain Findings of Fact and Conclu'si[ns of Law and
Decision and Order, set forth in Exhibit B, which are attached
hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as (the "Findings"); and
1.8
WHEREAS, the "Findings" require the "Developer"/Owner" to
enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
1.9
"DEVELOPER" deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily and at its urging and requests; and
1.10
WHEREAS, "City" requires the "Developer"/"Owner" to enter
into a development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is
in accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence
received by the "City" in the proceedings for annexation and
zoning designation from government subdivisions providing
services within the 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, 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.
DEVELOPMENT AGREEMENT (AZ-99-021) - 2
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
3.2
3.3
"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.
"DEVELOPER"/"OWNER": means and refers to D.W., Inc.,
whose address is 13141 W. Bluebonnet Court, Boise, Idaho 83713,
the owner of the property and 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 of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit "A", attached hereto and by this reference
incorporated herein as if set forth at length.
USES
4.1
PERMITTED BY THIS AGREEMENT:
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 D which are herein specified as follows:
R-8 Medium Density Residential District: The purpose of the R-
8 District is to permit the establishment of single- and two-family
dwellings at a density not exceeding eight (8) dwelling units per
acre. This District delineates those areas where such development
has or is likely to occur in accord with the Comprehensive Plan of
the City and is also designed to permit the conversion of large
homes into two-family dwellings in well-established
neighborhoods of comparable land use. Connection to the
Municipal water and sewer systems of the City is required.
For the construction and development of a residential
subdivision.
DEVELOPMENT AGREEMENT (AZ-99-021) - 3
o
PROPERTY:
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
"Developer"/"Owner" shall develop the "Property" in accordance with the
following special conditions:
5.1
5.2
5.3
5.4
5.5
5.6
Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance. The
ditches to be piped should be shown on the site plans. Plans will
need to be approved by the appropriate irrigation/drainage district,
or lateral users association, with written confirmation of said
approval submitted to the Public Works Department. No variances
have been requested for tiling of any ditches crossing this project.
Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service per
City Ordinance. Wells may be used for non-domestic purposes
such as landscape irrigation.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance.
Subdivision identification signage shall be in accordance with the
standards set forth in the City of Meridian Zoning and
Development Ordinance. No temporary signage, flags, banners or
flashing signs will be permitted.
Provide five-foot-wide sidewalks in accordance with City
Ordinance.
A minimum 30-foot landscape buffer is required along the east
property boundary of site and shall be a condition attached to this
property.
DEVELOPMENT AGREEMENT (AZ-99-021) - 4
5.7
Applicant shall be required to dedicate all right-of-way along Eagle
Road as required by ACHD prior to the issuance of any building
permits.
5.8
Dedicate 48-feet of right-of-way from the centerline of Eagle Road
abutting the parcel by means of recordation of a final subdivision
plat or execution of a warranty deed prior to issuance of a building
permit (or other required permits), whichever occurs first. Allow
up to 30 business days to process the right-of-way dedication after
receipt of ail requested material. The owner will be compensated
for ail right-of-way dedicated as an addition to existing right-of-
way from available impact fee revenues in this benefit zone, if the
owner submits a letter of application to the impact fee
administrator prior to breaking ground, in accordance with Section
15 of ACHD Ordinance # 193.
5.9
Construct a 5-foot wide detached sidewalk on Eagle Road abutting
the entire site. The sidewalk should be located two feet within the
new right-of-way of Eagle Road. Coordinate the location and
elevation of the sidewalk with District staff shail be required.
5.10
Locate the Moon Dipper Street/Eagle Road intersection
approximately 100-feet south of the north property line, as
proposed.
5.11
Construct ail public roads within the subdivision as a 36-foot street
sections with curbs, gutters, and 5-foot wide concrete sidewalks
within 50-feet of right-of-way. Coordinate the transition of the
setback sidewalks to the north of the site with District staff.
5.12
Terminate the Moon Dipper Court and Hood Ranch Place with
standard 45-foot radii cul-de-sacs. Coordinate the design of the
cul-de-sacs with District staff.
5.13
Other than the access point specifically approved with this
application, direct lot or parcel access to Eagle Road is prohibited.
Lot access restrictions, as required with this application, shail be
stated on the final plat.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
DEVELOPMENT AGREEMENT (AZ-99-021) - 5
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 (2) years of the date this
Agreement is effective, and after the "City" has complied with the notice and hearing
procedures as outlined in I.C. § 67-6509, or any subsequent amendments or
recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer"/"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 comply
with this Agreement 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 comply with all of the terms and conditions included in
this Agreement in connection with the "Property", this Agreement
may be modified or terminated by the "City" upon compliance with
the requirements of the Zoning Ordinance.
9.2
A waiver by "City" of any default by "Developer"/"Owner" of any
one or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any
DEVELOPMENT AGREEMENT (AZ-99-021) - 6
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.
12. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Developer"/"Owner", or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be sought by
an appropriate action at law or in equity to secure the specific performance of the
covenants, agreements, conditions, and obligations contained herein.
12.1
In the event of a material breach of this Agreement, the parties
agree that "City" and "Developer"/"Owner" 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 (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 time allowed
to cure such failure may be extended for such period as may be
necessary to complete the curing of the same with diligence and
continuity.
12.2
In the event the performance of any covenant to be performed
hereunder by either "Developer"/"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 amount of time
of such delay.
DEVELOPMENT AGREEMENT (AZ-99-021) - 7
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".
14. 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 addendum agreement
stating when the improvements will be completed in a phased developed; and in any
event, no Certificates of Occupancy shall be issued in any phase in which the
improvements have not been installed, completed, and accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"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 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: DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
with copy to:
D.W., Inc.
13141 West Bluebonnet Court
Boise, Idaho 83713
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.
DEVELOPMENT AGREEMENT (AZ-99-021) - 8
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable attorney's
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the parties' respective heirs, successors, assigns and
personal representatives, including "City"'s corporate authorities and their successors in
office. This Agreement shall be binding on the owner of the "Property", each subsequent
owner and any other person 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"/"Owner", to execute
appropriate and recordable evidence of termination of this Agreement if"City", in its sole
and reasonable discretion, had determined that "Developer"/"Owner" has fully performed
its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer"/"Owner"
and "City" relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"Developer"/"Owner" 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".
DEVELOPMENT AGREEMENT (AZ-99-021) - 9
21.1
No condition governing the uses and/or conditions governing
development of the subject "Property" herein provided for can be
modified or amended without the approval of the City Council
after the '"'City" has conducted public hearing(s) in accordance
with the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-99-021) - 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
D.W., INC.
Attest:
Dixie Wood, Vice-President/Secretary
BY RESOLUTION NO.
Dan Wood, President
Developer
Attest:
CITY CLERK
BY RESOLUTION NO. ~ / ~
CITY OF MERIDIAN
"'~---3MAYOR ROBERT D. CORRIE
DEVELOPMENT AGREEMENT (AZ-99-021) - 11
STATE OF IDAHO )
County of Ada )
:SS
On this ~ day of tqT~'6~ , in the year 2000, before
me, a Notary Public, personally appeared Dan Wood and DiXie Wood, known or identified
to me to be the President and Vice-President/Secretary, of D.W., Inc., who executed the
instrument or the persons that executed the instrument of behalf of said D.W., Inc., and
acknowledged to me having executed the same.
'~ di Notary Public for Idaho
:~ .: ..- -_ .~. _ ! r ~ "?i Commission expires:/a~-/- aq-dO /
'5q~ ~<~ '~' > ':'~<' :SS
County of Ada )
On this dayof I r/~65~' , in the year 2000, before
me, a Notary Public, p~rso~y appeared Robert D. Corrie and William G. Berg, known 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.
(SEAL)
Not~blic for Idaho
Commission expires:
DEVELOPMENT AGREEMENT (AZ-99-021) - 12
EXHIBIT A
Legal Description Of Property.
PARCEL DESCRIPTION
PROPOSED WOODHAVEN SUBDIVISION
A parcel of land being situated in the Southeast 1/4 of the Southeast
1/4 of Section 20, T.3N., R. 1E., B.M., Ada County, Idaho as shown on
that certain Record of SurVey No. 4525 recorded as Instrument
Number 99008926 in the records of the Ada County Recorder's office,
said parcel being more particularly described as follows:
Commencing at the Southeast corner of said Section 20, thence North
00°00'18" West (formerly known as North 00°03' West in that certain
Warranty Deed recorded as Instrument Number 8153524 in the
records of Ada County) along the Easterly boundary of said Section
20, 779.44 feet (formerly known as 779.51 feet on said deed) to THE
REAL POINT OF BEGINNING;
Thence leaving said Easterly boundary North 89°47'41" West, 808.57
feet (formerly known as North 89°58'50" West on said deed) to a
point;
thence South 00°11'31,, West, 400.91 feet (formerly known as South
0°08'17" West, 401.14 feet on said deed) to a point;
thence South 70009'32, East, 61.34 feet (formerly known as South
70011'30,' East, 61.32 feet on said deed) to a point;
thence South 63°22'02" East (formerly known as South 63°24' East on
said deed), 87.80 feet to a point;
thence South 86°23'32" East (formerly known as South 86°35'15"
East on said deed), 38.40 feet to a point;
thence North 64o28'43'. East (formerly known as North 64026'45"
East on said deed), 142.18 feet to a point;
thence South 84°57'17" East (formerly known as South 84°59'15"
East on said deed), 169.02 feet to a point;
thence South 74°04'17" East (formerly known as South 74°06'15"
East on said deed), 113.67 feet to a point;
DEVELOPMENT AGREEMENT (AZ-99-021) - 13
thence South 68°54'17" East (formerly known as South 68°56'15''
East on said deed), 207.43 feet to a point;
thence South 72o01'52'' East, 37.78 feet (formerly known as South
72002'30'' East on said deed) to a point on the easterly boundary line
of said Section 20;
thence along the easterly boundary line of said Section 20 North
00°00'18" West, 531.72 feet (formerly known as North 00003' West on
said deed) to the REAL POINT OF BEGINNING.
Said parcel contains 8.25 acres, more or less.
DEVELOPMENT AGREEMENT (AZ-99-021) - 14
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-99-021) - 15
Revised 03-24-00
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF DAN )
WOOD, D.W., INC., THE )
APPLICATION FOR )
ANNEXATION AND ZONING )
OF 8.25 ACRES FOR )
PROPOSED WOODHAVEN )
SUBDIVISION, LOCATED )
WEST OF EAGLE ROAD )
BETWEEN OVERLAND AND )
WEST VICTORY ROAD, )
MERIDIAN, IDAHO )
)
Case No. AZ-99-021
AMENDED
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 February 15, 2000, at the hour of 7:30 p.m., and Shaft Stiles,
Planning and Zoning Administrator, appeared and testified, and appearing on behalf
of the Applicant was Nancy Taylor of J-U-B Engineers, and comments and testimony
from concerned neighbors were given by Rex Young, Jim Allen, and Dave Marquart,
and the matter was continued until March 7, 2000, and again to March 21, 2000,
and the City Council having duly considered the evidence and the record in this
matter therefore makes the following Findings of Fact and Conclusions of Law, and
Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ-99-021 )
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 February 15, 2000, and continued to March 7, 2000, and again to
March 21, 2000, before the City Council, the first publication appearing and written
notice having been mailed to property owners or purchasers of record within three
hundred feet (300') of the external boundaries of the property under consideration
more than fifteen (15) days prior to said hearing and with the notice of public
hearing having been posted upon the property under consideration more than one
week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the February 15, 2000,
and continued to March 7, 2000, and again to March 21, 2000, public hearing; and
the applicant, affected property owners, and government subdivisions providing
services within the planning jurisdiction of the City of Meridian, having been given
full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5
and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ-99-021 )
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 Boundary.
4. The property which is the subject to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full. The property is approximately 8.25 acres in size. The property is
located at west of Eagle Road, between Overland and west of Victory Road,
Meridian, Idaho. The property is designated as the proposed Woodhaven
Subdivision.
5. The owner of record of the subject property is Robert Bell, of 994 N.
Caucus, Meridian, Idaho.
6. Applicant is Dan Wood, D.W., Inc., of 13141 West Bluebonnet Court,
Boise, Idaho.
7. The property is presently zoned by Ada County as Rural Transitional
(R-T), and consists of agricultural uses.
8. The Applicant requests the property be zoned as Medium Density
Residential (R-8).
9. The subject property is bordered to the north by residential property
zoned R-4 and city limits of the City of Meridian are adjacent and abut to the north
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ-99-02 ! )
of the subject property.
10. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
11. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the following
manner: residential subdivision.
13. The Applicant requests zoning of the subject real property as Medium
Density Residential (R-8). While the Meridian Comprehensive Plan does not define
the Mixed Residential Land Use designation this parcel falls within on the
Generalized Land Use Map, annexing the subject parcel with the requested R-8 zone
or an R-4 zone conforms with other Comprehensive Plan Polices that call for a wide
variety of housing types and housing for all income groups.
14. There are no significant or scenic features of major importance that
affect the consideration of this application.
15. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ-99-021)
imposed:
Adopt the Recommendations of the Planning and Zoning staff as follows:
15.1
Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance. The ditches
to be piped should be shown on the site plans. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the
Public Works Department. No variances have been requested for tiling
of any ditches crossing this project.
15.2
Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance.
Wells may be used for non-domestic purposes such as landscape
irrigation.
15.3
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance.
15.4
Subdivision identification signage shall be in accordance with the
standards set forth in the City of Meridian Zoning and Development
Ordinance. No temporary signage, flags, banners or flashing signs will be
permitted. Signage restrictions need to be included in the development
agreement.
15.5 Provide five-foot-wide sidewalks in accordance with City Ordinance.
15.6
A minimum 30-foot landscape buffer is required along the east property
boundary of site and shall be a condition attached to this property in
the Development Agreement.
15.7 Applicant shall be required to dedicate all right-of-way along Eagle Road
as required by ACHD prior to the issuance of any building permits.
15.8 A Development Agreement will be required as a condition of
annexation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ-99-021 )
Adopt the Recommendations of the Ada County Highway District as follows:
15.9
Dedicate 48-feet of right-of-way from the centefline of Eagle Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first. Allow up to 30 business
days to process the right-of-way dedication after receipt of all requested
material. The owner will be compensated for all right-of-way dedicated
as an addition to existing right-of-way from available impact fee
revenues in this benefit zone, if the owner submits a letter of application
to the impact fee administrator prior to breaking ground, in accordance
with Section 15 of ACHD Ordinance #188.
15.10
Construct a 5-foot wide detached sidewalk on Eagle Road abutting the
entire site. The sidewalk should be located two feet within the new
right-of-way of Eagle Road. Coordinate the location and elevation of
the sidewalk with District staff.
15.11
15.12
15.13
15.14
Locate the Moon Dipper Street/Eagle Road intersection approximately
100-feet south of the north property line, as proposed.
Construct Goldbug Street from Eagle Road to the Goldbug Circle
intersection as a standard 36-foot street section with curbs, gutters, and
5-foot wide concrete sidewalks within 50-feet of right-of-way.
Unless otherwise approved, the Applicant shall be required to construct
all public roads within the subdivision as a 36-foot street sections with
curbs, gutters, and 5-foot wide concrete sidewalks within 50-feet of
right-of-way.
Other than the access point specifically approved with this application,
direct lot or parcel access to Eagle Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
16. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 15, and all
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ-99-021 )
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 agreement, a
condition of annexation and zoning designation.
17. It is also found that the development considerations as referenced in
Finding No. 15 are reasonable to require and must be talcen into account, in order to
assure the proposed development is designed, constructed, operated and maintained
in a manner 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 development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
18. It is found that the zoning of the subject real property as (R-8) Medium
Density Residential District allows single- and two-family dwellings at a density not
exceeding eight (8) dwelling units per acre. This District delineates those areas where
such development has or is likely to occur in accord with the Comprehensive Plan of
the City and is also designed to permit the conversion of large homes into two-family
dwellings in well-established neighborhoods of comparable land use, and requires
connection to the Municipal Water and Sewer systems and will be compatible with
the Applicant's development intentions, and will assure that the zoning is consistent
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ-99-021)
with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Mixed Residential Land Use.
19. 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:
19.1
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 criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
19.2
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.
19.3
19.4
19.5
19.6
The application is consistent with Meridian's self identity.
The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
Compatible and efficient use of land through innovative and functional
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ-99-021)
20.
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
The property can be physically serviced with City water and sewer, if
applicant extends the lines.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies 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 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 Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord. No. 629, January 4, 1994.
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ-99-021)
4.1
4.2
To preserve Meridian's environmental 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-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.
4.3
4.4
4.5
4.6
4.7
To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
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 insure that these facilities are
available to all residents of the City.
To provide community services to fit existing and projected
needs.
4.8
4.9
To establish compatible and efficient use of land through
the use of innovative and functional site design.
To encourage a balance of land use patterns to insure that
revenues pay for services.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ-99-021 )
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
5. The approved zoning of Medium Density Residential District, (R-8) is
defined in the Zoning Ordinance at 11-7-2 D as follows:
(R-8) Medium Density Residential District: The purpose of the R-8 District
is to permit the establishment of single- and two-family dwellings at a density
not exceeding eight (8) dwelling units per acre. This District delineates those
areas where such development has or is likely to occur in accord with the
Comprehensive Plan of the City and is also designed to permit the conversion
of large homes into two-family dwellings in well-established neighborhoods of
comparable land use. Connection to the Municipal water and sewer systems of
the City is required.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is not required for Applicant to construct and develop single-
and two-family dwelling units 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 Burr vs. The
City of Idaho 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 12-2-4 which pertains to development time schedules and requirements;
Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N,
which pertains to pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ-99-021 )
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
10. Section 11-16-4 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 use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel. 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
commitment is binding on the owner of the property even if it is unrecorded;
however, an unrecorded commitment 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
8.25 acres to Medium Density Residential District (R-8) is granted subject to the
terms and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 8.25 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ-99-021 )
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. 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:
3.1
Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance. The ditches
to be piped should be shown on the site plans. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the
Public Works Department. No variances have been requested for tiling
of any ditches crossing this project.
3.2
Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance.
Wells may be used for non-domestic purposes such as landscape
irrigation.
3.3
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance.
3.4
Subdivision identification signage shall be in accordance with the
standards set forth in the City of Meridian Zoning and Development
Ordinance. No temporary signage, flags, banners or flashing signs will be
permitted. Signage restrictions need to be included in the development
agreement.
3.5 Provide five-foot-wide sidewalks in accordance with City Ordinance.
3.6 A minimum 30-foot landscape buffer is required along the east property
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ-99-021)
3.7
3.8
boundary of site and shall be a condition attached to this property in
the Development Agreement.
Applicant shall be required to dedicate all right-of-way along Eagle Road
as required by ACHD prior to the issuance of any building permits.
A Development Agreement will be required as a condition of
annexation.
3.9
Dedicate 48-feet of right-of-way from the centerline of Eagle Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first. Allow up to 30 business
days to process the fight-of-way dedication after receipt of all requested
material. The owner will be compensated for all right-of-way dedicated
as an addition to existing right-of-way from available impact fee
revenues in this benefit zone, if the owner submits a letter of application
to the impact fee administrator prior to breaking ground, in accordance
with Section 15 of ACHD Ordinance #188.
3.10
Construct a 5-foot wide detached sidewalk on Eagle Road abutting the
entire site. The sidewalk should be located two feet within the new
right-of-way of Eagle Road. Coordinate the location and elevation of
the sidewalk with District staff.
3.11
3.12
3.13
3.14
Locate the Moon Dipper Street/Eagle Road intersection approximately
100-feet south of the north property line, as proposed.
Construct Goldbug Street from Eagle Road to the Goldbug Circle
intersection as a standard 36-foot street section with curbs, gutters, and
5-foot wide concrete sidewalks within 50-feet of right-of-way.
Unless otherwise approved, the Applicant shall be required to construct
all public roads within the subdivision as a 36-foot street sections with
curbs, gutters, and 5-foot wide concrete sidewalks within 50-feet of
right-of-way.
Other than the access point specifically approved with this application,
direct lot or parcel access to Eagle Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ-99-02 !)
plat.
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real
property which is the subject of the application to (R-8) Medium Density Residential
District, Meridian City Code § 11-7-2 D.
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
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
denial of the 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 /~
day of ~ ,2000.
ROLL CALL
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ-99-021 )
COUNCILMAN RON ANDERSON
COUNCILMAN K_EITH BIRD
VOTED___~~c''
COUNCILMAN TAMMY deWEERD
VOTED~'~'
COUNCILMAN CHERIE McCANDLESS
VOTED_~'
MAYOR ROBERT O. CORRIE (TIE BREAI~R)
DATED: ~/'~,--~O
VOTED
MOTION:
APPROVED:~~:::~
DISAPPROVED:
~L'5~t~/Cierk ' / /
msg/Z:\Wo rkXNrkMeridian 153601Vl~WoodhavenkREVISEDcleanAZFfC1032400
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ-99-021 )
RESOLUTION NO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND D. W., INC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter
into an agreement with D.W., Inc., denoted as "DEVELOPMENT
AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to
this Resolution, the reasons and authority for which are as set forth in said
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerk are hereby authorized to enter into and on
behalf of the City of Meridian that certain agreement with D.W., Inc., entitled
"DEVELOPMENT AGREEMENT", by and between the City of Meridian and
D.W., Inc., a copy of which is attached hereto marked as Exhibit "A" to this
Resolution and to bind this City to its terms and conditions.
Resolution (AZ-99-021) - 1 of 2
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
dayof .~']4_ ~ ,2000.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
//~;'~ day of ~ ,2000.
ATTEST:
~I'TY CLEm(
msg/Z:\Work~MXaMeridian 15360 M~WoodhavenLResolutior~'t~t~'4
SEAL
Resolution (AZ-99-021) - 2 of 2