Thousand Springs Subdivision
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ADA COUNTY 1\~CORDER. . ìt,...... ~ () (//,". )
.J. ~~Y~~.~Ô!~~RO -i/¡f FEE....LDEPUTY~
D. EVEL9fMENT AGREEJ\j-f¡~~ 2 8 I 6
1999AP 29 PH . 19 ft, 0 ,;J. fI/ ~
THIS DEVELOPMENT AGREEMENT (this "Agree ent'f,ls made and entered
into this /tl-f.!:dayof IIprt'l ,1999, by and between CITY OF MERIDIAN, a
municipal corporation ofthe State ofIdaho, hereafter called "CITY", and FAR WEST,
LLC, a Limited Liability Company, hereinafter called "DEVELOPER", whose address is
4550 W. State Street, Boise, Idaho 83703.
1.
RECITALS:
1.3
1.4
1.5
1.6
1.7
1.1
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of
certain tract ofland in the County of Ada, State ofIdaho, described in
Exhibit A, which is attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as the "Property"; and
1.2
WHEREAS, I.C. §67-65 I 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
WHEREAS, CITY has exercised its statutory authority by the enactment
of Ordinance 11-2-416L and 11-2-417D, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
WHEREAS, DEVELOPER has submitted an application for annexation
and zoning ofthe "Property" described in Exhibit 1\, and requested a
designation of Low Densitv Residential District (R-4) Citv Zone, 11-2-
408B (3) (Municipal Code of the City of Meridian); and
WHEREAS, DEVELOPER made some 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
WHEREAS, record of the proceedings request for annexation and zoning
designation of the subject Property held before the Planning & Zoning
Commission, and subsequently before the City Council, include responses
of government subdivisions providing services within the City of Meridian
planning jurisdiction, and received testimony and comment in favor of the
proposed development, and opposed with concerns being the compatibility
ofthe proposed development with neighboring properties; and
WHEREAS, a request was made to the CITY to have the same annexed to
said CITY, and zoned, and the DEVELOPER has submitted to the CITY a
"Plat" thereof which has been approved for annexation by the CITY and as
part of the annexation and zoning the CITY adopted and approved
DEVELOPMENT AGREEMENT
FARWEST, LLC / ANNEXATION/ZONING
THOUSAND SPRINGS SUBDIVISION
PAGE
1.8
1.9
1.10
1.11
Findings of Fact and Conclusions of Law; (a correct copy of which are
attached to this Agreement marked Exhibit B) and by this reference
incorporated herein. The "Plat" is herein identified as Thousand Springs
Subdivision, North of Victory and West of Eagle Road, Briggs
Engineering, Inc., DWG date 04/16/98 RLS, DWG No. 980204-PRE,
Sheet 1 of 1 PRE, and revised DWG date 07/08/98 RIS, DWG No.
980204-PRE2, Sheet 1 of 1 PRE2 and for Phase One: date 10/14/98,
980204, Sheet 1 of2; and
WHEREAS, City Council, the 21st day of July, 1998, has approved certain
Findings of Fact and Conclusions of Law and order of decision, set forth
in Exhibit B, which are attached hereto and by this reference incorporated
as if set forth in full, hereinafter referred to as (the "Findings"); and
WHEREAS, the "Findings" require the DEVELOPER enter into a
development agreement before the City Council takes final action on
annexation and zoning designation; and
WHEREAS, DEVELOPER deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at its urging and requests; and
WHEREAS, CITY requires the DEVELOPER to enter into a development
agreement for the purpose of ensuring that the "Property" is developed and
the subsequent use ofthe "Property" is in accordance with the terms and
conditions of this development agreement, herein 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 the annexation and zoning designation is in accordance with the
Comprehensive Plan ofthe City of Meridian adopted December 21,1993,
Ordinance #629, January 4, 1994, and the Zoning and Development
Ordinance codified in Title 11, Municipal Code of the City of Meridian.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
2.
INCORPORATION OF RECITALS
2.1 That the above recitals are contractual and binding and are incorporated
herein as if set forth in fulL
PAGE
2
DEVELOPMENT AGREEMENT
FARWEST, LLC / ANNEXATION/ZONING
THOUSAND SPRINGS SUBDIVISION
3.
USES PERMITTED BY THIS AGREEMENT:
3.1
3.2
3.3
4.
The uses allowed pursuant to this Agreement are those uses allowed under
CITY's Zoning Ordinance Low Density Residential District (R-4) codified
at section 11-2-408 B (3) Municipal Code ofthe City of Meridian.
DEVELOPER agrees that this Agreement specifically allows only the uses
and/or conditional uses described in the above referenced Zoning
Ordinance on the date thereof and which uses are specifically incorporated
herein.
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT IN CONDITIONAL USE:
4.1 DEVELOPER has submitted to CITY an application for residential Plat
approval under the "Subdivision and Development Ordinance" of the City of
Meridian, and shall be required to obtain the City's approval thereof, in
accordance with said ordinance criteria, therein provided, prior to and as a
condition of the commencement of construction of any building or
improvements on the property.
5.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1
DEVELOPER shall develop subject Property including the obtainence of
the appropriate permits and compliance with CITY ordinances regarding
the building permits and other life safety codes applicable to such
development in accordance with the following special conditions:
5.1.1
That DEVELOPER will file or cause to be filed with the City
Engineer, a complete set of "Subdivision Improvement Plans"
("Improvement Plans") showing all streets, utilities, pressurized
irrigation facilities, fire hydrants, extensions of water lines to and
along the exterior boundary of such property, landscaping, drainage,
street and other similar signing and barricades, and other such
improvements contemplated within the development, which
Improvement Plans and all improvements shown thereon shall meet
the approval of the City Engineer. Said Improvement Plans are
incorporated herein and made a part hereof by reference.
5.1.2 Submit a subdivision plat application of the property to the CITY to
be approved by the CITY and recorded in the Ada County Recorder's
office prior to any development.
PAGE
DEVELOPMENT AGREEMENT
FARWEST, LLC / ANNEXATION/ZONING
THOUSAND SPRINGS SUBDMSION
5.1.3
That the property zoned R-4, described in Exhibit "A", shall have lot
sizes of at least Eight Thousand (8,000) square feet, which is the size
presented at the City hearings, and shall meet all of the requirements
of the R-4 zone including a minimum house size of Fourteen Hundred
(1,400) square feet, and have no duplex units, townhouses, or patio
homes constructed on said property
5.1.4 That there shall be no change to increase the number oflots orreduce
the size oflots as shown in the preliminary plat by the DEVELOPER
and approved by the City, which is incorporated herein as if set forth
in full herein.
5.1.5 That DEVELOPER will, at his or their own expense, construct and
install all sanitary sewers, storm drains, pumping stations, water
mains and appurtenances, fire hydrants, curbs and gutters,
pressurized irrigation system, electrical transmission lines, natural
gas lines, telephone lines, sidewalks, cross drains, street surfacing,
street signs, and barricades as well as any and all other
improvements shown the Improvement Plans as reviewed and
approved by the CITY.
5.1.6 That DEVELOPER will construct and install all such
improvements in strict accordance with the filed and approved plat
and Improvement Plans, and the City Standard Engineering
Drawings and Standard Engineering Specifications current and in
effect at the time the construction of said improvements is
accomplished.
5.1.7 That DEVELOPER will provide the City Engineer with at least
fifteen (15) days advance written notification of when and of what
improvements he intends to complete and the time schedule
therefor; and agrees to make such modifications and/or construct
any temporary facilities necessitated by such phased construction
work as shall be required and approved by the City Engineer.
5.1.8 That DEVELOPER will have "corrected" original drawings ofthe
Improvement Plans of all said improvements prepared by a
Registered Professional Engineer and will provide the CITY with
said Plans or a duplicate mylar copy of said Plans. The
Improvement Plans of the proposed improvements shall be
"corrected" to show the actual constructed location (both
horizontally and vertically) of the various water and sewer lines, all
utility lines, and pressurized irrigation lines and their individual
building service lines, the curb and gutter aligmnent and grades,
etc. The "corrected" Subdivision Improvement Plans shall include
a "Certification" thereon, signed by the Registered Professional
DEVELOPMENT AGREEMENT
FARWEST, LLC / ANNEXATION/ZONING
THOUSAND SPRINGS SUBDIVISION
PAGE
4
Engineer in charge ofthe work, that said Plans ofthe various
improvements are true and correct.
5.1.9 That DEVELOPER shall, immediately upon the completion of
each of the two phases of said development, notify the City
Engineer and request his inspection and written acceptance of such
completed improvements or portion thereof.
5.1.10 That CITY may also require surety bonds, irrevocable letters of
credit, cash deposits, certified checks or negotiable bonds, as
allowed under 11-9-606 C of the Revised and Compiled
Ordinances ofthe CITY of Meridian, to insure the installation of
the improvements, and the DEVELOPER agrees to provide
such, if required by the CITY.
5.1.11
That DEVELOPER agrees that as security for the construction by
the DEVELOPER of the Project Improvements, the CITY shall
require from the DEVELOPER irrevocable letter(s) of credit, cash
deposit(s), certified check(s), or negotiable bond(s) as allowed
under Section 11-9-606C of the Revised and Compiled Ordinances
ofthe City of Meridian, and the CITY shall have the right to
withhold a building permit with respect to any lot within the
property until the same is provided by the DEVELOPER. Said
improvements shall include, but not be limited to, sewer, water,
curb, gutter and sidewalks, irrigation and drainage piping,
pressurized irrigation system, landscaping and berming, and
fencing.
5.1.12 That DEVELOPER agrees, in recognition of the unique and
peculiar circumstances relative to this development, to the special
conditions set forth in Exhibit "B" attached hereto and by this
reference made a part hereof with the exception and modification
of the Site Specific comments for f., j. and L, found at pages 8 and
9 of said Exhibit "B" to read and to provide as follows:
f.
The required six (6') foot high permanent perimeter fencing
need only be non-combustible along the Ridenbaugh CanaL
j.
While the DEVELOPER is required to bond for the
vehicular bridge constructed across the Ridenbaugh Canal,
upon filing with the Ada County Highway District the
appropriate acceptable bond, the issuance of building
permits or occupancy permits shall not be withheld.
k.
The applicant'sproposed 50 foot wide streets with the 4
foot wide planting strip and 2 Y2 feet of sidewalk on each
DEVELOPMENT AGREEMENT
FARWEST, LLC / ANNEXATION/ZONING
THOUSAND SPRINGS SUBDIVISION
PAGE
side of the street, as shown on the developer's construction
plans already approved by Meridian City Engineer with
respect to Phases 1,2 and subject to approval on future
phases, is acceptable.
and agrees to construct a perimeter fence around construction areas
to contain debris prior to any construction, except where roadways
and streets for access are located and except where the CITY has
agreed in writing that such fencing is not necessary.
5.1.13
That DEVELOPER agrees that those portions of the water main, as
identified in Exhibit "B" hereto, including any water line
extensions, increased line size or capacity, are required because of
future service needs originating from properties not owned by
DEVELOPER and located within the vicinity ofthe subject
development. That sound planning requires construction thereof at
the present time in order to accommodate future expansion and
development. In recognition of the cost savings which can be
accomplished by construction of such excess capacity and/or
improvements separately or at a later time, DEVLEOPER agrees to
design and construct such facilities subject to the CITY's
agreement to enter into a late comers agreement to reimburse
DEVELOPER for a portion of the costs of such excess capacity.
DEVELOPER agrees to obtain three independent bona fide bids
for the performance of such work from qualified and responsible
contractors and shall deliver copies of such bids to the CITY prior
to the commencement of such work. Such bids shall be solicited
and itemized in a manner which allows clear and specific
identification ofthat portion of the construction work for which the
CITY may possibly agree to enter into a late comers agreement.
The CITY may possibly agree to enter into a late comers
agreement. The CITY's obligation to enter into a late comers
agreement to help DEVELOPER to pay for such costs shall be
limited to the lowest of such bids irrespective of whether the
lowest bidder is in fact selected by DEVELOPER to perform the
work.
5.1.14 That DEVELOPER agrees that no Certificates of Occupancy will
be issued until all improvements are completed, unless the CITY
and the DEVELOPER have entered into an addendum agreement
stating when the improvements will be completed in a phased
development; 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.
DEVELOPMENT AGREEMENT
FAR WEST, LLC / ANNEXATION/ZONING
THOUSAND SPRINGS SUBDMSION
PAGE
6
6.
5.2.
No condition herein provided can be modified or amended in connection
other than as provided for herein and after public hearing by the City
Council, in accordance with the notice provisions provided for zoning
designation or amendment under enforcement at the time.
INSPECTION:
6.1
DEVELOPER shall, immediately upon completion of any portion or the
entirety of said development of the Property, 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.
7.
COMPLIANCE PERIOD / CONSENT TO REZONE:
7.1
This Agreement and the commitments contained herein shall be
terminated, and the zoning designation reversed, upon failure of
DEVELOPER or DEVELOPER's heirs, successors, assigns, to comply
with the cormnitments contained herein within two (2) years of each
phase, and after complying with the notice and hearing procedures as
outlined in § 67-6509, Idaho Code, or any subsequent amendments or
recodifications thereof. Provided, however, no such consent to rezone
shall occur unless CITY provides written notice of any failure to comply
with this Agreement to DEVELOPER and DEVELOPER fails to cure
such failure within six (6) months of such notice. The two (2) year period
of time per phase for compliance may be extended by CITY for just cause
and upon notification for such by DEVELOPER, and after complying with
the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or
any subsequent amendments or recodifications thereof.
8.
REOUIREMENT FOR RECORDATION:
8.1
9.
ZONING:
CITY shall record either a memorandum ofthis Agreement or this
Agreement, including all of the Exhibits, at DEVELOPER'S cost, and
submit proof of such recording to DEVELOPER, prior to the third reading
of the Meridian Zoning Ordinance in connection with the annexation and
zoning of the Property by the City CounciL If for any reason after such
recordation, the City Council fails to adopt the ordinance in connection
with the annexation and zoning of the Property contemplated hereby, the
CITY shall execute and record an appropriate instrument of release of this
Agreement.
PAGE
DEVELOPMENT AGREEMENT
FARWEST, LLC / ANNEXATION/ZONING
THOUSAND SPRINGS SUBDIVISION
7
9.1
CITY shall, following recordation of the duly approved Agreement, enact
a valid and binding ordinance zoning the Property as specified herein.
10.
DEFAULT
10.1
10.2
In the event DEVELOPER, DEVELOPER's heirs, successors, assigns, or
subsequent owners of the Property or any other person acquiring an
interest in the Property, fail to faithfully comply with all of the terms and
conditions included in this Agreement in connections with the Property,
this Agreement may be modified or terminated by the CITY upon
compliance with the requirements of the Zoning Ordinance.
A waiver by CITY of any default by DEVELOPER of 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.
REMEDIES. This Agreement shall be enforceable in any court of competent
jurisdiction by either CITY or DEVELOPER, or by any successor or successors in
title or by the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance ofthe
covenants, agreements, conditions, and obligations contained herein.
11.
11.1
11.2
In the event of a material breach of this Agreement, the parties agree that
CITY and DEVELOPER shall have thirty (30) days after delivery of
notice of said breach to correct 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 within such
failure may be cured shall be extended for such period as may be
necessary to complete the curing of the same with diligence and
continuity.
In the event the performance of any covenant to be performed hereunder
by either DEVELOPER or CITY is delayed for causes which are beyond
the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes
or similar causes, the time for such performance shall be extended by the
amount of time of such delay.
PAGE
DEVELOPMENT AGREEMENT
FARWEST, LLC / ANNEXATION/ZONING
THOUSAND SPRINGS SUBDIVISION
11.3
1l.4
11.5
11.6
DEVELOPER agrees that no Certificates of Occupancy will be issued for
any building or use on a lot until all improvements have been installed,
completed and accepted by the CITY for any phase.
That DEVELOPER agrees, that upon a Finding by the City Council, duly
entered in the official minutes of the proceedings of the City Council, that
a portion, or portions, or the entirety of said improvements need to be
completed in the interest of the health, welfare and/or safety ofthe
inhabitants of the CITY, the DEVELOPER will, within a reasonable time
as determined by the CITY, construct said needed improvements, or, ifhe
does not so construct within a reasonable time after written notification of
such Council action, and the CITY thereafter determines to construct, and
does construct such improvements, or improvements, the DEVELOPER
will pay to the CITY the actual costs paid or incurred by the CITY for
such improvements so constructed by the CITY, plus interest thereon at an
annual interest rate equal to the prime interest rate of First Security Bank
N.A. plus five percent (5.0%) until paid, said payment to be made in such
manner and under such terms as the CITY shall order after conference
with the DEVELOPER. Provided, however, the City Council shall not
make the Findings set forth in this paragraph except at a regular or special
meeting of the City Council, duly held, and unless the DEVELOPER has
been notified in writing of the time and place of such meeting at least three
(3) days prior thereto and has been given an opportunity to be present in
person or by counsel, and to be heard on the merits of the proposed
Finding.
That DEVELOPER agrees that upon his, its, or their having received
written notification from the City Engineer, that any of the requirements
herein specified have not been complied with, that the CITY shall have the
right to withhold the issuance of any Certificates of Occupancy within
such phase and/or shall have the right to withhold the providing of
culinary water service to any part, parcel, or portion of such annexed area
until such time as all requirements specified herein have been complied
with; provided, however, the DEVELOPER shall have the right to appear
before the City Council at any regular meeting after any Certificate of
Occupancy or any water service shall have been withheld for reasons set
forth in this paragraph, and shall have the right to be heard as to why such
Certificate of Occupancy should be issued or water service allowed. The
Council shall then decide whether said Certificate of Occupancy shall be
issued or water service to said property allowed, and its decision shall be
final, except that the rights ofthe parties are preserved at law and equity
including, but not limited to, the right of appeal to a court of competent
jurisdiction.
DEVELOPER agrees that, in the event any of the improvements required
herein are not timely installed, the CITY may, at its sole option, install the
DEVELOPMENT AGREEMENT
FARWEST, LLC / ANNEXATION/ZONING
THOUSAND SPRINGS SUBDIVISION
PAGE
12.
13.
14.
improvements and declare the entire cost of said improvements to be
immediately due and payable and may seek to collect such sums in the
manner provided by law, or may pursue any other remedy set forth herein
or as may be available in law or equity. In the event of such declaration,
all sums due shall bear interest at the prime interest rate of First Security
Bank N.A., plus five percent (5%) per annum, until paid.
11.7
In the event of DEVELOPER's failure to complete such installation, the
CITY may install such improvements and, without notice, foreclose this
Agreement as a mortgage in accordance with the mortgage foreclosure
laws of the State of Idaho
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 City
33 E. Idaho Ave.
Meridian, ID 83642
Farwest, LLC
4550 W. State Street
Boise, Idaho 83703
with copy to:
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
A party shall have the right to change its address by delivering to the other party a
written notification thereofin accordance with the requirements of this section.
Attomev 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.
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
PAGE
10
DEVELOPMENT AGREEMENT
FARWEST, L.L.C / ANNEXATION/ZONING
THOUSAND SPRINGS SUBDIVISION
16.
17.
18.
hereunder shall constitute a breach of and a default under this Agreement by the
other party so failing to perform.
15.
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 ofthe Property, each
subsequent owner and each other person acquiring an interest in the Property.
Nothing herein shall in any way prevent sale or alienation ofthe 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 benefited and
bound by the conditions and restrictions herein expressed. CITY agrees, upon
written request of DEVELOPER, to execute appropriate and recordable evidence
of termination ofthis Agreement if CITY, in its sole and reasonable discretion,
had determined that DEVELOPER has fully performed its obligations under this
Agreement.
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 therefrom
and the invalidity thereof shall not affect any of the other provisions contained
herein, except that if an provision of this Agreement is held not valid which
DEVELOPER's development of the Property, DEVELOPER may, at its sole
discretion, declare this entire Agreement null and void of no force and effect and
thereby relieve all parties from any obligations hereUIlder.
Final Agreement. This Agreement sets forth all promises, inducements,
agreements, condition and understandings between DEVELOPER and CITY
relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
DEVELOPER and CITY, other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing
and signed by them or their successors in interest or their assigns, and pursuant,
with respect to CITY, to a duly adopted ordinance orresolution of CITY.
Effective Date of Agreement. This Agreement shall be effective on the date the
Meridian City Council s1;1all 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
FARWEST, LLC / ANNEXATION/ZONING
THOUSAND SPRINGS SUBDIVISION
PAGE
11
ACKNOWLEDGEMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
Made it effective as hereinabove provided.
FARWEST, L.L.c.
BY:~~
MART GOLDSMITH
MANAGING MEMBER
CITY OF MERIDIAN
ATTEST:
¿~,t~c¡
BY RESOLUTION NO.-
STATE OF IDAHO)
:ss
COUNTY OF ADA ) /L-"" . /
On this ~ day of 17/ U,...t;, , in the year 1999, before me,
luf'VLl.lLiJ ~~, a Notary Public, personally appeared MARTY
GOLDSMITH, known or identified to me to be the Managing Partner of said corporation,
who executed the instrument or the person that executed the instrument on behalf of said
corporation, F ARWEST L.L.C., and acknowledge to me that such corporation executed the
same.
DEVELOPMENT AGREEMENT
FARWEST, LLC / ANNEXATION/ZONING
THOUSAND SPRINGS SUBDIVISION
PAGE
12
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day and year in this certificate rust above written.
VmuJ~
NOTARY PUBLIC F IDAHO-
RESIDING AT:!J1 tll¿¡;ILÆ.IL,/þ
MY COMMISSION EXPIRES: ! ) -/Ö-'19'
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STATE OF IDAHO)
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COUNTY OF ADA) /11';/
On this day of ~ in the year 1999, before me .J"""",: L." ISÆsß
, a
Notary Public, personally appeared Robert D. Corrie and William G. Berg, 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.
(SEAL)
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DEVELOPMENT AGREEMENT
FARWEST, LLC / ANNEXATION/ZONING
THOUSAND SPRINGS SUBDIVISION
PAGE
13
Legal Description Of Property
DEVELOPMENT AGREEMENT
FARWEST, LLC / ANNEXATION/ZONING
THOUSAND SPRINGS SUBDMSION
EXHIBIT A
PAGE
14
A parcel of land lying in the South Y. of Section 20, Township 3 North, Range 1
East, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the southeast corner of Section 20, T. 3N., R. 1 E., B.M., thence N.
89°36'44" W. 1341.26 feet to the southeast comer of the SW Y. of the SE y-., the
REAL POINT OF BEGINNING of this description;
Thence N. 89°36'38" W. 476.32 feet to a point on the centerline of the Ridenbaugh
Canal;
Thence N. 56°00'00" W. 290.36 feet along said centerline to a point;
Thence N. 53"20'36" W. 340.70 feet along said centerline to a point of curvature;
Thence along said centerline along a curve to the right 175.65 feet, said curve
having a radius of 750.00 feet, a central angle of 13"25'06", tangents of 88.23 feet,
and a long chord which bears N. 46°38'03" W. 175.24 feet to a point of tangency,
Thence N. 39°55'30" W. 343.40 feet along said centerline to a point;
Thence N. 52"22'24" W. 242.50 feet along said centerline to a point;
Thence N. 33°35'24" W. 233.60 feet along said centerline to a point of curvature;
Thence along said centerline along a curve to the right 168.45 feet, said curve
having a radius of 750.00 feet, a central angle of 12°52'06", tangents of 84.58 feet,
and a long chord which bears N. 27°09'21" W. 168.09 feet;
Thence N. 20°43'18" W. 111.74 feet along said centerline to a point;
Thence S. 89°49'11" E. 20.42 feet to a point;
Thence N. 12°06'03" W. 117.00 feet to a point;
Thence N. 18"02'03" E 105.00 feet to a point;
Thence N. 39"02'03" E 301.40 feet to the southeast comer of Los Alamitos Park
Subdivision No.3, filed in Book 75 of Plats, at Pages 7748 and 7749, records of
Ada County Recorder's Office;
Thence continuing N. 39°02'03" E. 21.06 feet along the east boundary of said Los
Alamitos Park Subdivision No.3 to a point;
Thence N. 34°43'03" E 86.20 feet along said east boundary to a point;
Thence N. 40"22'33" E. 174.04 feet along said east boundary to a point;
Thence S 89°56'27" E. 54.92 feet along said east boundary to a point on the west
line of the SE Yo;
Thence N. 00"23'51" E. 669.47 feet to the northeast corner of Los Alamitos Park
No.3 Subdivision, said corner also being the northwest corner of the SE Yo (the
center Yo corner) of said Section 20;
Thence N. 89°54'42" E. 1331.62 feet to the northwest corner of the NE Yo of the SE
Yo;
Thence S. 00011'01"W. 118.03 feet along the west line of the NE Yo of the SE Yo to
a point on the centerline of the Ridenbaugh Canal;
Thence S. 85°56'06" E. 560.97 feet along said centerline to a point of curvature;
Thence along said centerline along a curve to the left 116.45 feet, said curve
having a radius of 200.00 feet, a central angle of 33"21'36", tangents of 59.93 feet,
and a long chord which bears N. 77"23'06" E. 114.81 feet to a point of tangency;
Thence N. 60°42'18" E. 121.50 feet along said centerline to a point of curvature;
Thence along said centerline along a curve to the right 222.33 feet, said curve
having a radius of 250.00 feet, a central angle of 50°57'18" tangents of 119.12 feet,
and a long chord which bears N. 86°10'57" E. 215.08 feet to a point of tangency;
Thence S. 68"20'24" E 366.30 feet along said centerline to a point on the east line
of the NE Yo of the SE 1/4;
Thence S. 00°00'14" E. 1153.84 feet to the southeast corner of the NE Yo of the SE
Yo;
Thence N. 89°50'56" W. 1336.61 feet to the southwest corner of the NE Yo of the
SE Yo;
Thence S. 00°11'31" W. 1344.49 feet to the REAL POINT OF BEGINNING of this
description;
Said parcel of land contains 121.892 acres more ore less.
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
msglZ:\WorklMlMeridian 15360MlAgreementIFARWEST THOUSAND SPRINGS DEVELOPMENT AGREEMENT.doc
DEVELOPMENT AGREEMENT
FARWEST, LLC / ANNEXATION/ZONING
THOUSAND SPRINGS SUBDMSION
PAGE
15
BEFORE THE MERIDIAN CITY COUNCIL
CITY OF MERIDIAN
FARWEST DEVELOPERS & MARTY GOLDSMITH
ANNEXATION AND ZONING
NORTH OF VICTORY AND WEST OF EAGLE ROAD
SE V. SECTION 20. T. 3N.. R. 1E.
MERIDIAN. IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above. entitled annexation and zoning application having come on for
consideration on May 12, 1998, and July 14, 1998, hearings, at the hour of 7:30 o'clock
p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and
the Planning and Zoning Commission having heard and taken oral and written testimony
and the Applicant's Representative, Becky Bowcutt, appearing in person, and having duly
considered the matter, the Planning and Zoning Commission made a recommendation of
approval. The above entitled annexation and zoning application having come on for
consideration on August 4, 1998 at the hour of 7:00 o'clock p.m. on said date, at the
Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Meridian City Council
having heard and taken written and oral testimony and the Applicant's Representative,
Becky Bowcutt, appearing in person, and having duly considered the matter, the Meridian
City Council makes the following;
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - THOUSAND SPRINGS SUBDIVISION
ANNEXATION AND ZONING
1
FINDINGS OF FACT
1. That notice of public hearing on the annexation and zoning was published for
two (2) consecutive weeks prior to the said public hearings scheduled for May 12, 1998,
and July 14, 1998 before the Planning and Zoning Commission and for August 4,1998
before the Meridian City Council, the first publication of which was fifteen (15) days prior
to said hearings; that the matter was duly considered at the May 12, 1998, and July 14,
1998, hearings before the Planning and Zoning Commission and at the August 4,1998
hearing before the Meridian City Council, that the public was given full opportunity to
express comments and submit evidence; and that copies of all notices were available to
newspaper, radio and television stations.
2.
That the property included in the application for annexation and zoning is
described in the application, and by this reference is incorporated herein; the property is
approximately 121.227 acres in size; it is in the Southeast 1/4 Section 20, Township 3
North, Range 1 East, Ada County, Idaho.
3.
That the property is presently zoned by the County RT (Rural Transition);
that the Applicant has requested that the property be zoned R-4 Residential.
4.
The general area surrounding the property is used agriculturally and
residentially; that much of the residential property in the area is zoned R-4 Residential
with some of it developed at less density than allowed in the R-4 zone; that Thousand
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
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2
Springs Subdivision will be an R-4 development.
5.
6.
7.
That the property is adjacent and abutting to the present City limits.
The Applicant, Marty Goldsmith, is the owner of record of the property.
That the property included in the annexation and zoning application is within
the Area of Impact of the City of Meridian.
8.
That the parcel of ground is included within the Meridian Urban Service
Planning Area as the Urban Service' Planning Area is defined in the Meridian
Comprehensive Plan.
9.
Residential.
10.
11.
That the Application requests that the parcel be annexed and zoned R-4
That the property can be serviced with City water.
That the public testimony given at the hearing before the Planning and
Zoning Commission was as follows.
12.
Becky Bowcutt was sworn in by the Assistant City Attorney. She noted
that the application was for annexation and zoning. Specifically, zoning the property
from Ada County's R-T designation of Rural Transition to Meridian's R-4, which is a low
density residential zone. The request is for annexation of 121.227 acres. Mrs.
Bowcutt noted that the developer is Farwest, who developed Los Alamitos and Salmon
Rapids. She noted that notification was sent to all neighbors within 300 feet of the
project. She noted that sometime in February or March the developer held a meeting
with adjacent homeowners to discuss their concerns. The developer tried to
3
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - THOUSAND SPRINGS SUBDIVISION
ANNEXATION AND ZONING
incorporate their concerns in planning the development. She noted that one request
incorporated was the relocation of the main entrance, so it aligned with Gurdner Lane.
She also noted that a fire station would be developed on the southern corner of the
development. She noted that the Martimer Family Trust requested that the right to farm
clause be incorporated into the final plat.
She noted that city sewer and water was
available through either Sherbrooke Subdivision or through Los Alamitos. She noted
that Thousand Springs will fund the other Y. of a pedestrian bridge which originated at
the Sherbrooke development. Further, the Ridenbaugh Canal will have a vehicular
connection into Three Bars Drive.
Further, Mrs. Bowcutt noted that there was acreage set aside for part of the land
needed for a future school and park site.
13.
Commissioner Johnson inquired about the length of the longest cul-de-
sac. Mrs. Bowcutt noted that the longest cul-de-sac was 450 feet. Mrs. Bowcutt noted
that another feature is the use of detached sidewalks within the project. She noted that
they would be four feet from the back of the curb. This would be done to create a
boulevard effect. She noted that Meridian staffs preference was to expand the right-
of-way to incorporate the detached sidewalk. She noted that the developer's
preference would be to leave the right-of-way at 50 feet and have the sidewalk on an
easement.
14.
Commissioner Borup inquired about adjacent land that was deeded to the
City as part of the future school and park site. Mrs. Bowcutt noted that a prior
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
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ANNEXATION AND ZONING
4
development provided part of a school site to the City of Meridian for future use.
Commissioner Borup also expressed his concem that the detached sidewalk
only left an 18 foot setback from the sidewalk.
15.
Commissioner Maccoy inquired about the well site location. Mrs. Bowcutt
noted that the best location for the site would be along the Eagle Road corridor.
16.
Commissioner Maccoy inquired about the location and sizing of the fire
house. Mrs. Bowcutt noted that the decision was based on past experience with
Whitney Fire District.
17.
Commissioner Smith inquired about the school site, particularly how much
did the City pay for it. Mrs. Bowcutt noted that "For the record, the property for the fire
station, the property for the well lot, and the property for the future school and park site
are gifts to the City.
18.
Commissioner Smith inquired about the design of the homes. Mrs. Bowcutt
noted that the design of the homes would be consistent with Salmon Rapids and Los
Alamitos.
19.
Marvin Hanson was sworn in by the Assistant City Attorney.
Mr. Hanson
noted that his home is adjacent to the development along the canal. He requested that
the homes along the canal be limited to single story and that large trees be planted to
provide a buffer between his property and the development.
20.
Gordon Harris was sworn in by the Assistant City Attorney. Mr. Harris
requested that the sewer connection go through the development close to his property
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
FARWEST DEVELOPERS - THOUSAND SPRINGS SUBDIVISION
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5
residence, East Sleep Creek near Molly's Way to allow him access to the sewer.
21.
Ruth Fritts was sworn in by the Assistant City Attorney. She noted that her
property borders the Ridenbaugh Canal. She noted that Sherbrooke Hollow Subdivision
has agreed to limit the homes that border her property to single level homes. She noted
that her home sits about 175 to 200 feet off of Victory Road. She believes if the homes
adjacent to her property were two story homes it would cut off her view of Bogus Basin
and interfere with her television reception.
Mrs. Fritts noted that since Los Alamitos Subdivision was developed, dogs have
entered into their pasture and have harrassed their own dog and cattle. She noted that
car and pedestrian traffic has increased along the Ridenbaugh Canal.
She was also
concerned about the increase in traffic along Victory Road and Eagle Road.
Mrs. Fritts
noted that she moved out to that location to live in the country and she expressed her
displeasure with the increase in subdivisions in the area.
22.
Mr. Gary Allen was sworn in by the Assistant City Attorney. Mr. Allen
noted that he was hired as legal counsel for the property north of the Ridenbaugh
Canal, owned by Mr. Jim Griffith. He noted he's not in support of or opposed to the
subdivision. He was there to gather information to inform his client about potential
future development options.
23.
Mr. Bob Fritts was sworn in by the Assistant City Attomey. Mr. Fritts
noted that he was concerned about the increase traffic volume this development will
bring along Victory Road. He feels there are serious safety issues if this development
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - THOUSAND SPRINGS SUBDIVISION
ANNEXATION AND ZONING
6
was to go forward.
24.
Nancy Hanson was sworn in by the Assistant City Attorney. Mrs. Hanson
noted that she did not believe this subdivision was in keeping with Meridian's long
range plans for development She felt that going from 121 acres with two houses to
the same acreage with 330 houses is a major change to the area. She felt the
development wold adversely impact the surrounding area. She felt the new
subdivision would have an impact on the school system, roads, police, water and
sewer. She inquired whether the Commission considered the impact on city services
that a development like this would have on the City of Meridian. Mrs. Hanson noted
that she would like to make a request that the following conditions be imposed on the
subdivision. First, larger lots as a better buffer between density and acreages.
Second, single level houses. Third, a visual screen of trees and fourth, compensation if
their well dries up.
25.
Chairman Johnson noted that the school district does get involved in
developments. They helped to develop a section of the Comprehensive Plan of the
City of Meridian.
26.
Mr. Hanson noted that the lot sizes along the canal include part of the
canal. He felt it was deceiving that the lots are listed as 15,000 square foot lots, when,
in fact, he believes they are closer to 10,000 square feet
27.
There was no further public testimony before the Planning and Zoning
Commission.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
FARWEST DEVELOPERS - THOUSAND SPRINGS SUBDIVISION
ANNEXATION AND ZONING
7
28.
The following testimony was offered at the hearing held on August 4,1998
before the Meridian City Council. Becky Bowcutt was sworn in by the Assistant City
Attorney. Mrs. Bowcutt noted the project consists of 2.71 dwelling units per acre, which
would fall under the R-4 designation. She noted that all lots exceed or meet the 8,000
square foot minimum and all the lots meet the frontage requirements. She noted that
the property is just over 121 acres with 328 buildable lots. Mrs. Bowcutt noted there
would be 8.4 acres of common area. She noted that money has been set aside for a
pedestrian bridge to connect adjoining subdivisions. She noted that a sewer profile was
completed on the project. Sewer hookup is not a concern. A well site has been
provided as part of the project. She noted that 1.41 acres has been set aside for a fire
station. She noted that the developer is working on a pressurized irrigation system that
would service all of the proposed development plus Sherbrooke Hollows and the newly
proposed Ridenbaugh Canal. There would be a fence line located five feet from the top
of the bank. The fence would be subject to Nampa Meridian Irrigation District Approval.
Mrs. Bowcutt noted that A.C.H.D. would allow their new curb to curb standard of 36
feet. She noted that it was the developers desire to have an off set sidewalk from the
back of the curb to create a four foot landscaped area. She noted that Meridian staff
requested that the Applicant use a 51 foot right of way to accommodate the sidewalk.
Mrs. Bowcutt noted that the plan as proposed would still provide an 18 foot driveway.
This would be long enough to accommodate the largest of personal vehicles. Mrs.
Bowcutt noted that she was uncomfortable with the 90 foot lot length of corner lots.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
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ANNEXATION AND ZONING
8
She felt that the way the City determines the length of those lots creates lots with large
side yards and small backyards. Mrs. Bowcutt noted the developer made every attempt
to accommodate local neighbors concerns. She believes they have addressed almost
all of the adjoining neighbors concerns.
Terry Kawakami was sworn in by the Assistant City Attorney. Mrs. Kawakami
expressed her concern that the proposed subdivision would funnel traffic into her
subdivision. She felt that the design pushed all the traffic through her subdivision. She
expressed additional concern over the access and maintenance of the Ridenbaugh
Canal. She felt that a foot bridge would only add to the traffic along the canal. She felt
that it would be a liability problem for homeowners along the canal. She felt that traffic
should be funneled out through Victory and Eagle roads and not through her
subdivision.
Bonnie Glick was sworn in by the Assistant City Attorney. She noted that the
Comprehensive Plan calls for transitional densities and comparable lot sizes in rural
areas. She noted that with all the roads and common areas, it does not appear to be
2.5 homes per acre. She expressed concern about the storm drainage and possible
contamination of her domestic well. She expressed concern about the fencing and
landscaping and expressed her desire that lighting not adversely reflect on her
property.
Nancy Hansen was sworn by the Assistant City Attorney. Mrs. Hansen noted
that her understanding of Meridian's Comprehensive Plan called for larger properties in
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - THOUSAND SPRINGS SUBDIVISION
ANNEXATION AND ZONING
9
rural areas. She noted that the Comprehensive Plan calls for transitional densities with
larger more comparable lot sizes. She noted that the current development has 12 lots
abutting her own property and that it did not appear to be transitional. She requested
that the Council require larger lots and single family dwellings adjacent to her property.
Marvin Hansen was sworn in by the Assistant City Attorney. Mr. Hansen agreed
with his wife's concern about single story homes along the Ridenbaugh Canal. He also
noted that further development would only add to an increasing foot and vehicular traffic
along the canal.
Bob Fritts was sworn in by the Assistant City Attorney. Mr. Fritts noted that when
the land for the school, well and fire station are removed, it comes out to 3.4 homes per
acre and not 2.5 homes per acre. He requested single story homes and a chain link
fence with slats be required adjacent to his property. Mr. Fritts expressed his
dissatisfaction that the City Council reviewed pictures of the project without the
Planning and Zoning Commission getting the opportunity to review the same pictures.
Becky Bowcutt noted that she would like to address some of the adjacent
neighbors concerns. She noted that the street lights would conform to Meridian City
Code. She noted that the density is based on gross acreage and the project's density
is 2.71 homes per acre. She noted a variety of lot sizes including a number of them
10,000 square feet to as much as 15,700 square feet. She noted that the development
was compatible with an already developing residential area. She noted that the
develop did a study on the storm drainage and there does not seem to be a problem.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - THOUSAND SPRINGS SUBDIVISION
ANNEXATION AND ZONING
10
She felt it would be inappropriate to dictate the type of houses in terms of the number of
stories. She felt that the decision should be left to the purchaser of the property.
Mr. Bob Fritts noted that the issue was privacy rather than his view of the
property. He felt that development would have a substantial impact on his rural
lifestyle.
Councilman Roundtree inquired of City Engineer Gary Smith to offer his opinion
of the impact the development would have on the City's infrastructure. Engineer Smith
noted that the well lot and the Nine Mile trunk extension to the project need to be
completed for the project. City Engineer Smith noted that the driveway set back is
required to park in driveways. City Engineer Smith believes corner lots should be 8%
larger and that it has always been the City's policy to split the corner to determine
frontage.
The Council discussed to some length the inclusion of a condition that in Block
14, lots 14 - 21 bè limited to single story houses. Councilman Rountree made a motion
that the City Attorney draft findings that include a condition that lots 14 - 21 in Block 14
be limited to single story detached dwellings and that all of the City Engineer's concerns
regarding right of way be properly addressed in regards to the right of way designation.
28.
Meridian Police Department, Meridian Fire Department, the Meridian City
Engineer, Ada County Street Name Committee, the Central District Health Department,
Nampa Meridian Irrigation District, Meridian School District, U. S. West and the Meridian
Planning Director, submitted comments and such are incorporated herein as if set forth in
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - THOUSAND SPRINGS SUBDIVISION
ANNEXATION AND ZONING
11
full.
29.
That the Meridian Assistant City Engineer, Bruce Freckleton, and Shari
Stiles, Planning and Zoning Administrator, specifically commented as follows:
GENERAL COMMENTS:
a.
b.
c.
Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 11-9-605.M.;
plans will need to be approved by the appropriate irrigation/drainage
district, or lateral users association, with written confirmation of said
approval submitted to the Public Works Department.
Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance
Section 5-7-517; that wells may be used for non-domestic purposes such
as landscape irrigation;
Provide five-foot-wide sidewalks in accordance with City Ordinance 11-9-
606.B.;
d.
That water service to this development is contingent upon positive results
from a hydraulic analysis by our computer model;
e.
Submit a letter from the Ada County Street Name Committee, approving
the subdivision and street names. Make any corrections necessary to
conform.
f.
Coordinate fire hydrant placement with the Meridian Public Works
Department.
g.
If possible, respond in writing to each of the comments contained in this
memorandum by 12:00 noon, May 8, 1998. Submit ten copies of the
Preliminary Plat Map with any required revisions to the City Clerk's Office
a minimum of one week prior to the hearing by the Meridian City Council.
SITE SPECIFIC COMMENTS:
a.
Sanitary sewer service to this site could be via extensions from the trunk
line system installed as part of the Los Alamitos and the proposed
Thousand Springs Subdivision. Approval of this application needs to be
contingent upon our ability to accept the additional sanitary sewage
12
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
F ARWEST DEVELOPERS-THOUSAND SPRINGS SUBDMSION
ANNEXATION AND ZONING
generated by this proposed development. Applicant will be responsible to
construct the sewer mains to and through this proposed development.
Subdivision designer to coordinate main sizing and routing with the Public
Works Department. Sewer manholes are to be provided to keep the sewer
lines on the south and west sides of centerline.
b.
Water service to this site could be via extensions of existing mains installed
in adjacent developments. Applicant will be responsible to construct the
water mains to and through this proposed development. Subdivision
designer to coordinate main sizing and routing with the Public Works
Department.
c.
Applícant has not indicated whether the pressurized irrigation system within
this development is to be owned and maintained by the homeowners
association or the Nampa & Meridian Irrigation District, nor has the source
been shown. If the system is being proposed as a private system (H.OA),
plans and specifications for the irrigation system shall be reviewed by the
Public Works Department as part of the development plan review process.
A draft copy of the Pressurized Irrigation System 0 & M manual must be
submitted prior to plan approval. The City of Meridian requires that
pressurized irrigation systems be supplied by a year round source of water.
If a creek or well source is not available, a single point connection to the
culinary water system shall be required. If a single point connection is
utilized, the developer shall be responsible for the payment of assessments
for the common areas prior to signature on the final plat by the Meridian
City Engineer.
d.
Two-hundred-fifty and one-hundred-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.
e.
A detailed landscape plan for the common areas, including fencing
locations and types of construction, shall be submitted for review and
approval with the submittal of the final plat map. A letter of credit or cash
surety will be required for the improvements prior to signature on the final
plat.
f.
Construct six-foot-high, permanent, non-combustible perimeter fencing
except where the City has expressly agreed, in writing, that such fencing is
not necessary. Fencing is to be in place prior to applying for building
permits.
13
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - THOUSAND SPRINGS SUBDIVISION
ANNEXATION AND ZONING
g.
Plat the Ridenbaugh Canal easement as a common lot to be owned and
maintained by the Thousand Springs Homeowners Association. Rear lot
lines along the Ridenbaugh Canal shall be set at the existing easement line,
unless an encroachment agreement is granted by the Nampa-Meridian
Irrigation District. A minimum of five feet from the top of bank (as
determined by the City Engineer) shall be allowed for the common lot when
fencing.
h.
The annexation description provided is not contiguous with the adjacent
Sherbooke Hollows Subdivision and should follow the centerline of the
Ridenbaugh Canal adjacent to the property north of Sherbrooke Hollows
Subdivision. Applicant shall submit a revised annexation perimeter
description for the proposed site. The legal description shall be prepared by
a Registered Land SUiveyor, Licensed by the State of Idaho, and shall
conform to all the provisions of the City of Meridian Resolution No. 158.
The legal description for annexation must place this parcel contiguous to
the existing corporate city limits.
i.
A development agreement is required for this project, as a condition of
annexation ofthe property.
j.
A vehicular bridge shall be constructed across the Ridenbaugh Canal with
the extension of E. Three Bars Drive. Ada County Highway District has
requested only a pedestrian bridge in the area of Lots 40 and 41, Block 1.
A second pedestrian bridge shall be constructed to connect to the
Sherbrooke Hollows Subdivision. Bonding for these improvements shall be
submitted with the final plat, with construction of the bridges completed prior
to obtaining building permits.
k.
There are several ditches crossing the property; however, the conceptual
engineering plan doesn't show how they will be treated. Please revise the
plan to show all proposed piping of irrigation/drainage ditches, or show that
they are to be abandoned in place. Compaction test results must be
submitted to the Meridian Building Department for all lots impacted by the
filling of said ditches.
Applicant proposes 50-foot-wide streets throughout the development; with
the four-foot-wide planting strip shown, 2 % feet of each sidewalk would be
on private property. Staff requests that the street and sidewalk
improvements in their entirety be within a minimum 55-foot-wide ACHD
right-of-way; a total right-of-way width of 57 feet would be preferred for this
configuration.
I.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - THOUSAND SPRINGS SUBDIVISION
ANNEXATION AND ZONING
14
m.
Applicant proposes 40-foot-wide landscaped planting strips along Eagle
Road and a 30-foot-wide planting strip along Victory Road, which shall be
owned and maintained by the Thousand Springs Homeowners Association.
n.
Add arrows indicating house frontage on those lots that do not meet the 80-
foot-wide frontage requirement. Frontage is determined by the line length
plus one-half of the chamfer length on comer lots.
o.
The Meridian Public Works Department requests that E. Three Bars Drive
extend to S. Indian Creek Place for water alignment.
p.
Provide temporary turnarounds at phase lines, for streets that will continue,
if longer than one lot depth from an intersection.
q.
It appears that there are three lots with landscape easements along E.
Green Canyon Drive, and along the northwest side of Lot 18, Block 7. Staff
recommends that these improvements be within a 20-foot-wide common lot,
installed by the developer and maintained by the homeowners association
for continuity and consistency of landscaping.
r.
The preliminary plat map is required to carry the stamp, signature and date
of the Professional Land Surveyor that has done the preliminary design.
s.
A variance application has been submitted for piping of the Ridenbaugh
Canal and exceeding the maximum block length of 1,000 feet.
t.
Provide a 20-foot-wide common lot through Lot 23, Block 1, to the proposed
City well lot with a blanket easement to the City of Meridian for a water
main.
u.
Re-align the rear lot lines of Lots 55-56, Block 1 to match the rear lot line of
those adjacent lots in Los Alamitos Subdivision.
v.
What does the extra line that traverses through the majority of the lots that
bound the Ridenbaugh Canal represent? This line in most cases is on the
house side of the pressurized irrigation line.
30.
That the R-4, Residential District is described in the Zoning Ordinance, 11-
2-408 B. 3. as follows:
(R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4)
District is to permit the establishment of low density single-family dwellings,
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
FARWEST DEVELOPERS - THOUSAND SPRINGS SUBDIVISION
ANNEXATION AND ZONING
15
and to delineate those areas where predominantly residential development
has, or is likely to occur in accord with the Comprehensive Plan or the City,
and to protect the integrity of residential areas by prohibiting the intrusion of
incompatible non-residential uses. The (R-4) District allows for a maximum
of four (4) dwellings units per acre and requires connection to the Municipal
Water and Sewer systems of the City of Meridian.;
that the R-4 zoning district requires a minimum of 1,400 square feet to be included in
houses in that zone; that in annexation the City may, as a condition of annexation, require
a higher minimum house size than 1,400 square feet.
31.
That.the Applicant submitted an application for preliminary plat along with
the application for annexation and zoning which application included a preliminary plat.
32.
That the land is adjacent to the land annexed and being developed as
Salmon Rapids No.1 & 2, which is now in the process of development.
33.
That the Meridian Comprehensive Plan, under Land Use, Residential
Policies, 2.1 U states as follows:
"Support a variety of residential categories (urban, rural, single-family, multi-family,
townhouses, apartments, condominiums, etc.) for the purpose of providing the City
with a range of affordable housing opportunities."
34.
That'the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3
c., it states as follows:
'Within the Urban Service Planning Area development may occur in densities as
low as 3 dwellings per acre if physical connection is made to existing City of
Meridian water and sewer service and the property is platted and subdivided. . .n
35.
That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4,
it states as follows:
"Residential development is allowed in the rural area provided that said
development does not exceed the Rural Residential Agricultural density, unless it
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
FARWEST DEVELOPERS - THOUSAND SPRINGS SUBDIVISION
ANNEXATION AND ZONING
16
is inside the Urban Service Planning Area and City sewer and water is provided,
then Low, Medium and High density residential may be considered. All residential
development must also comply with the other appropriate sections of this plan."
36,
That the Meridian Comprehensive Plan, under Population, Housing
Policies, at page 66, it states as follows:
"1,1 The City of Meridian intends to provide for a wide diversity of housing types
(single-family, modular, mobile homes, multi-family, townhouses, apartments,
condominiums."
"1.3 An open housing market for all persons, regardless of race, sex, age,
religion or ethnic background."
"1.4 The development of housing for all income groups close to employment
and shopping centers should be encouraged,"
37,
That there is a population influx into the City of Meridian at the present time
which has been going on for some time and is continuing; that the land is relatively close
to Meridian.
38,
That in 1992 the Idaho State Legislature passed amendments to the Local
Planning Act, which in 67 -6513. Idaho Code, relating to subdivision ordinances, states as
follows:
"Each such' ordinance may provide for mitigation of the effects of subdivision
development on the ability of political subdivisions. of the state, including school
districts, to deliver services without compromising quality of service delivery to
current residents or imposing substantial additional costs upon current residents to
accommodate the subdivision,";
that the City of Meridian is concerned with the increase in population that is occurring and
with its impact on the City being able to provide fire, police, emergency health care, water,
sewer, parks and recreation services to its current residents and to those moving into the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
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17
City; the City is also concerned that the increase in population is burdening the schools of
the Meridian School District which provide sChool service to current and future residents
of the City; that the City knows that the increase in population does not sufficiently
increase the tax base to offset the cost of providing fire, police, emergency health care,
water, sewer, parks and recreation services; and the City knows that the increase in
population does not provide sufficient tax base to provide for school services to current
and future students.
39.
That.pursuant to the instruction, guidance, and direction of the Idaho State
Legislature, the City may impose either a development fee or a transfer fee on residential
property, which if possible would be retroactive and apply to all residential lots in the City,
because of the imperilment to the health, welfare, and safety of the citizens of the City of
Meridian.
40.
That Section 11-9-605 C states as follows:
"Right-of-way for pedestrian walkways in the middle of long blocks may be
required where necessary to obtain convenient pedestrian circulation to schools,
parks or shopping areas; the pedestrian easement shall be at least ten feet (10')
wide."
41.
That Section 11-9-605 G 1. states as follows:
"Planting strips shall be required to be placed next to incompatible features such
as highways, railroads, commercial or industrial uses to screen the view from
residential properties. Such screening shall be a minimum of twenty feet (20')
wide, and shall not be a part of the normal street right of way or utility easement"
42.
That Section 11-9-605 H 2. states as follows:
"Existing natural features which add value to residential development and enhance
the attractiveness of the community (such as trees, watercourses, historic spots
and similar irreplaceable amenities) shall be preserved in the design of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - THOUSAND SPRINGS SUBDIVISION
ANNEXATION AN"D ZONING
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4.
5.
6.
44.
subdivision;"
43.
That Section 11-9-605 K states as follows:
"The extent and location of lands designed for linear open space corridors should
be determined by natural features and, to lesser extent, by man-made features
such as utility easements, transportation rights of way or water rights of way.
Landscaping, screening or lineal open space corridors may be required for the
protection of residential properties from adjacent arterial streets, waterways,
railroad rights of way or other features. As improved areas (landscaped), semi-
improved areas (a landscaped pathway only), or unimproved areas (left in a
natural state), linear open space corridors serve:
1.
To preserve openness;
2.
To interconnect park and open space systems within rights of way for trails,
walkways, bicycle ways;
3.
To playa major role in conserving area scenic and natural value, especially
waterways, drainages and natural habitat;
To buffer more intensive adjacent urban land uses;
To enhance local identification within the area due to the internal linkages;
and
To link residential neighborhoods, park areas and recreation facilities."
That Section 11-9-605 L states as follows:
Bicycle and pedestrian pathways shall be encouraged within new developments as
part of the public right of way or as separate easements so that an alternate
transportation system (which is distinct and separate from the automobile) can be
provided throughout the City Urban Service Planning Area. The Commission and
Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as
prepared by Ada County Highway District) when reviewing bicycle and pedestrian
pathway provisions within developments.
45.
There was no further testimony given at the hearing.
19
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - THOUSAND SPRINGS SUBDIVISION
ANNEXATION AND ZONING
CONCLUSIONS
1.
That all the procedural requirements of the Local Planning Act and of the
Ordinances of the City of Meridian have been met, including the mailing of notice to
owners of property within 300 feet of the external boundaries of the Applicant's property.
2.
That the City of Meridian has authority to annex land pursuant to 50-222,
.!.QsbQ .QQ!1.e, and Section 11-2-417 of the Revised and Compiled Ordi~ances of the City
of Meridian; that exercise of the City's annexation authority is a Legislative function.
3.
That'the City Council has judged this annexation and zoning application
under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City
Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to
itand things of which it can take judicial notice.
4.
That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been
complied with.
5.
That the City Council may take judicial notice of government ordinances,
and policies, and of actual conditions existing within the City and State.
6.
That the land within the annexation is contiguous to the present City limits
of the City of Meridian, and the annexation would not be a shoestring annexation.
7.
That the annexation application has been initiated by the Applicant with the
consent of the titled owners and the annexation is not upon the initiation of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
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ANNEXATION AND ZONING
20
Meridian.
8.
That since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. Burt vs. The City of
Idaho Falls 105 Idaho 65,665 P.D 1075 (1983).
9.
That the development of annexed land must meet and comply with the
Ordinances of the City of Meridian and in particular.Section 11-9-616, which pertains to
development time schedules and requirements, and 11-9-605 M. which pertains to the
tiling of ditches and waterways.
10.
That. the Applicant's property is in compliance with the Comprehensive
Plan, and therefore the annexation and zoning Application is in conformance with the
Comprehensive Plan.
11.
That the requirements of the Meridian City Engineer's office, including those
specifically stated in its comments and those stated herein in these Findings and
Conclusions, and of the Nampa & Meridian Irrigation District, Meridian Fire Department,
U. S. West, and the comments of the Meridian Planning and Zoning Director shall be met
and addressed in a Development Agreement.
12.
That.the Applicant will be required to connect to Meridian water and sewer
and resolve how the water and sewer mains will serve the land; that the development of
the property shall be subject to and controlled by the Subdivision and Development
Ordinance except as otherwise required herein; that, as a condition of annexation, the
Applicant shall be required to enter into a development agreement as authorized by 11-2-
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - THOUSAND SPRINGS SUBDIVISION
ANNEXATION AND ZONING
21
416 Land 11-2-417 D; that the development agreement shall address the inclusion into
the subdivision of the requirements of 11-9-605 C, G 1, H 2, K, L, M and the comments of
the Planning and Zoning Director, Shari Stiles.
That the development agreement shall, as a condition of annexation, require that
the Applicant, or if required, any assigns, heirs, executors or personal representatives,
pay, when required, any impact, development, or transfer fee, adopted by the City; that
there shall be no annexation until the requirements of this paragraph are met or, if
necessary, the property shall be subject to de-annexation and loss of City services, if the
requirements of this paragraph are not met.
13.
That the house size requirements for the R-4 district of 1,400 square feet
shall be followed and complied with.
14.
That in Block 14, lots14 through 21 be limited to single story detached
dwellings and that all of the City Engineer's concems regarding the right of way
designation be incorporated as conditions of approval of the prosed annexation.
15.
That proper and adequate access to the property is available and will have
to be maintained; that access to and from the adjacent property owners will have to be
worked out and included in the development agreement, or the property will not be
annexed or, if annexed, it will be de-annexed.
16.
That these conditions shall run with the land and bind the applicant, the
titled owner, and his assigns.
17. With compliance of the conditions contained herein, the annexation and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - THOUSAND SPRINGS SUBDIVISION
ANNEXATION AND ZONING
22
zoning of R-4 Residential, with 1,400 square foot minimum sized houses, would be in the
best interest of the" City of Meridian.
18.
That if these conditions of approval are not met the property shall be subject
to de-annexation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - THOUSAND SPRINGS SUBDIVISION
ANNEXATION AND ZONING
23
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of Fact and
Conclusions of Law.
ROLL CALL
MAYOR CORRIE
(Tie Breaker)
VOTED~
VOTED~
VOTED~.
VOTED¥
VOTED-
COUNCILMAN ANDERSON
COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
COUNCILMAN BIRD
DECISION AND RECOMMENDATION
The Meridian City Council hereby decides on approval of the annexation and
zoning as stated above in the Conclusions for the property described in the application
with the conditions set forth in the Findings of Fact and Conclusions of Law and that the
Applicant be specifically required to meet all of the Ordinances of the City of Meridian,
and the conditions of these Findings and Conclusions and that if the conditions are not
met that the property be de-annexed.
MOTION:
APPROVI¡:D: w-- -
B-13-9B-FINAL
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
FARWEST DEVELOPERS - THOUSAND SPRINGS SUBDIVISION
ANNEXATION AND ZONING
24