Cedar Springs AZ 00-019J-U-B ENGINEERS, Inc.
250 S. Beechwood Avenue
Suite 201
Boise, Idaho 83709-0944
Telephone: 208/376-7330
FAX: 208/323-9336
TO'
Will Berg, City Clerk
City of Meridian
33 E. Idaho Street
Meridian, ID 83642
GENTLEMEN:
We are sending you the following items: [] ATTACHED
[] SHOP DRAWINGS [] PRINTS
[] COPY OF LETTER [] COMPUTER DISK
LETTER OF TRANSMITTAL
I
DATE: 5/6/02 I Project No. 11746-02
PROJECT NAME: Cedar Springs Subdivision
PROJECT MANAGER: Gary A. Lee, P.E./L.S.
S :t:,T:o0me.t eeme.] E CE IVEi
MAY-6 2002
CITY OF MERIDIAN
CITY CI FRK NFl'ICE
[] UNDER SEPARATE COVER via
[] REPRODUCIBLES [] SPECIFICATIONS
[] CHANGE ORDER [] A~lreement
COPIES DATE or No.
1 5-6-02
DESCRIPTION
Signed Development Agreement from HowelI-Murdoch Development Corp.
THESE ARE TRANSMITTED AS CHECKED BELOW:
[] FOR APPROVAL [] AS REQUESTED
[] FOR YOUR USE [] FOR REVIEW AND COMMENT
[] FOR BIDS DUE
[] FOR SIGNATURE
[] RETURNED FOR CORRECTIONS
[] PRINTS RETURNED AFTER LOAN TO US
REMARKS:
Will: Enlcosed is the signed Development Agreement for Cedar Springs Annexation and
Preliminary Plat. Please have the City Council approve, sign and record it. If you have any
questions, or need additional information, please let me know. Thanks
IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE.
COPY FOR Kevin Howell, HowelI-Murdoch Develop.
Gary A. Lee, P.E./L.S., Project Manager
RECEIVED BY: I DATE:
t
PLEASE SIGN, DATE. AND RETURN COPY TO J-U-B.
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Howell-Murdoch Development Corporation,
Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this day of , , by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and HOWELL-MURDOCH DEVELOPMENT
CORPORATION, hereinafter called "OWNER"/"DEVELOPER", whose
address is 4822 N. Rosepoint Way, Suite C, Boise, Idaho 83713.
1. RECITALS:
1.1
WHEREAS, "Owners" are the sole owners, 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 "Owners" 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, "Owners" and "Developer" have submitted
an application for annexation and zoning of the
"Property"s described in Exhibit A, and has requested a
designation of (R-4) Low Density Residential District,
(Municipal Code of the City of Meridian); and
DEVELOPMENT AGREEMENT (AZ-00-019) - 1
1.5
WHEREAS, "Owners" and "DeVeloper'' made
representations at the public hearings both before the
Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the subject "Property"
will be developed and what improvements will be made;
and
1.6
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning & Zoning
Commission, and subsequently before the City Council,
include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
1.7
WHEREAS, City Council, the ~ day of ,2002,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
1.8
WHEREAS, the "Findings" require the "Owners" and
"Developer" enter into a development agreement before the
City Council takes final action on annexation and zoning
designation; and
1.9
"OWNERS" and "DEVELOPER~ deem 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 "Owners" and "Developer"
to enter into a development agreement for the purpose of
ensuring that the "Property" is developed and the
subsequent use of the "Property" is in accordance with the
terms and conditions of this development agreement,
herein being established as a result of evidence received by
DEVELOPMENT AGREEMENT (AZ-00-019) - 2
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.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1
"CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2
"OWNER"/"DEVELOPER": means and refers to Howell-
Murdoch Development Corporation, whose address is
4822 N. Rosepoint Way, Suite C, Boise, Idaho 83713, the
party developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
3.3
"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
DEVELOPMENT AGREEMENT (AZ-00-019) - 3
USES PERMITTED BY THIS AGREEMENT:
4.1
The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Meridian City Code Section 11-7-2 (C) which
are herein specified as follows:
Construction and development of 264 building lots and 31
other lots for a residential subdivision.
Development shall be consistent ~vith the Meridian
Comprehensive Plan Generalized Lane Use Map ~vhich
designates the property as Single Family Residential.
4.2
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and
"Developer" are not required to submit to "City" an application for conditional
use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
ho
"Owners" and "Developer" shall develop the "Property" in
accordance with the following special conditions:
Adopt the Recommendations of the Planning and Zoning and
Engineering staff, originally provided in their Memorandum dated February
15, 2001, as follows:
That the Applicant shall provide a minimum of five percent (5%)
common open space within the legal description boundaries. This
requirement was adopted as part of the new Landscape
Ordinance. But since the subject applications were submitted
prior to City Council adoption of the Landscape Ordinance, they
DEVELOPMENT AGREEMENT (AZ-00-019) - 4
o
°
are technically exempt from the standards in that ordinance.
However, if deemed to be in its best interest, the City can impose
higher standards than are currently adopted as ordinance as
conditions of annexation for any development requesting
annexation into the City.
The open space shall be exclusive of all street rights-of-way and
street buffers, except for right-of-way specifically dedicated for
landscaping within a subdivision. Stormwater detention facilities
must be designed in accordance with Section 11.2 of the
Landscape Ordinance in order to count toward the open space
requirement. Open space may be active or passive in its intended
use, and must be accessible by all residents of the subdivision.
Common open space shall be suitably improved for its intended
use. At a minimum, common open space lots shall include one
(1) deciduous shade tree per eight thousand (8,000) square feet
and lawn, either seed or sod.
There is 5.16% useable open space, and the stormwater facilities
shall be designed to the standards of Section 11.2 of the
Landscape Ordinance. The 5.16% includes the 35-foot buffer
along Meridian Road, the 25-foot buffer along Ustick Road, and
the 25-foot Settlers Irrigation common lots along the north
property line.
Due to the single-family uses abutting the east boundary of Lot
34, Block 1 (proposed as future office use), a minimum 20-foot
planting strip, in accordance with City Ordinance 12-4-7.A., is
required along the west property line of this lot.
A detached sidewalk with a minimum 5-foot-wide planter strip
between the curb and sidewalk shall be required along the
Meridian Road frontage.
That no subdivision infrastructure improvements can begin until
the White Drain Sewer Trunk's easements are finalized by the
City and the trunk construction schedule is finalized with the
civil contractor that is awarded the bid.
DEVELOPMENT AGREEMENT (AZ-00-019) - 5
All irrigation ditches, laterals or canals, exclusive of natural
waterways, intersecting, crossing or lying adjacent and contiguous
to the parcel shall be tiled per City Ordinance 12-4-13. Plans
shall 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 shall have to be removed from their domestic service per
City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for
non-domestic purposes such as landscape irrigation.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Sections 11-13-4.C. and 12-5-2.M.
10.
Two-hundred-fifty- and 100-watt, high-pressure sodium
streetlights will be required at locations designated by the Public
Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections
and/or fire hydrants.
11.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas in the
proposed future commercial lots. All site drainage shall be
contained and disposed of on-site.
12.
Off-street parking shall be provided in the proposed future
commercial lots in accordance with the City of Meridian
Ordinance 11-13 for use of property.
13.
Ail signage shall be in accordance with the standards set forth in
Section 11-14 of the City of Meridian Zoning and Development
Ordinance. No temporary signage, flags, banners or flashing signs
shall be permitted.
14. Provide five-foot-wide sidewalks in accordance with City
DEVELOPMENT AGREEMENT (AZ-00-019) - 6
Ordinance Section 12-5-2.K.
15.
All construction shall conform to the requirements of the
Americans with Disabilities Act.
Adopt the ACHD Recommendations as follows:
16.
Dedicate 48-feet Of right-of-way from the centerline of Meridian
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 # 193.
17.
Dedicate 48-feet of right-of-way from the centerline of Ustick
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 brealdng ground, in accordance
with Section 15 of ACHD Ordinance # 193.
18.
Any existing or proposed irrigation facilities on Ustick Road and
Meridian Road should be located outside of the new right-of-way.
19.
Construct two main entrances on Meridian Road located 270-feet
north of the south property line, and 300-feet south of the north
property line, as proposed. The roadway entrances shall be
designed with minimum 21-foot street sections on either side of a
DEVELOPMENT AGREEMENT (AZ-00-019) -7
20.
21.
center median. The median shall be constructed a minimum of
4-feet wide to total a minimum of a 100-square foot area. The
applicant is proposing to construct two outbound lanes and one
inbound lane with a median, within 64-feet of right-of-way.
Construct center turn lanes on Meridian Road for the main
entrance intersections. The turn lanes should be constructed to
provide a minimum of 100-feet of storage with shadow tapers for
both the approach and departure directions. Coordinate the
design of the turn lanes with District staff.
Construct a 5-foot wide concrete sidewalk on Meridian Road
abutting the entire parcel, located 2-feet within the new right-of-
way. Coordinate the location and elevation of the sidewalk with
District staff.
22.
Construct one main entrance on Ustick Road located at the west
property line, as proposed. The proposed entrance is located in
conformance with District policy, and the applicant shall
construct Venable Lane as one half of a 36-foot street section,
plus 12-feet of additional pavement within 42-feet of right-of-
way. The applicant is not proposing to construct a median at this
entrance.
23.
24.
Construct a center turn lane on Ustick Road for the main
entrance intersection. The turn lane shall be constructed to
provide a minimum of 100-feet of storage with shadow tapers for
both the approach and departure directions. Coordinate the
design of the turn lane with District staff.
Construct a 5-foot wide concrete sidewalk on Ustick Road
abutting the entire parcel, located 2-feet within the new right-of-
way. Coordinate the location and elevation of the sidewalk with
District staff.
25.
Construct the segment of AshtOn Drive from Meridian Road to
Elsmore Avenue as a residential collector street with no front-on
housing, because the anticipated traffic volumes exceed 1,000
DEVELOPMENT AGREEMENT (AZ-00-019) - 8
26.
27.
28.
vehicle trips per day. District policy requires that this street
segment be constructed as a 36-foot street section with curb,
gutter and 5-foot wide concrete sidewalks within 50-feet of right-
of-way. Parking shall be prohibited on this street segment.
Coordinate the signage plan with District staff. The access
restrictions for this street segment should be stated on the final
plat.
Construct the segment of Ashby Street from Meridian Road to
Alexis Avenue as a residential collector street with no front-on
housing, because the anticipated traffic volumes exceed 1,000
vehicle trips per day. District policy requires that this street
segment be constructed as a 36-foot street section with curb,
gutter and 5-foot wide concrete sidewalks within 50-feet of right-
of-way. Due to the fact that Ashby Street abuts the south
property line, the applicant should only be required to construct
one half a 36-foot street section plus 12 additional feet of
pavement within 42 feet of right-of-way. Parking shall be
prohibited on this street segment. Coordinate the signage plan
with District staff. The access restrictions for this street segment
shall be stated on the final plat.
Construct three stub streets to the north, as proposed. The
applicant should not be required to provide paved temporary
turnarounds at the end of the stub streets because the stubs are
less than 150-feet in length. The applicant should be required to
install signs at the termini of the roadway stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate
the sign plan for the stub streets with District staff. The
proposed stub streets are located:
· Between Lot 1, Block 15 and Lot 11, Block 18
· Between Lot 11, Block 15 and Lot 1, Block 13
· Between Lot 8, Block 13 and Lot 2, Block 10
Construct Ashton Lane from Meridian Road to the proposed
Venable Lane. The applicant shall not be required to provide a
paved temporary turnaround at the end of the street because the
stub is less than 150-feet in length. The applicant shall be
DEVELOPMENT AGREEMENT (AZ-00-019) - 9
29.
30.
31.
32.
33.
required to install a sign at the terminus of the proposed Ashton
Lane stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE". Coordinate the sign plan for the stub street with
District staff.
Construct Ashby Street from Meridian Road extending 1,400 feet
west to the proposed Alexis Avenue and from Greenwich Avenue
extending 1,400 feet west to the proposed Venable Lane as a 29-
foot street section within 50-feet of right-of-way, as proposed.
The applicant shall not be required to provide a paved temporary
turnaround at the end of the street because the stub is less than
150-feet in length. The applicant shall be required to install a sign
at the terminus of the proposed Ashby Street stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate
the sign plan for the stub street with District staff.
Construct Venable Lane as a local/commercial street. The
applicant shall construct Venable Lane from Ustick Road to the
north property line of the school lot as one half of a 40-foot street
section plus 12-feet of additional pavement, with curb, gutter and
5-foot wide concrete sidewalk within 42-feet of right-of-way. To
the north of the school site Venable Lane shall be constructed as
a 36-foot street section.
Any proposed landscape islands/medians within the public right-
of-way dedicated by this plat shall be owned and maintained by a
homeowners association. Notes of this should be required on the
final plat.
The applicant should be required to construct all public roads
within the subdivision as 36-foot street sections with curb, gutter,
and 5-foot wide concrete sidewalks within 50-feet of right-of-way.
The public streets within the subdivision shall be located to align
or offset a minimum of 125-feet (centerline to centerline). It
appears that the street layout is in conformance with District
policy.
DEVELOPMENT AGREEMENT (AZ-00-019) - 10
34.
The turnarounds shall be constructed to provide a minimum
turning radius of 45-feet.
35.
Provide a $30,000 deposit to the Public Rights-of-Way Trust
Fund for the cost of one-quarter of a traffic signal at the
intersection of Ustick Road and Meridian Road.
36.
Other than the proposed public streets, direct lot or parcel access
to Ustick Road and Meridian Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on
the final plat.
37.
Comply with the Standard Requirements (9) listed in ACHD's
Planning and Development Division Development Application
Report dated December 12,2001.
Adopt the Recommendations of the Meridian Fire Department as
follows:
38.
That a fire-flow of 1,000 gallons per minute be available to
service the entire proiect. Fire hydrants shall be placed an
average of 400' part.
39.
Operational fire hydrants and temporary or permanent street
signs are required before combustible construction begins.
40.
Acceptance of the water supply for fire protection is contingent
upon acceptance of the water system by the Meridian Water for
water quality.
41.
Final approval of the fire hydrant locations shall be by the
Meridian Fire Department.
42. All radii shall be 28' inside and 48' outside radius.
43.
Insure that all yet undeveloped parcels are maintained free of
combustible vegetation.
DEVELOPMENT AGREEMENT (AZ-00-019) - 11
Additionally, the applicant shall comply with the action of the City
Council taken at their February 19, 2002 meeting as follows:
44.
Based upon testimony, and the widely recognized need for
infrastructure improvements in the North Meridian Planning area
sooner, rather than later, especially as it respects large
developments, the Owner/Developer, as a condition of annexation
and zoning, shall participate in the negotiations with Ada County
Highway District, and shall become a party to any eventual
agreements worked out by the Developer/ACHD Group.
Therefore, as a condition of annexation, and as a condition of the
Development Agreement, Applicant shall participate in any road
infrastructure in the North Meridian Planning area agreements
negotiated with ACHD and shall faithfully perform the terms of
such agreement or agreements.
45.
That no building permits shall be issued until the sewer is
constructed and connected to the Wastewater Treatment Plant.
46.
The Parks Department agrees to pay for four feet of the road on
the northern boundary which abuts the City park, and pay for
the curb and gutter for a total cost of approximately $13,500.00,
per ACHD.
47.
Applicant shall be responsible to construct sewer mains to and
through the proposed development which shall include stubbing
to the south boundary of the development. Sewer manholes are
to be provided to keep the sewer lines on the south and west
sides of the centerline.
48.
That the Developer shall extend Venable Lane north from Ustick
Road, and dedicate their one-half of Venable Lane on the east
side to provide a full residential collector wide street from Ustick
to the nOrth, and which will line up with the existing Venable
Lane property.
DEVELOPMENT AGREEMENT (AZ-00-019) - 12
7. COMPLIANCE PERIOD/CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Owners"
and"Developer" or "Owners" and 'Developer"'s heirs, successors, assigns, to
comply with Section 6 entitled "Conditions Governing Development" of
subject "Property" of this agreement within two years of the date this
Agreement is effective, and after the "City" has complied with the notice and
hearing procedures as outlined in I.C. {}67-6509, or any subsequent
amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owners" and "Developer" consent 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:
8.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Owners" and "Developer"
and if the "Owners" and "Developer" fails to cure such
failure within six (6) months of such notice.
9. INSPECTION: "Owners" and "Developer" shall, immediately
upon completion of any portion or the entirety of said development of the
"Property" as required by this agreement or by City ordinance or policy, notify
the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance
with the terms and conditions of this Development Agreement and all other
ordinances of the "City" that apply to said Development.
10. DEFAULT:
10.1
In the event "Owners" and"Developer", "Owners" and
"Developer"'s heirs, successors, assigns, or subsequent
owners of the "Property" or any other person acquiring an
interest in the "Property", fail to faithfully comply with all
of the terms and conditions included in this Agreement in
connection with the "Property", this Agreement may be
DEVELOPMENT AGREEMENT (AZ-00-019) - 13
modified or terminated by the "City" upon compliance
with the requirements of the Zoning Ordinance.
10.2
A waiver by "City" of any default by "Owners" and
"Developer" of any one or more of the covenants or
conditions hereof shall apply solely to the breach and
breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of
any such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Owners" and "Developer"'s cost, and submit proof of such
recording to "Owners" and "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.
12. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Owners" and "Developer", or by
any successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
13.1
In the event of a material breach of this Agreement, the
parties agree that "City" and "Owners" 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
DEVELOPMENT AGREEMENT (AZ-00-019) - 14
(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.
13.2
In the event the performance of any covenant to be
performed hereunder by either "Owner" and "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.
14. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that
installation of the improvements, which the "Owners" and "Developer" agrees
to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owners" and
"Developer" agrees that no Certificates of Occupancy will be issued until all
improvements are completed, unless the "City" and "Owners" and "Developer"
have entered into an addendum agreement stating when the improvements will
be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not
been installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owners "and
"Developer" agrees to abide by all ordinances of the City of Meridian and the
"Property" shall be subject to de-annexation if the owner or his assigns, heirs,
or successors shall not meet the conditions contained in the Findings of Fact
and Conclusions of Law, this Development Agreement, and the Ordinances of
the City of Meridian.
DEVELOPMENT AGREEMENT (AZ-00-019) - 15
17. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Howell-Murdoch Development
Corporation
4822 N. Rosepoint Way, Suite C
Boise, Idaho 83713
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
17.1
A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
18. ATTORNEY FEES: Should any litigation be 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.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
DEVELOPMENT AGREEMENT (AZ-00-019) - 16
20. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and 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 "Owners" and "Developer", to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable
discretion, had determined that "Owners" and "Developer" has fully performed
its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owners"
and "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 "Owners" and "Developer" and "City", other than
as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to
a duly adopted ordinance or resolution of "City".
22.1
No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the "City" has
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
DEVELOPMENT AGREEMENT (AZ-00-019) - 17
amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-00-019) - 18
ACIr~IOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNER/DEVELOPMENT:
HOWELL-MURDOCH DEVELOPMENT
CORPORATION, DEVELOPER
/KEVIN HOWELL, PRESIDENT
CITY OF MERIDIAN
BY:
MAYOR ROBERT D. CORRIE
Attest:
CITY CLERK
DEVELOPMENT AGREEMENT (AZ-00-019) - 19
STATE OF IDAHO)
:SS
COUNTY OF ADA)
On this /x ~
day of f14~// , in the year
2002, before me, J,~vry ~). /a} ~t,-I~ a Notary Public,
personally appeared Kevin Howell, known or identified to me to be the
President of Howell-Murdoch Development Corporation, who executed the
instrument on behalf of said corporation and acknowledged to me that he
exeCuted the same on behalf of said corporation.
Residing at: ~ a% /,46
Commission expires:
STATE OF IDAHO )
:SS
County of Ada )
On this day of , in the year 2002,
before me, 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.
(SEAL)
Notary Public for Idaho
Commission expires:
DEVELOPMENT AGREEMENT (AZ-00-019) - 20
EXHIBIT A
Legal Description Of Property
A parcel of land being a portion of the SE 1/4, Section 36, T.4N.,
R. 1W., B.M., Meridian, Ada County, Idaho, more particularly
described as follows:
Beginning at a found 1/2" iron pin marking the Southwest corner of
said SE 1/4, Section 36 (South 1/4 corner), THE REAL POINT OF
BEGINNING;
thence South 89019'43'' East 462.63 feet (formerly South 89°20'51"
East), along the Southerly line of said SE 1/4, Section 36, and along
the center line of Ustick Road, to a set 5/8" iron pin and cap
marking the most Southwesterly corner of those lands excepted
from Parcel 1, as it is described in Quitclaim Deed Instrument No.
99123670, Records of Ada County, Idaho, from which corner a
found 3-1/4" Ada County Engineer Aluminum Cap, monumenting
the Southeast corner of said Section 36 bears South 89°19'43" East,
2,199.57 feet, as shown on that certain Record of Survey No. 4958,
recorded April 21, 2000, as Instrument No. 100030102, Records of
Ada County, Idaho;
thence leaving said Southerly line and said center line North
00°28'24" East, 258.01 feet along the Southerly extension of a an
existing North-South fence line, to a slight angle point in said fence
line;
thence North 01°18'10'' East, 105.78 feet along said fence line;
thence North 01°59'18'' East, 79.41 feet to an angle point in said
fence;
thence South 88035'37'' East, 4.11 feet along an East-West fence
line to a found 5/8 inch iron pin and cap PLS 8248, being an angle
point in the Westerly boundary of said excepted lands from Parcel
1 of Instrument No. 99123670;
DEVELOPMENT AGREEMENT (AZ-00-019) - 21
thence continuing South 88035'37'' East, 129.61 feet along a jog in
said Westerly boundary of those excepted lands, to a found 1/2" iron
pin;
thence North 01°25'10'' East, 886.69 feet (formerly North
01024'08" East, 886.62 feet), along said Westerly line of those
excepted lands, to a set 5/8" iron pin and cap, marking the
Northwest corner of said excepted lands, being a point on the
Southerly line of the N xA, SE 1/4, Section 36, from which point a
found ~/~" iron pin marking the SE 1/16 corner of said Section 36,
bears South 89014'39" East, 52.99 feet (formerly South 89015'45"
East);
thence South 89014'39'' East, 1,596.37 feet (formerly South
89°15'45' East, 1,596.29 feet), along said Southerly line, to a found
5/8" iron pin marking the Northeast corner of a parcel of land, as it
is described in Book 181 of Deeds at page 67, Records of Ada
County, Idaho;
thence South 00°51'23" West, 200.59 feet (formerly South
00°50'16'' West), to a found 5/8" iron pin marking the Southeast
corner of said parcel of land Book 181, page 67;
thence South 89010'45'' East, 435.10 feet (formerly South
89012'23" East, 435.18 feet), to a found 5/8" iron pin marking a
point on the Westerly right-of-way of Meridian Road;
thence continuing South 89°10'45" East, 25.00 feet to a point on
the Easterly line of said SE1/4, Section 36, also being the centerline
of Meridian Road;
thence North 00°51 '23" East, 1,526.16 feet (formerly North
00°50'16" East) along said Easterly line and said centerline, to a
found 5/8" iron pin and cap marking the NE corner of said SE 1/4,
Section 36 (East V4 corner);
thence North 89009'38'' West, 25.00 feet (formerly North
89010'42" West) along the Northerly line of said SE 1/4, Section 36
DEVELOPMENT AGREEMENT (AZ-00-019) - 22
to a set 5/8" iron pin and cap on said Westerly right-of-way of
Meridian Road;
thence continuing North 89009'38'' West, 2,655.40 feet along said
Northerly line, to the Northwest comer of said SE 1/4, Section 36
(Center 1/4 corner), from which corner a set 5/8" iron pin and cap (a
witness corner), bears South 00°27'49" West, 15.00 feet;
thence South 00027'49'' West, 2,657.96 feet (formerly South
00026'40" West), along the Westerly line of said SE 1/4, Section 36
to the REAL POINT OF BEGINNING;
Containing an area of 100.71 acres, more or less.
DEVELOPMENT AGREEMENT (AZ-00-019) - 23
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
Z:\Work~vlW[eridian~Meridian 153601V~Cedar Spgs (2002) AZ00-019 PP00.018~DevelopAgr.doc
DEVELOPMENT AGREEMENT (AZ-00-019) - 24
BEFORE THE MERIDIAN CITY COUNCIL
C/C 02-19-02
IN THE MATTER OF THE )
APPLICATION OF KEVIN )
HOWELL DEVELOPMENT, )
THE APPLICATION FOR )
ANNEXATION AND ZONING )
OF 100.71 ACRES FOR THE )
REVISED CEDAR SPRINGS )
SUBDMSION, LOCATED )
NORTHWEST OF N. )
MERIDIAN ROAD AND WEST )
USTICK ROAD, MERIDIAN, )
IDAHO )
Case No. AZ-00-019
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 December 4, 2001, and continued until February 19, 2002, at the
hour of 6:30 p.m., and Shari Stiles, Planning and ZOning Administrator, Gary Smith,
Public Works Director, Tom Kuntz, Parks and Recreation Director, and Gary Lee
with J-U-B Engineers, Inc., and Joe Siminich, appeared and testified, and the City
Council having duly considered the evidence and the record in this matter therefore
mai<es the following Findings of Fact and Condusions 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/REVISED CEDAR SPRINGS
(AZ-00-019)
1. 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
2. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance Establishing the Impact Area Boundary.
3. The property which is the subject to the application for annexation and
zoning is described in the application, and is approximately 100.71 acres in size, is
located northwest of N. Meridian Road and West Ustick Road, all within the Area of
Impact of the City of Meridian and the Meridian Urban Service Planning Area.
4. The owner of record of the subject property is the Leslie Family Trust
and Moore Family Trust of Eagle, Idaho; and the applicant is Kevin Howell
Development of Boise, Idaho.
4. The property is presently zoned by Ada County as RUT.
5. The Applicant requests the property be zoned as R-4, with the intent to
develop 264 building lots and 31 other lots for a residential subdivision, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
(Az-00-019)
FINDINGS OF FACT
and 11-16-1.
designates the subject property as Single Family Residential.
7. The subject property is bordered to the north, east and west by Ada
County RUT zoning, and to the south by agricultural land for the proposed City
Park, zoned Limited Office.
8. There are no significant or scenic features of major importance that
affect the consideration of this application.
9. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Recommendations of the Planning and Zoning and Engineering
staff, originally provided in their Memorandum dated February 15, 2001, as follows:
1. Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
2. A condition of the Annexation/Development Agreement shall be that
the Applicant provide a minimum of five percent (5%) common open
space within the legal description boundaries. This requirement was
adopted as part of the new Landscape Ordinance. But since the subject
applications were submitted prior to City Council adoption of the
Landscape Ordinance, they are technically exempt from the standards in
that ordinance. However, if deemed to be in its best interest, the City
can impose higher standards than are currently adopted as ordinance as
conditions of annexation for any development requesting annexation
into the City.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
(AZ-O0-019)
The open space shall be exclusive of all street rights-of-,vay and street
buffers, except for right-of-,vay specifically dedicated for landscaping
within a subdivision. Stormwater detention facilities must be designed
in accordance with Section 11.2 of the Landscape Ordinance in order to
count toward the open space requirement. Open space may be active or
passive in its intended use, and must be accessible by all residents of the
subdivision. Common open space shall be suitably improved for its
intended use. At a minimum, common open space lots shall include one
(1) deciduous shade tree per eight thousand (8,000) square feet and
lawn, either seed or sod.
There is 5.16% useable open space, and the stormwater facilities shall
be designed to the standards of Section I 1.2 of the Landscape
Ordinance. The 5.16% includes the 35-foot buffer along Meridian
Road, the 25-foot buffer along Ustick Road, and the 25-foot Settlers
Irrigation common lots along the north property line.
o
Due to the single-family uses abutting the east boundary of Lot 34,
Block 1 (proposed as future office use), a minimum 20-foot planting
strip, in accordance with City Ordinance 12-4-7.A., is required along the
west property line of this lot and shall be a condition attached to this
property in the Development Agreement.
o
A detached sidewalk with a minimum 5-foot-~vide planter strip between
the curb and sidewalk shall be required along the Meridian Road
frontage.
o
A condition in the Development Agreement shall be that no subdivision
infrastructure improvements can begin until the White Drain Sewer
Trunk's easements are finalized by the City and the trunk construction
schedule is finalized with the civil contractor that is awarded the bid.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
(AZ-00-019)
o
10.
11.
12.
13.
14.
15.
16.
Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Sections 11-13-4.C. and 12-5-2.M.
Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights svill
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.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for ail off-street parking areas in the proposed
future commercial lots. All site drainage shall be contained and disposed
of on-site.
Off-street parking shall be provided in the proposed future commercial
lots in accordance with the City of Meridian Ordinance 11-13 for use of
property.
All signage shall be in accordance with the standards set forth in Section
11-14 of the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs shall be permitted.
Provide five-foot-wide sidewallcs in accordance with City Ordinance
Section 12-5-2.K.
All construction shall conform to the requirements of the Americans
with Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
(AZ-00-019)
Adopt the ACHD Recommendations as follows:
17.
Dedicate 48-feet of right-of-way from the centefline of Meridian 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 o,vner 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 #193.
18.
Dedicate 48-feet of fight-of-way from the centerline of Ustick 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. Allosv 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 breal4ng ground, in accordance
with Section 15 of ACHD Ordinance # 193.
19.
Any existing or proposed irrigation facilities on Ustick Road and
Meridian Road should be located outside of the new right-of-way.
20.
Construct two main entrances on Meridian Road located 270-feet north
of the south property line, and 300-feet south of the north property
line, as proposed. The roadway entrances shall be designed with
minimum 21-foot street sections on either side of a center median. The
median shall be constructed a minimum of 4-feet wide to total a
minimum of a 100-square foot area. The applicant is proposing to
construct two outbound lanes and one inbound lane with a median,
within M-feet of right-of-way.
21.
Construct center turn lanes on Meridian Road for the main entrance
intersections. The turn lanes should be constructed to provide a
minimum of 100-feet of storage with shado~v tapers for both the
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
(AZ-00-019)
22.
approach and departure directions. Coordinate the design of the turn
lanes with District staff.
Construct a 5-foot wide concrete sidewalk on Meridian Road abutting
the entire parcel, located 2-feet within the ne~v right-of-way. Coordinate
the location and elevation of the sidewalk ~vith District staff.
23.
24.
25.
26.
27.
Construct one main entrance on Ustick Road located at the west
property line, as proposed. The proposed entrance is located in
conformance with District policy, and the applicant shall construct
Venable Lane as one half of a 36-foot street section, plus 12-feet of
additional pavement within 42-feet of ~ht-of-way. The applicant is
not proposing to construct a median at this entrance.
Construct a center turn lane on Ustick Road for the main entrance
intersection. The turn lane shall be constructed to provide a minimum
of 100-feet of storage with shadow tapers for both the approach and
departure directions. Coordinate the design of the turn lane with
District staff.
Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the
entire parcel, located 2-feet within the new right-of-way. Coordinate the
location and elevation of the sidewalk with District staff.
Construct the segment of Ashton Drive from Meridian Road to Elsmore
Avenue as a residential collector street with no front-on housing,
because the anticipated traffic volumes exceed 1,000 vehicle trips per
day. District policy requires that this street segment be constructed as a
36-foot street section with curb, gutter and 5-foot wide concrete
sidewalks within 50-feet of right-of-way. Parldng shall be prohibited on
this street segment. Coordinate the signage plan with District staff.
The access restrictions for this street segment should be stated on the
final plat.
Construct the segment of Ashby Street from Meridian Road to Alexis
Avenue as a residential collector street with no front-on housing,
because the anticipated traffic volumes exceed 1,000 vehicle trips per
day. District policy requires that this street segment be constructed as a
36-foot street section with curb, gutter and 5-foot wide concrete
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
(AZ-00-019)
side~valks within 50-feet of right-of-way. Due to the fact that Ashby
Street abuts the south property line, the applicant should only be
required to construct one half a 36-foot street section plus 12 additional
feet of pavement ~vithin 42 feet of right-of-way: Parldng shall be
prohibited on this street segment. Coordinate the signage plan ~vith
District staff. The access restrictions for this street segn~ent shall be
stated on the final plat.
28.
Construct three stub streets to the north, as proposed. The applicant
should not be required to provide paved temporary turnarounds at the
end of the stub streets because the stubs are less than 150-feet in length.
The applicant should be required to install signs at the termini of the
roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE". Coordinate the sign plan for the stub streets with District
staff. The proposed stub streets are located:
· Between Lot 1, Block 15 and Lot 11, Block 18
· Between Lot 11, Block 15 and Lot 1, Block 13
· Between Lot 8, Block 13 and Lot 2, Block 10
29.
Construct Ashton Lane from Meridian Road to the proposed Venable
Lane. The applicant shall not be required to provide a paved temporary
turnaround at the end of the street because the stub is less than 150-
feet in length. The applicant shall be required to install a sign at the
terminus of the proposed Ashton Lane stating that, "THIS ROAD WILL
BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the
stub street with District staff.
30¸.
Construct Ashby Street from Meridian Road extending 1,400 feet west
to the proposed Alexis Avenue and from Greenwich Avenue extending
1,400 feet west to the proposed Venable Lane as a 29-foot street section
within 50-feet of right-of-way, as proposed. The applicant shall not be
required to provide a paved temporary turnaround at the end of the
street because the stub is less than 150-feet in length. The applicant
shall be required to install a sign at the terminus of the proposed Ashby
Street stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE". Coordinate the sign plan for the stub street with District
staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
(Az-00-0 9)'
31.
Construct Venable Lane as a local/commercial street. The applicant
shall construct Venable Lane from Ustick Road to the north property
line of the school lot as one half of a 40-foot street section plus 12-feet
of additional pavement, with curb, gutter and 5-foot wide concrete
sidewalk within 42-feet of right-of-way. To the north of the school Site
Venable Lane shall be constructed as a 36-foot street section.
32.
Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat shall be owned and maintained by a homeo,vners
association. Notes of this should be required on the final plat.
33.
The applicant should be required to construct all public roads within
the subdivision as 36-foot street sections with curb, gutter, and 5-foot
wide concrete sidewalks within 50-feet of right-of-way.
34.
The public streets within the subdivision shall be located to align or
offset a minimum of 125-feet (centerline to centefline). It appears that
the street layout is in conformance with District policy.
35.
The turnarounds shall be constructed to provide a minimum turning
radius of 45-feet.
36.
Provide a $30,000 deposit to the Public Rights-of-Way Trust Fund for
the cost of one-quarter of a traffic signal at the intersection of Ustick
Road and Meridian Road.
37.
Other than the proposed public streets, direct lot or parcel access to
Ustick Road and Meridian Road is prohibited. Lot access restrictions,
as required with this application, shall be stated on the final plat.
38.
Comply with the Standard Requirements (9) listed in ACHD's Planning
and Development Division Development Application Report dated
December 12, 2001.
Adopt the Recommendations of the Meridian Fire.Department as follows:
39.
That a fire-flow of 1,000 gallons per minute be available to service the
entire project. Fire hydrants shall be placed an average of 't00' part.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
(AZ-O0-O 19)
40.
41¸.
42.
43.
Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins.
Acceptance of the water supply for fire protection is contingent upon
acceptance of the water system by the Meridian Water for ~vater
quality.
Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
All radii shall be 28' inside and 48' outside radius.
44.
Insure that all yet undeveloped parcels are maintained free of
combustible vegetation.
AdditionallY, the applicant shall comply with the action of the City Council
taken at their February 19, 2002 meeting as follows:
45.
Based upon testimony, and the widely recognized need for
infrastructure improvements in the North Meridian Planning area
sooner, rather than later, especially as it respects large developments, the
Owner/Developer, as a condition of annexation and zoning, shall
participate in the negotiations with Ada County Highway District, and
shall become a party to any eventual agreements worked out by the
Developer/ACHD Group.
Therefore, as a condition of annexation, and as a condition of the
Development Agreement, Applicant shall participate in any road
infrastructure in the North Meridian Planning area agreements
negotiated with ACHD and shall faithfully perform the terms of such
agreement or agreements.
46.
That no building permits shall be issued until the sewer is constructed
and connected to the Wastewater Treatment Plant.
47.
The Parks Department agrees to pay for four feet of the road on the
northern boundary which abuts the City park, and pay for the curb and
gutter for a total cost of approximately $13,500.00, per ACHD.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
(, z-oo-o 19)
48. Applicant shall be responsible to construct sewer mains to and through
the proposed development which shall include stubbing to the south
boundary of the development. Sewer manholes are to be provided to
keep the sewer lines on the south and west sides of the centerline.
49. That the Developer shall extend Venable Lane north from Ustick Road,
and dedicate their one-half of Venable Lane on the east side to provide a
full residential collector wide street from Ustick to the north, and which
will line up with the existing Venable Lane property.
10. 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. 9, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, a condition of annexation and zoning designation.
11. It is also found that the development considerations as referenced in
Finding No. 9 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 ~vith 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. But,
additional landscaping buffers and design features will be required to make the
proposed use more harmonious with the general vicinity and to comply with City
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
(, z-oo-o ] 9)
Ordinances.
12. It is found that the zoning of the subject real property as Low Density
Residential District (R-4) requires connection to the Municipal Water and Sewer
systems and will be compatible with the Applicant's development intentions, and will
assure that the zoning is consistent 5vith the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Single Family
Residential.
13. 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.
14. The property can be physically serviced with City water and sewer, since
the applicant has extended the lines.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may
annex real property that is within the Meridian Urban Service Planning Area as set
forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
(AZ-00-019)
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 Goals 1 through 10, inclusive.
5. The zoning of Low Density Residential District (R-4) is defined in
the Zoning Ordinance at § 11-7-2 C as follows:
(R-4) Low Density Residential District: Only single-family dwellings shall be
permitted and no conditional uses shall be permitted except for planned
residential development and public schools. The purpose of the R-4 District is to
permit the establishment of low density single-family dwellings, and to delineate
those areas where predominately residential development has, or is likely to occur
in accord with the Comprehensive Plan of the City, and to protect the integrity
of residential areas by prohibiting the intrusion of incompatible nonresidential
uses. The R-4 District allows for a maximum of four (4) dwelling units per acre
and requires connection to the Municipal water and sewer systems of the City.
6. Since the annexation and zoning of land is a legislative function, the City
has authority to place conditions upon the annexation of land. See Burt vs. The CiW 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-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
] 9)
4 ~vhich 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, and Zoning and Subdivision and Development Ordinance
of the City of Meridian.
9. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance
the owner and/or developer shall enter into a Development Agreement, if such is
required by the City.
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 100.71
acres to Low Density Residential District (R-4) is granted subject to the terms and
conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 100.71 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to met the conditions set forth and in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
(AZ-00-019)
event the conditions herein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development, to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering
staff, originally provided in their Memorandum dated February 15,2001, as follows:
Applicant shall be required to enter into a Development Agreement ~vith
the City as a condition of annexation.
A condition of the Annexation/Development Agreement shall be that
the Applicant provide a minimum of five percent (5%) common open
space within the legal description boundaries. This requirement was
adOpted as part of the new Landscape Ordinance. But since the subject
applications were submitted prior to City Council adoption of the
Landscape Ordinance, they are technically exempt from the standards in
that ordinance. However, if deemed to be in its best interest, the City
can impose higher standards than are currently adopted as ordinance as
conditions of annexation for any development requesting annexation
into the City.
The open space shall be exclusive of all street rights-of-way and street
buffers, except for right-of-way specifically dedicated for landscaping
within a subdivision. Stormwater detention facilities must be designed
in accordance with Section 11.2 of the Landscape Ordinance in order to
count toward the open space requirement. Open space may be active or
passive in its intended use, and must be accessible by all residents of the
subdivision. Common open space shall be suitably improved for its
intended use. At a minimum, common open space lots shall include one
(1) deciduous shade tree per eight thousand (8,000) square feet and
lawn, either seed or sod.
There is 5.16% useable open space, and the stormwater facilities shall
be designed to the standards of Section 11.2 of the Landscape
Ordinance. The 5.16% includes the BS-foot buffer along Meridian
Road, the 25-foot' buffer along Ustick Road, and the 25-foot Settlers
Irrigation common lots along the north property line.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
(AZ-00-0 ! 9)
Due to the single-family uses abutting the east boundary of Lot 34,
Block 1 (proposed as future office use), a minimum 20-foot'planting
strip, in accordance 5vith City Ordinance 12-4-7.A., is required along the
5vest property line of this lot and shall be a condition attached to this
property in the Development Agreement.
o
A detached sidesvalk with a minimum 5-foot-~vide planter strip bet~veen
the curb and sidewalk shall be required along the Meridian Road
frontage.
o
A condition in the Development Agreement shall be that no subdivision
infrastructure improvements can begin until the White Drain Sewer
Trunk's easements are finalized by the City and the trunk construction
schedule is finalized with the civil contractor that is awarded the bid.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall 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
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation. '
10.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Sections 11-13-4.C. and 12-5-2.M.
11.
Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights ~vill
be required at locations designated by the Public Worlcs Department.
All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fii'e hydrants.
12.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
(Az-oo-o 19)
(Ord. 557, 10-1-91) for all off-street parking areas in the proposed
future commercial lots. Ail site drainage shall be contained and disposed
of on-site.
13.
Off-street parking shall be provided in the proposed future commercial
lots in accordance with the City of Meridian Ordinance 11-13 for use of
property.
Ail signage shall be in accordance with the standards set forth in Section
11-14 of the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs shall be permitted.
15.
Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
16.
Ail construction shall conform to the requirements of the Americans
with Disabilities Act.
AdoPt the ACHD Recommendations as follows:
17. Dedicate 48-feet of right-of-way from the centefline of Meridian 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 # 193.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
(AZ-00-019 )
18.
Dedicate 48-feet of right-of-way from the centerline of Ustick 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), 5vhichever 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-svay 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.
19.
Any existing or proposed irrigation facilities on Ustick Road and
Meridian Road should be located outside of the new right-of-way.
20.
Construct two main entrances on Meridian Road located 270-feet north
of the south property line, and 300-feet south of the north property
line, as proposed. The roadway entrances shall be designed with
minimum 21-foot street sections on either side of a center median. The
median shall be constructed a minimum of 4-feet wide to total a
minimum of a 100-square foot area. The applicant is proposing to
construct two outbound lanes and one inbound lane with a median,
within 64-feet of right-of-way.
21.
Construct center turn lanes on Meridian Road for the main entrance
intersections. The turn lanes should be constructed to provide a
minimum of 100-feet of storage with shadow tapers for both the
approach and departure directions. Coordinate the design of the turn
lanes with District staff.
22.
Construct a 5-foot wide concrete sidewalk on Meridian Road abutting
the entire parcel, located 2-feet within the new right-of-~vay. Coordinate
the location and elevation of the sidewalk with District staff.
23.
Construct one main entrance on~Ustick Road located at the west
property line, as proposed. The proposed entrance is located in
conformance with District policy, and the applicant shall construct
Venable Lane as one half of a 36-foot street section, plus 12-feet of
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
(AZ-00-0 t 9)
24.
25.
26.
27.
28.
additional pavement within 42-feet of right-of-way. The applicant is
not proposing to construct a median at this entrance.
Construct a center turn lane on Ustick Road for the main entrance
intersection. The turn lane shall be constructed to provide a minimum
of 100-feet of storage with shadow tapers for both the approach and
departure directions. Coordinate the design of the turn lane with
District staff.
Construct a 5-foot svide concrete sidewalk on Ustick Road abutting the
entire parcel, located 2-feet within the new right-of-way. Coordinate the
location and elevation of the sidewalk with District staff.
Construct the segment of Ashton Drive from Meridian Road to Elsmore
Avenue as a residential collector street with no front-on housing,
because the anticipated traffic volumes exceed 1,000 vehicle trips per
day. District policy requires that this street segment be constructed as a
36-foot street section with curb, gutter and 5-foot wide concrete
sidewalks within 50-feet of right-of-way. Parking shall be prohibited on
this street segment. Coordinate the signage plan with District staff.
The access restrictions for this street segment should be stated on the
final plat.
Construct the segment of Ashby Street from Meridian Road to Alexis
Avenue as a residential collector street with no front-on housing,
because the anticipated traffic volumes exceed 1,000 vehicle trips per
day. District policy requires that this street segment be constructed as a
36-foot street section with curb, gutter and 5-foot wide concrete
sidewalks within 50-feet of right-of-way. Due to the fact that Ashby
Street abuts the south property line, the applicant should only be
required to construct one half a 36-foot street section plus 12 additional
feet of pavement within 42 feet of right-of-way. Parking shall be
prohibited on this street segment. Coordinate the signage plan with
District staff. The access restrictions for this street segment shall be
stated on the final plat.
Construct three stub streets to the north, as proposed. The applicant
should not be required to provide paved temporary turnarounds at the
end of the stub streets because the stubs are less than 150-feet in length.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
( Az-oo-o 9)
The applicant should be required to install signs at the termini of the
roadsvay stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE". Coordinate the sign plan for the stub streets with District
staff. The proposed stub streets are located:
· Between Lot 1, Block 15 and Lot I 1, Block 18
· Between Lot 11, Block'15 and Lot 1, Block 13
· Between Lot 8, Block 13 and Lot 2, Block 10
29.
Construct Ashton Lane from Meridian Road to the proposed Venable
Lane. The applicant shall not be required to provide a paved temporary
turnaround at the end of the street because the stub is less than 150-
feet in length. The applicant shall be required to install a sign at the
terminus of the proposed Ashton Lane stating that, "THIS ROAD WILL
BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the
stub street with District staff.
30.
Construct Ashby Street from Meridian Road extending 1,400 feet west
to the proposed Alexis Avenue and from Greenwich Avenue extending
1,400 feet west to the proposed Venable Lane as a 29-foot street section
within 50-feet of right-of-way, as proposed. The applicant shall not be
required to provide a paved temporary turnaround at the end of the
street because the stub is less than 150-feet in length. The applicant
shall be required to install a sign at the terminus of the proposed Ashby
Street stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE". Coordinate the sign plan for the stub street with District
staff.
31.
Construct Venable Lane as a local/commercial street. The applicant
shall construct Venable Lane from Ustick Road to the north property
line of the school lot as one half of a 40-foot street section plus 12-feet
of additional pavement, with curb, gutter and 5-foot wide concrete
sidewalk within 42-feet of right-of-way. To the north of the school site
Venable Lane shall be constructed as a 36-foot street section.
32.
Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat shall be owned and maintained by a homeowners
association. Notes of this should be required on the final plat.
33. The applicant should be required to construct all public roads within
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
(AZ-O0-O 19)
34.
35.
the subdivision as 36-foot street sections with curb, gutter, and 5-foot
wide concrete sidewalks within 50-feet of right-of-way.
The public streets within the subdivision shall be located to align or
offset a minimum of 125-feet (centerline to centerline). It appears that
the street layout is in conformance with District policy.
The turnarounds shall be constructed to provide a minimum turning
radius of 45-feet.
36.
Provide a $30,000 dePosit to the Public Rights-of-Way Trust Fund for
the cost of one-quarter of a traffic signal at the intersection of Ustick
Road and Meridian Road.
37.
38.
Adopt
39.
40.
41.
42.
43.
Other than the proposed public streets, direct lot or parcel access to
Ustick Road and Meridian Road is prohibited. Lot access restrictions,
as required with this application, shall be stated on the final plat.
Comply with the Standard Requirements (9) listed in ACHD's Planning
and Development Division Development Application Report dated
December 12, 2001.
the Recommendations of the Meridian Fire Department as follows:
That a fire-flow of 1,000 gallons per minute be available to service the
entire project. Fire hydrants shall be placed an average of 400' part.
Operational fire hydrants and temporary or permanent street signs are
required before combustible construction begins.
Acceptance of the water supply for fire protection is contingent upon
acceptance of the water system by the Meridian Water for water
quality.
Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
All radii shall be 28' inside and 48' outside radius.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
(AZ-00-019)
44.
Insure that all yet undeveloped parcels are maintained free of
combustible vegetation.
Additionally, the applicant shall comply with the action of the City Council
taken at their February 19, 2002 meeting as follows:
45.
Based upon testimony, and the widely recognized need for
infrastructure improvements in the North Meridian Planning area
sooner, rather than later, especially as it respects large developments, the
Owner/Developer, as a condition of annexation and zoning, shall
participate in the negotiations with Ada County Highway District, and
shall become a party to any eventual agreements worked out by the
Developer/ACHD Group.
Therefore, as a condition of annexation, and as a condition of the
Development Agreement, Applicant shall participate in any road
infrastructure in the North Meridian Planning area agreements
negotiated with ACHD and shall faithfully perform the terms of such
agreement or agreements.
46.
That no building permits shall be issued until the sewer is constructed
and connected to the Wastewater Treatment Plant.
47.
48.
49.
The Parks Department agrees to pay for four feet of the road on the
northern boundary which abuts the City park, and pay for the curb and
gutter for a total cost of approximately $13,500.00, per ACHD.
Applicant shall be responsible to construct sewer mains to' and through
the proposed development which shall include stubbing to the sOuth
boundary of the development. Sewer manholes are to be provided to
keep the sewer lines on the south and west sides of the centerline.
That the Developer shall extend Venable Lane north from Ustick Road,
and dedicate their one-half of Venable Lane on the east side to provide a
full residential collector wide street from Ustick to the north, and which
will line up with the existing Venable Lane.property.
The City Attorney shall prepare for consideration by the City Council
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 22
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
(AZ-00-019)
the appropriate ordinance for the annexation and zoning designation of the real property
which is the subject of the application to (R-4) Low Density Residential District, and
Meridian City Code § 11-7-2.
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.
of
By action of the City Council at its regular meeting held on the
,2oo2.
ROLL CALL
COUNCILMAN ICd~ITH BIRD
day
VOTED_~&''
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
(AZ-00-019)
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc CANDLESS
COUNCILMAN WILLIAM L.M. NARY
VOTED_~a~-
VOTED_~,.-.-
VOTED.__~4_.
MAYOR ROBERT D. CORRIE (TIE BREAK.ER)
DATED:
VOTED
MOTION:
APPROVED:
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
Dated:
ZAWork~efidian~eridian 15360MXCed~ Spgs (2002) AZ00-019 PP00-018~fCI&O~
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 24
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/REVISED CEDAR SPRINGS
(AZ-00-019)