Soda Springs AZ 03-023
PARTIES:
1.
2.
4.
53
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 03112/04 11:19 AM
~~~.~~~E~~JE~~~~a~F 1111111111111111111111111111111111111
Meridian 104027946
,AMOUNT .00
DEVELOPMENT AGREEMENT
3.
City of Meridian
Charles L. Creech. Sr. and Mary M. Creech, Owner
Clayion Record and Susan T Record, Owner
.lLJ Enterprises, lnc., Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this~ day of I11M~ ,2004, by and between CITY OF
MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY', and
CHARLES L CREECH and MARY M. CREECH, husband and wife, whose address is
2310 E. Victory Road, Meridian, Idaho 83642, hereinafter called "OWNER", and
CLA YTON RECORD and SUSAN 1. RECORD, husband and wife, whose address is
4355 W. Victory Road, Meridian, Idaho 83642, hereinafter called "OWNER", and JLl
Enterprises, Inc., whose address is 408 S. Eagle Road, Suite 103, Eagle, Idaho 83616,
hereinafter called "DEVELOPER".
RECITALS:
1.1
WHEREAS, "OWNER" is the sole owner, in law and/or equity, of
certain tract of land in the County ot' Ada, State of Idaho, described
in Exhibit A for each owner, which is atl<1ched hereto and by this
reference incorporated herein as ifseltorth in full, herein alter
referred to as the "Property"; and
1.2
WHEREAS, I.C. § 67-651 lA, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the "Owner" and/or "Developer" make a written commitment
concerning the use or development of the subject "Property"; and
1.3
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4
WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (R-8) Medium Density
Residential District, (Municipal Code of the City of Meridian); and
DEVELOPMENT AGREEMENT (AL-OJ,O2J)
PAGE] OF J4
1.7
1.8
1.9
1.9
1.5
WHEREAS, "Developer" made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject
"Property" will be developed and what improvements will be
made; and
1.6
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
before the Planning & Zoning Commission, and subsequently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment;
and
WHEREAS, City Council, the tf-6 day of JaÞkMt: ' 2004.
has approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached
hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as (the "Findings"); and
WHEREAS, the Findings require the "Owner" and "Developer" to
enter into a development agreement before the City Council takes
final action on annexation and zoning designaÜon; and
"OWNER" and "DEVELOPER" deem it to be in its best interest
to be able to enter into this Agreement and acknowledges tl1at this
Agreement was entered into voluntarily and at its urging and
requests; and
WHEREAS, "City" requires the "Owner" and "Developer" to
enter into a development agreement for the purpose of ensuring
that the "Properly" is developed and the subsequent use oCthe
"Property" is in accordance with the terms and conditions of this
development agreement, herein being established as a result of
evidence received by the "City" in the proceedings for annexation
and zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected properly
owners and to ensure annexation and zoning designation is in
accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6,2002, Resolution No. 02-382, and the
DEVELOPME:-IT AGREEMENT (AZ-O3-023)
PAGE 2 OF 34
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,
tellTIS, and phrases herein contained in this section shall be defined and interpreted as
herein provided for, unless the clear context of the presentation of the same requires
otherwise:
3.1
3.2
3.3
34
"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 ofldaho, organized and existing by virtue
of law of the State ofldaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
"DEVELOPER": means and refers to JLJ Enterprises, Inc ,
whose address is 408 S. Eagle Road, Suite I OJ, Eagle, Idaho
83616, the party developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property"
"OWNER": means and refers to Charles L Creech, Sr. and Mary
M. Creech, husband and wife, whose address is 2310 E. Victory
Road, Meridian, Idaho 83642, and Clayton Record and Susan T.
Record, husband and wife, whose address is 4355 W. Victory
Road, the parties owning said "Property" being developed and
shall include any subsequent owner(s)/developer(s) of the
"Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-8 attached hereto and by this reference incorporated
herein as if set fot-th at length.
DEVELOPME:-.JT AGREEMENT (AZ-O3-023)
PAGE 3 OF 34
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (0) which are herein specified as follows:
Constructioll and development of a planned developmellt
consistillg of 57 building lots with 9 other lots ill II proposed R-8
Wile.
4.2
No change in the uses speciIJed in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has
submitted to "City" an application for conditional LIse pennit, and shall be required to
obtain the "City's" approval thereof, in accordance to the City's Zoning & Development
Ordinance criteria, therein, provided, prior to, and as a condition of, the commcnccmellt
of construction of any buildings or improvements on the "Property" that require a
conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A
"Developer" shall develop the "Property" in accordance with the
following special conditions:
AN1\EXATION AND ZONING CONDITIONS:
A. Adopt the Recommendations of the Meridian Planning & Zoning Departmel1l as
follows:
1.
Remove any existing domestic wells and/or septic systems within this project I'rom
their domestic service per City Ordinance Section 5-7-517. Wells may be used for
non-domestic purposes such as landscape ilTigation.
B.
Adopt the Recommendations of the Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimLilll levels of fire
protection for the proposed project:
DEVELOPMENT AGREEMENT (AZ-O3-023)
PAGE 4 OF 34
]
The phasing plan may require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have a turn around.
2.
All roads shall have a turning radins of28' inside and 48' outside.
3.
A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes. The emergency access road will require either a
20' wide swing gate or bollards, and if bollards are used then the Meridian Fire
Department win need to approve of them. The location on Block I Lot 18 is
approved.
4.
Provide a fire- flow per the International Fire Code Appendix D to service the project.
Fire hydrants shan be placed an average of 400' apart.
c.
Adopt the Recommendations of Central District Health Department as foJ1ows:
I.
This proposal can be approved tar central sewage & central water after written
approval from appropriate entities is submitted.
2.
The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3.
Run-off is not to create a mosqnito breeding problem.
4.
Storm water shan be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5.
The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stonnwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
D. Adopt the Recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
]
The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet of right-of-way from centerline along
DEVELOPMENT AGREEMENT (AZ-O3-023)
PAGE 5 OF 34
Victory Road, and construct a minimum 5-foot wide concrete sidewalk along
Victory Road, located a minimum of28-feet from the centerline ofthe right-of-
way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Victory Road, located a minimum of28-feet from the
centerline of the right-of-way, in an easement provided to the District
c.
Do not dedicate additional right-of-way. but construct a minimum 5-laot wide
concrete sidewalk along Victory Road, located at the back edge of the existing
right-of-way. Accomplish all necessary adjustments to properly accommodate
existing drainage and utilities.
2.
Construct the main entrance to be located so that Gunnell A venue intersects
Victory Road approximately 385-feet east of the west property line.
3.
Construct Gunnell Avenue and Tigert Street as 36-foot street sections with curb,
gutter and 4-foot detached sidewalks that are separated by a 5-foot planter strip
within 50-feet ofright-of-way.
4.
Construct Conda Avenue and McPherson Street as 29-foot street section with
curb, gutter and 4-foot detached sidewalks that are separated by a 5-foot planter
strip within 42-feet of right-of-way.
5.
Construct Hudspeth Avenue as one-half of a 29-foot street section with curb,
gutter and 5-foot concrete sidewalk on the west side of the roadway and a 3-foot
gravel shoulder on the east side ofrhe roadway with a minimum of 24-feet of
pavement within a minimum of35-feet of right-of-way, as proposed.
6.
Construct two 16-foot wide alleys within the subdivision located perpendicular to
Tigert Street and McPherson between Conda A venue and Gunnel I A venuc AN D
between Gunnell Avenue and Hudspeth Avenue. Construct the alleys to have a
back-of-curb radius of 15-feet at all intersections and pave the alleys their entire
width of 16-feet Any driveways that are proposed to access an alley shall be
located a minimum of 25- feet from the nearest public street and the minimum
clear distance from the back of any parking stall to the opposite side of the alley
shall be 22-feet
7.
Construct one knuckle without a center island located in the northwest corner of
McPherson Street and Conda Avenue, as proposed.
DEVELOPME:'>IT AGREEMENT (AZ-03-023)
PAGE 6 OF 34
8.
Construct Hudspeth Avenue on the east property line to serve as a quasi stub
street for the property that is located directly to the east, as proposed.
Construct a temporary emergency access road that will intersect Victory Road
approximately 10-feet west of the east property line and extend to the north to
intersect Tigert Street, as proposed. Install traffic bollards within the emergency
access to minimize the connection.
9.
10.
Other than the access points that have specifically been approved with this
application, direct lot access to Victory Road is prohibited. Lot restrictions
prohibiting access to Victory Road shall be placed on the final plat
11.
Comply with all Standard Conditions of ApprovaL
Standard Conditions of Approval
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way
2
All utility relocation costs associated with improving street frontages abutting the
site shall be bome by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development Contact
Construction Services at 387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofldaho shaH
prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance or
building pemlit (or other required pemlits), which incorporates any required
design changes.
DEVELOPMENT AGREEMENT (AZ-O3-023)
PAGE 7 OF 34
7.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8.
Payment of' applicable road impact fees are required prior to building construction
in accordance with Ordinance #197, also known as Ada County Highway District
Road Impact Fee Ordinance.
9.
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to ca1l DIG LINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10.
No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada Connty Highway
District. The burden shall be upon the applicant to obtain written confimlation of
any change from the Ada County Highway District.
II
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in farce at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
E.
Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as f01l0ws:
1.
A Land Use Change Application is required by the District before comment or
approval can be made on the CUP, and the Application must also be reviewed on the
PP prior to final platting.
2.
All laterals and waste ways must be protected. All municipal surface drainage must
be retained on site. If any surface drainage leaves the site, the District must review
drainage plans.
DEVELOPMENT AGREEMENT (Al-O3-023)
PAGE 8 OF 34
3.
The developer must comply with Idaho Code 31-3805.
F. Adopt the action of the City Council taken at their January 6, 2004 meeting as
follows:
For clarification:
I. The Applicant shall increase the entry street width to 36'. By increasing the street to
this width it will help to create more parking. Also, the front yard setbacks shall be
reduced to 11' instead of 15' to additionally accommodate the 36' street width.
(ACHD reviewed the proposed street layout and found that a network of one-way
streets would not be beneficial to the circulation or safety in the proposed
subdivision. ACHD is allowing the Applicant to constmct a 36' street section, with
parking allowed on both sides, within a 50' right-of-way. (Per ACHD's letter dated
January 5, 2004.)
2. The Applicant shall revise the street layout on the east side of the subdivision to
include a rolled curb and gutter on the east side of Hudspeth A venue.
3. Applicant shall constmct cedar fencing behind the 6,500 square taot lots.
4. Applicant shall only be allowed one story homes to be built on the lots that back up
to the one story homes in Sherbrooke Hollows. Bonus rooms shall be a11owed in
these homes, but no windows shall face into the Sherbrooke HoUows homes.
5.
Minimum housing sizes shall be as follows:
a. 1,500 sq. ft minimum for one story homes bordering Sherbrooke Hollows.
b. 1,750 sq. ft minimum for two story homes bordering Sherbrooke Hollows.
c. 1,300 sq. ft minimum for homes backing up to Victory Road.
d. 1,300 sq. ft. minimum for one story homes on alleys.
e. 1,600 sq. ft. minimum for two story homes on alleys.
6. The sanitary sewer connection sha11 be directly westward on Victory Road to the
larger Ten Mile Sewer Trunk and beyond in the future. Ultimately, the sewer shall be
diverted to the future Black Cat Sewer Trunk.
7. The subdivision shall now consist of 57 single family building lots.
DEVELOPMENT AGREEMENT (AZ-O3-023)
PAGE 9 OF 34
PRELIMINARY PLAT CONDITIONS:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1.
Include fence line along eastern property line on plat.
B. Adopt the Recommendations of the Planning and Zoning and Engi neeri ng sta fr as
follows:
SITE SPECIFIC COMMENTS (preliminary plat)
1.
Sanitary sewer service to this project is being proposed via a main line extension
down Victory Road. Currently the sewer trunk ends approximately 3,400 feet west of
the project site. The applicant shall be required to extend sewer mains to and through
the proposed development.
2.
Domestic water service tot his site shall be via new main line extensions from
existing mains. Currently water mains exist on the east side of the Ridenbaugh
Canal, and at the southern edge of the Sherbrooke Hollows Subdivision in Locust
Grove road. The subdivision designer to coordinate main sizing and routing with the
Public Works Depmiment. The applicant shall be required to extend water mains to
and through the proposed development.
3.
Applicant shall submit a site plan depicting how homes will fit on the lots in Block 2
of the proposed subdivision.
4.
Applicant shall prohibit parking in the proposed alleys and garage aprons located in
blocks 2, 3, 4, and 5. If the site plan is revised and 20' aprons are provided for each
garage, parking wil1 be permitted on the aprons for lots in blocks 2, 3, 4, and 5.
5.
Fencing details shall be submitted with the Final Plat application. Fencing adjacent to
pathways or the common area lots shall not be over three feet in height if constructed
of a solid material, and shall not be more than 4 feet in height if it is non-sight
obscuring. A solid, 6-foot high perimeter fence shall be installed prior to any building
permits being issned, unless agreed to otherwise in writing by the Planning Director.
6.
All adjacent agricultural uses shall be protected and a note added to the face of the
plat regarding the Right to Fann Act.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 10 OF 34
7.
The required landscaping and irrigation system shall be installed prior to the issuance
of a Certificate ofOccnpancy for any building on any lot created by the subdivision
Landscaping and fencing must be bonded for prior to applying for building permits.
8.
No phasing lines were shown on the preliminary plat. If phasing is planned, applicant
shall submit a revised plat prior at least 10 days prior to the next public hearing
showing the proposed phase lines.
9
Underground pressurized in'igation must be provided to all landscape areas on site.
The applicant has indicated that the pressurized irrigation system within this
development is to be owned and maintained by the Nampa & Meridian Irrigation
District.
10.
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. [fa single-point connection
is utilized, the developer shall be responsible for the payment ofassessmcnts for the
common areas prior to signature on the final plat by the Meridian City Engincer.
11.
Please submit all updated groundwater monitoring data to the Public Works
Department for review. All drainage areas (detention/retention basins) must be
designed to ensure that water is retained only during 1 OO-year storm events, and for a
period of time not to exceed 24 hours. Side slopes within drainage areas shall not
exceed 3: 1. The project engineer should pay close attention to the results of field
studies determining the groundwater, soil type & and characteristics during the
design and construction phases. The engineer shall be required to certify that the
street centerline elevations are set a minimum ofJ-feet above the highest established
nonnal groundwater elevation. This is to ensure that the bottom elevation of the
crawl spaces of homes is at least I-foot above groLmdwater.
GENERi\.L COMMENTS (preliminary plat)
2.
3.
Please submit a copy of the Ada County Street Name Committee's fiml1 approval
letter for the subdivision name, and the lot and block numbering. Make any
con"ections necessary to confonn.
Coordinate fire hydrant placement with the City of Meridlan Public Works
Department.
A letter of credit or cash surety in the amount of 110% will be required for an
DEVELOPME1\T AGREEMENT (AZ-O3-023)
PAGE 11 OF 34
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4.
Two-hundred-fifìy and one-hundred-watt, high-pressure sodium streetlights will be
required at locations designated by the Public Works Department. All streetlights
shalJ be instalJed at subdivider's expense. Typical locations are at street intersections
and/or fire hydrants.
5.
All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled
per City Ordinance 12-4-13. The ditches to be piped should be shown on the site
plans. Plans will need to be approved by the appropriate irrigation/drainage district,
or lateral users association, with written confin11ation of said approval submitted to
the Public Works Department.
6.
Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape irrigation.
7
Graphically depict any FEMA flood plain boundaries. Note restrictions associated
with the flood zone on the face of the preliminary plat.
8.
Perfonllance specifications for the common area pressurized irrigation system shall
be submitted with each Final Plat application.
c.
Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1.
The applicant shall do one of the following:
a. Dedicate by donation a total of35-feet ofright-of-way from centerline along
Victory Road, and construct a minimum 5-foot wide concrete sidewalk along
Victory Road, located a minimum of28-feet from the centerline of the right-of-
way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along Victory Road, located a minimum of 28-feet
from the centerline of the right-of-way, in an easement provided to the
District.
DEVELOP"'1ENT AGREEMENT (AZ-O3-023)
PAGEI20F.14
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along Victory Road, located at the back edge of the
existing right-of-way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
2.
Construct the main entrance to be located so that Gunnell Avenue intersects
Victory Road approximately 385-feet east of the west property line.
3.
Construct Gunnel! A venue and Tigert Street as 36-foot street sections with curb,
gutter and 4-foot detached sidewalks that are separated by a 5-foot planter strip
within 50-feet of right-of-way.
4.
Construct Conda Avenue and McPherson Street as 29-foot street section with
curb, gutter and4-foot detached sidewalks tbat are separated by a 5-taot planter
strip witbin 42-feet ofright-of-way.
5.
Construct Hudspeth Avenue as one-half of a 29-foot street section with curb,
gutter and 5-foot concrete sidewalk on the west side of the roadway and a 3-foot
gravel shoulder on the east side of the roadway with a minimum 0 f 24- feet of
pavement within a minimum of 35-feet ofright-of-way, as proposed.
6.
Construct two 16-foot wide alleys within the subdivision located perpendicular to
Tigert Street and McPherson between Conda Avenue and GUtmell Avenue AND
between Gunnell Avenue and Hudspeth Avenue. Construct the alleys to have a
back-of-curb radius of 15-feet at an intersections and pave the alleys their entire
width of 16-feet. Any driveways that are proposed to access an alley shall be
located a minimum of25-feet from the nearest public street and the minimum
clear distance from the back of any parking stall to the opposite side of the alley
shall be 22-feet.
7.
Construct one knuckle without a center island located in the northwest corner of
McPherson Street and Conda A venue, as proposed.
8
Construct Hudspeth Avenue on the east property line to serve as a quasi stub
street for the property that is located directly to the east, as proposed.
9.
Construct a temporary emergency access road that wi]] intersect Victory Road
approximately 10-feet west of the east property line and extend to the north to
intersect Tigert Street, as proposed. Install traffic bollards within the emergency
access to minimize the connection.
DEVELOPMENT AGREEMENT (AZ-O3-023)
PAGE 13 OF 34
10.
Other than the access points that have specifically been approved with this
application, direct lot access to Victory Road is prohibited. Lot restrictions
prohibiting access to Victory Road shall be placed on the final plat.
11.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1.
Any existing irrigation facilities shall be relocated outside of the right-oj~way.
2.
All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5.
All design and construction shan be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and aU applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7
Construction, use and property development shall be in confoDTIance with all
applicable requirements of the Ada Connty Highway District prior to District
approval for occupancy.
8.
Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #197, also known as Ada County Highway District
Road Impact Fee Ordinance.
DEVELOPMENT AGREEMENT (AZ-O3-023)
PAGE 14 OF 34
D.
2.
3.
4.
9.
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking grOllI1d within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised dLlring
any phase of construction.
10.
No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authOlized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11.
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with aU rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
Adopt the Meridian Fire Department Recommendations as follows:
The following will be the requirements and/or concerns to provide minimul11 levels of
fire protection for the proposed project:
1.
The phasing plan may require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have a turn around.
All roads shall have a turning radius of28' inside and 48' outsidc.
A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes. The emergency access road will require either a
20' wide swing gate or bollards, and if bollards are used then tile Meridian Fire
Department will need to approve of them. The location on Block 1 Lot 18 is
approved.
Provide a fire-flow per the International Fire Code Appendix D to service the
project. Fire hydrants shall be placed an average of 400' apart.
DEVELOPMENT AGREEMENT (AZ-O3-023)
PAGE 15 OF 34
E.
Adopt the Recommendation of Nampa & Meridian Irrigation District as follows:
1.
A Land Use Change Application is required by the District before comment or
approval can be made on the CUP, and the Application must also be reviewed
on the PP prior to final platting.
2.
All laterals and waste ways must be protected. All municipal surface drainage
must be retained on site. If any surface drainage leaves the site, the District
must review drainage plans.
3.
The developer must comply with Idaho Code 31-3805.
F. Adopt the Recommendations of the Central District Health Department as
follows:
G.
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5.
The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
Adopt the action of the City Council taken at their January 6, 2004 meeting as
follows:
1. Per the Parks Depatil11ent, Developer shall build the pathway to approved pathway
standards.
DEVELOPMENT AGREEME~T (AZ-O3-023)
PAGE 16 OF 34
2. For clarification:
1.
The revised Preliminary Plat dated 10/21/03 is hereby approved for 57 building lots
with 9 common lots, except the revised Preliminary Plat under Project Summary:
Minimum Dwelling Size.........1200 sq. ft. is not approved, and the minimum
dwelling sizes are addressed in number G.6 herein below.
2.
The Applicant shall increase the entry street width to 36'. By increasing the street to
this width it will help to create more parking. Also, the front yard setbacks shall be
reduced to 11' instead of 15' to additionally accommodate the 36' street width.
(ACHD reviewed the proposed street layout and found that a network of one-way
streets would not be beneficial to the circulation or safety in the proposed
subdivision. ACHD is allowing the Applicant to construct a 36' street section, with
parking allowed on both sides, within a 50' right-of-way. (Per ACHD's letter dated
January 5, 2004.)
3. The Applicant shall revise the street layout on the east side of the subdivision to
include a rolled curb and gutter on the east side of Hudspeth Avenue.
4. Applicant shall construct cedar fencing behind the 6,500 square foot lots.
5. App1icant shall only be allowed one story homes to be built on the lots that back up
to the one story homes in Sherbrooke Hollows. Bonus rooms shall be allowed in
these homes, but no windows shall face into the Sherbrooke Hollows homes.
6.
Minimum housing sizes shall be as follows:
a. 1,500 sq. ft. minimum for one story homes bordering Sherbrooke Hollows.
b. 1,750 sq. ft. minimum for two story homes bordering Sherbrooke Hollows.
c. 1,300 sq. ft. minimum for homes backing up to Victory Road.
d. 1,300 sq. ft. minimum for one story homes on alleys.
e. 1,600 sq. ft. minimum for two story homes on alleys.
7. The sanitary sewer connection shall be directly westward on Victory Road to the
larger Ten Mile Sewer Trunk and beyond in the futurt:. Ultimately, the sewer shall be
diverted to the future Black Cat Sewer Trunk.
DEVELOPMENT AGREEMENT (AZ-O3-023)
PAGE 17 OF 34
CONDITIONAL USE PERMIT CONDITIONS:
A
B.
l.
2.
3.
4.
c.
Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1.
2.
Restrictions under CUP will be referenced on plat.
Minimum housing sizes for west and north lots are 1,500 s.f for single story
houses and 1,750 s.f for two story houses.
The minimum house size for single story houses on Victory Rd. is 1,300 s.t'.
Minimum house sizes on alley lots are 1,300 s.f for single story houses and
1,600 s. f. for two story houses.
3.
4.
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Applicant shall meet all ofthe requirements ofthe preliminary plat as a condition of
the Conditional Use Permit.
Applicant shall submit a detailed plan for the proposed park and tot lot.
All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
No building permits shall be issued within the development until a Final Plat has
been recorded for the subdivision.
Adopt the Recommendations of the Meridian Fire Department as follows:
The following win be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
The phasing plan may require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have a turn around.
2.
All roads shall have a turning radius of28' inside and 48' outside.
3.
A minimum of two points of access will be required for any portion of the
project, which serves more than 50 homes. The emergency access road will
require either a 20' wide swing gate or bollards, and ifbollards are used then
the Meridian Fire Department will need to approve OfthClll. The location on
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE t8 OF 34
Block 1 Lot 18 is approved.
4. Provide a fire-flow per the International Fire Code Appendix D to service the
project. Fire hydrants shall be placed an average of 400' apart.
D.
Adopt the Recommendations of Central District Health Department as follows:
1.
This proposal can be approved lar central sewage & central water a Iter
written approval from appropriate entities is submitted.
2.
The Applicant's central sewage and central water plans must be submitted
to and approved by the Idaho Department of Health & Welfare, Division
of Environmental Quality.
3.
Run-off is not to create a mosquito breeding problem.
4.
Stonnwater shall be pretreated through a grassy swale prior to discharge to
the subsurface to prevent impact to groundwater and surface water quality.
5.
The Engineers and architects involved with the design ofthe subject
project shall obtain current best management practices for stormwater
disposal and design a stonllwater management system that prevents
groundwater and surface water degradation.
E
Adopt the Recommendations of the Ada County Highway District as foJ1ows:
A.
Site Speci tic Conditions of Approval
l.
The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet of right-of-way from centerline along
Victory Road, and construct a minimum 5-foot wide concrete sidewalk along Victory
Road, located a minimum of28-feet from the centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-taot wide
concrete sidewalk along Victory Road, located a minimum of28-feet from the
centerline of the right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Victory Road, located at the back edge of the existing
DEVELOPMENT AGREEMENT (AZ-O3-023)
PAGE 19 OF 34
2.
right-of-way. Accomplish all necessary adjustments to properly accommodate
existing drainage and utilities.
Construct the main entrance to be located so that Gunnell A venue intersects
Victory Road approximately 385-feet east of the west property line.
3.
Construct Gunnell Avenue and Tigeli Street as 36-foot street sections with curb,
gutter and 4-foot detached sidewalks that are separated by a 5-foot planter strip
within 50-feet of right-of-way.
4.
Construct Conda Avenue and McPherson Street as 29-foot street section with
curb, gutter and 4-taot detached sidewalks that are separated by a 5-foot planter
strip within 42-feet of right-of-way.
5
Construct Hudspeth Avenue as one-half of a 29-foot street section with curb,
gutter and 5-foot concrete sidewalk on the west side of the roadway and a 3-foot
gravel shoulder on the east side of the roadway with a minimum of24-feet of
pavement within a minimum of35-feet of right-of-way, as proposed.
6.
Construct two 16-foot wide alleys within thc subdivision located perpendicular to
Tigeli Street and McPherson between Conda Avenue and Gunnell Avenue AND
between Gunnell Avenue and Hudspeth Avenue. Construct the alleys to have a
back-of-curb radius of 15-feet at all intersections and pave the alleys their entire
width of l6-feet. Any driveways that are proposed to access an alley shall be
located a minimum of25-feet from the nearest public street and the minimum
clear distance from the back of any parking stall to the opposite side of the alley
shall be 22-feet.
7.
Construct one knuckle without a center island located in the northwest corner of
McPherson Street and Conda Avenue, as proposed.
8.
Construct Hudspeth Avenue on the east property line to serve as a quasi stub
street for the property that is located directly to the east, as proposed.
9.
Construct a temporary emergency access road that will intersect Victory Road
approximately I O-feet west of the east property line and extend to the north to
intersect Tigert Street, as proposed. Install traffic bol1ards within the emergency
access to minimize the connection.
10.
Other than the access points that have specifically been approved with this
application, direct lot access to Victory Road is prohibited. Lot restrictions
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 20 OF 34
prohibiting access to Victory Road shaH be placed on the final plat.
11
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with improving street frontages abLLtting the
site shall be bome by the developer.
3
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not aJlowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofldaho shall
prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required pcnllits), which incorporates any required
design changes.
7.
Constmction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8.
Payment of applicable road impact fees are reqnired prior to building construction
in accordance with Ordinance #197, also known as Ada County Highway District
Road Impact Fee Ordinance.
9.
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
DEVELOPMENT AGREEMENT (AZ-O3-023)
PAGE 2t OF 34
10.
11.
F.
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
No change in the tenms and conditions of this approval shall be valid unless they
are in wliting and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
Any change by the applicant in the planned use ofthe property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
Adopt the action of the City Council taken at their January 6, 2004 meeting as
follows:
1. Per the Parks Department, Developer shall build the pathway to approved pathway
standards.
2. For clarification:
1.
The revised Preliminary Plat dated 10/21/03 is hereby approved for 57 building lots
with 9 common lots, except the revised Preliminary Plat under Project Summary:
Minimum Dwelling Size.........1200 sq. ft. is not approved, and the minimum
dwelling sizes are addressed in number G.6 herein below.
2.
The Applicant shall increase the entry street width to 36'. By increasing the street to
this width it will help to create more parking. Also, the front yard setbacks shall be
reduced to 11' instead of 15' to additionally accommodate the 36' street width.
(ACHD reviewed the proposed street layout and found that a network of one-way
streets would not be beneftcial to the circulation or safety in the proposed
subdivision. ACHD is allowing the Applicant to construct a 36' street section, with
parking allowed on both sides, within a 50' right-of-way. (Per ACHD's letter dated
DEVELOPMENT AGREEMENT (AZ-O3-023)
PAGE 22 OF 34
January 5, 2004.)
3. The Applicant shall revise the street layout on the east side of the subdivision to
include a rolled curb and gutter on the cast side of Hudspeth Avenue.
4. Applicant shall construct cedar fencing behind the 6,500 square foot lots.
5. Applicant shall only be allowed one story homes to be built on the lots that back lip
to the one story homes in Sherbrooke Hollows. Bonus rooms shall be allowed in
these homes, but no windows shall face into the Sherbrooke Hollows homes.
6. Minimum housing sizes shall be as follows:
a. 1,500 sq. ft. minimum for one story homes bordering Sherbrooke Hollows.
b. 1,750 sq. ft. minimum for two story homes bordering Sherbrooke Hollows.
c. 1,300 sq. ft. minimum for homes backing up to Victory Road.
d. 1,300 sq. ft. minimum for one story homes on alleys.
e. 1,600 sq. ft. minimum for two story homes on alleys.
7. The sanitary sewer connection shall be directly westward on Victory Road to the
larger Ten Mile Sewer Trunk and beyond in the future. Ultimately, the sewer shall be
diverted to the future Black Cat Sewer Trunk.
8. The drawing submitted at the City Council meeting held on January 6, 2004 and
dated January 6,2004 regarding the street section for Hudspeth Avenue is hereby
approved.
7. COMPLIANCE PERIOD/ CONSENT TO REZOl'Œ: This Agreement
and the commitments contained herein shall be tenninated, and the zoning designation
reversed, upon a default of the "Owner" and/or "Developer" or "Owner" and/or
"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 Lc. § 67-6509, or any subsequent amendments or
recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
DEVELOPMENT AGREEME!\T (AZ-O3-023)
PAGE 23 OF 34
"Owner" and/or "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 "Owner" and/or "Developer" and if the
"Owner" and/or "Developer" fails to cure such failure within six
(6) months of such notice.
9. INSPECTION: "Owner" and/or "Developer" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as
req uired 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 tellTIS and conditions of this
Development Agreement and all other ordinances of the "City" that apply to said
Development
10.
DEFAULT:
10.1
10.2
In the event "Owner" and/or "Developer", "Owner" and/or
"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 modified or temlinated by the
"City" upon compliance with the requirements of the Zoning
Ordinance.
A waiver by "City" of any default by "Owner" and/or "Developer"
of anyone or more of the covenants or conditions hereof shall
apply solely to the breach and breaches waived and shan 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 RECORDA nON: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Developer's" cost, and submit proof of such recording to "Owner" and/or "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 Conncil fails to adopt the ordinance in connection with the
DEVELOPMENT AGREEMENT (AZ-O3-023)
PAGE 24 OF 34
annexation and zoning of the "Property" contemplated hereby, the "City" shall execute
and record an appropriate instrument ofrelease of this Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specijïed
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owner" and/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 specifï.c perJarmance
of the covenants, agreements, conditions, and obligations contained herein.
13.1
l3.2
In the event of a material breach of this Agreement, the parties
agree that "City" and "Owner" and/or "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 sha1l 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.
In the event the perfomlance of any covenant to be performed
hereunder by either "Owner" and/or "Developer" or "City" is
delayed for causes which are beyond the reasonable control of the
party responsible for such perfonnance, which shall include,
withont limitation, acts of civil disobedience, strikes or similar
causes, the time for snch performance sha1l 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 negotiab1e bonds, as
a1l0wed under Meridian City Code § 12-5-3, to insure that installation of the
improvements, which the "Owner" and/or "Developer" agrees to provide, ifreqllired by
the "City".
DEVELOPME"iT AGREEMENT (AZ-O3-023)
PAGE 25 OF 34
15. CERTIFICATE OF OCCUPANCY: The "Owner" and/or "Developer"
agrees that no Certificates of Occupancy wi]] be issued until all improvements are
completed, unless the "City" and "Owner" and/or "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 Occllpancy shall be issued in any phase in
which the improvements have not been installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and/or
"Developer" agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subj ect to de-annexation if the owner or his assigns, heirs, or successors shall not
meet the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered ifand when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, retulll
receipt requested, addressed as follows:
CITY:
DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
JLJ Enterprises, Inc.
408 S. Eagle Road, Suiie 103
Eagle, Idaho 83616
OWNER:
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Charles L. Creech, Sr. and Mary M. Creech
2310 E. Victory Road
Meridian, Idaho 83642
Clayton Record and Susan T. Record
4355 W. Victory Road
Meridian, Idaho 83642
17.1
A party sha]] have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
DEVELOPMENT AGREEMENT (AZ-O3-023)
PAGE 26 OF 34
18. ATTORNEY FEES: Should any litigation be commenced between the
pal1ies 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 ofthis 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 perfonn any of the obligations
hereunder shan constitute a breach of and a default under this Agreement by the otber
party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shalJ 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" andlor "Developer" of the
"Property", each subsequent owner and any other person acquiring an interest in the
"Property". Nothing herein shan in any way prevent sale or alienation of the "Property",
01' portions thereof, except that any sale or alienation shan be subject to the provisions
hereof and any successor owner or owners shan be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written request of
"Owner" and/or "Developer", to execute appropriate and recordable evidence of
tenllination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Owner" and/or "Developer" has fully performed its obligations under
this Agreement.
21. INV ALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shan 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 "Owner" and/or
"Developer" and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or implied,
between "Owner" and lor "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
DEVELOPMENT AGREEMENT (A2-O3-023)
PAGE 27 OF 34
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 govell1ing the uses and/or conditions governing development
of the subject "Property" herein provided for can be modified or amended
without the approval of the City Council after the "City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMEI'iT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
:v1eridian Zoning Ordinance in connection with the annexation and zoning of the
"Property" and execution of the Mayor and City Cleric
DEVELOPMENT AGREEMENT (AZ-O3-023)
PAGE 28 OF 34
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
DEVELOPER:
Anest:
.c:t~~ - 0
?~-
.yd~). ~
OWNER:
By:(J ~L i-- ~~.
CHARLES L. CREECH, SR.
".
BY: Y?L~~ ~.~
MARY M ECH
DEVELOPMENT AGREEMENT (AZ-O3-023)
PAGE 29 OF 34
Attest:
~þ
CITY CLERK
OWNER:
B~'~
('
BY: ...) - T It- r
SUSAN 1. RECORD
CITY OF MERIDIAN
BY~~
. Y de WEERD
~~"fl c.;ly ~ ;J~9-&4--
", '~ Of MEFij"J{JJ,
,;:,',~ <J4. 'i"
$ v- .rrP\\POR,.¡ ~ ~ ~
~ :1!" J;:,- ~
§" '0 \
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 30 OF 34
On this ~ day of /Y)O/\~kL-
2004, before me, a Notary Public, personally
(~Aî1.k'é9--' C¡}<N) ehl and ¡V / A-
~ or identifi to me to be the ()-J~~ and
of JLJ ENTERPRISES, 1Nc., and the persons who
executed the instrument and acknowledged to me that they having executed the same on
behalf of said corpor;!Üm........
I§.~~ :::~~~i\
I ... i
(SEAL) \ * ÞUB\.\." * j
'\ "';. 0 .:
-'I!.. .¡ l' .....~ -r:~ ...-
""" 'if OF \v.....,
",....."..'
STATE OF IDAHO)
:ss
COUNTY OF ADA)
STATE OF IDAHO)
:ss
, in the year
appeared
~+).;J1A<:¿~/?V
Notary Publ for Idaho
Residing at: Jd..txA!
Commission expires: 9-~
COUNTY OF ADA)
On this ;;). day of jJ\ evil ~ ~ln the year
2004, before me, a Notary Public, personally appeared CHARLES L CREECH, SR and
MARY M. CREECH, husband and wife, known or identified to me to be the persons who
executed the instrument and acknowledged to me that they having executed the same.
(SEAL)
Notary Publ c
Residing at:
Commission expires:
RESIDING IN: MERIDIAN IDAHO
COMMISSION EXPIRES: '10-08-07
DEVELOPMENT AGREEYlENT (AZ-03-023)
PAGE310F34
ST A TE OF IDAHO)
:ss
COUNTY OF ADA)
On this 02 day of YÎ1 CUl.M , in the year
2004, before me, a Notary Public, personally appeared CLAYTON RECORD and SUSAN
1. RECORD, husband and wife, known or identified to me to be the persons who executed
the instrument and acknowledged to me that they having executed the same.
""""":.:.~"""J"""""~~IIII"À
#0:.\\... . O'/:~
~'t;::Jv ",n..." ;vr, ~
¡q;;"""OiA~"",<:.t\
;;, ~.~ ,.(.~ ~
(SEA~ i -0- i ê
š~..o O~ ~
\~"",UB\..'\ ,.lÇ)j
% -11;"""""" {§#
%"'I',,{ OF \~""",.f
"""""""""""
~ &4ÞV
ST ATE OF IDAHO)
:ss
County of Ada
On this 9+t. day of l'1a.rcJ. , in the year 2004,
before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg,
know or identified to me to be the Mayor and Clerk, respectively, of the City ofMeric1ian,
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)
"""""""'"
..." :\Cß L. SA_-",
~'..;.~ .""'" <'T./.. -"
:: ""7 ". ...~ '10
! f ~OTA~)-\ \
=*k-.- .*=
i J>(¡BL\C i
\<p:;. 0 I
", .., ~ ""'~i'
'".:e OF \1> .,4'
",........,."
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 32 OF 34
-,
EXHIBIT "A"
Legal Description Of Property
Charles L. Creech and Mary M. Creech
property located at 2310 E. Victory Road
A tract ofland located in the Southeast Y. of the Southwest y, of Section
20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as
fol1ows:
Commencing at the Southwest corner of said Southeast Y4 of the
Southwest y, (which is the Southwest corner of the 1/16 section and is set with a 5/8 inch
iron pin with an aluminum cap); thence
Easterly along the North side of Victory Road 640 feet to a set nail, which is the
REAL POINT OF BEGINNING and which shall be the Southwest comer ofthe tract
being described; thence
Easterly along the N0I1h side of Victory Road 540 feet to a point, which shall be
the Southeast comer of the tract being described; thence
Northerly along a line perpendicular to thc Southern boundary line described
above (which is the North side of Victory Road) 484 feet to a point. which sha1l be the
Northeast comer of the tract being described; thence
Westerly along a line parallel to the Southern boundary line (North side of Victory
Road) 540 feet to a point on the Western boundary of the tract being described, which
point shall be the Northwest comer of the tract being described; thence
Southerly along said Western boundary line, which boundary line is the Eastern
boundary of the neighboring parcel described in Instrument No. 7760809, records of Ada
County, Idaho, 484 feet to the set nail which is the REAL POINT OF BEGINNING.
EXCEPT ditch and road rights of way.
Clayton Record and Susan T. Record
property located at 2384 E. Victory Road
Parcel A of Record of Survey No..2921, recorded July 14, 1994 as Instmment No.
94066900, being a portion of the Southeast Quarter of the Southwest Quarter of Section
20. Township 3 North, Range 1 East, Boise Meridian, Ada County. Idaho.
DEVELOPMENT AGREEMENT (AZ-O3-023)
PAGE 33 OF 34
EXHIBIT "B"
Findings of Fact and Conclusions of Law/Conditions of Approval
7,\W",'k\M\Mnidio"\M,,'idi,, I 5J60M\Sodo Spr.i"gs Sub AZ-O3-023 PP-O3-027 CUP-03-04J\Dc,"lopAgr.doc
DEVELOPMENT AGREEMENT (AZ-O3-023)
PAGE 34 OF 34
RECEIVED
FEB 0 ~ 2ao~
City Of Meridian
City Clerk Office
BEFORE THE MERIDIAN CITY COUNCIL
C/C 12/09/03
C/C 01/06/04
Revised per C/C 0 [/27/04
IN THE MATTER OF mE
APPLICATION FOR ANNEXATION
AND ZONING OF I I ACRES FOR
PROPOSED SODA SPRINGS
SUBDIVISION, LOCATED AT 2310
AND 2384 EAST VICTORY ROAD,
MERIDIAN, IDAHO
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The above entitled annexation and zoning application having come on/or public hearing
Case No. AZ-O3-023
FINDINGS OF FACT AND
CONCLUSIONS OF LAW MID
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
JLJ ENTERPRISES, INC.,
APPLICANT
on December 9, 2003 and continued until January 6, 2004, at the hour of 7:00 p.m., and Anna
PoweJl Planning Director for the Planning and Zoning Department, Brad Watson of the Public
Works Depal1ment, Fire Chief Kenny Bowers, Meridian Police ChiefBili Musser, Jane Suggs,
Lllcien Samaha, Kathy Thompson, Marvin Hansen, JeffTey Clingier, Louise Godby, Nancy
Hansen, Gene Buckland, Jim Jewett, Michelle Buckland, Nonn Wright, Donald Ferguson, and
Bruce Mills, appeared and testified, and the City Council having duly considered the evidence
and the record in this matter therefore makes the foHowing Findings of Fact and Conclusions of
Law, and Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-O3'()23)
PAGE 1 OF 19
.-
FINDINGS OF FACT
I.
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
2.
The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning'maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3.
The property which is the subject of the application for annexation and
zoning is described in the application, is approximately II acres in size ¡md is located at 23 J 0
and 2384 East Victory Road, Meridian, Idaho, all within the Area of Impact of the City of
Meridian and the Meridian Urban Service Planning Area as defined in the Meridian
Comprehensive Plan.
4.
The owners of record of the subject property are Charles Creech and Clayton
Record. Applicant is iLJ Enterprises.
5.
The property is presently zoned RUT and consists of two single family homes.
6.
The Applicant requests the property be zoned as R-8 (Medium Density
Residential).
7.
The subject property is bordered to the north by R-4, to the sowh by RUT, to Ihe
east by RUT and R-4, and to the west by R-4.
8.
The Applicant proposes to develop the subject property in the following manner:
as a residential subdivision.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING SODA SPRINGS SUBDMSION
(AZ-O3-023)
PAGE 2 OF 19
9.
Tile Applicant requests zoning oflhe subject real property as R-8, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which desigllates
the subject property as Medium Density Residential.
10,
There are no significant or scenic features of major importance that affect the
. consideration of this application.
11,
The City Council recognizes the concems ofMarviri and Nancy Hansen
expressed in their letter dated October 2, 2003. The City Council also recognizes the Petition
dated: RECENED SEP 25 2003 City of Meridian City Clerk Office, and which has been entered
into public record, by the homeowners ofSherbrooke HoJlows Subdivision, and the objection to
the house sizes for Soda Springs in a letter trom Andy C. Doll dated September 23, 2003.
Additionally, the narrative from Steven K. Harding dated: RECEIVED DEC 02 2003 City of
Meridian City Clerk Office has also been entered into public record in this matter.
12.
Giving due consideration to the comments received from the
goveml11ental subdivisions providing services in the City of Meridian planningjurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A.
Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
1.
Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic
purposes such as landscape irrigation.
A Development Agreement will he required as part of this annexation request.
2.
B,
Adopt the Recommendations of the Meridian Fire Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-O3-023)
PAGE3 OF 19
The following win be the requirements and/or concerns to provide minimum levels of fire protection
for the proposed project:
L
The phasing plan may require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have a turn around.
2.
AI! roads shall have a turning radius of28' inside and 48' outside.
3.
A minimum of two points of access will be required for any portion of the project, which
serves more than 50 homcs. The emergency access road will require either a 20' wide swing
gate or bollards. and ifbollards are used then the Meridian Fire DepaJ1ment willnecd to
approve of them. The location on Block] Lot 18 is approvcd.
4.
Provide a fire-flow per the International Fire Code Appendix D to service the project. Firc
hydrants shall be placed an average of 400' apart.
c.
Adopt the Recommendations of Central District Health Department as follows:
I.
This proposal can be approved for central sewage & central water after written approvaJ from
appropriate entities is submitted.
2.
The Applicant's centra! sewage and central water plans must be submitted to and approved
by the Idaho Department ofHeaJth & Welfare, Division of Environmental QuaJity.
3.
Run-off is not to create a mosquito breeding problem.
4.
Stonllwater shall be pretreated through a grassy swale prior to discharge to the subsurface to
prevent impact to groundwater and surface water quality. .
5.
The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a slonmvater
management system that prevents groundwater and surface water degradation.
D.
Adopt the Recommendations of the Ada County Highway District as fo Ilows:
Site Specific Conditions of Approval
I:
The applicant shall do one of the following:
a. Dedicate by donation a total of35-feet of right-of -way IT om centerline along Victory Road,
and construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a
minimlun of 28-feet ITom the centerline of the right-of-way.
FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(1'\2-03-023)
PAGE 4 OF 19
s.
9.
b. Do not dedicate additiona] right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Victory Road, located a minimum ofl8.feet from the centerline of the
right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Victory Road, located at the back edge of the existing right-of-way.
Accomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
2.
Construct the main entrance to be located so that Gunnell Avenue intersects Victory Road
approximately 385-feet east of the west property line.
3.
Construct GunnelJ Avenue and Tigert Street as 36-foot street sections with curb, gutter
and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 50-feet of
right-of-way.
4.
Construct Conda Avenue and McPherson Street as 29-foot street section with curb, gutter
and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 42-feet of
right-of-way.
5.
Construct Hudspeth Avenue as one-half of a 29-foot street section with curb, gutter and
5-foot concrete sidewalk on the west side of the roadway and a 3-foot gravel shoulder on
the east side of the roadway with a minimum of24-feet of pavement within a minimum
of35-feet of right-of-way, as proposed.
6.
Construct two 16-foot wide alJeys within the subdivision located perpendicular to Tigel1
Street and McPherson between Gonda A venue and Gunnell A venue AND between
Gunnell Avenue and Hudspeth Avenue. Construct the alJeys to have a bade-or-curb
radius of 15-feet at all intersections and pave the alleys their entire width of 16-feet. Any
driveways that are proposed to access an alley shall be located a minimum of25-feet trom
the nearest public street and the minimum clear distance from the back of any parking
stall to the opposite side of the alley shall be 22-feet.
7.
Construct one knuckle without a center island located in the northwest corner of
McPherson Street and Conda Avenue, as proposed.
Construct Hudspeth Avenue on the east propel1y line to serve as a quasi stub street for the
property that is located directly to the east, as proposed.
Construct a temporary emergency access road that will intersect Victory Road
approximately lO-feet west of the east property line and extend to the north to intersect
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRAþjTING APPLICA nON
FOR ANNEXA nON AND ZONING SODA SPRINGS SUBDMSlON
(AZ-O3-023)
PAGE 5 OF 19
5.
6.
7.
8.
9.
Tigert Street, as proposed. Install traffic bollards within the emergency access to
minimize the connection.
10.
Other than the access points that have specifically been approved with this application,
direct lot access to Victory Road is prohibited. Lot restrictions prohibiting access to
Victory Road shall be placed on the final plat.
]1.
Comply with aIJ Standard Conditions of Approval.
Standard Conditions of Approval
t.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with improving street fTontages abutting the site
shaU be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contapt Construction Services at
387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not. allowed LIDless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and aU applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shaH prepare and certify all improvement plans.
The applicant ahall submit revised plans for staff approval, prior to issuance ofbllilding
penllit (or other required permits), which incorporates any required design changes.
Construction, use and property development shall be in confonllance with all appJicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
It is the responsibility of the applicant to verity aU existing utilities within the right-of-
way. The applicant at no cost to ACHD shaU repair existing utilities damaged by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING SODA SPRINGS SUBDIVISION
(AZ-O3-023)
PAGE 6 OF 19
2.
3.
F.
applicant. The applicant shall be required to call DIGLJNE (J -800-342-1585) at least two
full business days prior to breaking ground within ACHD right-or-way. The applicant
shall contact ACHD Traffic Operations 387.6190 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
10.
No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confinuation of any change from the Ada CountyHighway
District.
11.
Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors ill interest advises the Highway District of its intent to change the planned use
orthe subject property unless a waiver/variance of said requirements or other legal relief
is granted pLlrsuaJl( to the law in effect at the time the change in use is soLlght.
E.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1.
A Land Use Change Applicaticln is required by the District before comment or approval can
be made on the CUP, and the Application must also be reviewed on the PP prior to final
platting.
All laterals and waste ways must be protected. All municipal surface drainage must be
retained on site. If any surface drainage leaves the site, the District must review drainage
plans.
The developer must comply with Idaho Code 31-3805.
Adopt the action of the City Council taken at their January 6,2004 meeting as follows:
For clarification:
I. The Applicant shaH increase the entry street width to 36'. By increasing the street to this
width it will help to create more parking. Also, the uont yard setbacks shall be reduced to
11' instead of 15' to additionally accommodate the 36' street width. (ACHD reviewed the
proposed street layout and found that a network of one-way streets would not be beneficial to
the circulation or safety in the proposed subdivision. ACHD is allowing the Apþlicant to
construct a 36' street section, with parking allowed on both sides, within a 50' right-of-way.
(Per ACHD's letter dated January 5, 2004.)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-03-023)
PAGE 7 OF 19
2. The Applicant shall revise the street layout on the east side of the subdivision to include a
rolled curb and gutter on the east side of Hudspeth Avenue.
3. Applicant shall cons1ruct cedar fencing behind the 6,500 square foot lots.
4. Applicant shall only be allowed one story homes to be built on the lots that back up to the
one story homes in Sherbrooke Hollows. Bonus rooms shall be aJIowed in these homes, but
no windows shall face into the Sherbrooke Hollows homes.
5. Minimum housing sizes shall be as follows:
a. 1,500 sq. ft. minimum for one story homes bordering Sherbrooke Ho)]ows.
b. 1,750 sq. ft. minimum for two story homes bordering Sherbrooke Ho)]ows.
c, 1,300 sq. ft. minimum for homes backing up to Victory Road.
d. 1,300 sq. ft. minimum for one story homes on alleys.
e. 1,600 sq. ft. minimum for two story homes on alleys.
6. The sanitary sewer connection shall be directly westward on Victory Road to the larger Ten
Mile Sewer Trunk and beyond in the future. Ultimately, the sewer shall be diverted to the
future Black Cat Sewer Trunk.
7. The subdivision shall now consist of 57 single family building lots.
13.
It is found that the requested zoning designations, R-8, is harmonious with and in
accordance with the adopted Comprehensive Plan and Generalized Land Use Map. which designates
the land to be "Medium Density Residential".
14.
The area has been designated as a Medium Density Residential area in Meridian's
Comprehensive Plan and is swrounded to the north, east, and west by residential subdivisions. The
Comprehensive Plan designation in combination with the neighboring residential subdivisions make
the proposed zoning of the property compatible with surrounding land uses and the City of
Meridian's plan for the development of the area.
15.
It is found that the proposed uses are compatible with the existing and intended
character of the area. The Comprehensive Plan designates the area as Medium Density Residential;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING SODA SPRINGS SUBDlVISION
(AZ-O3-023)
PAGE 8 OF 19
the residential subdivision and R-8 zoning designation are compatible with the Comprehensive Plan
designation. It is found that the proposed uses can be designed and constructed in a marulerthat will
be harmonious with and appropriate in appearance with the existing afld intended character of the
sulTounding area.
16.
It is not anticipated that the proposed uses will be hazardous or disturbing to future or
existing neighbors.
]7.
It is found that the subject property can be served adequate¡y by all essential public
facilities and services. Sewer and water lines will need to be extended by'the developer tÌ'01ll mains
in Victory and Locust Grove Roads. All other public services and facilities appear to be adequate to
serve this property such as highways, streets, police and fire protection, drainage structures. refuse
disposal.
18.
It is found that sanitary sewer and water mains service is readily available from
existing mains adjacent to the subject site. AU other public services and facilities noted in Finding
Number 17 above appear to be adequate to service this property.
19.
It is found that the proposed uses wiH create additional traffic, especially on Victory
Road. However, it is not believed that the increase in traffic will be excessive. It is not anticipated
that the proposed development will generate traffic, noise, smoke, odors or other nuisances that
would be detrimental to the general welfare of the suITOunding area.
20.
It is found that the proposed vehicular approaches 0 n Victory Road should not
appreciably interfere with traffic on the surrounding streets. The Ada County Highway District has
recommended that access to the subdivision offofVictoryRoad be moved to Gurmel! Avenue from
FINDINGS OF FACT AND CONCLUSIONS OF LAW
M'D DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDMSION
(AZ-O3-023)
PAGE 9 OF 19
Conda Avenue. The proposed a¡;cess offofCondaAvenue is closer than 300' to an existing access
road off of Victory found in the Sherbrooke Hollows Subdivision.
21.
It is found that no natural or scenic features of major il11p0l1ance will be lost or
damaged by approval of this annexation request. The subject property currently has two single
family dwellings and several outbuildings.
22.
It is found that that annexation of this property would be in the best interest of the
City by providing a variety of housing types, and an innovative subdivision layout
23.
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. 12, 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.
24.
It is also found that the development considerations as referenced in Finding No.
12 are reasonable to require and must be taken into account, in order to assure thc proposed
development is designed, constructed, operated and maintained in a manner which is hamlOniolis
. and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential clwacter 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.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written request for
FINDI:\'GS OF FACT AND CONCLUSIONS Of LAW
AND DECISION AND ORDER GRANTING APPUCA TION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDlV1SION
(AZ-O3-023)
PAGE 10 OF 19
annexation and the real property being contiguous or adjacent to city bOlmdaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2.
The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of ]975", codified at Chapter 65, Title 67, Idaho Code by the
adoption ofthe Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4.
The folJowing are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Chapter VI, Goal III, Objective A, Action 3
Chapter VII, Goal V, Objective A, Action 4.
5.
The zoning of(R-8) Medium Density Residential is defined in the Zoning Ordinance
at§ 11-7-2DastolJows:
(R-B) Medium Densitv Residential District: The purpose of the R-8 District is to pem1it
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those areas where such development has or
is likely to occur in accord with the Comprehensive Plan of the City and is also designed to
pemlÍl the conversion of large homes into tow-family dwellings in well-established
neighborhoods of comparable land use. Connection to the Municipal water and sewer
systems of the City is required.
6.
Since the annexation and zoning of land is a legislative function, the City has
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING SODA SPRINGS SUBDIVISION
(^Z-O3-O23)
PAGE 11 OF 19
authority to place conditions upon the annexation ofland. See Burt vs. The Citv ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
7.
The development of the annexed land, if annexed, shall meet and comply witll the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8.
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
~OW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LA W, theCíty Council does hereby Order and this does
Order:
1.
The applicant's request for annexation and zoning of approximately! I acres to
Medium Density Residential (R-8) is granted subject to the tenns and conditions of this Order
hereinafter stated.
2.
The application is for annexation and zoning of II acres. The legal description shal I
be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall confonn 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 meet the conditions set forth and in the event the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-O3-023)
PAGE 12 OF 19
3.
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 foIlowing conditions of development, to-wit:
A.
Adopt the Recommendations ofthe Meridian Planning & Zoning Department as follows:
L
Remove any existing domestic wells anellor septic systems within this project from their
domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic
purposes such as landscape irrigation.
A Development Agreement will be required as part of this annexation request.
2.
B.
Adopt the Recommendations of the Meridian Fire Department as follows:
The following will be the requirements anellorconcems to provide minimllmlcvels of fire protection
for the proposed project:
1.
The phasing plan may require that any roadway greater than 150' in length
that is not provided with an outlet shall be required to have a turn around.
2.
All roads shall have a turning radius of 28' inside and 48' outside.
3.
A minimum of two points of access will be required for any portion of the project, which
serves more than 50 homes. The emergency access road will require either a 20' wide swing
gate or bollards, and ifbollards are used then the Meridian Fire Department will need to
approve of them. The location on Block 1 Lot 18 is approved.
4.
Provide a fue-flow per the International Fire Code Appendix D to service the project. Fire
hydrants shall be placed an average of 400' apart.
c.
Adopt the Recommendations of Central District Health Department as follows:
l.
This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2.
The Applicant's central sewage and central wa~ pllll1S must be submitted to and
approved by the Idaho Department of Health & Welfare, Division ofEnvironl11ental
Quality.
Run-off is not to create a mosquito breeding problem.
4.
Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
fOR ANNEXA nON AND ZONING SODA SPRINGS SUBDMSION
(AZ-O3-023)
PAGE 13 OF 19
:2.
to prevent impact to groundwater and surface water quality.
5.
The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a storm water
management system that prevents groundwater and surface water degradation.
D.
Adopt the Reconnnendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
I.
The applicant shall do one ofthe following:
a. Dedicate by donation a total of35-feetofright-of-wayfrom cellterJinealong Victory Road,
and construct a minimum 5-foot wide collCrete sidewalk along Victory Road, located a
minimum of 28-feet from the centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-£00t wide concrete
sidewalk along Victory Road, located a minimum of28-feet from the centerline oftbe
right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-ot:way, but construct a minimum 5-foot wide concretc
sidewalk along Victory Road, located at the back edge of the existing right-oF-way.
Accomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
Construct the main entrance to be located so that Gunnell Avenue intersects Victory Road
approximately 385-feet east of the west property line.
3.
Construct Gunnell Avenue and Tigert Street as 36-foot street sections with curb, gutter
and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 50-feet of
right-of-way.
4.
Construct Conda Avenue and McPherson Street as 29-foot street section with curb, gutter
and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 42-feet of
right-of-way.
5.
Construct Hudspeth Avenue as one-half of a 29-foot street section with curb, gutter and
5-foot concrete sidewalk on the west side of the roadway and a 3-foot gravel shoulder on
the east side of the roadway with a minimum of 24-feel of pavement within a minimum
of 35-feet of right-of-way, as proposed.
6.
Construct two 16-foot wide alleys within the subdivision located pellJendicll1ar to Tigert
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDMSION
(AZ-O3-023)
PAGE 14 OF 19
4.
5.
Street and McPherson between Conda Avenue and Gwmell Avenue AND between
Gunnell Avenue and Hudspeth Avenue. Construct the alleys to have a back-of-curb
radius of1S-feet at all intersections and pave the alleys theirentire width of 16-feet. Any
driveways that are proposed to access an alley shall be located a minimum of25-feet from
the nearest public street and the minimum clear distance from the back of any parking
stall to the opposite side of the alley shall be 22-feet.
7.
Construct one knuckle without a center island located in the northwest corner of
McPherson Street and Conda Avenue, as proposed.
8.
Construct Hudspeth Avenue on the east property line to serve as a quasi stub street for tIle
property that is located directly to the east, as proposed.
9.
Construct a temporary emergency access road that will intersect V ictory Road
approximately 10-feet west of the east property line and extend to the north to intersect
Tigert Street, as proposed. h1stall traffic boJlards within the emergency access to
minimize the connection.
10.
Other than the access points that have specifically been approved with this application,
direct lot access to Victory Road is prohibited. Lot restrictions prohibiting access to
Victory Road shall be placed on the final plat.
II.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer. .
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONlNG SODA SPRINGS SUBDIVISION
(AZ-O3-023)
PAGE 15 OF 19
2.
engineer registered in the State of Idaho shall prepare and cel1ify all improvement plans.
6.
The applicant shall submit revised plans for staffapproval, prior to issuance ofbuilding
permit (or other required permits), which incorporates any required design changes.
7,
Construction, use and property development shall be in confo11l1ance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9.
It is the responsibility ofthe applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACHD right-of-way. TI1e applicant
shall contact ACHD Traffic Operations 387-6]90 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
]0.
No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confnmation of any change from the Ada County Highway
District.
11.
Any change by the applicant in the planned use of the property which is the subject of tiJis
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless a waiver/variance of said requirements Or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
E.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
I.
A Land Use Change Application is required by the District before comment or approval can
be made on the CUP, and the Application must also be reviewed on the PP prior to final
platting.
All laterals and waste ways must be protected. All municipal surface drdinage must be
retained on site. Ifany surface drainage leaves the site, the District must review drainage
plans.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DEC]SION AND ORDER GRANTING APPliCAT]ON
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-O3-023)
PAGE 16 OF 19
3.
The developer must comply with Idaho Code 31-3805.
F.
Adopt the action of the City Council taken at their January 6,2004 meeting as follows:
For clarification:
I. The Applicant shall increase the entry street width to 36'. By increasing the street to this
width it will help to create more parking. Also, the front yard setbacks shall be reduced to
II' instead or IS' to additionally accommodate the 36' street widlh. (ACHO reviewed the
proposed street layout and found that a network of one-way streets would not be beneficial to
the circulation or safety in the proposed subdivision. ACHO is allowing the App!ieallt to
construct a 36' street section, with parking allowed on both sides, within a 50' right-of-way.
(Per ACHD's letter dated January 5, 2004.)
2. The Applicant shall revise the street layout on the east side of the subdivision to include n
rolled curb and gutter on the east side of Hudspeth Avenue.
3. Applicant shall construct cedar fencing behind the 6,500 square foot lots.
4. Applicant shall only be allowed one story homes to be built on the lots that back up to the
one story homes in Sherbrooke Hollows. Bonus rooms shall be allowed in these homes, but
no windows shall face into the Sherbrooke Hollows homes.
5. Minimum housing sizes shall be as follows:
a. 1,500 sq. ft..minimum for one story homes bordering Sherbrooke Hollows.
b. 1,750 sq. ft. minimum for two story homes bordering Sherbrooke Hollows.
c. 1,300 sq. ft. minimum for homes backing up to Victory Road.
d. 1,300 sq. ft. minimum for one story homes on alleys.
e. 1,600 sq. ft. minimum ror two story homes on alleys.
6. The sanitary sewer connection shall be directly westward on Victory Road to the larger Ten
Mile Sewer Trunk and beyond in the future. Ultimately, the sewer shall be diverted to the
future Black Cat Sewer Trunk.
7. The subdivision shall now consist of 57 single family building lots.
4.
The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIVISION
(AZ-O3-023)
PAGE 17 OF 19
application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2.
5.
Subsequent 10 the passage ofthe Ordinance provided for in section 4 of this Order the
. engineering staffofthe 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
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision conceming the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a fmal action of the governing body ofthe City of Meridian,
pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real
property which may be adversely affected by this decision may, within twenty-eight (28) days after
the date ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67. Idaho
Code.
By action of the City Council at its regular meeting held on the
1" ..
2 - day of
J~'r
,2004.
ROLL CALL
COUNCll,MAN SHAUN WARDLE
VOTED~"'-'
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDiVISION
(AZ.O3.023)
PAGE 18 OF 19
COUNCILMAN BILL NARY
VOTED~
COUNCILMAN CHARLIE ROUNTREE
VOTED~
COUNCILMAN KEITH BIRD
VOTED *
MA YOR TAMMY de WEERD (TIE BREAKER)
DATED: 1- ~7-t)4-
MOTION:
APPROVED:---x-' DISAPPROVED:-
VOTED --
Attest:
F[NDINGS OF FAc[ AND CONCLUSIONS OF lAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SODA SPRINGS SUBDIViSION
(AZ-O3-O23)
PAGE 19 OF 19