HomeMy WebLinkAboutRedfeather Estates No. 2 DA 1
PARTIES:
1.
2.
3.
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,ERIDIANCITY 1134129529
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DEVELOPMENT AGREEMENT
City of Meridian
Bart L. Bryson, Owner
The Melvin R. and Noma E. Schrammeck Trust, Owner
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 6 ""..4 day of h~- f- ,2004, by and between CITY OF
MERIDIAN, a municipal corporation fthe State ofIdaho, hereafter called "CITY', and
BART L. BRYSON, whose address is 6324 Cassia, Boise, Idaho 83709, and The Melvin
R. and Noma E. Schrammeck Trust, c/o Joy A. Moore, Trustee, whose address is 2745 S.
Eagle Road, Eagle, Idaho 83616, and hereinafter called "OWNER".
1.
RECITALS:
1.1
1.2
WHEREAS, "OWNER" is the sole owner, in law and/or equity, of
certain tract ofland in the County of Ada, State ofIdaho, described
in Exhibit A for the C-G zoning, which is attached hereto and by
this reference incorporated herein as if set forth in full, hereinafter
referred to as the "Property"; and
WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the "Owner" 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, "Owner" has submitted an application for annexation
and zoning ofthe "Property" described in Exhibit A, and has
requested a designation of (C-G) General Retail and Service
Commercial District (Municipal Code ofthe City of Meridian);
and
1.5
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
DEVELOPMENT AGREEMENT (AZ-O3-021)
PAGE 1 OF 16
1.6
1.7
1.8
1.9
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 - day of -' 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" to enter into a
development agreement before the City Council lakes final action
on annexation and zoning designation; and
"OWNER" deem it to be in its best interest to be able to enter inlo
this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
WHEREAS, "City" requires the "Owner" to enter into a
development agreement for the purpose of ensuring that the
subsequent use and development of the "Property" is in accordance
with the terms and conditions ofthis development agreement,
herein being established as a result of evidence received by the
"City" in the proceedings for annexation and zoning designation
from government subdivisions providing services within the
planning jurisdiction and from affected property owners and to
ensure annexation and zoning designation is in accordance with the
amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian City Code Title 11
and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ-O3-02l)
PAGE 2 OF 16
3. DEFINITIONS: For all purposes ofthis Agreement the following words,
terms and phrases herein contained in this section shall be defined and interpreted as
herein provided for, unless the clear context ofthe presentation of the same requires
otherwise:
4.
3.1
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state ofIdaho, organized and existing by virtue
oflaw of the State ofIdaho, whose address is 33 East Idaho
A venue, Meridian, Idaho 83642.
3.2
"OWNER": means and refers to Bart L. Bryson, whose address is
6324 Cassia, Boise, Idaho 83709, and The Melvin R. and Noma E.
Schrammeck Trust, c/c Joy A. Moore, Trustee, whose address is
2745 S. Eagle Road, Eagle, Idaho 83616, the party owning said
"Property" being developed and shall include any subsequent
owner(s) of the "Property".
3.3
"PROPERTY": means and refers to those 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 CoG attached hereto and by this reference incorporated
herein as if set forth at length.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (K) which are herein specified as follows:
Any future uses of the property shall be approved only through
the conditional use permit process. Additionally, either a public
or private backage street generally parallel with Eagle Road/SH
55 shall be incorporated into the design of the future site plans.
A conceptual master plan demonstrating interconnectivity,
transitional uses, access points and other key land planning
issues is required prior to any detailed CUP applications being
submitted on either the Bryson or Schrammeck properties for the
C-G zone.
DEVELOPMENT AGREEMENT (AZ-O3-02l)
PAGE 3 OF 16
4.2
No change in the uses specified in this Agreement shall be allowed
without modification ofthis Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.A
"Owner" shall develop the "Property" in accordance with the following
special conditions:
1. Removal of any existing domestic wells and/or septic systems within this project
from their domestic service must be accomplished at such time as the "Owners" change
the current use of "Property" or otherwise develop the "Property" in accordance with the
terms hereof.
2. Any future uses ofthe property shall be approved only through the conditional use
permit process. In addition, there is a requirement that either a public or private backage
street generally parallel with Eagle Road/SH 55 shall be incorporated into the design of
future site plans. A conceptual master plan demonstrating interconnectivity, transitional
uses, access points and other key land planning issues is required prior to any detailed
CUP applications being submitted on either the Bryson or Schrammeck properties.
The following Comprehensive Plan policies (from Chapter VI and Vll) shall be
applicable to these properties:
Transportation Policies Applicable to the BrvsoniSchrammeck Annexation:
.
"Large development proposals that are likely to generate significant traffic should
be assessed for their impact on the transportation system and surrounding land
uses. They should be examined for ways to encourage all forms oftransportation
such as transit, walking, and cycling.
. New development should not rely on cul-de-sacs since they provide poor fire
access, walkability, and neighborhood social life. New development and streets
should be designed to encourage walking and bicycling.
.
In addition to providing for enhanced automobile traffic, Meridian should seek
ways to encourage alternative modes of transport. Improvement in and
encouraged use of public transit systems is an important first step. Public transit
includes bus systems and ridesharing. By fostering such means of high vehicle
occupancies, congestion on roadways can be decreased.
DEVELOPMENT AGREEMENT (AZ-O3-02l)
PAGE 4 OF 16
. Pathways that encourage use by bicyclists and pedestrians can decrease road
congestion and add to the community's quality oflife. The proposed off-street
and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New
and existing developments should ensure that the guidelines laid out in this plan
are adopted.
. Eagle Road is the major north-south arterial in Ada County. The capacity of this
arterial should be protected by minimizing the number and location of private
driveway access connections to this important roadway. The City should
recognize, adopt, and help implement the Eagle Road Access Control Study,
prepared by ACHD in 1997."
Mixed Use Development Policies Applicable to the BrvsoniSchrammeck
Annexation:
. "Where feasible, multi-family residential uses will be encouraged, especially for
projects with the potential to serve as employment destination centers and when
the project is adjacent to State Highways 20-26, 55 or 69;
. In developments where multiple commercial and/or office buildings are proposed
(not residential), the buildings should be arranged to create some form of
common, usable area, such as a plaza or green space;
. Where the project is developed adjacent to low or medium density residential
uses, a transitional use is encouraged."
3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-
13. Plans will need to be approved by the appropriate irrigationldrainage district, or lateral
users association, with written confirmation of said approval submitted to the Public Works
Department.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "Owner" or "Owner's" heirs, successors, assigns, to
comply with Section 5 entitled "Conditions Governing Development" of subject
"Property" of this agreement at such time as the "Owners" develop the "Property" in
accordance with the terms hereof, and after the "City" has complied with the notice and
hearing procedures as outlined in I.C. §67-6509, or any subsequentarnendments or
recodifications thereof.
DEVELOPMENT AGREEMENT (AZ-O3-O21)
PAGE 5 OF 16
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" 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:
7.1
That the "City" provide written notice of any failure to comply
with this Agreement to "Owner" and ifthe "Owner" fails to cure
such failure within six (6) months of such notice.
8. INSPECTION: "Owner" shall, immediately upon completion of any
portion or the entirety of said development of the "Property" as required by this
agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and
all other ordinances ofthe "City" that apply to said Development.
9.
DEFAULT:
9.1
9.2
In the event "Owner" or "Owner's" heirs, successors, assigns, or
subsequent owners ofthe "Property" or any other person acquiring
an interest in the "Property", fail to faithfully comply with all of
the terms and conditions included in this Agreement in connection
with the "Property", this Agreement may be modified or terminated
by the "City" upon compliance with the requirements of the Zoning
Ordinance.
A waiver by "City" of any default by "Owner" of anyone or more
of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such
or other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all ofthe Exhibits, at
"Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading
of the Meridian Zoning Ordinance in connection with the annexation and zoning of the
"Property" by the City Council. If for any reason after such recordation, the City Council
DEVELOPMENT AGREEMENT (AZ-O3-021)
PAGE 6 OF 16
fails to adopt the ordinance in connection with the annexation and zoning ofthe
"Property" contemplated hereby, the "City" shall execute and record an appropriate
instrument of release of this Agreement.
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
12. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owner", or by any successor or successors in
title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate
action at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
12.1
12.2
In the event of a material breach of this Agreement, the parties
agree that "City" and "Owner" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the
non-breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which
cannot with diligence be cured within such thirty (30) day period, if
the defaulting party shall commence to cure the same within such
thirty (30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time allowed to cure
such failure may be extended for such period as may be necessary
to complete the curing of the same with diligence and continuity.
In the event the performance of any covenant to be performed
hereunder by either "Owner" or "City" is delayed for causes which
are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such
delay.
13. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure that installation ofthe
improvements, which the "Owner" agrees to provide, if required by the "City".
DEVELOPMENT AGREEMENT (AZ-O3-02l)
PAGE 7 OF 16
14. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner" have entered into an addendum agreernent stating when the
improvements will be completed in a phased developed; and in any event, no Certificates
of Occupancy shall be issued in any phase in which the improvements have not been
installed, completed, and accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide
by all ordinances of the City of Meridian and the "Property" shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement,
and the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY:
OWNER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Bart L. Bryson
6324 Cassia
Boise, Idaho 83709
with copy to:
The Melvin R. and Noma E. Schrammeck
Trust
c/o Joy A. Moore, Trustee
2745 S. Eagle Road
Eagle, Idaho 83616
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
16.1
A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable attorney's
DEVELOPMENT AGREEMENT (AZ-O3-021)
PAGE 8 OF 16
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any ofthe obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the parties' respective heirs, successors, assigns and
personal representatives, including "City's" corporate authorities and their successors in
office. This Agreement shall be binding on the "Owner" of the "Property", each
subsequent owner and any other person acquiring an interest in the "Property". Nothing
herein shall in any way prevent sale or alienation of the "Property",'or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the conditions and
restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute
appropriate and recordable evidence oftermination ofthis Agreement if "City", in its sole
and reasonable discretion, had determined that "Owner" has fully performed its
obligations under this Agreement.
20. INVALID PROVISION: If any provision ofthis Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner" and "City"
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between "Owner" and "City",
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest
or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or
resolution of "City".
21.1
No condition governing the uses and/or conditions governing development
ofthe subject "Property" herein provided for can be modified or amended
DEVELOPMENT AGREEMENT (AZ-O3-02l)
PAGE 9 OF 16
without the approval of the City Council after the "City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning ofthe
"Property" and execution ofthe Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-03-02l)
PAGE 10 OF 16
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNER:
BY'§/? ~ -
LB on V
AND
BY: ~ 4 ~. ~.::tu.
Joy A. Moore, Trustee for the Melvin R. and
Noma E. Schrammeck Trust
CITY OF MERIDIAN
Attest:
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CITY CLERK
DEVELOPMENT AGREEMENT (AZ-03-021)
PAGE 11 OF 16
STATE OF IDAHO)
:ss
COUNTY OF ADA )
On this .:2/ 5 -I-- day of 5~~ , in the year
2004, before me, a Notary Public, personally appear Bart L. Bryson, known or IdentIfied to
me to be the person who executed the instrument and acknowledged to me that he has
executed the same.
(SEAL)
STATE OF IDAHO)
: ss:
~¿J~
No ary Pubhc for I aho
Residing at: J' ~ ¡)
Commission expires:
County of Ada
On this ()t'J- day of ~ ' in the year
2004, before me, a Notary Public, personally appe ed J A. Moore, known or IdentIfied to
me to be the Trustee for The Melvin R. and Noma E. Schrarnmeck Trust, and who executed
the instrument and acknowledged to me that she has executed the same on behalf of said
trust.
(SEAL)
~Q,~~
Not..PU~~
Resldmg a
Commission expires: to II ì /Ot¡
DEVELOPMENT AGREEMENT (AZ-03-02l)
PAGE 12 OF 16
STATE OF IDAHO)
:ss
County of Ada
On this ;:¡ I S>I- day of Sc~bv- , in the year 2004,
before me, a Notary Public, personally appeared Tammy de Weerd and WIlham G. Berg,
know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said
City, and acknowledged to me that such City executed the same.
(SEAL)
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Residing at: ~~&~
Commission expires: 10-;
DEVELOPMENT AGREEMENT (AZ-03-02l)
PAGE 13 OF 16
EXHIBIT A
CoG ZONING
(Brvson/Schrammeck Parcel)
A parcel ofland situated in the NW Y. of Section 4, T.3N., R1E., B.M., Ada
County, Idaho and more particularly described as follows:
COMMENCING at a brass cap marking the Northwest corner of said Section 4;
thence along the West line of said Section 4
South 00°36'11" West 1390.15 feet to the Northwest corner ofthat Parcel
described in Instrument No. 8117732 in the Office of the Recorder for Ada
County, Idaho, said point being on a line that is parallel with and 99.00 feet South
of the South line of Government Lot 4 of said Section 4 and also being the
POINT OF BEGINNING; thence along the boundary of said Parcel along said
parallel line
South 89°52'14" East 769.96 feet to a point; thence continuing along a line
parallel with said West line of Section 4
North 00°36' 11" East 99.00 feet to a point on said South line of Government Lot
4; thence continuing along said South line
South 89°52'14" East 560.11 feet to a point on the West line of Perkins-Brown
Subdivision as on file in Book 25 of Plats at Pages 1562 and 1563 in said Office
ofthe Ada County Recorder; thence continuing
South 00°37'36" West 1212.21 feet to the Southeast corner of said Parcel; thence
along the Southwesterly line of said Parcel
North 72°58'49" West 99.53 feet to a point; thence continuing
North 40°43'49" West 366.30 feet to a point; thence continuing
North 85°33'49" West 174.90 feet to a point; thence continuing
North 71 °18'49" West 132.00 feet to a point; thence continuing
North 34°48'49" West 227.70 feet to a point; thence continuing
North 66°18'49" West 264.00 feet to a point; thence continuing
South 84°26' 11" West 17.43 feet to the Northeast corner of that Parcel described
in Instrument No. 912958 in said Office of the Ada County Recorder; thence
along the East line of said Parcel
South 00°36' 11" West 218.08 feet to the Southeast corner of said Parcel; thence
along the South line of said Parcel
North 89°23'49" West 300.00 feet to a point on said West line of Section 4;
thence along said West line
North 00°36' 11" East 459.43 feet to a point on said boundary line of the Parcel
described in Instrument No. 8117732; thence along said boundary line
DEVELOPMENT AGREEMENT (AZ-03-021)
PAGE 14 OF 16
South 89°23'49" East 185.00 feet to a point; thence continuing
North 00°36'11" East 90.00 feet to a point; thence continuing
North 89°23'49" West 185.00 feet to a point on said West line of Section 4;
thence continuing along said West line
North 00°36'11" East 127.83 feet to the POINT OF BEGINNING;
Said Parcel Contains 23.70 Acres, more or less.
DEVELOPMENT AGREEMENT (AZ-03-02l)
PAGE 15 OF 16
EXHIBIT B
Findin!!s of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-03-02l)
PAGE 16 OF 16
HE C E lVE D
APR 2 1 2OQI¡
City Of Meridian
City Clerk Office
BEFORE THE MERIDIAN CITY COUNCIL
C/C 03/02/04
PACKARD ESTATES
DEVELOPMENT, LLC,
APPLICANT
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION)
AND ZONING OF 114.52 ACRES )
FOR PROPOSED REDFEATHER )
ESTATES SUBDMSION NO.2)
FROM RUT TO R4 PLANNED )
DEVELOPMENT AND G-G )
GENERAL RETAIL AND SERVICE)
COMMERICAL, LOCATED ON )
THE SOUTH SIDE OF US TICK )
ROAD, * MILE WEST OF )
CLOVERDALE ROAD, AND THE )
EAST SIDE OF EAGLE ROADISH )
55, ~ MILE SOUTH OF USTICK, )
MERIDIAN, IDAHO )
)
)
)
)
Case No. AZ-O3.021
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public hearing
on March 2, 2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning
and Zoning Department, Becky McKay, Stokes, Carla Williams, Michelle Broadhead, Fitsroy
Blecher, Bruce Mills, Kenny Bowers and Susan Cole, appeared and testified, and the City
Council having duly considered the evidence and the record in this matter therefore makes the
following Findings ofFact and Conc1usions of Law, and Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING REDFEATHER ESTATES
SUBDMSION NO.2 PLANNED DEVELOPMENT
(AZ-O3-QZl)
PAGE 1 OF 26
FINDINGS OF FACT
L
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, subdi vision and development
ordinances oodified at Titles 1 I 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 114.52 acres in size and is located on the
south side of Us tick Road, ~ mile west of Clover dale Road, and the east side of Eagle Road/SH
55, ~ mile south of Us tick, 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 subj ect property are Harry and Frances Bryson,
Melvin R. and Noma E. Schrammeck Trust, Alan and Elaine Durkheimer, Melvina and Will
Grant, The Ustick 36, LLC and Archie Ralph Wood, and all have submitted notarized consent for
Packard Estates Development, LLC to submit the subject applications. Applicant is Packard
Estates Development, LLC.
5.
The property is presently zoned RUT (Ada County), and consists of a single-
family residence and vacant land.
6.
The Applicant requests the property be zoned as R-4I90.29 acres (Low Density
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION ANDZOMNG REDFEATHERESTATES
SUBDMSION NO.2 PLANNED DEVEWPMENT
(AZ-O3-O21)
PAGE 2 OF 26
Residential) and C-G/24.23 acres (General Retail and Service Commercial).
7.
The subject property is bordered to the north by Heather Meadows Subdivision,
pending Kissler annexation parcel (18 acres) and a future church site, to the south by Clover
Meadows Subdivision and a twf farm, to the east by Briarwood, Dawson Meadows and
Redfeather Estates No. I Subdivisions, and to the west by Perkins-Brown Subdivision and
undeveloped land.
8.
The Applicant proposes to develop the subject property in the following manner:
302 building lots and 28 other lots on 90.29 acres.
9.
The Applicant requests zoning of the subject real property as R-4 and C-G, which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which
designates the subject property as Medium Density Residential.
10.
The Milk Lateral and the South Slough Drain are two scenic features that affect
, the consideration of this application.
II.
The City Council recognizes the concerns of the following individuals:
- Sheny and Harvey Hoff (letter dated 9/12/03)
- J.P. Rolison (letter dated 9/l/03)
- Charles and Josephine Altman (letter dated 9/3103)
- Fitzroy A. and Virginia Belcher (letter dated 9/4/03)
- Hal and Michelle Broadhead (letter dated 9/3/03)
- Gerald J. and Cathy L. Reeves (letter dated 9J3/O3)
- J.R. Nishioka (letter dated 9/1/03)
- Wilbur K. and Barbara A. Braddick (letter dated 918/03)
- Dan and Darlene Thompson
- Robert C. Sanders (letter dated 9/10/03)
- Howard and Karen Jeffries (letter dated 9/1l/03)
- Sue Piva (letter dated 12/4/03)
- Michael Tyvand (letter dated 12/4/03)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING REDFEATHER ESTATES
SUBDIVISION NO.2 PLANNED DEVELOPMENT
(AZ-O3-O21)
PAGE 3 OF 26
12.
Giving due comideration to the comments received wm the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A.
Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
I. Do not require the inclusion of the one-acre Smitchger out parcel in the annexation.
B.
Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
I. Removal of any existing domestic wells and/or septic systems within this project
ftom their domestic service must be accomplished within two years of the approval of these
Annexation and Zoning Findings, but it may be extended for an additional year by the City
Engineer if good cause is shown, and pending development of the parcel would warrant the
extension. Wells may be used for non-domestic purposes such as landscape irrigation.
2. Prior to annexation, a Development Agreement shall be entered into between the Ci ty
of Meridian and the owners of the property to be zoned CoG (Harry & Frances Bryson and
Melvin R. and Noma E. Scbramrneck Trust) that requires any future uses of the property to
be approved only through the conditional use permit process. In addition, the agreement shall
include a requirement that either a public or private backage street generally parallel with
Eagle Road/SH 55 be incorporated into the design of future site plam. A conceptual master
plan demonstrating interconnectivity, transitional uses, access points and other key land
planning issues is required prior to any detailed CUP applicatiom being submitted on either
the Bryson or Schrammeck properties.
The DA shall also cite the following Comprehensive Plan policies (fTom Chapter VI and
VII) as applicable to these same properties:
Transuortation Policies Aoolicable to the BrvsonlScbrammeck Annexation:
. "Large development proposals that are likely to generate significant traffic should be
assessed for their impact on the transportation system and surrounding land uses. They
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPliCATION
FOR ANNEXATION AND ZONING REDFEATHER ESTATES
SUBDMSION NO.2 PLANNED DEVELOPMENT
(AZ.03-o21)
PAGE4 OF 26
should be exlUJ1Íned for ways to enoourage all forms of transportation such as transit,
walking, and cycling.
. New development should not rely on cul-de-sacs since they provide poor fire access,
walkability, and neighborhood social life. New development and streets should be
designed to encourage walldng and bicycling.
. In addition to providing for enhanced automobile traffic, Meridian should seek ways to
encourage alternative modes of transport. Improvement in and encouraged use of public
transit systems is an important first step. Public transit includes bus systems and
ridesharing. By fostering such means of high vehicle occupancies, congestion on
roadways can be decreased.
. Pathways that encourage use by bicyclists and pedestrians can decrease road congesûon
and add to the community's quality of life. The proposed off-street and multiple-use
pathway systems are depicted in Figures VI-3 and VI-4. New and exisûng developments
should ensure that the guidelines laid out in this plan are adopted.
. Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial
should be protected by minimizing the number and location of private driveway access
connections to this important roadway. The City should recognize, adopt, and help
implement the Eagle Road Access Control Study, prepared by ACHD in 1997."
Mixed Use Development Policies ADDlicable to the Brvson/Schrammeck Annexation:
. "Where feasible" mulû-family residential uses will be encouraged, especially for projects
with the potential to serve as emplo)1l1ent destination centers and when the project is
adjacent to State Highways 20-26, 55 or 69;
. In developments where multiple commercial and/or office buildings are proposed (not
residential), the buildings should be arranged to create some form of common, usable
area, such as a plaza or green space;
. Where the project is developed adjacent to low or medium density residential uses; a
transitional use is encouraged."
3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-
13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral
users association, with written confirmation of said approval submitted to the Public Works
Department.
FINDING S OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING REDFEATHER ESTATES
SUBDIVISION NO.2 PLANNED DEVELOPMENT
(AZ-O3~21)
PAGES OF 26
c.
Adopt the Recommendations of the Ada County Highway District as follows:
I. The Board of Commissioners authorizes the expenditure of available collected impact
fees for the purchase of right-of-way dedicated by the applicant, with the applicant
constructing a sidewalk as described below. However, iffunds cannot be secured, the
applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely ftom the
applicant's specific development project) an additiona123- feet ofright-of-way
along Ustick Road, and construct a milÚ11lum 5.foot wide concrete sidewalk along
Ustick Road,located a minimum of23-feet ftom 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 Ustick Road, located a minimum of 23-feet ftom the
centerline of the right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but constrnct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located at the back edge of the existing
right-of-way. Accomplish all necessary adjustments to properly accommodate
existing drainage and utilities.
2. ConstJuct the main entrance, North Grenadier Way, to intersect Ustick Road
approximately 370-feet east of the west property line, as proposed. This roadway shall
align with an existing roadway that is located on the north side of Ustick Road.
3. Construct North Grenadier Way and East Granger Street as residential collectors, but
believes that these roadways should be constructed as 36-fuot street sections with vertical
curb, gutter and 4-foot detached concrete sidewalk (or a 5-foot attached concrete
sidewalk).
4. Construct the remainder of the internal roadways as 36-foot street sections with rolled
curb, gutter and 5-foot attached concrete sidewalks, as proposed.
5. Extend Granger Street ftom the east property line approximately 640-feet north of the
south property line, as proposed.
6. Extend East Palm Street ftom the east property line approximately 440-feet north of the
south property line, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING REDFEATHER ESTATES
SUBDMSION NO.2 PLANNED DEVELOPMENT
(AZ-O3-O21)
PAGE 6 OF 26
7, Install swinging gate at the connection of Duane Drive and Palm Street for the present
time. Construct a pedestrian/bicycle pathway that connects the improvements on Duane
Drive (south of the gate) to the 24-feet of pavement that exists (north of the gate).
* Duane Drive shall be a public street connection. Also, a publìc hearing would have to
be held by the Commission if there was a request for the gate to be removed. Anyone can
make the request to remove the gate, which would include members of the public, service
providers, agencies, etc, (per Christy Richardson's letter to Anna Powell - Planning and
Zoning Dired:or, stamped: RECENED FEB 04 2004 City of Meridian City Clerk
Office.)
8. Construct a stub street (East Palm Street) to the west property line approximately 500-feet
north of the south property line, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
9. Construct a stub street tot eh south property line approximately 900-feet east of the west
property line, as proposed. Install a sign at the tenninus of the roadway stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE",
10. Construct a stub street to the 5 -acre out parcel that is located at the south property line, as
proposed. Install II sign at the terminus of the roadway stating that, "THIS ROAD WILL
BE EXTENDED IN THE FUTURE".
II. Construct a stub street to the north property line approximately 100- feet west of the east
property line, as proposed, Install a sign at the terminus of the roadway stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
12. Construct a pedestrian path (rather than a stub street) that will connect this subdivision
with Briarwood Subdivision, as proposed.
13. Before a building permit is issued for lot 242, install the center turn lane on Cloverdale
Road at the intersection of Cloverdal e Road and Granger Street if the warrants are met
prior to the District's reconstruction of Cloverdale Road.
14. Coordinate the timing and the design of the right-turn mdii on Ustick Road into the site at
both Duane Drive and Grenadier Way with the District's Traffic Services Staff.
15. CunstTuct an island/median within the public right-of,.way of North Grenadier Way (near
the intersection of Us tick Road), as proposed. Provide a minimum of a 21-foot street
section on either side of any proposed center islands within the turnarounds. Constmct the
islandlmeclian to be a minimum of 4- feet wide to total a minimum of a 100-square foot
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPliCATION
FOR ANNEXATION AND ZOffiNG REDFEA THER ESTATES
SUBDIVISION NO.2 PLANNED DEVELOPMENT
(AZ-O3~21)
PAGE7 OF26
area. Any proposed landscape islands/medians within the public right-of-way dedicated
by this plat shall be owned and maintained by a homeowners association.
16. Construct five cul-de-sac turnarounds without center islands within the subdivision, as
proposed. Provide a minimum turning radius of 45-feet.
17. Construct chokers on the north side of Palm Street at the intersection of Duane Drive to
provide for a reduced street section.
18. Vacate the existing right-of-way, exchange the existing right-of-way, or improve the
existing right-of-way within the proposed development (a portion of Granger Street and a
20-foot strip that abuts the Perkins Brown Subdivision's east property line).
1 9. Deter all construction traffic Duane Drive, as no construction traffic should utilize Duane
Drive.
20. Other than the access point that has been specifically approved with this application,
direct lot access to Ustick Road is prohibited.
21. Comply with all Standard Conditions of Approval.
22. Per Christy Richardson's letter to Anna Powell - Planning and Zoning Director, stamped:
RECENED FEB 04 2004 City of Meridian City Clerk Office, the applicant has
submitted a revised layout of some of the local streets in the intersection. The layout
appears to meet the District's policies and is approved as proposed.
D. Adopt the Meridian Fire Department Recommendations as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire protection
wthe~œed~~: ,
I. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400'
apart.
2. Acceptance of the water supply fur fire protection will be by the Meridian
Water Department
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will
be submitted to the Public Works Department. All curbing in front of fire hydrants shall be
painted red for 10' on each side of the installation.
FJNDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING REDFEATHER ESTATES
SUBDIVISION NO.2 PLANNED DEVELOPMENT
(AZ.Q3-O21)
PAGE 8 OF 26
4. All roads shall have a turning radius of28' inside and 48' outside.
S. Operational fire hydrants and tempOI'lUyor pem¡anent street signs are required before combustible
construction begins.
6. The phasing plan may require that any roadway greater than ISO' in length that is not provided with
an outlet shall be required to have a turn around.
7. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Senson;¡ to ensure a safe and efficient
response by fire and emergency medical service vehicles. The cost of this installation is to be
bome by the developer.
8. 1;;.~g:~steà tliat 9uaBe Df. Be esB:II.eeteE\ '.v*à fall -::idtli 8ireet te 1'1'8"0 ;àe seeeoo!I!'Y assess
fey tlie JII'EIj eet. A public strœt connection will be made to Duane Drive. However, the acce&s
will be restricted by a gate. The gate will allow for emergency vehicle, pedestrian and bicycle
access. The Applicant shall coordinate the design of the gate with ACHD and the Meridian
Fire Department. (Per action of the City Council meedng of March 2, 2004.)
E.
Adopt the Recommendation ofNampa & Meridian hrigation District as follows:
]. The pump station at Dawson Meadows, that this project will hook up to, needs to be
enlarged in order to meet the demand that will be put on it.
2. Applicant shall apply for a land use change/site application.
F.
Adopt the Recommendations of the Central District Health Department as follows:
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-otf is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swats prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING REDFEATHER ESTATES
SUBDNISION NO.2 PLANNED DEVELoPMENT
(AZ-O3-oZ1)
PAGE9 OF26
G.
3.
4.
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 Councíl taken at their March 2, 2004 meeting as follows;
For clarification:
1.
Duane Drive shall be a public street connection. Also, a public hearing would
have to be held by the Ada County Highway Commission if there was a request
for the gate to he removed. Anyone can make the request to remove the gate,
wlúch would include members of the public, service providers, agencies, etc. (Per
Christy Richardson's ofletter to Anna Powell- Planning and Zoning Director,
stamped: RECEIVED FED 04 2004 City of Meridian City Clerk Office.)
Additionally, the Ada County Highway Commissjon, upon a public hearing,
would then have to address the Duane Drive standards, width, sjdewalks, and who
would bear the expense for said improvements.
At no point in time shall construction traffic, or extra vehicles, except the present
existing surrounding homeowners, be allowed to use Duane Drive, and the existing
fence, which is now in place, shall remain in place until such time as the gate can be
constructed.
2.
Since the most western portion of the property is to be made a part of this annexation
wlúch is to be rezoned to CoG, a Development Agreement shall be entered into
between the City of Meridian and the owners of the property to be zoned CoG (Harry
& Frances B¡yson and Melvin R. and Noma E. Schrammeck Trust) that would
restrict development of future uses for this area. The Development Agreement shall
also cite the appropriate Comprehensive Plan policies (from Chapter VI and VTI) as
applicable to these properties. (See number B.2. above for further explanation.)
Pertaining to the dispute over the boundary lines on Granger between the Applicant
and Jim and Irma Mittleider, the Applicant resolved this situation by positioning the
right-of-way further north to compensate for what the Mittleider's believe to be their
property. The Applicant shall also wolk with the Mittleiders to work out the piping of
ditches. Additionally, the Applicant stated on public record that they would be
willing to meet with the Mittleiders to go over the development plan, and to discuss
any issues they may have.
The revised Landscape Plan shows the increased landscape buffer along Ustick Road
to be 35 feet, wlúch meets the entryway corridor policy of the City.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND WNING REDFEA TIIER ESTATES
SUBDMSION NO.2 PLANNED DEVELOPMENT
(AZ-O3-Ð21)
PAGE 10 OF 26
13.
It is found that the requested zoning designations, R-4 and CoG, are harmonious with
and in accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which
designates the land to be "Mixed Use Regional for the proposed G-G property and Medium Density
Residential for the R-4 property".
14.
It is not anticipated that the applicant intends to rezone the subject property in the
future because of the proposed use in the R-4 zone (single-family) and the flexibility for future
development on the C.G proposed property.
15.
It is found that the proposed single-family residential portion of the zoning
amendment would be developed in a manner substantially consistent with the proposed R-4 zone
and/or consistent with alloweable Planned Development uses. The applicant submitted a revised
preliminary plat, planned development plan. and landscape plan for the R -4 single- family residential
property, but a Development Agreement will need to be entered into between the City of Meridian
and the owners of the property to be zoned CoG (Harry & Frances Bryson and Melvin R. and Noma
E. Schrammeck Trust) that would restrict development of future uses for this area. The
Development Agreement shall also cite the appropriate Comprehensive Plan policies (from Chapter
VI and VII) as applicable to these properties. (See number B.2. above for further explanation.)
16.
It is found that the annexation, zoning IIDd redevelopment of parcels to the north and
east of this site (within Boise City limits) to medium density residential uses are sinrilar to the
proposed use and would be compatible. Recently there have been several larger residential
subdivisions, with densities similar to those allowed in the R-4 zone that have been approved by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONJNG REDFEA THER ESTATES
SUBDIVISION NO.2 PLANNED DEVELOPMENT
(AZ-O3-O21)
PAGE 11 OF 26
City ofBoise. Providence Place, Heather Meadows Subdivision, Dawson Meadows Subdivision and
Redfeather Estates Subdivision # I have all been approved for single- family residences in the vicinity
of this site.
An annexation and zoning application for a proposed CoG zone was approved by the
Planning and Zoning Commission in September 2003 for the 18 acres immediately north of the
proposed CoG property within the subject application.
The arterial streets adjacent to this site, Ustick Road (between Cloverdale Road and Eagle
Road) and Eagle Road are currently not included within ACHD's Five Year Work Program for
roadway improvements.
17.
It is found that the proposed use R-4 (single family residential) match the intended
character of the vicinity. It is found that the proposed zoquses can be designed and constructed in
a manner that win be harmonious with and appropriate in appearance with the existing and intended
character of the surrounding area. It is also found that to ensure compatibility of the commercial
area, a Development Agreement shall be required which will help guide appropriate and harminous
appearances in the future. The existing character of the area will, and is, currently changing,
especially upon build-out of the proposed project and other similar subdivisions in the general
vicinity. It is found that it will not adversely change the essential character of the area.
18.
It is not anticipated that the proposed residential or conunercial uses wi1l be hazardous
or disturbing to future or existing neighbors, due to other existing and proposed uses in the vicinity
of the site.
19.
The Meridian Fire Department submitted a list of conditions and needs in order to
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER. GRANTING APPUCATION
FOR ANNEXATION AND ZONING REDFEATHER ESTATES
SUBDIVISION NO.2 PLANNED DEVELOPMENT
(AZ-D3-o21)
PAGE 12 OF 26
adequately serve the project, and said list is addressed within 12. D, hereinabove. Additionally,
ACHD submitted their requirements, rmmendations and conditions which are addressed in 12.C.
hereinabove. Water and sanitary s~er services are proposed to be extended from existing service
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lines in Ustick Road and near the SoUth Slough, via Eagle Road.
1
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20. It is found that there ~ not be excessive additional requirements at public cost for
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public seIVices and facilities and tJut-t the annexation and zoning will not be detrimental to the
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community's economic welfare. The ~eveloper will be financing the extension of sewer, water, local
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street infrastructure, utilities and irri~on services to serve the project. The primary public costs to
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serve the future residents will be fire,! police and school facilities and services.
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21. It is found that the ~posed residential and commercial zones/uses will not be
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detrimental to people, property or the fenerai welfare of the area. The proposed uses on the subject
property will create additional traffic ~n nearby arterial roadways. Washington Group International
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prepared a traffic study for this site. 4s a result of the site build-out, Washington Group anticipates
1
that traffic on the vicinity roadways at expected to increase as follows: traffic on U stick Road, west
of Duane Drive, may increase by 905 vpd; traffic on Ustick Road east of Grenadier Way may
. I
increase by 874 vpd; traffic on Clovdttale Road north of Granger Street may increase by 332 vpd;
!
traffic on Cloverdale Road south of ~ger Street may increase by 905 vpd. The intersection of
Ustick RoadiCloverdale Road is ~tly operating at a LOS E with a delay of 56 seconds per
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vehicle. At build-out of the Redf. Estates No.2 site, the Ustick RoadiCloverdale Road
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intersection is projected to continue Oi?erating at LOS E with a delay of 70 seconds pervehic1e. The
intersection of Cloverdale Road/F~ew Avenue is currently operating at a LOS F with a delay of
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FINDINGS OF FACT AND CONCLUS!ONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING Rl;DFEATHER ESTAJES
SUBDIVISION NO.2 PLANNED DE'1WPMENT
(AZ-O3.o21) :
I PAGE 13 OF26
1
112 seconds. At build-out oftha Rbdfeather Estates No.2 site, the intersection is projected to
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continue operating at LOS F with a delay of 112 seconds per vehicle.
1
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It is recognized that the traffi~ and noise will increase with the approval of this subdivision;
however, it is believed that the amouht generated will be detrimental to the general welfare of the
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public. It is not anticipated that the ~posed annexation and subsequent uses will create excessive
noise, smoke, fumes, glare, or odors.
22. ACHD has reviewed ahd recommended approval of the vehicular approach to the site
:
&om Ustick Road. The ACHD CO~ission approved the subject application and proposed vehicle
approaches. Further, the applicant is ~OPOSing to extend stub streets that were originally approved
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and constructed to provide efficient adcess to the site, limiting the amount of interference with traffic
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on surrounding streets. Review oftthe ACHD report for this project will provide additional
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23. A revised Landscape PiIan was submitted and which Plan increased the landscaping
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along Ustick Road to 35 feet, it took <\ut the very long street and created a loop. Additional1y, there
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will be pedestrian access 1iom the cu~t terminus ofBriatwood Drive to Briarwood Subdivision, as
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proposed, and to retain the existin8 maple tree. All trees that are removed ftom this site shall be
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mitigated in accordance with MCC 12-13-13-6. The revised Landscape Plan was approved by the
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PllI!UIÌni and Zoning Department. I
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The South Slough (Finlm Lateral) crosses the subject property along the southwest
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comer of the proposed R.4 property. 1[he Milk Lateral will be piped by the Applicant. The applicant
information.
is proposing to construct a IO-foot widf paved multi-use pathwayadjacen~ to the lateral as part of the
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FINDINGS OF FACT AND CONCWSrONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING REDFEATHER ESTA1ES
SUBDMSION NO.2 PLANNED DEVm.oPMENT
(AZ.O3.021) 1.
PAGE 14 OF 26
development proposal for the Redfeather development If all app1icabl~ agency design and treatment
standards are complied with, it is fo~d that the proposed pathway will not result in the destruction,
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loss or damage of the lateral. Rather the proposal should enhance the lateral by allowing nearby
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There appears to be no! other natural or scenic features of major importance in the area.
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that may be affected the proposed re1¡one!uses.
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24. It is found that the amtexation/rezone of this property would be in the best interest
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25. It is found that if the ~bveloper pays for the requested improvements
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and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the
economic welfare Dfthe City and its ~esidents and tax and rate payers will be protected, a
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condition of annexation and zoning dþsignation.
,
26. It is also found that thl development considerations as referenced in Finding No.
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12 are reasonable to require and mus, be taken into account, in order to assure the proposed
development is designed, constructedf operated and maintained in a manner which is harmonious
and appropriate in appearance with ~e existing, or intended character of the general vicinity, in
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order to assure that the propo~d use ~l not change the essential character of the affected
vicinity and will insure that the propored uses will not be hazardous or disturbing to the existing,
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or. future neighboring uses, particular1y considering the impact of proposed development on
residents to enjoy the feature.
of the City.
potential to produce excessive traffic,! noise, smoke, fumes, glare and odors.
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C~NCLUSIONS OF LAW
I
FINDINGS OF FACT AND CONCLUS.ONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING REDFEATHER ESTATES
SUBDMSION NO.2 PLANNED DEVj:¡r,OPMENT
(AZ-O3.Q2l) I
I PAGElS OF26
1.
The City of Meridian þas authority to annex real property upon written request for
annexation and the real property bem ¡ contiguous or adjacent to city boundaries and that said
:
property iiI*] within the area of city itbpact as provided by Idaho Code Section 50-222. The
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Meridian City Code § 11-16 provide~ the City may annex real property that is within the
Meridian Urban Service Planning ~ as set forth in the City's Comprehensive Plan.
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2. The Council may take~udicial notice of government ordinances, and policies, and
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of actual conditions existing within tlj¡e City and State.
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The City of Meridian ~s exercised its authority and responsibility as provided by
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"Local Land Use Planning Act of 19i5", codified at Chapter 65, Title 67, Idaho Code by the
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adoption of the Amended Comprehmisive Plan City of Meridian adopted August 6, 2002,
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3.
Resolution No. 02-382.
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The following are foUlÍld to be pertinent provisions of the City of Meridian
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Comprehensive Plan and are applica~le to this Application:
Chapter VI and Chapter vll. I
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4.
5.
The zoning of(R-4) U;w Density Residential is defined in the Zoning Ordinance at §
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11- 7-2 C as follows:
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:
tR-4} Low Densitv Residential Distriet: Only single-family dwellings shall be permitted
and no conditional uses shall ~e permitted except for planned residential development and
public schools. The purpose of the R-4 District is to permit the establishment oflow density
single-family dweUings, and' to delineate those areas where predominantly residential
development has, or is like1y;¿ occur in accord with the Comprel1ensive Plan of the City, and
to protect the integrity of ~identia1 areas by prohibiting the intrusion of incompatible
noDle&idential uses. The R-4 District allows for a maximum of four (4) dwelling units per
acre and requires connection tb the Municipal water and sewer systems of the City.
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FINDINGS OF FACT AND CONCLusIoNS OF LAW
AND DECISION AND ORDER GRAN'!1NG APPLICATION
FOR ANNEXATION AND ZONING ~DFEATHER ESTATES
SUBDMSION NO.2 PLANNED DEVELOPMENT
(AZ-O3-O2l)
PAGE 16 OF26
Since the annexation! and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt vs. The Citv of Idaho Falls. 105
6.
Idaho 65,665 P2d 1075 (1983).
7.
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12.2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12.5-2 N, which pertains to pressurized inigation 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 II Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the CltyCounclI does hereby Order and this does
Order:
1.
The applicant's request for annexation and zoning of approximately 114.52 acres to
Low Density Residential (R-4) and General Retail and Service Commercial (C-G) is granted subject
to the terms and conditions of this Order hereinafter stated.
2.
The application is for annexation and zoning of 114.52 acres. The legal description
shall be prepflled 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING REDFEATHER ESTATES
SUBDMSION NO.2 PLANNED DEVELOPMENT
(AZ-O3-021)
PAGE 17 OF 26
3.
Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A.
Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. Do not require the inclusion of the one-acre Smitchger out parcel in the annexation.
c.
Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
I. Removal of any existing domestic wells and/or septic systems within this project
ftom their domestic service must be accomplished within two years of the approval of these
Annexation and Zoning Findings, but it may be extended for an additional year by the City
Engineer if good cause is shown, and pending development ofthe parcel would warrant the
extension. Wells may be used for non-domestic purposes such as landscape irrigation.
2. Prior to annexation, a Development Agreement shall be entered into between the City
of Meridian and the owners of the property to be zoned CoG (Harry & Frances Bryson and
Melvin R. and Noma E. Schrammeck Trust) that requires any future uses of the property to
be approved only through the conditional use permit process. In addition, the agreement shall
include a requirement that either a public or private backage street generally parallel with
Eagle Road/SH 55 be incorporated into the design of future site plans. A conceptual master
plan demonstrating interconnectivity, transitional uses, access points and other key land
planning issues is required prior to any detailed CUP applications being submitted on either
the Bryson or Schrammeck properties.
The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and
VII) as applicable to these same properties:
Trarn¡portation Policies Anolicable to the Brvson/Schrammeck Annexation:
. "Large development proposals that are likely to generate significant traffic should be
assessed for their impact on the transportation system and surrounding land uses. They
should be examined for ways to encourage all forms of transportation such as transit,
walking, and cycling.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANI'lNG APPLlCA TION
FOR ANNEXATION AND ZONING REDFEATIIER ESTATES
SUBDMSIONNO. 2 PLANNED DEVELOPMENT
(AZ'()3.021)
PAGE 18 OF 26
. New development should not rely on cul-de-sacs since they provide poor fire access,
walkability, and neighborhood social life. New development and streets should be
designed to encourage walking and bicycling.
. In addition to provjding for enhanced automobile traffic, Meridian should seek ways to
encourage alternative modes of transport. Improvement in and encouraged use of public
transit systems is an important first step. Public transit includes bus systems and
ridesharing. By fostering such means of high vehicle occupancies, congestion on
roadways can be decreased.
. Pathways that encourage use by bicyclists and pedestrians can decrease road congestion
and add to the community's quality oflife. The proposed off-street and rnultiple-use
pathway systems are depicted in Figures VI-3 and VI-4. New and existing developments
should ensure that the guidelines laid out in this plan are adopted.
. Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial
should be protected by minimizing the number and location of private driveway access
connections to this important roadway. The City should recognize, adopt, and help
implement the Eagle Road Access Control Study, prepared by ACHD in 1997."
Mixed Use DeveloDment Policies ADDlicable to the BrysoniSchrammeck Annexation:
. "Where feasible, multi.family residential uses will be encouraged, especially for projects
with the potential to serve as employment destination centers and when the project is
adjacent to State Highways 20-26, 55 or 69;
. In developments where multiple commercial and/or office buildings are proposed (not
residential), the buildings should be arranged to create some form of common, nsable
area, such as a plaza or green space;
. Where the project is developed adjacent to low or medium density residential uses, a
transitional use is encouraged."
3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the parcel sbaJl be tiled per City Ordinance 12-4-
13. Plans wit! need to be approved by the appropriate irrigation/drainage district, or lateral
users association, with written confimmtion of said approval submitted to the Public Works
Department.
c.
Adopt the Recommendations of the Ada County Highway District as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING REDFEATHER ESTATES
SUBDMSION NO.2 PLANNED DEVELOPMENT
(AZ-O3.o21)
PAGE 19 OF 26
1. The Board of Commissioners authorizes the expenditure of available collected impact
fees for the purchase of right-of-way dedicated by the applicant, with the applicant
constructing a sidewalk as described below. However, if funds cannot be secured, the
applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely fi-om the
applicant's specific development project) an additional 23- feet of right-of-way
along Ustick Road, and construct a minimum 5.foot wide concrete sidewalk along
Ustick Road, located a minimum of23-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 Ustick Road, located a minimum of 23- 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 millimum 5-foot wide
concrete sidewalk along Ustick 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, North Grenadier Way, to intersect Ustick Road
approximately 370-feet east of the west property line, as proposed. This roadway shall
align with an existing roadway that is located on the north side of Us tick Road.
3. Construct North Grenadier Way and East Granger Street as residential collectors, but
believes that these roadways should be constructed as 36-foot street sections with vertical
curb, gutter and 4-foot detached concrete sidewalk (or a 5-foot attached concrete
sidewalk).
4. Construct the remainder of the internal roadways as 36-foot street sections with rolled
curb, gutter and 5-foot attached concrete sidewalks, liS proposed.
5. Extend Granger Street fi-om the east property line approximately640-feet north of the
south property line, as proposed.
6. Extend East Palm Street from the east property line approximately 440- feet north of the
south property line, as proposed.
7. Install swinging gate at the connection of Duane Drive and Palm Street for the present
time. Construct a pedestrianlbicycle pathway that connects the improvements on Duane
Drive (south of the gate) to the 24-feet of pavement that exists (north of the gate).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING REDFEATHER ESTATES
SUBDMSION NO.2 PLANNED DEVELOPMENT
(AZ-O3-O21)
PAGE20 OF26
* Duane Drive shall be a public street connection. Also, a public hearing would have to
be held by the Commission if there was a request for the gate to be removed. Anyone can
make the request to remove the gate, which would include members of the public, service
providers, agencies, etc. (per Christy Richardson's letter to Anna Powell- Planning and
Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk
Office.)
8. Construct a stub street (East Palm Street) to the west property line approximately SOD-feet
north of the south property line, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
9. Construct a stub street tot eh south property line approximately 90D- feet east of the west
property line, as proposed. Insta11 a sign at the terminus of the roadway stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
10. Construct a stub street to the S-acre out parcel that is located at the south property line, as
proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL
BE EXTENDED IN THE FUTURE".
11. Construct a stub street to the north property line approximately 1 OO-feet west of the east
property line, as proposed. Install a sign at the terminus of the roadway stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
12. Construct a pedestrian path (rather than a stub street) that will connect this subdivision
with Briarwood Subdivision, as proposed.
13. Before a building permit is issued for lot 242, install the center turn lane on Cloverda1e
Road at the intersection of Cloverdale Road and Granger Street if the warrants are met
prior to the District's reconstruction of CloverdìÙe Road.
14. Coordinate the timing and the design of the right-turn radü on Ustick Road into the site at
both Duane Drive and Grenadier Way with the District's Traffic Services Staff.
15. Construct an island/median within the public right-of-way of North Grenadier Way (near
the intersection of U stick Road), as proposed. Provide a minimum of a 21- foot street
section on either side of any proposed center islands within the turnarounds. Construct the
island/median to be a minimum of 4-feet wide to total a minimum of a 1 DO-square foot
area. Any proposed landscape islandslmedians within the public right-of-way dedicated
by this plat shall be owned and maintained by a homeowners association.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING REDFEATHER ESTATES
SUBDMSION NO.2 PLANNED DEVELOPMENT
(AZ-O~-O21)
PAGE21 OF26
16. Construct five cul-de-sac turnarounds without center islands within the subdivision, as
proposed. Provide a minimum turning radius of 4S-feet.
] 7. Construct chokers on the north side of Palm Street at the intersection of Duane Drive to
provide for a reduced street section.
18. Vacate the existing right-of-way, exchange the existing right-of-way, or improve the
existing right-of-way within the proposed development (a portion of Granger Street and a
20-foot strip that abuts the Perkins Brown Subdivision's east property line).
] 9. Deter all construction traffic Duane Drive, as no CODStntction traffic should utilize Duane
Drive.
20. Other than the access point that has been specifically approved with this application,
direct lot access to Ustick Road is prohibited.
21. Comply with all Standard Conditions of Approval.
22. Per Christy Richardson's letter to Anna Powell- Planning and Zoning Director, stamped:
RECEIVED FEB 04 2004 City of Meridian City Clerk Office, the applicant has
submitted a revised layout of some of the local streets in the intersection. The layout
appears to meet the District's policies and is approved as proposed.
D.
Adopt the Meridian Fire Department Recommendations as follows:
The following will be the requirements and/or concerns to provide minirnwn levels of fire protection
for the proposed project
1.
One and two family dwellings will require a fire-flowof I ,000 gallons per minute available
for duration of 2 hours to service the entire project. Fire hydrants shall be placed an
average of 400' apart.
2.
Acceptance of the water !lUpply for fire protection will be by the Meridian
Water Department.
3.
Final approval of the fire hydrant locations shall be by the Meridian Fire Department
which will be submitted to the Public Works Depm1ment. All curbing in ftont offire
hydrants shall be painted red for 10' on eaclt side of the installation.
4.
All roads sbaII have Ii turDing radius of28' inside and 48' outside.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING REDFEATHER ESTATES
SUBDMSION NO.2 PLANNED DEVELOPMENT
(AZ-Q3-Q21)
PAGE22 OF 26
E.
s.
Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
6.
The p]:wing 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.
7.
The fire depar1ment requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and
efficient response by fire and emergency medical service vehicles. The cost of this
installation is to be borne by the developer.
8.
It is l'ef \ie5teEl1Iiet Ðlltllie Dr. he e8Bfteeteå '¡Ii ;];¡ 1ù:ll ';l'iel& sk'eet te fIIB'Aàe lMJeeÐèæy
_Me fer ;];¡e pæjeet. A public street connection will be made to Duane Drive.
However, the access will be restricted by a gate. The gate will allow for emergency
vehicle, pedestrian and bicycle access. The Applicant shall coordinate the design of the
gate with ACHD and the Meridian Fire Department. (per action of the City Council
meeting of March 2,2004.)
Adopt the Recommendation ofNampa & Meridian Irrigation District as follows:
1. The pump station at Dawson Meadows, that this project will hook up to, needs to be
enlarged in order to meet the demand that will be put on it.
2. Applicant shall apply for a land use change/site application.
F.
Adopt the Recommendations of the Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written approval
:&om 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-otris not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groW1dwater and surface water quality. .
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING REDFEATIlER ESTATES
SUBDMSION NO.2 PLANNED DEVEWPMENT
(AZ-O3-O21)
PAGE23 OF26
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.
G.
Adopt the action of the City Council taken at their March 2, 2004 meeting as follows:
For clarification:
I. Duane Drive shall be a public street connection. Also, a public hearing would have to be
held by the Ada County Highway Commission if there was a request for the gate to be
removed. Anyone can make the request to remove the gate, which would include
members of the public, service providers, agencies, etc. (Per Christy Richardson's of
letter to Anna Powell- Planning and Zoning Director, stamped: RECEIVED FEB 04
2004 City of Meridian City Clerk Office.)
Additionally, the Ada County Highway Commission, upon a public hearing, would then
have to address the Duane Drive standards, width, sidewalks, and who would bear the
expense for said improvements.
At no point in time shall construction traffic, or extra velùc1es, except the present existing
surrounding homeowners, be allowed to use Duane Drive, and the existing fence, which is
now in place, shall remain in place until such time as the gate can be constructed.
2. Since the most western portion of the property is to be made a part of thi s annexation which
is to be rezoned to C-G, a Development Agreement shall be entered into between the City of
Meridian and the owners of the property to be zoned CoG (Harry & Frances Bryson and
Melvin R. and Noma E. Schrammeck Trust) that would restrict development of :future uses
for this area. The Development Agreement shall also cite the appropriate Comprehensive
Plan policies (ftom Chapter VI and VII) as applicable to these properties. (See number B.2.
above for further explanation.)
3. Pertaining to the dispute over the boundary lines on Granger between the Applicant and Jim
and hma Mittleider, the Applicant resolved this situation by positioning the right-of-way
:further north to compensate for what the Mittleider's believe to be their property. The
Applicant shall also work with the Mittleiders to work out the piping of ditches.
Additionally, the Applicant stated on public record that they would be willing to meet wi th
the MittIeiders to go over the development plan, and to discuss any issues they rnay have.
4. The revised Landscape Plan shows the increased landscape buffer along U stick Road to
be 3S feet, which meets the entryway corridor policy of the City.
4.
The City Attorney shall prepare for consideration by the City Council the appropriate
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING REDFEATHER ESTATES
SUBDMSION NO.2 PLANNED DEVELOPMENT
(Az.O3.Q21)
PAGE 24 OF 26
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (R-4) Low Density Residential District and (C-G) General Retail and Service
Commercial Dis1rict, and Meridian City Code § 11-7-2.
5.
Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
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 concerning 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 final action of the governing body of the 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 of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the
/ ;3-1i" day of
~/'¿
.2004.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING REDFEATHER ESTATES
SUBDMSION NO.2 PLANNED DEVELOPMENT
(AZ-03-oZ1)
PAGE 2S OF 26
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED ~
COUNCILMAN Bll.L NARY
VOTED$-
COUNCILMAN CHARLIE ROUNTREE
VOTED~
COUNCILMAN KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 1-/$ -19'1-
MOTION:
APPROVED:1- DISAPPROVED:-
VOTED-
Attest:
~~~/f
City Clerk
Dated:
+-tl-p4--
Z:\WDll<\MlMoridianlMori<tian 15360~.Ea_s"'. No. 2 AZ-O~l PP-03-024 CUJl.O3-04lIAZFR:1&Order.dot
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING REDFEA THER ESTATES
SUBDIVISION NO.2 PLANNED DEVELOPMENT
(AZ-O3-OZ1)
PAGE26 OF 26