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HomeMy WebLinkAboutBaldwin Park AZ DAADA COUNTY RECORO£R _ ,~ ~ J. OA¥i0 NAV~f~RO 20[12 JL 2h AN 9: I~ ? 102083000 MERIDJAt,j CiiY DEVELOPMENT AGREEMENT PARTIES: I. 2. City of Meridian 1. Ramon and Marilyn Yorgason, husband and ~vife, Owners Capital Development Corporation, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this q-/~t._ day of x~-~//.. , ~O~, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and RAMON AND MARILYN YORGASON, husband and ~vife, hereinafter called "OWNERS", whose address is 2304 N. Cole Road, Boise, Idaho 83704, and CAPITAL DEVELOPMENT CORPORTION, hereinafter called "DEVELOPER", whose address is 2304 N. Cole Road, Boise, Idaho 83704. I. RECITALS: 1.i WHEREAS, "Owners" are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owners" or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11 - 16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owners" and "Developer" have submitted an application for annexation and zoning of the "Property's described in Exhibit A, and has requested a DEVELOPMENT AGREEMENT (AZ-01-027) - 1 1.5 designation of (R-8) Medium Density Residential District, (Municipal Code of the City of Meridian); and WHEREAS, "O~vners" and "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to ho~v the subject "Property" ~vill be developed and what improvements ~vill be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the /~ day of/L~/-]'~, 2002, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Owners" and "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNERS" and "DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAs, "City" requires the "Owners" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the DEVELOPMENT AGREEMENT (AZ-01-027) - 2 subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services ~vithin the planning jurisdiction and from affected property o~vners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 2 i, 1993, Ordinance #629, lanuary 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNERS": means and refers to J. Ramon Yorgason and Marilyn Yorgason, husband and wife, whose address is 2304 N. Cole Road, Boise, Idaho 83704, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "DEVELOPER": means and refers to Capital Development Corporation, whose address is 2304 N. Cole Road, Boise, DEVELOPMENT AGREEMENT (AZ-01-027) - 3 Idaho 83704, the party developing said "Property" and shall include any subsequent o,vner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 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 (D) which are herein specified as follows: Development ora single-family residential subdivision consisting of 2 72 d~vellings, ~vith approximately 10.2 acres of open space on 1,t common lots, including cwo pocket parks ~vith a total of 2.57 acres, and .~t acres in 2 landscape buffer lots. Development shall be consistent ~vith the Meridian Comprehensive Plan Generalized Lane Use Map which designates the property as Single Family Residential, and go through the planned development process and as conditional US~$. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and "Developer" are not required to submit' to "City" an application for conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: DEVELOPMENT AGREEMENT (AZ-0 !-027) - 4 io "Owners" and "Developer" shall develop the "Property" in accordance ,vith the follo,ving special conditions: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: The applicant shall be responsible for designing and installing a new 12- inch diameter water main in Linder Road, from its current location at the intersection with Ustick Road. Sewer service for this development shall be provided by the White Drain Trunk. The City of Meridian is in the design phase of this trunk, with commencement of construction estimated at April of this year. The applicant shall be responsible to provide main connections to the White Drain Trunk to serve this development. Adopt the Recommendations of the ACHD as follows: Applicant shall construct the following stub streets: At the north property line approximately 700 feet west of the east property line, as proposed; At the east property line approximately i 00 feet south of the north property line, as proposed; At the east property line approximately 150 feet north of the south property line; On the north property line approximately 750 feet east of the west property line; and - On the soum property line approximately 500 feet west of the east property line. Due to the fact that Meridian School District does not want a vehicular access to the property to the future school site, the applicant should construct a pedestrian walkway to allow pedestrians to access the school site without utilizing the arterial roadway. Special Notification to Applicant To be consistent with previous Facts and Findings and Commission action, the applicant should recognize that this development (the preliminary plat and conditional use) may be subject to any extraordinary impact fee or LID established by ACHD. Any DEVELOPMENT AGREEMENT (AZ-01-027) - 5 implelnentation of ex'traordinary impact fees or an LID ,vould first be subject to a public hearing. To promote a safe pedestrian ~vallc~vay on Linder Road, District staff recommends that the applicant work with the owner of the "out parcel" to the south to dedicate right-of-way and construct 5-foot concrete sidewalk. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Dedicate 48-feet of right-of-~vay from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-~vay dedicated which is an addition to existing ACHD right-of-~vay if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with ACHD Ordinance # 195. The right-of-way purchase agreement must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. ° Construct a 5-foot wide detached concrete sidewalk on Linder Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the tight-of-way, provide an easement for the sidewalk. Construct the main entrance to the subdivision, West Monument Drive, located 550-feet south of the north property line, as proposed. West Monument Drive shall be designed with 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 100- square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. DEVELOPMENT AGREEMENT (AZ-01-027) - 6 o Construct a protected left-turn lane at the site driveway, as determined bv the traffic impact study that was submitted. The applicant shall coordinate the design and location with District staff. Construct all public roads within the subdivision as 36-foot street sections svith curb, gutter, and 5-foot wide concrete sidewalks within 50- feet of right-of-way. 10. West Monument Drive segments shall be designated as a collector roadway with no front-on housing and access restrictions for this street segments shall be stated on the final plat. District policy requires that these street segments be constructed as 39-foot street section within 52- feet of right-of-way with curb, gutter and 5-foot ,,vide concrete sidewalks. I1. Construct a stub street that is located at the north property line approximately 700-feet ,.vest of the east property line, as proposed. 12. Construct a stub street that is located at the east property line approximately 100-feet south of the north property line, as proposed. 13. Construct a stub street that is located at the east property line approximately 150-feet north of the south property line, as proposed. 14. Construct a stub street that is located on the north property line approximately 750-feet east of the west property line. 15. Construct a stub street that is located on the south property line approximately 500-feet west of the east property line. 16. The applicant shall be required to install a sign at the terminus of these roadways stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary) with District staff. DEVELOPMENT AGREEMENT (AZ-01-027) - 7 17. Construct an ACHD approved turnaround at the end of West Cresent Court, North Clearbrooke Place, North Buckstone Place and North Denali Place. Submit a design of the turnaround for revie~v and approval by District staff. 18. The turnarounds shall be constructed to provide a minimum turning radius of ,t5-feet. The applicant shall also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands ~vithin the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. 19. Any proposed landscape islands/medians within the public right-of-svay dedicated by this plat shall be osvned and maintained by a homeowners association. Notes of this shall be required on the final plat. 20. Any existing irrigation facilities shall be relocated outside of the right-of- way. 21. Utility street cuts in pavement less than five years old are not allowed unless approved in svriting by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 22. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 23. Other than the access point specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 24. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 195, also kno~vn as Ada County Highway District Road Impact Fee Ordinance. DEVELOPMENT AGREEMENT (AZ-01-027) - 8 25. All design and construction shall be in accordance with the Ada Countv Highsvay 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 of Idaho shall prepare and certify all improvement plans. 26. It is the responsibility of the applicant to verify, all existing utilities ~vithin the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 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. 27. 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 confirmation of any change from the Ada County Highway District. 28. 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 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: A fire-flow of 1,000 gallons per minute shall be available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. DEVELOPMENT AGREEMENT (AZ-01-027) - 9 Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. Acceptance of svater supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. o Final approval for fire hydrant location shall be bv the Meridian Fire Department. Ail turning radii shall be a minimum of 28° inside and 48' outside for the internal road system. Insure that all yet. undeveloped parcels are maintained free of combustible vegetation. 7. The roadways shall be built to Ada County Highsvay standards. Any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround; this requirement may apply during the phasing of the project. Provide one additional access road to service Great Basin, White Sands, Biscayne Park and Melrose Park. Additionally, comply with the action of the City Council from their March 19, 2002 meeting as follows: The typical Micro-path section is not approved as shown on the Preliminary Plat. Ail drainage shall be maintained within the 7 V2 foot area on either side of the micro-path, not drained to the fence line as shown on the Preliminary Plat. A minimum three-foot-wide separation between the asphalt pathway and adjacent building lots has not been followed, (typical micro-path with drainage section). 3. Show the moving of phase lines for Phases 3 and 4. DEVELOPMENT AGREEMENT (AZ-01-027) - 10 Show existing and proposed easements on the plat as required by State Code and City Ordinance. 5. Within Settler's Irrigation District's letter dated March 19, 2002, they are requesting easements of 60 feet on the White Drain and 30 feet on the Coleman Lateral, which dimensions are not depicted on the most recently submitted preliminary plat. If joint trench is to be utilized for the Coleman Lateral easement, a minimum 15-foot-wide easement will be required along the frontage of all lots on the east side of North Hyde Park Avenue. The preliminary plat needs to reflect compliance with agency approvals or written evidence from those agencies must be submitted if conflicting conditions of approval are agreed upon. Additionally, the District also requires the Coleman Lateral be tiled, and that the pressurized irrigation system be installed according to the District's standards and specifications. Applicant has submitted a letter dated April 2, 2002, which addresses Settler's Irrigation District, and which is on file with the Meridian City Clerk's office. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owners" and"Developer" or "Owners" and "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. ' 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owners" and "Developer" consent upon default to the de- annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: DEVELOPMENT AGREEMENT (AZ-01-027) - 11 8.1 That the "City" provide written notice of any failure to comply ,vith this Agreement to "Owners" and "Developer" and if the "Owners" and "Developer" fails to cure such failure within slx (6) months of such notice. 9. INSPECTION: "Owners" and "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10. I In the event "Owners'~ and"Developer", "Owners" and "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owners" and "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 1 i. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owners" and "Developer"'s cost, and submit proof of such recording to "Owners" and "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the DEVELOPMENT AGREEMENT (AZ-01-027) - 12 annexation and zoning of the "Property" contemplated hereby, the "city" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "O~vners" and "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Osvners" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT (AZ-01-027) - 13 14. SURETY OF PERFORMANCE: The"City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code '12-5-3, to insure that installation of the improvements, which the "Owners" and "Developer" agrees to provide, if required by the "city". 15. CERTIFICATE OF OCCUPANCY: The "Owners" and "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owners" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, complete.d, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owners "and "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return' receipt requested, addressed as follows: CITY: OWNERS: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 J. Ramon and Marilyn Yorgason 2304 N. Cole Road Boise, Idaho 83704 with copy to: DEVELOPER: City Clerk City of Meridian 33 E. Idaho Ave. Capital Development Corporation 2304 N. Cole Road Boise, Idaho 83704 DEVELOPMENT AGREEMENT (AZ-01-027) - 14 Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, inclUding "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owners" and "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owners" and "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be DEVELOPMENT AGREEMENT (AZ-01-027) - 15 deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owners" and "Developer" and "Citv" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owners" and "Developer" and "City", other than as are stated herein. Except as herein other, vise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22. i No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-01-027) - 16 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. O ~~2RS: Attest: CAPTIAL DEVELOPMENT CORPORATION, DEVELOPER BY t 1 ' BY: DEVELOPMENT AGREEMENT (AZ-01-001) - 17 CITY OF MERIDIAN D. CORJLIE Attest: ..~111 II II 'CITY CLERK ' ' -=_= SEAL STATE OF IDAHO) %.O00N-~ , :SS /llllllil II Ill COUNTY OF ADA) On this 9 ~ day of ~ ,intheyear 2002, before me, .~')e Ua~.. L)- L.,,~~ a a Notary Public, personally appeared J. Ramon and Marilyn Yorgason, husband and wife, known or identified to me to be the persons who executed the instrument and acknowledged to me that they executed the same. ~;EAIDeVONA D. LUKE NOTARY PUBLIC STATE OF IDAHO Notary Public for Idaho Residing at: '7~,oJ~;,. tag~, Commission expires: o'~/.~ -~,/~ o- DEVELOPMENT AGREEMENT (AZ-01-001) - 18 STATE OF IDAHO) :SS COUNTY OF ADA) On this 9' ~t~ day of ~~'/a~a NoC( , in the year 2002, before me, .De' i.2ort.a. .D. k~/~ W Public, personally appeared ,,'.'J'. R,t m. on )/oRas.,~,.,- and known or identified to me to De me }vr e_s~,)e a ~ and of Capital Development Corporation, and the persons who executed the instrument and ackno~vledged to me that they having executed the same on behalf of said Capital Development Corporation. DeVONA D. LUKE NOTARY PUBLIC (,~EAI~TATE OF IDAHO Notary Public for Idaho Residing at: Commission expires: STATE OF IDAHO ) :SS County of Ada ) On this I~ q-l-t day of ~ , in the year 2002, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same Z:XWorkXMXMehdian~en~~ildwi~ Notary Public for Idaho Commission expires: Park Sub AZ01-027 PP01-024 VAR01-020\DevelopAgr.doc DEVELOPMENT AGREEMENT (AZ-01-001) - 19 EXHIBIT A Legal Description Of Propertv A parcel of land located in the South '/2 of the NW 1/4 of Section 36, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the SW comer of the NW V4 (West '/4 comer) of Section 36, T.4N., R. 1W., B.M., thence S 89009'04'' E 273.36 feet along the south line of said NW V4 to the REAL POINT OF BEGINNING of this description; Thence N 00'15'17" E 436.73 feet to a point; Thence N 86*36'00" W 248.72 feet to a point on the easterly right-of-way of Linder Road; Thence N 89*44'43" W 25.00 feet to a point on the 5vest line of said NW '/4; Thence N 00°15'17'' E 869.87 feet along said west line to the northwest corner of the south '/2 of said NW 1/4; Thence S 89'16'31" E 2,676.85 feet to the northeast corner of the south '/2 of the NW 1/4; Thence S 0'28'15"W 1,323.17 feet.to the southeast corner of the south V2 of the NW '/4; DEVELOPMENT AGREEMENT (AZ-01-001) - 20 Thence N 89°09'04'' W 2,398.55 feet along the south line of said NW 1/4 to the REAL POINT OF BEGINNING of this description. Said parcel contains 78.279 acres, more or less. DEVELOPMENT AGREEMENT (AZ-01-001) - 21 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-01-001) - 22 BEFORE THE MERIDIAN CITY COUNCIL C/C 03-19-02 IN THE MATTER OF THE ) APPLICATION OF CAPITAL ) DEVELOPMENT CO., THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 77.9 ACRES FOR ) PROPOSED BALDWIN PARI( ) SUBDIVISION, LOCATED i/,~ ) MILE SOUTH OF McMILLAN ) ROAD, EAST SIDE OF LINDER ) ROAD, MERIDIAN, IDAHO ) Case No. AZ-O 1-02 7 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 19, 2002, at the hour of 6:30 p.m., and Shaft Stiles, Planning and Zoning Administrator, Steve Arnold, and Dave Yorgason, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR. ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) and i 1-16-I. 2. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the Ciw of Meridian adopted December 2 I, 1993, Ordinance No. 629, JanuarF.' 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 77.9 acres in size, is located [/4 mile south of McMillan Road, east side of Linder Road, Meridian, Idaho, all within the Area of Imp&ct of the City of Meridian and the Meridian Urban Service Planning Area. 4. The osvner of record of the subject property is Capital Development Corporation of Boise, Idaho; and the applicant is Ramon and Marilyn Yorgason of Boise, Idaho. 5. The subject property is currently zoned R-T and consists of vacant land. 6. The Applicant requests the property be zoned as R-8, with the intent to develop a single-family residential subdivision consisting of 272 dwellings, 5vith approximately 10.2 acres of open space on 14 common lots, including two pocket parks with a total of 2.57 acres, and .4 acres in 2 landscape buffer lots, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-O 1-027) designates the subject property as Single Family Residential. 7. The subject property is bordered on all sides by Ada County properties zoned RUT, although the future Bridgetower Subdivision is conti~tous to the property on the northwest across N. Linder Road. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon 'the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. The applicant shall be responsible for designing and installing a new 12-inch diameter water main in Linder Road, from its current location at the intersection with Ustick Road. Server service for this development shall be provided by the White Drain Trunk. The City of Meridian is in the design phase of this trunk, with commencement of construction estimated at April of this year. The applicant shall be responsible to provide main connections to the White Drain Trunk to serve this development. 2. A Development Agreement shall be entered into between the City of Meridian and the Applicant as part of the Annexation application. The Development Agreement shall outline any phasing requirements and special conditions placed upon the Preliminary Plat application. Adopt the Recommendations of the ACHD as follows: 1. Applicant shall construct the following stub streets: FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) ao At the north property line approximately 700 feet west of the east property line, as pro~.osed; ' At the east property line a. pproximatelv 100 feet south of the north property line, as proposec~; ' At the east property line approximately 150 feet north of the south property line; ' ' ' On the f~orth property line approximately 750 feet east of the west property line; an~ ' ,- on the ~outh property line approximately ~00 feet west of the east property line. ' ' Due to the fact that Meridian School District does not ~vant a vehicular access to the property to the future school site, the applicant should construct a pedestrian walk~vay to allow pedestrians to access the school site ~vithout utilizing the arterial roadway. Special Notification to Applicant o To be consistent with previous Facts and Findings and Commission action, the applicant should recognize that this development (the preliminary plat and conditional use) may be subject to any extraordinary impact fee or LID established by ACHD. Any implementation of extraordinary impact fees or an LID would first be subject to a public hearing. To promote a safe pedestrian wall~vay on Linder Road, District staff recommends that the applicant work with the owner of the "out parcel" to the south to dedicate right-of-way and construct 5-foot concrete sidewalk. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to e~sting ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with ACHD Ordinance # 195. The right-of- way purchase agreement must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) 10. II. 12. 13. 14. Construct a 5-foot ,,vide detached concrete sidewalk on Linder Road located 2- feet within the new right-of-way. Coordinate the tocation and elevation of the sidewalk 5vith District staff. If the sidewalk meanders outside of the right-of- way, provide an easement for the sidewalk. Construct the main entrance to the subdivision, West Monument Drive, located 550-feet south of the north property line, as proposed. West Monument Drive shall be designed with 2 l-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet ~vide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way pitts the additional width of the median. Construct a protected left-turn lane at the site driveway, as determined by the traffic impact study that was submitted. The applicant shall coordinate the design and location with District staff. all publi6 roads within the subdivision as 36-foot street sections Construct with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of- way. West Monument Drive segments shall be designated as a collector roadway with no front-on housing and access restrictions for this street segments shall be stated on the final plat. District policy requires that these street segments be constructed as 39-foot street section within 52-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. Construct a stub street that is located at the north property line approximately 700-feet west of the east property line, as proposed. Construct a stub street that is located at the east property line approximately 100-feet south of the north property line, as proposed.' Construct a stub street that is located at the east property line approximately 150-feet north of the south property line, as proposed. Construct a stub street that is located on the north property line approximately 750-feet east of the west property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) · r r 15. 16. 17. 18. 19. 20. 21. 22. 23. Construct a stub street that is located on the south property line approximately 500-feet west of the east property line. The applicant shall be required to install a sign at the terminus of these roadways stating that, '"THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround (if necessa .ry) svith District staff. Construct an ACHD approved turnaround at the end of West Cresent Court. North Clearbrooke Place, North Buckstone Place and North Denali Place. Submit a design of the turnaround for review and approval bv District staff. The turnarounds shall be constructed to provide a minimum turning radius of 45-feet. The applicant shall also be required to provide a minimum of a 29- foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide tO total a minimum of a 100-square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. Any proposed landscape islands/medians within the public right-of-~vay dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. Any e~sting irrigation facilities shall be relocated outside of the right-of-way. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387- 6280 (with file numbers) for details. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Other than the access point specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) Standard Requirements: 24. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 195, also kno~vn as Ada Countv Highway District Road Impact Fee Ordinance.. 2.5. Ail design and construction shall be in accordance with the Ada County Highway District Policy. tVlanual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An en~neer re~stered in the State of Idaho shall prepare and certify all improvement plans. 26. It is the responsibility of the applicant to verify, all existing utilities within the right-of-~vay. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to brealcing 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. 27. No change in the terms and conditions of this approval shall be valid unless they are in 5vriting 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 5vritten confirmation of any change from the Ada County Highway District. 28. 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 in interest advises the Highsvay 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: A fire-flow of 1,000 gallons per minute shall be available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) Operational fire hydrants and temporary or pernaanent street si~s are required before combustible construction begins. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. Final approval for fire hydrant location shall be by the Meridian Fire Department. o All turning radii shall be a minimum of 28' inside and 48' outside for the internal road system. o Insure that all vet undeveloped parcels are maintained free of combustible vegetation. 7. The roadways shall be built to Ada County Highway standards. Any roadway greate, r than 150' in length that is not provided with an outlet shall be required to have a turnaround; this requirement may apply during the phasing of the project. Provide one additional access road to service Great Basin, White Sands, Biscayne Park and Melrose Park. Additionally, comply with the action of the City Council from their March 19, 2002 meeting as follows: The typical Micro-path section is not approved as shown on the Preliminary Plat. All drainage shall be maintained within the 7 V2 foot area on either side of the micro-path, not drained to the fence line as shown on the Preliminary Plat. A minimum three-foot-wide separation between the asphalt pathway and adjacent building lots has not been followed, (typical micro-path with drainage section). Show the moving of phase lines for Phases 3 and 4. Show existing and proposed easements on the plat as required by State Code and City Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) Within Settler's Irrigation District's letter dated March 19, 2002, they are requesting easements of 60 feet on the White Drain and 30 feet on the Coleman Lateral, which dimensions are not depicted on the most recentlv submitted prelimina .fy plat. If joint trench is to be utilized for the Coleman Lateral easement, a minimum 15-foot-wide easement will be required along the frontage of all lots on the east side of North Hyde Park Avenue. The preliminaw plat needs to reflect compliance with agency, approvals or written evidence from those agencies must be submitted if conflicting conditions of approval are agreed upon. Additionally, the District also requires the Coleman Lateral be tiled, and that the pressurized irrigation ~'stem be installed according to the District's standards and specifications. Applicant has submitted a letter dated April 2, 2002, which addresses Settler's Irrigation District, and which is on file with the Meridian City Clerk's office. 10. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 9, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 1 I. It is also found that the development considerations as referenced in Finding No. 9 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner 5vhich is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) potential to produce excessive traffic, noise, smoke, fumes, glare and odors. But, additional landscaping buffers and design features will be required to malce the proposed use more harmonious with the general vicinity and to comply with Citv Ordinances. 12. It is found that the zoning of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and Sewer systems'and will be compatible ~vith the Applicant's development intentions, and ,,',rill assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map 5vhich designates the subject property as Single Familv Residential. 13. The subject anne, cation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: Economic Development Chapter Policies 3.1U, 3.2U Land Use Chapter Policies 2.1U, 2.2U, 2.3U, 6.3.c Natural Resources and Hazardous Areas Chapter Policies 1.1U, 2.1U, 2.5U, 3.1U, 4.1U Transportation Chapter Policies 1.6U, 1.9U Open Space, Parks & Recreation Policies 3.1, 5.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page I0 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) Housing Chapter Policies 1.3, 1.4, 1.7, 1.12, 1.13U, 1.18 Community Desi~ Chapter Policies 1.8, 5.2U 14. The property can be physically serviced with City water and sewer, since the applicant has extended the lines. CONCLUSIONS OF LAW I. The City of Meridian has authority to annex real property upon written request for annexation and the real property being conti~ous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § I 1-16 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 ~vithin the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) 4 .A: Economic Development Chapter Policies 3.1U, 3.2U Land Use Chapter Policies 2.1 U, 2.2U, 2.3U, 6.3.c Natural Resources and Hazardous Areas Chapter Policies i. 1 U, 2.1 U, 2.5U, 3. i U, 4. i U Transportation Chapter Policies 1.6U, 1.9U Open Space. Parks & Recreation Policies 3.1, 5.3 Housing Chapter Policies 1.3, 1.4, 1.7, 1.12, 1.13U, 1.18 Community Design Chapter Policies 1.8, 5.2U 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at {} I 1-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burr vs. The Citv of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) Idaho Falls, 105 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, ~vhich 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 ! 1-! 6-4 A of the Zoning and DevelOpment Ordinance the o~vner and/or developer shall enter into a Development Agreement, if such is required by the City, DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: I. The applicant's request for annexation and zoning of approximately 77.9 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 77.9 acres. The legal description shall be prepared by a Registered Land SurVeyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page I3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) 158. The legal description for annexation must place this parcel conti~ous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met 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, ~vith the City of 1Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and En~neering staff as follows: The applicant shall be responsible for designing and installing a new 12-inch diameter water main in Linder Road, from its current location at the intersection with Ustick Road. Sewer service for this development shall be provided by the White Drain Trunk. The City of Meridian is in the design phase of this trunk, with commencement of construction estimated at April of this year. The applicant shall be responsible to provide main connections to the White Drain Trunk to serve this development. A Development Agreement shall be entered into between the City of Meridian and the Applicant as part of the Annexation application. The Development Agreement shall outline any phasing requirements and special conditions placed upon the Preliminary Plat application. Adopt the Recommendations of the ACHD as follows: 1. Applicant shall construct the following stub streets: f. g. h. i. j. At the north property line approximately 700 feet west of the east prol?erty line, as proposed; ' At me east property line approXimately 100 feet south of the north property line, as proposed; At the east property line al3proXimately 150 feet north of the south property line; On the north property line approXimately 750 feet east of the west propen_yline; and On the south property line approXimately 500 feet west of the east property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ.01-027) Due to the fact that Meridian School District does not ~vant a vehicular access to the property to the future school site, the applicant should construct a pedestrian wal~vav to allow pedestrians to access the school site 5vithout utilizing the arterial roadway. Special Notification to Applicant To be consistent ~v~th previous Facts and Findings and Commission action, the applicant should recognize that this development (the preliminary, plat and conditional use) may be subject to any extraordinary impact fee or LID established by ACHD. Any implementation of extraordinary impact fees or an LID 5vould first be subject to a public hearing. To promote a safe pedestrian wallc, vay on Linder Road, District staff recommends that the applicant work with the owner of the "out parcel" to the south to dedicate right-of-way and construct 5-foot concrete sidewalk. The following Site Speci. fic Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-~vay dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with ACHD Ordinance # 195. The right-of- way purchase agreement must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. Construct a 5-foot wide detached concrete sidewalk on Linder Road located 2- feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of- way, provide an easement for the sidewalk. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) o 11. 12. 13. 14. 15. Construct the main entrance to the subdivision, West Monument Drive, located 550-feet south of the north property line, as proposed. West Monument Drive shall be designed ,~vith 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (ma.ximum 12-feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional ~,5dth of the median. Construct a protected left-turn lane at the site driveway, as detenr~ined by the traffic impact study that was submitted. The applicant shall coordinate the design and location ~vith District staff. Construct all public roads ~vithin the subdivision as 36-foot street sections with curb, ovutter, and 5-foot wide concrete sidewalks within 50-feet of right-of- wav. West Monument Drive segments shall be designated as a collector road~vay ~vith no front-on ho. using and access restrictions for this street segments shall be stated on the final plat. District policy requires that these street segments be constructed as 39-foot street section within 52-feet of right-of-way with curb, gutter and 5-foot ,,vide concrete sidewalks. Construct a stub street that is located at the north property line approximately 700-feet west of the east property line, as proposed. Construct a stub street that is located at the east property line approximately 100-feet south of the north property line, as proposed. Construct a stub street that is located at the east property line approximately 150-feet north of the south property line, as proposed. Construct a stub street that is located on the north property line approximately 750-feet east of the west property line. Construct a stub street that is located on the south property line approximately 500-feet west of the east property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) 16. The applicant shall be required to install a sign at the terminus of these roadways stating that, "THIS ROAD WILL BE EX'TENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround (if necessary,) with District staff. 17. Construct an ACHD approved turnaround at the end of West Cresent Court, North Clearbrooke Place, North Buckstone Place and North Denali Place. Submit a design of the turnaround for revie~v and approval bv District staff. 18. The turnarounds shall be constructed to provide a minimum turning radius of 45-feet. The applicant shall also be required to pro,~Sde a minimum of a 29- foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate 54-feet of right-of-svay plus the additional width of the median. 19. Any proposed landscape islands/medians 5vithin the public right-of-way dedicated by this p!at shall be owned and maintained by a homeo~vners association. Notes of this shall be required on the final plat. 20. Any e~sting irrigation facilities shall be relocated outside of the right-of-svay. 21. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387- 6280 (with file numbers) for details. 22. All utility relocation costs associated with.improving street frontages abutting the site shall be borne by the developer. 23. Other than the access point specifically approved ~vith this application, direct lot or parcel access to Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 24. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 195, also known as Ada County Highway District Road Impact Fee Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) 25. 26. 27. 28. Adopt 1. o Ail design and construction shall be in accordance ~vith the Ada County Highway District Poli~ Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certi .fy all improvement plans. It is the responsibility of the applicant to veri~ all ex. isting utilities within the right-of-way. E~sting utilities damaged by the applicant shall be repaired by the appliCant at no cost to ACHD. 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-of4vay. 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 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 ,vritten confirmation of an3~ change from the Ada County Highway District. 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 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 lasv in effect at the time the change in use is sought. the Meridian Fire Department Recommendations as follows: A fire-flo~v of 1,000 gallons per minute shall be available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. Operational fire hydrants and temporary or permanent street signS are required before combustible construction begins. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) o o o Final approval for fire hydrant location shall be by the Meridian Fire Department. All turning radii shall be a minimum of 28' inside and 48' outside for the internal road system. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. The roadways shall be built to Ada County Highway standards. Any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround; this requirement may apply during the phasing of the project. Provide one additional access road to service Great Basin, White Sands, Biscayne Park and Nlelrose Park. Additionally, comply with the action of the City Council from their March 19, 2002 meeting as follows: The typical Micro-path section is not approved as shown on the Preliminary Plat. All drainage shall be maintained within the 7 V2 foot area on either side of the micro-path, not drained to the fence line as shown on the Preliminary Plat. 2. A minimum three-foot-wide separation between the asphalt pathway and adjacent building lots has not been followed, (typical micro-path with drainage section). 3. Show the moving of phase lines for Phases 3 and 4. 4. Show existing and proposed easements on the plat as required by State Code and City Ordinance. ° Within Settler's Irrigation District's letter dated March 19, 2002, they are requesting easements of 60 feet on the White Drain and 30 feet on the Coleman Lateral, which dimensions are not depicted on the most recently submitted preliminary plat. If joint trench is to be utilized for the Coleman Lateral FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-01-027) easement, a minimun~ 15-foot-wide easement will be required along the frontage of all lots on the east side of North Hyde Park Avenue. The preliminary, plat needs to reflect compliance svith agency approvals or written evidence from those agencies must be submitted if conflicting conditions of approval are agreed upon. Additionally, the District also requires the Coleman Lateral be tiled, and that the pressurized irrigation system be installed according to the District's standards and specifications. Applicant has submitted a letter dated April 2, 2002, which addresses Settler's Irrigation District, and which is on file with the Meridian City Clerk's office. 4. The City Attorney shall prepare for consideration by the Ciw Council the appropriate ordinance for the annexation and zoning desi~ation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code §' 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § I 1-2 I-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person ~vho has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWiN PARa'( (AZ-01-027) of this decision and order seek a judicial revie~v as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the of ~q~ ,2002. ROLL CALL COUNCILMAN ICEITH BIRD VOTED COUNCILWONL&N TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS VOTED VOTED COUNCILMAN WILLIAM L.M. NARY VOTED .~,t..- MAYOR ROBEKT D. CORKIE (TIE BREAKER) DATED: /_/Z ..--/~; '-'O ~ VOTED MOTION: APPROVE~ - DISAPPROVED: Copy served upon AppliCant, the Planning and Zoning Department, Public Works Department and the City Attorney. ,., By:~~t.a.-~,~~ J~ ' Dated:. 4 "'/~'~ ~-~.-"'"'~~'~~'%i' ' ' City Clerk Z:\WorkhWdMcridian~leridian 15360N~aldwin Park Sub ~01-027 PPO 1-024 V~01-020~FfOl&~, - -~ .~' -~,,, ~'1~ FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BALDWIN PARK (AZ-Ol-027)