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HomeMy WebLinkAboutDev Agr AZ-03-021 Red Feather 2004 V1E IDI� 11 APPROVED )A:E 05/20/22 SCE%V,9;R:-zozaoaoe PARTIES: 1. 2. 3. ADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .ao �2 IOISE IDAN 101a8Ip4 a8:36 PM DEPUTY JaninRECORDED -REQUEST OF III IIIIIIIIIIIIIIIINIIIII(111lIff I(I MERIDIAN CITY 104129529 I DEVELOPMENT AGREEMENT City of Meridian Bart L. Bryson, Owner The Melvin R. and Noma E. Schrammeck Trust, Owner yE � THIS DEVELOPMENT AGREEMENT (this "Agreement'), is made and entered into this, — day of� f- , 2004, by and between CITY OF MERIDIAN, a municipal corporation f the State of Idaho, 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 WHEREAS, "OWNER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for the C-G zoning, which is attached hereto and by this reference incorporated herein as if set forth in fill, hereinafter referred to as the "Property"; and 1.2 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 of the "Property" described in Exhibit A, and has requested a designation of (C-G) General Retail and Service Commercial District (Municipal Code of the 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 (AS-03-021) PAGE 1 OF 16 E IDI� 11 APPROVED DAT 05/20/22 SCE 9UMB:R:-zozaoaoe 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 1.6 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 1.7 WHEREAS, the Findings require the "Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.8 "OWNER" 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 request; and 1.9 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 of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected 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-03-021) PAGE 2 OF 16 E IDI� 11 APPROVED DAT 05/20/22 SCE%V,9;R:-zozaoaoe 3. DEFINITIONS: For all purposes of this Agreement the following words, terms and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER": 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 C-G attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (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 interconnedivity, 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 (A2r03-021) PAGE 3 OF 16 E IDI� 11 APPROVED DAT 05/20/22 SCE%V,9;R:-zozaoaoe 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. S. 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 of the 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 VII) shall be applicable to these properties: Transportation Policies Applicable to the Bryson/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. 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-03-021) PAGE 4 OF 16 E IDI� 11 APPROVED DAT 05/20/22 SCE 9UMB:R:-zozaoaoe + Pathways that encourage use by bicyclists and pedestrians can decrease road congestion 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 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 Bryson/Schrammeck 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 124- 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. 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 subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT (A2r03-021) PAGE 5 OF 16 E IDI� 11 APPROVED DAT 05/20/22 SCE%VAB:R:-zozaoaoe 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 if the "Owner" fails to cure such failure within six (6) months of such notice. S. 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 irnprovements 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. 9. DEFAULT: 9.1 In the event "Owner" or "Owner'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. 9.2 A waiver by "City" of any default by "Owner" 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. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the 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-03-021) PAGE 6 OF 16 E IDI� 11 APPROVED DAT 05/20/22 SCE%VAB:R:-zozaoaoe fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 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 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 connect 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. 12.2 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 of the improvements, which the "Owner" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 7 OF 16 E IDI� 11 APPROVED DAT 05/20/22 SCE%V,9;R:-zozaoaoe 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 agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 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: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER: Bart L. Bryson 6324 Cassia Boise, Idaho 83709 The Melvin R. and Noma E. Schrammeck Trust c/o Joy A. Moore, Trustee 2745 S. Eagle Road Eagle, Idaho 83616 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 (A2t03-021) PAGE 8 OF 16 E IDI� 11 APPROVED DAT 05/20/22 SCE%V,9;R:-zozaoaoe 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 of the 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 of termination of this 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 of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 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 of the subject "Property" herein provided for can be modified or amended DEVELOPMENT AGREEMENT (A2r03-021) PAGE 9 OF 16 APPROVED DAT 05/20/22 SCE `IUMB:R:-zozaoaoe 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 of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 10 OF 16 APPROVED DAT 05/20/22 SCE %U61 B: R' H-222 0.1 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER: AND BY: Q!�7 to 0 Joy A. Moore, Trustee for the Melvin R. and Noma E. Schrammeck Trust CITY OF MERIDIAN MAYOR TAV de W Attest: CITY CLERK - SEAL Cbu DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 11 OF 16 E IDI� 11 APPROVED DAT 05/20/22 SCE%V,9;R:-zozaoaoe STATE OF IDAHO ) :ss 'COUNTY OF ADA ) On this 2, l 14- _ day of S�,o , 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) Flc-� 0 A BATS v .•'�� STATE OF IDAHO ) ss: County of Ada } r- No ary Public fTk, o Residing at: Commission expires: On this day of , in the year 2004, before me, a Notary Public, personally appe6red Jc# A. Moore, known or identified to me to be the Trustee for The Melvin R. and Noma E. Schrammeck Trust, and who executed the instrument and acknowledged to me that she has executed the same on behalf of said trust. ,r° a° (SEAL) per► } �4�' oe 8TA•f� a► �Publip,r Idaho Residing a Commiss en expires: i p rj DEVELOPMENT AGREEMENT (AZ03-021) PAGE 12 OF 16 APPROVED DAT 05/20/22 SCE `IUMB:R:-zozaoaoe STATE OF IDAHO ) :ss County of Ada } On this, day of , in the year 2004, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City 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. �•.••a (SEAL) ; a: OTAR�, � UB Ltd' • M.. $. NotaryVdbliefo Idaho _ Residing at: 14 Commission expires: DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 13 OF 16 APPROVED DAT 05/20/22 SCE `IUMB:R:-zozaoaoe EXHIBIT A C-G ZONING (Brvson/Schrammeck Parcel) A parcel of land situated in the NW Y4 of Section 4, UN., R.1 E., B.M., Ada County, Idaho and more particularly described as follows: COMAUNCING at a brass cap marking the Northwest corner of said Section 4; thence along the West line of said Section 4 South 00036' 11" West 1390.15 feet to the Northwest corner of that 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 00036' 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 of the 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 72058'49" West 99.53 feet to a point; thence continuing North 40°43'49" West 366.30 feet to a point; thence continuing North 85133'49" West 174.90 feet to a point; thence continuing North 71 ° 18'49" West 132.00 feet to a point; thence continuing North 34048'49" West 227.70 feet to a point; thence continuing North 66018'49" West 264.00 feet to a point; thence continuing South 84'26' 11" West 17.43 feet to the Northeast comer 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 00036' 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 APPROVED DAT 06/20/22 SCE `IUMB:R:-zozaoaoe South 89°23'49" East 185.00 feet to a point; thence continuing North 00036' 11" East 90.00 feet to a point; thence continuing North 89023'49" West 185.00 feet to a point on said West line of Section 4; thence continuing along said West line North 00036' 11" East 127.83 feet to the POINT OF BEGINNING; Said Parcel Contains 23.70 Acres, more or less. DEVELOPMENT AGREEMENT (AZ.03-021) PAGE 15 OF 16 E IDI� Il APPROVED DAT 05/20/22 SCE %U61 B: R' H-222 0.1 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 16 OF 16 APPROVED DAT 06/20/22 ECE RECEIVED APR s 1 2W City Of Meridian. Citg Clerk Office BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 114.52 ACRES ) FOR PROPOSED REDFEATHER } ESTATES SUBDIVISION NO.2 ) FROM RUT TO R4 PLANNED ] DEVELOPMENT AND GG ) GENERAL RETAIL AND SERVICE ) COMMERICAL, LOCATED ON ) THE SOUTH SIDE OF USTICK ) ROAD1,1A MILE WEST OF ) CLOVERDALE ROAD, AND THE ] EAST SIDE OF EAGLE ROADISH ) 55, % MILE SOUTH OF USTICK, ) MERIDIAN, IDAHO ? PACKARD ESTATES ) DEVELOPMENT, LLC, APPLICANT ] C/C 03/02/04 Care No. AZ-03-021 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATIONf FOR ANNEXATION AND ZONING The above entitled annexation end zoning application hBvh g come on for public hearing on March 2, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Deparnnen4 Becky McKay, Stokes, Carla Williams, Michelle Broadhead, Fitsroy Blocher, Bruce Mills, Kenny Bowers and Summ Cole, appmvd and tes6 fled, and the City Comd] having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Condlusions of Law, and Decision and Order; FMINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING, APPLICATION FOR ANNEXATION AND ZONING REDFEATBER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 1 OF 26 APPROVED DAT 05/20/22 ECE FMINGS OF FACT 1- There has been eompliamae with all notic c aad hearing requirements set firth in Idaho Code 9§ 67-6509 and 67-6511, cad Meridian City Code §§ 1 i-15-5 and I 1-16-1. 2. The City Council takes judicial notice Of its zoning, subdivision and development Ordinances codified at Titles I and 12, Meridian City Code, and, all current zoning maps thereof, and the Amended Comprehemsive Plan of the City of McQidian 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 des"ibed in the application, is approximately 114.52 acres in size and is located on the south side of Ustick Road,14 mile west of Cloverdale Road, and the east side of Eagle Road/SH 55, N mile south of Ustick, 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 sub) ect property we Harry and Frances Bryson, Melvin R. and Nonm E. deck Trust, Alan and Elaine Durkhcimer, Meivina and Will Grant, The Ustick 36, LLC and Archie Ralph Wood, and all have submitted nota ized consent for Packard. Estates Development, LLC to submit the subject applications. Applicant is Packard Estates Development, LLC. 5• The Pgmty is A=Wt19 zoned RUT (Ada County), and consists of a single- family residence and vacant land. 6. The Applicant requests the property be zoned as R-4/90.29 acres (Low Density FTNDINOS OF FACT' AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRAN ZING APPLICATION FOR ANNEXATIQN AND ZONING REDFRATTER ESTATES SUBDWISION NO.2 PLANNED DEVEtAPMENT (AZ-03-021) PAGE 2 OF 26 APPROVED 'Jj%UtIB; R'H-2022-0.1 Identi-al) and C-W4.23 (Gum -al ReW and Service Comma al). 7. The subject property is bordered to the north by Healer Meadows Subdivision, pending Kissler annexation parcel (18 acres) and a fitme church site, to the south by Clover Meadows Subdivision and a turf farm, to the east by l3riarwood, Dawson Meadows and Redfcather Estates No. l Subdivisions, and to the west by Perkins-$mwn Subdivision and undeveloped land. 8. The Applicant proposes to develop the subjed property in the fallowing M.I. 302 building lots and 28 other lots on 90.29 ac m. 9. The Applicant requests zoning of the subject real property as R4 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 Latour and the South Slough Drain are two scenic features that affect the consideration of this application. 11. The City Council recognizes the concerns of the following individuals: Sherry and Harvey HoffUetter dated 9112103) J.P. Rolison (letter dated 9/1103) Charles and Josephine Altman (letter dated 9/3/03) Fitzroy A. and Virginia Belcher Metter dated 9/4103) Hal and 1Vlic helle Bma&ead Oetter dated 9/3103) Gerald J. and Cathy L. Reaves (letter dated 9/3l03) J.R. Nishioka (letter dated 911/03) Wilbur K. and Barbara A. Braddirh (letter dated 918/03) - Dan and Darlaw Thompson Robert C. Sanders (letter dated 9/10/03) - Howard and Karen Juries (letter dated 9111/03) - Sue Piva (letter dated 12/4103) Michael Tyvand (letter dated 12/4/03) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZON1I G REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVEWPMENT (AZ-03-021) PAGE 3 OF 26 APPROVED DAT 06/20/22 CE %U61B:R: H 2022 0.1 12. Giving due considwation to the cm=cnts received from the lPvemmwtal subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and seMc es required by the proposed development will not impose expense upon the public if the following conditions of develolmert are imposed: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Do not require the inclusion of the one -acre Snutahger, out paroel in the annexation. B- Adopt the Reeommendadoas of the Meridian Planning & Toning Department as follows: 1. Removal of any existing domestic wells and/or soptic systems within this project from their domestic service must be accomplished within two years of the approval of these Annexation and Zoning Fiadi P, but it may be extended for an additional year by the City Engineer if good cause is shown, and pending development of the paroel would warrant the extension. Wells may be used for non -domestic purpoeea such as landscape im$at OE_ 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 C-G (Harry & Frances Bryson and Melvin R. and Noma E. Scbtaumeck 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 futm site plans. A conceptual master plan detnommiing 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 Scbramnwck properties. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and VID as applicable to these same properties: 'Large development proposals that are likely to goneratc sigtrificMt tmffic should be assessed for their impact on the trUmportation system. and surrounding land uses. They FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTM APPLICATION FOR ANNEXATION AND ZONING PMFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (A7,03-021) PAGE 4 OF 26 E IDI� 11 APPROVED DAT 06/20/22 SCE%VAB:R:-zozaoaoe should be examined for vwtp to encourage all forms of transportation such as transit walking, and cycling, • New development should not ashy on cul-de-sacs since they provide poor fire access, wttlkability, 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 ofpublic transit systems is an important first step. Public transit includes bus systems and ndeshming. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. • Pathways that MWOMP use by biq clists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-stroet and multiple -use pathway systems are depicted in Figures VIA and VI-4. Newand existing developments should ensure that the guidelines laid out in this plan are adopted. • Eagle Road is the major north south arterial in Ads County. The capacity of this arterial should be protected by tninimizigg the number &W location of private driveway access connections to this important roadway, The City should recogtd' adopt, and hel implement the Eagle Road Access Control Study, prepared by ACID in 1997.„ p • "When 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 mu dple commercial and/or office buildings are proposed (not residential), the buildings should be ar =god to cute ad W form of common, usable area, such as a plaza or green space; • Where the Pwiect is daveloped adjacent to low or medium density residential uses, a tramsitional use is encourage&" 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and configwyug to the pal slhall be tiled per City Ordinance 12-4- 13. Plans will need to be app wad by the RPPr0Pd8t6 hd ationldrainage district, or lateral users associating, with written conSrmadon of said approval submitted to the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DEMION AND ORDER GRANTING APPLICATION FOR ANNEI£ATION AND ZONING REDFEAIMM ESTATES SUBDYVISION NO.2 PLANNED DEVELOFN1ENf (AZ.03-021) PAGE 5 OF 26 APPROVED DAT 06/20/22 SCE %U61 B: R' H-222 0.1 Adopt the Recommoo dations of the Ada County Hfighway District as follows: 1. The Board of Commissioners authorizes the wgm&twe of available collected impact fees for the Purchase of right-of-way dedicated by the applicant, with the applicant =sMWtiug a sidewalk as desM1W below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a developmat ofrW agreement whe+eby the applies is reimbursed fives+ impact fees to be collected solely from the applicant's specafic development Projoat) 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 of 23-Beet fiom the centerlice 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, Iocated a minimum of 23-foal from the centerline of the right-of-way, in an eut Provided to the Di strict. o. DO not dedicate additional right-of-way, but construct a minimum 5-foot wide coaQvte sidewalk along Ustick Road, located at the back edge of the existing right-of-way. Acoompliah all necessary adjustments to properly acconaaodate existing drainage and utilities. 2. Construct the main enftnc e, North Grenadier Way, to intersect Ustick Road RWoximately 370-feet east of the west property line, as proposed. 'Ibis roadway "I align with an existing roadway that is located on the north side of Ustick Road. 3. Construct Nordi Grenadier Way and East Granger SUW as residential oollectors, but believes that these roadways should be consMaXed as 36-foot street sections with vertical curb, Sum' and 4-1o0t detacltod Concrete sidewalk (or a 5-foot attached concrete sidewalk). 4. Construct the remainder of the intents( roadways as 36-foot stx eet sections with rolled curb, gutter and 5-foot attached aancrete sidewalks, as proposed. 5. Extend Grangex'Shvd fmm the east property line approximately 640-feet north of the south property liner as proposal. 6. Extend East Palm Street f mm the out 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 APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO 2 PLANNED DEVELOPMENT (AZd13-021) PAGE 6 OF 26 APPROVED DAT 05/20/22 :IJ %U61B:RH-222 0.1 Install swinging gate at the connection of Duane Drive and. Palm Sftd for the present time. Construct a pedestriaWbieycle pathway that connects the improvements on Duane Drive (south of the gate) to the 24.1eet of pavement that exists (north of the gate). * Duane Drive shall be a public street eonnechon. Alec, a public hearing would have to be hold 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, agencie% etc. (Per Chriisky Richardson,s letter to Anna Powell — Planning and ZOWAS s stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk 8. Contract a stub street (East Palm Street) to the west property line aWroximately 500-feet north of the south property line, as per• Install a siga 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 we gt PrOPellY Vie, as proposed. Install a sign at the terminus of the roadway stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub suvat to the 5-am out parcel that is located at the south property liner as proposed. Install a sign at the terminus Of the roadway stating that, "THIS ROAD WILL HE EXTENDED IN THE FUTURE". I I . Construct a stub street to the north property line approximately 100-feet west of the east Pmp" Hne., as proposed. Install a sign at the twMinus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct a pedestrian path (rather than a stub streak) that will connect this subdivision with Briarwood Subdivision, as proposed. :13. Before a building permit is issued for lot 242, install d" canter tum lane on Cloverdale Road sot the intersection of Cloverdale Road and Qmngw 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 tea =M an 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 rig Avmy of North Grenadier Way (near the intersection of Ustick RoWl ae proposed. Provide a minimum of a 2 2 -foot street section on cither side of any proposed center islands within the turnarounds. Construct the islandhnedian to be a minimum of 4-6eet wide to total a minimum of a 100-square f oot FMINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRAN TMG APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVEL OpMENT (AZ-03-021) PAGE 7 OF 26 E IDI� 11 APPROVED DAT 05/20/22 SCE %U61 B: R' H-222 0.1 +area. Any proposed landscape is WXWMedians within the public right-of-way dedicated by this Plat shall be owned and maintained by ..homeowners association 16. Construct five cul-de-sac turaarouads without center idands within the subdivision, as Proles. Provide a minimum turning radius of 45-fed, 17. Consixaet chokers on the north side of Patin Street at the intersection of Dunne Drive to PaVFMO for a reduced street section. 18. Vacate the existing right-af--way, exchange the misti ng right -of --way, or improve the existing right-of-way within the proposed development (a portion of Granger Sit and a 20-foot step that abuts the Perkins Brown Subdivision's east property line). 19. Deter all construction traffic Duane Drive, as no construction traffic should utilize Duane Drive. 20. Other than tfie access Pow that has been specific &UY approved with this application, direct lot access to Ust ick Road is prohibited. 21. Comply with all Standard Conditions of Approval. 22. Per Chr'scy R'dMrdsoa's letter to Anna Powe11— Planning and Zoning Director, stamped. RECEMW FEB 04 2004 City of Meridian City Clerk Office, the applicant has submitted a revised layout of some of the local streets in the interseW,011. The layout appears to meet the District's policies and is approved as proposed. D. Adopt the Meridian Fire Depart ma t Recommendations as follows: The following will be the requb=er& andlor concerns to for the prop Projed: for minimum levels of fire protection 1. OW and two family dwellings wdl reqWre a fire -flow of 1,000 duration of 2 haute to service the entire gallons Per minute available far ap- Pr'QJact, F� aafe shall be placed an average of440 2. A.ccepwa of the water &gVIY fi)r fft won will be by the Meridian Water Department. 3. Final Mnoval of the Ste hydrant locations shall bebj+gwMeddian Fire Deparhnent which will be submitted to the Public Warm Dom, All ewbing in & nt of fire hydrants shall be painted red for Won each side of &o installation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRAMWG APPLICATION FOR ANNEXATION AND ZONING REDFEATIIER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 8 OF 26 APPROVED DAT 06/20/22 SCE %U61 B: R' H-222 0.1 Ali roads shall have a turning radius of 28' inside and 4ti' outside. firs and tempomyorpermanent street signs are required before combustible won begins G The phasing plan may requite that anyroadwaygvedwtban 150' in l gth that is not provided with an outlet d=11 be required to have a tum around, 7. The fire depmft mt requests that any future signalization installed as the result of the development of this project be equipped with Opdcom Sansone to Gays= a safe and efficient bome ponse the dev�by &e and magNmY medical "Aft vehicles. The cost of thus installation is to be eloper, 8. M-larsjeet7 A public street oonttectim will be made to Dtme Drive. However, the aces will be restricted by a gate. The gate will allow for anergenq 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.) E. Adopt the Recommendation of Nampa & 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 an it. 2. Applicant shall apply for a land use dwge.lsita application. F. Adopt the Rewmmendatiom of the Central District Health Department as follows: I . 1U proposal can be approove:d 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 & WelSer+e Quality., Division of Envimnmeatal 3. Ron -off is not to create a mosquito breeding problem. 4. Storrawater shall be pretreated througb a grassy Swale prior to discharge to the subsurface to prevent kapact to groundwater and MGM water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAw AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHM ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-421) PAGE 9 OF 26 E IDI� 11 APPROVED DAT 06/20/22 SCE %U61 B: R' H-222 0.1 S. The Engineers and architects involved with the design of the subject pmject shall obtain current best management prectioes for atarmwater disposal and design a stormwater mm aganent system that prevents groundwater and surface water degradation. G' Adopt the action of the City Council takew at their March 2, 2004 meeting as follows: 1. Dunn 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 fbr the gate to be rmoved. Anyone can make the request to remove the gate, which would include members of the public, am -vice providers, agencies, etc. (Per Christy Richardson's of letter to Anna Powell — Planting and Zoning Director, stamped: RECEiYED 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 vehicles, except the present enlisting surrounding homeowners, be allowed to nee 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 ofthe property is to be made a part of this annexation which is to be rezoned to C-0, a Development Agreement shall be entered into between the City of Meridian and the owners ofthe property to be zoned C-G (Harry & Franccs Bryson and Melvin R. and Noma E. Schrammeck Trust) that would restrict development of future uses for this arm The Development Agreement shall also cite the appropriate Comprehensive Plan policies (from Chapter VI and VII) as applicable to these propane,. (See number B.2. above for further explanation.) 3. Pertaining to the dispute over the boundary linens on Granger between the Applicant and Jim and hma Mittleider, the Applicant resolved this situation by positioning the right -ems way Rirther north to compensate for what the Mittleider,s believe to be their property. The Applicant shall also work with the h itdeide m 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 goo ova the development plan, and to discuss any issues they may have. 4. The revised Landscape Plan shows the increased laodscapebuffer along Ustick Road to be 35 fleet, which meets the entryway corridor policy of the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DEMION AND ORDER GRAN71NO APPUCATMN FOR ANNEXATION AND ZONING REOFEATBER ESTATES SUBDNISJON NO.2 PLANNED DEVELOPMENT (AZ-03-02I ) PAGE 10 OF 26 13. It is found that the requested zoning designations, R. 4 and C-G, are harmonious with and in aoom*mce with the effvWve Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Mined Use RA40nsl for theprapoeed"propertyand 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 R4 zone (single-family) and the flexibility far future development oa the C-G proposed property. IS. It is found that the proposed single-family residential portion of the zoning amendment would be developed in a manner substantially conaisW with the proposed R-4 zone and/or consistent with alloweable Pinned Development uses, The ap heant submitted a revised preliminaryplat, planned developcn=tplan, and landscape plan for the R4 single-family residential propetty, but a Development Agreement will need to be entered into between the City of Meridian and the owners of the property to be zoned CEO (Harry & Frances Bryson and Melvin & and Noma Schmmmeck Trust) that would restrict development of futon uses for this area. The Development Agreement shall also cite the appmprinte Give Plan policies (from Chapter VI and VID as applicable to these properties. (See number B2. above for further explanation.) 16. It is found that the annexation, zoning sod rede+r+elopment ofparcels to the north and east of this site (within Boise City limits) to medium density rraideotial uses are similar to the proposed use and would be oompatible. Recently them bave been several larger residential subdivisions, with densities sim lar to those allowed in the R4 zone that Have been approved by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER aRANTING APPLICATION FOR ANNEXATION AND ZOMWO REDFEATH R ESTATES SU13DIMION NO.2 PLANNM DEVELOPMENT (AZ.03-021) PAGE 1 i OF 26 APPROVED oeizoiz2 of Boise. Pmvideace Place, Heather Meadows Subdivision, Dawson Meadows Subdivision and DA 9U61 5/20zozz-oaoe Redhadia Estates Subdivision # 1 have all been approved for single-family neidences in the vicinity of this site. An annexation aid zoning application fora proposed GG zone was approved by the Planning and Zoning Co MMOn in September 2003 for the 18 acres immediately north of the PMPOscd C-0 ProPab► within the subject application. The arterial Weds adjacad to this site, Ustick Road (between Clovardale Road and Eagle Road) and Eagle Road are cruQently not Muded within ACHD's Five Year Work Program for roadway hApnavements. 17. It is found that the proposed use R-4 (single family raidential) match the intended character of the vicinity. It is fmmd that the proposed zoniu can be designed and constructed in a man= that will be harmonious with and appropriate in appearance with the existing and intended chmutcr of the surrounding area, It is also found that to came compatibility of the commercial area, a Development Agreement shall be required which will help guide appropriate and harmonous appearances in the future. The existing dlwwter 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 drat it will not adversely change the essential character of the area. IS. It is not anticipated that the proposed reaidl or conunercial uses will be hazardous or "ttubing to future or existing neighbors, due to other cuing 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 GRAN7Mgo APPLICATION FOR ANNEXATION AND ZONING REDFEATMM ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PACTS 12 OF 26 APPROVED oeizoiz2 usiely serve the Project, and said list is addressed witbin 12. D. hen3inabove. Additionally, DA 9U61 5/20zozz-ones i ACHD submitted dmrregMremffity0 onuncndetlons and wa&tions winch alb Sd rased in 12.C. hereinabove. Wafter and sanitary sewer BWWC s are proposed to be extended from existing service limes in Ustick Road and near the South Slough, via Ea* Road. 20. It is found that them W ill not be excessive additional requirements at public cost for public services and facilities and that the annexation and zoning will not be dual to the community's economic welfam The Ilideveloper will be,finaodn the extension of sewer, water, local stroll infrastructure, utilities and irri gaa'ou savices to seine the project. The primary public costs to serve the future residents will be ft police and school facilities and services. 21. It is found that the �nposed residential and commercial zones/uses will not be I detrimental to people, property or the al welfare of the area. The proposed uses on the subject Property will create additional traffic Qnnearbyarterial roadways. Washington Group International prepared a traffic study for tWs site. �s a result of the site build -out, Washington Group anticipates that trafl7ic on the vicinity roadways expected to increase as follows: traffic on Ustick Road, west of Duane Drive, may incr== by 945 vpd; traffic on Ustick Road cast of Grenadier Way may increase by 874 vpd; traffic on Clove We Road north of Gamer Street may increase by 332 vpd,- traffic on Cloverdale Road south of Street may increase by 905 vpd. The intersection of Ustick RoadtCloverdale Road is cuto ently operating at a LADS E with'a delay of 56 seconds per vehicle. At build -out of the Red£ea&w Estates No. 2 site, the Ustick Road/Clover+ We Road intemcction is projected to coatainuute operating at LOS E with a delay of 70 seconds per vehicle. The intersection of Cloverdale Roeff 'm IAvenue is cu nwdy operating at a LOS F with a delay of ew FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DBCISION AIM ORDER GRAMING APPLICATION FOR ANNEXATION AMID ZONNG RMFEATfM ESTATES SUBDIVISION NO.2 PLANNED DE%? iJDPMENT (A2d13-0.21) j PAGE 13 OF 26 (E APPROVED i o5/20/22 ":E seconds. SCE `IU6IBER'H-zozz-once At build -out of the R dffeadw Estes No. 2 dte, the intersection is projected to continue operating at LOS F with a delay of 112 seconds per vehicle, i I It is recognized that the tra( and noise will inerem with the approval of this subdivision; however, it is believed that the amount generated will be detrimental. to the general welfare of the public. It is not anticipated that the p�oposed annexation and subsequent uses will create excessive noises smoke, furnes, glare, or odors. 22. ACHD has reviewed gird recommended approval ofthe vehicular approach to the site I from Ustick Road The ACHD Commission approved the subject application and proposed vehicle apP. Further, the applicant is Posmgto extend stub streets that were originally approved and constructed to provide efficient to the site, limiting the amount off with traffic on surrounding streets. Review ofIthe ACHD report for ibis project will provide additional information. i 23. A revised Landscape Riau was submitted and which Plan increased the landscaping I along Ustick Road to 35 feet, it took the very long street and created a loop. Additionally, there i will be pedestrian access fivm the Guru terminus of Briarwood Drive to Briarwoad Subdivision, as proposed, and to retain the existing maple tree. All trees that we removed from this site shall be I mitigated in accordance with MCC 1 �,l3-13-6. The revised LmWscgc plan was approved by the Planning and Zoning Dgwtment. The South sloughE (F Latcral) crosses the subject Property along the southwest COMM of the proposed R•4 property. The Milk Latud will be piped by the Applicant. The applicant is proposing to oonswa t a 10-foot W4 paved multi -use pathway adjacent to thelateral as part of fe i i FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRA1V'FJI*lG APPUCAUON FOR ANNEXATION AND ZONMG REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEV=PM NT (A2.03-021) i� PAGE 14 OF 26 i APPROVED DAT 06/20/22 SCE `IU6IBER'H-zozz-nine opmnent proposal for the R dfeatbw dovdopment, Ifali agplimble agencydesign and trahscot I standards are complied with, it is fou id that the pmpvaed pathway will not result in the destruction, I loss or damage of the iataal. R89110 the Proposal should enhance the lateral by allowing nearby residents to e4cy the featmm There appears to be no{ other natural or sock fratmu of maj or importance in the ages that may be affected the o pr Posed re�neduse8. 24. It is found that the ant%xaf Mlresone of this property would be in the beat interest of the City. 25. It is found that if the +MoPer pays for the requested improvements UA complies with the conditiom set earth in these Findings ofFact No. 12, and all sub -parts, the economic welfare ofthe City and its icsidents and tax and rate payers will be protected, a i condition of annexation and zoning doignetian. 26. It is also found that t I development ommidamions as refmmcW in FindingNo. I 12 are reasonable to require and mus� be taken into account; in order to assure the proposed development is designed, cons ttv" operated and maintained in a manner which is harmonious and appropriate in appeuance with tl a existing, or int=W cbmaoter ofthe general vicinity, m order to assure that the proposed use t,, vill not change the e8590tiad d1aracxer of the affected vicinity and will insure that the progvsed uses will not be hazodous or disturbing to the existing, or future neighboring uses ply considering the impact of proposed development on potential to pmduco ear`cessive trafficnoise, smoke, f =es, Slam aqd odors. I CONCLUSIONS OF LAW FMINGS OF FACT AND CONCWSJONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNOUnON AND ZONWG RMMAnM ESTATES SUBDIVISION NO.2 PLANNED DBVtLOPMBNT PAGE 15 OF 26 APPROVED DAT 05/20/22 SCE %U61 B: R' H-222 0.1 1. The City of Meridian has authority to annex real Property upon written request for annexation and the real property berg contiguous or adjacent to dty boundaries and that said property lies within the area of city i*pact as provided by WWW Cade Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning ArL as set forth in the City's Comprehensive Plan. 2. The Council may of actual conditions existing within 3. The City of Meridian "Local Land Use Planning Act of adoption of the Amended Resolution No. 02-382. 4. The following acre notice Of gove=tent Ordinances, and policies, and City and State. eaercisad its authority and responsibility as provided by codified at Chapter 65, Title 67, Idaho Code by the Plan City of Meridian adopted August h, 2002, to be pertinent provisions of the Cit)r of Meridian Comprehensive Plan and are applicable to this Application Chapter VI and Chapter VIL E 5. The zoning of(R-4) Low Density Residential is defined lathe zoning Ordinance at § 11-7-2 C as follows; " OnlY aiggWfxmily dwellings shall be permitted and no conditional uses shall be permitted execpt forplanaed residential development and public schools. Tho purpose of the R4 Districtis tad permit the establishment of low density 5ft%00-f=ffY dwelhAIK and'to delineate those areas where predominantly residential development has, or is likely a occur. in accord with the Comprehensive Plan ofthe City, and to protect the integrity of residential areas by PuAd itinS the intrusion of incompatible nonresidential uses. The R-4 PiMict allows fnr a mwdmum of four (4) dwelling units per we and requn= Connection too the Municipal water and sewer systeans of the City. FINDINGS OF FACT AND - - OF LAW AND DECISION AND ORDER GRAWONG APPLICATION FOR ANNEXATION AND z0NM RpDFEATHER ESTATES SUBDrWSMN NO.2 PLANNED DEVBiL pMENP (Az-03-021) PAGE 16 OF 25 1 (E IDI� LA\,- APPROVED Da:e 0ei20i22 6. Since the aim=ahon SCE `IU6IBER'H-zozz-oaoe 1 and zoning of lend is a legislative fimcdon, the City has authority to place conditions upon the aaaptadon ofland. Soe DW vs. The QW of Idaho Falls 105 Idaho 65,' 665 P2d 1075 (1983). 7. The development of the aaneamed land, if annexed, shall meet and comply with the Ordinance of the City of M idian 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, whirls pertains to pre=UdZ d irrigation systems, and Ong and Subdivision and Development Ordinance Of the City of Ma ddiian. S. Pursuant to Section 11-16.4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECIMON AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING F1N- DINGS OF FACT AND CONCLUSIONS OF LAW, the City COMM 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 Cleneral Retail and service Commercial (C-G) is granted eject 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 prcpared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolute No. 158. The legal description for annexation mud place this parcel contiguous to the Cor xwft City Limits per Ordinance No. 686. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTIM APPLICATION FOR ANNEXATION AND ZONING REMEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVEI<0pMMM (A7rt13-021) PAGE 17 OF 26 APPROVED DAT 06/20/22 SCE %U61 B: R' H-222 0.1 3. Developer shall be required to meet the conditions set fortb uld 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 a$ follows: I. Do not require the inclusion of the one -acne Smitchger Out pmwl in the annexation C. Adopt the Recommendations of the Meridian Planning & Zoning Department as hollows: 1. Removal of SAY O=ing domestic wells an&or septic systems within this project from their domestic su'vice must be accomplished within two years of the approval of these Anion cad Zoning Findings, but it may be wrtmded 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 AWOMMt shall be entered into between the City of ]Meridian and the owruas of the grope* to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. S Mee( Tait) that requires 9My future uses of the property to be approved only through the conditional use permit process. In addition, the went shall include a requirammt that either a public or private bsek W street generally parallel with Eagle Roa&SH 55 be incorporated into the dwW of &tare site plans. A conceptual master plan demonstrating mtarcoaMcgivity, 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 Schranimeck properties. The DA sball also cite the following Comprehea vc plan policies (from Chapter VI and VII) as applicable to these mane properties: "Large development proposals that are likely to gen,arats significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be emnined far ways to eaoaurage all form of transportation such as transit, wglnn& and cycling. FINDMS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER G NMG APPLICATION FOR ANNEXATION AND ZONM RBDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVEWrmENT (AZ-03.021) PAGE 18 of 26 APPROVED DAT 06/20/22 SCE %U61 B: R' H-222 0.1 New &-,'d pmcnt should not rely on cul-de-secs since tkY Pwvide P" flm access, walkability, and neiAbimhood social life. New development and streets should be des4fte'd to encourage walking and bicycling. i In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport, hnMvemeat in and encouraged use of public transit systems is an important Srst step. Public trwait includes bus systems and rideshering. By fostering such means of high vehicle oampancies, congestion on roadways can be decreased. • Pathways that encourage use by bicyclists and pedeatriam can decrease road congestion and add to the community's quality of life. The proposed off-street and multiple -use PathwaY s aro depicted in Figures V1-3 and VIA New and existing developments Should ensure flu t the guidelines laid out in this plan are adopted. • Eagle Road is the major north -Muth arterial in Ada County. The capacity of this arterial Should, be protected by minimizing the number and location of private driveway access corineWOns W this important roadway. The City should recognize, adopt, and help implem at the Eagle Road Acoass Control Study, prepared by ACHD in 1997.1, 'Mere feasible, mold -family residential uses will be encouraged, especially for projects with the potential to wave as employment destination centers and when the project is adjacent to State Highways 20-26, SS or 69; • In developments where multiple commercial and/or offioe 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 trandtiortal use is encouraged." 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and omfiguous to the psrtcl shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the approprlatu imgatkor*ldtai gage district, or lateral users association, with written can$ntration of said approval submitted to the public Works Departmesrt. C. Adopt the Recaarnurrdations of the Ada County Highway District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DBCI ON AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOph ENT (A7r43-021) PAGE 19 OF 26 APPROVED DAT 06/20/22 SCE %U61 B: R' H-222 0.1 The Board of Commiasioa M atrth dns the expenditure of available collected impact fees for the putr,,hmse of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as descrilmd below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by d=tion (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicsnt's specific development Pro3ea) an additional 23- feet of right-of-way along Ustick Road, and construes a minimum S-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-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 fighttof-way, in an easMOM provided to the District. a Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Usdck Road, located at the back edge of the ansting right-of-way. Accomplish all necessary adjustments to properly sceommodate existing drainage and utilities. 2. COnSUuct the main entrance, North Grenadier Way, to intersect Ustick Road approximately 370-feet east of the west property link as proposed: This roadway shall align with an existing roadway that is located an the north side of Ustick Road. 3. Construct North GrMadia Way and East Ganger ShW as residential collectors, but belierre~s that these roadways should be constructed as 36-foot street sections with vertical curb, Sutter and 4-foot detached concrete sidewalk (or a 5-foot attached concrete sidewalk). 4. Constrict the remainder of the internal roadways as 36-foot street sections with rolled curb, ,gutter and 5-foot attac hW concrete sidewalks, as proposed.. 5. Extend Granger Street from the east property line dWroximately.640-feet north of the south property line, as proposal. 6. Extend East Palm Street from the cast property line approximately 440-fret north of the south property line, as proposed. ' 7. install swiMft Bate at the cnnts;s tion of Duane Drive and Palm Street for the present time. Construct a pedestrianlbicycle pathway that oona®cts the improvements on Duane Drive (south of the gate) to the 24-feet of pavement that exists (north of the gate). FIlrTDIIYGS OF FACT AND CONCLUSIONS OF LAW AND DEC SION AND ORDER, GRANTING APPLICATION: FOR ANNEXATION AND ZOMN0 REDFEATHER ESTATES SUBMISIOMNO. 2 PLANNED DEVELOPhI NT (AZ-03-021) PAGE 20 OF 26 APPROVED DAT 06/20/22 ECE * 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 fir the gate to be removed. Anyone can make the request to move the gate, which would include members of the public, service 1roviagencies, etc. (Per Christy Richardsom's letter to Anna Powell — Planning and Zming Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clark Office.) 8. Construct a stub street (East palm Street) to the west property line approximately 540-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "TM ROAD WILL BE EXT LADED IN THE FUTURE". 9. COm8ttud a stub street tot eh south property line app mxmn sly 900-feet east of the west Pro9W1y HIM as Proposed Install 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 5-acre out parcel that is located at the south property line, as proposed. Install a sign at the termims of the roadway staling that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct a stub street to the mn* property line approaimatdy i 00-feet west of the east PAY line, as Proposed. IosWl a sign at the terminus of fibs roadway stating that, "THIS, ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct It pedestrian path (radw than a stub street) that will connect this subdivision with Brierwood Subdivision, as proposed. 13. Before a building permit is issued for lot 242. install the meter, turn lane on Cloverdale Road at the intersection of Cloverdale Road and Graarger Street if the warrants are met prior to the District's reconstruction of Cloverdale Rand. 14. Coordinate the timing and the design of the right -tam radii. on Usdek Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services StafE 15. Construct an island/median within the public righWf- way of North Grenadier way (near the intersection of Ustiek 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 I Msquare foot area- Any proposed landscape iaiandsJmedims within the public right-of-way dedicated by this plat shall be owned and maintained by a bom eowners association. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTJNG APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVI5ION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 21 OF 26 APPROVED DAT 06/20/22 SCE `IUMB:R:-zozaoaoe 16. Construct five cul-de-eac turnamm ds without center islands within the subdivision, as PMPQMd- Provide a miaimwn turning radius OM —feet 17. Construct chokers on the north side of palm Street at the intersection of Duane Drive to provide for a reduced street section. IS - Vacate the existing right -of way, eaohange the existing right-of-way, or improve the calf ag right -Of --way within tine proposed developmeatt {a portion of Changer Stet and a 20-foot strip that abuts dw Perkins Brown Subdivision's east property line). 14. Deter all construction traffic Duane Drive, as no won traffic should utilize Duane Drive. 20. Other than the access point that has been specifically aNmved with this application, direct lot access to Usticic Road is probibited. 21. Comply with all Standard Conditions of Approval. 22. Per Christy Richatdson'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 Depart Reconmunaafiions as follows: Thefar following will be the requir+arrrgats and/or concerns to provide niinirnum levels of fire protection proposed P%1fte 1' for surd m wo family hours to a will 1egwreafit"Owof1,000gallonsperminuteavailable for duration of 2 hours to savice the entire pro ccL Fire hydrants shall be placed an average of40©' apart, 2. Acooptanw of tha water supply fr fire Pvtection will be by the Meridian Water Department, 3. Final 470val ofthe Smo hydrant locations shall be by the Meridian I = Department which will be submitted to the public Works Depatmmt, All prbing in front of fire hydrants shall be painted and for 10' on each side of the installation 4. All wads shall have a turning radius of 28' inside and 48' outside. FINDINGS OF FACT AND CONCLUSIONS OF LAw AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA71ON AND ZONM REDFEATM ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 22 OF 26 APPROVED DAT 06/20/22 ECE 5. Operational fire hydrants ad tcmporary or par wcmt street signs are required before cmnbusttble construction begins. d• The Ping p1m may require that any roadway greater than 150' in length that is not provided with an arhdet shell be required to have a turn around. 7. IU fire department requeste that any future signalization installed as the result of the development of this project be equipped with Optieom Sensors to ensure a safe and efficient response by fire and ema mxy medical service vehicles. The cost of this inaWletion is to be borne by the developer. 8. asms fiff dw prejeet A public street conmec ion will be made to Duane Drive. However, the access will be restricted by a gala. The gate will allow for emergency vehicle:, pedentriian and bicycle access. The Applicant shall coardiinatcthe design of the gate with ACHD and the Meridian Fire Depatnent, (Per action of the City Council me ding of March 2, 2004.) E. Adopt the Reoominendation of Nampa & 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 Recommdulations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central waW after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water pleas must be submitted to and approved by the Idaho Department of Health & Wert Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stormwater shall be mod through a grassy awale prior to discharge to the subsurface to prevent impact to grourfwater and surface water quality. FINDIlM OF FACT AND CONCLUSIONS OF LAW AND DECL90N AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDFMION NO.2 PLANNED DEVELOPA+JM (AZ-03-021) PAGE 23 OF 26 E IDI� 11 APPROVED DAT 05/20/22 SCE %U61 B: R' H-222 0.1 The Engineers and architect involved with the design of the subject project shall obtain eument heat management practices for stonnwater disposal and.demp a stormwater nzanageanent 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: 1. Duane Drivo shell 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 Diredw, stamped: RECEIVED FEB 04 2004 City of Meridian City Cleric 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 improveM h, At no point in time shall eonstnaation traffiq 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 thi s annexation which is to be rmned to C-G, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that would restrict development offitture uses for this area. The Development Agreement shall also cite the appropriate Comprehensive Plan policies Mum Chapter VI and VII) as applicable to these properties. (See number B.2. above fbr firdw explanation.) 3. Pertaining to the dispute over.the boundary lines on Grangerbetween the Applicant and aim and Iona Mittleide r, the Applicant resolved this situafaon by positioning the right-of-way further north to compensate for what the Mittlaider's believe to be their property. The Applicant shall also work with the Mittleidera to work out the piping of ditches. Additionally, the Applicant stated on public record that they would be willing to meet with the Mittlaiders to go over the; development plan, and to discuss any issues they may have. 4. The revised Landscape Flan shows the increased landscape buffer along Ustick Road to be 35 feet, which meets the entryway corridor policy of the City. 4. The City Attorney shall prepare for consi , - _ _ti - -by the City Council the appropriate FMINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANNY' G APPLICATION FOR ANNEXATION AND ZONRgG REDFEATILER ESTATES SUBDIMION NO.2 PLANNED DEVELOPMEAI'1' (A Z-03-021) PAGE 24 OF 26 APPROVED Da:e 0ei20i22 for the annexation and Zaniag designation of the rail peap�y Which is the subject of the SCE `IU6IBER'�-zozz-nine to (R-4) Low Density Rmdwtial District and (C-0) General Retail and Service Caper ial District; and Meridian City (;ode 1 11-7-2. 5. SubsegUmt to the passag8 of the QAina= pmvidCd for in section 4 of this Order the engineering staffofthe Public Works Dqmrtment shall pr+e my fibs appssopriatemapping 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 TAMGS ANALYSIS The Applicant is hemby notified that pursuant to ]chits Code 67-5003, the Owner may request a regulatory talking analy$i& Such 1equest must be in writing, and must be filed with the City Clerk not more thaw twenty-eight (28) days after the final decision concerning the matter at issue. A request for a rq-Watory Wdngs anabysis will toll the time period within which a Petition for Judicial Review may be filed. Plesee take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67.652I. An affected person being a person who has an interest in real Property which may be adversely aheW by this decision may, within twenty-eight (2g) 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 C U110 at its regular meettng held on the f a day of Alylf 01 .2004. FINAINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRAN71 NO APPLICATION FOR ANNEXATION AND ZON Mt# REDFRATHF1t ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMBNT (AZr03-021) PACE 25 OF 26 E IDI� 11 APPROVED DAT 06/20/22 CAM SCE %U61 B; R' H-222 0.1 COUNCILMAN SHA N WARDLE COUNCILMAN BILL NARY COUNCILMAN CHARLM ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY do WEERD ('M BREAKER) DATED:�-- MOTION: APPROVED: DISAPPROVED: Attest: BSAL William G. Bag, Jr., Ci a* Copy srvsd upon Applicant, the Plsnni�tig'!}�igg the City Attorney, r VOTED LA-. VOTED_ VOTED VOTED Public Works Department and b.1WMW74 KWhAMw iu li.60Emu s N& 2 KNTKl PP.0 1<N CL*434)4j\AZpft=rjw,dw FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANMNG APPLICATMN FOR ANNEXATION AND ZONING REDFEATIER ESTATES SUBDIVISION NO.2 PLANNED DEVELOpNMNT (AZ-03-021) PAGE 26 OF 26