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HomeMy WebLinkAboutCobblefield Crossing Sub RECEIVEDI MAR 2 0 2G03 City Of Meridian City Clerk Office DEVELOPMENT AGREEMENT PARTIES: 1. 2. 3. 4. City of Meridian Don and Linda Huffinan, Owners Pacific Development, Inc., Owners CMD, Inc., Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2003, by and between CITY OF MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY', and DON AND LINDA HUFFMAN, hereinafter called "OWNERS", whose address is 4035 MEADOW WOOD DR., MERIDIAN, IDAHO 83642, and PACIFIC DEVELOPMENT, INC., hereinafter called "OWNERS", whose address is 3101 W. CHAMPAGNE CT., EAGLE, IDAHO 83616, and CMD, INC., hereinafter called "DEVELOPER", whose address is 1661 SHORELINE DR. BOISE, IDAHO BOISE, IDAHO 83702. 1. RECITALS: 1.1 WHEREAS, "OWNERS" are the sole owners, in law and/or equity, of certain tract ofland in the County of Ada, State ofIdaho, described in Exhibit A for each owner, 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 -651IA, 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 aunexation and/or re-zoning of land; and 1.4 WHEREAS, "Owners" and "Developer" have submitted an application for aunexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District, (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT (AZ-02-024) - 1 1.5 WHEREAS, "Owners" and "Developer" made representations at the public hearings both before the Meridian Plauning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record ofthe proceedings for the requested aunexation and zoning designation of the subj ect "Property" held before the Plauning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian plauningjurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the _ day of ,2003, 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" to enter into a development agreement before the City Council takes final action on aunexation 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 1.9 WHEREAS, "City" requires the "Owners" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions ofthis development agreement, herein being established as a result of evidence received by the "City" in the proceedings for aunexation and zoning designation from government subdivisions providing services within the plauning jurisdiction and from affected property owners and to ensure aunexation and zoning designation is in accordance with the amended Comprehensive Plan ofthe City of Meridian adopted August 6, 2003, Resolution No. 02-382, and the DEVELOPMENT AGREEMENT (AZ-02-024) - 2 Zoning and Development Ordinances codified in Meridian City Code Title II 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 ofthe state ofIdaho, organized and existing by virtue oflaw of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNERS": means and refers to Don and Linda Huffinan, whose address is 4035 Meadow Wood Dr., Meridian, Idaho 83642, and Pacific Development, Inc., whose address is 310 I W. Champagne Ct., Eagle, Idaho 83616, the parties developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property" . 3.3 "DEVELOPER": means and refers to CMD, Inc., whose address is 1661 Shoreline Drive, Ste. 200, Boise, Idaho 83702, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be aunexed and zoned R -8 attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: DEVELOPMENT AGREEMENT (AZ-02-024) - 3 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: Construction and development of single-family detached and attached homes, with one existing single-family residence, thirteen (13) landscaped common lots, two (2) open space/park lots with six (6) workout center features in the open space lot south of McMillan Road and a swimming pool, (73 building lots and 15 other lots). 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" have submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owners" and ''Developer'' shall develop the "Property" in accordance with the following special conditions: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Linder Road and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and DEVELOPMENT AGREEMENT (AZ-02-024) - 4 signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or 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 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 the ACHD Ordinance in effect at that time (currently Ordinance # 195). OR Dedicate 38-feet of right-of-way from the centerline of Linder Road and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or 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 ofthe right-of-way dedicated which is an addition to existing ACHD right-of-way ifthe owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct a 5-foot concrete sidewalk located 2-feet within the right-of- way (if the dedicated right-of-way is 48-feet from centerline) or if the sidewalk is outside of the right-of-way, place the sidewalk within an easement. 3. Construct the main entrance, Cobblefield Drive,to intersect Linder Road approximately 140- feet north ofthe south property line, as proposed. 4. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 5. Construct a stub street to extend to the south property line approximately 1,000-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". DEVELOPMENT AGREEMENT (AZ-02-024) - 5 6. Construct a stub street to extend to the north property line approximately 1,340-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Dedicate a "temporary stub street" to the District in the form of an easement. The "temporary stub street" will be a 50-foot easement located within the 50-foot flag approximately 760-feet north of the south property line and will extend from the east property line to the west property line. This easement may become a right-of-way in the future (at the sole discretion of the District) at no cost to the District and the costs associated with the construction ofthe street will be paid by the owner/developer and placed within a Public Right's-of-Way Road Trust deposit. Ifthe 50-foot easement is not utilized to construct a stub street within five years from the date of the signed final plat, the easement and the road trust deposit will expire and revert back to the Owner/developer. 8. Construct two knuckles with islands within the subdivision, as proposed. Construct the islands within the knuckles to provide a minimum of 4-feet in width with a minimum area of 100-square feet and provide a minimum of a 29-foot street section for the roadway around the traffic island. 9. Any proposed landscape islands/medians within the public right-of-way indicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 10. Provide a minimum of 21-feet measured from back of curb to back of curb on either side of a proposed island or median. 11. Enter into a development agreement regarding the location, costs and terms associated with the "temporary stub street". 12. Other than the access that has been approved with this application, direct lot access to Linder Road and McMillan Road is prohibited. 13. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of- way. DEVELOPMENT AGREEMENT (AZ-02-024) - 6 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call mGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to DEVELOPMENT AGREEMENT (AZ-02-024) - 7 obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the plauned 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 plauned use ofthe 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. It is recommended that a stub street be extended to the East between Lots 16-18 on Block 3, to provide a second point of access to the project. UFC 902.2.1 Revised plans that have been submitted indicate a connection on the East end ofthe project. DEVELOPMENT AGREEMENT (AZ-02-024) - 8 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Lots 8, 9, 10, 11,12,13,14,15 on Block 4 shall be posted "No Parking Fire Lane". UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. 11. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent to the knuckles on Blocks 6, 7, 8 & 9 shall be posted "No Parking Fire Lane". UFC 902.2 D. Adopt the action of the City Council taken at their January 21,2003 meeting as follows: 1. Based upon the testimony at the City Council meeting on January 21, 2003, and the widely recognized need for infrastructure improvements sooner, rather than later, especially as it respects large developments, the Owner/Developer, as a condition of aunexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the developer/ ACHD Group. Therefore, as a condition of aunexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 2. For clarification, the stub streets shall remain as they are, but as the Applicant develops Cobblefield II, the Applicant shall be required to work with Brian English on where the stub street will be located on the English property. Additionally, Brian English and Tanya Converse are encouraged to work together to create a stub street that enables both of the properties to have access off of Linder. 3. For clarification, so that the fencing matches the subdivision to the south, fencing along Linder Road shall be vinyl. Additionally, the remaining fencing maybe cedar and shall require to be hot wired because of the horses on the adj acent property, if such is necessary to keep the horses from destroying the fence. DEVELOPMENT AGREEMENT (AZ-02-024) - 9 4. The Applicant, through public testimony during the January 21,2003 meeting, stated that the existing irrigation rights of the adjacent property owners shall not be interfered with, and the irrigation shall remain as it presently exists. 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" ofthis 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-aunexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owners" and "Developer" and ifthe "Owners" and "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owners" and ''Developer'' shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owners" and "Developer", "Owners" and "Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all ofthe terms and conditions included in this Agreement in connection with the DEVELOPMENT AGREEMENT (AZ-02-024) - 10 "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 anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owners" and "Developer's" cost, and submit proof of such recording to "Owners" and "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the aunexation 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 aunexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release ofthis Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owners" and "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owners" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which caunot 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. DEVELOPMENT AGREEMENT (AZ-02-024) - 11 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 ofthe party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code ~12-5-3, to insure that installation of the improvements, which the "Owners" and "Developer" agrees to provide, if required by the "city". 15. CERTIFICATE OF OCCUPANCY: The "Owners" and "Developer" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owners" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-aunexation 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 DON and LINDA HUFFMAN 4035 Meadow Wood Dr. Meridian, Idaho 83642 PACIFIC DEVELOPMENT, INC. DEVELOPMENT AGREEMENT (AZ-02-024) - 12 3101 W. Champagne Ct. Eagle, Idaho 83616 with copy to: DEVELOPER: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 CMD. INC. Douglas Campbell 1661 Shoreline Dr., Suite 200 Boise, Idaho 83702 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 ofthis Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely 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 "Owners" 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 subj ect 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. DEVELOPMENT AGREEMENT (AZ-02-024) - 13 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any ofthe other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owners" and "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owners" and "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or 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 aunexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-02-024) - 14 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNERS/HUFFMAN: BY: rJ.~ /~ illid1 Huffinan OWNERS/PACIFIC DEVELOPMENT, INC.: Attest: BY: ...kt..s~ ~,J.J DEVELOPMENT AGREEMENT (AZ-02-024) -15 DEVELOPER: CMD, INC. BY: Douglas Campb Attest: BY: dba. CITY OF MERIDIAN BY: MAYOR ROBERT D. CORRIE Attest: CITY CLERK DEVELOPMENT AGREEMENT (AZ-02-024) - 16 STATE OF IDAHO ) : ss: COUNTY OF ADA ) l'5t:. dayof~Qhch me, a Notary Public, personally appeared DON HUFFMAN and LINDA FMAN, 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. , in the year 2003, before "',.......",.,, .... ~A D4 "" ##~ .... <\\.'S ........ :tJ' \ ..' j : I ! : ~OTA~1- (SEAL) :: * : _._ . ! - . . \ \~ J>tTB\.\C.. I " rP'h...... () I \ ~ l' ......~ ,l #..... l! OF \~ ...... l'#"""'I..I'. ~id:n.. (hu'tfJ Notary PUbl~ " Residing at: 'll In. I U V Commission expires:^,,--'~ -0'1 STATE OF IDAHO) :ss COUNTY OF ADA ) qay of , in the year a Notary Public, personally appeared - to me to be the _Pfltl nj f1 dIl\.J::..... and - of PACIFIC DEVELOPMENT, INC., and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said corporation. , ."......,., ...... ~A D4 "" l" ~...j:tJ' ; I~OTA~,. (4~*;:~c. * " ~ - ';0 I \~ .....~.. #....tlJ OF \~~...., ~'I'"I,,,'ltl. ~td-u. Ow'tO Notary Publ~Jor ~d~~ . "- Residingat:~V Commission expires:oa. \0 - 0'1 DEVELOPMENT AGREEMENT (AZ-OI-003)-17 STATEOFIDAHO ) :ss COUNTY OF ADA ) Onthis ~5i::: dayof~f\h ,intheyear 2003, before me, .in. . d.... a Notary Public, personally appeared DOUGLAS CAMPBELL and - ,knownor identified to me to be the and e 0 0 of CMD, INC., and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said corporation. (SE ,,~ Q:wif; Notary Public for Iq~ I t'I Residing at:.ID n I . \ V..v Commission expires: r$4.- 10 - 0" STATE OF IDAHO ) :ss County of Ada ) On this day of , in the year 2003, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Notary Public for Idaho Residing at: Commission expires: DEVELOPMENT AGREEMENT (AZ-01-003) - 18 EXHIBIT A Leila! Description Of Property A parcel ofland located within the Northwest Y. of Section 36, Township 4 North, Range I West, B.M., Ada County, Idaho. Being further described as follows: Beginning at a point on the west line of the northwest Y. of section 36, Township 4 North, Range I West, BM from which the Northwest corner of said section bears North 00014'41" East, a distance of992.70 feet; thence leaving said section line, South 89026'20" East a distance of 639.88 feet; thence North 26008' 40" East a distance of 352.99 feet; thence South 89026'20" East a distance of 497.21 feet; thence North 00006' 40" East, to a point on the North line of said Northwest y., a distance of 673.66 feet; thence continuing along said section line, South 89024'35" East a distance of 51.57 feet; thence leaving said section line, South 00014'40" West a distance of 1318.40 feet; thence North 89026'20" West to a point on the aforementioned west section line, a distance of 1341.28 feet; thence continuing along said section line, North 00014'37" East a distance of 326.39 feet to THE POINT OF BEGINNING. Said parcel contains an area of approximately 15.39 acres. BASIS OF BEARINGS: The Record of Survey For Lester Updike, filed in the office of the Ada County Recorder on September 22, 1993 as Instrument #9378386 taking the west line of the Northwest Y. as N 00014'41" E DEVELOPMENT AGREEMENT (AZ-01-003) - 19 EXHIBIT B Findinl!s of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-OI-003) - 20 BEFORE THE MERIDIAN CITY COUNCIL ) ) ) ) ) ) ) ) ) ) ) The above entitled annexation and zoning application having come on for public hearing IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 15.4 ACRES FOR PROPOSED COBBLEFIELD CROSSING SUBDIVISION, LOCATED AT 4450 N. LINDER ROAD, MERIDIAN, IDAHO CMD, INC., APPLICANT C/C 01-21-03 Case No. AZ-02-024 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING on January 21,2003, at the hour of 7:00 p.m., and David McKinnon Planner II for the Planning and Zoning Department, Brad Watson of the Public Works Department, Rod Ralphs, Tanya Converse, and Brian English, 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 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~~ 67-6509 and 67-6511, and Meridian City Code ~~ 11-15-5 and 11-16-1. 2; The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIEW CROSSING SUBDMSION (AZ-02-024) and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area BOlmdary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 15.4 acres in size and is located at 4450 N. Linder Road, Meridian, 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 ofreoord of the subject property are Frank Fisher, 4450 N. Linder Road, Meridian and Don Huffman, 4035 Meadowwood, Meridian. Applicant is CMD, Inc., 1661 Shoreline Drive, Ste. 200, Boise, Idaho 83702. 5. The property is presently zoned RUT (Ada County). and consists of vacant land. 6. The Applicant requests the property be zoned 8S R-8. 7. The subject property is bordered to the north by rural residential properties (5-acre parcels), to the south by Baldwin Park Subdivision (R-8), to the east by agricultural land, and to the west by Bridgetower Crossing Subdivision ( office uses). 8. The Applicant proposed to develop the subject property in the following manner: single-family detached and attached homes, with one existing single-family residence, thirteen (13) landscaped common lots, two (2) open space/park lots with six (6) workout center features in the open space lot south of McMillan Road and a swimming pool. 9. The Applicant requests zoning of the subject real property as R-8, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the- subject property as Low Density Residential, or Medium Density Residential, in accordance with note number two (2) on the Land Use Map (allowing for an increase in density without a FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND WNING COBBLEFIELD CROSSING SUBDMSION (AZ-02-024) Comprehensive Plan Amendment). 10. There are no significant or,scenic features of maj or importance that affect the consideration of this application. 11. The City Council recognizes the concerns of Brian English expressed in his letter dated November 18,2002. 12. OJ ving due consideration to the comments 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: A Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Annexation & Zoninl! Comments I. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 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 special conditions placed upon the Preliminary Plat application, including the maximwn allowable density. B. Adopt the Recommendations of ACHD as folloWll: Site S'pecific Conditions of Ap.proval 1. Dedicate 48-feet of right-of-way from the centerline of Linder Road and McMillan Road abutting the parcel by means of a warranty deed. The right-of- way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance ofa building permit. (or other required permits), FINDJNGS OF FACT AND CONCLUSIONS OF LAW. Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFlELD CROSSING SUBDIVISION (AZ-02-024) 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 existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in IlCOOrdance with the ACHD Ordinance in effect at that time (currently Ordinance # 195). OR Dedicate 38-feet of right-of-way from the centerline of Linder Road and McMillan Road abutting the parcel by means of a warranty deed. The right-of- way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the A CHD Commission or 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 existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in IlCOOrdance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct a 5-foot concrete sidewalk located 2-feet within the right-of- way (if the dedicated right-of-way is 48-feet from centerline) or ifthe sidewalk is outside of the right-of-way, place the sidewalk within an easement. 3. Construct the main entrance, Co bblefield Drive, to intersect Linder Road approximately 140-feet north of the south property line, as proposed. 4. Construct all of the internal roadways as 36-foot street section with curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 5. Construct a stub street to extend to the south property line approximately I,OOO-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct a stub street to extend to the north property line approximately I ,340-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXA nON AND ZONING COBBLEFIEW CROSSING SUBDMSION (AZ-02-024) 7. Dedicate a "temporary stub street" to the District in the form of an easement. The "temporary stub street" will be a 50-foot easement located within the 50-foot flag approximately 760-feet north of the south property line and will extend from the east property line to the west property line. This easement may become a right-of-way in the future (at the sole discretion of the District) at no cost to the District and the costs associated with the construction of the street will be paid by the owner/developer and placed within a Public Right's-of- Way Road Trust deposit. If the 50-foot easement is not utilized to construct a stub street within five years from the date of the signed final plat, the easement and the road trust deposit will expire and revert back to the Owner/developer. 8. Construct two knuckles with islands within the subdivision, as proposed. Construct the islands within the kouCldes to provide a minimtun of 4- feet in width with a minimum area of IOO-square feet and provide a minimum of a 29-foot street section for the roadway around the traffic island. 9. Any proposed lanclscape islands/medians within the public right-of-way indicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 10. Provide a minimum of21-feet measured from back of curb to back of curb on either side of a proposed island or median. 11. Enter into a development agreement regarding the location, costs and terms associated with the "temporary stub street". 12. Other than the access that has been approved with this application, direct . lot access to Linder Road and McMillan Road is prohibited. 13. Comply with all Standard Conditions of Approval. Standard Conditions of A1Jllroval I. Any existing irrigation facilities shall be relocated outside of the right-or-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page S AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING COBBLEFIEW CROSSING SUBDMSION (Al-02-024) 4. 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. . 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required permits), which incorporates any required design changes. 7. Construetion, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLThIE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the tenns 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 shal1 be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, .regu1ations, 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 subj ect property unless a waiver/variance of said requirements or other FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONJNG COBBLEFIELD CROSSING SUBDMSION (AZ-02-024) legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire..flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shal1 be placed an average of 400' aPart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for tire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. OperatiOllll.l :firehydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. It is recommended that a stub street be extended to the East between Lots 16-18 on Block 3, to provide a second point of access to the project. UFC 902.2.1 Revised plans that have been submitted indicate a connection on the East end of the project. 9. The roadways sha11 be built to Ada County Highway Standards and shall have a clear driving surface. available at all times, which is 20' wide. Lots 8. 9,10,11,12, 13,14, 15 on Block 4 shall be posted "No Parking Fire Lane". UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. 11. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent to the knuckles on Blocks 6, 7, 8 & 9 shall be posted "No Parking Fire Lane". UFC 902.2 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPliCATION FOR ANNEXA nON AND ZONING COBBLEFIELD CROSSING SUBDIVISION (Al-02'()24) D. Adopt the action of the City Council taken at their January 21,2003 meeting as follows: 1. Based upon the testimony at the City Council meeting on January 21,2003, and the widely recognized need for infrastructure improvements sooner, rather than later, especially as it respects large developments, the Owner/Developer, as a condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the developer/ACHD Group. . Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 2. For clarification, the stub streets shall remain as they are, but as the Applicant develops Cobblefield II, the Applicant shall be required to work closely with Brian English on where the stub street will be located on the English property. Additionally, Brian English and Tanya Converse are encouraged to work together to create a stub street that enables both of the properties to have access off of Linder. , 3. For clarification, so that the fencing matches the subdivision to the south, fencing along Linder Road shall be vinyl. Additionally, the remaining fencing may be cedar and shall require to be hot wired because of the horses on the adjacent property, if such is necessary to keep the horses from destroying the fence. 4. The Applicant, through public testimony during the January 21, 2003 meeting, stated that the existing irrigation rights of the adjacent property owners shall not be interfered with, and the irrigation shall remain as it presently exists. 13. It is found that the requested zoning designation, R-8, is harmonious with and in accordance with the effective Comprehensive Plan ('02) and Future Land Use Map, which designates the land to be "Low Density Residential." While the proposed 5 + dwelling units per acre density is not allowed under the "Low Density" designation, the Comprehensive Plan does allow a density upgrade to "Medium" without a formal Comp Plan amendment. 14. It is not anticipated that the applicant intends to rezone the subject property in the future. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPUCATlON FOR ANNEXATION AND ZONING COBBLEFIElD CROSSING SUBDIVISION (AZ-02.024) 15. It is found that the proposed single family residential subdivision will be allowed within the requested R-8 zone, (if accompanied with an approved Conditional Use Permit for a Planned Development). 16. It is found that the land to the south is being developed in a manner similar to the proposed subdivision. It is also found that the requested zoning designation efR.8 is harmonious with the recently approved adjacent development (Baldwin Park), also zoned R-8, and may be rezoned in the requested manner. Additionally, the annexation and preliminary plat approval of Bridgetower Crossing Subdivision immediately to the west signifies a change in the area that would support the proposed use. ACHD has reviewed the adjacent street capacity and has approved the proposed subdivision ( with conditions). 17. It is found that the proposed use (single family residential) will not change the existing or intended character of the area, which is low to medi urn density residential. 18. It is not anticipated that the proposed residen~al uses will be hazardous or disturbing to future or existing neighbors, as long as fencing anli other recommended conditions are exercised. 19. It is found that the property to be annexed will be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Review of the ACHD, Police and Fire Department's comments concerning this subdivision will provide further information regarding public services. 20. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 21. It is found that the proposed subdivision will not create excessive traffic, noise or FINDINGS OF FACT AND CONCWSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDNISION (AZ-02-024) other nuisances that would be detrimental to the general welfare of the surrounding area. The fact is also that traffic and noise will increase with the approval of this subdivision; however staff does not feel that the amount generated will be detrimental to the public welfare of the city. 22. It is found that the subdivision's vehicular approaches off of N. Linder Road will create new interference with the existing traffic on aforementioned roads, however staff does not believe that the subdivision entrances will cause significant interference on the surrounding public streets. Review ACHD comments concerning vehicular approaches and traffic generation. 23. It is found that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 24. It is found that the annexation of this property would be in the best interest of the City. 25. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 26. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which 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 FiNDiNGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTiNG APPLICATION FOR ANNEXATION ANDZONlNG COBBLEFIELD CROSSING SUBDiVISION (AZ-02-024) vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the imPlICt of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code 9 11-16 provides the City may annex real property that is within the Meridian Urban Service Plarming Area as set forth in the City's Comprehensive Plan. 2. . The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals I through] 0, inclusive. 5. . The zoning of Medium Density Residential (R.8) is defmed in the Zoning Ordinance at 9 11-7-2 D as follows: (RoB) Medinm Densitv Residential District: The purpose ofthe 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 FINDINGS OF FACT AND CONCWSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPUCATlON FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION (AZ-02.o24) 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 tow-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho 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; which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian, 8. Pursuarit to Section 11-16-4 A oftbe Zoning and Development Ordinance the owner andlordeveloper shall enter into a DeveloprnentAgreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 15.4 acres to Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 15.4 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shaH conform FINDINGS OF FACT AND CONCLUS10NS OF LAW. Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFlEW CROSSING SUBDMSION (AZ-02-024) to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. . Developer shall be required to met the conditions set forth and in the 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 Recommendations of the Planning and Zoning and Engineering staff as follows: Annexation & Zoning: Comments I. Remove any existing domestic wens and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available frOI1l the City of Meridian. Wells niay be used for non.domestic purposes such as landscape inigation. 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 special conditions placed upon the Preliminary Plat application, including the maximum allowable density. B. Adopt the Recommendations of ACHD as follows: Site Soecific Conditions of ADDroval I. Dedicate 48.feet of right-of.way from the centerline of Linder Road and McMillan Road abutting the parcel by means of a warranty deed. The right-of- way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or 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 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 the ACHD Ordinance in effect at that time (curreotly Ordinance #195). OR FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDMSrON (AZ-02-024) Dedicate 38-feet of right-of-way from the centerline of Linder Road and McMillan Road abutting the parcel by means of a warranty deed. The right-of- way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or 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 OWIler 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 the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct a S-foot concrete sidewalk located 2-feet within the right-of- way (if the dedicated right-of-way is 48-feet from centerline) or if the sidewalk is outside of the right-of-way, place the sidewalk within an easement. 3. Construct the main entrance, Cobbleiield Drive, to intersect Linder Road approximately 140-feet north of the south property line, as proposed. 4. Construct all of the internal roadways as 36-foot street section with curb, gutter and S-foot concrete sidewalk within 50-feet of right-of-way, as proposed. 5. Construct a stub street to extend to the south property line approximately 1,OOO-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD Wil.L BE EXTENDED IN THE FUTURE". 6. Construct a stub street to extend to the north property line approximately 1,340-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WlLL BE EXTENDED IN THE FUTURE". 7. Dedicate a "temporary stub street" to the District in the form of an easement. The "temporary stub street" will be a 50-foot easement located within the 50-foot flag approximately 76o-feet north of the south property line and will extend from the east property line to the west property line. This easement may become a right-of-way in the future (at the sole discretion oflhe District) at no cost to the District and the costs associated with the construction of the street will be paid by the owner/developer and placed within a Public Right's-of-Way Road Trust deposit. If the 50-foot easement is not utilized to construct a stub street within five years FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONlNG COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024) from the date of the signed fmal plat, the easement and the road trust deposit will expire and revert back to the Owner/developer. 8. Construct two knuckles with islands within the subdivision, as proposed. Construct the islands within the knuckles to provide a minimum of 4-feet in width with a minimum area of 100-square feet and provide a minimum of a 29-foot street section for the roadway around the traffic island. 9. Any proposed landscape islands/medians within the public right-of-way indicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the fmal plat. 10. . Provide a minimum of21-feet measUred from back of curb to back of curb on either side of a proposed island or median. 11. Enter into a development agreement regarding the location, costs and terms associated with the ''temporary stub street". 12. Other than the access that bas been approved with this application, direct lot access to Linder Road and McMillan Road is prohibited. 13. Comply with all Standard Conditions of Approval. Standard Conditions of AUDroval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. 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_ 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page IS AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024) 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required permits), which incorporates any . required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant sball 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. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. . The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with 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 reliefis granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire.flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A FINDlNGS OF FACT AND CONCLUSIONS OF LAW. Page 16 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING COBBLEFIEW CROSSlNG SUBDMSION (AZ-02-024) 2. Acceptance of the water supply for tire protection will be by the Meridian Water Department 3. Final Approval of the frre hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radiusof28' inside and 4.8' outside. 6. Insure that all yet undeveloped patcels are maintained free of combustible vegetation per section 1103.2.4 of tire Unifonn Fire Code. 7. Operational fire hydrants and temporary or pel1llallent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. It is recommended that a stub street be extended to the East between Lots 16-18 on Block 3, to provide a second point of access to the project UFC 902.2.1 Revised plans that have been submitted indicate a connection on the East end of the project. 9. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wim:. Lots 8, 9,10,11,12,13,14, 15 on Block 4 shall be posted "No Parking Fire Lane". UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. 11. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent to the knuckles on Blocks 6,7,8 & 9 shall be posted "No Parking Fire Lane". UFC 902.2 D. Adopt the action of the City Council taken at their January 21,2003 meeting as follows: 1. Based upon the testimony at the City Council meeting on January 21, 2003, and the widely recognized need for infrastructure improvements sooner, rather than later, especially as it respects large developments, the OwnerlDeveloper, as a condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become Ii party to any eventual agreements worked out by the developerl ACHD Group. FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 17 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION (AZ-02-024) Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure agreements negotiated with AClID and shall faithfully perform the terms of such agreement or agreements. 2. For clarification, the stub streets shall remain as they are, but as the Applicant develops Cobblefield n, the Applicant shall be required to work with Brian English on where the stub street will be located on the English property. Additionally, Brian English and Tanya Converse are encouraged to work to gether to create a stub street that enables both of the properties to have access off of Linder. 3. For clarification, so that the fencing matches the subdivision to the south, fencing along Linder Road shall be vinyl. Additionally, the remaining fencing may be cedar and shall require to be hot wired because of the horses on the adjacent property, if such is necessary to keep the horses from destroying the fence. 4. The Applicant, through public testimony during the January 21,2003 meeting, stated that the existing irrigation rights of the adj aeent property owners shall not be interfered with, and the irrigation shall reinain as it presently exists. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the 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 io 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 io Meridian City Code ~ 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body ofthe City of Meridian. Pursuant to Idaho Code ~ 67-6521 an affected person is a person who has an interest in real property FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING COBBLEFIELD CROSSING SUBDIVISION (AZ-QZ-oZ4) which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the U #--- day of re~ ,2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED~t COUNClLWOMAN TAMMY deWEERD VOTED~ VOTED ..lfA- COUNClL WOMAN CHERIE Mc CANDLESS COUNClLMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 2.-I}..-o3 MOTION: APPROVED:~APPROVED: VOTED - Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attomey. Bydf~~&'-,9- City Clerk Dated: 2-12- -03 ~ 7. ~;o ~ %. ,,"'- o~ '\ '1'0 'Y~t 1~ . ~ ~ .,~ *1 ~ ...~' ""IIL Cbu-N"T"i. ""... Z.\Wc:dtlMlMeridi..\Merldion15360M\Cd>blelield Crossing Sub AZ-OU24 PP-02-022 cup~.m~I~\'W1i,",'" FINDINGS OF FACT ANTI CONCLUSIONS OF LAW - Page 19 AND DECrSrON AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG COBBLEFlELD CROSSING SUBDMSION (AZ-OZ-024)