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HomeMy WebLinkAboutTuscany Village AZ DAADA COUNTY RECORDER J. DAVID NAUARRO 46 BOISE IDAH010124103 01:40 PM DEPUTY Bonnie Oberbillig RECORDED-flEQUEST OF III IIIIIIIIIIIIIII IIIIIIIIIIIII III III Meridian City ia3181093 AMOUNT .00 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Tuscany Development Corporation, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ~O~~' daY of ~r.~.vt> , 2003, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and TUSCANY DEVELOPMENT, INC., whose address is PO Box 344, Meridian, Idaho 83680, hereinafter called "OWNER/DEVELOPER". 1, RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" 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 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, LC. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner/Developer" have submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ-03-O14) PAGE 1 OF 27 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 2 3^-~ day of ~Z,07~Lh~~ ~~^ , 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 "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER/ DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/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 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, 2003, 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: DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 2 OF 27 2. INCORPORATION OF RECITALS: That the above recitals aze contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER/DEVELOPER": means and refers to Tuscany Development, Inc., whose address is PO Box 344, Meridian, Idaho 83680, the parties developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-8, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY TIIIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 D which are herein specified as follows: Construction and development of a 136 lot residential subdivision with 1 D other lots on 33.26 acres, in a proposed R-8 zone. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 3 OF 27 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has 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 "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. On Page 2 of staff report allow applicant a 12' setback for the living area and 20' setback for the garage. 2. On Page 6 of the staff report, delete Items 1 and 2 from annexation and zoning conditions of approval. B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANEXATION AND ZONING CONDTIONS OF APPROVAL 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 required; the following shall be addressed in the Development Agreement: pathway standards and fencing requirements for the pathway and micropaths. 3. Retain alignment with a notice that applicant and neighbors will hold hearing to discuss and present possible options. C. Adopt the Recommendations of the ACHD as follows: DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 4 OF 27 Site Specific Conditions of Approval: This section of Victory Road is not listed as a proposed project in the District's currently adopted Five Year Work Program, but is in the currently adopted 20- year Capital Improvements Program. However, the, applicant may receive reimbursement for dedicated right-of--way from available collected impact fees, only if the roadway is listed in the current CIP at the time of plan plat approval. The ACHD Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase ofright-of--way dedicated by the applicant, with the applicant constructing a sidewallc as described below. However, if funds cannot be secured, the applicant shall do one of the following: i. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additional 10-feet ofright-of--way along Victory Road (35-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the right-of--way. The applicant should also be required to obtain a license agreement for any landscaping located in the Victory Road right-of- way. ii. Do not dedicate additional right-of--way, but construct a minimum 5- foot wide concrete sidewalk along Victory Road in its ultimate location. The sidewalk should be located no closer than 28-feet from the centerline of the right-of--way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of--way. iii. Do not dedicate additional right-of--way, but construct a minimum 5- foot wide concrete sidewalk along Victory Road, located at the back edge of the existing right-of--way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. This section of Locust Grove Road is not listed in the adopted Capital Improvements Plan; therefore, impact fees cannot be used to purchase the right- DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 5 OF 27 of-way abutting the site. Right-of--way dedication is not required with this application. If the applicant chooses to dedicate the right-of--way, ACHD will not provide compensation. The applicant shall do one of the following: i. Dedicate by donation an additional 10-feet ofright-of--way along Locust Grove Road (35-feet total from centerline), and construct a minimum 5- foot wide concrete sidewalk along Locust Grove Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the right-of--way. The applicant should also be required to obtain a license agreement for any landscaping located in the Locust Grove Road right-of--way. ii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road in its ultimate location. The sidewalk should be located no closer than 28-feet from the centerline of the right-of--way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of--way. iii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of--way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. Construct a separate westbound left-turn lane on Victory Road at Ascaino Avenue. The applicant may choose to install the auxiliary tum lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessaryright-of--way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane and taper with District staff. 4. Construct Ascaino Avenue to intersect Victory Road approximately 800-feet west of Locust Grove Road and in alignment with the existing driveway on the north side of Victory Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet of right-of--way with curb, gutter and concrete sidewalks. Ascaino Avenue shall be constructed with 21-foot street sections on either side of the proposed center median. DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 6 OF 27 5. Construct Cecina Street to intersect Locust Grove Road approximately 1,175-feet south of Victory Road and in alignment with the existing driveway on the south side of Locust Grove Road, as proposed. The street shall be constructed with a 36- foot street section within 50-feet ofright-of--way with curb, gutter and concrete sidewalks. Cecina Street shall be constructed with 21-foot street sections on either side of the proposed center median. 6. Unless otherwise approved by District staff, the applicant shall construct all of the internal roadways; Italy Street, Siena Street, Cecina Street, Arezzo Avenue, Murlo Avenue, Sarteano Avenue and Pienza Street as 36-foot street sections with curb, gutter, and 4-foot wide detached concrete sidewalks (sepazated from the curb a minimum of 5-feet), within 50-feet ofright-of--way as proposed. The applicant shall provide the District with an easement for the portions of the sidewalks that are not located within the right-of--way. 7. Construct Italy Street to the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. Construct Arezzo Avenue to the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 9. Construct a stub street to Parcel # 51130120700 to the west. Said stub street shall either be in alignment with Pienza Street or offset from Pienza Street a minimum of 125-feet (measured centerline to centerline). Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED 1N THE FUTURE". Coordinate the sign plan for the stub street with District staff. 10. Any landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Other than the access points specifically approved with this application, direct lot or pazcel access to Victory Road and Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat(s). 12. Comply with all Standard Conditions of Approval. DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 7 OF 27 D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require afire-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. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius for all internal roads. 6. The roadways shall be built to Ada County Highway Standards with a minimum street width of 36'. UFC 902.2.1 7. 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. 8. During the phased development of the project, two points of access will have to be provided to all points of the project serving more than thirty homes. E. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 1. The District requires a Land Use Change Application to be filed for review prior to final platting. All laterals and waste ways must be protected. The District's Ten Mile Drain courses along the eastern boundary with a recorded easement of one hundred feet, fifty each side. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. F. Adopt the Recommendations of the Central District Health Department as follows: DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 8 OF 27 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the action of the City Council taken at their September 9, 2003 meeting as follows: The developer shall provide a sewer stub from Tuscany Lakes Subdivision to the property owned by Ms. Sue Howard, 7885 South Locust Grove Road, Meridian, Idaho. PRELIMINARY PLAT: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Proposed front yard setbacks on Page 2 should be 12' for living areas and 20' for garages. 2. Page 8, paragraph 4, the third sentence shall read: "Fencing adjacent to the proposed park shall be non-sight obscuring above four feet in height." The remainder of the sentence shall remain unchanged. 3. Page 8, paragraph 5, modify the note on the plat restricting fencing adjacent to pathways to include the words, "and adjoining Ten Mile Creek to no greater than four feet." 4. Page 9, add a paragraph 10 stating: "A permanent pedestrian easement in favor DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 9 OF 27 of the City of Meridian shall be recorded on the property adjacent to Ten Mile Creek. Such easement shall be a minimum of 20 feet in width and shall be constructed with a ten-foot hazd surface pathway prior to the issuance of the first certificate of occupancy for any building within the subdivision. The City of Meridian shall be responsible for the maintenance of the pathway within the easement. The homeowners association shall be responsible for landscaping maintenance within the easement. The instrument number of the recorded easement shall be noted on the Final Plat of the subdivision. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Water service to this site shall be via main line extensions from the existing mains adjacent to the property. Applicant will be responsible for constructing the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2. Sanitary Sewei• service to this site shall be via main line extensions from the existing Trunk line installed adjacent to the property as part of the Tuscany Lakes project. Applicant will be responsible for constructing the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. The applicant has proposed an alternate route for the Ten Mile Trunk through the proposed project instead of following the City of Meridian's Master Plan, and previously approved routing that was approved with Tuscany Lakes, which follows the master plan route down Victory Road and Locust Grove Road. (See H.1. here in below pursuant to action of the City Council taken at their September 9, 2003 meeting on the sanitary sewer service main line extension.) 3. The applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian In•igation district. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common azeas prior to signature on the fmal plat by the Meridian City Engineer. 4. A detailed fencing plan shall be submitted upon application of the final plat. A solid fence shall be required around the perimeter of the subdivision unless the DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 10 OF 27 City agrees in writing that such a fence is not required. Fencing adjacent to the proposed park shall be 4' in height (to increase the visibility of the park) and depicted in the fencing plan. A note restricting the fencing adjacent to the park shall be added to the Final Plat. 5. Submit a detailed landscaping depicting the playground equipment to be added to the proposed neighborhood park and a detailed plan for the proposed storm drain ponds. 6. Add or revise the following preliminary plat notes: •Add a note to the face of the plat that restricts fencing adjacent to the pathways within the subdivision to being no greater than four feet in height if solid sight- obscuring material is used for fence construction. Ten (10) copies of the revised plat was submitted to the City Clerk's Office for this plat. 8. Add a stub street to provide access to the Locust Grove Grange property per the recommendation of ACHD. 9. The applicant has not indicated whether the project is to be phased. If this project is to be phased, revise the plat to indicate phase lines. 10. Submit all updated groundwater/soils monitoring data to the Public Works Department for review. The original study report was prepazed by the subdivision engineer, instead of a soils scientist as required by the City of Meridian. The applicant has indicated that Associated Earth Sciences has indicated that shallow groundwater may be a factor, particularly in the northwest comer of the development. Any drainage azeas (detention/retentionhasins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and chazacteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above groundwater. DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 11 OF 27 C. Adopt the Recommendations of ACHD as follows: A. Site Specific Conditions of Approval This section of Victory Road is not listed as a proposed project in the District's currently adopted Five Year Work Program, but is in the currently adopted 20-year Capital Improvements Program. However, the applicant may receive reimbursement for dedicatedright-of--way from available collected impact fees, only if the roadway is listed in the current CIP at the time of plan/plat approval. The ACHD Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase ofright-of--way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: i. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additional 10-feet ofright-of--way along Victory Road (35-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the right-of--way. The applicant should also be required to obtain a license agreement for any landscaping located in the Victory Road right-of--way. ii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location. The sidewalk should be located no closer than 28- feet from the centerline of the right-of--way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of--way. iii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located at the back edge of the existing right-of•way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. DEVELOPMENT AGREEMENT {AZ-03-014) PAGE 12 OF 27 2. This section of Locust Grove Road is not listed in the adopted Capital Improvements Plan; therefore, impact fees cannot be used to purchase the right- of-way abutting the site. Right-of--way dedication is not required with this application. If the applicant chooses to dedicate the right-of--way, ACHD will not provide compensation. The applicant shall do one of the following: i. Dedicate by donation an additional 10-feet of right-of--way along Locust Grove Road (35-feet total from centerline), and construct a minimum 5- foot wide concrete sidewalk along Locust Grove Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the right-of--way. The applicant should also be required to obtain a license agreement for any landscaping located in the Locust Grove Road right-of--way. ii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road in its ultimate location. The sidewalk should be located no closer than 28-feet from the centerline of the right-of--way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of--way. iii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of--way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Construct a separate westbound left-turn lane on Victory Road at Ascaino Avenue. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of--way heeded to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane and taper with District staff. 4. Construct Ascaino Avenue to intersect Victory Road approximately 800-feet west of Locust Grove Road and in alignment with the existing driveway on the north side of Victory Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright-of--way with curb, gutter and concrete DEVELOPMENT AGREEMENT (AZr03-014) PAGE 13 OF 27 sidewalks. Ascaino Avenue shall be constructed with 21-foot street sections on either side of the proposed center median. Construct Cecina Street to intersect Locust Grove Road approximately 1,175-feet south of Victory Road and in alignment with the existing driveway on the south side of Locust Grove Road, as proposed. The street shall be constructed with a 36- foot street section within 50-feet ofright-of--way with curb, gutter and concrete sidewalks. Cecina Street shall be constructed with 21-foot street sections on either side of the proposed center median. 6. Unless otherwise approved by District staff, the applicant shall construct all of the internal roadways; Italy Street, Siena Street, Cecina Street, Arezzo Avenue, Murlo Avenue, Sarteano Avenue and Pienza Street as 36-foot street sections with curb, gutter, and 4-foot wide detached concrete sidewalks (separated from the curb a minimum of 5-feet), within 50-feet ofright-of--way as proposed. The applicant shall provide the District with an easement for the portions of the sidewalks that aze not located within the right-of--way. Construct Italy Street to the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 8. Construct Arezzo Avenue to the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 9. Construct a stub street to Parcel # S1130120700 to the west. Said stub street shall either be in alignment with Pienza Street or offset from Pienza Street a minimum of 125-feet (measured centerline to centerline). Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 10. Any landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Other than the access points specifically approved with this application, direct lot or parcel access to Victory Road and Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat(s). DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 14 OF 27 12. Comply with all Standard Conditions of Approval. D. Adopt the Meridian Fire Department Recommendations asfollows: One and two family dwellings will require afire-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. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fue hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius for all internal roads. 6. The roadways shall be built to Ada County Highway Standards with a minimum street width of 36'. UFC 902.2.1 7. 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. 8. During the phased development of the project, two points of access will have to be provided to all points of the project serving more than thirty homes. E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: The District requires a Land Use Change Application to be filed for review prior to final platting. All laterals and waste ways must be protected. The District's Ten Mile Drain courses along the eastern boundary with a recorded easement of one hundred feet, fifty each side. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. F. Adopt the Recommendations of the Central District Health Department as DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 15 OF 27 follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfaze, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the Meridian Parks and Recreation Departments Recommendations as follows: Build path to recommended pathway standards. H. Adopt the action of the City Council taken at their September 9, 2003 meeting as follows: For clarification: The applicant is allowed a revision to the Sewer Master Plan alignment for the 27" sewer downstream of the Tuscany property. The revision is a minor realignment to the overall Master Plan that maintains the intent to provide major sewer "backbone" infrastructure from the northwest to the southeast, as the City grows to the south. Future developments in the area will connect to the trunk line accessible in Victory Road and Locust Grove Road with smaller sewer mains. The applicant has constructed the 27" sewer trunk within 1,200 feet of that intersection. The applicant shall be allowed to extend the 27" sewer across a 33-acre parcel, and therefore the extension does not have to be extended to the corner of Locust Grove and Victory south of Locust Grove. Additionally, the applicant has agreed to cost share the expense of taking the sewer line from the edge of their property to the corner of Locust Grove and Victory Road and shall enter into a private cost sharing agreement with Quasar Development to build a 10" sewer line DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 16 OF 27 from the 27"sewer line located interior to Tuscany project to the intersection of Locust Grove and Victory Road. If Quasaz Development does not desire to enter into a private cost sharing agreement, then the applicant shall satisfy the standardfull-frontage condition policy to extend the 10" sewer line beneath the Ten Mile Drain at their east property boundary at applicant's sole cost. Quasar or any other development could subsequently connect to the sewer line within the right-of--way of Victory Road. 2. The City Council also acknowledges the applicants response letter dated August 7, 2003, and which is on file in the City Clerk's oflice located at 33 E. Idaho Street. CONDITIONAL USE PERMIT: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Change proposed setbacks on page 2 of staff report to front 12 feet for living area and 20 feet for garage. 2. Change page 12, paragraph three to read: The reductions to footage and minimum lot sizes, as well as the request to exceed block length maximums, are approved with one change in that the front setbacks for gazages will be 20 feet. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. The reductions to the frontage and minimum lot sizes; as well as the request to exceed block length maximums are approved as submitted. DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 17 OF 27 C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings willrequire afire-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. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius for all internal roads. 6. The roadways shall be built to Ada County Highway Standards with a minimum street width of 36'. UFC 902.2.1 7. 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. 8. During the phased development of the project, two points of access will have to be provided to all points of the project serving more than thirty homes. D. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 18 OF 27 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. 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/Developer" or "Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodificadons thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consent upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/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. fl0. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 19 OF 27 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 "Owner/Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: °LCity" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Properly" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe 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 "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's welting 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 parry 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-03-014) PAGE 20 OF 27 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, inevocable 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/Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/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 "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: OWNER/DEVELOPER: Tuscany Development, Inc. PO Box 344 Meridian, Idaho 83680 DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 21 OF 27 City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 A parry shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner/Developer" 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/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 22 OF 27 from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/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 ~.he approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 23 OF 27 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER/DEVELOPER: BY Attest: BY: Attest: _~ CITY OF MERIDIAN B E l a,vwwu~ oLe (,~2e,rd ..,,,,~~~s4irrr,~.~~~,w~C~-l ~r~~d.~.t c?' `~onrortgr~ CITY CLERK _ BEAL = 9j. ~~ g %90,9 ~` T 1sT •, PO``\~: ~''~~ L'OUNTY • ~ ~`~`~ ''~~prrnm mn~~~~~~` DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 24 OF 27 STATE OF IDAHO ) :ss County of Ada ) Onthis 30 day of Sp.~~t,,.-be.~. ,in theyeaz 2003, before me, ~'1o.r 1 P ~ L'3p,.cz a Notary Public, personally appeared G~~a 3ah,r`so,.~ and , known or identified to me to be the '~es; ~ e n~- and of TUSCANY DEVELOPMENT,INC, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said TUSCANY DEVELOPMENT, INC. ~.~ ;* ~~:, pUBL~G ;• ~' '~~~: °ee~.T ~Mq~N~~~ i e0'tq TE OF I9P~.. STATE OF IDAHO ) :ss County of Ada ) Not~or Idah~ Residing at:`~i!(p/t„Qce ~-~~i Commission xe Aires: o O~ On this 22n`~ day of ~C ~RJl , in the year 2003, before me, a Notary Public, personally appeared~sbert a~3d William G. Berg, know or identified to me to be~t~e~iand~le~r~C, respec rve y, of the City of Meridian, who executed the instrument or~` e person ~a~xecuted the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Z:1Work\M1MeridianN! Notary Public for Idaho Residing at: Co ~~ Commission expires: - - S' ;e AZ-03-014 PP-03-015 CUP-03-0291DevelapAgr.doc DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 25 OF 27 EXHIBIT A TUSCANY VILLAGE SUBDIVISION A parcel of land being a portion of the NE'/a of the NE '/4 of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeast comer of Section 30, T.3N., R.lE., B.M., thence S 00° 14'24" W 1322.86 feet to the southeast comer of the NE '/4 of the NE'/a, the Real Point of Beginning of this description; Thence S 89°43' 12" W 1315.71 feet to the southwest corner of the NE '/< of the NE '/a; Thence N 00°03' 18" E 1322.50 feet to the northwest corner of the NE '/4 of the NE '/<; Thence N 89°42'20" E 733.09 feet along the north line of the NE '/4 of the NE'/4 to a point; Thence 5 30° 14'25" E 1157.00 feet to a point on the east line of the NE '/o of the NE'/; Thence S 00°14'24" W 320.28 feet along said east line to the Real Point of Beginning of this description. Said parcel of land contains 33.26 acres, more or less. DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 26 OF 27 EXHIBIT B Findines of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-03-014) PAGE 27 OF 27 BEFORE THE MERH)IAN CITY COUNCIL C!C 09/09/03 IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 33.26 ACRES FOR PROPOSED TUSCANY VILLAGE, LOCATED AT THE SOUTHWEST INTERSECTION OF VICTORY ROAD AND SOUTH LOCUST GROVE ROAD, MERIDIAN, IDAHO TUSCANY DEVELOPMENT, APPLICANT Case No. AZ-03-014 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on September 9, 2003, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Kent Brown, Matt Schultz, Cathy Jerrems, Sue Howard, Russ Liddell, and Brent Clayborne, 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 1 OF 19 ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 33.26 acres in size and is located at the southwest intersection of Victory Road and South Locust Grove Road, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The parcel of land is contiguous to the existing city limits of the City of Meridian. 5. The owner of record of the subject property is Tuscany Development Corporation. The applicant is Tuscany Development Corporation. 6. The property is presently zoned RUT (Ada County) and consists of vacant land. The Applicant requests the property be zoned as R-8 (Medium Density Residential). 8. The subject property is bordered to the north by rural residential property, to the south by rural residential property, to the east by rural residential property, and to the west by the Locust Grove Grange and agricultural property. 9. The Applicant proposes to develop the subject property in the following manner: as a 1361ot residential subdivision with 10 other lots on 33.26 acres in a proposed R-8 zone. 10. 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 Medium Density Residential District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 2 OF 19 11. There are no significant or scenic features of major importance that affect the consideration of this application. 12. The City Council recognizes the concerns of Quasar Development, expressed in their letter dated August 4, 2003. 13. Giving 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 Special Recommendations of the Planning and Zoning Commission as follows: 1. On Page 2 of staff report allow applicant a 12' setback for the living area and 20' setback for the garage. 2. On Page 6 of the staff report, delete Items 1 and 2 from annexation and zoning conditions of approval. B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANEXATION AND ZONING CONDTIONS OF APPROVAL 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. A Development Agreement shall be required; the following shall be addressed in the Development Agreement: pathway standards and fencing requirements for the pathway and micropaths. 3. Retain alignment with a notice that applicant and neighbors will hold hearing to discuss and present possible options. C. Adopt the Recommendations of the ACRD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 3 OF 19 Site Specific Conditions of Approval: This section of Victory Road is not listed as a proposed project in the District's currently adopted Five Year Work Program, but is in the currently adopted 20-year Capital Improvements Program. However, the applicant may receive reimbursement for dedicated right-of--way from available collected impact fees, only ifthe roadway is listed in the current CIP at the time of plan/plat approval. The ACHD Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase ofright-of--way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: i. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additional 10-feet ofright-of--way along Victory Road (35-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the right-of--way. The applicant should also be required to obtain a license agreement for any landscaping located in the Victory Road right-of--way. ii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location. The sidewalk should be located no closer than 28-feet from the centerline of the right-of- way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of--way. iii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located at the back edge of the existing right-of--way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. This section of Locust Grove Road is not listed in the adopted Capital Improvements Plan; therefore, impact fees cannot be used to purchase the right-of--way abutting the site. Right-of--way dedication is not required with this application. If the applicant chooses to dedicate the right-of--way, ACHD will not provide compensation. The applicant shall do one of the following: i. Dedicate by donation an additional 10-feet ofright-of--way along Locust Grove Road (35-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 4 OF 19 with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the right-of--way. The applicant should also be required to obtain a license agreement for any landscaping located in the Locust Grove Road right-of--way. ii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road in its ultimate location. The sidewalk should be located no closer than 28-feet from the centerline of the right-of--way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of--way. iii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of--way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Construct a separate westbound left-turn lane on Victory Road at Ascaino Avenue. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of--way needed to construct the subject auxiliary lane shall be dedicated with the abutting fmal plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane and taper with District staff. 4. Construct Ascaino Avenue to intersect Victory Road approximately 800-feet west of Locust Grove Road and in alignment with the existing driveway on the north side of Victory Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright-of--way with curb, gutter and concrete sidewalks. Ascaino Avenue shall be constructed with 21-foot street sections on either side of the proposed center median. Construct Cecina Street to intersect Locust Grove Road approximately 1,175-feet south of Victory Road and in alignment with the existing driveway on the south side of Locust Grove Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet of right-of--way with curb, gutter and concrete sidewalks. Cecina Street shall be constructed with 21-foot street sections on either side of the proposed center median. 6. Unless otherwise approved by District staff, the applicant shall construct all of the internal roadways; Italy Street, Siena Street, Cecina Street, Arezzo Avenue, Murlo Avenue, Sarteano Avenue and Pienza Street as 36-foot street sections with curb, gutter, and 4-foot wide detached concrete sidewalks (separated from the curb a minimum of 5- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 5 OF 19 feet), within 50-feet ofright-of--way as proposed. The applicant shall provide the District with an easement for the portions of the sidewalks that aze not located within the right-of- way. Construct Italy Street to the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 8. Construct Arezzo Avenue to the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED 1N THE FUTURE". Coordinate the sign plan for the stub street with District staff. 9. Construct a stub street to Parcel # S 1130120700 to the west. Said stub street shall either be in alignment with Pienza Street or offset from Pienza Street a minimum of 125-feet (measured centerline to centerline). Install a sign at the temrinus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 10. Any landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Other than the access points specifically approved with this application, direct lot or parcel access to Victory Road and Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat(s). 12. Comply with all Standard Conditions of Approval. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require afire-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. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius for all internal roads. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 6 OF 19 6. The roadways shall be built to Ada County Highway Standards with a minimum street width of 36'. UFC 902.2.1 7. 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. 8. During the phased development of the proj ect, two points of access will have to be provided to all points of the project serving more than thirty homes. E. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: The District requires a Land Use Change Application to be filed for review prior to fmal platting. All laterals and waste ways must be protected. The District's Ten Mile Drain courses along the eastern boundary with a recorded easement of one hundred feet, fifty each side. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the action of the City Council taken at their September 9, 2003 meeting as follows: The developer shall provide a sewer stub from Tuscany Lakes Subdivision to the property owned by Ms. Sue Howard, 7885 South Locust Grove Road, Meridian, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 7 OF 19 Idhao. 14. It is found that the requested zoning designation, R-8, is hannonious with and in accordance with the effective Comprehensive Plan ('02) and the Generalized Land Use Map, which designates the land to be "Medium Density Residential". The Comprehensive Plan also indicates that the subject property should have amulti-use pathway running north-south through the subdivision along the Ten Mile Creek. Page 54 of the Comprehensive Plan addresses the issue of pathways and states that they should be in compliance with the Parks and Recreation Comprehensive Plan (not yet adopted) and that the pathway should be located "off street". The applicant has indicated that they will construct a 10' asphalt multi-use pathway along the Ten Mile Creek. 15. The area has been designated as a Medium Density Residential area in Meridian's Comprehensive Plan and is located on Victory Road at the southwest intersection of Locust Grove Road and Victory Road. The applicant has not indicated that they intend to rezone the subject property in the future. 16. It is found that the proposed single family residential subdivision would be allowed within the requested R-8 zone, if accompanied with a Conditional Use Permit for a Planned Development. 17. It is found that the land to the southeast of the subject property has been developed as residential subdivisions similar to the proposed subdivision. It is found that the requested zoning designation of R-8 is harmonious with the recently approved adjacent developments and it would be appropriate to rezone the property as requested. 18. It is found that the proposed use (single family residential) will be harmonious with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 8 OF 19 the existing character of the area. 19. It is not anticipated that the proposed residential uses will be hazazdous or disturbing to future or existing neighbors. 20. It is found that the property to be annexed will or can 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. ACRD and Meridian's Fire Department have provided comments indicating standazd conditions of approval. 21. It is found that the proposed subdivision will not result in excessive additional requirements at public cost for public services and facilities. Infrastructure to service the proposed planned development is in close proximity to the subject property and the subject property is accessible off of an existing road network. Subsequently, the annexation and zoning will not be detrimental to the community's economic welfare. 22. The fact is recognized that traffic and noise will increase significantly upon build-out of the proposed subdivision; however, it is not felt that the amount generated will be detrimental to the public welfaze of the city. 23. It is found that the subdivision's vehicular approaches off Victory Road will not cause significant interference on the surrounding public streets. Review of ACHD comments will show concerns of vehiculaz approaches and traffic generation. 24. The proposed subdivision will not result in the loss or damage of a natural or scenic feature of major importance. The site does not contain any natural or scenic features of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 9 OF 19 major importance. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 25. It is found that services are available to the site and that the inclusion of a pathway that will become a part of Meridian's pathway system makes the annexation of this property in the best interest of the City. 26. 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. 13, 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. 25. It is also found that the development considerations as referenced in Finding No. 13 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 vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. CONCLUSIONS OF LAW 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 boundazies and that said FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 10 OF 19 property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 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 zoning of (R-8) Medium Density Residential is defined in the Zoning Ordinance at § 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family attached dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of lazge homes into two-family dwellings in well- establishedneighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 11 OF 19 Subdivision and Development Ordinance of the City of Meridian. Pursuant to Section 11-16-4 A ofthe Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER 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 33.26 acres to Medium Density Residential (R-8), is granted subject to the terms and conditions of this Order hereinafrer stated. 2. The application is for annexation and zoning of 33.26 acres. The legal description shall be prepazed by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 12 OF 19 1. On Page 2 of staff report allow applicant a 12' setback for the living area and 20' setback for the gazage. 2. On Page 6 of the staff report, delete Items 1 and 2 from annexation and zoning conditions of approval. B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: ANEXATION AND ZONING CONDTIONS OF APPROVAL 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. 2. A Development Agreement shall be required; the following shall be addressed in the Development Agreement: pathway standards and fencing requirements for the pathway and micropaths. The applicant and neighbors have held discussions and have also presented possible options on the sewer aligmnent issue. C. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval: This section of Victory Road is not listed as a proposed project in the District's currently adopted Five Year Work Program, but is in the currently adopted 20-year Capital Improvements Program. However, the applicant may receive reimbursement for dedicated right-of--way from available collected impact fees, only if the roadway is listed in the current CIP at the time of plan/plat approval. The ACHD Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase ofright-of--way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additional 10-feet ofright-of--way along Victory Road (35-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 13 OF 19 right-of--way. The applicant should also be required to obtain a license agreement for any landscaping located in the Victory Road right-of--way. ii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road in its ultimate location. The sidewalk should be located no closer than 28-feet from the centerline of the right-of- way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of--way. iii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewallc along Victory Road, located at the back edge of the existing right-of--way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. This section of Locust Grove Road is not listed in the adopted Capital Improvements Plan; therefore, impact fees cannot be used to purchase the right-of--way abutting the site. Right-of--way dedication is not required with this application. If the applicant chooses to dedicate the right-of--way, ACHD will not provide compensation. The applicant shall do one of the following: i. Dedicate by donation an additional 10-feet ofright-of--way along Locust Grove Road (35-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road in its ultimate location (minimum 28-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the right-of--way. The applicant should also be required to obtain a license agreement for any landscaping located in the Locust Grove Road right-of--way. ii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewallc along Locust Grove Road in its ultimate location. The sidewalk should be located no closer than 28-feet from the centerline of the right-of--way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of--way. iii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of--way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 3. Construct a sepazate westbound left-turn lane on Victory Road at Ascaino Avenue. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 14 OF 19 chosen, the necessary right-of--way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane and taper with District staff. 4. Construct Ascaino Avenue to intersect Victory Road approximately 800-feet west of Locust Grove Road and in alignment with the existing driveway on the north side of Victory Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright-of--way with curb, gutter and concrete sidewalks. Ascaino Avenue shall be constructed with 21-foot street sections on either side of the proposed center median. Construct Cecina Street to intersect Locust Grove Road approximately 1,175-feet south of Victory Road and in alignment with the existing driveway on the south side of Locust Grove Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright-of--way with curb, gutter and concrete sidewalks. Cecina Street shall be constmcted with 21-foot street sections on either side of the proposed center median. 6. Unless otherwise approved by District staff, the applicant shall construct all of the internal roadways; Italy Street, Siena Street, Cecina Street, Arezzo Avenue, Murlo Avenue, Sarteano Avenue and Pienza Street as 36-foot street sections with curb, gutter, and 4-foot wide detached concrete sidewalks (sepazated from the curb a minimum of 5- feet), within 50-feet ofright-of--way as proposed. The applicant shall provide the District with an easement for the portions of the sidewalks that are not located within the right-of- way. Construct Italy Street to the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 8. Construct Arezzo Avenue to the south property line, as proposed`. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff: Construct a stub street to Pazcel # S 1130120700 to the west. Said stub street shall either be in alignment with Pienza Street or offset from Pienza Street a minimum of 125-feet (measured centerline to centerline). Install a sign at the terminus of the .roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 10. Any landscape islands/medians within the public right-of--way dedicated by this plat shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 15 OF 19 be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Other than the access points specifically approved with this application, direct lot or pazcel access to Victory Road and Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat(s). 12. Comply with all Standazd Conditions of Approval. D. Adopt the Recommendations of the Meridian Fire Department as follows: One and two family dwellings will require afire-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. Operational fire hydrants and temporary or permanent street signs aze required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius for all internal roads. 6. The roadways shall be built to Ada County Highway Standazds with a minimum street width of 36'. UFC 902.2.1 The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a taro azound. 8. During the phased development of the project, two points of access will have to be provided to all points of the prof ect serving more than thirty homes. E. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: The District requires a Land Use Change Application to be filed for review prior to final platting. All laterals and waste ways must be protected. The District's Ten Mile Drain courses along the eastern boundary with a recorded easement of one hundred feet, fifty each side. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 16 OF 19 developer must comply with Idaho Code 31-3805. F. Adopt the Recommendations of the'Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfaze, Division of Environrnental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the action of the City Council taken at their September 9, 2003 meeting as follows: The developer shall provide a sewer stub from Tuscany Lakes Subdivision to the property owned by Ms. Sue Howard, 7885 South Locust Grove Road, Meridian, Idaho. 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 ofthe Ordinance provided for in section 4 ofthis Order the engirieering staffofthe Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 17 OF 19 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more thantwenty-eight (28) days after the fmal decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~3~-~ day of ~/`/~I~irr ~ , 2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED_ y COUNCILWOMAN TAMMY deWEERD VOTED~~ COUNCILWOMAN CHERIE Mc LANDLESS VOTED~~- COUNCII,MAN WILLIAM L.M. NARY VOTED-tom FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) PAGE 18 OF 19 MAYOR ROBERT D. CORRIE2(TIE BREAKER) DATED: ~~23~©J MOTION: APPROVED: Attest: DISAPPROVED: G `~GpR>'~Rq rF0 VOTED G.,kj ~„-.-~..GYJiic~rdc.. ~ William G. Berg, Jr., City Cl(~rk v = .~ ~M ~c , Copy served upon Applicant, the Planning aite)•,~e~ent, Public Works Department the CityAttomey. '"mininu~ ~ `~~1U11iiIInY/~ ` ~~.~`;~y OF MF~~~~ ,,~ C~'\~GpRppR9T~'9iL ~iG J~ / ` ~/ - O Bye/~iLGi...... Dated: ~~v~~®~ `` ~~'~j, City Clerk rG o`~ ~, c .o ,,: Z:1WorkVvllMeridiaaN4eridian 15360Iv!\Tuscany Village AZ•03-014 PP-03-0IS CUP-03-029WZFfC1&(~E~r.,U6C/(t1T`("1i"` FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TUSCANY VILLAGE - (AZ-03-014) and PAGE 19 OF 19