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HomeMy WebLinkAboutKelly Creek Sub DAADA COUNTY RECORDER J. DAVID NAVARRO 61 BOISE IOAH010l24/03 01:40 PM DEPUTY Bonnie Oberbillig Merid eo Ci1yREQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III AMOUNT .00 193181095 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Kevin Howell, Kelly and Brenda Fulfer, Jack Fulfer, and Randall and Tanya Calkins, Owners 3. Kevin Howell Construction, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of ©G'fv(9Q`' , 2003, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and KEVIN HOWELL, whose address is 4822 N. Rosepoint, Suite C, Boise, Idaho 83713, Kelly and Brenda Fulfer, 2350 W. McMillan Road, Meridian, Idaho 83642, and Jack Fulfer, whose address is 1942 W. McMillan Road, Meridian, Idaho 83642, and Randall and Tanya Calkins, whose address is 2186 W. McMillan Road, Meridian, Idaho 83642, hereinafter called "OWNERS", and KEVIN HOWELL CONSTRUCTION, whose address is 4822 N. Rosepoint, Suite C, Boise, Idaho 83713, hereinafter called "OWNER/DEVELOPER". RECITALS: 1.1 WHEREAS, "OWNERS" and "OWNER/DEVELOPER" are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A 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 "Owners" or "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 DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 1 OF 34 1.4 WHEREAS, "Owners" and "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, (L-O) Limited Office District, and (C-G) General Retail And Service Commercial District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owners" and "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 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the ~~~ day of _ J1:~A 01 ~,(S`-~ 2003, has approved certain Findings of Fact and Conclus~ ions 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 refereed to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owners" and "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNERS" and "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 1.9 WHEREAS, "City" requires the "Owners" and "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 2 OF 34 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: 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 fo]lowing words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNERS": means and refers to Kevin Howell, whose address is 4822 N. Rosepoint, Suite C, Boise, Idaho 83713, and Kelly and Brenda Fulfer, whose address is 2350 W. McMillan Road, Meridian, Idaho 83642, and Jack Fulfer, whose address is 1942 W. McMillan Road, Meridian, Idaho 83642, and Randall and Tanya Calkins, whose address is 2186 W. McMillan Road, Meridian, Idaho 83642, the parties developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Propert}~'. 3.3 "OWNER/DEVELOPER": means and refers to Kevin Howell Construction, whose address is 4822 N. Rosepoint, Suite C, Boise, DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 3 OF 34 Idaho 83713, 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 annexed and zoned R-8, L-O and C-G, attached hereto and by this reference incorporated herein as if set forth at length. 4• USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (D. G and K) which are herein specified as follows: Construction and development of a residential neighborhood planned development with use exceptions for commercial and offce use, in proposed R-8, L-O and C-G zones. 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 "Owner/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 "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: Remove any existing domestic wells and/or septic systems within this project DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 4 OF 34 from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3. This development agreement shall include all conditions of the annexation, preliminary plat, and conditional use pennit/planned development. 4. This approval shall be referenced to the Preliminary Plat provided by the applicant and stamped by the City of Meridian July 3, 2003. 5. The L-O zone and C-G zone areas show conceptual layouts only and are not being platted at this time within those zones. 6. The applicant shall provided a letter from the developer(s) of Lochsa Falls Subdivision stating that they are in agreement to shift the location of W. Apgar Creek Street as depicted on the proposed preliminary plat for Kelly Creek Subdivision. The shift would formally occur upon final plat of that portion of Lochsa Falls. If the applicant cannot obtain such a letter, the preliminary plat must be redesigned to conform to the approved stub location. 7• Water and sanitary sewer service to phase one will be readily available to the north from phase 3 of Lochsa Falls Subdivision which is currently under construction. Future phases of this development will be dependent upon a sanitary sewer extension to the west through future phases ofthe Lochsa Falls project. The applicant, at applicant's cost, may extend the sewer through McMillan Road if Lochsa Falls' sewer line is not ready. 8. Modify the plat to accommodate the future right-of--way as required by ACRD along McMillan and Linder Roads. All future right-of way shall be located on a separate common lot. Add McMillan and Linder Road names to the preliminary plat map. DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 5 OF 34 9. In accordance with Ordinance 12-13-10-8, Applicant shall construct detached sidewalks adjacent to McMillan Road and Linder Road. The minimum width of the parkway azea between the future curb and sidewalk is five (5) feet. In any parkway areas less than ten feet wide, tree plantings within the parkways will be restricted to either Class I or Class R trees. 10. Street buffers along McMillan and Linder Roads shall include 25 feet of landscaping and may be measured from the future back of curb, since detached sidewalks are required. If the right-of--way ends at the back ofcurb, the width of the landscape buffer common lot shall be at least 30 feet wide to provide a fu1125 feet of landscaping exclusive of the sidewalk width. 11. Fencing details shall be submitted with the Final Plat application for perimeter fencing. All fences shall taper down to 3 feet maximum within 20 feet ofallright-of--way. Micropath fencing shall be shown per Ordinance 12- 13-15-9. Fencing is also required by the developer along the east and west sides of the central pazk for a consistent appeazance from within the park. 12. Revise preliminary plat note 3 to include rear lot lines to the list of lines having 10-foot wide easements for public utilities, drainage, and irrigation. 13. A detailed landscaping plan and performance specifications for the common area pressurized irrigation system shall be submitted with the final plat application. 14. The phasing schedule may apply to the residential portions ofthe subdivision only. If the applicant/developer determines that the office/commercial property can or should be developed in an order that is not consistent with the phasing schedule, they may request final plat approval of said phases in a non-sequential manner without revising the preliminary plat. All development; however, must be contiguous to a previously approved phase. 15. Submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 16. Coordinate fire hydrant placement with the City of Meridian Public Works Department. DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 6 OF 34 17. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 18. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 19. Underground pressurized irrigation must be provided to all landscape areas on site. Applicant shall be required to utilize any existing surface or well water for the primary source. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Settler's Irrigation District. 20. Perimeter fencing shall be required, unless otherwise agreed upon in writing by the Planning Director. No fencing will be permitted within the required landscape buffers. The Applicant shall address the type of fencing planned at the P&Z Commission public hearing. Submit detailed fencing plans for review and approval with submittal of the Final Plat. All required fencing is to be in place prior to issuance of building permits. A letter of credit or cash will be required for these fences prior to signature on the final plat. Perimeter fencing shall be installed prior to obtaining building permits. 21. A detailed landscape plan for the common areas, including pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat applications. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat. 23. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 7 OF 34 24. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 25. Any drainage areas (detention/retentionbasfns) 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. 26. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number ofcaliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 27. Submit updated groundwater/soils monitoring data to the Public Works Department for review. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations aze set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation ofthe crawl spaces ofhomes is at least 1- foot above groundwater. 28. Applicant shall meet all of the requirements of the annexation and preliminary plat as a condition of the Conditional Use Permit. 29. Applicant shall provide a road connection via a private street from W. Apgar Creek Street to the commercial azea in the vicinity of lot 41, Block 10. N. Dove Ridge Drive shall also be a private street. Both streets shall be designed as a 29-foot street with 5-foot sidewalks on both sides, in a 42-foot right-of--way. Construction standards shall meet ACHD standazds per Ordinance 12-6-2.A.8. 30. Lots 18, 19, 20, and 21 ofBlock 10 shall be combined to become only Lot 19 ofBlock 10. 31. The modified development standards, including reduced lot size, reduced frontages, and exceeding block length requirements, are approved as depicted on the approved site plan. DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 8 OF 34 32. The following amenities are required as part of the planned development: 7.59 acres of open space, including a 3.4 acre central private park. The park shall include a tot lot, gazebo, half-court basketball, and open play area. The subdivision also includes anetwork ofmid-block pedestrian micropaths. All amenities shall be bonded for prior to signature on the final plat. The central park and related amenities shall be constructed as part ofPhase 1, as depicted on the site plan. 33. Lot 26, Block 12, shall be provided an easement to Summit Way and an easement into the L-O zone. 34. The proposed office and commercial areas within the development shall be required to apply for a detailed Conditional Use Permit for a Planned Development prior to submitting for building permits. 35. The detailed planned development approval of the office and commercial areas shall include the following as a condition of approval: Across-access and cross-parking agreement shall be recorded for the office and commercial areas prior to issuance of a Certificate or Zoning Compliance in those areas. 36. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 37. Applicant shall submit 15 copies of a revised preliminary plat/site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. B. Adopt the Recommendations of the Ada County Highway District as follows: These segments of Linder Road and McMillan Road are 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: Dedicate by donation an additional 5-feet ofright-of--way along McMillan Road (30-feet total from the current centerline) and an additional 13-feet ofright-of--way along Linder Road (38-feet total from centerline), and construct a minimum 5-foot wide concrete DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 9 OF 34 sidewalk along McMillan Road and Linder Road. The sidewalk on McMillan Road shall be located a minimum of 35-feet from the centerline of the existing roadway. The sidewallc on Linder Road should be located a minimum of 41-feet from the centerline of the right-of--way. Coordinate the location and elevation of the sidewalk with District staff. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of--way. ii. Dedicate by donation an additional 15-feet ofright-of--way along McMillan Road (40-feet total from the current centerline) and an additional 23-feet ofright-of--way along Linder Road (48-feet total from centerline), and construct a minimum 5-foot wide concrete sidewallc along McMillan Road and Linder Road, located within the new right-of--way. The sidewalk on McMillan Road should be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41-feet from the centerline of the right-of--way. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of--way. Coordinate the location and elevation of the sidewalk with District staff. iii. Do not dedicate additional right-of--way, but construct a minimum 5- foot wide concrete sidewalk along McMillan Road and Linder Road in their ultimate locations. The sidewallc on McMillan Road should be located a minimum of 35-feet from the centerline of the existing roadway. The sidewallc on Linder Road should be located a minimum of 41-feet from the centerline of the right-of--way. Provide the District with an easement for any portion of the sidewallc(s) that are not located within the right-of--way. iv. Do not dedicate additional right-of--way, but construct a minimum 5- footwide concrete sidewalk along McMillan Road and Linder 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. Coordinate the location and elevation of the sidewalk with District staff. 2. Construct a separate westbound right-turn lane on McMillan Road at the Shadow Creek Way (now Wild Flower Drive) approach. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 10 OF 34 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 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 with District staff. Construct a separate southbound right-turn lane on Linder Road at the Apgar Creek Street intersection. 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 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 with District staff. 4. Construct a separate northbound left-turn lane on Linder Road at Apgar Creek Street. 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 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 with District staff. 5. Construct a taper off of Linder Road for southbound right turns at the Deer Crest Way approach. 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 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 taper with District staff. 6. Construct Wild Flower Drive to intersect McMillan Road approximately 1,450- feet west of Linder Road, as proposed. The street shall be constructed with a 36- foot street section within 50-feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewalks. DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 11 OF 34 Construct Apgar Creek Street to intersect Linder Road approximately 530-feet north of McMillan Road, as proposed. The street shall be constructed with a 36- foot street section within 50-feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewalks. Construct Deer Crest Way to intersect Linder Road approximately 430-feet north of Apgar Creek Street and approximately 390-feet south of the approved Wild Goose Drive to the north, as proposed. The street shall be constructed with a 36- foot street section within 50-feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewalks. 9. Construct a commercial driveway on Linder Road located a minimum of 255-feet south of Apgar Creek Street and no closer than 150-feet from McMillan Road (for right-in/right-out only). Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. 10. Construct a commercial driveway on McMillan Road located approximately 250- feet west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. This driveway maybe restricted to right-in/right-out movements in the future. 11. Construct a commercial driveway on McMillan Road located approximately 235- feet west of the first commercial driveway on McMillan Road and approximately 500-feet west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. 12. Provide the District with a copy of a recorded cross-access agreement for Lots 45, 46, 47 and 48, Block 10, to use the three commercial driveways listed in Conditions 9, 10 and 11 above, for access to the public street system. 13. Construct a commercial driveway to serve the proposed L-O zoned lots, located in alignment (measured centerline to centerline) or offset from the approved Palatine Way on the south side of McMillan Road a minimum of 255-feet (measured near edge of driveway to near edge of roadway). Provide the District with a copy of a DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 12 OF 34 recorded cross-access agreement for Lots 34 to 44, Block 12, to use the driveway for access to the public street system. 14. Utilize the existing driveway to the single-family home on Lot 26, Block 12. Pave the driveway to its full width (maximum 20-feet) and at least 30-feet into the site beyond the edge of pavement of McMillan Road and install pavement tapers with 15-foot radii abutting the roadway edge. Said driveway maybe utilized until the existing home located on the lot is torn down or converted to another use. At the time of re-development, access to Lot 26, Block 12, from McMillan Road maybe prohibited by ACHD. The applicant shall provide an access easement or frontage to Lot 26, Bloclc 12, from Summit Way or the L-O zoned lots to the west. 15. Unless otherwise approved by District staff, the applicant shall construct Ballinger Avenue, Chimney Peak Avenue, Cody Creek Way, Summit Way, Green Mountain Drive, Bird Wing Court, Dove Ridge Drive, Stone Pond Drive, Sage Springs Drive, Kelly Creek Avenue and Wapoot Avenue as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks, all within 50-feet ofright- of-way. 16. Construct District approved turnarounds for Bird Wing Court, Summit Way and Dove Ridge Drive (if Dove Ridge Drive is constructed as a public roadway and not a private roadway). 17. Pave the private driveway/street off of Chimney Peak Avenue, between Lots 17 and 22, Block 10, its full width and at least 30-feet into the site beyond the edge of pavement of the abutting roadway. ACHD does not make any assurances that the private road that is a part of this application will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: i. Dedicate a minimum of 50-feet ofright-of--way for the road. ii. Construct the roadway to the minimum ACHD requirements. 18. Extend Wapoot Avenue from the west property line located approximately 125- feet south of the north property line, as proposed. DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 13 OF 34 19. Extend Apgar Creek Street from the west property line located approximately 690-feet south of Wapoot Avenue (measured centerline to centerline), as proposed. 20. Extend Ballinger Avenue from the north property line located approximately 625- feet east of the west property line, as proposed. 21. Extend Chimney Peak Avenue from the north property line located approximately 1,090-feet east of Ballinger Avenue (measured centerline to centerline), as proposed. 22. Other than the access points specifically approved with this application, direct lot or pazcel access to McMillan Road and Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat(s). 23. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 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 maybe 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 aze not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 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 ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 14 OF 34 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 #197, 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 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 (spaze 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 relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 IJFC Appendix III-A DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 15 OF 34 2. Commercial and office occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 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 thru the Public Works Department. 5. All roads shall have a honing radius of 28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 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 tom around. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 9. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer D. Adopt the Recommendation of Settlers Irrigation District as follows: All irrigation drainage facilities along with their easements must be protected and continue to function. 2. All storm drainage must be retained on-site. 3. The development must supply irrigation access to all lots within the above-named subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. E. Adopt the Recommendations of the Central District Health Deparhnent as DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 16 OF 34 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 stonnwater management system that prevents groundwater and surface water degradation. F. Adopt the action of the City Council taken at their August 5, 2003 meeting as follows: For clarification: The applicant is providing about four and a half acres for a park in the center of the residential project, including a tot lot, basketball court and an open play field, along with landscaping. 2. The applicant is providing an interconnected system ofpathways to help split long blocks, and to help promote and enhance pedestrian access to the public road network. 3. The applicant is providing almost ten percent of open space, as well as the interconnecting system of pathways. 4. The applicant provided a sketch, dated 7-15-03 by J-U-B Engineers, Inc., showing how the streets align between Lochsa Falls and Kelly Creek at Apgar Creek Street. A proposed street modification to allow the centerline of Apgar Creek to align with the centerline of the 30 foot wide private driveway to the west of the main entry street, has been drawn by hand on the sketch. DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 17 OF 34 The deflection angle is less than the 20 degrees allowed by ACHD and shall meet the District's intersection requirements. 5. The applicant provided a conceptual layout showing how the maximum project would lay out. The present conceptual plat allows for 214 single family dwelling lots and said conceptual layout is approved as submitted to the Council at their August 5, 2003 meeting, with the understanding the applicant shall be required to provide a detailed plat for approval. 6. The applicant also stated at the August 5, 2003 hearing that they are sharing an irrigation system with Lochsa Falls, which presently Lochsa Falls is building the pump station that will serve both developments. The system is requiring a 16 inch water line. The applicant shall be required to work with the school district on the driveways needed for the district, and said driveways shall be shown on the approved plat. 8. The applicant shall provided an L-type turnaround for fire or emergency vehicles to tum around, but the L-type turnaround shall have to meet the approval of the Meridian Fire Department. 9. The applicant is providing 214 single family building lots and 15 other lots on the 79.77 acres in size, including right-of--way. 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 "Owner/Developer" or "Owners" and "Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Properl}~' of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 18 OF 34 "Owners" and "Owner/Developer"convent 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 "Owners" and "Owner/Developer" and if the "Owners" and "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9• INSPECTION: "Owners" and "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. 10. DEFAULT: 10.1 1n the event "Owners" and "Owner/Developer", "Owners" and "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 "Propert}~', 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 "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: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owners" and "Owner/Developer's" cost, and submit proof of such recording to "Owners" and "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 DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 19 OF 34 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 "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12• ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "Cit}~' or "Owners" and "Owner/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 "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 seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30} day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and "Owner/Developer" or "Cit}~' 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 DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 20 OF 34 improvements, which the "Owners" and "Owner/Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owners" and "Owner/Developer" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owners" 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 "Owners" and "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Propert}~' 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 OWNERS: Kevin Howell 4822 N. Rosepoint, Suite C Boise, Idaho 83713 Kelly and Brenda Fulfer 2350 W. McMillan Road Meridian, Idaho 83642 Jack Fulfer, by: Kelly Fulfer, Attorney-in-Fact for Jack Fulfer 1942 W. McMillan Road Meridian, Idaho 83642 Randall and Tanya Calkins, by: Kelly Fulfer, Attorney-in-Fact for DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 21 OF 34 Randall and Tanya Calkins 2186 W. McMillan Road Meridian, Idaho 83642 with copy to: OWNER/DEVELOPER: City Clerk Kevin Howell Construction City of Meridian 4822 N. Rosepoint, Suite C 33 E. Idaho Ave. Boise, Idaho 83713 Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as maybe 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 "Owners" and "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 "Propert}~', or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owners" and "Owner/Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 22 OF 34 determined that "Owners" and "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 from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owners" and "Owner/Developer" and "Cit}~' 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 "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 "Cit}~', 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 annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 23 OF 34 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER/KEVIN HOWELL: BY~~ ~dfi.,-c.P K vin Howell OWNER/FULFER: BY: ~~ ~~4%~~.~/ Kelly lfer BY: ~~~ Brenda Fulfer OWNER/FULFER: ~~ ~~~ BY: ,~ Jack fer, by: I elly Fulfer, Attorney-in-Fact for Jack Fulfer DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 24 OF 34 OWNER/CALKINS: Ra,~l Ga,lk, ~-s BY: ~ Randall C .tins, by. Celly Fulfer, Attorney-in- Fact for Randall Calkins ~+ a- Gay-l~i'h5 BY: `~ Tany alkins, y: Kelly Fulfer, Attorney-in- Fact for Tanya Calkins OWNER/DEVELOPER/ ~PAirj ~Oat~P~ l / / KEVIN HOWELL CONSTRUCTION: ~~ Attest: DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 25 OF 34 CITY OF MERIDIAN BY: / 1LIA~' &%~- Attest: ~ti"r'~`~ CITY CLERK STATE OF IDAHO ) COUNTY OF ADA ) ss: >`' y G~ `" SEAL 9 ~ o~ ''$ ,9C, ~srts~t. C~UN'L'{ ~ ~` ///~r~rrn l r 11 IN~~~~"``` O~,e ~LG i'Gr .2Ct C ~~e ~i ~~~t On this day of in the year 2003, before me, the undersigned a Not Public, personally appeared Kevin Howell, a married man dealing with his sole and sepazate property, lmown or identified to me to be the person who executed the instrument and aclrnowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificat rst a e written. r.°`~yVlS #~ (SEAL) ~•va~ ~~a ~ p7 ~ ~ A ~ y~~ ° ~~ ~ ; _ gas~"~ ,1~ ~3 ~ LOa.~ DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 26 OF 34 STATE OF IDAHO ) ss: COUNTY OF ADA ) On this day of , in the year 2003, before me, the undersigned a otary Public, pe pally appeared Kelly and Brenda Fulfer, 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 WITNESS WHEREOF, I have hereunto set my hand and affixed.my official seal thetl~year in this certificate first above written. ~~MB3 R,'~ ~ NOt,~ ~ t (SEAL) ' AGB .~pmAe~.,r+~ STATE OF IDAHO ) ss: COUNTY OF ADA ) On this~~ day of ~~ , in the year 2003, before me, the undersigned a Notary Public, personally appeared Jack Fulfer, by: Kelly Fulfer, Attorney-in-Fact for Jack Fulfer, known or identified to me to be the person who executed the instrument and acknowledged to me that he executed the same as Attorney- in-Fact for Jack Fulfer. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day in this certificate first above written. IAMBg ~ ~ r co NOr (SEAL) s ~ AGd~ fC~"~ ~0 Not ub c . dahp ~ OA * Resi m t: fOAgp Co ssion expires: - ~ Z~j DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 27 OF 34 STATE OF IDAHO ) COUNTY OF ADA ) ss: On this~_ day of , in the yeaz 2003, before me, the undersigned a Notary Public, personally appeared Randall Calkins, by: Kelly Fulfer, Attorney-in-Fact for Randall Calkins, known or identified to me to be the person who executed the instrurent and acknowledged to me that he executed the same as Attorney-in-Fact for Randall Calkins. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal th~,~pyt,~year in this certificate first above written. / ~>+~_~~. '* tiOp,~ A ~~ ~ 7s GBLIC STATE OF IDAHO ) COUNTY OF ADA ) :I~ ss: ~> On this day of , in the year 2003, before me, the undersigned a otary Public, personally appeared Tanya Calkins, by: Kelly Fulfer, Attomey-in-Fact for Tanya Calkins, known or identified to me to be the person who executed the instrument and acknowledged to me that he executed the same as Attorney-in-Fact for Tanya Callcins. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~P~s ~,~ ',* nor (SEAL) ~. ~~. A ~ Lyy~ GBLiC DEVELOPMENT AGREEMEN (AZ-03-013) PAGE 28 OF 34 expires: /~ ~z~ -Zp STATE OF IDAHO ) ss COUNTY OF ADA ) On this___~[~_ day 2003, be~'ore me, the ~ underfed of ~ , in the year a Notary Public, personally appeared lmown'or identified ~o me to be the ~ ~., and f KEVIN HOWELL CONSTRUCTION, and the person who executed the instrument and acknowledged to me that ~ixg executed the same on behalf of sai.r""VIIN, H_O,,,,W,,ELL CONSTRUCTION. ~ f ~~ IN ITNESS WHEREOF have hereunto set my hand and affixed my official seal the day and year in this certii (SEAL) STATE County of Ada On this 22'~ day of ~ -{-p~ , in the year 2003, before me, a Notary Public, personally appeared ~e~t-B-~ert~ d William G. Berg, know or identified to me to be th , and Cler~C resp rfive~y o~ie City of Meridian, who executed the instrument or ~ erson ~~ia~t`~e ted the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz in this certificate first above written. (SEAL) DEVELOPMENT ~~~~~-1 ~v~~ Notary Public for Idaho Residing at: ~. (.pCVYt`Y Commission expires: y-2g- _~ 013) PAGE 29 OF 34 EXHIBIT A Le2a1 Descriation Of Prouerty FULFER PARCEL DESCRIPTION The South %: of the Southeast''/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at a found 5/8" iron pin (no cap), marking the Southeast corner of Section 26, the POINT OF BEGINNING; thence along the Southerly boundary of Section 26, North 89°28'38" West, 2,625.53 feet to a found 5/8" iron pin with plastic cap stamped "RUBBLE PLS 4998", marking the South'/4 comer of said section; thence along the Westerly boundary of the Southeast'/< of Section 26, North 00°37'07" East, 1,330.30 feet to a found 5/8" iron pin (no cap), marking the Center-South 1/16`h corner of said section; thence along the Northerly boundary of the South'/: of the Southeast '/4 of Section 26, South 89° 13'39" East, 2,620.84 feet to a found 5/8" iron pin with plastic cap stamped "RUBBLE PLS 4998", marking the South 1/16`h comer of said section; thence along the Easterly boundary of Section 26, South 00°24'54" West, 1,318.88 feet to the POINT OF BEGINNING. Said parcel contains 79.77 acres (3,474,619.61 square feet), more or less. FULFER DEVELOPMENT - R-8 ZONING PARCEL DESCRIPTION DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 30 OF 34 That portion of the South % of the Southeast '/< of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particulazly described as follows: COMMENCING at a found 5/8" iron pin marking the Southeast corner of Section 26, from which a found 5/8" iron pin marking the South'/< comer of said Section bears North 89°28'38" West, 2,625.53 feet; thence along the Southerly boundary of Section 26, North 89°28'38" West, 600.70 feet to the POINT OF BEGINNING; thence continuing along said boundary, North 89°28'38" West, 1,324.45 feet; thence leaving said boundary North 00°34'05" East, 424.65 feet; thence South 80°37'07" West, 436.64 feet; thence North 89°22'53" West, 270.00 feet to the Westerly boundary of the South of the Southeast '/4 of Section 26; thence along said boundary, North 00°37'07" East, 980.30 feet to the Northwest corner thereof; thence South 89°13'39" East, 2,620.84 feet to the Northeast corner of the South of the Southeast '/4 of Section 26; thence along the Easterly boundary of said Section, South 00°24'54" West, 897.75 feet; thence leaving said boundary, North 89°35'06" West, 600.70 feet; thence South 00°24'54" West, 420.00 feet to the POINT OF BEGINNING. Said parcel contains 67.976 acres (2,961,013 square feet), more or less. DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 31 OF 34 FULFER DEVELOPMENT - C-G ZONING PARCEL DESCRIPTION That portion of the South %z of the Southeast '/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a found 5/8"iron pin mazking the Southeast corner of Section 26, the POINT OF BEGINNING, from which a found 5/8"iron pin marking the South''/4 corner of said Section bears North 89°28'38" West, 2,625.53 feet; thence along the Southerly boundary of Section 26, North 89°28'38" West, 600.70 feet; thence North 00°24'54" East, 420.00 feet; thence South 89°35'06" East, 600.70 feet to the Easterly boundary of the South %z of the Southeast % of Section 26; thence along said boundary, South 00°24'54" West, 421.13 feet to the POINT OF BEGINNING. Said parcel contains 5.800 acres (252,633 squaze feet), more or less. FULFER DEVELOPMENT - L-O ZONING PARCEL DESCRIPTION That portion of the South %z of the Southeast''/a of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 32 OF 34 COMMENCING at a found 5/8" iron pin marking the Southeast corner of Section 26; thence North 89°28'38" West, 2,625.53 feet to the South'/< corner of Section 26, the POINT OF BEGINNING; thence along the Westerly boundary of the Southeast '/4 of Section 26, North 00°37'07" East, 350.00 feet; thence leaving said boundary, South 89°22'53" East, 270.00 feet; thence North 80°37'07" East 436.64 feet; thence South 00°34'05" West, 424.65 feet to the Southerly boundary of the Southeast''/4 of Section 26; thence along said boundary, North 89°28'38" West, 700.38 feet to the POINT OF BEGINNII~IG. Said parcel contains 5.991 acres (260,974 square feet), more or less. DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 33 OF 34 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Aaaroval DEVELOPMENT AGREEMENT (AZ-03-013) PAGE 34 OF 34 BEFORE THE MERH)IAN CITY COUNCIL C/C 08-DS-03 IN THE MATTER OF THE . APPLICATION FOR ANNEXATION AND ZONING OF 79.77 ACRES IN SIZE, INCLUDING RIGHT-OF- WAY, FOR PROPOSED KELLY CREEK SUBDIVISION, LOCATED AT THE NORTHWEST CORNER OF NORTH CINDER ROAD AND Case No. AZ-03-013 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING WEST McMILLAN ROAD, MERH)IAN, IDAHO KEVIN HOWELL CONSTRUCTION, APPLICANT The above entitled annexation and zoning application having come on for public hearing on August 5, 2003, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Darin Fluke, Tony Moss, and Daniel Gibson, 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 KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 1 OF 27 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, Resolufion No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 79.77 acres in size, including right-of- way, and is located at the northwest comer ofNorth Linder Road and West McMillan 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 pazcel of land is contiguous to the existing city limits of the City of Meridian. 5. The owners of record of the subject property are Kevin Howell - 4822 N. Rosepoint, Suite C, Boise, Idaho, Kelly and Brenda Fulfer, husband'and wife, 2350 W. McMillan Road, Meridian, Idaho, Jack Fulfer with Durable Special Power of Attorney from Sack Fulfer to Kelly Fulfer - 1942 W. McMillan Road, Meridian, Idaho, and Randall and Tanya Calkins with Durable Special Power of Attorney from Randall Calkins and Tanya Calkins, husband and wife, to Kelly Fulfer - 2186 W. McMillan Road, Meridian, Idaho. The applicant is Kevin Howell Construction. 6. The property is presently zoned RUT {Ada County) and consists of agricultural land and rural residences. The Applicant requests the property be zoned as R-8 (Medium Density Resideniial), C-G (General Retail And Service Commercial), and L-O (Limited Office). 8. The subject property is bordered to the north by Lochsa Falls Subdivision, zoned FINDINGS OF FACT AND CONCLUSIONS OF LAW AND bECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND 2ANING KELLY CREEK SUBDMSION (AZ-03-013) PAGE 2 OF 27 R-4, to the south by Bridgetower Subdivision, zoned R-4, to the east by the recently approved Paramount Subdivision, zoned C-G, and to the west by Lochsa Falls Subdivision, zoned R-4. 9. The Applicant proposes to develop the subject property in the following manner: A residential neighborhood planned development with use exceptions'for commercial and office uses. 10. The Applicant requests zoning of the subject real property as R-8, C-G, and L-O, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential. 11. There aze no significant or scenic features ofmajor importance that affect the consideration of this application. 12. 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 Comments and Recommendations of the Meridian Planning & Zoning Department 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. Wells maybe used for non-domestic purposes such as landscape irrigation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-] 3. Plans shall need to be approved by the appropriate imgation/drainagedrstrict, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3. A Development Agreement shall be required as part of this annexation request. The development agreement shall include all conditions of the annexation, preliminary plat, and conditional use pemuUplanned development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 3 OF 27 B. Adopt the Recommendations ofthe Ada County Highway District as follows: These segments of Linder Road and McMillan Road are 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 fallowing: Dedicate by donation an additional 5-feet ofright-of--way along McMillan Road (30-feet total from the current centerline) and an additional 13-feet of right-of--way along Linder Road (38-feet total from centerline), and conshvct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road. The sidewalk on McMillan Road shall be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41-feek from the centerline of the right-of- way. Coordinate the location and elevation of the sidewalk with District staff. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the tight-of--way. ii. Dedicate by donation an additional 15-feet ofright-of--way along McMillan Road (40-feet total from the current centerline) and an additiona123-feet of right-of--way along Linder Road (48-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road, located within the new right-of--way. The sidewalk on McMillan Road should be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41- feetfrom the centerline of the right-of--way. Provide the District with an easement for any portion of the sidewalk(s) that aze not located within the right-oSway. Coordinate the location and elevation of the sidewalk with District staff. iii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road in their ultimate locations. The sidewalk on McMillan Road should be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41-feet from the centerline of the right- of-way. Provide the District with an easement for any portion of the sidewalk{s}that are not located within the right-of--way. iv. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road, located at the back edge of the existing right-of--way (if feasible). Accomplish all necessary FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 4 OF 27 adjustments to properly accommodate existing drainage and utilities. Coordinate the location and elevation of the sidewalk with District staff. 2. Construct a separate westbound right-turn lane on McMillan Road at the Shadow Creek Way (now Wild Flower Drive) approach. 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 final plat phase and wnstructed when the warrant is met. The necessity for auxiliary lane construction (wattants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the rum lane with District staff. Construct a separate southbound right-turn lane on Linder Road at the Apgar Creek Street intersection. The applicant may choose to install the auxiliary rum 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 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 with District staff. 4. Construct a separate northbound left-rum lane on Linder Road at Apgar Creek Street. The applicant may choose to install the auxiliary rum 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 constmct 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 with District staff. 5. Construct a taper off of Linder Road for southbound right toms at the Deer Crest Way approach. 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 far auxiliary lane construction {warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the taper with District staff. 6. Conslruct Wild Flower Drive to intersect McMillan Road approximately 1,450-feet west of Linder Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewalks. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDNISION (AZ-03.013) PAGE 5 OF 27 7. Construct Apgar Creek Street to intersect Linder Road approximately 530-feet north of McMillan Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewalks. 8. Construct Deer Crest Way to intersect Linder Road approximately 430-feet north of Apgaz Creek Street and approximately 340-feat south of the approved Wild Goose Drive to the north, as proposed. The street shall be constructed with a 36-foot street section within 50.feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewalks. 9. Construct a commercial driveway on Linder Road located a minimum of 255-feet south of Apgar Creek Street and no closer than 150-feet from McMillan Road (for right- in/right-out only). Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. 10. Construct a commercial driveway on McMillan Road located approximately 250-feet west of Linder Road, as proposed. Pave the driveway its full width (maxinmm 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with l5-foot radii abutting the existing roadway edge. This driveway maybe restricted to right-in/right-out movements in the future. 1 ]. Construct a commercial driveway on McMillan Road located approximately 235-feet west of the first commercial driveway on McMillan Road and approximately 500-feet west of Linder Road, as proposed. Pave the driveway its full width {maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with l5-foot radii abutting the existing roadway edge. 12. Provide the District with a copy of a recorded cross-access agreement for Lots 45, 46, 47 and 48, Block 10, to use the three commercial driveways listed in Conditions 9, 10 and 11 above, for access to the public street system. 13. Construct a commercial driveway to serve the proposed L-O zoned lots, located in alignment {measured centerline to centerline) or offset from the approved Palatine Way on the south side of McMillan Road a minimum of 255-feet (measured neaz edge of driveway to near edge of roadway). Provide the District with a copy of a recorded cross- access agreement for Lots 34 to 44, Block 12, to use the driveway for access to the public street system. 14. Utilize the existing driveway to the single-family home on Lot 26, Block 12. Pave the driveway to its full width (maximum 20-feet) and at least 30-feet into the site beyond the edge of pavement of McMillan Road and install pavement tapers with 15-foot radii abutting the roadway edge. Said driveway maybe utilized until the existing home located FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 6 OF 27 on the lot is tom down or converted to another use. At the time of re-development, access to Lot 26, Block 12, from McMillan Road may be prohibited by ACRD. The applicant shall provide an access easement or frontage to Lot 26, Block 12, from Summit Way or the L-O zoned lots to the west. 15. Unless otherwise approved by District staff, the applicant shall construct Ballinger Avenue, Chhnney Peak Avenue, Cody Creek Way, Summit Way, Green Mountain Drive, Sird Wing Court, Dove Ridge Drive, Stone Pond Drive, Sage Springs Drive, Kelly Creek Avenue and Wapoot Avenue as 36-foot street secfions with curb, gutter and 5-foot wide concrete sidewalks, all within 50-feet ofright-of--way. 16. Construct District approved turnazounds for Bird Wing Court, Summit Way and Dove Ridge Drive (if Dove Ridge Drive is constructed as a public roadway and not a private roadway). 17. Pave the private driveway/street off of Chinmey Peak Avenue, between Lots 17 and 22, Block 10, its full width and at least 30-feet into the site beyond the edge of pavement of the abutting roadway. ACRD does not make any assurances that the private road that is a part of this application will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: i. Dedicate a minimum of 50-feet ofright-of--way for the road. ii. Construct the roadway to the minimum ACHD requirements. 18. Extend Wapoot Avenue from the west property line located approximately ] 25-feet south of the north property line, as proposed. 19. Extend Apgar Creek Street from the west property line located approxitately 690-feet south of Wapoot Avenue (measured centerline to centerline), as proposed. 20. Extend Ballinger Avenue from the north property line located approximately 625-feet east of the west property line, as proposed. 21. Extend Chimney Peak Avenue from the north property line located approximately 1,090- feet east of Ballinger Avenue (measured centerline to centerline), as proposed. 22. Other than the access points specifically approved with this application, direct lot or pazcel access to McMillan Road and Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat(s). C'INDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 7 OF 27 23. Comply with all Standard Conditions of Approval. Standazd Conditions of Approval 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. ContactConstruction 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 Rda County Highway District Policy Manual, [5PWC Standazds 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. 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 #197, also known as Ada County Highway District Road hnpact 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 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 (spaze or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shal] be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION {AZ-43-013) PAGE 8 OF 27 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 alI 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 awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the fime the change in use is sought. C. Adopt the Meridian Fire Depatlment Recommendations as follows: One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Commercial and office occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All roads shall have a fuming radius of 28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs aze required before combustible construction begins. UFC 901.4.2 & 901.3 7. The phasing plan may require that any roadway greater than 150' in length that is not grovided with an outlet shall be required Yn have a rum around. 8. A minimum of two points of access will be required for any portion ofthe project, which serves more than 50 homes. UFC 902.2.1 9. The fire department requests that any future signalization installed as the result of the development of this project be equipped with C~pticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be home by the developer FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 9 OF 27 D. Adopt the Recommendation of Settlers Irrigation District as follows: All imgation/drainage facilities along with their easements must be protected and continue to function. 2. Ali storm drainage must be retained on-site. 3. The development must supply irrigation access to all lots within the above-named subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to 6e in place prior to the pre-construction meeting. E. Adopt the Recommendations of the Central District Health Department as follows: This proposal can be approved for central sewage & central water after written approval from appropriate entities is subntted. 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. 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 desigti of the subject project shall obtain current best management practices for storrnwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the action of the City Council taken at their August 5, 2003 meeting as follows: For clarification: 1. The applicant is providing about four and a half acres for a Bark in the center of the residential project, including a tot lot, basketball court and an open play field, along with landscaping. 2. Ttte applicant is providing an interconnected system of pathways to help split long blocks, and to help promote and enhance pedestrian access to the public road FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDMSION (AZ-03-013} PAGE 10 OF 27 network. 3. The applicant is providing almost ten percent of open space, as well as the interconnecting system of pathways. 4. The applicant provided a sketch, dated 7.15-03 by 7-U-B Engineers, Inc., showing how the streets align between Lochsa Falls and Kelly Creek at Apgar Creek Street. A proposed street modification to allow the centerline of Apgar Creek to align with the centerline of the 30 foot wide private driveway to the west of the main entry street, has been drawn by hand on the sketch. The deflection angle is less than the 20 degrees allowed by ACRD and shall meet the District's intersection requirements. 5. The applicant provided a conceptual layout showing haw the maximum project would lay out. The present conceptual plat allows for 214 single familydwelling lots and said conceptual layout is approved as submitted to the Council at their August 5, 2003 meeting, with the understanding the applicant shall be required to provide a detailed plat for approval. 6. The applicant also stated at the August 5, 2003 hearing that they aze sharing an irrigation system with Lochsa Falls, which presently Lochsa Falls is building the pump station that will serve both developments. The system is requiring a 16 inch water line. The applicant shall be required to work with the school district on the driveways needed for the district, and said driveways shall be shown on the approved plat. 8. The applicant shall provided an L-type turnaround for fire or emergency vehicles to taro around, but the L-type turnaround shall have to meet the approval of the Meridian Fire Department. 9. The applicant is providing 214 single family building lots and 15 other lots on the 79.77 acres in size, including right-of--way. 13. It is found that the requested zoning designation, R-8, is harmonious with and in accordance with the adopted Comprehensive Plan Future Land Use Map; which designates the land to be "Medium Density Residential". The requested L-O and C-G zones do not comply with the Future Land Use Map, but can be approved under the us exception provisions of Ordinance 12-6-3. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONIlVG KELLY CREEK SUBDIVLSION (AZ-03-013) PAGE 11 OF 27 14. It is not anticipated that the land to be annexed will be rezoned in the future. 15. It is found Chat the property will be developed in a manner consistent with the proposed zoning and/or consistent with allowable Planned Development uses. 16. It is found that the annexation and zoning of the Bridgetower Subdivision to the south, Lochsa Falls to the north and west, and Paramount to the east is a significant change in the azea. All such developments were also approved as planned developments with land use exceptions. The two arterial streets abutting the project are not planned for improvements in Ada County Highway District's Five Year Work Program. 17. [t is found that the proposed uses match the intended character of the vicinity, as noted an the Generalized Land Use Map. It is also found that the proposed uses can be designed and constructed in amanner that will be harmonious with and appropriate in appeazance with the existing and intended chazacter ofthe surrounding area. The proposed use exceptions are located adjacent to other similar use exceptions granted to surrounding developments. The existing chazacter ofthe area will change, especially upon build-out of the proposed project, but it will not adversely change the essential character of the area. 18. It is not anticipated that the proposed uses will be hazardous or disturbing to future of existing neighbors. 19. The Meridian Fire Department has submitted a list of conditions and needs in order to adequately serve the project. The ACHD Commission acted on the application at their July 2, 2003 meeting, and their conditions are listed in number 12 above. Water and sanitary sewer service to phase one will be readily available to the north from phase 3 of Lochsa Falls Subdivision which is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 12 OF 27 currently under construction. Further phases of this development will be dependent upon a sanitary sewer extension to the west through future phases of the Lochsa Falls project. 20. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. It is found that there will not be excessive additional requirements at public cost for public services and facilities and that the annexation and zoning will not be detrimental to the community's economic welfare, 21. It is found that the proposed residential, office and commercial uses themselves will not be detrimental. It is also found that the proposed uses will create additional traffic on adjacent arterial roads. The Traffic Gnpact Study provided by the applicant to ACHD states that the development is estimated to generate 3,772 additional vehicle trips per day with a peak traffic volmne of 352 vehicle trips per hours. It is also noted that the mixed use nature of the proposed development will enwurage a higher degee oftrip capture within the square mile. In this regard, the "excessive production" of traffic is lessened versus a project without accessible neighborhood services. It is not anticipated that the proposed uses will create noise, smoke, fumes, glare or odors. 22. It is found that ACHD staffhas reviewed and recommended approval ofthe vehicular approaches to the residenfial areas of Kelly Creek Subdivision off of Linder and McMillan Roads. The proposed access points to the commercial and office areas are found to violate ACHD's offset requirements and must be redesigned per ACHD requh~ements. It is also found that the applicant has proposed internal connections to adjacent properties by connecting to the four stub streets provided by Lochsa Falls. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONIIYG KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 13 OF 27 23. It is found that no natural or scenic features of major importance will be lost or damaged by approval of this annexation request. The land is currently in agricultural production with no historic structures or significant natural features. 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 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. 27. The City Council recognizes the letter ofDaruel Gibson dated July 29, 2003, wherein he approves the relocation of W. Apgar Creek Street, which is within his property boundaries approximately 50 feet to the north, upon the issues addressed within this paragraph. Mr. Gibson is willing to allow the relocation to occur based on the assurance of the acceptability FINDINGS OF FACT AND CONCLUSIONS OF LAW AA'D DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 14 OF 27 by the Ada County Highway District. (ACHD memo from Christy Richardson dated 7uly 17, 20U3.) If Mr. Gibson can receive written assurance that this relocation will not result in a future requirement that he relocate the access easement to the west, then he is willing to agree to the proposed relocation change. If this is not passible, then the proposed Kelly Creek plat should be revised to recognize the alignment of West Apgar Street as depicted in the approved Lochsa Falls Preliminary Plat. 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 boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-I6 provides the City may annex real property that is within the Meridian Urban Service Planning Area asset 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 bas 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, (L-O) Limited Office, and (C-G) General Retail And Service Commercial are defined in the Zoning Ordinance at § 11.7-2 D, G and K as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-O13) PAGE 15 OF 27 (R-8) Medium Density Residentlal District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 2-O) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings ofprofessional, reseazch, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. [C-G) General Retail And Service Commercial District• The purpose ofthe C-G District is to provide for commercial uses which aze customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and aze located in close proximity to major highway or arterial streets; to fulfill the need oftravel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexafion 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 requvements; 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONWG KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 16 OF 27 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City 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 79.77 acres in size, including right-of--way, to Medium Density Residential (R-8), Limited Office (L-O), and General Retail And Service Commercial (C-G) is granted subject to the terms and conditions ofthis Order hereinafter stated. The application is far annexation and zoning of 79.77 aces in size, includingright-of- way. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 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 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 Comments and Recommendations ofthe Meridian Planning & Zoning Department 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. Wells maybe used for non-domestic purposes such as landscape imgation. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDNISION {AZ-03-013) PAGE l7 OF 27 intersecting, crossing or lying adjacent and contiguous to the pazcel shall be filed per City Ordinance 12-4-13. Plans shall need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. A Development Agreement shall be required as part of this annexation request. The development agreement shall include all conditions of the annexation, preliminary plat, and conditional use permiUplanned development. B. Adopt the Recommendations of the Ada County Highway District as follows: These segments of Linder Road and McMillan Road aze 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: Dedicate by donation an additional 5-feet ofright-of--way along McMillan Road (30-feet total from the current centerline) and an additional 13-feet ofright-of--way along Linder Road {38-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road. The sidewallt on McMillan Road shall be located a minimum of 35-fcet from the centerline of the existing roadway. The sidewalk on Linder Road should be located aminimum of41-feet from the centerline of the right-of--way. Coordinate the location and elevation of the sidewalk with District staff. Provide the District with an easement for any portion of the sidewallc(s) that are not located within the right-of--way. ii. Dedicate by donation an additional 15-feet ofright-of--way along McMillan Road (40-feet total from the cunent centerline) and an additional 23-feet ofright-of--way along Linder Road (48-feet total from centerline}, and construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road, located within the new right-of--way. The sidewalk on McMillan Road should be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41-feet from the centerline of the right-of- way. Provide the District with an easement for any portion of the sidewalk(s) that aze not located within the right-of--way. Coordinate the location and elevation of the sidewalk with District staff. iii. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road in their ultimate locations. The sidewalk on McMillan Road should be located a minimum of 35-feet from the centerline of the existing roadway. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 18 OF 27 sidewalk on Linder Road should be located a minimum of 41-feet from the centerline oftheright-of--way. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of--way. iv. Do not dedicate additionalright-of--way, but construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road, located at the back edge of the existingright-of--way (if feasible). Accomplish all necessary adjustments to properly acconunodate existing drainage and utilities. Coordinate the location and elevation of the sidewalk with District staff. 2. Construct a separate westbound right-rum lane on McMillan Road at the Shadow Creek Way (now Wild Flower Drive) approach. 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 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 rum lane with District staff. 3. Construct a separate southbound right-turn lane on Linder Road at the Apgaz Creek Street intersection. The applicant may choose to install the auxiliary rum 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 final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (wanants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 4. Construct a separate northbound left-rum lane on Linder Road at Apgar Creek Street. 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 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 ofthe turn lane with District staff. 5. Construct a taper off of Linder Road for southbound right turns at the Deer Crest Way approach. The applicant may choose to install the auxiliary rum 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 final plat phase and constructed when the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDMSION (AZ-03-013) PAGE 19 OF 27 warrant is met. The necessity for auxiliary lane constnrction (warrants} will be evaluated as each phase (final plat) is subrrutted. Coordinate the final design of the taper with District staff. 6. Consttuct Wild Flower Drive to intersect McMillan Road approximately 1,450-feet west of Linder Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright-of--way with curb, gutter and 5-foot wide,concrete sidewalks. 7. Construct Apgar Creek Street to intersect Linder Road approximately 530-feet north of McMillan Road, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewalks. 8. Construct Deer Crest Way to intersect Linder Road approximately 430-feet north of Apgar Creek Street and approximately 390-feet south of the approved Wild Goose Drive to the north, as proposed. The street shall be constructed with a 36-foot street section within 50-feet ofright-of--way with curb, gutter and 5-foot wide concrete sidewalks. 9. Construct a commercial driveway on Linder Road located a minimum of 255-feet south of Apgar Creek Street and no closer than 150-feet from McMillan Road (for right- in/right-out only). Pave the driveway its frill width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. 10. Construct a commercial driveway on McMillan Road located approximately 250-feet west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. This driveway may be restricted to right-in/right-out movements in the future. 11. Construct a commercial driveway on McMillan Road located approximately 235-feet west of the first commercial driveway on McMillan Road and approximately 500-feet west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge ofpavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. 12. Provide the District with a copy of a recorded cross-access agreement for Lots 45, 46, 47 and 48, Block 10, to use the three commercial driveways listed in Conditions 9, 10 and I 1 above, for access to the public street system. 13. Construct a commercial driveway to serve the proposed L-O zoned lots, located in alignment (measured centerline to centerline) or offset from the approved Palatine Way on the south side of McMillan Road a minimum of 255-feet (measured near edge of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 20 OF 27 driveway to near edge of roadway). Provide the District with a copy of a recorded cross- access ageement for Lots 34 to 44, Block 12, to use the driveway for access to the public street system. 14. Utilize the existing driveway to the single-family home on Lot 26, Block 12. Pave the driveway to its full width (maximum 20-feet) and at least 30-feet into the site beyond the edge of pavement of McMillan Road and install pavement tapers with 15-foot radii abutting the roadway edge. Said driveway may be utilized until the existing home located on the lot is torn down or converted to another use. At the time of re-development, access to Lot 26, Block 12, from McMillan Road may be prohibited by ACHD. The applicant shall provide an access easement or frontage to Lot 26, Block 12, from Summit Way or the L-O zoned lots to the west. 1 S. Unless otherwise approved by District staff, the applicant shall construct Ballinger Avenue, Chimney Peak Avenue, Cody Creek Way, Summit Way, Green Mountain Drive, Bird Wing Court, Dove Ridge Drive, Stone Pond Drive, Sage Springs Drive, Kelly Creek Avenue and Wapoot Avenue as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks, all within 50-feet ofright-of--way. ] 6. Construct District approved tumazounds for Bird Wing Court, Summit Way and Dove Ridge Drive (if Dove Ridge Drive is wnstructed as a public roadway and not a private roadway). 17. Pave the privatedriveway/street off of Chimney Peak Avenue, between Lots 17 and 22, Block 10, its full width and at least 30-feet into the site beyond the edge of pavement of the abutting roadway. ACHD does not make any assurances that the private road that is a part of this application will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs maybe necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACRD: i. Dedicate a minimum of 50-feet ofright-of--way for the road. ii. Construct the roadway to the minimum ACRD requirements. 18. Extend Wapoot Avenue from the west property line located approximately 125-feet south of the north property line, as proposed. 19. Extend Apgar Creek Street from the west property line located approximately 690-feet south of Wapoot Avenue (measured centerline to centerline), as proposed. 20. Extend Ballinger Avenue from the north property line located approximately b25-feet east of the west property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 21 OF 27 21. Extend Chimney Peak Avenue from the north property line located approximately 1,090- feet east of Ballinger Avenue (measured centerline to centerline), as proposed. 22. Other than the access points specifically approved with this application, direct lot or parcel access to McMillan Road and Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat(s). 24. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 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) far 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. 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 #197, 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND. DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 22 OF 27 way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD 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 awaiver/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. D. Adopt the Meridian Fire Department Recommendations as follows: One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 40D' apart. 1997 UFC Appendix III-A 2. Commercial and office occupancies will require a fito-flow censistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 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 thru the Public Works Department. 5. All roads shall have a turning radius of 28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 The phasing plan may require that any roadway greater than 1 SO' in length that is not provided with an outlet shall be required to have a turn around. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 23 OF 27 8. A minimum oftwo points ofaccess will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 4. The fire departrnent requests that any future signalization installed as the result of the development of this pmject be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be home by the developer E. Adopt the Recommendation of Settlers Irrigation District as follows: 1. All imgation/drainage facilifies along with their easements must be protected and continue to function. 2. All storm drainage must be retained on-site. 3. The development must supply irrigation access to all lots within the above-named subdivision. If the developer wishes to have Settlers hrigafion District own, operate, and maintain the pressure irrigation system an ageement needs to be in place prior to the pre-construction meeting. 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 ofthe 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 August 5, 2003 meeting as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZANING KELLY CREEK SUBDMSION (AZ•03-013) PAGE 24 OF 27 For clarification: The applicant is providutg about four and a half acres for a pazk in the center of the residenfial project, including a tot lot, basketball court and an open play field, along with landscaping. 2. The applicant is providing an interconnected system of pathways to help split Iong blocks, and to help promote and enhance pedestrian access to the public road network. 3. The applicazlt is providing almost ten percent of open space, as well as the interconnecting system of pathways. 4. The applicant provided a sketch, dated 7-15-03 by J-U-B Engineers, Inc., showing how the streets align between Lochsa Falls and Kelly Creek at Apgar Creek Street. A proposed street modification to allow the centerline of Apgar Creek to align with the centerline of the 30 foot wide private driveway to the west of the main entry street, has been drawn by hand on the sketch. The deflection angle is less than the 20 degrees allowed by ACHD and shall meet the District's intersection requirements. 5. The applicant provided a conceptual layout showing how the maximum prof ect would lay out. The present conceptual plat allows for 214 single family dwelling lots and said conceptual layout is approved as submitted to the Council at their August 5, 2003 meeting, with the understanding the applicant shall be required to provide a detailed plat for approval. 6. The applicant also stated at the August 5, 2003 hearing that they aze sharing an irrigation system with Lochsa Falls, which presently Lochsa Falls is building the pump station that will serve both developments. The system is requiring a 16 inch water line. 7. The applicant shall be required to work with the school district on the driveways needed for the district, and said driveways shall be shown on the approved plat. 8. The applicant shall provided an L-type tumazound for fire or emergency vehicles to tum around, but the L-type turnaround shall have to meet the approval ofthe Meridian Fire Department. 9. The applicant is providing 214 single family building lots and 15 other lots on the 79.77 acres in size, including right-of-way. 4. The City Attorney shall prepare for consideration by the City Council the appropriate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDNISION (AZ-03-013) PAGE 25 OF 27 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, (L-O) Limited Office District, and (C-G) General Retail And Service Corornercial District, Meridian City Code § 11-7-2. 5. Subsequent to the passage ofthe Ordinance provided for in section 4 ofthis Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight {28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe 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 maybe 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 a[ its regular meeting held on the ~ day of ~~/.oft , 2003. ROLL CALL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION (AZ-03-013) PAGE 26 OF 27 COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED~ec,. COUNCILWOMAN CHERIE Mc LANDLESS VOTED~ev COUNCILMAN WILLIAM L.M. NARY VOTED L CGe~, MAYOR ROBERTQD. CORRIE (TIE BREAKER) VOTED DATED: ¢~~O,S MOTION: APPROVED: Attest: William G. Berg, Jr., Copy served upon Applicant, the the City Attorney. City Clerk DISAPPROVED: Mayor o ert D. Corn - c?`~oa~oR.arFO ti 'yp ~~sr lss ',o ZO inn Z:1WorklMlMaridianVvlmidien 15360M~ICelly Creek Sub A203-013 PP-03-014 -03 FINDIIdGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONIIVG KELLY CREEK SUBDNISION (AZ-03-013) ~~.~~~ OF ME~~V~~+.,, c? ~~POR,y r~ yti s~A~~ o~ ,~ O . `~i 15t ' PZ' ~ ~~` +nni nn~"" and PAGE 27 OF 27