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HomeMy WebLinkAboutHighgate Sub DA AZ 03-019ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 01110/04 09:38 AM DEPUTY Bonnie Oberbillig Me Id aDEC ~REOUEST OP III II II II I AMOUNT .00 DEVELOPMENT AGREEMENT PARTIES: 1. ,City of Meridian 2. Eagle Springs Investments, LLC, Owner 3. Harris Homes, LLC, Developer 51 IIIIIIIIIIIIIIIIIIIIII IIII 104005295 THIS DEVELOP ENT AGREEMENT (this "Agreement"), is made and entered into this day of cernber, 2003, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and HARRIS HOMES, LLC, whose address is 10632 North Sagecrest Place, Boise, Idaho 83703, hereinafter called "DEVELOPER", and EAGLE SPRINGS INVESTMENTS, LLC, whose address is 10632 North Sagecrest Place, Boise, Idaho 83714, hereinafter called "OWNER". RECITALS: 1.1 WHEREAS, "Owner" and "Developer" aze the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, LC. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" and "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner" and "Developer" have submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District, (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 1 OF 33 1.5 WHEREAS, "Owner" and "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 governrent subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the S~~ day of ~o/e~n.(ui~. 2003, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which aze attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner" and "Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" and "DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.9 WHEREAS, "City" requires the "Owner" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 2 OF 33 Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the cleaz 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 "DEVELOPER": means and refers to Harris Homes, LLC, whose address is 10632 North Sagecrest Place, Boise, Idaho 83703, the party developing said "Propert}~' and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "OWNER": means and refers to Eagle Springs Investments, LLC, whose address is 10632 North Sagecrest Place, Boise, Idaho 83714, the parry owning and 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, attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 3 OF 33 4. USE5 PERMITTED BY THI5 AGREEMENT: 4.1 The uses allowed pursuant to this Agreement aze only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 1111-7~2 (Dl(Dl which aze herein specified as follows: Construction and development of a residential neighborhood planned development with a mix use of attached and detached housing, in a proposed R-8 zone. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner" and "Developer" have submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owner" and "Developer" shall develop the "Property" in accordance with the following special conditions: Annexation and Zonin¢: 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 from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement will be required as part of this annexation request. The development agreement shall include all conditions of the preliminary plat and conditional use permit/planned development. B. Adopt the Recommendations of ACHD as follows: DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 4 OF 33 Close the existing driveway with standard curb, gutter and sidewalk to match existing improvements. 2. Construct one public roadway into the site from Meridian Road, as proposed, in alignment with Claire Street on the west side of the roadway. 3. The submitted design proposes a 78-degree intersection angle. The applicant shall work with staff to increase the angle of the intersection. 4. All public street shall meet the 125-foot offset requirement. A modification of policy is approved for the Richter Avenue/Southgate Avenue offset of approximately 100-feet. 5. Construct all of the internal streets as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks within 50-feet ofright-of--way, as proposed. 6. Extend Richter Avenue into the site at the north property line between Lot 5, Block 2 and Lot 1, Block 4, as proposed. Extend Baldwin Street into the site at the east properly line between Lo 1, Block 6 and Lot 36, Block 3, as proposed. 8. Construct a stub street to the 6-acre parcel north of the site, between Lot 1, Block 6 and Lot 29, Block 4, as proposed. Install a sign at the terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Center islands shall be designed with 21-foot street sections on either side of the center island. The applicant shall dedicate sufficient right-of--way on either side of an island. Coordinate the size and design of the center island with traffic services staff. 10. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the fmal plat. 11. Comply with all Standard Conditions of Approval. Standard Conditions ofAnnroval DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 5 OF 33 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 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 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 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 prepaze 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. Payment of applicable road impact fees aze 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 ACRD 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. DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 6 OF 33 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 co~rmation 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: 1. 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 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing hr front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a fuming radius of 28' inside and 48' outside. 5. Operational fire hydrants and temporazy or permanent street signs aze required before combustible construction begins. UFC 901.4.2 & 901.3 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 7. 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. DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 7 OF 33 D. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: 1. Applicant shall file a Land Use Application prior to final platting. All laterals and waste ways must be protected. The District's Finch Lateral courses along the south boundary. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on stie. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Please contact Donna Moore at 466-7861 for further information. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. 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 Environrnental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Meridian Patks Department as follows: 1. Construct pathway to recommended pathway standards. DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 8 OF 33 Preliminary Plat: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: 1. Modify the plat to show the future right-of--way as required by ACHD along Meridian Road on sepazate common lot(s). 2. Water service to this site shall be via main line extensions from the existing mains adjacent to the property. The applicant shall be required to extend water mains to and through the proposed development. 3. Sanitary sewer service shall be via main line extension from the existing mains adjacent to the property. The applicant shall be required to extend sewer mains to and through the proposed development. 4. Underground yeaz-round pressurized irrigation must be provided to all lots within this development. If the pressurized irrigation system within this development is to remain a private Homeowners Association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If asingle-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5. Correct the note on the plat regazding lots intended for attached/detachedhnusing. (Correct information has been provided on the submitted Preliminary Plat dated 9/30/03.) 6. Submit a copy of the encroachment agreement with the Nampa & Meridian Irrigation District (NMID) with the final plat application. 7. The micropath lot (Lot 22, Block 3) shall be shifted west to make the proposed 10- foot path part of the open space on Lot 15, Block 3. DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 9 OF 33 8. 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. 9. A detailed landscaping plan and perforrnance specifications for the common area pressurized irrigation system shall be submitted with the final plat application. The landscape plan shall depict all existing trees intended for removal and detail any required mitigation. 10. Submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage azeas (detention/retention basins) must be designed to ensure that water is retained only during 100-yeaz storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above groundwater. GENERAL COMMENTS (preliminary plat) 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. 2. Coordinate fire hydrant placement with the Ciry of Meridian Public Works Department. 3. 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. 4. 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. 5. 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 DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 10 OF 33 primary source. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Homeowners Association. 6. 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 fmal plat. Perimeter fencing shall be installed prior to obtaining building permits. 7. A detailed landscape plan for the common areas, includmg 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. 8. 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. 9. Any existing domestic wells and/or septic systems within this prof ect 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. 10. Any drainage azeas (detention/retentionbriins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. Side slopes within drainage azeas shall not exceed 3:1. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 11 OF 33 12. 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 are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above groundwater. B. Adopt the Recommendations of ACHD as follows: Close the existing driveway with standard curb, gutter and sidewalk to match existing improvements. 2. Cnstruct one public roadway into the site from Meridian Road, as proposed, in alignrnent with Claire Street on the west side of the roadway. 3. The submitted design proposes a 78-degree intersection angle. The applicant shall work with staff to increase the angle of the intersection. 4. All public street shall meet the 125-foot offset requirement. A modification of policy is approved for the Richter Avenue/Southgate Avenue offset of approximately 100-feet. 5. Construct all of the internal streets as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks within 50-feet ofright-of--way, as proposed. 6. Extend Richter Avenue into the site at the north property line between Lot 5, Block 2 and Lot 1, Block 4, as proposed. Extend Baldwin Street into the site at the east property line between Lo 1, Block 6 and Lot 36, Block 3, as proposed. 8. Construct a stub street to the 6-acre parcel north of the site, between Lot 1, Block 6 and Lot 29, Block 4, as proposed. Install a sign at the terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Center islands shall be designed with 21-foot street sections on either side of the center island. The applicant shall dedicate sufficient right-of--way on either side of an island. Coordinate the size and design of the center island with traffic services staff: DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 12 OF 33 10. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the fmal plat. 11. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Existing irrigation facilities shall be relocated outside of the right-of--way. 2. Utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 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 mad impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 13 OF 33 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 ACRD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD 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 aze 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: 1. 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. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of 28' inside and 48' outside. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 14 OF 33 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 7. 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 Nampa & Meridian Irrigation District as follows: Applicant shall file a Land Use Application prior to final platting. All laterals and waste ways must be protected. The District's Finch Lateral courses along the south boundary. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on stie. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Please contact Donna Moore at 466-7861 for further information. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Centeal District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 15 OF 33 5. The Engineers and azchitects involved with the design of the subject project shall obtain Curren; best management practices for stonnwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway to recommended pathway standazds. G. Adopt the action of the City Council taken at their October 14, 2003 meeting as follows: For Clarification: Provide on the final plat that the 10' wide pathway shall match up to Silhouette Subdivision. 2. Provide on the final plat that the public easement shall be Lot 29, Block 4. 3. Provide on the fmal plat that the future right-of--way on Lot 1, Block 2 shall break at Claire Drive. The azea south of Claire Drive shall be a new. Lot 1, Block 3. All other lots in Block 3 shall bump up one number. 4. The developer shall work with Planning and Zoning to determine the correct wording for the final plat pertaining to the side yazds that need to have a 5' drainage easement-except common lot lines of attached units. 5. The notation pertaining to Lots 4 and 9-12, that these lots shall be exempt from the irrigation easement, shall be removed from the final plat as this language is no longer applicable to these lots. 6. The notation pertaining to the first/second line under (3): Lot 1, Block 2 shall be noted on the fmal plat as Lot 2, Block 2. 7. Pertaining to notation number (7), no wet ponds shall be allowed, and the developer is proposing no wet ponds, and Munger Engineering, on behalf of the developer, shall work with Planning and Zoning pertaining to all the drainage issues. DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 16 OF 33 8. Provide on the final plat that the total acreage for the Preliminary Plat and Conditional Use Permit is 15.68 acres. 9. Provide on the final plat that the Total Lots are 84, but this will bump up one if the developer adds another right-of--way lot. 10. Provide on the final plat under Minimum House Size: Attached: Lots 3-6, Block 2, and Lots 2-5 and 7-14, Block 3 and Lots 1-12, Block 4, and Detached: Lot 6 and Lots 16-21 and 22-35, Block 3, Lots 13-28, Block 4 and Lots 1-3 and 5-11, Block 5. 11. Provide on the final plat under Proposed Building Setbacks: Garages - 20' front setback. 12.On the Landscape Plan, the developer shall add one tree near the center of the micropath on Lot 15, Block 3. Conditional Use Permit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: Applicant shall meet all of the requirements of the annexation and preliminary plat as a condition of the Conditional Use Permit. 2. The issue of waiving to the requirement to file the Oneweiler Lateral will be addressed with the final plat for Highgate Subdivision. The South Slough is not required to be tiled. A public easement shall be recorded across the lot containing the proposed pathway prior to signature on the fmal plat. 4. All stormwater detention facilities are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. No such facilities shall be designed as "wet ponds" with a sealed base that does not allow water penetration. 5. All existing trees greater than 4"caliper shall be retained and protected, including all existing trees along the canals. Any such tree removed from the site shall be DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 17 OF 33 mitigated for per City ordinances, unless the City Arborist has made a written determination that such trees maybe removed without mitigation. 6. Applicant shall submit a revised landscape plan that depicts all exisfing trees greater than 4" caliper to be removed and all stormwater facilities, including Lot 15, Block 3. The revised landscape plan shall also depict all required mitigation trees. The modified development standards, including reduced lot sizes, reduced frontage requirements, reduced setbacks, reduced minimum house size and exceeding block length requirements, aze approved as depicted on the approved site plan, except as follows: Street side setbacks shall at least 15 feet and front setbacks for gazages shall be at least 20 feet. 8. The following amenities aze required as part of the planned development: a tot lot on Lot 4, Block 5, a pathway and landscaping along the Onwieler Lateral, and open spaces as depicted on the approved site plan. 9. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 10. Applicant has submitted a revised preliminary platlsite plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission on this application. B. Adopt the Recommendations of ACHD as follows: Close the existing driveway with standazd curb, gutter and sidewalk to match existing improvements. 2. Construct one public roadway into the site from Meridian Road, as proposed, in alignment with Claire Street on the west side of the roadway. 3. The submitted design proposes a 78-degree intersection angle: The applicant shall work with staff to increase the angle of the intersection. 4. All public street shall meet the 125-foot offset requirement. A modification of policy is approved for the Richter Avenue/Southgate Avenue offset of approximately 100-feet. DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 18 OF 33 5. Construct all of the internal streets as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks within 50-feet ofright-of--way, as proposed. 6. Extend Richter Avenue into the site at the north properly line between Lot 5, Block 2 and Lot 1, Block 4, as proposed. 7. Extend Baldwin Street into the site at the east property line between Lo 1, Block 6 and Lot 36, Block 3, as proposed. 8. Construct a stub street to the 6-acre pazcel north of the site, between Lot 1, Block 6 and Lot 29, Block 4, as proposed. Install a sign at the tenninus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Center islands shall be designed with 21-foot street sections on either side of the center island. The applicant shall dedicate sufficient right-of--way on either side of an island. Coordinate the size and design of the center island with traffic services staff. 10. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. 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) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 19 OF 33 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. 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. Payment of applicable road impact fees aze 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 ACRD 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: DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 20 OF 33 One and two family dwellings will require a fue-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. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fue hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of 28' inside and 48' outside. 5. Operational fire hydrants and temporary or pemtanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 7. 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 fue and emergency medical service vehicles. This cost of this installation is to be borne by the developer. D. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: Applicant shall file a Land Use Application prior to final platting. All laterals and waste ways must be protected. The District's Finch Lateral courses along the south boundary. These easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on stie. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Please contact Donna Moore at 466-7861 for further information. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 21 OF 33 E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfaze, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway to recommended pathway standazds. G. Adopt the action of the City Council taken at their October 14, 2003 meeting as follows: For Clarification: 1. Provide on the final plat that the 10' wide pathway shall match up to Silhouette Subdivision. 2. Provide on the final plat that the public easement shall be Lot 29, Block 4. 3. Provide on the final plat that the future right-of--way on Lot 1, Block 2 shall break at Claire Drive. The azea south of Claire Drive shall be a new Lot 1, Block 3. All other lots in Block 3 shall bump up one number. DEVELOPMENT AGREEMENT (ALr03-019) PAGE 22 OF 33 4. The developer shall work with Planning and Zoning to determine the correct wording for the final plat pertaining to the side yards that need to have a 5' drainage easement-except common lot lines of attached units. The notation pertaining to Lots 4 and 9-12, that these lots shall be exempt from the irrigation easement, shall be removed from the final plat as this language is no longer applicable to these lots. 6. The notation pertaining to the first/second line under (3): Lot 1, Block 2 shall be noted on the final plat as Lot 2, Block 2. 7. Pertaining to notation number (7), no wet ponds shall be allowed, and the developer is proposing no wet ponds, and Munger Engineering, on behalf of the developer, shall work with Planning and Zoning pertaining to all the drainage issues. 8. Provide on the final plat that the total acreage for the Preliminary Plat and Conditional Use Permit is 15.68 acres. 9. Provide on the final plat that the Total Lots are 84, but this will bump up one if the developer adds another right-of--way lot. 10. Provide on the final plat under Minimum House Size: Attached: Lots 3-6, Block 2, and Lots 2-5 and 7-14, Block 3 and Lots 1-12, Block 4, and Detached: Lot 6 and Lots 16-21 and 22-35, Block 3, Lots 13-28, Block 4 and Lots 1-3 and 5-11, Block 5. 11. Provide on the final plat under Proposed Building Setbacks: Garages - 20' front setback. 12. On the Landscape Plan, the developer shall add one tree near the center of the micropath on Lot 15, Block 3. 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 "Owner" and "Developer" or "Owner's" and "Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 23 OF 33 hearing procedures as outlined in LC. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" and "Developer" consent upon default to the de-annexation and/or a reversal of the zoning designation of the "Properly" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and "Developer" and if the "Owner" and "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner" and "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner" and "Developer", "Owner" and "Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Properl}~', fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner" and "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 24 OF 33 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner" and "Developer's" cost, and submit proof of such recording to "Owner" and "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the 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 "Owner" and "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as maybe necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 25 OF 33 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner" and "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner" and "Developer" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the Uriited States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: c/o City Engineer Harris Homes, LLC Ciry of Meridian 10632 North Sagecrest Place 33 E. Idaho Ave. Boise, Idaho 83703 Meridian, ID 83642 with copy to: OWNER: City Clerk Eagle Springs Investments, LLC City of Meridian 10632 North Sagecrest Place 33 E. Idaho Ave. Boise, Idaho 83714 Meridian, ID 83642 DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 26 OF 33 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 "Owner" and "Developer" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner" and "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" and "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be 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 "Owner" and "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "Developer" and "City", other than as are stated herein. Except as DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 27 OF 33 herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Pmpert}~' 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-03-019) PAGE 28 OF 33 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER/ HARRIS HOMES, LLC: BY: Attest: ., ,~._€.a,~d11 OWNER/ EAGLE SRPINGS INVESTMENTS, LLC: BY: Attest: i BY: ~n~~ GK~~~/e6 DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 29 OF 33 CITY OF MERIDIAN BY: ~ MAYOR R T D. CORRI Attest: ,.~`~~,C~l ~ "'~o~~'~. o` ~ ~. ~~ T~ '~~ ~~--~ ~ BEAL ~~ CITY CLERK ~ ~90 ~sr1SS., ~`~~ STATE OF IDAHO ) ''%,9 C ~Pb`~y` ~~, OUi+1N ~ ~.~` :SS ~~/llrylril IHd~it~,, COUNTY OF ADA ) On this r~ ~ day of ~~A y >- , in the year 2003, before me, the undersigned a Notary Public, personally appeared l~-4e..r 1~Zt,r ri 5 and ~ a.y i~ ~ Ico iC known or identified to me to be the ~ e o ~ and w~.e-w.~¢.~ of HARRIS HOMES, LLC, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said HARRIS HOMES, LLC. 1N WITNESS WI-IEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 9&P L~~8~`~ ~7 (SEAL) o~ ~OT.~ j, ~~ * ~~~ ~°[1gLtG N~'~ OF 19~~0 Notary Public for Idaho Residing at: ~o ~sQ l D Commission expires: '7 .a ~ tr DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 30 OF 33 STATE OF IDAHO ) :ss COUNTY OF ADA ) 2003, before DaJ~d E ~ ~ day of ~- , in the year undersigned a Notary Public, personally appeazed known or identified to me to be the ,ut~-e.,~ and of EAGLE SPRINGS INVESTMENTS, LLC, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said EAGLE SPRINGS INVESTMENTS, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~A ~08g t, • y tlpTq,1P j. (SEAL) : * ~'~ t G y AUBLt J+~ ~.•~ ~'•yy~ ^•,....T9 P+2•~•••. •.,,, STATE OF IDAHO ) '°"`~~ :ss County of Ada ) ~G~~ Notary Public for Idaho Residing at: s ase ~ D Commission expires: ~ zr D On this Imo` day of l7eeeN.btr , in the year 2003, before me, a Notary Public, personally appeazed Robert D. Con7e and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) 110TARr i No P blic for Idaho * ~~ * e Re at: r; i tt~ puB1.tG = Co fission expires: oy ~.p m p ~4r., _..w'Z' On this me, the PAGE 31 OF 33 EXHIBIT A Leval Descriation Of Pronertv A parcel of land located in Government Lots 4 and 5 of Section 6, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the northwest comer of said Section 6, from which the''/a corner common to Section 1 of T.3N., R 1 W., and the said Section 6 bears South 00° 17' 16" West, 2658.29 feet; thence South 00° 17' 16" West, 1329.19 feet to the southwest comer of said Government Lot 4 and the REAL POINT OF BEGINNING; Thence along the South line of said Lot 4 North 89°43'38" East, 411.39 feet to a point in the remnants of an old farm ditch; thence along said ditch North 1°13'23" West, 307.00 feet to a point in the center of the Onweiler Lateral (formerly described as the Ridenbaugh Canal); thence along the center of said canal the following courses and distances; South 68°19'06" East, 48.68 feet; South 85°39'01" East, 72.50 feet; North 88°07'00" East, 67.45 feet; North 80°27'34" East, 80.49 feet; North 63°05'39" East, 54.14 feet; North 44°OS' 12" East, 70.58 feet; North 32°55' 12" East, 131.51 feet; North 44°42' 12" East, 53.40 feet; North 51 °02' 12" East, 216.80 feet; North 83°13'00" East, 50.92 feet to a point on the East line of said Lot 4 and the West line of Bedford Place Subdivision, as same is recorded in Book 70 of Plats at Page 7162, records of Ada County, Idaho; thence along said line South 00°19'02" West, 661.67 feet to the southwest corner of said Bedford Place Subdivision; thence along the South line of said Government Lot 4 South 89°43'38" West, 39.70 feet to a point in the center of a drain ditch; thence along said ditch South 35°30' 12" West, 258.83 feet; thence South 53°44'51" West, 493.59 feet; thence departing said ditch South 89°43'38" West, 505.50 feet to a point on the centerline of Meridian Road, being also a point on the West line of afore said Government lot 5; thence along said centerline and said West line North 00°17'16" East, 500.00 feet to the Point of Beginning. Containing 16.00 acres, more or less. DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 32 OF 33 EXffiBIT B Findings of Fact and Conclusions of Law/Conditions of Auoroval Z:\Work4bPMeridianlMeridian 15360RdU3ighgste Sub. AZ-03-019 PP-03-023 CCIP•03-0391Develop.4gr.doc DEVELOPMENT AGREEMENT (AZ-03-019) PAGE 33 OF 33 BEFORE THE MERIDIAN CITY COUNCIL C/C 10-14-03 IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 16.00 ACRES TO R-8 ZONE, FOR PROPOSED HIGHGATE SUBDIVISION, LOCATED ON THE EAST SIDE OF MERIDIAN ROAD, APPROXIMATELY'/ MILE SOUTH OF USTICK ROAD, MERIDL~N, IDAHO HARRIS HOMES, LLC, APPLICANT Case No. AZ-03-019 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on October 14, 2003, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, and Ashley Ford, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1 • There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-019) PAGE 1 OF 18 and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 16.00 acres in size, and is located on the east side of Meridian Road, approximately'/< mile south of Ustick Road, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The parcel of land is contiguous to the existing city limits of the City of Meridian. 5. The owner of record of the subject property is Eagle Springs Investments, LLC. The applicant is Hams Homes, LLC. 6. The property is presently zoned RUT (Ada County) and consists of agricultural land and rural residences. 7. The Applicant requests the property be zoned as R-8 (Medium Density Residential). 8. The Applicant proposes to develop the subject property in the following manner: A residential neighborhood planned development with a mix use of attached and detached housing. 9. The Applicant requests zoning of the subject real property as R-8, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential. 10. There aze no significant or scenic features of major importance that affect the FIIVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-019) PAGE 2 OF 18 consideration of this application. 11. 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 may be used for non- domesticpurposes such as landscape irrigation. 2. A Development Agreement will be required as part of this annexafion request. The development agreement shall include all conditions of the preliminary plat and conditional use permit/planned development. B. Adopt the Recommendations of ACHD as follows: 1. Close the existing driveway with standazd curb, gutter and sidewalk to match existing improvements. 2. Construct one public roadway into the site from Meridian Road, as proposed, in alignment with Claire Street on the west side of the roadway. 3. The submitted design proposes a 78-degree intersection angle. The applicant shall work with staff to increase the angle of the intersection. 4. All public street shall meet the 125-foot offset requirement. A modification of policy is approved for the Richter Avenue/Southgate Avenue offset of approximately 100-feet. 5. Construct all of the internal streets as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks within 50-feet ofright-of--way, as proposed. 6. Extend Richter Avenue into the site at the north property line between Lot 5, Block 2 and Lot 1, Block 4, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-019) PAGE 3 OF 18 Extend Baldwin Street into the site at the east property line between Lo 1, Block 6 and Lot 36, Block 3, as proposed. 8. Construct a stub street to the 6-acre pazcel north of the site, between Lot 1, Block 6 and Lot 29, Block 4, as proposed. Install a sign at the terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Center islands shall be designed with 21-foot street sections on either side of the center island. The applicant shall dedicate sufficient right-of--way on either side of an island. Coordinate the size and design of the center island with traffic services staff. 10. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners associafion. Notes of this shall be required on the final plat. 11. Comply with all Standazd Conditions of Approval. Standard Conditions ofApnroval 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 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 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 acwrdance 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-019) PAGE 4 OF 18 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 theright-of- way. Existing utilifies damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) aze 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/vaziance 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 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation, 4. All roads shall have a fuming radius of 28' inside and 48' outside. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-019) PAGE 5 OF 18 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 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 emergencymedical service vehicles. This cost ofthis installation is to be borne by the developer. D. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: Applicant shall file a Land Use Application prior to final platting. All laterals and waste ways must be protected. The District's Finch Lateral courses along the south boundary. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on stie. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Please contact Donna Moore at 466-7861 for further information. 2. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-019) PAGE 6 OF 18 F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway to recommended pathway standards. 12. 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 Medium Density Residential designation allows for R-4 and R-8 zoning. All surrounding annexed properties on the east side of Meridian Road are also zoned R-8. 14. It is not anticipated that the land to be annexed will be rezoned in the future; nor has the applicant indicated a desire to rezone this property in the future. 15. It is found that the property will be developed in a manner that does not match the standard requirements forthe R-8 zone. However, the zoning request is accompanied by a planned development request to allow reduced development standards including reduced lot sizes, reduced frontage requirements, reduced setbacks, and reduced minimum house size and to exceed block length requirements. If the planned development is approved, the area will be developed consistent to the revised standards. 16. It is found that the surrounding area is developing with single-family residential projects. Most of the land surrounding the subject property that has been annexed is zoned R-8. Other surrounding properties are still in Ada County and are zoned RUT and R l . The density of the proposed project is higher than some of the adjacent subdivisions, which were developed under the R-8 standards without modification. It is very similar to the density and type of development found FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND 7,oNING HIGHGATE SUBDIVISION (AZ-03-019) PAGE 7 OF 18 in the adjacent Silhouette Subdivision, which was recently approved and should have construction beginning soon. 17. It is found that the proposed uses (single family and single family attached residential) match the intended character of the vicinity, as noted on the Future Land Use Map. It is also found that the proposed residential structures can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. The approval of Silhouette Subdivision to the northwest of the subject property altered the essential character of the area to include smaller lots and attached units. 18. It is not anticipated that the proposed uses will be hazardous or disturbing to future or existing neighbors. 19. The Meridian Fire Department has submitted a list of conditions and needs in order to adequately serve the project, and their conditions are listed in number 11 above. The ACRD Commission acted on the application at their August 6, 2003 meeting, and their conditions are listed in number 11 above. Water and sanitary sewer service to the project will be readily available from Meridian Road. 20. If approved, the developer will be financing the extension ofsewer, 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 facilifies and services. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 21. It is found that the proposed residential uses will not be detrimental to the surrounding FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONIIVG HIGHGATE SUBDIVISION (AZ-03-019) PAGE 8 OF 18 property values if the quality of products constructed match the elevations submitted with the accompanying CUP application. It is also found that the proposed use will create additional traffic on adjacent arterial roads. The ACHD report estimates that the proposed development will generate 720 additional vehicle trips per day. It is not anticipated the proposed use will create excessive noise, smoke, fumes, glare, or odors. 22. Ordinance 12-4-2.E.1 states that "streets shall intersect at ninety degrees (90°) or as closely thereto as possible, and in no case shall streets intersect at less than seventy degrees (70°). It is found that the revised plat dated August 11, 2003 has modified the intersection of Claire Street with Meridian Road to be nearly 90°; the prior version was 78°. ACHD has approved the new intersection angle. It is found that the applicant has connected to the existing stub street in Bedford Place Subdivision (Baldwin Street) and the approved stub location in Silhouette Subdivision (Richter Avenue). It is further found that no stub should be required in alignment with Hawk Street, as it would require a bridge over the South Slough and an unreasonable cost for the scale of the proposed development. 23. It is found that the site has several existing mature trees surrounding the existing homes, which are not depicted on the landscape plan. The site plan accommodates the existing trees located along the South Slough, but does not accommodate any of the trees internal to the site. The trees appear to be a mix of willow, oak and other species that may be considered a natural feature of major importance, although some trees do contain some dead wood in them. The applicant should wordinate with the City Arborist, Elroy Huff, at the Parks Department for a determination of any FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDNISION (AZ-03-019) PAGE 9 OF 18 hazazd trees that may be removed without mitigation per Ordinance 12-13-13-6. Any trees removed without such a determination must be mitigated for per the same drdinance. 24. It is found that the annexation of this infill 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. 11, 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. 11 aze 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 chazacter of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or fixture neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fixmes, glare and odors. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the azea of city impact as provided by Idaho Code Section 50-222. The FIIVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-019) PAGE 10 OF 1 S Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The zoning of (R-8) Medium Density Residential is defined in the Zoning Ordinance at § 11-7-2 D as follows: (R-81 Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to pemut 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. 5. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 6. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-019) PAGE 11 OF 18 Subdivision and Development Ordinance of the City of Meridian. 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: The applicant's request for annexation and zoning of approximately 16.00 acres in size to Medium Density Residential (R-8) is granted subject to the terms and conditions ofthis Order hereinafter stated. 2. The application is for annexation and zoning of 16.00 acres in size. The legal description shall be prepazed by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions ofthe City ofMeridian 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 aze 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 of the Meridian Planning & Zoning Department as follows: Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domesticpurposes such as landscape irrigation. FIIVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-019) PAGE 12 OF 18 2. A Development Agreement will be required as part of this annexation request. The development agreement shall include all conditions of the preliminary plat and conditional use perrniUplanned development. B. Adopt the Recommendations of ACHD as follows: 1. Close the existing driveway with standard curb, gutter and sidewalk to match existing improvements. 2. Construct one public roadway into the site from Meridian Road, as proposed, in alignment with Claire Street on the west side of the roadway. 3. The submitted design proposes a 78-degree intersection angle. The applicant shall work with staff to increase the angle of the intersection. 4. All public street shall meet the 125-foot offset requirement. A modification of policy is approved for the Richter Avenue/Southgate Avenue offset of approximately 100-feet. 5. Construct all of the internal streets as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks within 50-feet ofright-of--way, as proposed. 6. Extend Richter Avenue into the site at the north property line between Lot 5, Block 2 and Lot 1, Block 4, as proposed. 7. Extend Baldwin Street into the site at the east property line between Lo 1, Block 6 and Lot 36, Block 3, as proposed. 8. Construct a stub street to the 6-acre pazcel north of the site, between Lot 1, Block 6 and Lot 29, Block 4, as proposed. Install a sign at the terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Center islands shall be designed with 21-foot street sections on either side of the center island. The applicant shall dedicate sufficient right-of--way on either side of an island. Coordinate the size and design of the center island with traffic services staff. 10. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11. Comply with all Standazd Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-019) PAGE 13 OF 18 Standard Conditions ofAp roval 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 maybe damaged during the construcfion of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless. approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 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 (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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDNISION (AZ-03-019) PAGE 14 OF 18 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 restricfions 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 propertyunless 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. C. Adopt the Meridian Fire Department Recommendations as follows: 1. 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. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of 28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. 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 tum around. 7. 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 Nampa & Meridian hrigation District as follows: 1. Applicant shall file a Land Use Application prior to final platting. All laterals and waste ways must be protected. The District's Finch Lateral courses along the south boundary. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on stie. If any surface drainage leaves the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-019) PAGE 15 OF 18 site, the Nampa & Meridian Irrigation District must review drainage plans. Please contact Donna Moore at 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradafion. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Construct pathway to recommended pathway standards. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staffofthe Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-019) PAGE 16 OF 18 with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS 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 may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ,~ / By action of the City Council at its regulaz meeting held on the ~ ~~ day of /'~©~~~~~ , 2003. ROLL CALL COUNCILMAN KEITH BIRD VOTED~~ COUNCILWOMAN TAMMY deWEERD VOTED~r-Z.- COUNCILWOMAN CHERIE Mc LANDLESS VOTED l/ COUNCILMAN WILLIAM L.M. NARY VOTED~a- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-019) PAGE 17 OF 18 MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: rl ~- d 3 MOTION: APPROVED:~~ DISAPPROVED: ~p~,~~ Attest: --'--- v"`y ,~~~ry ,~, deGr/re~C. ~ /~r~t~iC~,f-Ci~ L'~v«n~~~ C~i' \~~a~r ter; rya '°v w-. illiam G. Berg, Jr., Ci lerl ? ~~ o^' '? ~d9 ~r r sR .10 ~4 `\ ';. Copy served upon Applicant, the Planning the City Attorney. BY~ ~--~/~ ted: Ciry Clerk Z:\WorkiY~MeridimN-Ieddiaa 15360M~I-tighgate Sub. A2;,-03-019 PP-03-023 VOTED Public Works Department and ```,,~~iru!!!! i rrrrrr i; . ~, Cif ~~e-`.` ., ~?-0 '', •,~ -9 \tyQ ~,• CUP•03-039WZFft,`18cd~~i~~1;^.j~`{ ~ `e FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING HIGHGATE SUBDIVISION (AZ-03-019) PAGE 18 OF 18