HomeMy WebLinkAboutSageland PD AZ 03-015 DAADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IOANO 03/24/04 11:32 AM
DEPUTY Kafhy Ingraham ~
RECORDED-REQUEST OF III I'llllll'IfIII'll'll"IIIIIII'I'II
Meridian City
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DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Chazles H. and Vickie A. Richazdson, Owner
2. Quasar Development, LLC, Developer
THIS ~DhEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this~~ day of ~ G/I,c~6. , 2004, by and between CITY OF
MERIDIAN, a municipal corporation of the State of Idaho, hereafter called ``CITY', and
CHARLES H. and VICffiE A. RICHARDSON, whose address is 1835 E. Victory Road,
Meridian, Idaho 83642, hereinafter called "OWNER", and QUASAR DEVELOPMENT,
LLC, whose address is 3090 Gentry Way, Meridian, Idaho 83642, hereinafter called
"DEVELOPER".
RECITALS:
1.1 WHEREAS, "OWNER" is the sole owner, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described
in Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the "Owner" and/or "Developer" make a written commitment
concerning the use or development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (R-8) Medium Density
Residential District, (Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Developer" made representations at the public
hearings both before the Meridian Planning & Zoning Commission
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 1 OF 34
and before the Meridian City Council, as to how the subject
"Property" will be developed and what improvements will be
made; and
1.6 WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
before the Planning & Zoning Commission, and subsequently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment;
and
1.7 WHEREAS, City Council, the 6~ day of ~~ ~ , 2004, 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, hereinafrer 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 governrent subdivisions providing
services within the planning jurisdiction and from affected property
owners and to ensure annexation and zoning designation is in
accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and the
Zoning and Development Ordinances codified in Meridian City
Code Title 11 and Title 12.
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 2 OF 34
NOW, THEREFORE, inconsideration of the covenants and conditions
set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as
herein provided for, unless the clear context of the presentation of the same requires
otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision 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 Quasar Development, LLC,
whose address is 3090 Gentry Way, Meridian, Idaho 83642, the
party developing said "Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
3.3 "OWNER": means and refers to Charles H. and Vickie A.
Richardson, whose address is 1835 E. Victory Road, Meridian,
Idaho 83642, the party owning said "Property" being developed
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.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (Dl which are herein specified as follows:
DEVEI,oPMENT AGREEMENT (AZ-03-015)
PAGE 3 OF 34
Construction and development of a planned development
consisting of 41 building lots with 9 other lots on 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: ``Developer' has
submitted to "City" an application for conditional use permit, and shall be required to
obtain the "City's" approval thereof, in accordance to the City's Zoning & Development
Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement
of construction of any buildings or improvements on the "Property" that require a
conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A "Developer" shall develop the "Properly" in accordance with the
following special conditions:
ANNEXATION AND ZONING CONDITIONS:
A. Adopt the 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, when services aze available from
the City of Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation.
2. The following are addressed within this Development Agreement: pathway standards
and fencing requirements for the Pathway and micropaths.
B. Adopt the Recommendations of the ACRD as follows:
The Board of Commissioners authorizes the expenditure of available collected
impact fees for the purchase ofright-of--way dedicated by the applicant, with the
applicant constructing a sidewalk as described below. However, if funds cannot
be secured, the applicant shall do one of the following:
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 4 OF 34
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the
applicant's specific development project) a total of 35-feet ofright-of--way
from centerline (an additional 10-feet ofright-of--way) along Victory Road,
and construct a minimum 5-foot wide concrete sidewalk along Victory Road,
located a minimum of 28-feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Victory Road, located a minimum of 28-feet from the
centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Victory Road, located at the back edge of the existing
right-of--way. Accomplish all necessary adjustments to properly accommodate
existing drainage and utilities.
2. The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet from centerline (an additional 10-feet)
ofright-of--way along Locust Grove Road, and construct a minimum 5-foot
wide concrete sidewalk along Locust Grove Road, located a minimum of 28-
feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Locust Grove Road, located a minimum of 28-feet
from the centerline of the right-of--way, in an easement provided to the
District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Locust Grove Road, located at the back edge of the
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
3. Construct West Sagemoor Street to intersect Victory Road approximately 185-feet
west of the east property line, as proposed.
4. Construct West Sagemoor Street to intersect Locust Grove Road approximately
350-feet north of Victory Road, as proposed.
Construct West Sagemoor Street as a 29-foot street section with curb, gutter and
detached 4-foot concrete sidewalk with parking on one side of the roadway within
50-feet ofright-of--way, as proposed. Parking will be restricted on one side of the
roadway and adequate signage will be required. (The 4-foot concrete sidewalk
was approved by Andrea Tuning of ACRD via email on March 9, 2004.)
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 5 OF 34
6. Constmct South Savia Place as a 29-foot street section with curb, gutter and
sidewalk within 42-feet ofright-of--way, a proposed. Parking will be restricted on
one side of the roadway and adequate signage will be required.
7. Construct a private road, South Sagemoor Lane, to intesect West Sagemoor Drive
approximately 215-feet west of West Sagemoor Street. Terminate the private
road at the northern property line of the proposed landscape buffer and install
traffic bollazds to minimize the connection.
8. If the City of Meridian approves the private road, pave the private roadway a
minimum of 20 to 24-feet wide and at least 30-feet into the site beyond the edge
of pavement of West Sagemoor Drive and install pavement tapers with 15-foot
curb radii abutting the existing roadway edge. Provide a plan showing how the
private road grade meets the public road.
Street name and stop signs are required for the private road. Verification of the
correct, approved name of the road is required.
9. Construct a cul-de-sac tumazound without a center island at the terminus of South
Savia Place. Provide a minimum turning radius of 45-feet for the turnaround.
10. Victory Road and Locust Grove Road aze classified roadways. Other than the
access points that are specifically approved with this application, direct lot access
to Locust Grove Road and Victory Road aze prohibited. Notes of the lot access
restrictions are 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.
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.
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 6 OF 34
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (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. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. 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
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 7 OF 34
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 Recommendations of the Meridian Fire Department as follows:
The project which comprised of single 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.
The proposed fire hydrant locations will be submitted to the Public Works for plan
review.
4. All roads and fire lanes 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
D. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows:
The District requires a Land Use Application to be filed for review prior to final
platting for PP-03-020. All laterals and waste ways must be protected. The District's
Eight Mile Lateral courses along the east and north 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 site. If any surface drainage leaves the site, the District
must review drainage plans. The developer must comply with Idaho Code 31-3805.
E. Adopt the Recommendations of the Parks Department as follows:
1. Any proposed pathways must conform to the recommended pathway standards.
F. Adopt the action of the City Council taken at their January 6, 2004 meeting as
follows:
The developer has submitted an approved Preliminary Plat dated 12/29/2003 with the
DEVELOPMENT AGREEMENT (AZ-03-O15)
PAGE 8 OF 34
Transmittal Letter dated 12/31/03, and which provides for a traffic calming island at
the intersection of S. Signorello Lane and E. Sagemoore Drive. This Plat is
approved.
2. The developer shall be allowed a reduced rear setback of five feet but it shall only
apply to garages only.
PRELII~IINARY PLAT CONDITIONS:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1. Install a swing gate on proposed private street per the recommendation of the
Meridian Fire Department.
2. Add 28' feet of grass Crete and subtract 28' of asphalt from the proposed private
street.
3. Add a third bullet on page 10, item 10, to add a note on the plat requiring across-
access agreement for each set of shared driveways.
4. Add a second bullet on page 10, item 10, to add a note on the plat stating that no
sight obscuring fence shall be taller than 4' in height along the regional pathway,
micropaths, or open areas.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Sanitary sewer and water service to this site shall be via main line extensions from
existing mains in the area. Applicant will be responsible for constructing the sewer
and water mains to and through this proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department
The developers of the Tuscany Village Subdivision, located at the southwest corner
of Victory Road and Locust Grove Road, have proposed to extend the Ten Mile trunk
line through their proposed subdivision, rather than following Meridian's Public
Works master plan which shows the Ten Mile Trunk route following Victory Road
and Locust Grove. If the Meridian City Council approves this alternate route for the
Ten Mile Trunk at their September 9a' meeting, sewer will not be readily accessible
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 9 OF 34
to the developers of the Sageland Subdivision, and a substantial amount of off-site
main would have to be installed by this developer.
2. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded
for the pedestrian pathway prior to the final plat being recorded. The instrument
number for the easement shall be referenced on the fmal plat. The easement shall be
sufficient width to cover the 20-foot wide pathway shown. The 10-foot wide hard
surfaced pathway shall be constructed and fully improved prior to the issuance of the
first Certificate of Occupancy for any building within the subdivision. Additionally, a
note shall be added to the face of the final plat indicating the City of Meridian is
responsible for the maintenance of the pathway surface located within the easement.
The note shall also indicate who will be responsible for landscaping maintenance
within the easement.
Underground yeaz-round pressurized irrigation must be provided to all landscape
areas on site. The applicant has indicated that the pressurized irrigation system within
this development is to be connected to an existing Nampa & Meridian Irrigation
District system. If a single-point backup 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.
4. A detailed landscape plan shall be submitted with the final plat application. The
detailed landscape plan shall include a 6' wrought iron fence along the western and
southern edges of the proposed neighborhood park to make it more difficult for
children using the neighborhood park to come into contact with traffic on Locust
Grove Road and Victory Road.
5. Revise the proposed Private Street to meet the Private Street standards of Meridian's
Planned Development ordinance.
6. All grading of the site shall be performed in conformance with MCC 11-12-3H.
Submit up-to-date groundwater monitoring report to the Public Works Department
for review. The report submitted with the application only identifies the groundwater
elevation on the day the test holes were dug in April. The initial study indicates that
shallow groundwater may be a factor. All drainage areas (detention/retentionbasfns)
must be designed to ensure that water is retained only during 100-year storm events,
and for a period of time not to exceed 24 hours. Side slopes within drainage areas
shall not exceed 3:1. The project engineer should pay close attention to the results of
field studies determining the groundwater, soil type & and characteristics during the
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 10 OF 34
design and construction phases. The engineer shall be required to certify that the
street centerline elevations aze set a minimum of 3-feet above the highest established
normal groundwater elevation. This is to ensure that the bottom elevation of the
crawl spaces of homes is at least 1-foot above groundwater.
8. Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8. (4-foot concrete sidewalks are approved by
the Planning and Zoning Department via email from Wendy Kirkpatrick dated March
9, 2004.)
9. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
10. Add or revise the following preliminary plat notes:
•Add a note to the face ofthe plat that requires any re-subdivision of this plat to be in
compliance with the most recently approved subdivision standards of the City of
Meridian.
•Add a note to the face of the plat stating that no sight-obscuring fence shall be taller
than four feet in height.
11. Ten (10) copies of the revised plat has been submitted to the City Clerk's Office for
this plat stamp dated December 29, 2003.
GENERAL COMMENTS
1. Submit a copy of the Ada County Street Name Committee's 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 City 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, play equipment, pressurized irrigation, sanitary sewer, water,
etc., prior to signature on the final plat.
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 11 OF 34
4. All micro-paths within the proposed subdivision shall be designed in accordance with
MCC 12-13-15 "Micropath Landscaping".
5. A detailed landscape plan, in compliance with the landscape ordinance shall be
submitted for the subdivision with the final plat application.
6. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-
13-10-8. (4-foot concrete sidewalks aze approved by the Planning and Zoning
Department via email from Wendy Kirkpatrick dated Mazch 9, 2004.)
7. 250 and 100-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. Final design locations and quantity are determined after power designs are
completed by Idaho Power Company. The street light contractor shall obtain design
and permit from the Public Works Department prior commencing installations.
8. The subj ect property has a number of mature trees. 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.
9. Developer shall coordinate mailbox locations with the Meridian Post Office.
10. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8.
Wells maybe used for non-domestic purposes such as landscape irrigation.
11. Compaction test results must be submitted to the Meridian Building Department for
all building pads receiving engineered backfill, where footing would sit atop fill
material.
12. Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three feet
above the highest established normal groundwater elevation.
C. Adopt the Recommendations of ACRD as follows:
DEVELOPMENT AGREEMENT (AZ-03-OIS)
PAGE l2 OF 34
The Board of Commissioners authorizes the expenditure of available collected
impact fees for the purchase ofright-of--way dedicated by the applicant, with the
applicant constructing a sidewalk as described below. However, if funds cannot
be secured, the applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the
applicant's specific development project) a total of 35-feet ofright-of--way
from centerline (an additional 10-feet ofright-of--way) along Victory Road,
and construct a minimum 5-foot wide concrete sidewalk along Victory Road,
located a minimum of 28-feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Victory Road, located a minimum of 28-feet from the
centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewallc along Victory Road, located at the back edge of the existing
right-of--way. Accomplish all necessary adjustments to properly accommodate
existing drainage and utilities.
The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet from centerline (an additional 10-feet) of
right-of--way along Locust Grove Road, and construct a minimum 5-foot wide
concrete sidewalk along Locust Grove Road, located a minimum of 28-feet
from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from
the centerline of the right-of--way, in an easement provided to the District.
c.Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Locust Grove Road, located at the back edge of the
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
Construct West Sagemoor Street to intersect Victory Road approximately 185-feet
west of the east property line, as proposed.
4. Construct West Sagemoor Street to intersect Locust Grove Road approximately
350-feet north of Victory Road, as proposed.
5. Construct West Sagemoor Street as a 29-foot street section with curb, gutter and
DEVELOPMENT AGREEMENT (AZ-03-O15)
PAGE l3 OF 34
detached 4-foot concrete sidewalk with pazking on one side of the roadway within
50-feet ofright-of--way, as proposed. Pazking will be restricted on one side of the
roadway and adequate signage will be required. ((The 4-foot concrete sidewalk
was approved by Andrea Tuning of ACHD via email on Mazch 9, 2004.)
6. Construct South Savia Place as a 29-foot street section with curb, gutter and
sidewalk within 42-feet of right-of--way, a proposed. Parking will be restricted on
one side of the roadway and adequate signage will be required.
7. Construct a private road, South Sagemoor Lane, to intesect West Sagemoor Drive
approximately 215-feet west of West Sagemoor Street. Terminate the private
road at the northern property line of the proposed landscape buffer and install
traffic bollards to minimize the connection.
8. If the City of Meridian approves the private road, pave the private roadway a
minimum of 20 to 24-feet wide and at least 30-feet into the site beyond the edge
of pavement of West Sagemoor Drive and install pavement tapers with 15-foot
curb radii abutting the existing roadway edge. Provide a plan showing how the
private road grade meets the public road.
Street name and stop signs are required for the private road. Verification of the
correct, approved name of the road is required.
9. Construct a cul-de-sac turnazound without a center island at the terminus of South
Savia Place. Provide a minimum turning radius of 45-feet for the turnaround.
10. Victory Road and Locust Grove Road are classified roadways. Other than the
access points that are specifically approved with this application, direct lot access
to Locust Grove Road and Victory Road are prohibited. Notes of the lot access
restrictions are required on the final plat.
11. Comply with all Standazd 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 home by the developer.
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 14 OF 34
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 the District's Utility Coordinator at
387-6258 (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.
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. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. 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 the applicant to obtain written confirmation of
any change from the Ada County Highway District.
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE IS OF 34
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.
D. Adopt the Meridian Fire Department Recommendations as follows:
The project which comprised of single 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.
Final approval of the fue hydrant locations shall be by the Meridian Fire Department.
The proposed fire hydrant locations will be submitted to the Public Works for plan
review.
4. All roads and fire lanes shall have a fuming 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
6. Traffic bollards depicted at the southern entrance to S. Signorello Lane, the
proposed private drive, need to be removed from the plat.
7. Note that parking is prohibited on both sides of S. Signorello Lane.
8. Note that parking is prohibited on the southern side of E. Sagemoor Drive and the
west side of S. Siduri Lane.
9. Note that parking is prohibited in front of lots 20, 21, 22, and 23 of Block 2 along
the western side of S. Savia Place.
E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows:
DEVELOPMENT AGREEMENT (AZ-03-O15)
PAGE 16 OF 34
Applicant shall apply for a Land Use Change/Site Application and filed for review
prior to final platting for PP-03-020. All laterals and waste ways must be
protected. The District's Eight Mile Lateral courses along the east and north
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 site. If any
surface drainage leaves the site, the District must review drainage plans. The
developer must comply with Idaho Code 31-3805.
F. Adopt the Recommendations of the Central District Health Department as
follows:
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.
The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
G. Adopt the Recommendations of the Parks Department as follows:
The pathway must comply with the recommended pathway standards.
H. Adopt the action of the City Council taken at their January 6, 2004 meeting as
follows:
1. The revised submitted plat Exhibit "B" adds a note to reflect that rear yard
setbacks for detached garages shall be 5 feet.
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 17 OF 34
2. The developer has submitted an approved Preliminary Plat dated 12/29/2003 with
the Transmittal Letter dated 12/31/03, and which provides for a traffic calming
island at the intersection of S. Signorello Lane and E. Sagemoore Drive. This Plat
is approved.
The revised Preliminary Plat denotes 41 building lots with 9 other lots.
CONDITIONAL U5E PERIVIIT CONDITIONS:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Applicant shall meet all of the requirements of the preliminary plat as a condition of
the Conditional Use Permit.
2. All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
3. The reductions to the frontage and minimum lot sizes are approved as submitted,
with the clarification that the reduced rear setback of five feet only applies to
garages.
B. Adopt the Recommendations of the Ada County Highway District as follows:
The Board of Commissioners authorizes the expenditure of available collected
impact fees for the purchase ofright-of--way dedicated by the applicant, with the
applicant constructing a sidewalk as described below. However, if funds cannot
be secured, the applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the
applicant's specific development project) a total of 35-feet ofright-of--way
from centerline (an additional 10-feet ofright-of--way) along Victory Road,
and construct a minimum 5-foot wide concrete sidewalk along Victory Road,
located a minimum of 28-feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Victory Road, located a minimum of 28-feet from the
centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Victory Road, located at the back edge of the existing
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 18 OF 34
right-of--way. Accomplish all necessary adjustments to properly accommodate
existing drainage and utilities.
2. The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet from centerline (an additional 10-feet)
ofright-of--way along Locust Grove Road, and construct a minimum 5-foot
wide concrete sidewalk along Locust Grove Road, located a minimum of 28-
feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Locust Grove Road, located a minimum of 28-feet
from the centerline of the right-of--way, in an easement provided to the
District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Locust Grove Road, located at the back edge of the
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
Construct West Sagemoor Street to intersect Victory Road approximately 185-feet
west of the east property line, as proposed.
4. Construct West Sagemoor Street to intersect Locust Grove Road approximately
350-feet north of Victory Road, as proposed.
5. Construct West Sagemoor Street as a 29-foot street section with curb, gutter and
detached 4-foot concrete sidewalk with pazking on one side of the roadway within
50-feet ofright-of--way, as proposed. Parking will be restricted on one side of the
roadway and adequate signage will be required. (The 4-foot concrete sidewalk
was approved by Andrea Tuning of ACHD via email on Mazch 9, 2004.)
6. Construct South Sauia Place as a 29-foot street section with curb, gutter and
sidewalk within 42-feet ofright-of--way, a proposed. Parking will be restricted on
one side of the roadway and adequate signage will be required.
Construct a private road, South Sagemoor Lane, to intesect West Sagemoor Drive
approximately 215-feet west of West Sagemoor Street. Terminate the private
road at the northern property line of the proposed landscape buffer and install
traffic bollazds to minimize the connection.
8. If the City of Meridian approves the private road, pave the private roadway a
DEVELOPMENT AGREEMENT (A~03-015)
PAGE l9 OF 34
minimum of 20 to 24-feet wide and at least 30-feet into the site beyond the edge
of pavement of West Sagemoor Drive and install pavement tapers with 15-foot
curb radii abutting the existing roadway edge. Provide a plan showing how the
private road grade meets the public road.
Street name and stop signs are required for the private road. Verification of the
correct, approved name of the road is required.
9. Construct a cul-de-sac turnazound without a center island at the terminus of South
Savia Place. Provide a minimum turning radius of 45-feet for the turnaround.
10. Victory Road and Locust Grove Road aze classified roadways. Other than the
access points that are specifically approved with this application, direct lot access
to Locust Grove Road and Victory Road are prohibited. Notes of the lot access
restrictions are required on the final plat.
11. Comply with all Standazd Conditions of Approval.
Standard Conditions of Approval
Any existing imgadon 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 the District's Utility Coordinator at
387-6258 (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 ACRD 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
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 20 OF 34
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. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. 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 (spare or filled) are compromised during
any phase of constructlon.
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 Recommendations of the Meridian Fire Department as follows:
The project which comprised of single 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
DEVELOPMENT AGREEMENT (AZ-03-O15)
PAGE 21 OF 34
Water Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
The proposed fire hydrant locations will be submitted to the Public Works for plan
review.
4. All roads and fire lanes shall have a fuming 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. Traffic bollards depicted at the southern entrance to S. Signorello Lane, the
proposed private drive, need to be removed from the plat.
Note that parking is prohibited on both sides of S. Signorello Lane.
Note that parking is prohibited on the southern side of E. Sagemoor Drive and the
west side of S. Siduri Lane.
9. Note that pazking is prohibited in front of lots 20, 21, 22, and 23 of Block 2 along
the western side of S. Savia Place.
D. Adopt the Recommendations of Central District Health Department as follows:
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 stotmwater disposal and design a
stormwater management system that prevents groundwater and surface water
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 22 OF 34
degradation.
E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows:
Applicant shall apply for a Land Use Change/Site Application and filed for review
prior to final platting for PP-03-020. All laterals and waste ways must be
protected. The District's Eight Mile Lateral courses along the east and north
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 site. If any
surface drainage leaves the site, the District must review drainage plans. The
developer must comply with Idaho Code 31-3805.
F. Adopt the Recommendations of the Parks Department as follows:
The pathway must comply with the recommended pathway standards.
G. Adopt the action of the City Council taken at their January 6, 2004 meeting as
follows:
1. The developer has submitted an approved Preliminary Plat dated 12/29/2003 with
the Transmittal Letter dated 12/31/03, and which provides for a traffic calming
island at the intersection of S. Signorello Lane and E. Sagemoore Drive. This Plat
is approved.
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/or "Developer" or "Owner" and/or
"Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions
Governing Development" of subject "Property" of this agreement within two years of the
date this Agreement is effective, and after the "City" has complied with the notice and
hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or
recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 23 OF 34
"Owner'' and/or "Developer" consent upon default to the de-annexation
and/or a reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
8.1 That the "City" provide written notice of any failure to comply
with this Agreement to "Owner" and/or "Developer" and if the
"Owner" and/or "Developer" fails to cure such failure within six
(6) months of such notice.
9. INSPECTION: "Owner" and/or "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/or "Developer", "Owner' and/or
"Developer's" heirs, successors, assigns, or subsequent owners of
the "Property" or any other person acquiring an interest in the
"Property", fail to faithfully comply with all of the terms and
conditions included in this Agreement in connection with the
"Property", this Agreement 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/or "Developer"
of any one or more of the covenants or conditions hereof shall
apply solely to the breach and breaches waived and shall not bar
any other rights or remedies of "City" or apply to any subsequent
breach of any such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Developer's" cost, and submit proof of such recording to "Owner" and/or "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
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 24 OF 34
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 "City" or "Owner" and/or "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 hi the event of a material breach of this Agreement, the parties
agree that "City" and "Owner" and/or "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 may be
necessary to complete the curing of the same with diligence and
continuity.
13.2 In the event the performance of any covenant to be performed
hereunder by either "Owner" and/or "Developer" or "City" is
delayed for causes which are beyond the reasonable control of the
party responsible for such performance, which shall include,
without limitation, acts of civil disobedience, strikes or similar
causes, the time for such performance shall be extended by the
amount of time of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, 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/or "Developer" agrees to provide, if required by
the "City".
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 25 OF 34
15. CERTIFICATE OF OCCUPANCY: The "Owner" and/or "Developer"
agrees that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" and "Owner" and/or "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/or
"Developer" agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not
meet the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
DEVELOPER:
Quasar Development,. LLC
3090 Gentry Way
Meridian, Idaho 83642
OWNER:
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Charles H. and Vickie A. Richardson
1835 E. Victory Road
Meridian, Idaho 83642
17.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable attorney's
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 26 OF 34
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/or "Developer" of the
"Properly", 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/or "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/or "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/or
"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 /or "Developer" and "City", other than as are stated herein. Except
as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect
to "City", to a duly adopted ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions governing development
of the subject "Property" herein provided for can be modified or amended
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 27 OF 34
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-03-015)
PAGE 28 OF 34
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
DEVELOPER:
BY: /6 ~ rev vV---
n.an a~ 141/QI'p -p~..~rer~~r~t@2f
Attest:
BY:
/~~r~
OWNER:
BY:
CHARLES H. RICHARDSON
BY:I/iG~
VICKIE A. HARDSON
DEVELOPMENT AGREEMENT (AZ-03-O15)
PAGE 29 OF 34
CITY OF MERIDIAN
BY: /[l1/r//l,
de WEERD
Attest:
~s2~~
CITY CLERK
STATE OF IDAHO )
:SS
COUNTY OF ADA )
,.~~y pF Via,
(j \J~RPactq rFo
SEAL
~~
'ya~~USr ts~ ~, Q,2~.
~q„ ~~~a~~q!I'9i Y ~. ,1P~n
On this /5~ day of ~Q r('~ J , in the yeaz
2004, before me, a Notary Public, personally appeared
-4~/IanoQa ~}~1/1~Lf'y and 3~ad W1rnRS~`2/1 ,
known or identified to me to be the bC and
r>tp w/\~p.2 d` of QUASAR D VELOPMENT, LLC, and the persons
who executed the instrument and acknowledged to me that they having executed the same on
behalf of said limited liability corporation.
E FRF ..
(SEAL) J~~"' ~ "''F~ of Public for Idaho
.~'~=pTA,Qj :o Residing at: ~/~~ C~/1~/Jf2C~
_~_ Commission expires:3-3 20/U
AVB t~G
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 30 OF 34
STATE OF IDAHO )
as
COUNTY OF ADA )
i~
On this ~~ 1 day of ~ $c2Cl.1 , in the year
2004, before me, a Notary Public, personally appeared CHARLES H. and VICHIE A.
RICHARDSON, husband and wife, known or identified to me to be the persons who
executed the instrument and acknowledged to me that they having executed the same.
~t~L' ~HA~d
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STATE OF IDAHO )
:ss
County of Ada )
Notary Pub is flor Idaho f ~/ _
Residing at: f}di ~ CO~ ~ duo
Commission expires: fD-0~"D7
On this ~3 r~ day of /~1C{YG11 , in the yeaz 2004,
before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg,
know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said
City, and acknowledged to me that such City executed the same.
(SEAL)
9 .....•• .t. ,
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DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 31 OF 34
EXHIBIT A
LeEal Description Of Property
A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST'/4
OF THE SOUTHWEST''/4 OF SECTION 20, T.3N, R. lE., B.M., ADA
COUNTY, IDAHO,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CORNER COMMON TO SECTIONS 19, 20, 29,
AND 30 OF T. 3N., R. lE., B.M.:
THENCE N 00°44'50" E FOR A DISTANCE OF 534.95 FEET ALONG
THE LINE COMMON TO SAID SECTIONS 19 AND 20, WHICH IS
ALSO THE CENTERLINE OF SOUTH LOCUST GROVE ROAD;
THENCE N 89°22' 14" E FOR A DISTANCE OF 323.49 FEET TO THE
CENTERLINE OF THE EIGHT MILE LATERAL;
THENCE ALONG SAID CENTERLINE THE FOLLOWING COURSES
AND DISTANCES: S 77°11'52" E FOR A DISTANCE OF 523.60 FEET
TO THE BEGINNING OF A CURVE TO THE RIGHT, (FORMERLY
DESCRIBED ASS 77°11'40" E, 523.65);
THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE RIGHT
FOR AN ARC DISTANCE OF 155.25 FEET, SAID CURVE HAVING A
RADIUS OF 120.00 FEET, A CENTRAL ANGLE OF 74°07'42", AND
A LONG CHORD WHICH BEARS S 40°08'01" E FOR A DISTANCE
DEVELOPMENT AGREEMENT (AZ-03-O15)
PAGE 32 OF 34
OF 144.65 FEET (SAID CURVE FORMERLY DESCRIBED AS
HAVING AN ARC LENGTH OF 155.19 FEET, A RADNS OF 119.96
FEET, AND A CENTRAL ANGLE OF 74°0730");
THENCE S 03 °04' 10" E FOR A DISTANCE OF 319.40 FEET TO THE
LINE COMMON TO SAID SECTIONS 20, AND 29, WHICH IS ALSO
THE CENTERLINE OF EAST VICTORY ROAD;,
THENCE LEAVING SAID CENTERLINE OF LATERAL N 89°34'22"
W FOR A DISTANCE OF 951.40 FEET ALONG THE LINE COMMON
TO SAID SECTIONS 20, AND 29, TO THE POINT OF BEGINNING.
SUBJECT TO THE RIGHT-OF-WAY OF LOCUST GROVE ROAD
AND VICTORY ROAD. CONTAINING A NET AREA OF 9.80
ACRES MORE OR LESS.
DEVELOPMENT AGREEMENT (AZ-03-015)
PAGE 33 OF 34
EXI3IBIT B
Findinss of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-03-O15)
PAGE 34 OF 34
BEFORE THE MERIDIAN CITY COUNCIL
C/C 09/23/03 -
Re-noticed due
to plat changes
C/C 10/14/03
C/C 10/21/03
C/C 10/28/03
C/C 11/12/03
C/C 11/25/03
C/C 12/49/03
GC 12/16/03
C/C 01/06/04
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 9.8 ACRES FOR
PROPOSED SAGELAND PLANNED
UNIT DEVELOPMENT, LOCATED
AT THE NORTHEAST CORNER
OF SOUTH LOCUST GROVE
ROAD AND EAST VICTORY
ROAD, MERIDLAN, IDAHO
QUASAR DEVELOPMENT,
APPLICANT
)
}
Csse No. AZ-03-015
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public hearing
on September 23, 2003,andthen re-noticed to October 14, 2003, and continued until October 21,
2003, October 28, 2003, November 12, 2003, November 25, 2003, December 9, 2003, December
16, 2003 and January 6, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND 20N1ATG SAGELAND PLANNED DEVELOPIVIENT
(AZ-03-015)
PAGE 1 OF 19
the Planning and Zoning Department, Brad Watson of the Public Works Department, Wayne
Forrey, Bruce Mills, and Lucian Yamaha, appeared and testified, and the City Council having
duly considered the evidence and the record in this matter therefore makes the following
Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3. The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 9.8acres in size and is located at the
northeast corner of South Locust Crrove Road and East Victory 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 owners of record of the subject property are Charles H. and Vickie A.
Richardson. Applicant is Quasar Development, LLC.
5. The property is presently zoned RUT and Rl {Ada County), and consists of vacant
land.
6. The Applicant requests the property be zoned as R-8 (Medium Density
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPM INT
(AZ-03-015)
PAGE 2 OF l9
Residential).
7. The subject property is bordered to the north by R-4, to the south by RUT, to the
east by R 4, and to the west by RUT.
8. The Applicant proposes to develop the subject property in the following manner.
a 41 building lots with 9 other lots.
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 are no significant or scenic features of major importance that afi'ect the
wnsideration of this application.
11. The City Council recognizes the concerns of Matt Schultz expressed in his letter
dated August 15, 2003.
12. Giving due consideration to the commetrts received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A. Adopt the Recommendations ofthe Meridian Planning & Zoning Department as follows:
1. Remove any existing domestic wells and/or septic systems within this project from their
domestic service, per City Ordinartce Section 5-7-517, when services are available from the City
of Meridian. Wells may be used fornon-domestic purposes such as landscape irrigation.
2. A Development Agreement shall be required, the following shall be addressed in the
Development Agreement: pathway standards and fencing requirements for the Pathway and
nvcropaths.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03.015)
PAGE 3 OF 19
B. Adopt the Rewmmendations of the ACHD as follows:
]. The Boazd of Commissioners authorizes the expenditure of available collected impact
fees for the purchase ofright-of--way dedicated by the applicant, with the applicant
constructing a sidewalk as described below. However, if funds cannot be secured, the
applicant shall do one of the following:
a. Dedicate by donation (or through a developmen offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the applicant's
specific development groject) a total of 35-feet ofright-of--way from centerline {an
additional 10-feet of right-of--way) along Victory Road, and construct a minimum 5-
foot wide concrete sidewalk along Victory Road, located a minimum of 28-feet from
the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Victory Road, located a minimum of 28-feet from the
centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Victory Road, located at the back edge of the existing right-
of-way. Accomplish all necessary adjustments to properly accommodate existing
drainage and utilities.
2. The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet from centerline {an additional 10-feet) of right-
of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete
sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline
of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a miniunum S-foot wide
concrete sidewalk along Locust Grove Road, located a minimum of 26-feet from the
centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Locust Grove Road, located at the back edge of the existing
right-of--way. Accomplish all necessary adjustments to properly accommodate
existing drainage and utilities.
Construct West Sagemoor Street to intersect Victory Road approximately 185-feet west
of the east property line, as proposed
4. Construct West Sagemoor Street to intersect Locust Grove Road approximately 350-feet
north of Victory Road, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-D3-015) pAGE 4 OF 14
S. Construct West Sagemoor Street as a 29-foot street section with curb, gutter and detached
5-foot concrete sidewalk with parking on one side of the roadway within 50-feet of right-
of-way, as proposed. Parking will be restricted on one side of the roadway and adequate
signage will be required.
6. Construct South Savia Place as a 29-foot street section with curb, gutter and sidewalk
within 42-feet ofright-of--way, a proposed. Parking will be restricted on one side of the
roadway and adequate signage will be required.
Construct a private road, South Sagemoor Lane, to intesect West Sagemoor Drive
approximately 215-feet west of West Sagemoor Street. Terminate the private road at the
northern property line of the proposed landscape buffer and install traffic bollards to
minimize the connection.
8. If the City of Meridian approves the private road, pave the private roadway a minimum of
20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement of West
Sagemoor Drive and install pavement tapers with 15-Foot curb radii abutting the existiug
roadway edge. Provide a plan showing how the private road grade meets the public road.
Street name and stop signs are required for the private road. Verification of the correct,
approved name of the road is required.
9. Construct a cul-de-sac turnaround without a center island at the terminus of South Savia
Place. Provide a m;n;mum turning radius of 45-feet for the turnaround.
] 0. Victory Road and Locust t.rrove Road are classified roadways. Other than the access
points that are specifically approved with this application, direct lot access to Locust
Crrove Road and Victory Road are prohibited. Notes ofthe lot access restrictions are
required an 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 maybe damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-Q15) pAGE S OF 19
Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Corrtact the District's Utility Cocrdinator at 387-6258 (with file
numbers) for details.
All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction.Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
The applicant shall submit revised plans far staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
6:
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 aze required prior to building construction in
accordance with Ordinance # 147, 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. The applicant at no cost to' ACHD shall repair existing utilities damaged by the
applicant. 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 (spare
or filled) are compromised during any phase of construction.
10. No change in the terms and wnditions 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 plarmed use of the property which is the subject of this
application, shall require the applicant to comply with all Hales, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors iri interest advises the Highway District of its intern to change the planned use
of the subject property unless awaiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the tithe the change in use is sought.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNBXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-D15) pAGE6 OF 19
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1: The project which comprised of single 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. 1947 UFC Appendix IIi-A
2. Acceptance of the water supply for fire protection will be by the Meridiau Water Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The
proposed fire hydrant locations will be submitted to the Public Works for plan review.
4. All roads and fire lanes shall have a fuming radius of 28' inside and 48' outside.
5. Operational fire hydrants and temporary or pPrman t street signs are required before combustible
construclion begins. UFC 901.4.2 & 901.3
D. Adopt the Recommendations of the Nampa 8c Meridian Irrigation District as follows:
1. The District requires a Land Use Application to be filed for review prior to final platting for
PP-03-020. All laterals and waste ways must be protected. The District's Eight Mile Lateral
courses along the east and north boundary. 'T'his easement must be protected and any
encroachment without a signed License Agreement and approved plan, before any
construction is started, is unacceptable. All municipal surface drainage must be retained on
site. If any surface drainage leaves the site, the District must review drainage plans. The
developer must comply with Idaho Code 31-3805.
E. Adopt the Recommendations of the Pazks Department as follows:
1. Any proposed pathways must conform to the recommended pathway standazds.
F. Adopt the action of the City Council taken at their January 6, 2004 meeting as follows:
1. The developer has submitted an approved Preliminary Plat dated 12/29/2003 with the
Transmittal Letter dated 12/31/03, and which provides for a traffic calming island at the
intersection of S. Signorel1o Lane and E. Sagemoore Drive. Tbis Plat is approved.
2. The developer shall be alloweda reduced rear setback of five feet but it shall only apply to
garages only.
13. It is found that the requested zoning designations, R-8, is harmonious with and in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03A15)
PAGE 7 OF 19
accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which
designates the land to be "Medium Density Residential". The Comprehensive Plan also indicates
that the subject property should have a "Multi-Use" pathway running along the northern and eastern
edges of the subject property along the Eight Mile Lateral. Page 54 of the Comprehensive Plan
addresses the issue of pathways and states that they should be in compliance with the Parks and
Recreation Comprehensive Plan and that the pathway should be located "off street". The applicant
has indicated that they will construct a 10' asphalt multi-use pathway with five feet of gravel on both
sides of the pathway along the Eight Mile Lateral.
14. It is not anticipated that the applicant intends to rezone the subject property in the
future.
15. It is found that the proposed single family residential subdivision would be allowed
within the requested R-8 zone, if accompanied with a Conditional Use Permit for a Planned
Development.
16. !t is found that the land to the north and east of the subject property has been
developed as residential subdivisions similar to the proposed subdivision. It is also found that the
requested zoning designation of R-8 is harmonious with the adjacent developments to the north and
east of the subject property and should be rezoned as requested. While the applicant has applied for
an R-8 zoning designation, the subject property is actually being developed at a density of four
dwelling wets per acre.
17. It is found that the proposed use (single family residential} will not change the
existing (single family residential and rural residential) or intended character (medium density single
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ•03-015) PAGE 8 OF 19
family residential) of the area.
18. It is not anticipated that the proposed residential uses will be hazardous or disturbing
to future or existing neighbors.
19. It is found that the property to be annexed will or can be served adequately by all
essential public facilities and services. Applicant shall be required to extend water and sanitary
sewer mains to and through the proposed development, thereby making them available to the
adjacent properties. The Fire Departrnent has made the following recommendations:
1) Provide parking on the proposed Sagemoor Lane and paint curbs of Sagemoor Lane
red. Provide Fire Department access to the South end of Sagemoor Lane via a swing gate; and
2) Meridian's Planned Development Ordinance requires private streets over 200' in
length to be 42' in width. The applicant will be required to revise the proposed private street so that
the street meets private street standards.
Review of the ACRD and Fire Department comments concerning this subdivision will
provide further information regarding public services and facilities.
20. It is found that there will not be excessive additional requirements at public cost for
public services and facilities and that the annexation and zoning will not be detrimental to the
community's economic welfare. The applicant will be responsible for extending water and sewer
facilities to the subject property and for constructing all roads within the proposed subdivision.
21. It is found that the proposed subdivision will not create excessive traffic; noise or
other nuisances that would detrimental to the general welfare of the surrounding area.
It is recognized that the traffic and noise will increase upon build-out of the proposed
subdivision; however, it is not felt that the amount generated will be detrimental to the public
welfare of the city.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 9 OF 19
22. It is found that the subdivision's vehicular approaches off Victory Road and Locust
Grove Road will not cause significant interference on the surrounding public streets. Review of
ACRD comments concerning vehiculaz approaches and traffic generatian will provide additional
infomtation on this matter. ACHD recommends approval of the proposed subdivision as submitted.
23. The subject property is presently being used as pasture land. One single family
dwelling and several outbuildings are located on the subject property. The proposed subdivision will
not result in the loss or damage of scenic or natural features of significant importance. Any existing
trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance.
24. It is found that services are available to the'site and that the inclusion of a pathway
that will become a part of Meridian's pathway system makes the annexation of this property in
the best interest of the City.
25. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation end zoning designation.
26. It is also found that the development considerations as referenced in Finding No.
12 are reasonable to require and must betaken into accouut, 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 essenkial chazacter of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 10 OF 19
or future neighboring uses, particularly considering the impact of proposed developmem on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written request for
annexaflon and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 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 bas exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4. The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Chapter VI, Goal III, Objective A, Acticn 3
Chapter VII, Goal V, Objective A, Action 4.
5. The zoning of (R-8) Medium Density Residential is defined in the Zoning Ordinance
at § 11-7-2 D as follows:
fR_R~ Medium Density Residential District: The purpose ofthe R-8 District is to permit
the establishment ofsingle- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those areas where such development has or
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 11 OF 19
is likely to occur in accord with the Comprehensive Plan of the City and is also designed to
permit the conversion of large homes into tow-family dwellings in well-established
neighborhoods of comparable land use. Connection to the Municipal water and sewer
systems of the City is required,
6. Since tite annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation of land. See Burt vs The City of Idaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurised irrigation systems, and Zoning and
Subdivision and Development Ordinance of the Citiy of Meridiaa
8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
andlor developer shall enter into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
1. The applicant's request for annexation and zoning of approximately 9.8 acres to
Medium Density Residential (R-8} is granted subject to the terms and conditions of this Order
hereinafter stated.
2. The application is for annexation and zoning of 9.8 acres. The legal description shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 12 OF 19
be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all
the provisions of the City of Meridian Resolution No. 158. The legal description for annexation
must place this parcel corrtiguous to the Corporate City Limits per Oidinance No. 686.
3. Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
1. Remove any existing domestic wells and/or septic systems within this project from their
domesl9c service, per City Ordinance Section 5-7-517, when services are available from the City
of Meridian. Wells maybe used for non domestic purposes such as landscape irrigation.
2. A Development Agreement shall be required, the following shall be addressed in the
Development Agreement: pathway standards and fencing requirements for the Pathway and
micropaths.
B. Adopt the Recommendations of the ACHD as follows:
1. The Board of Commissioners authorizes the expenditure of available collected impact
fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a
sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of
the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the applicant's
specific development project) a total of 35-feet ofright-of--way from centerline (an
additional 10-feet ofright-of-way) along Victory Road, and construct a minimum 5-
foot wide concrete sidewalk along Victory Road, located a minimum of 28-feet firm
the centerline oftheright-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide .
concrete sidewalk along V ictory Road, located a minimum of 28-feet from the
centerline of the right-of--way, in an easeme~ provided to the District.
a Do not dedicate additional right_of-way, but construct a minimum S-foot wide
concrete sidewallc along Victory Road, located at the back edge of the existing right-
of-way. Accomplish all necessary adjustments to properly accommodate existing
drainage and utilities.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-O1S)
PAGE 13 OF 19
2. The applicant shall do one of the fallowing:
a. Dedicate by donation a total of 35-feet from centerline (an additional 10-feet) of right-
of-way along Locust Grove Road, and construct a minimrun 5-foot wide concrete
sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline
of the right-of-way.
b. Do not dedicate additional right-ofway, but construct a minimum 5-foot wide
concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from We
centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Locust Grove Road, located at the back edge of the existing
right-of--way. Accompflsh all necessary adjustments to properly accommodate
existing drainage and utilities.
3., Construct West Sagemoor Street to intersect Victory Road approximately 185-feet west
of the east property line, as proposed.
4. Construct West Sagemoor Street to intersect Locust Grove Road approximately 350-feet
north of Victory Road, as proposed.
5. Construct West Sagemoor Street as a 29-foot street section with curb, gutter and detached
5-foot concrete sidewalk with pazking on one side of the roadway within 50-feet ofright-of--way,
as proposed. Parking will be restricted on one side of the roadway and adequate signage will be
required.
6. Construct South Savia Place as a 29-foot street section with curb, gutter and sidewalk
within 42-feet ofright-of--way, a proposed. Parking will be restricted on one side of the roadway
and adequate signage will be required.
7. Construct a private road, South Sagemoor Lane, to intesect West Sagemoor Drive
approximately 215-feet west of West Sagemoor Street. Terminate the private road at the
northern property line of the proposed landscape buffer and install traffic bollazds to m;n;m;~e
the connection.
8. If the City of Meridian approves the private road, pave the private roadway a minimum of
20 to 24-feet wide and at least 30-feet imo the site beyond the edge of,pavement of West
Sagemoor Drive and install pavement tapers with 15-foot curb radii abutting the existing
roadway edge. Provide a plan showing how the private road grade meets the public road.
Street name and stop signs are required for the private road. ;Verification of the correct,
approved name of the road is required.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-O15)
PAGE 14 OF 19
9. Construct a cul-de-sac turnaround without a center island at the terminus of South Savia
Place. Provide a minimum fuming radius of 45-feet for the turnaround.,
10. Victory Road and Locust Grove Road are classified roadways. Other than the access
points that are specifically approved with this application, direct lot access to Locust Grove Road
and Victory Road are prohibited. Notes of the lot access restrictions are required on the Enal
plat.
11. Comply with all 5tandazd Conditions of Approval.
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of ttreright-of--way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be home by the developer.
3. Replace any existing damaged curb, gutter and sidewallr 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 the District's Utility Coordinator at 387-6258 (with file
numbers} for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPVJC 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. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SAGELAND PLANNED DEVELOPMENT
(AZ-03-O15}
PAGE 15 OF 19
The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic
Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during
any phase of construction
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant'. s authorized representative and an authorized
representative of the Ada County Highway District. The burden shall.be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
11. Any change by the applicant in the planned use ofthe property which is the subject of this
applicarion, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in
interest advises the highway District of its intent to change the planned use of the subject
property unless awaiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
C. Adopt the Recommendations ofthe Meridian Fire Departrnent as follows:
1. The project which comprised of single 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 skull
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 Depazlment. The
proposed fire hydrant locations will be submitted to the Public Works for plan review.
4. All roads and fire lanes shall have a fuming 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
D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. The District requires a Land Use Application to be filed for review prior to final platting for
PP-D3-020. All laterals and waste ways must be protected. The District's Eight Mile Lateral
courses siong the east and north 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
site. If any surface drainage leaves the site, the District must review drainage plans. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONQIG SAGELAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 16 OF 19
developer must comply with Idaho Code 31-3805.
E. Adopt the Recommendations ofthe Parks Department as follows:
1, Any proposed pathways must conform to the recommended pathway standards.
F. Adopt the action of the City Council taken, at their January 6, 2004 meeting as follows:
The developer has submitted an approved Preliminary Plat dated 12/29/2003 with the
Transmittal Letter dated 12/31/03, and which provides for a traffic calming island at the
intersection of S. Signorello Lane and E. Sagemoore Drive. This Plat is approved.
2. The developer shall be allowed a reduced reaz setback of five feet but it shall only apply to
garages only.
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2.
5. Subsequent to the passage of the Ordinance provided for in section 4 ofthis Order the
engineeritrg staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian CityCode § 11-21-1 in accordance
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 ba 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
PINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLSCATION
FOR ANNEXATION AND ZONING SAGF.LAND PLANNED DEVELOPMENT
(AZ-03-015)
PAGE 17 OF 19
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed
Please take notice that this is a final action of the governing body of the City of Meridian,
pursuant to Idaho Code § 67-6521. Aa affected person being a person who has an interest in real
property which may be adversely affected by this decision may, withintwenty-eight (28) days after
the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho
Coda.
/ A
By action of the City Council at its regular meeting held on the CJ ~' day of
~~a ~ ~}- , 2ooa.
ROLL CALL
COUNCILWOMAN TAMMY de WEERD VOTED'''
COUNCILMAN BILL NARY VOTED~~
COUNCILWOMAN CHF.RIE MCCANDLESS VOTED
COUNCILMAN KEITH BIRD VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED ~
DATED: I- 6'
MOTION:
APPROVED: DI5APPROVEB:
`~~ LD
Mayor Robert D. Corrie
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZANING SAGELAND PLANNED DEVELOPMENT
(AZA3-015)
PAGE 18 OF 19
Attest: ~~ O
.~~`"'__
n
•,~,/ ' __ REAL r
William G. Berg, Jr., City Clerk % 9~ ~sr ~~ . ~ ,~ `,`
~. 9 ,pP .
Copy served upon Applicant, the Planning++ari~'~'Iiyg~egtl~`triient, Public Works Departrnent and
the City Attorney. `````~~y tOf j1~~r~~~++'+'
r
By: ~+-- Dated: I' 2 f7 ~ D ¢ _ ` F~ _
City Clerk = g}~i Ai, '_
y n
Z:\WackVvllMeridienVMeridlan 15360M1Segeland PLnned Development AZ-03-015 PP-03-020 CUP~3.~3~ . ~ ~, ``~~
~P ,
~i~ q `.
FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZANING SAGELAND PLANNED DEVELOPMENT
(AZ-03-0 LS)
PAGE 19 OF 19