Settlement Bridge Subdivision DA AZ 03-035
PARTIES:
~
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 05/19/04 11:46 AM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridian City
,AMOUNT .00
DEVELOPMENT AGREEMENT
54
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1.
2.
City of Meridian
John and Jeanne D. Tolk, Co-Trustees of The John and Jeanne
Tolk Trust, U/T/A dated January 7, 1993, Owner
Capital Development, Inc., OwnerlDeveloper
2.
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this /:$I!::- day of Irla~ ' 2004, by and between CITY OF
MERIDIAN, a municipal corporation of e State of Idaho, hereafter called "CITY', and
JOHN AND JEANNE D. TOLK, CO-TRUSTEES OF THE JOHN AND JEANNE
TOLK TRUST, U/T/A dated January 7, 1993, whose address is 2205 E. McMillan,
Meridian, Idaho 83642, hereinafter called "OWNER", and CAPITAL DEVELOPMENT,
INC., whose address is 6200 Meeker Place, Boise, Idaho 83713, hereinafter called
"OWNER! DEVELOPER".
1.
RECITALS:
1.2
1.3
1.4
1.1
WHEREAS, "Owner" and "OwnerlDeveloper" are the sole
owners, in law and/or equity, of certain tract ofland in the County
of Ada, State ofIdaho, described in Exhibit A for each owner,
which is attached hereto and by this reference incorporated herein
as if set forth in full, herein after referred to as the "Property"; and
WHEREAS, I.C. § 67-651 lA, Idaho Code, provides that cities
may, by ordinance, require or pennit as a condition of re-zoning
that the "Owner" and "OwnerlDeveloper" make a written
commitment concerning the use or development ofthe subject
"Property"; and
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
WHEREAS, "Owner" and "OwnerlDeveloper" has submitted an
application for annexation and zoning of the "Property's"
described in Exhibit A, and has requested a designation of (R-8)
DEVELOPMENT AGREEMENT (AZ-O3-035)
PAGE 1 OF 24
1.5
1.6
1.7
1.8
1.9
1.9
Medium Density Residential District, (Municipal Code of the City
of Meridian); and
WHEREAS, "Owner" and "Owner/Developer" made
representations at the public hearings both before the Meridian
Planning & Zoning Commission and before the Meridian City
Council, as to how the subject "Property" will be developed and
what improvements will be made; and
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
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 are attached
hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as (the "Findings"); and
WHEREAS, the Findings require the "Owner" and
"Owner/Developer" to enter into a development agreement before
the City Council takes fmal action on annexation and zoning
designation; and
"OWNER" AND "OWNER/DEVELOPER" deem it to be in its
best interest to be able to enter into this Agreement and
acknowledges that this Agreement was entered into voluntarily and
at its urging and requests; and
WHEREAS, "City" requires the "Owner" and "Owner/Developer"
to enter into a development agreement for the purpose of ensuring
that the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions of this
development agreement, herein being established as a result of
evidence received by the "City" in the proceedings for annexation
and zoning designation from govemment subdivisions providing
DEVELOPMENT AGREEMENT (AZ-O3-035)
PAGE 2 OF 24
services within the planning jurisdiction and fiom 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, ResolutionNo. 02-382, and the
Zoning and Development Ordinances codified in Meridian City
Code Title II and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as
herein provided for, unless the clear context of the presentation of the same requires
otherwise:
3.1
3.2
3.3
3.4
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision ofthe state ofIdaho, organized and existing by virtue
oflaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
"OWNER": means and refers to John and Jeanne D. Tolk, Co-
Trustees of The John and Jeanne Tolk Trust, U/T/A dated January
7,1993, whose address is 2205 E. McMillan, Meridian, Idaho
83642, the party owning said "Property" being developed and shall
include any subsequent owner(s)/developer(s) of the "Property".
"OWNER/DEVELOPER": means and refers to Capital
Development, Inc., whose address is 6200 Meeker Place, Boise,
Idaho 83713, the party developing and owning said "Property"
being developed and shall include any subsequent
owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, CityofMeridian as
described in Exhibit A describing the parcels to be annexed and
DEVELOPMENT AGREEMENT (AZ-O3-035)
PAGE 3 OF 24
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 CD) which are herein specified as follows:
Construction and development of a residential subdivision with
266 building lots and 34 common lots in a proposed R-8 zone.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner" and
"Owner/Developer" has submitted to "City" an application for conditional use pennit,
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 pennit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A
"Owner" and "Owner/Developer" shall develop the "Property" in
accordance with the following special conditions:
A.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
1. Existing Wells & Septic: Any existing domestic wells and/or septic systems
within this project will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the City of Meridian.
Wells may be used for non-domestic purposes such as landscape irrigation.
2.
The subject property lies within Meridian's Urban Services Planning Area.
3. The Public Works Department has detennined that an additional water supply
well is needed in this vicinity. The developer shall negotiate with the City of
DEVELOPMENT AGREEMENT (AZ-O3-035)
PAGE 4 OF 24
Meridian for the acquisition of a parcel for a new municipal well within this site.
B.
Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Dedicate 48-feet ofright-of-way trom the centerline of McMillan Road abutting
the parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building pennit (or other required permits), whichever occurs fIrst.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way if the
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #198), if funds are available.
OR
Dedicate 38-feet of right-of-way trom the centerline of McMillan Road abutting
the parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building pennit (or other required permits), whichever occurs fIrSt.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way if the
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #198), if funds are available.
2. Construct a lO-foot asphalt pathway on McMillan Road in lieu of constructing a
S-foot concrete sidewalk if the pathway is maintained by the homeowners
Association. Construct the pathway to be located a minimum of 41-feet from the
centerline of McMillan Road.
OR
Construct a S-foot concrete sidewalk on McMillan Road located a minimum of41-
feet from the centerline of McMillan Road. If the sidewalk should meander outside
of the right-of-way, the applicant should provide the District with an easement for the
sidewalk.
3. The applicant shall do one of the following:
DEVELOPMENT AGREEMENT (AZ-O3-035)
PAGE 5 OF 24
a. Dedicate by donation a total of35-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 ofthe 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 ofthe existing
right-of-way. Accomplish all necessary adjustments to properly accommodate
existing drainage and utilities.
4. Construct a main entrance (North Schumann Avenue) to intersect McMillan Road
approximately 1,OOO-feet west of the east property line and align with Schumann
Avenue, as proposed.
5. Construct a main entrance (East Trinity Springs Drive) to intersect Locust Grove
Road approximately 5l5-feet north of the south property line, as proposed.
6. Construct a stub street (East Trinity Springs Street) to the east property line
approximately 400-feet north of the south property line, as proposed. Install a
sign at the tenninus of the stub street stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE".
7. Construct a stub street to the 6.64-acre site that is located directly to the east at
this time with the ability for the site specific requirement to be removed in the
future, IF:
The 6.64-acre site to the east submits a development application before this phase of
Settlement Bridge Subdivision is [mal platted
AND
The 6.64-acre site has connectivity and access as required by District policy.
8. Construct North Schumann Avenue (from McMillan Road to North Trail Blazer
Drive) and East Trinity Springs Drive (from Locust Grove Road to 240-feet east
of North Bach Way) as a 36-foot street section with vertical curb, gutter and 5-
foot concrete sidewalks on both sides of the roadway within 50-feet of right- of-
way.
DEVELOPMENT AGREEMENT (AZ-O3-035)
PAGE 6 OF 24
9. Construct North Sharp Shooter Court, East Territory Court and North Stampede
Place as a 29-foot street section within 42-feet of right-of-way, as proposed.
Adequately sign the roadway to prohibit parking on one side. Submit a copy of
the signage plan to District staff for review and approval.
10. Construct East Red Rock Court (east of East Sidewinder Drive), North Pathfinder
Place (north of East Red Rock Drive), North Aberdeen Place (south of North Trail
Blazer Drive), North Mendelson Avenue (north of North Trail Blazer Drive),
Mountain Man Way, the cul-de-sac on Trinity Springs Drive between Schubert
Avenue and Expedition Way, North Schubert Avenue (north and south of East
Trinity Springs Drive), East Swift Water Street (between North Schubert Avenue
and North Mountain Man Way), East Swift Water Street (east of Schumann
Avenue) and North Pier Place as 33-foot street sections with rolled curb, gutter
and 5-foot attached concrete sidewalks on both sides of the roadway within 50-
feet of right-of-way, as proposed.
II. Construct the remaining internal roadways as 36-foot street sections with rolled
curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way,
as proposed.
12. Construct seven cul-de-sac turnarounds with islands within the turnarounds, as
proposed. Provide a minimum turning radius of 45-feet in each turnaround.
Provide a minimum of a 29- foot street section on either side of any proposed
center islands within the turnarounds. Construct the islands/medians to be
constructed a minimum of 4-feet wide to total a minimum of a 100-square foot
area.
13. Construct an approved turnaround at the terminus of North Sharp Shooter Court
OR
Construct these proposed roadways as private streets or common driveways with the
review and approval of the City of Meridian.
14. Construct an approved turnaround at the terminus of East Territory Street
OR
Construct these proposed roadways as private streets or common driveways with the
review and approval of the City of Meridian.
IS. Construct an approved turnaround at the terminus of East Swift Water Drive
OR
DEVELOPMENT AGREEMENT (AZ-O3-035)
PAGE 7 OF 24
Construct these proposed roadways as private streets or common driveways with the
review and approval of the City of Meridian
16. Construct the island/median within North Schumann Avenue to match the island
on the north side of McMillan at the intersection of North Schumann Avenue and
McMillan Road. (The island should be approximately lO-feet in width at the
throat of the street and can enlarge as they enter the subdivision).
17. Construct the island/median within East Trinity Springs Drive to be a maximum
width of 10-feet at the intersection of Locust Grove Road. (The island should be
approximately 10-feet in width at the throat of the street and can enlarge as they
enter the subdivision).
18. Any proposed landscape islands/medians within the public right-of-way dedicated
by this plat are required to be owned and maintained by a homeowners
association. Construct the islands/medians to be a minimum of 4-feet wide to
total a minimum ora 100-square foot area.
19. Construct a left-turn lane on McMillan Road at the intersection ofShumann
Avenue and McMillan Road, as described in the submitted traffic impact study.
Coordinate the design of the taper with District staff.
20. Construct a left-turn bay on Schumann Avenue at the intersection of Shumann
Avenue and McMillan Road, as described in the submitted traffic impact study.
Coordinate the design of the taper with District staff.
21. Other than the access points that have specifically been approved with this
application, direct lot access to McMillan Road and Locust Grove Road is
prohibited. Notes of this access restriction will be required to be noted on the
final plat.
22. Comply with all Standard Conditions of Approval.
Standard Conditions of ApprovaJ
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
DEVELOPMENT AGREEMENT (AZ-O3-O35)
PAGE 8 OF 24
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact 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 ofIdaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building pennit (or other required pennits), which incorporates any required
design changes.
7. Construction, use and property development shall be in confonnance 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 #198, 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 DIGLlNE (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 confinnation of
any change from the Ada County Highway District.
DEVELOPIvlENT AGREEMENT (AZ-O3-035)
PAGE 9 OF 24
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
C.
Adopt the Meridian Fire Department Recommendations as follows:
1. That a fire-flow as required by the International Fire Code is provided to service the
entire project. Fire hydrants shall be placed an average of 350' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final approval of the fIre hydrant locations shall be by the Meridian Fire Department.
4. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a turn around.
5. All entrances and internal roads shall have a turning radius of28' inside and 48'
outside.
6. Operational fIre hydrants and temporary or pennanent street signs are required before
combustible construction begins.
7. No vertical obstructions or mature landscaping which obstructions the outlets of the fire
hydrant within 10'.
8. All fIre lanes shall have a clear driving surface which is 20' wide available at all
times.
9. The Meridian Fire Department would like to request thatN. Pier PI. be connected to
E. McMillan Rd. Streets longer that 750' require special approval according to the
2000 International Fire Code Appendix D. The Meridian Fire Department would
accept an emergency access on the north end ofN. Pier Place where the access for the
sewer easement will be built. Barricades at this access will need to be approved by
Meridian Fire Department and the Meridian Public Works Department.
DEVELOPMENT AGREEMENT (AZ-O3-035)
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10. The following areas shall have red curbs Block 4 Lots 12, 13, 14, 15, 35, 36, 37, 38,
39,40, Block 5 Lot 16,17,18,19,20,21, Block 6 4, 5, 6, 7, 8, Block 1, Lot 30 thru
36, Block 6 Lots 46 thru 50, 39 thru 43.
11. Recommend connecting Territory & Stampeded to prevent blocking ofthe roadway
due to limited parking.
12. Parking shall be limited to one side on all 29' wide street sections.
D.
Adopt the Recommendations/Comments of Joint School District No.2 as follows:
1. The Meridian School District has experienced phenomenal student growth the last ten
years. The high schools, middle schools, and elementary schools throughout the district are
operating over capacity.
2. Approval of Settlement Subdivision will have a significant impact on school enrollments at
Discovery Elementary, Lowell Scott Middle, and Eagle High School.
3. We can predict that these homes, when completed, will house eight-five (85) elementary
aged children, sixty-five (65) middle school aged children, and forty-seven (47) senior high
aged students. Additional students will further compound the current overcrowded
situation.
4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is
currently operating beyond capacity. Future development will continue to have an impact
on the district's capacity.
E.
Adopt the Recommendations of the Central District Health Department as
follows:
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3. Run-offis not to create a mosquito breeding problem.
DEVELOPMENT AGREEMENT (AZ-O3-035)
PAGE 11 OF 24
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
F.
Adopt the Recommendations of Settlers' Irrigation District as follows:
1. All irrigation/drainage facilities along with their easemeIits must be protected
and continue to function. The facility involved is the North Slough (Settlers
Canal).
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of
any S.I.D. facilities.
4. Any changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers Irrigation District.
5. All storm drainage must be retained on-site.
6. The development must supply irrigation access to all lots within the above-
mentioned subdivision. If the developer wishes to have Settlers Irrigation
District own, operate, and maintain the pressure irrigation system an
agreement needs to be in place prior to the pre-construction meeting.
7. According to the plans there is a pedestrian pathway located next to the
Settlers Canal. The canal in this area is extremely dangerous, especially to
children, because of high water velocity, and flows. SID does not recommend
placing this pathway next to the canal for safety reasons. However, if the
pathway must be placed within SID's easements the district will require a
license agreement from the developer and/or whoever shall have ownership of
the pathway. The agreement will address liability issues, as well as the
operation and maintenance ofthe canal system.
DEVELOPMENT AGREEMENT (AZ-O3-035)
PAGE 12 OF 24
G.
Adopt the Recommendations of the Meridian Parks Department as follows:
1. Construct pathway (Meridian Loop) according to cun-ent published pathway
standards.
H.
Adopt the action of the City Council taken at their March 9, 2004 meeting as follows:
For Clarification:
1. Pertaining to the waste ditch, this ditch shall be leveled with a slight elevation for the
future subdivision lots within the Settlement Bridge Subdivision so that the
neighboring property's water will not flow onto the lots within the subdivision.
Additionally, a fence shall be required along the property lilie, and the type of said
fencing shall be approved by the Planning and Zoning Department prior to
construction.
2. Adequate water supply to meet the fire protection requirements must be constructed,
installed and operational prior to signature on the final plat, unless a non-build
agreement is executed and recorded prior to signature on the fmal plat. The non-
build agreement will not be released until all facilities required meet the fire
protection requirements and are operational.
3. The City Council approved at its March 9, 2004 meeting to proceed with a new well
site or provide other means to increase water supply since cun-ently there is not an
adequate water supply available for the proposed project. It is understood that for the
City to provide a new well site it will take an undetermined amount of time for the
City to develop a well site, including all the necessary testing and requirements
pursuant to the Idaho Department of Water Resources. Additionally, the additional
water supply would need to be in place before any development could occur.
4. The Public Works Department provided two alternatives for supplying water to
the proposed project, and said options are noted as follows:
1.
Construction of an additional well in the high-pressure zone.
2.
Routing water supply from the low-pressure zone to the high-pressure
zone by pipeline and pressure-reducing valve station(s).
The City would maintain control of the design, plans, and construction of
the improvements. If other projects in the high-pressure zone north of
DEVELOPMENT AGREEMENT (AZ-O3-035)
PAGE 13 OF 24
Ustick Road benefit fÌ'Om this method and if Capital Development
reimburses the City for this expense, it is recommended that Capital
Development be eligible for a latecomers agreement. Public Works shall
determine which improvements shall be made. Any required
reimbursement must be paid prior to signature on the final plat.
5.
Comply with all the conditions, including any Special Conditions, in the
corresponding applications which are the Preliminary Plat, Case No. PP-
03-041 and Conditional Use Permit, Case No. CUP-03-065.
7. COMPLIANCE PERJODI 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 "OwnerlDeveloper" or "Owner's" and
"OwnerlDeveloper'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 Lc. § 67-6509, or any subsequent
amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" and "OwnerlDeveloper" 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 "OwnerlDeveloper" and ifthe
"Owner" and "OwnerlDeveloper" fails to cure such failure within
six (6) months of such notice.
9. INSPECTION: "Owner" and "OwnerlDeveloper" 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:
DEVELOPMENT AGREEMENT (AZ-O3-035)
PAGE 14 OF 24
10.1
10.2
In the event "Owner" and "Owner/Developer" or "Owner's" and
"Owner/Developer's" heirs, successors, assigns, or subsequent
owners of the "Property" or any other person acquiring an interest
in the "Property", fail to faithfully comply with all of the tenus and
conditions included in this Agreement in connection with the
"Property", this Agreement may be modified or tenninated by the
"City" upon compliance with the requirements of the Zoning
Ordinance.
A waiver by "City" of any default by "Owner" and
"Owner/Developer" of anyone or more of the covenants or
conditions hereof shall apply solely to the breach and breaches
waived and shall not bar any other rights or remedies of "City" or
apply to any subsequent breach of any such or other covenants and
conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner's" and "Owner/Developer's" cost, and submit proof of such recording to
"Owner" and "Owner/Developer", prior to the third reading of the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" by the City
Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the "Property" contemplated
hereby, the "City" shall execute and record an appropriate instrument of release of this
Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owner" and "Owner/Developer", or by any
successor or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific perfonuance
of the covenants, agreements, conditions, and obligations contained herein.
13.1
In the event of a material breach of this Agreement, the parties
agree that "City" and "Owner" and "Owner/Developer" shall have
thirty (30) days after delivery of notice of said breach to correct the
DEVELOPMENT AGREEMENT (AZ-O3-035)
PAGE 15 OF 24
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 perfonnance of any covenant to be perfonned
hereunder by either "Owner" and "Owner/Developer" or "City" is
delayed for causes which are beyond the reasonable control ofthe
party responsible for such perfonnance, which shall include,
without limitation, acts of civil disobedience, strikes or similar
causes, the time for such perfonnance shall be extended by the
amount oftime 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 "Owner/Developer" agrees to provide, if required
by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner' and
"Owner/Developer" agrees that no Certificates of Occupancy will be issued until all
improvements are completed, unless the "City" and "Owner" and "Owner/Deve10per"
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
"Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the
"Property" shall be subject to de-annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the City of
Meridian.
DEVELOPMENT AGREEMENT (AZ-O3-035)
PAGE 16 OF 24
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:
OWNER:
c/o City Engineer
City of Meridian
660 E. Watertower Lane
Meridian, ill 83642
John and Jeanne D. Tolk, Co-Trustees of
The John and Jeanne Tolk Trust
2205 E. McMillan
Meridian, Idaho 83642
with copy to:
OWNER/DEVELOPER:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Capital Development, Inc.
6200 Meeker Place
Boise, Idaho 83713
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 detennined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, tennination 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 tenn, condition
and provision hereof, and that the failure to timely perfonn any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perfonn.
DEVELOPMENT AGREEMENT (AZ-O3-035)
PAGE 170F24
20. BINDING UPON SUCCESSORS: llis 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 "Owner/Developer" of the
"Property", each subsequent owner and any other person acquiring an interest in the
"Property". Nothing herein shall in any way prevent sale or alienation of the "Property",
or portions thereof, except that any sale or alienation shall be subject to the provisions
hereof and any successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written request of
"Owner" and "OwnerlDeveloper", to execute appropriate and recordable evidence of
tennination of this Agreement if "City", in its sole and reasonable discretion, had
detennined that "Owner" and "Owner/Developer" has fully perfonned 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
"Owner/Developer" and "City" relative to the subject matter hereof, and there are no
promises, agreements, conditions or understanding, either oral or written, express or
implied, between "Owner" and "OwnerlDeveloper" and "City", other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the parties hereto unless
reduced to writing and signed by them or their successors in interest or their assigns, and
pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City".
22.1
No condition governing the uses and/or conditions governing development
of the subject "Property" herein provided for can be modified or amended
without the approval of the City Council after the "City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-O3-035)
PAGE 18 OF 24
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNER: JOHN AND JEANNE D. TOLK, CO-
TRUSTEES FOR THE JOHN AND JEANNE
TOLK TRUST, UITIA dated January 7, 1993:
BY ~L~
John, Co-Trustee r ..-
?~. ¡J <í~_.
BY:
Jeanne D. Tolk, Co-Trustee
OWNERIDEVELOPER (CAPITAL
DEVELOPMENT, INC.):
Attest:
BY\)M1- tr¿
BY\)oJ~t- ~~.
0
DEVELOPMENT AGREEMENT (AZ-O3-O35)
PAGE 19 OF 24
CITY OF MERIDIAN
Attest:
BY~~MC"" )
. MAYOR T de WEERD
~w.d 1:)11 ú~ ~ §-18-tJ+
""",""",!!
","'~ Of ME~,::""'"
.' ~ ~~-1. -:-
~~ !G~%~\
. ~~ ~ - ~ -
~ g %
YCLERK ' ~ -
STATE OF IDAHO)
: ss
COUNTY OF ADA )
7Þ
~ On this / !;- day of ~ . in the year
200f, before me, a Notary Public, personally app~HN TOLK and JEANNE D.
TaLK, known or identified to me to be the persons whose names are subscribed to the
within instl"wnent as the co-trustees of the JOHN AND JEANNE TOLK TRUST, UITIA
dated January 7,1993, and acknowledged to me that they executed the same as such co-
- of~ JOHN AND -- ro~ m¡: ~~-
(SEAL) , Notary Public f9r Idaho I J ,
.. TAINA NIS~ANI Residing at: ~ 1J./. ~
NOT~ PUBLIC Commission expires: (,(;J....'y/o 9
STATE OF IDAHO /
. , ,.
DEVELOPMENT AGREEMENT (AZ-O3-035)
PAGE 20 OF 24
STATE OF IDAHO)
:ss
COUNTY OF ADA )
On this /~ day of , in the year
before me, Not ersonally appeared
() ¿, So and . ,4ço,J
'ü~.oh~:ti:~~;o me toOf~~~~DEVEL~~~~~~c.,andthepers:~
who executed the instrument and acknowledged to me that they having executed the same on
behalf of said limited liability corporation.
(SEAL)
TRINA NISHrTANI
NOTARY PUBLIC
STATE OF IDAHO
STATE OF IDAHO)
:ss
County of Ada
On this I~ day of ~~ ,in the year 2004,
before me, a Notary Public, personally appeared T y de Weerd and WIlham G. Berg,
know or identified to me to be the Mayor and Clerk, respectively, ofthe 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)
DEVELOPMENT AGREEMENT (AZ-O3-035)
PAGE 21 OF 24
EXHIBIT A
Leeal Description OfPropertv
A parcel ofland located in the NW Y. of Section 32, TAN., R1E., B.M.,
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the section comer common to Sections 29, 30, 31 and 32 of said
T. 4N., R1E.;
Thence South 89°12'09" East, 2653.10 feet (formerly described as 2653.12 feet)
on the section line common to said Sections 29 and 32 to the Y. section comer common to
said Sections 29 and 32, said point being the REAL POINT OF BEGINNING;
Thence South 00°33'24" West, 1321.93 feet on the north-south mid-section line
of said Section 32 to a found 5/8" rebar marking the center-north 1/16th section comer of
said Section 32;
Thence North 89°22'20" West, 2653.10 feet (formerly described as 2653.11 feet)
to a found 5/8" rebar marking the north 1/16th section comer common to said Sections 31
and 32;
Thence North 00°33 '27" East, 664.89 feet on the section line common to said
Sections 31 and 32;
Thence leaving said section line South 89°17'15" East, 48.00 feet;
Thence North 00°33'27" East, 180.50 feet;
Thence South 89°17'15" East, 845.15 feet;
DEVELOPMENT AGREEMENT (AZ-O3-035)
PAGE 22 OF 24
Thence North 00°33 '07" East, 483.07 feet to a point on the section line coll1IÍlon
to said Sections 29 and 32;
Thence South 89°12'09" East, 1759.99 feet (fonnerly described as 1760.00 feet) on the
section line common to said Sections 29 and 32 to the real point of beginning. Said
parcel contains 70.64 acres more or less.
DEVELOPMENT AGREEMENT (AZ-O3-O35)
PAGE 23 OF 24
EXHIBIT B
Findinl!s of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-O3-035)
PAGE 24 OF 24
BEFORE THE MERIDIAN CITY COUNCIL
C/C 02/24/04
C/C 03/09/04
CAPITAL DEVELOPMENT,
APPLICANT
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION)
AND ZONING OF 70.64 ACRES )
FOR PROPOSED SETTLEMENT )
BRIDGE FROM RUT TO R-8, )
LOCATED ON THE EAST SIDE OF )
LOCUST GROVE, AND ON THE)
SOUTH SIDE OF McMILLAN )
ROAD, IN SECTION 32, )
TOWNSHIP 4 NORTH, RANGE 1 )
EAST, MERIDIAN, IDAHO )
)
)
)
)
Case No. AZ-03-035
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 February 24,2004 and continued until March 9, 2004, at the hour of7:00 p.m., and Anna
Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Public
Works Department, Dave Yorgason, and Gerald Clark, appeared and testified, and the City
Council having dilly considered the evidence and the record in ilis matter therefore makes the
following Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING SETTLEMENT BRIDGE SUBDMSION
(AZ-03-035)
PAGE 1 OF 30
1.
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
2.
The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles II 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 70. 64 acres in size and is located on the
east side of Locust Grove Road, and on the south side of McMillan Road, in Section 32,
Township 4 North, Range I East, 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 The John and Jeanne Tolk Trust,
and they have submitted notarized consent for the subject application, and Capital Development,
Inc. Applicant is Capital Development, Inc.
5.
6.
Residential).
7.
The property is presently zoned RUT (Ada County), and is cUlTently vacant.
The Applicant requests the property be zoned as R-8 (Medium Density
The subject property is bordered to the north by Idaho Power Substation, cUlTently
zoned RUT (Ada County)/Edinburgh Place Subdivision (across McMillan Road), zoned R-4
(Ada County), to the south by Heritage Subdivision, zoned Rl (Ada County), to the east by Rural
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION
(AZ-O3-035)
PAGE2 OF30
Residential/Agricultural, zoned RUT (Ada County), and to the west by Havasu Creek
Subdivision, zoned R-4.
8.
The Applicant proposes to develop the subject property in the following manner:
A residential subdivision with 266 buildable lots and 34 common 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.
The North Slough bisects the subject property and is a feature that will need to be
protected.
11.
The City Council recognizes the letter of concern from Darrell W. Brock dated
February 3, 2004.
12.
Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
1. Existing Wells & Septic: Any existing domestic wells and/or septic systems within
this project will have to be removed from their domestic service, per City Ordinance Section
5-7-517, when services are available from the City of Meridian. Wells maybe used fornon-
domestic purposes such as landscape irrigation.
2. Development Agreement: A Development Agreement (DA) shall be entered into
between the City of Meridian and the Applicant as part of the Annexation/Zoning
application. The DA shall outline any special conditions placed upon the Preliminary Plat
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION
(AZ-03-035)
PAGE 3 OF 30
and Conditional Use applications.
3.
The subject property lies within Meridian's Urban Services Planning Area.
4. The Public Works Department has determined that an additional water supply well is
needed in this vicinity. The developer shall negotiate with the City of Meridian for the
acquisition of a parcel for a new municipal well within this site.
B.
Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
I. Dedicate 48-feet of right-of-way from the centerline of McMillan Road abutting the
parcel by means of a warranty deed. The right-of-way purchase and sale agreement and
deed must be completed and signed by the applicant prior to scheduling the final plat for
signature by the ACHD Commission or prior to issuance of a building permit (or other
required permits), whichever occurs first. Allow up to 30 business days to process the
right-of-way dedication after receipt of all requested material. The owner win be paid the
fair market value of the right-of-way dedicated which is an addition to existing ACHD
right-of-way ifthe owner submits a letter of application to the impact fee administrator
prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #198), if funds are available.
OR
Dedicate 38-feet of right-of-way from the centerline ofMcMi11an Road abutting the par-
cel by means of a warranty deed. The right-of-way purchase and sale agreement and deed
must be completed and signed by the applicant prior to scheduling the final plat for
signature by the ACHD Commission or prior to issuance of a building permit (or other
required permits), whichever occurs first. Allow up to 30 business days to process the
right-of-way dedication after receipt of all requested material. The owner wi11 be paid the
fair market value of the right-of-way dedicated which is an addition to existing ACHD
right-of-way if the owner submits a letter of application to the impact fee administrator
prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #198), iffunds are available.
2. Construct a 10-foot asphalt pathway on McMillan Road in lieu of constructing a 5-foot
concrete sidewalk if the pathway is maintained by the homeowners Association.
Construct the pathway to be located a minimum of 41-feet from the centerline of
McMillan Road.
OR
Construct a 5-foot concrete sidewalk on McMi11an Road located aminimurn of 4 I-feet from
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION
(AZ-O3-035)
PAGE4 OF 30
the centerline of McMillan Road. If the sidewalk should meander outside of the right-of-
way, the applicant should provide the District with an easement for the sidewalk.
3. The applicant shall do one of the following:
a. Dedicate by donation a total of35-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 of28-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 of28-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.
4. Construct a main entrance (North Schumann Avenue) to intersect McMillan Road
approximately I,OOO-feet west of the east property line and align with Schumann Avenue,
as proposed.
5. Construct a main entrance (East Trinity Springs Drive) to intersect Locust Grove Road
approximately 5l5-feet north of the south property line, as proposed.
6. Construct a stub street (East Trinity Springs Street) to the east property line
approximately 400- feet north of the south property line, as proposed. Install a sign at the
tenninus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE".
7. Construct a stub street to the 6.64-acre site that is located directly to the east at this time
with the ability for the site specific requirement to be removed in the future, IF:
The 6.64-acre site to the east submits a development application before this phase of
Settlement Bridge Subdivision is final platted
AND
The 6.64-acre site has connectivity and access as required by District policy.
8. Construct North Schumann Avenue (from McMillan Road to North Trail Blazer Drive)
and East Trinity Springs Drive (from Locust Grove Road to 240-feet east of North Bach
Way) as a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks
on both sides of the roadway within 50-feet of right-of-way.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION
(AZ-03-035)
PAGE 5 OF 30
9. Construct North Sharp Shooter Court, East Tenitory Court and North Stampede Place as
a 29-foot street section within 42-feet of right-of-way, as proposed. Adequately sign the
roadway to prohibit parking on one side. Submit a copy of the signage plan to Dis1rict
staff for review and approval.
10. Construct East Red Rock Court (east of East Sidewinder Drive), North Pathfinder Place
(north of East Red Rock Drive), North Aberdeen Place (south of North Trail Blazer
Drive), North Mendelson Avenue (north of North Trail Blazer Drive), Mountain Man
Way, the cul-de-sac on Trinity Springs Drive between Schubert Avenue and Expedition
Way, North Schubert Avenue (north and south of East Trinity Springs Drive), East Swift
Water Street (between North Schubert Avenue and North Mountain Man Way), East
Swift Water Street (east of Schumann Avenue) and North Pier Place as 33-foot street
sections with rolled curb, gutter and 5-foot attached concrete sidewalks on both sides of
the roadway within 50-feet of right-of-way, as proposed.
II. Construct the remaining internal roadways as 36-foot street sections with rolled curb,
gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way, as proposed.
12. Construct seven cul-de-sac turnarounds with islands within the turnarounds, as proposed.
Provide a minimum turning radius of 45-feet in each turnaround. Provide a minimum of
a 29-foot street section on either side of any proposed center islands within the
turnarounds. Construct the islands/medians to be constructed a minimum of 4-feet wide
to total a minimum of a I DO-square foot area.
13. Construct an approved turnaround at the tenninus of North Sharp Shooter Court
OR
Construct these proposed roadways as private streets or common driveways with the review
and approval of the City of Meridian.
14. Construct an approved turnaround at the tenninus of East Tenitory Street
OR
Construct these proposed roadways as private streets or common driveways with the review
and approval of the City of Meridian.
15. Construct an approved turnaround at the terminus of East Swift Water Drive
OR
Construct these proposed roadways as private streets or common driveways with the review
and approval ofthe City of Meridian
16. Construct the island/median within North Schumann Avenue to match the island on the
north side of McMillan at the intersection of North Schumann Avenue and McMillan
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING SETTLEMENT BRIDGE SUBDNISION
(AZ-03-035)
PAGE 6 OF 30
Road. (The island should be approximately 10-feet in width at the throat of the street and
can enlarge as they enter the subdivision).
17. Construct the island/median within East Trinity Springs Drive to be a maximum width of
10- feet at the intersection of Locust Grove Road. (The island should be approximately
I O-feet in width at the throat of the street and can enlarge as they enter the subdivision).
18. Any proposed landscape islands/medians within the public right-of-way dedicated by this
plat are required to be owned and maintained by a homeowners association. Construct
the islands/medians to be a minimum of 4- feet wide to total a minimum of a 1 DO-square
foot area.
19. Construct a left-turn lane on McMillan Road at the intersection of Shumann A venue and
McMillan Road, as described in the submitted traffic impact study. Coordinate the
design of the taper with District staff.
20. Construct a left-turn bay on Schumann Avenue at the intersection of Shumaun Avenue
and McMillan Road, as described in the submitted traffic impact study. Coordinate the
design of the taper with District staff.
21. Other than the access points that have specifically been approved with this application,
direct lot access to McMillan Road and Locust Grove Road is prohibited. Notes of this
access restriction will be required to be noted on the final plat.
22. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street fTontages 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING SETTLEMENT BRIDGE SUBDMSION
(AZ-03-035)
PAGE 7 OF 30
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 ofbuilding
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in confonnance 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 #198, also known as Ada County Highway District Road
hnpact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. 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 tenus 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 confinnation of any change ftom the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless a waiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
C.
Adopt the Meridian Fire Department Recommendations as follows:
I. That a fire-flow as required by the Intemational Fire Code is provided to service the entire
project. Fire hydrants shall be placed an average of350' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION
(AZ-03-035)
PAGE 8 OF 30
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
4. The phasing plan may require that any roadway greater than ISO' in length that is not
provided with an outlet shall be required to have a turn around.
5. All entrances and internal roads shall have a turning radius of28' inside and 48' outside.
6. Operational fire hydrants and temporary or pennanent street signs are required before
combustible construction begins.
7. No vertical obstructions or mature landscaping which obstructions the outlets of the fire
hydrant within 10'.
8. All fire lanes shall have a clear driving surface which is 20' wide available at all times.
9. The Meridian Fire Department would like to request that N. Pier PI. be connected to E.
McMillan Rd. Streets longer that 750' require special approval according to the 2000
International Fire Code Appendix D. The Meridian Fire Department would accept an
emergency access on the north end ofN. Pier Place where the access for the sewer easement
will be built. Barricades at this access will need to be approved by Meridian Fire Department
and the Meridian Public Works Department.
10. The following areas shall have red curbs Block 4 Lots 12, 13, 14, 15,35,36,37,38,39,40,
BlockS Lot 16,17,18,19,20,21, Block 6 4, 5, 6, 7, 8, Block I, Lot 30thru 36, Block 6 Lots
46 thru 50, 39 thru 43.
II. Recommend counecting Tenitory & Stampeded to prevent blocking of the roadway due to
limited parking.
12. Parking shall be limited to one side on all 29' wide street sections.
D.
Adopt the Recommendations/Comments of Joint School District No.2 as follows:
I. The Meridian School District has experienced phenomenal student growth the last ten years. The
high schools, middle schools, and elementary schools throughout the district are operating over
capacity.
2. Approval of Settlement Subdivision will have a significant impact on school enrollments at
Discovery Elementary, Lowell Scott Middle, and Eagle High School.
3. We can predict that these homes, when completed, will house eight-five (85) elementary aged
children, sixty-five (65) middle school aged children, and forty-seven (47) senior high aged
students. Additional students will further compound the current overcrowded situation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING SETTLEMENT BRIDGE SUBDMSION
(AZ-o3-035)
PAGE 9 OF 30
4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is cUlTently
operating beyond capacity. Future development will continue to have an impact on the district's
capacity.
E.
Adopt the Recommendations of the Central District Health Department as follows:
I. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall obtain
cUlTent best management practices for stonnwater disposal and design a stonnwater
management system that prevents groundwater and surface water degradation.
F.
Adopt the Recommendations of Settlers' Irrigation District as follows:
I. All inigationldrainage facilities along with their easements must be protected and
continue to function. The facility involved is the North Slough (Settlers Canal).
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of any S.LD.
facilities.
4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping
must be approved by Settlers Irrigation District.
5. All stonn drainage must be retained on-site.
6. The development must supply irrigation access to all lots within the above-mentioned
subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and
maintain the pressure irrigation system an agreement needs to be in place prior to the pre-
construction meeting.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION
(AZ-03-035)
PAGE 10 OF 30
7. According to the plans there is a pedestrian pathway located next to the Settlers Canal.
The canal in this area is extremely dangerous, especially to children, because of high
water velocity, and flows. SID does not recommend placing this pathway next to the
canal for safety reasons. However, if the pathway must be placed within SID's easements
the district will require a license agreement trom the developer and/or whoever shall have
ownership of the pathway. The agreement will address liability issues, as well as the
operation and maintenance of the canal system.
G.
Adopt the Recommendations of the Meridian Parks Department as follows:
1. Construct pathway (Meridian Loop) according to current published pathway standards.
H.
Adopt the action of the City Council taken at their March 9, 2004 meeting as follows:
For Clarification:
1. Pertaining to the waste ditch, this ditch shall be leveled with a slight elevation for the future
subdivision lots within the Settlement Bridge Subdivision so that the neighboring property's
water will not flow onto the lots within the subdivision. Additionally, a fence shall be
required along the property line, and the type of said fencing shall be approved by the
Planning and Zoning Department prior to construction.
2. Adequate water supply to meet the fire protection requirements must be constructed, installed
and operational prior to signature on the final plat, unless a non-build agreement is executed
and recorded prior to signature on the final plat. The non-build agreement will not be
released until all facilities required meet the fire protection requirements and are operational.
3. The City Council approved at its March 9, 2004 meeting to proceed with a new well site or
provide other means to increase water supply since currently there is not an adequate water
supply available for the proposed project. It is understood that for the City to provide a new
well site it will take an undetennined amount of time for the City to develop a well site,
including all the necessary testing and requirements pursuant to the Idaho Department of
Water Resources. Additionally, the additional water supply would need to be in place before
any development could occur.
4. The Public Works Department provided two alternatives for supplying water to the
proposed project, and said options are noted as follows:
1.
Construction of an additional well in the high-pressure zone.
2.
Routing water supply trom the low-pressure zone to the high-pressure zone by
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION
(AZ-03-035)
PAGE 11 OF 30
pipeline and pressure-reducing valve station(s).
The City would maintain control of the design, plans, and construction of the
improvements. If other projects in the high-pressure zone north of Us tick Road
benefit from this method and if Capital Development reimburses the City for this
expense, it is recommended that Capital Development be eligible for a latecomers
agreement. Public Works shall determine which improvements shall be made.
Any required reimbursement must be paid prior to signature on the final plat.
13.
In Chapter VII of the Comprehensive Plan "medium density" is defined as areas
including single-family homes at densities of three to eight dwelling units per acre. It is found that
the requested zoning designation, R-8, is hannonious with and in accordance with the 2002
Comprehensive Plan and the Future Land Use Map, which designates the land to be "Medium
Density Residential".
14.
Concurrent with the annexation and zoning application, the applicant has submitted a
preliminary plat proposing single-family lots on the subject site (Settlement Bridge Subdivision, PP-
03-041). It is not anticipated that the applicant intends to rezone the subject property in the future.
IS.
It is found that the proposed single-family development would be allowed within the
requested R-8 zone, as it is accompanied with a Conditional Use Permit for a Planned Development.
16.
It is found that the land to the north, south, and west have been developed in a manner
similar to the proposed subdivision, with single-family dwelling units. Edinburgh Place Subdivision
#1 to the north has a gross densityof3.1 dwelling units per acre. Heritage Subdivision to the south
has a density of approximately I dwelling unit per acre. Havasu Creek Subdivision to the west has a
gross density of 3.5 dwelling units per acre.
However, there have. been no recent street
improvements in the area. This section of McMillan Road is in ACHD's Capital Improvements Plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION
(AZ,03-035)
PAGE 12 OF 30
(CIP) for road widening in 2015. Locust Grove Road is not currently scheduled within ACHD's
Five Year Work Program or Capital Improvements Plan (CIP) for roadway widening. Other urban
services, such as sewer and water, are near to this site and the applicant should be able to extend such
services to the site. It is also found that the subject site is proposed for development in a fashion
similar to other properties in the area.
17.
It is found that the proposed R-8 zoning and subsequent residential use proposed with
the concurrent preliminary plat match the intended character of the vicinity, as noted on the Future
Land Use Map in the Comprehensive Plan. It is also found that the proposed zoning/uses can be
designed and constructed in a manner that will be harmonious with, and appropriate in appearance
with, the existing and intended character of the surrounding area. The existing character of the area
will, and is, currently changing, especially upon build-out of the proposed project and other similar
subdivisions in the general vicinity. It is found that the proposed zoning/uses will adversely change
the essential character of the area.
18.
Due to other existing and proposed uses near the site, it is not anticipated that the
proposed zoning/uses will be hazardous or disturbing to future or existing neighbors in the area.
19.
The Meridian Fire Department submitted a list of conditions and needs, and said list
is addressed above in 12.C. Water and sanitary sewer service are proposed to be extended fi:om
existing main lines adjacent to the proposed development. The Public Works Department has
detennined that an additional water supply well is needed in this vicinity. Discussions are ongoing
with this developer for a site within the subdivision for a new well. The developer has indicated to
staff that it may be possible to locate the well within the "Grove" common area. The developer and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION
(AZ-03-035)
PAGE 13 OF 30
staff from the Public Works Department are continuing to work on the location of the well site. This
project went before ACHD's consent agenda on January 28, 2004, and ACHD, with site-specific and
standard conditions, approved the subject development. Review of the ACHD report concerning this
subdivision will provide further infonnation.
20.
The developer will be financing the extension of sewer, water, local street
infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve
the future residents will be fire, police, school facilities and services, and the construction of a new
municipal well within the proposed development. It is found that there will not be excessive
additional requirements at public cost for public services and facilities and that the annexation and
zoning will not be detrimental to the community's economic welfare.
21.
According to the Traffic hnpact Study (TIS) prepared by Dobie Engineering, Inc., the
proposed project is anticipated to generate 2,490 vehicle trips per day. It is recognized that traffic
and noise will increase with the approval of this subdivision; however, it is not believed that the
amount generated will be detrimental to the general welfare of the public. It is not anticipated that
the proposed annexation and subsequent uses will create excessive noise, smoke, fumes, glare or
odors. It is found that the proposed residential zoning/uses will not be detrimental to people,
property or the general welfare of the area.
22.
The applicant is proposing to construct one public street entrance into the site from
Locust Grove Road, and one public street entrance into the site from McMillan Road. If the two
proposed vehicular approaches are approved by ACHD, it is not believed that the subdivision will
create interference with traffic on the sUITounding public streets.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION
(AZ-Q3-035)
PAGE 14 OF 30
23.
It is found that there are some existing trees and other mature landscaping near the
existing fannhouse (near McMillan Road) that should be retained and protected. Anyexistingtrees
larger than 4" caliper that are removed shall be mitigated for, per the Landscape OrdinanceMCC 12-
13-13. There will need to be an adopted plan of how to protect the "grove" trees during demolition
of the fann house and new construction near the grove. There should be tree protection zones
established and fenced before demolition begins. The applicant shall work with the City Arborist,
Elroy Huff, on designing and implementing a protection plan. If any trees are deemed to be a hazard,
diseased or dying by the City Arborist, prior to removal, mitigation will not be required for those
trees. It is further recommended that the applicant verifY the status of the existing trees prior to
submitting final plat and detailing any required mitigation on the detailed landscape plan submitted
with the final plat. The applicant is proposing to relocate and leave the North Slough open abutting
the site. It is believed that the North Slough is a scenic feature that should be protected.
It is found that the proposed annexation and zoning should not result in the loss or damage of
any natural or scenic features, as long as the majority of the grove area is adequately protected and
the North Slough is relocated in a manner that does not negatively impact its beauty. There is no
awareness of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing
this site to be annexed, zoned and developed with residential uses.
24.
It is found that the annexation and zoning of this property to R-8 would be in the
best interest of the City.
25.
It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING SETTLEMENT BRIDGE SUBDMSION
(AZ-03-035)
PAGE 15 OF 30
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
26.
It is also found that the development considerations as referenced in Finding No.
12 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is hannonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
27.
Currently, there is an inadequate water supply for the proposed project.
28.
A well site in Westborough Subdivision, ~-mile south of Chin den on the west
side of Locust Grove has been secured, and development of the well has begun. If the well proves
acceptable, both as to quality and quantity of water, the well will satisfY the water demands for
this project.
29.
The Public Works Department provided two alternatives for supplying water to
the proposed project, and said options are noted as follows:
1.
Construction of an additional well in the high-pressure zone.
2.
Routing water supply from the low-pressure zone to the high-pressure zone by
pipeline and pressure-reducing valve station(s).
The City would maintain control of the design, plans, and construction of the
improvements. If other projects in the high-pressure zone north of Us tick Road
benefit from this method and if Capital Development reimburses the City for this
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION
(AZ-03-O35)
PAGE 16 OF 30
expense, it is recommended that Capital Development be eligible for a latecomers
agreement. Public Works shall determine which improvements shall be made.
Any required reimbursement must be paid prior to signature on the final plat.
30.
The developer has agreed to reimburse the City for the cost of option #2
hereinabove, if this option is selected by the City.
31.
Imposing a non-build agreement upon the development will provide the security to
the City until such time as the water is available, and the non-build agreement will not be released
until all facilities required meet the fire protection requirements and are operational.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies :within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2.
The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4.
The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION
(AZ-03-035)
PAGE 17 OF 30
Chapter VI, Goal III, Objective A, Action 3; and
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:
fRog) Medium Density Residential District: The purpose of the R-8 District is to pennit
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwellìng units per acre. This District delineates those areas where such development has or
is likely to occur in accord with the Comprehensive Plan of the City and is also designed to
pennit the conversion of large homes into tow-family dwellìngs in well-established
neighborhoods of comparable land use. Connection to the Municipal water and sewer
systems of the City is required.
6.
Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt vs. The Citv ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
7.
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized inigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8.
Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LA W, the City Council does hereby Order and this does
Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION
(AZ-03-035)
PAGE 18 OF 30
1.
The applicant's request for annexation and zoning of approximately 70.64 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 70.64 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall confonn
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3.
Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
1. Existing Wells & Septic: Any existing domestic wells and/or septic systems within
this project will have to be removed from their domestic service, per City Ordinance Section
5-7-517, when services are available from the City of Meridian. Wells maybe used fornon-
domestic purposes such as landscape irrigation.
2. Development Agreement: A Development Agreement (DA) shall be entered into
between the City of Meridian and the Applicant as part of the Annexation/Zoning
application. The DA shall outline any special conditions placed upon the Preliminary Plat
and Conditional Use applications.
3.
The subject property lies within Meridian's Urban Services Planning Area.
4. The Public Works Department has determined that an additional water supply well is
needed in this vicinity. The developer shall negotiate with the City of Meridian for the
acquisition of a parcel for a new municipal well within this site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDNISION
(AZ-03-035)
PAGE 19 OF 30
B.
Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
l. Dedicate 48-feet of right-of-way from the centerline of McMillan Road abutting the
parcel by means of a warranty deed. The right-of-way purchase and sale agreement
and deed must be completed and signed by the applicant prior to scheduling the final
plat for signature by the ACHD Commission or prior to issuance of a building pennit
(or other required pennits), whichever occurs first. Allow up to 30 business days to
process the right-of-way dedication after receipt of all reques,ted material. The owner
will be paid the fair market value of the right-of-way dedicated which is an addition to
existing ACHD right-of-way ifthe owner submits a letter of application to the impact
fee administrator prior to breaking ground, in accordance with the ACHD Ordinance
in effect at that time (currently Ordinance #198), if funds are available.
OR
Dedicate 38-feet of right-of-way from the centerline ofMcMiI1an Road abutting the
parcel by means of a warranty deed. The right-of-way purchase and sale agreement
and deed must be completed and signed by the applicant prior to scheduling the final
plat for signature by the ACHD Commission or prior to issuance of a building permit
(or other required pennits), whichever occurs first. Allow up to 30 business days to
process the right-of-way dedication after receipt of all requested material. The owner
will be paid the fair market value of the right-of-way dedicated which is an addition to
existing ACHD right-of-way if the owner submits a letter of application to the impact
fee administrator prior to breaking ground, in accordance with the ACHD Ordinance
in effect at that time (currently Ordinance #198), iffunds are available.
2. Construct a 10-foot asphalt pathway on McMiI1an Road in lieu of constructing a 5-
foot concrete sidewalk if the pathway is maintained by the homeowners Association.
Construct the pathway to be located a minimwn of 41- feet from the centerline of
McMillan Road.
OR
Construct a 5-foot concrete sidewalk on McMiI1an Road located a minimwn of 41-feet
from the centerline of McMiI1an Road. If the sidewalk should meander outside of the
right-of-way, the applicant should provide the District with an easement for the sidewalk.
3.
The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet of right-of-way along Locust Grove Road, and
construct a minimwn 5-foot wide concrete sidewalk along Locust Grove Road, located a
minimwn of 28-feet from the centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimwn 5-foot wide concrete
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION
(AZ-O3-O35)
PAGE20 OF 30
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.
4. Construct a main entrance (North Schumann Avenue) to intersect McMillan Road
approximately 1,000-feet west of the east property line and align with Schumann Avenue,
as proposed.
5. Construct a main entrance (East Trinity Springs Drive) to intersect Locust Grove Road
approximately 515- feet north of the south property line, as proposed.
6. Construct a stub street (East Trinity Springs Street) to the east property line
approximately 400-feet north of the south property line, as proposed. Install a sign at the
tenninus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE".
7. Construct a stub street to the 6.64-acre site that is located directly to the east at this time
with the ability for the site specific requirement to be removed in the future, IF:
The 6.64-acre site to the east submits a development application before this phase of
Settlement Bridge Subdivision is final platted
AND
The 6.64-acre site has connectivity and access as required by District policy.
8. Construct North Schumann Avenue (from McMillan Road to North Trail Blazer Drive)
and East Trinity Springs Drive (from Locust Grove Road to 240-feet east of North Bach
Way) as a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks
on both sides of the roadway within 50-feet of right-of-way.
9. Construct North Sharp Shooter Court, East Territory Court and North Stampede Place as
a 29-foot street section within 42-feet of right-of-way, as proposed. Adequately sign the
roadway to prohibit parking on one side. Submit a copy of the signage plan to District
staff for review and approval.
10. Construct East Red Rock Court (east of East Sidewinder Drive), North Pathfinder Place
(north of East Red Rock Drive), North Aberdeen Place (south of North Trail Blazer
Drive), North Mendelson Avenue (north of North Trail Blazer Drive), Mountain Man
Way, the cul-de-sac on Trinity Springs Drive between Schubert Avenue and Expedition
Way, North Schubert Avenue (north and south of East Trinity Springs Drive), East Swift
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION
(AZ-03-035)
PAGE 21 OF 30
Water Street (between North Schubert Avenue and North Mountain Man Way), East
Swift Water Street (east of Schumann Avenue) and North Pier Place as 33-foot street
sections with rolled curb, gutter and 5-foot attached concrete sidewalks on both sides of
the roadway within 50-feet of right-of-way, as proposed.
II. Construct the remaining internal roadways as 36-foot street sections with rolled curb,
gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way, as proposed.
12. Construct seven cul-de-sac turnarounds with islands within the turnarounds, as proposed.
Provide a minimum turning radius of 45-feet in each turnaround. Provide a minimum of
a 29-foot street section on either side of any proposed center islands within the
turnarounds. Construct the islands/medians to be constructed a minimum of 4-feet wide
to total a minimum of a 100-square foot area.
13. Construct an approved turnaround at the tenninus of North Sharp Shooter Court
OR
Construct these proposed roadways as private streets or common driveways with the review
and approval of the City of Meridian.
14. Construct an approved turnaround at the tenninus of East Territory Street
OR
Construct these proposed roadways as private streets or common driveways with the review
and approval of the City of Meridian.
IS. Construct an approved turnaround at the tenninus of East Swift Water Drive
OR
Construct these proposed roadways as private streets or common driveways with the review
and approval of the City of Meridian
16. Construct the island/median within North Schumann Avenue to match the island on the
north side of McMillan at the intersection of North Schumann Avenue and McMillan
Road. (The island should be approximately lO-feet in width at the throat of the street and
can enlarge as they enter the subdivision).
17. Construct the island/median within East Trinity Springs Drive to be a maximum width of
la-feet at the intersection of Locust Grove Road. (The island should be approximately
lO-feet in width at the throat of the street and can enlarge as they enter the subdivision).
18. Any proposed landscape islands/medians within the public right-of-way dedicated by this
plat are required to be owned and maintained by a homeowners association. Construct
the islands/medians to be a minimum of 4-feet wide to total a minimum of a 100-square
foot area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING SETTLEMENT BRIDGE SUBDIVISION
(AZ-03-035)
PAGE 22 OF 30
19. Construct a left-turn lane on McMillan Road at the intersection ofShumann Avenue and
McMillan Road, as described in the submitted traffic impact study. Coordinate the
design ofthe taper with District staff.
20. Construct a left-turn bay on Schumann Avenue at the intersection ofShumann Avenue
and McMillan Road, as described in the submitted traffic impact study. Coordinate the
design of the taper with District staff.
21. Other than the access points that have specifically been approved with this application,
direct lot access to McMillan Road and Locust Grove Road is prohibited. Notes of this
access restriction will be required to be noted on the final plat.
22. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street ITontages 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 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
pennit (or other required pennits), which incorporates any required design changes.
7. Construction, use and property development shall be in confonnance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION
(AZ-03-035)
PAGE 23 OF 30
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County Highway District Road
hnpact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. 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 confinnation of any change from the Ada County Highway
District.
II. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless a waiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
C.
Adopt the Meridian Fire Department Recommendations as follows:
I. That a fire-flow as required by the Intemational Fire Code is provided to service the entire
project. Fire hydrants shall be placed an average of350' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
4. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a turn around.
5. All entrances and internal roads shall have a turning radius of28' inside and 48' outside.
6. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
7. No vertical obstructions or mature landscaping which obstructions the outlets of the fire
hydrant within 10'.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION
(AZ-O3-035)
PAGE24 OF 30
D.
E.
8. All fire lanes shall have a clear driving surface which is 20' wide available at all times.
9. The Meridian Fire Department would like to request that N. Pier PI. be connected to E.
McMillan Rd. Streets longer that 750' require special approval according to the 2000
International Fire Code Appendix D. The Meridian Fire Department would accept an
emergency access on the north end ofN. Pier Place where the access for the sewer easement
will be built. Barricades at this access will need to be approved by Meridian Fire Department
and the Meridian Public Works Department.
10. The following areas shall have red curbs Block 4 Lots 12, 13, 14, 15,35,36,37,38,39,40,
Block 5 Lot 16, 17, 18, 19,20,2I,Block64,5,6, 7, 8, Block 1, Lot 30thru 36, Block 6 Lots
46 thru 50,39 thru 43.
11. Recommend connecting Territory & Stampeded to prevent blocking of the roadway due to
limited parking.
12. Parking shall be limited to one side on all 29' wide street sections.
Adopt the Recommendations/Comments of Joint School District No.2 as follows:
I.
The Meridian School District has experienced phenomenal student growth the last ten years. The
high schools, middle schools, and elementary schools throughout the district are operating over
capacity.
2.
Approval of Settlement Subdivision will have a significant impact on school enrollments at
Discovery Elementary, Lowell Scott Middle, and Eagle High School.
3.
We can predict that these homes, when completed, will house eight-five (85) elementary aged
children, sixty-five (65) middle school aged children, and forty-seven (47) senior high aged
students. Additional students will further compound the CUlTent overcrowded situation.
4.
School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently
operating beyond capacity. Future development will continue to have an impact on the district's
capacity.
Adopt the Recommendations of the Central District Health Department as follows:
1.
This proposal can be approved for central sewage & central water after written approval
ITom appropriate entities is submitted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION
(AZ-03-O35)
PAGE 25 OF 30
2. The Applicant's central sewage and central water plans must besubmitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
F.
Adopt the Recommendations of Settlers' Irrigation District as follows:
1. All irrigation/drainage facilities along with their easements must be protected and
continue to function. The facility involved is the North Slough (Settlers Canal).
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of any S.LD.
facilities.
4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping
must be approved by Settlers Irrigation District.
5. All storm drainage must be retained on-site.
6. The development must supply irrigation access to all lots within the above-mentioned
subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and
maintain the pressure irrigation system an agreement needs to be in place prior to the pre-
construction meeting.
7. According to the plans there is a pedestrian pathway located next to the Settlers Canal.
The canal in this area is extremely dangerous, especially to children, because of high
water velocity, and flows. SID does not recommend placing this pathway next to the
canal for safety reasons. However, if the pathway must be placed within SID's easements
the district will require a license agreement ITom the developer and/or whoever shall have
ownership of the pathway. The agreement will address liability issues, as well as the
operation and maintenance of the canal system.
G.
Adopt the Recommendations of the Meridian Parks Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION
(AZ-03-035)
PAGE 26 OF 30
1. Construct pathway (Meridian Loop) according to current published pathway standards.
H.
Adopt the action of the City Council taken at their March 9, 2004 meeting as follows:
For Clarification:
I. Pertaining to the waste ditch, this ditch shall be leveled with a slight elevation for the future
subdivision lots within the Settlement Bridge Subdivision so that the neighboring property's
water will not flow onto the lots within the subdivision. Additionally, a fence shall be
required along the property line, and the type of said fencing shall be approved by the
Planning and Zoning Department prior to construction.
2. Adequate water supply to meet the fire protection requirements must be constructed, installed
and operational prior to signature on the final plat, unless a non-build agreement is executed
and recorded prior to signature on the final plat. The non-build agreement will not be
released until all facilities required meet the fire protection requirements and are operational.
3. The City Council approved at its March 9, 2004 meeting to proceed with a new well site or
provide other means to increase water supply since currently there is not an adequate water
supply available for the proposed project. It is understood that for the City to provide anew
well site it will take an undetennined amount of time for the City to develop a well site,
including all the necessary testing and requirements pursuant to the Idaho Department of
Water Resources. Additionally, the additional water supply would need to be in place before
any development could occur. Public Works shall detennine which improvements shall be
made. Any required reimbursement must be paid prior to signature on the final plat.
4. The Public Works Department provided two alternatives for supplying water to the
proposed project, and said options are noted as follows:
1.
Construction of an additional well in the high-pressure zone.
2.
Routing water supply from the low-pressure zone to the high-pressure zone by
pipeline and pressure-reducing valve station(s).
The City would maintain control of the design, plans, and construction of the
improvements. If other projects in the high-pressure zone north of Us tick Road
benefit from this method and if Capital Development reimburses the City for this
expense, it is recommended that Capital Development be eligible for a latecomers
agreement. Public Works shall detennine which improvements shall be made.
Any required reimbursement must be paid prior to signature on the final plat.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION
(AZ-03-035)
PAGE 27 OF 30
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 of this Order the
engineering staffofthe Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance
with the prøvisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the govemingbody of the City of Meridian,
pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real
property which may be adversely affected by this decision may, within twenty-eight (28) days after
the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the
L-If...
Ð - day of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION
(AZ-03-035)
PAGE 28 OF 30
+-(z
,2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED~
COUNC~MANCHARLIEROUNTREE
VOTED $'5-
COUNCILMAN KEITH BIRD
VOTED~~
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 4-6-&4-
VOTED
-
MOTION:
APPROVED:+ DISAPPROVED:-
Attest:
BY:~Þ~¿~
City Clerk
Z;\ Work\M\MoriWan\Meridian 15360MlSett1ement Bridge Sub AZ-O3-o35 PP-o3-041 CUP-o3-065IAZFfCI&Order.duc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION
(AZ-O3-035)
PAGE30 OF 30
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