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Kissler/Cobbs/Eagy/Ruwe AZ 03-018 " n ADA CDUNTY RECDRDER J. DAVID NAVARRO ~ J~ BOISE IDAHO 08I20IO4 01 :34PM ..., 0 DEPUTY Joanne Hooper ~~~~9~~TyREQUEST OF 1111111111111111111111111111111111111 -!MOUN~____~ 07406 DEVELOPMENT AGREEMENT PARTIES: 1. 2. 3. 4. 5. 6. City of Meridian James A. Kissler, LLC, an Idaho limited liability company, Owner Jack C. Kennevick and Mary Anne Kennevick, Owner Lyle R. Cobbs and Donna 1. Cobbs, Owner Richard 1. Jordan and Kathleen A. Jordan, Owner Janet Ruwe, Owner THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this .II~ day of Muc/r...; , 2004, by and between CITY OF MERIDIAN, a municipal corporátion of the State ofIdaho, hereafter called "CITY', and JAMES A. KISSLER, LLC, an Idaho limited liability company, whose address is 1125 W. Amity Road, Boise, Idaho 83705-5494, and JACK C. KENNEVICK AND MARY ANNE KENNEVICK, husband and wife, whose address is 1 Mesa Vista Dr., Boise, Idaho 83705-5934, and LYLE R. COBBS AND DONNA 1. COBBS, husband and wife, whose address is 326 N. Orchard, Boise, Idaho, RICHARD 1. JORDAN AND KATHLEEN. A. JORDAN, husband and wife, whose address is 'lIé37/1hry, I/;r.c¿o/ R6 I ¡(¿¡/itA, xVA-#o , and JANET UWE, an unmarried person, whose address is 2935 N. Eagle Road, Meridian, Idaho 83642, and all hereinafter called "OWNERS". 1. RECITALS: 1.1 WHEREAS, "OWNERS" is the sole owner, 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 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of fe-zoning that the "Owners" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and DEVELOPMENT AGREEMENT (AZ-O3-018) PAGE 1 OF 24 1.8 1.9 1.9 1.4 WHEREAS, "Owners" have submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (C-G) General Retail and Service Commercial District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owners" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and WHEREAS, City Council, the qt!. day of/J1MCÁ.-, 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 1.7 WHEREAS, the Findings require the "Owners" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and "OWNERS" 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 "Owners" 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 DEVELOPMENT AGREEMENT (AZ-O3-018) PAGE 2 OF 24 zoning designation ITom government subdivisions providing services within the planning jurisdiction and ITom affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. 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 "CITY"; means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue oflaw of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. "OWNERS": means and refers to JAMES A. KISSLER, LLC, an Idaho limited liability company, whose address is 1125 W. Amity Road, Boise, Idaho 83705-5494, and JACK C. KENNEVICK AND MARY ANNE KENNEVICK, husband and wife, whose address is I Mesa Vista Dr., Boise, Idaho 83705-5934, and LYLE R. COBBS AND DONNA 1. COBBS, husband and wife, whose address is 326 N. Orchard, Boise, Idaho, RICHARD 1. JORDAN AND KATHLEEN A. JORDAN, husband and wife, whose address is ~ b , and JANET ROW, an unm . ed person, whose address is 2935 N. Eagle Road, Meridian, Idaho 83642, the party owning said "Property" being developed and shall include any subsequent owner(s)/developer(s) of the "Property". DEVEWPMENT AGREEMENT (AZ-03-018) PAGE 3 OF 24 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C-G attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (K) which are herein specified as follows: Annexation and Zoning of 36.33 acres to C-G, with the Concept Plan dated December 22, 2003 showing Commercial uses, Commercial/Office uses, High Density Commercial uses, Multi- family residential uses, Residential uses, and Transitional uses, and all uses shall be required to go through the Conditional Use Permit process for approval 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owners" have submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owners" shall develop the "Property" in accordance with the following special conditions: ANNEXATION AND ZONING CONDITIONS: DEVELOPMENT AGREEMENT (AZ-O3-018) PAGE 4 OF 24 A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. 2. 3. The parcel is contiguous to existing city limits. Essential City services will be made available to the subject property. It shall be required that all future uses within the boundaries of this annexation only be approved through the Conditional Use Permit process and either a public or private backage street parallel with Eagle Road/SH 55 be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any CUP applications being submitted for any of the three (3) parcels on the west side of Eagle Road/SH 55. Any residential uses required by the City Council shall also be addressed as part of the DA. The following Comprehensive Plan policies (ITom Chapter VI and VIT) are applicable to all future development within the boundaries of this annexation: Transportation Policies Applicable to the Kissler Annexation: . "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. . New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. . In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage altemative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. DEVEWPMENT AGREEMENT (AZ-O3-0 18) PAGE 5 OF 24 4. . Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's qualityoflife. The proposed off-street and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." . Mixed Use Development Policies Applicable to the Kissler Annexation: . "Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; . Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted; . In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; . Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." Remove any existing domestic wells and/or septic systems within this project ITom their domestic service, per City Ordinance Section 5-7-517, when services are available ITom the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. DEVELOPMENT AGREEMENT (AZ-O3-018) PAGE 6 OF 24 B. Adopt the Recommendations of the ACHD as follows: 1. The applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed ITom impact fees to be collected solely ITom the applicant's specific development project) 48-feet of right-of-way ITom centerline along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet ITom the centerline ofthe right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet ITom 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 Ú stick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimum of 3 OO-feet from an arterial roadway (measured centerline to centerline). 3. Construct any driveways that are proposed to intersect U stick Road to align or offset a minimum of 230-feet ITom any existing or proposed driveway or street. 4. Once the access points have been approved by the District, they are to be identified as such on the construction drawings. The remaining ITontage along arterial and collector streets shall be identified as having no access. 5. Comply with requirements ofITD for Eagle Road ITontage. Submit a letter ITom ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact The Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334-8300. 6. Comply with all Standard Conditions of Approval. DEVELOPMENT AGREEMENT (AZ-O3-018) PAGE 7 OF 24 7. Any existing irrigation facilities shall be relocated outside of the right-of-way. 8. All utility relocation costs associated with improving street ITontages abutting the site shall be borne by the developer. 9. 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. 10. 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. 11. 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. 12. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 13. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 14. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 15. 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. DEVELOPMENT AGREEMENT (AZ-O3-018) PAGE 8 OF 24 16. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change ITom the Ada County Highway District. 17. 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, regujations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and twofamily dwellings will require a fire-flow ofl,OOO gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. (IFC) 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in ITont of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. D. Adopt the Recommendations of the State of Idaho Transportation Department as follows: I. SH/55 has been designated a Principal Arterial. IDT would like to preserve DEVEWPMENT AGREEMENT (AZ-O3-018) PAGE 90F 24 this corridor by recognizing the following conditions: a. Future right of way widths will be: A: 120 feet each side of centerline (240 feet total) for building setbacks and to include a ITontage road, or.lt 70 feet each side of centerline (140 feet total) if the developer provides an internal ITontage road type system to feeder roads. 2. Access to a Principal Arterial Type IV will be intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than intersections) maybe permitted in special cases and on a temporary basis as follows: (1) Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a ITontage or backage road. (2) Shall be recorded at the County Recorders Office. (3) Temporary access restrictions will be noted on the permit. 3. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed off of the State right-of-way. E. Adopt the action of the City Council taken at their February 24, 2004 meeting as follows: 1. All uses must be approved through the Conditional Use Permit process as shown on the Concept Plan, dated: DEe. 22 2003, NO. 1529, as presented at the February 24, 2004 City Council meeting, and which Concept Plan is hereby approved and attached hereto as Exhibit "COO. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owners" or "Owners" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT (AZ-O3-018) PAGE 10 OF 24 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owners" 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 "Owners" and if the "Owners" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owners" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 10.2 In the event "Owners" or "Owners" heirs, successors, assigns, or subsequent owners of the "Property" or any otherperson acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. A waiver by "City" of any default by "Owners" 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" cost, and submit proof of such recording to "Owners", 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 DEVELOPMENT AGREEMENT (AZ-O3-018) PAGE 11 OF 24 "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 "Owners", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 13.2 In the event of a material breach of this Agreement, the parties agree that "City" and "Owners" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. In the event the performance of any covenant to be performed hereunder by either "Owners" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation,. acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount 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 "Owners" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owners" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the DEVELOPMENT AGREEMENT (AZ-O3-018) PAGE 12 OF 24 "City" and "Owners" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owners" agree to abide by all ordinances of the City of Meridian and the "Property" shall be subj ect to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNERS: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 James A. Kissler, LLC, an Idaho limited liability company 1125 W. Amity Boise, Idaho 83705-5494 with copy to: JackC. Kennevick and MaryAnne Kennevick 1 Mesa Vista Dr. Boise, Idaho 83705-5934 City of Meridian City Clerk 33 E. Idaho Ave. Meridian, ID 83642 Lyle R. Cobbs and Donna 1. Cobbs 326 N. Orchard Boise, Idaho Richard 1. Jordan and Kathleen A. Jordan 1::;.~~ //ÆUbjl?b , Idaho Janet Ruwe 2935 N. Eagle Road Meridian, Idaho 83642 DEVELOPMENT AGREEMENT (AZ-O3-018) PAGE 13 OF 24 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owners" 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 "Owners", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owners" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised ITom this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owners" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owners" and "City", other than as are stated herein. Except as herein otherwise. provided, no subsequent DEVELOPMENT AGREEMENT (AZ-O3-018) PAGE 14 OF 24 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-03-018) PAGE150F24 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Attest: BY: OWNERS: By,ç¡~ Æ Æ;;:L J s A. Kissler . """""'" .,.., ~ W A. ""'~ ~" 7":,~ ...;,\l(./,J. ~'Io~ lêY' " :oCI;'. ~Þ>RY -- \ = '<' i ....0 .: : u .... ,.' v: : .. ",.. \--\ P\J~" /.g¡ "... ..."",," ,t '. J' ........ \.v " "'" 1'..¡ TE O<t "", ~""L 'tU~ ~: II-JJ)-Oç BY: Jack C. Kennevick BY: Mary Anne Kennevick BY: Lyle R. Cobbs BY: Donna 1. Cobbs DEVELOPMENT AGREEMENT (AZ-O3-018) PAGE 16 OF 24 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinaboveprovided. OWNERS: BY: James A. Kissler Attest: BY: BY'1... -~ '" y~..;J- J k C. Kennevid: .~a'L~ M Kennevick BY:LYl~¿~ 4~ BY: ,\~ X, Ð#£¿ Donna 1. Cobbs DEVELOPMENT AGREEMENT (AZ-O3-018) PAGE160F24 Attest: Jld4-:Ä CITY CLERK BY: WpJ I ~ Richard 1. Jordan tl By:/I(d j--!~ ¿{. >PzdCL-rl Kathleen A. Jordan. t/ ~~hJ¿ an Ruwe CITY OF MERIDIAN DEVELOPMENT AGREEMENT (AZ-O3-018) PAGE 17 OF 24 STATE OF IDAHO) :ss COUNTY OF ADA) On this I ( day of ~ , in the year 2004, before me, a Notary Public, personally appeared James A. Kissler and , known or identified to me to be the and ofJAMES A. KISSLER, an Idaho limited liability company, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said limited liability corporation. ~ ~ '-W~ Notary Public for Ida.ho Residing at: ~ ~ Commission expires: /f-;;uJ - 0 <; (SEAL) STATE OF IDAHO) :ss COUNTY OF ADA) On this ( tl.. day of ~ , in the year 2004, before me, a Notary Public, personally appeared JACK C. KENNEVICK and MARY ANNE KENNEVICK, husband and wife, known or identified to me to be the persons who executed the instrument and acknowledged to me that they having executed the same. ~ ~ '-lj/~ (SEAL) Notary Public for Idaho Residing at: ~ ~ Commission expires: If -;)..0 -Dr DEVELOPMENT AGREEMENT (AZ-O3-018) PAGE 18 OF 24 STATE OF IDAHO) :ss COUNTY OF ADA) On this (tJ.. day of ~ ; in the year 2004, before me, a Notary Public, personally appeared LYLE R. COBBS and DONNA 1. COBBS, husband and wife, known or identified to me to be the persons who executed the instrument and acknowledged to me that they having executed the same. (SEAL) ~ CL-. (j) ~ Not~ Public f91 Ida~lO ~ j Resldmg at: ~ ~ Commission expires: /f-"d. ð -0 ç STATE OF IDAHO) :ss COUNTY OF ADA ) On this I.P... day of ~ , in the year 2004, before me, a Notary Public, personally appeared RICHARD 1. JORDAN and KATHLEEN A. JORDAN, husband and wife, known or identified to me to be the persons who executed the instrument and acknowledged to me that they having executed the same. ~ ~ '-UI~ (SEAL) Notary Public for Idaho Residing at: ~ ~- Commission expires: (I-::J...tf) -OJ DEVELOPMENT AGREEMENT (AZ-O3-018) PAGE 19 OF 24 STATE OF IDAHO) :ss COUNTY OF ADA) On this / fo day of ~ , in the year 2004, before me, a Notary Públic, personally appeared JANET RUWE, an unmarried person, known or identified to me to be the person who executed the instrument and acknowledged to me that she having executed the same. (SEAL) STATE OF IDAHO) :ss ~~'W~ Notary PUb1iC~ Residing at: ~ Commission expires: t, -:Lß --ð r County of Ada On this 6-Hr day of t,' / , in the year 2004, before me, a Notary Public, personally appeared arnmy de Weerd and WIlham G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) """"""""'" '.., ...\CE L. Sß- '- i~~~~""""# ::" .... .., \ "ÍI . "OT"ot. - <t$> \ ~ . -- :*~ ~ .\ ÞC¡BL\C¡' i . " . . ". ,... "" .' 0 ¡ '" ... l' ......" ~ .~ "..,."/J OF n)~..." "..........., DEVEWPMENT AGREEMENT (AZ-O3-018) PAGE 20 OF 24 EXHmIT A Lel!aJ Description Of Property KISSLER PROPERTY A Parcel of land lying in the Northwest Quarter of Section 4, Township 3 North, Range lEast of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at the a point in the intersection of Eagle Road and Ustick Road, said point marking the Northwest corner of said Section 4; thence along the centerline of said Ustick Road, South 89°49'08" East a distance of664.84 feet; thence South 00°35'55" West a distance 000.00; thence North 89°49'08" West a distance of 10.00 feet; thence South 00°35'55" West a distance of25.00 feet; thence South 89°49'08" East a distance of 10.00 feet; thence South 00°35'55" West a distance of 1235.86 feet; thence South 89°51 '00" East a distance of 105.08 feet; thence South 00°36' 13" West a distance of 93.77 feet; thence North 89°51 '00" West a distance of 770.02 feet to a point on the West line of said Section 4 in the centerline of said Eagle Road; thence along the said West line of Section 4, North 00°36' 13" East a distance of 1385 feet to the Point of Beginning. Said parcel contains 21.3 5 acres, more or less This description was compiled ITom information contained in Deed Instrument No.1 0 I 056225 and Record of Survey No. 5287 and is not the result of an actual survey made on the ground. KENNEVICKICOBBS/JORDAN PROPERTY A parcel ofland lying in the NE ~ of the NE ~ of Section 5, T.3N., RIE., of the Boise Meridian, and in Government Lot 4, Section 4, T.3N., R1E., of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Beginning at a point in the centerline of Us tick Road, marking the Northeast Corner of said Section 5, T.3N., R.IE. of the Boise Meridian, Ada County, Idaho, ITom which the N ~ Corner bears South 89°39'20" West a distance of2656.46 feet; thence along the centerline of Us tick Road (also the North line of said Government Lot 4) North 89°34'39" East a distance of27.57 feet to a point marking the centerline intersection of Ustick Road and State Highway 55 (Eagle Road); thence along the centerline of State Highway 55 (Eagle Road), South 01 °14'39" West a distance of 402.16 feetto a point DEVELOPMENT AGREEMENT (AZ-03-018) PAGE 21 OF 24 marking the extension of the southerly line of a parcel described in Instrument No. 8719320; records of Ada County, Idaho; thence along the extension of said southerly line North 84°06'00" West a distance of 18.94 feet to a point on the East line of said Section 5, said point being located South 00°00'00" West 400 feet ITom the said Northeast Corner of Section 5; thence along said southerly line North 84°06'00" West a distance of 480.00 feet; thence continuing along said southerly line, North 81 °54'00" West a distance of 24.72 feet; thence North 01 °05'59" East a distance of344.l8 feet to a pointin the centerline of Us tick Road (north line of Section 5); thence along the North line of said Section 5, North 89°39'20" East a distance of 495.33 feet to the Point of Beginning. Said parcel contains 4.48 acres, more or less. This description was compiled ITom deed information and other survey information provided and is not based on an actual survey made on the ground. RUWE PROPERTY A parcel ofland lying in the NE ~ NE ~ of Section 5, T.3N., R.l E., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a found Brass Cap lying along the centerline of Us tick Road and marking the NE Corner of said Section 5, T.3N., R.1E., B.M., Ada County, Idaho, said Brass Cap bears N89°39'20" E. 2656.46 feet ITom a found 5/8" iron pin marking the Nl/4 Corner of said Section 5, said Brass Cap also bears NOOOOO'OO" W. 2611.41 feet (formerly 2611.50 feet) ITom a found Brass Cap marking the E1I4 Corner of said Section 5; thence N. 89°34'39" E. 27.57 feet along the centerline of said Ustick Road to a found Brass Cap marking the centerline intersection of said Ustick Road and State Highway 55 (Eagle Road); thence S. 01 °14'39' W. 679.30 feet along the said centerline of State Highway 55 (Eagle Road) to a point, said point marking the REAL POINT OF BEGINN1NG: thence continuing along the said centerline of State Highway 55 (Eagle Road), S.OI °14'39" W. 277.00 feet to a point; thence N. 83°54'00" W. 150.84 feet to a point; thenceN. 64°11 '00" W. 79.87 feet to a point; thence S. 89°54'00" W. 200.00 feet to a point; DEVELOPMENT AGREEMENT (AZ-03-018) PAGE 22 OF 24 thence N. 79°01'00" W. 319.00 feet to a point; thence S. 77°06'00" W. 267.75 feet to a point; thence S. 87°06'00" W. 335.19 feet to a point lying on the easterly boundary of Carol's Subdivision No.2, as recorded in Book 39 of Plats at Pages 3248 and 3249, records of Ada County, Idaho; thence N. 00°15'11" W. 560.14 feet along the said easterly boundary of Carol's Subdivision No.2 to a point; thence S. 71 °28'10" E. 803.90 feet to a point; thence S. 83°54'01" E. 580.46 feet to the point of beginning, containing 10.50 acres, more or less. SUBJECT TO AND/OR TOGETHER WITH: Any easements or rights of way of record or in use. DEVELOPMENT AGREEMENT (AZ-03-018) PAGE 23 OF 24 EXHIBIT B Findin2s of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-03-018) PAGE 24 OF 24 BEFORE THE MERIDIAN CITY COUNCIL C/C 02/24/04 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION) AND ZONING OF 36.33 ACRES ) FOR PROPOSED ) KISSLERICOBBSIRUWE, ) LOCATED ON THE SOUTH SIDE) OF USTICK ROAD ON THE EAST) AND WEST SIDES OF EAGLE ) ROAD/SH 55, MERIDIAN, IDAHO) ) ) Case No. AZ-O3-018 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BRS ARCHITECTS, APPLICANT The above entitled annexation and zoning application having come on for public hearing on October 14, 2003 and continued until October 28, 2003, November 5, 2003, January 20, 2004, and February 24,2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Billy Ray Strite, Greg Eagy, Steve Grant, Jim Lau, and Eric Davis, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERICOBBSIRUWE (AZ-O3-018) PAGE 1 OF 23 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 36.33 acres in size and is located on the south side of Us tick Road on the east and west sides of Eagle Road/SH-55, 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: - Ruwe (2 parcels) 10.50 ac. - KennevickiCobbs/Jordan (1 parcel) 4.48 ac. - Kissler (1 parcel- east side) 21.35 ac. TOTAL ACREAGE 36.33 ac. * All property owners have provided notarized consent for the subject application. * Additionally, since the filing of the Annexation and Zoning application, Mr. Eagy, who owns 3 parcels consisting of 11.915 acres, withdrew his application at the City Council meeting held on November 5, 2003. The 36.33 acres does not include the Eagy parcel. 5. Applicant is BRS Architects. 6. The property is presently zoned RUT and consists oflow density residential and vacant land. 7. The Applicant requests that the property be zoned as C-G (General Commercial). 8. The subject property is surrounded by the following properties: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERICOBBSIRUWE (AZ-O3-018) PAGE 2 OF 23 North - One single family residence on 1.5 acres, zoned RUT (Ada Co.); large, undeveloped parcels, zoned RUT, and owned by W.H. Moore and Caven, me. (both designated as MU-Regional on the Future Land Use Map) South - On the west side of Eagie Road, an undeveloped, l7-acre parcel, zoned RUT (no existing residence); on the east side of Eagle Road, an undeveloped 2 I-acre parcel, zoned RUT. The 2 I-acre parcel is owned by Harry and Frances Bryson and is proposed as part of the pending Redfeather Estates annexation to a C-G zone (public hearing on 9-18-03). East - Two rural residential and pasture land parcels, zoned RUT (Ada Co.), both owned by the same party; the parcel with Ustick ITontage has an existing residence; designated as Mixed Use-Regional on Future Land Use Map West - Five (5) existing residential lots within Carol's Subdivision, zoned R-l (Ada Co.) 9. The Applicant has submitted a Concept Plan with the Annexation and Zoning of 36.33 acres to C-G, with the Concept Plan dated December 22, 2003 showing Commercial uses, Commercial/Office uses, High Density Commercial uses, Multi-family residential uses, Residential uses, and Transitional uses, and all uses shall be required to go through the Conditional Use Permit process for approval. 10. The Applicant requests zoning of the subject real property as C-G, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map, which designates the subject property as Mixed Use-Regional. II. There are no significant or scenic features of major importance that affect the consideration of this application. 12. Giving due consideration to the comments received ITom 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KlSSLERICOBBSIRUWE (AZ-O3-018) PAGE 3 OF 23 A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: I. The parcel is contiguous to existing city limits. 2. 3. Essential City services will be made available to the subject property. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian and the three (3) property owners. (Mr. Eagy withdrew his Annexation and Zoning request at the November 5, 2003 City Council meeting.) The DA shall require that all future uses within the boundaries of this annexation only be approved through the Conditional Use Permit process and either a public or private backage street parallel with Eagle Road/SH 55 be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any CUP applications being submitted for any of the three (3) parcels on the west side of Eagle Road/SH 55. Any residential uses required by the City Council shall also be addressed as part of the DA. The DA shall also cite the following Comprehensive Plan policies (ITom Chapter VI and VII) as applicable to all future development within the boundaries of this annexation: Transportation Policies Applicable to the Kissler Annexation: . "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. . New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. . In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. . Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality oflife. The proposed off-street and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KlSSLER/COBBSIRUWE (AZ-O3-018) PAGE 4 OF 23 New and existing developments should ensure that the guidelines laid out in this plan are adopted. . Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." Mixed Use Develonment Policies Annlicable to the Kissler Annexation: . "Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; . Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted; . In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; . Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 4. Remove any existing domestic wells and/or septic systems within this project ITom their domestic service, per City Ordinance Section 5-7-517, when services are available ITom the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. B. Adopt the Recommendations of the ACHD as follows: 1. The applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed ITom impact fees to be collected solely ITom the applicant's specific development project) 48-feet of right-of-way ITom centerline along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet ITom the centerline of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERICOBBSIRUWE (AZ-O3-018) PAGE 5 OF 23 b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 4l-feet ITom 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 Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimum of300-feet ITom an arterial roadway (measured centerline to centerline). 3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a minimum of230-feet ITom any existing or proposed driveway or street. 4. Once the access points have been approved by the District, they are to be identified as such on the construction drawings. The remaining ITüntage along arterial and collector streets shall be identified as having no access. 5. Comply with requirements ofITD for Eagle Road ITontage. Submit a letter ITom ITD regarding the said requirements prior to District approval of the final. plat or issuance of a building permit (or other required permits), whichever occurs first. Contact The Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334-8300. 6. Comply with all Standard Conditions of Approval. 7. Any existing irrigation facilities shall be relocated outside of the right-of-way. 8. All utility relocation costs associated with improving street ITontages abutting the site shall be borne by the developer. 9. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 10. 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. II. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERICOBBSIRUWE (AZ-O3-018) PAGE6 OF 23 procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 12. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 13. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 14. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. . 15. 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. 16. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change ITom the Ada County Highway District. 17. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. (IFC) 2. Acceptance of the water supply for fire protection will be by the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KlSSLERICOBBSIRUWE (AZ-O3-018) PAGE 7 OF 23 Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in ITont of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs ar~ required before combustible construction begins. UFC 901.4.2 & 901.3 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. D. Adopt the Recommendations of the State ofIdaho Transportation Department as follows: 1. SH/55 has been designated a Principal Arterial. IDT would like to preserve this corridor by recognizing the following conditions: a. Future right of way widths will be: A: 120 feet each side of centerline (240 feet total) for building setbacks and to include a ITontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal ITontage road type system to feeder roads. 2. Access to a Principal Arterial Type IV will be intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than intersections) maybe permitted in special cases and on a temporary basis as follows: (1) Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a ITontage or backage road. (2) (3) Shall be recorded at the County Recorders Office. Temporary access restrictions will be noted on the permit. 3. Noise abatement (berms, fences, etc.) will be the responsibility ofthe developer and will be constructed off of the State right-of-way. E. Adopt the action of the City Council taken at their February 24,2004 meeting as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KlSSLERICOBBSIRUWE (AZ-O3-018) PAGE 8 OF 23 1. All uses must be approved through the Conditional Use Permit process as shown on the Concept Plan, dated: DEC. 22 2003, NO. 1529, as presented at the February 24, 2004 City Council meeting, and which Concept Plan is hereby approved and attached hereto as Exhibit "C". 13. It is found that the 2002 Comprehensive Plan Future Land Use Map designates all of the subject properties as "Mixed Use- Regional." The purpose of this designation is "to provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. . .and to identify key areas [of the City] which are either infill in nature or situated in highly visible or transitioning areas of the City where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." (See Chapter VII, pg. 97.) The requested C-G zoning generally conforms to this stated purpose and intent of the MU-Regional designation. It is also found that the following 2002 Comprehensive Plan text policies to be applicable to this application: Mixed Use Area Comp Plan Policies mom Chapter VII) . All development within this designation will occur only under the Conditional Use Permit process, except the Mixed Use-Regional (areas). A CUP application would not be needed (for developments within the MU-Regional area) unless a project lies within 300 feet of an existing residence or school or CUP is otherwise required per ordinance. . Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69. . Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERICOBBSIRUWE (AZ-03-018) PAGE 9 OF 23 . Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged. . Residential density allowed of 3 to 40 units/acre. . No upper limit of non-residential uses (square footage). (See Chapter VII, pgs. 97-98, for the above-mentioned mixed use policies.) . Permit new. . .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter IV, Goal I, Obj. A, #6) . Encourage high-tech, research, pharmaceutical firms and high-quality retail facilities. (Chapter IV, Goal II, Obj. A) . Require all developments adjacent to designated entryway corridors to provide a minimum of35 feet of high quality, professional landscaping on the site adjacent to the roadway. (Chapter V, Goal III, Obj. B, #8) . Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997. (Chapter VI, Subsection 2, pg. 71) . Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. (Chapter VII, Goal I, Obj. B, #5) . Develop incentives for high-density development along major transportation corridors to support public transportation system. (Chapter VII, Goal IV, Obj. D, #7) 14. The general vicinity of this project is experiencing a rapid change ITom agricultural and low density residential uses to commercial/urban type development. Carol Professional Center is a six acre office park (zoned L-O) located less than a ~ mile south of the subject property on the west side of Eagle Road. Municipal water was extended east of Eagle Road a few years ago to serve Summer's Funeral Home. Providence Place Subdivision is a large, urban density residential FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERICOBBSIRUWE (AZ-03-018) PAGE 10 OF 23 subdivision located in Boise City less than 800 feet east of the Kissler parcel. W.H. Moore Company, who owns the 55+ acres at the NW comer of Us tick and Eagle, has had numerous discussions with the City regarding their intentions to develop a commercial/office park. It is found that a rezone of the proposed property would be compatible with other land use and facility changes in the area. 15. No uses are proposed with this application. Certain permitted uses in the C-G zone such as bus stations, outdoor entertainment uses, wholesale facilities and service stations, could have a negative impact on the existing residential uses, especially upon Carol's Subdivision. The other existing single-farnilyuses near the subject property (the Nesmith and Dealy parcels) are designated as future mixed use in the comprehensive plan. It is found that any future uses, if designed, constructed and operated in accordance with adopted city ordinances and future CUP applications, should be harmonious and appropriate in appearance with the existing character of the vicinity. 16. It is found that the majority of future uses on the subject property will not be hazardous or disturbing to existing or future neighboring uses if the requirements of all development and landscaping ordinances are met. Some uses may be disturbing to existing residential uses to the west but mitigation by conditions imposed through the Conditional Use Permit process should minimize those impacts. 17. It is found that roadway improvements will be required on Ustick Road to handle the additional traffic generated by future development. Sanitary sewer and water are either currently available or under construction to provide service to the area. All other public services and facilities noted above appear to be adequate to service this property. 18. It is found that this development will not cause excessive additional requirements at FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERICOBBSIRUWE (AZ-O3-018) PAGE 11 OF 23 public cost. The South Slough Trunk extension was funded by the City of Meridian. Other required site improvements will be funded and constructed by the developer. It is also found that the annexation and zoning alone will not be detrimental to the community's economic welfare. 19. It is found that several of the allowed uses in the C-G zone may involve activities, processes, materials, equipment or conditions that could produce excessive traffic and noise and have other public impacts. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of some uses such as fire hazards, bulk storage, and contractor's yards. To comply with this finding, it is recommended that a CUP be required for future uses, paying particular attention to uses along the shared boundary of Carol's Subdivision. 20. It is found that any future uses will impact the level and flow of traffic on the surrounding streets. Specific traffic counts will be determined at the time of development application. In accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg. 107), it is found that the number of vehicular access points to Ustick and Eagle Roads should be restricted and comply with ACHD policies in order to preserve the capacity and movement on these roadways at build-out. 21. It is found that the Milk Lateral bisects the proposed annexation properties and that the annexation alone will not result in the destruction, loss or damage of other natural features. 22. It is found that the annexation of this property would be in the best interest of the City for the following reasons: . increased commercial land base available to jùture developers; . increased property tax revenue; . municipal services are available to the area; and . application substantially complies with the Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERICOBBSIRUWE (AZ-O3-018) PAGE 12 OF 23 It is also found that, based upon the information submitted in the application, it is difficult to fully determine "best interest" factors, since no future users are known at this time. The CUPIPD process does grant the City a fairly high degree of design and use review authority, but the additional demand on staff to process such applications should also be considered. 23. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 24. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERICOBBSIRUWE (AZ-03-018) PAGE 13 OF 23 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: Chapter VII, pgs. 97 and 98 Chapter IV, Goal I, Obj. A, #6 Chapter IV, Goal II, Obj. A Chapter V, Goal III, Obj. B #8 Chapter VI, Subsection 2, pg. 71 Chapter VII, Goal I, Obj. B, #5 Chapter VII, Goal IV, Obj. D, #7 5. The zoningof(C-G) General Retail and Service Commercial is defined in the Zoning Ordinance at § 11-7-2 K as follows: (C-G) General Retail And Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function, the City has FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER/COBBSIRUWE (AZ-O3-018) PAGE 14 OF 23 authority to place conditions upon the annexation ofland. See Burt vs. The City 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 irrigation 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 LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 36.33 acres to (C-G) General Retail and Service Commercial is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 36.33 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERICOBBSIRUWE (AZ-Q3-018) PAGE 15 OF 23 conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: I. The parcel is contiguous to existing city limits. 2. Essential City services will be made available to the subject property. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian and the three (3) property owners. (Mr. Eagy withdrew his Annexation and Zoning request at the November 5, 2003 City Council meeting.) The DA shall require that all future uses within the boundaries of this annexation only be approved through the Conditional Use Permit process and either a public or private backage street parallel with Eagle Road/SH 55 be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any CUP applications being submitted for any of the three (3)parcels on the west side of Eagle Road/SH 55. Any residential uses required by the City Council shall also be addressed as part ofthe DA. The DA shall also cite the following Comprehensive Plan policies (ITom Chapter VI and VII) as applicable to all future development within the boundaries of this annexation: Transportation Policies Applicable to the Kissler Annexation: . "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. . New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. . In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERICOBBSIRUWE (AZ-03-018) PAGE 16 OF 23 transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. . . Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiple-use pathway systems are depicted in Figures VI-3 and VIA. New and existing developments should ensure that the guidelines laid out in this plan are adopted. Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." Mixed Use Development Policies Applicable to the Kissler Annexation: . "Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; . Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted; . In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; . Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 4. Remove any existing domestic wells and/or septic systems within this project ITom their domestic service, per City Ordinance Section 5-7-517, when services are available ITom the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. Adopt the Recommendations of the ACHD as follows: B. 1. The applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERICOBBSIRUWE (AZ-O3-018) PAGE 17 OF 23 applicant is reimbursed ITom impact fees to be collected solely ITom the applicant's specific development project) 48-feet of right-of-way ITom centerline along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet ITom 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 Ustick Road, located a minimum of 4l-feet ITom 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 Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimum of300-feet ITom an arterial roadway (measured centerline to centerline). 3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a minimum of 230-feet ITom any existing or proposed driveway or street. 4. Once the access points have been approved by the District, they are to be identified as such on the construction drawings. The remaining ITontage along arterial and collector streets shall be identified as having no access. 5. Comply with requirements ofITD for Eagle Road ITontage. Submit a letter ITom ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact The Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334-8300. 6. Comply with all Standard Conditions of Approval. 7. Any existing irrigation facilities shall be relocated outside of the right-of-way. 8. All utility relocation costs associated with improving street ITontages abutting the site shall be borne by the developer. 9. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERICOBBSIRUWE (AZ-O3-018) PAGE 18 OF 23 10. 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. 11. 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. 12. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 13. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 14. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 15. 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 DlGLINE (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. 16. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change ITom the Ada County Highway District. 17. Any change by the applicant in the planned use of the property which is the subj ect of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERICOBBSIRUWE (AZ-O3-018) PAGE 19 OF 23 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. (IFC) 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in ITont of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. D. Adopt the Recommendations of the State ofIdaho Transportation Department as follows: 1. SH/55 has been designated a Principal Arterial. IDT would like to preserve this corridor by recognizing the following conditions: a. Future right of way widths will be: A: 120 feet each side of centerline (240 feet total) for building setbacks and to include a ITontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage road type system to feeder roads. 2. Access to a Principal Arterial Type IV will be intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than intersections) maybe permitted in special cases and on a temporary basis as follows: (I) Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage road. (2) Shall be recorded at the County Recorders Office. (3) Temporary access restrictions will be noted on the permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLER/COBBSIRUWE (AZ-O3-018) PAGE 20 OF 23 3. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed off of the State right-of-way. E. Adopt the action of the City Council taken at their February 24, 2004 meeting as follows: 1. All uses must be approved through the Conditional Use Permit process as shown on the Concept Plan, dated: DEC. 22 2003, NO. 1529, as presented at the February 24, 2004 City Council meeting, and which Concept Plan is hereby approved and attached hereto as Exhibit "C". 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 (C-G) General Retail and Service Commercial 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 staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERICOBBSIRUWE (AZ-O3-018) PAGE 21 OF 23 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person 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 q-r6- day of IJ1;;¡Æ~ ,2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTEDþ COUNCILMAN BILL NARY VOTEDþ VOTED $A- COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 3-1- tfJ4-- MOTION: APPROVED:---þ-- DISAPPROVED:- VOTED -------:~~ Mayor T (Ie eerd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERICOBBSIRUWE (AZ-03-018) PAGE 22 OF 23 Attest: By: JI~~~ ,9vDated: City Clerk jl-P--tJ¿f-- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING FOR KISSLERICOBBSIRUWE (AZ-O3-O18) PAGE23 OF23