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Tiburon Meadows RZ 04-007 / PARTIES: ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 4{'r'J6 BOISE IDAHO 09/01/04 01:51 PM ~~~~~ÓE~:a~~~~~~ OF 1111111111111111111111111111111111111 Meridian CIIy 104112889 DEVELOPMENT AGREEMENT 1. 2. 3. 4. City of Meridian Stonehouse Evangelical Corporation, Owner Greta Huit, Trustee, Huit 1992 Revocable Trust, Owner Tiburon Meadows, LLC/Ron Sargent, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ~ day of AI ~Il~' - , 2004, by and between CITY OF MERIDIAN, a municipal corporation the State ofIdaho, hereafter called "CITY', and STONEHOUSE EVANGELICAL CORPORATION, whose address is 1450 North Ten Mile Road, Meridian, Idaho 83642, hereinafter called "OWNER", and GRETA HUIT, TRUSTEE, HUIT 1992 REVOCABLE TRUST, whose address is 7461 Ustick Road, Nampa, Idaho 83687, hereinafter called "OWNER", and TIBURON MEADOWS, LLC, whose address is 4915 W. Callas St., Boise, Idaho 83705, hereinafter called "DEVELOPER". 1. 1.3 1.4 RECITALS: 1.1 WHEREAS, "OWNER" 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. § 67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" and/or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 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, "Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-4) Low Density Residential District, (R-8) Medium Density Residential District, and (L-O) DEVELOPMENT AGREEMENT (RZ-O4-007) PAGE 1 OF 32 1.6 I.7 1.8 1.9 1.9 Limited Office District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission 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 govemment subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and WHEREAS, City Council, the Z 7~ day of..¿¡¿.1:/ ,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 "Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and "OWNER" and "DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and WHEREAS, "City" requires the "Owner" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation ITom government subdivisions providing services within the planning jurisdiction and ITom affected property DEVELOPMENT AGREEMENT (RZ-O4-007) PAGE 2 OF 32 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 ofthe 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 ofthis 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 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. "DEVELOPER": means and refers to Tiburon Meadows, LLC, whose address is 4915 W. Camas St., Boise, Idaho 83705, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". "OWNER": means and refers to Stonehouse Evangelical Corporation, whose address is 1450 North Ten Mile Road, Meridian, Idaho 83642, and Greta Huit, Trustee, Huit 1992 Revocable Trust, whose address is 7461 Ustick Road, Nampa, Idaho 83687, the party 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, City of Meridian as described in Exhibit A describing the parcels to be annexed and DEVELOPMENT AGREEMENT (RZ-O4-007) PAGE 3 OF 32 zoned R-4, R-8 and L-O attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4. I The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 1 1-7-2 (C). (D). and (a) which are herein specified as follows: Construction and development of a residential planned development. The existing church will remain and the existing residential lot to be rezoned to L-O, on a total acreage consisting of 10.69 acres in proposed R-4, R-8 and 1--0 zones. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Recommendations of the Planning and Zoning Department as follows: 1. The Applicant has submitted new legal descriptions identifYing each zone. B. Adopt the action of the City Council taken at their July 6, 2004 meeting as follows: DEVELOPMENT AGREEMENT (RZ-O4-007) PAGE 4 OF 32 For clarification: 1. The Applicant has spoken with Joe Silva of the Meridian Fire Department, and pertaining to the church's two points of access, and in particular, the southern access shall be required to become an emergency access only. Therefore, a three to four foot high gate, which shall be approved by the Meridian Fire Department, shall be provided for use by emergency vehicles only. 2. The Applicant's property encroaches 30 feet into the District's easement, including to the center line of the Lateral, which is within the two buildable lots. Therefore, the Applicant shall be required to obtain an Encroachment Agreement with the Nampa & Meridian Irrigation District, for this 30 foot encroachment into the Eight Mile Lateral. This agreement would allow the Homeowners Association access to the Eight Mile Lateral which is not piped. 3. Option for the Applicant: Option 1) The garage on Lot 1 shall be demolished, or Option 2) Lot I and Lot 2 shall be combined into one lot. PRELIMINARY PLAT CONDITIONS: A. 1. 2. B. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: Add a note stating that the landscape buffer along Ten Mile Road needs to be 25' in width. Add all three special considerations listed in the staff report as Site Specific Conditions. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS - PRELIMINARY PLAT 1. All landscaping will be required per the landscape plans submitted with the application, with modifications as noted in the CUP section of this report. A 25' landscape buffer must be depicted along Ten Mile Road; easement must be shown on plat. 2. Increase the ITontage of Lots 10-1 1,23-24, and 29-30 to be a minimum of 15-feet each, for a total of30-feet for a shared driveway. DEVELOPMENT AGREEMENT (RZ-O4-007) PAGE 5 OF 32 3. All conditions of the accompanying Conditional Use Permit application shall also be considered conditions of the Preliminary Plat. 4. Sanitary sewer and water service to this development shall be via mainline extensions ITom the existing City of Meridian mains adjacent to the project. 5. The applicant has indicated that the pressurized irrigation system within this development is to be owned and operated by the Nampa & Meridian Irrigation District. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Ifthe system is to remain private, a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 6. The applicant shall be responsible for payment of and the actual physical sanitary sewer and domestic water connection for the existing house. 7. Existing home: Proposed Lot I has an existing detached garage and proposed Lot 2 has an existing house and attached garage. The garage on proposed Lot I is considered to be an accessory use to the house on proposed lot 2 and cannot be located on its own lot. The àetaehed gam¡;;e weald flet Be allay;eà on its aWfl let in aitflertRa L 0 er R 1 zeaiag Eiistriets. Staff recommends that either the garage on Lot I be demolished or that Lots I and 2 be combined into one lot. (Per action of the City Council taken at their July 6,2004 meeting.) 8. Secondary Emergency Access: The existing access point at the south end of the subject property will be converted into an emergency access. The developer should coordinate with Meridian's Fire Chief on the configurationofthe emergency access. 9. Staff has added a condition that requires a cross-access easement be established between the proposed Lots 40 and 41 (the two church lots.) DEVELOPMENT AGREEMENT (RZ-O4-007) PAGE 6 OF 32 10. The Applicant's property encroaches 30 feet, including to the center line of the Lateral, which is within the two buildable lots. Therefore, the Applicant shall be required to obtain an Encroachment Agreement with the Nampa & Meridian Irrigation District, for this 30 foot encroachment into the Eight Mile Lateral. This agreement would allow the Homeowners Association access to the Eight Mile Lateral which is not piped. (Per action of the City Council taken at their July 6, 2004 meeting.) GENERAL COMMENTS-PRELIMINARY PLAT 1. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name. Make any corrections necessary to conform. 2. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 3. Sidewalks within the proposed subdivision shall be built in accordance with MCC 12- 13-10-8. 4. Any tree over 4" in caliper that is removed ftom the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. 5. Developer shall coordinate mailbox locations with the Meridian Post Office. 6. Any existing domestic wells and/or septic systems within this project will have to be removed ITom their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non-domestic purposes such as landscape irrigation. 7. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 8. 250 and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit ITom the Public Works Department prior commencing installations. DEVELOPMENT AGREEMENT (RZ-O4-007) PAGE 7 OF 32 C. 9. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 10. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. All drainage areas (detention/retention basins) must be designed to ensure that water is retained only during I OO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: I. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certifY that the street centerline elevations are set a minimum of3- feet above the highest established normal groundwater elevation. II. The engineer shall be required to certifY that the street centerline elevations are set a minimum of3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation ofthe crawl spaces of homes is at least I-foot above groundwater. 12. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Adopt the Recommendations of the Meridian Fire Department as follows: I. 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. International Fire Code Appendix D 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. DEVELOPMENT AGREEMENT (RZ-O4-007) PAGE 8 OF 32 d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances shall be separated by no less than Yz the diagonal measurement of the project. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 7. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 8. The proposed 46-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 122 residents at build out. 9. The proposed office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 10. Maintain a separation of 5' ITom the building to the dumpster enclosure, II. All portions of the buildings located on this project must be within 150' of a paved surface. 12. Provide exterior egress lighting as required by the International Building & Fire Codes. DEVELOPMENT AGREEMENT (RZ-O4-007) PAGE 9 OF 32 D. Adopt the Recommendations of Central District Health Department as follows: I. This proposal can be approved for central sewage & central water after written approval ITom appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Dedicate a total of 48-feet of right-of-way ITom the centerline ofTen Mile 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 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 5-foot concrete sidewalk abutting the site on Ten Mile Road OR provide a road trust deposit to the District for the cost of the sidewalk. The approximate cost of the road trust deposit would be $7,440. The face of the sidewalk should be located a minimum of 41-feet ITom the centerline ofTen Mile Road. DEVELOPMENT AGREEMENT (RZ-O4-007) PAGE 10 OF 32 3. Construct W. Sheryl Street to intersect Ten Mile Road approximately I 50-feet south ofthe north property line (measured property line to centerline), as proposed. 4. W. Sheryl Street shall be constructed as a 40-foot street section with curb, gutter, and 5-foot concrete sidewalks within 54-feet of right-of-way ITom Ten Mile Road approximately 260-feet into the site (which is the east property boundaries for Lot 2 and Lot 40, Block I). 5. Construct the following internal streets as 33-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 42-feet of right-of-way: N. Victor Ave., W. Santa Clara Drive, N. Tiburon Way, the easterly 300-feet ofW. Sheryl Street. The applicant should provide the District with an easement for the sidewalk that extends outside of the right-of-way. If the applicant would like to have parking on both sides of the roadway, the applicant should submit a letter ITom the appropriate fire District allowing parking to remain on both sides of the roadway. 6. Locate the driveways for the church and the future commercial uses shall be located on W. Sheryl Street a minimum of 50-feet ITom the intersection ofTen Mile and W. Sheryl Street. 7. Utilize the southern church driveway, located 17-feet north of the south property line, on Ten Mile Road, as an emergency access only. Install "Emergency Access Only" signage beside the driveway, and install bollards or some other barrier acceptable to the local fire department to prevent regular vehicular access. 8. Other than W. Sheryl Street and the emergency access, no additional access points to Ten Mile Road are approved with this application. 9. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 2. I. Any existing irrigation facilities shall be relocated outside of the right-of-way. All utility relocation costs associated with improving street ITontages abutting the site shall be borne by the developer. DEVELOPMENT AGREEMENT (RZ-O4-007) PAGE 11 OF 32 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. 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. 5. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 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 DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change ITom the Ada County Highway District. DEVELOPMENT AGREEMENT (RZ-O4-007) PAGE 12 OF 32 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 ofthe 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. F. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: I. The District requires a Land Use Change Application to be filed for review prior to fmal platting. 2. All laterals and waste ways must be protected. The District's Eight Mile Lateral courses through the southwest comer of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plans, before any construction is started, is unacceptable. 3. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. G. Adopt the action of the City Council taken at their July 6,2004 meeting as follows: For clarification: I. The Applicant has spoken with Joe Silva of the Meridian Fire Department, and pertaining to the church's two points of access, and in particular, the southern access shall be required to become an emergency access only. Therefore, a three to four foot high gate, which shall be approved by the Meridian Fire Department, shall be provided for use by emergency vehicles only. 2. The Applicant's property encroaches 30 feet into the District's easement, including to the center line ofthe Lateral, which is within the two buildable lots. Therefore, the Applicant shall be required to obtain an Encroachment Agreement with the Nampa & Meridian Irrigation District, for this 30 foot encroachment into the Eight Mile Lateral. This agreement would allow the DEVELOPMENT AGREEMENT (RZ-O4-007) PAGE 13 OF 32 B. Homeowners Association access to the Eight Mile Lateral which is not piped. (Added as a new number 10. under SITE SPECIFIC COMMENTS - PRELIMINARY PLAT hereinabove, as per action of the City Council taken at their July 1, 2004 meeting.) 3. Option for the Applicant: Option I) The garage on Lot I shall be demolished, or Option 2) Lot I and Lot 2 shall be combined into one lot. (See SITE SPECIFIC COMMENTS - PRELIMINARY PLAT number 7. hereinabove, as per action of the City Council taken at their July 1,2004 meeting.) 4. The L-O zoning lots consist of three (3) lots in the southerly portion of the property. Two of the lots are located where the existing church is presently and which incorporates the majority of the L-O zoning, and the third lot ITonts onto Ten Mile Road CONDITIONAL USE PERMIT CONDITIONS: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. All conditions of the accompanying Preliminary Plat application shall also be considered conditions of the CUP. 2. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.8. 3. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 4. Revised Plans: Staff recommends that the plans be modified in compliance with this report and any additional conditions ITom the Commission and that the applicant submit 10 copies of all revised plans (plat and landscape) at least 10 days prior to the next hearing on this application. Adopt the Recommendations of the Meridian Fire Department as follows: I. 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 DEVELOPMENT AGREEMENT (RZ-O4-007) PAGE 14 OF 32 hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 v," outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances shall be separated by no less than Y, the diagonal measurement of the project. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. 7. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 8. The proposed 42-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 122 residents at build out. DEVELOPMENT AGREEMENT (RZ-O4-007) PAGE 15 OF 32 c. 9. The proposed office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 10. Maintain a separation of5' ftom the building to the dumpster enclosure. 11. All portions of the buildings located on this project must be within 150' of a paved surface. 12. Provide exterior egress lighting as required by the Intemational Building & Fire Codes. Adopt the Recommendations of Central District Health Department as follows: I. 2. 3. 4. 5. D. This proposal can be approved for central sewage & central water after written approval ITom appropriate entities is submitted. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Run-off is not to create a mosquito breeding problem. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the recommendations of the Ada County Highway District as follows: DEVELOPMENT AGREEMENT (RZ-O4-007) PAGE 16 OF 32 Site Specific Conditions of Approval 1. Dedicate a total of 48-feet of right-of-way ITom the centerline ofTen Mile 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 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 5-foot concrete sidewalk abutting the site on Ten Mile Road OR provide a road trust deposit to the District for the cost ofthe sidewalk. The approximate cost of the road trust deposit would be $7,440. The face of the sidewalk should be located a minimum of 4 I-feet ITom the centerline ofTen Mile Road. 3. Construct W. Sheryl Street to intersect Ten Mile Road approximately 150- feet south of the north property line (measured property line to centerline), as proposed. 4. W. Sheryl Street shall be constructed as a 40-foot street section with curb, gutter, and 5-foot concrete sidewalks within 54-feet of right-of-way ITom Ten Mile Road approximately 260-feet into the site (which is the east property boundaries for Lot 2 and Lot 40, Block I). 5. Construct the following internal streets as 33-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 42-feet of right-of-way: N. Victor Ave., W. Santa Clara Drive, N. Tiburon Way, the easterly 300-feet ofW. Sheryl Street. The applicant should provide the District with an easement for the sidewalk that extends outside of the right-of-way. If the applicant would like to have parking on both sides of the roadway, the applicant should submit a letter ITom the appropriate fire District allowing parking to remain on both sides of the roadway. DEVELOPMENT AGREEMENT (RZ-O4-007) PAGE 17 OF 32 6. Locate the driveways for the church and the future commercial uses shall be located on W. Sheryl Street a minimum of 50-feet ITom the intersection ofTen Mile and W. Sheryl Street. 7. Utilize the southern church driveway, located 17-feet north ofthe south property line, on Ten Mile Road, as an emergency access only. Install "Emergency Access Only" signage beside the driveway, and install bollards or some other barrier acceptable to the local fire department to prevent regular vehicular access. 8. Other than W. Sheryl Street and the emergency access, no additional access points to Ten Mile Road are approved with this application. 9. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. 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 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 of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. DEVELOPMENT AGREEMENT (RZ-O4-007) PAGE 18 OF 32 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #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 DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change ITom 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. F. Adopt the recommendations of the N ampa & Meridian Irrigation District as follows: I. The District requires a Land Use Change Application to be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The District's Eight Mile Lateral courses through the southwest comer of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plans, before any construction is started, is unacceptable. DEVELOPMENT AGREEMENT (RZ-O4-007) PAGE 19 OF 32 F. 3. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. Adopt the action of the City Council taken at their July 6,2004 meeting as follows: For clarification: I. The Applicant has spoken with Joe Silva of the Meridian Fire Department, and pertaining to the church's two points of access, and in particular, the southern access shall be required to become an emergency access only. Therefore, a three to four foot high gate, which shall be approved by the Meridian Fire Department, shall be provided for use by emergency vehicles only. 2. The Applicant's property encroaches 30 feet into the District's easement, including to the center line ofthe Lateral, which is within the two buildable lots. Therefore, the Applicant shall be required to obtain an Encroachment Agreement with the Nampa & Meridian Irrigation District, for this 30 foot encroachment into the Eight Mile Lateral. This agreement would allow the Homeowners Association access to the Eight Mile Lateral which is not piped. (Added as a new number 10. under SITE SPECIFIC COMMENTS - PRELIMINARY PLAT hereinabove, as per action of the City Council taken at their July I, 2004 meeting.) 3. Option for the Applicant: Option I) The garage on Lot I shall be demolished, or Option 2) Lot I and Lot 2 shall be combined into one lot. (See SITE SPECIFIC COMMENTS - PRELIMINARY PLAT number 7. hereinabove, as per action ofthe City Council taken at their July I, 2004 meeting.) 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" and/or "Developer" or "Owner" and/or "Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT (RZ-04-007) PAGE 20 OF 32 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" and/or "Developer" consent upon default to the de-annexation and/or a reversal of the zoning designation ofthe "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and/or "Developer" and if the "Owner" and/or "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner" and/or "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 10.2 In the event "Owner" and/or "Developer", "Owner" and/or "Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. A waiver by "City" of any default by "Owner" and/or "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. II. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPMENT AGREEMENT (RZ-04-007) PAGE210F32 "Developer's" cost, and submit proof of such recording to "Owner" and/or "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner" and/or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 13.2 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" and/or "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. In the event the performance of any covenant to be performed herennder by either "Owner" and/or "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as DEVELOPMENT AGREEMENT (RZ-04-007) PAGE 22 OF 32 allowed under Meridian City Code §12-5-3, to insure that installation of the improvements, which the "Owner" and/or "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner" and/or "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and/or "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and/or "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Tiburon Meadows, LLC Ron Sargent 4915 W. Camas St. Boise, Idaho 83705 with copy to: OWNER: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Stonehouse Evangelical Corporation 1450 North Ten Mile Road Meridian, Idaho 83642 Greta Huit, Trustee Huit 1992 Revocable Trust 7461 Ustick Road Nampa, Idaho 83687 DEVELOPMENT AGREEMENT (RZ-04-007) PAGE 23 OF 32 17.1 Contact person for Greta Huit: Robert L. Aldridge 1209 North Eighth Street Boise, Idaho 83702 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 ofthis Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" and/or "Developer" of the "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/or "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" and/or "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised ITom this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. DEVELOPMENT AGREEMENT (RZ-04-007) PAGE 24 OF 32 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and/or "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and lor "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended 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 ofthe "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (RZ-04-007) PAGE 25 OF 32 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Attest: :::;; ~ d ß~ Ronald D. Sargent BY: OWNER: BY~~~ Mark Kadel Attest: bv~~ AND BY: ~~ 9-/~ . Greta Huit, TruStee for the Huit 1992 Revocable Trust CITY OF MERIDIAN 11-31--04- STATE OF IDAHO) :ss COUNTY OF ADA) "*' On this \ r-¡ day of o..lÀ.~~ t , in the year 2004, before me, a Notary Public, personally appear onald D. Sargent, known or Identified to me to be a managing member of SAMAS, LLC, a member ofTIBURON MEADOWS, LLC, and Idaho limited liabil!9"~ä~fIiV1.d the person who executed the instrument and acknowledged to me 'Þ'~b'h~~~Jlted the same on behalf of said corpor. ation. ~ ... - . ,~~ ... .. f ~OTAJlr \ \ (SEAL) i * \ -.- c, J * i No Pu IC r Idaho ~ "'\ ÞllBL\ l ! Commissio ires: Q,-\\-tH ....;." "0/ ", -1" "".....' t-~ ..- STATE OF IDAHO ).......~.~.~.~~....... :ss COUNTY OF ADA ) On this I f?yv,. day of 4~~ , in the year 2004, before me, a Notary Public, personally appe~Mark Kadel and Nancy Gallivan, known or identified to me to be the President and Secretary of STONEHOUSE EVANGELICAL CORPORA TION~~~~D~s who executed the instrument and acknowledged to me thattheyhaving~:t'LíR'~on behalf 0 dcorporaf n'/f)/ . -~""~OTA.q~..\\,' . ~ (SEAL) {-'- i Notary Public 0 daho Ä.. A(¡SL\C ./ Commission ires: ß .2"1. Dq :"7'.".. ..' 0 STATE OF IDA !iÕF'\~~~----- , "'~_.-- COUNTY OF ADA) Iq~ (SEAL) Notary Public for 000 Commission expires: I tJ. 9, :LDt5j DEVELOPMENT AGREEMENT (RZ-04-007) PAGE 27 OF 32 STATE OF IDAHO) :ss County of Ada) On this ;.tfI" day of ~ f- , 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, 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. Æ~ I ..."'~ ~~i\ i 1\OTAltJ .." \ ¡* -- t*= I . . I Þ(fBL'C j Ë \ cP~ 1'Þ .....A(f/~Q It ~.." OF 19 --",..... (SEAL) Z:\WorkIMIMeridianIMeridian lS360MlTiburon Meadows Sub RZ-O4-007 PP-O4<J!6 CUP<J4<J13\DeveiopAgr.doc DEVELOPMENT AGREEMENT (RZ-04-007) PAGE 28 OF 32 EXHIBIT A Lel!al DescriDtion Of ProDertv LEGAL DESCRIPTION FOR TIBURON SUBDIVISION (SARGENT DESCRIPTION) JOB NO. 04025 4113/2004 Land in the NW1/4 NWlI4 of Section II, T3N, RIW, B.M., City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the Northwest Corner of said Section II; thence, along the West Line of said Section II, South 0°25'27" West, a distance of 600.00 feet, to the Northwest Corner of the first parcel ofland described in Warranty Deed, lust. No. 7747995; thence along the North Line of said parcel, South 88°37'46" East, a distance of322.29 feet, to the POINT OF BEGINNING; thence continuing along said North Line, South 88°37'46" East, a distance of 404.00 feet, to a point on the West Line of Haven Cove No.3 Subdivision, in book 66 at page 6737, Ada County Plat records; thence along said West Line, and the West Line of Haven Cove No.4 Subdivision, as per the plat thereof in book 69, at page 7061, Ada County Plat records, South 00°25'56" West, a distance of724.93 feet, to a found 5/8 inch rebar marking the Southwest Corner thereof, also being a point on the South Line of said NWII4NW1/4, Section II; thence along said South Line, North 88°54'06" West, a distance of389.55 feet, to a point on the Centerline of the Eight Mile Lateral; thence along said Centerline, North 41 °46'37" West, a distance of38.49 feet; thence North 01 °22' 14" East, a distance of 698.60 feet, to the POINT OF BEGINNING. Containing 6.82 acres, more or less. Together with a common access to Ten Mile Road, to be granted ITom the Church and Hewitt Parcels, as shown on preliminary plat. DEVELOPMENT AGREEMENT (RZ-04-007) PAGE 29 OF 32 TIBURON SUBDIVISION (HUIT DESCRIPTION) JOB NO. 04025 4113/2004 Land in the NWlI4NWlI4 of Section II, T3N, R1W, B.M., City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the Northwest Corner of said Section II; thence, along the West Line of said Section II, South 0°25'27" West, a distance of 600.00 feet, to the Northwest Comer of the first parcel ofland described in Warranty Deed, Inst. No. 7747995, and the POINT OF BEGINNING; thence along the North Line of said parcel, South 88°37'46" East, a distance of309.30 feet; thence South 01 °22'14" West, a distance of 112.30 feet; thence South 46°01 '58" East, a distance of 17.66 feet, to the South Line of said first parcel ofland described in Warranty Deed, lust. No. 7747995; thence along said South Line, North 88°37'46" West, a distance of320.25 feet, to a point on the West Line of said Section 11; thence along said West Line, North 00°25'27" East, a distance of 124.27 feet, TO THE POINT OF BEGINNING. Subject to: a 48 foot wide right-of-way for Ten Mile Road along the West side, and a 349 sq. ft. area for a proposed common roadway in the southeast corner as shown on the preliminary plat. Containing 0.88 acres or 38380 square feet gross, and 0.71 acres or 30,914 square feet net (less road rights-of-way), more or less. TIBURON SUBDIVISION ZONE L-O DESCRIPTION JOB NO. 04025 7120/2004 Land in the NWlI4NWlI4 of Section II, T3N, RIW, B.M., City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the Northwest Comer of said Section II; thence, along the West Line of said Section 11, South 0°25'27" West, a distance of 724.27 feet, to the Southwest Comer of the first parcel ofland described in Warranty DEVELOPMENT AGREEMENT (RZ-04-007) PAGE 30 OF 32 Deed, Inst. No. 7747995, and the POINT OF BEGINNING; thence along the South Line of said parcel, South 88°37'46" East, a distance of 320.25 feet; thence South 01 °22' 14" West, a distance of 574.35 feet, to a point on the Centerline of the Eight Mile Lateral; thence along said Centerline, North 41 °46'37" West, a distance of 462.56 feet, to a point on the West Line of said Section 11; thence along said West Line, North 00°25'27" East, a distance of236.90 feet, TO THE POINT OF BEGINNING. TOGETHER WITH the following described parcel: COMMENCING at the Northwest Corner of said Section II; thence, along the West Line of said Section II, South 0°25'27" West, a distance of 600.00 feet, to the Northwest Comer of the first parcel ofland described in Warranty Deed, Inst. No. 7747995, and the POINT OF BEGINNING; thence along the North Line of said parcel, South 88°37'46" East, a distance of 162.90 feet; thence South 0 I °22' 14" West, a distance of 124.25 feet, to the South Line of said first parcel ofland described in Warranty Deed, Inst. No. 7747995; thence along said South Line, North 88°37'46" West, a distance of 160.86 feet, to a point on the West Line of said Section 11; thence along said West Line, North 00°25'27" East, a distance of 124.27 feet, TO THE POINT OF BEGINNING. Subject to: a 48 foot wide right-of-way for Ten Mile Road along the West side, a 30 foot wide right-of-way for the Eight Mile Lateral along the southwesterly side, and a road right-of-way and a utility and access easement benefiting the parcels to the East. Containing 3.42 acres gross, and 2.99 acres net (less 10 Mile Road right-of-way), more or less. DEVELOPMENT AGREEMENT (RZ-04-007) PAGE 31 OF 32 EXHIBIT B Findinl!s of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (RZ-04-007) PAGE 32 OF 32 BEFORE THE MERIDIAN CITY COUNCIL ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) The above entitled rezoning application having come on for public hearing on July 6, IN THE MATTER OF THE APPLICATION FOR REZONE OF 10.69 ACRES FROM R-4 TO R-4, R- 8 AND L-D ZONES FOR TIBURON MEADOWS SUBDIVISION, LOCATED AT 1450 AND 1460 TEN MILE ROAD, APPROXIMATELY Yz MILE SOUTH OF THE SOUTHEAST INTERSECTION OF TEN MILE ROAD AND CHERRY LANE, MERIDIAN, IDAHO TiBURON MEADOWS, LLC, APPLICANT C/C 07/06/04 Case No. RZ-04-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING 2004, at the hour of 7:00 p.m., and Brad Hawkins-Clark for the Planning and Zoning Department, and Ron Sargent, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TIBURON MEADOWS SUBDIVISION / (RZ-O4-007) PAGE 1 OF 13 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 ComprehCllSive 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 rezone as described in the application, is approximately 10.69 acres in size and is located at 1450 and 1460 North Ten Mile Road, approximately V. mile south of the southeast intersection ofTen Mile Road and Cherry Lane, Meridian, Idaho, all within the Area oflmpact 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 Stonehouse Evangelical Church and Greta Huit, Trustee for the Huit 1992 Revocable Trust, and they have submitted notarized consent for the subject application for Tiburon Meadows, LLC. Tiburon Meadows, LLC has a sale pending on the northern parcel, for the eastern portion, (1460 North Ten Mile Road) and the property is proposed to close on or before February 26,2005, with Greta Huit, Trustee for the Huit 1992 Revocable Trust. Additionally, Tiburon Meadows, LLC has sale pending on the southern two parcels, for the eastern portion and public road ftom Ten Mile Road to the PUD, (1450 North Ten Mile Road), and the property is proposed to close on or before January 6, 200S. Applicant is Tiburon Meadows, LLC. 5. The property is presently zoned R-4, and consists of an existing church and an existing home. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCA TION FOR ANNEXATION AND ZONING TIBURON MEADOWS SUBDIVISION I (RZ-O4-007) PAGE2 OF 13 6. 7. The Applicant requests the property be zoned as R-4, R-8 and L-O. The subject property is bordered to the north by R-4 zoning, to the south by R-4 zoÌ1ing, to the east by R-4 zoning, and to the west by C-N zoning and R-4 zoning. 8. The Applicant proposes to develop the subject property in the following manner: As a residential planned development. The existing church will remain and the applicant is proposing to rezone an existing residential lot to L-O for commercial development. 9. The Applicant requests zoning of the subject real property as R-4, R-8 and L-O. The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as Mixed-Use Community and Public I Quasi-Public. 10. There are no significant or scenic features, or no significant existing trees, of major importance that affect the consideration of this application. 11. Giving due consideration to the comments received Rom the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the PIamùng and Zoning Department as follows: 1. The Applicant has submitted new legal descriptions identifying each zone. 2. The required Development Agreement shall include all the conditions of approval for the corresponding applications, Preliminary Plat (PP-O4-016), and Conditional Use Permit (CUP-04-013). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCA nON FOR ANNEXATION AND ZONING TIBURON MEADOWS SUBDIVISION I (RZ-O4-007) PAGE3 OF 13 B. Adopt the !lCtion of the City Council taken at their July 6, 2004 meeting as follows: For clarification: 1. The Applicant has spoken with Joe Silva of the Meridian Fire Department, and pertaining to the church's two points of access, and in particular, the southern access shall be required to become an emergency access only. Therefore, a three to four foot high gate, which shall be approved by the Meridian Fire Department, shall be provided for use by emergency vehicles only. 2. The Applicant's property encroaches 30 feet into the District's easement, including to the center line of the Lateral, which is witbin tb.e two buildable lots. Therefore, the Applicant shall be required to obtain an Encroachment Agreement with the Nampa & Meridian Inigation District, for this 30 foot encroachment into the Eight Mile Lateral. This agreement would allow the Homeowners Association access to the Eight Mile Lateral which is not piped. 3. Option for the Applicant: Option 1) The garage on Lot I shall be demolished, or Option 2) Lot I and Lot 2 shall be combined into one lot. ]2. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the proposed residential lots of the subject property as "Public J Quasi-Public." While the Comprehensive Plan Future Land Use map does not explicitly support the proposed zone change it is found that there is a strong argument that the Comprehensive Plan policies do support the proposed zone change. A key component of this argument is the relative flexibility of Meridian's Comprehensive Plan (quoted below) as described in Chapter I, Section B of the Comprehensive Plan. "The Meridian Comprehensive Plan is an official policy guide for decisions conceming the physical development of the community. It indicates, in a general way, how the community may develop in the next five to ten years." Fw1hermore, in Chapter VII, Section C Future Conditions states the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING rffiURON MEADOWS SUBDNISION I (RZ-O4-007) PAGE4 OF 13 "Figure vn -2 [The Comprehensive Land Use Map] depicts desired future land use categories and their location within the Impact Area. The areas depicted on the map are conceptual and, therefore, will require further analysis prior to the creation of a zoning map." While the proposed zone change does not explicitly comply with the "PublicI Quasi- Public" designation, upon further analysis, it is found that the proposed zone change does fit with the residential development patterns of the surrounding area and it would be appropriate to extend the Medium Density Residential designation to this property. The subject property is surrounded by residential subdivision to the west and to the south. It is found that the proposed rezone 0 f a parcel located adjacent to property zoned as residential, meets the intent of the Comprehensive Plan for the future development of the area. Proposed L-O'zonine for existimz residence While the propósed rezone complies with the Comprehensive Plan designation of Mixed- U se Community, the existing residential uses do not comply with theL-Q zoning designation, and there is no indication when the residential uses will end. Single family residential development is prohibited in the L-O zone and approval of the rezone to L-Q would create a non-conforrning use. Additionally, Meridian's Strategic Plan lists reducing non-conforming uses as a Strategic Plan goal. Although Staffis generally supportive of the L-O zoning in this location, the timing is not appropriate. Recommended L-O zonine for existine church The existing church parcels (lots 40 and 41 of the proposed subdivision) are currently zoned R-4. The existing church is currently a nonconfonning use in the R-4 zone and it is recommended that the applicant rezone the property to L-O to bring the property into conformance with City Code. If the property is not rezoned with the current applications, the applicant will be required to obtain conditional use approval before any improvements or new buildings can be added to the church property. ConditionaI use approval is required for the expansion of a non-conforming use. 13. It is not anticipated that the property will be rezoned in the future. 14. The proposed R-8 development would be allowed under the new zoning; the existing FIND1NGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNBXA TION AND ZONING TIBURON MEADOWS SUBDMSION ! (RZ-O4-007) PAGE 5 OF 13 single family home would not be allowed under the proposed 1,..0 zoning. It is found that the applicant has submitted development plans for a new pla1 and Conditional Use Permit for the property. If the proposed CUP is granted, the plat will be allowed as proposed. 15. It is found that the City's Comprehensive Plan policies have provided the applicant with the ability to request the R-8 zone for the subject property. Additionally, residential development to the west and to the south of the subject property dictate that the church's undeveloped property could be rezoned for residential uses. 16. It is found that the proposed development is designed in a manner that will be harmonious with and appropriate in appearance with the existing residential neighborhoods and commercial areas along Ten Mile Road and the intended character of the area. 17. It is found that the requested rezone should not be disturbing to existing or future neighboring uses. Existing residential subdivisions are located to the south and west of the subject property. 18. It is found that proposed uses can be adequately served by all essential public services and facilities. Drainage will be retained on site. 19. It is found that the requested uses will not create excessive additional requirements at public costs for public facilities and services. The proposed development is accessed off of existing public streets and the developer will pay for the extension of public services to the subject property. Additionally, it is found that thõ: proposõ:d rezone would not be dõ:trimental to the economic welfare of the community. 20. It is found that the proposed R-8 zoning designation of the property does not FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCA TION FOR ANNEXATION AND ZONING TIBURON MEADOWS SUBDIVISION I (RZ-O4-007) PAGE 6 OF 13 inherently allow uses that will generate activities. processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. 21. It is found that the proposed R-8 zoning will not interfere with general traffic patterns on any public streets. The applicant has proposed to turn the existing access point at the south of the subject property into an emergency access point. Refer to the ACHD staff report for a full report on traffic issues. 22. It is found that there are no natural or scenic features of major importance which will be lost through the development of the subject property. 23. It is found that the proposed rezone would be in the best interest of the City. The proposed R-8 zone and proposed development will be an asset to the City of Meridian. The proposed patio home development will help to increase the diversity of Meridian' showing types by providing a housing choice for residents (especially seniors) who want the option of owning a patio home which will require less upkeep than a traditional single-family home with a large lot size and a floor plan designed for families. 24. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 11 and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 25. It is also found that the development considerations as referenced in Finding No. 11 are reasonable to require and must be taken into account, in order to assure the proposed dèvelopment is designed, constructed, operated and maintained in a manner which is harmonious FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING TIBURON MEADOWS SUBDMSION I (RZ-O4-007) PAGE 7 OF 13 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 Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The zoning of (R-4) Low Density Residential District, (R-8) Medium Density Residential District and (L-O) Limited OffiCe District are defined in the Zoning Ordinance at § 11-7- 2 C, D, and G as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be pennitted except for planned residential development and FlNDJNOS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TIBURON MEADOWS SUBDIVISION I (RZ-O4-007) PAGE 8 OF I3 public schools. The purpose of the R-4 District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nomesidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. (R-8) Medium Densitv Residential Distriet: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. (L-O) Limited Office Distriet: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 5. 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 City ofldaho Falls. 105 Idaho 65, 665 P2d 1075 (1983). 6. The development of the atÌnexed 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. 7. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING TIBURON MEADOWS SUBDMSION / (RZ-04-007) PAGE9 OF 13 and/or developer shall enter into a Development Agreement, if 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: I. The applicant's request for annexation and zoning of approximately 10.69 acres to Low Density Residential District (R-4), Medium Density Residential District (R-8), and (L-O) Limited Office District is granted subject to the terms and conditions of this Order hereinafter stated, 2. The application is for annexation and zoning of 10.69 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 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 Planning and Zoning Department as follows: 1. The Applicant has submitted new legal descriptions identifYing each zone. 2. The required Development Agreement shall include all the conditions of approval for the corresponding applications, Preliminary Plat (pP-O4-0 16), and Conditional Use Permit (CUP-O4-013). B. Adopt the action of the City Council taken at their July 6, 2004 meeting as follows: For clarification: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TIBURON MEADOWS SUBDIVISION I (RZ-04-007) PAGE 10 OF 13 4. 1. The Applicant has spoken with Joe Silva of the Meridian Fire Department, and pertaining to the church' s two points of access, and in particular, the southern access shall be required to become an emergency access only. Therefore, a three to four foot high gate, which shall be approved by the Meridian Fire Department, shall be provided for use by emergency vehicles only. 2. The Applicant's property encroaches 30 feet into the District's easement, including to the center line of the Lateral, which is within the two buildable lots. Therefore, the Applicant shall be required to obtain an Encroachment Agreement with the Nampa & Meridian Irrigation District, for this 30 foot encroachment into the Eight Mile Lateral. This agreement would allow the Homeowners Association access to the Eight Mile Lateral which is not piped. 3. Option for the Applicant: Option 1) The garage on Lot I shall be demolished, or Option 2) Lot I and Lot 2 shall be combined into one lot. The City A ttomey 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-4) Low Density Residential District, (R-8) Medium Density Residential District, and (L-O) Limited Office 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 fmal decision concerning the matter at FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANT1NG APPLICATION FOR ANNEXATION AND ZONING TIBURON MEADOWS SUBDIVISION I (RZ-O4-007) PAGE I J OF 13 issue. A request for a regulatory takings analysis will toll the time period within wbich a Petition for Judicial Review may be filed. Please take notice that this is a fmal 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 a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2- 716 day of ¿r~ ,2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED æ/;~ COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED~ VOTED- --