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Redfeather Estates No. 2 DA AZ 03-021 PARTIES: 1. 2. 3. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 -' I f BOISE IDAHO 10108104 03:35 PM 42 7 Z. M~~~g¡~E~O~~~~~:~~e~F 11111111111111111111111"111"" II III ERIDIAN CITY 104129529 ! DEVELOPMENT AGREEMENT City of Meridian Bart L. Bryson, Owner The Melvin R. and Noma E. Schrammeck Trust, Owner THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 6 ~" day of h~. of- ,2004, by and between CITY OF MERIDIAN, a municipal corporation fthe State of Idaho, hereafter called "CITY', and BART L. BRYSON, whose address is 6324 Cassia, Boise, Idaho 83709, and The Melvin R. and Noma E. Schrannneck Trust, c/o Joy A. Moore, Trustee, whose address is 2745 S. Eagle Road, Eagle, Idaho 83616, and hereinafter called "OWNER". 1. 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 the C-G zoning, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67 -6511A, Idaho Code, provides that cities may, by ordinance, require or pennit as a condition of re-zoning that the "Owner" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of (C-G) General Retail and Service Commercial District (Municipal Code ofthe City of Meridian); and 1.5 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 1 OF 16 1.6 1.7 1.8 1.9 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 - day of -' 2004, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and WHEREAS, the Findings require the "Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and "OWNER" 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 request; and WHEREAS, "City" requires the "Owner" to enter into a development agreement for the purpose of ensuring that the subsequent use and development of the "Property" is in accordance with the tenns 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 nom government subdivisions providing services within the planning jurisdiction and nom 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. DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 2 OF 16 3. DEFINITIONS: For all purposes of this Agreement the following words, tenns 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 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 ofIdaho, organized and existing by virtue oflaw of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. "OWNER": means and refers to Bart L. Bryson, whose address is 6324 Cassia, Boise, Idaho 83709, and The Melvin R. and Noma E. Schrammeck Trust, c/c Joy A. Moore, Trustee, whose address is 2745 S. Eagle Road, Eagle, Idaho 83616, the party owning said "Property" being developed and shall include any subsequent owner(s) of the "Property". "PROPERTY": means and refers to those 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 CoG attached hereto and by this reference incorporated herein as if set forth at length. 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: Any future uses of the property shall be approved only through the conditional use permit process. Additionally, either a public or private backage street generally parallel with Eagle RoadlSH 55 shall be incorporated into the design of the future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schrammeck properties for the C-G zone. DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 3 OF 16 4.2 No change in Ihe uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.A "Owner" shall develop the "Property" in accordance with the following special conditions: 1. Removal of any existing domestic wells and/or septic systems within this project nom their domestic service must be accomplished at such time. as the "Owners" change the current use of "Property" or otherwise develop the "Property" in accordance with the tenns hereof. 2. Any future uses of the property shall be approved only through the conditional use pennit process. In addition, there is a requirement that either a public or private backage street generally parallel with Eagle Road/SH 55 shall 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 detailed CUP applications being submitted on either the Bryson or Schrammeck properties. The following Comprehensive Plan policies (nom Chapter VI and VII) shall be applicable to these properties: Transportation Policies Applicable to the BrvsoniSchrammeck 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 fonns 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 oftransport. 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. . DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 4 OF 16 . 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. 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 Brvson/Schrammeck 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; . In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some fonn 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." 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel 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, with written confinnation of said approval submitted to the Public Works Department. 6. COMPLIANCE PERIOD! CONSENT TO REZONE: This Agreement and the commitments contained herein shall be tenninated, and the zoning designation reversed, upon a default of the "Owner" or "Owner's" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development" of subject "Property" of this agreement at such time as the "Owners" develop the "Property" in accordance with the tenns hereof, 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-O21) PAGE 5 OF 16 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" 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: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and ifthe "Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Owner" 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 tenns and conditions of this Development Agreement and all other ordinances ofthe "City" that apply to said Development. 9. DEFAULT: 9.1 9.2 In the event "Owner" or "Owner'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 tenns and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or tenninated by the "City" upon compliance with the requirements ofthe Zoning Ordinance. A waiver by "City" of any default by "Owner" 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. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all ofthe Exhibits, at "Owner's" cost, and submit proof of such recording to "Owner", 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 DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 6 OF 16 fails to adopt the ordinance in connection with the annexation and zoning ofthe "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner", 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 perfonnance of the covenants, agreements, conditions, and obligations contained herein. 12.1 12.2 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" 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 perfonnance of any covenant to be perfonned hereunder by either "Owner" or "City" is delayed for causes which are beyond the reasonable control ofthe party responsible for such perfonnance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such perfonnance shall be extended by the amount of time of such delay. 13. 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 ofthe improvements, which the "Owner" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 7 OF 16 14. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" 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". 15. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide by all ordinances ofthe 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. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Bart L. Bryson 6324 Cassia Boise, Idaho 83709 City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 The Melvin R. and Noma E. Schrannneck Trust c/o Joy A. Moore, Trustee 2745 S. Eagle Road Eagle, Idaho 83616 with copy to: 16.1 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. 17. 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 DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE80F 16 fees as detennined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, tennination or forfeiture ofthis Agreement. 18. 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 perfonn any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perfonn. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit ofthe 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" ofthe "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", to execute appropriate and recordable evidence oftennination of this Agreement if "City", in its sole and reasonable discretion, had detennined that "Owner" has fully perfonned its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" 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 "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". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 9 OF 16 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 ofthe proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE JO OF 16 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER: .y§;ft~ LB on ~ AND BY: c;,.,4~1~ Joy A. Moore, Trustee for the Melvin R. and Noma E. Schrannneck Trust CITY OF MERIDIAN Attest: ~~b~ CITY CLERK DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 11 OF 16 STATE OF IDAHO) :ss COUNTY OF ADA ) On this A I ~ -I-- day of 5~~ , in the year 2004, before me, a Notary Public, personally appear Bart L. Bryson, known or IdentIfied to me to be the person who executed the instrument and acknowledged to me that he has executed the same. (SEAL) STATE OF IDAHO) : ss: County of Ada On this fJt1.-. day of ~ ' in the year 2004, before me, a Notary Public, personally appe ed J A. Moore, known or IdentIfied to me to be the Trustee for The Melvin R. and Noma E. Schrannneck Trust, and who executed the instrument and acknowledged to me that she has executed the same on behalf of said trust. (SEAL) ~Cf\{),~ Not. . Pu~~ Resldmg a Commissfon expires: to II ., /0 9 DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 12 OF 16 STATE OF IDAHO) :ss County of Ada On this ~ I S>I- day of Se~1aøv- , in the year 2004, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) """"""" "., \. 0.., "" ~.., () ~~.~ltð '¡"'" ¡~o/ ~ \ 14./ ~OTAlf¡.. ...,. 'i g * { -.- i * ~ ~ \. J>tTBL;{C i \ .,p,>,'.. 0 ~ "" -1 /...... t.~ i' "'" 11 OF \~ ...., ,...,.........- ~d 4d4"~~- Notary I /11 Idaho. Residing at: æ-z(,&~ Commission expires: ð7 DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 13 OF 16 EXHIBIT A CoG ZONING (BrvsonlSchrammeck Parcel) A parcel ofland situated in the NW Y. of Section 4, T.3N., R.1E., B.M., Ada County, Idaho and more particularly described as follows: COMMENCING at a brass cap marking the Northwest corner of said Section 4; thence along the West line of said Section 4 South 00°36'11" West 1390.15 feet to the Northwest corner ofthat Parcel described in Instrument No. 8117732 in the Office of the Recorder for Ada County, Idaho, said point being on a line that is parallel with and 99.00 feet South of the South line of Government Lot 4 of said Section 4 and also being the POINT OF BEGINNING; thence along the boundary of said Parcel along said parallel line South 89°52'14" East 769.96 feet to a point; thence continuing along a line parallel with said West line of Section 4 North 00°36' 11" East 99.00 feet to a point on said South line of Government Lot 4; thence continuing along said South line South 89°52'14" East 560.11 feet to a point on the West line of Perkins-Brown Subdivision as on file in Book 25 of Plats at Pages 1562 and 1563 in said Office of the Ada County Recorder; thence continuing South 00°37'36" West 1212.21 feet to the Southeast comer of said Parcel; thence along the Southwesterly line of said Parcel North 72°58'49" West 99.53 feet to a point; thence continuing North 40°43'49" West 366.30 feet to a point; thence continuing North 85°33'49" West 174.90 feet to a point; thence continuing North 7JOI8'49" West 132.00 feet to a point; thence continuing North 34°48'49" West 227.70 feet to a point; thence continuing North 66°18'49" West 264.00 feet to a point; thence continuing South 84°26'11" West 17.43 feet to the Northeast corner ofthat Parcel described in Instrument No. 912958 in said Office of the Ada County Recorder; thence along the East line of said Parcel South 00°36' 11" West 218.08 feet to the Southeast corner of said Parcel; thence along the South line of said Parcel North 89°23'49" West 300.00 feet to a point on said West line of Section 4; thence along said West line North 00°36'11" East 459.43 feet to a point on said boundary line of the Parcel described in Instrument No. 8117732; thence along said boundary line DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 14 OF 16 South 89°23'49" East 185.00 feet to a point; thence continuing North 00°36'11" East 90.00 feet to a point; thence continuing North 89°23'49" West 185.00 feet to a point on said West line of Section 4; thence continuing along said West line North 00°36'11" East 127.83 feet to the POINT OF BEGINNING; Said Parcel Contains 23.70 Acres, more or less. DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 15 OF 16 EXHIBIT B Findin!!s of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 16 OF 16 RECEIVED APR 2 1 20M City Of Meridian City Clerk Office BEFORE THE MERIDIAN CITY COUNCIL C/C 03/02/04 PACKARD ESTATES DEVELOPMENT, LLC, APPLICANT IN THE MAnER OF THE ) APPLICATION FOR ANNEXATION) AND WNING OF 114.52 ACRES ) FOR PROPOSED REDFEATHER ) ESTATES SUBDIVISION NO.2) FROM RUT TO R-4 PLANNED ) DEVELOPMENT AND G-G ) GENERAL RETAIL AND SERVICE ) COMMERICAL, LOCATED ON ) THE SOUTH SIDE OF USTICK ) ROAD, ~ MaE WEST OF ) CLOVERDALE ROAD, AND THE ) EAST SIDE OF EAGLE ROADISH ) 55, 1-' Mll..E SOUTH OF USTICK, ) MERIDIAN, IDAHO ) ) ) ) ) Case No. AZ-O3-021 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on March 2, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Becky McKay, Stokes, Carla Williams, Michelle Broadhead, Fitsroy Blecher, Bruce Mills, Kenny Bowers and Susan Cole, 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 Conèlu5Ìons of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHERESTATES SUBDMSION NO.2 PLANNED DEVEWPMENT (AZ-O3-o21) PAGE I OF 26 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 H 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdi vision 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 114.52 acres in size and is located on the south side of Us tick Road, ~ mile west of Clover dale Road, and the east side of Eagle RoadiSH 55, ~ mile south of Us tick, Meridian, Idaho, all within the Area of Impact ofthe City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owners of record of the subj ect property are Harry and Frances Bryson, Melvin R. and Noma E. Schrammeck Trust, Alan and Elaine Durkheimer, Melvina and Will Grant, The U stick 36, LLC and Archie Ralph Wood, and all have submitted notarized consent for Packard Estates Development, LLC to submit the subject applications. Applicant is Packard Estates Development, LLC. 5. The property is presently zoned RUT (Ada County), and consists of a single- family residence and vacant land. 6. The Applicant requests the property be zoned as R-4/90.29 acres (Low Density FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-O3-O21) PAGE 2 OF 26 Residential) and C-G/24.23 acres (General Retail and Service Commercial). 7. The subject property is bordered to the north by Heather Meadows Subdivision, pending Kissler annexation parcel (18 acres) and a future church site, to the south by Clover Meadows Subdivision and a turf farm, to the east by Briarwood, Dawson Meadows and Redfeather Estates No.1 Subdivisions, and to the west by Perkins-Brown Subdivision and undeveloped land. 8. The Applicant proposes to develop the subject property in the following manner: 302 building lots and 28 other lots on 90.29 acres. 9. The Applicant requests zoning of the subject real property as R-4 and CoG, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential. 10. The Milk Lateral and the South Slough Drain are two scenic features that affect the consideration of this application. 11. The City Council recognizes the concerne of the following individuals: - Sheny and Harvey Hoff(1etter dated 9/12/03) - J.P. Rolison (letter dated 9/1103) . Charles and Josephine Altman (letter dated 9/3/03) - Fitzroy A. and Virginia Belcher (letter dated 9/4/03) - Hal and Michelle Broadhead (letter dated 9/3/03) - Gerald J. and Cathy L. Reeves (letter dated 9/3/03) - J.R. Nishioka (letter dated 9/1103) - Wilbur K. and Barbara A. Braddick (letter dated 918/03) - Dan and Darlene Thompson - Robert C. Sanders (letter dated 9/10/03) - Howard and Karen Jeffries (letter dated 9/11103) - Sue Piva (letter dated 12/4/03) - Michael Tyvand (letter dated 12/4/03) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONIN'G REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVEWPMENT (AZ-O3-021) PAGE3 OF26 12. Giving due coIUiideratiol.1. to the comments received nom 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 IU"e imposed: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: I. Do not require the inclusion of the one-acre Smitchger out parcel in the annexation. B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. Removal of any existing domestic wells and/or septic systems within this project ftom their domestic service must be accomplished within two years of the approval of these Annexation and Zoning Findings, but it may be extended for an additional year by the City Engineer if good cause is shown, and pending development of the parcel would warrant the extensiOrL Wells may be used for non-domestic purposes such as landscape irrigation. 2. Prior to annexation, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be 2onèd CoG (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that requires any future uses of the property to be approved only through the conditional use pennit process. In addition, the agreement shall include a requirement that either a public or private backage street generally parallel with Eagle RoadiSH 55 be incorporated into the design offuture site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schrammeck properties. The DA shall also cite the following Comprehensive Plan policies (fÌ'om Chapter VI and VII) as applicahle to these same properties: TranSDortation Policies Annlicable to the BrvsoolSchrammeck 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONJNG REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (.Az..O3-O21) PAGE4 OF26 should be examined for ways to encourage all forms oftransporfution such as transit, walking, and cycling. . New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood 8Ociallife. 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 of life. 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 gllÎdelines 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 DeveloDment Policies Aoolicable to the BrvsonlSchrammeck 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, 5S or 69; . .. In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be BlTanged to create some fonn 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." 3. All inigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parçe] shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the appropriate inigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-O3-021) PAGES OF26 c. Adopt the Recommendations of the Ada County Highway District as follows: I. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additional 23- feet of right-of-way along Ustick Road, and construct a minimum 5.foot wide concrete sidewalk along Ustick Road, located a minimum of 23-feet from the centerline of the right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-feet nom 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 adjus1ments to properly accommodate existing drainage and utilities. 2. Construct the main entrance, North Grenadier Way, to intersect Ustick Road approximately 370-feet east of the west property line, as proposed. This roadway shall align with an existing roadway that is located on the north side of Ustick Road. .3. Construct North Grenadier Way and East Granger Street as residential collectors, but believes that these roadways should be constructed as 36-foot street sections with vertical curb, gutter and 4-foot detached concrete sidewalk (or a 5-foot attached concrete sidewalk). . 4. Construct the remainder of the internal roadways as 36-£oot street sections with rolled curb, gutter and 5-£oot attached concrete sidewalks, as proposed. 5. Extend Granger.Street from the east property line approximately 64O-feet north of the south property line, as proposed. 6. Extend East Palm Street from the east property line approximately 44O-feet north of the south property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-O3-021) PAGE 6 OF 26 7. Install swinging gate at the connection of Duane Drive and Palm Street for the present time. Construct a pedestrianlbicycle pathway that connects the improvements on Duane Drive (south of the gate) to the 24.feet of pavement that exists (north of the gate). '" Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Commission if there was a request for the gate 10 be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (per Christy Richardson's letter to Anna Powell- Planning and Zonin.g Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) 8. Construct a stub street (East Palm Street) to the west property line approximately 500-feet north of the south property line, as proposed. Install a sign at the tenninus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Construct a stub street tot eh south property line approximately 900-feet east of the west property line, as proposed. Install a sign at the 1enninus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub street to the 5-acre out parcel that is located at the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct a stub street to the north property line approximately laO-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct a pedestrian path (rather than a stub street) that will connect this subdivision with Briarwood Subdivision, as proposed. 13. Before a building permit is issued for lot 242, install the center turn lane on Cloverdale Road at the intersection of Cloverdal e Road and Granger Street if the warrants are met prior to the District's reconstruction of Cloverdale Road. 14. Coordinate the timing and the design of the right-tum radii on Ustick Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services Staff. 15. Construct an island/median within the public right-of-way of North Grenadier Way (near the intersection of Us tick Road), as proposed. Provide a minimum of a 21-foot street section on either side of any proposed center islands wit1ùn the turnarounds. Construct the island/median to be a minimum of 4-feet wide to total a minimum of a 100-square foot FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCAITON FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-O3-021) PAGE7 OF26 area. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. 16. Construct five cul-de-sac turnarounds without center islands within the subdivision, as proposed. Provide a minimum turning radius of 45.feet. 17. Construct chokers on the north side ofPaJrn Street at the intersection of Duane Drive to provide for a reduced street section. 18. Vacate the existing right-of-way, exchange the existing right-of-way, or improve the existing right-of-way within the proposed development (a portion of Granger Street and a 20-foot strip that abuts the Perkins Brown Subdivision's east property line). 19. Deter all construction traffic Duane Drive, as no construction traffic should utilize Duane Drive. 20. Other than the access point that has been specifically approved with this application, direct lot access to Ustick Road is prohibited. 21. Comply willi all Standard Conditions of Approval. 22. Per Christy Richardson's letter to Anna Powell - Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office, the applicant has submitted a revised layout of some of the local streets in the intersection. The layout appears to meet the District's policies and is approved as proposed. D. Adopt the Meridian Fire Department Recommendations as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. One and two family dwelliDglS will require a fire-tlow of 1,000 gallons per minute available for duration of 2 hours to service the altire project. Fire hydranbl shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the lV(eridian Water Department. 3. Final approval ofllie fire hydrant locations shall bebytheMeridian Fire DepartmentwIùch will be submitted to llie Public Works Department. All curbing in ftont of tire hydrants shall be painted red for 10' on each side of the installation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ..Q3-O21) PAGE 8 OF 26 4. All roads shall have a turning radius of2S' inside and 48' outBide. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shal1 be required to have a turn around. 7. The fire department requests that any future signalization inStalled as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be bome by the developer. S. It is ~ - 9ueøe DF. ge eel'l:llestsà ..vità. fHll ':,WtIt sireet te pf8'liàe sseeHàary aeó1ess fer 1he JIf8:i Bet. A public street connection will be made to Duane Drive. However, the access will be res1ricted by a gate. The gate will allow for emergency vehicle, pedestrian and bicycle access. The Applicant shall coordinate the design of the gate with ACHD and the Meridian Fire Department. (per action of the City Council meeting of March 2, 2004.) E. Adopt the Recommendation ofNampa & Meridian IIrigation District as follows: 1. The pump station at Dawson Meadows, that this proj ect will hook up to, needs to be enlarged in order to meet the demand that will be put on it. 2. Applicant shall apply for a land use change/site application. F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy ¡wale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZOMNG REDFEATHER. ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-O3-02 1) PAGE9 OF 26 G. 4. S. 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 action of the City CmDlcil taken at their March 2, 2004 meeting as follows; For clarification: 1. Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Ada County Highway Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (Per Christy Richardson's ofletter to Anna Powell- Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) Additionally, the Ada County Highway Commission, upon a public hearing, would then have to address the Duane Drive standards, width, sidewalks, and who would bear the expense for said improvements. At no point in time shall construction 1raffic, or extra vehicles, except the present existing surrounding homeowners, be allowed to use Duane Drive, and the existing fence, which is now in place, shall remain in place until such time as the gate can be constructed. 2. Since the most western portion of the property is to be made a part of this annexation which is to be rezoned to CoG, a Development Agreement shan be entered into between the City of Meridian and the owners of the property to be zoned CoG (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that would restrict development offuture uses for this area. The Development Agreement shall also cite the appropriate Comprehensive Plan policies (nom Chapter VI and VII) as applicable to these properties. (See number B.l. above for further explanation.) 3. Pertaining to the dispute over the boundary lines on Granger between the Applicant and Jim and Irma Mittleider, the Applicant resolved this situation by positioning the right-of-way further north to compensate for what the Mittleider's believe to be their property. The Applicant shall also work with the Mittleiders to work out the piping of ditches. Additionally, the Applicant stated on public record that they would be willing to meet with the Mittleiders to go over the development plan, and to discuss any issues they may have. The revised Landscape Plan shows the increased landscape buffer along Ustick Road to be 35 feet, which meets the entryway corridor policy of the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-03-Ø21) PAGE 10 OF 26 13. It is found that the requested zoning designations, R-4 and CoG, are harmonious with and in accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Mixed Use Regional for the proposed G-G property and Medium Density Residential for the R-4 property". 14. It is not anticipated that the applicant intends to rezone the subject property in the future because of the proposed use in the R-4 zone (single-family) and the flexibility for future development on the CoG proposed property. 15. It is found that the proposed single-family residential portion of the zoning amendment would be developed in a manner substantially consistent with the proposed R-4 zone and/or consistent with alloweable Planned Development uses. The applicant submitted a revised preliminary plat, planned development plan. and landscape plan fur the R-4 single- family residential property, but a Development Agreement will need to be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry & FllUlce8 Bryson and Me! vin R. and Noma E. Schrammeck Trust) that would restrict development of future uses for this area. The Development Agreement shall also cite the appropriate Comprehensive Plan policies (from Chapter VI and Vll) as applicable to these properties. (See number B.2. above for further explanation.) 16. It is found that the annexation, zoning and redevelopment of parcels to the north and east of this site (witbin Boise City limits) to medium density residential uses are similar to the proposed use and would be compatible. Recently there have been several larger residential subdivisions, with densities similar to those allowed in the R-4 zone that have been approved by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-O3-O2l) . PAGE 11 OF 26 CityofBoise. Providence Place, Heather Meadows Subdivision. Dawson Meadows Subdivision and Redfeather Estates Subdivision # 1 have all been approved for single-family residences in the vicinity of this site. An annexation and zoning application for a proposed CoG zone WflS approved by the Planning and Zoning Commission in September 2003 for the 18 acres immediately north of the proposed CoG property within the subject application. The arterial streets adjacent to this site, Ustick Road (between Cloverdale Road and Eagle Road) and Eagle Road are currently Dot included within ACHD's Five Year Work Program for roadway improvements. 17. It is found that the proposed use R-4 (single family residential) match the intended character of the vicinity. It is found that the proposed zOllinWUses can be designed and consliucted in a manner that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. It is also found that to ensure compatibility of the commercial area, a Development Agreement shall be required which will help guide appropriate and harminous appearances in the future. The existing character of the area will, and is, currently changing, especially upon build-out of the proposed project and othm- similar subdivisions in the general vicinity. It is found that it will not adversely change the essential character of the area. 18. It is not anticipated that the proposed residential or conunercial uses will be hazardous or disturbing to future or existing neighbors, due to other existing and proposed uses in the vicinity of the site. 19. The Meridian Fiæ Department submitted a list of conditions and needs in order to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-o3-O21) PAGE 12 OF 26 adequately serve the project, and said list is addressed within 12. D. hereinabove. Additionally, A CHD submitted their requirements, rOmmendations and conditions which are addressed in 12.C. hereinabove. Water and sanitary sew¡er services are proposed to be extended from existing service I I lines in Ustick Road and near the SO1ith Slough, via Eagle Road. I i 20. It is found that there ~ not be excessive additional requirements at public cost for i public services and facilities and ~t the annexation and zoning will not be detrimental to the I community's economic welfare. The ~eveloper will be financing the extension of sewer, water, local I street infrastructure, utilities and irri1tion services to serve the project. The primary public costs to serve the future residents will be fire,i police and school facilities and services. I 21. It is found that the ~osed residential and commercial zones/uses will not be I I detrimental to people. property or the reral welfare of the area. The proposed uses on the subject property will create additional traffic IjInnearby arterial roadways. Washington Group International prepared a traffic study for this site. ~ a result of the site build-out, Washington Group anticipates I that traffic on the vicinity roadways arb expected to increase as follows: traffic on U stick Road, west I of Duane Drive, may increase by 90S vpd; traffic on Ustick Road east of Grenadier Way may . I , increase by 874 vpd; traffic on ClOV+ale Road north of Granger Street may increase by 332 vpd; traffic on CloverdaIe Road south of ~ Street may increase by 905 vpd. The intersection of Ustick RoadiCloverdale Road is ~ently operating at a LOS E with a delay of 56 seconds per I vehicle. At build-out of the RedfeI$.er Estates No.2 site, the Ustick RoadiCloverdaie Road I intersection is projected to continue ~ at LOS E with a delay of70 seconds per vehicle. The intersection ofCloverdale ROad!F,ew Avenue is currently operating at a illS F with a delay of I F1NDINGS OF FACT AND CONCLUS¡DNS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED D~PMENT (AZ-O3.021) : ¡PAGE 13 OF 26 ; I 112 seconds. At build-out of the R\=dfeather Estates No.2 site, the intersection is projected to I I continue operating at LOS F with a delay of 112 seconds per vehicle. I I It is recognized that the traffi9 and noise will increase with the approval of this subdivision; however, it is believed that the amouht generated will bedetrlmentaltothe general welfare of the I public. It is not anticipated that the pJoPOSed annexation and subsequent uses will create excessive noise, smoke, fumes, glare, or odors. I 22. ACHD has reviewed ahd recommended approval of the vehicular approach to the site I fÌom Ustick Road. The ACHD COm$ssion approved the subject application and proposed vehicle I approache.s. Further, the applicant is reposing to extend stub streets that were originally approved I and constructed to provide efficient adcess to the site, lilIÜting the amount of interference with traffic I I on surrounding streets. Review of the ACHD report for this project will provide additional I I 23. A revised Landscape ~an was submitted and which Plan increased the landscaping i along Ustick Road to 35 feet, it took ~t the very long street and created a loop. Additionally, there I will be pedestrian access 1Ì'Om the cnnent terminus ofBriarwood Drive to Briarwood S ubdi vision, as i proposed, and to retain the existing maple tree. All trees that are removed nom this site shall be I mitigated in accordance with MCC 12-13-13-6. The revised Landscape Plan was approved by the I Planning and Zoning Department I ! The South Slough (Finbh Lateral) crosses the subject property along the southwest I corner of the proposed R.4 property. ~ Milk: Lateral will be piped by the Applicant. The applicant information. is proposing to construct a 10- foot wid~ paved multi -use pathway adjacent, to the lateral as part of the I FINDINGS OF FACT AND CONCLUsioNS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING REDFEA 1HER ESTATES SUBDMSION NO.2 PLANNED DEVIÍLOPMENT (AZ-O3-021) ¡, PAGE 14 OF 26 development proposal for the Redfeather development. If a1l applicable agency design and treatment standards are complied with, it is f°u4d that the proposed pathway will not result in the destruction. ! loss or damage of the lateral. Rathe¡! the proposal should enhance the lateral by allowing nearby I residents to enjoy the feature. : There appears to be ~ other natural or scenic features of maj or importance in the area I that may be affected the proposed !'e2jone!uses. i 24. It is found that the am1exationlrezone of this property would be in the best interest I I of the City. i 25. It is found that if the roper pays for the requested improvements i 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 iesídents and tax and rate payers will be protected, a I , condition of annexation and zoning d~ignation. 26. It is also found that thl development considerations as referenced in Finding No. ! 12 are reasonable to require and mus, be taken into account, in order to assure the proposed development is designed, constructedf operated and maintained in a manner which is harmonions and appropriate in appearance with ~e existing, or intended character of the general vicinity, in i order to assure that the proposed use ivill not change the essential character of the affected I vicinity and will insure that the proPored uses will not be hazardous or disturbing to the existing, I or future neighboring uses, particu1ar~ considering the impact of proposed development on poten1ial to produce excessive traffic) noise, smoke, fumes, glare and odors. I ~NCLUSIONS OF LAW I FINDINGS OF FACT AND CONCLUSioNS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEA1HER ESTATES SUBDMSION NO.2 PLANNED DEv:\n,OPMENT (AZ-O3'()21) ! I PAGE 15 OF 26 1. The City ofMeridian!Ias authority to annex: real property upon written request for annexation and the real property b~ contiguous or adjacent to city boundaries and that said : property lies within the area of city itbpact as provided by Idaho Code Section 50-222. The I ¡ Meridian City Code § 11-16 provide~ the City may annex real property that is within the Meriwan Urban Service Planning .J:a as set forth in the City's Comprehen~ive Plan. I I The Council may take~udicial notice of government ordinances, and policies, and i of actual conditions existing within ti¡.e City and State. : The City of Meridian ~as eJtercised its authority and responsibility as provided by I "Local Land Use Planning Act of 1915", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehe4sive Plan City of Meridian adopted August 6, 2002, I I Resolution No. 02-382. i i The following are foWild to be pertinent provisions of the City of Meridian I Comprehensive Plan and are applicaqle to this Application: Chapter VI and Chapter VII. I I 2. 3. 4. s. The zoning of(R-4) r.dw Density Residential is defined in the Zoning Ordinance at § I 11.7-2 C as follows: at....) Low Densitv Residential District: Only single-family dwellings shall be pennitted and no conditional uses shall ~e permitted except fur planned residential development and public schools. The purpose of the R-4 District is to permit the establishment oflow 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 prolu'biting the intrusion of incompatible nonresidential uses. The R-4 þistrict allows for a maximum of four (4) dwelling units per acre and requires connection to the Mw1icipal water and sewer systems of the City. ! ¡ I i FINDINGS OF FACT ANDCONCLUStONS OF LAW AND DECISION AND ORDER GRANtING APPLICATION FOR ANNEXATION AND ZONING ~FEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVEtüPMENT (AZ-O3-o21) I I PAGE 16 OF 26 I ¡ Since the annexation! and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofIand. See Burl vs. The City ofIdaho FaIls. 105 6. Idaho 65,665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized inigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the CityCouncll does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 114.52 acres to Low Density Residential (R-4) and General Retail and Service Commercíal (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 114.52 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-O3-Q21) PAGE 17 OF16 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 Special Recommendations of the Planning and Zoning Commission as follows: 1. Do not require the inclusion of the one-acre Smitcbger out parcel in the annexation. C. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. Removal of any existing domestic wells and/or septic systems within this project fTom their domestic service must be 8CC()mplished within two years of the approval of these Annexation and Zoning Findings, but it may be extended for an additional year by the City Engineer if good cause is shown, and pending development of the parcel would wam.nt the extension. Wells may be used for non-domestic purposes such as landscape irrigation. 2. Prior to annexation, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned CoG (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that requires any future uses of the property to be approved OlÙytbroUgh the conditional use permit process. In addition, the agreement shall include a requirement that either a public or private baciatge street generally parallel with Eagle RoadlSH 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 detailed CUP applications being submitted on either the Bryson or Schrammeck properties. The DA shall also cite the following Comprehensive Plan policies (ftom Chapter VI and VII) as applicable to these same properties: Traru¡portation Policies Aoolicable to the BrvsonlSchramm.eck Annexation: . "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and 8UlTOunding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-O3.021) PAGE 18 OF 26 . 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 of life. The proposed off-street and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New aDd 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 Aoolicable to the Bryson/Schrarnmeck 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; . 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." 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the appropriate irrigation/drainage disttict, or lateral users association, with written confimmtion of said approval submitted to the Public Works Department. C. Adopt the Recommendations ofllie Ada County Highway District as follows: FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTlNG APPUCATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-O3-O21) PAGE 19 OF 26 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the appIicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific deveJoprnent project) an additional 23- feet of right-of-way along Ustick Road, and construct a minimum 5.foot wide concrete sidewalk along Ustick Road, Iocated a minimum of 23-feet from the centerline of the right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum S-foot wide concrete sidewalk along Ustick Road, located a minimum of 23- feet nom 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 the main entrance, North Grenadier Way, to intersect Ustick Road approximately 37o-feet east of the west property line, as proposed. This roadway shall align with an existing roadway that is located on the north side of Us tick Road. 3. Construct North Grenadier Way and East Granger Street as residential collectors, but believes that these roadways should be constructed as 36-foot street sections with vertical curb, gutter and 4-foot detached concrete sidewalk (or a 5-foot attached concrete sidewalk). 4. Construct the remainder of the internal roadways as 36-foot street sections with rolled curb, gutter and S-foot attached concrete sidewalks, as proposed. 5. Extend Granger Street from the east property line approximately640-feet north of the south property line, as proposed. 6. Extend East Palm Street from the east property line approximately 440-feet north of the south property line, as proposed. .7. Install swinging gate at the connection of Duane Drive and Palm Street for the present time. Construct a pedestrian!bicycle pathway that connects the improveinents on Duane Drive (south of the gate) to the 24-feet of pavement that exists (north of the gate). FINDINGS OF FACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTA1ES SUBDIVISION NO. 2 PLANNED DEVELOPMENT (AZ-O3-O21) PAGE20 OF 26 '" Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Commission ¡fthere was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (per Christy Richardson's letter to Anna Powell - Planning and Zoning Director, stmnped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) . 8. Construct a stub street (East Palm Street) to the west property line approximately 500-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Construct a stub street tot eh south property line approximately 900-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub street to the S-acre out parcel that is located at the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct a stub street to the north property line approximately loo-feet west of the east property line, as proposed. Instal1 a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct a pedestrian path (rather than a stub street) that will connect this subdivision with Briarwood Subdivision, as proposed. 13. Before a building pennit is issued for lot 242, install the center turn lane on Cloverdale Road at the intersection of CloverdaIe Road and Granger Street if the warrants are met prior to the District's reconstruction ofCloverdiÙe Road. 14. Coordinate the timing and the design oftherigbt-tum radüon Ustick Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services Staff. 15. Construct an island/median within the public right-of-way of North Grenadier Way (near the intersection of U stick Road). as proposed. Provide a minimum of a 21- foot street section on either side of any proposed center islands within the turnarounds. Construct the island/median to be a minimum of 4-feet wide to total a minimum of a 100-square foot area. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZON1NG RED FEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-O3-O21) PAGE21 OF26 16. Construct five cul-de-sac turnarounds without center islands within the subdivision, as proposed. Provide a minimwn turning radius of 45-feet. 17. Construct chokers on the north side of Palm Street at the intersection of Duane Drive to provide for a reduced street section. 18. Vacate the existing right-of-way, exchange the existing right-of-way, or improve the existing right-of-way within the proposed development (a portion of Granger Street and a 20-foot strip that abuts the Perkins Brown Subdivision's east property line). 19. Deter all construction traffic Duane Drive, as no construction traffic should utilize Duane Drive. 20. Other than the access point that has been specifically approved with this application, direct lot access to Ustick Road is prohibited. 21. Comply with all Standard Conditions of Approval. 22. Per Christy Richardson's letter to Anna Powell- Planning and Zoning Director, stamped: RECENED FEB 042004 City of Meridian City Clerk Office, the applicant has submitted a revised layout of some of the local streets in the intersection. The layout appears to meet the District's policies and is approved as proposed. D. Adopt the Meridian Fire Department Recommendations as follows: The following will be the requirements and/or concerns to provide minirnwn levels of fire protection for the proposed project 1. One and two family dwellings will require a fire-flowof I ,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. 2. Acceptance of the water supply for fire protection win be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shalI be by the Meridian Fire Department which will be submitted to the Public Works Department All curbing in fÌOnt of fire hydrants shall be painted red for 10' on ed side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCA nON FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ.O3-DZl) PAGE22 OF 26 s. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 7. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be bome by the developer. 8. It is l'IICi 1iesteà diat DøIlf1e Dr. he eÐBMeteel wit;k full width street Ie )3fEJviàe seeenèßt:y aeel!Ss fer 1:he )3fEJjeet. A public street connection will be made to Duane Drive. However, the access will be restricted by a {!,1Ite. The gate will allow for emergency vehicle, pedestrian and bicycle access. The Applicant shall coordinate the design of the gate with ACHD and the Meridian Fire Department. (per action of the City Council meeting of March 2, 2004.) E. Adopt the Recommendation ofNampa & Meridian lITigation District as follows: 1. The pump station at Dawson Meadows, that this project will hook up to, needs to be enlarged in order to meet the demand that will be put on it. 2. Applicant shall apply for a land use change/site application. F. Adopt the RecoDlDlendations of the Central District Health Department as follows; I. This proposal can be approved for cen1Ial sewage & central water after written approval :&om 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING REDFEATIlER ESTATES SUBDIVISION NO.2 PLANNED DEVEWPMENT (AZ-O3-O21) PAGE23 OF26 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stO1tllwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the action of the City Council taken at their March 2, 2004 meeting as follows: For clarification: 1. Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Ada County Highway Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (per Christy Richardson's of letter to Anna Powell- Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) Additionally, the Ada County Highway Commission, upon a public hearing, would then have to address the Duane Drive standards, width, sidewalks, and who would bear the ex:pense for said improvements. At no point in time shall construction traffic, or extta vehicles, except the present existing surrounding homeowners, be allowed to use Duane Drive, and the existing fence, which is now in place, shall remain in place until such time as the gate can be constructed. 2. Since the most western portion of the property is to be made a part of this annexation which is to be rezoned to C-O, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned CoO (Harry & Frances Bryson and Melvin R. and Noma E. Schrarnmeck Trust) that would restrict development of future uses for this area. The Development Agreement shall also cite the appropriate Comprehensive Plan policies (ftom Chapter VI and VII) as applicable to these properties. (See number B.2. above for further explanation.) 3. Pertaining to the dispute over the boundary lines on Granger between the Applicant and Jim and Inna Mittleider, the Applicant resolved this situation by positioning the right-of-way :further north to compensate for what the Mittleider's believe to be their property. The Applicant shall also work with the Mittleiders to work out the piping of ditches. Additionally, the Applicant stated on public record that they would be willing to meet with the Mittleiders to go over the development plan, and to discuss any issues they may have. 4. The revised Landscape Plan shows the increased landscape buffer along U stick Road to be 35 feet, which meets the entryway conidor policy of the City. 4. The City Attorney shall prepare for consideration by the City Council the appropriate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (Az.(}3.()21) PAGE 24 OF 26 ordiruince for the annexation and zoning designation of the real property which is the subject of the application 10 (R-4) Low Density Residential District and (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 Departmenl shall prepare the appropriate mapping changes of the official boundaries and zoning maps a& 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. Pleaee take notice that this is a final action of the governing body of the City of Meridian, pursuant 10 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 /3-16 day of #pr, -¿ ,2004. FINDINGS OF FACT AND CONCLUSIONS OF IA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEA THER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-O3-o21) PAGE 2S OF 26 ROLLCALL COUNCU.,MAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED~ MA VOR TAMMY de WEERD (TIE BREAKER) DATED: #-/$ -191- MOTION: APPROVED:-A... DISAPPROVED:- VOTED- Attest: B~~~;(f City Clerk Dated: 1--tl-tJ4-- Z:\WorI<\M\MerldianIMeñd;an I ,360M.Rodlòathor Eslallos Sub. No. 2 AZ-O3-021 PI'O~ ClJII.03-0411AZFfC!&.Onl.....doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXAnON AND ZONING REDFEATIlER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-O3-O21) PAGE26 OF26