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Redfeather Estates No. 2 DA 2 AZ 03-21 PARTIES: ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 45 BOISE IDAHO 10/08/04 03:35 PM ~~~g~E~o~~~~~~~~eÒF 1111111111111111111111111111111111111 ~ç MERIDIAN CITY 104129528 '~--_. DEVELOPMENT AGREEMENT 1. 2. City of Meridian Packard EstatesDevelopment, LLC, Develper THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this~ day of Seplembo' , 2004, by and between CITY OF MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY', and PACKARD ESTATES DEVELOPMENT, LLC, whose address is 6223 N. Discovery Way, Suite 120, Boise, Idaho 83713, and hereinafter called "DEVELOPER". 1. RECITALS: 1.2 1.3 1.4 1.5 1.1 WHEREAS, "DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State ofIdaho, described in Exhibit A for the R-4 zoning, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and WHEREAS, I.C. § 67-65l1A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "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" described in Exhibit A, and has requested a designation of (R-4) Low Density Residential District, (Municipal Code of the City of Meridian); and WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 1 OF 19 1.6 1.7 1.8 1.9 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 "DEVELOPER" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; 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 "DEVELOPER" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms and phrases herein contained in this section shall be deemed and interpreted as DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 2 OF 19 herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 3.2 3.3 "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 Packard Estates Development, LLC, whose address is 6223 N. Discovery Way, Suite 120, Boise, Idaho 83713, the party owning said "Property" being developed and shall include any subsequent owner(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 zoned R-4 attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (C) which are herein specified as follows: 4.2 Development and construction of 302 building lots and 28 other lots on 90.29 acres for the R-4 zone. No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.A "DEVELOPER" shall develop the "Property" in accordance with the following special conditions: DEVELOPMENT AGREEMENT (AZ-O3-O21) PAGE 3 OF 19 1. Removal of any existing domestic wells and/or septic systems within this project ITom 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 extension. Wells may be used for non-domestic purposes such as landscape irrigation. 2. 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- Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Adopt the Recommendations of the Ada County Highway District as follows: 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely ITom 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 of23-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 of23-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along 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 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 Us tick Road. DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 4 OF 19 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 5-foot attached concrete sidewalks, as proposed. 5. Extend Granger Street ITom the east property line approximately 640-feet north of the south property line, as proposed. 6. Extend East Palm Street ITom 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 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 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, stamped: RECEIVED FEB 042004 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 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". DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE50F 19 11. Construct a stub street to the north property line approximately 100-feet west of the east property line, as proposed. Install a sign at the terminus ofthe 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 Cloverda1e Road at the intersection of Clover dale Road and Granger Street if the warrants are met prior to the District's reconstruction of Clover dale Road. 14. Coordinate the timing and the design of the right-turn radii on Ustick Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services Staff. 15. Coustruct 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 within the turnarounds. Construct the island/median to be a minimum of 4- feet wide to total a minimum of a 1 DO-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. 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 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 coustruction 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. DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE60F 19 21. Comply with all Standard Conditions of Approval. 22. Per Christy Richardson's letter to Anna Powell- Planning and Zoning Director, stamped: RECENED 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. 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 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. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All cwbing in ITont offire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 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 borne by the developer. 8. It is Feq¡teste8 that Dæme Df. Be eeflfleeteà ',vith fallYÄàtII. Met te flflJ':iàe seeIJBèary aeeess fIJr the ¡3fE)jeet. A public street connection will be made to Duane Drive. DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 7 OF 19 However, the access will be restricted 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.) Adopt the Recommendation ofNampa & Meridian hrigation 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. 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 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. 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 DEVELOPMENT AGREEMENT (AZ-O3-O21) PAGE 8 OF 19 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 traffic, 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. 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. 4. 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. Comply with aU the conditions, recommendations and requirements of the corresponding applications of Preliminary Plat, Case No. PP-O3-024, and the Conditional Use Permit, Case No. CUP-O3-041. 6. 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 "DEVELOPER" or "Owner's" heirs, successors, assigns, to comply with Section 5 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. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT (AZ-O3-O21) PAGE 9 OF 19 "DEVELOPER" consent upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "DEVELOPER" and if the "DEVELOPER" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "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 ofsuch 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. 9. DEFAULT: 9.1 9.2 In the event "DEVELOPER" 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 "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. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "DEVELOPER'S" cost, and submit proofofsuch recording to "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. DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 10 OF 19 11. ZONING: "City" shall, following recordation of the 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 "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. 12.1 12.2 In the event of a material breach of this Agreement, the parties agree that "City" and "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 hereunder by either "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. 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 of the improvements, which the "DEVELOPER" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "DEVELOPER" agrees that no Certificates of Occupancy will be issued until all improvements are complet«d, unless the "City" and "DEVELOPER" have entered into an addendum agreemení stating when DEVELOPMENT AGREEMENT (AZ-O3-O21) PAGE 11 OF 19 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 "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. 16. NOTICES: Any notice desired by the parties and/orrequired 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, ID 83642 Packard Estates Development, LLC 6223 N. Discovery Way, Suite 120 Boise, Idaho 83713 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 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 fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 12 OF 19 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 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. 19. 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 "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 "DEVELOPER", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "DEVELOPER" has fully performed 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 ITom 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 "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 "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". 21.1 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. DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 13 OF 19 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 14 OF 19 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER: BY: j?~~ CITY OF MERIDIAN: ~~ BY: ~ MAYO YdeWEERD ATTEST: DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 15 OF 19 STATE OF IDAHO) :ss COUNTY OF ADA ) On this 1ft). day of ~, in the year 2004, before me, a Notary Public, personally appeared. Craig Groves, known or identified to me to be the Managing Member of Packard Estates Development, LLC, and the person who executed the instrument and acknowledged to me that he has executed the same on behalf o~Packard Estates Development, LLC. STATE OF IDAHO) :ss WyPob.'..w.m;( ;(~ -.... ..,~ (.. ~ ~- () Commission expire: V. . dl' County of Ada ) On this ~ day of ~v ,in the year 2004, before me, a Notary Public, personally appeare Tammy de Weerd and Wllham 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. Ld4cJ!~v ~~:rng at: for loa ~ Commission expires: 2c (SEAL) , """""" "".. \.. GA,\' """ ,,- ò'......... ð-t '" l Ci .r ,.~ '\ :t!: ~O'fAR}-"\ ~ g ; -.- : * Ë =*\ ciS ~ . J>UB\..~ I : ~ .. 0: ...J'" ..~: ", »-1 ........., ,.. ,,' "'",/,S of \~....., """""" DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 16 OF 19 EXHIBIT A (SINCE THE PROPERTY IS DUE TO BE SOLD IN MAY 2004 TO PACKARD ESTATES DEVELOPMENT, LLC, THE TOTAL ACREAGE FOR THE R-4 PROPERTY LEGAL IS HEREIN DESCRIBED) R-4 ZONING A parcel ofland consisting of Lots 5, 6,7, and a portion of Lot 9 ofGeorgianna Milk's First Subdivision as on file in Book 4 of Plats at Page 178 in the Office of the Recorder for Ada County, Idaho and portions of the SE II. ofthe NW II. and the West Y:. of the NE II. of Section 4, T.3N., R.lE., B.M., Ada County, Idaho and more particularly described as follows: BEGINNING at an iron pin marking the North II. comer of said Section 4; thence along the North line of said Section 4 South 89°44'17" East 912.63 feet to a point on the East line of Parcel B as shown on Record of Survey No. 3847 in said Office of the Ada County Recorder; thence leaving said North line along said East line South 00°48' 17" East 315.41 feet to an iron pin; thence continuing South 89°44'17" East 150.01 feet to an iron pin; thence continuing South 00°48'17" East 166.95 feet to an iron pin; thence continuing South 65°53'17" East 273.76 feet to an iron pin on the East line of said Govenunent Lot 2; thence along said East line South 00°32'19" West 694.30 feet to an iron pin marking the Southeast comer of said Govenunent Lot 2; thence along the East line of the SW II. of the NE II. of said Section 4 South 00°33'46" West 1326.12 feet to an iron pin marking the Southeast comer of said West Y. of the NE 11.; thence along the East-West center ofsection line of said Section 4 North 89°47'00" West 998.72 feet to the Southwest comer of said Lot 7; thence along the West line of said Lot 7 North 00°36'46" East 642.69 feet to the Northwest comer of said Lot 7; thence along the North line of Lot 8 of said Georgianna Milk's First Subdivision North 89°48'16" West 328.56 feet to the Northwest comer of said Lot 8; thence along the West line of said Lot 8 South 00°37' 48" West 642.57 feet to an iron pin marking the center of said Section 4; thence along the East- West center of section line of said Section 4 DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 17 OF 19 ". North 89°45'21" West 1329.51 feet to the Southwest comer of said SE Y. of the NW Y. of Section 4; thence along the West line of said SE Y. of the NW Y. North 00°37'36" East 665.34 feet to the Southwest comer 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 along the South line of said Perkins-Brown Subdivision South 89°49'23" East 1309.56 feet to a point; thence continuing North 00°37' 48" East 20.00 feet to a point; thence continuing South 89°49'23" East 20.00 feet to a point on the North-South center of section line of said Section 4 North 00°37' 48" East 638.25 feet to an iron pin marking the Southwest comer of said Government Lot 2; thence continuing North 00°35'08" East 1289.31 feet to the POINT OF BEGINNING; Said Parcel Contains 90.81 Acres, more or less. DEVELOPMENT AGREEMENT (AZ-O3-O21) PAGE 18 OF 19 ", EXHIBIT B Findinl!s of Faet and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-O3-021) PAGE 19 OF 19 RECEIVED APR 2 1 2IJOIt City Of Meridian City Clerk Office BEFORE THE MERIDIAN CITY COUNCIL C/C 03/02/04 PACKARD ESTATES DEVELOPMENT, LLC, APPLICANT IN THE MATTER OF TIlE ) APPLICATION FOR ANNEXATION) AND ZONING OF 114.52 ACRES ) FOR PROPOSED REDFEA THER ) ESTATES SUBDIVJSION 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, ~ MILE WEST OF ) CLOVERDALE ROAD, AND THE ) EAST SIDE OF EAGLE ROADISH ) 55, \4 MaE 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 ofFact and Conclusions of Law, and Decision and Order: FINDINGS OF F ACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-O3-OZ1) PAGE 1 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 §§ 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 Ihe 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 soulh side of Us tick Road, ~ mile west of Clover dale Road, and the east side of Eagle Road/SH 55, ~ mile south of Us tick. Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owners of record of the subj ect property are Harry and Frances Bryson, Melvin R. and Noma E. Schrammeck Trust, Alan and Elaine Durkheimer, Melvina and Will Grant, The Ustick 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 APPUCATION FOR ANNEXATION AND ZONlNG REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVEWPMENT (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 annexalion parcel (18 acres) and a future church site, to the south by Clover Meadows Subdivision and a turf fann, 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 concerns of the following individuals: - Sherry and Harvey Hoff (letter 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 9/4103) - 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 9/8/03) - Dan and Darlene Thompson - Robert C. Sanders (letter dated 9/10/03) - Howard and Karen Jeffiies (letter dated 9/lIl03) . 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 ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVEWPMENT (AZ-O3-O21) PAGE3 OF26 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are impo sed: 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 :fi'om 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 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 Ci ty of Meridian and the owners of the property to be zonèd C.G (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 permit process. In addition, the agreement shall include a requirement that either a public or private backage street generally parallel with Eagle Road/SH 5S be incorporated into the design offuture site plans. A conceptual master plan demonstrating interconnectivíty, 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 (from Chapter VI and VII) as applicable to these same properties: TransDortation Policies Aoolicable to the Brvson/Schrammeck Annexation: . "Large development proposals that are likely to generate significànt 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 ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ..Q3.02l) PAGE4 OF26 should be examined for ways 10 encourage all forms of transportation such as transit, walking, and cycling. . New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. . In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use ofpublic transit systems is an important first step. Public IIansit 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 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 Devdopment 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 cenlers 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 inigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the paroel &ball 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 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 DEVELOPMENr (AZ-íJ3-021) PAGE5 OF26 C. Adopt the Recommendations of the Ada County Highway District as follows: 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, iffunds 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 ITom 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 construcl a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-feet ITom the centerline ofthe 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 al the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly acconunodate 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 10ca1ed 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-£oot 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 5-foot 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 440-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 REDFEA THER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-03-O2l) PAGE 6 OF 26 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 improvements on Duane Drive (south of the gate) to the 24.feet of pavement thaI 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 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, 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 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 tenninus 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 100-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 BrillIWood Subdivision, as proposed. 13. Before a building permit is issued for lot 242, install the center turn lane on Cloverdale Road at the intersection ofCloverda1e 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-turn 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 ofU 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 amiDimum of a 100-square foot 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-o21) 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 ofPahn 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-£001 strip that abuls 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: 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 proteclion for the proposed project: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrant<; shall be placed an average of 400' apart. 2. Acceptance of the water supply fur fire protection will be by the Meridian Water Department. 3. Final aPProval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department All curbing in fi'ont of fire 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 APPUCATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (Az.O3-O21) PAGE 8 OF 26 4. All roads shall have a turning radius of28' inside and 48' outside. S. Operational fire hydrants and temporary or pennanent 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 borne by the developer. 8. ~ïs:~~tie~à 1IItH 9øme Dr. ge e9B:ll.eeteè with fuR ...liåtk Met te 1"1'9'.;118 seeenèlll'Y IWsesS fer die JIFEIjel,J , A public street çonnection will be made to Duane Drive. However, the access will be restricted by a gate. The gale 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 Inigation 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 Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after wrilten approval ftom 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 surfåce water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENr (AZ-O3-o21) PAGE 9 OF 26 G. 3. 4. 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. 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 expense for said improvements. At no point in time shall construction traffic, 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 lime 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 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 would restrict development of future uses for this area. The Development Agreement shall also cite the appropriate Comprehensive Plan policies (ftom Chapter VI and Vll) as applicable to these properties. (See number B.2. above for further explanation.) Pertaining to the dispute over the boundary lines on Granger between the Applicant and Jim and Irma Mittleider, the Applicant re!lolved this situation by po sitioning the right-of-way further north to compensate for what the Mittleider' 5 believe to be their property. The Applicant sha11 also work with the MittIeiders 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 fuel, which meets the entryway corridor policy of the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPliCATION FOR ANNEXATION AND ZONING REDFEA 1HER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-O3-02I) 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 forthe R-4 single- family residential property, but a Development Agreement will need to be enlered 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 of future uses for this area. The Development Agreement shall also cite the appropriate Comprehensive Plan policies (from Chapter VI and VII) as applicable to these properties. (See number 8.2. above for further explanation.) 16. It is found that the annexation, zoning and redevelopment of parcels to the north and east of this site (within 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 APPUCATION FOR ANNEXATION AND ZONJNG REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-O3-02I) PAGE 11 OF26 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 CoO zone was approved by the Planning and Zoning Commission in September 2003 for the 18 acres immediately north of the proposed C-G 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 not 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 zo11.inWUses can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. It is also found thaI to ensure compatibilily 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 other 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 orconunercial 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 Fire 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, rmmendations and conditions which are addressed in 12. C. hereinabove. Water and sanitary ~er services are proposed to be extended from existing service I I lines in Ustick Road and near the Soilith 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 \Ieve1oper will be financing the extension of sewer, water, local i street infrastructure, utilities and in'ifon 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 ~pOSed residential and commercia] zonesJuses will not be I detrimental to people. property or the ~eneral welfare of the area. The proposed uses on the subject property will create additional traffic ~n nearby arterial roadways. Washington Group International prepared a traffic study for this site. ~ a result of the site build-out, Washington Group anticipales I that traffic on the vicinity roadways ad: expected to increase as follows: traffic on U stick Road, west I of Duane Drive, may increase by 965 vpd; traffic on Ustick Road east of Grenadier Way may , I increase by 874 vpd; traffic on Clov~e Road north of Granger Street may increase by 332 vpd; traffic on Cloverdale Road south of tanger Street may increase by 905 vpd. The intersection of Ustick RoadlCloverdale Road is cuJently operating at a LOS B with a delay of 56 seconds per I I vehicle. At build-out of the Redfeather Estates No.2 site, the Ustick RoadiCloverdale Road intersection is projected to continue o~erating at LOS E with a delay of70 seconds per vehicle. The intersection of Cloverdale RoadIF ~ew Avenue is currently operating at a LOS F with a delay of I FINDINGS OF FACT AND CONCLUS¡ONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONJNG RijDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DE'1WPMENT (AZ-O3'()2l) : I PAGE 13 OF26 i I 112.seconds. At build-out oftbe R~feather Estates No.2 site, the intersection is projected to I I continue operating at LOS F with Ii delay of 112 seconds per vehicle. I I It is recognized that the traffi9 and noi.se will in«ease with the approval of this subdivision; however, it is believed that the amouht generated will be detrimental to the general welfare of the I public. It is not anticipated that the P~POSed annexation and subsequent uses will create excessive noise, smoke, ftunes, glare, or odors.! 22. ACHD bas reviewed arid recommended approval of the vehicular approach to the site : ITom Ustick Road. The ACHD Com$ssion approved the subject application and proposed vehicle approaches. Further, the applicant is ~OPOSing to extend stub streets that were origina1ly approved I and constructed to provide efficient adcess to the site, limiting the amount of interference with traffic ¡ on surrounding .street.s. Review of the ACHD report for this project will provide additional I I 23. A revised Landscape ~ was submitted and which Plan increased the landscaping i along Ustick Road to 35 feet, it took o¡ut the very long street and created a loop. Additionally, there ¡ will be pedestrian access from the current terminus ofBriarwood Drive to Briarwood Subdivision. as i proposed, and to retain the existing maple tree. All trees that are removed ITom 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 i comer of the proposed R.4 property. ~ Milk Lateral will be piped by the Applicant. The applicant information. is proposing to construct a 10-fool widf paved multi-use pathway adjacent to the lateral as part of the i I FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING RIÌDFEA TIlER ESTATES SUBDMSION NO.2 PLANNED DEvm.OPMENT (AZ-O3-021) i . PAGE 14 OF 26 development proposal for the Redfeather development. If all applicable agency design and treatment standards are complied with, it is fo~d 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 nol other natural orscenìcfeatures ofmajorimportance in the area I that may be affected the proposed re~neluses. I I 24. It is found that the amJ.exationJrezone of this property would be in the best interest I I I I 25. It is found that if the teloper pays for the requested imvrovements 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 fesidenls and tax and rate payers will be protected, a ' I I condition of annexation and zoning dþsignation. 26. It is also found that thl development considerations as referenced in Finding No. ! 12 are reasonable to reqnire and mus1 be taken into account, in order 10 assure the proposed development is designed, constructedf operated and maintained in a manner which is harmonious and appropriate in appearance with t~e existing, or intended character of the general vicinity. in i order to assure that the proposed use ~l not change the essential character of the affected vicinity and will insure that the propfed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on of the City. potential to produce excessive traffic,'noise, smoke, fumes, glare and odors. ! CONCLUSIONS OF LAW I ì FINDINGS OF FACT AND CONCLUStONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING REDFEA THER ESTATES SUBDIVISION NO.2 PLANNED DEVi!LoPMENT (AZ-O3.021) I I PAGE 15 OF26 1. The City of Meridian þas authority to annex real property upon written œquest 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 i Meridian City Code § 11-16 provide~ the City may annex real property that is within the Meridian Urban Service Planning ~ as set forth in the City's Comprehensive Plan. I 2. The Council may take~udicial notice of government ordinances, and policies, and i of actual conditions existing within t~ City and State. I I The City of Meridian ~as exercised its authority and responsibility as provided by I "Local Land Use Planning Act OfI9~S", codified at Chapter6S, Title 67, Idaho Code by the adoption of the Amended Compreh~ve 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 applica~le to this Application: Chapter VI and Chapter vIT. I I 3. 4. 5. The zoning of (R-4) ujw Density Residential is defined in. the Zoning Ordinance at § ! 11.7-2 C as follows: tR4) Low Densitv Residential District: Only singie-fàmily dwellings shall be permitted and no conditional uses shall ~e permitted except for 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 area.!! 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 nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection t6 the Municipal water and sewer systems of the City. I I I ! FINDINGS OF FACT AND CONCLUStONS OF LAW AND DECISION AND ORDER GRANtING APPLICATION FOR ANNEXATION AND ZONING IqIDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-O3-021) PAGE 16 OF 26 Since the annexation! and zoning of land is a legislative function, the City has I authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls 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 irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LA W, the City CounclI 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 Commercial (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 Slate ofIdaho, and sha11 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 DEVEWPMENT (AZ-O3.02l) PAGE 17 OF26 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 subj ect 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 Smitchger oul 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 ITom 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 extension. Wells may be used fur Don-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 only through the conditional use permit process. In addition, the agreement shall include a requirement that either a public or private backage street generally parallel with Eagle Road/SH 55 be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity, transi1ional 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 (from Chapter VI and Vll) as applicable to these same properties: Transportmion Policies ADUlicable to the BrvsonlSchrammeck Annexation: . "Largedeve1opment proposals that are likely to generate significanl traffic should be assessed for their impact on the transportation system and SUITOunding 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 REDFEATIŒR ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ'()3-021) PAGE 18 OF 26 . New development should not rely on cul-de-sacs since they provide poor fire access, waIkability, and neighborhood social1ife. 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 encouœge alternative modes of transport. Improvement in and encouraged use ofpublic transit systems is an important first step. Public transit includes bus systems and rídesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. . Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality oflife. The proposed off-street and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New arid 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 mirùmizing 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 ADtllicable to the B¡yson/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 shouId 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 sIuù1 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. C. Adopt the Recommendations of the Ada County Highway District as follows; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PI.A:NNED DEVELOPMENT (AZ-O3.021) PAGE 19 OF26 1. The Board of Commissioners authorizes the expenditure of available col1ected 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 applicanl shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed ftom impact fees to be col1ected solely ÍÌ'om 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 of23-feet &om the centerline of the right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrele sidewalk along Ustick Road, located a minimum of 23- feet ITom the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a nrinimum 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 37Q..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 co l1ectors, but believes that these roadways should be constructed as 36-foot street sections with vertical curb, gutter and 4-foot detached concrete sidewaJk (or a 5-foot attached concrete sidewalk). 4. Construct the remainder of the internal roadways as 36-foot street sections with rolled cmb, gutter and S-foot attaclled concrete sidewalks, as proposed. 5. Extend Granger Street &om the east property line approximately640-feet north of the south property line, as proposed. 6. Extend East Palm Street &om 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 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). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (~3-O21) PAGE20 OF26 * 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 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, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office,) 8. Construct a stub street (East Pohn Street) to the west property line approximately 5DO-feet north of the south property line, as proposed. Install a sign at the terminus 0 f the road way 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 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 1 DO-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 Cloverdale Road and Granger Street if the warrants are met prior to the District's reconstruction of CloverdiÙe Road. 14. Coordinate the timing and the design of the right-turn radü 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~f-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 1 DO-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 ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT . (AZ-O3-021) PAGE2l OF26 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 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 righl-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 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 dwel1ings will require a fire..t1ow 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. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department All curbing in ftont of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a tuming radius of28' inside and 48' outside. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTAIES SUBDMSION NO, 2 PLANNED DEVELOPMENT (AZ-Q3-o21) PAGE22 OF 26 E. 5. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. 6. The p]u¡sing 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 ~esæà t!at D1I8B8 Dr. he eElBfllJeteel wi1:k full wiàth Mreet te ~viE1e seeeM8Fy Heese fer 1M pl'tIjeet. A public street connecûon will be made to Duane Drive. However, the access will be restricted 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.) Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. The pump station at Dawson Meadows, that this project wiJI 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 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-offis 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 APPLlCA TION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSrON NO.2 PLANNED DEVELOPMENT (AZ-O3-021) PAGE23 OF 26 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stonnwater dis.posal and design a storm water 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: I. 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 expense for said improvements. At no point in time shall construction traffic, or extra vehicles, except the present existing surrounding homeowners, be allowed to æe 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 !hi s annexation which is to be rezoned to C-o, a Development Agreement shall be entered into between the City 0 f 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 of future uses for this area. The Development Agreement shall also cite the appropriate Comprehensive Plan policies (from 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 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 Mittleider!! 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 Ustick Road to be 3S feet, wWch meets the entryway corridor 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 ESTA1ES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-O3.o21) PAGE 24 OF 26 ordinance for the annexalion and zoning designation of the real property whicl1 is the subject of the application to (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 Department shall prepare the appropriate mapping changes of the official boundllries 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 thatpursuanl to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issUe. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the gÐverning 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 maybe adverse1yaffected by this decision may, within twenty-eight (28) days after the dale 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-ti: day of #pr, -L ,2004. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEA THER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-O3-02 1) PAGE 25 OF 26 ROLL CALL COUNCILMAN SHAUN WARDLE VOTED ~ COUNCILMAN BILL NARY VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED~ MA VOR TAMMY de WEERD (TIE BREAKER) DATED: #-13 -r9!- MOTION: APPROVED:~ DISAPPROVED:- VOTED- Attest: JL~~ City Clerk Dated : 4-t/-p4- Z:\Wm1<IM\MoridÎIIIIIMIridJan I S360M\Redftolbmo Es- Sub. No. Z AZ-O3-<JZl pp.ø3-024 CUJI.O3.()411AZFfCJ&Order,doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZOMNG REDFEATIfER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-O3-O2l) PAGE26 OP26