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Fairview Lakes AZ 02-011 PARTIES: 1. 2. 3. ADA 'COUNTY RECORDER J. OAVIO NAVARRO BOISE IDAHO 12102102 01:57 PM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF MERIDIAN CITY AMOUNT .on '------ 39 '" 1111111111111111111111111111111111 102143306 DEVELOPMENT AGREEMENT City of Meridian William Curtis, Owner Hopkins Financial Services, Inc., Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 2. +~ day of CJch 6-e-....- , Zoo z" by and between CITY OF MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY", and WILLIAM CURTIS, hereinafter called "OWNER", whose address is 2630 East Franklin Road, Meridian, Idaho 83642, and HOPKlNS FINANCIAL SERVICES, INC., hereinafter called "DEVELOPER", whose address is 111 Auto Drive, Suite 105, Boise, Idaho 83709. 1. RECITALS: 1.1 1.2 1.3 1.4 1.5 WHEREAS, "Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and WHEREAS, LC. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" or "Developer" make a written commitment concerning the use or development of the subject "Property"; and WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and WHEREAS, "Owner" and "Developer" have submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-40) High Density Residential District, (C-N) Neighborhood Business District, and (C-G) General Retail and Service Commercial District, (Municipal Code of the City of Meridian); and WHEREAS, "Owner" and "Developer" made representations at the public hearings both before the Meridian Planning & Zoning DEVELOPMENT AGREEMENT (AZ-O2-011) - 1 1.6 1.7 1.8 1.9 Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of govemment subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and WHEREAS, City Council, the / ~ day of f!}cb~ 2002, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and WHEREAS, the "Findings" require the "Owner" and "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and "OWNER" and "DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions ofthis development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation :ITom government subdivisions providing services within the planning jurisdiction and :ITom affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4,1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. DEVELOPMENT AGREEMENT (AZ-O2-011) - 2 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context ofthe presentation of the same requires otherwise: 3.1 3.2 3.3 3.4 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue oflaw of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. "OWNER": means and refers to William Curtis, whose address is 2630 East Franklin Road, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) ofthe "Property". "DEVELOPER": means and refers to Hopkins Financial Services, Inc., whose address is 111 Auto Drive, Suite 105, Boise, Idaho 83709, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", 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 (Po Ho K) which are herein specified as follows: DEVELOPMENT AGREEMENT (AZ-O2-011) - 3 Construction and development of the 24.89 acres asfollows: The northernmost 9.10 acres as R-40; the 1.74 acres as CoN, and the remaining 13. 79 acres, adjacent to Fairview Avenue as CoG, with the intent to develop and construct a 192-unit apartment complex for the proposed northern 9.10 acres. The applicant proposes that the southern portion be developed as a commercial building site, including a fast-food establishment, two banks, three commercial buildings, and an office building. Development shall be consistent with the Meridian Comprehensive Plan Generalized Lane Use Map which designates the property as Existing Urban, and go through the planned development process and as conditional uses. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner" and "Developer" are required to submit to "City" an application for conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: A. "Owner" and "Developer" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Remove any existing domestic wells and/or septic systems within this project :ITom their domestic service per City Ordinance. 2. Applicant shall enter into a Development Agreement prior to annexation. The Development Agreement shall restrict the uses allowed within the C- Nand CoG zones of this annexation to those uses proposed in the Fairview Lakes Planned Development Application. No drive-thru facilities shall be permitted in the CoN zone. 3. The recordation of the final plat shall be required, including dedication and DEVELOPMENT AGREEMENT (AZ-O2-011) - 4 B. construction of improvements associated with the new street right-of-way, prior to the issuance of any Certificate of Occupancy for any buildings within the apartment complex. Adopt the Recommendations of the ACHD as follows: 1. Dedicate60 feet of right-of -way ITom the centerline of Fairview Avenue abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The Owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the Owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct a 5 foot concrete sidewalk on Fairview Avenue located 2 feet within the new right of way. Ifthe sidewalk meanders, the sidewalk shall meander outside ofthe right-of-way and the applicant shall provide an easement for the sidewalk. 3. Construct and install the signal and any related roadway improvements that are necessary for the proposed signal at the intersection of Fairview Avenue and the commercial/industrial roadway that extends north into the site. 4. Construct a commercial/industrial roadway that intersects with Fairview Avenue 310 feet east of the west property line, as proposed. 5. Construct the internal roadways as 40 foot street sections with curb, gutter, and 5 foot concrete sidewalk within 54 feet of right-of-way, as proposed. The portion of the commercial/industrial roadway that connects to Teare Avenue shall taper appropriately to accommodate for drainage. 6. Construct a 30 foot wide driveway to intersect Fairview Avenue approximately 240 feet west of the east property line, as proposed. 7. Construct a 30 foot wide driveway to intersect the commercial/industrial DEVELOPMENT AGREEMENT (AZ-O2-011) - 5 8. 9. lO. 11. 12. 13. roadway a minimum of 50 feet north ofFairview Avenue, as proposed. Construct two 25 foot wide driveways to intersect the commercial/industrial roadway approximately 195 feet north ofFairview Avenue, as proposed. These driveways shall align with one another. Construct a 22 foot wide driveway to intersect the commercial/industrial roadway approximately 345 feet north ofFairview Avenue, as proposed. Construct a 22 foot driveway to intersect the commercial/industrial roadway that extends north ITom Fairview Avenue approximately 580 feet north of Fairview Avenue, as proposed. Construct a 35 foot wide driveway to extend directly north of the commercial/industrial roadway and proposed to intersect the northern portion ofthe cul-de-sac, as proposed. Construct a 25 foot driveway to intersect the commercial/industrial roadway that extends ITom Fairview Avenue north and is proposed to be located 50 feet north of the commercial/industrial roadway that runs east and west, as proposed. Construct two 30 foot wide driveways to intersect the commercial/ industrial roadway that runs east and west and is proposed to be located approximately 160 feet east of the commercial/industrial roadway that extends ftom Fairview Avenue to the north, as proposed. 14. Pave the driveway its full width and at least 30 feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 foot radii abutting the existing roadway edge. l5. Extend Teare Avenue as a 40 foot street section with curb, gutter and 5 foot concrete sidewalk within 54 feet of right-of-way, as proposed. 16. Terminate Clarene Street at its current location and construct bollards for emergency access only, as proposed. 17. Construct a cul-de-sac tumaround at the north end of the commercial/ industrial roadway that extends north ITom Fairview Avenue. The cul-de- sac turnaround shall be constructed to provide a minimum turning radius of 55 feet. DEVELOPMENT AGREEMENT (AZ-O2-011) -6 c. 18. Comply with all Standard Conditions of Approval. Adopt the recommendations of the Meridian Fire Department as follows: 1. That a fife flow consistent with Appendix ill-A of the Uniform Fire Code be provided to service the entire project. Please show all proximity hydrants within 500' of the project on the resubmitted plat. 2. All entrances and internal roads shall have corners with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of the water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. 7. Provide an approved tumaround for any street which exceeds 150' in length as a result of the phasing of the project. 8. The proposed 192-unit subdivision will have an unknown transient population and will have an unknown impact on Meridian Fire Department requests for service. According to a.report completed by Fire & Emergency Services Consulting Group in February of 2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, which is up ITom 2069 responses in the year 2000. 9. All building uses and occupancies shall have to meet the separation requirements of the Uniform Building Code. DEVELOPMENT AGREEMENT (AZ-O2-011) -7 D. Adopt the recommendations of Meridian Parks and Recreation as follows: 1. The landscape buffer that runs along the eastern side of the entrance road ITom Fairview Avenue should be a minimum or 20' in width. This will allow the 10' wide hard surface path to meander within the buffer. 2. The building adjacent to the northern boundary of the Jackson Drain needs to be moved to the north to allow for a 20' landscape buffer and pathway. E. Adopt the recommendations of the N ampa & Meridian Irrigation District as follows: 1. A Land Use Change/Site application shall be filed. 2. It the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the District, contact the District. Fill out and return a questionnaire to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance ofthe pressure urban irrigation system. F. Adopt the action of the City Council from their Tuesday, September 17, 2002 meeting as follows: 1. The applicant shall provide a 30 foot landscape buffer along the east side of the apartment complex, which is a 20 foot landscape buffer, with a 10 foot pathway running through it. 2. That traffic bollards shall be placed at the south end of Teare so that it is accessible by pedestrians. 3. The applicant shall provide buffering along south side of the Smith property, which is in the most southerly lot in the existing residential subdivision. A 10 foot wide buffer strip will presently be provided, but the adjacent property would like to see this buffer increased, and therefore, the applicant shall work with the property owner for clarification on the buffering. 4. The applicant shall have to apply for a Miscellaneous Application to allow the north-south street coming off of Fairview into the project to be approved as a private street by Council, until such time as the area is DEVELOPMENT AGREEMENT (AZ-O2-011) -8 platted and upon platting would then become public right-of-way, which Miscellaneous Application is to be heard at the Council meeting to be held on October l, 2002. 7. COMPLIANCE PERIOD! CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default ofthe "Owner" and "Developer" or "Owner" and "Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" ofthis 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. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" and "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: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and "Developer" and if the "Owner" and "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner" and "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner" and "Developer", "Owner" and "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 ofthe terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the DEVELOPMENT AGREEMENT (AZ-O2-011) - 9 10.2 "City" upon compliance with the requirements of the Zoning Ordinance. A waiver by "City" of any default by "Owner" and "Developer" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner" and "Developer's" cost, and submit proof of such recording to "Owners" and "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 ofthe "Property" contemplated hereby, the "city" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner" and "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" 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 ofthe same with diligence and continuity. DEVELOPMENT AGREEMENT (AZ-O2-011) - 10 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation ofthe improvements, which the "Owner" and "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner" and "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and "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 ofthe City of Meridian. l7. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER: c/o City Engineer City of Meridian 660 E. Watertower, Suite 200 Meridian, ill 83642 William Curtis 2630 East Franklin Road Meridian, Idaho 83642 DEVELOPMENT AGREEMENT (AZ-O2-011) - 11 with copy to: DEVELOPER: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Hopkins Financial Services, Inc. 111 Auto Drive, Suite 105 Boise, Idaho 83709 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as maybe granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture ofthis Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner" and "Developer", to execute appropriate and recordable evidence oftermination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" and "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised ftom this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. DEVELOPMENT AGREEMENT (AZ-O2-011) - 12 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval ofthe City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-O2-011) - 13 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER: '-~~z~~~ William Curtis HOPKINS FINANCIAL SERVICES, INC., DEVELOPER fJJJb - f",.JJ:- BY: Attest: BY: ~. CITY OF MERIDIAN Attest: DEVELOPMENT AGREEMENT (~-O2-011) - 14 STATE OF IDAHO) :ss COUNTY OF ADA ) On this ~, in the year 2002, before me, ~ a Notary Public, personally appeared William Curtis, known 0 identified to me to be the person who executed the instrument and acknowledged to me that he executed the same. ,'~~~\RII1 "~~:"" ~ ~ ¡? ~'~.....t:............"'~"'" ~ /)~ lq;¡..,.~ D '., ~~ ~. ff ~ fQ: /.> \ u. ~ No~'"Fû6lic forJdaho, /I il =:::> ¡<r CC Š 0 = ResIding at: ~~qk ~~ce. \ron':::;;¡/t..¡g Commission expires: O!-ø.;).-(Jj' -::. þ """",N 'I...' ;- J '" 'Ý.( """""." r:,,~ ", "'",O'\1ll1 """ 'll/jlll""'" (SEAL) STATE OF IDAHO) :ss COUNTY OF ADA ) On this 29..J. day of a-j,r , in the year 2002, before me, 5.f-n ){'.. t6.'1Jk'" a Notary Public, personally appeared ~ to -:e t~:~e'"'" fie's,':~ ------ and ' known or ./ of Hopkins Financial Services, Inc., and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said Hopkins Financial Services, Inc.. (SEAL) ~ for Idaho Residing at:..&.1~ -~ Commission expires: 7///ð~ DEVELOPMENT AGREEMENT (AZ-O2-011) - 15 STATE OF IDAHO) :ss County of Ada On this JIP -\Á"- day of 1'Lov twtJruu , in the year 2002, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, Jr. , known or identified to me to be the Mayor and Clerk, respectively, ofthe City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. .---iiš.-. ~. Q----.~.. .. /O't~t'~.. Çh - '.:tf. . '. ty \ : cu1IJÝ/Snu-ff~ ~ \ J : Notary Publicforldaho ... ~.~\<1/.:.ø.-- Commission expires: 1- 2 ~-o5 ..~7i'óf~f'.. --....-- (SEAL) ZùWork\M\Meridian\Meridlan 15360M\FAIRVIEW LAKES AZO2-Øll CUPO2-014\DevelopAgr.doc DEVELOPMENT AGREEMENT (AZ-O2-011) - 16 . \. EXHIBIT A Lel!al Descriotion Of Prooertv R-40 A parcel of land located in the Southwest Y. of the Southeast Y. of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southwest corner of said Southwest Y. of the Southeast Y. of Section 6, T.3N., R.1E., B.M.; thence North 00°20'01" East a distance of50.01 feet along the Westerly boundary of said Southwest Y. of the Southeast Y. to a point on the Northerly right-of-way line ofFairview Avenue (U.S. Hwy 30); thence leaving said Northerly right-of-way line North 00°20'01" East a distance of 656.12 feet along said Westerly boundary to the REAL POINT OF BEGINNING; thence continuing North 00°20'01" East a distance of 595.00 feet to a point on the Northerly boundary ofthe Southwest Y. of the Southeast Y. of Section 6; thence South 89°53'08" East a distance of666.99 feet along said Northerly boundary; thence leaving said Northerly boundary South 00°23'27" West a distance of593.67 feet; thence North 90°00'00" West a distance of 666.40 feet to the POINT OF BEGINNING. Said parcel contains 396,236 square feet or 9.10 acres, more or less. CoN A parcel of land located in the Southwest Y. of the Southeast Y. of Section 6, Township 3 North Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southwest comer of said Southwest Y. of the Southeast Y. of Section 6, T.3N., R.IE, B.M.; thence North 89°11'07" East, 188.30 feet along the centerline ofFairview Avenue (U.S. Hwy. 30) to a point of curvature; thence continuing along said centerline, 148.02 feet along the arc of a curve to the right, said curve having a radius of 55966.02 feet, a central angle of 00°09'06", and a chord bearing of South 89°15'40" East, l48.02 feet to a point; thence leaving said centerline, North 00°00'00" West, 486.36 feet to the TRUE POINT OF BEGINNING; thence continuing North 00°00'00" DEVELOPMENT AGREEMENT (AZ-O2-011) - 17 , '-, . West, 215.19 feet to a point; thence North 90°00'00" East, 334.22 feet to a point; thence South 00°23'27" West, 176.77 feet to a point; thence South 89°05'22" East, 122.97 feet to a point of curvature; thence 62.10 feet along the arc of a curve to the right, a radius of 45.00 feet, and a central angle of 79°04'23", and a chord bearing South 50°27'49" West, 57.29 feet to a point of tangency; thence South 90°00'00" West, 411.79 feet to the POINT OF BEGINNING. Said parcel contains 75,970 sq. ft., or 1.74 acres more or less. CoG A parcel of land located in the Southwest Y. of the Southeast Y. of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Beginning at the Southwest corner of said Southwest Y. of the Southeast Y. of Section 6, T.3N., R.1E., B.M.; thence North 00°20'01" East a distance of706.13 feet along the Westerly boundary of said Southwest Y. ofthe Southeast Y.; thence leaving said Westerly boundary line South 90°00'00" East a distance of332.18 feet; thence South 00°00'00" East a distance of 215.19 feet; thence North 90°00'00" East a distance of 411. 79 feet; thence 62.10 feet along the arc of a curve to the left, a radius of 45.00 feet, a central angle of 79°04'23", and a chord bearing North 50°27'49" East, 57.29 feet; South 89°05'22" East a distance of 280.76 feet; thence South 00°11 '07" West a distance of 463.26 feet to a point on the Northerly right-of-way line of Fairview Avenue (U.S. Hwy 30); thence along said right-of-way line, South 78°45'39" West a distance of7.22 feet to a point; thence leaving said Northerly right-of-way line, South 00°23'20" West a distance of 50.00 feet to a point on the center line ofFairview Avenue (U.S. Hwy 30); thence 875.86 feet along the arc of a curve to the left, with a radius of 55966.02, a central angle of 00°53'48" and a chord bearing South 89°38'01" West, 875.80 feet; thence South 89°11'07" West a distance of 188.30 feet to the POINT OF BEGINNING. Said parcel contains 600,774 square feet or 13.79 acres, more or less. DEVELOPMENT AGREEMENT (AZ-O2-O11) - 18 " ~ EXHIBIT B Findinl!:s of Fact and Conclusions of Law/Conditions of AIJProval DEVELOPMENT AGREEMENT(AZ-O2-011)-19 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF HOPKINS FINANCIAL SERVICES, THE APPLICATION FOR ANNEXATION AND ZONING OF 24.89 ACRES FOR PROPOSED FAIRVIEW LAKES, LOCATED ON THE NORTH SIDE OF FAIRVIEW AVENUE, APPROXIMATELY 1/3 MILE WEST OF LOCUST GROVE ROAD, MERIDIAN, IDAHO C/C 09-17-02 ) ) ) ) ) ) ) ) ) ) ) CASE NO. AZ-O2-011 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 September 17, 2002, at the hour of7:00 p.m., and Steve Siddowayofthe Planning and Zoning Department, and Doug Tamura, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensivè Plan of the City of Meridian adopted December 21, 1993, Ordinance No. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/FAIRVIEW LAKES (AZ-O2-011) -Page 1 629, January 4,1994, 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, and is approximately 24.89 acres in size, is located on the north side ofFairview Avenue, approximately 1/3 mile west of Locust Grove Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is William Curtis, 2630 E. Franklin Road, Meridian, Idaho; and the applicant is Hopkins Financial Services, Inc., 111 Auto Drive, Suite l05, Boise, Idaho. 5. The property is presently zoned by Ada County as RUT, and consists of vacant land. 6. The Applicant requests the property be zoned as follows: the northernmost 9.10 acres as R-40, 1.74 acres as CoN, and the remaining 13.79 acres, adjacent to Fairview Avenue as CoG, with the intent to develop and construct a In-unit apartment complex is proposed for the northern 9.10 acres. The applicant proposes that the southern portion be developed as a commercial building site including a fast-food establishment, two banks, three commercial buildings, and an office building, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 7. The subject property is bordered to the north by the Meridian Place Subdivision and Willows Subdivision, to the south by a Daewoo Automobile Dealer and Ultra Touch Car Wash/Fuel Station across Fairview Avenue ITom the site, to the east by Settler's Village Subdivision and Dirty Harry's Car Wash, and to the west by Fairview Terrace Mobile Estates and an office/restaurant complex. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-O2-011) -Page 2 8. The City of Meridian Parks and Recreation Department believes that the partial piping/tiling and relocation of the Jackson Drain as proposed by the applicant may result in the partial loss and destruction of a natural and scenic feature of major importance. 9. The City Council recognizes the concerns of Wendel Bigham of Joint School District No.2 expressed in his letter of May 8,2002. 10. Giving due consideration to the comments received ITom the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: B. 1. Remove any existing domestic wells and/or septic systems within this project ITom their domestic service per City Ordinance. 2. Applicant shall enter into a Development Agreement prior to annexation. The Development Agreement shall restrict the uses allowed within the CoN and CoG zones of this annexation to those uses proposed in the Fairview Lakes Planned Development Application. No drive-thm facilities shall be permitted in the CoN zone. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 60 feet of right-of -way from the centerline of Fairview Avenue abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required pennits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The Owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the Owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/FAIRVIEW LAKES (AZ-O2-011) -Page 3 2. Construct a 5 foot concrete sidewalk on Fairview Avenue located 2 feet within the new right of way. If the sidewalk meanders, the sidewalk shall meander outside of the right-of-way and the applicant shall provide an easement for the sidewalk. 3. Construct and install the signal and any related roadway improvements that are necessary for the proposed signal at the intersection of Fairview A venue and the commercial/industrial roadway that extends north into the site. 4. Construct a commercial/industrial roadway that intersects with Fairview Avenue 310 feet east of the west property line, as proposed. 5. Construct the internal roadways as 40 foot street sections with curb, gutter, and 5 foot concrete sidewalk within 54 feet of right-of-way, as proposed. The portion of the commercial/industrial roadway that connects to Teare Avenue shall taper appropriately to accommodate for drainage. 6. Construct a 30 foot wide driveway to intersect Fairview Avenue approximately 240 feet west of the east property line, as proposed. 7. Construct a 30 foot wide driveway to intersect the commercial/industrial roadway a minimum of 50 feet north ofFairview Avenue, as proposed. 8. Construct two 25 foot wide driveways to intersect the commercial/industrial roadway approximately 195 feet north of Fairview Avenue, as proposed. These driveways shall align with one another. 9. Construct a 22 foot wide driveway to intersect the commercial/industrial roadway approximately 345 feet north ofFairview Avenue, as proposed. 10. Construct a 22 foot driveway to intersect the commercial/industrial roadway that extends north from Fairview Avenue approximately 580 feet north ofFairview Avenue, as proposed. 11. Construct a 35 foot wide driveway to extend directly north of the commercial/industrial roadway and proposed to intersect the northern portion of the cul-de-sac, as proposed. 12. Construct a 25 foot driveway to intersect the commercial/industrial roadway that extends from Fairview Avenue north and is proposed to be located 50 feet north of the commercial/industrial roadway that runs east and west, as proposed. 13. Construct two 30 foot wide driveways to intersect the commercial/ industrial roadway that runs east and west and is proposed to be located approximately 160 feet east of the commercial/industrial roadway that extends from Fairview Avenue FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/FAIRVIEW LAKES (AZ-O2-011) -Page4 to the north, as proposed. 14. Pave the driveway its full width and at least 30 feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 foot radii abutting the existing roadway edge. 15. Extend Teare Avenue as a 40 foot street section with curb, gutter and 5 foot concrete sidewalk within 54 feet of right-of-way, as proposed. 16. Terminate Clarene Street at its current location and construct bollards for emergency access only, as proposed. 17. Construct a cul-de-sac turnaround at the north end of the commercial/ industrial roadway that extends north ITom Fairview Avenue. The cul-de-sac turnaround shall be constructed to provide a minimum turning radius of 55 feet. 18. Comply with all Standard Conditions of Approval. c. Adopt the recommendations of the Meridian Fire Department as follows: 2. 3. 4. 5. 6. 7. 8. 1. That a fire flow consistent with Appendix ill-A of the Uniform Fire Code be provided to service the entire project. Please show all proximity hydrants within 500' of the project on the resubmitted plat. All entrances and internal roads shall have corners with a minimum of a 28' inside radius and 48' outside radius. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. Acceptance of the water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. Provide an approved turnaround for any street which exceeds 150' in length as a result of the phasing of the project. The proposed 192-unit subdivision will have an unknown transient population and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-O2-011) - PageS D. will have an unknown impact on Meridian Fire Department requests for service. According to a report completed by Fin: & Emergency Services Consulting Group in February of2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, which is up from 2069 responses in the year 2000. 9. All building uses and occupancies shall have to meet the separation requirements of the Uniform Building Code. Adopt the recommendations of Meridian Parks and Recreation as follows: 1. The landscape buffer that runs along the eastern side of the entrance road from Fairview Avenue should be a minimum or 20' in width. This will allow the 10' wide hard surface path to meander within the buffer. The building adjacent to the northem boundary of the Jackson Drain needs to be moved to the north to allow for a 20' landscape buffer and pathway. 2. E. Adopt the recommendations of the Nampa & Meridian Irrigation District as follows: 1. A Land Use Change / Site application shall be filed. 2. It the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the District, contact the District. Fill out and return a questionnaire to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance of the pressure urban irrigation system. F. Adopt the action of the City Council from their Tuesday, September 17, 2002 meeting as follows: 1. The applicant shall provide a 30 foot landscape buffer along the east side of the apartment complex, which is a 20 foot landscape buffer, with a 10 foot pathway rulJI!Ïng through it. 2. That traffic bollards shall be placed at the south end of Teare so that it is accessible by pedestrians. 3. The applicant shall provide buffering along south side of the Smith property, which is in the most southerly lot in the existing residential subdivision. A 10 foot wide buffer strip will presently be provided, but the adjacent property would like to see this buffer increased, and therefore, the applicant shall work with the property owner for clarification on the buffering. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/FAIRVIEW LAKES (AZ-O2-011) -Page 6 4. The applicant shall have to apply for a Miscellaneous Application to allow the north-south street coming off of Fairview into the project to be approved as a private street by Council, until such time as the area is platted and upon platting would then become public right-of-way, which Miscellaneous Application is to be heard at the Council meeting to be held on October 1,2002. 11. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 10, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 12. It is also found that the development considerations as referenced in Finding No. 10 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is hannonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 13. It is found that the zoning of the subject real property as High Density Residential District (R-40), Neighborhood Business District (C-N), and General Retail And Service Commercial District (C-G), requires conneétion to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing Urban. 14. The subject annexation request and zoning designation and proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/F AIR VIEW LAKES (AZ-O2-0 11) - Page 7 development relates to and is compatible with the goals and policies of the Comprehensive Plan of the City as follows: Goals Section: Goal 3, Goal 4, Goal 8, and Goal 9 Economic Development: 1.1,1.3,1.5, 3.1U, and 3.2U Land Use: 1.10U, 2.1U, 2.4U, 3.7, 4.3U, 5.9, 5.12,5.13, 5.14 Natural Resource & Hazardous Areas: 2.1U, 3.1U, 3.2U CommunitY Desil!n: 1.3, 1.4, 2.1U, 2.3U, 6.2U, 6.11U Transportation Chapter: 1.19U, 1.14, 1.18 15. It is found that the requested zoning designations, R-40 on the northern nine acres and CoN and CoG on the southern 15 acres, are harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which designates the land as "Existing Urban". 16. It is not anticipated that the land to be annexed will be rezoned in the future. 17. It is found that the property will be developed in a manner consistent with the new zoning and/or consistent with allowable Planned Development uses. 18. It is found that there has been no major change in the area that would dictate how the property should develop in the future. It is also found that the location of the property adjacent to Fairview Avenue dictates that commercial and high-density uses be considered for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIF AIRVIEW LAKES (AZ-O2-O11) -Page 8 the site. 19. It is found that the general vicinity provides a mix of commercial uses, standard residential lots, apartments and mobile homes. The intended character of the vicinity, as noted on the Generalized Lane Use Map, is "Existing Urban". It is also found that the proposed commercial, office and high-density residential uses can be harmonious with and appropriate in appearance with the general vicinity's existing and intended character. 20. It is not anticipated that the proposed uses will be hazardous to future or existing neighbors. Buffering for the southern most lot in the residential subdivision shall be provided by the applicant. 21. It is found that the subject property will be served adequately by all essential public facilities and services such as fire, police, water, sewer and refuse disposal. Sanitary sewer and water service to this site shall be via extensions ITom existing mains installed in adjacent developments. Water service to this development is contingent upon positive results ftom a hydraulic analysis by computer model. Also, due to the size of the landscape area, primary water supply connection to the City's mains will not be allowed. Presently, the applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. The City of Meridian requires that the pressurized irrigation systems be supplied by a year-round source of water. ACHD has determined that the street system is adequate or can be made to be adequate to serve the proposed development. ACHD is requiring the internal streets within Fairview Lakes to be dedicated as public right-of-way due to the fact that they are extending a public roadway (Teare Avenue) within the project (ACHD does not allow two public streets to be connected by a private FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/FAIRVIEW LAKES (AZ-O2-011) - Page 9 street.), as well as constructing a half-mile traffic signal. ACHD has also approved a turnaround on Clarene Street that is to be deeded to ACHD. Meridian City Code requires all dedication of public streets to be accomplished through the subdivision process. Therefore, a preliminary plat and final plat will need to be submitted and approved prior to the issuance of occupancy permits or the dedication of any roadways within the development. ACHD has submitted comments concerning additional required roadway improvements for this project. 22. It is found that there will not be excessive additional requirements at public cost for public facilities and services and that the annexation and zoning will not be detrimental to the community's economic welfare. 23. It is found that the proposed uses will create additional traffic on Fairview Avenue; however, it is not believed that the increase in traffic will be excessive. It is also not anticipated that the proposed development will generate traffic, noise, smoke, odors or other nuisances that would be detrimental to the general welfare of the surrounding area. 24. It is found that the proposed vehicular approaches on Fairview Avenue will be designed to limit the amount of interference the proposed project will create. The applicant has proposed installing a traffic light on the western approach to help move traffic into and out of the proposed development. The applicant's proposal to extend the Teare Avenue stub street into the development is supported, it is not supported that the placement ofbollards be placed at this location. There is no objection to the "emergency only" access to Clarene Street, provided that all emergency services agencies approve of the design and location of the emergency turnaround. 25. The City of Meridian Parks and Recreation Department believes that the partial piping/tiling and relocation of the Jackson Drain as proposed by the applicant will result in the FINDIN'GS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTIN'G APPLICATION FOR ANNEXA nON AND ZONINGIF AIR VJEW LAKES (AZ-02-0 11) . Page 10 partial destruction and loss of a natural and scenic feature of major importance. Meridian City Code 12-4-S.B pertains to the preservation of existing natural features, and it is found that the applicant has incorporated the Jackson Drain into design of the project and has provided a multiple use pathway along its banks as shown in the City's Comprehensive Plan. The applicant is proposing a pathway along the Jackson Drain. However, the pathway design does not match the topographic contours of a previously submitted preliminary plat on this property. It appears that much of the pathway shown would be located below the top of bank along the Jackson Drain. The drain continues to the northwest through Raleigh Hawe's currently undeveloped parcel and then connects with a City-owned pathway in Fothergil Subdivision on Meridian Road. This section of pathway along the Jackson Drain will be a critical link to provide a continuous public pedestrian corridor from Linder Road at Tulley Park, across Meridian Road and through Fothergil Subdivision southeast to Locust Grove Road. 26. It is also found that the annexation of this property would be in the best interest of the City. The project will provide new high-density housing, additional employment opportunities and the creation of additional recreation facilities (pathway). Moreover, the annexation will eliminate an existing county enclave and add to the City's tax base. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONJNGIFAIRVIEW LAKES (AZ-O2-011) - Page 11 Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals Section: Goal 3, Goal 4, Goal 8, and Goal 9 Economic Development: 1.1,1.3, 1.5, 3.1U, and 3.2U Land Use: 1.10U, 2.1U, 2.4U, 3.7, 4.3U, 5.9, 5.12,5.13, 5.14 Natural Resource & Hazardons Areas: 2.1U, 3.10, 3.2U Community DesÏl!D: 1.3,1.4, 2.1U, 2.3U, 6.2U, 6.11U Transportation Chapter: U9U, 1.14, 1.18 5. The zoning of High Density Residential District (R-40), Neighborhood Business District (C-N), and General Retail And Service Commercial District (C-G), are defined in the Zoning Ordinance at § 11-7-2F, H, and K as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-O2-011) - Page 12 (R-40) Hi!!h Densitv Residential District: The purpose of the R-40 District is to permit the establishment of high density residential uses at a density not exceeding forty (40) dwelling units per acre. Connection to the Municipal water and sewer systems of the City is required. (C-N) Nei!!hborhood Business District: The purpose of the CoN District is to permit the establishment of small scale convenience business uses which are intended to meet the daily needs of the residents of an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan); to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into the adjoining residential districts. All such districts shall give direct access to transportation arterial or collectors, be connected to the Municipal water and sewer systems of the City, and shall not constitute all or any part of a strip development concept. (C-G) General Retail And Service Commercial District: The purpose of the CoG District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be coIinected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt lis. The City ofIdaho Falls. l05 Idaho 65, 665 P2d 1075 (1983). 8. 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. 9. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement. DECISION A1~D ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-O2-011) - Page 13 NOW, THEREFORE, BASED UPON THE ABOVE Ál'l> FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 24.89 acres in size to High Density Residential District (R-40), Neighborhood Business District (C-N), and General Retail And Service Commercial District (R-40), is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of24.89 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Remove any existing domestic wells and/ór septic systems within this project tTom their domestic service per City Ordinance. 2. Applicant shall enter into a Development Agreement prior to annexation. The Development Agreement shall restrict the uses allowed within the CoN and CoG zones of this annexation to those uses proposed in the Fairview Lakes Planned Development Application. No drive-thm facilities shall be permitted in the CoN zone. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/FAIRV1EW LAKES (AZ-O2-011) - Page 14 B. 9. Adopt the Recommendations ofthe ACHD as follows: 1. Dedicate 60 feet of right-of -way ITom the centerline of Fairview Avenue abutting the parcel by means of a warranty deed. The right-ot:way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The Owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the Owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 2. Construct a 5 foot concrete sidewalk on Fairview Avenue located 2 feet within the new right of way. If the sidewalk meanders, the sidewalk shall meander outside of the right-of-way and the applicant shall provide an easement for the sidewalk. 3. Construct and install the signal and any related roadway improvements that are necessary for the proposed signal at the intersection ofFairview Avenue and the commercial/industrial roadway that extends north into the site. 4. Construct a commercial/industrial roadway that intersects with Fairview Avenue 310 feet east of the west property line, as proposed. 5. Construct the internal roadways as 40 foot street sections with curb, gutter, and 5 foot concrete sidewalk within 54 feet of right-of-way, as proposed. The portion of the commercial/industrial roadway that connects to Teare Avenue shall taper appropriately to accommodate for drainage. 6. Construct a 30 foot wide driveway to intersect Fairview Avenue approximately 240 feet west of the east property line, as proposed. 7. Construct a 30 foot wide driveway to intersect the commercial/industrial roadway a minimum of 50 feet north ofFairview Avenue, as proposed. 8. Construct two 25 foot wide driveways to intersect the commercial/industrial roadway approximately 195 feet north ofFairview Avenue, as proposed. These driveways shall align with one another. Construct a 22 foot wide driveway to intersect the commercial/industrial roadway approximately 345 feet north ofFairview Avenue, as proposed. 10. Construct a 22 foot driveway to intersect the commercial/industrial roadway that FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/F AIRVIEW LAKES (AZ-O2-0 11) - Page 15 17. 18. extends north ITom Fairview Avenue approximately 580 feet north ofFairview Avenue, as proposed. 11. Construct a 35 foot wide driveway to extend directly north of the commercial/industrial roadway and proposed to intersect the northern portion of the cul-de-sac, as proposed. l2. Construct a 25 foot driveway to intersect the commercial/industrial roadway that extends ITom Fairview A venue north and is proposed to be located 50 feet north of the commercial/industrial roadway that runs east and west, as proposed. 13. Construct two 30 foot wide driveways to intersect the commercial/ industrial roadway that runs east and west and is proposed to be located approximately 160 feet east of the commercial/industrial roadway that extends from Fairview Avenue to the north, as proposed. 14. Pave the driveway its full width and at least 30 feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 foot radii abutting the existing roadway edge. 15. Extend Teare Avenue as a 40 foot street section with curb, gutter and 5 foot concrete sidewalk within 54 feet of right-of-way, as proposed. 16. Terminate Clarene Street at its current location and construct bollards for emergency access only, as proposed. Construct a cul-de-sac turnaround at the north end of the commercial/ industrial roadway that extends north from Fairview Avenue. The cul-de-sac turnaround shall be constructed to provide a minimum taming radius of 55 feet. Comply with all Standard Conditions of Approval. c. Adopt the recommendations of the Meridian Fire Department as follows: 1. 2. 3. That a fIre flow consistent with Appendix ill-A of the Uniform Fire Code be provided to service the entire project. Please show all proximity hydrants within 500' of the project on the resubmitted plat. All entrances and internal roads shall have corners with a minimum of a 28' inside radius and 48' outside radius. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/F AlRVIEW LAKES (AZ-O2-0 11) - Page 16 D. 4. Acceptance of the water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any building more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. 7. Provide an approved turnarolU1d for any street which exceeds 150' in length as a result of the phasing of the project. 8. The proposed I 92-unit subdivision will have an unknown transient population and will have an unknown impact on Meridian Fire Department requests for service. According to a report completed by Fire & Emergency Services Consulting Group in February of2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, which is up from 2069 responses in the year 2000. 9. All building uses and occupancies shall have to meet the separation requirements of the Uniform Building Code. Adopt the recommendations of Meridian Parks and Recreation as follows: 1. The landscape buffer that runs along the eastern side of the entrance road from Fairview Avenue should be a minimum or 20' in width. This will allow the 10' wide hard surface path to meander within the buffer. The building adjacent to the northern boundary of the Jackson Drain needs to be moved to the north to allow for a 20' landscape buffer and pathway. 2. E. Adopt the recommendations of the Nampa & Meridian Irrigation District as follows: F. 3. A Land Use Change / Site application shall be filed. 4. It the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the District, contact the District. Fill out and return a questionnaire to initiate the process of contractual agreements between the owner or developer and the District for the ownership, operation and maintenance ofthe pressure urban irrigation system. Adopt the action of the City Council from their Tuesday, September 17, 2002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIFAIRVIEW LAKES (AZ-O2-011) -Pagel? meeting as follows: 5. The applicant shall provide a 30 foot landscape buffer along the east side of the apartment complex, which is a 20 foot landscape buffer, with a 10 foot pathway running through it. 6. That traffic bollards shall be placed at the south end of Teare so that it is accessible by pedestrians. 7. The applicant shall provide buffering along south side of the Smith property, which is in the most southerly lot in the existing residential subdivision. A 10 foot wide buffer strip will presently be provided, but the adj acent property would like to see this buffer increased, and therefore, the applicant shall work with the property owner for clarification on the buffering. 8. The applicant shall have to apply for a Miscellaneous Application to allow the north-south street coming off of Fairview into the project to be approved as a private street by Council, until such time as the area is platted and upon platting would then become public right-of-way, which Miscellaneous Application is to be heard at the Council meeting to be held on October 1, 2002. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-40) High Density Residential District, (C-N) Neighborhood Business District, and (C-G) General Retail And Service Commercial, and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNGIFAlRVIEW LAKES (AZ-O2-O11) - Page 18 which may be adversely affected by the issuance or denial of the annexation and zoning and who 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 IS? day of {} ch be~ ,2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED $IL.- VOTED$tt- COUNCILWOMAN TAMMY deWEERD COUNCIL WOMAN CHERIE Mc CANDLESS VOTED-fJ?-~ VOTED $4- COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: / f) - / -- ¿J 2- - VOTED- MOTION: APPROVF~ Dl£APPROVED:- FINDINGS OF F ACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIF AIR VIEW LAKES (AZ-O2-0 11) Z:\Work\MIMeridian\Meridian IS360MIFAIRVIEW L'.KES AZO2.oli CUPO2.oÌ4IAZFfCl&Order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/FAIRVIEW LAKES (AZ-02-011) - Page 20 Meridian Citv Council Meetina November 26. 2002 The Regular Meeting of the Meridian City Council was called to order at 7:05 P.M., on Tuesday, November 26, 2002, by Mayor Robert D. Corrie. Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, and Cherie McCandless. Members Absent: William Nary. Others Present: Bill Nichols, Brad Hawkins-Clark, Brad Watson, Ken Bowers, Gary Smith, Mike Worley, Dean Willis and Will Berg. Item 1. Roll-call Attendance: .....x..... Tammy de Weerd .....x..... Bill Nary .....x..... Cherie McCandless .....x..... Keith Bird .....x..... Mayor Robert Corrie Corrie: Okay I would like to open the Meridian City Council Regular Meeting on Tuesday, November 26, 2002, at 7:00 P.M. At this time, I would like to have the City Clerk give the roll call attendance, please. Item 2. Adoption of the Agenda: Corrie: Mr. Nary will join us probably in about another 45 minutes. Item Number 2 is the adoption of the agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the adoption of the agenda as published. De Weerd: Second. Corrie: Okay. Motion has been made and seconded to adopt the agenda as published any further discussion? Hearing none, all those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3. Consent Agenda: A. Approve minutes of November 12, 2002 City Council Regular Meeting: Meridian City Council November 26, 2002 Page2of21 C. G. B. Findings of Fact and Conclusions of Law for Approval: CUP 02.025 Request for a Conditional Use Permit for a wireless communications facility consisting of a 125 foot monopole and supporting equipment in an I-L zone for Verizon Wireless by Mericom Corporation - 3735 North Ten Mile Road: Findings of Fact and Conclusions of Law for Denial: CUP 02- 026 Request for a Conditional Use Permit for a 3901 square foot Carl's Jr. restaurant with a drive-thru in a CoG zone by Clayton Jones - on South Main Street, north of the Meridian Road and Main Street intersection: D. Development Agreement: AZ. 02-011 Request for Annexation and Zoning of 24.89 acres from R-T to CoG and R-40 zones for proposed Fairview Lakes by Hopkins Financial Services, Inc. - 824 East Fairview Avenue: E. Finance Department: Finance Report: F. Change Order No.1, Tully Skate Park - Heartland Construction: Change Order No.2, Tully Skate Park - Heartland Construction: H. Change Order No.1 (Final), Water Tower Recoating Project, Consulting Services - CH2M.HiII: Corrie: Item Number 3 is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all applicable items. De Weerd: Second. Corrie: Okay motion has been made and seconded. Is there any further discussion? Hearing none, roll call vote, Mr. Clerk. Roll call vote: McCandless, aye; Nary, absent; DeWeerd, aye; Bird, aye. Corrie: Okay. Motion is approved.