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Cooper Canyon Subdivision AZ 02-002 PARTIES: 1. 2. 3. AiJA COU"ry RECORDER ~ J. O^.V!IJ N.".,V,.\I.¡RD ( 1\1 ßC~$[, IU!.::;) .~ 20BlJL 12 AMI/: 33 RECORDED - RE lJES T OF Fë:E~D:: " n_~ 102078393 MERIDIAN CITY DEVELOPMENT AGREEMENT City of Meridian Lawrence Tuckness Trust, Owner Wildwood Development, LLC, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 2.1'7 day of J~ , 2o0~, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and LAWRENCE TUCKNESS TRUST, hereinafter called "OWNER", whose address is 1621 E. Cougar Creek Dr., Meridian, Idaho 83642, and WILDWOOD DEVELOPMENT, LLC, hereinafter called "DEVELOPER", whose address is 145 Horizon Dr., Boise, Idaho 83702 1. RECITALS: 1.1 1.2 1.3 1.4 WHEREAS, "Owners" are the sole owners, 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, r.c. §67-65 11 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owners" 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, "Owners" 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, (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT (AZ-O2-002) - ] 1.7 1.8 1.9 1.5 WHEREAS, "Owners" and "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and WHEREAS, City Council, the /61.1 day of fl¡zti£, 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 "Owners" and "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and "OWNERS" 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 "Owners" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, rfEVELOPMENT AGREEMENT (AZ-O2-002) - 2 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 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 II and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in fulL 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 3.2 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 of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. "OWNERS": means and refers to Lawrence Tuckness Trust, whose address is 1621 E. Cougar Creek Dr., Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". "DEVELOPER": means and refers to Wildwood Development, LLC, whose address is 145 Horizon Dr., Boise, Idaho 83702, the party developing said "Property" DEVELOPMENT AGREEMENT (AZ-O2-002) - 3 3.3 4. 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 "N, attached hereto and by this reference incorporated herein as if set forth at length. USES PERMITTED BY THIS AGREEMENT: 4.1 4.2 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 (F) which are herein specified as follows: Development of a 22 4-plex structures (88 total units) for a proposed variety of residential and commercial projects. Development shall be consistent with the Meridian Comprehensive Plan Generalized Lane Use Map which designates the property as Mixed Planned Use, and go through the planned development process and as conditional uses. No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and "Developer" are not required to submit to "City" an application for conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: A. "Owners" and "Developer" shall develop the "Property" in accordance with the following special conditions: DEVELOPMENT AGREEMENT (AZ-O2-002) - 4 3. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non'domestic purposes such as landscape irrigation. Adopt the Recommendations of the ACHD as follows: Special Recommendations to the City of Meridian and the Meridian Fire Department: a. Applicant should be required to construct an emergency turnaround located in the center of the proposed subdivision. Applicant should be required to work with the Fire Department staff for the location of the emergency turnaround. Site Specific Requirements: 1. Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on Wilson Lane abutting the parceL Improvements shall be constructed to match existing improvements. 2. Driveways on Wilson Lane shall be located a minimum of 50-feet from any public street intersection. The applicant is proposing to locate the driveway approximately IOO-feet east of the west property line, This location meets District policy and is approved with this application. The applicant is required to pave the driveway to its full-required width of 24 to 30-feet and to a point 30-feet beyond the edge of pavement of Wilson Lane. Applicant is proposing an "emergency access only" located approximately 190-feet north of the south property line. This access is to be signed "emergency access only" and/or install bollards for emergency access only. The applicant is required to pave this access 16 to 20-feet in width and to a point 30-feet into the project. This emergency access meets District policy and shall be approved with this application. DEVELOPMENT AGREEMENT (AZ-O2-002) - 5 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 5. Meet District drainage requirements per section 8000 of the ACHD Development Policy ManuaL 6. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. Any existing irrigation facilities shall be relocated outside of the right-of- way. 8. Applicant shall also comply with all of ACHD's Standard Requirements listed in their report dated January 25, 2002. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal roads shall have a minimum radius of 28' inside and 48' outside radius. DEVELOPMENT AGREEMENT (AZ-O2-002) - 6 6. The roadways shall be built to Ada County Highway Standards. 7. An approved temporary turn-around is, required for any dead-ends over 150'. 8. The project shall be required to have an approved means of accessing a public road. Adopt the Recommendations of the Parks Department as follows: 1. A 10' wide hard surface for a pedestrian pathway shall be provided along the Jackson Drain on the north side. The pathway shall include a 10' wide landscaped buffer on both sides, and which shall be maintained by the developer. The pathway shall connect to the Elliot Park Subdivision path. It would be acceptable for the 10' wide pathway to be an easement or common lot deed when completed. Additionally, comply with the action of the City Council from their meeting of April 2, 2002 as follows: 1. Two amenities are required as part of the Planned Development. The applicant is proposing in excess of 10% of open space and the pathways are two amenities. Additionally, the applicant shall also provide a sport court of approximately 2,500 to 3,000 sq. ft. within the approximately I5,000-foot common area open space. The applicant shall also provide a revised Site Plan indicating the location of the sport court, as well as the material it is to be constructed with. The sport court shall be approximately half the size of a regulation basketball court and will contain at least one basketball standard and other play equipment that may be acceptable by the staff. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall beterminated, and the zoning designation reversed, upon a default of the "Owners" and "Developer" or "Owners" and "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of DEVELOPMENT AGREEMENT (AZ-O2-002) - 7 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 r.c. ' 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owners" 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 "Owners" and "Developer" and if the "Owners" and "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owners" 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 "Owners" and"Developer", "Owners" 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 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. 10.2 A waiver by "City" of any default by "Owners" and "Developer" of anyone or more of the covenants or DEVELOPMENT AGREEMENT (AZ-O2-002) - 8 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 "Owners" 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 of the "Property" contemplated hereby, the "city" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owners" 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 "Owners" 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 DEVELOPMENT AGREEMENT (AZ-O2-002) - 9 complete the curing of the same with diligence and continuity. 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 of the improvements, which the "Owners" and "Developer" agrees to provide, if required by the "city". IS. CERTIFICATE OF OCCUPANCY: The "Owners" and "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owners" 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 "Owners" 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 of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT (AZ-O2-002) - 10 CITY: OWNERS: do City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Lawrence Tuckness Trust 1621 E. Cougar Creek Dr. Meridian, Idaho 83642 with copy to: DEVELOPER: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Wildwood Development, LLC 145 Horizon Dr. Boise, Idaho 83702 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person DEVELOPMENT AGREEMENT (AZ-O2-002) - 11 acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owners" and "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owners" 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 from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owners" and "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 "Owners" 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 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-O2-002) - 12 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-O2-002) - 13 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. LAWRENCE TUCKNESS TRUST: Amended P.R. Warranty Deed dated October 19,2000, and recorded October 27,2000/0WERS BY ,..j¡./n.JJLc" fI;/. U_~A' /7"" WIDLWOOD DEVELOPMENT COMPANY, DEVELOP~~ BY, rk/ ¡)é¡ Attest: BY~ DEVELOPMENT AGREEMENT (AZ-O2-002) - 14 COUNTY OF ADA) On W. ~~ day of '~ . ;" the y~' 2002. before me, I? U r" a Notary Public, personally appeared ttJ~~J11 e5S, Trustee of the Lawrence Tuckness Trust, Amended P.R. Warranty Deed dated October 19,2000, and recorded October 27,2000/, known or identified to me to be the person whose name is subscribed to the within instrument as Trustee, and acknowledged to me that he executed the same as Trustee on behalf of the aforementioned Trust. ~9~+ (SEAL) 1~,""o1~1i:"'~ ;; :: .:ëf<-- )... ~ \ \ -8;-6} ~ ~ ..:<ìte~~ .' ~§ "~..~.............~¥: ., ~*'*'~ OF \V~ """"""",,",..iØ"'- Attest: A~ß~(l CITY CLERI( 1 v STATE OF IDAHO) :ss CITY OF MERIDIAN Notary Public Residing at: Commission expires: DEVELOPMENT AGREEMENT (AZ-O2-002) - 15 COUNTY OF ADA) On this ¿c/.a day of 2002, before me, ",-4.II.IIi!.- --10551oS. appeared Cfryì..5. ~;,d/:1 and known or identified to me to be e ' r-:¡)....G!S.i.~ and of Wildwood Development, LLC, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said Wildwood Development, LLc. """""" ~~"-;:'~"B O$.~ ~~~, ~ ! ",oT~J- æ*: -.- . (SEAL) \ \. ÞUB\.'(. f) '\0 <1'»" Æ3 '. -1 "".. ~v "....,"'/3 OF \~, ",......,.." :ss ) On this 'Z},-J.. day of ~ , in the year 2002, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg~mow 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 aclmowledged to me that such City executed the same. ........ ~~J'~;&~~ ~/~ ~ (o"'~ : ( ! ""'.~~Ã>/ ..1fi0l1Ø.r:~ ......- Z,IWork\M\MeridianlMeridian 15360MlCooper Canyon Sub AZO2-002 )@J)! cup)@_))@\DeveiopAgr.doc STATE OF IDAHO) :ss STATE OF IDAHO County of Ada (SEAL) Jl.£./LL.. , in the year a Notary Public" personally l~~ Notary Public for Idaho Residing at:~/&e/Ido.1m Commission expires: 8 -/-0 '/ ~~~ Notary Public for Idaho Commission expires: t-f -l'iZ-o'5 DEVELOPMENT AGREEMENT (AZ-O2-002) - 16 EXHIBIT A Legal DescriPtion Of Property A parcel of land situated in the NW 1/4 of Section 8, T.3N., R.l E., B.M., City of Meridian, Ada County, Idaho, being a portion of Lot 7 of Pleasant Valley Subdivision, according to the official plat thereof recorded in Book 12 of Plats at Page 665, Ada County Records being more particularly described as follows: COMMENCING at the northwest corner of said Section 8, from which corner the south 1/4 comer of said section bears SOooOO'23" W., 2649.56 feet; thence, along the westerly line of said section. A) SOooOO'23" W., 455.00 feet to the intersection with the centerline of Wilson Lane as shown on Record of Survey No. 3963; thence, along said centerline. N89°34'40" E., 1038.12 to the intersection with the westerly line of said Lot 7 and the POINT OF BEGINNING; thence, continuing along said centerline. 1) N89°34'40" E., 246.81 feet to a point that bears Nooa04'03" W., 29.00 feet from the northwest corner of Block I of Elliott Park Subdivision according to the official plat thereof recorded in Book 82 of Plats at Pages 8914 and 8915, Ada County Records; thence along the westerly line of said block and the northerly prolongation thereof. SOoo04'03" E., 1106.95 feet to a found 1" iron pipe on the northerly bank of an existing 2) B) DEVELOPMENT AGREEMENT (AZ-O2-002) - 17 3) drain ditch as shown on said plat; thence, along said northerly bank. N6SO50'18" W., 272.05 feet to a point on the westerly line of said Lot 7; thence, along said westerly line. NOooOO'23" E., 993.77 feet to the POINT OF BEGINNING. 4) Containing 5.97 acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way, and Easements of Record, with Exhibit "B" attached hereto. DEVELOPMENT AGREEMENT (AZ-O2-002) - 18 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-O2-002) - 19 BEFORE THE MERIDIAN CITY COUNCIL ClC 04-02-02 IN THE MATTER OF THE ) APPLICATION OF WILDWOOD) DEVELOPMENT, LLC, THE ) APPLICATION FOR ) ANNEXATION AND ZONING) OF 5.81 ACRES FOR ) PROPOSED COOPER CANYON) SUBDIVISION, LOCATED EAST) OF NORTH LOCUST GROVE ) ROAD AND SOUTH OF EAST ) WILSON LANE, MERIDIAN, ) IDAHO) Case No. AZ-02-002 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 April 2, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, Barry Semple, Chris Findlay, and David Callister, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore malœs 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 §§ Il-I5-5 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) and II-I6-1. 2. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 5.81 acres in size, is located east of North Locust Grove Road and south of East Wilson Lane, 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 the Lawrence Tuckness Trust of Meridian, Idaho; and the applicant is Wildwood Development, LLC of 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 R-40, with intent to construct a twenty-two (22) 4-plex structures (88 total units) for a proposed variety of residential and commercial projects, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) property as Mixed Planned Use Development. 7. The subject property is bordered to the north and east by City of Meridian zoning of COG and I-L respectively, and to the south and west by Ada County zoning of RUT. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. Giving due consideration to the comment 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 imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 2. 1. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation. A development agreement shall be required as part of this annexation request. Adopt the Recommendations of the ACHD as follows: Special Recommendations to the City of Meridian and the Meridian Fire Department: a. Applicant should be required to construct an emergency turnaround located in the center of the proposed subdivision. Applicant should be required to work with the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) 4. 5. 6. 7. 8. Fire Depanment staff for the location of the emergency turnaround. Site Specific Requirements: 1. Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on Wilson Lane abutting the parcel. Improvements shall be constructed to match existing improvements. 2. Driveways on Wilson Lane shall be located a minimum of 50-feet from any public street intersection. The applicant is proposing to locate the driveway approximately 100-feet east of the west propeny line. This location meets District policy and is approved with this application. The applicant is required to pave the driveway to its full-required width of 24 to 30-feet and to a point 30-feet beyond the edge of pavement of Wilson Lane. 3. Applicant is proposing an "emergenCY access only" located approximately 190- feet nonh of the south property line. This access is to be signed "emergency access only" and/or install bollards for emergency access only. The applicant is required to pave this access 16 to 20-feet in width and to a point 30-feet into the project. This emergency access meets District policy and shall be approved with this application. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Any existing irrigation facilities shall be relocated outside of the right-of-way. Applicant shall also comply with all of ACHD's Standard Requirements listed in their report dated January 25,2002. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FORA..T\JNEXATION AND ZONING/COOPER CANYON (AZ-02-002) Adopt the Recommendations of the Meridian Fire Department as follows: I. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal roads shall have a minimum radius of 28' inside and 48' outside radius. 6. The roadways shall be built to Ada County Highway Standards. 7. An approved temporary turn-around is required for any dead-ends over 150'. 8. The project shall be required to have an approved means of accessing a public road. Adopt the Recommendations of the Parks Department as follows: 1. A 10' wide hard surface for a pedestrian pathway shall be provided along the Jackson Drain on the north side. The pathway shall include a 10' wide landscaped buffer on both sides, and which shall be maintained by the developer. The pathway shall connect to the Elliot Park Subdivision path. It would be acceptable for the 10' wide pathway to be an easement or common lot deed when completed. Additionally, comply with the action of the City Council from their meeting of April 2, 2002 as follows: 1. Two amenities are required as part of the Planned Development. The applicant is proposing in excess of 10% of open space and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) pathways are two amenities. Additionally, the applicant shall also provide a Sport court of approximately 2,500 to 3,000 sq. ft. within the approximately I5,000-foot common area open space. The applicant shall also provide a revised Site Plan indicating the location of the sport court, as well as the material it is to be constructed with. The sport court shall be approximately half the size of a regulation basketball court and will contain at least one basketball standard and other play equipment that may be acceptable by the staff. 10. 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.9, 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. 11. It is also found that the development considerations as referenced in Finding No.9 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. But, additional landscaping buffers and design features will be required to make the proposed use more harmonious with the general vicinity and to comply with City FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ;02-002) Ordinances. 12. It is found that the zoning of the subject real property as High Density Residential District (R-40) requires connection 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 Mixed Planned Use Development. 13. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: Goal Sections: Goal 4, Goal 8 Economic Development Chapter 3.IU,3.2U Land Use Chapter 2.lU Transportation Chapter l.I9U, l.I4, 1.19 Community Design Chapter 6.2U,6.IlU 15. The property can be physically serviced with City water and sewer, since the applicant has extended the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of '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: Goal Sections: Goal 4, Goal 8 Economic Development Chapter 3.IU,3.2U Land Use Chapter 2.W FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) Transportation Chapter 1.19U, l.I4, l.I9 Community Design Chapter 6.2U,6.IIU 5. The zoning of High Density Residential District (R-40) is defined in the Zoning Ordinance at § 11-7-2 F as follows: (R-40) Hi~h Density 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. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 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, if such is required by the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 5.81 acres in size to High Density Residential District (R-40) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 5.81 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) 4. 5. 6. 2. A development agreement shall be required as part of this annexation request. Adopt the Recommendations of the ACHD as follows: Special Recommendations to the City of Meridian and the Meridian Fire Department: a. Applicant should be required to construct an emergency turnaround located in the center of the proposed subdivision. Applicant should be required to work with the Fire Department staff for the location of the emergency turnaround. Site Specific Requirements: 1. Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on Wilson Lane abutting the parcel. Improvements shall be constructed to match existing improvements. 2. Driveways on Wilson Lane shall be located a minimum of 50-feet from any public street intersection. The applicant is proposing to locate the driveway approximately IOO-feet east of the west property line. This location meets District policy and is approved with this application. The applicant is required to pave the driveway to its full-required width of 24 to 30-feet and to a point 30-feet beyond the edge of pavement of Wilson Lane. 3. Applicant is proposing an "emergency access only" located approximately 190- feet north of the south property line. This access is to be signed "emergency access only" and/or install bollards for emergency access only. The applicant is required to pave this access 16 to 20-feet in width and to a point 30-feet into the project. This emergency access meets District policy and shall be approved with this application. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. If utility relocation is necessary to construct improvements required with this FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) 7. 8. 1. development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. Any existing irrigation facilities shall be relocated outside of the right-of-way. 8. Applicant shall also comply with all of ACHD's Standard Requirements listed in their report dated January 25,2002. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All internal roads shall have a minimum radius of 28' inside and 48' outside radius. 6. The roadways shall be built to Ada County Highway Standards. An approved temporary turn-around is required for any dead-ends over ISO', The project shall be required to have an approved means of accessing a public road. Adopt the Recommendations of the Parks Department as follows: A 10' wide hard surface for a pedestrian pathway shall be provided along the Jackson Drain on the north side. The pathway shall include a 10' wide landscaped buffer on both sides, and which shall be maintained by the developer. The pathway shall connect to the Elliot Park Subdivision path. It would be acceptable for the 10' wide pathway to be an easement or common FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) lot deed when completed. Additionally, comply with the action of the City Council from their meeting of April 2, 2002 as follows: 1. Two amenities are required as part of the Planned Development. The applicant is proposing in excess of 10% of open space and the pathways are two amenities. Additionally, the applicant shall also provide a sport court of approximately 2,500 to 3,000 sq. ft. within the approximately 15,OOO-foot common area open space. The applicant shall also provide a revised Site Plan indicating the location of the Sport court, as well as the material it is to be constructed with. The sport court shall be approximately half the size of a regulation basketball court and will contain at least one basketball standard and other play equipment that may be acceptable by the staff. 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, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) an interest in real property 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 a judicial review as provided by Chapter 52, Title 67, Idaho Code, of ~ ~ (6 - day By action of the City Council at its regular meeting held on the ,2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED $---- COUNCILWOMAN TAMMY deWEERD VOTED~v COUNCILWOMAN CHERIE Mc CANDLESS VOTED ficA.- COUNCILMAN WILLIAM LM. NARY VOTED$A..,....- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1-~/6 -0 Z- MOTION: APPROVED:~ DISAPPROVED:- - VOTED - Copy served upon Applicant, the Planning and Zoning Department, Public Works Depart nt and the City Attorney. A' ;;," ' 7 2- /~; ~ Dated: -tJ i ~t~\\" ; mw.) Z,\WorklMlMeridianlMeridian 15360M\Cooper Canyon Sub AZO2.002 )@J)! CUP)@J)@\AZFfI& ~ ~:", ,," " ~ 1'ð1 ',;:.it^~i FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 ~~~~;.~:"; AND DECISION AND ORDER GRANTING APPLICATION ,<II' ' FOR ANNEXATION AND ZONING/COOPER CANYON (AZ-02-002) " ~ 8 ~ ; ;; !S ! " ;; f¡¡ "' § ~ ~ B; ¡¡ i - is i :¡; - is ¡;; ~ !1i '" S' ~ '" !¡ 8 I ~ ~ ~ '" !/ Ëil "" ~I §I' :¡; ~ 8 !j; ~ ;; ¡;¡ ~ ê ~ 9 6 7 5 FAlRVIEW BAN E @ß EXHIBIT "B" A PARCEL OF LAND SITUATED IN THE NWI/4 OF SECTION 8, T3N, R1E, B,M" CITY OF MERIDIAN. ADA COUNTY, IDAHO, BEING A PORTION OF LOT 7 OF PLEASANT VALLEY SUBDIVISION RECORDED IN BK 12. PAGE 665, ADA COUNTY RECORDS. 20Dl g ROS 3963 <li "'. .. '- N89'34'40"E WILSON LANE 1038.12' '" N89'34'40"E 246.85 ;" "' '" ~ . '" Q e:: r.¡ > g¡: C;::] ¡....o en!=' ~g Uv> 0 ...J z 7 , B 0 100 200 ,. t 400 ¡... ,... <li <0 '" J-U ;" '" 0 0 b 0 z 0 .... OJ io '"- ,// ./' 0> N V1 0 0 ò ... 0' ": roi I I I I ) ,/ ' Q c:¡ ~ en ::.:: e:: -< Q., ¡.... ¡.... 0 ::J ...J r.¡ TOOTHMAN-ORTON ENGINEERING CO. ENGINEERS. SURVEYORS PLANNERS 9777 CHINOEN BOULEVARD. BOISE, IDAHO 83714-2008 PHONE: 208-323-2288 . FAX: 208-323-2399 i\OJ057\ExH-aOUNom.OWG DArE: 10/15/01 JOB: 01057 600