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Sundance Subdivision AZ 01-012 PARTIES: 1. 2. 3. ADA C..OUN. TV....R.. ECOR.O£~~ J. DAVID NAVARRO W'lfC m,~HO 2002t1Y 16 AMII:21 RECOROED'R;Q~71\OF . '.... FEE~DE~ ~ 102056126 MERIDIAN CITY ). DEVELOPMENT AGREEMENT City of Meridian McBirney Property Trust, Owners G.L. Voigt Development, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 2g~ day of /Jt(þJeÁ- ,2002.-, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and McBIRNEY PROPERTY TRUST, hereinafter called "OWNERS", whose address is 1162 Bentoak Lane, San Jose, California 95129-3104, and G.L. VOIGT DEVELOPMENT, hereinafter called "DEVELOPER", whose address is 1908 E. Jennie Lee Drive, Idaho Falls, Idaho 83404. 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 DEVELOPMENT AGREEMENT (AZ-OI-OI2) - 1 1.6 1.7 1.8 1.9 designation of (R-8) Medium Density Residential District, (Municipal Code of the City of Meridian); and 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 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 5f~ day of þ(()IIcJ..., 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 DEVELOPMENT AGREEMENT (AZ-OI-OI2) - 2 subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629,]anuary 4,1994, and the Zoning and Development Ordinances codified in Meridian City Code Tiùe 11 and Tiùe 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 McBirney Property Trust, whose address is 1162 Bentoak Lane, San Jose, California 95129-3104, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". "DEVELOPER": means and refers to G.L. Voigt Development, whose address is 1908 E. Jennie Lee Drive, DEVELOPMENT AGREEMENT (AZ-OI-OI2) - 3 3.4 4. Idaho Falls, Idaho 83404, 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 "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 (D) which are herein specified as follows: Construction and development oj 214 single family lots and 23 common lots, 4 office lots and a park. Development shall be consistent with the Meridian Comprehensive Plan Generalized Lane Use Map which designates the property as Single Family Residential; that any proposed uses other than an office use on Lots 45, 47, 49 and 50, Block 7 shall require a conditional use, if constructed in accordance with an approved CUP site plan and plat. 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: DEVELOPMENT AGREEMENT (AZ-OI-OI2) - 4 6. 7. A. "Owners" and "Developer" shall develop the "Property" in accordance with the following special conditions: 1. All irrigation ditcl1es, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.c. and 12-5-2.M. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. Off-street parking shall be provided in the proposed future commercial lots in accordance with the City of Meridian Ordinance 11-13 for use of property. All signage in the proposed future commercial lots shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be DEVELOPMENT AGREEMENT (AZ-OI-OI2) - 5 14. 15. permitted. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. 10. Meridian City Ordinance 12-6 sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 11. That any proposed uses other than an office use on Lots 45, 47, 49 and 50, Block 7 shall require a CUP. The office uses are allowed under the Planned Development process and would not require a CUP if constructed in accordance with an approved CUP site plan and plat. Due to the single-family uses abutting the boundaries of Lots 45, 47 and 49, Block 7 (proposed as future office use), a minimum 20-foot planting strip, in accordance with City Ordinance 12-4- 7.A., is required along the property lines of these three lots. 12. 13. Dedicate 48-feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Dedicate 48.feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Construct the main entrance off Us tick Road, located approximately 900-feet east of the west property line, as proposed. Construct the main entrance with one inbound DEVELOPMENT AGREEMENT (AZ-Ol-OI2) - 6 19. 20. segment 21-feet, and construct the outbound segment with two lanes, approximately 29-feet wide. The median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. The applicant shall be required to dedicate sufficient right-of-way for the street section plus the additional width of the median. 16. Construct a center turn lane on Ustick Road for the main entrance!Usticl< Road intersection. Provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 17. Construct a 5-foot wide concrete sidewalk on Ustick Road located two-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 18. Construct a 24 to 30-foot wide driveway on Ustick Road, located 420-feet east of Meridian Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Ustick Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. Construct the main entrance off Meridian Road, located approximately 1,300-feet north of the south property line, as proposed. Verify that the entrance is offset a minimum of 125- feet from the proposed main entrance to Cedar Springs Subdivision on the west side of Meridian Road. Design the main entrance with a 21-foot street section for the inbound segment and construct the outbound segment with two lanes, approximately 29-feet wide. The median shall be constructed a minimum of 4-feet wide to total a minimum of a 1 DO-square foot area. Dedicate sufficient right-of-way for the street section plus the additional width of the median. Construct a center turn lane on Meridian Road for the main entrancelMeridian Road intersection to provide a minimum of 1O0-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with DEVELOPMENT AGREEMENT (AZ-OI-OI2) - 7 24. 25. 26. 27. District staff. 21. Construct a 24 to 30-foot wide driveway on Meridian Road, located 440-feet north of Ustick Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Meridian Road and install pavement tapers with 15- foot radii abutting the existing roadway edge. Construct a 5-foot wide concrete sidewalk on Meridian Road located two-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 22. 23. Broadwater Way shall be designated as a residential collector street with no front-on housing, because the anticipated traffic volumes will exceed 1,000 vehicle trips per day. The access restrictions for Ù1ese street segments shall be stated on the final plat. District policy requires that these street segments be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. Unless otherwise approved, construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. Construct the turnarounds to provide a minimum turning radius of 45-feet. Construct a stub street to the north property line between Lot 22, Block 1, and Lot 1, Block 5 as proposed. A paved temporary turnaround at the end of the stub street is not required. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. Construct a stub street to the east property line between Lot 13, Block 5, and Lot 48, Block 10 as proposed. A paved temporary turnaround at the end of the stub street is not required. Install a sign at the terminus of the roadway stating that, "THIS ROAD DEVELOPMENT AGREEMENT (AZ-Ol-OI2) - 8 32. 33. 34. 35. 36. 37. 28. WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. Provide a $30,000 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing one-quarter of the traffic signal at the intersection of Ustick Road and Meridian Road. 29. Any proposed landscape islands/medians within the public right- of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 30. Relocate any irrigation facilities or utilities outside of the new right-of-way on Ustick Road or Meridian Road. 31. Except for one approved driveway on Ustick Road, and one approved driveway on Meridian Road, direct lot or parcel access to Ustick Road or Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Comply with all of ACHD's Standard Requirements (9) listed within their letter dated July 9, 2001. All Uniform Fire Codes shall be met. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. Fire approval of fire hydrant locations shall be by the Fire Department. Several fire hydrants shall have to be relocated. DEVELOPMENT AGREEMENT (AZ-Ol-OI2) - 9 41. 42. 43. 38. All radii shall be 28' inside and 48' outside radius. 39. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per 1103.2.4 of the UFc. 40. If the development is plimning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then applicant shall coordinate with the Water Superintendent for the District, concerning the installation of the pressure system. Fill out and return the questionnaire to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. Based upon the testimony at the hearing, and the widely recognized need for infrastructure improvements in the North Meridian Planning Area sooner, rather than later, especially as it respects to large developments, the OwnerlDeveloper, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the Developer/ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure in the North Meridian Planning Area agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. . Owner and Developer agree that at the time the annexation was approved, sewer service is not yet available for the annexed property. Owner and Developer agree that they hereby waive any and all causes of action against the City regarding the availability or unavailability of sewer service. No building permits will be issued until the proposed sewer trunk line has been built and DEVELOPMENT AGREEMENT (AZ-Ol-OI2) - 10 connected to the City's Wastewater Treatment Plan. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owners" and"Developer" or "Owners" and "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in 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 DEVELOPMENT AGREEMENT (AZ-OI-OJ2) - 11 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 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; DEVELOPMENT AGREEMENT (AZ-Ol-OI2) - 12 provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 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". 15. 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 DEVELOPMENT AGREEMENT (AZ-OI-OI2) - 13 and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNERS: c/o City Engineer City of Meridian . 600 E. Watertower, Suite 200 Meridian, ID 83642 McBirney Property Trust 1162 Bentoak Lane San Jose, California 95129-3104 with copy to: DEVELOPER: City Clerk City of Meridian 600 E. Watertower, Suite 200 Meridian, ID 83642 G.L. Voigt Development 1908 E. Jennie Lee Drive Idaho Falls, Idaho 83404 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 DEVELOPMENT AGREEMENT (AZ-Ol-OI2) - 14 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". Noiliing 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 DEVELOPMENT AGREEMENT (AZ-Ol-OI2) - 15 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-Ol-OI2) - 16 ~ ,!' ACKNOVVLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. MCBIRNEY PROPERTY TRUST uJtja dated January 1, 1985, OWNER w. ~W'~"l~> BY: W. Robert McBìrney, Jr. Trustee G. 1. VOIGT DEVELOPMENT, DEVELOPER B~?!J~ Attest: BY: !rypri? v~tL 1J'j c,~ c.."",~ fi-7-o'2- DEVELOPMENT AGREEMENT (AZ-OI-OI2) - 17 . STATE OF CALIFORNIA ss: County of Santa Clara) On this ~ day ofA6J 7.11 . 2002 before me, (personally appeared W. Robert McBirney, Jr., Trustee of the McBirney Property Trust, urr/A dated January 1, 1985, 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 aforenamed Trust. ft#~MÆ/ STATE OF IDAHO ) :ss ) Notary Public fo~ ~ ~ rJ /'" My commission expires: ¿:frl' :J t7 'Z-#z.., ,~- - - ;;;O;y.~HI~~- J Commission if 1200125 :< NoIœy PubOc - Caß!cmkI f t Sanla Clara Ccunly ( My COmm. Expies Oct :¡O,21X!2 =,,--..------- (SEAL) County of Ada On this 2gtk day of tv! A- ~c."" , 2002, before me, .BeA ~(ß't' /C. 81 S"" rY -, personally appeared GA/2F ¿. V¿)IGr act::-.- known or identified to me to be the PR.I!S ,"'~ &Ad of G.L. Voigt Development rlilSfl8ewley, and the persontwho executed the instrument and acknowledged to me that they have executed the same on behalf of said (lL. V oi ."..oat!I~~ Development. :\.:I>Y Ie. 11;"", "l '7. . ":,'ê:. OT~.r \'.", ~j ;' (SEAL) '. .""""~~~~., DEVELOPMENT AGREEMENT (AZ-OI.OI2) - 18 .. STATE OF IDAHO ) :ss County of Ada ) p ~ On this l day Of!Yl. ' 2002, before me, a NotaI)' Public, personally appeared Robert D. Corrie and ham G. Berg, known or Identified to me to be the Mayor and Clerk respectively of the City of Meridian, who executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ...oÑS'a.. :~ÕT~~~~ a 0" \ . . ' I . : i 1, : . \ a . \ . ee d\"'fJJm..~,-;¡).. e.~..-:.-__. Þ'!'+. .a~. ;SOF1Pee a....ee %¿ WWv1 ~,~ ) Notary Public for Idaho My Commission expires: rY/--;)f{-O5 DEVELOPMENr AGREEMENT (AZ-OI-OI2) - 19 EXHIBIT A Le!!al Description OfProDerty A parcel ofland located in the SW II. of Section 31, Township 4 North, Range 1 East, the SE II. of Section 36, Township 4 North, Range 1 West, and the NW II. of Section 6, Township 3 North, Range 1 East, Boise Meridian; Ada County, Idaho; being more particularly described as follows: Commencing at the southwest corner of the SW II. of Section 31, Township 4 North, Range 1 East, Boise Meridian, the REAL POINT OF BEGINNING of this description; Thence N 89°35'39" W 25.00 feet to a point on the west right-of-way line of Meridian Road; Thence N 00°50'16" E 1919.33 feet along said west right- of-way to a point; Thence S 89°35'39" E 1655.04 feet to a point; Thence S 00°50'16" W 1964.33 feet to a point on the south right-of-way line of Us tick Road; Along said south right-of-way; Thence N 59°35'39" W 538.34 feet to a point; Thence N 00°50'16" E 20.00 feet to a point; Thence N 89°35'39" W 1091.70 feet to a point on the west line of the NW II. of Section 6, Township 3 North, Range 1 East, Boise Meridian; Leaving said south right-of-way; Thence N 00°50'16" E 25.00 feet to the REAL POINT OF BEGINNING of this description, said parcel comprising 74.10 acres, more or less. DEVELOPMENT AGREEMENT (AZ-Ol-012) - 20 EXIDBIT B FindinllS of Face and Conclusions of Law/Conditions of Aooroval DEVELOPMENT AGREEMENT (AZ-OI-OI2) - 21 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF G.L. VOIGT DEVELOPMENT THE APPLICATION FOR ANNEXATION AND ZONING OF 70.72 ACRES FOR SUNDANCE SUBDIVISION, LOCATED AT THE NORTHEAST CORNER OF E. USTICK ROAD AND N. MERIDIAN ROAD, MERIDIAN, IDAHO ) ) ) ) ) ) . ) ) ) ) ) ) ) ClC 02-19-02 Case No. AZ-OI-O12 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 November 20,2001, and continued until February 19,2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, and Steve Arnold with Briggs Engineering, 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 FINDINGS OF FACT Ai'\1D CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-012) 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, subdivisions and development ordinances codified at Titles 11 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 70.72 acres in size, is located at the northeast comer of E. Ustick Road and N. Meridian 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 the McBirney Property Trust of San Jose, California; and the applicant is G.L. Voigt Development of Idaho Falls, Idaho. 5. The property is presently zoned by Ada County as RT, and consists of agricultural ground. 6. The Applicant requests the property be zoned as R-8, with the intent to develop 214 single family lots and 23 common lots, 4 office lots and a park, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-012) designates the subject property as Single Family Residential. 7. The subject property is bordered to the north, east and west by agricultural land and single family residences, by Eastbrook Village Subdivision to the South and city limits of the City of Meridian are adjacent and abut to the west and south of the subject property. 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. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, ,vith written confirmation of said approval submitted to the Public Works Department. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-012) 8. 9. 10. 11. 12. 3. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. Two-hundred-fifty- and lOa-watt, high-pressure sodium streetlights shalI be required at locations designated by the Public Works Department. All streetlights shalI be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. 6. Off-street parking shall be provided in the proposed future commercial lots in accordance with the City of Meridian Ordinance 11-13 for use of property. 7. All signage in the proposed future commercial lots shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. All construction shall conform to the requirements of the Americans with Disabilities Act. Applicant shall be required to enter into a Deyelopment Agreement ,VÌth the City as a condition of annexation. Meridian City Ordinance 12-6 sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shalI not lapse or be waived as the result of any subsequent change in ten,ancy or ownership. A condition of the Development Agreement shall be that any proposed uses other than an office use on Lots 45, 47,49 and 50, Block 7 shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ,01-012) 13. require a CUP. The office uses are allowed under the Planned Development process and would not require a CUP if constructed in accordance with an approved CUP site plan and plat. Due to the single-family uses abutting the boundaries of Lots 45, 47 and 49, Block 7 (proposed as future office use), a minimum 20-foot planting strip, in accordance with City Ordinance 12-4-7 A, is required along the property lines of these three lots and shall be a condition attached to this property in the Development Agreement. Adopt the Recommendations of the ACHD as follows: 15. 16. 14. Dedicate 48-feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Dedicate 48-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Construct the main entrance off Ustick Road, located approximately 900-feet east of the west property line, as proposed. Construct the main entrance with one inbound segment 21-feet, and construct the outbound segment ,vith two lanes, approximately 29-feet ,vide. The median shall be constructed a minimum of 4.feet ,vide to total a minimum of a 100-square foot area. The applicant shall be required to dedicate sufficient right-of-way for the street section plus the additional width of the median. FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ.OI-012) 20. 21. 17. Construct a center turn lane on Usticl< Road for the main entrance/Ustick Road intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Construct a 5-foot wide concrete sidewalk on Ustick Road located two- feet within the new right-of-way. Coordinate the location and elevation of the sidewalk \vith District staff. 18. 19. Constl1.\ct a 24 to 30-foot \vide driveway on Ustick Road, located 420- feet east of Meridian Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Ustick Road and install pavement tapers \vith 15-foot radii abutting the existing roadway edge. Construct the main entrance off Meridian Road, located approximately 1 ,300-feet north of the south property line, as proposed. Verify that the entrance is offset a minimum of 125-feet from the proposed main entrance to Cedar Springs Subdivision on the west side of Meridian Road. Design the main entrance with a 21-foot street section for the inbound segment and construct the outbound segment with two lanes, approximately 29-feet wide. The median shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate sufficient right-of-way for the street section plus the additional width of the median. Construct a center turn lane on Meridian Road for the main entranc~Meridian Road intersection to provide a minimum of lOa-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-0l2) 24. 25. 26. 27. 28. 22. Construct a 24 to 30-foot wide driveway on Meridian Road, located 440-feet north of Ustick Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Meridian Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. Construct a 5-foot wide concrete sidewalk on Meridian Road located two-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. 23. Broadwater Way shall be designated as a residential collector street with no front-on housing, because the antidpated traffic volumes will exceed 1,000 vehicle trips per day. The access restrictions for these street segments shall be stated on the final plat. District policy requires that these street segments be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. Unless otherwise approved, construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. Construct the turnarounds to provide a minimum turning radius of 45- feet. Construct a stub street to the north property line between Lot 22, Block 1, and Lot 1, Block 5 as proposed. A paved temporary turnaround at the end of the stUb street is not required. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. Construct a stub street to the east property line between Lot 13, Block 5, and Lot 48, Block 10 as proposed. A paved temporary turnaround at the end of the stub street is not required. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-012) 32. 33. 29. Provide a $30,000 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing one-quarter of the traffic signal at the intersection of Ustick Road and Meridian Road. 30. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. Relocate any irrigation facilities or utilities outside of the new right-of- way on Ustick Road or Meridian Road. 31. Except for one approved driveway on Ustick Road, and one approved driveway on Meridian Road, direct lot or parcel access to Ustick Road or Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the fmål plat. Comply with all of ACHD's Standard Requirements (9) listed within their letter dated July 9,2001. Adopt the Recommendations of the Meridian Fire Department as follows: 34. 35. 36. 37. 38. 39. 40. All Uniform Fire Codes shall be met. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. Fire approval of fire hydrant locations shall be by the Fire Department. Several fire hydrants shall have to be relocated. All radii shall be 28' inside and 48' outside radius. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per 1103.2.4 of the UFc. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-012) Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 41. If the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then applicant shall coordinate with the Water Superintendent for the District, concerning the installation of the pressure system. 42. Fill out and return the questionnaire to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. Additionally, comply with the action of the City Council taken at their February 19, 2002 meeting as follows: 43. 44. 10. Based upon the testimony at the hearing, and the widely recognized need for infrastructure improvements in the North Meridian Planning Area sooner, rather than later, especially as it respects to large developments, the Owner/Developer, as condition of annexation and zoning, shall participate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the Developer/ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure in the North Meridian Planning Area agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. There shall be a hold harmless agreement executed by the Applicant and agreed upon by the City that the applicant shall hold the City harmless for sewer service until it is available through the White Trunk only and there is no risk to the City in doing the annexation at this time, and the applicants shall have to wait until all sewer easements are done and complete. It is found that if the developer pays for the requested improvements FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-012) 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 anne;xation 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. 12. It is found that the zoning of the subject real property as Medium Density Residential District (R-8) 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 Single Family Residential. 13. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-012) Plan of the City as follows: Land Use Chapter l.4U Transportation Chapter 1.9U Parks Chapter 3. I.e. Community Design Chapter 4.4U 15. The property can be physically serviced with City water. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-012) 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: 4.A Goals I through 10, inclusive. 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at § 11-7-2 D as follows: (Ro8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 7. Since the annexation and zoning ofland is alegislative 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-012) 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. 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 70.72 acres in size and zoned Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 70.72 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-012) as follows: 5. 6. 7. 8. 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Outside lighting shall be designed and placed so as not to clirect illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.c. and 12-5-2.M. 3. 4. Two-hundred-fifty- and 1O0-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas in the proposed future commercial lots. All site drainage shall be contained and disposed of on-site. Off-street parking shall be provided in the proposed future commercial lots in accordance with the City of Meridian Ordinance 11-13 for use of property. All signage in the proposed future commercial lots shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-012) 9. All construction shaH conform to the requirements of the Americans with Disabilities Act. 10. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 11. Meridian City Ordinance 12-6 sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shaH not lapse or be waived as the result of any subsequent change in tenancy or ownership. 12. A condition of the Development Agreement shall be that any proposed uses other than an office use on Lots 45,47,49 and 50, Block 7 shall require a CUP. The office uses are allowed under the Planned Development process and would not require a CUP if constructed in accordance with an approved CUP site plan and plat. Due to Ù1e single-family uses abutting the boundaries of Lots 45, 47 and 49, Block 7 (proposed as future office use), a minimum 2a-foot planting strip, in accordance with City Ordinance 12-4-7 A, is required along the property lines of these three lots and shaH be a condition attached to this property in the Development Agreement. 13. Adopt the Recommendations of the ACHD as follows: 14. 15. 16. Dedicate 48-feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building pennit (or other required permits), whichever occurs first. Dedicate 48-feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision pl~t or execution of a warranty deed prior to issuance of a building pennit (or other required permits), whichever occurs first. Construct the main entrance off Ustick Road, 'located approximately 900-feet east of the west property line, as proposed. Construct the main entrance with one inbound segment 2 I-feet, and construct the outbound segment with two lanes, approximately 29-feet wide. The median shaH be constructed a minimum of 4-feet wide to total a FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-012) 19. 20. 21. minimum of a 100-square foot area. The applicant shall be required to dedicate sufficient right-of-way for the street section plus the additional width of ~e median. . 17. Construct a center turn lane on Ustick Road for the main entrance/Ustick Road intersection. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 18. Construct a 5-foot wide concrete sidewalk on Us tick Road located two- feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. Construct a 24 to 30-foot wide driveway on Ustick Road, located 420- feet east of Meridian Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Ustick Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. Construct the main entrance off Meridian Road, located approximately 1 ,300-feet north of the south property line, as proposed. Verify that the entrance is offset a minimum of 125.feet from the proposed main entrance to Cedar Springs Subdivision on the west side of Meridian Road. Design the main entrance with a 21-foot street section for the inbound segment and construct the outbound segment with two lanes, approximately 29-feet wide. The median shall be constructed a minimum of 4-feet wide to total a minimum.of a 1O0-square foot area. Dedicate sufficient right-of-way for the street section plus the additional width of the median. Construct a center turn lane on Meridian Road for the main entrance/Meridian Road intersection to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-012) 25. 26. 27. 28. 22. Construct a 24 to 30-foot wide driveway on Meridian Road, located 440-feet north of Ustick Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Meridian Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. Construct a 5-foot wide concrete sidewalk on Meridian Road located two-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. . 23. 24. Broadwater Way shall be designated as a residential collector street with no front-on housing, because the anticipated traffic volumes will exceed 1,000 vehicle trips per day. The access restrictions for these street segments shall be stated on the final plat. District policy requires that these street segments be constructed as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. Unless otherwise approved, construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. Construct the turnarounds to provide a minimum turning radius of 45- feet. Construct a stub street to the north property line between Lot 22, Block 1, and Lot 1, Block 5 as proposed. A paved temporary turnaround at the end of the stub street is not required. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. Construct a stub street to the east property line between Lot 13, Block 5, and Lot 48, Block 10 as proposed. A paved temporary turnaround at the end of the stub street is not required. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-012) 33. 29. Provide a $30,000 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing one-quarter of the traffic signal at the intersection of Ustick Road and Meridian Road. 30. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. Relocate any irrigation facilities or utilities outside of the new right-of- way on Ustick Road or Meridian Road. 31. 32. Except for one approved driveway on Us tick Road, and one approved driveway on Meridian Road, direct lot or parcel access to Ustick Road or Meridian Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Comply with all of ACHD's Standard Requirements (9) listed within their letter dated July 9,2001. Adopt the Recommendations of the Meridian Fire Department as follows: 34. 35. 36. 37. 38. 39. 40. All Uniform Fire Codes shall be met. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 400' apart. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. Fire approval of fire hydrant locations shall be by the Fire Department. Several fire hydrants shall have to be relocated. All radii shall be 28' inside and 48' outside radius. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per 1103.2.4 of the UFc. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (ÄZ-OI-012) 42. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 41. If the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then applicant shall coordinate with the Water Superintendent for the District, concerning the installation of the pressure system. Fill out and ¡;eturn the questionnaire to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. Additionally. comply with the action of the City Council taken at their February 19, 2002 meeting as follows: 43. 44. 4. Based upon the testimony at the hearing, and the widely recognized need for infrastructUre improvements in me North Meridian Planning Area sooner, rather Ù1an later. espeåally as it respects to large developments, the Owner/Developer. as condition of annexation and zoning, shall partiåpate in the negotiations with Ada County Highway District, and shall become a party to any eventual agreements worked out by the Developer/ACHD Group. Therefore, as a condition of annexation, and as a condition of the Development Agreement, Applicant shall participate in any road infrastructure in the North Meridian Planning Area agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. There shall be a hold harmless agreement executed by the Applicant and agreed upon by the City that the applicant shall hold the City harmless for sewer service until it is available through the White Trunl, only and there is no risk to the City in doing the annexation at this time, and the applicants shall have to wait until all sewer easements are done and complete. . The City Attorney shall prepare for consideration by the City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-012) the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-B) Medium 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 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. By action of the City Council at its regular meeting held on the 51!;.. day of /?Z If/I-C/Á.." , 2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-012) COUNCILWOMAN TAMMY deWEERD VOTED ~tL COUNCILWOMAN CHERIE Me CANDLESS VOTED~ COUNCILMAN WILLIAM LM. NARY VOTED $4....- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 5'-5"'-02.. VOTED~ MOTION: APPROVE~ mSAPPROVED:- Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ByJl~ R ~ () City Clerk r FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/SUNDANCE SUBDIVISION (AZ-OI-012)