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Lochsa Falls Subdivision AZ 02-010 v. ~ PARTIES: 1. 2. 3. ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 01/24/03 12:02 PM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian Cily AMOUNT .00 51 1111111111111111111111111111111111111 103012598 DEVELOPMENT AGREEMENT City of Meridian Leroy E. Brandt, Elroy Brandt, Marty Goldsmith, Daniel and Carolyn Gibson, Jr., and Justin and Tamra Martin, Owners Farwest, liC, Developer TillS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 2/1,5£ day of .Jitr¿utVl-tf , ZPo'3, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and LEROY E. BRANDT FOR LEROY E. BRANDT FAMILY LIMITED LIABILITY PARTNERSmP AND ELROY BRANDT, 2630 W. PARKSTONE DRIVE, MERIDIAN, IDAHO 83642, ELROY BRANDT FOR LEROY E. BRANDT FAMILY LIMITED LIABILITY P ARTNERSmP AND ELROY BRANDT, 2482 WEST SAMPLE, FRESNO, CALIFORNIA 93711, MARTY GOLDSMITH, 4487 N. DRESDEN, SUITE 102, GARDEN CITY, IDAHO 83714, DANIEL G. AND CAROLYN GlliSON, JR., 19500 HWY 20/26, CALDWElL, IDAHO 83605, JUSTIN AND TAMRA MARTIN, 5606 N. TEN MILE ROAD, MERIDIAN, IDAHO 83642, hereinafter called "OWNERS", and FARWEST, liC, 4487 N. DRESDEN PLACE, SUITE 102, GARDEN CITY, IDAHO 83714, hereinafter called "DEVELOPER". 1. RECITALS: 1.1 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 1.2 WHEREAS, I.C. §67-6511A, 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 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and WHEREAS, "Owners" and "Developer" have submitted an application for annexation and zoning of the "Property" described 1.4 DEVELOPMENT AGREEMENT (AZ-O2-01O) - 1 1.5 1.6 1.7 in Exhibit A, and has requested a designation of (R-4) Low Density Residential District, (Municipal Code of the City of Meridian); and 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 ~ day of ~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 1.8 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 1.9 WHEREAS, "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, 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 DEVELOPMENT AGREEMENT (AZ-O2-01O) - 2 owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. 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 "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 LEROY E. BRANDT FOR LEROY E. BRANDT FAMILY LIMITED LIABILITY PARTNERSmP AND ELROY BRANDT, 2630 W. P ARKSTONE DRIVE, MERIDIAN, IDAHO 83642, ELROY BRANDT FOR LEROY E. BRANDT FAMILY LIMITED LIABILITY PARTNERSmP AND ELROY BRANDT, 2482 WEST SAMPLE, FRESNO, CALIFORNIA 93711, MARTY GOLDSMITH, 4487 N. DRESDEN, SUITE 102, GARDEN CITY, IDAHO 83714, DANIEL G. AND CAROLYN GillSON, JR., 19500 HWY 20/26, CALDWElL, IDAHO 83605, JUSTIN AND TAMRA MARTIN, 5606 N. TEN MILE ROAD, MERIDIAN, IDAHO 83642, the parties developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "DEVELOPER": means and refers to FAR WEST, liC, 4487 N. DRESDEN PLACE, SUITE 102, GARDEN CITY, IDAHO 83714, the parties developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". DEVELOPMENT AGREEMENT (AZ-O2-01O) - 3 3.4 3.5 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. "PRELIMINARY PLAT": means the WCHSA FAILS SUBDMSION PRELIMINARY PLAT LOCATED IN SECTION 26, TAN., R.IW., B.M. ADA COUNTY, IDAHO, DWG DATE: 03/08/02 DWG NO. 11001 SHEET: 10FPRE\11001- PRE.DWBKB, REVISIONS: 06/19/02 BKB 07/01/02 BKM 07/30/02 BKB 08/01102, BRIGGS ENGINEERING, INC., DEVELOPER: FARWEST, ILC, PLANNER: BECKY BOWCUTT. 4. 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 (C) which are herein specified as follows: Construction and development of 856 single family dwellings, 171 multiple family dwellings, 11 office buildings, 1 commercial building, 1 city park, 1 private park, and 1 future fire station lot, consistent with the Preliminary Plat and Conditional Use Permit. Development shall be consistent with the Meridian Comprehensive Plan Generalized Lane Use Map which designates the property as Single-Family Residential, 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. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: A. "Owners" and "Developer" shall develop the "Property" in accordance with all the conditions set forth in paragraph 9 of the Findings. DEVELOPMENT AGREEMENT (AZ-O2-01O) - 4 A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Remove any existing domestic wells and/ or septic systems within this project from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous to the parcel, shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation! drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. A Development Agreement shall be required as part of this annexation request. A condition of the development Agreement shall be that the Applicant participates in any road infrastructure agreements in the North Meridian Planning Area negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 2. 3. B. Adopt the following Recommendations of the ACHD as may be modified by ACHD from time to time, provided, however, notice of any proposed changes, and meaningful opportunity to comment shall be given to the City before ACHD takes any official action to modify the requirements set forth herein. Site-Specific Conditions of Approval 1. Dedicate 48 feet of right-of-way from the centerline of Linder Road, Ten Mile Road, and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The Owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the Owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). OR Dedicate 38 feet of right-of-way from the centerline of Linder Road, Ten Mile and McMillan Road abutting the parcel by means of a warranty deed. The right-of- way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD DEVEWPMENT AGREEMENT (AZ-02-01O) - 5 2. 3. 4. 5. 6. 7. 8. 9. 10. Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application tö the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). Construct a 5 foot concrete sidewalk abutting the property on McMillan Road, Ten Mile Road, and Linder Road. The sidewalk shall be constructed 2 feet within the new right-of-way. If the sidewalk is proposed to meander outside of the right- of-way, the applicant shall provide an easement to the District. Construct a main entrance, North Goddard Creek Way, to intersect McMillan Road approximately 1,100 feet east of the west property line (approximately at the half-mile). Construct a main entrance, West Cayuse Creek Drive, to intersect Linder Road located approximately 1,350 feet north of the south property line (approximately the half-mile). Construct a main entrance, Wild Goose Drive, to intersect Linder Road at the south property line. Construct a center turn lane on Linder Road for West Cayuse Creek Drive 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. Construct a center turn lane on Linder Road for West Wild Goose Drive 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 Construct a center turn lane on North Goddard Creek Way 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. Construct right-turn deceleration lanes (tapers) on Linder Road for West Cayuse Creek Drive and West Wild Goose Drive. Coordinate the design of the taper with District staff. Construct right-turn deceleration lanes (tapers) on McMillan Road for North Goddard Creek Way. Coordinate the design of the taper with District staff. Construct the internal local residential roadways as a 33 foot street with curb, gutter, and 4-foot-wide detached concrete sidewalk within 50 feet of right-of-way with parking on both sides of the roadway contingent upon approval from the Meridian Fire Department. Construct North Dry Bar A venue as a 40 foot street section with curb, gutter, and 5 foot concrete sidewalk within 54 feet of right-of-way abutting the commercial 11. 12. DEVELOPMENT AGREEMENT (AZ-O2-01O) - 6 13. 14. 15. development (approximately 350 feet). Construct West Ballinger Way and West Wild Goose Drive as 36 foot street sections with curb, gutter, and 5 foot wide concrete sidewalks with no front-on housing. The access restrictions for these street segments shall be stated on the final plat. Parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 29 foot street sections with vertical curb, gutter, and 5 foot sidewalk within 50 feet of right-of-way. 16. OR Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 33 foot street section with a 4 foot bike lane, curb, gutter, and 5 foot concrete sidewalk within 50 feet of right-of-way. Construct a 30 foot wide driveway located on McMillan Road approximately 250 feet east of the west property line which meets District policy and should be approved with this application. Construct a 25 foot shared access driveway intersecting North Goddard Creek Way approximately 420 feet north of McMillan Road extending to the west property line. Construct two shared driveways (one extending east; one extending west) located on North Dry Bar A venue approximately 350 feet south of Chinden Boulevard. Construct thirteen stub streets to the surrounding parcels. . The Applicant is proposing to construct West Apgar Drive to the east property line approximately 400 feet north of McMillan Road. . The Applicant is proposing to construct West Wapoot Court to the east property line approximately 1,100 feet north of McMillan Road. . The Applicant is proposing to construct Parachute Hill Avenue to the south property line approximately 600 feet east of the west property line. . The Applicant is proposing to construct North Chimney Peak A venue to the south property line approximately 1,650 feet east of the west property line. . The Applicant is proposing to construct West Cedar Grove Street to the east property line approximately 650 feet north of the south property line. . The Applicant is proposing to construct North Gertie Place to the north property line approximately 100 feet west of the east property line. . The Applicant is proposing to construct West Boulder Bar Street to the west property line approximately 500 feet south of Chinden Boulevard. . The Applicant is proposing to construct West Tango Creek Street to the west property line approximately 1,025 feet south of Chinden Boulevard. . The Applicant is proposing to construct North Powell Creek A venue to the north property line approximately 2,050 feet east of the west property line. 17. 18. DEVELOPMENT AGREEMENT (AZ-O2-01O) - 7 19. 20. 21. 22. 23. . The Applicant is proposing to construct West Glade Creek Street to the west property line approximately 1,500 feet south of Chinden Boulevard. . The Applicant is proposing to construct West Anatole Street to the west property line approximately 2,350 feet north of McMillan Road. . The Applicant is proposing to construct West Whitehouse Street to the west property line approximately 1,800 feet north of McMillan Road. . The Applicant is proposing to construct West Divide Creek Street to the west property line approximately 1,025 feet north of McMillan Road. Provide a paved temporary turnaround with a temporary easement provided to the District at the end of North Gertie Place, West Glade Creek Street and West Wapoot Court and a sign at the terminus of all of the stub streets stating that "TillS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 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 are required on the final plat. Construct one knuckle on North Goddard Creek Way located approximately 700 feet north of McMillan Road. The island within the knuckle shall be constructed a minimum of 4 feet wide with a minimum area of 100 square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29 foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. Construct a roundabout at the intersection of North Lochsa Way, North Goddard Creek Way and West Cayuse Creek Way with 21 foot street sections on either side of the center island. The Applicant is required to dedicate 54 feet of right-of- way plus the additional width of the island. Coordinate the size and design of the roundabout with traffic services staff. Turnarounds shall be constructed to provide a minimum turning radius of 45 feet. The Applicant will be required to provide a minimum of a 29 foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4 feet wide to total a minimum of a 100 square foot area. Dedicate 54 feet of right-of-way plus the additional width of the median. Standard Conditions of Approval 1. 2. Any existing irrigation facilities shall be relocated outside of the right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. DEVELOPMENT AGREEMENT (AZ-02-01O) - 8 3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use, and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. It is the responsibility of the Applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant or the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the Applicant to cornply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/ variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 4. 5. 6. 7. 8. 9. 10. C. Adopt the Recommendations of the Meridian Fire Department as follows: DEVELOPMENT AGREEMENT (AZ-O2-01O) - 9 1. 2. 3. 4. 5. 6. 7. 8. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. Multi-family residential on the site will require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler demand. Acceptance of the water supply for fire protection will be y the Meridian Water Department. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. All roads shall have a turning radius of 28' inside and 48' outside. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. This project proposes two types of roadway widths: Collector Standards - 33 feet and 36 feet and Local Standards - 33 feet. ACHD installs signs along the collectors indicating no parking on either side of the street. The 33 foot local standard allows for parking on both sides of the roadway. Restricted parking will be required for Blocks 2, 58, 57, 20, 36, and 28. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. More than one fire apparatus road shall be provided when it is determined by the Chief that access by a single road might be impaired by vehicle congestion, conditions of terrain, climate conditions or other factors that could limit access, as per the current UFC. 9. 10. 11. D. Adopt the Recommendations of Meridian Parks & Recreation Department as follows: 1. The Developer shall provide a minimum 25 acre park site adjacent to Ten Mile Road. The Developer shall receive 100% of the park impact fees collected from the Lochsa Falls project up to the cost of the 20.51 acres at the City's expense, and the Developer shall not be required to provide an irrigation system, rough grading, fine grading and seeding. The parties agree that the Developer's cost is $ ~t,I.103 peracreoratotalof$ -Sq.,Q,JII"I'I . In the event the City approves a City park zone system, the Developer shall be DEVELOPMENT AGREEMENT (AZ-O2-01O) - 10 entitled to apply to the City to have park impact fees from other projects in the zone that encompasses the Property paid over to the Developer until such time as the Developer has recouped its costs of the 20.51 acres. The Developer shall also donate 5 acres to the City for a future City park. 2. The Developer shall be responsible for a 14' wide hard surface pathway or section of parking lot over the utility easement running along the south boundary of the park site or the developer may construct the utilities south of the subject property within the future street alignment of the Bews parcel. If the developer chooses to construct the utilities along the south boundary of the park site, the developer shall be responsible for coordinating the location of the easement with the Parks Department. E. Adopt and comply with the action of the City Council from their October 8, 2002 meeting as follows: 1. Adopt the Accommodations made by Farwest, ILC in an August 15, 2002 memo entitled "Tony Moss" as follows, including amendments made by the Planning and Zoning Commission: a. b. A park lot will be moved to the east of the Moss parcel. On Lots 11, 12, and 13 of Block 6 east of the Moss parcel, Applicant agreed to a 25' peak building height to retain the view (one of the three lots mentioned above will be an open lot). Applicant will provide large lots on the north and south of the Moss parcel, as indicated on the Preliminary Plat. Applicant will provide a common area on the west (Lot 6 Block 6), and agreed to retain Mr. Moss's plum trees on the west, if possible. Applicant agreed to pipe any irrigation ditches contiguous to the Lochsa Falls property prior to the issuance of occupancy permits in the affected phase. Applicant agreed to construct a water feature at the McMillan Road entryway. Applicant agreed to construct a water feature at the McMillan Road entryway. Applicant agreed to deed Lot 1, Block 6 to Mr. Moss and pave a driveway across this lot if Mr. Moss relinquishes his current access easement. Applicant agreed to coordinate boundary fencing with Mr. Moss consistent with the Lochsa Falls Subdivision. c. d. e. f. g. h. The City is not aware of whether the accommodations, as recommended by the DEVELOPMENT AGREEMENT (AZ-O2-OlO) - 11 Commission and approved by the Developer, have been approved by the Mosses. If the Mosses do approve the aforementioned list, then the accommodations shall be binding upon the Developer. If Mr. and Mrs. Moss do not agree tosuch accommodations as listed, the Developer will not be bound to such terms. The Developer and the Mosses have negotiated a relinquishment of the Mosses' easement from McMillan Road to their parcel of property. If the Mosses do not agree to relinquish such easement, the Developer shall be free to dedicate as a lot the land held in easement. The Developer shall present Mr. and Mrs. Moss with a writing setting forth the Developer's agreement to such accommodations and relinquishment of the Moss' easement. In the event the Mosses do not execute the appropriate writing within a sixty (60) day period, such refusal shall be the determination that Mr. and Mrs. Moss do not agree to the referenced accommodations and relinquishment. 2. As a condition of annexation, and as a condition of the Development Agreement, applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owners" and "Developer" or "Owners" and "Developer's" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development" of subject "Property" of this agreement in accordance with Ordinances 12-3-6 and 12-2-4, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owners" and "Developer" consent upon default to the de-annexation in which there has been a default, and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owners" and "Developer" and if the "Owners" and "Developer" fails to cure such failure within six (6) months of such notice. DEVELOPMENT AGREEMENT (AZ-O2-0l0) - 12 8. 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. 9. DEFAULT: 9.1 9.2 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 Agreernent may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. A waiver by "City" of any default by "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. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreernent, 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. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. DEVELOPMENT AGREEMENT (AZ-O2-01O) - 13 12. REMEDIES: This Agreernent 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. 12.1 12.2 In the event of a rnaterial 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 complete the curing of the same with diligence and continuity. 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. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owners" and "Developer" agrees to provide, if required by the "City". 14. 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 improvernents have not been installed, completed, and accepted by the "City". DEVELOPMENT AGREEMENT (AZ-02-01O) - 14 15. 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 rneet the conditions contained in the Findings, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNERS: c/o City Engineer City of Meridian 660 E Watertower, Suite 200 Meridian, ID 83642 Leroy E. Brandt for Leroy E. Brandt Family Limited Liability Partnership and Elroy Brandt 2630 W. Parkstone Drive Meridian, Idaho 83642 Elroy Brandt for Leroy E. Brandt Family Limited Liability Partnership and Elroy Brandt 2482 West Sample Fresno, California 93711 Marty Goldsmith 4487 N. Dresden, Suite 102 Garden City, Idaho 83714 Daniel G. and Carolyn Gibson, Jr. 19500 HWY 20/26 Caldwell, Idaho 83605 Justin and Tamra Martin 5606 N. Ten Mile Road Meridian, Idaho 83642 with copy to: DEVELOPER: City Clerk Farwest, ILC DEVELOPMENT AGREEMENT (AZ-O2-010) - IS City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 4487 N. Dresden Place, Suite 102 Garden City, Idaho 83714 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 rnay 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 tirne is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited 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, DEVELOPMENT AGREEMENT (AZ-O2-01O) - 16 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 Agreernent 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. 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-O2-01O) - 17 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNERS: By: Þ-(J~' ¡!;;þvHJ!P Leroy randt for Leroy E. Brandt Family Limited Liability Partnership and Elroy Brandt ~~I' lim;œd Liability Partnership and Elroy Brandt ~~ Marty Goldsmith êr~Mr~~ C olyn Gibson ~ - ~~ Ju . Martm DEVELOPMENT AGREEMENT (AZ-O2-OlO) - 18 J~ ~~ j Tamra Martin DEVELOPER: FARWEST,LLC By: ~~f4~ .:D Attest: BY:~~ /' - ~ CITY OF MERIDIAN ~~Q fJr6..' ~C;i-.t {()klt~ "7á. "^ h->1 ¿{ e W.éM- d..- Attest: DEVELOPMENT AGREEMENT (AZ-O2-01O) - 19 STATE OF IDAHO ) :ss COUNTY OF ADA ) ~ \ day of", \a\'ÌIÆ'Z( ~ ' in the year 20<9, before me, a Notary Public, personally appeared Leroy E. Bra for Leroy E. Brandt Family Limited Liablity Partnership and Elroy Brandt, known or identified to me to be the person who executed the instrument and acknowledged to me that he executed the same. (SEAL) STATE OF CALIFORNIA ) :ss íD COUNTY OF P¿~5WD ) -h( ,;lNJ.i! On this ¡; day of v"'fA..le.,A-A Ý , in the year 2002, "r6 before me, pI-IZA13.z;77-/ ß.R-ðNJJ a Notary Public, personally appeared Elroy Brandt for Leroy E. Brandt Family Limited Liablity Partnership and Elroy Brandt, known or identified to me to be the person who executed the instrument and acknowledged to me that he executed the same. (SEAL) ~------------f 8 ELIZABETH BROWN Com",i..ion , 1.34ð389 ~. Notary PUbiic . Califomlo ~ j fresno County f - - ~~n~E>p~~Mo~26.:.~ . N~i~ Residing at:....f;W9 'F. rh4-~U). .,1=:'t-BJ:A -937:xJ Commission expires: 3-.;2.&. ~ DEVELOPMENT AGREEMENT (AZ-O2-01O) - 20 STATE OF IDAHO) :ss COUNTY OF ADA) ih J 2003 day of PIn /II" vI..{ , in the year~, before me, a NÇ;;ryPublic, personally appeareæ. . , known or identified to me to be the person who executed the instrum and acknowledged to me that he executed the same. II\~~ boWSMlÍtf ~ """\\\\\\11 ....,,~ &4.0';"', --' .~~:I ~~"-'-' " - "'0 ~.. " - - , :: i;¡: ~ : ; _..- J ~ , . , ~ \..o/.B' ..(J", : , '. v ",' --'# - 'I "" ...-.:- I, d';;, ,.."".., \"I ' STATE OFIDAHOY'I ,11;; Of 'Ø........" :ss III"""" (SEAL) Notary Public for Idaho Residing at: lJo /6.tL- :r,/L-J...d Commission expires: 1.2IlsllX./ COUNTY OF ADA) day of ~ru..mýL( , in the year 20~ before me, a Notary Public, personally appeared Daniel G. Gib n, Jr. and Carolyn Gibson, husband and wife, known or identified to me to be the person who executed the instrument and acknowledged to me that he executed the same. ~~Iq~ ot PublIc for I 0 . Residing at: Zicm~J!1;btL,J2mx to Commission expires: 7;2& -Cf1 DEVELOPMENT AGREEMENT (AZ-O2-01O) - 21 STATE OF IDAHO) :ss COUNTY OF ADA) before me" Ii ~~-:r~~tcr~f JO-KJ-lAY &ary PU~i~ep~:;~~t~> appeared Justin and Tamra Martin, husband and wife, known or identified to me to be the person who executed the instrument and ackiÎõ~ edged to me that they executed the same. (~) Þ{~,~;i~~) \.\ PI'" ..;1 '10, ;-¡""""",':,-,...l "" .1 r~ " \ "" STATE OF IDAH~""""""" :ss COUNTY OF ADA) On this r day of ~ lA.kt." ' in the year~: before me, MJ1 y:¡;j~/J I I 111 (rh.. a Notary Public, personally appeared Marty Goldsmith of pkest, LLC, known or identified to me to be the person who executed the instrument and acknowledged to me that he executed the same on behalf of said Farwest, ILC. (SEAL) ,"\\"\\11 ",~" 9.&.0":'1'1 --' ~~~~;:,:vG'~... "1 = :'-Ó ~" \ ; f;;¡: ~ # : -'- .. ~ \..01. ,,~¡ É " ", ,vBv-".-:Þ: " dl;-A """"" ",'fJ"'_: 'I,,""" Of 1Y'..,,~~ 1\\\\",,'" ~ Notary Public for Idah\' -! Residing at: 18o/,5.(¿..:J..¿;r ~ Commission expires: /..2/ Islof DEVELOPMENT AGREEMENT (AZ-O2-01O) .. 22 STATE OF IDAHO) :ss County of Ada 3 On this f'J.- \ ~ day of , in the year 200~, before me, a Notary Public, personally appear d .' ~d William G. Berg, Jr., known or identified to me toþ.~~e ~ah.\¡Ç.!!t.rK, respe&^vëJ.y, of the City of Meridian, who executed the inst.rlïtn~Iïf~~e pêr~öñûíat executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ....Nš'... ~. _._-:A;~.. . 'Ó'TA.i~.>!. lr,./~ ;.to. ~~\ : ( ì : . . J . ~ \ I : " C I. . .. ~-fom.:. ~,~~.. ...:ioI2ifõF19.t"o. ..... ... -.s hMNlS mÃ.-tk- Notary Public for Idaho Commission expires: OJ.} - 2 g ---0 q) Z:\Work\M\MeridianlMeridian 15360MILocbsa Falls Sub AZO2-010 PPI)2-009 CUPO2-012\DevelopAgr.doc DEVELOPMENT AGREEMENT (AZ-O2-01O) - 23 EXIDBIT A Lel!aI Descrintion Of Pronertv DEVELOPMENT AGREEMENT (AZ-02-01O) - 24 JAN Ø8 'Ø3 16;45 FR PUBLIC WORKS 2Ø88871297 TO CITY CLERK P.Ø2/Ø3 ANNEXATION DESCRIPTION FOR LOCHSA FAllS SUBDIVISION March 27, 2002 A portion 01 Section 213, Township <1 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly describerj as follows: Commencin¡:¡ "I' the southwest comer of the NW % CoN % Comer) of Section 26, Township 4 North, RangA 1 Wr¡st, Boise Meri<1ian, Ada County. Idaho; the REAL POINT OF BEGINNING of this d...serirlion; Thane... N 00'21'10" E 660.00 feet along the west line of said NW % to a point; Thence S 89'06'39" E 293.34 feet \0 a point; 'Thence N 00'21'10" E 297.9S feet to a point: Thenc:e S B!rOS'39" E 1016.42 feet to a point; TMnr.n N 00'29'24" F. 27~.52 feet 10 a point; Thp.ncl; N 87'02'1S" E 26R.sO feet 10 a point; Then~.<:, S 71'4R'4;>' F 141190 feet to a pOin!; lhenc.eS20't1'42"E 121.80 feet to a poinl: Th..nr,. S 5~'51'42" E 1!;1f\.60feetto a point; Then....... S 11:\'30'42" E 237..70 feel to a point; Thance S 73'36'18- E 48~.75 feet to a point on the west line of the NE % of said Section 26; Th..n..... N 00"37'36" E 1 er¡s.40 feet along said west line 10 the northwest comer of said NE % (N 'I., Comer); Thl¡lnr.p. S 89'38'20" E 18"6.50 reet along the nonn line of said NE % to a point; Thenr:e S 00"21'40" W Fir-6.84 feet to a point: Thenrp. S 119"04'32" E 545.00 feet to a point: Thenr:... S 011'55'28' W 1E'>8,OO feet to a pain!: T\)enr.p. S El9'I)4'3:!"' E 150.00 feet to a point on the east line of said NE y.; T"en...." " nn-55'2Ft" W '1125.66 feet along said east line to !he southeast comer of said NE Yo. (f": v, r.omro.(): Th...nce S 00"25'24" W è,n.oo feet along the east line of the SE % of said Section 26 to a point; rhenr:f') N 89'34':,:Iñ" W 352.71 feet to a point; IlnQllllonl"lIlI.r.rl".rl~c orT p 'r' !:":'" c>or;r= ~~ JRN 1218 '1213 16:4:5 FR PUBLIC WORKS 212188871297 TO CITY CLERK P.03/1213 Thence S 00'25'24- W 700.50 feet to a point; Thence S 89'34'36" E 352.71 feallo a point on the east line of said SE %; Thence S 00'25'24" W 368.33 feat along said east line to the southeast comar of the N Y. of said SE Yo (S 1/16 Seclions 215 <lnd 25); Thence N 119'13'14" W 2620.88 f.eet along the south line of said N Y. to the southeast comer Of the NE Yo of the SW 11. (CS 1/16 Comer) of said Section 26; ThencE' N 00'37'38" E , 85.90 feet along the east line of said SW Yo to a point; Thence N 89'22'22" W 3ñ5.9O feet to a point; Thence S 00"37'36' W lB5.90 feet to a point; Th'mr.e S 89'22'22" E 3Fi!".90 feet to the southeast corner of said NE Yo of Ihe!:MI K ThAnr.e ~ on' 37'3B" W 1.1 '°.19 feat along the east line of said SW Yo to the southeast corner of ~"ir1 ::Ow ';' (~ ./, Cnmer\, Then",... N AB'S8"!:!" W 1:101.41 feet along the: south line Of said SW Yo to the southwest comer of the SE Yo of said SW Yo rN 1/16 Sections 26 and 35); Then".!'. N 00'29'44" E 26'18.34 feet along the weslline of the E Y. Of the SW Yo 10 the southeast corner of the SW Yo of (hn. NW Yo of said Section 26; Th9nr:p. N 69"OB'53" W 1307.47 feel along the south line of the NW Y. said Section 26 to the REAl. POINT OF AEGINNING of this dascription. said parcel containing 357.15 acres, more or "'~s. Michael E. Marks, P.LS. No. 4998 ~ OCT 7 2002 MerldIan Publlc Works Dept. I 100111 lOOI.:lllllex.dcs.doc arT 17 '<'1;:> 1<:::>e TOTAL P',,12I3 PAGe;:. 03 ** TOTAL PAGe;:. Ø3 ** EXHmIT B Findin2s of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-O2-010) - 25 BEFORE THE MERIDIAN CITY COUNCIL C/C 10-08-02 IN THE MATTER OF THE ) APPLICATION OF FARWEST LLC ) AND DANIEL GffiSON, THE ) APPLICATION FOR ANNEXATION) AND ZONING OF 354.38 ACRES ) FOR PROPOSED LOCHSA FALLS) SUBDIVISION, LOCATED SOUTH) OF CHINDEN BLVD., WEST OF ) LINDER ROAD, NORTH OF ) McMILLAN ROAD AND EAST OF ) TEN MILE ROAD, MERIDIAN, ) IDAHO) Case No. AZ-O2-010 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on September 24,2002 and continued until October 8, 2002, at the hour of7:00 p.m., and Steve Siddoway of the Planning and Zoning Department, Mike Wardle, Wendell Bigham, Christie Richardson, and Becky Bowcutt, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice ofits zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-O2-0 10) 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 of the application for annexation and zoning is described in the application, and is approximately 354.38 acres in size, is located south of Chin den Blvd., west of Linder Road, north of McMillan Road and east ofTen Mile Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owners of record of the subject property are Leroy E. Brandt, Elroy Brandt, Marty Goldsmith, Sunjay Ray M.D., Daniel Gibson, Jr., and Justin and Tarnra Martin; and the applicants are Farwest, LLC and Daniel Gibson. 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-4, with the intent to develop 856 single-family dwellings, 171 multiple-family dwellings, 11 office buildings, 1 commercial building, 1 city park, 1 private park, and 1 future fire station lot, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as primarily Single-Family Residential. 7. The subject property is bordered to the north by the Spurwing County Club and the Brandt Subdivision, to the south by the Bridgetower Subdivision, and to the east and west by rural residential land. 8. There are no significant or scenic features of major importance that affect the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OFLAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSAFALLS (AZ-O2-010) 9. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed developrnent will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Remove any existing domestic wells and/ or septic systems within this project from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous to the parcel, shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation! drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. A Development Agreement shall be required as part of this annexation request. A condition of the development Agreement shall be that the Applicant participates in any road infrastructure agreements in the North Meridian Planning Area negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 2. 3. B. Adopt the following Recommendations of the ACHD as may be modified by ACHD from time to time, provided, however, notice of any proposed changes, and meaningful opportunity to comment shall be given to the City before ACHD takes any official action to modify the requirements set forth herein. Site-Specific Conditions of Approval 1. Dedicate 48 feet of right-of-way frorn the centerline of Linder Road, Ten Mile Road, and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs fIrst. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The Owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the Owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time ( currently Ordinance #195). OR Dedicate 38 feet of right-of-way from the centerline of Linder Road, Ten Mile and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-O2-0l0) 9. 13. 14. 2. purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). Construct a 5 foot concrete sidewalk abutting the property on McMillan Road, Ten Mile Road, and Linder Road. The sidewalk shall be constructed 2 feet within the new right-of- way. If the sidewalk is proposed to meander outside of the right-of-way, the applicant shall provide an easement to the District. Construct a main entrance, North Goddard Creek Way, to intersect McMillan Road approximately 1,100 feet east of the west property line (approximately at the half-mile). Construct a main entrance, West Cayuse Creek Drive, to intersect Linder Road located approximately 1,350 feet north ofthe south property line (approximately the half-mile). Construct a main entrance, Wild Goose Drive, to intersect Linder Road at the south property line. Construct a center turn lane on Linder Road for West Cayuse Creek Drive to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design ofthe turn lane with District staff. Construct a center turn lane on Linder Road for West Wild Goose Drive 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 Construct a center turn lane on North Goddard Creek Way 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. Construct right-turn deceleration lanes (tapers) on Linder Road for West Cayuse Creek Drive and West Wild Goose Drive. Coordinate the design of the taper with District staff. Construct right-turn deceleration lanes (tapers) on McMillan Road for North Goddard Creek Way. Coordinate the design of the taper with District staff. Construct the internal local residential roadways as a 33 foot street with curb, gutter, and 4-foot-wide detached concrete sidewalk within 50 feet of right-of-way with parking on both sides of the roadway contingent upon approval from the Meridian Fire Department. Construct North Dry Bar A venue as a 40 foot street section with curb, gutter, and 5 foot concrete sidewalk within 54 feet of right-of-way abutting the commercial development (approximately 350 feet). Construct West Ballinger Way and West Wild Goose Drive as 36 foot street sections with curb, gutter, and 5 foot wide concrete sidewalks with no ITont-on housing. The access restrictions for these street segments shall be stated on the final plat. Parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 29 foot street sections with vertical curb, gutter, and 5 foot sidewalk within 50 feet of right-of-way. 3. 4. 5. 6. 7. 8. 10. 11. 12. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-02-0 1 0) 19. 20. 15. OR Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 33 foot street section with a 4 foot bike lane, curb, gutter, and 5 foot concrete sidewalk within 50 feet of right-of-way. Construct a 30 foot wide driveway located on McMillan Road approximately 250 feet east of the west property line which meets District policy and should be approved with this application. Construct a 25 foot shared access driveway intersecting North Goddard Creek Way approximately 420 feet north of McMillan Road extending to the west property line. Construct two shared driveways (one extending east; one extending west) located on North Dry Bar Avenue approximately 350 feet south of Chin den Boulevard. Construct thirteen stub streets to the surrounding parcels. . The Applicant is proposing to construct West Apgar Drive to the east property line approximately 400 feet north of McMillan Road. . The Applicant is proposing to construct West Wapoot Court to the east property line approximately 1,100 feet north of McMillan Road. . The Applicant is proposing to construct Parachute Hill Avenue to the south property line approximately 600 feet east of the west property line. . The Applicant is proposing to construct North Chimney Peak Avenue to the south property line approximately 1,650 feet east of the west property line. . The Applicant is proposing to construct West Cedar Grove Street to the east property line approximately 650 feet north of the south property line. . The Applicant is proposing to construct North Gertie Place to the north property line approximately 100 feet west of the east property line. . The Applicant is proposing to construct West Boulder Bar Street to the west property line approximately 500 feet south of Chinden Boulevard. . The Applicant is proposing to construct West Tango Creek Street to the west property line approximately 1,025 feet south of Chinden Boulevard. . The Applicant is proposing to construct North Powell Creek Avenue to the north property line approximately 2,050 feet east of the west property line. . The Applicant is proposing to construct West Glade Creek Street to the west property line approximately 1,500 feet south of Chinden Boulevard. . The Applicant is proposing to construct West Anatole Street to the west property line approximately 2,350 feet north of McMillan Road. . The Applicant is proposing to construct West Whitehouse Street to the west property line approximately 1,800 feet north of McMillan Road. . The Applicant is proposing to construct West Divide Creek Street to the west property line approximately 1,025 feet north of McMillan Road. Provide a paved temporary turnaround with a temporary easement provided to the District at the end of North Gertie Place, West Glade Creek Street and West Wapoot Court and a sign at the terminus of all of the stub streets stating that "TillS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. Any proposed landscape islands/ medians within the public right-of-way dedicated by this 16. 17. 18. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-02-010) 1. 2. 3. 4. 21. plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. - Construct one knuckle on North Goddard Creek Way located approximately 700 feet north of McMillan Road. The island within the knuckle shall be constructed a minimum of 4 feet wide with a minimum area of 100 square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29 foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. Construct a roundabout at the intersection of North Lochsa Way, North Goddard Creek Way and West Cayuse Creek Way with 21 foot street sections on either side of the center island. The Applicant is required to dedicate 54 feet of right-of-way plus the additional width of the island. Coordinate the size and design of the roundabout with traffic services staff. Turnarounds shall be constructed to provide a minimum turning radius of 45 feet. The Applicant will be required to provide a minimum of a 29 foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4 feet wide to total a minimum of a 100 square foot area. Dedicate 54 feet of right-of-way plus the additional width of the median. 22. 23. Standard Conditions of Approval 5. Any existing irrigation facilities shall be relocated outside of the right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use, and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. It is the responsibility of the Applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The 6. 7. 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-O2-010) 9. c. 2. 4. 10. Applicant shall contact ACHD Traffic Operations 387-6190 in the event any AcrID conduits (spare or filled) are compromised during any phase of construction. . No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant of the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change trom the Ada County Highway District. Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/ variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. Multi-family residential on the site will require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler demand. Acceptance of the water supply for fire protection will be by the Meridian Water Department. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. All roads shall have a turning radius of 28' inside and 48' outside. Insure that all yet undeveloped parcels are maintained tree of combustible vegetation per section 1103.204 of the Uniform Fire Code. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. This project proposes two types of roadway widths: Collector Standards - 33 feet and 36 feet and Local Standards - 33 feet. ACHD installs signs along the collectors indicating no parking on either side of the street. The 33 foot local standard allows for parking on both sides of the roadway. Restricted parking will be required for Blocks 2, 58, 57, 20, 36, and 28. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. More than one fire apparatus road shall be provided when it is determined by the Chief that access by a single road might be impaired by vehicle congestion, conditions of terrain, climate conditions or other factors that could limit access, as per the current UFC. 3. 5. 6. 7. 8. 9. 10. 11. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-02-0 1 0) E. D. 1. 2. 1. Adopt the Recommendations of Meridian Parks & Recreation Department as' follows: The Developer shall provide a minimum 25 acre park site adjacent to Ten Mile Road. The Developer shall receive 100% of the park impact fees collected from the Lochsa Falls project up to the cost of the 20.51 acres at the City's expense, and the Developer shall not be required to provide an irrigation system, rough grading, fine grading and seeding, and said reimbursement shall not be limited to this development. The Developer shall also donate to the City 5 acres for a future City park. The Developer shall be responsible for a 14' wide hard surface pathway or section of parking lot over the utility easement running along the south boundary of the park site or the developer may construct the utilities south of the subject property within the future street alignment of the Bews parcel. If the developer chooses to construct the utilities along the south boundary of the park site, the developer shall be responsible for coordinating the location of the easement with the Parks Department. Adopt and comply with the action of the City Council from their October 8, 2002 meeting as follows: Adopt the Accommodations made by Farwest, LLC in an August 15,2002 memo entitled "Tony Moss" as follows, including amendments made by the Planning and Zoning Commission: a. b. A park lot will be moved to the east of the Moss parcel. On Lots 11, 12, and 13 of Block 6 east of the Moss parcel, Applicant agreed to a 25' peak building height to retain the view (one of the three lots mentioned above will be an open lot). Applicant will provide large lots on the north and south of the Moss parcel, as indicated on the Preliminary Plat. Applicant will provide a common area on the west (Lot 6 Block 6), and agreed to retain Mr. Moss's plum trees on the west, if possible. Applicant agreed to pipe any irrigation ditches contiguous to the Lochsa Falls property prior to the issuance of occupancy permits in the affected phase. Applicant agreed to construct a water feature at the McMillan Road entryway. Applicant agreed to deed Lot 1, Block 6 to Mr. Moss and pave a driveway across this lot if Mr. Moss relinquishes his current access easement. Applicant agreed to coordinate boundary fencing with Mr. Moss consistent with the Lochsa Falls Subdivision. c. d. e. f. g. h. The City is not aware of whether the accommodations, as amended by the Commission and approved by the Developer, have been approved by the Mosses. Ifthe Mosses do approve the aforementioned list, then the accommodations shall be binding upon the Developer. IfMr. and Mrs. Moss do not agree to such accommodations as listed, the Developer will not be bound to such terms. The Developer and the Mosses have FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-O2-O10) negotiated a relinquishment of the Mosses' easement from McMillan Road to their parcel of property. If the Mosses do not agree to relinquish such easement, the Developer shall be free to dedicate as a lot the land held in easement. The Developer shall present Mr. and Mrs. Moss with a writing setting forth the Developer's agreement to such accommodations and relinquish of the Moss' easement. In the event the Mosses do not execute the appropriate writing within a sixty (60) day period, such refusal shall be the determination that Mr. and Mrs. Moss do not agree to the referenced accommodations and relinquishment. 2. As a condition of annexation, and as a condition of the Development Agreement, applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 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 ofthe 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 Low Density Residential District (R-4) 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-O2-01O) the subject property as Mixed Planned Use Development. 13. The subject annexation request and zoning designation and proposed development relates to and is compatible with the goals and policies of the Comprehensive Plan of the City as follows: Goals Section Goal 3, Goal 4, Goal 8, and Goal 9 Economic Development 1.1, 1.3, 1.5, 3.lU, and 3.2U Land Use 1.100,2.10,2040,3.7, 4.3U, 5.9, 5.12, 5.13, and 5.14 Natural Resource & Hazardous Areas 2.lU, 3.lU, and 3.20 CommunitY Design 1.3, 1.4, 2.lU, 2.3U, 6.2U and 6.1lU Transportation Chapter 1.190, and 1.18 14. The requested zoning designation ofR-4 is harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which designates the land to be primarily "Single-Family Residential", with a park. The draft Comprehensive Plan Future Land Use Map designates this area as both Low Density (3 d.u.lacre and below) and Medium Density Residential (3-8 d.u.lacre). Although, the Schedule of Use Control states that only detached single-family dwellings are permitted within the R- zone, the Planned Development Ordinance allows a mixture of different housing types, (townhouses, duplexes and detached single-family dwellings) within a single planned development, regardless of the underlying zone, so long as the overall density of the underlying zone is not exceeded. Accordingly, the overall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXA nON AND ZONINGILOCHSA FALLS (AZ-O2-0 1 0) density of the residential portion of the planned development is approximately 3 A dwelling units per acre (gross). Furthermore, the Planned Development Ordinance allows for up to 20% of the land within a planned development to be used in a manner that the underlying zone would typically prohibit. Therefore, the proposed office and commercial uses comply with the Comprehensive Plan's land use designations. 15. It is not anticipated that the land to be annexed will be rezoned in the future. 16. It is found that the property will be developed in a manner consistent with the new zoning and/or consistent with allowable Planned Development uses (e.g. 20% excepted uses). 17. It is found that the recent annexation and zoning of the Bridgetower Subdivision to the west and south of proposed Lochsa Falls is a significant change in the area, and that Bridgetower is a Planned Development similar to the proposed Lochsa Falls Subdivision. The four (4) arterial streets abutting this mile section are not planned for improvements in Ada County Highway District's Five Year Work Program. However, the Ustick/Ten Mile intersection is slated for a new signal within the next 3-4 years. 18. It is found that the proposed uses (primarily residential) match the intended character of the vicinity, as noted on the Generalized Land Use Map. It is also found that the proposed uses can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character ofthe surrounding area with the possible exception being the creation of a number of small county enclaves that will be surrounded by the new uses. However, the majority of the enclaves are rural-residential and are surrounded by residential uses. The existing character of the area will change, especially upon build-out of the proposed project. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-O2-010) 19. It is not anticipated that the proposed uses will be hazardous to future or existing neighbors. A potential disturbance may be with the existing agricultural uses, which could be adequately addressed through the Right-to-Farm clause in Idaho State Code. 20. It is anticipated that because of the phasing pattern proposed by the applicant, significant amounts of off-site sewer and water main extensions will be necessary. The Sewer Master Plan proposes the North Slough Trunk traversing through this proposed development. By starting the phasing on the opposite side of the section from where the North Slough Sewer Trunk begins traversing east (i.e. Ten Mile Road), the rnuting locks proposed roadway alignments into place. If the phasing plan is approved, the applicant will be required to construct water mains and the trunk line through the projects roadway system within the normal utility corridors. No service lines will be allowed in the off-site segments. The applicant will also be required to construct an all weather 14-foot wide paved access road over the off-site segments within this project. 21. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. Although a detailed analysis was not done specifically on Lochsa Falls, it is generally found that tax revenues generated by urban residential development do not pay for the long-term provision of these urban services. It is found that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 22. It is found that that proposed residential, office and com.mercial uses themselves will not be detrimental. However, it is found that the proposed uses will create additional traffic FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-O2-010) on Linder, Ten Mile, and McMillan Roads and Chinden Blvd. The Traffic Impact Study provided by the Applicant states that the development is estimated to generate 12,480 additional vehicle trips per day (20 existing). It is also noted that the mixed use nature of the proposed development will encourage a higher degree of trip capture within the square mile (estimated at 10% of total trips). In this regard, the "excessive production" of traffic is lessened versus a project without accessible neighborhood services. It is not anticipated that the proposed uses will create excessive noise, smoke, fumes, glare or odors. 23. The ACHD Commission has reviewed and approved the vehicular approaches to Lochsa Falls Subdivision off ofTen Mile, Linder and McMillan Roads. The Idaho Transportation Department (ITD) has also reviewed and approved the subdivision and has limited access to State Highway 20 & 26 (Chinden) to the half-mile collector street (N. Lochsa Way). ITD required the elimination of the proposed access road to Chinden that is east of the half-mile collector (N. Dry Bar). This will help to reduce future interference with traffic turning off of the existing highway into the proposed subdivision. The applicant's traffic study finds that, at build-out, all four (4) arterial road intersections at the corners of Section 26 will be at a LOS F. The existing, no-build McMillanlLinder Road and ChindenlLinder Road intersections are found to need improvement with widening of all four approaches. The ChindenlTen Mile intersection needs to be improved with widening of the northbound approach. It is found that a Collector roadway connecting the subdivision to Ten Mile Road is warranted by the scale of this development and the lack of access to the proposed city park from within the subdivision. It is also found that the applicant has proposed adequate connections to adjacent, undeveloped properties; thirteen (13) stub-streets for interconnectivity are proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-O2-O10) 24. It is found that the annexation of this property would be in the best interest of the City by providing a variety of housing types, the addition of employment opportunities and the creation of additional recreation facilities (pathways and parks). 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 the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals Section Goal 3, Goal 4, Goal 8, and Goal 9 Economic Development 1.1, 1.3, 1.5, 3.1U, and 3.2U Land Use 1.10U, 2.1U, 2AU, 3.7, 4.3U, 5.9, 5.12, 5.13, and 5.14 Natural Resource & Hazardous Areas FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-02-0 10) 2.1U, 3.1U, and 3.2U Communitv Design 1.3, 1.4, 2.1U, 2.3U, 6.2U and 6.11U Transportation Chapter 1.19U, and 1.18 5. The zoning of Low Density Residential District (R-4) is defined in the Zoning Ordinance at § 11-7-2 C as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment oflow density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The CitY ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances ofthe City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-l6-4A 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-02-0 I 0) 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 354.38 acres to Low Density Residential District (R-4) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 354.38 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Remove any existing domestic wells and/ or septic systems within this project from their domestic service per City Ordinance Section 5-7-517. Wells maybe used for non- domestic purposes such as landscape irrigation. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous to the parcel, shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation! drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. A Development Agreement shall be required as part of this annexation request. A condition of the development Agreement shall be that the Applicant participates in any road infrastructure agreements in the North Meridian Planning Area negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 2. 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LOCHSA FALLS (AZ-O2-010) 4. 6. 7. B.. Adopt the following Recommendations of the ACHD as may be modified by ACHD from time to time Adopt the following Recommendations of the ACHD as may be-modified by ACHD from time to time, provided, however, notice of any proposed changes, and meaningful opportunity to comment shall be given to the City before ACHD takes any official action to modify the requirements set forth herein. Site-Specific Conditions of Approval I. Dedicate 48 feet of right-of-way from the centerline of Linder Road, Ten Mile Road, and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the Applicant prior to scheduling the fmal plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The Owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the Owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). OR Dedicate 38 feet of right-of-way from the centerline of Linder Road, Ten Mile and McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs rust. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance # 195). Construct a 5 foot concrete sidewalk abutting the property on McMillan Road, Ten Mile Road, and Linder Road. The sidewalk shall be constructed 2 feet within the new right-of- way. lfthe sidewalk is proposed to meander outside of the right-of-way, the applicant shall provide an easement to the District. Construct a main entrance, North Goddard Creek Way, to intersect McMillan Road approximately 1,100 feet east of the west property line (approximately at the half-mile). Construct a main entrance, West Cayuse Creek Drive, to intersect Linder Road located approximately 1,350 feet north of the south property line (approximately the half-mile). Construct a main entrance, Wild Goose Drive, to intersect Linder Road at the south property line. Construct a center turn lane on Linder Road for West Cayuse Creek Drive 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. Construct a center turn lane on Linder Road for West Wild Goose Drive to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure 2. 3. 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-O2-0 1 0) 9. 13. 14. 15. 16. 17. 18. 8. directions. Coordinate the design of the turn lane with District staff Construct a center turn lane on North Goddard Creek Way 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. Construct right-turn deceleration lanes (tapers) on Linder Road for West Cayuse Creek Drive and West Wild Goose Drive. Coordinate the design of the taper with District staff. Construct right-turn deceleration lanes (tapers) on McMillan Road for North Goddard Creek Way. Coordinate the design of the taper with District staff. Construct the internal local residential roadways as a 33 foot street with curb, gutter, and 4-foot-wide detached concrete sidewalk within 50 feet of right-of-way with parking on both sides of the roadway contingent upon approval from the Meridian Fire Department. Construct North Dry Bar A venue as a 40 foot street section with curb, gutter, and 5 foot concrete sidewalk within 54 feet of right-of-way abutting the commercial development (approximately 350 feet). Construct West Ballinger Way and West Wild Goose Drive as 36 fòot street sections with curb, gutter, and 5 foot wide concrete sidewalks with no front-on housing. The access restrictions for these street segments shall be stated on the final plat. Parking shall be prohibited on these street segments. Coordinate the signage plan with District staff. Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 29 foot street sections with vertical curb, gutter, and 5 foot sidewalk within 50 feet of right-of-way. 10. 11. 12. OR Construct West Cayuse Creek Drive, North Goddard Creek Way, North Lochsa Way as 33 foot street section with a 4 foot bike lane, curb, gutter, and 5 foot concrete sidewalk within 50 feet of right-of-way. Construct a 30 foot wide driveway located on McMillan Road approximately 250 feet east of the west property line which meets District policy and should be approved with this application. Construct a 25 foot shared access driveway intersecting North Goddard Creek Way approximately 420 feet north of McMillan Road extending to the west property line. Construct two shared driveways (one extending east; one extending west) located on North Dry Bar A venue approximately 350 feet south of ChIDden Boulevard. Construct thirteen stub streets to the surrounding parcels. . The Applicant is proposing to construct West Apgar Drive to the east property line approximately 400 feet north of McMillan Road. . The Applicant is proposing to construct West Wapoot Court to the east property line approximately 1,100 feet north of McMillan Road. . The Applicant is proposing to construct Parachute Hill Avenue to the south property line approximately 600 feet east of the west property line. . The Applicant is proposing to construct North Chimney Peak Avenue to the south property line approximately 1,650 feet east of the west property line. . The Applicant is proposing to construct West Cedar Grove Street to the east property line approximately 650 feet north of the south property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-O2-0 1 0) 20. 21. 22. 23. 1. 19. . The Applicant is proposing to construct North Gertie Place to the north property line approximately 100 feet west ofthe east property line. . . The Applicant is proposing to construct West Boulder Bar Street to the west property line approximately 500 feet south of Chin den Boulevard. . The Applicant is proposing to construct West Tango Creek Street to the west property line approximately 1,025 feet south of Chin den Boulevard. . The Applicant is proposing to construct North Powell Creek Avenue to the north property line approximately 2,050 feet east of the west property line. . The Applicant is proposing to construct West Glade Creek Street to the west property line approximately 1,500 feet south of Chinden Boulevard. . The Applicant is proposing to construct West Anatole Street to the west property line approximately 2,350 feet north of McMillan Road. . The Applicant is proposing to construct West Whitehouse Street to the west property line approximately 1,800 feet north of McMillan Road. . The Applicant is proposing to construct West Divide Creek Street to the west property line approximately 1,025 feet north of McMillan Road. Provide a paved temporary turnaround with a temporary easement provided to the District at the end of North Gertie Place, West Glade Creek Street and West Wapoot Court and a sign at the terminus of all of the stub streets stating that "TillS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 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 are required on the fmal plat. Construct one knuckle on North Goddard Creek Way located approximately 700 feet north of McMillan Road. The island within the knuckle shall be constructed a minimum of 4 feet wide with a minimum area of 100 square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29 foot street section. The design shall be reviewed and approved by ACHD's Planning and Development staff. Construct a roundabout at the intersection of North Lochsa Way, North Goddard Creek Way and West Cayuse Creek Way with 21 foot street sections on either side of the center island. The Applicant is required to dedicate 54 feet of right-of"way plus the additional width of the island. Coordinate the size and design of the roundabout with traffic services staff. Turnarounds shall be constructed to provide a minimum turning radius of 45 feet. The Applicant will be required to provide a minimum of a 29 foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4 feet wide to total a minimum of a 100 square foot area. Dedicate 54 feet of right-of-way plus the additional width of the median. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-O2-O10) 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. - Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use, and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. It is the responsibility of the Applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant of the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiverl variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 3. 4. 5. 6. 7. 8. 9. 10. c. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-02-010) E. 3. Multi-family residential on the site will require a fife-flow of 1500 GPM plus the amount required by the fire sprinkler demand. - Acceptance of the water supply for fire protection will be by the Meridian Water Department. Final approval of the fife hydrant locations shall be by the Meridian Fire Department. All roads shall have a turning radius of28' inside and 48' outside. Insure that all yet undeveloped parcels are maintained ftee of combustible vegetation per section 1103.204 of the Uniform Fire Code. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. This project proposes two types of roadway widths: Collector Standards - 33 feet and 36 feet and Local Standards - 33 feet. ACHD installs signs along the collectors indicating no parking on either side of the street. The 33 foot local standard allows for parking on both sides of the roadway. Restricted parking will be required for Blocks 2, 58, 57, 20, 36, and 28. Operational fife hydrants and temporary or permanent street signs are required before combustible construction begins. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turnaround. More than one fire apparatus road shall be provided when it is determined by the Chief that access by a single road might be impaired by vehicle congestion, conditions of terrain, climate conditions or other factors that could limit access, as per the current UFC. 4. 5. 6. 7. 8. 9. 10. 11. D. Adopt the Recommendations of Meridian Parks & Recreation Department as follows: 1. The Developer shall provide a minimum 25 acre park site adjacent toTen Mile Road. The Developer shall receive 100% of the park impact fees collected ftom the Lochsa Falls project up to the cost of the 20.51 acres at the City's expense, and the Developer shall not be required to provide an irrigation system, rough grading, fine grading and seeding, and said reimbursement shall not be limited to this development. The Developer shall also donate to the City 5 acres for a future City park. The Developer shall be responsible for a 14' wide hard surface pathway or section of parking lot over the utility easement running along the south boundary ofthe park site or the developer may construct the utilities south of the subject property within the future street alignment of the Bews parcel. If the developer chooses to construct the utilities along the south boundary of the park site, the developer shall be responsible for coordinating the location of the easement with the Parks Department. 2. Adopt and comply with the action of the City Council ftom their October 8, 2002 meeting as follows: 1. Adopt the Accommodations made by Farwest, LLC in an August 15, 2002 memo entitled "Tony Moss" as follows, including amendments made by the Planning and Zoning Commission: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-O2"O10) a. b. A park lot will be moved to the east of the Moss parcel. On Lots 11, 12, and 13 of Block 6 east of the Moss parcel, Applicant agreed to a 25' peak building height to retain the view (one of the three lots mentioned above will be an open lot). Applicant will provide large lots on the north and south of the Moss parcel, as indicated on the Preliminary Plat. Applicant will provide a common area on the west (Lot 6 Block 6), and agreed to retain Mr. Moss's plum trees on the west, if possible. Applicant agreed to pipe any irrigation ditches contiguous to the Lochsa Falls property prior to the issuance of occupancy permits in the affected phase. Applicant agreed to construct a water feature at the McMillan Road entryway. Applicant agreed to deed Lot 1, Block 6 to Mr. Moss and pave a driveway across this lot if Mr. Moss relinquishes his current access easement. Applicant agreed to coordinate boundary fencing with Mr. Moss consistent with the Lochsa Falls Subdivision. c. d. e. f. g. h. The City is not aware of whether the accommodations, as amended by the Commission and approved by the Developer, have been approved by the Mosses. If the Mosses do approve the aforementioned list, then the accommodations shall be binding upon the Developer. If Mr. and Mrs. Moss do not agree to such accommodations as listed, the Developer will not be bound to such terms. The Developer an the Mosses have negotiated a relinquishment of the Mosses' easement from McMillan Road to their parcel of property. If the Mosses do not agree to relinquish such easement, the Developer shall be free to dedicate as a lot the land held in easement. The Developer shall present Mr. and Mrs. Moss with a writing setting forth the Developer's agreement to such accommodations and relinquish of the Moss' easement. In the event the Mosses do not execute the appropriate writing within a sixty (60) day period, such refusal shall be the determination that Mr. and Mrs. Moss do not agree to the referenced accommodations and relinquishment. As a condition of annexation, and as a condition of the Development Agreement, applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 2. 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-4) Low Density Residential District, and Meridian City Code § 11-7- 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-O2-010) 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 ofthe 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 ofthis 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 /1R day of w.Wn~ ,2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE Mc CANDLESS VOTED~ COUNCILMAN WILLIAM LM. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1'2.-11-0'2... VOTED-=- MOTION: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSA FALLS (AZ-O2-01O) AP;;OVED:~ffiAPPROVED:----- By:JI~Þ ~ r; Dated: City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGILOCHSAFALLS (AZ-O2-O10)