Parkstone Subdivision AZ 02-033
PARTIES:
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 05123103 12:00 PM
DEPUTY Michelle Turner
RECORDED-REQUEST OF
Meridian City
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103085229
DEVELOPMENT AGREEMENT
1.
2.
3.
City of Meridian
Tom E. Davis and Sue C. Davis, Owners
HiIlview Development, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 6 -Ii: day of I11..tlte ' 2003, by and between CITY OF ,
MERIDIAN, a municipal corporation of eState ofIdaho, hereafter called "CITY', ana
TOM E. DAVIS AND SUE C. DAVIS, husband and wife, hereinafter called
"OWNERS", whose address is 2740 E. USTICK ROAD, MERIDIAN, IDAHO 83642,
and HILL VIEW DEVELOPMENT CORPORATION, hereinafter called
"DEVELOPER", whose address is ISO E. AIKENS, SUITE A, EAGLE, IDAHO 83616.
1.
RECITALS:
1.2
1.3
1.4
1.1
WHEREAS, "OWNERS" are the sole owners, in law and/or
equity, of certain tract ofland in the County of Ada, State ofIdaho,
described in Exhibit A for each owner, which is attached hereto
and by this reference incorporated herein as if set forth in full,
herein after referred to as the "Property"; and
WHEREAS, I.C. § 67-651 lA, Idaho Code, provides that cities
may, by ordinance, require or permit as' a condition of re-zoning ,
that the "Owners" or "Developer" mak~ a written commitment
concerning the use or development of the subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
WHEREAS, "Owners" and "Developer" have submitted an
application for annexation and zoning ofthe "Property's"
described in Exhibit A, and has requested a designation of (R -8)
Medium Density Residential District, (Municipal Code of the City
of Meridian); and
DEVELOPMENT AGREEMENT (AZ-O2-033)
PAGE 1 of23
,
1.8
1.9
1.9
1.5
WHEREAS, "Owners" and "Developer" made representations at
the public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
subject "Property" wiIl be developed and what improvements wiIl
be made; and
1.6
WHEREAS, record ofthe 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
",I , .
WHEREAS, City Council, the 2.2.. day of Pry:x-Il , 2003,
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
1.7
WHEREAS, the Findings require the "Owners" and "Developer"
to enter into a development agreement before the City Council
takes final action on annexation and zoning designation; and
"OWNERS" and "DEVELOPER" deem it to be in its best
interest to be able to enter into this Agreement and acknowledges
that this Agreement was entered into voluntarily and at its urging
and requests; and
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 ftom government subdivisions providing
services within the planning jurisdiction and ftom affected property
owners and to ensure annexation and zoning designation is in
accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6, 2003, Resolution No. 02-382, and the
DEVELOPMENT AGREEMENT (AZ-O2-033)
PAGE 2 of23
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:
3.2
3.3
3.4
4.
3.1
"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 ofIdaho, organized and existing by virtue
oflaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
"OWNERS": means and refers to Tom E. Davis and Sue C.
Davis, husband and wife, whose address is 2740 E. Ustick Road,
Meridian, Idaho 83642, the parties developing said "Property" and
shall include any subsequent owner(s)/developer(s) ofthe
"Property".
"DEVELOPER": means and refers to HiIlview Development
Corporation, whose address is 150 E. Aikens, Suite A, Eagle,
Idaho 83616, the party developing said "Property" and shall
include any subsequent owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-8 attached hereto and by this reference incorporated
herein as if set forth at length.
USES PERMITTED BY THIS AGREEMENT:
DEVELOPMENT AGREEMENT (AZ-02-033)
PAGE 3 of23
"
4.1
The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian
City Code Section 11-7-2 (D.) which are herein specified as
follows:
Construction and development for a Planned Development
consisting of 275 single-jamily detached building lots, 52
townhouse lots, 4 office lots, 2 commercial lots, 1 mini storage
lot, 1 pocket park, 1 City "Neighborhood" Park, and 32 common
lots.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and
"Developer" have submitted to "City" an application for conditional use permit, and shall
be required to obtain the "City's" approval thereof, in accordance to the City's Zoning &
Development Ordinance criteria, therein, provided, prior to, and as a condition of, the
commencement of construction of any buildings or improvements on the "Property" that
require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A
"Owners" and "Developer" shall develop the "Property" in accordance
with the following special conditions:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
ANEXATION AND ZONING CONDTIONS OF APPROVAL
1. Remove any existing domestic wells and/or septic systems within this project
ftom their domestic service, per City Ordinance Section 5-7-517, when services are
available ftom the City of Meridian. Wells maybe used for non-domestic purposes
such as landscape irrigation. The Davis home (2740 Ustick) shall connect to City
services when the phase of the proposed subdivision that includes the house is
submitted for final plat.
2.
All future commercial uses shall obtain detailed conditional use permits prior
DEVELOPMENT AGREEMENT (AZ-O2-033)
PAGE 4 of23
"
to development. T he conditional use permits wiIl place limits on the hours of
operation ofthe commercial uses. Owner shall be allowed continued use of the land
for agricultural and livestock purposes (not to exceed 150 head of cattle) until
12/21/05 or final plat approval of all phases.
B.
Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval (Upon Development)
1. Dedicate 48-feet of right-of-way ftom the centerline of Us tick 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 #196), if funds are available.
2. Construct a 5-foot concrete sidewalk located 2-feet within the new right-
of-way. If the sidewalk meanders outside of the right-of-way, provide the District
with an easement for the sidewalk.
3. Construct North Park Place Way (a residential collector) to interest Ustick
Road approximately 630-feet east of the west property line, as proposed.
4. Construct North Leslie Way (commercial roadway) to intersect Ustick
Road to align with North Leslie Way on the south side of Us tick Road.
5. Construct North Leslie Way as a 40-foot street section with vertical curb,
gutter and 5-foot concrete sidewalk within 54-feet of right-of-way for
approximately 540-feet north of Us tick Road.
6. Construct North Park Place Way as a residential collector extending ftom
Ustick Road north to East Bowman Street as a 36-foot street sections with vertical
curb, gutter, 5-foot concrete sidewalk on the west side of the roadway and a 10-
foot asphalt pathway on the east side of the roadways within 50-feet ofright-of~
way, as proposed. The asphalt pathway must be owned and maintained by the
homeowners association. Front on housing or direct access will be prohibited.
DEVELOPMENT AGREEMENT (AZ-O2-033)
PAGE 5 of23
These restrictions shall be noted on the final plat. Parking wiIl also be prohibited
on this roadway. Coordinate the signage plan with District staff.
7. Construct North Leslie Way (ftom 540-feet north of Us tick Road to East
Nakano Drive), East Nakano Drive and North Dixon Avenue (ftom East Nakano
Drive to East Herons Crossing Drive) as 36-foot street sections with rolled curb,
gutter and 5-foot concrete sidewalk within 50-feet of right-of-way, as proposed.
8. Construct East Herons Crossing as a 33-foot street section with vertical
curb, gutter and 5-foot concrete sidewalk within 50-feet of right-of-way to match
the improvements that were approved with the Education Campus Subdivision.
9. Construct North Leslie Way (north of East Nakano Drive, North Mahoney
Avenue, North Petty Way, East Omera Street, East Charleton Street, North
Gaviola Avenue, East Woolsey Street, East Satterfield Street, North Dixon
Avenue (between East Van Oker Street and East Satterfield Street, between East
Conner Street and East Bowman Street, and north of East Herons Crossing), East
Summer Dawn Drive, East Van Oker Street, North Cafferty Way, North Hawkins
Avenue, East Conner Street, East Bowman Street North Pandratz Way, East Vigle
Way, East Troxell Drive and North Conley Drive as 33-foot street sections with
rolled curb, gutter and 5-foot concrete sidewalk with parking on both sides ofthe
roadway within 50-feet of right-of-way, as proposed. Submit documentation
showing that the fire department has reviewed and approved the proposed street
section.
10. Construct East Swindell Drive as a 29-foot street section with curb, gutter
and 5-foot concrete sidewalk with parking on one side of the roadway within 42-
feet of right-of-way, as sproposed. Parking will be restricted to one side ofthe
roadway. Coordinate the signage plan with District staff.
11. Extend East Summer Dawn Drive ftom the west property line
approximately 400-feet north of Us tick Road.
12. Extend East Herons Crossing Drive ftom the west property line
approximately 610- feet south of the north property line, as proposed.
13. Construct a stub street, North Conley Avenue, to the north property line
approximately 8,500-feet east of the west property line, as proposed. Install a sign
at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED
IN THE FUTURE".
DEVELOPMENT AGREEMENT (AZ-O2-033)
PAGE 6 of23
14. Utilize the driveway that intersects Ustick Road approximately 200-feet
west of North Leslie Way for the existing single-family residential home, as
proposed. Eliminate this driveway once the residential use is no longer present.
15. Construct a shared driveway on the east side of North Leslie Way for
commercial lots I and 2, as proposed. Provide the District with a cross-access
agreement for the parcels to access the public roadway system.
16. Construct a shared driveway on the west side of North Leslie Way for
office lots 2, 3, 4 and 5, as proposed. Provide the District with a cross-access
agreement for the parcels to access the public roadway system.
17. Construct a driveway to intersect with North Park Place Way on the east
side of the roadway approximately 160-feet north of East Van Oker Street, as
proposed.
18. Construct one cul-de-sac turnaround with a center island, as proposed.
Provide a minimum turning radius of 45-feet for the turnaround. . 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.
19. Construct four knuckles without islands throughout the subdivision, as
proposed.
20. Construct islands within the right-of-way of North Leslie Way, North Park
Place Way and East Bowman Street, as proposed. Provide a minimum clear
distance of21-feet (measured back-of-curb to back-of-curb). Any proposed
landscape islands/medians within the public right-of-way dedicated by this plat
shall be owned and maintained by a homeowners association. Notes of this shall
be required on the final plat.
21. The applicant should construct.an eastbound left-turn lane on Ustick Road
at the intersection of Us tick Road and North Park Place Way.
22. The applicant should construct an eastbound left-turn lane on Ustick Road
at the intersection of Us tick Road and North Leslie Way.
DEVELOPMENT AGREEMENT (AZ-O2-033)
PAGE 7 of23
23. The applicant should construct westbound right-turn lane on Ustick Road
at the intersection of Us tick Road and North Park Place Way.
24. The applicant should construct westbound right-turn lane on Ustick Road
at the intersection of Us tick Road and North Leslie Way.
25. One option for funding improving these roadways is the implementation of
an extra-ordinary impact fee overlay district. This applicant will be subject to
extra-ordinary fees, should an overlay district be implemented in this area.
(Changed per action of the City Council at their April I, 2003 meeting, and per
ACHD's Inter-Office Memo dated March 17,2003.)
26. Other than the access points specifically approved with this application,
direct access to Ustick Road is prohibited.
27.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1.
way.
Any existing irrigation facilities shall be relocated outside of the right-of-
2. All utility relocation costs associated with improving street ftontages
abutting the site shall be borne by the developer.
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.
4. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact Construction Services at 387-
6280 (with file numbers) for details.
5. 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.
DEVELOPMENT AGREEMENT (AZ-O2-033)
PAGE 8 of23
6. 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.
7. 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.
8. Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #195, also known as Ada County
Highway District Road Impact Fee Ordinance.
9. 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.
10. 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 ftom the Ada County Highway District.
II. 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.
C.
Adopt the Recommendations of the Meridian Fire Department as follows:
1. The portion of the project which is one and two farnilydwellingswillrequire a fire-
flow of 1,000 gallons per minute available for duration of 2 hours to service the entire
project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
DEVELOPMENT AGREEMENT (AZ-O2-033)
PAGE 9 of23
2. Commercial, office and storage occupancies will require a fire-flow consistent
with the Uniform Fire Code to service the proposed project. Fire hydrants shall be
placed an average of400' apart. 1997 UFC Appendix ill-A
3. The fire department requests that any future signalization installed as the result
of the development of this project be equipped with Opticom Sensors to ensure a safe
and efficient response by fire and emergency medical service vehicles. This cost of
this installation is to be borne by the developer.
4. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
5. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department. The proposed fIre hydrant locations will be submitted to the Public Works
for plan review.
6.
All roads and fire lanes shall have a turning radius of28' inside and 48' outside.
7. Insure that all yet undeveloped parcels are maintained ftee of combustible
vegetation per section 1103.2.4 of the Uniform Fire Code.
8. All access roads within the project shall have a clear driving surface with a
minimum width of 20' available at all times. The typical street width of 34' will be
allowed to have parking on both sides. The typical street with a minimum width of29' will
be required to have restricted parking to only one side. UFC 902.2.2.1
9. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
10. The phasing plan may require that any roadway greater than 150' in length that
is not provided with an outlet shall be required to have a turn around.
II. A minimum of two points of access will be required for any portion of the
project, which serves more than 50 homes. UFC 902.2.1
12. It is requested that all landscape islands at the entry points be moved back a
minimum of 15' to improve turning radiuses at these entrances.
Per City Council action taken at their April 1, 2003 meeting, the additional entity
comments, concerns or requirements shaD be required as follows:
DEVELOPMENT AGREEMENT (AZ-O2-033)
PAGE 10 of23
D. To clarify, the ditch easement for the ditch user's facility along the north boundary,
shall be required to be shown on the Plat. There are currently no easements of record for the
ditch. The applicant shall provide a 10 foot easement on its side of the property, and shall
also pipe the facility, and shall coordinate the piping with the owner of the adjacent property,
Vie Clapp.
E. To clarify the matter concerning the water amenity for the pond and water circulation,
the applicant shall work with their landscape architect for recommendations based on the
depth, the size, and circulation of the water. The applicant shall provide the Planning and
Zoning Department with documentation and a design for their approval.
F.
Adopt the requirements of the Parks and Recreation Department as follows:
1.
Increase the parking lot area for the neighborhood park to 16 total spaces
including 2 handicapped accessible spaces.
2.
Provide on street parking for an additional 14 spaces, making a total of 30
spaces for the park.
3.
The Parks and Recreation Department and Developer have come to a
determination on the exchange of impact fees, as outlined in the memo
submitted to the City Council by Becky McKay at the March 18, 2003 public
hearing. Said memo states the Developer may receive a park impact fee credit
of5 0% of the land value plus improvements. T he Developer and Parks
Department shall enter into an agreement on the impact fees prior to the
execution of the six (6) acre park land transfer.
4.
Pertaining to the Meridian City Neighborhood Park, the following shall be
required:
a.
b.
The developer will donate t1Iree (3) acres ofthe park site.
The developer will pay for fifty percent (50%) of the park
improvements (hydro-seeding, irrigation, trees and parking lot),
according to the Park and Recreation Departments specifications.
The developer will construct the ten (10) foot multi-use pathway
t1Irough the site, including the portion along the park.
The developer will construct the micro-paths which enter into the
park.
The developer will install fencing along the north and south sides of
the park.
c.
d.
e.
DEVELOPMENT AGREEMENT (AZ-02-033)
PAGE 11 of23
j.
k.
I.
f.
The developer will construct the pressure irrigation pond adjoining
the park.
The developer will provide sewer and water service to the park.
The developer will coordinate with the utility companies for future
service of the park.
The developer will provide a pressure irrigation pump station,
according to the Park and Recreation Departments specifications.
The developer will coordinate with the Parks Department on the
improvements for shelter, restroom, and play ground equipment,
according to the Park and Recreation Departments specifications.
The Park and Recreation Department shall provide plans and
construction documents, and the developer shall build according to
the Park and Recreation Departments specifications.
The park is to be transferred to the City prior to the filing of the final
plat in which the six (6) acre park is located or by December 31,
2005, whichever is sooner.
g.
h.
i.
G. Additionally, the "Applicant" and "Developer" shall comply with the conditions
within the corresponding Preliminary Plat - Case No. PP-02-033 and the Conditional Use
Permit - Case No. CUP-02-049.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "Owners" and "Developer" or "Owners" and
"Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions
Governing Development" of subject "Property" of this agreement within two years of the
date this Agreement is effective, and after the "City" has complied with the notice and
hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or
recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owners" and "Developer" consent upon default to the de-annexation
and/or a reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply
with this Agreement to "Owners" and "Developer" and ifthe
DEVELOPMENT AGREEMENT (AZ-O2-033)
PAGE 12 of23
"Owners" and "Developer" fails to cure such failure within six (6)
months of such notice.
9. INSPECTION: "Owners" and "Developer" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City Engineer and
request the City Engineer's inspections and written approval of such completed
improvements or portion thereof in accordance with the terms and conditions of this
Development Agreement and all other ordinances of the "City" that apply to said
Development.
10.
DEFAULT:
10.1
10.2
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 Agreement may be modified or terminated by the
"City" upon compliance with the requirements of the Zoning
Ordinance.
A waiver by "City" of any default by "Owners" and "Developer" of
anyone or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any
other rights or remedies of "City" or apply to any subsequent
breach of any such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owners" and "Developer's" cost, and submit proof of such recording to "Owners" and
"Developer", prior to the third reading of the Meridian Zoning Ordinance in connection
with the annexation and zoning of the "Property" by the City Council. If for any reason
after such recordation, the City Council fails to adopt the ordinance in connection with
the annexation and zoning of the "Property" contemplated hereby, the "City" shall
execute and record an appropriate instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
DEVELOPMENT AGREEMENT (AZ-O2-033)
PAGE 13 of23
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owners" and "Developer", or by any
successor or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific performance
of the covenants, agreements, conditions, and obligations contained herein.
13.1
13.2
In the event of a material breach of this Agreement, the parties
agree that "City" and "Owners" and "Developer" shall have thirty
(30) days after delivery of notice of said breach to correct the same
prior to the non-breaching party's seeking of any remedy provided
for herein; provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall prosecute the
curing of same with diligence and continuity, then the time allowed
to cure such failure may be extended for such period as may be
necessary to 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 oftime
of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code §12-5-3, to insure that installation of the
improvements, which the "Owners" and "Developer" agrees to provide, if required by the
"city".
15. CERTIFICATE OF OCCUPANCY: The "Owners" and "Developer"
agree that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" and "Owners" and "Developer" have entered into an
addendum agreement stating when the improvements will be completed in a phased
developed; and in any event, no Certificates of Occupancy shall be issued in any phase in
which the improvements have not been installed, completed, and accepted by the "City".
DEVELOPMENT AGREEMENT (AZ-O2-033)
PAGE 14 of23
16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and
"Developer" agrees to abide by all ordinances ofthe City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not
meet the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/orrequired by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY:
OWNERS:
c/o City Engineer
City of Meridian
660 E. Watertower Lane, Ste. 200
Meridian, ID 83642
Tom E. Davis and Sue C. Davis
2740 E. Ustick Road.
Meridian, Idaho 83642
with copy to:
DEVELOPER:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
HILL VIEW DEVELOPMENT
CORPORATION
150 E. Aikens, Suite A
Eagle, ID 83616
17.1
A party shall have the right to change its address by delivering to the
other party a written notification thereof in. accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable attorney's
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
DEVELOPMENT AGREEMENT (AZ.O2-033)
PAGE 15 of23
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 "Owners" of the "Property", each
subsequent owner and any other person acquiring an interest in the "Property". Nothing
herein shall in any way prevent sale or alienation of the "Property", or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the conditions and
restrictions herein expressed. "City" agrees, upon written request of "Owners" and
"Developer", to execute appropriate and recordable evidence of termination ofthis
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
ftom this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owners" and
"Developer" and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or implied,
between "Owners" and "Developer" and "City", other than as are stated herein. Except
as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect
to "City", to a duly adopted ordinance or resolution of "City".
22.1
No condition governing the uses and/or conditions governing development
of the subject "Property" herein provided for can be modified or amended
without the approval of the City Council after the "City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time ofthe proposed
amendment.
23.
EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
DEVELOPMENT AGREEMENT (AZ-O2-033)
PAGE 16 of23
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-O2-033)
PAGE 17 of23
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNERSIDA VIS:
BY: ~
Tom E. Davis
É.
.6~
BY: ~ß ~A...,--,
Sue C. Davis
DEVELOPERIHILL VIEW DEVELOPMENT
CORPORATION:
BY~
(
Attest:
BY: ~ f/~~
DEVELOPMENT AGREEMENT (AZ-O2-033)
PAGE 18 of23
CITY OF MERIDIAN
BY:
Attest:
: ss:
COUNTY OF ADA )
~ . On this J~ day of ~ , in the year 2003, before
me, 1/t¡.J(. f. (JA}¡ :I1d a Notary blic, personally appeared TOM E.
DAVIS and SUE C. DAVIS, husband and wife, known or identified to me to be the persons
who executed the instrument and acknowledged to me that they executed the same.
(SEAL)
4:Þ ~ d /?lb LÁ
Notary Public for Idaho
Residing at: 15/J/CL,
Commission expires: (~J, /5 .0(,
DEVELOPMENT AGREEMENT (AZ-02-033)
PAGE 19 of23
STATE OF IDAHO)
:ss
COUNTY OF ADA )
(SEAL)
On this ('~~ day of f'lA- r , in the year
2003, before me, /3£A-o<-ð'V K.. 4""<0" a Notary Public, personally appeared
J ,J-M ðS f'I"~ fJ.. IlL I... f!:' ìI:m;::
known or identified to me to be the p¡¿e;-('r ¿)6,.,r(' -anti-
of HILL VIEW DEVELOPMENT CORPORATION, and
the persons who executed the instrument and acknowledged to me that they having executed
the same on behalf of said corporation.
I.;;;'ÿ~~
! ~~9" \
i*( -...... )*j
i ." P{¡ÐL\C ¡
0;.<.1':."0 ~
~.;-~..... 4.° ~
XJJ OF W~.#,f
".........."
~~
Notary Pub for Idaho
Residing at: Px¡,E, ( 1')
Commission expires: /(-L7-1..-O'ó7
STATE OF IDAHO)
:ss
Coonty of"" ) ~ 7dm~:J "'- ""',d-
On this /5 kk day of , in the year 2003,
before me, a Notary Public, personally appeared~i D. C"rt' and William G. Berg,.::T'r.
know or identified to me to be theêand Clerk, respectively, of the City of Meridian,
who executed the instrum. ent or th person that executed the instrument of behalf of said
City, and acknowledged to me that such City executed the same.
t!ihj ("""hC;¡ jJyq¡¡de,.t-
_.~ii~;ç;.. °h (\, I 0
:~;;;Ó 'f~;:,~~ Ò CU1Yl òY1/lA ~
(SEAL) :~{' \ : Notary Public forIdaho
:: j : Residing at: A~ Co~ ~01 a)v=>
~ \, b._<C~1 l Commission expires: . ~";9!-o5
.. d\..'~UölJ>'..' ..
",,~.fJ.;.:,-_.i9. .
...1:&1'.....
DEVELOPMENT AGREEMENT (AZ-02-033) - 20
EXHmIT A
LeI!:al Description OfPropertv
A parcel ofland located in the E 1/2 of the SW Y. and the W Yz ofthe SE
y. of Section 32, T.4N., R. lE., B.M., Ada County, Idaho, more
particularly described as follows:
Commencing at the section comer common to Sections 31 and 32 of said
T. 4N., R. lE., and Sections 5 and 6 ofT. 3N., R. lE., B.M.;
Thence North 89°43'17" East, 1991.44 feet on the section line common to
said Sections 32 and 5 to the REAL POINT OF BEGINNING;
Thence North 00°01 '19" West, 2652.73 feet on the westerly boundary line
ofthe East Yz of the SE Y. of the SW Y. of said Section 32, a portion of
said line also being on the easterly boundary line of Summerfield
Subdivision Number 3, as same is shown on the Plat thereof recorded in
Book 69 of Plats at pages 7047 and 7048 of Ada County Records, to a
point on the east-west mid-section line of said Section 32;
Thence North 89°54' 10" East, 573.09 feet (formerly described as North
84°42' East, 573.4 feet) on the east-west mid-section line of said Section
32, said line also being the southerly boundary line of Heritage
Subdivision Number 2, as same is shown on the plat thereof recorded in
Book 23 of Plats at pages 1452 and 1453 of Ada County Records, to a
point on the westerly boundary line of Jasmine Acres, a Subdivision, as
same is shown on the plat thereof recorded in Book 59 of Plats at Page
5829 and 5830 of Ada County Records;
Thence on the westerly boundary line of said Jasmine Acres for the
following courses and distances;
South 13°05'58" East, 107.12 feet;
Thence South 29°45'58" East, 43.30 feet;
Thence South 53°12'58" East, 164.80 feet;
Thence South 65°26'58" East, 111.00 feet;
Thence South 66°08'58" East, 283.70 feet;
Thence South 78°20'58" East, 160.90 feet;
Thence South 70°46'58" East, 121.50 feet;
Thence South 63°03'58" East, 177.50 feet;
Thence South 48°10'58" East, 154.02 feet to an angle point in the
boundary line of said Jasmine Acres;
Thence leaving the westerly boundary line of Jasmine Acres, South
48°10'58" East, 44.58 feet;
Thence South 32°10'58" East, 201.40 feet;
DEVELOPMENT AGREEMENT (AZ-02-033) .21
Thence South 45°23'58" East, 99.30 feet;
Thence South 27°05'58" East, 267.80 feet;
Thence South 01 °00'28" East, 152.80 feet (formerly described as South
0°22' West, 159.2 feet) to the southeast comer ofthe NW Y. of the SE Y.
of said Section 32;
Thence South 00°01 '23" East, 1326.17 feet to a point on the Section line
cornmon to said Sections 32 and 5, said point being the southeast comer of
the SW Y. of the SE Y. of said Section 32;
Thence South 89°43'57" West, 1328.23 feet on the section line common
to said Sections 32 and 5 to the Y. Section comer common to said Sections
32 and 5;
Thence South 89°43'17" West, 663.82 feet on the section line common to
said Sections 32 and 5 to the real point of beginning. Said parcel contains
104.77 acres more or less.
DEVELOPMENT AGREEMENT (AZ-02-033) - 22
EXHmIT B
Findinl!s of Fact and Conclnsions of Law/Conditions of Approval
Z:\WorkIMIMeridianIMeridian 15360M\PElfkstone Sub AZ.Q2-033 PP-O2.Q33 CUP-O2.Q49\DevelopAgr,doc
DEVELOPMENT AGREEMENT (AZ-O2-033) - 23
BEFORE THE MERIDIAN CITY COUNCIL
HILL VIEW DEVELOPMENT,
APPLICANT
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION)
AND ZONING OF 104.77 ACRES )
FOR PROPOSED PARKSTONE )
SUBDMSION, LOCATED ON THE )
NORTH SIDE OF USTICK ROAD, Y. )
MILE WEST OF EAGLE ROAD, )
MERIDIAN, IDAHO )
)
)
)
C/C 03/18/03
C/C 04-01-03
Revised per C/C action 4/15/03
Case No. AZ-02-033
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTJNG APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public hearing
on March 18, 2003 and continued until April 1, 2003, at the hour of7:00 p.m., and Brad
Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, Brad Watson
of the Public Works Department, Tye Ketlinski, George Law, John Blakeslee, John Nesmith,
Mary Berg, Becky McKay, Bruce Mills, and Vie Clapp, 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:
FINDJNGS OF FACT
1.
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
2.
The City Council takes judicial notice of its zoning, subdivision and development
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPUCATION FOR ANNEXATION
AND ZONING PARKSTüNE SUBDMSION (AZ-O2-033)
PAGE I OF 26
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3.
The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 104.77 acres in size and is located on the
north side of Us tick Road, Yz mile west of Eagle Road, Meridian, all within the Area of Impact of
the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian
Comprehensive Plan.
4.
The owner of record of the subject property is Tom and Sue Davis, 2740 E. Ustick
Road, Meridian. Applicant is Hillview Development Corporation, 150 E. Aikens, Suite A,
Eagle, Idaho.
5.
The property is presently zoned RUT (Ada County), and consists of vacant land.
6.
The Applicant requests the property be zoned as R-8 - Medium Density
Residential.
7.
The subject property is bordered to the north by Heritage Subdivision (zoned RI,
Ada County) and a large single-family home on several acres (zoned RUT, Ada County), to the
south by rural residential lots (zoned RUT and Rl, Ada County), to the east by Summerfield
Subdivision (zoned R-4) and Education Campus (new elementary and charter high school site,
zoned R-4), and to the west by rural residential (zoned RUT, Ada County, depicted as "Regional
Mixed Use" on the Comprehensive Plan Land Use Map.
8.
The Applicant proposed to develop the subject property in the following manner:
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPUCATION FOR ANNEXATION
AND ZONING PARKSTONE SUBDMSION (AZ-O2-033)
PAGE 2 OF 26
Planned Development consisting of275 single-family detached building lots, 52 townhouse lots,
4 office lots, 2 commercial lots, 1 mini-storage lot, 1 pocket park, 1 City "Neighborhood" Park
and 32 common lots.
9.
The Applicant requests zoning of the subject real property as R-8 (PD) which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Medium Density Residential with a designation for a potential park.
10.
There are no significant or scenic features of major importance that affect the
consideration of this application.
11.
The City Council recognizes the concerns of Karl and Cheryl Smith, expressed in
their letter dated February 2,2003; John and Shirley Schey, expressed in their letter dated February
11, 2003; Lynda and Marty Lindgren, expressed in their letter dated February 13, 2003; Vern
Alleman, expressed in his letter dated February 17, 2003; Wendel Bigham, Joint School District,
expressed in his letter dated January 10, 2003, and Tom E. Davis and Sue C. Davis, expressed in
their letter dated March 27, 2003. Additionally, the Council recognizes the comments/points of
interest of Wendell Bigham, Joint School District No.2, pertained in a memorandum dated March
31, 2003 ftom Brad Hawkins-Clark, and pertained in a facsimile to Brad Hawkins-Clark ftom
Wendell Bigham on March 31, 2003, as follows:
1.
The school district has had regular contact with Mr. Davis and Hillview
Development regarding the potential development of this property. There will be
adequate capacity at the new Locust Grove elementary school currently under
construction to serve the Parkstone Subdivision. The school's student capacity is
650.
2.
The district estimates that, by the time Parkstone Subdivision is built out, the Havasu
Creek elementary school will be constructed. This school is within one mile of the
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING PARKSTONE SUBDIVISION (AZ-O2-033)
PAGE 3 OF 26
Locust Grove school and will be equipped to handle any overflow that might occur at
the Locust Grove site.
3.
The school district boundaries will continue to shift as development builds-out. If the
densities occur as per the Comprehensive Plan, there will continue to be one
elementary school serving e ach square m He, which the district believes will b e
adequate.
4.
Discovery Elementary School located within the Educational Campus Subdivision on
Locust Grove Road will accommodate those students generated from the final build
out of the Parkstone Subdivision. Over time the current boundary for Discovery
Elementary will reduce in size due to increased growth in the north Meridian area and
that growth will drive the construction of additional elementary schools in the nearby
sections. We were aware of the proposed Parkstone Subdivision at the time the
boundaries were set and continue our support for approval of the Parkstone
Subdivision upon the Davis property.
12. Giving due consideration to the comments received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and
services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed:
A.
Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
ANEXATION AND ZONING CONDTIONS OF APPROVAL
I. Remove any existing domestic wells and/or septic systems within this project ftom
their domestic service, per City Ordinance Section 5-7-517, when services are available ftom
the City of Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation. The Davis home (2740 Ustick) shall connect to City services when the phase of
the proposed subdivision that includes the house is submitted for final plat.
2. A Development Agreement shall be entered into between the Developer and the
City of Meridian that will require, among other conditions that all future commercial uses
obtain detailed conditional use permits prior to development. The conditional use permits
will place limits on the hours of operation of the commercial uses. Owner shall be
allowed continued use of the land for agricultura1 and livestock purposes (not to exceed
150 head of cattle) until 12/21/05 or final plat approval of all phases.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING PARKSTONE SUBDMSION (AZ-O2-033)
PAGE 4 OF 26
B.
Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval (Upon Develonment)
1. Dedicate 48-feet of right-of-way from the centerline of Us tick 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 #196), if funds are available.
2. Construct a 5-foot concrete sidewalk located 2-feet within the new right-of-way.
If the sidewalk meanders outside of the right-of-way, provide the District with an
easement for the sidewalk.
3. Construct North Park Place Way (a residential collector) to interest Ustick Road
approximately 630-feet east of the west property line, as proposed.
4. Construct North Leslie Way (commercial roadway) to intersect Ustick Road to
align with North Leslie Way on the south side of Us tick Road.
5. Construct North Leslie Way as a 40-foot street section with vertical curb, gutter
and 5-foot concrete sidewalk within 54-feet of right-of-way for approximately 540-feet
north of Us tick Road.
6. Construct North Park Place Way as a residential collector extending ftom Ustick
Road north to East Bowman Street as a 36-foot street sections with vertical curb, gutter,
5-foot concrete sidewalk on the west side of the roadway and a 10-foot asphalt pathway
on the east side of the roadways within 50-feet of right-of-way, as proposed. The asphalt
pathway must be owned and maintained by the homeowners association. Front on
housing or direct access will be prohibited. These restrictions shall be noted on the final
plat. Parking will also be prohibited on this roadway. Coordinate the signage plan with
District staff.
7. Construct North Leslie Way (ftom 540-feet north of Us tick Road to East Nakano
Drive), East Nakano Drive and North Dixon Avenue (ftom East Nakano Drive to East
Herons Crossing Drive) as 36-foot street sections with rolled curb, gutter and 5-foot
concrete sidewalk within 50-feet of right-of-way, as proposed.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPUCATION FOR ANNEXATION
AND ZONING PARKSTONE SUBDMSION (AZ-02-033)
PAGE 5 OF 26
8. Construct East Herons Crossing as a 33-foot street section with vertical curb,
gutter and 5-foot concrete sidewalk within 50-feet of right-of-way to match the
improvements that were approved with the Education Campus Subdivision.
9. Construct North Leslie Way (north of East Nakano Drive, North Mahoney
Avenue, North Petty Way, East Omera Street, East Charleton Street, North Gaviola
Avenue, East Woolsey Street, East Satterfield Street, North Dixon Avenue (between East
Van Oker Street and East Satterfield Street, between East Conner Street and East
Bowman Street, and north of East Herons Crossing), East Summer Dawn Drive, East Van
Oker Street, North Cafferty Way, North Hawkins Avenue, East Conner Street, East
Bowman Street North Pandratz Way, East Vigle Way, East Troxell Drive and North
Conley Drive as 33-foot street sections with rolled curb, gutter and 5-foot concrete
sidewalk with parking on both sides of the roadway within 50-feet of right-of-way, as
proposed. Submit documentation showing that the fire department has reviewed and
approved the proposed street section.
10. Construct East Swindell Drive as a 29-foot street section with curb, gutter and 5-
foot concrete sidewalk with parking on one side of the roadway within 42-feet of right- of-
way, as sproposed. Parking will be restricted to one side of the roadway. Coordinate the
signage plan with District staff.
11. Extend East Summer Dawn Drive ftom the west property line approximately 400-
feet north of Us tick Road.
12. Extend East Herons Crossing Drive ftom the west property line approximately
61O-feet south of the north property line, as proposed.
13. Construct a stub street, North Conley Avenue, to the north property line
approximately 8,500-feet east of the west property line, as proposed. Install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE".
14. Utilize the driveway that intersects Ustick Road approximately 200-feet west of
North Leslie Way for the existing single-family residential home, as proposed. Eliminate
this driveway once the residential use is no longer present.
15. Construct a shared driveway on the east side of North Leslie Way for commercial
lots I and 2, as proposed. Provide the District with a cross-access agreement for the
parcels to access the public roadway system.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND WNING PARKS TONE SUBDMSION (AZ-O2-033)
PAGE 6 OF 26
16. Construct a shared driveway on the west side of North Leslie Way for office lots
2, 3, 4 and 5, as proposed. Provide the District with a cross-access agreement for the
parcels to access the public roadway system.
17. Construct a driveway to intersect with North Park Place Way on the east side of
the roadway approximately 160-feet north of East Van Oker Street, as proposed.
18. Construct one cul-de-sac turnaround with a center island, as proposed. Provide a
minimum turning radius of 45-feet for the turnaround. 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.
19.
Construct four knuckles without islands throughout the subdivision, as proposed.
20. Construct islands within the right-of-way of North Leslie Way, North Park Place
Way and East Bowman Street, as proposed. Provide a minimum clear distance of 21- feet
(measured back-of-curb to back-of-curb). Any proposed landscape islands/medians
within the public right-of-way dedicated by this plat shall be owned and maintained by a
homeowners association. Notes of this shall be required on the fmal plat.
21. The applicant should construct an eastbound left-turn lane on Ustick Road at the
intersection of Us tick Road and North Park Place Way.
22. The applicant should construct an eastbound left-turn lane on Ustick Road at the
intersection of Us tick Road and North Leslie Way.
23. The applicant should construct westbound right-turn lane on Ustick Road at the
intersection of Us tick Road and North Park Place Way.
24. The applicant should construct westbound right-turn lane on Ustick Road at the
intersection of Us tick Road and North Leslie Way.
25. One option for funding improving these roadways is the implementation of an
extra-ordinary impact fee overlay district. This applicant will be subject to extra-ordinary
fees, should an overlay district be implemented in this area. (Changed per action of the
City Council at their April I, 2003 meeting, and per ACHD's Inter-Office Memo dated
March 17,2003.)
26. Other than the access points specifically approved with this application, direct
access to Ustick Road is prohibited.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPUCATION FOR ANNEXATION
AND ZONING PARKSTONE SUBDMSION (AZ-02-033)
PAGE 7 OF 26
27.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street ftontages abutting the
site shall be borne by the developer.
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.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280 (with file
numbers) for details.
5. 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.
6. 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.
7. 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.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. 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.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING PARKSTONE SUBDMSION (AZ-O2-033)
PAGE 8 OF 26
10. 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 ftom the Ada County
Highway District.
11. 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.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. The portion of the project which is one and two family dwellings will require a fire-flow of
1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire
hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A
2. Commercial, office and storage 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. 1997 UFC Appendix ill-A
3. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
bome by the developer.
4. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
5. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
The proposed fire hydrant locations will be submitted to the Public Works for plan review.
6.
All roads and fire lanes shall have a turning radius of 28' inside and 48' outside.
7. Insure that all yet undeveloped parcels are maintained ftee of combustible vegetation per
section 1103.2.4 of the Uniform Fire Code.
8. All access roads within the project shall have a clear driving surface with a minimum
width of20' available at all times. The typical street width of34' will be allowed to have
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING PARKSTONE SUBDIVISION (AZ-O2-033)
PAGE 9 OF 26
parking on both sides. The typical street with a minimum width of29' will be required to have
restricted parking to only one side. UFC 902.2.2.1
9. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
10. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a turn around.
II. A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes. UFC 902.2.1
12. It is requested that all landscape islands at the entry points be moved back a
minimum of 15' to improve turning radiuses at these entrances.
Per City Council action taken at their Aprill, 2003 meeting, the additional entity comments,
concerns or requirements shall be required as foUows:
D. To clarifY, the ditch easement for the ditch user's facility along the north boundary, shall be
required to be shown on the Plat. There are currently no easements of record for the ditch. The
applicant shall provide a 10 foot easement on its side of the property, and shall also pipe the facility,
and shall coordinate the piping with the owner of the adjacent property, Vic Clapp.
E. To clarifY the matter concerning the water amenity for the pond and water circulation, the
applicant shall work with their landscape architect for recommendations based on the depth, the size,
and circulation of the water. The applicant shall provide the Planning and Zoning Department with
documentation and a design for their approval.
F.
Adopt the requirements of the Parks and Recreation Department as follows:
1.
Increase the parking lot area for the neighborhood park to 16 total spaces including 2
handicapped accessible spaces.
2.
Provide on street parking for an additional 14 spaces, making a total of30 spaces for
the park.
3.
The Parks and Recreation Department and Developer have come to a determination on
the exchange ofimpact fees, as outlined in the memo submitted to the City Council by
Becky McKay at the March 18,2003 public hearing. Said memo states the Developer
may receive a park impact fee credit for 50% of the land value plus improvements.
The Developer and Parks Department shall enter into an agreement on the impact fees
prior to the execution of the six (6) acre park land transfer.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPUCATION FOR ANNEXATION
AND ZONING PARKSTONE SUBDMSION (AZ-o2-033)
PAGE 10 OF 26
4.
d.
e.
f.
g.
h.
i.
j.
k.
1.
13.
Pertaining to the Meridian City Neighborhood Park, the following shall be required:
a.
b.
The developer will donate t1Iree (3) acres of the park site.
The developer will pay for fifty percent (50%) of the park improvements
(hydro-seeding, irrigation, trees and parking lot), according to the Park and
Recreation Departments specifications.
The developer will construct the ten (10) foot multi-use pathwayt1Irough the
site, including the portion along the park.
The developer will construct the micro-paths which enter into the park.
The developer will install fencing along the north and south sides of the park.
The developer will construct the pressure irrigation pond adjoining the park.
The developer will provide sewer and water service to the park.
The developer will coordinate with the utility companies for future service of
the park.
The developer will provide a pressure irrigation pump station, according to
the Park and Recreation Departments specifications.
The developer will coordinate with the Parks Department on the
improvements for shelter, restroom, and play ground equipment, according to
the Park and Recreation Departments specifications.
The Park and Recreation Department shall provide plans and construction
documents, and the developer shall build according to the Park and
Recreation Departments specifications.
The park is to be transferred to the City prior to the filing of the final plat in
which the six (6) acre park is located or by December 31, 2005, whichever is
sooner.
c.
It is found that the requested zoning designation, R-8, is harmonious with and in accordance
with the effective Comprehensive Plan ('02) and Future Land Use Map, which designates the land to
be . "Medium Density Residential" with a Community Park.
The park indicated on the
Comprehensive Plan at this location is intended to be a community park rather than a neighborhood
park as proposed by the applicant.
The Comprehensive Plan also indicates that the subject property should have a "Multi Use"
pathway running north-south through the middle of the proposed subdivision. Page 54 of the
Comprehensive Plan addresses the issue of pathways and states that they should be in compliance
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPUCATION FOR ANNEXATION
AND ZONING PARKSTONE SUBDMSION (AZ-O2-033)
PAGE 11 OF 26
with the Parks and Recreation Comprehensive Plan (not yet adopted) and that the pathway should be
located "off street".
The applicant has indicated that they are willing to install a 10' asphalt multi-use pathway
along the east side ofN. Park Place Way. The pathway can cross Nakano Drive and proceed west to
the pocket park and north along the edge of the park to the pedestrian pathway (lot 16, block 19). A
multi-use pathway can be added through block 18. This will align with the N. Conley Avenue stub
street, providing a pedestrian outlet to the north for future pathway extension. This issue is discussed
in further detail within the preliminary plat additional considerations. The Parks Department
comments may be reviewed concerning the proposed neighborhood park and the need for a pathway
within the subdivision.
The applicant's request to continue raising 150 head of cattle on this property during
development does not comply with the Comprehensive Plan's residential designation of the subject
property; however, there is no objection to the continuation of the agricultural use of the subject
property during the phased construction of the project. This issue is addressed in number 12 above,
under Annexation and Zoning Conditions of Approval number 2.
14.
It is not anticipated that the applicant intends to rezone the subject property in the
future. The commercial uses (i.e. office, commercial and mini-storage) are allowable as excepted
uses if approved as part of the overall planned development. It is recommended that the land used
for office use be rezoned to 1-0, and likewise the commercial property be re-zoned to CoG rather
than R-8 as proposed.
15.
It is found that the proposed single family residential subdivision with some
FINDINGS OF FACT AND CONCLUSIONS
OF LA W AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING PARKSTüNE SUBDMSION (AZ-O2-033)
PAGE 120F26
commercial uses woUld be allowed within the requested R-8 zone, if accompanied with a
Conditional Use Permit for a Planned Development.
16.
It is found that the land to the north and west of the property are developed in a
residential manner similar to the proposed subdivision and the land on the eastern side of the
proposed subdivision will most likely be developed in a commercial or higher intensity use. It is also
found that the requested zoning designation ofR-8 is harmonious with the recently approved
adjacent development and should be rezoned in the requested manner.
17.
It is found that the proposed uses (single family residential, office, commercial and
mini-storage) will not change the existing (single family) or intended character (single family and
mixed use) of the area.
18.
It is not anticipated that the proposed residential uses will be hazardous or disturbing
to future or existing neighbors.
19.
It is found that the property to be annexed will or can be served adequately by all
essential public facilities and services. Applicant shall be required to extend water and sanitary
sewer mains to and through the proposed development, thereby making them available to the
adjacent properties. Review of the ACHD, Police and Fire Department's comments concerning this
subdivision will provide further information regarding public services and facilities. The applicant
has requested that the Davis home located near the southeast comer be allowed to wait to hook up to
City services until such time as the phasing for the project brings services to the existing house.
There is no obj ection to the request as this issue is addressed in number 12 above, under Annexation
and Zoning Conditions of Approval number I.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING PARKSTONE SUBDMSrON (AZ-02-033)
PAGE 13 OF 26
20.
It is found that there will not be excessive additional requirements at public cost for
public services and facilities and that the annexation and zoning will not be detrimental to the
community's economic welfare.
21.
It is found that the proposed subdivision will not create excessive traffic, noise or
other nuisances that would be detrimental to the general welfare of the surrounding area. The fact is
also recognized that traffic and noise will increase significantly upon build-out of the proposed
subdivision; however staff does not feel that the amount generated will be detrimental to the public
welfare of the city.
22.
It is found that the subdivision's vehicular approaches off of Us tick Road will create
new interference with the existing east-west traffic on Ustick Road; however staff does not believe
that the subdivision entrances will cause significant interference on the surrounding public streets.
Review ACHD comments concerning vehicular approaches and traffic generation.
23.
It is found that no natural or scenic features of major importance will be lost or
damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are
removed shall be mitigated for, per the Landscape Ordinance.
24.
It is found that services are available to the site and that the inclusion of a new
City Park within the subdivision makes the annexation of this property in the best interest of the
City.
25.
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. 12, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING PARKS TONE SUBDIVISION (AZ-02-033)
PAGE 14 OF 26
; , ' '
condition of annexation and zoning designation.
26.
It is also found that the development considerations as referenced in Finding No.
12 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
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
ofactua1 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 Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND WNING PARKSTONE SUBDMSION (AZ-O2-033)
PAGE 15 OF 26
!.. '
\
4.
The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Goals 1 through 10, inclusive.
5.
The zoning of Medium Density Residential (R-8) is defined in the Zoning Ordinance
at § 11-7-2 D as follows:
(R-8) Medium Density Residential District: The purpose oftheR-8 District is to permit
the estab1ishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those areas where such development has or
is likely to occur in accord with the Comprehensive Plan of the City and is also designed to
permit the conversion of large homes into tow-family dwellings in well-established
neighborhoods of comparable land use. Connection to the Municipal water and sewer
systems of the City is required.
6.
Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation 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 of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8.
Pursuant to Section 11-16-4Aofthe 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 AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING PARKSTONE SUBDMSION (AZ-O2-O33)
PAGE 160F26
-
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 104.77 acres to
Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order
hereinafter stated.
2.
The application is for annexation and zoning of 104.77 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 Meridian Planning & Zoning Department as follows:
ANEXA nON AND ZONING CONDTIONS OF APPROVAL
1. Remove any existing domestic wells and/or septic systems within this project from
their domestic service, per City Ordinance Section 5-7-517, when services are available ftom
the City of Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation. The Davis home (2740 Ustick) shall connect to City services when the phase of
the proposed subdivision that includes the house is submitted for final plat.
2. A Development Agreement shall be entered into between the Developer and the
City of Meridian that will require, among other conditions that all future commercial uses
obtain detailed conditional use permits prior to development. The conditional use permits
will place limits on the hours of operation of the commercial uses. Owner shall be
allowed continued use of the land for agricultural and livestock purposes (not to exceed
150 head of cattle) until 12/21/05 or final plat approval of all phases.
B.
Adopt the Recommendations of the ACHD as follows:
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING PARKSTONE SUBDMSION (AZ-O2-033)
PAGE 170F26
. " ,
c ,.
Site S\,ecific Conditions of A\,Droval (Upon Development)
1. Dedicate 48-feet of right-of-way from the centerline of Us tick Road abutting the par-
cel 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 #196), if funds are available.
2. Construct a 5-foot concrete sidewalk located 2-feet within the new right-of-way. If
the sidewalk meanders outside of the right-of-way, provide the District with an easement
for the sidewalk.
3. Construct North Park Place Way (a residential collector) to interest Ustick Road
approximately 630-feet east of the west property line, as proposed.
4. Construct North Leslie Way (commercial roadway) to intersect Ustick Road to align
with North Leslie Way on the south side of Us tick Road.
5. Construct North Leslie Way as a 40-foot street section with vertical curb, gutter and
5-foot concrete sidewalk within 54-feet of right-of-way for approximately 540-feet north
of Us tick Road.
6. Construct North Park Place Way as a residential collector extending ftom Ustick
Road north to East Bowman Street as a 36-foot street sections with vertical curb, gutter,
5-foot concrete sidewalk on the west side of the roadway and a 10-foot asphalt pathway
on the east side of the roadways within 50-feet of right-of-way, as proposed. The asphalt
pathway must be owned and maintained by the homeowners association. Front on
housing or direct access will be prohibited. These restrictions shall be noted on the final
plat. Parking will also be prohibited on this roadway. Coordinate the signage plan with
District staff.
7. Construct North Leslie Way (from 540-feet north of Us tick Road to East Nakano
Drive), East Nakano Drive and North Dixon Avenue (ftom East Nakano Drive to East
Herons Crossing Drive) as 36-foot street sections with rolled curb, gutter and 5-foot
concrete sidewalk within 50-feet of right-of-way, as proposed.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING PARKSTONE SUBDMSION (AZ-O2-033)
PAGE 18 OF 26
.", (~ '
8. Construct East Herons Crossing as a 33-foot street section with vertical curb, gutter
and 5-foot concrete sidewalk within 50-feet of right-of-way to match the improvements
that were approved with the Education Campus Subdivision.
9. Construct North Leslie Way (north of East Nakano Drive, North Mahoney Avenue,
North Petty Way, East Omera Street, East Charleton Street, North Gaviola Avenue, East
Woolsey Street, East Satterfield Street, North Dixon Avenue (between East Van Oker
Street and East Satterfield Street, between East Conner Street and East Bowman Street,
and north of East Herons Crossing), East Summer Dawn Drive, East Van Oker Street,
North Cafferty Way, North Hawkins Avenue, East Conner Street, East Bowman Street
North Pandratz Way, East Vigle Way, East Troxell Drive and North Conley Drive as 33-
foot street sections with rolled curb, gutter and 5-foot concrete sidewalk with parking on
both sides of the roadway within 50-feet of right-of-way, as proposed. Submit
documentation showing that the fire department has reviewed and approved the proposed
street section.
10. Construct East Swindell Drive as a 29-foot street section with curb, gutter and 5-
foot concrete sidewalk with parking on one side of the roadway within 42-feet of right- of-
way, as sproposed. Parking will be restricted to one side of the roadway. Coordinate the
signage plan with District staff.
II. Extend East Summer Dawn Drive ftom the west property line approximately 400-
feet north of Ustick Road.
12. Extend East Herons Crossing Drive ftom the west property line approximately
610- feet south of the north property line, as proposed.
13. Construct a stub street, North Conley Avenue, to the north property line
approximately 8,500-feet east of the west property line, as proposed. Install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE" .
14. Utilize the driveway that intersects Ustick Road approximately 200-feet west of
North Leslie Way for the existing single-family residential home, as proposed. E1iminate
this driveway once the residential use is no longer present.
15. Construct a shared driveway on the east side of North Leslie Way for commercial
lots I and 2, as proposed. Provide the District with a cross-access agreement for the
parcels to access the public roadway system.
16. Construct a shared driveway on the west side of North Leslie Way for office lots
2,3,4 and 5, as proposed. Provide the District with a cross-access agreement for the
parcels to access the public roadway system.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPUCATION FOR ANNEXATION
AND ZONING PARKSTONE SUBDMSION (AZ-O2-O33)
PAGE 190F26
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17. Construct a driveway to intersect with North Park Place Way on the east side of
the roadway approximately 160-feet north of East Van Oker Street, as proposed.
18. Construct one cul-de-sac turnaround with a center island, as proposed. Provide a
minimum turning radius of 45-feet for the turnaround. 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 ofa 100-
square foot area.
19.
Construct four knuckles without islands throughout the subdivision, as proposed.
20. Construct islands within the right-of-way of North Leslie Way, North Park Place
Way and East Bowman Street, as proposed. Provide a minimum clear distance of 2 I-feet
(measured back-of-curb to back-of-curb). Any proposed landscape islands/medians
within the public right-of-way dedicated by this plat shall be owned and maintained by a
homeowners association. Notes of this shall be required on the final plat.
21. The applicant should construct an eastbound left-turn lane on Ustick Road at the
intersection of Us tick Road and North Park Place Way.
22. The applicant should construct an eastbound left-turn lane on Ustick Road at the
intersection of Us tick Road and North Leslie Way.
23. The applicant should construct westbound right-turn lane on Ustick Road at the
intersection ofUstick Road and North Park Place Way.
24. The applicant should construct westbound right-turn lane on Ustick Road at the
intersection of Us tick Road and North Leslie Way.
25. One option for funding improving these roadways is the implementation of an
extra-ordinary impact fee overlay district. This applicant will be subject to extra-ordinary
fees, should an overlay district be implemented in this area. (Changed per action of the
City Council at their April 1, 2003 meeting, and per ACHD's Inter-Office Memo dated
March 17,2003.)
26. Other than the access points specifically approved with this application, direct
access to Ustick Road is prohibited.
27. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICA nON FOR ANNEXATION
AND ZONING PARKS TONE SUBDMSION (AZ-O2-033)
PAGE 20 OF 26
,: '- J '
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street ftontages abutting the
site shall be borne by the developer.
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.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280 (with file
numbers) for details.
5. 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.
6. 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.
7. 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.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. 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.
10. 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
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICA nON FOR ANNEXATION
AND ZONING PARKSTONE SUBDNISION (AZ-O2-O33)
PAGE 21 OF 26
;- \..' '
upon the applicant to obtain written confirmation of any change from the Ada County
Highway District.
11. 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.
C.
Adopt the Recommendations of the Meridian Fire Department as follows:
1. The portion of the project which is one and two family dwellings will require a fire- flow of
1,000 gallons per minute available for duration of2 hours to service the entire project. Fire
hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A
2. Commercial, office and storage occupancies will require a fire-flow consistent with the
Unifonn Fire Code to service the proposed project. Fire hydrants shall be placed an
average of 400' apart. 1997 UFC Appendix ill-A
3. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and
efficient response by fire and emergency medical service vehicles. This cost of this
installation is to be borne by the developer.
4. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
5. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
The proposed fire hydrant locations will be submitted to the Public Works for plan
review.
6. All roads and fire lanes shall have a tt.JniliJg radius of 28' inside and 48' outside.
7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per
Section 1103.2.4 of the Uniform Fire Code.
8. All access roads within the project shall have a clear driving surface with a minimum
width of20' available at all times. The typical street width of 34' will be allowed to
have parking on both sides. The typical street with a minimum width of29' will be
required to have restricted parking to only one side. UFC 902.2.2.1
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING PARKSTONE SUBDMSION (AZ-O2-O33)
PAGE 22 OF 26
i. ....,> ,
9. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
10. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a turn around.
II.A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes. UFC 902.2.1
12. It is requested that all landscape islands at the entry points be moved back a
minimum of 15' to improve turning radiuses at these entrances.
Per City Council action taken at their Aprill, 2003 meeting, the additional entity comments,
concerns or requirements shall be required as foUows:
D. To clarify, the ditch easement for the ditch user's facility along the north boundary, shall be
required to be shown on the Plat. There are currently no easements of record for the ditch. The
applicant shall provide a 10 foot easement on its side of the property, and shall also pipe the facility,
and shall coordinate the piping with the owner of the adjacent property, Vie Clapp.
E. To clarify the matter concerning the water amenity for the pond and water circulation, the
applicant shall work with their landscape architect for recommendations based on the depth, the size,
and circulation of the water. The applicant shall provide the Planning and Zoning Department with
documentation and a design for their approval.
F.
Adopt the requirements of the Parks and Recreation Department as follows:
1.
Increase the parking lot area for the neighborhood park to 16 total spaces including 2
handicapped accessible spaces.
2.
Provide on street parking for an additional 14 spaces, making a total of30 spaces for
the park.
3.
The Parks and Recreation Department and Developer have come to a determination on
the exchange of impact fees, as outlined in the memo submitted to the City Council by
Becky McKay at the March 18,2003 public hearing. Said memo states the Developer
may receive a park impact fee credit of 50% of the land value plus improvements.
The Developer and Parks Department shall enter into an agreement on the impact fees
prior to the execution of the six (6) acre park land transfer.
4.
Pertaining to the Meridian City Neighborhood Park, the following shall be required:
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING PARKSTONE SUBDMSION (AZ-02-033)
PAGE 23 OF 26
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e.
f.
g.
h.
i.
j.
k.
1.
4.
a.
b.
The developer will donate t1Iree (3) acres of the park site.
The developer will pay for fifty percent (50%) of the park improvements
(hydro-seeding, irrigation, trees and parking lot), according to the Park and
Recreation Departments specifications.
The developer will construct the ten (10) foot multi-use pathway t1Irough the
site, including the portion along the park.
The developer will construct the micro-paths which enter into the park.
The developer will install fencing along the north and south sides of the park.
The developer will construct the pressure irrigation pond adj oining the park.
The developer will provide Sewer and water service to the park.
The developer will coordinate with the utility companies for future service of
the park.
The developer will provide a pressure irrigation pump station, according to
the Park and Recreation Departments specifications.
The developer will coordinate with the Parks Department on the
improvements for shelter, restroom, and play ground equipment, according to
the Park and Recreation Departments specifications.
The Park and Recreation Department shall provide plans and construction
documents, and the developer shall building according to the Park and
Recreation Departments specifications.
The park is to be transferred to the City prior to the filing of the final plat in
which the six (6) acre park is located or by December 31, 2005, whichever is
sooner.
c.
d.
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-B) Medium Density Residential District, and Meridian City Code § 11-7-2.
5.
Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance
with the provisions of the annexation and zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPUCATION FOR ANNEXATION
AND ZONING PARKSTONE SUBDMSION (AZ-O2-033)
PAGE 24 OF 26
....iI;,) -'
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian.
Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property
which may be adversely affected by the issuance or denial of the annexation and zoning and who
may within twenty-eight (28) days after the date of this decision and order seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
2.2-tr.5 day of
/þr;2-
.2003.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED~
COUNCILWOMAN TAMMY deWEERD
VOTED~
COUNCILWOMAN CHERIE Me CANDLESS
VOTED ~
COUNCILMAN WILLIAM L.M. NARY
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 4- 2--2--t?3
-
VOTED-
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING PARKSTONE SUBDIVISION (AZ-O2-O33)
PAGE 25 OF 26
¡.:.A," ','
MOTION:
APPROVED: ~ DISAPPROVED:-
~J~[J ~.
rRobert D. Come
Copy served upon Applicant, the
the City Attorney.
ent, Public Works Department and
By:J~Þ~~ Dated: tf-t'J..-Ç;3
City Clerk
Z:\WorklMlMeridi...lMeridion lS360MIParkstone Sub AZ-O2.o33 Pp.()2.o33 CUP-02-0491AZFfCl&Order,doc
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING PARKSTONE SUBDMSION (AZ-O2-033)
PAGE 26 OF 26
~