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Berkeley Square Subdivision AZ 01-021MERIDIAN CiTY DEVELOPMENT AGREEMENT PARTIES: City of Meridian Jake Centers, Owner Jonathan Wardle, Wardle & Associates, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ~4-a~ day of /7'6a~ ,2ev~92-, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and JAKE CENTERS, hereinafter called "OWNER", whose address is 2011 Locust Grove, Meridian, Idaho 83642, and JONATHAN WARDLE, WARDLE & ASSOCIATES, hereinafter called "DEVELOPER", whose address is 50 Broadway Avenue, Suite B, Boise, Idaho 83702. 1. RECITALS: 1.1 WHEREAS, "Owners" are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. {}67-651 iA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owners" or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owners" and "Developer" have submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a DEVELOPMENT AGREEMENT (AZ-01-021) - 1 1.5 designation of (R-8) Medium Density Residential District, (Municipal Code of the City of Meridian); and WHEREAS, "Owners" and "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 1.7 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and WHEREAS, City Council, the /~day of/}qa,~, 2002, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Owners" and "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "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 I.I0 WHEREAS, "City" requires the "Owners" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the DEVELOPMENT AGREEMENT (AZ-01-021) - 2 subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing senrices within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNERS": means and refers to Jake Centers, whose address is 2011 Locust Grove Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "DEVELOPER": means and refers to Jonathan Wardle, Wardle & Associates, whose address is 50 Broadway Avenue, Suite B, Boise, Idaho 83702, the party developing DEVELOPMENT AGREEMENT (AZ-01-021) - 3 3.3 USES said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Section 11-7-2 (D) which are herein specified as follows: Derelopment of 35 residential building lots and 15 other lots. Development shall be consistent with the Meridian Comprehensive Plan Generalized Lane Use Map which designates the property as Mixed Residential, and go through the planned development process and as conditional uses. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and "Developer" are not required to submit to "City" an application for conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: Ao "Owners" and "Developer" shall develop the "Property" in accordance with the following special conditions: DEVELOPMENT AGREEMENT (AZ-01-021) - 4 If the legal description is not accurate, a new legal description shall be submitted. If fill is added, existing grades shall be met at the property line, or provide proof to Public Works and Building Department that a fill slope easement has been secured from the adjoining property owners. o Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. Dedicate 48-feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Construct a 5-foot wide detached concrete sidewalk on North Ten Mile Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of- way, provide an easement for the sidewalk. Construct the main entrance to the subdivision, West Wave Drive, on Ten Mile Road approximately 150-feet south of the north property line, as proposed. This roadway location has been approved through a modification of policy. Construct West Wave Drive with 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 'i-feet wide (maximum 12-feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. DEVELOPMENT AGREEMENT (AZ-01-021) - 5 10. 11. 12. 13. 14. 15. 16. Construct a non-circular turnaround at the west end of West Wave Drive. The District will consider alternatives to the standard turnaround on a case-by-case basis. This will be based on turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is locate. Submit a design of the turnaround for review and approval by District staff. Construct a stub street to the north property line, as proposed, and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Any existing irrigation facilities shall be relocated outside of the right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Other than the access point specifically approved with this application, direct lot or parcel access to Ten Mile Road is prohibited. Lot access restrictions, as required with thisapplication, shall be stated on the final plat. Comply with all of ACHD's Standard Requirements from their report dated December 19, 2001. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III- A. DEVELOPMENT AGREEMENT (AZ-01-021) - 6 17. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2. & 901.3 18. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 19. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 20. All access roads radii shall be 28' inside and 48' outside radius, this includes the entry off of Ten Mile Road, and the entry into each private common drive. 21. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 22. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 23. The units shall be individually addressed with 6" numbers. 24. The 20' private common drive shall be posted "No Parking Fire Lane". 25. Provide a fire hydrant at the corner of Ten Mile and W. Ware Dr. 26. Post the end of W. Ware Dr. "No ParMng Fire Lane". 27. Increase the street width of W. Ware to 37'. 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 DEVELOPMENT AGREEMENT (AZ-O1-021) - 7 subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in 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 if the "Owners" and "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owners" and "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owners" and"Developer", "Owners" and "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owners" and "Developer" of any one or more of the covenants or DEVELOPMENT AGREEMENT (AZ-01-021) - 8 conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. ! 1. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owners" and "Developer"'s cost, and submit proof of such recording to "Owners" and "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "city" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owners" and "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owners" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to DEVELOPMENT AGREEMENT (AZ-01-021) - 9 complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall indude, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code '12-5-3, to insure that installation of the improvements, which the "Owners" and "Developer" agrees to provide, if required by the "city". 15. CERTIFICATE OF OCCUPANCY: The "Owners" and "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owners" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owners "and "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT (AZ-01-021 ) - 10 CITY: OWNERS: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Jake Centers 2011 Locust Grove Meridian, Idaho 83642 with copy to: DEVELOPER: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Jonathan Wardle Wardle & Associates 50 Broadway Avenue, Suite B Boise, Idaho 83702 I7.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way DEVELOPMENT AGREEMENT (AZ-01-021) - 11 prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subiect to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owners" and "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owners" and "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owners" and "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owners" and "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-01-021) - 12 ACIGNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNERS: WARDLE & ASSOCIATES, DEVELOPER Attest: BY CITY O~ei~IAN ~v'o ~.,~O?.~,T,,,,p. copau Attest: SEAL DEVELOPMENT AG~EMENT (AZ-01 STATE OF IDAHO) :SS COUNTY OF ADA) On this r-/ day o.f j~ (Lc,] , in the year 2002, before me, iq ir~tM L. Ke~ le_&,} J a Notary Public, personally appeared Jake Center-g, lmown or identified to me to be the person who executed the instrument and acknowledged to me that he executed the same. ot~a~ Pet!or Idaho~~ Residing at: ~bgA.)~ ~/~/Z) Commission exPires: I]~]05~ STATE OF IDAHO) COUNTY OF ADA) :SS On this ,~-" 2002, before me,-~c;~_.rOOl appeared Jonathan Wardle and ident~~be the "~P_~ a e_-~ p~dl~ and of Wardle & Associates, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said Wardle & Associates. day of ~ , in the year & /4a_z e ' a Notary Public, personally fh. le. laa_e..{ bjo_~',41~_ , known or BEVERLY M. HAIFI (SEA~), NOTARY PUBLIC STATE OF IDAHO Residing at: Commission expires:.. DEVELOPMENT AGREEMENT (AZ-01-021) - 14 STATE OF IDAHO ) :SS County of Ada ) On this ~.p~k~ day of ~"~q(~ , in the year 2002, before ~)ff, a Notary Public, personally appeared Robert D. Corrie and William G. Ber~qm~ ow or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Notary Public for Idaho Commission expires: Z:\WorkWl~MeridianWleridian 15360M~Berkeley Sq Sub AZ01-021 PP01-022 CUP01-040~DevelopAgr.doc DEVELOPMENT AGREEMENT (AZ-01-021) - 15 EXHIBIT A Legal Description Of Property A parcel of land being a portion of the North 1/2 of the SE 1/4 NE 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the SE comer of said SE ¼ NE ¼, (East ¼ comer), said comer monumented with a 3 inch diameter brass disk; Thence N. 0025'27'' E., a distance of 664.02 feet, (formerly 664.10 feet), along the east boundary of said SE ¼ NE ¼ to the SE comer of said North ½ of the SE ¼ NE ¼, (SN 1/64 comer), said comer being the POINT OF BEGINNING; Thence N. 89°11 '47" W., a distance of 25.00 feet, (formerly N. 89016' 13" W.), along the south boundary of said North ½ of the SE ¼ NE ¼ to a found 5/8 inch diameter iron pin; Thence continuing along the south boundary of said North ½ of the SE ¼ NE ¼, N. 89°11'47" W., a distance of 701.00 feet, (formerly N. 89°16'13" W.), to a found 5/8 inch diameter iron pin; Thence N. 0°25'27" E., a distance of 300.00 feet parallel with the east boundary of said SE ¼ NE ¼ to a found 5/8 inch diameter iron pin; Thence S. 89°11 '47" E., a distance of 701.00 feet, (formerly S. 89016' 13" E.), parallel with the south boundary of said North ½ of the SE ¼ NE ¼ to a found 5/8 inch diameter iron pin; Thence continuing S. 89011'47'' E., a distance of 25.00 feet, (formerly S. 89° 16' 13" E.), parallel with the south boundary of said North ½ of the SE ¼ NE ¼ to a point on the east boundary of said SE ¼ NE ¼; Thence S. 0025'27'' W., a distance of 300.00 feet along the east boundary of said SE ¼ NE ¼ to the POINT OF BEGINNING. DEVELOPMENT AGREEMENT (AZ-O 1-021) - 16 This parcel contains 5 acres more or less. Except any portion lying within the right of way of Ten Mile Road. Also, this parcel is subject to all easements and rights-of-way of record or implied. DEVELOPMENT AGREEMENT (AZ-01-021) - 17 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-01-021) - 18 BEFORE THE MERIDIAN CITY COUNCIL C/C 03-05-02 IN THE MATTER OF THE ) APPLICATION OF WARDLE ) AND ASSOCIATES, THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 4.83 ACRES FOR BERILELEY ) SQUARE SUBDIVISION, ) LOCATED AT 1025 N. TEN ) MILE ROAD, MERIDIAN, ) IDAHO ) Case No. AZ-01-021 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on February 19, 2002 and continued until March 5, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, John Wardle, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-01-021 ) and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 4.83 acres in size, is located at 1025 N. Ten Mile Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is Jake Centers of Boise, Idaho; and the applicant is Jonathan Wardle, Wardle & Associates of Boise, Idaho. 5. The property is presently zoned by Ada County as RUT, and consists of a single family residence. 6. The Applicant requests the property be zoned as R-8, with the intent to develop 35 residential building lots and 15 other lots, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Residential. 7. The subject property is bordered to the north by a rural residence, zoned R-4, and Parkside Creek Subdivision, R-4, to the south by County rural zoned FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-01-021 ) RUT, and southeast the proposed Valerie Heights Apartments, zoned R-15, to the east Thunder Creek Subdivision, zoned R-4, and to the west by Chaparral Elementary School, zoned R-4. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. If the legal description is not accurate, a new legal description shall be submitted. 2. If fill is added, existing grades shall be met at the property line, or provide proof to Public Works and Building Department that a fill slope easement has been secured from the adjoining property owners. 3. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 4. A development agreement shall be required as part of this annexation request. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION- (AZ-01-021) Adopt the Recommendations of the ACHD as follows: o Dedicate 48-feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. ° Construct a 5-foot wide detached concrete sidewalk on North Ten Mile Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. o 10. Construct the main entrance to the subdivision, West Wave Drive, on Ten Mile Road approximately 150-feet south of the north property line, as proposed. This roadway location has been approved through a modification of policy. Construct West Wave Drive with 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4- feet wide (maximum 12-feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of- way plus the additional width of the median. Construct a non-circular turnaround at the west end of West Wave Drive. The District will consider alternatives to the standard turnaround on a case-by-case basis. This will be based on turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is locate. Submit a design of the turnaround for review and approval by District staff. Construct a stub street to the north property line, as proposed, and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-01-021 ) 11. 12. 13. 14. 15. 16. Adopt 17. 18. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50- feet of right-of-way. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Any existing irrigation facilities shall be relocated outside of the right-of- way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Other than the access point specifically apprOved with this application, direct lot or parcel access to Ten Mile Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Comply with all of ACHD's Standard Requirements from their report dated December 19, 2001. the Recommendations of the Meridian Fire Department as follows: That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. Operational fire hydrants and temporary or permanent Street signs are required before combustible construction begins. UFC 901.4.2. & 901.3 19. 20. 21. Acceptance of the water supply for fire protection will be by the Meridian Water Department. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. All access roads radii shall be 28' inside and 48' outside radius, this includes the entry off of Ten Mile Road, and the entry into each private FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKzELEY SQUARE SUBDIVISION - (AZ-01-021 ) common drive. 22. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103~2.4 of the Uniform Fire Code. 23. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 24. The units shall be individually addressed with 6" numbers. 25. The 20' private common drive shall be posted "No Parking Fire Lane". 26. Provide a fire hydrant at the corner of Ten Mile and W. Ware Dr. 27. Post the end of W. Ware Dr. "No Parking Fire Lane". 28. Increase the street width of W. Ware to 37'. 10. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 9, and all sub-pans, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 1 I. It is also found that the development considerations as referenced in Finding No. 9 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BEKKELEY SQUARE SUBDIVISION - (AZ-01-021) neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. The intended character of the Mixed Residential district is to allow for a variety of residential projects, including higher densities. It is also found that the proposed use will slightly increase traffic on the surrounding streets, but the proposed vehicular approaches to the property will not create an interference with the existing level of traffic. Additionally, it is also found that the site does have several large existing trees, and any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 12. It is found that the surrounding properties include the elementary school, rural residences and residential subdivisions. Valerie Heights Apartments was approved "kitty corner" to the project, but has never been actually developed. A future transit station is envisioned near the intersection of Ten Mile Road and the railroad, which is approximately 1/4 mile from the subject property. 13. It is found that the zoning of the subject real property as Medium Density Residential District (K-8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOK ANNEXATION AND ZONING/BEKIr~LEY SQUARE SUBDIVISION - (AZ-01-021 ) 14. Residential. 14. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: Goals Section: Goal 4, Goal 8 Economic Development Chapter: 3.1U, 3.2U Land Use Chapter: 2.1U, 2.4U Transportation Chapter: 1.19U, 1.14, 1.18, 1.19 Community Design Chapter: 6.2U, 6.11U 15. The property can be physically serviced with City water and sewer, since the applicant has extended the lines. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERK. ELEY SQUARE SUBDIVISION- (AZ-01-021 ) forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals Section: Goal 4, Goal 8 Economic Development Chapter: 3.1U, 3.2U Land Use Chapter: 2.1U, 2.4U Transportation Chapter: 1.19U, 1.14, 1.18, 1.19 Community Design Chapter: 6.2U, 6.11U 5. The zoning of Medium Density Residential District (R-8) is defined in the Zoning Ordinance at § 11-7-2 D as follows: (R-8) Medium Density' Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-01-021) exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burr vs. The City of Idaho 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 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION- (AZ-O 1-021 ) 1. The applicant's request for annexation and zoning of approximately 4.83 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 4.83 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. If the legal description is not accurate, a new legal description shall be submitted. 2. If fill is added, existing grades shall be met at the property line, or provide proof to Public Worlcs and Building Department that a fill slope easement has been secured from the adjoining property owners. 3. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-O 1-021 ) A development agreement shall be required as part of this annexation request. Adopt 5. o the Recommendations of the ACHD as follows: Dedicate 48-feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Construct a 5-foot wide detached concrete sidewalk on North Ten Mile Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. o o 10. Construct the main entrance to the subdivision, West Wave Drive, on Ten Mile Road approximately 150-feet south of the north property line, as proposed. This roadway location has been approved through a modification of policy. Construct West Wave Drive with 21-foot street sections on either side of a center median. The median shall be constructed a minimum of 4-feet wide (maximum 12-feet wide) to total a minimum of a 100-square foot area. The applicant will be required to dedicate 54-feet of right-of-way plus the additional width of the median. Construct a non-circular turnaround at the west end of West Wave Drive. The District will consider alternatives to the standard turnaround on a case-by-case basis. This will be based on turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is locate. Submit a design of the turnaround for review and approval by District staff. Construct a stub street to the north property line, as proposed, and install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERK. ELEY SQUARE SUBDIVISION - (AZ-01-021 ) for the stub street with District staff. 11. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5ofoot wide concrete sidewalks within 50- feet of right-of-way. 12. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 13. Any existing irrigation facilities shall be relocated outside of the right-of- way. 14. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 15. Other than the access point specifically approved with this application, direct lot or parcel access to Ten Mile Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 16. Comply with all of ACHD's Standard Requirements from their report dated December 19, 2001. Adopt the Recommendations of the Meridian Fire Department as follows: 17. That a fire-flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 18. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2. & 901.3 19. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 20. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION- (AZ-01-021 ) 21. All access roads radii shall be 28' inside and 48' outside radius, this includes the entry off of Ten Mile Road, and the entry into each private common drive. 22. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 23. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 24. The units shall be individually addressed with 6" numbers. 25. The 20' private common drive shall be posted "No Parking Fire Lane". 26. Provide a fire hydrant at the comer of Ten Mile and W. Ware Dr. 27. Post the end of W. Ware Dr. "No Parking Fire Lane". 28. Increase the street width of W. Ware to 37'. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) 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 - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-01-021 ) NOTICE OF FINAL ACTION Please tal~e notice that this is a final action of the goveming 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. of By action of the City Council at its regular meeting held on the ROLL CALL COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAK. ER) DATED: ~:~ --t/ q'"' ~ ~" MOTION: APPROVED: DISAPPROVED: day VOTED_~c~ VOTED_~~ VOTED_~ VOTED_~ VOTED "'"'-- FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERIrdiiLEY SQUARE SUBDIVISION - (AZ-O1-021) Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. Z:XWork~eridian~eridian 15360~erkeley Sq Sub ~01-021 PPO 1-022 CUPO 1-040~Ffcl&Order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BERKELEY SQUARE SUBDIVISION - (AZ-O 1-021 )