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Dev Agr AZ-03-021 Red Feather 2004 V1ADA COUNTY RECORDER J. DAVID NAVARRO ao AMOUNT .�2 IONE IDAHO 101aO &.35 PM - 7 Z DEPUTY D "°°HooperIII IIIIIIIIIIIIIIIINIIIIIIIIIIIff I(I RECORDED—RE�UESi OF MERIDIAN CRY 104129529 i DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Bart L. Bryson, Owner 3. The Melvin R. and Noma E. Schrammeck Trust, Owner THIS DEVELOPMENT AGREEMENT (this "Agreement'), is made and entered into this, — day of� f- , 2004, by and between CITY OF MERIDIAN, a municipal corporation f the State of Idaho, hereafter called "CITY', and BART L. BRYSON, whose address is 6324 Cassia, Boise, Idaho 83709, and The Melvin R. and Noma E. Schrammeck Trust, c/o Joy A. Moore, Trustee, whose address is 2745 S. Eagle Road, Eagle, Idaho 83616, and hereinafter called "OWNER". 1. RECITALS: 1.1 WHEREAS, "OWNER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for the C-G zoning, which is attached hereto and by this reference incorporated herein as if set forth in fill, hereinafter referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owner" 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, "Owner" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of (C-G) General Retail and Service Commercial District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held DEVELOPMENT AGREEMENT (AS-03-021) PAGE 1 OF 16 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 1.6 WHEREAS, City Council, the day of 2004, 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 "Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.8 "OWNER" 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 request; and 1.9 WHEREAS, "City" requires the "Owner" to enter into a development agreement for the purpose of ensuring that the subsequent use and development of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, 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. DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 2 OF 16 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 "OWNER": means and refers to Bart L. Bryson, whose address is 6324 Cassia, Boise, Idaho 83709, and The Melvin R. and Noma E. Schrammeck Trust, c/c Joy A. Moore, Trustee, whose address is 2745 S. Eagle Road, Eagle, Idaho 83616, the party owning said "Property" being developed and shall include any subsequent owner(s) of the "Property". 3.3 "PROPERTY": means and refers to those 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 C-G attached hereto and by this reference incorporated herein as if set forth at length. 4. USES 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 (K) which are herein specified as follows: Any future uses of the property shall be approved only through the conditional use permit process. Additionally, either a public or private backage street generally parallel with Eagle Road/SH 55 shall be incorporated into the design of the future site plans. A conceptual master plan demonstrating interconnedivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schrammeck properties for the C-G zone. DEVELOPMENT AGREEMENT (A2r03-021) PAGE 3 OF 16 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. S. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.A "Owner" shall develop the "Property" in accordance with the following special conditions: 1. Removal of any existing domestic wells and/or septic systems within this project from their domestic service must be accomplished at such time as the "Owners" change the current use of "Property" or otherwise develop the "Property" in accordance with the terms hereof. 2. Any future uses of the property shall be approved only through the conditional use permit process. In addition, there is a requirement that either a public or private backage street generally parallel with Eagle Road/SH 55 shall be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schrammeck properties. The following Comprehensive Plan policies (from Chapter,VI and VII) shall be applicable to these properties: Transportation Policies Applicable to the Bryson/Schrammeck Annexation: * "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 4 OF 16 + Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiple -use pathway systems are depicted in Figures VI-3 and VI-4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. • Eagle Road is the major north -south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." Mixed Use Development Policies Applicable to the Bryson/Schrammeck Annexation: • "Where feasible, multi -family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 124- 13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" or "Owner's" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development' of subject "Property" of this agreement at such time as the "Owners" develop the "Property' in accordance with the terms hereof, 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. DEVELOPMENT AGREEMENT (A2r03-021) PAGE 5 OF 16 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" 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: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and if the "Owner" fails to cure such failure within six (6) months of such notice. S. INSPECTION: "Owner" 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 irnprovements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Owner" or "Owner'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. 9.2 A waiver by "City" of any default by "Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" cost, and submit proof of such recording to "Owner", 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 DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 6 OF 16 fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the' parties agree that "City" and "Owner" shall have thirty (30) days after delivery of notice of said breach to connect 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. 12.2 In the event the performance of any covenant to be performed hereunder by either "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party,responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 7 OF 16 14. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" 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". 15. ABIDE BY ALL CITY ORDINANCES: That "Owner" 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. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER: Bart L. Bryson 6324 Cassia Boise, Idaho 83709 The Melvin R. and Noma E. Schrammeck Trust c/o Joy A. Moore, Trustee 2745 S. Eagle Road Eagle, Idaho 83616 16.1 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. 17. 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 DEVELOPMENT AGREEMENT (A2t03-021) PAGE 8 OF 16 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. 18. 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. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Agreement. 20. 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. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" 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 "Owner" 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'. 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended DEVELOPMENT AGREEMENT (A2r03-021) PAGE 9 OF 16 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. 22. 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-03-021) PAGE 10 OF 16 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER: AND BY: Q!�7 to 0 Joy A. Moore, Trustee for the Melvin R. and Noma E. Schrammeck Trust CITY OF MERIDIAN MAYOR TAV de W Attest: CITY CLERK - SEAL Cbu DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 11 OF 16 STATE OF IDAHO ) :ss 'COUNTY OF ADA ) On this 2, l 14- _ day of S�,o , in the year 2004, before me, a Notary Public, personally appear Bart L. Bryson, known or identified to me to be the person who executed the instrument and acknowledged to me that he has executed the same. (SEAL) Flc-� 0 A BATS v .•'�� STATE OF IDAHO ) ss: County of Ada } r- No ary Public fTk, o Residing at: Commission expires: On this day of , in the year 2004, before me, a Notary Public, personally appe6red Jc# A. Moore, known or identified to me to be the Trustee for The Melvin R. and Noma E. Schrammeck Trust, and who executed the instrument and acknowledged to me that she has executed the same on behalf of said trust. ,r° a° (SEAL) per► } �4�' oe 8TA•f� a► �Publip,r Idaho Residing a Commiss en expires: i p rj DEVELOPMENT AGREEMENT (AZ03-021) PAGE 12 OF 16 STATE OF IDAHO ) :ss County of Ada } On this, day of , in the year 2004, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, know 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. �•.••a (SEAL) ; a: OTAR�, � UB Ltd' • M.. $. NotaryVdbliefo Idaho _ Residing at: 14 Commission expires: DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 13 OF 16 EXHIBIT A C-G ZONING (Brvson/Schrammeck Parcel) A parcel of land situated in the NW Y4 of Section 4, UN., R.1 E., B.M., Ada County, Idaho and more particularly described as follows: COMAUNCING at a brass cap marking the Northwest corner of said Section 4; thence along the West line of said Section 4 South 00036' 11" West 1390.15 feet to the Northwest corner of that Parcel described in Instrument No. 8117732 in the Office of the Recorder for Ada County, Idaho, said point being on a line that is parallel with and 99.00 feet South of the South line of Government Lot 4 of said Section 4 and also being the POINT OF BEGINNING; thence along the boundary of said Parcel along said parallel line South 89°52' 14" East 769.96 feet to a point; thence continuing along a line parallel with said West line of Section 4 North 00036' 11" East 99.00 feet to a point on said South line of Government Lot 4; thence continuing along said South line South 89°52' 14" East 560.11 feet to a point on the West line of Perkins -Brown Subdivision as on file in Book 25 of Plats at Pages 1562 and 1563 in said Office of the Ada County Recorder; thence continuing South 00'37'36" West 1212.21 feet to the Southeast corner of said Parcel; thence along the Southwesterly line of said Parcel North 72058'49" West 99.53 feet to a point; thence continuing North 40°43'49" West 366.30 feet to a point; thence continuing North 85133'49" West 174.90 feet to a point; thence continuing North 71 ° 18'49" West 132.00 feet to a point; thence continuing North 34048'49" West 227.70 feet to a point; thence continuing North 66018'49" West 264.00 feet to a point; thence continuing South 84'26' 11" West 17.43 feet to the Northeast comer of that Parcel described in Instrument No. 912958 in said Office of the Ada County Recorder; thence along the East line of said Parcel South 00*36' 11" West 218.08 feet to the Southeast corner of said Parcel; thence along the South line of said Parcel North 89°23'49" West 300.00 feet to a point on said West line of Section 4; thence along said West line North 00036' 11" East 459.43 feet to a point on said boundary line of the Parcel described in Instrument No. 8117732; thence along said boundary line DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 14 OF 16 South 89°23'49" East 185.00 feet to a point; thence continuing North 00036' 11" East 90.00 feet to a point; thence continuing North 89023'49" West 185.00 feet to a point on said West line of Section 4; thence continuing along said West line North 00036' 11" East 127.83 feet to the POINT OF BEGINNING; Said Parcel Contains 23.70 Acres, more or less. DEVELOPMENT AGREEMENT (AZ.03-021) PAGE 15 OF 16 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 16 OF 16 RECEIVED APR s 1 M City Of Meridian CZ Clerk Office BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 114.52 ACRES ) FOR PROPOSED REDFEATHER } ESTATES SUBDIVISION NO.2 ) FROM RUT TO R4 PLANNED ] DEVELOPMENT AND GG ) GENERAL RETAIL AND SERVICE ) COMMERICAL, LOCATED ON ) THE SOUTH SIDE OF USTICK ) ROAD1,1A MILE WEST OF ) CLOVERDALE ROAD, AND THE ] EAST SIDE OF EAGLE ROADISH ) 55, % MILE SOUTH OF USTICK, ) MERIDIAN, IDAHO ? PACKARD ESTATES ) DEVELOPMENT, LLC, APPLICANT ] C/C 03/02/04 Care No. AZ-03-021 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATIONf FOR ANNEXATION AND ZONING The above entitled annexation end zoning application hBvh g come on for public hearing on Maw 2, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Deparnnen4 Becky McKay, Stokes, Carla Williams, Michelle Broadhead, Fitsroy Blocher, Bruce Mills, Kenny Bowers and Summ Cole, appmvd and tes6 fled, and the City Coancil having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Condlusions of Law, and Decasion and Order; FMINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING, APPLICATION FOR ANNEXATION AND ZONING REDFEATBER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 1 OF 26 FINDINGS OF FACT 1- Them has been compliance with all notic c and hearing requirements set forth in Idaho Code f § 67-6509 and 67-6511, and Meridian City Code §§ it - 15.5 and 11-16-1. 2. The City Council takes judicial notice Of its zoning, subdivision and development ordinances codified at Titles I and 12, Meridian City Code, and, all cuamt 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 des"ibed in the application, is approximately 114.52 acres in size and is located on the south side of Ustiek Road,14 mile west of Cloverdale Road, and the east side of Eagle Road/SH 55, % mile south of Usdck, Meridian, Idaho, all within the Area of Impact of the City of M6ridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owners of record of the subject property we Harry and Frances Bryson, Melvin R. and Nonm E. deck Trust, Alan and Elaine Dmkheimer, Meivina and Will Grant, The Ustick 36, LLC and Archie Ralph Wood, and all have submitted notmized consent for Packard Estates Development, LLC to submit the subject applications. Applicant is Packard Estates Development, LLC. 5• The 1gpty is Presently zoned RUT (Ada County), and consists of a single- family residence and vacant land. 6. The Applicant requests the property be zoned as R-4/90.29 acres (Low Density FTNDINO-S OF FACT' AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRAN ZING APPLICATION FOR ANNEXATION AND ZONING REDFRATIER ESTATES SUBDWISION NO.2 PLANNED DEVEtAFMENT (AZ-03-021) PAGE 2 OF 26 Residential) and C-G124.23 acme (Ommal Retail aad Service Commadal). 7. The subject property is bordered to the north by Heads Meadows Subdivision, pending Kissler annexation parcel (18 acres) and a firtme church site, to the south by Clover Meadows Subdivision and a turf farm, to the east by 13riarwood, Dawson Meadows and Redfcather FAtates No. l Subdivisions, sud to the west by Perkins-$mwn Subdivision and undeveloped land. 8. The Applicant proposes to develop the subjed property in the fallowing M.I. 302 building lots and 28 other lots on 90.29 acres. 9. The Applicant requests zoning of the subject real property as R4 and C-G, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential. 10. The Milk Lateral and the South Slough Drain are two scenic features that affect the consideration of this application. 11. The City Council recognizes the concerns of the following individuals: ShUrY and Harvey HoffUetter dated 9112103) J.P. Rolison (letter dated 9/1103) Charles and Josephine Altman (letter dated 9/3/03) Fitzroy A. and Virginia Belches; Metter dated 9/4103) Hal and Afic helle Broadhead Oetter dated 9/3103) Gerald J. and Cathy L. Reaves (letter dated 9/3l03) J.R. Nishioka (letter dated 911/03) Wilbur K. and Barbara A. Braddirh (letter dated 918/03) - Dan and Darlaw Thompson Robert C. Sanders (letter dated 9/10/03) - Howard and Karen Juries (letter dated 9111/03) - Sue Piva (letter dated 12/4103) Michael Tyvand (letter dated 12/4/03) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZON1I G REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVEWPMENT (AZ-03-021) PAGE 3 OF 26 12. Giving due considwation to the cm=cnts received from the lPvemmwtal subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and seMc es required by the proposed development will not impose expense upon the public if the following conditions of develolmert are imposed: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Do not require the inclusion of the one -acre Snutahger, out paroel in the annexation. B- Adopt the Reeommendadoas of the Meridian Planning & Toning Department as follows: 1. Removal of any existing domestic wells and/or soptic systems within this project from their domestic service must be accomplished within two years of the approval of these Annexation and Zoning Fiadi P, but it may be extended for an additional year by the City Engineer if good cause is shown, and pending development of the paroel would warrant the extension. Wells may be used for non -domestic purpoeea such as landscape im$at OE_ 2. Prior to annexation, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Scbtaumeck Trust) that requires any future uses of the property to be approved only through the conditional use permit process. In addition, the agreement shall include a requirement that either a public or private backage street generally parallel with Eagle Road/SH 55 be incorporated into the design of futm site plans. A conceptual master plan detnommiing interconnectivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Scbramnwck properties. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and VID as applicable to these same properties: 'Large development proposals that are likely to goneratc sigtrificMt tmffic should be assessed for their impact on the trUmportation system. and surrounding land uses. They FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTM APPLICATION FOR ANNEXATION AND ZONING PMFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (A7,03-021) PAGE 4 OF 26 should be examined for wap to cncourage all forms of transportation such as transit walking, and cycling, • New development should not rely on cul-de.secs sines they provide poor fire ac ms, walkabibty, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. • In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. improvement in and encouraged use ofpublic transit systems is an important first step. Public transit includes bus systems and ndesharipg. BY fostering such means of high vehicle occupancies, congestion on roadways can be decreased. • Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiple -use pathway systems are depicted in Figures VIA and VI-4. Nero and existing developments should ensure that the guidelines laid out in this plan are adopted. • Eagle Road is the major north south arterial in Ads County. The capacity of this arterial should be protected by minimizing the number arrd kmation of private driveway access connections to this important roadway. The City should recogtd' adopt, and hel implement the Eagle Road Access Control Study, prepared by ACID in 1997.„ p i w_ Use Develop r Pnl' a to the Bly�xtfSchramsneck A nexAt�� • "When feasible, multi -family residential uses will be encouraged, especially for pwjects with the potential to serve as employment destination centen and when the project is adjacent to State Highways 20-26, 55 or 69; • In developments where multiple commercial and/or office buildings are proposed (not residential[), the buildings should be arrmged to mvate soave form of common, usable area, such as a plaza or green space; • Where the Paled is developed adjacent to low or medium density residential uses, a transitional use is encouraged" 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacen and configwyug to the Pal shall be tiled per City Ordinance 12-4- 13. Plans will need to be app wad by the appr0Pd8te rrdF ionldrainage district, or lateral users associating, with written conft=don of said approval submitted to the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DEMION AND ORDER GRANTING APPLICATION FOR ANNEMATION AND ZONING REDFEAIMM ESTATES SUBDYVISION NO.2 PLANNED DEVELOFN1ENf (AZ.03-021) PAGE 5 OF 26 C. Adopt the Recommein dations of the Ada County Hfighway District as follows: 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the Purchase of right-of-way dedicated by the applicant, with the applicant =sMWtiug a sidewalk as desM1W below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a developmayt ofrW agreement whe+eby the Wlic`= is reimbursed fives+ impact fees to be collected solely from the applicant's specafic development Projoat) an additional 23- feet of right-of-way along Ustick Road, and construct a minim m 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-Beet fiom the centerlice of the right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, Iocated a minimum of 23-foal from the centerline of the right-of-way, in an went Provided to the District. o. DO not dedicate additional right-of-way, but construct a minimum 5-foot wide coaQvte sidewalk along Ustick Road, located at the back edge of the existing right-of-way. Acoompliah all necessary adjustments to properly accounnodate existing drainage and utilities. 2. Construct the main enftnc e, North Grenadier Way, to intersect Ustick Road RWoximately 370-feet east of the west property line, as proposed. 'Ibis roadway "I align with an existing roadway that is located on the north side of Ustick Road. 3. Construct North C bmadier Way and East Ganger ShW as residential oollectors, but believes that these rOadway® should be constroftd as 36-foot street sections with vertical curb, Sum' and 4-foot detached concrete sidewalk (or a 5-foot attached concrete sidewalk). 4. Construct the remainder of the internal roadways as 36-foot stx eet sections with rolled curb, gutter and 5-foot attached aancrete sidewalks, as proposed. 5. Extend Gragwstreqt fmm the east property line approximately 640-feet north of the south property liner as proposal. 6. Extend East Palm Street f mm the out property line approximately 440-feet north of the south property line, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRAN TINO APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO 2 PLANNED DEVELOPMENT (AZd13-021) PAGE 6 OF 26 7. Install swinging gate at the ccumection of Daame Drive and. palm Sftd for the present time. Cot Mruct a pedestriaWbicycle pathway that connects the improvements on Duane Drive (south of the gate) to the 24.1eet of pavq=t that exists 01orth Of the gate). * Duane Drive shall be a public street connection. Also, a public hearing would have to be hold by the Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would irtolude members of the public, service providers, agencies, etc. (Per Clrriisky Richardson,s letter to Anna Powell — Planning and OZffin�) Directors stamped: RECEIVED FEB 04 200�4 City of Meridian City Clete 8. Construct a stub street (East Palm Strcet) to the west property line approximately 500-feet worth of the south property line, as per• Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Construct a stub street tot eh south property line approximately 900-feet east of the we gt Pr0PM1Y Vie, as proposed. WWI a sign at the terminus of the roadway stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub srr9 to the 5-acrc out parcel that is located at the south property line, as proposed. lmstall a sign at the terminus of the roadway stating that, "THIS ROAD WILL HE EXTENDED IN THE FUTURE". I I . Construct a stub street to the north property line approximately 100-feet west of the east Pmp" line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct a pedestrian path (rather than a stub streak) that will conned this subdivision with Briarwood Subdivision, as proposed. :13. Before a building permit is issued for lot 242, inst8ll du canter tum lane on Cloverdale Road at the intersection of Cloverdale Road and Chnger Sttw if the warrants are met prior to the District's reconstruction of Cloverdale Road. 14. Coordinate the timing and the design of the right tmn radii on Ustick Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services Staff. 15. C.onsh uct an island/median within the public rig Awgy of North Grenadier Way (near the intersection of Ustick Roedj as proposed. Provide a minimum of a 22 -foot street section on either side of any proposed center islands within the turnaround. Construct the island lmedian to be a minimum of 4-feet wide to total a minimum of a 100-square foot FMINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRAN TMG APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVEL OpMENT (AZ-03-021) PAGE 7 OF 26 +area. any proposed landscape islNXWMedim within the public right-of-way dedicated by this Plat shall be owned and maintained by ..homeowners association 16. Construct five cul-de-sac turnarounds without cenw Wands within the subdivision, as proposed. Provide a minimum turning radius of 45-fed, 17. Consixact chokers on the north aide of Patin Street at the intersection of Dunne Drive to PaVFMO for a reduced street section. 18. Vacate the existing right-af--way, exchange the misti ng right -of --way, or improve, the existing right-of-way within the proposed developmmrt (a portion of Granger Street and a 20-foot step that abuts the Perkins Brown Subdivision's east property line). 19. Deter all construction traffic Duane Drive, as no constrvction traffic should utilize Duane Drive. 20. Other than tfie access pohn that has been specifically approved with this application, direct lot gems to Ust ick Road is prohibited. 21. Comply with all Standard Conditions of Approval. 22. Per many Riahardsoa's leftcr to Anon Powe11— Planning and Zoning Director, stamped. RECEMW FEB 04 2004 City of Meridian City Clerk Office, the applicant has submitted a revised layout of some of the local streets in the intense ,011. The layout appears to Mat the District's policies and is approved as propond. D. Adopt the Meridian Fire Depart ma t Recommendations em follows: The following will be the requb=er& andlor concerns to for the prop projed: pravi$e minimum levels of fire protection 1. Ono` and two family dwellings wA ire a fa e-11ow of 1,00(3 service the entire act, Fie gallons Per minute available far duration of 2 haute t0 sePr'QJ aafe shall be placed an average of440 apart 2. A.ccepwa of the water &gVIY far fire won will be by the Meridian Water Department. 3. Final Mmoval of the Ste hydrant locations shall bebygwMeddian Fire Deparhnent which will be submitted to the Public Wmim Dom, All ewbing in &Mt of fire hydrants shall be painted red for Won each side of thee installation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRAMWG APPLICATION FOR ANNEXATION AND ZONING REDFEATIIER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 8 OF 26 4. All roads shall have a turning radius of 28' inside and 4ti' outside. firs and tempomyorpmanent street signs are required before combustible won begins G The phasing plan may requite that anyroadwaygvedwtban 150' in l gth that is not provided with an outlet d=11 be required to have a tum around, 7. The fire depmftmt requests that any future signalization installed as the result of the development of this project be equipped with Opdcom Seasons to Gays= a safe and efficient response by &e and borne by the developer, � eivioe medical svehicles. The cost of thus installation is to be 8. 07003eet7 A public stroot oonttection will be made to Dtme Drive. However, the aces will be restricted by a gate. The gate will allow for anergenq vehicle, pedestrian and bicycle access. The Applicant shall coordinate the design of the gate with ACHD and the Meridian Fira Department. (Per action of the City Council meeting of March 2, 2004.) E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: 1. The pump station at Dawson Meadows, that this project will hook up to, needs to be enlarged in order to meet the demand that will be put an it. 2. Applicant shall apply for a land use dwge.lsita application. F. Adopt the Reoornmendatiom of the Central District Health Department as follows: I . This proposal can be approved for central Sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's eentW sewage and central water plans must be submitted to and approved by the Idaho Department of Health & WelSer+e Quality., Division of Envimnmeatal 3. Ron -off is not to create a mosquito breeding problem. 4. Storrawater shall be pretreated througb a greasy Swale prior to discharge to the subsurface to prevent kapact to groundwater and MGM water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAw AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHM ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-421) PAGE 9 OF 26 S. The Engineers and architects involved with dw design of the subject project shall obtain current best rmamgement practises for starmwatexdisposal and design a stormwater mm aganent system that prevents groundwater and surface water degradation. G' Adopt the actfon of the City Council tal= at their March 2, 2004 meeting as follows: 1. Duane Drive shall be a public street connection Also, a public hearing would have to be held by the Ada County Highway Commission if there was a request fbr the gate to be rmoved. Anyone can make the request to remove the gate, which would include members of the public, am -vice providers, agencies, etc. (Per Christy Richardson's of letter to Anna Powell — Planting and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) Additionally, the Ada County Highway Commission, upon a public hearing; would then have to address the Duane Drive standards, width, sidewalks, and who would bear the expense for said improvements At no point in time shall construction traffic, or extra vehicles, except the present exiting mounding homeowners, be allowed to use Duane Drive, and the existing fence', which is now in place, shall remain in place until such time as the gate can be constructed. 2. Since the most westatn portion ofthe property is to be made a part of this annexation which is to be rezoned to C-0, a Development Agreement shall be entered into between the City of Meridian and the owners ofthe property to be zoned C-G (Harry & Franccs Bryson and Melvin R. and Noma E. Schrararneck Trust) that would restrict development of future uses for this area. The Development Agreement shall else cite the appropriate Comprehensive Plan policies (from Chapter VI and VII) as applicable to these pmpa des. (See number B.2. above for further explanation.) 3. Pertaining to the dispute over the boundary linens on Granger between the Applicant and Jim and hma Mittleider, the Applicant resolved this situation by positioning the right -ems way further north to compensate for what the Mittleider,s believe to be their property. The Applicant shall also work with the h itdeide m to work out the piping of ditches. Additionally, the Applicant stated on public record that they would be willing to meet with the Mittleiders to goo ova the development plan, and to discuss any issues they may have. 4. The revised Landscape Plan shows the increased laodscapebuffer along Ustick Road to be 35 fleet, which meets the entryway corridor policy of the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DEMION AND ORDER GRAN71NO APPUCATMN FOR ANNEXATION AND ZONING REOFEATBER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 10 OF 26 13. It is found that the requested zoning designations, R. 4 and C-G, are harmonious with and in amr dance with the effective Comprehensive Plan ('02) and the Fixture Land Use Map, which designates the land to be "Mined Use Rzoonal for thepropow d"propertyand Medium Density Residential for the R-4 property". 14. It is not anticipated that the applicant intends to rezone the subject property in the future because of the proposed use in the R-4 zone (single-family) and the flexibility far future developMOM on the C-G proposed property. IS. It is found that the proposed single-family residemial portion of the zoning amendment would be developed in a manner substantially conaisW with the proposed R-4 zone and/or consistent with alloweable Pinned Development uses, The applicant submitted a revised preliminaryplat, planned dewloptnatplan, and landscape plan for the R4 single-family residential property, but a Developma t Agreement will need to be entered into between the City of Meridian and the owners of the property to be zoned CEO Many & Frances Bryson and Melvin & and Noma E. Schmmmeck Trust) that would strict development of fttture uses for this area. The Development Ag m ant shall also cite the appropriate Comprehensive Plan policies (from Chapter VI and VID as applicable to these properties. (See number B2. above for further explanation.) 16. It is found that the annexation, zoning and rede+r+elopment ofparcels to the north and east of this site (witbin Boise City limits) to meduun density nsidattial uses are similar to the proposed use and would be compatible. Recently them bave been several larger residential subdivisions, with densities sim lar to those allowed in the R4 zone that Have been approved by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER aRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATH R ESTATES SU13DIMION NO.2 PLANNM DEVELOPMENT (AZ.03-021) PAGE 1 i OF 26 City of Boise. Providence Place, Hesthw Meadows Subdivision, Dawson Meadows Subdivision and Redhadia Estates Subdivision #1 nave all been approved forsingie-familymeKknC= in thevicinity of this site. An annexation aid zoning application fur a proposed GG zone was approved by the Planning and Zoning Camrnission in SrIPtember 2003 for the 18 acmes immediately north of the proposed C-0 ProPab► within the subject application. The arterial Weds adjacent to this site, Ustick Road (between Clovardale Road and Eagle Road) and Eagle Road are cruQently not Muded within ACHD's Five Year Work Program for roadway hApnovements. 17. It is found that the proposed use R-4 (single family raidential) match the intended character of the vicinity. It is fmmd that the proposed zoniu can be designed and constructed in a man= that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area, It is also found that to came compatibility of the commercial area, a Development Agreement shall be required which will help guide appropriate and harmonous appearances in the future. The existing chaw,er of the area will, and is, currently changing, especially upon build -out of the proposed project and other similar subdivisions in the general vicinity. It is found that it will not adversely change the essential character of the area. IS. It is not anticipated that the proposed ricaidential or connurcial uses will be hazardous or "ttubing to future or existing neighbors, due to other suing and proposed uses in the vicinity of the site. 19. The Meridian Fire Department submitted a List of conditions and needs in order to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRAN7Mgo APPLICATION FOR ANNEXATION AND ZONING REDFEATMM ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PACTS 12 OF 26 mkqu&Wy save the project, and said list is addressW within 12. D. hereinabove. Additionally, i ACHD submitted their regniremearts, mmc�dations and eondidOns which are addressed in 12.C. heremabove. Water and sanitary Sewer SaMees are proposed to be extended from existing service limes in Ustick Road and near the Soudh Slough, via Eagle Road. 20. It is found that there W ill not be excessive additional requirements at public cost for public services and facilities and that the annexation and zoning will not be dtal to the community's economic welfam The Ilideveloper will be,finaocigg the extension of sewer, water, local street infrastrucanv, utilities and irri gaa'ou savices to seine the project. The primary public costs to serve the future residents will be ft police and school facilities and services. 21, It is found that the purposed residential and commercial zones/uses will not be I detrimental to people, property or the al welfare of the area. The proposed uses on the subject Property will create additional traffic Qnnembyarterial roadways. Washington Group International prepared a traffic study for tWs site. �s a result of the site build -out, Washington Group anticipates that trafl7ic on the vicinity roadways expected to increase as follows: traffic on Ustick Road, west of Duane Drive, may incr== by 945 vpd; traffic on Ustick Road cast of Grenadier Way may increase by 874 vpd; traffic on Clove We Road north of Granger Street may increase by 332 vpd,- traffic On Cloverdale Road south Of Street may increase by 905 vpd. The intersection of Ustick RoadtCloverdale Road is cuto ently operating at a LADS E with'a delay of 56 seconds per vehicle. At build -out of the Red£ea&w Estates No. 2 Sete, the Ustick Road/ClovmWe Road intemcction is projected to coabinuute operating at LOS E with a delay of 70 seconds per vehicle. The intersection of Cloverdale Roeff ' l Avenue is currently operating at a LOS F with a delay of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DBCISION A10 ORDER GRAMING APPLICATION FOR ANNEXATION AMID ZONNO RMFEATfM ESTATES SUBDIVISION NO.2 PLANNED DEV�JDPMENT (A2d13-0.21) j PAGE 13 OF 26 I i I I 112 seconds. At build -out of the R dfealtiur Estes No. 2 site, the intersection is projected to continue operating at LOS F with a delay of 112 seconds per vehicle, I I It is recognized that the tra( and noise will increase with the approval of this subdivision; however, it is believed that the amount generated will be dfrimental. to the general welfare of the public. It is not anticipated that the p�oposed annexation and subsequent usm will create excessive noises smoke, furnes, glare, or odors. 22. ACHD has reviewed gird recommended approval ofthe vehicularapproach to the site I from Ustick Road. The ACHD Commission approved the subject application and proposed vehicle an . Further, the applicant is to extend stub streets that were originally approved and constructed to provide efficient to the site, limiting the amount off with traffic on surrounding streets. Review ofIthe ACHD report far ibis project will provide additional information. i 23. A revised Landscape Riau was submitted and which Plan increased the landscaping I along Ustick Road to 35 feet, it took the very long street and created a loop. Additionally, there I will be pedestrian access fivm the Guru terminus of Briarwood Drive to Briarwoad Subdivision, as proposed, and to retain the existing maple tree. All trees that we removed from this site shall be I mitigated in accordance with MCC 1 �,l3-13-6. The revised LmWscgc plan was approved by the Planning and Zoning Department. The South slough (FLatcral) crosses the subject Property along the southwest corner of the proposed R•4 property. The Milk Latud will be piped by the Applicant. The applicant is proposing to oonswact a 10-foot W4 paved multi -use pathway adjacent to thelateral as part of fe i i FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRA1V'FJI*lG APPUCAUON FOR ANNEXATION AND ZONMG REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEV=PM NT (A2.03-021) i� PAGE 14 OF 26 i development proposal for the Radfeathsr developmeaL Ifali appliable agmcydesign and huftnent I standards are complied with, it is fou id that the proposed pathway will not result in the destruction, I loss or damage of the lateral. RACIO the proposal should enhance the lateral by allowing nearby residents to enjoy the featmm There appears to be no{ other natural or anemic fratures of maj or importance in the area, that may be affected the o pr Pomd re�neduse8. 24. It is found that the ans%exaf MJrezone of this property would be in the beat interest of the City. 25. It is found that if the +MOP" pays for the requested improvements UA complies with the conditiow set earth in these Findings offact No. 12, and all sub -parts, the economic welfare ofthe City and its )asidents and tax and rate payers will be protected, a i condition of annexation and zoning doignetian. 26. It is also found that t I development ommidemions as refmmcW in FindingNo. I 12 are reasonable to require and muss be taken into account; in order to assure the proposed development is dzsigned, oars ttu" operated and maintained in a manner which is harmonious and appropriate in appearance with tl a wddin& or intewded cbmac ter ofthe general vicinity, m order to assure that the proposed use �sll not change the essential characxer of the affected vicinity and will insure that the progvsed uses will not be hazrdous or disturbing to the existing, or future neighboring uses, ply considering the impact of proposed development on potential to pmduco ear`cessive trafficnoise, smoke, futaes, glare mW odors. I CONCLUSIONS OF LAW FMINGS OF FACT AND CONCWSJONS OF LAW AND DECISION AND ORDER GRANTM APPLICATION FOR ANNOUnON AND ZONWG RMMAnM ESTATES SUBDIVISION NO.2 PLANNED DBVtLOPMBNT PAGE 15 OF 26 1. The City of Meridian has authority to annex real Property upon written request for annexation and the reel property berg contiguous or adjacent to dty boundaries and that said property lies within the area of city i*pact as provided by Idabo Cade Section 50-222. The Mmidian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning ArL as set forth in the City's Comprehensive Plan. 2. The Council may of actual conditions existing within 3. The City of Meridian "Local Land Use Planning Act of adoption of the Amended Resolution No. 02-382. 4. The following acre notice Of Bove tmfl Oananpgg, and policies, and City and State. exercised ita authority and responsibility as provided by codified at Chapter 65, Title 67, Idaho Code by the Plan City of Meridian adopted August h, 2002, to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application Chapter VI and Chapter VII. E 5. The zoning of(R-4) Low Density Residential is defined lathe zoning Ordinance at § 11-7-2 C as follows; " OnlY 8i49Wf kMily dwcllings shall be permitted and no conditional uses shall be permitted cxccpt forplanaed residential development and public schools. The purpose of the R4 Districtis tao peewit the establishment of low density singWfionfly dwdHxgK andII'to delineate those areas where predominantly residential d evelopment has, or is likely oc= in accord with the Comprehensive Plan ofthe City, and to protedt the integrity of residential areas by puAdUtinS the intrusion of incompatible nonresidential uses. The R4 PiMict allows fOf a maximum of four (4) dwelling units per we and requn= connection too the Municipal water and sewer systems of the City. FINDINGS OF FACT AND - - OF LAW AND DECISION AND ORDER GRAVONG APPLICATION FOR ANNEXA710N AND z0NM RpDFEATHER ESTATES SUBDrWSMN NO.2 PLANNED DE`ipMpMEN1' (Az-03-021) PAGE 16 OF 25 1 ! 6. Since the armcaatkMi and zoning of land is a legislative function, the City has authority to place conditions upon the anacmdon oflanQd. SOO DW vs. The Cihr of Idaho Falls 105 Idaho 65,' 665 P2d 1075 (1983). 7. The development of the ammed land, if annexed, shall meet and comply with the Ordinances of the City of M idian 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 Ma ddian. S. Pursuant to Section 11-16.4 A of the Toning and Development ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECIMON AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING F1N- DINGS OF FACT AND CONCLUSIONS OF LAW, the City COMM does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 114.52 acres to Low Density Residential (R-4) and Cleneral Retail and service Commercial (C-G) is granted aject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 114.52 acres. The legal description shall be prcpared 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 desraiption for annexation mud place this parcel contiguous to the Cor xwft City Limits per Ordinance No. 686. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTIM APPLICATION FOR ANNEXATION AND ZONING REMEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVEL0pM M (A7A3-021) PAGE 17 OF 26 3. Developer shall be required to meet the conditions set fortb uld 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 Special Recommendations of the Planning and Zoning Commission a$ follows: I. Do not require the inclusion of the one -acne Smitchger Out pmwl in the annexation C. Adopt the Recommendations of the Meridian Planning & Zoning Department as hollows: 1. Removal of SAY O=ing domestic wells an&or septic systems within this project from their domestic su'vice must be accomplished within two years of the approval of these Anion cad Zoning Findings, but it may be wrtmded for an additional year by the City Engineer if good cause is shown, and pending development of the parcel would warrant the extensiOn. Wells may be used for non -domestic purposes such as landscape irrigation. 2. Prior to annexation, a Development AWOMMt shall be entered into between the City of ]Meridian and the owruas of the grope* to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. S Mee( Tait) that requires 9My future uses of the property to be approved only through the conditional use permit process. In addition, the went shall include a requirammt that either a public or private bsek W street generally parallel with Eagle Roa&SH 55 be incorporated into the dwW of &tare site plans. A conceptual master plan demonstrating mtarcoaMcgivity, transitional uses, access points and other key land Planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schranimeck properties. The DA sball also cite the following Comprehea vc plan policies (from Chapter VI and VII) as applicable to these mane properties: "Large development proposals that are likely to gen,arats significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be emnined far ways to eaoaurage all form of transportation such as transit, wglnn& and cycling. FINDMS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GMNMG APPLICATION FOR ANNEXATION AND ZONM RBDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVEWrmENT (AZ-03.021) PAGE 18 OF 26 • New development should not rely on cul-de-sacs since they provide poor fire access, waUmbilit r, and neighborhood social life. New development and streets should be dedped to encourage walking and bicycling. i In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport, hnMvemeat in and encouraged use of public transit systems is an important Srst step. Public trwisit includes bus systems and rideshering. By fostering such moans of high vehicle occupancies, congestion on roadways can be dearem ed. • Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiple -use PathwaY s are depicted in Figures V1-3 and VIA New and existing developments Should ensure flu t the guidelines laid out in this plan are adopted. • Eagle Road is the major north -Muth arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access corineWOns W this important roadway. The City should recognize, adopt, and help implem at the Eagle Road Acores Control Study, prepared by ACHD in 1997.1, 'Mere feasible, mold -family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, SS or 69; • In developments where multiple commercial and/or offioe buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; • Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the psrc cl shall be tiled per City Ordinance 12-4- 13. Plans will need to be approved by the appropriate imgatlonldtai gage district, or lateral users association, with written caa$nmation of said appQ+oval sdmdtWd to the Public Works Departmeaat. C. Adopt the Recoarnurrdations of the Ada County Highway District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DBCI ON AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOph ENT (A7r43-021) PAGE 19 OF 26 1. The Board of Commissionm mzft ns the wgmiditure of available collected impact fees for the putrhase of right-of-way dedicated by the applicant, with the applicant consMw&g a sidewalk as descril;ed below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by d m dm (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicMt's specific development Pro3ea) as additional 23- feet of right-of-way along Ustick Road, and constraot a minimum S-foot wide concxete sidewalk along Ustick Road, located a minimum of 23-feet from the centerline of the right-of- way. b. Do not dedicate additional right -of --way, but C=tivct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-feet from the centerline ofthe fighttaf--way, in an e89e07eni provided to the District. a Do not dedicate additional right-of-way, but constmet a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge of the anstmS right-of-way. Accomplish all necessary adjustments to properly acoomrnodate existing drainage and utilities. 2. Construct the main entrance, North Gmedier Way, to intersect Ustick Road approximately 370-feet east of the west property link as proposed: This roadway shall align with an existing roadway that is located an the north side of Ustick Road. 3. Construct North Grenadier Way and East Granger ShW as resid�nial collectors, but belicm that these roadways should be constructed as 36-foot street sections with vertical curb, Surber and 4-foot detached concrete sidewalk (or a 5-foot attached concrete sidewalk). 4. Construct the remainder of the internal roadways as 36-foot street sections with rolled curb, ,gutty and 5-foot aged concrete sidewalks, as proposed.. 5. Extend Granger Street from the east property line dWroximately.640-feet north of the south propwty line, as proposed. 6. Extend East Palm Street from the cast property line approximately 440-fast north of the south property line, as proposed. ' 7. install swir%ft gate at the connection of Duane Drive and Palm Stcvt for the present time. Construct a pedestriantUcycle pathway that oonmwts the improvements on Duane Drive (south of the gate) to the 24-feet of pavement that exists (north of the gate). FIlrTDIIYGS OF FACT AND CONCLUSIONS OF LAW AND DEC SION AND ORDER, GRANTING APPLICATION: FOR ANNEXATION AND ZOM N0 REDFEATHER ESTATES SUBMISIOMNO. 2 PLANNED DEVELOPhI NT (AZ-03-021) PAGE 20 OF 26 * Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Commission if there was a request fir the gate to be removed. Anyone can make the request to move the gate, which would include members of the public, service providws, agencies, etc. (Per Christy Richardson's letter to Anna Powell — Planning and Zming Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clark Office.) 8. Construct a stub street (East palm Street) to the west property line approximately 5004eet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "TM ROAD WILL BE EXT LADED IN THE FUTURE". 9. COm8ttud a stub street tot eh south property line app mxmn sly 900-feet east of the west ProPW1y HIM as Proposed Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub street to the 5-acre out parcel that is located at the south property line, as proposed. Install a sign at the termims of the roadway staling that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Constru n a stub street to the north property line approximately i 00-feet west of the east PAY line, as Proposed. IosWl a sign at the terminus of fibs roadway stating that, "THIS, ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct a pedestrian path (radw than a stub street) that will connect this subdivision with Brierwood Subdivision, as proposed. 13. Before a building permit is issued for lot 242. install the meter, tum lane on Cloverdale Road at the intersecxion of Cloverdale Road and Graarger Strut if the warrants are met prior to the District's reconstruction of Cloverdale Road. 14. Coordinato the timing and the design of the right -tam radii. on Ustick Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services StafE 15. Construct an island/median within the public right-of-way of North Grenadier Way (near the intersection of Ustiek Road), as proposed. Provide a minimum of a 21-foot street section on either side of any proposed center islands within the turnarounds. Construct the island/median to be a minimum of 4-feet wide to total a minimum of a I Msquare foot area. Aay proposed landscape iaiandslmedims within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTJNG APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVI5ION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 21 OF 26 1 b. Construct five cul-de-eac turnamm ds without center islands within the subdivision, as PMPQMd- Provide a miaimwn turning radius OM —feet 17. Construct chokers on the north side of palm Shiest at the intersection of Duane Drive to provide for a reduced street section. IS - Vacate the existing right -of way, eaohange the existing right-of-way, or improve the calf ag right -Of --way within tine proposed developmeart {a portion of Changer Strut and a 20-foot strip that abuts dw Perkins Brown Subdivision's east property line). 14. Deter all construction traffic Duane Drive, as no won traffic should utilize Duane Drive. 20. Other than the access point that has been specifically aNmved with this application, dinat lot access to Usticic Road is probibited. 21. Comply with all Standard Conditions of Approval. 22. Per Christy Richatdson's letter to Anna Powell — Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office, the applicant has submitted a revised layout of some of the local streets in the intersection. The layout appears to meet the District's policies and is approved as proposed. D. Adopt the Meridian Fire Depart Reconmunaafiions as follows: Thefar following will be the requir+arrrgats and/or concerns to provide niinirnum levels of fire protection proposed P%1fte 1' for surd m wo family hours to a will 1egwreafit"Owof1,000gallonsperminuteavailable for duration of 2 hours to savice the entire pen ccL Fire hydrants shall be placed an average of40©' apart, 2. Acooptanw of tha water supply fr fire Pvtection will be by the Meridian Water Department, 3. Final 470val ofthe Smo hydrant locations shall be by the Meridian I = Department which will be submitted to the public Works Depatmmt, All prbing in front of fire hydrants shall be painted rod for 10' on each side of the installation 4. All wads shall have a turning radius of 28' inside and 48' outside. FINDINGS OF FACT AND CONCLUSIONS OF LAw AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA71ON AND ZONM REDFEATM ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 22 OF 26 5. Operational fire hydrants and temporary or parrnamew street signs are required before cambustrble construction begins. d• The Ping p1m may require: that any roadway greater than 150' in length that is not provided with an audet shall be required to have a turn around. 7. IU the department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to etnme a safe and efficient response by fire and ema gency medical service vehicles The cost of this inaWletion is to be borne by the developer. 8. assess-4i e ptej A public street connection will be made to Duane Drive. However, the access will be restricted by a gala. The gate will allow for emergency vehicle:, pedestrian and bicycle access. The Applicant shall coard nfitcthe design of the gate with ACHD and the Meridian Fire Depatnent, {Per action of the City Council mee ft of March 2, 2004.) E. Adopt the Reoominendation of Nampa & Meridian Irrigation District as follows: 1. The pump station at Dawson Meadows, that this project will hook up to, needs to be enlarged in order to meet the demand that will be put on it. 2. Applicant shall apply for a land use change/site application. F. Adopt the Recommdulations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central waW after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water pleas mutt be submitted to and approved by the Idaho Department of Health & Wert Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stotttawatm shall be mod through a grassy awale prior to discharge to the subsurface to prevent impact to grourfwateer and surface wa tar quality. FINDIlM OF FACT AND CONCLUSIONS OF LAW AND DECL90N AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDrMION NO.2 PLANNED DEVELOPA+JM (AZ-03-021) PAGE 23 OF 26 S. The Engineers and erchiteca involved with the design of the subject project shall obtain current heat management practices for stormwater disposal and.dekp a stormwater nzanageanent system that prevents groundwater and surface water degradation. G- Adopt the action of the City Council taken at their March 2, 2004 meeting as follows: 1. Duane Drivo shall be a public street connection. Also, a public hearing would have to be held by the Ada County Highway Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agegencaes, etc. (Per Christy Richardson's of letter to Anna Powell — Planning and Zoning Diredw, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) Additionally, the Ada County Highway Commission, upon a public hearing, would then have to address the Duane Drive standards, width, sidewalks, and who would bear the expense for said improvers h, At no point in time shall eonskuction traffiq or extra vehicles, except the present existing surrounding homeowners, be allowed to use Duane Drive, and the existing fence, which is now in place, shall remain in place until such time as the gate can be constructed. 2. Since the most western portion of the property is to be made a part of thi s annexation which is to be rmned to C-G, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schranumeck Trust) that would restrict development offitture uses for this area. The Development Agreement shall also cite the appropriate Comprehensive Plan policies Mum Chapter VI and VII) as applicable to these properties. (See number B.2. above fbr finther explanatiom) 3. Pertaining to the dispute over.the boundary lines on Grangerbetween the Applicant and aim and Iona Mittleider, the Applicant resolved this situation by positioning the right-of-way further north to compensate for what the Mittlaider's believe to be their property. The Applicant shall also work with the Mittleidera to work out the piping of ditches. Additionally, the Applicant stated on public record that they would be willing to meet with the Mittlaiders to go over the development plan, and to discuss any issues they may have. 4. The revised Landscape Flan shows the increased landscape buffer along Ustick Road to be 35 feet, which meets the entryway corridor policy of the City. 4. The City Attorney shall prepare for consi , - _ _ti - -by the City Council the appropriate FMINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANNY' G APPLICATION FOR ANNEXATION AND ZONRgG REDFEATHER ESTATES SUBDIMION NO.2 PLANNED DEVELOPIVIEAI'1' (A Z-03-021) PAGE 24 OF 26 ordinance for the annexation and zoning designation of the red Propmly which is the subject of the application to (R-4) Low Density Residential District and (C-0) General Retail and Serviee Camineraal District; and Meridian City (;ode 1 l 1-7-2. 5. SubsegUmt to the gassag8 of the QAina= pmvidCd for in section 4 of this Order the engineering staffofthe Public Works Dgmrtment shall pr+e MV the apPOOPriatemapping changes of the ofdal boundaries and zoning maps as provided in Meridian City Code § I 1.21-1 in a000rdance with the provisions of the annexation and zoning ordinance, ].NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAMGS ANALYSIS The Applicant is hemby notified that pursaant to Naito Code 67-5003, the Owner may request a regulatory talking analy$i& Such 1equest must be in writing, and must be filed with the City Clerk not more thaw twenty-eight (28) days after the final decision eoneerning the matter at issue. A request for a rq-Watory Wdngs analysis will toll the time period within which a Petition for Judicial Review may be filed. Plksee take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67.652I. An affected person being a person who has an interest in real Property which may be adversely a$i eW by this deccism may, within twenty-eight (2g) 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 Camel at its regular meeting held on the f a day of Alylf 01 .2004. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRAN71NO APPLICATION FOR ANNEXATION AND ZON Mt# REDFRATHF1t ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMBNT (AZr03-021) PACE 25 OF 26 ROLL CALL, COUNCILMAN SHAUN WARDLE COUNCILMAN BILL NARY COUNCILMAN CHARLM ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY do WEERD CM BREAKER) DATED:�-- MOTION: APPROVED: DISAPPROVED: Attest: BSAL William G. Bag, Jr., Ci Copy srvsd upon Applicant, the Plsnni�tig'!}�igg the City Attorney, VOTED LA-. VOTED_ VOTED VOTED Public Works Department and b.1WMW74 KWhAMw iu li.60Emu s N& 2 KNTKl PP.0 1<N CL*434)4j\AZpft=rjw,dw FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANMNG APPLICATMN FOR ANNEXATION AND ZONING REDFEATIER ESTATES SUBDIVISION NO.2 PLANNED DEVELOpNMNT (AZ-03-021) PAGE 26 OF 26