Loading...
Champion Park Subdivision Addendum MI 05-015 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 57 BOISE IDAHO 03130/06 02:02 PM ~~~~~~E~:a~~~~~:f OF III III/IIIIIIIII!II!IIIII!I!IIIII IIII Meridian City 106048480 '--"-"-. FIRST ADDENDUM TO DEVELOPMENT AGREEMENT REMOVING LOTS 1 AND 2, BLOCK 1 FROM ORIGINAL AGREEMENT PARTIES: 1. 2. City of Meridian Hillview Development Corporation, Owner/Developer The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into on the 6th day of May, 2003. This addendum is made and entered into this 2.. I'\d' day of m CL r eJ\.- , 2006, by and between CITY OF MERIDIAN, a municipal corporation ofthe State ofIdaho, hereafter called "CITY', and HILL VIEW DEVELOPMENT CORPORATION, whose address is 150 E. Aikens, Suite A, Eagle, ID , hereinafter called "OWNER/DEVELOPER". OWNER/DEVELOPER agrees to be bound by the terms of the original Development Agreement, on the land described in Exhibit "A", except as specifically to page 4, Item 4-1, pages 5-9, Item B, and page 12, Item G. 1. The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described Development Agreement, entered into on the 6th day of May, 2003, recorded as instrument #103085229, Exhibit "B", or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That the requirements and restrictions of the above described Development Agreement, Exhibit "B be modified as follows: . a. Page 4, Item 4-1 - "Construction and development for a Planned Development consisting of 299 single-family detached building lots, 76 townhouse/patio home lots, 4 office lots, 2 commercial lots, 1 pocket park, 1 City "Neighborhood" Park, and 32 common lots. b. Pages 5-9, Item B - Add the Ada County Highway District's conditions for this phase of the development to this section, as follows: i. Dedicate a total of 48-feet right-of-way from the centerline of Ustick Road abutting the parcel. The right-of-way purchase and sale agreement and deed much be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commissioners or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way ADDENDUM TO DEVELOPMENT AGREEMENT (MI 05-015 CHAMPION PARK SUBDIVISION) PAGE 1 OF 5 dedication after receipt of all request material. The owner will be paid for the fair market value of the right-of-way dedicated which is in addition to existing ACHD right-of-way of the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. ii. Construct a 5-foot concrete sidewalk located a minimum of 41- feet from the centerline of V stick Road. iii. Construct the internal streets as 36-feet sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50- feet of right-of-way, as proposed. IV. Construct two cul-de-sac turnarounds without center islands within the subdivision, as proposed. Construct turnarounds to provide a minimum turning radius of 45-feet. v. Construct one knuckle without a center island, as proposed. VI. Construct a 30-foot wide shared curb return type driveway that intersects Leslie Drive approximately l40-feet north ofVstick Road to serve Lot 33 and 34 of Block 1, as proposed. Pave the driveway its full width and at least 30-feet into the side beyond the edge of Leslie Drive. vii. Place a note on the final plat stating that direct lot access is prohibited on V stick Road. Vlll. Comply with all Standard Conditions of Approval. c. Page 12, Item G - Add the new case numbers for the subject Conditional Use Permit (MCV 05-004), Preliminary Plat (PP 05-061) and Miscellaneous Application (MI 05-015). 3. That "Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation of the "OwnerlDeveloper", or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This addendum shall be binding upon and insure to the benefit ofthe parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This addendum shall be binding on the "Owners" of the "Property", each subsequent owner and any other person(s) acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions ADDENDUM TO DEVELOPMENT AGREEMENT (MI 05-015 CHAMPION PARK SUBDIVISION) PAGE 2 OF 5 thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner" or "Developer", to execute appropriate and recordable evidence of termination of this addendum if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Addendum. 5. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. . 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between "OwnerlDeveloper" and "City" relative to the subject matter hereon, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this addendum 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". a. Except as herein provided, no condition governing the uses and/or conditions governing development ofthe subject "Property" herein provided for can be modified or amended within 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. 7. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 05-015 CHAMPION PARK SUBDIVISION) PAGE 3 OF 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNERIDEVELOPER: HILL VIEW DEVELOPMENT CORPORATION BY: CITY OF MERIDIAN BY: -:Fro~ ,4p~\~~~~~~/~~~ &> ~~ 3 -//--p Ó ,," :'.' ""'111 """" -$" à r('~1POl~ ;t, "'Y"'~ :: .;V <'6 -:::- ~' - ,,_f ~_:.-,: - r-.- .' ',' ':: ¡, -'.- ,- ," ..~ Attest: ADDENDUM TO DEVELOPMENT AGREEMENT (MI 05-015 CHAMPION PARK SUBDIVISION) PAGE 4 OF 5 STATE OF IDAHO) : ss: County of Ada ) 0 ¡t.- On this L day of ~ , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Jim Merkle on behalf of Hillview Development Corporation, known or identified to me to be the president of said corporation, who executed the instrument on behalf of said corporation, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) tttØ'Utlit.." ~.." , (!> T ~ ';;ì~ ~':!# (:.S'.,.~ L.. .rIJ... :'""',-. k .<,.\, ,1'¡\;;¡:"'.'I'".,,"',tj-,.,' "",- ~,,"" ~,;' .. "-" ',.~.. "" ,y ., .r ,(, ,-,. tq' it "'. "'¡. ,'" '::. ~ 4¡r\~f \;\0:, jLi' l' (~ ~ ¡¡ '" .- j -""."".... .. .. (¡.. ::: '$ PUlft. \. ;:0 :: ~.. !II" <::> :: '" if'A e.. .. ~ ~ '\ .r ~ ..........- ~ ..~ "" 7'13 OF \" "", ," ,~" "'un..""'" STATE OF IDAHO) /~ : ss County of Ada ) On this~ day of VV~()v\.('t,ù ,2006, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and ~i~Üifl.~' ificate first above written. ~OT~~ . :~, ~ ~ t\ S\\ ß .:. i ,r '-, : : : : i DJ\, ~_: \V\\j~~;\ ) . , , . - (SEAL) \... /' : Notary Public for Idah9 , '. .~"~~. Residi~g ~t: .Y¥V Un D\ I ,..Y (itL,~ ~lî5f.11P'" CommIssIOn expIres: ID--/C:;-.-II ADDENDUM TO DEVELOPMENT AGREEMENT (MI 05-015 CHAMPION PARK SUBDIVISION) PAGE 5 OF 5 EXHIBIT A ~- Let!al DescriDtion Of ProGertv A parcel ofland located in the E 1/2 ofllie SW Y-a and the W ~ of the SE ~ of Section 32, T.4N., R. IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 31 and 32 of said T. 4N., R. IE., and Sections 5 and 6 ofT. 3N., R. IE., B.M.; Thence North 89°43'17" East, 1991.44 feet on the section line common to said Sections 32 and 5 to the REAL POINT OF BEGINNING; Thence North 00°01' 19" West, 2652.73 feet on the westerly boundary line of the East ~ of the SE Yo. of the SW ~ of said Section 32, a portion of said line also being on the easterly boundary line of SUmmerfield Subdivision Number 3, as same is shown on the Plat thereof recorded in Book 69 of Plats at pages 7047 and 7048 of Ada County Records, to a point on the east-west mid-section line of said Section 32; Thence North 89°54'10" East, 573.09 feet (fo11l1erlydescribed as North 84°42' East, 573.4 feet) on the east-west mid-section line of said Section 32, said line also being the southerly boundary line of Heritage Subdivision Number 2, as same is shown on the plat thereof recorded in Book 23 of Plats at pages 1452 and 1453 of Ada County Records, to a point on the westerly boundary line of Jasmine Acres, a Subdivision, as same is shown on the plat thereof recorded in Book 59 of Plats at Page 5829 and 5830 of Ada CO\Ulty Records; Thence on the westerly boundary line of said Jasmine Acres for the following courses and distances; South 13°05'58" East, 107.12 feet; Thence South 29°45'58" East, 43.30 feet; Thence South 53°12'58" East, 164.80 feet; Thence South 65°26'58" East, 111.00 feet; Thence South 66°08'58" East, 283.70 feet; Thence South 78°20'58" East, 160.90 feet; Thence South 70°46'58" East, 121.50 feet; Thence South 63°03'58" East, 177.50 feet; Thence South 48°10'58" East, 154.02 feet to an angle point in the boundary line of said Jasmine Acres; Thence leaving the westerly boundary line of Jasmine Acres, South 48°10'58" East, 44.58 feet; Thence South 32°10'58" East, 201.40 feet; ,-- ..--- Thence South 45°23'58" East, 99.30 feet; Thence South 27°05'58" East, 267.80 feet; Thence South 01 °00'28" East, 152,80 feet (fonnerly described as South 0°22' West, 159.2 feet) to the southeast comer of the NW 1'4 of the SE Y. of said Section 32; Thence South 00°01'23" East, 1326.17 feet to a point on the Section line common to said Sections 32 and 5, said point being the southeast comer of the SW ~ of the SE Y. of said Section 32; Thence South 89°43'57" West, 1328.23 feet on the section line common to said Sections 32 and 5 to the Y. Section comer common to said Sections 32 and 5; Thence South 89°43 '17" West, 663.82 feet on the ,section line common to said Sections 32 and 5 to the real point ofbegiDning. Said parcel contains 104.77 acres more or less. ..-- ---'-, -- --- ---,..... ~ , !' ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 051231113 12:00 PM DEPUTY Michelle Turner RECORDED-REQUEST OF Meridian City , AMOUNT ,DO '- .fJ/. Iff : , ~ - , ~- -,,~--,- - -, , , , 11213085229 -----j Exh,6i+'B I DEVELOPMENT AGREEMENT PARTIES: 1. 2. 3. City of Meridian Tom E. Davis and Sue C. Davis, Owners Hillview Development, Developer THIS,£EVELOPMENT AGREEMENT (this "Agreement"), is made ar;ld entered into this £; - day of h1.~ . 2003, by and between CITY OF : - , MERIDIAN, a municipal corporation of eState ofIdaho, hereafter called "CITY', ana TOM E. DA VIS AND SUE C. DAVIS, husband and wife, hereinafter called , "OWNERS", whose address is 2740 E. USTICK ROAD, MERIDIAN, IDAHO 83642, and HlLLVIEW DEVELOPMENT CORPORATION, hereinafter called "DEVELOPER", whose address is 150 E. AIKENS, SUITE A. EAGLE, IDAHO 83616. 1. RECITALS: 1.1 WHEREAS, "OWNERS" are the sole owners, in law and/or equity, of certain tract ofland in th~ County of Ada, State ofIdaho, described in Exhibit A for each owner, which ,is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities: may, by ordinance, require or permit as' a condition of re-zoniIig . that the "Owners" or "Developer" mak; a written commitment concerning the use or development ofllie 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 fe-zoning of land; and 1.4 WHEREAS, "Owners" and "D.eveloper" have submitted an application for annexation and zoning of the "Property's" - described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District, (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT (AZ-O2-033) PAGE 1 of23 \- ! 1.5 WHEREAS, "Owners" and "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 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 govennnent subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and . WHEREAS, City Council, the 2-2-d day Of: Pryx-i l ,2003, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.7 1.8 WHEREAS, the Findings require the "Owners" and "Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 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 1.9 WHEREAS, "City" requires the '"Owners" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the tenus 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, 2003, Resolution No. 02-382, and the DEVELOPMENT AGREEMENT (AZ.O2~O33) , PAGE2of23 :~ ! Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration oCthe 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 pwposes of this Agreement the following words, , tenus. and phrases herein contained in this section shall be defmed 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 govenunent , 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 Tom E. Davis and Sue C. Davis. husband and wife, whose address is 2740 E. Ustick Road, Meridian, Idaho 83642, the parties developing said "Property" and shall include any subsequent owner(s)/developer(s) öfthe "Property". 3.3 "DEVELOPER": means and refers to Hillview Development Corporation. whose address is 150 E. Aikens. Suite A, Eagle, Idaho 83616. the party developing said "Property>' and shall include any subsequent owner(s)/developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property"located in the COWlty of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-8 attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: DEVELOPMENT AGREEMENT (AZ-O2-Q33) PAGE 3 of23 ~ ! 4.1 The uses allowed pursuant to this Agreement are only those uses allowed Wlder "City's" Zoning Ordinance codified at Meridian City Code Section 11- 7 - 2 CD.) which are herein specified as follows: . Construction and development for a Planned Development consisting of 275 stngle-famity detached building lots, 51 , townhouse lots, 4 office lots, 2 commercia/lots, 1 mini storage lot, 1 pocket park, 1 City {'Neighborhood" Park, and 32 common lots. . 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. ' 5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and "Developer" have submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owners" and "Developer" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Recommendations of the Meridian Plamring &, Zoning Department as follows: ANEXATION AND ZONING CONDTIONS OF APPROV AI.. 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. The Davis home (2740 Ustick) shall connect to City senrices when t he p base 0 f t he p reposed s ubdi vision t hat includes the house is submitted for final plat. ; , 2. All future commercial uses shall obtain detailed conditional use pennits prior DEVELOPMENT AGREEMENT (Az..O2-033) PAGE 4 of23 " :f to development. T he conditional use permits will place limits on the hours of operation of the commercial uses. Owner shall be allowed continued use of the land for agricultural and livestock purposes (not to exceed 150 head of cattle) until 12/21/05 or final plat approval of all phases. B. Adopt the Recommendations of the ACHD as follows: , Site Specific Conditions of Anoroval (Upon DevelQpment) 1. Dedicate 48~feet ofright~of-way from the centerline of Us tick Road abutting the parcel by means of a warranty deed. The right-or-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the fmal plat for signature by the ACHD Commission or' prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-or-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of~way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Orclinance in effect at that time (cWTently Ordinance #196), if funds are available. 2. Construct a S-foot concrete sidewalk located 2-feet within the new right- of-way. If the sidewalk meanders outside of the right-Of-way. provide the District with an easement for the sidewalk. ' 3. Construct North Park Place Way (a residential collector) to interest Ustick Road approximately 630-feet east of the west property line, as proposed. 4. Construct North Leslie Way (commercial roadway) to intersect Ustick Road to align with North Leslie Way on the south side of Us tick Road. 5. Construct North Leslie Way as a 4O-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way for approximately 540-feet north of Us tick Road. 6. Construct North Park Place Way as a residential collector extending from Ustick Road north to East Bowman Street as a 36-£oot street sections with vertical curb, gutter, 5-foot concrete sidewalk on the west side of the roadway and a 10- foot asphalt pathway on the east side of the roadways within 50-feet ofright-of~ way, as proposed. The asphalt pathway must be owned and maintained by the homeowners association. Front on housing or direct access will be prohibited. DEVELOPMENT AGREEMENT (AZ-O2..o33) PAGE 5 of23 '~ These restrictions shall be noted on the final plat. Parking will also be prohibited on this roadway. Coordinate the signage plan with District staff. ' 7. Construct North Leslie Way (from S40-feet north of Us tick Road to East Nakano Drive), East Nakano Drive and North Dixon Avenue (from East Nakano Drive to' East Herons Crossing Drive) as 36-foot street sections with rolled curb, gutter and S-foot concrete sidewalk within SO-feet ofright-of-way, as proposed. 8. Construct East Herons Crossing as a 33-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within SO-feet of right-of-way to match the improvements that were approved with the Education Campus Subdivision. 9. Construct North Leslie Way (north of East Nakano Drive, North Mahoney Avenue, North Petty Way, East Omera Street, East Charleton Street, North Gaviola Avenue, East Woolsey Street, East Satterfield Street, North Dixon Avenue (between East Van Oker Street and East Satterfield Street, between East Conner Street and East Bowman Street, and north of East Herons Crossing), East Summer Dawn Drive, East Van Oker Street, North Cafferty Way, North Hawkins Avenue, East Conner Street, East Bowman Street North Pandratz Way,'East Vigle Way, East Troxell Drive and North Conley Drive as 33-foot street sections with rolled curb, gutter and S-foot concrete sidewalk with parking on both sides of the roadway within 50-feet of right-of-way, as proposed. Submit documentation showing that the fire deparbnent has reviewed and approved the proposed street section. . 10. Construct East Swindell Drive as a 29-foot street section with curb, gutter and 5-foot concrete sidewalk with parking on one side of the roadway within 42- feet ofright-of-way, as sproposed. Parking win be restricted to one side of the roadway. Coordinate the signage plan with District staff. 11. Extend East Summer Dawn Drive from the west property line approximately 4OO-feet north ofUstick Road. 12. Extend East Herons Crossing Drive from the west property line approximately 6l0-feet south of the north property line, as proposed. 13. Construct a stub street. North Conley Avenue, to the north property line approximately 8,500-feet east of the west property line, as proposed. Install a sign at the tenninus of the roadway stating that, "TIllS ROAD WILL BE EXTENDED IN TIlE FUTURE". DEVELOPMENT AGREEMENT (AZ-O2"{)33) PAGE 6 of23 14. Utilize the driveway that intersects Ustick Road approximately 200-feet west of North Leslie Way for the existing single- family residential home. as proposed. Eliminate this driveway once the residential uSe is no longer present. 15. Construct a shared driveway on the east side of North Leslie Way for commercia11ots 1 and 2, as proposed. Provide the District with a cross-access agreement for the parcels to access the public roadway system. 16. Construct a shared driveway on the west side of North Leslie Way for office lots 2, 3, 4 and 5. as proposed. Provide the District with a cross-access agreement for the parcels to access the public roadway system. ' 17. Construct a driveway to intersect with North Park Place Way on the' east side of the roadway approximately 160.feet north of East Van Oker Street, as ' proposed. ' 18. Construct one cul-de-sac turnaround with a center island. as proposed. Provide a núnimum tunùng radius of 45-feet for the turnaround. 'Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimwn of a 1 DO-square foot area. 19. Construct four knuckles without islands throughout the subdivision, as proposed. 20. Construct islands witlún the right-of-way of North Leslie Way, North Park Place Way and East Bowman Street, as proposed. Provide a minimum clear distance of 21-feet (measured back-of-curb to back-of-curb). AnY proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of tlús shall be required on the final plat. 21. The applicant should construct ,an eastbound left-turn lane on Ustick Road at the intersection of Us tick Road and North Park Place Way. 22. The applicant should construct an eastbound left-turn lane on Ustick Road at the intersection of Us tick Road and North Leslie Way. DEVELOPMENT AGREEMENT (AZ'()2-033) PAGE 7 of23 \ 23. The applicant should construct westbound right~tum lane on Ustick Road at the intersection of Us tick Road and North Park Place Way. 24. The applicant should construct westbound right.tum lane on Ustick Road at the intersection of Us tick Road and North Leslie Way. 25. One option for funding improving these roadways is the implementation of an extra-ordinary impact fee overlay district. This applicant will be subject to extra-ordinary fees, should an overlay district be implemented in this area. (Changed per action of the City Council at their April1, 2003 meeting, and per ACHD's Inter~Office Memo dated March 17, 2003.) 26. Other than the access points specifically approved with this application, direct access to Vstick Road is prohibited. 27. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing inigation facilities shall be relocated outside of the right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387- 6280 (with file numbers) for details. S. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. DEVELOPMENT AGREEMENT (AZ-O2-O33) PAGE 8 of23 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District, approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verifY all existing utilities within the right~of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shaH be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. c. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The portion of the project which is one and two family dwellings will require a:fire- flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall beplacedanaverageof400' apart. 1997UFCAppendixill-A DEVELOPMENT AGREEMENT (AZ-O2-O33) PAGE 9 of23 '\. 2. Commercial, office and storage occupancies will require a fire- flow consistent with the Unifonn Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400. apart. 1997 UFC Appendix ill-A 3. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 4. Acceptance of the water supply for fIre protection will be by the Meridian Water Department. 5. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fIre hydrant locations will be submitted to the Public Works for plan review. ' 6. All roads and fire lanes shall have a turning radius 0[28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Unifonn Fire Code. 8. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. The typical street width of 34' will be allowed to have parking on both sides. The typical street with a minimum width of29' will be required to have restricted parking to only one side. UFC 902.2.2.1 9. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3' 10. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 11. A minimum of two points of access will be required for any portion of the project, which serves more than SO homes. UFC 902.2.1 12. It is requested that all landscape islands at the entry points be moved back a minimum of 15' to improve turning radiuses at these entrances. Per City CouDcil action taken at their April 1, 2003 meeting, the additional entity comments, concerns or requirements shaD be required 88 follows: " DEVEWPMENT AGREEMENT (~2-O33) PAGE 10 of 23 D. To clarify, the ditch easement for the ditch user's facility along the north boundary, shall be required to be shown on the Plat. There are CUIreJltl y no easements of record for the ditch. The applicant shall provide a 10 foot easement on its side of the property, and shall also pipe the facility, and shall coordinate the piping with the owner of the adjacent property, Vic Clapp. E. To clarify the matter concerning the water amenity fofthe pond and water circulation, the applicant shall work with their landscape architect for recommendations based on the depth. the size, and circulation of the water. The applicant shall provide the Planning and Zoning Department with documentation and a design for their approval. F. Adopt the requirements of the Parks and Recreation Department as follows: 1. Increase the parking lot area for the neighborhood park to 16 total spaces including 2 handicapped accessible spaces. ' 2. Provide on street parking for an additional 14 spaces, making a total of 30 spaces for the park. 3. The Parks and Recreation Department and Developer have come to a detennination on the exchange of impact fees, as outlined in the memo submitted to the City Council by Becky McKay at the March 18, 2003 public hearing. Said memo states the Developer may receive a park impact fee credit of 50% 0 fthe 1 and value p Ius improvements. The Developer and Parks Department shall enter into an agreement on the impact fees prior to the execution of the six (6) acre park land transfer. 4. Pertaining to the Meridian City Neighborhood Park, the following shall be required: a. b. The developer will donate three (3) acres of the park site. The developer will pay for fifty percent' (50%) of the park improvements (hydro-seeding, irrigation, trees and parking lot), according to the Park. and Recreation Departments specifications. The developer will construct the ten (10) foot multi-use pathway through the site, including the portion along the park. The developer will construct the micro.paths' which enter into the park. , The developer will install fencing along the north and south sides of the park. ' c. d. e. DEVELOPMENT AGREEMENT (AZ-O2-O33) PAGE 11 of23 J. f. The developer will construct the pressure inigation pond adjoining the park. The developer will provide sewer and water service to the park. The developer will coordinate with the utility companies for future service of the park. ' The developer wilt provide a pressure irrigation pwnp station, according to the Park and Recreation Departments specifications. The developer w ill coordinate with the P arks Department 0 n t he improvements for shelter, restroom, and play ground equipment, according to the Park and Recreation Departments specifications. The Park and Recreation Department shall provide plans and construction docwnents, and the developer shall build according to the Park and Recreation Departments specifications. The park is to be transfened to the City prior to the filing of the final plat in which the six (6) acre park is located or by December 31, 2005, whichever is sooner. g. h. I. k. 1. G. Additionally, the "Applicant" and "Developer" shall comply with the conditions within the corresponding Preliminary Plat - Case No. PP-O2-033 and the Cónditional Use Pennit - Case No. CUP-02-049. ,7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be tennioated, 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 subj act "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67.6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owners" and "Developer" consent upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owners" and "Developer" and ifthe DEVELOPMENT AGREEMENT (AZ-O2-033) PAGE 12 ef23 "Owners" and "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owners" and "Developer" shail, 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 tenus and conditions of this , Development Agreement and all other orclinances 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 tenninated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owners" and "Developer" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owners" and "Developer's" cost, and submit proof of such recordirig to "Owners" and "Developer", prior to the third reading of the Meridian Zoning Ordinance in comiection with the azmexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. ' DEVELOPMENT AGREEMENT (AZ-O2-Q33) PAGE 13 of23 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owners" and "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific perfonnance of the covenants, agreements, conditions, and obligations contained herein. 13.1 13.2 In the event of a material breach of this Agreement, the parties agree that "City" and "Owners" and "Developer" shall have thirty (30) days after delivery of notice of said breach to COlTect 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 ÜO) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. In the event the performance of any covenant to be performed hereunder by either "Owner" and "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation., acts of civil disobedience. strikes or similar causes, the time for such performance shall be extended by the amoUnt of time of such delay. ' 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-S-3, to insure that installation of the improvements, which the "Owners" and "Developer" agrees to provide, if required by the ~'city . 15. CERTIFICATE OF OCCUPANCY: The "Owners" and "Developer" agree that no Certificates of Occupancy will be issued until all improvements are completed, wIess the "City" and "Owners" and "Developer" have'entered into ap. addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". DEVELOPMENT AGREEMENT (AZ~O2.033) PAGE 14 of23 16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and "Developer" agrees to abide by all ordinances 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 ofFset 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 tluee (3) days after deposit in the United States Mail, registered or certified mail. postage prepaid, return receipt requested, addressed as follows: CITY: OWNERS: cia City Engineer City of Meridian 660 E. Watertower Lane. Ste. 200 Meridian. ID 83642 Tom E. Davis and Sue C. Davis 2740 E. Ustick Road. ' Meridian, Idaho 83642 with copy to: DEVELOPER: City Clerk City of Meridian 33 E. Idaho Ave. 'Meridian. ill 83642 HILL VIEW DEVELOPMENT CORPORATION 150 E. Aikens, Suite A Eagle, ID 83616 ' 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in, accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as detennined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default. tennination 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 tenn, condition and provision hereof, and that the failure to timely perform any of the obligations DEVELOPMENT AGREEMENT (AZ..o2~O33) PAGE 15 of23 hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perfonn. 20. BINDING UPON SUCCESSORS: T1ùs Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owners" oithe "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 HOwners" and "Developer", to execute appropriate and recordable evidence oftennination ofthis Agreement if "City", in its sole and reasonable discretion, had determined that "Owners" , and "Developer" has fully perfonned 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. F1NAL AGREEMENT: This Agreement sets forth aU 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 UOwners" 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 andlor 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 DEVELOPMENT AGREEMENT (AZ-O2-O33) PAGE 16 of23 ~ effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. PEVELOPMENT AGREEMENT (AZ-O2"()33) PAGE 17 of23 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNERSIDA VIS: BY: ~ Tom E. Davis £. 1f~ BY: ~ 41' '11tt:!'./1- ~,--' Sue C. Davis DEVELOPERIHILL VIEW DEVELOPMENT CORPORATION: By:~~'ì1f/ ( Attest: BY: ~~~ DEVELOPMENT AGREEMENT (AZ-O2-O33) PAGE 18 of23 CITY OF MERIDIAN BY: 14 In tLtt p.J ~ t!/h_. M Pre.JI'tt:e""'" \\;\~ ~""I. ' "\..J yo "'" ...' :\~ ~ ~~èr;~ ~~' ~ '.r' ~() ~ J~ ~ hd (] ¥~ SEAL -~ CITY ~. '----7' 7 - ~ 1'~, ~ D ; \.. "ð ~r 151 . ~ ~ STATE OF IDAHO) . ',7 ðr... - --, . ~~\"".$' 'f,;uutfT'I \\\ : 5S: 1t1~1 IIfU""\\ COUNTY OF ADA ) Attest: &- Onthis ~ dayo! ~ , in the year 2003, befure me, J!. f- {JAj c/ a Notary lie, personally appeared TOM E. DAVIS and SUE C. DAVIS, husband and wife, known or identified to me to be the persons who executed the instrument and acknowledged to me that they executed the same. (SEAL) cß~~~. Notary Public for Idaho Residing at: to 1(,6 . Commission expires: (,. /5.{)(, DEVELOPMENT AGREEMENT (AZ-Q2-Q33) PAGE 19 of23 STATE OF IDAHO ) :ss COUNTY OF ADA ) (SEAL) On this CøC!::;.... day of ¡'LA-" r , in the year 2003, before me, ßtcA.ÐUrV K:.. ß¿~Ud f'" a Notary Public, personally appeared J,J-Mes /1.l6lLtLt-~ lIml::' , known or identified to me to be the p¡¿art/')t>,.r¡" -aftå-- ofHTI..L VIEW DEVELOPMENT CORPORATION, and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said corporation. ~~ f¡'~~\ I~* ( ~;;~c J * j <P~ ~o I *f ~J1 OF ~~~;.' .,........- ~~ Notary Pub for Idaho ' Residing at: ¡!o¡~Ei II) Commission expires: I { -"2.'7 -1-cr d 7 STATE OF IDAHO} :ss County of Ada On tJill¡) /5 kI- day Of_~ ~ :'"Ye:z~:~~eþ#t before me, a Notary Public, personally appeared D. C~~d William G. Berg,:Jr. mow or identified to me to be theêand Clerk, respectively, of the City of Meridian, who executed the instrument or th person that executed the instrument ofbéhalf of said 'City, and acknowledged to me that such City executed the same. . ðí"J ('Ø4.hC;¡ IJrfl/¡';lt",t: ~_. ~Srw-tf-, (SEAL) :-r4~~ \ -: Notary Public for Idaho ' : j : Residing at:----A..Ja.. ~ ~d a-h..o \. ~~~..: Conunission expires:,. ;.~_9l-os ..~;;,--":ntòY.. ..:"~4m ."... ........ DEVEWPMENT AGREEMENT (Az.O2-033) - 20 EXHIBIT A Lee:al Description Of ProDertv A parcel ofland located in the E 1/2 of the SW y., and the W Yz of the SE y., of Section 32, TAN., R. IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 31 and 32 of said T. 4N., R. IE., and Sections 5 and 6 ofT. 3N., R. IE., B.M.; Thence North 89°43'17" East, 1991.44 feet on the section line common to said Sections 32 and 5 to the REAL POINT OF BEGINNING; Thence North 00°01' 19" West, 2652.73 feet on the westerly boundary line of the East Yz of the SE Yoa of the SW Y4 of said Section 32, a portion of said line also being on the easterly boWldary line of SUmmerfield Subdivision Number 3, as same is shown on the Plat thereof recorded in Book 69 of Plats at pages 7047 and 7048 of Ada County Records, to a point on the east-west mid-section line of said Section 32; Thence North 89°54'10" East, 573.09 feet (fonnerlydescribed as North 84°42' East, 573.4 feet) on the east-west mid-section line of said Section 32, said line also being the southerly boundaty line of Heritage Subdivision Number 2, as same is shown on the plat thereof recorded in Book 23 of Plats at pages 1452 and 1453 of Ada County Records, to a point on the westerly boundary line of Jasmine Acres, a Subdivision, as same is shown on the plat thereof recorded in Book 59 of Plats at Page 5829 and 5830 of Ada County Records; Thence on the westerly boundary line of said Jasmine Acres for the following courses and distances; South 13°05'58" East, 107.12 feet; Thence South 29°45'58" East, 43.30 feet; Thence South 53°12'58" East, 164.80 feet; Thence South 65°26'58" East, 111.00 feet; Thence South 66°08'58" East, 283.70 feet; Thence South 781120'58" East, 160.90 feet; Thence South 70°46'58" East. 121.50 feet; Thence South 63°03'58" East, 177.50 feet; Thence South 481110'58" East, 154.02 feet to an angle point in the boundary line of said Jasmine Acres; Thence leaving the westerly boundary line of Jasmine Acres, South 48°10'58" East, 44.58 feet; Thence South 32°10'58" East, 201.40 feet; DEVEWPMENT AGREEMENT (AZ-O2'()33) - 21 Thence South 45°23'58" East, 99.30 feet; Thence South 27°05'58" East, 267.80 feet; Thence South 01 °00'28" East, 152.80 feet (fonnedy described as South 0°22' West, 159.2 feet) to the southeast comer of the NW y.¡ of the SE Y. of said Section 32; Thence South 00°01'23" East, 1326.17 feet to a point on the Section line common to said Sections 32 and 5, said point being the southeast comer of the SW Y. of the SE Y. of said Section 32; Thence South 89°43'57" West, 1328.23 feet on the secûOllline common to said Sections 32 and 5 to the Y. Section comer common to said Sections 32 and 5; Thence South 89°43'17" West, 663.82 feet on the section line common to said Sections 32 and 5 to the real point of beginning. Said parcel contains 1 04.77 acres more or less. DEVELOPMENT AGREEMENf (AZ-O2-033) . 22 EXHIBIT B Findings of Fact and Conclusions of Law/Conc!!!!oDs of Aooroval Z;\Work\M\Merldian\Meridian 15360M\Psrkstone Sub AZ-O2-033 PP-Q2-033 cup..o2-ò49\DevelopAgr.doc DEVELOPMENT AGREEl\.1ENT (AZ-O2'()33) - 23 30 BEFORE THE MERIDIAN CITY COUNCIL HILL VIEW DEVELOPMENT, APPLICANT IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION) AND ZONING OF 104.77 ACRES ) FOR PROPOSED P ARKSTONE ) SUBDIVISION, LOCATED ON THE ) NORTH SIDE OF USTICK ROAD, % ) MILE 'WEST OF EAGLE ROAD, ) MERIDIAN, IDAHO ) ) ) ) ClC 03/18/03 C/C 04-01-03 Revised per C/C action 4/1 SI03 Case No. AZ-O2-O33 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 March 18,2003 and continued until April!, 2003, at the hour of7:00 p.m., and Brad Hawkins-Clark Interim P1S1nn11'\g Director for the Planning and Zoning Department, Brad Watson Dfthe Public Works Department, Tye Ketlinski. George Law, John Blakeslee, John Nesmith, MIiU'}' Berg, Becky McKay, Bruce Mills, and Vie Clapp, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the followUtg Findingø of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliançe with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCA TION FOR ANNEXA nON AND ZONING PARKSTONE SUBDIVISION (AZ-O2-O33) PAGE 1 OF 26 ordinances codified at Titles 11 aud. 12, Meridian City Code, and aU current zoning maps thereof, . and the Amended Comprehensive Plan of the City ofMeridiau adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance EstabJishing the Impact Area Boundmy. 3. The property which is the subject of the application for annexation and ZOIÛng is described in the application, is approximately 104.77 acres in size and is located on the north side of Us tick Road, Yz mile west of Eagle Road, Meridian, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planuing Area as defined in the Meridian Comprehensive Plan. 4. The owner of record of the subject property is Tom and Sue Davis, 2740 E. Vstiek Road, Meridian. Applicant is Hillview Development Colporation, ISO E. Aikens, Suite A, Bagle, Idaho. s. The property is presently zoned RUT (Ada County), and consists of vacant land. 6. The Applicant requests the property be zoned as R-8 - Medium Density Residential. 7. The subject property is bordered to the north by Heritage Subdivision (zoned R I, Ada County) and a large single-,family home on several acres (zoned RUT, Ada COWlty), to the south by rural residentia11ots (zoned RUT and RI, Ada County), to the east by Summerfield Subdivision (zoned R-4) and Education Campus (new elementary and charter high school site, zoned R-4), and to the west by rural residential (zoned RUT, Ada County. depicted as '"Regional Mixed Use" OD the Comprehensive Plan Land Use Map. 8. The Applicant proposed to develop the subject property in the following manner: FINDJNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCA TION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ-O2..Q33) PAGE 2 OF 26 Planned Development consisting of275 single.family detached building lots, 52 townhouse lots, 4 office lots, 2 commercia11ots, 1 mini-storage lot, 1 pocket park, 1 City "Neighborhood" Park and 32 common lots. 9. The Applicant requests zoning oithe subject real property as R-8 (PD) which is consistent with the Meridian Comprehensive Plan Generalized Land U Be Map which designates the subject property as Medium Density Residential with a designation for a potential park. 10. There are no significant or scenic features of major importance that affect the consideration oftbis application. 11. The City Council recognizes the concerns of Karl and Cheryl Smith, expressed in their letter dated February 2, 2003; John and Shirley Schey, expressed m their letter dated February 11, 2003; Lynda and Marty lindgren, expressed in their letter dated February 13, 2003; Vcm Alleman, expressed in his letter dated February 17, 2003; Wendel Bigham, Joint School District, expressed in his letter dated January 10, 2003, and Tom E. Davis and Sue C. Davis, expressed in their letter dated March 27, 2003. Additionally, the Council recognizes the comments/points of interest of Wendell Bigham, Joint School District No.2, pertained in a memorandwn dated March 31, 2003 ftom Brad Hawkins-Clark, and pertained in a facsimile to Brad Hawkins-Clark from Wendell Bigham on March 31, 2003, as follows: 1. The school district has had regular contact with Mr. Davis and Hillview Development regarding the potential development of this property. There will be adequate capacity at the new Locust Grove elementary school currently under construction to serve the Parkstone Subdivision. The school's student capacity is 650. 2. The district estimates that, by the time Parkstone Subdivision is built out, the Havasu Creek elementary school will be constructed. This schoo lis within one mile of the F1NDn-lGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER. GRANTING APPUCATION FOR ANNEXATION AND ZOMNG PARKSTONE SUBDIVISION (AZ-O2-033) PAGE 3 OF 26 Locust Grove school and will be equipped to handle any overflow that might occur at the Locust Grove site. 3. The school district boundaries will continue to shift as development builds-out. If the densities occur as per the Comprehensive Plan, there will continue to be one elementary s chaol s ening each square mile, which the district believes will b e adequate. 4. Discovery Elementary School1ocated within the Educatiohal Campus Subdivision on Locust Grove Road will accommodate those students generated from the final build out of the Parkstone Subdivision. Over time the current boundary for Discovery Elementuy will Ĺ“duce in size due to increased growth in the north Meridian area and that growth will drive the construction of additional elementary schools m the nearby sections. We were aware of the proposed Parkstone Subdivision at the time the boundaries were set and continue our support for approval of the Parkstone Subdivision upon the Davis property. 12. Giving due consideration to the comments received from the governmenta1 subdivisions providing services in the City of Meridian pbmningjwisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Meridian Plamúng & Zoning Department as follows: ANEXA TION AND ZON1NG CONDTIONS OF APFRay AL 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7 -S17, when services are available 1Ì'Om the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. The Davis home (2740 Ustick) shall connect to City services when the phase of the proposed subdivision that includes the house is submitted for final plat. . 2. A Development Agreement shall be entered into between the Developer and the City of Meridian that will require, among other conditions that all future commercial uses obtain detailed conditional use permits prior to development. The conditional uSe permits will place limits on the hours of operation of the commercial uses. Owner shall be allowed continued use of the land for agricultural and livestock purposes (not to exceed 1 SO head of cattle) until 12121/05 or final plat approval of all phases. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCA TION FOR ANNEXATION AND ZONING PARKSTONE SOBDMSION (AZ-o2-o33) PAGE 4 OF 26 B. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Annroval (Unon Development) 1. Dedicate 48-feet orright-of-way from the centerline of Us tick Road abutting the parcel by means of a warranty deed. The right.of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building penni t (or other required permits). whichever oCC\U'S first. Allow up to 30 business days to process the rightooQf-way dedication after receipt of all requested material. The owner will be paid the fa.ir market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #196), if funds are available. 2. Construct a S-foot concrete sidewalk located 2-feet within the new right-of-way. If the sidewalk meanders outside of the right-of-way, provide the District with an easement for the sidewalk. 3. Construct North Park Place Way (a residential collector) to interest Ustick Road approximately 630-feet east of the west property Une, as proposed. 4. Construct North Leslie Way (commercial roadway) to intersect Dstick Road to align with North Leslie Way on the south side ofUstick Road. S. Construct North Leslie Way as a 4O-foot street section with vertical curb. gutter and S-foot concrete sidewalk within 54-feet of right-of. way for approximately S40-feet north of Us tick Road. 6. Construct North Park Place Way as a residential collector extending ftom Ustick Road north to East Bowman Street as a 36-foot street sections with vertical curb, gutter, S-foot concrete sidewalk on the west side of the roadway and a }Q.foot asphalt pathway on the east side of the roadways within SQ..feet of right-of-way, as proposed. The asphalt pathway must be owned and maintained by the homeowners association. Front on housing or direct access will be prohibited. These restrictions shàl1 be noted on the final plat. Parking will a1so be prohibited on this roadway. Coordinate the signage plan with District staff. 7. Construct North Leslie Way (from S40-feet north ofUsûck Road to East Nakano Drive), East Nakano Drive and North Dixon Avenue (ftom Bast Nakano Drive to East Herons Crossing Drive) as 36-foot street sections with rolled curb, gutter and S-foot concrete sidewa1k within SO-feet of right-of-way. as proposed. FlNDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPllCA TION FOR ANNEXATION AND ZONJNG P ARKSTONE SOBDMSION (AZ-O2-o33) PAGES OF 26 8. Construct Bast Herons Crossing as a 33-foot street section with vertical curb. gutter and S-foot concrete sidewalk within SO-feet of right-of-way to match the improvements that were approved with the Education Campus Subdivision. 9. CoDStruct North Leslie Way (north of East Nakano Drive, North Mahoney Avenue, North Petty Way, East Omera Street, East Charletan Street, North Gaviola Avenue, East Woolsey Street, East Satterfield Street, North Dixon Avenue (between East Van Oker Street and Bast Satterfield Street, between East Conner Street and East Bowman Street, and north of East Herons Crossing), East Swnmer Dawn Drive, East Van Oker Street, North Cafferty Way, North Hawkins Avenue, East Conner Street, East Bowman Street North Pandratz Way, East Viglo Way, East Troxell Drive and North Conley Drive as 33-foot street sections with rolled CUIb, gutter and 5-foot concrete sidewalk with parking on both sides of the roadway within SO- feet of right-of-way, as proposed. Submit documentation showing that the fire department has reviewed and approved the proposed street section. 10. Construct East Swindell Drive as a 29.foot street section with curb, gutter and 5- foot concrete sidewalk with padång on one side' of the roadway within 42. feet of right -of- way, as sproposed. Parking will be restricted to one side of the roadway. Coordinate the signage plan with District staff. 11. Extend East Summer Dawn Drive from the west property line approximately 400- feet north of Us tick Road. 12. Extend East Herons Crossing Drive from the west property line approximately 610-feet south of the north property line, as proposed. 13. Construct a stub street, North Conley Avenue, to the north property line approximately 8,SOO~feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN TIlE , FUTURE". 14. Utilize the driveway that intersects Ustick Road approximately 200-feet west of North Leslie Way for the existing single-family residantial home, as proposed. Eliminate this driveway once the residential use is no longer present. , IS. Cons1luct a shared driveway on the east side of North Leslie Way for commercial lots 1 and 2, as proposed. Provide the District with a cross--access agreement for the parcels to access the public roadway system. FlNDJNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER. GRANTING APPUCATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (Az..O2.033) PAGE 6 OF 26 16. Construct a shared driveway on the west side of North LesJie Way for office lots 2,3,4 and 5, as proposed. Provide the District with a cross~access agreement for the parcels to access the public roadway system. 17. Construct a driveway to intersect with North Park Place Way on the east side of the roadway approximately 160.feet north of East Van Oker Street, as proposed. 18. Construct one cul-de.sac turnaround with a center island, as proposed. Provide a minimum tummg radius of 4S~feet for the turnaround. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100- square foot area. 19. Construct four knuckles without islands throughout the subdivision, as proposed. 20. Construct isJands within the right.of-way of North Leslie Way, North Park Place Way and East Bowman Street, as proposed. Provide a minimwn clear distance of 21- feet (measured back-of.curb to back-of.curb). Any proposed landscape islands/medians within the pubüc right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the fmal plat. 21. The applicant should construct an eastbound left~tum lane on Vstiek Road at the intersection ofUstick Road and North Park Place Way. 22. The applicant should construct an eastbound left.turn lane on Ustick Road at the intersection of Us tick I<.oad and North Leslie Way. 23. The applicant should construct westbound right.tum lane on Ustiek Road at the intersection ofUstiek Road and North Park Place Way. 24. The applicant should construct westbound right-turn lane on Ustick Road at the intersection of Us tick Road and North Leslie Way. 25. One option for tùnding improving these roadways is the implementation of an extra-ordinary impact fee overlay district. This applicant will be subject to extra-ordinary fees, should an overlay dis11'Ïct be implemented in this area. (Changed per action of the City Council at their April 1, 2003 meeting, and per ACHD's Inter-Office Memo dated March 17,2003.) 26. Other than the access points specificaJly approved with this application, direct access to Ustick Road is prohibited. FINDlliGS OF F ACI' AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCA TION FOR ANNEXA !ION AND ZON1NG PARKSTONE SUBDIVISION (AZ.o2.033) PAGE 70F 26 27. Comply with an StalJ.da¡d Conditions of Approval. Standard Conditions of AÐnroval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb. gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed wùess approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. S. All design and construction shall be in accordanee with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certifY all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in confonuance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195. also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify aU existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (I-BOo.. 342-1585) at least two full business days prior to brea1dng ground within ACHD right.of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER. GRANTING APPLICATION FOR ANNEXATION AND ZONING P ARKSTONE SUBDMSION (Az..O2-O33) PAGE 8 OF 26 10. No change in the terms and conditions of this approval shall be valid unless they are in writlng and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shan be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations. ordinances. plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ofilia subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the RecoJl1.1JlAl1datiODS of the Meridian Fire Department as ronows: 1. The portion ofllie project which is one and two family dwellings will require a fire- flow of 1,000 gaJlons per minute available for dmation of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Commercial, office and storage occupancies will require a fire>. flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix m..A 3. The fire department requests that any future signa1ization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergencymedica1 service vehicles. This cost oftbis installation is to be home by the developer. 4. Acceptance of the water supply for fire protection will be by the Meridian WatJ:r Department. S. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public' Works for plan review. 6. All roads and .fire lanes shall have a turning radius of 28' inside and 48' outside. 7. Insure that all yet undeveloped parcels are mRintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 8. All access roads within the project shall have a clear driving surface with a minimum widt1;1 of 20' available at all times. The typical street width of 34' will be allowed to have FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER ' GRANTING APPLICATION FOR ANNEXATION AND ZOMNG PARKSTONE SUBDIVISION (AZ..o2..033) PAGE 9 OF 26 parking on both sides. The t)'pical street with a minimW\ width of29 , will be required to have restricted parking to only one side. UFC 902.2.2.1 9. Operational fire hydrants and temporary or per:ynlment street signs are required before combUstlòle construction begins. UFC 901.4.2 & 901.3 10. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 11. A minimum of two points of access win be required for any portion of the project, which serves more than SO homes. UFC 902.2.1 12. It is requested that an landscape islands at the entry points be moved back a minimum of 15' to improve turning radiuses at these entrances. Per City CODDCn acUon taken at their April 1, 2003 meetiDg, the adcUtional entity comments, concerns or requirements shaD be reqllired as foUows: D. To c1ari1ÿ, the ditch easement for the ditch user's facility along the north boWldary, shall be required to be shown on the Plat. There are currently no easements of record for the ditch. The applicant sha.ll provide a 10 foot easement on its side of the property, and shall also pipe the facility, and shall coordinate the piping with the owner of the adjacent property, Vic Clapp. E. To clarify the matter concerning the water amenity for the pond 'and water circulation, the applicant sha11 work with their tand!Olcape architect for nx:ommendations based on the depth, the size, and circulation of the water. The applicant shall provide the p1smn'¡11g and Zoning Department with documentation and a design for their approval. F. Adopt the requirements of the Parks and Recreation Department as follows: 1. Increase the parking lot area for the neighborhood park to 16 total spaces including 2 handicapped accessible spaces. ' 2. Provide on street parking for an additional 14 spaces, makiilg a total of30 spaces for the park. 3. The Parks and Recreation Department and Developer have come to a determination on the exchange of impact fees, as outlined in the memo submitted to the City Council by Becky McKay at the March 18, 2003 pubUo hearing. Said IIJelDO states the Developer may receive a park impact fee credit for 50% of the land value plus improvements. The Developer and Parks Department shall enter into au agreement on the impact fees prior to the execution oftbe six (6) acre park land transfer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER. GRANTING APPUCATION FOR ANNEXATION AND ZONING P ARKSTONE SUBDIVISION (AZ-O2"()33) PAGE 10 OF 26 4. , e. j. k. l. 13. Pertaining to the Meridian City Neighborhood Park, the following shall be required: a. b. The developer will donate three (3) acres of the park site. The developer will pay for fifty percent (50%) of the park improvements (hydro~8eeding, iITigation, trees and parking lot). according to the Park and Recreation Departments specifications. The developer will construct the ten (10) foot multi .use pathway through the site, including the portion along the park. The developer will construct the microMpatbs which enter into the park. The developer will install fencing along the north and south sides ofilia park. The developer will construct the pressure irrigation pond adjoining the park. The developer will provide sewer and water service to the park. The developer will coordinate with the utility companies for future service of the park. The developer will provide a pressure irrigation pump station, according to the Park and Recreation Departments specifications. The developer will coordinate with the Parks Department on the improvements for shelter, restroom, and play ground equipment, acconting to the Park and Recreation Departments specifications. The Park and Recreation Department shall provide plans and construction documents, and the developer shall build according to the Park and Recreation Departments specifications. ' The park is to be transferred to the City prior to, the filing of the final plat in which the six (6) acre park is located or by December 31, 2005. whichever is sooner. c. d f. g. h. i. It is found that the requested zoning designation, RMS, is hæmonious with and in accordance with the effective Comprehensive Plan eO2) and Future Land Use Map. which designates the land to be "'Medium Density Residential" with a Community Park. The park indicated on the Comprehensive Plan at this location is intended to be a community park rather than a neighborhood park as proposed by the applicant. The Comprehensive Plan also indicates that the subject property should have a 'Multi Use" pathway 11JDDÎng northMsouth through the middle of the proposed subdivision. Page S4 of the Comprehensive Plan addresses the issue of pathways and states that they should be in compliance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCA TION FOR ANNEXA nON AND ZONING PARKSTONE SUBDMSION (AZ-O2.033) PAGE 11 OF 26 with the Parks and Recreation Comprehensive Plan (not yet adopted) and that the pathway should be located "oft' street". The applicant bas indicated that they are williÌ1g to install a 10' asphalt multi-use pathway along the east side ofN. Park Place Way. The pathway can cross Nakano Drive and proceed west to the pocket park and north along the edge of the park to the pedestrian pathway (lot 16, block 19). A multi.use pathway can be added through block 18. This will align with the N. Conley Avenue stub s1reet, providing a pedestrian outlet to the north for future pathway extension. This issue is discussed in further detail within the preHminary plat additional considerations. The PBIks Deparbnent comments may be reviewed concerning the proposed neighborhood park and the need for a pathway within the subdivision. The applicanes request to oontinue raising ISO head of cattle on this property during development does not comply with the CompreheDBive Plan's residential designation of the subject property; however, there is no objection io the continuation of the agriCUltural use of the subject property during the phased construction of the proj ect. This issue is addressed in numb~ 12 above, under Annexation and Zoning ConditiODB of Approval number 2. 14. It is not anticipated that the applicant intends to rezone the subject property m the future. The commercial uses (i.e. office, commercial and mini-storage) are allowable as excepted uses if approved as part of the overall planned development. It is recommended that the land used for office use be rezoned 10 1..-0, and likewise the commercial property be fe-zoned to C-G rather than R-8 as proposed. 15. It is found that the proposed single family residential subdivision with some FINDINGS OF FACT AND CONCLUSIONS OF,LA W AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARK-STONE SUBDIVISION (AZ-o2-033) PAGE 12 OF 26 commercial uses woUld be allowed within the requested R-8 zanet if accompanied with a Conditional Use Pennit for a Planned Development. 16. It is found that the land to the north and west of the property are developed in a residential manner similar to the proposed subdivision and the land on the eastern side of the proposed subdivision will most likely be developed in a commercial or higher intensity use. It is also found t hat the requested z ouing designation 0 f R -8 ish armonious with the recently approved adj acent development and should be rezoned in the requested manner. 17. It is found that the proposed uses (single family residential, officet commercial and mini-storage) will not change the existing (single family) or intended character (single family and mixed use) of the area. 18. It is not anticipated that the proposed residential uses will be hazardous or distwbing to future or existing neighbors. 19. It is found that the property to be annexed will or can bQ served adequately by all essential public facilities and services. Applicant shall be req1Ùred to exterid water and 'sanitary. sewer m ains to and t brough the proposed development, thereby making them available to the adjacent properties. Review of the ACHD, Police and Fire Department's comments concerning this subdivision will provide further information regarding public services and facilities. The applicant has requested that the Davis home located near the southeast comer be snowed to wait to hook up to City services until such time as the phasmg for the project brings services to the existing house. There is no obj ection to the request as this issue is addressed in number 12 above. under Annexation and Zoning Conditions of Approval number 1. FINDJNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (Az.o2.033) PAGE 13 OF 26 , ' ' . 20. It is found that there will not be excessive additional requirements at public cost for public services and facilities and that the annexation and zoning will not be detrimental to the commwüty's economic welfare. 21. It is found that the proposed subdivision will not create excessive traffic, noise or other nuisances that would be detrimental to the -general welfare of the SUIl'ounding area. The fact is also recognized that traffic and noise will inåease significantly upon build-out of the proposed subdivision; however staff'does not feel that the amount generated will be detrimental to the public welfare of the city. 22. It is foWld that the subdivision's vehicular approaches off ofD stick Road will create new interference with the existing east-west traffic on Ustick Road; however staff does not believe that the subdivision entrances will cause significant interference on the sUrrounding public streets. Review ACHD comments concerning vehicular approaches and traffic generation. 23. It is found that no natural or scenic features of major importance will be lost or damaged by approvmg the annexation and fe-zone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 24. It is found that services are available to the site and that the inclusion of a new City Park within the subdivision makes the annexation oftbis property in the best interest of the City. 25. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a FINPINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA 110N AND ZONING PARKSTONE SUBDIVISION (AZ-O2-033) PAGE 14 OF 26 . . \ , ). . , condition of annexation and zonh1g designation. 26. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed development is designed. constructed, operated and maintained in a inauner which is hannonious 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 essenöa1 character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly cOnsidering the impact of proposed development on potential to produce excessive traffic, noise, smoke. fumes, glare and odors. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section SOw222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of. actual conditions existing witlUn the City and State. 3. The City of Meridian has exercised its authority and resp!3nsibility as provided by "Local Land Use Plannmg Act of 1975". codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6. 2002, Resolution No. 02-382. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZOMNG PARKSTONE SUBDMSION (AZ-O2-033) PAGE 15 OF 26 ~ ( ). \ 4. The following are found to be perdnent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals 1 through 1O, inclusive. s. The zoning of Medium Density Residential (R-8) is defined in the Zoning Ordinance at § 11..7-2 D as follows: Medillm Densi ResidO.tial District: The purpose oftbe R..8 District is to pem1Ît the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan oftbe City and is also designed to permit the conversion of large homes into tow-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systoms of the City is required. ' 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt VB. The CitY ofldaho Falls. 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of tile annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian incluc1in& 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 DeveloprD.eJ1t 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 F1NDINGS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCA TION FOR ANNEXA 110N AND ZONING P ARKSTONE SUBDMSION (AZ-O2-O33) PAGE 160F26 .i~ \.' t OF FACT AND CONCL VSrONS OF LAW t the City COgDell does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 104.77 acres to Medium Density Residential (R.8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 104.77 aCres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to.wit: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as foUows: ANEXA TION AND ZONING CONDTIONS OF AFfRay AL 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section S- 7 -517, when services are available :from the City of Meridian. Wells may be used for non..cfomestic pmposes such as landscape iIrigation. The Davis home (2740 Ustick) shall connect to City services when the phase of the proposed subdivision that includes the house is submitted for final plat. 2. A Development Agreement shall be entered into between the Developer and the City of Meridian that will require, among other conditions that all future commercial uses obtain detailed conditional use permits prior to development. The conditional use permits will place limits on the hours of operation of the commercial uses. Owner shall be allowed continued use of the land for agricultural and livestock purposes (not to exceed 150 head of cattle) until 1212110S or final plat approval of aU phases. B., Adopt the Recommendations of the ACHD as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING PARKSTONE SUBDIVISION (AZ-O2-033) PAGE 17 OF 26 ~L ~.J 'I: Site Soecific Conditions of Aooroval (Upon DeveIQpment) 1. Dedicate 48-feet ofright~f-way from the centerline ofUstick Road abutting the par- cel by means of a warranty deed. The right~f-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-oC-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #196). if funds arc available. 2. Construct a 5-foot concrete sidewalk located 2-Ceet within the new right-of-way. If the sidewalk meanders outside oC the right-of-way, provide the District with an easement for the sidewalk. 3. Construct North Park Place Way (a residential collector) to interest Ustick ROad approximately 63Q-feet east of the west property line, as proposed. 4. ConstTUct North Leslie Way (commercial roadway) to intersect Ustick Road to align with North Leslie Way on the south side ofUstickRoad. 5. Construct North Leslie Way as a 4O-foot street section with vertical curb, gutter and S-foot concrete sidewaJk within 54-Ceet of right ..of-way for approximately S4Q-feet north of Us tick Road. 6. Construct North Park Place Way as a residential collector extending from Ustick Road north to East Bowman Street as a 36-foot street sections with vertical curb, gutter, S-foot concrete sidewalk on the west side of the roadway and a 10-foot asphalt pathway on the east side of the roadways within 50-feet of right-of-way, as proposed. The asphalt pathway must be owned and maintained by the homeowners association. Front on housing or direct access will be prohibited. These restrictions shall be noted on the final plat. Parking will also be prohibited on this roadway. Coordinate the signage plan with District staff. 7. Construct North Leslie Way (from 540-fect north of Us tick Road to East Nakano Drive), East Nakano Drive and North Dixon Avenue (from Bast Nakano Drive to East Herons Crossing Drive) as 36.foot street sections with rolled curb, gutter and 5-foot concrete sidewalk within SO-feet of right-of-way, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCA TION FOR ANNEXA lION AND ZONING PARKSTONE SUBDIVISION (AZ-O2-O33) PAGE 18 OF 26 i. ~ -' ~ 8. Construct East Herons Crossing as a 33-foot street section with vertical curb, gutter and S..foot concrete sidewalk within 5(}..feet ofright-of..wayto match the improvements that were approved with the Education Campus Subdivision. 9. Construct North Leslie Way (north oIEast Nakano Drive, North Mahoney Avenue! North Petty Way, East Omera Street, East Charleton Street, North GavioIa Avenue, East Woolsey Street, East Satterfield Street, North Dixon Avenue (between East Van Okcr Street and Bast Satterfield Street, between East Conner Street and East Bowman Street, and north of East Herons Crossing), East Summer Dawn Drive, Bast Van Oker Street, North Cafferty Way, North Hawkins Avenue, East Conner Street, East Bowman Street North Pandratz Way, East Vigle Way, East Troxell Drive and North Conley Drive as 33- foot street sections with rolled curb, gutter and S-foot concrete sidewalk with parldng on both sides of the roadway within SO-feet of righto()f-way. as proposed. Submit documentation showing that the fire department has reviewed and approved the proposed street section. 10. CODStruct East Swindell Drive as a 29-foot s1reet section with curb, gutter and 5- foot concrete sidewaJk with parking on one side of the roadway within 42-feet of right- of- way, as sproposed. Parlcing will be restricted to one side of the roadway. Coordinate the signage plan with District staff. 11. Extend East Summer Dawn Drive from the west property line approximately 400- feet north of Ustick Road. 12. Extend East Herons Crossing Drive from the west property line approximately 610-feet south of the north property line, as proposed. 13. Construct a stub street, North Conley Avenue, to the north property line approximately 8,500-feet east of the west property line, as proposed. Install a sign at the terminus oftbe roadway stating that, "'IHIS ROAD WIU. BE EXTENDED IN THE FUTURE" . 14. Utilize the driveway that intenects Ustick Road approximately 200-feet west of North Leslie Way for the exisûng single-family residential home, as proposed. Eliminate this driveway once the residential use is no longer present. 15. Construct a shared driveway on the east side of North Leslie Way for commercial lots 1 and 2, as proposed. Provide the District with a cross-access agreement for the parcels to access the public roadway system. 16. Construct a shared driveway on the west side of North Leslie Way for office lots 2,3,4 and S, as proposed. Provide the District with a cross-access agreement for the parcels to access the public roadway system. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPliCATION FOR ANNEXATION AND ZONING PARKSTONE SUBDIVISION (AZ-O2-O33) PAGE 19 OF 26 ~ ~.j \ 11. Construct a driveway to intersect with North Park Place Way on the east side of the roadway approximately 160- feet north of East Van Oker Street, as proposed. 18. Construct one culoode-sac turnaround with a center island, as proposed. Provide a minimum tunrlng radius of 4S-feet for the turnaround. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians shall be constructed a minimum of 4-- feet wide to total a minimum of a 100- square foot area. 19. Construct four knuckles without islands throughout the subdivision, as proposed. 20. Construct islands within the right-of-way of North Leslie Way, North Park Place Way and East Bowman Street, as proposed. Provide a minimum clear distance of 21- feet (measured back-of-curb to back-of.curb). Any proposed landscape islanc:1B/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 21. The applicant should construct an eastbound left-turn lane on Ustick Road at the intersection of Us tick Road and North Park Place Way. 22. The applicant should construct an eastbound left-tom lane on Ustick Road at the intersection of Us tick Road and North Leslie Way. 23. The applicant should construct westbound right-turn lane on Ustick Road at the intersection ofUstick Road and North Park Place Way. 24. The applicant should construct westbound right-twn lane on Ustick Road at the intersection ofUstickRoad and North Leslie Way. 25. One option for funding improving these roadways is the implementation of an extra-ordinary impact fee overlay district. This applicant will be subject to extra-ordinary fees, should an overlay district be implemented in this area. (Changed per action of the City Council at their April1, 2003 meeting, and per ACHD' s Inter-Office Memo dated March 17,2003.) 26. Other than the access points specifically approved with this application, direct access to Ustick Road is prohibited. 27. Comply with all Standard Conditions of Approval. Starlliarrl Conditions of Approval FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDIVISION (AZ-O2-O33) PAGE 20 OF 26 ,: \. J ~ 1. Any existing inigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be bome by the developer. 3. Replace any existing damaged curb, gutter and sidewalk 'and any that may be fi~mQged dwing the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved m writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. S. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supp1ements, Construction SeIVÍces procedures and all applicable ACHD Ordinances unless specifically waived herein An engineer registered in the State ofIdabo shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for sta.tl' approval, prior to issuance of building permit (or other required permits), which incorporates any required design c~. ' 7. Construction, use and property development sha11 be in confozmance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1S8S) at least two full business days prior to breaking ground witbin ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised dwing any phase of construction. 10. No change in the terms and conditions of this approval shall be valid un1eS8 they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representaûve of the Ada County Highway District. The burden shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DEOSION AND ORDER G~G APPUCATION FOR ANNEXATION AND ZONING PARKSTONE SUBDIVISION (AZ-O2-O33) PAGE 21 OF 26 ..- ,- \"> '\. upon the applicant to obtain written confirmation of any change ftom the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subj =t of this application, shall require the applicant to comply with all rules,' regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law m effect at the time the change in use is sought C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The portion of the project which is one and two family dwellings will require a ~ flow of 1,000 gallons per minute available for duration of2 homs to service the entire project. Fire hydrants shall be plaçed an average of 400' apart. 1997 UFC Appendix m-A 2. Commercial, office and storage occupancies will require a fire.. flow consistent with the Unifonn Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix m.A 3. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergençy medical service vehicles. This cost oftbis installation is to be borne by the developei'. 4. Acceptance of the water supply for fire protection will be by the Meridian Water Deparbnent. S. Final Approval of the fire hydrant locatioDs shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 6. All roads and fire Janes shall have a turning radius of 28' inside and 48' outside. 7. Insure that aU yet undeveloped parcels are maintained ftee of com.busti.'ble vegetation per Section 1103.2.4 of the Uniform Fire Code. 8. All access roads within the project shall have a clear driving suñace with a minimwn width of20' available at all times. The typical street width of 34' will be allowed to have parking on both sides. The typical street with a minDnum width of29' will be required to have restricted parking to only one side. UFC 902.2.2.1 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPliCATION FOR ANNEXATION AND ZONING PARKSTONE SUBDMSION (AZ.o2.o33) PAGE 22 OF 26 t \.1 ,. 9. Operational fire hydrants and tempormy or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 10. The phasing plan may require that any roadway greater than 1 SO' Ù11ength that is not provided with an outlet shall be required to have a turn around. II.A minimum of two points of access will be required for any portion of the project, which serves more than SO homes. UFC 902.2.1 12. 11 is requested that a1l1andscape islands at the cm.trypoints be moved back a minimum of 15' to improve turning radiuses at these entrances. Per City ConneD acöoD taken at their April 1, 2003 meeUn. the additional entity comments, concerns or requirements shall be required as foUows: D. To clarify, the ditch easement for the ditch user's fåcility along the north boundary, shall be required to be shown on the Plat. There are cummtly no easements of reçord for the ditch. The applicant shall provide a 10 foot easement on its side ofthc property, and shall also pipe the facility, and shall coordinate the piping with the owner of the adjacent property, Vic Clapp. E. To clarify the matter concernmg the water amenity for the pond and water circulation, the applicant shall work with their landscape architect for recommendønons based on the depth. the size, and circulation of the water. The applicant shall provide the Planning and Zoning Department with documentation and a design for their approval. F. Adopt the requirements oithe Parks and Recreation Department as follows: 1. Increase the parking lot area for the neighborhood park to 16 total spaces including 2 handicapped accessible spaces. 2. Provide on street parking for an adwtiona114 spaces, making a total of30 spaces for the park. 3. The Parks and Recreation Department and Developer have come to a determination on the exchange of impact fees, as outlined in the memo submitted to the City Council by Becky McKay at the March 18, 2003 public hearing. Said memo states the Developer may receive a park impact fee credit of 50% of the land value plus improvements. The Developer and Parks Deparbnent shall enter into an agreement on the impact fees prior to the execution of the six (6) acre parle land transfer; 4. Pertaining to the Meridian City Neighborhood Park, the following shall be required: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING P ARKSTONE SUBDIVISION (AZ-O2-033) PAGE 23 OF 26 ";'ó';} ,:~ j. k. 1. 4. a. b. The developer will donate three (3) acres of the park site. The developer will pay for fifty percent (50%) of the park improvements (hydro-seeding, inigation, trees and parking lot), according to the Park and Recreation Departments specifications. The developer will construct the ten (10) foot multi-use pathway through the site, including the portion along the park. The developer will construct the micro-paths which enter into the park. The developer will install fencing along the north and south sides of the park. The developer will construct the pressure irrigation pond adj oining the park. The developer will provide sewer and water service to the park. The developer will coordinate with the utility companies for future service of the park. ' . The developer will provide a pressure irrigation pump station, according to the Park and Recreation Departments specifications. The developer will coordinate with the Parks Department on the improvements for shelter, restroom, and play ground equipment, according to the Park and Recreation Departments specifications. The Park and Recreation Department shall provide plans and construction documents, and the developer shall building ~cording to the Park and Recreation Departments specifications. The park is to be transfemd to the City prior to the filing of the final plat in which the six (6) acre park is located or by December 31, 2005, whichever is ~M~ ' c. d. e. f. g. h. i. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the 8DI1exation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential Dimc!, and Meridian' City Code § 11-7-2. s. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff oftbe Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS' OF LAW AND DECISION AND ORDER GRANTING APPUCA TION FOR ANNEXATION AND ZONING PARKSTONE SUBDIVISION (AZ-O2-O33) PAGE 24 OF 26 -. í.,....J.:.,;t Jr NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67..6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty.eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2.z~ day of 4¡Rr ì 2- . 2003. ROLL CALL COUNCILMAN KEITH BJRD VOTED~ COUNCILWOMAN TAMMY de WEERD VOTED ~ COUNCILWOMAN CHER.IB Mc CANDLESS VOTFD * COUNCILMAN WILUAM L.M. NARY VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~ 2--2--t?3 VOTED -- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PARKSTONE SUBDIVISION (AZ-O2.o33) PAGE 2S OF 26 .¡,:~ ,,' ,!t MOTION: APPROVED:~ DISAPPROVED: ~ ;/- [) r:;:h ,. r Robert D. Come ent, Public Works Deparbnent and By:Jd4-. - ~ ~ 9-_DateJ1: 4-, t1,P 3 City Clerk - Z:\Worlc\M\Meridian\McridillnlS36DM\Parkatone Sub AZ-O2'()33 PP-O2'()33 CUP.o2-O49\AZPtCl&Order.doo FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER. GRANTING APPUCATION FOR ANNEXATION AND ZONING PARKS TONE SUBDMSION (AZ-O2-033) PAGE 26 OF 26 .~