Bridgetower Crossing Subdivision AZ 01-003DEVELOPMENT AGREEMENT
Revised 10-04-01
PARTIES:
2.
3.
4.
City of Meridian
E.L. Bews, Owner
Young Lands, Ltd, represented by Harry D. Young, Owner
Primeland Development Co., LLP, Developer
THIS DEVELOPMENT AGREEMENT (this "),greement"), is
made and entered into this ,~'_9 day of///'~av'~'~ ~ , ~,o/, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY', and E.L. BEWS, hereinafter called "BEWS", whose
address is 5204 Sorrento CirCe, Boise, Idaho 83704, and YOUNG LANDS,
LTD., REPRESENTED BY HARRY D. YOUNG, hereinafter called
"YOUNG", whose address is 2420 Ustick Road, Meridian, Idaho 83642, and
PRIMELAND DEVELOPMENT CO., LLP, hereinafter called "DEVELOPER",
whose address is 1111 S. Orchard, Suite 155, Boise, Idaho 83705.
1. RECITALS:
1.1
WHEREAS, "Owner" is the sole owner, ~n law and/or
equity, of certain tract of land in the County of Ada, State
of Idaho, described in Exhibit AA 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. §67-651 iA, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the "Owner" or "Developer" make a
written commitment concerning the use or development of
the subject "Property"; and
1.3
WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-15-12 and 11-16-4 A,
which authorizes development agreements upon the
annexation and/or re-zoning of land; and
DEVELOPMENT AGREEMENT (AZ-OI-O03) - 1
1.4
WHEREAS, "Owner" and "Developer" have submitted an
application for annexation and zoning of the "Property"s
described in Exhibit A, and has requested a designation of
(R-4) Low Density Residential District and (C-G) General
Retail And Service Conunercial District, (Municipal Code
of the City of Meridian); and
1.5 WHEREAS, ~Owner" and "Developer" made
representations at the public hearings both before the
Meridian Planning & Zoning Commissi0'n 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 government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
1.7 WHEREAS, City Council, the ~ day of ~ 2001,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
1.8 WHEREAS, the "Findings" require the "Owner" and
"Developer" enter into a development agreement before the
City Council takes final action on annexation and zoning
designation; and
1.9 ,,OWNER~ 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
DEVELOPMENT AGREE~ (AZ-Oi-O03) - 2
1.10 WHEREAS, uCity" requires the "Owner" and "Developer"
to enter into a development agreement for the purpose of
ensuring that the "Property" is developed and the
subsequent use of the "Property" is in accordance with the
terms and conditions of this development agreement,
herein being established as a result of evidence received by
the "City" in the proceedings for annexation and zoning
designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to ensure annexati6n and zoning
designation is in accordance with the Comprehensive Plan
of the City of Meridian adopted December 21, 1993,
Ordinance #629, January 4, 1994, and the Zoning and
Development Ordinances codified in Meridian City Code
Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEFINITIONS: For all purposes of this Agreement the
3.
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1 iCITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
~md existing by virtue of law of the State of Idaho, whose
address is 33 Eagt Idaho Avenue, Meridian, Idaho 83642.
3.2 "OWNER": means and refers to E.L. Bews, whose address
is 5204 Sorrento Circle, Boise, Idaho 83704, the party
developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
DEVELOP1V[ENT AGREEIVI~NT (AZ-01-003) - 3
3.3
"OWNER": means and refers to Young Lands, Ltd,
represented by Harry D. Young, whose address is 2420
Ustick Road, Meridian, Idaho 83642, the party developing
said "Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
3.4
"DEVELOPER": means and refers to Primeland
Development Co., LLP, whose address is 1111 S. Orchard,
Suite 155, Boise, Idaho 83705, the party, developing said
"Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
3.6
,,PROPERTY': means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A" describing the parcels
to be annexed and zoned R-4 and C-G, and each owner's
property is described in Exhibit "AA", attached hereto and
by this reference incorporated herein as !? set forth at
length.
· USES PERMITTED BY THIS AGREEMENT:
4.1
The uses allowed pursuant to ti'ds Agreement are only those uses
allowed under "City"'s Zoning Ordinance codified at Meridian
City Code Section 11-7-2 (C.. and I(-) which are herein specified
as follows:
Construction and development of a large phased mixed use project
involving 5 commercial lots, 259 single family residential lots, 59
to~vnhouse lots, 8 office lots, 10 commercial lots and 58 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: "Owner" 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
DEVELOPIvlF-2qT AGREEMENT (AZ-01-003) - 4
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 "Owner" and "Developer" shall develop the "Property" in accordance
with the following special conditions:
Adopt
the Requirement of the City Council as follo~vs:
Based upon the testimony of Beclq~ Bowcutt, the Applicant's
representative, and the widely recognized need for .infrastructure
improvements sooner, rather than later, especially as it respects large
developments, the Owner/Developer, as condition of annexation and
zoning, shall participate in the negotiations with Ada County Highway
District, and shall become a party to any eventual agreements worked
out by the developer/ACHD Group.
Therefore, as a condition of annexation, and as a condition of the
Development Agreement, Applicant shall participate in any road
infrastructure agreements negotiated with ACHD and shall faithfully
perform the terms of such agreement or agreements.
AND
Adopt the Recommendations of the Plarming and Zoning and Engineering staff
as follows:
1. Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
The Applicant is proposing that seven (7) lots in the preliminary plat
and Phase I annexation applications be approved as office lots (Lots 25,
26 and 29 of Block 14 and Lots 22, 23, 25, and 26 Block 23). However,
the current Comprehensive Plan does not support office zoning in these
areas. The Comprehensive Plan does support the proposed C-G zoned
lots. The Applicant is proposing the office lots be allowed as non-
conforming uses in the R-4 zone under a new proposed PUD ordinance.
DEVELOPMENT AGREEMENT (AZ-01-003) - 5
Until either the PUD ordinance or Comprehensive Plan is formally
amended, these seven (7) office lots cannot be approved for office use.
The office lots may be anne~xed with an R-4 zone but shall be restricted
from obtaining any building permits until the lots are formally rezoned
to the L-O zone or the PUD ordinance is amended. The Commission
does support the concept of incorporating other uses besides residential
as part of this development.
A condition of the D.A. shall be that the Applicant submit a Preliminary
Plat application for Phase 2 (204.42 acres) of the project no later than
June 2002 (or earlier if the Meridian School District requires) in order
to accommodate the new elementary school construction by 2003. The
school shall be developed within the City limits to receive city services
and the school shall be constructed on a legal lot v¢ithin an approved
subdivision plat. (The school lot is currently shown in Phase 15 of the
project and is not a part of the Phase 1 annexation.)
A condition of the D.A. shall be that development and use of each
commercial-designated lot in this subdivision (Lots 23, 31, 32, 3a, and
36, Block 23 and Lots 1-5, Block $1) shall occur only through the
Conditional Use Permit process.
A detached sidewalk with a minimum 5-foot-wide planter strip between
the curb and sidewalk shall be required along the Ten Mile Road,
McMillan Road and Linder Road frontages.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department. The relocated White Trunk will not be required to be
tiled if it will be made into, and maintained, as a water amenity.
Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
DEVELOPIVIENT AGI~EivI~gqT (AZ-01-003) - 6
City Ordinance Sections 11-13-4.C. and 12-5-2.M.
Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department.
All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants.
10. A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91 ) for all off-street parking areas. All site drainage shall
be contained and disposed of on-site.
11. Off-street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
12. All signage shall be in accordance with the standards set forth in Section
11-14 of the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs shall be permitted.
13. Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
14.
All construction shall conform to the requirements of the Americans
with Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
15. Dedicate 48-feet of right-of-way from the centerline of Ten Mile Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first.
16. Dedicate 48-feet of right-of-way from the centerline of McMillan road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first.
17. Dedicate 48-feet of right-of-way from the centedine of Ustick Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first.
DEVELOPMENT AGREEMENT (AZ-01-003) - 7
18.
19.
20.
Construct the main entrance to the subdivision on Ten Mile Road
located approximately 1/3-mile south of McMillan Road, as proposed.
The entrance shall be designed with 21-foot street sections on either
side of a center median, and the median shall be constructed a
minimum of 4-feet wide (but no larger than 12-feet wide) to total a
minimum of a 100-square foot area. The applicant shall be required to
dedicate 54-feet of tight-of-way plus the additional width of the median.
Construct the main entrance to the townhouse portion of the
subdivision on McMillan Road located approximately 900-feet east of
Ten Mile Road, as proposed. The entrance shall be designed with 21-
foot street sections on either side of a center median and the median
shall be constructed a minimum of 4-feet wide (but no larger than 12-
feet wide to total a minimum of a 100-square foot area. The applicant
shall be required to dedicate 54-feet of right-of-way plus the additional
width of the median.
Construct Belltower Drive and Towerbridge Way through the site as
residential collectors because the anticipated traffic volumes exceed
1,000 vehicle trips per day. Front-on housing is prohibited on
residential collectors. Construct these street segments as 36-foot street
sections with curb, gutter and 5-foot wide concrete sidewalks. Parking
shall be prohibited on these street segments. Coordinate with signage
plan with District staff. The access restrictions for these street segments
shall be stated on the final plat.
21. Provide directional signage on Belltower Drive where the roadway
diverges around the water amenity. This signage is necessary to guide
motorists in the proper direction. Coordinate the design of the signage
plan with Traffic Services staff.
22. Construct two driveways off Belltower located approximately 230-feet
east of Ten Mile Road on both the north and south sides of Belltower
Drive.
23.
Connect to two existing stub streets that were approved with the
Bridgetower Subdivision (located north of Ustick Road) as proposed.
The streets, Pride Crossing Drive and Towerbridge Way, shall be
extended into this site.
DEVELOPMENT AGREEMF-aNT (AZ-01-003) - 8
24. COnstruct two stub streets to the undeveloped parcel to the southwest
of the site. The stub streets, Breeze Creek Way (to the south), and
Teano Drive (to the west), shall be located as proposed. Construct
turnarounds at the end of the stub streets and install a sign at the
termini of the stub streets stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub
streets, and the design of the turnaround with District staff.
25. Construct three stub streets to the undeveloped parcels to the northeast
and east of the site (parcels included in the entire planned unit
development proposed by this applicant). The stub streets:
Copperdoud Way (to the north), Messina Street (to the east), and
Verona Drive (to the east), shall be located as proposed. No
turnarounds are required. Install a sign at the terrt3ini of the stub streets
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
Coordinate the sign plan for the stub streets with District staff.
26. Any proposed landscape islands/medians within the public fight-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.
27. Unless otherwise approved, construct all public roads within the
subdivision as 36-foot street sections with curb, guSter, and 5-foot wide
concrete sidewalks within 50-feet of right-of-way. '
28. Streets within the subdivision shall align or offset a minimum of 125-
feet from any proposed public street.
29. Construct the turnarounds to provide a minimum turning radius of 45-
feet.
30. Construct a 5-foot wide concrete sidewalk on Ten Mile Road abutting
the site, located 2-feet within the right-of-way. If the applicant
constructs a meandering sidewalk, provide a sidewalk easement to the
District to construct the sidewalk outside of the right-of-~vay.
Coordinate the location and elevation of the sidewalk with District staff.
31. Construct a 5-foot wide concrete sidewalk on McMillan Road abutting
the site, located 2-feet within the right-of-way. If the applicant
constructs a meandering sidewalk, provide a sidewalk easement to the
District to construct the sidewalk outside of the right-of-~vay.
DEVELOPMENT AGREEMENT (AZ-O1-003) - 9
32.
33.
34.
35.
36.
37.
38.
39.
40.
Coordinate the location and elevation of the sidewalk with District staff.
Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the
site, located 2-feet within the right-of-way. If the applicant constructs a
meandering sidewalk, provide a sidewalk easement to the District to
construct the sidewalk outside of the right-of-way. Coordinate the
location and elevation of the sidewalk with District staff.
Pave the driveways their full width of 24 to 30-feet, and at least
30-feet into the site beyond the edge of pavement of Ten Mile
Road, McMillan Road and Ustick Road, and install pavement
tapers with 15-foot radii abutting the existing roadway edge.
Construct a 25-foot wide driveway on the east side of Ten Mile
Road located approximately 380-feet south of IQlcMillan Road to
serve the office and commercial lots, as proposed.
Construct a 30-foot wide driveway on the east side of Ten Mile
Road located approximately 440-feet north of McMillan Road to
serve the commercial lot, as proposed.
Construct a 30-foot wide driveway on the east side of Ten Mile
Road located approximately 20-feet south of the north property
line to serve the commerdal lot, as proposed.
Construct a 30-foot wide driveway on the north side of McMillan
Road located approxima, tely 440-feet east of Ten Mile Road to
serve the commercial lot, as proposed.
Construct a 30-foot wide driveway on the north side of McMillan
Road located approximately 50-feet west of the east property line
to serve the commercial lot, as proposed.
Construct a 25-foot wide driveway on the south side of McMillan
Road located approximately 440-feet east of Ten Mile Road to
serve the office/commercial lots, as proposed.
Construct a center turn lane on Ten Mile Road for the Ten Mile
Road/main entrance intersection. The turn lane shall be
constructed to provide a minimum of 100-feet of storage with
shadow tapers for both the approach and departure directions.
DEVELOPlVI~NT AGREEMENT (AZ-01-003) - 10
41.
42.
43.
44.
45.
46.
Coordinate the design of the turn lane with District staff.
Construct a center turn lane on Ten Mile Road for the Ten Mile
Road/driveway intersection located south of McMillan Road. The
turn lane shall be constructed to provide a minimum of 100-feet
of storage with Shadow tapers for both the approach and
departure directions. Coordinate the design of the turn lane with
District staff.
Construct center turn lanes on Ten Mile Road ~or the Ten Mile
Road/driveway intersections north of McMillan Road that serve
the commercial parcel. The turn lanes shall be constructed to
provide a minimum of 100-feet of storage with shadow tapers for
both the approach and departure directions. Coordinate the
design of the turn lanes with District staff.
Construct a center turn lane on McMillan Road for the McMillan
Road/main entrance intersection. The turn lane shall be
constructed to provide a minimum of 100-feet of storage with
shadow tapers for both the approach and departure directions.
Coordinate the design of the turn lane with District staff.
Construct center turn lines on McMillan Road for the McMillan
Road/driveway intersections located east of Ten Mile Road. The
turn lanes shall be constructed to provide a minimum of 100-feet
of storage with shadow tapers for both the approach and
departure directions. Coordinate the design of the turn lanes with
District staff.
Construct added left-turn lanes on each intersection approach at
the Ustick Road/Linder Road intersection and at the Ustick
Road/Ten Mile Road intersection. The applicant shall coordinate
the design of these improvements with District staff.
Provide a road trust deposit for 21% of the cost of a traffic signal
at the Ustick Road/Linder intersection in the amount of $29,400
for their proportionate share of the cost of the traffic signal at
Ustick and Linder Roads.
DEVELOPMENT AGI~F.F. IVIF_,NT (AZ-01-003) - 11
47.
48.
49.
50.
51.
Provide a road trust deposit for 27% of the cost of a traffic signal
at the Ustick Road/Ten Mile Road intersection in the amount of
$37,800 for their proportionate share of the cost of the traffic
signal at Ustick and Ten Mile Roads.
Relocate the Settlers Canal outside of the new right-of-way of
McMillan Road to provide adequate space for future road widening.
All irrigation facilities shall be relocated outside of'the new right-of-
way on McMillan Road, Ten Mile Road and Ustick Road.
All utility relocation costs associated with improving street frontages
abutting the site should be borne by the developer.
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.
52.
53.
Other than the access points specifically approved with this
application, direct lot or parcel access to McMillan Road, Ten Mile
Road and Ustick Road is prohibited. Lot access restrictions, as
required with this application, shall be stated on the final plat.
Additionally, the Applicant shall comply with all of ACHD's
Standard Requirements listed in their letter dated April 18, 2001.
Adopt the Recommendations of the Settlers Irrigation District as follows:
54.
The White Drain may be relocated as an open water amenity if the
City of Meridian agrees to an indemnification agreement with
Settlers Irrigation District. Also, an Operation and Maintenance
agreement for the White Drain shall be required between the
developer and Setters Irrigation District.
55.
Drainage water from this proposed development may be accepted
into the White Drain under certain water quality standards set forth
by DEQ, ACHD, and Settlers Irrigation Drain.
DEVELOPMENT AGREElvI~NT (AZ-01-003) - 12
56.
The water storage pond for the pressurized irrigation system is the
only pond that could be constructed as part of the White Drain as
long as an Operation and Maintenance agreement is in place
between the developer and Settlers Irrigation District.
Additionally, the Applicant shall be required to comply with the actions of
the City Council from their July 17, 2001 meeting as follows:
57.
The White Drain Sewer Trunk easements are nece~ssary and shall be
within the City limits.
58.
At such time as Owner/Developer proposes a development for that
portion annexed herein, which is not yet subject to a specific
application for development, Owner/Developer shall make reasonable
accommodation of the concerns expressed by Mr. Brian English
regarding placement of access onto the property from Linder Road in
such a way as to minimize headlight glare from vehicles leaving the
property and shining onto the English residence at 4650 North
Linder Road, Meridian, Idaho
59.
Applicant to coordinate with Tom Anderson the fencing that will go
along the west property line of the Tom Anderson's property.
60.This annexation and' the accompanying zoning designation allow
development of the annexed parcel under the Planned Development
Ordinance. Concurrently, with the application for annexation and zoning,
the applicant also submitted an application for approval of preliminary plat
and an application for conditional use permit. The accompanying
preliminary plat and conditional use permit applications covered only a
portion of the property being annexed herein. By reviewing the proposed
preliminary plat and conditional use applications, the Council finds that
the remainder of the annexed property will be appropriate for an additional
number of residential lots, and for uses other than residential in accordance
with the Planned Development Ordinance, as well as a school site. This
project is approved in concept only. The concept includes: maximum
number of residential lots not to exceed 692, mixed uses, school site,
setbacks, collector roadways, amenities and open space. The applicant
recognizes that the approval is in concept only and that detailed approval
DEVELOPMENT AGI~I=.R~ (AZ-01-003) - 13
shall be required by submittal of all appropriate applications, including,
but not limited to, preliminary plat or plats and conditional use permit or
permits. The detailed approval shall be subiect to all applicable
Ordinances unless otherwise approved under the original Planned Unit
Development application".
7. COMPLIANCE PERIOD/CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Owner"
and"Developer" or "Owner" and "Developer"'s heirs, success~ors, assigns, to
comply with Section 6 entitled "Conditions Governing Development" of
subject "Property" of this agreement within two years of the date this
Agreement is effective, and after the "City" has complied with the notice and
hearing procedures as outlined in I.C. ' 67-6509, or any subsequent
amendments or recodifications thereof.
8. CONSENT TO DE.ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" 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 "Owner" and "Developer"
and if the "Owner" and "Developer" fails to cure such
failure within six (6) months of such notice.
9. INSPECTION: "Owner" and "Developer" shall, immediately
upon completion of any portion or the entirety of said development of the
"Property" as required by this agreement or by City ordinance or policy, notify
the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance
with the terms and conditions of this Development Agreement and all other
ordinances of the "City" that apply to said Development.
DEVELOPMENT AGREEIVIENT (AZ-01-003) - 14
10. DEFAULT:
10.1
In the event "Owner" and"Developer", "Owner" and
'Developer"s heirs, successors, assigns, or subsequent
owners of the "Property" or any other person acquiring an
interest in the "Property", fail to faithfully comply with all
of the terms and conditions included in this Agreement in
connection with the "Property", this Agreement may be
modified or terminated by the "City" upon compliance
with the requirements of the Zoning Ordinance.
10.2
A waiver by "City" of any default by "O~vner" and
"Developer" of any one or more of the covenants or
conditions hereof shall apply solely to the breach and
breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of
any such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Owner" and "Developer"'s cost, and submit proof of such
recording to "Owner" and "Developer", prior to the third reading of the
Meridian Zoning Ordinance in connection with the annexation and zoning of
the "Property" by the City Coundl. If for any reason after such recordation,
the City Council fails to adopt the ordinance in connection with the
annexation and zoning of the "Property" contemplated hereby, the "city" shall
execute and record an appropriate instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Owner" and "Developer", or by
any successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
DEVELOPMENT AGR~IVIENT (AZ-01-003) - 15
13.1
In the event of a material breach of this Agreement, the
parties agree that "City" and "Owner" and "Developer"
shall have thirty (30) days after delivery of notice of said
breach to correct the same prior to the non-breaching
party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty
(30) day period, if the defaulting party shall commence to
cure the same within such thirty (30) da~ 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.
13.2
In the event the performance of any covenant to be
performed hereunder by either "Owner" and "Developer"
or "City" is delayed for causes which are beyond the
reasonable control of the party responsible for such
performance, which shall 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 § 12-5-3, to insure that
installation of the improvements, which the "Owner" and "Developer" agrees
to provide, if required by the "city".
15. CERTIFICATE OF OCCUPANCY: The "Owner"and
"Developer" agrees that no Certificates of Occupancy will be issued until all
improvements are completed, unless the "City" and "Owner" and "Developer"
have entered into an addendum agreement stating when the improvements will
be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not
been installed, completed, and accepted by the "City".
DEVELOPMENT AGREEMENT (AZ-OI-O03) - 16
16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and
"Developer" agrees to abide by all ordinances of the City of Meridian and the
"Property" shall be subject to de-annexation if the owner or his assigns, heirs,
or successors shall not meet the conditions contained in the Findings of Fact
and Conclusions of Law, this Development Agreement, and the Ordinances of
the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when persogally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY: OWNER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
E.L. BEWS
5204 Sorrento Circle
Boise, Idaho 83704
Young Lands, Ltd, rePresented by
Harry D. Young
2420 Ustick Road
Meridian, Idaho 83642
with copy to:
DEVELOPER:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Primeland Development Co., LLP
1111 S. Orchard, Suite 155
Boise, Idaho 83705
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
DEVELOPMENT AGRR~tVIENT (AZ-01-003) - 17
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of. and a default
under this Agreement by the other party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Owner" and "Developer",. to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable
discretion, had determined that "Owner" and "Developer" has fully performed
its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner" 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 "Owner" and "Developer" and "City", other than
as are stated herein. Except as herein othenvise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding
DEVELOPMENT AGREEMENT (AZ-01-003) - 18
upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to
a duly adopted ordinance or resolution of "City".
. 22.1
No condition governing the uses and/or conditions governing
development of the subject "Property" herein provided for can be
modified or amended without the approval of the City Council
after the "City" has conducted public hearing(s) in accordance
with the notice provisions provided, for a zoning designation
and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-01-003) - 19
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreernent and Made it effective as hereinabove provided.
OWNER:
BEWS
E. L. BEWS
BY: ~)~_,~--
SHIRLEYd(~. BEWS
OI6fNER:
YOUNG LANDS, LTD.
HARRY D .~:~rOUN C~,iSARTN E P~7
DEVELOPIVI~_,NT AGR~.~-MENT (AZ=01-003) - 20
DEVELOPER:
PRIMELAND DEVELOPMENT CO., LLP
Attest:
CITY OF MERIDIAN
~ ~O~ERT D. CORRIE
DEVELOPIvlF-2qT AGREEMENT (AZ-01-003) - 21
STATE OF IDAHO)
~ SS,.
COUNTY OF ADA)
pn this F day of ]~'l/~t4 ~ , in the year 2001,
before me, /d~l~_.~ ~,. ~li~W~,O'r~'a Notary Public, personally appeared
E.L. BEWS and SHIRLEY G. BEWS, known or identified to me to be persons
who executed the instrument and adcnowledged to me that they executed the
same.
(SEAL)
~ :ary Public for Idaho
Ret iding at: ~
Commission expires:
STATE OF IDAHO)
COUNTY OF ADA)
:SS
On this day of /qO~/a~-a~ ., in the year 2001,
before me, ~ /.-, ~atde. ot-/T' a Notary Public, personally appeared
HARRY D. YOUNG and FLORA ANN YOUNG, known or identified to me to
be partners of YOUNG LANDS, LTD, and the persons who executed the
instrument and acknowledged to me that they having executed the same on
behalf of said YOUNG I_ANDS, LTD.
(SEAL)
Notary Public for IdaJao
Residing at: ~
Commission expires:
DEVELOPMENT AGREEMRNT (AZ-01-003) - 22
STATE OF IDAHO)
COUNTY OF ADA)
:SS
Qn this~ day' of 1~¢~-~1~ , in the year 2001,
before me, ~~,~-eO~ Notary Public, person~ly appeared
~ ~. ~ ~ and
, ~o~ or identified to me to be
panners of P~ME~D DE~LOPMENT COMPS, LEP, and ~e persons
who ~emted ~e ins~ent ~d a~owledged to me ~at ~ey ha~ng ~ecuted
the same on behalf of said limited liability
~artnership.
(SEAL) .. . .
STATE OF ID~O )
:SS
County of Ada )
N'6' aW Publicfigr Idaho.
Res iding at: ~
Commission expires:~o,/,
On this 7~'~' day of ~ooe~. ~, ~
., in the year 2001,
before me, a Notary Public, personally appeared Robert D. Corfie and William
G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of
the City of Meridian. who executed the instrument or the person that executed
the lnstmment,~o~ll!~. ;~ l City, and acknowledged to me that such City
executed the S~'"""~.~t~.
-' I '",.e,.., _- . ~.
(SEAL) %~.".. ~' ~, f ~ota/rv PuNic for Idaho
\qxlPA_NTS40_PDC~£RVER_Z~Work~Mefidian~Vl¢fidian 1$$60~Btidgewwer CrossingAZ01-003 PP01-005 CUP0
006~DevdopAg~.do¢
DEVELOPMENT AGREEMENT (AZ-01-003) - 23
EXHIBIT A
Legal Description Of Property
LEGAL DESCRIPTION FOR PHASE 2 ANNEXATION
BRIDGETOWER CROSSING SUBDIVISION
(R-4)
A parcel of land located in Sections 25, 26, 35 and 36, Township 4 North,
Range 1 West, Boise Meridian, Ada County, Idaho, more pai~icularly
described as follows:
Commencing at the southeast comer of the W i/2 (South 1/4 comer) of Section
35, Township 4 North, Range 1 West, Boise Meridian; thence N 00°26'55" E
1566.64 feet along the east line of said W 1/2 to the REAL POINT OF
BEGINNING of this description;
Thence continuing N 00'26'55" E 2067.95 feet along the east line of said W
1/2 to a point on the centerline of the White Drain;
Along the centerline of the White Drain the following:
Thence N 72°59'50" W 203.38 feet to a point;
Thence N 75'41'16" W 176.89 feet to a point;
Thence N 75002'48'' W 161.23 feet to a point;
Thence N 75°56'15'' W 148.03 feet to a point;
Thence N 42037'42" W 130.04 feet to a point;
Thence N 40°18'13'' W 112.51 feet to a point;
Thence N 40°13'00" W 114.50 feet to a point;
Leaving said centerline:
DEVELOPMENT AGR~.~.MENT (AZ-01-003) - 24
Thence N 02°46'51" E 741.38 feet to a point;
Thence N 87013'09'' W 133.08 feet to a point;
Thence N 02°46'51'' E 473.58 feet to a point on the northerly right-of-way of
McMillan Road;
Along said northerly right-of-way:
Thence S 88°58'19" E 987.24 feet to a point;
Thence S 89028'07'' E 2650.34 feet to a point on the east right-of-way of
Linder Road;
Leaving said northerly right-of-way;
Thence S 00°15'17" W 1342.47 feet along said east right-of-way to a point;
Thence N 89°19'30" W 1340.02 feet to the southwest corner of the NE 1/4 of
the NE i/4 of said Section 35;
Thence S 00°21 '07" W 1314.10 feet.to the southeast comer of the SW I/4 of
the NE 1,q;
Thence S 00°21'10" W 1319.36 feet to the southeast comer of the NW V4 of
the SE V4;
Thence S 89°12'38" E 165.53 feet to a point on the north line of the SE 1/4 of
the SE 1/4;
Thence S 00°26'55" W 677.86 feet to a point;
Thence N 89°33'05" W 69.15 feet to a point;
Thence N 75°05'55" W 501.97 feet to a point;
Thence N 48°51'22" W 23.06 feet to a point;
DEVELOPlVl~,NT AGREEMENT (AZ-01-003) - 2:5
Thence N 50°25'12" W 784.17 feet to a point;
Thence N 26°24'21" W 65.90 feet to a point;
Thence N 00°26'55" E 21.92 feet to a point;
Thence N 39°22'16'' W 282.38 feet to a point;
Thence N 89°13'05'' W 93.37 feet to the REAL POINT OF BEGINNING of
this description, said parcel comprising 204.42 acres, more dr less.
LEGAL DESCRIPTION FOR ANNEXATION
BRIDGETOWER CROSSING SUBDMSION
(R-4)
Parcels of land located in Section 35, the NE ~/~ of Section 34, the SE 1/4 of
Section 27, and the SW 1/4 of Section 26, Township 4 North, Range i West;
and the NE Y4 of Section 2, Township 3 North, Range I West, Boise
Meridian, Ada County, Idaho, being more particularly described as follows:
PARCEL 1
A parcel of land located in the SE 1/4 of Section 35, Township 4 North, Range
1 West; and the NE ',q of Section 2, Township 3 North, Range I West, Boise
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the southwest comer of the SE ¥4 (South i/4 comer) of Section
35, Township 4 North, Range 1 West, Boise Meridian; thence S 89°14'22" E
660.60 feet along the south line of said SE 1/4 to a point on the existing
Meridian City Limits boundary, the REAL POINT OF BEGINNING of this
description;
Along the existing Meridian City Limits boundary the following:
Thence N 00045'38'' E 65.00 feet to a point;
Thence N 31°00'00'' W 154.95 feet to a point;
DEVELOPMENT AGREEMENT (AZ-01-003) - 26
Thence N 53°00'00'' W 110.00 feet to a point;
Thence N. 37°00'00" E 50.00 feet to a point;
Thence S 53°00'00" E 102.00 feet to a point;
Thence N 37°00'00" E 100.84 feet to a point;
Thence N 29°00'00'' E 173.61 feet to a point;
Thence N 35°00'00" E 140.55 feet to a point;
Thence N 25°17'47'' E 204.78 feet to a point;
Leaving the existing Meridian City Limits boundary;
Thence S 48°51 '22" E 23.06 feet to a point;
Thence S 75°05'55" E 501.97 feet to a point;
Thence S 89°33'05" E 69.15 feet to a point;
Thence S 00°26'55'' W 666.38 feet to a point on the south right-of-way of
Ustick Road;
Thence N 89o14'22" W 824.53 feet along said south right-of-way to a point
on the existing Meridian City Limits bounda~-;
Thence N 00°45'38'' E 25.00 feet along the existing Meridian City Limits
boundary to the REAL POINT OF BEGINNING of this description, said
parcel comprising 13.12 acres, more or less.
PARCEL II
A parcel of land located in the W 1/2 of Section 35, the SW Y4 of Section 26,
the SE 1/4 of Section 27, and the NE V4 of Section 34, Township 4 North,
Range i West, Boise Meridian, Ada County, Idaho, more particularly
described as follows:
DEVlZJ-OPMENT AGRI~I~.IVI~NT (AZ-O1-003) - 27
Commencing at the southeast corner of the W V2 (South V4 corner) of Section
35, Township 4 North, Range I West, Boise Meridian; thence N 00°26'55" E
1566.64 feet along the east line of said W 1/2 to a point on the existing
Meridian City Limits boundary, the REAL POINT OF BEGINNING of this
description;
Along the existing Meridian City Limits boundary the following:
Thence N 89°13'05" W 182.95 feet to a point;
Thence S 00026'55" W 237.28 feet to a point;
Thence S 88°00'00'' W 16.57 feet to a point of curvature;
Thence along a curve to the right 20.69 feet, said curve having a radius of
20.00 feet, a delta angle of 59°15'59'', tangents of 11.38 feet, and a long chord
bearing N 62°22'01" W 19.78 feet to a point;
Thence N 89°13'05" W 52.47 feet to a point;
Thence S I0050'08" E 30.61 feet to a point;
Thence N 89013'09'' W 394.74 feet to a point;
Leaving the existing Meridian City Limits boundary;
Thence N 00°33'35'' E 1332.93 feet to a point on the south line of the NW V4
of said Section 35;
Thence N 89010'54'' W 1992.21 feet along said south line to a point on the
west right-of-way of Ten Mile Road;
Along said west right-of-way:
Thence N 00°53'19" E 2631.15 feet to a point on the north line of the NE V4
of Section 34, Township 4 North, Range 1 West, Boise Meridian;
Thence N 00°21 '49" E 848.00 feet to a point;
DEVELOPMt!iNT AGR~.g-MENT (AZ-01-003) - 28
Leaving said west right-of-way;
Thence S 88°58'19'' E 880.00 feet to a point;
Thence S 00°21'49" W 873.00 feet to a point on the south right-of-way of
McMillan Road;
Thence S 88°58'19'' E 446.27 feet along said south right-of-way to a point;
Thence S 00*40'08" W 1027.74 feet to a point;
Thence S 73°15'55" E 356.10 feet to a point;
Thence S 42°32'55" E 86.96 feet to a point;
Thence N 02°46'51" E 18.66 feet to a point on the centefline of the White
Drain;
Along said centerline the following: '
Thence S 40°13'00" E 114.50 feet to a point;
Thence S 40°18'13" E 112.51 feet to a point;
Thence S 42037'42" E 130.04 feet to a point;
Thence S 75°56'15'' E 148.03 feet to a point;
Thence S 75°02'48" E 161.23 feet to a point;
Thence S 75'41'16" E 176.89 feet to a point;
Thence S 72°59'50" E 203.38 feet to a point on the
said Section 35;
Le&ving said centefline:
east line of the W I/2 of
DEVELOPMENT AGREEMENT (AZ-01-003) - 29
Thence S 00°26'55', W 2067.95 feet along said east line to the REAL POINT
OF BEGINNING of this description, said parcel comprising 153.88 acres,
more or less.
Combined area Parcels I and II comprises 167.00 acres, more or less
LEGAL DESCRIPTION FOR C-G ZONE ANNEXATION
BRIDGETOWER CROSSING SUBDIVISION
A parcel of land located in the NW i/4 of Section 35, the NE' ¥4 of Section 34,
the SE x/4 of Section 27, and the SW V4 of Section 26, Township 4 North,
Range I West, Boise Meridian, Ada County, Idaho, being more particularly
described as follows:
Commencing at the northwest comer of the NW ¥4 of Section 35, Township 4
North, Range 1 West, Boise Meridian; thence N 88°58'19" W 25.00 feet to a
point on the west right-of-way of Ten Mile Road, the REAL POINT OF
BEGINNING of this description;
Thence N 00°21'49" E 848.00 feet along said west right-of-way to a point;
Thence S 88°58'19" E 880.00 feet to.a point;
Thence S 00°21 '49" W 848.00 feet to a point on the north line of the NW V4
of said Section 35;
Thence N 88°58'19" W 115.28 feet along said north line to a point;
Thence S 01000'00" W 513.43 feet to a point;
Thence N 88°58'19' W 320.68 feet to a point;
Thence S 00°53'19" W 156.05 feet to a point;
Thence N 89°06'41" W 443.04 feet to a point on the west right-of-way ofTen
Mile Road;
DEVELOPMENT AGREEMENT (AZ-01-003) - 30
Thence N 00°53'19'' E 670.56 feet along said west right-of-way to the REAL
POINT OF BEGINNING of this description, said parcel comprising 27.73
acres, more or less.
DEVELOPMENT AGREEMENT (AZ-01-003) - 31
EXHIBIT "AA"
E.L. BEWS AND SHIRLEY BEWS PROPERTY
PARCEL 1 (#1 on map)
The west one half of the northwest quarter of Section 35, Township 4 North,
Range 1 West of the Boise Meridian, in Ada County, State of Idaho.
Except those portions lying within Ten Mile Road and McMillan Road.
PARCEL 2 (#2 on map)
A parcel of land being a portion of the Southwest Quarter of the Southwest
Quarter of the Southeast Quarter of Section 35, Township 4 North, Range 1
West, Boise Meridian, Ada County, Idaho, and more particularly described as
follows:
Beginning at a brass cap marking the Southwest comer of the said Southwest
Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, also
said point being the REAL POINT OF BEGINNING; thenc~
North 0°26'49'' East 488.00 feet along the Westerly boundary of the said
Southwest Quarter of the Southwest Quarter of the Southeast Quarter of
Section 35 to an iron pin; thence
South 89°14'41" East 600.00 feet along a line Northerly of and parallel with
the Southerly boundary of the said Southwest Quarter of the Southwest
Quarter of the Southeast Quarter of Section 35 to an iron pin; thence
South 0°26'49'' West 488.00 feet along a line Easterly of and parallel with the
said Westerly boundary of the Southwest Quarter of the Southwest Quarter of
the Southeast Quarter of Section 35 to an iron pin on the said Southerly
boundary off the Southwest Quarter of the Southwest Quarter of the
Southeast Quarter of Section 35; thence
North 89°14'41" West 600.00 feet along the said Southerly boundary of the
Southwest Quarter of the Southwest Quarter of the Southeast Quarter of
Section 35, which is also the centefline of Ustick Road, to the POINT OF
BEGINNING.
EXCEPTING THEREFROM:
DEVELOPMENT AGR~RMENT (AZ-01-003) - 32
A strip of land in the South half of the Southeast Quarter of Section 35,
Township 4 North, Range 1 West, Boise Meridian, and in the North Half of
the Northeast Quarter of Section 2, Township 3 North, Range 1 West, Boise
Meridian, for fight of way purposes along Five Mile Drain, Boise Proiect,
Idaho, more particularly described as follows:
Beginning at a point on the North and South quarter section line 103.3 feet,
North 00o26' West of the South Quarter corner of Section 35, Township 4
North, Range 1 West, Boise Meridian; thence
North 00°26' West 152.0 feet along the North and South O~uarter section line;
thence
South 63o06' East 423.7 feet; thence
South 89o52' East 1,109.0 feet; thence
South 00°37' East 90.0 feet; thence
North 89°52' West 1,231.5 feet; thence
North 63o06' West 286.00 feet to a POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM any portion of said property lying within
USTICK ROAD
AND
PARCEL I (#3 on map) · '
A parcel of land lying in the Northeast Quarter of the Southwest Quarter of
Section 35, Township 4 North, Range I West, Boise Meridian, Ada County,
Idaho, more particularly described as follows:
Commencing at the Northeast corner of the Southwest Quarter (center 1/4
comer) of Section 35, Township 4 North, Range I West, Boise Meridian, the
REAL POINT OF BEGINNING of this description; thence
South 00010'49" East 660.00 feet (formerly South 40 rods), along the east line
of the Southwest Quarter to a point; thence
North 89048'37.' West 330.00 feet (formerly West 20 rods), parallel with the
North line of the Southwest Quarter to a point; thence
North 00°10'49'' West 660.00 feet (formerly North 40 rods), parallel with the
East line of the Southwest Quarter to a point on the North line of the
Southwest Quarter; thence
DEVELOPMENT AGR~MI~NT (AZ-O1-003) - 33
South 89°48'37'' East 330.00 feet (formerly East 20 rods), along the North
line of the Southwest Quarter to the REAL POINT OF BEGINNING of this
description.
PARCEL III
A parcel of land lying in the East half of the Northwest Quarter of Section 35,
Township 4 North, Range I West, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at the Southeast comer of the Northwest Quarker (center 1/4
comer) of Section 35, Township 4 North, Range 1 West, Boise Meridian, the
REAL POINT OF BEGINNING of this description; thence
North 89°48'37'' West 1311.39 feet (formerly North 89°54' East 1308.5 feet),
to the Southwest comer of the East half of the Northwest Quarter (center-west
l/2 comer); thence
North 00°02'21" East 1573.58 feet (formerly North 00o05' West 1575.8 feet),
along the West line of the East half of the Northwest Quarter to a point;
thence
South 73053'39" East 356.04 feet (formerly South 74°01' East 356 feet) to a
point; thence
South 43o10'39'' East (formerly South 43°18' East) 434.00 feet to a point;
thence
South 75°12'39'' East 691.06 feet (fom~erly South 75°20' East 689.6 feet), to
a point along the East line of the Northwest Quarter; thence
South 00°10'49" East 986.27 feet (formerly South 00°13' East 989.6 feet)
along the East line of the Northwest Quarter to the REAL POINT OF
BEGINNING of this description.
AND
(#6 on map)
The West half of the Southwest quarter of Section 26, Township 4 North,
Range 1 West of the Boise Meridian, Ada County, Idaho.
EXCEPT the East 20 feet to the South 45 feet thereof.
ALSO EXCEPT that portion lying within McMillan Road and Ten Mile Road.
DEVELOPMENT AGR~I:,IVIF. aNT (AZ-O 1-003) - 34
SUBJECT TO: That certain mortgage dated July 31, 1996, and recorded
August 1, 1996, as Instrument No. 96064628, records of Ada County, Idaho,
which mortgage the Grantees herein assume and agree to pay according to its
terms and conditions.
AND
(#7 on map)
A tract of land in'the Northwest Quarter of Section 35, Township 4 North,
Range 1 West, Boise Meridian, Ada County, Idaho, more fu!ly described as
follows:
Beginning at the North quarter comer of Section 35, Township 4 North,
Range 1 West, Boise Meridian, which point is the REAL POINT OF
BEGINNING; thence running
North 89045, Iff' West along the North boundary of the above said Section 35
a distance of 988.11 feet to a point; thence running
South 02000'00" West a distance of 448.57 feet to a point; thence running
South 88°00'00'' East a distance of 133.08 feet to a point; thence
running
South 02°00'00'' West a distance of 755.42 feet to a point in a drain ditch;
thence running along the drain ditch,
South 42°36'25" East a distance of 349.48 feet to a point; and thence running
South 75020'00'' East a distance of 689.60 feet to a point; thence leaving the
drain ditch running
North 00°13'52' West a distance of 1635.48 feet to the REAL POINT OF
BEGINNING.
LESS AND EXCEPTING any portion lying within McMillan Road.
AND
(#8 on map)
The North half of the Northeast quarter of Section 35, Township 4 North,
Range 1 West, Boise Meridian, Ada County, Idaho, Boise Meridian, Ada
County, Idaho.
DEVELOPM]ENT AGREEMENT (AZ-01-003) - 35
PRIME/AND DEVELOPMENT CO., LLP
Parcel D (#4 on map)
A parcel of land located in the south half of Section 35, Township 4 North,
Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly
described as follows:
Commencing at the Southeast corner of the Southwest quarter (South quarter
comer) of Section 35, Township 4 North, Range 1 West, Boise Meridian;
Thence Noah 0 Degree 26'55" East 255.75 feet along the E~st Line of the
Southwest quarter to a point on the Northerly fight-of-way of Fivemile Creek,
THE REAL POINT OF BEGINNING of this description;
Along the Northerly right-of-way of Fivemile Creek;
Thence North 62 Degrees 08'33" West 1,109.68 feet to a point;
Thence Noah 81 Degrees 01'45" West 324.52 feet to a point on the right-of-
way of the Creason Lateral,
Leaving said Fivemile Creek right-of-way, and along the right-of-way of the
Creason Lateral;
Thence Noah 00 Degree 40'14" East 448.95 feet to a point;'
Thence Noah 45 Degrees 43'33" East 72.70 feet to a point;
Thence South 89 Degrees 13'09" East 1252.68 feet to a point on the East line
of said Southwest quarter;
Leaving said right-of-way,
Thence North 0 Degree 26'55" East 21.41 feet along said East line to a point;
Thence South 89 Degrees 12'40" East 230.64 feet to a point;
Thence South 50 Degrees 24'38" East 901.38 feet to a point;
Thence South 75 Degrees 05'55" East 521.75 feet to a point;
Thence South 89 Degrees 33'05" East 50.00 feet to a point;
Thence South 0 Degree 26'55" West 571.44 feet to a point on the Northeriy
fight-of-way of Fivemile Creek,
Thence North 89 Degrees 14'22" West 884.99 feet along said Northerly right-
of-way to a point;
Thence Noah 0 Degree 26'55" East 423.01 feet to a point;
Thence Noah 89 Degrees 14'22" West 600.00 feet to a point on the West
line of the Southeast quarter of said Section 35;
Thence South 0 Degree 26'55" West 232.26 feet along said line to THE REAL
POINT OF BEGINNING of this description.
DEVELOPMENT AGI~I=.I~.IVIF_,NT (AZ-01-003) - 36
PARCEL E
A parcel of land located in the East half of the Northeast quarter of the
Southwest quarter of Section 35, Township 4 North, Range I West, Boise
Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the Southeast comer of the Southwest quarter (South quarter
comer) of Section 35, Township 4 North, Range 1 West, Boise Meridian;
Thence North 0 Degree 26'55" East 1,332.51 feet along the East line of the
Southwest quarter to a point on the Northerly right-of-way of the Creason
Lateral, THE REAL POINT OF BEGINNING of this descril~tion,
Thence North 89 Degrees 13'09" West 658.27 feet along the Northerly right-
of-way of the Creason Lateral to a point on the West line of the East half of
the Northeast quarter of the Southwest quarter;
Thence North 0 Degree 33'35" East 1,307.93 feet to the Northwest comer of
said East half;
Thence South 89 Degrees 10'54" East 325.74 feet along the North line of said
East half to a point;
Thence South 0 Degrees 26'55" West 660.00 feet to a poin£;
Thence South 89 Degrees 10'54" East 330.00 feet to a point on the East line
of said East half;
Thence South 0 Degree 26'55" West. 413.38 feet along the East line of said
East half to a point;
Thence North 89 Degrees 13'05" West 182.95 feet to a point;
Thence South 0 Degree 26'55" West 229.15 feet to a point;
Thence South 89 Degrees 13'05" East 182.95 feet to a point on the East line
of said East half;
Thence South 0 Degrees 26'55" West 4.98 along said line to THE REAL
POINT OF BEGINNING of this description.
AND
(#5 on map)
A tract of land situated in the Southeast quarter of the Southwest quarter of
Section 35, Township 4 North, Range I West, Boise Meridian, Ada County,
Idaho, described as follows:
DEVELOPMENT AGREEMI=.NT (AZ-O1-003) - 37
Beginning at the South quarter corner of Section 35, the REAL POINT OF
BEGINNING; thence
South 89°49'40" West along the South line of said Section 35 a distance of
688.00 feet; thence
North 5°08'40" East a distance of 464.21 feet; thence
South 63°35'40" East a distance of 720.45 feet to a point on the center
quarter line; thence
South 0°26'00'' East a distance of 143.87 feet to the REAL POINT OF
BEGINNING.
LESS AND EXCEPTING the East 18 feet thereof.
ALSO LESS AND EXCEPTING therefrom a narrow strip of land 30 feet wide
along the North boundary of said above described parcel of land.
ALSO LESS AND EXCEPTING therefrom a portion deeded to UNITED
STATES OF AAMEKICA by Warranty Deed, recorded in Book 120 of Deeds
at Page 49, records of Ada County, Idaho.
DEVELOPMENT AGREEMENT (AZ-01-003 ) - 38
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREE_M~NT (AZoOI-O03) - 39
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF PRIMELAND )
DEVELOPMENT CO., LLP, THE )
APPLICATION FOR )
ANNEXATION AND ZONING )
OF 371.42 ACRES FOR )
PROPOSED BRIDGETOWER )
CROSSING SUBDIVISION, )
LOCATED AT THE )
NORTHEAST CORNER OF TEN )
MILE AND MCMILLAN, )
MERIDIAN, IDAHO )
)
C/C 07-03-01
Revised 09-27-01
Revised 10-04-01
Case No. AZ-01-003
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 June 19, 2001 and continued until July 3, 2001, at the hour of
6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and
testified, and appearing on behalf of the Applicant was: Becky Bowcutt, and
appearing in opposition and/or with comments or concerns were: Margaretha English,
Brian English and Tom Anderson, and the City Council having duly considered the
evidence and the record in this matter therefore makes the following Findings of Fact
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PKIMELAND DEVELOPMENT
CO., LLP/BRIDGETOWER CROSSING SUBDIVISION- (AZ-01-003)
and Contusions of Law, and Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public heating
scheduled for June 19, 2001 and continued until July 3, 2001, before the City
Council, the first publication appearing and written notice having been mailed to
property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the property under consideration more than fifteen (15) days
prior to said heating and with the notice of public hearing having been posted upon
the property under consideration more than one week before said heating; and that
copies of all notices were made available to newspaper, radio and television stations
as public service announcements; and the matter having been duly considered by the
City Council at the June 19, 2001 and continued until July 3, 2001, public hearing;
and the applicant, affected property own'ers, and government subdivisions providing
services within the planning jurisdiction of the City of Meridian, having been given
full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ ! 1-15-5
and I 1-16-1.
3. The City Council talces judicial notice of its zoning, subdivisions and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP/BRIDGETOWER CROSSING SUBDIVISION- (AZ-01-003 )
Page 2
development ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance establishing the Impact Area Boundary.
4. The property which is the subject of the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full.
5. The property is approximately 371.42 acres in size and is located at the
northeast comer of Ten Mile and McMillan. The property is designated as
Bridgetower Crossing Subdivision.
6. The owners of record of the subject property are E.L. Bews of 5204
Sorrento Circle, Boise, Idaho 83704, Young Lands, Ltd. (represented by Harry D.
Young) of 2420 Ustick Road, Meridian, Idaho 83642, and Brad and Claandos
Hoaglun of 2430 Ustick Road, Meridian; Idaho 83642.
7. Applicant is Primeland Development Co., LLP 1111 S. Orchard, Suite
155, Boise, Idaho 83705.
8. The property is presently zoned by Ada County as RUT, and consists of
agricultural with 4 existing single family dwellings and accessory buildings.
9. The Applicant requests the property be zoned as R-4 and C-G.
10. The subject property is bordered to the north, east and west by Ada
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 )
Page 3
County zoned property and to the south by R-4 zoning.
11. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
13. The Applicant proposes to develop the subject property inthe following
manner: a large phased mixed use project involving 5 commercial lots, 259 single
family residential lots, 59 townhouse lots, 8 office lots, 10 commercial lots and 58
common lots.
14. The Applicant requests zoning of the subject real property as K-4 and C-
G which are consistent with the Meridian Comprehensive Plan Generalized Land Use
Map which designates the subject property as Single-Family Residential and
Commercial Mixed Use.
15. There are no significant or ~cenic features of major importance that
affect the consideration of this application.
16. The City Council recognizes the.written concerns of Brian and
Margaretha English dated April 19, 2001.
17. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 )
Page 4
not impose expense upon the public if the following conditions of development are
imposed:
Based upon the testimony of Becky Bowcutt, the Applicant's
representative, and the widely recognized need for infrastructure
improvements sooner, rather than later, especially as it respects large
developments, the Owner/Developer, as condition of annexation and
zoning, shall participate in the negotiations with Ada County Highway
District, and shall become a party to any eventual agreements worked
out by the developer/ACHD Group.
Therefore, as a condition of annexation, and as a condition of the
Development Agreement, Applicant shall participate in any road
infrastructure agreements negotiated with ACHD and shall faithfully
perform the terms of such agreement or agreements.
AND
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
2. The Applicant is proPosing that seven (7) lots in the preliminary plat
and Phase 1 annexation applications be approved as office lots (Lots 25,
26 and 29 of Block 14 and Lots 22, 23, 25, and 26 Block 23). However,
the current Comprehensive Plan does not support office zoning in these
areas. The Comprehensive Plan does support the proposed C-G zoned
lots. The Applicant is proposing the office lots be allowed as non-
conforming uses in the R-4 zone under a new proposed PUD ordinance.
Until either the PUD ordinance or Comprehensive Plan is formally
amended, these seven (7) office lots cannot be approved for office use.
The office lots shall be annexed with an R-4 zone but shall be restricted
from obtaining any building permits until the lots are formally rezoned
to the L-O zone or the PUD ordinance is amended. The Commission
does support the concept of incorporating other uses besides residential
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP/BRIDGETOWER CROSSING SUBDIVISION- (AZ-01-003)
as part of this development.
A condition of the D.A. shall be that the Applicant submit a Preliminary
Plat application for Phase 2 (204.42 acres) of the project no Iater than
June 2002 (or earlier if the Meridian School District requires) in order
to accommodate the new elementary school construction by 2003. The
school shall be developed within the City limits to receive city services
and the school shall be constructed on a legal lot within an approved
subdivision plat. (The school lot is currently shown in Phase 15 of the
project and is not a part of the Phase 1 annexation.)
A condition of the DA. shall be that development and use of each
commercial-designated lot in this subdivision (Lots 23, 31, 32, 34 and
36, Block 23 and Lots 1-5, Block 31) shall occur only through the
Conditional Use Permit process.
A detached sidewalk with a minimum 5-foot-wide planter strip between
the curb and sidewalk shall be required along the Ten Mile Road,
McMillan Road and Linder Road frontages.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department. The located White Trunk will not be required to be tiled
if it will be made into, and maintained, as a water amenity.
4
Any ex~sting domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Sections 11-13-4.C. and 12-5-2.M.
9. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FORANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP/BRIDGETOWER CROSSING SUBDIVISION- (AZ-01-003 )
10.
11.
12.
13.
be required at locations designated by the Public Works Department.
All streedights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parldng areas. All site drainage shall
be contained and disposed of on-site.
Off-street parldng shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
All signage shall be in accordance with the standards set forth in Section
11-14 of the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs shall be permitted.
Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
14. Ail construction shall conform to the requirements of the Americans
with Disabilities Act.
Adopt the Reconwnendations of the Ada County Highway District as follows:
15.
Dedicate 48-feet of right-of-way from the centerline of Ten Mile Road
abutting the parcel by mean. s of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first.
16.
Dedicate 48-feet of right-of-way from the centefline of McMillan road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first.
17.
Dedicate 48-feet of right-of-way from the centefline of Ustick Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION .- (AZ-01-003)
Page 7
18.
19.
Construct the main entrance to the subdivision on Ten Mile Road
located approximately 1/3-mile south of McMillan Road, as proposed.
The entrance shall be designed with 2 l-foot street sections on either
side of a center median, and the median shall be constructed a
minimum of 4-feet wide (but no larger than 12-feet wide) to total a
minimum of a 100-square foot area. The applicant shall be required to
dedicate 54-feet of fight-of-way plus the additional width of the median.
Construct the main entrance to the townhouse portion of the
subdivision on McMillan Road located approximately 900-feet east of
Ten Mile Road, as proposed. The entrance shall be designed with 21-
foot street sections on either side of a center median and the median
shall be constructed a minimum of 4-feet wide (but no larger than 12-
feet wide to total a minimum of a 100-square foot area. The applicant
shall be required to dedicate 54-feet of right-of-way plus the additional
width of the median.
20.
21.
22.
Construct Belltower Drive and Towerbridge Way through the site as
residential collectors because the anticipated traffic volumes exceed
1,000 vehicle trips per day. Front-on housing is prohibited on
residential collectors. Construct these street segments as 36-foot street
sections with curb, gutter and 5-foot wide concrete sidewalks. Parldng
shall be prohibited on these street segments. Coordinate with signage
plan with District staff. The access restrictions for these street segments
shall be stated on the final plat.
Provide directional signage 'on Belltower Drive where the roadway
diverges around the water amenity. This signage is necessary to guide
motorists in the proper direction. Coordinate the design of the signage
plan with Traffic Services staff.
Construct two driveways off Belltower located approximately 230-feet
east of Ten Mile Road on both the north and south sides of Belltower
Drive.
23. Connect to two existing stub streets that were approved with the
Bridgetower Subdivision (located north of Ustick Road) as proposed.
The streets, Pride Crossing Drive and Towerbridge Way, shall be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 )
24.
25.
26.
27.
28.
extended into this site.
29.
Construct two stub streets to the undeveloped parcel to the southwest
of the site. The stub streets, Breeze Creek Way (to the south), and
Teano Drive (to the west), shall be located as proposed. Construct
tumarounds at the end of the stub streets and install a sign at the
termini of the stub streets stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub
streets, and the design of the turnaround with District staff.
Construct three stub streets to the undeveloped parcels to the northeast
and east of the site (parcels included in the entire planned unit
development proposed by this applicant). The stub streets:
Coppercloud Way (to the north), Messina Street (to the east), and
Verona Drive (to the east), shall be located as proposed. No
turnarounds are required. Install a sign at the termini of the stub streets
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
Coordinate the sign plan for the stub streets with District staff.
Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat shall be owned and maintained by a homeowners
association. Notes of this shall be required on the final plat.
Unless otherwise approv, ed, construct all public roads within the
subdivision as 36-foot street sections with curb, gutter, and 5-foot wide
concrete sidewalks within {O-feet of right-of-way.
Streets within, the subdivision shall align or offset a minimum of 125-
feet from any proposed public street.
Construct the tumarounds to provide a minimum turning radius of 45-
feet.
30.
Construct a 5-foot wide concrete sidewalk on Ten Mile Road abutting
the site, located 2-feet within the right-of-way. If the applicant
constructs a meandering sidewalk, provide a sidewalk easement to the
District to construct the sidewalk outside of the right-of-way.
Coordinate the location and elevation of the sidewalk with District staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 )
Page 9
31.
Construct a 5-foot wide concrete sidewalk on McMillan Road abutting
the site, located 2-feet within the right-of-way. If the applicant
constructs a meandering sidewalk, provide a sidewalk easement to the
District to construct the side~valk outside of the right-of-way.
Coordinate the location and elevation of the sidewalk with District staff.
32.
Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the
site, located 2-feet within the right-of-way. If the applicant constructs a
meandering sidewalk, provide a sidewalk easement to the District to
construct the sidewalk outside of the right-of-way. Coordinate the
location and elevation of the sidewalk with District staff.
33.
34.
35.
36.
37.
38.
Pave the driveways their full width of 24 to 30-feet, and at least 30-feet
into the site beyond the edge of pavement of Ten Mile Road, McMillan
Road and Ustick Road, and install pavement tapers with 15-foot radii
abutting the existing roadway edge.
Construct a 25-foot wide driveway on the east side of Ten Mile Road
located approximately 380-feet south of McMillan Road to serve the
office and commercial lots, as proposed.
Construct a BO-foot wide driveway on the east side of Ten Mile Road
located approximately 440-feet north of McMillan Road to serve the
commercial lot, as proposed.
Construct a BO-foot wide d/iveway on the east side of Ten Mile Road
located approximately 20-feet sOUth of the north property line to serve
the commercial lot, as proposed.
Construct a 30-foot wide driveway on the north side of McMillan Road
located approximately 440-feet east of Ten Mile Road to serve the
commercial lot, as proposed.
Construct a 30-foot wide driveway on the north side of McMillan Road
located approximately 50-feet west of the east property line to serve the
commercial lot, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNF_XATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP/BRIDGETOWER CROSSING SUBDMSION- (AZ-01-003)
Page i0
39.
40.
Construct a 25-foot wide driveway on the south side of McMillan Road
located approximately 440-feet east of Ten Mile Road to serve the
office/commercial lots, as proposed.
Construct a center turn lane on Ten Mile Road for the Ten Mile
Road/main entrance intersection. The turn lane shall be constructed to
provide a minimum of 100-feet of storage with shadow tapers for both
the approach and departure directions. Coordinate the design of the
turn lane with District staff.
41.
42.
Construct a center turn lane on Ten Mile Road for the Ten Mile
Road/driveway intersection located south of McMillan Road. The turn
lane shall be constructed to provide a minimum of 100-feet of storage
with shadow tapers for both the approach and departure directions.
Coordinate the design of the turn lane with District staff.
Construct center turn lanes on Ten Mile Road for the Ten Mile
Road/driveway intersections north of McMillan Road that serve the
commercial parcel. The turn lanes shall be constructed to provide a
minimum of 100-feet of storage with shadow tapers for both the
approach and departure directions. Coordinate the design of the turn
lanes with District staff.
43.
Construct a center tuna lane on McMillan Road for the McMillan
Road/main entrance intersection. The turn lane shall be constructed to
provide a minimum of 100-feet of storage with shadow tapers for both
the approach and departur~ directions. Coordinate the design of the
rum lane with District staff.
44.
Construct center turn lanes on McMillan Road for the McMillan
Road/driveway intersections located east of Ten Mile Road. The turn
lanes shall be constructed to provide a minimum of 100-feet of storage
with shadow tapers for both the approach and departure directions.
Coordinate the design of the turn lanes with District staff.
45. Construct added left-turn lanes on each intersection approach at the
Ustick Road/Linder Road intersection and at the Ustick Road/Ten Mile
Road intersection. The applicant shall coordinate the design of these
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BKIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 )
46.
improvements with District staff.
Provide a road trust deposit for 21% of the cost of a traffic signal at the
Ustick Road/Under intersection in the amount of $29,400 for their
proportionate share of the cost of the traffic signal at Ustick and Linder
Roads.
47.
Provide a road trust deposit for 27% of the cost of a traffic signal at the
Ustick Road/Ten Mile Road intersection in the amount of $37,800 for
their proportionate share of the cost of the traffic signal at Ustick and
Ten Mile Roads.
48.
Relocate the Settlers Canal outside of the new right-of-way of McMillan
Road to provide adequate space for future road widening.
49.
All irrigation facilities shall be relocated outside of the new right-of-way
on McMillan Road, Ten Mile Road and Ustick Road.
50.
Ail utility relocation costs associated with improving street frontages
abutting the site should be borne by the developer.
51.
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.
52.
Other than the access point~ specifically approved with this application,
direct lot or parcel access to McMillan Road, Ten Mile Road and Ustick
Road is prohibited. Lot access restrictions, as required with this
application, shall be stated on the final plat.
53. Additionally, the Applicant shall comply with all of ACHD's Standard
Requirements listed in their letter dated April 18, 2001.
Adopt the Recommendations of the Settlers Irrigation District as follows:
54. The White Drain may be relocated as an open water amenity if the City
of Meridian agrees to an indemnification agreement with Settlers
Irrigation District. Also, an Operation and Maintenance agreement for
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003)
the White Drain shall be required between the developer and Settlers
Irrigation District.
55.
Drainage water from this proposed development may be accepted into
the White Drain under certain water quality standards set forth by
DEQ, ACHD, and Settlers Irrigation District.
56.
The water storage pond for the pressurized irrigation system is the only
pond that could be constructed as part of the White Drain as long as an
Operation and Maintenance agreement is in place between the
developer and Settlers Irrigation District.
Additionally, the Applicant shall be required to comply with the actions of the
City Council from their July 17, 2001 meeting as follows:
57.
The White Drain Sewer Trunk easements are necessary and shall be
within the City limits.
58.
At such time as Owner/Developer proposes a development for that
portion annexed herein, which is not yet subject to a specific application
for development, Owner/Developer shall make reasonable
accommodation of the concerns expressed by Mr. Brian English
regarding placement of access onto the property from Linder Road in
such a way as to minimize headlight glare from vehicles leaving the
property and shining onto the English residence at 4650 North Linder
Road, Meridian, Idaho.
59.
Applicant to coordinate with Tom Anderson the fencing that will go
along the west property line of the Tom Anderson's property.
18. NOTE: This annexation and the accompanying zoning designation
allow development of the annexed parcel under the Planned Development Ordinance.
Concurrently, with the application for annexation and zoning, the applicant also
submitted an application for approval of preliminary plat and an application for a
conditional use permit. The accompanying preliminary plat and conditional use
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP/BKIDGETOWER CROSSING SUBDIVISION- (AZ-01-003 )
Page 13
permit applications covered only a portion of the property being annexed herein. By
reviewing the proposed preliminary plat and conditional use applications, the Council
finds that the remainder of the annexed property will be appropriate for an additional
number of residential lots, and for uses other than residential in accordance with the
Planned Development Ordinance, as well as a school site. This project is approved in
concept only. The concept includes: maximum number of residential lots not to
exceed 692, mixed uses, school site, setbacks, collector roadways, amenities and open
space. The applicant recognizes that the approval is in concept only and that detailed
approval shall be required by submittal of all appropriate applications, including, but
not limited to, preliminary plat or plats and conditional use permit or permits. The
detailed approval shall be subject to all applicable Ordinances unless otherwise
approved under the original Planned Unit Development application":
19. It is found that if the developer pays for the requested improvements
nd complies with the conditions set fortti in these Findings of Fact No. 17, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
20. It is also found that the development considerations as referenced in
Finding No. 17 are reasonable to require and must be taken into account, in order to
assure the proposed development is designed, constructed, operated and maintained
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-Oi-O03)
Page 14
in a manner which is harmonious and appropriate in appearance with the existing, or
intended character of the general vicinity, in order to assure that the proposed use
will not change the essential character of the affected vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
2 i. It is found that the zoning of the subject real property as Low Density
Residential District (R-4) and General Retail and Service Commercial (C-G) require
connection to the Municipal Water and Sewer systems and will be compatible with
the Applicant's development intentions, and will assure that the zoning is consistent
with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Single-Family Residential and Commercial Mixed Use.
22. The subject annexation request and zoning designation and proposed
development relates and is compatible t6 the goals and policies of the Comprehensive
Plan of the City as follows:
22.1 The consideration of the provisions of the Comprehensive Plan and the
requirements of the zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive Plan
and the zoning ordinance of the City to all applications such as the
subject application.
22.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
Page 15
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP/BRIDGETOWER CROSSING SUBDIVISION- (AZ-01-003)
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
22.3 The application is consistent with Meridian's self identity.
22.4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive Plan and the zoning ordinance of the City to the subject
application.
22.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for ex~sting
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiendy managed and
dearly identifiable.
22.6 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
Plan and the zoning ordinance of the City to the subject application.
23. The property can be physically serviced with City water and sewer.
24. Additionally at the City Council meeting held on July 3, 2001, in the
testimony of the Applicant's representative, Becky Bowcutt, Ms. Bowcutt testified
that the Applicant, together with other developers with property interests in the area
constituting the northern twelve square miles of Meridian's Area of Impact, are in
negotiations with the Ada County Highway District to find creative ways to more
rapidly construct road improvements, and especially road way widening projects,
intersection improvements including signaling, designation of collector locations, etc.
Topics in the negotiations included exploring ways for the developers to be able to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOK ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWEK CROSSING SUBDIVISION - (AZ-01-003)
dedicate additional right-of-way to Ada County Highway District, but deferring
payment back to the developer from ACHD until a later date when Impact Fees are
paid, from any future developers, within the area for the additional dedicated arterial
right-of-way. Ms. Bowcutt also indicated that the developers and ACHD are trying
to devise a system where the developers would be the constructing entity for road
infrastructure, and the same developers wouId then receive a reimbursement from
ACHD Impact Fees, or other revenues, in a mechanism very similar to Late Comer
Fees paid back to developers who install municipal sewer and water lines.
Therefore, as a condition of annexation, and as a condition of the
Development Agreement, Applicant shall participate in any road infrastructure
agreements negotiated with ACHD and shall faithfully perform the terms of such
agreement or agreements.
CONCLUSIONS OF LAW
1. The City of Meridian has afithority to annex real property upon written
request for annexation and the real property being contiguous or adiacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may
annex real property that is within the Meridian Urban Service Planning Area as set
forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP/BRIDGETOWER CROSSING SUBDIVISION- (AZ-O1-003)
Page 17
policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted
December 21, 1993, Ord. No. 629, January 4, 19947
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1
To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment by
adopting City-wide and Urban Service Planning Area policies,
which deal with area-specific policies and programs.
4.2
To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
4.3
To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
4.4 To provide housing opportunities for all economic groups
within the community.
4.5 To preserve and improve the character and quality of
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (ADO 1-003 )
Page 18
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
4.6
To encourage cultural, educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
4.7
To provide community services to fit existing and projected
needs.
4.8
To establish compatible and efficient use of land through
the use of innovative and functional site design.
4.9
To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
Additionally, the following goals and policies are relevant to this application and
they are as follows:
Economic Development Chapter
Policies 3.1U, 3.2U
Land Use Chapter
Policies 2.1U, 2.2U, 2.3U, 6.3.c.
Natural Resources and Hazardous Areas Chapter
Policies 1.1U, 2.1U, 2.5U, 3.1U, 4.1U
Transportation Chapter
Policies 1.6U, 1.9U
Open Space, Parks & Recreation
Policies 3.1, 5.3
Housing Chapter
Policies 1.3, 1.4, 1.7, 1.12, 1.13U, 1.I8
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 )
Page 19
Community Design Chapter
Policies 1.8, 5.2U
5. The zonings of Low Density Residential District (R-4) and General Retail
And Service Commercial District (C-G) are defined in the Zoning Ordinance at § 11-7-2
C. and Iq as follows:
(R-4) Low Density Residential District: Only single-family dwellings shall be
permitted and no conditional uses shall be permitted except for planned
residential development and public schools. The purpose of the R-4 District is
to permit the establishment of low density single-family dwellings, and to
delineate those areas where predominantly residential development has, or is
likely to occur in accord with the Comprehensive Plan of the City, and to protect
the integrity of residential areas by prohibiting the intrusion of incompatible
nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling
units per acre and requires connection to the Municipal water and sewer systems
of the City.
AND
(C-G) General Retail And Service Commercial District: The purpose of the
C-G District is to provide for commercial uses which are customarily operated
entirely or almost entirely within a building; to provide for a review of the impact
of proposed commercial uses which are auto and service oriented and are located
in close proximity to major highway or arterial streets; to fulfill the need of travel-
related services as well as retail sales for the transient and permanent motoring
public. All such districts shall be connected to the Municipal water and sewer
systems of the City, and shall not constitute strip commercial development and
encourage cluster'rog of commercial development.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is not required for Applicant to construct and develop a possible
single-family residential development.
7. Since the annexation and zoning of land is a legislative function, the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PILIMELAND DEVELOPMENT
CO., LLP/BRIDGETOWER CROSSING SUBDIVISION- (AZ-01-003 )
Page 20
has authority to place conditions upon the annexation of land. See Burr vs. The City of
Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8. The development of the annexed land, if annexed, shall meet and comply
with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-
4 which pertains to development time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinances of the City of Meridian.
10. Section 1 I- 16-4 A of the Zoning and Development Ordinance provides in
part as follows:
If property is annexed and zoned, the City may require or permit, as a condition
of the zoning, that an owner or developer malce a written commitment concerning
the use or development of the subject property. If a commitment is required, or
permitted, it shall be recorded in the office of the Ada County Recorder and shall
talce effect upon the adoption of th~ ordinance annexing and zoning the property,
or prior if agreed to by the owner of the parcel. Unless the commitment is
modified or terminated by the City Council, the commitment shall be binding on
the owner of the parcel, each subsequent owner, and each other person acquiring
an interest in the property. A commitment is binding on the owner of the
property even if it is unrecorded; however, an unrecorded commitment is binding
on subsequent owners and each other person acquiring an interest in the property
only if the subsequent owner and each other person acquiring an interest in the
property has actual notice of the commitment.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY P1LIMELAND DEVELOPMENT
CO., LLP/BRIDGETOWER CROSSING SUBDIVISION- (AZ-01-003 )
Page 21
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1. The applicant's request for annexation and zoning of approximately 371.42
acres to Low Density Residential District (K-4) and General Retail And Service
Commercial District (C-G) is granted subject to the terms and conditions of this Order
hereinafter stated. Additionally, this annexation and the accompanying zoning
designation allow development of the annexed parcel under the Planned Development
Ordinance. Concurrently, with the application for annexation and zoning, the applicant
also submitted an application for approval of preliminary plat and an application for a
conditional use permit. The accompanying preliminary plat and conditional use peri'nit
applications covered only a portion of the property being annexed herein. By reviewing
the proposed preliminary plat and conditional use applications, the Council finds that
the remainder of the annexed property will be appropriate for an additional number of
residential lots, and for uses other than residential in accordance with the Planned
Development Ordinance, as well as a school site. This project is approved in concept
only. The concept includes: maximum number of residential lots not to exceed 692,
mixed uses, school site, setbacks, collector roadways, amenities and open space. The
applicant recognizes that the approval is in concept only and that detailed approval shall
be required by submittal of all appropriate applications, including, but not limited to,
preliminary plat or plats and conditional use permit or permits. The detailed approval
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 )
Page 22
shall be subject to all applicable Ordinances unless othenvise approved under the original
Planned Unit Development application".
2. The application is for annexation and zoning of 371.42 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3. Developer enter into a Development Agreement that provides in the
event the conditions therein 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. Based upon the testimony of Becky Bowcutt, the Applicant's
representative, and the widely recognized need for infrastructure
improvements sooner, rather than later, especially as it respects large
developments, the Owne~r/Developer, as condition of annexation and
zoning, shall participate in the negotiations with Ada County Highway
District, and shall become a party to any eventual agreements worked
out by the developer/ACHD Group.
Therefore, as a condition of annexation, and asa condition of the
Development Agreement, Applicant shall participate in any road
infrastructure agreements negotiated with ACHD and shall faithfully
perform the terms of such agreement or agreements.
AND
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP/B1LIDGETOWER CROSSING SUBDIVISION- (AZ-01-003 )
Page 23
Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
The Applicant is proposing that seven (7) lots in the preliminary plat
and Phase 1 annexation applications be approved as office lots (Lots 25,
26 and 29 of Block 14 and Lots 22, 23, 25, and 26 Block 23). However,
the current Comprehensive Plan does not support office zoning in these
areas. The Comprehensive Plan does support the proposed C-G zoned
lots. The Applicant is proposing the office lots be allowed as non-
conforming uses in the R-4 zone under a new proposed PUD ordinance.
Until either the PUD ordinance or Comprehensive Plan is formally
amended, these seven (7) office lots cannot be approved for office use.
The office lots may be annexed with an R-4 zone but shall be restricted
from obtaining any building permits until the lots are formally rezoned
to the L-O zone or the PUD ordinance is amended. The Commission
does support the concept of incorporating other uses besides residential
as part of this development.
A condition of the D.A. shall be that the Applicant submit a Preliminary
Plat application for Phase 2 (204.42 acres) of the project no later than
June 2002 (or earlier if the Meridian School Disttict requires) in order
to accommodate the new elementary school construction by 2003. The
school shall be developed within the City limits to receive city services
and the school shall be constructed on a legal lot within an approved
subdivision plat. (The school lot is currently shown in Phase 15 of the
project and is not a part of the Phase ! annexation.)
A condition of the D.A. shall be that development and use of each
commercial-designated lot in this subdivision (Lots 23, 31, 32, 34 and
36, Block 23 and Lots 1-5, Block 31) shall occur only through the
Conditional Use Permit process.
A detached sidewalk with a minimum 5-foot-wide planter strip between
the curb and sidewalk shall be required along the Ten Mile Road,
McMillan Road and Linder Road frontages.
6. All irrigation ditches, laterals or canals, exdusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PtLIMELAND DEVELOPMENT
CO., LLP/BRIDGETOWER CROSSING SUBDIVISION- (AZ-01-003 )
be tiled per City Ordinance 12-4-13. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Worlcs
Department. The located White Trunk will not be required to be tiled if
it will be made into, and maintained, as a water amenity.
Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Sections 11-13-4.C. and 12-5-2.M.
Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department.
All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants.
10.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-I-91) for all off-street parking areas. All site drainage shall
be contained and disposed of on-site.
11.
Off-street parldng shall be provided in accordance with the City of
Meridian Ordinance 11-13 1:or use of property.
12.
Ail signage shall be in accordance with the standards set forth in Section
11-14 of the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs shall be permitted.
13.
Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
14.
Ail construction shall conform to the requirements of the Americans
with Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP/BRIDGETOWER CROSSING SUBDIVISION- (AZ-01-003)
Page 25
Adopt the Recommendations of the Ada County Highway District as follows:
15.
Dedicate 48-feet of right-of-way from the centefline of Ten Mile Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first.
16.
Dedicate 48-feet of fight-of-way from the centerline of McMillan road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first.
17.
Dedicate 48-feet of right-of-way from the centeriine of Ustick Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first.
18.
Construct the mairi entrance to the subdivision on Ten Mile Road
located approximately 1/3-mile south of McMillan Road, as proposed.
The entrance shall be designed with 21-foot street sections on either
side of a center median, and the median shall be Constructed a
minimum of 4-feet wide (but no larger than 12-feet wide) to total a
minimum of a 100-square foot area. The applicant shall be required to
dedicate 54~feet of right-of-way plus the additional width of the median.
19.
Construct the main entrance to the townhouse portion of the
subdivision on McMillan Ri~ad located approximately 900-feet east of
Ten Mile Road, as proposed. The entrance shall be designed with 21-
foot street sections on either side of a center median and the median
shall be constructed a minimum of 4-feet wide (but no larger than 12-
feet wide to total a minimum of a 100-square foot area. The applicant
shall be required to dedicate 54-feet of right-of-way plus the additional
width of the median.
20.
Construct Belltower Drive and Towerbridge Way through the site as
residential collectors because the anticipated traffic volumes exceed
1,000 vehicle trips per day. Front-on housing is prohibited on
residential collectors. Construct these street segments as 36-foot street
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FORANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP/BRIDGETOWER CROSSING SUBDIVISION - (AZ-O1-003)
Page 26
21.
22.
sections with curb, gutter and 5-foot wide concrete sidewalks. Parking
shall be prohibited on these street segments. Coordinate with signage
plan with District staff. The access restrictions for these street segments
shall be stated on the final plat.
Provide directional signage on Belltower Drive where the roadway
diverges around the water amenity. This signage is necessary to guide
motorists in the proper direction. Coordinate the design of the signage
plan with Traffic Services staff.
Construct two drivesvays off Belltower located approximately 230-feet
east of Ten Mile Road on both the north and south sides of Belltower
Drive.
23.
Connect to two existing stub streets that were approved with the
Bridgetower Subdivision (located north of Ustick Road) as proposed.
The streets, Pride Crossing Drive and Towerbridge Way, shall be
extended into this site.
24.
Construct two stub streets to the undeveloped parcel to the southwest
of the site. The stub streets, Breeze Creek Way (to the south), and
Teano Drive (to the west), shall be located as proposed. Construct
tumarounds at the end of the stub streets and install a sign at the
termini of the stub streets stating that, "THIS ROAD WILL BE
EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub
streets, and the design of the turnaround with District staff.
25.
Construct three stub streets to the undeveloped parcels to the northeast
and east of the site (parcels included in the entire planned unit
development proposed by this applicant). The stub streets:
Coppercloud Way (to the north), Messina Street (to the east), and
Verona Drive (to the east), shall be located as proposed. No
turnarounds are required. Install a sign at the termini of the stub streets
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
Coordinate the sign plan for the stub streets with District staff.
26. Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat shall be owned and maintained by a homeowners
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP/BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 )
association. Notes of this shall be required on the final plat.
27. Unless otherwise approved, construct all public roads within the
subdivision as 36-foot street sections with curb, gutter, and 5-foot wide
concrete sidewalk, s within 50-feet of fight-of-way.
28. Streets within the subdivision shall align or offset a minimum of 125-
feet from any proposed public street.
29. Construct the tumarounds to provide a minimum turning radius of 45-
feet.
30.
Construct a 5-foot wide concrete sidewalk on Ten Mile Road abutting
the site, located 2-feet within the fight-of-way. If the applicant
constructs a meandering sidewalk, provide a sidewalk easement to the
District to construct the sidewalk outside of the fight-of-way.
Coordinate the location and elevation of the sidewalk with District staff.
31.
Construct a 5-foot wide concrete sidewalk on McMillan Road abutting
the site, located 2-feet within the right-of-way. If the applicant
constructs a meandering sidewalk, provide a sidewalk easement to the
District to construct the sidewalk outside of the right-of-way.
Coordinate the location and elevation of the sidewalk with District staff.
32.
Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the
site, located 2-feet within the right-of-way. If the applicant constructs a
meandering sidewalk, provi~te a sidewallc easement to the District to
construct the sidewalk outside of the right-of-way. Coordinate the
location and elevation of the sidewalk with District staff.
33.
Pave the driveways their full width of 24 to 30-feet, and at least 30-feet
into the site beyond the edge of pavement of Ten Mile Road, McMillan
Road and Ustick Road, and install pavement tapers with 15-foot radii
abutting the existing roadway edge.
34.
Construct a 25-foot wide driveway on the east side of Ten Mile Road
located approximately 380-feet south of McMillan Road to serve the
office and commercial lots, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP/BRIDGETOWER CROSSING SUBDIVISION- (AZ-01-003 )
Page 28
35.
Construct a 30-foot wide driveway on the east side of Ten Mile Road
located approximately 440-feet north of McMillan Road to serve the
commercial lot, as proposed.
36.
Construct a 30-foot wide driveway on the east side of Ten Mile Road
located approximately 20-feet south of the north property line to serve
the commercial lot, as proposed.
37.
Construct a 30-foot wide driveway on the north side of McMillan Road
located approximately 440-feet east of Ten Mile Road to serve the
commercial lot, as proposed.
38.
Construct a 30-foot wide driveway on the north side of McMillan Road
located approximately 50-feet west of the east property line to serve the
commercial lot, as proposed.
39.
Construct a 25-foot wide driveway on the south side of McMillan Road
located approximately 440-feet east of Ten Mile Road to serve the
office/commercial lots, as proposed.
40.
Construct a center turn lane on Ten Mile Road for the Ten Mile
Road/main entrance intersection. The turn lane shall be constructed to
provide a minimum of 100-feet of storage with shadow tapers for both
the approach and departure directions. Coordinate the design of the
turn lane with District staff.
41.
Construct a center turn lane on Ten Mile Road for the Ten Mile
Road/driveway intersection located south of McMillan Road. The turn
lane shall be constructed to provide a minimum of 100-feet of storage
with shadow tapers for both the approach and departure directions.
Coordinate the design of the turn lane with District staff.
42.
Construct center tum lanes on Ten Mile Road for the Ten Mile
Road/driveway intersections north of McMillan Road that serve the
commercial parcel. The turn lanes shall be constructed to provide a
minimum of 100-feet of storage with shadow tapers for both the
approach and departure directions. Coordinate the design of the turn
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP / BRIDGETOWER CROSSING SUBDIVISION - (AZ-O1-003)
Page 29
43.
44.
45.
46.
47.
48.
49.
50.
lanes with District staff.
Construct a center turn lane on McMillan Road for the McMillan
Road/main entrance intersection. The turn lane shall be constructed to
provide a minimum of 100-feet of storage with shadow tapers for both
the approach and departure directions. Coordinate the design of the
turn lane with District staff.
Construct center turn lanes on McMillan Road for the McMillan
Road/driveway intersections located east of Ten Mile Road. The turn
lanes shall be constructed to provide a minimum of 100-feet of storage
with shadow tapers for both the approach and departure directions.
Coordinate the design of the turn lanes with District staff.
Construct added left-turn lanes on each intersection approach at the
Ustick Road/Linder Road intersection and at the Ustick Road/Ten Mile
Road intersection. The applicant shall coordinate the design of these
improvements with District staff.
Provide a road trust deposit for 21% of the cost of a traffic signal at the
Ustick Road/Linder intersection in the amount of $29,400 for their
proportionate share of the cost of the traffic signal at Ustick and Linder
Roads.
Provide a road trust deposit for 27% of the cost of a traffic signal at the
Ustick Road/Ten Mile Road intersection in the amount of $37,800 for
their proportionate share of the cost of the traffic signal at Ustick and
Ten Mile Roads.
Relocate the Settlers Canal outside of the new right-of-way of McMillan
Road to provide adequate space for future road widening.
All irrigation facilities shall be relocated outside of the new right-of-way
on McMillan Road, Ten Mile Road and Ustick Road.
All utility relocation costs associated with improving street frontages
abutting the site should be borne by the developer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP/BRIDGETOWER CROSSING SUBDIVISION- (AZ-01-003 )
Page 30
51.
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.
52.
Other than the access points specifically approved with this application,
direct lot or parcel access to McMillan Road, Ten Mile Road and Ustick
Road is prohibited. Lot access restrictions, as required with this
application, shall be stated on the final plat.
53.
Additionally, the Applicant shall comply with all of ACHD's Standard
Requirements fisted in their letter dated April 18,2001.
Adopt the Recommendations of the Settlers Irrigation District as follows:
54.
The White Drain Sewer Tronic easements are necessary and shall be
within the City limits.
55.
At such time as Owner/Developer proposes a development for that
portion annexed herein, which is not yet subject to a specific application
for development, Owner/Developer shall make reasonable
accommodation of the concerns expressed by Mr. Brian English
regarding placement of access onto the property from Linder Road in
such a way as to minimize headlight glare from vehicles leaving the
property and shining onto the English residence at 4650 North Linder
Road, Meridian, Idaho.
56.
Applicant to coordinate with Tom Anderson the fencing tha~ will go
along the west property line of the Tom Anderson's property.
Additionally, the Applicant shall be required to comply with the actions of the
City Council from their July 17, 2001 meeting as follows:
57.
The White Drain Sewer Trunk easements are necessary and shall be
within the City limits.
58.
At such time as Owner/Developer proposes a development for that
portion annexed herein, which is not yet subject to a specific application
for development, Owner/Developer shall make reasonable
accommodation of the concerns expressed by Mr. Brian English
regarding placement of access onto the property from Linder Road in
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP/BRIDGETOWER CROSSING SUBDIVISION- (AZ-O1-003)
Page 31
such a way as to minimize headlight glare from vehicles leaving the
property and shining onto the English residence at 4650 North Under
Road, Meridian, Idaho
59. Applicant to coordinate with Tom Anderson the fencing that wii1 go
along the west property line of the Tom Anderson's property.
NOTE: This annexation and the accompanying zoning designation allow
development of the annexed parcel under the Planned Development
Ordinance. Concurrently, with the application for annexation and zoning, the
applicant also submitted an application for approval of preliminary plat and an
application for a conditional use permit. The accompanying prelimina~ plat
and conditional use permit applications covered only a portion of the property
being annexed herein. By reviewing the proposed preliminary plat and
conditional use applications, the Council finds that the remainder of the
annexed property will be appropriate for an additional number of residential
lots, and for uses other than residential in accordance with the Planned
Development Ordinance, as well as a school site. This project is approved in
concept only. The concept includes: maximum number of residential lots not
to exceed 692, mixed uses, school site, setbacks, collector roadways, amenities
and open space. The applicant recognizes that the approval is in concept only
and that detailed approval shall be required by submittal of all appropriate
applications, including, but not limited to, preliminary plat or plats and
conditional use permit or permits. The detailed approval shall be subject to all
applicable Ordinances unless otherwise approved under the original Planned
Unit Development application''.
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real property
which is the subject of the application to (R-4) Low Density Residential District and (C-
G) General Retail And Service Commercial District, and Meridian City Code § 11-7-2
C. and K.
5. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP/BRIDGETOWER CROSSING SUBDIVISION- (AZ-01-003 )
Page 32
appropriate mapping changes of the offidal boundaries and zoning maps as provided in
Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and
zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the annexation and zoning and who may within twenty-eight (28) days after the date
of this decision and order seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
of
ROLL CALL
COUNCILMAN RON ANDERSON
By action of the City Council at its regular meeting held on the
~::~, ~' ~.r.~--- ,2001.
2~-~ day
VOTED
COUNCILMAN KEITH BIRD
VOTED
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP/BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003 )
VOTED
VOTED
Page 33
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: /O '- ~- -- ~:2t/
VOTED
MOTION:
APPROVED~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
By: · Dated:
Z:\Work~MX~Meridian~Meridlan 15360/vl~ridgetower CrossingAZOl-O03 PPOI-O05 CUPOI-OO6V~ZFfCIsO'
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY PRIMELAND DEVELOPMENT
CO., LLP/BRIDGETOWER CROSSING SUBDIVISION - (AZ-01-003)
Page 34