Kelly Creek Subdivision AZ 03-013
PARTIES:
ADA CDUNTY RECORDER J, DAVID NAVARRO
BOISE IDAHO 10/24/03 01:40 PM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridian City
AMOUNT ,00
61
1111111111111111111111111111111111111
103181095
DEVELOPMENT AGREEMENT
1.
2.
City of Meridian
Kevin Howell, Kelly and Brenda Fulfer, Jack Fulfer, and Randall
and Tanya Calkins, Owners
Kevin Howell Construction, Owner/Developer
3.
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this~ day of tlci"f?Óer ,2003, by and between CITY OF
MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY', and
KEVIN HOWELL, whose address is 4822 N, Rosepoint, Suite C, Boise, Idaho 83713,
Kelly and Brenda Fulfer, 2350 W. McMillan Road, Meridian, Idaho 83642, and Jack
Fulfer, whose address is 1942 W. McMillan Road, Meridian, Idaho 83642, and Randall
and Tanya Calkins, whose address is 2186 W. McMillan Road, Meridian, Idaho 83642,
hereinafter called "OWNERS", and KEVIN HOWELL CONSTRUCTION, whose
address is 4822 N. Rosepoint, Suite C, Boise, Idaho 83713, hereinafter called
"OWNERIDEVELOPER".
1.
RECITALS:
1.1
1.2
1.3
WHEREAS, "OWNERS" and "OWNERIDEVELOPER" are the
sole owners, in law and/or equity, of certain tract of land in the
County of Ada, State ofIdaho, described in Exhibit A for each
owner, which is attached hereto and by this reference incorporated
herein as if set forth in full, herein after referred to as the
"Property"; and
WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the "Owners" or "Owner/Developer" make a written
commitment concerning the use or development of the subject
"Property"; and
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the anoexation and/or re-zoning of
land; and
DEVELOPMENT AGREEMENT (AZ-O3-013)
PAGE 1 OF 34
1.8
1.9
1.9
1.4
WHEREAS, "Owners" and "Owner/Developer" have submitted
an application for anoexation and zoning of the "Property's"
described in Exhibit A, and has requested a designation of (R-8)
Medium Density Residential District, (L-O) Limited Office
District, and (C-G) General Retail And Service Commercial
District (Municipal Code of the City of Meridian); and
1.5
WHEREAS, "Owners" and "OwnerlDeveloper" made
representations at the public hearings both before the Meridian
Planoing & Zoning Commission and before the Meridian City
Council, as to how the subject "Property" will be developed and
what improvements will be made; and
1.6
WHEREAS, record of the proceedings for the requested
anoexation and zoning designation of the subject "Property" held
before the Planoing & Zoning Commission, and subsequently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planoing jurisdiction, and received further testimony and comment;
and
1.7
WHEREAS, City Council, the qf\1 day of AlA C}LLS-t ,
2003, has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which are
attached hereto and by this reference incorporated herein as if set
forth in full, hereinafter referred to as (the "Findings"); and
WHEREAS, the Findings require the "Owners" and
"OwnerlDeveloper" to enter into a development agreement before
the City Council takes final action on anoexation and zoning
designation; and
"OWNERS" and "OWNER/DEVELOPER" deem it to be in its
best interest to be able to enter into this Agreement and
acknowledges that this Agreement was entered into voluntarily and
at its urging and requests; and
WHEREAS, "City" requires the "Owners" and
"OwnerlDeveloper" to enter into a development agreement for the
purpose of ensuring that the "Property" is developed and the
DEVELOPMENT AGREEMENT (AZ-O3-013)
PAGE 2 OF 34
subsequent use of the "Property" is in accordance with the terms
andconditions ofthis development agreement, herein being
established as a result of evidence received by the "City" in the
proceedings for anoexation and zoning designation from
government subdivisions providing services within the planoing
jurisdiction and from affected property owners and to ensure
anoexation and zoning designation is in accordance with the
amended Comprehensive Plan ofthe City of Meridian adopted
August 6, 2003, Resolution No. 02.382, and the Zoning and
Development Ordinances codified in Meridian City Code Title 11
and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as
herein provided for, unless the clear context of the presentation ofthe same requires
otherwise:
3.2
3.3
3.1
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state ofIdaho, organized and existing by virtue
oflaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
"OWNERS": means and refers to Kevin Howell, whose address is
4822 N. Rosepoint, Suite C, Boise, Idaho 83713, and Kelly and
Brenda Fulfer, whose address is 2350 W. McMillan Road,
Meridian, Idaho 83642, and Jack Fulfer, whose address is 1942 W.
McMillan Road, Meridian, Idaho 83642, and Randall and Tanya
Calkink, whose address is 2186 W. McMillan Road, Meridian,
Idaho 83642, the parties developing said "Property" and shall
include any subsequent owner(s)/developer(s) of the "Property",
"OWNER/DEVELOPER": means and refers to Kevin Howell
Construction, whose address is 4822 N. Rosepoint, Suite C, Boise,
DEVELOPMENT AGREEMENT (AZ-O3.013)
PAGE 3 OF 34
Idaho 83713, the party developing said "Property" and shall
include any subsequent owner(s)/developer(s) of the "Property".
3.4
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be anoexed and
zoned R-8, L-O and C.G, attached hereto and by this reference
incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7.2 (D. G and K) which are herein specified as
follows:
Construction and development of a residential neighborhood
planned development with use exceptions for commercial and
office use, in proposed R-8, L-O and CoG zones.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification ofthis Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and
"OwnerlDeveloper" have submitted to "City" an application for conditional use permit,
and shall be required to obtain the "City's" approval thereof, in accordance to the City's
Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition
of, the commencement of construction of any buildings or improvements on the
"Property" that require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A
"Owners" and "OwnerlDeveloper" shall develop the "Property" in
accordance with the following special conditions:
A.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
1.
Remove any existing domestic wells and/or septic systems within this project
DEVELOPMENT AGREEMENT (AZ.O3-013)
PAGE 4 OF 34
7.
8.
from their domestic service per City Ordinance Section 5.7.517. Wellsmay
be used for non.domestic purposes such as landscape irrigation.
2.
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 need to be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confmnation of said approval submitted to the Public Works
Department.
3.
This development agreement shall include all conditions of the anoexation,
preliminary plat, and conditional use permit/planned development.
4.
This approval shall be referenced to the Preliminary Plat provided by the
applicant and stamped by the City of Meridian July 3, 2003.
5.
The L.O zone and CoG zone areas show conceptual layouts only and are
not being platted at this time within those zones.
6.
The applicant shall provided a letter from the developer(s) of Lochsa Falls
Subdivision stating that they are in agreement to shift the location ofW.
Apgar Creek Street as depicted on the proposed preliminary plat for Kelly
Creek Subdivision. The shift would formally occur upon final plat of that
portion of Lochsa Falls. If the applicant canoot obtain such a letter, the
preliminary plat must be redesigned to conform to the approved stub
location.
Water and sanitary sewer service to phase one will be readily available to the
north from phase 3 of Lochsa Falls Subdivision which is currently under
construction. Future phases of this development will be dependent upon a
sanitary sewer extension to the west through future phases of the Lochsa Falls
project. The applicant, at applicant's cost, may extend the sewer through
McMillan Road if Lochsa Falls' sewer line is not ready.
Modify the plat to accommodate the future right.of-way as required by
ACHD along McMillan and Linder Roads. All future right-of way shall be
located on a separate common lot. Add McMillan and Linder Road names to
the preliminary plat map.
DEVELOPMENT AGREEMENT (AZ.O3.013)
PAGE 5 OF 34
15.
16.
9.
In accordance with Ordinance 12-13-10-8, Applicant shall construct detached
sidewalks adj acent to McMillan Road and Linder Road, The minimum width
ofthe parkway area between the future curb and sidewalk is five (5) feet. In
any parkway areas less than ten feet wide, tree plantings within the parkways
will be restricted to either Class I or Class II trees.
10.
Street buffers along McMillan and Linder Roads shall include 25 feet of
landscaping and may be measured from the future back of curb, since
detached sidewalks are required. Ifthe right .of-way ends at the back of curb,
the width ofthe landscape buffer common lot shall be at least 30 feet wide to
provide a full 25 feet of landscaping exclusive of the sidewalk width.
11.
Fencing details shall be submitted with the Final Plat application for
perimeter fencing. All fences shall taper down to 3 feet maximum within 20
feet of all right.of.way. Micropath fencing shall be shown per Ordinance 12-
13-15-9. Fencing is also required by the developer along the east and west
sides of the central park for a consistent appearance from within the park.
12.
Revise preliminary plat note 3 to include rear lot lines to the list of lines
having 1O.foot wide easements for public utilities, drainage, and irrigation.
13.
A detailed landscaping plan and performance specifications for the common
area pressurized irrigation system shall be submitted with the final plat
application.
14.
The phasing schedule may apply to the residential portions of the subdivision
only. If the applicant/developer determines that the office/commercial
property can or should be developed in an order that is not consistent with the
phasing schedule, they may request final plat approval of said phases in a
non.sequential manoer without revising the preliminary plat. All
development; however, must be contiguous to a previously approved phase.
Submit a copy of the Ada County Street Name Committee's final approval
letter for the subdivision name, and the lot and block numbering. Make any
corrections necessary to conform.
Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
DEVELOPMENT AGREEMENT (AZ.O3.013)
PAGE 6 OF 34
21.
23.
17.
A letter of credit or cash surety in the amount of 1 10% will be required for
all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc"
prior to signature on the final plat.
18.
Two.hundred.fiftyand one.hundred-watt, high.pressure sodium streetlights
will 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.
19.
Underground pressurized irrigation must be provided to all landscape areas
on site. Applicant shall be required to utilize any existing surface or well
water for the primary source. Applicant has indicated that the pressurized
irrigation system within this development is to be owned and maintained by
the Settler's Irrigation District.
20.
Perimeter fencing shall be required, unless otherwise agreed upon in writing
by the Planoing Director. No fencing will be permitted within the required
landscape buffers. The Applicant shall address the type of fencing planoed at
the P&Z Commission public hearing. Submit detailed fencing plans for
review and approval with submittal of the Final Plat. All required fencing is
to be in place prior to issuance of building permits. A letter of credit or cash
will be required for these fences prior to signature on the final plat. Perimeter
fencing shall be installed prior to obtaining building permits.
A detailed landscape plan for the common areas, including pathways and
types of construction, shall be submitted for review and approval with the
submittal of the final plat applications. The plan must include sizes and
species of trees, shrubs, berminglswale details, and all proposed ground
cover/treatment. A letter of credit or cash surety in the amount of 110% will
be required for all fencing, landscaping, pressurized irrigation, sanitary sewer,
water, etc., prior to signature on the Final Plat.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12.4-13. The ditches to be piped
should be shown on the site plans. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
DEVELOPMENT AGREEMENT (AZ.O3-013)
PAGE 7 OF 34
29.
30.
31.
24.
Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance Sections
9.1-4 and 9.4.8. Wells may be used for non.domestic purposes such as
landscape irrigation.
25.
Any drainage areas (detention/retention basins) must be designed to ensure
that water is retained only during 100.year storm events, and for a period of
time not to exceed 24 hours. Side slopes within drainage areas shall not
exceed 3:1.
26.
Any tree over 4" in caliper that is removed from the property shall be
replaced by installing additional trees, being the equivalent number of caliper
inches of trees that were removed. Required landscaping trees will not be
considered as replacement trees for those trees that have to be removed.
27.
Submit updated groundwater/soils monitoring data to the Public Works
Department for review. The project engineer should pay close attention to
the results of field studies determining the groundwater, soil type & and
characteristics during the design and construction phases. The engineer shall
be required to certify that the street centerline elevations are set a minimum
oO.feet above the highest established normal groundwater elevation. This is
to ensure that the bottom elevation ofthe crawl spaces of homes is at least I.
foot above groundwater.
28.
Applicant shall meet all of the requirements of the anoexation and
preliminary plat as a condition of the Conditional Use Permit.
Applicant shall provide a road conoection via a private street from W. Apgar
Creek Street to the commercial area in the vicinity oflot 41, Block 10. N.
Dove Ridge Drive shall also be a private street. Both streets shall be
designed as a 29.foot street with 5-foot sidewalks on both sides, in a 42.foot
right.of-way. Construction standards shall meet ACHD standards per
Ordinance 12.6.2.A.8.
Lots 18, 19,20, and 21 of Block 10 shall be combined to become only Lot 19
of Block 10.
The modified development standards, including reduced lot size, reduced
frontages, and exceeding block length requirements, are approved as depicted
on the approved site plan.
DEVELOPMENT AGREEMENT (AZ.O3-013)
PAGE 8 OF 34
33.
34.
35.
36.
37.
B.
32.
The following amenities are required as part of the planoed development:
7.59 acres of open space, including a 3.4 acre central private park. The park
shall include a tot lot, gazebo, half-court basketball, and open play area. The
subdivision also includes a network of mid. block pedestrian micropaths. All
amenities shall be bonded for prior to signature on the final plat. The central
park and related amenities shall be constructed as part of Phase I, as depicted
on the site plan.
Lot 26, Block 12, shall be provided an easement to Summit Way and an
easement into the L-O zone.
The proposed office and commercial areas within the development shaH be
required to apply for a detailed Conditional Use Permit for a Planoed
Development prior to submitting for building permits.
The detailed planoed development approval of the office and commercial
areas shall include the foHowing as a condition of approval: A cross-access
and cross-parking agreement shall be recorded for the office and commercial
areas prior to issuance of a Certificate or Zoning Compliance in those areas.
All development shall comply with the Americans with Disabilities Act
and the Fair Housing Act.
Applicant shall submit 15 copies of a revised preliminary plat/site plan and
landscape plan in conformance with this report and the direction of the
Planoing & Zoning Commission at least 10 days prior to the next hearing on
this application.
Adopt the Recommendations of the Ada County Highway District as follows:
1.
These segments of Linder Road and McMillan Road are not listed in the adopted
Capital Improvements Plan; therefore, impact fees cannot be used to purchase the
right-of.way abutting the site. Right.of.way dedication is not required with this
application. If the applicant chooses to dedicate the right.of.way, ACHD will not
provide compensation. The applicant shall do one of the following:
i.
Dedicate by donation an additional5-feet of right. of. way along
McMillan Road (30-feet total from the current centerline) and an
additional 13-feet of right. of-way along Linder Road (38-feet total
from centerline), and construct a minimum 5-foot wide concrete
DEVELOPMENT AGREEMENT (AZ-O3.013)
PAGE 9 OF 34
iv.
2.
sidewalk along McMillan Road and Linder Road. The sidewalk on
McMillan Road shall be located a minimum of35.feet from the
centerline of the existing roadway. The sidewalk on Linder Road
should be located a minimum of 41.feet from the centerline ofthe
right-of-way. Coordinate the location and elevation of the sidewalk
with District staff. Provide the District with an easement for any
portion ofthe sidewalk(s) that are not located within the right.of.way.
ii.
Dedicate by donation an additional15.feet of right. of. way along
McMillan Road (40-feet total from the current centerline) and an
additional 23.feet of right-of-way along Linder Road (48-feet total
from centerline), and construct a minimum 5.foot wide concrete
sidewalk along McMillan Road and Linder Road, located within the
new right-of.way. The sidewalk on McMillan Road should be located
a minimum of 35-feet from the centerline of the existing roadway. The
sidewalk on Linder Road should be located a minimum of 41. feet from
the centerline of the right.of-way. Provide the District with an
easement for any portion of the sidewalk(s) that are not located within
the right-of-way. Coordinate the location and elevation ofthe sidewalk
with District staff.
iii.
Do not dedicate additional right-of-way, but construct a minimum 5.
foot wide concrete sidewalk along McMillan Road and Linder Road in
their ultimate locations. The sidewalk on McMillan Road should be
located a minimum of 35.feet from the centerline ofthe existing
roadway. The sidewalk on Linder Road should be located a minimum
of 41.feet from the centerline ofthe right.of.way. Provide the District
with an easement for any portion of the sidewalk(s) that are not located
within the right-of-way.
Do not dedicate additional right.of-way, but construct a minimum 5.
foot wide concrete sidewalk along McMillan Road and Linder Road,
located at the back edge of the existing right.of.way (iffeasible).
Accomplish all necessary adjustments to properly accommodate
existing drainage and utilities. Coordinate the location and elevation of
the sidewalk with District staff.
Construct a separate westbound right.turn lane on McMillan Road at the Shadow
Creek Way (now Wild Flower Drive) approach. The applicant may choose to
install the auxiliary turn lane either when the phase abutting the subject auxiliary
DEVELOPMENT AGREEMENT (AZ.03.013)
PAGE 10 OF 34
6.
lane is being built, or when the warrant is met. If the later option is chosen, the
necessary right.of-way needed to construct the subject auxiliary lane shall be
dedicated with the abutting final plat phase and constructed when the warrant is
met. The necessity for auxiliary lane construction (warrants) will be evaluated as
each phase (final plat) is submitted. Coordinate the final design of the turn lane
with District staff.
3.
Construct a separate southbound right-turn lane on Linder Road at the Apgar
Creek Street intersection. The applicant may choose to install the auxiliary turn
lane either when the phase abutting the subject auxiliary lane is being built, or
when the warrant is met. If the later option is chosen, the necessary right.of-way
needed to construct the subject auxiliary lane shall be dedicated with the abutting
final plat phase and constructed when the warrant is met. The necessity for
auxiliary lane construction (warrants) will be evaluated as each phase (final plat)
is submitted. Coordinate the final design of the turn lane with District staff.
4.
Construct a separate northbound left.turn lane on Linder Road at Apgar Creek
Street. The applicant may choose to install the auxiliary turn lane either when the
phase abutting the subject auxiliary lane is being built, or when the warrant is met.
If the later option is chosen, the necessary right-of-way needed to construct the
subject auxiliary lane shall be dedicated with the abutting final plat phase and
constructed when the warrant is met. The necessity for auxiliary lane construction
(warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the
final design of the turn lane with District staff.
5.
Construct a taper off of Linder Road for southbound right turns at the Deer Crest
Way approach. The applicant may choose to install the auxiliary turn lane either
when the phase abutting the subject auxiliary lane is being built, or when the
warrant is met. If the later option is chosen, the necessary right-of-way needed to
construct the subject auxiliary lane shall be dedicated with the abutting final plat
phase and constructed when the warrant is met. The necessity for auxiliary lane
construction (warrants) will be evaluated as each phase (final plat) is submitted.
Coordinate the final design of the taper with District staff.
Construct Wild Flower Drive to intersect McMillan Road approximately 1,450.
feet west of Linder Road, as proposed. The street shall be constructed with a 36.
foot street section within 50.feet of right-of-way with curb, gutter and 5.foot wide
concrete sidewalks.
DEVELOPMENT AGREEMENT (AZ.03.013)
PAGE 11 OF 34
12.
13.
7.
Construct Apgar Creek Street to intersect Linder Road approximately 530.feet
north of McMillan Road, as proposed. The street shall be constructed with a 36.
foot street section within 50.feet of right-of-way with curb, gutter and 5.foot wide
concrete sidewalks.
8.
Construct Deer Crest Way to intersect Linder Road approximately 430.feet north
of Apgar Creek Street and approximately 390.feet south of the approved Wild
Goose Drive to the north, as proposed. The street shall be constructed with a 36.
foot street section within 50-feet of right.of-way with curb, gutter and 5-foot wide
concrete sidewalks.
9.
Construct a commercial driveway on Linder Road located a minimum of255.feet
south of Apgar Creek Street and no closer than 150.feet from McMillan Road (for
right.in/right-out only). Pave the driveway its full width (maximum 35.feet) and
at least 30-feet into the site beyond the edge of pavement of the adjacent roadway
edge and install pavement tapers with 15-foot radii abutting the existing roadway
edge.
10.
Construct a commercial driveway on McMillan Road located approximately 250-
feet west of Linder Road, as proposed. Pave the driveway its full width (maximum
35-feet) and at least 30.feet into the site beyond the edge of pavement of the
adjacent roadway edge and install pavement tapers with 15.foot radii abutting the
existing roadway edge. This driveway may be restricted to right.in/right.out
movements in the future.
11.
Construct a commercial driveway on McMillan Road located approximately 235.
feet west of the fIrst commercial driveway on McMillan Road and approximately
500-feet west of Linder Road, as proposed. Pave the driveway its full width
(maximum 35.feet) and at least 30.feet into the site beyond the edge ofpavement
of the adjacent roadway edge and install pavement tapers with 15.foot radii
abutting the existing roadway edge.
Provide the District with a copy of a recorded cross-access agreement for Lots 45,
46,47 and 48, Block 10, to use the three commercial driveways listed in
Conditions 9, 10 and 11 above, for access to the public street system.
Construct a commercial driveway to serve the proposed L.O zoned lots, located in
alignment (measured centerline to centerline) or offset from the approved Palatine
Way on the south side of McMillan Road a minimum of 255-feet (measured near
edge of driveway to near edge of roadway). Provide the District with a copy of a
DEVELOPMENT AGREEMENT (AZ.03.013)
PAGE 12 OF 34
18.
recorded cross.access agreement for Lots 34 to 44, Block 12, to use the driveway
for access to the public street system.
14.
Utilize the existing driveway to the single-family home on Lot 26, Block 12. Pave
the driveway to its full width (maximum 20-feet) and at least 30-feet into the site
beyond the edge of pavement of McMillan Road and install pavement tapers with
IS-foot radii abutting the roadway edge. Said driveway may be utilized until the
existing home located on the lot is torn down or converted to another use. At the
time of re-development, access to Lot 26, Block 12, from McMillan Road may be
prohibited by ACHD. The applicant shall provide an access easement or frontage
to Lot 26, Block 12, from Summit Way or the L-O zoned lots to the west.
IS.
Unless otherwise approved by District staff, the applicant shall construct Bal1inger
Avenue, Chimney Peak Avenue, Cody Creek Way, Summit Way, Green
Mountain Drive, Bird Wing Court, Dove Ridge Drive, Stone Pond Drive, Sage
Springs Drive, Kelly Creek Avenue and Wapoot Avenue as 36-foot street sections
with curb, gutter and 5-foot wide concrete sidewalks, all within SO.feet of right.
of . way.
16.
Construct District approved turnarounds for Bird Wing Court, Summit Way and
Dove Ridge Drive (if Dove Ridge Drive is constructed as a public roadway and
not a private roadway).
17.
Pave the private driveway/street off of Chimney Peak Avenue, between Lots 17
and 22, Block 10, its full width and at least 30-feet into the site beyond the edge of
pavement of the abutting roadway. ACHD does not make any assurances that the
private road that is a part ofthis application will be accepted as a public road if
such a request is made in the future. Substantial redesign and reconstruction costs
may be necessary in order to qualify this road for public ownership and
maintenance. The following requirements must be met if the applicant wishes to
dedicate the roadway to ACHD:
1. Dedicate a minimum of SO-feet of right.of-way for the road.
ii. Construct the roadway to the minimum ACHD requirements.
Extend Wapoot Avenue from the west property line located approximately 12S.
feet south of the north property line, as proposed.
DEVELOPMENT AGREEMENT (AZ.03-013)
PAGE 13 OF 34
2.
3.
4.
5.
19.
Extend Apgar Creek Street from the west property line located approximately
690-feet south ofWapoot Avenue (measured centerline to centerline), as
proposed.
20.
Extend Ballinger Avenue from the north property line located approximately 625-
feet east of the west property line, as proposed.
21.
Extend Chirnoey Peak Avenue from the north property line located approximately
1,090.feet east of Ballinger Avenue (measured centerline to centerline), as
proposed.
22.
Other than the access points specifically approved with this application, direct lot
or parcel access to McMillan Road and Linder Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final plates).
23.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1.
Any existing irrigation facilities shall be relocated outside of the right.of.way.
All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387.6280 (with file number) for details.
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.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
DEVELOPMENT AGREEMENT (AZ-03-013)
PAGE 14 OF 34
c.
1.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8.
Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance # 197, also known as Ada County Highway District
Road Impact Fee Ordinance.
9.
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call DIGLINE
(I -800-342- I 585) at least two full business days prior to breaking ground within
ACHD right-of.way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative ofthe Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
10.
11.
Any change by the applicant in the planoed use of the property which is the
subject ofthis application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planoed use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the tiroe the change in use is sought.
Adopt the Meridian Fire Department Recommendations as follows:
One and two family dwellings will require afire-flow ofl,OOO gallons per minute available
for duration of 2 hours to service the entire project. Fire hydrants shall be placed an
average of 400' apart. 1997 UFC Appendix ill-A
DEVELOPMENT AGREEMENT (AZ.03.013)
PAGE 15 OF 34
E.
2.
Commercial and office occupancies will require a fire-flow consistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of
400' apart. 1997 UFC Appendix ill.A
3.
Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
4.
Final Approval of the fire hydrant locations shall be by the Meridian Fire Department
tbru the Public Works Department.
5.
All roads shall have a turning radius of28' inside and 48' outside.
6.
Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
7.
The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a tum around.
8.
A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes. UFC 902.2.1
9.
The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and
efficient response by fire and emergency medical service vehicles. This cost of this
installation is to be borne by the developer
D.
Adopt the Recommendation of Settlers Irrigation District as follows:
I.
All irrigation/drainage facilities along with their easements must be
protected and continue to function.
2.
All storm drainage must be retained on-site.
3.
The development must supply irrigation access to all lots within the
above.named subdivision. If the developer wishes to have Settlers
Irrigation District own, operate, and maintain the pressure irrigation
system an agreement needs to be in place prior to the pre.construction
meeting.
Adopt the Recommendations of the Central District Health Department as
DEVELOPMENT AGREEMENT (AZ.03-013)
PAGE 160F34
follows:
1.
This proposal can be approved for central sewage & central water after
written approval from appropriate entities is submitted.
2.
The Applicant's central sewage and central water plans must be submitted
to and approved by the Idaho Department of Health & Welfare, Division
of Environmental Quality.
3.
Run.off is not to create a mosquito breeding problem.
4.
Stormwater shall be pretreated through a grassy swale prior to discharge to
the subsurface to prevent impact to groundwater and surface water quality.
5.
The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
F. Adopt the action of the City Council taken at their August 5, 2003 meeting as
follows:
2.
3.
4.
For clarification: '
1.
The applicant is providing about four and a half acres for a park in the center
of the residential project, including a tot lot, basketball court and an open play
field, along with landscaping.
The applicant is providing an interconoected system of pathways to help split
long blocks, and to help promote and enhance pedestrian access to the public
road network.
The applicant is providing almost ten percent of open space, as well as the
interconoecting system of pathways.
The applicant provided a sketch, dated 7.15.03 by J.U.B Engineers, Inc.,
showing how the streets align between Lochsa Falls and Kelly Creek at
Apgar Creek Street. A proposed street modification to allow the centerline of
Apgar Creek to align with the centerline of the 30 foot wide private driveway
to the west ofthe main entry street, has been drawn by hand on the sketch.
DEVELOPMENT AGREEMENT (AZ-03.013)
PAGE 170F34
8.
9.
The deflection angle is less than the 20 degrees allowed by ACHD and shall
meet the District's intersection requirements.
5.
The applicant provided a conceptual layout showing how the maximum
project would layout. The present conceptual plat allows for 214 single
family dwelling lots and said conceptual layout is approved as submitted to
the Council at their August 5, 2003 meeting, with the understanding the
applicant shall be required to provide a detailed plat for approval.
6.
The applicant also stated at the August 5, 2003 hearing that they are sharing
an irrigation system with Lochsa Falls, which presently Lochsa Falls is
building the pump station that will serve both developments. The system is
requiring a 16 inch water line.
7.
The applicant shall be required to work with the school district on the
driveways needed for the district, and said driveways shall be shown on the
approved plat.
The applicant shall provided an L-type turnaround for fire or emergency
vehicles to turn around, but the L.type turnaround shall have to meet the
approval of the Meridian Fire Department.
The applicant is providing 214 single family building lots and 15 other lots
on the 79.77 acres in size, including right.of.way.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default ofthe "Owners" and "OwnerlDeveloper" or "Owners" and
"OwnerlDeveloper's" heirs, successors, assigns, to comply with Section 6 entitled
"Conditions Governing Development" of subject "Property" ofthis agreement within two
years ofthe 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:
DEVELOPMENT AGREEMENT (AZ-03.013)
PAGE 18 OF 34
"Owners" and "OwnerlDeveloper" consent upon default to the de.
anoexation and/or a reversal of the zoning designation of the "Property" subject to and
conditioned upon the following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply
with this Agreement to "Owners" and "Owner/Developer" and if
the "Owners" and "OwnerlDeveloper" fails to cure such failure
within six (6) months of such notice.
9. INSPECTION: "Owners" and "OwnerlDeveloper" shall, immediately
upon completion of any portion or the entirety of said development ofthe "Property" as
required by this agreement or by City ordinance or policy, notify the City Engineer and
request the City Engineer's inspections and written approval of such completed
improvements or portion thereof in accordance with the terms and conditions of this
Development Agreement and all other ordinances of the "City" that apply to said
Development.
10.
DEFAULT:
10.1
10.2
In the event "Owners" and "OwnerlDeveloper", "Owners" and
"OwnerlDeveloper's" heirs, successors; assigns, or subsequent
owners ofthe "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 conoection with the
"Property", this Agreement may be modified or terminated by the
"City" upon compliance with the requirements of the Zoning
Ordinance.
A waiver by "City" of any default by "Owners" and
"Owner/Developer" of anyone or more of the covenants or
conditions hereof shall apply solely to the breach and breaches
waived and shall not bar any other rights or remedies of "City" or
apply to any subsequent breach of any such or other covenants and
conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum ofthis Agreement or this Agreement, including all ofthe Exhibits, at
"Owners" and "Owner/Developer's" cost, and submit proof of such recording to
"Owners" and "OwnerlDeveloper", prior to the third reading ofthe Meridian Zoning
Ordinance in conoection with the anoexation and zoning of the "Property" by the City
DEVELOPMENT AGREEMENT (AZ.O3-013)
PAGE 19 OF 34
Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in conoection with the anoexation and zoning of the "Property" contemplated
hereby, the "City" shall execute and record an appropriate instrument of release of this
Agreement.
12. ZONING: "City" shaH, foHowing recordation ofthe duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owners" and "OwnerlDeveloper", or by any
successor or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific performance
of the covenants, agreements, conditions, and obligations contained herein.
13.2
13.1
In the event of a material breach of this Agreement, the parties
agree that "City" and "Owners" and "OwnerlDeveloper" 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 canoot with diligence be cured within such thirty
(30) day period, if the defaulting party shaH commence to cure the
same within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity, then
the time aHowed to cure such failure may be extended for such
period as may be necessary to complete the curing of the same with
diligence and continuity.
In the event the performance of any covenant to be performed
hereunder by either "Owner" and "Owner/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 shaH 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
aHowed under Meridian City Code § 12.S.3, to insure that installation of the
DEVELOPMENT AGREEMENT (AZ-03.013)
PAGE 20 OF 34
improvements, which the "Owners" and "Owner/Developer" agrees to provide, if
required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owners" and
"OwnerlDeveloper" agree that no Certificates of Occupancy will be issued until all
improvements are completed, unless the "City" and "Owners" and "Owner/Developer"
have entered into an addendum agreement stating when the improvements will be
completed in a phased developed; and in any event, no Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed, completed, and
accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and
"OwnerlDeveloper" agrees to abide by all ordinances of the City of Meridian and the
"Property" shall be subject to de.anoexation 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 ofthe City of
Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY:
OWNERS:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Kevin Howell
4822 N. Rosepoint, Suite C
Boise, Idaho 83713
Kelly and Brenda Fulfer
2350 W. McMillan Road
Meridian, Idaho 83642
Jack Fulfer, by: Kelly Fulfer,
Attorney.in-Fact for Jack Fulfer
1942 W. McMillan Road
Meridian, Idaho 83642
Randall and Tanya Calkins,
by: Kelly Fulfer, Attorney.in.Fact for
DEVELOPMENT AGREEMENT (AZ.03.013)
PAGE 21 OF 34
Randall and Tanya Calkins
2186 W. McMillan Road
Meridian, Idaho 83642
with copy to:
OWNERIDEVELOPER:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Kevin Howell Construction
4822 N. Rosepoint, Suite C
Boise, Idaho 83713
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 ofthis section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable attorney's
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the parties' respective heirs, successors, assigns and
personal representatives, including "City's" corporate authorities and their successors in
office. This Agreement shall be binding on the "Owners" and "Owner/Developer" ofthe
"Property", each subsequent owner and any other person acquiring an interest in the
"Property". Nothing herein shall in any way prevent sale or alienation of the "Property",
or portions thereof, except that any sale or alienation shall be subject to the provisions
hereof and any successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written request of
"Owners" and "OwnerlDeveloper", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion, had
DEVELOPMENT AGREEMENT (AZ.03-013)
PAGE 22 OF 34
determined that "Owners" and "OwnerlDeveloper" has fully performed its obligations
under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owners" and
"OwnerlDeveloper" and "City" relative to the subject matter hereof, and there are no
promises, agreements, conditions or understanding, either oral or written, express or
implied, between "Owners" and "Owner/Developer" and "City", other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the parties hereto unless
reduced to writing and signed by them or their successors in interest or their assigns, and
pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City".
22.1
No condition governing the uses and/or conditions governing development
ofthe subject "Property" herein provided for can be modified or amended
without the approval of the City Council after the "City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time ofthe proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in conoection with the anoexation and zoning of the
"Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ.03-0l3)
PAGE 23 OF 34
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNER/KEVIN HOWELL:
BY2( , /}.£U(~ /
K vm Howell
OWNER/FULFER:
BY'~~
Kelly Ifer
BY~~
Brenda Fulfer \ \.
OWNER/FULFER:
.,JJ ~
DEVELOPMENT AGREEMENT (AZ.03-013)
PAGE 24 OF 34
OWNER/CALKINS:
RIÞ~I Ca/.,t,,¡<..f
BY: ~~
Randall C 'ns, by. elly Fulfer, Attorney.in.
Fact for Randall Calkins
k~~,t>M"
BY:
Tan~1kins, y: Kelly Fulfer, Attorney.in-
Fact for Tanya Calkins
OWNERIDEVELOPER/ ~¡Þ( ¡/owBj ( dil.
KEVIN HOWELL CONSTRUCTION: 71"'"
Attest:
B/) {~- ~ ;;AAM
\
DEVELOPMENT AGREEMENT (AZ-03.013)
PAGE 25 OF 34
CITY OF MERIDIAN
B~
Attest:
STATE OF IDAHO)
: ss:
COUNTY OF ADA )
On this ~ dayof t:Jëfi?--- , in the year 2003, before
me, the undersigned a No PublIc, personally appeared Kevin Howell, a mamed man
dealing with his sole and separate property, known or identified to me to be the person who
executed the instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificat Irst a e written.
(SEAL)
DEVELOPMENT AGREEMENT (AZ.03.013)
PAGE 26 OF 34
STATE OF IDAHO)
: ss:
COUNTY OF ADA )
On this I ~ day of e¿«-- ' in the year 2003,
before me, the undersigned a otary PublIc, pe nally appeared Kelly and Brenda Fulfer,
husband and wife, known or identified to me to be the persons who executed the
instrument and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
\œ ~ . ãh
(SEAL) "" ;f(.IC No. . Id 0
(~~... R Sl gat:
~\\O C ission expires: -
STATE OF IDAHO)
: ss:
COUNTY OF ADA )
On this /fr7 day Of~, in the year 2003,
before me, the undersigned a Notary Public, personally appeared Jack Fulfer, by: Kelly
Fulfer, Attorney-in-Fact for Jack Fulfer, known or identified to me to be the person who
executed the instrument and acknowledged to me that he executed the same as Attorney.
in.Fact for Jack Fulfer.
(SEAL)
DEVELOPMENT AGREEMENT (AZ-03.013)
PAGE 27 OF 34
STATE OF IDAHO)
: ss:
COUNTY OF ADA )
On this /~ day of ð J , in the year 2003,
before me, the undersigned a Notary Public, personally appeared Randall Calkins, by:
Kelly Fulfer, Attorney-in.Fact for Randall Calkins, known or identified to me to be the
person who executed the instrument and acknowledged to me that he executed the same
as Attorney.in-Fact for Randall Calkins.
STATE OF IDAHO)
: ss:
COUNTY OF ADA )
On this J fA day of (J cJ-- , in the year 2003,
before me, the undersi~public, personally appeared Tanya Calkins, by:
Kelly Fulfer, Attorney.in-Fact for Tanya Calkins, known or identified to me to be the
person who executed the instrument and acknowledged to me that he executed the same
as Attorney.in-Fact for Tanya Calkins.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
(SEAL)
r
On this /þ
re me, thè under'
.7;-
known or identified 0 me to be the dÞ6-- and
- gf KEVIN HOWELL CONSTRUCTION, and the
person. who executed the instrument and aclmowledged to me that ~g executed the
same on behalf of sai~VIN HOWELL CONSTRUCTION.
~M" ~'4f!U' .L.b,¿
IN WITNESS WHEREOF!i have hereunto set my hand and affixed my
official seal the day and year in this certificate fi bove written.
STATE OF IDAHO)
:ss
COUNTY OF ADA )
t) if , in the year
Notary Public, personally appeared
On this '2..2.. rJ day of é){'+o~ , in the year 2003,
before me, a Notary Public, personally appeared Ro¡"eFt D. ~m€ ~d William G. Berg,
know or identified to me to be t~= and Clerk~fiv~rtIí.e City of Meridian,
who executed the instrument or ffi(fße¥to'il ftí&f~uted the instrument of behalf of said
City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
..."...
... O_NÆ*;.
.~ÓT~;:,~. 3hM 'Yi hrv4--f-L-,
. , I .
: r :: Notary Public for Idaho
~ \, ;.: Residing at: Ad.cc Wwnl~ ' Jd alw
... ~f.'fom.~ç,~~o... Commission expires: Lf - z 11 -'1:\-;;;:- -
...11j¡ÕF1P~.
DEVELOPMENT AGREE~W(AZ.03.013)
PAGE 29 OF 34
(SEAL)
EXHIBIT A
Lel!a1 Description Of Property
FULFER PARCEL DESCRIPTION
The South Yz of the Southeast Y. of Section 26, Township 4 North, Range 1 West,
Boise Meridian, Ada County, Idaho, and more particularly described as follows:
COMMENCING at a found S/8" iron pin (no cap), marking the Southeast corner
of Section 26, the POINT OF BEGINNING;
thence along the Southerly boundary of Section 26, North 89°28'38" West,
2,62S.S3 feet to a found S/8" iron pin with plastic cap stamped "HUBBLE PLS 4998",
marking the South Y. corner of said section;
thence along the Westerly boundary of the Southeast y. of Section 26, North
00°37'07" East, 1,330.30 feet to a found S/8" iron pin (no cap), marking the Center.South
¡¡16th corner of said section;
thence along the Northerly boundary of the South Yz of the Southeast y. of Section
26, South 89°]3'39" East, 2,620.84 feet to a found 5/8" iron pin with plastic cap stamped
"HUBBLE PLS 4998", marking the South ¡¡16th corner of said section;
thence along the Easterly boundary of Section 26, South 00°24' S4" West,
I ,318.88 feet to the POINT OF BEGINNING.
Said parcel contains 79.77 acres (3,474,619.61 square feet), more or less.
FULFER DEVELOPMENT - R-B ZONING PARCEL DESCRIPTION
DEVELOPMENT AGREEMENT (AZ-03-013)
PAGE 30 OF 34
That portion of the South Yz of the Southeast Yo of Section 26, Township 4 North,
Range I West, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
COMMENCING at a found 5/8" iron pin marking the Southeast corner of Section
26, from which a found 5/8" iron pin marking the South Yo corner of said Section bears
North 89°28'38" West, 2,625.53 feet; thence along the Southerly boundary of Section 26,
North 89°28'38" West, 600.70 feet to the POINT OF BEGINNING;
thence continuing along said boundary, North 89°28'38" West, 1,324.45 feet;
thence leaving said boundary North 00°34'05" East, 424.65 feet;
thence South 80°37'07" West, 436.64 feet;
thence North 89°22'53" West, 270.00 feet to the Westerly boundary of the South
Yz of the Southeast Yo of Section 26;
thence along said boundary, North 00°37'07" East, 980.30 feet to the Northwest
corner thereof;
thence South 89°13'39" East, 2,620.84 feet to the Northeast comer ofthe South y,
of the Southeast Yo of Section 26;
thence along the Easterly boundary of said Section, South 00°24'54" West,
897.75 feet;
thence leaving said boundary, North 89°35'06" West, 600.70 feet;
thence South 00°24'54" West, 420.00 feet to the POINT OF BEGINNING.
Said parcel contains 67.976 acres (2,961,013 square feet), more or less.
DEVELOPMENT AGREEMENT (AZ.O3.013)
PAGE 31 OF 34
FULFER DEVELOPMENT - CoG ZONING PARCEL DESCRIPTION
That portion of the South Y, of the Southeast Y. of Section 26, Township 4 North,
Range I West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at a found 5/8" iron pin marking the Southeast corner of Section 26,
the POINT OF BEGINNING, from which a found 5/8" iron pin marking the South Y. comer
of said Section bears North 89°28'38" West, 2,625.53 feet;
thence along the Southerly boundary of Section 26, North 89°28'38" West, 600.70
feet;
thence North 00°24'54" East, 420.00 feet;
thence South 89°35'06" East, 600.70 feet to the Easterly boundary of the South Y, of
the Southeast Y. of Section 26;
thence along said boundary, South 00°24'54" West, 421.13 feet to the POINT OF
BEGINNING.
Said parcel contains 5.800 acres (252,633 square feet), more or less.
FULFER DEVELOPMENT - L-O ZONING PARCEL DESCRIPTION
That portion of the South Y, of the Southeast Y. of Section 26, Township 4 North,
Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
DEVELOPMENT AGREEMENT (AZ.03.013)
PAGE 32 OF 34
COMMENCING at a found 5/8" iron pin marking the Southeast corner of Section
26; thence North 89°28'38" West, 2,625.53 feet to the South Y. comer of Section 26, the
POINT OF BEGINNING;
thence along the Westerly boundary of the Southeast y. of Section 26, North
00°37'07" East, 350.00 feet;
thence leaving said boundary, South 89°22'53" East, 270.00 feet;
thence North 80°37'07" East 436.64 feet;
thence South 00°34'05" West, 424.65 feet to the Southerly boundary of the
Southeast Y. of Section 26;
thence along said boundary, North 89°28'38" West, 700.38 feet to the POINT OF
BEGINNING.
Said parcel contains 5.991 acres (260,974 square feet), more or less.
DEVELOPMENT AGREEMENT (AZ.03"() 13)
PAGE 33 OF 34
EXHIBIT B
Findine:s of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ.O3,O13)
PAGE 34 OF 34
BEFORE THE MERIDIAN CITY COUNCIL
C/C 08.0S-O3
KEVIN HOWELL
CONSTRUCTION,
APPLICANT
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION)
AND ZONING OF 79.77 ACRES IN )
SIZE, INCLUDING RIGHT-OF- )
WAY, FOR PROPOSED KELLY)
CREEK SUBDIVISION, LOCATED)
AT THE NORTHWEST CORNER)
OF NORTH LINDER ROAD AND )
WEST McMILLAN ROAD, )
MERIDIAN, IDAHO )
)
)
)
Case No. AZ-O3-013
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled aonexation and zoning application having come on for public hearing
on August 5, 2003, at the hour of7:00 p.m., and Anna Powell Plaoning Director for the Plaoning
and Zoning Department, Darin Fluke, Tony Moss, and Daniel Gibson, appeared and testified, and
the City Council having duly considered the evidence and the record in this matter therefore
makes the following Findings of Fact and Conclusions of Law, and Decision atld Order:
FINDINGS OF FACT
1.
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-651 1, and Meridian City Code §§ 11-15-5 and 11-16-1.
2.
The City Council takes judicial notice of its zoning, subdivision and development
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION
(AZ-03-013)
PAGE 1 OF27
-.~-
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02.382, and maps and the ordinance Establishing the hnpact Area Boundary.
3.
The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 79.77 acres in size, including right-of.
way, and is located at the northwest corner of North Linder Road and West McMillan Road,
Meridian, Idaho, all within the Area of hnpact of the City of Meridian and the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
4.
The parcel ofland is contiguous to the existing city limits of the City of Meridian.
5.
The owners of record of the subject property are Kevin Howell- 4822 N.
Rosepoint, Suite C, Boise, Idaho, Kelly and Brenda Fulfer, husband and wife, 2350 W. McMillan
Road, Meridian, Idaho, Jack Fulfer with Durable Special Power of Attorney from Jack Fulfer to
Kelly Fulfer- 1942 W. McMillan Road, Meridian, Idaho, and Randall and Tanya Calkins with
Durable Special Power of Attorney ITom Randall Calkins and Tanya Calkins, husband and wife,
to Kelly Fulfer - 2186 W. McMillan Road, Meridian, Idaho. The applicant is Kevin Howell
Construction.
6.
The property is presently zoned RUT (Ada County) and consists of agricultural
land and rural residences.
7.
The Applicant requests the property be zoned as R-8 (Medium Density
Residential), CoG (General Retail And Service Commercial), and L-O (Limited Office).
8.
The subject property is bordered to the north by Lochsa Falls Subdivision, zoned
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING KELLY CREEK SUBDMS10N
(AZ-O3-D13) .
PAGE2 OF27
R-4, to the south by Bridgetower Subdivision, zoned R-4, to the east by the recently approved
Paramount Subdivision, zoned CoG, and to the west by Lochsa Falls Subdivision, zoned R.4.
9.
The Applicant proposes to develop the subject property in the following manner:
A residential neighborhood planned development with use exceptions for commercial and office
uses.
10.
The Applicant requests zoning of the subject real property as R.8, CoG, and L.O,
whiCh is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which
designates the subject property as Mediwn Density Residential.
II.
There are no significant or scenic features of major importance that affect the
consideration of this application.
]2.
Giving due consideration to the comments received trom the
governmental subdivisions providing services in the City of Meridian planning jUlisdiction,
public facilities and services required by the proposed development wi1l not impose expense
upon the public if the following conditions of development are imposed:
A.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
I. Remove any existing domestic wells and/or septic systems within this project
trom their domestic service per City Ordinance Section 5.7.517. Wells may be
used for non-domestic purposes such as landscape irrigation.
All irrigation ditches, laterals or canals, exclusive of natura] waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled
per City Ordinance ]2-4-13. Plans shall need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with written confirmation
of said approval submitted to the Public Works Department.
A Development Agreement shall be required as part of this annexation request.
The development agreement shall include all condÜions of the annexation,
preliminary plat, and conditional use permit/planned development.
2.
3.
FINDJNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING KELty CREEK SUBDIVISION
(AZ-O3-013)
PAGE3 OF27
---
B.
Adopt the Recommendations of the Ada County Highway District as follows:
1.
These segments of Linder Road and McMillan Road are not listed in the adopted Capital
Improvements Plan; therefore, impact fees cannot be used to purchase the right-of-way
abutting the site. Right-of.way dedication is not required with this application. If the
applicant chooses to dedicate the right-of-way, ACHD will not provide compensation.
The applicant shall do one of the following:
i.
Dedicate by donation an additional5-feet of right-of.way along McMillan
Road (30.feet total ITom the current centerline) and an additional13.feet of
right-of-way along Linder Road (38-feet total from centerJine), and construct a
minimum 5-foot wide concrete sidewalk along McMillan Road and Linder
Road. The sidewalk on McMillan Road shall be located a minimum of 35-feet
from the centerline of the existing roadway. The sidewalk on Linder Road
should be located a nùnimum of 41-feet from the centerline of the right-of-
way. Coordinate the location and elevation of the sidewalk with District staff.
Provide the District with an easement for any portion of the sidewalk(s) that
are not located within the right-of.way.
ü.
Dedicate by donation an additional 15-feet of right-of.way along McMillan
Road (40-feet total from the current centerline) and an additional 23-feet of
right-of-way along Linder Road (48-feet total from centerline), and construct a
nùnimum 5-foot wide concrete sidewalk along McMillan Road and Linder
Road, located within the new right-of-way. The sidewalk on McMillan Road
should be located a minimum of35-feet 1Ì'om the centerline of the existing
roadway. The sidewalk on Linder Road should be located a minimum of 41-
feet ITom the centerline of the right-of-way. Provide the District with an
easement for any portion of the sidewalk(s) that are not located within the
right.of-way. Coordinate the location and elevation of the sidewalk with
District staff.
iii.
Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along McMillan Road and Linder Road in their ultimate
locations. The sidewalk on McMillan Road should be located a minimum of
35.feet ITom the centerline of the existing roadway. The sidewalk on Linder
Road should be located a minimum of41-feet from the centerline of the right-
of-way. Provide the District with an easement for any portion of !be
sidewalk(s) that are not located within the right.of-way.
iv.
Do not dedicate additional right-of-way, but construct a minimum 5.foot wide
concrete sidewalk along McMí1Ian Road and Linder Road, located at the back
edge of the existing right-of-way (iffeasible). Accomplish all necessary
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING KELLY CREEK SUBDMSION
(AZ.O3-013)
PAGE 4 OF 27
6.
adjustments to properly acccmmodate existing drainage and utilities.
Coordinate the location and elevation of the sidewalk with District staff
2.
Construct a separate westbound right-turn lane on McMillan Road at the Shadow Creek
Way (now Wild Flower Drive) approach. The applicant may choose to install the
auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built,
or when the warrant is met. If the later option is chosen, the necessary right-of.way
needed to construct the subject auxiliary lane shall be dedicated with the abutting final
plat phase and constructed when the warrant is met. The necessity for auxiliary lane
construction (warrants) will be evaluated as each phase (final plat) is submitted.
Coordinate the final design of the turn lane with District staff.
3.
Construct a separate southbound right-turn lane on Linder Road at the Apgar Creek Street
intersection. The applicant may choose to install the auxiliary turn lane either when the
phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the
later option is chosen, the necessary right.of-way needed to construct the subject auxiliary
lane shall be dedicated with the abutting final plat phase and constructed when the
warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated
as each phase (final plat) is submitted. Coordinate the final design of the turn lane with
District staff.
4.
Construct a separate northbound left-turn lane on Linder Road at Apgar Creek Street. The
applicant may choose to install the auxiliary tum lane either when the phase abutting the
subject auxiliary lane is being built, or when the warrant is met. If the later option is
chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be
dedicated with the abutting final plat phase and constructed when the warrant is met. The
necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final
plat) is submitted. Coordinate the final design of the turn lane with District staff.
5.
Construct a taper off of Linder Road for southbound right tums at the Deer Crest Way
approach. The applicant may choose to install the auxiliary turn lane either when the
phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the
later option is chosen, the necessary right-of-way needed to construct the subject auxiliary
lane shall be dedicated with the abutting final plat phase and constructed when the
warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated
as each phase (final plat) is submitted. Coordinate the fma1 design of the taper with
District staff.
Construct Wild Flower Drive to intersect McMillan Road approximately 1 ,450.feet west
of Linder Road, as proposed. The street shall he constructed with a 36-foot street section
within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks.
FINDrnGSOFFACTANDCONCLUSIDNSOFLAW
AND DECISION AND ORDER GRANTrnG APPLICATION
FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION
(AZ-O3-0l3)
PAGES OF 27
12.
13.
14.
7.
Construct Apgar Creek Street to intersect Linder Road approximately 530-feet north of
McMillan Road, as proposed. The street shall be constructed with a 36-foot street section
within SO-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks.
8.
Construct Deer Crest Way to intersect Linder Road approximately 430.feet north of
Apgar Creek Street and approximately 390-feet south of the approved Wild Goose Drive
to the north, as proposed. The street shall be constructed with a 36-foot street section
within SO-feet of right-of-way with curb, gutter and S-foot wide concrete sidewalks.
9.
Construct a commercial driveway on Linder Road located a minimum of255.feet south
of Apgar Creek Street and no closer than ISO-feet from McMillan Road ([or right-
in/right-out only). Pave the driveway its full width (maximum 35-feet) and at least 30.feet
into the site beyond the edge of pavement of the adjacent roadway edge and install
pavement tapers with IS-foot radii abutting the existing roadway edge.
10.
Construct a commercial driveway on McMillan Road located approximately 250.feet
west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet)
and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway
edge and install pavement tapers with IS-foot radii abutting the existing roadway edge.
This driveway may be restricted to right-in/right-out movements in the future.
11.
Construct a commercial driveway on McMillan Road located approximately 235-feet
west of the first commercial driveway on McMillan Road and approximately 500.feet
west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet)
and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway
edge and install pavement tapers with IS-foot radii abutting the existing roadway edge.
Provide the District with a copy of a recorded cross-access agreement for Lots 45, 46, 47
and 48, Block 10, to use the three commercial driveways listed in Conditions 9, 10 and II
above, for access to the public street system.
Construct a commercial driveway to serve the proposed L-O zoned lots, located in
alignment (measured centerline to centerline) or offset ITom the approved Palatine Way
on the south side of McMillan Road a minimum of2S5-feet (measured near edge of
driveway to near edge of roadway). Provide the District with a copy of a recorded cross-
access agreement for Lots 34 to 44, Block 12, to use the driveway for access to the public
street system.
Utilize the existing driveway to the single-family home on Lot 26, Block 12. Pave the
driveway to its full width (maximum 20.feet) and at least 30-feet into the site beyond the
edge of pavement of McMillan Road and install pavement tapers with 15.foot radii
abutting the roadway edge. Said driveway may be utilized until the existing home located
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION
(AZ-O3-O13)
PAGE 6 OF 27
18.
19.
20.
21.
22.
on the lot is tom down or converted to another use. At the time of re.development, access
to Lot 26, Block 12, from McMillan Road may be prohibited by ACHD. The applicant
shall provide an access easement or trontage to Lot 26, Block 12, from Summit Way or
the L-O zoned lots to the west.
15.
Unless otherwise approved by District staff, the applicant shall construct Ballinger
Avenue, Chimney Peak Avenue, Cody Creek Way, Summit Way, Green Mountain Drive,
Bird Wing Court, Dove Ridge Drive, Stone Pond Drive, Sage Springs Drive, Kelly Creek
Avenue and Wapoot Avenue as J6-foot street sections with curb, gutter and 5-foot wide
concrete sidewalks, all within 50.feet of right-of-way.
16.
Construct District approved turnarounds for Bird Wing Court, Summit Way and Dove
Ridge Drive (if Dove Ridge Drive is constructed as a public roadway and not a private
roadway).
17.
Pave the private driveway/street off of Chimney Peak A venue, between Lots 17 and 22,
Block 10, its full width and at least JO-feet into the site beyond the edge of pavement of
the abutting roadway. ACHD does not make any assurances that the private road that is a
part of this application will be accepted as a public road if such a request is made in the
future. Substantial redesign and reconstruction costs may be necessary in order to qualifY
this road for public ownership and maintenance. The following requirements must be met
if the applicant wishes to dedicate the roadway to ACHD:
i. Dedicate a minimwn of 50-feet of right-of.way for the road.
ii. Construct the roadway to the minimum ACHD requirements.
Extend Wapoot Avenue from the west property line located approximately 125.feet south
of the north property line, as proposed.
Extend Apgar Creek Street trom the west property line located approximately 690-feet
south ofWapoot Avenue (measured centerline to centerline), as proposed.
Extend Ballinger Avenue trom the north property line located approximately 625.feet
east of the west property line, as proposed.
Extend Chimney Peak A venue from the north prcperty line located approximately 1,090-
feet east of Ballinger Avenue (measured centerline to centerline), as proposed.
Other than the access points specifically approved with this application, direct lot or
parcel access to McMillan Road and Linder Road is prohibited. Lot access restrictions,
as required with this application, shall be stated on the final plates).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING KELLY CREEK SUBDIVISION
(AZ.O3-0IJ)
PAGE 7 OF 27
10.
23.
Comply with all Standard Conditions of Approval.
Standard Conditions of Aooroval
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utiJity relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the projJ{)sed development. Contact Construction Services at
387-6280 (with file nwnber) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file nwnbers)
for details.
5.
All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all appJicable ACHD Ordinances unless specificany waived herein. An
engineer registered in the State of Idaho shall prepare and certifY all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance ofbuilding
permit (or other required permits), which incorporates any required design changes.
7.
Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9.
It is the responsibility of the applicant to verifY all eKisting utilities within the right-of-
way. Existing utilities damaged by the applicant shall be repaired by the applicant at no
cost to ACHD. The applicant shall be required to call DlGLINE (1.800.342.1585) at
least two full business days prior to breaking ground within ACHD right. of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or fined) are compromised during any phase of construction.
No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING KELLY CREEK SUBDNISION
(Az..Q3-013)
PAGE 8 OF 27
8.
9.
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confinnation of any change trom the Ada County Highway
District.
11.
Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless a waiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
C.
Adopt the Meridian Fire Department Recommendations as follows:
I.
One and two fiunily dwellings will require a fire.flow of 1,000 gallons per minute available for
duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400'
apart. 1997 UFC Appendix ill-A
2.
Conunercial and office occupancies will require a fire-tlow consistent with the Unifonn Fire
Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart.
1997 UFC Appendix ill-A
3.
Acceptance of the water supply for fire protection will be by the Meridian Water Department.
4.
Final Approval of the fire hydrant locations shall be by the Meridian Fire Department tbru the
Public Works Department.
5.
All roads shall have a turning radius of 28' inside and 48' outside.
6.
Operational fire hydrants and temporary or pennanent street signs are required before combustible
construction begins. UFC 901.4.2 & 901.3
7.
The phasing plan may require that any roadway greater than 150' in length that is
provided with an outlet shall be required to have a turn around.
not
A minimum of two points of access will be required for any portion of the project, which serves
more than 50 homes. UFC 902.2.]
The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer
FfNDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION
(AZ-03"()13)
PAGE 9 OF27
D.
E.
F.
Adopt the Recommendation of Settlers Irrigation District as follows:
1.
All irrigation/drainage facilities along with their easements must be protected and
continue to function.
2.
All storm drainage must be retained on-site.
3.
The development must supply irrigation access to all lots within the above.named
subdivision. If the developer wishes to have Settlers Irrigation District own,
operate, and maintain the pressure irrigation system an agreement needs to be in
place prior to the pre-construction meeting.
Adopt the Recommendations of the Central District Health Department as follows:
1.
This proposal can be approved for central sewage & central water after written
approval !Tom appropriate entities is submitted.
2.
The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
3.
Run.off is not to create a mosquito breeding problem.
4.
Stonnwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5.
The Engineers and architects involved with the desigIi of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
Adopt the action of the City Council taken at their August 5, 2003 meeting as follows:
For clarification:
1.
The applicant is providing about four and a half acres for a park in the center of the
residential project, including a tot lot, basketball court and an open play field, along
with landscaping.
2.
The applicant is providing an interconnected system of pathways to help split long
blocks, and to help promote and enhance pedestrian access to the public road
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTlNG APPUCATION
FOR ANNEXATION AND ZONING KELLY CREEK SUBDMSION
(AZ-O3.013)
PAGE 10 OF27
8.
9.
13.
network.
3.
The applicant is providing almost ten percent of open space, as well as the
interconoecting system of path ways.
4.
The applicant provided a sketch, dated 7.1S-03 by J-U-B Engineers, Inc., showing
how the streets align between Lochsa Falls and Kelly Creek at Apgar Creek Street. A
proposed street modification to allow the centerline of Apgar Creek to align wi th the
centerline of the 30 foot wide private driveway to the west of the main entry street,
has been drawn by hand on the sketch. The deflection angle is less than the 20
degrees allowed by ACHD and shall meet the District's intersection requirements.
5.
The applicant provided a conceptual layout showing how the maximum project
would layout. The present conceptual plat allows for 214 singlefami!ydwelling lots
and said conceptual layout is approved as submitted to the Council at their August 5,
2003 meeting, with the understanding the applicant shall be required to provide a
detailed plat for approval.
6.
The applicant also stated at the August 5, 2003 hearing that they are sharing an
irrigation system with Lochsa FaIJs, which presently Lochsa Falls is building the
pump station that will serve both developments. The system is requiring a 16 inch
water line.
7.
The applicant shall be required to work with the school district on the driveways
needed for the district, and said driveways shall be shown on the approved plat.
The applicant shall provided an L-type turnaround for fire or emergency vehicles to
turn around, but the L-type turnaround shall have to meet the approval of the
Meridian Fire Department.
The applicant is providing 214 single family building lots and 15 other lots on the
79.77 acres in size, including right-of-way.
It is found that the requested zoning designation, R.8, is harmonious with and in
accordance with the adopted Comprehensive Plan Future Land Use Map, which designates the land
to be "Medium Density Residential". The requested L-a and CoG zones do not comply with the
Future Land Use Map, but can be approved under the us exception provisions of Ordinance 12.6.3.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING KELLY CREEK SUBDMSION
(AZ-03-O13)
PAGE II OF27
14.
It is not anticipated that the land to be annexed will be rezoned in the future.
15.
It is found that the property will be developed in a manner consistent with the
proposed zoning and/or consistent with allowable Planned Development uses,
16.
It is found that the annexation and zoning of the Bridgetower Subdivision to the
south, Lochsa Falls to the north and west, and Paramount to the east is a significant change in the
area. All such developments were also approved as planned developments with land use exceptions.
The two arterial streets abutting the project are not planned for improvements in Ada County
Highway District's Five Year Work Program.
17.
It is found that the proposed uses match the intended character of the vicinity, as
noted on the Generalized Land Use Map. It is also found that the proposed uses can be designed and
constructed in a manner that will be hannonious with and appropriate in appearance with the existing
and intended character of the surrounding area. The proposed use exceptions are located adjacent to
other similar use exceptions granted to surrounding developments. The existing character of the area
will change, especially upon build-out of the proposed project, but it will not adversely change the
essential character of the area.
18.
It is not anticipated that the proposed uses will be hazardous or disturbing to future or
existing neighbors.
19.
The Meridian Fire Department has submitted a list of conditions and needs in order to
adequately serve the project. The ACHD Commission acted on the application at their July 2,2003
meeting, and their conditions are listed in number 12 above. Water and sanitary sewer service to
phase one will be readily available to the north from phase 3 of Lochsa Falls Subdivision which is
Fß\IDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING KELLY CREEK SUBDMSION
(AZ-O3-O13)
PAGE 12 OF27
currently under construction. Further phases of this development will be dependent upon a sanitary
sewer extension to the west through future phases of the Lochsa Falls project.
20.
If approved, the developer will be financing the extension of sewer, water, local street
inuastructure, utilities and irrigation services to serve the project. The primarypubJic costs to serve
the future residents will be fire, police and school facilities and services. It is found that there will
not be excessive additional requirements at public cost for public services and facilities and that the
annexation and zoning will not be detrimental to the community's economic welfare,
21.
It is found that the proposed residential, office and commercial uses themselves will
not be detrimental. It is also found that the proposed uses will create additional traffic on adjacent
arterial roads. The Traffic Impact Study provided by the applicant to ACHD states that the
development is estimated to generate 3,772 additional vehicle trips per day with a peak traffic
volume of 352 vehicle trips per hours. It is also noted that the mixed use nature of the proposed
development will encourage a higher degree of trip capture within the square mile. In this regard, the
"excessive production" of traffic is lessened versus a project without accessible neighborhood
services. It is not anticipated that the proposed uses will create noise, smoke, fumes, glare or odors.
22.
It is found that ACHD staffhas reviewed and recommended approval of the vehicular
approaches to the residential areas of Kelly Creek Subdivision off of Linder and McMillan Roads.
The proposed access points to the commercial and office areas are found to violate ACHD's offset
requirements and must be redesigned per ACHD requirements. It is also found that the applicant has
proposed internal connections to adjacent properties by connecting to the four stub streets provided
by Lochsa Falls.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING KELLY CREEK SUBDMS10N
(AZ-O3-O13)
PAGE 13 OF 27
.--- .--
23.
[t is found that no natural or scenic features of major importance will be lost or
damaged by approval of this annexation request. The land is currently in agricultural production
with no historic structures or significant natural features.
24.
It is found that the annexation of this property would be in the best interest of the
City.
25.
It is found that if the developer pays for the requested improvements and complies
with the conditions set forth in these Findings of Fact No. 12, and all sub.parts, the economic
welfare of the City and its residents and tax and rate payers will be protected, a condition of
annexation and zoning desigtlation.
26.
It is also found that the development considerations as referenced in Finding No.
12 are reasonable to require and must be taken into account, in order to assure the proposed
development is desigtled, constructed, operated and maintained in a manner which is hannonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character ofthe 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.
27.
The City Council recognizes the letter of Daniel Gibson dated July 29,2003,
wherein he approves the relocation ofW. Apgar Creek Street, which is within his property
boundaries approximately 50 feet to the north, upon the issues addressed within this paragraph.
Mr. Gibson is willing to allow the relocation to occur based on the assurance of the acceptability
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION
(AZ.03-01 3)
PAGE 14 OF 27
by the Ada County Highway District. (ACHD memo fi:om Christy Richardson dated July 17,
2003.) If Mr. Gibson can receive written assurance that this relocation will not result in a future
requirement that he relocate the access easement to the west, then he is willing to agree to the
proposed relocation change. If this is not possible, then the proposed Kelly Creek plat should be
revised to recognize the alignment of West Apgar Street as depicted in the approved Lochsa Falls
Preliminary Plat.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50.222. The
Meridian City Code § 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2.
The Council may take judicial notice of government ordinances, and policies, and
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 the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4.
The zoning of(R-8) Medium Density Residential, (L-O) Limited Office, and (C-G)
General Retail And Service Commercial are defined in the Zoning Ordinance at § 11-7-2 D, G and K
as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING KELLY CREEK SUBDMSION
(AZ.03-013)
PAGE 15 OF 27
(Ro8) Medium Densitv Residential District: The purpose of the R.8 District is to pennit
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those areas where such development has or
is likely to occur in accord with the Comprehensive Plan of the City and is also designed to
permit the conversion of large homes into two-family dwellings in wen.established
neighborhoods of comparable land use. Connection to the Municipal water and sewer
systems of the City is required.
(LoO) Limited Office District: The purpose of the L-O District is to pennit the
establishment of groupings of professional, research, executive, administrative, accounting,
clerical, stenographic, public service and similar uses. Research uses shall not involve heavy
testing operations of any kind or product manufacturing of such a nature to create noise,
vibration or emissions ofanature offensive to the overall purpose of this District. The 1.-0
District is designed to act as a buffer between other more intense nonresidential uses and
high density residential uses, and is thus a transitional use. Conoection to the Municipal
water and sewer system of the City is a requirement in this District.
(CoG) General Retail And Service Commercial District: The purpose ofthe 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 commercia] uses which
are auto and service oriented and are located in close proximity to major highway or arteria]
streets; to fulfill the need of travel. related services as well as retail sales for the transient and
permanent motoring public. All such districts shan be connected to the Municipal water and
sewer systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
6.
Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt vs. The Citv ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
7.
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING KELLY CREEK SUBDMSION
(AZ.03-0I3)
PAGE 16 OF 27
8.
Pursuant to Section 11-16.4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
1.
The applicant's request for annexation and zoning of approximately 79.77 acres in
size, including right-of-way, to Medium Density Residential (R-8), Limited Office (L.O), and
General Retail And Service Commercial (C-G) is granted subject to the terms and conditions of this
Order hereinafter stated.
2.
The application is for annexation and zoning of79. 77 acres in size, including right-of-
way. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State
of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The
legal description for annexation must place this parcel contiguous to the Corporate City Limits per
Ordinance No. 686.
3.
Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
I. Remove any existing domestic wells and/or septic systems within this project
ITom their domestic service per City Ordinance Section 5.7.517. Wells may be
used for non-domestic purposes such as landscape irrigation.
An irrigation ditches, laterals or canals, exclusive of natural waterways,
2.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION
(AZ-03.013)
PAGE 17 OF 27
intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled
per City Ordinance 124-13. Plans shall need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with written confinnation
of said approval submitted to the Public Works Department.
A Development Agreement shall be required as part of this annexation request.
The development agreement shall include all conditions of the annexation,
preliminary plat, and conditional use permit/planned development.
Adopt the Recommendations of the Ada County Highway District as follows:
3.
B.
1.
These segments of Linder Road and McMillan Road are not listed in the adopted Capital
Improvements Plan; therefore, impact fees cannot be used to purchase the right.of-way
abutting the site. Right-of-way dedication is not required with this application. If the
applicant chooses to dedicate the right.of-way, ACHD will not provide compensation.
The applicant shall do one of the following:
ii.
iii.
i.
Dedicate by donation an additional5-feet of right.of.way along McMillan
Road (30.feet total from the cun-ent centerline) and an additional 13-feet
of right-of-way along Linder Road (38-feet total ITom centerline), and
construct a minimum 5-foot wide concrete sidewalk along McMillan Road
and Linder Road. The sidewalk on McMillan Road shall be located a
minimwn of 35-feet from the centerline of the existing roadway. The
sidewalk on Linder Road should be located a minimum of 4 1 .feet from the
centerline of the right-of-way. Coordinate the location and elevation of the
sidewalk with District staff. Provide the District with an easement for any
portion of the sidewa1k(s) that are not located within the right-of-way.
Dedicate by donation an additional 15-feet of right.of-way along
McMillan Road (40.feet total from the cun-ent centerline) and an
additional 23.feet of right-of-way along Linder Road (48-feet total from
centerline), and construct a minimum 5-foot wide concrete sidewalk along
McMillan Road and Linder Road, located within the new right-of-way.
The sidewalk on McMillan Road should be located a minimum of 35.feet
ITom the centerline of the existing roadway. The sidewalk on Linder Road
should be located a minimum of 4 I-feet ITom the centerline of the right.of.
way. Provide the District with an easement for any portion ofthe
sidewa1k(s) that are not located within the right.of-way. Coordinate the
location and elevation of the sidewalk with District staff.
Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along McMillan Road and Linder Road in their
uJtimate locations. The sidewalk on McMillan Road should be located a
minimum of35.feet from the centerline of the existing roadway. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION
(AZ-03.013)
PAGE 18 OF 27
5.
sidewalk on Linder Road should be located a minimum of41-feet ITom the
centerline of the right-of-way. Provide the District with an easement for
any portion of the sidewalk(s) that are not located within the right.of-way.
iv.
Do not dedicate additional right-of-way, but construct a minimum 5.foot
wide concrete sidewalk along McMillan Road and Linder Road, located at
the back edge of the existing right-of-way (if feasible). Accomplish all
necessary adjustments to properly accommodate existing drainage and
utilities. Coordinate the location and elevation of the sidewalk with
District staff.
2.
Construct a separate westbound right-turn lane on McMillan Road at the Shadow Creek
Way (now Wild Flower Drive) approach. The applicant may choose to install the
auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built,
or when the warrant is met. If the later option is chosen, the necessary right-of.way
needed to construct the subject auxiliary lane shall be dedicated with the abutting final
plat phase and constructed when the warrant is met. The necessity for auxiliary lane
construction (warrants) will be evaluated as each phase (final plat) is submitted.
Coordinate the final design of the turn lane with District staff.
3.
Construct a separate southbound right-turn lane on Linder Road at the Apgar Creek Street
intersection. The applicant may choose to install the auxiliary turn lane either when the
phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the
later option is chosen, the necessary right-of-way needed to construct the subject auxiliary
lane shall be dedicated with the abutting final plat phase and constructed when the
warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated
as each phase (final plat) is submitted. Coordinate the final design of the tum lane with
District staff.
4.
Construct a separate northbound left.turn lane on Linder Road at Apgar Creek Street. The
applicant may choose to install the auxiliary turn lane either when the phase abutting the
subject auxiliary lane is being built, or when the warrant is met. If the later option is
chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be
dedicated with the abutting final plat phase and constructed when the warrant is met. The
necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final
plat) is submitted. Coordinate the final design ofthe turn lane with District staff.
Construct a taper off of Linder Road for southbound right tums at the Deer Crest Way
approach. The applicant may choose to install the auxiliary turn lane either when the
phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the
later option is chosen, the necessary right.of-way needed to construct the subject auxiliary
lane shall be dedicated with the abutting fmal plat phase and constructed when the
FINDINGS OF F ACf AND CONCLUSIONS OF LAW
AND DECJS10N AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING KELLY CREEK SUBDNISION
(AZ.O3-013)
PAGE 19 OF27
13.
warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated
as each phase (final plat) is submitted. Coordinate the final design of the taper with
District staff.
6.
Construct Wild Flower Drive 10 intersect McMillan Road approximately 1,450.feet west
of Linder Road, as proposed. The street shall be constructed with a 36.foot street section
within SO-feet of right-of-way with curb, gutter and S-foot wide concrete sidewalks.
7.
Construct Apgar Creek Street to intersect Linder Road approximately 530-feet north of
McMillan Road, as proposed. The street shall be constructed with a 36-foot street section
wiwn 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks.
8.
Construct Deer Crest Way to intersect Linder Road approximately 430.feet north of
Apgar Creek Street and approximately 390-feet south of the approved Wild Goose Drive
to the north, as proposed. The street shall be constructed with a 36-foot street section
within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks.
9.
Construct a commercial driveway on Linder Road located a minimum of255-feet south
of Apgar Creek Street and no closer than ISO-feet from McMillan Road (for right-
in/right-out only). Pave the driveway its full width (maximum 3S-feet) and at least 30-feet
into the site beyond the edge of pavement of the adjacent roadway edge and install
pavement tapers with I 5. foot radii abutting the existing roadway edge.
10.
Construct a commercial driveway on McMillan Road located approximately 250-feet
west of Linder Road, as proposed. Pave the driveway its fun width (maximum 35-feet)
and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway
edge and install pavement tapers with IS-foot radii abutting the existing roadway edge.
This driveway may be restricted to right-iniright-out movements in the future.
11.
Construct a commercial driveway on McMillan Road located approximately 235-feet
west of the first commercial driveway on McMillan Road and approximately 500-feet
west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet)
and at least 30.feet into the site beyond the edge of pavement of the adjacent roadway
edge and install pavement tapers with IS-foot radii abutting the existing roadway edge.
12.
Provide the District with a copy of a recorded cross-access agreement for Lots 45, 46, 47
and 48, Block 10, to use the three commercial driveways listed in Conditions 9, 10 and II
above, for access to the public street system.
Construct a commercial driveway to serve the proposed L-O zoned lots, located in
alignment (measured centerline to centerline) or offset from the approved Palatine Way
on the south side of McMillan Road a minimum of 25S-feet (measured near edge of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION
(AZ.O3-013)
PAGE20 OF27
18.
19.
20.
dri veway to near edge of roadway). Provide the District with a copy of a recorded cross-
access agreement for Lots 34 to 44, Block 12, to use the driveway for access to the public
street system.
14.
Utilize the existing driveway to the single-family home on Lot 26, Block 12. Pave the
driveway to its full width (maximum 20-feet) and at least 3D-feet into the site beyond the
edge of pavement of McMillan Road and install pavement tapers with IS-foot radii
abutting the roadway edge. Said driveway may be utilized until the existing home located
on the lot is tom down or converted to another use. At the time of re-deve10pment, access
to Lot 26, Block 12, ITom McMillan Road may be prohibited by ACHD. The applicant
shall provide an access easement or ITontage to Lot 26, Block 12, ITom Summit Way or
the L-O zoned lots to the west.
IS.
Unless otherwise approved by District staff, the applicant shall construct Ballinger
A venue, Chimney Peak Avenue, Cody Creek Way, Sunonit Way, Green Mountain Drive,
Bird Wing Court, Dove Ridge Drive, Stone Pond Drive, Sage Springs Drive, Kelly Creek
Avenue and Wapoot Avenue as 36.foot street sections with curb, gutter and 5.foot wide
concrete sidewalks, all within 50-feet of right-of-way.
]6.
Construct District approved turnarounds for Bird Wing Court, Swrunit Way and Dove
Ridge Drive (if Dove Ridge Drive is constructed as a public roadway and not a private
roadway).
]7.
Pave the private driveway/street off of Chimney Peak Avenue, between Lots 17 and 22,
Block 10, its full width and at least 30-feet into the site beyond the edge of pavement of
the abutting roadway. ACHD does not make any assurances that the private road that is a
part of this application wiIi be accepted as a public road if such a request is made in the
future. Substantial redesign and reconstruction costs may be necessary in order to qualifY
this road for public ownership and maintenance. The following requirements must be met
if the applicant wishes to dedicate the roadway to ACHD:
i.
ii.
Dedicate a minimum of SO-feet of right-of. way for the road.
Construct the roadway to the minimum ACHD requirements.
Extend Wapoot Avenue ITom the west property line located approximately 125-feet south
of the north property line, as proposed.
Extend Apgar Creek Street ITem the west property line located approximately 690-feet
south ofWapoot Avenue (measured centerline to centerline), as proposed.
Extend Ballinger Avenue fÌ'Om the north property line located approximately 625-feet
east of the west property line, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION
(AUl3-013)
PAGE 21 OF 27
6.
7.
8.
9.
21.
Extend Chimney Peak Avenue from the north property line located approximately 1,090-
feet east of Ballinger Avenue (measured centerline to centerline), as proposed.
22.
Other than the access points specifically approved with this application, direct lot or
parcel access to McMillan Road and Linder Road is prohibited. Lot access restrictions,
as required with this application, shaH be stated on the final p1at(s).
24.
Comply with aH Standard Conditions of Approval.
Standard Conditions of Approval
1.
Any existing irrigation facilities shaH be relocated outside of the right-of.way,
2.
All utility relocation costs associated with improving street ITontages abutting the site
shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not aHowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with fiJe numbers)
for details.
5.
All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance ofbuilding
pennit (or other required pennits), which incorporates any required design changes.
Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
It is the responsibility of the applicant to verify all existing utilities within the right-of.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION
(AZ-03-013)
PAGE 22 OF 27
4.
5.
6.
7.
--~
way. Existing utilities damaged by the applicant shall be repaired by the applicant at no
cost to ACHD. The applicant shall be required to can DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of.way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or fined) are compromised during any phase of construction.
10.
No change in the terms and conditions of this approval shall be .valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
11.
Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless a waiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
D.
Adopt the Meridian Fire Department Recommendations as follows:
1.
One and two family dwellings will require a fire.. flow of 1,000 gallons per minute available
for duration of2 hours to service the entire project. Fire hydrants shall be placed an average
of 400' apart. 1997 UFC Appendix III-A
2.
Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire
Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart.
1997 UFC Appendix III-A
3.
Acceptance of the water supply for fire protection will be by the Meridian Water Department.
Final Approval of the fire hydrant locations shall be by the Meridian Fire Department thru the
Public Works Department.
All roads shall have a turning radius of28' inside and 48' outside.
Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
The phasing plan may require that any roadway greater than 150' in length that is
provided with an outlet shall be required to have a turn around.
not
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION
(AZ-O3-013)
PAGE 23 OF 27
.__.,.._--~
8.
A minimum of two points of access will be required for any portion of the project, which serves
more than 50 homes. UFC 902.2.1
9.
The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer
E.
Adopt the Recommendation of Settlers Irrigation District as follows:
1. All irrigation/drainage facilities along with their easements must be protected and
continue to function.
2. All storm drainage must be retained on-site.
3. The development must supply irrigation access to all lots within the above-named
subdivision. If the developer wishes to have Settlers Irrigation District own, operate,
and maintain the pressure irrigation system an agreement needs to be in place prior to
the pre-construction meeting.
F.
Adopt the Recommendations ofthe Central District Health Department as follows:
I. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
G.
Adopt the action of the City Council taken at their August 5,2003 meeting as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION
(AZ-03-013)
PAGE 24 OF27
For clarification:
1. The applicant is providing about four and a half acres for a park in the center of the
residential project, including a tot lot, basketball court and an open play field, a]ong with
landscaping.
2. The applicant is providing an interconnected system of pathways to help split long
blocks, and to help promote and enhance pedestrian access to the pubJic road network.
3. The applicant is providing almost ten percent of open space, as well as the
interconnecting system of pathways.
4. The applicant provided a sketch, dated 7-15-03 by J-U-B Engineers, Inc., showing how
the streets align between Lochsa Falls and Kelly Creek at Apgar Creek Street. A
proposed street modification to allow the centerline of Apgar Creek to align with the
centerJine of the 30 foot wide private driveway to the west of the main entl)' street, has
been drawn by hand on the sketch. The deflection angle is less than the 20 degrees
allowed by ACHD and shall meet the District's intersection requirements.
5. The applicant provided a conceptual layout showing how the maximum project would lay
out. The present conceptual plat allows for 214 single family dwelling lots and said
conceptual layout is approved as submitted to the Council at their August 5, 2003
meeting, with the understanding the applicant shall be required to provide a detailed plat
for approval.
6. The applicant also stated at the August 5, 2003 hearing that they are sharing an irrigation
system with Lochsa Falls, which presently Lochsa Falls is building the pump station that
will serve both developments. The system is requiring a 16 inch water line.
7. The applicant shall be required to work with the school district on the driveways needed
for the district, and said driveways shall be shown on the approved plat.
8. The appJicant shall provided an L-type turnaround for fire or emergency vehicles to rum
around, but the L-type turnaround shall have to meet the approval of the Meridian Fire
Department.
9. The applicantis providing 214 single family building lots and 15 other lots on the 79.77
acres in size, including right-of-way.
4.
The City Attorney sha1I prepare for consideration by the City Council the appropriate
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING KELLY CREEK SUBDIVISION
(AZ-03-013)
PAGE 25 OF 27
ordinaoce for the annexation aDd zoning designation of the real property which is the subject ofthe
application to (R-8) Medium Density Residential District, (L-G) Limited Office District, aDd (C.G)
General Retail And Service Col1U1lercial District, Meridiao City Code § 11-7-2.
5.
Subsequent to the passage of the Ordinaoce provided for in section 4 of this Orderthe
engineering staff of the Public Works Department shall prepare the appropriate mapping chaoges of
the official boWldaries and zoning maps as provided in Meridiao City Code § 11.21.1 inaccordaoce
with the provisions of the annexation aDd zoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67.8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the City
Clerk not more than twenty-eight (28) days after the final decision concenúng the matter at issue. A
request for a regulatorytaldngs analysis will toll the time period within which a Petition for Judicial
Review may be filed.
Please take notice that this is a final action of the governing body ofthe 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 ajudicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City CoWlcil at its regular meeting held on the
;94 day of
4?,(f-
ROLL CALL
,2003.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCA nON
FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION
(AZ-O3-O13)
PAGE 26 OF27
COUNCILMAN KEITH BIRD
VOTED~
COUNCILWOMAN TAMMY deWEERD
VOTED~
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED~
COUNCILMAN WILLIAM 10M. NARY
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 8/?-tí'3
VOTED-=-
MOTION:
APPROVED:--Ä-
DlSAPPROVED:-
Attest:
- M~ ~~:'
By:d~~~ ~Dated: - eo ::
CIty Clerk ~"~ ,~a 0 j
~..:~:L:- "Sr 15\ . .:('.>:
~\WorklMlMoridianlMeridian ISJ6(JM\KeUy Creek Sub AZ-OJ-OIJ Pp.()J.OI4 CUP.oJ.o281AZF"")~,,,,'oe.,r. ~~ ,,::-
""'" COUNT'! ' 'I",""
11111"""""","
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECIsION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING KELLY CREEK SUBDIVISION
(AZ.03.0!3)
PAGE27 OF 27
Meridian City Council
October 2t, 2003
Page 3 of 68
Tuscany VillaCle by Tuscany Development, Inc. - south of East
Victory Road and west of South Locust Grove Road:
K.
Development Agreement: AZ 03-013 Request for annexation
and zoning of 79.77 acres from RUT to R.8, C.G and L.O zones for
proposed Kelly Creek Subdivision by Kevin Howell Construction -
northwest corner of North Linder Road and West McMillan Road:
L.
Water Main Easement for the Sonoma Square Building in
Bonito Subdivision - Kimball Properties Limited:
M.
Acknowledgement of Judges and Clerks for November 4, 2003
General Election as submitted by Elections Coordinator Lova
June Pack:
De Weerd: Item three is the Consent Agenda. Please note on item B, the resoiution
number is 03.415.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I'd move that we approve the Consent Agenda, including resoiution number 03.
415 and for the President of the Council to sign and the Clerk to "" Deputy Clerk to
attest all papers that need be.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to adopt the agenda as stated. Or
Consent Agenda. Mrs. Deputy Clerk"" Sharon, will you call roll.
Roll Call: McCandless, yea; Nary, yea; de Weerd, yea; Bird, yea.
MOTION CARRIED: ALL AYES.
Item 4:
Department Reports:
De Weerd: Okay. Item four does not show any department reports. Are there any?
Item 5:
(Items Moved from Consent Agenda)
De Weerd: Okay. We did not move any items from the Consent Agenda for item five.
Item 6:
Continued from October 14, 2003: Ordinance No.
Amending Ordinance 03-1033 Correcting the legal description for AZ