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Trailway Park Subdivision AZ 03-010 PARTIES: 1. 2. 3. 3{f(} ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IOAHO 09/05103 03:10 PM DEPUTY Bonnie Oberbillig RECORDED-REOIJEST OF Meridian City ~~~_Nr .00 DEVELOPMENT AGREEMENT 1111111111111111111111111111111111 103151664 ,--,-- City of Meridian Raleigh and Dieuw Hawe, Owner Hillview Development Corporation, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this IC¡& daYOf~.f ,2003,byandbetweenCITYOF MERIDIAN, a municipal corporatlon fthe State ofIdaho, hereafter called "CITY', and RALEIGH AND DlEUW HA WE, whose address is 530 E. Blue Heron Lane, Meridian, Idaho 83642, hereinafter called "OWNERS", and HILLIVEW DEVELOPMENT CORPORATION, whose address is ISO E. Aikens, Eagle, Idaho 83616, hereinafter called "OWNERIDEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNERS" and "OWNER/DEVELOPER" are the sole owners, in law and/or equity, of certain tract ofland 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 1.2 WHEREAS, lC. § 67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owners" or "OwnerlDeveIoper" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owners" and "OwnerlDeveloper" have submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District, (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT (AZ-03-01O) - 1 1.5 1.6 1.7 WHEREAS, "Owners" and "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and WHEREAS, City Council, the 2.'2.~ day of 3lA.Lt:\ ' 2003, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owners" and "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNERS" and "OWNERIDEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.9 WHEREAS, "City" requires the "Owners" and "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted DEVELOPMENT AGREEMENT (AZ-O3-010) - 2 August 6, 2003, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title II and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 3.2 3.3 3.4 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue oflaw of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. "OWNERS": means and refers to Raleigh and Dieuw Hawe, whose address is 530 E. Blue Heron Lane, Meridian, Idaho 83642, the parties developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". "OWNERIDEVELOPER": means and refers to Hillview Development Corporation, whose address is 150 E. Aikens, Eagle, Idaho 83616, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". "PROPERTY": means and refers to that certain parceI(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-8, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: DEVELOPMENT AGREEMENT (AZ-O3-O10) - 3 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (D) which are herein specified as follows: Construction and development of a planned development consisting of One-hundred and Forty-five Single-family detached lots and Sixteen Single-family attached lots, one "Neighborhood" park and Twenty-three common lots in proposed R-8 zone. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. S. DEVELOPMENT IN CONDITIONAL USE: "Owners" and "OwnerlDeveIoper" 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 Recommendations of the Planning and Zoning and Engineering Staff as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 2. The following are addressed within this Development Agreement: pathway standards and fencing requirements for the pathway and micropaths. B. Adopt the Recommendations of the Ada County Highway District as follows: 1. Dedicate 42-feet of right-of-way on Blue Heron Lane and provide a public right's-of-wayroad trust deposit for one-half of a 29-foot street section with DEVELOPMENT AGREEMENT (AZ-O3-01O) - 4 2. 3. 4. curb, gutter and 5- foot concrete sidewalk, provide 24- feet of pavement as well as the appropriate amount of fill required to fill the Jackson Drain on Blue Heron Lane (from the west property line to Eureka Avenue.) Construct East James Court (from the West property line to North Eureka Place) as a 40-foot street section with vertical curb, gutter and S-foot concrete sidewalk within 60-feet of right-of-way, as proposed. Construct East James Court (from North Eureka Place to East Cougar Drive) as a residential collector with a 36-foot street section with vertical curb, gutter and a detached 4-foot concrete sidewalk (within an easement) within 50-feet of right-of-way, as proposed. Front on housing and parking is prohibited on this roadway. Construct the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet of right-of-way, as proposed. Construct as-foot attached on the majority of the internal roadways, with the exception ofa4- foot detached sidewalk on East Cougar Drive (from East Chateau Drive to East Blue Heron Street), James Court (from North Eureka Avenue to East Cougar Drive) and East Chateau Drive (from East Cougar Drive to North Grouse Avenue), as proposed. 5. Extend East James Court from the west property line approximately 430-feet north of the south property line, as proposed. 6. Extend East Willow Brook Drive from the east property line approximately IOO-feet north of the south property line, as proposed. 7. Extend Blue Heron Street from the east property line approximately 100- feet south of the north property line, as proposed. 8. Extend Capecod Way from the north property line approximately 370-feet west of the east property line, as proposed. 9. Extend North Eureka Avenue from the North property line approximately IOo-feet east of the west property line, as proposed. 10. Extend Blue Heron Lane from the west and north property lines, as proposed. II. Construct one cul-de-sac turnaround at the north end of Eureka Place, as proposed. Provide a minimum turning radius of 45-feet. DEVELOPMENT AGREEMENT (AZ-O3-010) - 5 12. 13. Construct two knuckles within the subdivision, as proposed. The design shall be reviewed and approved by ACHD's Development staff. Any proposed landscape islandslmedians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 14. Direct lot access to the segment of James Court (from the west property line to Cougar Drive) is prohibited. 15. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 2. 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. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. s. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 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 DEVELOPMENT AGREEMENT (AZ-O3-010) - 6 c. 8. 9. approval for occupancy. Payment of applicable road impact fees are required prior to building construction in acoordance with Ordinance # 197, also known as Ada County Highway District Road hnpact Fee Ordinance. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to hreaking ground with ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions 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. II. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicantto 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 reliefis granted pursuant to the law in effect at the time the change in use is sought. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III-A. 2. Operational fire hydrants and temporary or permanent street sigrrs are required before combustible construction beings. UFC 901.4.2 & 901.3 3. The location of the fire hydrants shall be approved by the Meridian Fire Department and shall be submitted thru the Public Works Department. 4. All radii shall be 28' inside and 48' outside radius. DEVELOPMENT AGREEMENT (AZ-O3-010) - 7 S. Provide an approved turnaround for all streets greater than ISO' in length that have no outlet. This may be an issue during the phasing of the project. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: E. I. Narnpa & Meridian Irrigation District requires a land-use change application. All storm drainage must be retained on site. All lateral and waste ways must be protected. The Developer must comply with Idaho Code #31-3905. 2. Nampa & Meridian's Jackson Drain courses through the center of the proposed project. The easement of the Jackson Drain must be protected and any encroachment without approved plans and a signed license agreement is unacceptable. Adopt the action of the City Council taken at their July 8, 2003 meeting as follows: 1. The applicant shall not be required to provide the 35' landscape buffer on the west end of the property. The existing ponds adjacent to the property serve as significant buffers from the meat processing facility. 2. The applicant shall be required to build an asphalt pathway, according to the Narnpa & Meridian Irrigation District standards or the Parks Department standards, and pipe the drain through the pocket park within the middle section of this amenity. The applicant shall be required to submit a plan to the Planning and Zoning Department for approval of the playground equipment or recreation equipment to be used for this amenity. Also, this pathway shall be included within the plat notes that the pathway is for multi-use and not for private access only. In the event that Nampa & Meridian Irrigation District requires a License Agreement with the City for the pathway along the Jackson Drain, the Homeowner's Association shall enter into an indemnity agreement whereby it will assume the obligations of the City under the License Agreement, and, defend and hold the City harmless from any liability asserted for violation of, or arising out of, the License Agreement. 3. The applicant shall be allowed to upgrade the existing pressure irrigation pump station for Fothergill Subdivision, if the Nampa & Meridian Irrigation District gives their written approval and the applicant submits said written approval to the Planning and Zoning Department, which would then become a regional pump station for Fothergill subdivision and the Trailway Park Subdivision. The applicant shall also submit recommendation to the DEVELOPMENT AGREEMENT (AZ-O3-O10) - 8 Planning and Zoning Department setting forth who will actually own and maintain said pump station. 4. Pertaining to the headgate, which is located on Mr. Fothergill's property, the applicant shall work with the Nampa & Meridian Irrigation District to determine if the headgate has a present purpose, or if it can be abandoned and removed. Applicant shall work with neighbors to resolve this issue. s. The Watts Lateral, which courses through part of the project, is a user's ditch, and Settler's Irrigation District is not requiring a separate lot but only that the applicant shall pipe the ditch along the perimeter which courses through the project, and to provide an easement for access for the District. The easement width shall be as agreed upon between Settler's Irrigation District and the applicant. 6. Pertaining to the fencing requirements for the pathway and micro-paths within this project, any lots that run with the pathway and/or micro-paths shall either be an open vision fence or solid fencing with a maximum height of four feet. The applicant shall submit a fencing plan to the Planning and Zoning Department for approval. 7. The revised plat for this project is dated June 27, 2003, and is hereby approved. 8. Comply with all the Preliminary Plat conditions (PP-03-011) and Conditional Use Permit conditions (CUP-03-21) in the corresponding applications in this project. 7. COMPLIANCE PERIODI CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owners" and "Owner /Developer" or "Owners" and "OwnerlDeveloper's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT (AZ-O3-010) - 9 "Owners" and "OwnerlDeveIoper" consent upon default to the de- annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owners" and "Owner/Developer" and if the "Owners" and "Owner /Developer" 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 of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 10.2 In the event "Owners" and "OwnerlDeveloper", "Owners" and "OwnerlDeveIoper's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. A waiver by "City" of any default by "Owners" and "OwnerlDeveloper" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. II. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owners" and "OwnerlDeveloper's" cost, and submit proof of such recording to "Owners" and "OwnerlDeveloper", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the DEVELOPMENT AGREEMENT (AZ-O3-O10) -10 ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owners" and "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. 13.1 13.2 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 cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. In the event the performance of any covenant to be performed hereunder by either "Owner" and "OwnerlDeveloper" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also reqnire surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §I2-5-3, to insure that installation of the improvements, which the "Owners" and "OwnerlDeveloper" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ-O3-01O) - 11 IS. 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 "OwnerlDeveIoper" 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-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNERS: clo City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 RALEIGH and DIEUW HA WE 530 E. Blue Heron Lane Meridian, Idaho 83642 with copy to: OWNERIDEVELOPER: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 HILL VIEW DEVELOPMENT CORPORATION 150 E. Aikens Eagle, Idaho 83616 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in DEVELOPMENT AGREEMENT (AZ-03-0lD) - 12 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 "OwnerlDeveloper" of the "Property", each subsequent owner and any other person acqniring 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 determined that "Owners" and "OwnerlDeveIoper" 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 "OwnerlDeveIoper" 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 of the subject "Property" herein provided for can be modified or amended DEVELOPMENT AGREEMENT (AZ-O3-010) -13 without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-O3-01O) - 14 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. o~~ BY 4 Raleigh a e ~ BY: ð~~~ Dieuw Hawe OWNERSillEVELOPEW HILL VIEW DEVELOPMENT CORPORATION: Attest: ~~ BY ~~~ DEVELOPMENT AGREEMENT (AZ-O3-01O) - 15 Attest: CITY OF MERIDIAN B¥MA~~- ",,'1111111"""""1 "" _I Of MERII' II" " :\"'\ v/. " .l ð o~po~ r. '11- '\ I R <-" \ .:; STATE OF IDAHO) : ss: COUNTY OF ADA ) On this JJ-....! daYOf~ ,intheyear2003,before me, ~' , '7Yi, Ä:tL..:h a Notary blic, personally appeared RALEIGH HA WE IEUW HA WE, husband and WIfe, known or Identified to me to be the persons who executed the instrument and acknowledged to me that they executed the same. (SEAL) ,Lt"'M':"""ši"':, /~~~ ."""" ~~, i!~.."O{~""'ç.\ l (:---:) ) \~'....ÜB\.'\","~i ,-171""""'\\)~~/ 0"","" 0 f ,,# """""""""" ~Å/ -r11 ~ Notary u hc for Idaho Residing at: ~ Commission expires: /13/0 'f I DEVELOPMENT AGREEMENT (AZ-O3-OlO) - 16 STATE OF IDAHO) :ss COUNTY OF ADA ) On this J¡t£ day of Avc;<.Js-7 , in the year 2003, before me, /5RA..IJL¥f 1<.. .8/SHOI' a Notary Public, personally appeared ..:Th4f'-5 /Vlee/a.A-- and iIJd.¡V'¡I/U) 0 i-It-t.7r known or identified to me to be the P/¿Lgt/),(!ll'f and II/œ ftðlJJl¡'/¡- of HILL VIEW DEVELOPMENT CORPORATION and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said HILL VIEW DEVELOPMENT CORPORATION. (S ~~¿f Notary P~or Idaho r Residing at: &/<;6, 1/) Commission expires: //-27 - 2.Pò? STATE OF IDAHO) :ss County of Ada ) On this ß ní day of 8ffi~ , in the year 2003, before me, a Notary Public, personally appeared obert D. Come and Wtlliam G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ....... ~.. .Jtsl!.. .. '--eTA ~~-<'.?,. ~-/.;¡;. -"-'t',A\,.....'. .-J, ';.>". . , , . . , . . . : : ':. ... ;' : . 'À_,C' . ..d'i.'~_UHl...~<~. o. ..1.~OF-1ÍJ~.. ..u.- ~h QA"'f ~ fL> Notary Public for Idaho Residing at: A<k w~-ty .J:) oJw Commission expires: 1- 28 -(9 ':5 DEVELOPMENT AGREEMENT (AZ-O3-006) - 17 EXHIBIT A Lee:aI Description Of Proper tv HILL VIEW 37 ACRES A parcel ofland located in the NE \(, of the SW \(, of Section 6, T. 3N., R. IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the \(, section comer common to Section 6 of said T.3N., R.IE., and Section I ofT.3N., R.l W., B.M., (from which point the southwest corner of Section 6 of said T.3N., R. IE. bears South 00°25'30" East, 2648.31 feet distant); Thence from said \(, section comer, North 88°52'06" East, 1090.61 feet (formerly described as North 89°34'50" East, 1090.53) on the east-west mid-section line of said Section 6 to the northwest comer of the NE \(, of the SW \(, of said Section 6, said point being the REAL POINT OF BEGINNING; Thence North 89°02'39" East, 1314.24 feet (formerly described as North 89°46'32" East, 1313.89 feet) on the east-west mid-section line of said Section 6 to the center \(, section corner of said Section 6; Thence South 00°24'00" East, 1301.12 feet (formerly described as South 00°20'01" West, 1301.12 feet) on the north-south mid-section line of said Section 6 to the southeast comer of said NE \(, of the SW \(,; Thence leaving subdivisional section lines and on the northerly and westerly boundary line of that parcel of land as described in Deed Instrument Number 96048180 of Ada County Records, for the following three courses and distances: Thence North 87°31 '30" West, 268.68 feet (formerly described as North 87°12' II" West, 268.67 feet); Thence South 87°56'25" West, 836.43 feet (formerly described as South 88°15'43" West, 836.43 feet); DEVELOPMENT AGREEMENT (AZ-03-006) - 18 Thence South 00°09' 18" East, 12.00 feet (formerly described as South 00°10'00" West, 12.00 feet) to a point on the southerly boundary line of said NE 'l:í of the SW 'l:í; Thence South 88°25'12" West, 212.42 feet (formerly described as South 88°44'30" West) on the southerly boundary line of said NE y., of the SW 'l:í to the southwest comer of said NE 'l:í of the SW 'l:í; Thence North 00°17"0 I" West, 1315.49 feet (formerly described as North 00°12'43" West, 1315.57 feet) on the westerly boundary line of said NE y., of the SW 'l:í to the real point of beginning. Said parcel contains 39.15 acres more or less. DEVELOPMENT AGREEMENT (AZ-O3-O06) - 19 , , EXHIBIT B Findinl!s of Fact and Conclusions of La wI Conditions of Approval DEVELOPMENT AGREEMENT (AZ-Q3-006) - 20 BEFORE THE MERIDIAN CITY COUNCIL CIC 07-08-03 IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 39.15 ACRES FOR PROPOSED TRAILW AY PARK SUBDMSION, LOCATED ON E. BLUE HERON ROAD, NORTH OF FAIRVIEW ROAD AND E. OF NORTH MERIDIAN ROAD, MERIDIAN, IDAHO HILL VIEW DEVELOPMENT CORPORATION, APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. AZ-03-010 . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on July 8, 2003, at the hour of 7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, and Becky McKay, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT I. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-65 II , and Meridian City Code §§ II-15-5 and II-I6-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles II and 12, Meridian City Code, 'and all current zoning maps thereof, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTJNG APPUCATION FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDMSION (AZ-O3-01O) PAGEl OF 19 and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 39.15 acres in size and is located on E. Blue Heron Road, north ofFairview Road and E. of North Meridian Road, Meridian, Idaho, all within the Area of Impact 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. s. The owner of record of the subject property is Raleigh and Dieuw Hawe and Hillview Development Corporation. The applicant is Hillview Development Corporation. 6. The property is presently zoned RUT (Ada County). 7. The Applicant requests the property be zoned as R-8 (Medium Density Residential). 8. The subject property is bordered to the north by a single-family residential subdivision - R-8, to the south by a Mobile Home Park - R-8, to the east by single-family residential subdivisions - R-4 and R-8, and to the west by a meat packing plant - RI and a single-family residential subdivision - R-IS. 9. The Applicant proposes to develop the subject property in the following manner: A Planned Development consisting of One-hundred and Forty-five Single-family detached lots and Sixteen Single-family attached lots, one "Neighborhood" park and Twenty-three common lots. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDMSION (AZ-O3-01O) PAGE 2 OF 19 10. The Applicant requests zoning of the subject real property as R-8, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use - Neighborhood. II. There are no significant or scenic features of major importance that affect the consideration of this application. 12. The City Council recognizes the concerns of Wendel Bigham, Supervisor of Facilities and Construction for Joint School District No.2, expressed in his letter dated April 24, 2003. 13. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: I. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement shall be required. The following shall be .addressed in the Development Agreement: pathway standards and fencing requirements for the pathway and micropaths. B. Adopt the Recommendations of the Ada County Highway District as follows: I. Dedicate 42-feet of right-of-way on Blue Heron Lane and provide a public right's-of- way road trust deposit for one-half of a 29-foot street section with curb, gutter and S. foot concrete sidewalk, provide 24-feet of pavement as well as the appropriate amount offill required to fill the Jackson Drain on Blue Heron Lane (from the west property line to Eureka Avenue.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDNISION (AZ-03-01O) PAGE 3 OF 19 II. 12. 13. 2. Construct East James Court (from the West property line to North Eureka Place) as a 40-foot street section with vertical curb, gutter and 5-foot concrete sidewalk within 60-feet of right-of-way, as proposed. 3. Construct East James Court (from North Eureka Place to East Cougar Drive) as a residential collector with a 36-foot street section with vertical curb, gutter and a detached 4-foot concrete sidewalk (within an easement) within 50-feet of right- of- way, as proposed. Front on housing and parking is prohibited on this roadway. 4. Construct the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet of right-of-way, as proposed. Construct a 5-foot attached on the majority of the internal roadways, with the exception of a 4-foot detached sidewalk on East Cougar Drive (from East Chateau Drive to East Blue Heron Street), James Court (from North Eureka Avenue to East Cougar Drive) and East Chateau Drive (from East Cougar Drive to North Grouse Avenue), as proposed. 5. Extend East James Court from the west property line approximately 43 O-feet north of the south property line, as proposed. 6. Extend East Willow Brook Drive from the east property line approximately IOO-feet north of the south property line, as proposed. 7. Extend Blue Heron Street from the east property line approximately I OO-feet south of the north property line, as proposed. 8. Extend Capecod Way from the north property line approximately 370-feet west of the east property line, as proposed. 9. Extend North Eureka Avenue from the North property line approximately lOa-feet east of the west property line, as proposed. 10. Extend Blue Heron Lane from the west and north property lines, as proposed. Construct one cul-de-sac turnaround at the north end of Eureka Place, as proposed. Provide a minimum turning radius of 45-feet. Construct two knuckles within the subdivision, as proposed. The design shall be reviewed and approved by ACHD's Development staff. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDMSION (AZ-03-01O) PAGE4 OF 19 4. s. 6. 7. 8. 9. shall be required on the final plat. 14. Direct lot access to the segment of James Court (from the west property line to Cougar Drive) is prohibited. 15. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387- 6258 (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. 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. 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-way. The applicant at no cost to ACHD shall repair existing utilities damaged by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDMSION (AZ-O3-01O) PAGE 5 OF 19 C. 2. 3. 4. s. 6. 7. the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground with ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions 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. II. 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. Adopt the Recommendations of the Meridian Fire Department as follows: I. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to serve the entire project. Fire hydrants shall be placed an average of 400' apart. I9~7 UFC Appendix Ill-A 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, which are submitted to the Public Works Department. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. AIl roads shall have a turning radius of28' inside and 48' outside. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 9D1.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING 1RAIL WAY PARK. SUBDNISION (AZ-O3-010) PAGE6 OF 19 D. E. 3. 4. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. Nampa & Meridian Irrigation District requires a land-use change application. All storm drainage must be retained on site. All lateral and waste ways must be protected. The Developer must comply with Idaho Code #31-3905. 2. Nampa & Meridian's Jackson Drain courses through the center of the proposed project. The easement of the Jackson Drain must be protected and any encroachment without approved plans and a signed license agreement is unacceptable. Adopt the action of the City Council taken at their July 8, 2D03 meeting as follows: 1. The applicant shall not be required to provide the 35' landscape buffer on the west end of the property. The existing ponds adjacent to the property serve as significant buffers from the meat processing facility. 2. The applicant shall be required to build an asphalt pathway, according to the Nampa & Meridian Irrigation District standards or the Parks Department standards, and pipe the drain through the pocket park within the middle section of this amenity. The applicant shall be required to submit a plan to the Planning and Zoning Department for approval of the playground equipment or recreation equipment to be used for this amenity. Also, this pathway shall be included within the plat notes that the pathway is for multi-use and not for private access only. In .the event that Nampa & Meridian Irrigation District requires a License Agreement with the City for the pathway along the Jackson Drain, the Homeowner's Association shall enter into an indemnity agreement whereby it will assume the obligations of the City under the License Agreement, and, defend and hold the City harmless from any liability asserted for violation of, or arising out of, the License Agreement. The applicant shall be allowed to upgrade the existing pressure irrigation pump station for Fothergill Subdivision, if the Nampa & Meridian Irrigation District gives their written approval and the applicant submits said written approval to the Planning and Zoning Department, which would then become a regional pump station for Fothergill subdivision and the Trailway Park Subdivision. The applicant shall also submit recommendation to the Planning and Zoning Department setting forth who will actually own and maintain said pump station. Pertaining to the headgate, which is located on Mr. Fothergill's property, the applicant shall work with the Nampa & Meridian Irrigation District to determine if the headgate has a present purpose, or if it can be abandoned and removed. Applicant shall work with neighbors to resolve this issue. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING TRAIL WAY PARK SUBDIVISION (AZ-03-01O) PAGE 7 OF 19 s. The Watts Lateral, which courses through part of the project, is a user's ditch, and Settler's Irrigation District is not requiring a separate lot but only that the applicant shall pipe the ditch along the perimeter which courses through the project, and to provide an easement for access for the District. The easement width shall be as agreed upon between Settler's Irrigation District and the applicant. 6. Pertaining to the fencing requirements for the pathway and micro-paths within this project, any lots that run with the pathway and/ormicro-paths shall either be an open vision fence or solid fencing with a maximum height of four feet. The applicant shall submit a fencing plan to the Planning and Zoning Department for approval. 7. The revised plat for this project is dated June 27, 2003, and is hereby approved. 14. It is found that the requested zoning designation, R-8, is harmonious with and in accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Mixed Use Neighborhood". The Comprehensive Plan also indicates that the subject property should have a"Multi Use" pathway running north-south through the subdivision along the Jackson Drain. Page 54 of the Comprehensive Plan addresses the issue of pathways and states that they should be in compliance with the Parks and Recreation Comprehensive Plan (not yet adopted) and that the pathway should be located "off street". The applicant has indicated that they will construct a 10' asphalt multi-use pathway along the Jackson Drain. The Parks Department has indicated that they will maintain the pathway if the applicant provides 5' of gravel on each side of the pathway. If the applicant does not provide this configuration for the pathway the Parks Department has recommended that the pathway be maintained by the Homeowner's Association until the pathways to the north and south of the subdivision are completed and can be connected. IS. future. It is not anticipated that the applicant intends to rezone the subject property in the FJNDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAYPARK SUBDMSION (AZ-03-OlO) PAGE 8 OF 19 16. It is found that the proposed single fanùly residential subdivision would be allowed within the requested R-8 zone, if accompanied with a Conditional Use Permit for a Planned Development. 17. It is found that the land to the north and east of the subject property has been developed as residential subdivisions similar to the proposed subdivision. It is found that the requested zoning designation of R-8 is harmonious with the recently approved adjacent developments and should be rezoned as requested. 18. It is found that the proposed use (single family residential) will not change the existing (single family) or intended character (single family and mixed use) of the area. 19. It is not anticipated that the proposed residential uses will be hazardous or disturbing to future or existing neighbors. 2D. It is found that the property to be annexed will or can be served adequately by all essential public facilities and services.. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. The Fire Department has made the following recommendations: Prohibit parking in the turnaround on Block 8 or place building envelopes on the plat prohibiting the placement of structures in the rear oflots #23, 24, 25, 27, and 28. This is recommended due to the proposed configuration of the turnaround which would make it impossible for fire trucks to reach the homes on lots #23, 24, 25, and 27 if cars were parked in the turnaround. By requiring building envelopes to restrict structures on the rear oflots #23, 24, 25, and 27 the fire department would be able to ensure that their firefighting equipment could reach the homes on these lots in the event of a fIfe. Review of the ACHD, Police and Fire Department's comments concerning this subdivision will provide further information regarding public services and facilities. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDMSION (AZ-03-01O) PAGE 9 OF 19 21. 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. 22. It is found that the proposed subdivision will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. The fact is recognized that traffic and noise will increase significantly upon build-out of the proposed subdivision; however, it is felt that the amount generated will be detrimental to the public welfare of the city. 23. It is found that the subdivision's vehicular approaches off Blue Heron Lane, E. James Court, E. Willow Brook Drive, and E. Blue Heron Street will not cause significant interference on the surrounding public streets. Review ACHD comments concerning vehicular approaches and traffic generation. 24. The applicant is proposing to pipe a portion of the Jackson Drain which runs through TrailwayPark Subdivision's proposed park. Meridian's Comprehensive Plan designates the Jackson Drain as a creek that needs to be improved and protected. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 25. It is found that services are available to the site and that the inclusion of a pathway that will become a part of Meridian's pathway system makes the annexation of this property in the best interest of the City. 26. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDIVISION (AZ-03-01O) PAGE 10 OF 19 economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 27. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDMSION (AZ-03-01O) PAGE 11 OF 19 Resolution No. 02-382. 4. The zoning of(R-8) Medium Density Residential is defined in the Zoning Ordinance at§ 11-7-2D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City 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. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK. SUBDMSION (AZ-03-01O) PAGE 12 OF 19 I. The applicant's request for annexation and zoning of approximately 39.15 acres to Medium Density Residential (R-8), is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of39.lS acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to 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 Recommendations of the Planning and Zoning and Engineering Staff as follows: I. Remove any existing domestic wells andlor septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells maybe used for non-domestic purposes such as landscape irrigation. 2. A Development Agreement shall be reqnired. The following shall be addressed in the Development Agreement: pathway standards and fencing requirements for the pathway and micropaths. 8. Adopt the Recommendations of the Ada County Highway District as follows: I. Dedicate 42-feet of right-of-way on Blue Heron Lane and provide a public right's-of- way road trust deposit for one-half of a 29-foot street section with curb, gutter and 5- foot concrete sidewalk, provide 24-feet of pavement as well as the appropriate amount offill required to fill the Jackson Drain on Blue Heron Lane (from the west property line to Eureka Avenue.) 2. Construct EastJames Court (from the West property line to North Eureka Place) asa 40-foot street section with vertical curb, gutter and S-foot concrete sidewalk within 60-feet of right-of-way, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDIVISION (AZ-O3-01O) PAGE 13 OF 19 13. 14. 3. Construct East James Court (from North Eureka Place to East Cougar Drive) as a residential collector with a 36-foot street section with vertical curb, gutter and a detached 4-foot concrete sidewalk (within an easement) within 50-feet of right- of- way, as proposed. Front on housing and parking is prohibited on this roadway. 4. Construct the internal roadways as 36-foot street sections with curb, gutter and sidewalk within 50-feet of right-of-way, as proposed. Construct a 5-foot attached on the majority of the internal roadways, with the exception of a 4-foot detached sidewalk on East CougarDrive (from East Chateau Drive to East Blue Heron Street), James Court (from North Eureka Avenue to East Cougar Drive) and East Chateau Drive (from East Cougar Drive to North Grouse Avenue), as proposed. 5. Extend East James Court from the west property line approximately 430-feet north of the south property line, as proposed. 6. Extend East Willow Brook Drive from the east property line approximately IOO-feet north of the south property line, as proposed. 7. Extend Blue Heron Street from the east property line approximately I OO-feet south of the north property line, as proposed. 8. Extend Capecod Way from the north property line approximately 370-feet west of the east property line, as proposed. 9. Extend North Eureka Avenue from the North property line approximately IOO-feet east of the west property line, as proposed. 10. Extend Blue Heron Lane from the west and north property lines, as proposed. II. Construct one cul-de-sac turnaround at the north end of Eureka Place, as proposed. Provide a minimum turning radius of 45-feet. 12. Construct two knuckles within the subdivision, as proposed. The design shall be reviewed and approved by ACHD's Development staff. Anyproposed landscape islandslmedians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. Direct lot access to the segment of James Court (from the west property line to Cougar Drive) is prohibited. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING lRAILWAYPARK SUBDIVISION (AZ-03-01O) PAGE 14 OF 19 IS. 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. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb; gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file 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 ofIdaho shall prepare and certifY all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance ofbuilding pennit (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. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground with ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAY PARK SUBDMSION (AZ-03-01O) PAGE 15 OF 19 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. II. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. That a fire-flow of 1,000 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 500' apart. 1997 UFC Appendix III-A. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction beings. UFC 901.4.2 & 901.3 3. The location of the fire hydrants shall be approved by the Meridian Fire Department and shall be submitted thru the Public Works Department. 4. All radii shall be 28' inside and 48' outside radius. S. Provide an approved turnaround for all streets greater than 150' in length that have no outlet. This may be an issue during the phasing of the project. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. Nampa & Meridian Irrigation District requires a land-use change application. All storm drainage must be retained on site. All lateral and waste ways must be protected. The Developer must comply with Idaho Code #31-3905. 2. Nampa & Meridian's Jackson Drain courses through the center of the proposed proj ect. The easement of the Jackson Drain must be protected and any encroachment without approved plans and a signed license agreement is unacceptable. D. Adopt the action of the City Council taken at their July 8,2003 meeting as follows: 1. The applicant shall not be required to provide the 35' landscape buffer on the west FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDIVISION (AZ-03-01O) PAGE 16 OF 19 7. end of the property. The existing ponds adjacent to the property serve as significant buffers from the meat processing facility. 2. The applicant shall be required to build an asphalt pathway, according to the Nampa & Meridian Irrigation District standards or the Parks Department standards, and pipe the drain through the pocket park within the middle section of this amenity. The applicant shall be required to submit a plan to the Planning and Zoning Department for approval of the playground equipment or recreation equipment to be used for this amenity. Also, this pathway shall be included within the plat notes that the pathway is for multi-use and not for private access only. In the event that Nampa & Meridian Irrigation District requires a License Agreement with the City for the pathway along the Jackson Drain, the Homeowner's Association shall enter into an indemnity agreement whereby it will assume the obligations of the City under the License Agreement, and, defend and hold the City harmless from any liability asserted for violation of, or arising out of, the License Agreement. 3. The applicant shall be allowed to upgrade the existing pressure irrigation pump station for Fothergill Subdivision, if the Nampa & Meridian Irrigation District gives their written approval and the applicant submits said written approval to the Planning and Zoning Department, which would then become a regional pump station for Fothergill subdivision and the Trailway Park Subdivision. The applicant shall also submit recommendation to the Planning and Zoning Department setting forth who will actually own and maintain said pump station. 4. Pertaining to the headgate, which is located on Mr. Fothergill's property, the applicant shall work with the Nampa & Meridian Irrigation District to determine if the headgate has a present purpose, or if it can be abandoned and removed. Applicant shall work with neighbors to resolve this issue. 5. The Watts Lateral, which courses through part of the project, is a user's ditch, and Settler's Irrigation District is not reqniring a separate lot but only that the applicant shall pipe the ditch along the perimeter which courses through the project, and to provide an easement for access for the District. The easement width shall be as agreed upon between Settler's Irrigation District and the applicant. 6. Pertaining to the fencing requirements for the pathway and micro-paths within this project, any lots that run with the pathway and/or micro-paths shall either be an open vision fence or solid fencing with a maximum height of four feet. The applicant shall submit a fencing plan to the Planning and Zoning Department for approval. The revised plat for this project is dated June 27, 2003, and is hereby approved. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAILWAYPARK SUBDIVISION (AZ-O3-01O) PAGE 17 OF 19 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District and Meridian City Code § 11-7-2. 5. Subsequentto the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. 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 concerning the matter at issue. A request for a regulatory takings 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 of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2-2 Ylel day of xv 11 ,2003. ROLL CALL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDIVISION (AZ-03-OIO) PAGE 18 OF 19 COUNCILMAN KEITH BIRD VOTED -----tl. ~ COUNCILWOMAN TAMMY deWEERD VOTED ~ VOTED ~ COUNCILWOMAN CHERIE Me CANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED ~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: f)-ZZ-03 VOTED~ MOTION: APPROVED: x /' Attest: BY~.Þ~ 9--- Dated: ?~ Zf---o 7 City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING TRAIL WAY PARK SUBDIVISION (AZ-03-01O) PAGE 19 OF 19 Mendlan Planning and Zoning Commission June 5, 2003 Pg 1901100 Zaremba: i assume that's a happy move for you. Congratulations. It's not so happy for us, McKinnon: Sorry about the surprise. Item 7. Item 8. Item 9. Public Hearing: AZ 03-010 Request for annexation and zoning of 39.15 acres from RUT to R-8 (PO) for proposed Trailway Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: Public Hearing: PP 03-011 Request for Preliminary Plat approval of 161 building lots and 25 other lots on 39.15 acres in a proposed R-8 (PO) zone for proposed Trailway Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: Public Hearing: CUP 03-021 Request for a Conditional Use Permit for a Planned Development for single-family residential use with reduced setbacks, lot sizes, lot frontages, and house sizes in a proposed R-8 (PO) zone for proposed Trailway Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: Borup: Okay. Next item for Trailway Park Subdivision. We'd iike to -- we have three hearings in conjunction with that project. We'd like to open Public Hearing AZ 03-010, request for annexation and zoning of 39.15 acres from RUT to R-8, pianned development for proposed Traiiway Park Subdivision by Hillview Development Corporation. Also PP 03-011, request for Preliminary Plat approval of 161 building lots and 25 other lots on the same 39.15 acres. Also CUP 03-012, request for a Conditional Use Permit for a planned development for single family residential use with reduced setbacks, lot sizes, lot frontages, house sizes, in a proposed R-8 PO zone for Proposed Trailway Park Subdivision by Hillview Development Corporation. Again. we'd like to open all three Public Hearings at this time and start with the staff report. Kirkpatrick: Mr. Chairman, Members of the Commission, again, this is three applications, an annexation and a Rezone of 39.14 acres. It is currently zoned RUT and is located in the county. They are proposing a Rezone to R-8. The application aiso consists of a Conditional Use Permit and a planned development for what will be 145 single family detached dwellings and 16 single family attached dwellings. There will be a total of 161 buildable lots. The applicant is also requesting reduced lot sizes, reduced frontage, reduced setbacks, reduced house sizes for the zone, and to exceed block length requirements. They will -- this will be done through the planned development. The property is located on East Blue Heron Road, north of Fairview Road, and east of North Meridian Road. What I'm going to do, briefly, is go to what I think will be some of the major issues that will come up while you discuss this application. These are things that staff has asked for the applicant to change in order for staff to recommend approval Meridian City Councit Meeting July 8. 2003 Page 190f58 MOTION CARRIED: ALL AYES Item 12. Item 13. Item 14. Public Hearing: AZ 03-010 Request for annexation and zoning of 39.15 acres from RUT to R-8 (PO) zones for proposed Trailwav Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: Public Hearing: PP 03-011 Request for Preliminary Plat approval of 161 building lots and 25 other lots on 39.15 acres in a proposed R-8 (PO) zone for proposed Trailwav Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: Public Hearing: CUP 03-021 Request for a Conditional Use Permit for a Planned Development for single-family residential use with reduced setbacks, lot sizes, lot frontages, and house sizes in a proposed R-8 (PO) zone for proposed Trailwav Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: Corrie: Item Numbers 12, 13, and 14 are Public Hearings on Traiiway Park Subdivision. One is AZ 03-010, a request for annexation and zoning of 39.15 acres from an RUT to R-8 PO zones for the Trailway Park Subdivision. The second Public Hearing is the Preliminary Plat approval of 161 iots -- building lots and 25 other lots on 39.15 acres. And the third part is a CUP, request for Conditional Use Permit for a Planned Development for single family residential use with reduced setbacks, lot sizes. front -- lot frontages and house sizes in a proposed R-8 PO zone for the proposed Trailway Park Subdivision. With the Council's approval, we will open all three public hearings, 12, 13 and 14, and take testimony on all three of them and we will start out with staff comments first. Powell: Mr. Mayor, Members of the Council, as you can tell from the overhead, this is an in-fill development. The property has no less than six stub streets, two from the west, two from the north, and two from the east. There is an existing use here for a meat packing faciiity that is still within the county and, then, this is the large in-fill project that's before you tonight. Again, you can see the level of development. There is -- the meat packing facility is here. This large piece of property is apartments. You also have apartments in this area. Then, single-family homes in this area. These appear to be mobile homes down here. One issue of concern that came up was the property owned by the meat packing facility, which are these two properties. Forgive me, I'm not. -- I can't recall if this is included as well, but these are the two properties. There is a lagoon here and here. This is kind of the secondary lagoon this is the primary one, where they do wash out their facilities. The effluent goes underneath and into this first lagoon here, This is the proposed development. The drain comes through the property here providing a constraint. In addition to all of the stub streets, there is the additional constraint of having a drain -- a major drainage facility comes through the property, The applicants have proposed some attached units to the west and the remainder of the Meridian City Couneii Meeting Juiy 22, 2003 Page 6 of 78 K. Linder Road Water Line Extension Latecomer Agreement for Farwest, LLC - Lochsa Falls Subdivision: L. Finance Report: Corrie: Okay, The next item is the Consent Agenda and we noted that we are pulling Items A -- or, excuse me, Items 4F, G, and H, to be on the items moved from the agenda. Is there any other discussion on the Consent Agenda? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move that we approve the Consent Agenda with the removal of F, G. and H and authorize the Mayor to sign and Clerk to attest all appropriate papers. Nary: Second. Corrie: Okay. Motion has been made and seconded to approve the Consent Agenda, except for Items F, G, and H, which were removed to Item Number 6. Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, absent. MOTION CARRIED: THREE AYES, ONE ABSENT Item 5. Department Reports: Corrie: The next item is the department reports. Do we have any department reports at this time? Item 60 (Items Moved from Consent Agenda) Go F. Findings of Fact and Conclusions of Law for Approval: AZ 03- 010 Request for annexation and zoning of 39.15 acres from RUT to R-8(PD) zones for proposed Trailwav Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: Findings of Fact and Conclusions of Law for Approval: PP 03- 011 Request for Preliminary Plat approval of 161 building lots and 25 other lots on 39.15 acres in a proposed R-8(PD) zone for proposed Trailwav Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: Meridian City Council Meeting September 2.2003 Page2of51 MOTION CARRIED: ALL AYES Item 3. Consent Agenda: A. Approve minutes of August 19, 2003 Pre-Council Meeting: B. Approve minutes of August 26, 2003 Pre-Council Meeting: C. Findings of Fact and Conclusions of Law to Amend Conditions of Approval: FP 03.038 Request to amend conditions of approval on the Final Plat for Packard Acres No.2 by the City of Meridian - east of North Wingate Lane and south of East Ustick Road: D. Development Agreement: AZ 03-010 Request for annexation and zoning of 39.15 acres from RUT to R-8 (PO) zones for proposed Trailwav Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: E. Sewer and Water Main Easements for Meridian School District Bus Facility: F. Sewer and Water Main Easements for Cobre Basin Subdivision No.1: G. Change Order No.1 for 2003 Sewer Cleaning - C.More Pipe: H. Agreement for Professional Services for Sewer Master Plan Update - JUB Engineers: I. Approve Bills: Corrie: Next we have the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk attest on all proper papers. McCandless: Second. Mendian City Council Meeting September 2, 2003 Page 3 of 51 Corrie: Motion has been made and seconded to approve the Consent Agenda. A through I. Any further discussion? Hearing none, roll call vote, Mr. Berg. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye, Corrie: All ayes. Motion carried. MOTION CARRIED: ALL AYES Item 4. Department Reports: Corrie: The next is Department Reports. Is Kenny here tonight? I just wanted to make sure that everybody is aware that the auditorium at the middle school. They want to have a signed consent for two hours for October 9, 2003, for the Fire Department academy graduation and everything was in order here, I believe, Mr. Nichols, that we just need to have me sign it to allow them to have the academy graduation there. I don't -- unless you have any objections to the signing. Bird: No. Corrie: All right. Thank you. Nichols: Mr. Mayor? Corrie: Yes. Nichols: Mr. Mayor, Members of the' Council, this is a standard form agreement the school district requires of every entity that uses their facility. It covers insurance, janitorial, and those sorts of things and as often as we might use those facilities, it might be, you know, a continuing type approval to do that, as long as it's nothing out of the ordinary. I guess we might ask them -- of course, they no longer use this facility and I don't think we have asked them to do it before when they have used this facility for their meetings, so -- but they required it. Corrie: Anything further on that, then? Okay. I don't know about Kenny, but thank you, Item 5. (Items Moved from Consent Agenda) Corrie: Number 5 is items moved from the Consent Agenda. We haven't any, Item 6. Ordinance No. AZ 03-010 Request for annexation and zoning of 39.15 acres from RUT to R-8 (PD) zones for proposed Trailwav Park Subdivision by Hillview Development Corporation - east of North Meridian Road and south of East Blue Heron Lane: