Courtyards at Ten Mile Subdivision AZ 03-009
PARTIES:
ADA COIJNTY RECOROER J. DAVID NAVARRO
BOISE IDAHO 10/30/03 11:06 AM
DEPIJTY Bonnie Oberbillig
RECOROED-REOIJEST OF
Meridian City
AMOIJNT .00
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46
1111111111111111111111111111111 111111
103184142
DEVELOPMENT AGREEMENT
Revised 10/22/03
1.
2.
3.
City of Meridian
Anthony Gamer and Tracey Gamer, Owners
Thomas M. BevanlDTE Development, L.L.C., Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this~ day of (X.,ï°'B6R. ,2003, by and between CITY OF
MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY', and
ANTHONY GARNER and TRACEY GARNER, whose address is 680 N. Ten Mile
Road, Meridian, Idaho 83642, hereinafter called "OWNERS", and THOMAS M.
BEV ANIDTE DEVELOPMENT, L.L.C., whose address is 4202 N. Marcliffe Avenue,
Boise, Idaho 83704, hereinafter called "DEVELOPER".
I.
1.2
1.3
1.4
RECITALS:
1.1
WHEREAS, "OWNERS" are the sole owners, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
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. § 67-651 lA, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
[hat the "Owners" or "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 annexation and/or re-zoning of
land; and
WHEREAS, "Owners" and "Developer" have submitted an
application for annexation and zoning of the "Property's"
described in Exhibit A, and has requested a designation of (R -IS)
Medium High Density Residential District and (C-N)
DEVELOPMENT AGREEMENT (AZ-O3-009)
PAGE I OF 25
1.8
1.9
1.9
Neighborhood Business District, (Municipal Code of the City of
Meridian); and
1.5
WHEREAS, "Owners" and "Developer" made representations at
the public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
subject "Property" will be developed and what improvements will
be made; and
1.6
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
before the Planning & Zoning Commission, and subsequently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment;
and
1.7
WHEREAS, City Council, the I {p-f/-. day of
8~ ' 2003, has approved certain Findings
ofFac and ConclusIOns of Law and DeclSlon 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 "Developer"
to enter into a development agreement before the City Council
takes final action on annexation and zoning designation; and
"OWNERS" and "DEVELOPER" deem it to be in its best
interest to be able to enter into this Agreement and acknowledges
that this Agreement was entered into voluntarily and at its urging
and requests; and
WHEREAS, "City" requires the "Owners" and "Developer" to
enter into a development agreement for the purpose of ensuring
that the "Property" is developed and the subsequent use of the
"Property" is in accordance with the 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 govemment subdivisions providing
DEVELOPMENT AGREEMENT (AZ-O3-009)
PAGE 2 OF 25
services within the planning jurisdiction and from affected property
owners and to ensure annexation and zoning designation is in
accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and the
Zoning and Development Ordinances codified in Meridian City
Code Title 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 derIDed and interpreted as
herein provided for, unless the clear context of the presentation of the same requires
otherwise:
3.2
3.3
3.4
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 Anthony Gamer and Tracey
Garner, whose address is 680 N. Ten Mile Road, Meridian, Idaho
83642, the parties developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
"DEVELOPER": means and refers to Thomas M. BevanlDTE
Development, L.L.C., whose address is 4202 N. Marcliffe Avenue,
Boise, Idaho 83704, the party developing said "Property" and shall
include any subsequent owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-I5 and C-N, attached hereto and by this reference
incorporated herein as if set forth at length.
DEVELOPMENT AGREEMENT (AZ-O3-009)
PAGE 3 OF 25
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 Πand H) which are herein specified as follows:
Construction and development of 31 building lots and 5 other
lots on 11 acres, in proposed R-15 and CoN zones.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and
"Developer" have submitted to "City" an application for conditional use permit, and shall
be required to obtain the "City's" approval thereof, in accordance to the City's Zoning &
Development Ordinance criteria, therein, provided, prior to, and as a condition of, the
commencement of construction of any buildings or improvements on the "Property" that
require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A
"Owners" and "Developer" shall develop the "Property" in accordance
with the following special conditions:
A.
Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
ANNEXATION AND ZONING COMMENTS
I. Remove any existing domestic wells and/or septic systems within this project from
their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-
domestic purposes such as landscape irrigation.
B.
Adopt the Ada County Highway District's Recommendations as follows:
Site Specific Conditions of Approval
I. Ten Mile Road, including the signalization of the intersection ofTen Mile
DEVELOPMENT AGREEMENT (AZ-O3-009)
PAGE 4 OF 25
RoadlPine Avenue, is listed as a project in the District's currently adopted Five Year
Work Program and in the currently adopted CIP. As such, the applicant may receive
reimbursement for dedicated right-of-way from available impact fees. The applicant
shall dedicate 48-feet of right-of-way from the centerline ofTen Mile Road and 45-
feet of right-of-way, tapering to 37-feet, from the centerline of Pine Avenue abutting
the site. Further, the applicant shall construct a 5-foot wide concrete sidewalk on Ten
Mile Road and Pine Avenue. Coordinate the dedication of the right-of-way and the
location, design and construction of the sidewalk with District staff. However, if
funds cannot be secured for the purchase of the above-mentioned right-of-way, the
applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement
whereby the applicant is reimbursed from impact fees to be collected
solely from the applicant's specific development project) 48-feet of
right-of-way along Ten Mile Road and 4S-feet of right-of-way tapering
to 37-feet along Pine Avenue, and construct a minimum 5-foot wide
concrete sidewalk along the roads. Coordinate the location and design
of the sidewalk with District staff.
b. Do not dedicate additional right-of-way, but construct a minimum 5-
foot wide concrete sidewalk along Ten Mile Road and Pine Avenue in
its ideal location with an easement provided to the District. Coordinate
the location and design of the sidewalk with District staff.
c. Provide a road trust deposit in the amount of $20,680, to be used for
future sidewalk construction along the applicant's frontage.
2.
Construct a right-inJright-out driveway on Ten Mile Road located approximately
230-feet south of Pine Avenue (measured near edge to near edge). Pave the right-
in/right-out restricted driveway on Ten Mile Road to its full width (maximum 36-
feet) and at least 3D-feet into the site beyond the edge of pavement of the roadway
and install pavement tapers with IS-foot radii abutting the existing roadway edge.
Coordinate the design of the right-inlright-out restricted driveway on Ten Mile
Road with District Traffic staff.
3.
Construct a driveway on Pine Avenue located approximately 220-feet east ofTen
Mile Road (measured near edge to near edge). Pave the driveway on Pine Avenue
to its full width (maximum 36-feet) and at least 30-feet into the site beyond the
edge of pavement of the roadway and install pavement tapers with IS-foot radii
DEVELOPMENT AGREEMENT (AZ-O3-009)
PAGE 5 OF 25
abutting the existing roadway edge. If the driveway is constructed as right-
in/right-out only, coordinate the design of the driveway with District Traffic staff.
4.
Construct Treva Way and Marco Avenue as 40-foot street sections with curb,
gutter and S-foot sidewalk within 54-feet of right-of-way as proposed.
S.
Construct Marbeth Court as a 36-foot street section with curb, gutter and S-foot
wide concrete sidewalk within 50-feet of right-of-way as proposed. Construct a
District approved turnaround for Marbeth Court, with a minimum of a 29- foot
street section on either side of any proposed center island within the turnaround. If
a center island is constructed within the turnaround, it shall be owned and
maintained by a homeowners association. Notes of this should be required on the
fmal plat.
6.
Any islandslroundabouts within the right-of-way shall be a minimum of 4-feet
wide with a minimum area of lOa-square feet and designed to safely channel
traffic. Coordinate the size and design of any roundabouts located in the right -of-
way with Traffic Services staff. Any proposed landscape
islandslmedianslroundabouts within the public right-of-way shall be owned and
maintained by a homeowners association. Notes of this should be required on the
final plat.
7.
Any driveway(s) on Marco Avenue and Treva Way should be located a minimum
of 50-feet back from the near edge of Pine Street and Treva Way.
8.
Other than the access points specifically approved with this application, direct lot
or parcel access to Ten Mile Road and Pine A venue is prohibited.
9.
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.
DEVELOPMENT AGREEMENT (AZ-O3-009)
PAGE 6 OF 25
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280
(with file numbers) for details.
s.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7.
Construction, use and property development shall be in 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
(1-800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10.
No change in the terms and conditions 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.
DEVELOPMENT AGREEMENT (AZ-D3-009)
PAGE 7 OF 25
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 Recommendations of Meridian's Fire Department as follows:
I. One and two family dwellings will require a fire-flow of I ,000 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 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.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department
thru the Public Works Department.
S. 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 turn around.
8. 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
9. All access roads leading into and within the project shall have a clear driving surface
with a minimum width of20' available at all times. UFC 902.2.2.1
DEVELOPMENT AGREEMENT (AZ-O3-009)
PAGE 8 OF 25
D.
Adopt the Recommendation ofNarnpa & Meridian Irrigation District as follows:
I. Applicant shall apply for a land use change/site application.
2. All Storm Drainage must be retained on site.
3. All laterals and waterways must be protected.
4. The Developer must comply with Idaho Code 31-3805.
S. Nampa & Meridian Irrigation District recommends that Irrigation be made available
to all lots.
E. Adopt the Recommendations of the Central District Health Department as
follows:
I. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's 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.
S. 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 September 2,2003 meeting as
follows:
1.
Per the testimony of Rod Ralphs, an error was made in the ACHD report, and to
clarify the bike lane, the bike lane shall be on the west side ofTen Mile, not the east
side.
DEVELOPMENT AGREEMENT (AZ-D3-009)
PAGE 9 OF 25
2.
The developer shall be required to construct the following:
. Construct an additional lane on Pine Street at the intersection ofTen Mile. This
additional lane will allow one turn lane for left turning movements, and another
lane for straight/right movements. The improvement should decrease the cut-
through traffic through the Thundercreek Subdivision because the intersection
will operate more efficiently with fewer cars stacked east on Pine Street.
. Construct an additional lane on the north leg ofTen Mile Road at the intersection
of Pine Street. This additional lane will allow one turn lane for left turning
movements, and another lane for straight/right movements.
. Construct sidewalk on the east side ofTen Mile Road up to the Pine Street
intersection, abutting the church site.
3.
For clarification, the developer proposes to phase the project construction. The first
phase shall consist of residential. Phases 2 and 3 shall involve the commercial
parcels, with Phase 2 being the office buildings. The larger commercial buildings
shall be built later which would be closer to the time ACHD is scheduled to build out
Ten Mile and Pine.
4.
The developer shall pave the additional width necessary to accommodate turn lanes
and wider shoulders. Sidewalks on the west side shall be within the existing ROW.
PRELIMINARY PLAT REOUIREMENTS:
G. Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
SITE SPECIFIC COMMENTS (preliminary plat)
1.
Sanitary sewer service to this project is being proposed via a temporary lift station
being installed as part of the Mosher's Farm project. The applicant will be
responsible to construct lateral sewer mains (including dry-line) to and through this
proposed development. The subdivision designer to coordinate main sizing and
routing with the Public Works Department. Revise the preliminary plat to provide a
2O-foot wide easement between Lots 29 & 30, Block 2, or re-route the sewer so as
not to be between lots.
DEVELOPMENT AGREEMENT (AZ-O3-009)
PAGE IOOF25
9.
2.
Domestic water service to this site shall be via new main extensions from the existing
mains adjacent to the property Subdivision designer to coordinate main sizing and
routing with the Public Works Department.
3.
Ordinance 12-13-10-3, Applicability of Street Buffers, requires that all street buffers
at subdivision boundaries be placed on a common lot, maintained by a homeowner or
business-owners association. Applicant shall submit a revised preliminary plat at
least 10 days prior to the next public hearing that shows the landscape buffer along
Ten Mile Road and Pine Street within a common lot.
4.
Required fencing along micropaths is to be 4' in height and shall be installed by the
developer.
s.
The developer shall be required to install all parkway trees within each phase of the
development prior to any Certificates of Occupancy being issued.
6.
Fencing details shall be submitted with the Final Plat application. Fencing adjacent to
pathways or the common area lots shall not be over three feet in height if constructed
of a solid material, and shall not be more than 4 feet in height if it is non-sight
obscuring. A solid, 6-foot high perimeter fence shall be installed prior to any building
permits being issued, unless agreed to otherwise in writing by the Planning Director.
7.
All adjacent agricultural uses shall be protected and a note added to the face of the
plat regarding the Right to Farm Act.
8.
The required landscaping and irrigation system shall be installed prior to the issuance
of a Certificate of Occupancy for any building on any lot created by the subdivision.
Landscaping and fencing must be bonded for prior to applying for building permits.
Underground pressurized irrigation must be provided to all landscape areas on site.
The applicant has indicated that the pressurized irrigation system within this
development is to be owned and maintained by the Narnpa & Meridian Irrigation
District.
10.
The City of Meridian requires that pressurized irrigation systems be supplied by a
year-round source of water. If a creek or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection
is utilized, the developer shall be responsible for the payment of assessments for the
common areas prior to signature on the final plat by the Meridian City Engineer.
DEVELOPMENT AGREEMENT (AZ-O3-009)
PAGE 11 OF 25
4.
11.
The applicant has submitted a statement indicating that they will be providing on-site
soilslgroundwater investigation prior to fmal plat approval, and that depth to
groundwater should be similar to depths measured in the Mosher's Farm project.
Please submit all initial excavation information to the Public Works Department for
review, and updated groundwaterlsoils monitoring data to the Public Works
Department. AIl drainage areas (detention/retention basins) must be designed to
ensure that water is retained only during IOO-year storm events, and for a period of
time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: I.
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 of 3-feet above the highest established
normal groundwater elevation. This is to ensure that the bottom elevation of the
crawl spaces of homes is at least I-foot above groundwater.
GENERAL COMMENTS (preliminary plat)
I.
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.
2.
Coordinate fITe hydrant placement with the City of Meridian Public Works
Department.
3.
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.
Two-hundred-fiftyand one-hundred-watt, high-pressure sodium streetlights will be
required at locations designated by the Public Works Department. AIl streetlights
shall be installed at subdivider's expense. Typical locations are at street intersections
and/or fIre hydrants.
s.
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-O3-009)
PAGE 12 OF 25
6.
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.
7.
Any drainage areas (detension/retension basins) must be designed to ensure that
water is retained only during IOO-year storm events, and for a period of time not to
exceed 24 hours. Side slopes within drainage areas shall not exceed 3: I.
8.
Graphically depict any FEMA flood plain boundaries. Note restrictions associated
with the flood zone on the face of the preliminary plat.
9.
Performance specifications for the common area pressurized irrigation system shall
be submitted with each Final Plat application.
H. Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
SITE SPECIFIC COMMENTS (Conditional Use Permit)
1.
Applicant shall meet all of the requirements of the preliminary plat as a condition of
the Conditional Use Permit.
2.
The proposed bank and gas station will require CUP applications. Additionally, a
detailed list of approved and conditional uses shall be included in the Development
Agreement.
3.
All office or commercial uses proposed within the development not specifically listed
in the Development Agreement shall be required to apply for a conditional use permit
for a plarmed development prior to construction.
4.
AIl development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
s.
No building permits shall be issued within the development until a Final Plat has
been recorded for the subdivision.
6.
The applicant wishes to reduce the front of garage setback to 18 feet. This will not
be allowed if permanent parking is proposed in front of the garages. Temporary
guest parking is permitted. (Per action of the City Council taken at their September 2,
2003 meeting.)
DEVELOPMENT AGREEMENT (AZ-O3-009)
PAGE 13 OF 25
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 "Developer" or "Owners" and
"Developer'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:
"Owners" and "Developer" consent upon default to the de-annexation
and/or a reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply
with this Agreement to "Owners" and "Developer" and if the
"Owners" and "Developer" fails to cure such failure within six (6)
months of such notice.
9. INSPECTION: "Owners" and "Developer" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the ,c¡ty 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
In the event "Owners" and "Developer", "Owners" and
"Developer's" heirs, successors, assigns, or subsequent owners of
the "Property" or any other person acquiring an interest in the
"Property", fail to faithfully comply with all of the terms and
conditions included in this Agreement in conIiection with the
"Property", this Agreement may be modified or terminated by the
"City" upon compliance with the requirements of the Zoning
Ordinance.
DEVELOPMENT AGREEMENT (AZ-O3-009)
PAGE 14 OF 25
10.2
A waiver by "City" of any default by "Owners" and "Developer" of
anyone or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any
other rights or remedies of "City" or apply to any subsequent
breach of any such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owners" and "Developer's" cost, and submit proof of such recording to "Owners" and
"Developer", prior to the third reading of the Meridian Zoning Ordinance in connection
with the annexation and zoning of the "Property" by the City Council. If for any reason
after such recordation, the City Council fails to adopt the ordinance in connection with
the annexation and zoning of the "Property" contemplated hereby, the "City" shall
execute and record an appropriate instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owners" and "Developer", or by any
successor or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific 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 "Developer" shall have thirty
(30) days after delivery of notice of said breach to correct the same
prior to the non-breaching party's seeking of any remedy provided
for herein; provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall prosecute the
curing of same with diligence and continuity, then the time allowed
to cure such failure may be extended for such period as may be
necessary to complete the curing of the same with diligence and
continuity.
In the event the performance of any covenant to be performed
hereunder by either "Owner" and "Developer" or "City" is delayed
DEVELOPMENT AGREEMENT (AZ-O3-009)
PAGE 15 OF 25
for causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time
of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code §I2-S-3, to insure that installation of the
improvements, which the "Owners" and "Developer" agrees to provide, if required by the
"City".
IS. CERTIFICATE OF OCCUPANCY: The "Owners" and "Developer"
agree that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" and "Owners" and "Developer" have entered into an
addendum agreement stating when the improvements will be completed in a phased
developed; and in any event, no Certificates of Occupancy shall be issued in any phase in
which the improvements have not been installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and
"Developer" agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not
meet the conditions contained in the Findings 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:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Anthony Garner and Tracey Garner
680 N. Ten Mile Road
Meridian, Idaho 83642
DEVELOPMENT AGREEMENT (AZ-O3-009)
PAGE 160F25
with copy to:
DEVELOPER:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Thomas M. Bevan!
DTE Development, L.L.c.
4202 N. Marcliffe Avenue
Boise, Idaho 83704
17.1
A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable attorney's
fees as 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 "Developer" of the
"Property", each subsequent owner and any other person acquiring an interest in the
"Property". Nothing herein shall in any way prevent sale or alienation of the "Property",
or portions thereof, except that any sale or alienation shall be subject to the provisions
hereof and any successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written request of
"Owners" and "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Owners" and "Developer" has fully performed its obligations under this
Agreement.
DEVELOPMENT AGREEMENT (AZ-O3-009)
PAGE 17 OF 25
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
"Developer" and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or implied,
between "Owners" and "Developer" and "City", other than as are stated herein. Except
as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, with respect
to "City", to a duly adopted ordinance or resolution of "City".
22.1
No condition governing the uses and/or conditions governing development
of the subject "Property" herein provided for can be modified or amended
without the approval of the City Council after the "City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-O3-009)
PAGE 18 OF 25
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNERS/GARNER:
BY~~ ,~
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BY: ~d/';ç/--</~"/(
Tracey Garner
DEVELOPER/THOMAS M. BEV ANI
DTE DEVELOPMENT, LL.c.:
CITY OF MERIDIAN
Attest:
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DEVELOPMENT AGREEMENT (AZ~'03Ij\JIßJNT'l. ",I'"
P¡{Ö'E'II9'ffi"\~5
STATEOFIDAHO )
: ss:
COUNTY OF ADA)
Onthis..J:) day of ()(::rb~£. ,intheyear2003,before
me, 51/- <A 1\1 K~~ ~ ¡;;W a Notary Public, personally appeared ANTHONY
GARNER and TRACEY GARNER, 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.
,~p~~ ~
Notary Publi Idaho
Residing at: CI1-Y (j{:. ~ 1"£ C-b U jI¡ T\I ().{' ~A
Commission expires::)\), nE' :xyJ&,
(SEAL)
STATE OF IDAHO)
:ss
COUNTY OF ADA)
On this ).;;¡ day of CL TO'Pr:æ.. , in the year 2003, before
me, 5/..\ <i:¡ f\ 1;:A'I ~ ~ a Notary Public, personally appeared Thomas M. Bevan,
known or identified to me to be the Manager ofDTE DEVELOPMENT, L.L.C., and the
person who executed the instrument and acknowledged to me that he has executed the same
on behalf of said DTE DEVELOPMENT, L.L.C.
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Commission expires:"'JI-tYlJ! ::::r:JO{~
DEVELOPMENT AGREEMENT (AZ-03-009)
PAGE 20 OF 25
STATE OF IDAHO)
:ss
County of Ada
On this 12 q +h day of () ctow , in the year 2003,
before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg,fr.
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)
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Z:\Work\M\MeridianlMeridian 1 5360M1The Courtyards at Ten Mile AZ-O3'¡¡O9 PP'¡¡3'¡¡lO eup-O3'¡¡ZOIDevelopAgr,doc
DEVELOPMENT AGREEMENT (AZ-03-009)
PAGE210F25
EXIllBIT A
LEGAL DESCRIPTION
AREA TO BE ZONED RESIDENTIAL R-15 PD
THE COURTYARD AT TEN MILE
A parcel of land located within the Southwest Y. of Section II, Township 3 North,
Range 1 West, B.M., Ada County, Idaho. Being further described as follows:
Beginning at a point on the West line of said Southwest Y. from which the west Y.
of said Section II bears North OD042' 45" East a distance of 548.49 feet;
thence leaving said West line South 89°20'39" East a distance of238.90 feet;
thence along a tangent circular curve to the left with a radius of 43.00 feet and a
central angle of 35°06'15" an arc length of26.3S feet (chord North 73°06' 13 East,
distance 25.94');
thence North 55°33'06" East a distance of 83.08 feet;
thence from a tangent which bears North 07°21'45" East, along a circular curve to
the right with a radius of 15.00 feet and a central angle of 48°11 '23" an arc length of
12.62 feet (chord - North 31 °27'26" East, Distance 12.25');
thence North 55°33 '07" East a distance of 17.37 feet;
thence along a tangent circular curve to the right with a radius of 15.00 feet and a
central angle of 48°11 '23" an arc length of 12.62 feet (chord - North 79°38'49" East,
Distance 12.25');
thence with a non-tangent line North 55°33'07" East a distance of 85.76 feet;
thence along a tangent circular curve to the left with a radius of 53 .00 feet and a
central angle of 54°51 '25" an arc length of 50.74 feet (chord - North 28°07'25" East,
Distance 48.83');
thence North 00°41 '42" East a distance of 191.37 feet;
thence along a tangent circular curve to the left with a radius of 28.00 feet and a
central angle of 19°14'34" an arc length of9.40 feet (chord- North 8°55'35" West,
Distance 9.36');
thence from a tangent which bears North 72°05'01" West, along a circular curve
to the right with a radius of 15.00 feet and a central angle of 47°20'53" an arc length of
12.40 feet (chord - North 48°24'34" West, Distance 12.05;
thence North 24°44'08" West a distance of 17.37 feet;
thence along a tangent circular curve to the right with a radius of 15.00 feet and a
central angle of 48°30'49" an arc length of 12.70 feet (chord - North 0°28'43" West,
distance 12.33');
thence ftom a tangent which bears North 22°29'00" West, along a circular curve
to the right with a radius of 82.00 feet and a central angle of23°29'47" an arc length of
33.63 feet (chord - North 10°44'06" West, Distance 33.39');
DEVELOPMENT AGREEMENT (AZ-03-D09)
PAGE 22 OF 25
thence with a non-tangent line North 00°41' 42" East to a point on the north line of
said southwest Y. Section II, a distance of 108.16 feet;
thence leaving said north line, South 89°20'39" East a distance of 64.68 feet;
thence South 00°42'21" West a distance of 74.93 feet;
thence South 59°36'39" East a distance of 645.83 feet;
thence South 41 °28'39" East a distance of260.S9 feet;
thence North 89°20'39" West to a point on the aforementioned west line of
section 11, a distance of 1232.32 feet;
thence along said west line, North 00°42'45" East a distance of 40.00 feet to the
POINT OF BEGINNING.
Said parcel contains an area of approximately 6.33 acres.
BASIS OF BEARINGS:
The west line of the Southwest Y. of said Section II taken as South 00°43' 18"
West, derived from found monuments.
LEGAL DESCRIPTION
AREA TO BE ZONED COMMERCIAL CoN
THE COURTYARD AT TEN MILE
A parcel of land located within the Southwest Y. of Section 11, Township 3 North,
Range I West, B.M., Ada County, Idaho. Being further described as follows:
BEGINNING at West Y. comer of said Section II
thence along the North line of the Southwest Y. of said Section II South
89°20'39" East a distance of 431.50 feet;
thence leaving said North line South 00°41 '42" West a distance of 108.16 feet;
thence from a tangent which bears South 01 °00'47" West, along a circular curve
to the left with a radius of82.00 feet and a central angle of 23°29'47" an arc length of
33.63 feet (chord - South 10°44'06" East, Distance 33.39');
thence from a tangent which bears South 23°46'41" West, along a circular curve
to the left with a radius of 15.00 feet and a central angle of 48°30'49" an arc length of
12.70 feet (chord- South 0°28'43" East, Distance 12.33');
thence South 24°44'08" East a distance of 17.37 feet;
thence along a tangent circular curve to the left with a radius of 15.00 feet and a
central angle of 47°20'53" an arc length of 12.40 feet (chord - South 48°24'34" East,
Distance 12.05');
DEVELOPMENT AGREEMENT (AZ-03-009)
PAGE 23 OF 25
thence from a tangent which bears South 18°32' 51" East, along a circular curve to
the right with a radius of28.00 feet and a central angle of 19°14'34" an arc length of 9.40
feet (chord - South 8°55'35" East, Distance 9.36');
thence South 00°41 '42" West a distance of 191.37 feet;
thence along a tangent circular curve to the right with a radius of 53.00 feet and a
central angle of 54°51 '25" an arc length of 50.74 feet (chord - South 28°07'25" West,
distance 48.83');
thence South 55°33'07" West a distance of 85.76 feet;
thence from a tangent which bears North 76°15'30" West along a circular curve to
the left with a radius of 15.00 feet and a central angle of 48°11 '23" an arc length of 12.62
feet (chord - South 79°38'49" West, Distance 12.25');
thence South 55°33'07" West a distance of 17.37 feet;
thence along a tangent circular curve to the left with a radius of 15.00 feet and a
central angle of 48°11 '23" an arc length of 12.62 feet (chord - South 31 °27'26" West,
Distance 12.25');
thence with a non-tangent line South 55°33'06" West a distance of 83.08 feet;
thence along a tangent circular curve to the right with a radius of 43.00 feet and a
central angle of3s006'IS" an arc length of26.35 feet (chord- South 73°06']3" West,
distance 25.94');
thence North 89°20'39" West, to a point on the west line of said southwest Y. of
section II a distance of238.90 feet;
thence along said west line North 00°42'45" East a distance of 548.49 feet to the
POINT OF BEGINNING.
Said parcel contains an area of approximately 5.31 acres.
BASIS OF BEARINGS:
The west line of the Southwest Y. of said Section 11 taken as South 00°43' 18" West,
derived from found monuments.
DEVELOPMENT AGREEMENT (AZ-03-009)
PAGE 24 OF 25
EXHIBIT B
Findin!!s of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-03-009)
PAGE 25 OF 25
BEFORE THE MERIDIAN CITY COUNCIL
CIC 08/121D3
CIC 09/02/03
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION)
AND ZONING OF 11 ACRES FOR)
PROPOSED THE COURTYARDS)
AT TEN MILE SUBDIVISION, )
LOCATED AT THE SOUTHEAST)
CORNER OF W. PINE AVENUE )
AND N. TEN MILE ROAD, )
MERIDIAN, IDAHO )
)
)
)
)
Case No. AZ-03-009
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
DOUG CAMPBELLITOM BEV ANI
DTE DEVELOPERS,
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on August 12,2003 and continued until September 2,2003, at the hour of7:00 p.m., and Anna
Powell Planning Director for the Planning and Zoning Department, Rod Ralphs, Bruce Mills,
Clayton Lyle, Bob Fuller, David Fuller, Jde Derosier, Irma Atkinson, William Lind, Laura
Wilder, Jackie Cooper, Julie Schultz, Brenda Ball, and Tracey Gamer, 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 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
" ,
FlNDJNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGE 1 OF2I
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,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2D02,
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 II acres in size and is located at the
southeast corner ofW. Pine Avenue and N. Ten Mile 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 of land is contiguous to the existing city limits of the City of Meridian.
s.
The owner of record of the subject property is Anthony and Tracey Garner, 680 N.
Ten Mile Road, Meridian, Idaho. The applicant is Doug Carnpbell/Tom BevanlDTE Developers,
1661 Shoreline, Boise, Idaho.
6.
The property is presently zoned RUT (Ada County) and consists of rural
residentiallagriculturalland.
7.
The Applicant requests the property be zoned as R-IS (Medium High Density
Residential) and C-N (Neighborhood Commercial).
8.
The subject property is bordered to the north by residential and offices uses
(zoned R-IS and L-O), to the south by the proposed Central Valley Baptist Church, to the east
and west by agricultural land (zoned RUT).
9.
The Applicant proposes to develop the subject property in the following manner:
. .
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGE 2 OF 21
31 building lots and 5 other lots on II acres.
10.
The Applicant requests zoning of the subject real property as R-IS and CoN,
which are consistent with the Meridian Comprehensive Plan Generalized Land Use Map which
designates the subject property as Mixed Use - Community.
11.
There are no significant or scenic features of major importance that affect the
consideration of this application.
12.
The City Council recognizes the concerns ofIrrna Atkinson in her email dated
September I, 2D03, and Julie Schulz in her email dated September 2, 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 Meridian Planning & Zoning Department as follows:
ANNEXATION AND ZONING COMMENTS
I. Remove any existing domestic 'w~lls and/or septic systems within this project from their
domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic
purposes such as landscape irrigation.
2. A Development Agreement will be required as part of this annexation request.
B.
Adopt the Ada County Highway District's Recommendations as follows:
Site Specific Conditions of Approval
1. Ten Mile Road, including the signalization of the intersection ofTen Mile RoadlPine
Avenue, is listed as a project in the District's currently adopted Five Year Work Program and
in the currently adopted CIP. As_~uch, the applicant may receive reimbursement for dedicated
FINDlNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONlNG THE COURTYARDS AT
TEN l\1ILE - (AZ-D3-D09)
PAGE3 OF21
right-of-way from available impact fees. The applicant shall dedicate 48-feet of right-of-way
from the centerline ofTen Mile Road and 45-feet of right-of-way, tapering to 37-feet, from
the centerline of Pine Avenue abutting the site. Further, the applicant shall construct as-foot
wide concrete sidewalk on Ten Mile Road and Pine Avenue. Coordinate the dedication of the
right-of-way and the location, design and construction of the sidewalk with District staff.
However, iffunds cannot be secured for the purchase of the above-mentioned right-of-way,
the applicant shall do one of the following:
a. Dedicate by donation (or throùgh a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the
applicant's specific development project) 48-feet of right-of-way along Ten
Mile Road and 45-feet of right-of-way tapering to 37-feet along Pine Avenue,
and construct a minimum 5-foot wide concrete sidewalk along the roads.
Coordinate the location and design of the sidewalk with District staff.
b. Do not dedicate additional right-of-way, but construct a minimum S-foot wide
concrete sidewalk along Ten Mile Road and Pine Avenue in its ideal location
with an easement provided to the District. Coordinate the location and design
of the sidewalk with District staff.
c. Provide a road trust deposit in the amount of $20,680, to be used for future
sidewalk construction along the applicant's frontage.
2.
Construct a right-in/right-out driveway on Ten Mile Road located approximately 230-feet
south of Pine Avenue (measured near edge to near edge). Pave the right-in/right-out
restricted driveway on Ten Mile Road to its full width (maximum 36-feet) and at least 30-
feet into the site beyond the edge of pavement of the roadway and install pavement tapers
with IS-foot radii abutting the existing roadway edge. Coordinate the design of the right-
in/right-out restricted driveway on Ten Mile Road with District Traffic staff.
3.
Construct a driveway on Pine Avenue located approximately 220-feet east ofTen Mile
Road (measured near edge to near edge). Pav.~, the driveway on Pine A venue to its full
width (maximum 36-feet) and at least 30-feet into the site beyond the edge of pavement
of the roadway and install pavement tapers with IS-foot radii abutting the existing
roadway edge. If the driveway is constructed as right-in/right-out only, coordinate the
design of the driveway with District Traffic staff.
4.
Construct Treva Way ÍUi.d Marco Avenue as 40-foot street sections with curb, gutter and
S-foot sidewalk within 54-feet of right-of-way as proposed.
S.
Construct Marbeth Court as a 36-foot street section with curb, gutter and 5-foot wide
concrete sidewalk within 50-feet of right-of-way as proposed. Construct a District
,
FJNDJNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONJNG THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGE4 OF2l
s.
6.
approved turnaround for Marbeth Court, with a minimum of a 29-foot street section on
either side of any proposed center island within the turnaround. If a center island is
constructed within the turnaround, it shall be owned and maintained by a homeowners
association. Notes of this should be required on the final plat.
6.
Any islandslroundabouts within the right-of-way shall be a minimum of 4-feet wide with
a minimum area of 1O0-square feet and designed to safely channel traffic. Coordinate the
size and design of any roundabouts located in the right-of-way with Traffic Services staff.
Any proposed landscape islandslmedians/roundabouts within the public right-of-way
shall be owned and maintained by a homeowners association. Notes of this should be
required on the final plat.
7.
Any driveway(s) on Marco Avenue and Treva Way should be located a minimum of 50-
feet back from the near edge of Pine Street and Treva Way.
8.
Other than the access points specifically approved with this application, direct lot or
parcel access to Ten Mile Road and Pine Avenue is prohibited.
9.
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 y~ars old are not allowed unless approved in
writing by the District. Contaet 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 applícable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND WNING THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGE5 OF21
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 (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
10.
No change in the terms and conditions 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 waiverlvariance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
*
Additionally, the City Council requested that the neighbors to this project have a meeting with
the ACHD Commission to speak out about their traffic concerns, the information below is what
came out of the ACHD August 27, 2003meeting;
The application for The Courtyards was approved by ACHD in May and therefore the item could
not be re-heard, or additional requirements added. The ACHD Commission listened to the
public concerns during "Public Communications" at their meeting on August 27th. Two residents
testified with traffic concerns,. two residents e-mailed concerns, and two residents discussed their
concerns over the phone with stÍiff. The ACHD Commission directed staff to send a letter to the
Council, informing it of the discussion.
The applicant notified the Commission that they are proposing to construct the following (in
addition to the ACHD requirements):
,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGE 6 OF 21
. Construct an additional lane on Pine Street at the intersection of Ten Mile. This
additional lane will allow one turn lane for left turning movements, and another lane for
straight/right movements. The improvement should decrease the cut-through traffic
through the Thundercreek Subdivision because the intersection will operate more
efficiently with fewer cars stacked east on Pine Street.
. Construct an additional lane on the north leg ofTen Mile Road at the intersection of Pine
Street. This additional lane will allow one turn lane for left turning movements, and
another lane for straight/right movements.
. Construct sidewalk on the east side ofTen Mile Road up to the Pine Street intersection,
abutting the church site. The applicant is working with the church owners to provide a
continuous sidewalk from Pine Street to the north.
While ACHD is not requiring these improvements, the District supports the applicant's proposal
and finds that these improvements will help alleviate the back up that occurs near the
intersection.
Under the current conditions, and under build-out conditions of this development, a signal is not
warranted. The intersection ofTen Mile Road and Pine Street is in the Five Year Work Program
for widening, and for signalization.
ACHD is working with the Thundercreek residents to review their concerns regarding existing
cut-through traffic and speeds in the neighborhood, and is currently taking traffic counts and
conducting speed studies.
C.
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 of2 hours to service the entire project. Fire hydrants shall be placed an average of 4DO'
apart. 1997 UFC Appendix TII-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.
4. Final approval of the fIre hydrant locations shall be by the Meridian Fire Department thru the
Public Works Department. -
S. AIl roads shall have a turning radius of28' inside and 48' outside.
6. Operational fire hydrants ,and temporary or permanent street signs are required before
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGE 7 OF 21
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 turn around.
8. The fire department requires 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.
9. All access roads leading into and within the project shall have a clear driving surface with a
minimum width of2'O' available at all times. UFC 902.2.2.1
D.
Adopt the Recommendation ofNampa & Meridian Irrigation District as follows:
I. Applicant shall apply for a land use change/site application.
2. AIl Storm Drainage must be retained on site.
3. All laterals and waterways must be protected.
4. The Developer must comply with Idaho Code 31-3805.
S. Nampa & Meridian Irrigation District recommends that Irrigation be made available to all
lots.
E.
Adopt the Recommendations of the Central District Health Department as follows:
I. This proposal can be approved for.c,entral 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 groundwáter and surface water quality.
S. 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.
,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCA nON
FOR ANNEXA nON AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-D3-009)
PAGE8 OF21
F.
Adopt the action of the City Council taken at their September 2, 2003 meeting as follows:
I.
Per the testimony of Rod Ralphs, an error was made in the ACHD report, and to clarifY the
bike lane, the bike lane shall be on the west side ofTen Mile, not the east side.
2.
The developer shall be required to construct the following:
.
Construct an additional lane on Pine Street at the intersection ofTen Mile. This
additional lane will allow one turn lane for left turning movements, and another lane for
straight/right movements. The improvement should decrease the cut-through traffic
through the ThU1Ídercreek Subdivision because the intersection will operate more
efficiently with fewer cars stacked east on Pine Street.
. Construct an additional lane on the north leg ofTen Mile Road at the intersection of Pine
Street. This additional lane will allow one turn lane for left turning movements, and
another lane for straight/right movements.
. Construct sidewalk on the east side ofTen Mile Road up to the Pine Street intersection,
abutting the church site.
3.
For clarification, the developer proposes to phase the project construction. The first phase
shall consist of residential. Phases 2 and 3 shall involve the commercial parcels, with Phase
2 being the office buildings. The larger commercial buildings shall be built later which
would be closer to the time ACHD is scheduled to build out Ten Mile and Pine.
4.
The developer shall pave the additional width necessary to accommodate turn lanes and
wider shoulders. Sidewalks on the west side shall be within the existing ROW.
14.
Jt is found that the requested zoning designation, R-I5 andC-N, are harmonious with
and in accordance with the effective Comprehensive.Plan ('02) and the Generalized Land Use Map,
which designates the land to be "Mixed Use Community".
IS.
The area has been designated as a Mixed Use Community area in Meridian's
Comprehensive Plan and is locáted just north of a potential Transit Station that has been identified in
the Comprehensive Plan. These Comprehensive Plan designations in combination with the L-O and
R-IS zoning directly north of.th~ ~ubject property make the proposed zoning of the property
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGE9 OF21
compatible with surrounding land uses and the City of Meridian's plan for the development of the
area.
16.
It is found that the proposed uses are compatible with the existing and intended
character of the area. The Comprehensive Plan designates the area as Mixed Use Community; the
proposed mixture of residential, retail and commercial uses are compatible with the Comprehensive
Plan designation. It is also found that the proposed uses can be designed and constructed in a
manner that will be harmonious with and appropriate in appearance with the existing and intended
character of the surrounding area.
17.
It is not anticipated that the proposed uses will be hazardous or disturbing to future or
existing neighbors: Special attention will need to be paid to protect the existing agricultural uses to
the south.
18.
It is found that the subject property can be served adequately by all essential public
facilities and services. Sanitary sewer service will be via a temporary private lift station being
installed as part of the Mosher's Farm project.
19.
It is found that there'YiII not be additional requirements at public cost and that the
armexation and zoning will not be detrimental to the community's economic welfare.
20.
It is found that the proposed uses will create additional traffic, especially on Ten Mile
Road and Pine Avenue. However, it is not believed that the increase in traffic will be excessive. It is
not anticipated that the proposed development will generate traffic, noise, smoke, odors or other
nuisances that would be detrimental to the general welfare of the surrounding area.
21.
It is found that the two proposed vehicular approaches on Ten Mile Road and the
,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-O3-009)
PAGE 10 OF 21
proposed vehicular approach on Pine Street should not appreciably interfere with traffic on the
surrounding streets.
22.
It is found that no natural or scenic features of major importance will be lost or
damaged by approval of this annexation request.
23.
It is found that the annexation of this property would be in the best interest of the
City by providing a varietY of housing types, an innovative subdivision layout, and the addition
of employment opportunities.
24.
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. 13, 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 designation.
25.
It is also found that the development considerations as referenced in Finding No.
13 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 exísting, 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.
,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN JI..1ILE - (AZ-03-009)
PAGE 11 OF 21
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-IS) Medium High Density Residentiai and (C-N) Neighborhood
Commercial are defined in the Zoning Ordinance at § 11-7-2 E and H as follows:
(RotS) Medium Hil!h Densitv, Residential District: The purpose of the R-IS District is to
permit the establishment of medium-high density single-family attached and multi-family
dwellings at a density not exceeding fifteen (IS) dwelling units per acre. All such districts
must have direct access to a transportation arte¡:ial or collector, abut or have direct access to a
park or open space corridor, and be connected to the Municipal water and sewer systems of
the City. The predominant housing types in this District will be patio homes, zero lot line
single-family dwellings, townhouses, apartment buildings and condominiums.
AND
(CoN) Neil!hhorhood Bnsiness District: The purpose of the CoN District is to permit the
establishment of small scale convenience business uses which are intended to meet the daily
needs of the residents of an immediate neighborhood (as defined by the policies of the
Meridian Comprehensive Plan); to 'encourage clustering and strategic siting of such
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCA TION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGE 12 OF 21
businesses to provide service to the neighborhood and avoid intrusion of such uses into the
adjoining residential districts. All such districts shall give direct access to transportation
arterial or collectors, be connected to the Municipal water and sewer systems of the City, and
shall not constitute all or any part of a strip development concept.
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 deveiopment 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:
1.
The applicant's request for annexation and zoning of approximately II acres to
Medium High Density Residential (R-I5) and Neighborhood Commercial (C-N), is granted subject
to the terms and conditions ofthis Order hereinafter stated.
2.
The application is for annexation and zoning of II acres. The legal description shall
be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all
.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN l\1ILE - (AZ-03-009)
PAGE 13 OF 21
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 Meridian Planning & Zoning Department as follows:
ANNEXATION AND ZONING COMMENTS
I. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic
purposes such as landscape irrigation.
2. A Development Agreement will be required as part of this annexation request.
B.
Adopt the Ada County Highway District's Recommendations as follows:
Site Specific Conditions of Approval
I. Ten Mile Road, including the signalization of the intersection ofTen Mile RoadlPine
Avenue, is listed as a project in the District's currently adopted Five Year Work Program and
in the currently adopted CIP. As sùc4, the applicant may receive reimbursement for dedicated
right-of-way from available impact fees. The applicant shall dedicate 48-feet of right-of-way
from the centerline ofTen Mile Road and 45-feet of right-of-way, tapering to 37-feet, from
the centerline of Pine Avenue abutting the site. Further, the applicant shall construct a 5- foot
wide concrete sidewalk on TeJ;l Mile Road and Pine Avenue. Coordinate the dedication of the
right-of-way and the location, design and construction of the sidewalk with District staff.
However, if funds cannot be secured for the purchase of the above-mentioned right-of-way,
the applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the
applicant's specific development project) 48-feet of right-of-way along Ten Mile
Road and 4S-feet of right-of-way tapering to 37-feet along Pine Avenue, and
,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGE 14 OF 21
6.
construct a minimum 5-foot wide concrete sidewalk along the roads. Coordinate
the location and design of the sidewalk with District staff.
b. Do not dedicate additional right-of-way, but construct a minimum S-foot wide
concrete sidewalk along Ten Mile Road and Pine Avenue in its ideal location with
an easement provided to the District. Coordinate the location and design of the
sidewalk with District staff.
c. Provide a road trust deposit in the amount of $20,680, to be used for future
sidewalk construction along the applicant's frontage.
2.
Construct a right~in/right-out driveway on Ten Mile Road located approximately 230-feet
south of Pine Avenue (measured near edge to near edge). Pave the right-in/right-out
restricted driveway on Ten Mile Road to its full width (maximum 36-feet) and at least 30-
feet into the site beyond the edge of pavement of the roadway and install pavement tapers
with IS-foot radii abutting the existing roadway edge. Coordinate the design of the right-
in/right-out restricted driveway on Ten Mile Road with District Traffic staff.
3.
Construct a driveway on Pine Avenue located approximately 220-feet east ofTen Mile
Road (measured near edge to near edge). Pave the driveway on Pine Avenue to its full
width (maximum 36-feet) and at least 30-feet into the site beyond the edge of pavement
of the roadway and install pavement tapers with IS-foot radii abutting the existing
roadway edge. If the driveway is constructed as right-in/right-out only, coordinate the
design of the driveway with District Traffic staff.
4.
Construct Treva Way and Marco Avenue as 40-foot street sections with curb, gutter and
S-foot sidewalk within 54-feet of right-of-way as proposed.
S.
Construct Marbeth Court as a36-foot street section with curb, gutter and S-foot wide
concrete sidewalk within SD-feet of right-of-way as proposed. Construct a District
approved turnaround for Marbeth Court, with a minimum of a 29-foot street section on
either side of any proposed center island wi1:h#l the turnaround. If a center island is
constructed within the turnaround, it shall be owned and maintained by a homeowners
association. Notes of this should be required on the fmal plat.
Any islandslroundabouts within the right-of-way shall be a minimum of 4-feet wide with
a minimum area of IOO-square feet and designed to safely channel traffic. Coordinate the
size and design of any rôundabouts located in the right-of-way with Traffic Services staff.
Any proposed landscape islandslmedians/roundabouts within the public right-of-way
shall be owned and maintained by a homeowners association. Notes of this should be
required on the final plat.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN!vIILE - (AZ-03-009)
PAGE 15 OF 21
7.
Any driveway(s) on Marco Avenue and Treva Way should be located a minimum of 50-
feet back from the near edge of Pine Street and Treva Way.
8.
Other than the access points specifically approved with this application, direct lot or
parcel access to Ten Mile Road and Pine Avenue is prohibited.
9.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
I. 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 387-628D
(with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact Construction Services at 387~6280 (with file numbers) for
details.
S. AIl 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)~ wmchincorporates any required design changes.
7. Construction, use and property development shallbe 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 (1-800-342-1585) at least two full
business days prior to breaking ground within ACHD right-of-way. The applicant shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGE 16 OF 21
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.
C.
Adopt the Recommendations of the Meridian Fire Department as follows:
I.
One and two family dwellings will require a fife-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 fife protection will be by the Meridian Water Department.
Final approval of the fife hydrani locations shall be by the Meridian Fire Department thru the
Public Works Department.
4.
s.
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 reqúire that any roadway greater than 150' in length that is not provided
with an outlet shall be required to have a turn around.
8.
The fire department requires 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCA nON
FOR ANNEXA nON AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGEl? OF2l
response by fire and emergency medical service vehicles. This cost of this installation is to
be borne by the developer.
9.
AIl access roads leading into and within the project shall have a clear driving surface with a
minimum width of20' available at all times. UFC 902.2.2.1
D.
Adopt the Recommendation ofNampa & Meridian Irrigation District as follows:
I. Applicant shall apply for a land use changelsite application.
2. AIl Storm Drainage must be retained on site.
3. AIl laterals and waterways must be protected.
4. The Developer must comply with Idaho Code 31-3805.
S. Nampa & Meridian Irrigation District recommends that Irrigation be made available to all
lots.
E.
Adopt the Recommendations of the Central District Health Department as follows:
I. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's 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 c'~ate a mosquito breeding problem.
4. Stormwater shall be pretreated thröugh a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
5. The Engineers and archi.tects'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 September 2, 2003 meeting as follows:
1.
Per the testimony of Rod Ralphs, an error was made in the ACHD report, and to clarify the
bike lane, the bike lane shall be on the west side ofTen Mile, not the east side.
2.
The developer shall be required to construct the following:
-,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGE 18 OF 21
. Construct an additional lane on Pine Street at the intersection ofTen Mile. This
additional lane will allow one turn lane for left turning movements, and another lane for
straight/right movements. The improvement should decrease the cut-through traffic
through the Thundercreek Subdivision because the intersection will operate more
efficiently with fewer cars stacked east on Pine Street.
. Construct an additional lane on the north leg ofTen Mile Road at the intersection of Pine
Street. This additional lane will allow one turn lane for left turning movements, and
another lane for straight/right movements.
. Construct sidewalk on the east side of Ten Mile Road up to the Pine Street intersection,
abutting the church site.
3.
For clarification, the developer proposes to phase the project construction. The fIrst phase
shall consist of residential. Phases 2 and 3 shall involve the commercial parcels, with Phase
2 being the office buildings. The larger commercial buildings shall be built later which
would be closer to the time ACHD is scheduled to build out Ten Mile and Pine.
4.
The developer shall pave the additional width necessary to accommodate turn lanes and
wider shoulders. Sidewalks on the west side shall be within the existing ROW.
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 ofthe
application to (R-lS) Medium High Density Residential District and (C-N) Neighborhood
Commercial and Meridian City Code § 11'-7-2.
s.
Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staff 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.
'.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGE 19 OF 21
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 fmal 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 ajudicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
16~ day of
cf'o/~~
.,2003.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED $4..-
COUNCILWOMAN TAMMY deWEERD
VOTED~
COUNCIL WOMAN CHERIE Mc CANDLESS
VOTED m~
COUNCILMAN WILLIAM L.M. NARY
VOTED~
,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN MILE - (AZ-03-009)
PAGE20 OF21
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: t!--/¡'-¿J3
VOTED-
MOTION:
APPROVED:
x
DISAPPROVED:
BY~ Þ~.~ated:
City Clerk
Attest:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING THE COURTYARDS AT
TEN rvlILE - (AZ-03-009)
PAGE 21 OF 21