HomeMy WebLinkAboutMagic View Court AZ DAADA COUNTY RECORDER J. DAVID NAVARRO ~
BOISE IDAHO 07!23109 02:59 PM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIII'IIII
Meridian City 104093297
AMOUNT .00
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Robert B. and Kathleen E. Barnes, Owner
3. Larry Hellhake, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this o~~ day of , 2004, by and between CITY OF
MERIDIAN, a municipal corporationration o~State of Idaho, hereafter called "CITY', and
ROBERT B, and KATHLEEN ~. BARNES, whose address is 1994 W. Amity Road,
Meridian, Idaho 83642, hereinafter called "OWNER", and LARRY HELLHAKE, whose
address is 3837 North Holl Drive, Eagle, Idaho 83616, hereinafter called
"DEVELOPER":
RECITALS:
1.1 WHEREAS, "OWNER is the sole owner, 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
1.2 WHEREAS, LC. § 67-6511A, Idaho Code, provides that cifies
may, by ordinance, require or permit as a condition of re-zoning
that the "Owner" and "Developer" make a written commitment
concerning the use or development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Owner" and "Developer" has submitted an
application for annexation and zoning of the "Property's"
described in Exhibit A, and has requested a designation of (C-G)
General Retail and Service Commercial District, (Municipal Code
of the City of Meridian); and
DEVELOPMENT AGREEMENT (AZ-04-008)
PAGE 1 OF 16
1.5 WHEREAS, "Owner" 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 l0*' day of ~ , 2004, has
approved certain Findings of Fact and ConclusioLaw and
Decision and Order, set forth in Exhibit B, which aze attached
hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Owner" and "Developer" to
enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
1.9 "OWNER" and "DEVELOPER" deem it to be in its best interest
to be able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and
requests; and
1.9 WHEREAS, "City" requires the "Owner" and "Developer" to
enter into a development agreement for the purpose of ensuring
that the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions of this
development agreement, herein being established as a result of
evidence received by the "City" in the proceedings for annexation
and zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected property
owners and to ensure 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
DEVELOPMENT AGREEMENT (AZ-04-008)
PAGE 2 OF 16
Zoning and Development Ordinances codified in Meridian City
Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
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 "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
of law of the State of Idaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
3.2 "OWNER": means and refers to Robert B. and Kathleen E.
Barnes, whose address is 1994 W. Amity Road, Meridian,-Idaho
83642, the party owning said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
3.3 "DEVELOPER": means and refers to Larry Hellhake, whose
address is 3837 North Holl Drive, Eagle, Idaho 83616, the party
developing said "Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
3.4 "PROPERTY": means and refers to that certain pazcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the pazcels to be annexed and
zoned C-G attached hereto and by this reference incorporated
herein as if set forth at length.
4. U5ES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement and which are herein
specified as follows:
DEVELOPMENT AGREEMENT (AZ-04-008)
PAGE 3 OF 16
The applicant has not submitted any development application or
plans at this time. A development concept was submitted to
demonstrate a potential lot configuration for future
platting/developmentfnr the subject property.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has not
presently submitted to "City" an application for conditional use permit, and shall be
required to obtain the "City's" approval thereof if a conditional use permit is submitted,
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 "Developer" shall develop the "Property" in accordance with the
following special conditions:
A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department, as modified by the Commission as follows:
1. The legal description, stamped approved by the Public Works Department on
March 18, 2004, meets the requirements of the City of Meridian and State Tax
Commission and will place the parcel contiguous to existing city limits.
2. The subject property is within the Urban Services Planning Area.
3. Any existing domestic wells and/or septic systems within this prof ect will have to
be removed 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.
4. Any future development ofthis property shall comply with the International Fire
Code or the fire code adopted by the City of Meridian at the time of construction.
DEVELOPMENT AGREEMENT (AZ-04-008)
PAGE 4 OF 16
5. The applicant shall submit all future site plans to the Police Chief for review
prior to submittal for a Certificate of Zoning Compliance (CZC).
6. Please contact Bill Gregory at SSC (888-3999) for detailed review of any future
development plans and submit stamped (approved) plans with the Certificate of
Zoning Compliance application.
7. As long as the existing residence continues under its same use, the use is not
changed, or the building is not modified in any way, they may continue to use the
current septic and well system.
B. Adopt the Ada County Highway District's report dated April 13, 2004, which lists
site-specific requirements, conditions of approval and street improvements, which are
required.
C. Adopt the action of the City Council taken at their June 8, 2004 meeting as follows:
For clarification:
1. The nine uses listed in Jonathan R. Seel's May 25, 2004 letter for the C-G
zone shall be required to be processed as conditional uses. The nine uses are
as follows:
1) Truck Stop
2) Contractors Yard
3) Equipment -heavy farm, etc. (sales and repair)
4) Lumber Yards
5) Auto Repair Shop
6) Drive-In Establishment (drive-thru windows will be permitted)
7) Entertainment Center -Outdoor
8) Sales Lots
9) Outdoor Storage Facility
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "Owner's" and "Developer's" heirs, successors, assigns, to
DEVELOPMENT AGREEMENT (AZ-04-008)
PAGE 5 OF 16
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 LC. §
67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" and "Developer" consent upon default to the de-annexation
and/or a reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
8.1 That the "City" provide written notice of any failure to comply
with this Agreement to "Owner" and "Developer" and if the
"Owner" and "Developer" fails to cure such failure within six (6)
months of such notice.
9. INSPECTION: "Owner" and "Developer" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City Engineer and
request the City Engineer's inspections and written approval of such completed
improvements or portion thereof in accordance with the terms and conditions of this
Development Agreement and all other ordinances of the "City" that apply to said
Development.
10. DEFAULT:
10.1 In the event "Owner's" and "Developer's" heirs, successors,
assigns, or subsequent owners of the "Property" or any other
person acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in this
Agreement in connection with the "Property", this Agreement may
be modified or terminated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
10.2 A waiver by "City" of any default by "Owner" and "Developer" of
any one or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any
other rights or remedies of "City" or apply to any subsequent
breach of any such or other covenants and conditions.
DEVELOPMENT AGREEMENT (AZ-04-008)
PAGE 6 OF 16
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Developer's" cost, and submit proof of such recording to "Owner" and "Developer",
prior to the third reading of the Meridian Zoning Ordinance in connection with the
annexation and zoning of the "Property" by the City 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 "Owner" and "Developer", or by any successor
or successors in title or by the assigns of the parties hereto. Enforcement maybe 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 In the event of a material breach of this Agreement, the parties
agree that "City" and "Owner" and "Developer" shall have thirty
(30) days after delivery of notice of said breach to correct the same
prior to the non-breaching party's seeking of any remedy provided
.for herein; provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same
within such thirty (30) 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 maybe
necessary to complete the curing of the same with diligence and
continuity.
13.2 In the event the performance of any covenant to be performed
hereunder by either "Owner" and "Developer" or "City" is delayed
for causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
dme for such performance shall be extended by the amount of time
of such delay.
DEVELOPMENT AGREEMENT (AZ-04-008)
PAGE 7 OF 16
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure that installation of the
improvements, which the "Owner" and "Developer" agrees to provide, if required by the
"City".
15. CERTIFICATE OF OCCUPANCY: The "Owner" and "Developer"
agrees that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" and "Owner" and "Developer" have entered into an
addendum agreement stating when the improvements will be completed in a phased
developed; and in any event, no Certificates of Occupancy shall be issued in any phase in
which the improvements have not been installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and
"Developer" agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not
,meet the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when 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: OWNER:
c/o City Engineer Robert B. and Kathleen E. Barnes
City of Meridian 1994 W. Amity Road
33 E. Idaho Ave. Meridian, Idaho 83642
Meridian, ID 83642
with copy to: DEVELOPER:
City Clerk Larry Hellhake
City of Meridian 3837 North Holl Drive
33 E. Idaho Ave. Eagle, Idaho 83616
Meridian, ID 83642
DEVELOPMENT AGREEMENT (AZ-04-008)
PAGE 8 OF ] 6
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 maybe 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 "Owner" 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 benefited and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written request of
"Owner" and "Developer", to execute appropriate and recordable evidence of termination
of this Agreement if "City", in its sole and reasonable discretion, had determined that
"Owner" and "Developer" has fully performed its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner" and
"Developer" and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or implied,
between "Owner" and "Developer" and "City", other than as are stated herein. Except as
DEVELOPMENT AGREEMENT (AZ-04-008)
PAGE 9 OF 16
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-04-008)
PAGE 10 OF 16
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNER:
BY: ~~ t'e'e"'-~'/ (sI ~ ~i~c.~_
Robert B. Barnes
BY: ~. ,
at Teen E. Barnes
DEVELOPER:
BY:~~,~1~~
Larry Hellhak
Attest:
BY:
CITY OF MERIDIAN
BY:
MAYOR Y de ERD
/~p/''z he d Cr fj Ce-w..~„ ~ ?~ 2v-v 4
DEVELOPMENT AGREEMENT (AZ-04-008)
PAGE 11 OF 16
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CITY CLERK %'3p ~T tst ., ~ ,:~
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STATE OF IDAHO ) ,''~''~trgNy_"~~f~fffo`'~+``
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COUNTY OF ADA )
On this " J day of ~~~y , in the year
2004, before me, a Notary Public, personally appeared RO ERT B. and KATHLEEN E.
BARNES, husband and wife, known or identified to me to be the persons whose names are
subscribed to the wi~nent and acknowledged to me that they executed the same.
Q;.~~~qq -.;v
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(SEAL) '. AVBL~G ? NotaryPu i
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STATE OF IDAHO )
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COUNTY OF ADA 1
~~..~(?~~~his ~ST~ day of , in the year
2004, IZ®~s~x~e,~ary Public, personally appe d LA Y HELLHAKE, known or
ident•t,~q~tep~ person whose name is subscribed to the within instrument and
ackn' ~ ted~ed~ me ttl`ai'~e executed the same.
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(SEAL) i Idzho otary Pu is Id - ~ n~
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Commission exp s:
DEVELOPMENT AGREEMENT (AZ-04-008)
PAGE 12 OF 16
STATE OF IDAHO )
:ss
County of Ada )
On this oZ~ day of Jk~ , in the year 2004,
before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg,
know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said
City, and acknowledged to me that such City executed the same.
(SEAL)
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DEVELOPMENT AGREEMENT (AZ-04-008)
PAGE 13 OF 16
EXHIBIT A
LEGAL DESCRIPTION
A parcel located in the NE'/4 of Section 17, Township 3 North, Range 1 East, Boise
Meridian, and being Lot 9 ofAMENDED MAGIC VIEW SUBDIVISION as shown in Book
52 of Plats at Page 4445 in the office of the Recorder, Ada County, Idaho, more particularly
described as follows:
Commencing at a brass cap monument marking the southeasterly comer of saidNE'/a
from which a brass cap monument mazking the southwesterly corner of said NE '/4 bears S
89°59'48" W a distance of 2606.67 feet;
Thence S 89°59'48" W along the southerly boundary of said NE '/ a distance of
1181.41 feet to a point;
Thence leaving said southerly boundary N 0°00' 12" W a distance of 178.26 feet to a
5/8 inch diameter iron pin mazking the southerly corner of said Lot 9 and the POINT OF
BEGINNING;
Thence along the southwesterly boundary of said Lot 9 the following described
courses;
Thence N 72°49'02" W a distance of 126.86 feet to a 5/8 inch diameter iron pin;
Thence N 72°05'24" W a distance of 278.61 feet to a '/z inch diameter iron pin
marking the westerly corner of said Lot 9;
Thence N 16°22'21" E along the northwesterly boundary of said Lot 9 a distance of
549.81 feet to a 5/8 inch diameter iron pin marking the northerly corner of said Lot 9;
DEVELOPMENT AGREEMENT (AZ-04-008)
PAGE 14 OF 16
Thence S 83° 10'27" E along the northeasterly boundary a distance of 408.02 feet to a
5/8 inch diameter iron pin marking the easterly corner of said Lot 9;
Thence S 16°05'58" W along the southeasterly boundary of said Lot 9 a distance of
626.76 feet to the POINT OF BEGINNING.
This parcel contains 5.46 acres and is subject to any easements existing or in use.
This pazcel is also contiguous to the City of Meridian corporate limits.
DEVELOPMENT AGREEMENT (AZ-04-008)
PAGE 15 OF 16
EXHIBIT B
FindinES of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-04-008)
PAGE 16 OF 16
BEFORE THE MERIDIAN CITY COUNCIL
C/C 06/08/04
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 5.22 ACRES FOR
PROPOSED MAGIC VIEW COURT
SUBDIVISION FROM RUT TO C-G,
LOCATED ON THE SOUTH SIDE
OF MAGIC VIEW DRIVE, WEST
OF ALLEN STREET IN MAGIC
VIEW SUBDIVISION,
APPROXIMATELY 900 FEET
WEST OF EAGLE ROAD/SH 55,
PHYSICAL ADDRESS I5 2855 E.
MAGIC VIEW DRIVE, MERIDIAN,
IDAHO
LARRY HELLHAKE,
APPLICANT
Case No. AZ-04-008
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public hearing
on June 8, 2004, at the hour of 7:00 p.m., and Steve Siddoway for the Planning and Zoning
Department, Larry Hellhake, Jonathan Seel, 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 AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-04-008)
PAGE 1 OF 14
FINDINGS OF FACT
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.
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
The property which is the subject of the application for annexation and
zoning as described in the application, is approximately 5.22 acres in size and is located on the
south side of Magic View Drive, west of Allen Street in Magic View Subdivision, approximately
900 feet west of Eagle Road/SH 55, the physical address is 2855 E. Magic View Drive, 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 owner of record of the subject property is Robert B. and Kathleen E. Barnes
are the current property owners and Mr. Barnes has submitted notarized consent for the subject
application. Applicant is Larry Hellhake of Eagle, Idaho.
5. The property is presently zoned RUT (Ada County), and consists of pasture land
and a residence..
6. The Applicant requests the property be zoned as C-G (General Commercial).
The property which is the subject of this application is within the Area of Impact
of the City of Meridian. The entire parcel of the property is included within the Meridian Urban
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-04-008)
PAGE 2 OF 14
Service Planning Area as defined in the Meridian Comprehensive Plan.
8. The Applicant has not submitted any development application or plans at this
time. A development concept was submitted to demonstrate a potential lot configuration for
future platting/development.
9. The Meridian Comprehensive Plan Generalized Land Use Map designates the
subject property as Commercial.
10. There are no significant natural features that affect the consideration of this
application.
11. 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 Comments and Recommendations of the Meridian Planning & Zoning
Department, as modified by the Commission as follows:
1. The legal description, stamped approved by the Public Works Department on March 18,
2004, meets the requirements of the City of Meridian and State Tax Commission and will
place the parcel contiguous to existing city limits.
2. The subject property is within the Urban Services Planning Area.
3. Any existing domestic wells and/or septic systems within this project will have to be
removed 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.
4. Any future development of this property shall comply with the International Fire Code or
the fire code adopted by the City of Meridian at the time of construction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-04-008)
PAGE 3 OF 14
5. The applicant shall submit all future site plans to the Police Chief for review prior to
submittal for a Certificate of Zoning Compliance (CZC).
B.
C.
6. Please contact Bill Gregory at SSC (888-3999) for detailed review of any future
development plans and submit stamped (approved) plans with the Certificate of Zoning
Compliance application.
7. As long as the existing residence continues under its same use, the use is not changed, or
the building is not modified in any way, they may continue to use the current septic and
well system.
Adopt the Ada County Highway District's report dated April 13, 2004, which lists site-
specific requirements, conditions of approval and street improvements, which are required.
Adopt the action of the City Council taken at their June 8, 2004 meeting as follows:
For clarification:
The nine uses listed in Jonathan R. 5ee1's May 25, 20041etter for the C-G zone shall
be required to be processed as conditional uses. The nine uses are as follows:
1) Truck Stop
2) Contractors Yard
3) Equipment -heavy farm, etc. (sales and repair)
4) Lumber Yards
5) Auto Repair Shop
6) Drive-In Establishment (drive-thru windows will be permitted)
7) Entertainment Center -Outdoor
8) Sales Lots
9) Outdoor Storage Facility
12. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the
subject property as `Commercial.' The purpose of this designation is to "provide a full range of
commercial and retail to serve area residents and visitors. Uses include retail, wholesale, service and
office uses, multi-family residential, as well as appropriate public uses such as government offices."
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDNISION
(AZ-04-008)
PAGE 4 OF 14
(See Chapter VII, pg. 99.) The requested C-G zoning generally conforms to this stated purpose and
intent of the `Commercial' designation. There may be some allowable uses in the C-G zone that
could be inappropriate for this lot since it does not have frontage on either a collector or arterial, but
the general intent and purpose is compatible and is consistent with the other lots in Magic View
Subdivision that have already been annexed.
Mr. Hellhake listed several specific Comprehensive Plan policies that he felt supported the
annexation (see #7, pg. 2 of the application). Items #7.A and 7.B do not directly relate to this
annexation. However, Items #7 C - E are relevant and staff agrees that these policies are applicable
to this application.
13. It is not anticipated that the land to be annexed will be rezoned in the future; nor has
the applicant indicated a desire to rezone this property again in the future. The Comprehensive Plan
does demonstrate an intention to have it annexed and zoned as different from the present zoning
designation (RUT-Ada County).
14. The applicant has no immediate plans or formal plat application explaining how the
property will be developed at the time of annexation. It is found that the property has sufficient
buildable area to develop in a manner allowed under the proposed C-G zoning. In addition, the
conceptual layout submitted with the exhibit demonstrates one of several configurations in which the
lot could be re-developed. The property is an existing rural residential use that is transitioning to
commercial type uses.
15. The general vicinity of this project is in transition from low density residential uses to
commercial/urban type uses. Developments to the east and northeast in close proximityto the subject
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-04-008)
PAGE 5 OF 14
lot include Texaco and Chevron fuel stafions and convenience stores, a credit union and bank, a
30,300 sq. ft. multi-tenant office building, Subway and medicaUclinical services. Two new hotels are
currently under construction to the south. Woodbridge Subdivision is a 260 +/- lot residential
subdivision approximately''/4 mile to the west that connects with Magic View Drive and is largely
built-out at a medium density. It is found that a rezone of the proposed property would be compatible
with other land use and facility changes in the azea.
16. No specific uses are proposed with this application. However, it is found that any
future uses, if designed, constructed and operated in accordance with adopted city ordinances, should
be harmonious and appropriate in appeazance with the existing character of the Magic View
Subdivision azea. The Comprehensive Plan envisions the north side of Magic View Drive, adjacent
to Greenhill Estates Subdivision, to be office type uses and the south side of Magic View Drive to be
more intense, commercial type uses. The zoning change to C-G would fit within the character ofthis
plan.
17. It is found that the intended uses on the subject property should not be hazardous or
disturbing to existing or future neighboring uses if all development and landscape buffer ordinances
are exercised.
18. It is found that both municipal water and sanitary sewer service are available to the
subject property. ACHD staff approved the proposed application in April. Meridian Fire, Police and
Parks Departments were represented at the Comments Meeting held in April for this application and
provided comment that services could be provided. Sanitary Service Company (SSC) currently
provides service to adjacent properties in the subdivision.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-04-008)
PAGE 6 OF 14
19. If approved, the developer will finance the future extension of sewer, water, utilities
and irrigation services to serve the project. The primazy public costs will be fire and police services.
It is found that there will not be excessive additional requirements at public cost and that the
annexation and zoning alone will not be detrimental to the community's economic welfare.
20. It is found that any future commercial use will generate additional traffic on adjacent
roadways above and beyond the exisfing residence. The level of impact will depend upon the type of
future use. The purpose of the C-G zone is to "provide for commercial uses which are customarily
operated entirely or almost entirely within a building." As such, it is not anticipated that future uses
will create smoke, fumes, glare, or odors that will be detrimental to the general welfare ofpersons or
property in the area. MCC 11-16-4 provides the P&Z Commission and City Council the authority to
require a property owner to enter into a Development Agreement with the City of Meridian that may
require a Conditional Use Permit or some written commitment-for all future uses to more fully
comply with this finding. That being said, it is not believed a Development Agreement is necessary
given the location (internal to a subdivision and not on an arterial), limited size and developable area
of the subject lot.
21. It is found that any future uses will impact the level and flow of traffic on the
surrounding streets. Specific traffic counts will be determined at the time of development
application, which must be reviewed and approved by ACHD. The concept plan submitted with
the application shows a single point of access on to Magic View Drive. Standards for future
driveway offsets will be determined by ACHD policy. It is found that the property can be
designed to not create significant interference with traffic on the surrounding public streets.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDNISION
(AZ-04-008)
PAGE 7 OF 14
22. It is found that the proposed annexation will not result in the destruction, loss or
damage of natural features. There are a few mature trees that should be protected around the existing
residence. However, the area intended for future development appears to be void of significant
existing trees.
23. It is found that the annexation of this property would be in the best interest of the
City for the following reasons:
• increased commercial land base available to future developers and commercial uses;
• increased property tax revenue;
• the application substantially complies with the Comprehensive Plan.
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. 11, 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.
11 aze 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 hazmonious
and appropriate in appeazance with the existing, or intended chazacter 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 fixture neighboring uses, particulazly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-04-008)
PAGE 8 OF 14
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 azea 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 following is found to be a pertinent provision of the City of Meridian
Comprehensive Plan and is applicable to this Application:
Chapter VII, pg. 99
5. The zoning of (C-G) General Retail and Service Commercial is defined in the Zoning
Ordinance at § 11-7-2 K as follows:
(C-Gl General Retail and Service Commercial: The purpose of the C-G District is to
provide for commercial uses which are customarily operated entirely or almost entirely
within a building; to provide for a review of the impact of proposed commercial uses which
are auto and service oriented and are located in close proximity to major highway or arterial
streets; to fulfill the need oftravel-related services as well as retail sales for the transient and
permanent motoring public. All such districts shall be connected to the Municipal water and
sewer systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
6. Since the annexation and zoning of land is a legislative function, the City has
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-04-008)
PAGE 9 OF 14
authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho 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.
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 5.22 acres to
General Retail and Service Commercial (C-G) is granted subject to the terms and conditions ofthis
Order hereinafter stated.
2. The application is for annexation and zoning of 5.22 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-04-008)
PAGE 10 OF 14
A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department, as modified by the Commission as follows:
1. The legal description, stamped approved by the Public Works Department on
March 18, 2004, meets the requirements of the City of Meridian and State Tax
Commission and will place the pazcel contiguous to existing city limits.
2. The subject property is within the Urban Services Planning Area.
Any existing domestic wells and/or septic systems within this project will have to be
removed 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.
4. Any fixture development of this property shall comply with the International Fire
Code or the fire code adopted by the City of Meridian at the time of construction.
5. The applicant shall submit all future site plans to the Police Chief for review prior to
submittal for a Certificate of Zoning Compliance (CZC).
6. Please contact Bill Gregory at SSC (888-3999) for detailed review of any future
development plans and submit stamped (approved) plans with the Certificate of
Zoning Compliance application.
As long as the existing residence continues under its same use, the use is not
changed, or the building is not modified in any way, they may continue to use the
current septic and well system.
B. Adopt the Ada County Highway District's report dated April 13, 2004, which lists site-
specificrequirements, conditions of approval and street improvements, which are required.
C. Adopt the action of the City Council taken at their June 8, 2004 meeting as follows:
For clazification:
The nine uses listed in Jonathan R. Seel's May 25, 20041etter for the C-G zone shall
be required to be processed as conditional uses. The nine uses aze as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDNISION
(AZ-04-008)
PAGE 11 OF 14
1) Truck Stop
2) Contractors Yard
3) Equipment -heavy farm, etc: (sales and repair)
4) Lumber Yards
5) Auto Repair Shop
6) Drive-In Establishment (drive-thru windows will be permitted)
7) Entertainment Center -Outdoor
8) Sales Lots
9) Outdoor Storage Facility
4. The City Attorney shall prepaze 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 (C-G) General Retail and Service Commercial and Meridian City Code § 11-7-2.
5. Subsequent to the passage of the Ordinance provided for in section 4 ofthis Order the
engineering staff of the Public Works Department shall prepaze 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 being a person who has an interest in real
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-04-008)
PAGE 12 OF 14
property which may be adversely affected by this decision 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 ~~ day of
Gt-~~, 2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE VOTED
COUNCILMAN BILL NARY VOTED-
COUNCILMAN CHARLIE ROUNTREE VOTED ~~'"'~
COUNCILMAN KEITH BIRD VOTED~-
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED `-
DATED: ~- ~ '0¢
MOTION:
APPROVED: DISAPPROVED:
,~~j ~+
Mayor T y Weerd
Attest: ,e~'p.~~
\~\~~_I `1~~,p'!(Mj'~'~r~I (mil ~~qJ~/:~
//r~^~ ~ O
William G. Berg, Jr., Ci Cl rk °_ _=
9~ ~f']
90 Us'r tsi ~, ~O
.,~ y ~p
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDFVISION
(AZ-04-008)
PAGE 13 OF 14
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and
the City Attorney.
By:~
City Clerk
- ~ c ,
ZaWork\M1Meridianlivleridiar~ 15360MhMagic View Court AZ04-0OSWZFfCI&Order.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MAGIC VIEW COURT SUBDIVISION
(AZ-04-008)
PAGE 14 OF 14