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PARTIES:
ADA CDUNTY RECDRDER J. DAVID NAVARRO AMOUNT .00 35
BOISE IDAHO 04/21/05 01:45 PM
~~~~~~E~i:~:~~~ST OF "III" 1111/111 I IIIIIIIII II I 111111111
Meridian Cily 105048793
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DEVELOPMENT AGREEMENT
1.
2.
City of Meridian
Winston H. Moore, Owner/Developer
#0 THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into
this /2 - day of ~ít... ,2005, by and between CITY OF MERIDIAN, a municipal
corporation ofthe State ofIdaho, hereafter called "CITY', and Winston H. Moore, hereinafter called
"OWNER/DEVELOPER".
1.
1.3
1.4
1.5
1.6
RECITALS:
1.1
WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or
equity, of certain tract ofland in the County of Ada, State ofIdaho, described
in Exhibit A for each owner, which is attached hereto and by this reference
incorporated herein as if set forth in full, herein after referred to as the
"Property"; and
1.2
WHEREAS, LC. § 67-6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the "Owner"
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 ofland; and
WHEREAS, "Owner" 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 ofthe City of Meridian); and
WHEREAS, "Owner/Developer" made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the subject "Property" will be developed
and what improvements will be made; and
WHEREAS, record of the proceedings for the requested annexation and
zoning designation of the subject "Property" held before the Planning &
Zoning Commission, and subsequently before the City Council, include
DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN)
PAGE 1 OF 13
1.7
1.8
1.9
1.10
responses of goverrunent subdivisions providing services within the City of
Meridian planning jurisdiction, and received further testimony and comment;
and
WHEREAS, City Council, the 23rd day of March, 2004, has approved certain
Findings of Fact and Conclusions of Law and Decision and Order, set forth in
ExhibitB, 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 "Owner" to enter into a development
agreement before the City Council takes final action on annexation and
zoning designation; and
"OWNER" deems 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 "Owner/Developer" to enter into a
development agreement for the purpose of ensuring that the "Property" is
developed and the subsequent use of the "Property" is in accordance with the
terms and conditions of this development agreement, herein being established
as a result of evidence received by the "City" in the proceedings for zoning
designation from goverrunent subdivisions providing services within the
planning jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended Comprehensive Plan
ofthe City of Meridian adopted August 6, 2002, Resolution No. 02-382, and
the Zoning and Development Ordinances codified in Meridian City Code
Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes ofthis Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation ofthe same requires otherwise:
3.1
"CITY": means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and goverrunent subdivision ofthe 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.
DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN)
PAGE 2 OF 13
3.3
4.
3.2
"OWNERIDEVELOPER": means and refers to Winston H. Moore whose
address is PO Box 8204, Boise, Idaho 83707, 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 C-G (General Retail and
Service Commercial District) attached hereto and by this reference
incorporated herein as if set forth at length.
USES PERMITTED BY THIS AGREEMENT:
4.1
4.2
5.
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 (C) which are herein specified as follows:
"Owner/Developer" shall not develop all or any part of the "Property"
unless and until it has applied for and received either (a) a site-specific
conditional use permitfor the parcel to be developed, or (b) approvalfor a
planned development of the entire "Property. " The following are found to
be pertinent provisions of the City of Meridian Comprehensive Plan and
are applicable to this AZ-O3-015 application:
Chapter VII, pgs. 97-98, Chapter Iv, Goal I, Obj. A, #6, Chapter Iv, Goal
II, Obj. A, Chapter V, Goal III, Obj. B, #8, Chapter VI, Subsection 1, pg.
71, Chapter VII, Goal I, Obj. B, # 5, Chapter VII, Goal Iv, Obj. D, #7.
No change in the uses specified in this Agreement shall be allowed without
modification ofthis Agreement.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1.
"Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
A. Adopt the Special Recommendation ofthe Planning & Zoning Commission as follow:
1. Delete Annexation and Zoning Site Specific Condition #3, page 8, ofthe 11103/03
staff report in its entirety.
2. Replace Site Specific condition #3 with the following:
"3.a. Prior to annexation ordinance approval, the City of Meridian and Winston H.
Moore will enter into a Development Agreement (DA). This DA will require either a
DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN)
PAGE 3 OF 13
conditional use Or a planned development application be submitted to the City of
Meridian prior to future development. (Per action ofthe City Council taken at their
March 23, 2004 meeting, eliminate the word subdivision, so that the Development
Agreement would require either a conditional use permit or a planned development.
3.b. A conceptual master plan will be submitted with the planned development
application or if the project is phased, a site specific plan will be submitted. (per
action of the City Council taken at their March 23, 2003 meeting, eliminated the
word "for" and replaced it with the work "or".)
3.c. Any future plan, whether a planned development or a phased project, shall
show a continuous public or private road system that goes from Ustick Road north
and may connect to the north boundary and may also connect to Eagle Road, State
Highway 55, if allowed by lTD. The Developer shall provide further detail with the
application for either a conditional use permit or a planned development for a
roadway system within the project, as well as to how the traffic is going to be moved
throughout the development, and such roadway system shall be consistent with the
ITD and ACHD. (Per action of the City Council taken at their March 23, 2004
meeting by providing an additional last sentence pertaining to the roadway system
within the development.)"
B.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department
as follows:
1. Remove any existing domestic wells and/or septic systems within this project
from their domestic service, per City Ordinance Section 5/7/5 I 7, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
C. Adopt the Recommendations of ACHD as follows (provided that "Owner/Developer" does
not waive its right to further negotiate project-specific conditions with ACHD):
If the rezone is approved and the District receives a development proposal, the District
intends to provide the following requirements, in addition to any additional requirements that may
apply upon District review of future development, to the City of Meridian.
1.
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 from centerline along Ustick
Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road,
located a minimum of 41-feet from the centerline of the right-of-way.
DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN)
PAGE 4 OF 13
b.
Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located a minimum of 41-feet from the
centerline ofthe right-of-way, in an easement provided to the District.
Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located at the back edge of the existing right-
of-way. Accomplish all necessary adjustments to properly accommodate existing
drainage and utilities.
c.
2. Construct any local roadways that are proposed to intersect Ustick Road to align or
offset a minimum of300-feet from any existing roadway (measured centerline to centerline).
3. Construct any driveways that are proposed to intersect UstickRoad to align or offset a
minimum of230-feet from any existing or proposed driveway or street.
4. Once the access points have been approved by the District, they are to be identified as
such on the construction drawings. The remaining frontage along arterial and collector streets shall
be identified as having no access.
5. Comply with requirements oflTD for Eagle Road frontage. Submit a letter from ITD
regarding the said requirements prior to District approval of the fmal plat or issuance of a building
permit (or other required permits), whichever comes fIrst. Contact the Idaho Transportation
Department's District III Traffic Engineer Dan Coonce at 334-8300.
6.
Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of Approval
3.
4.
5.
1.
Any existing irrigation facilities shall be relocated outside ofthe right-of-way.
2.
All utility relocation costs associated with improving street frontages abutting the site
shall be bome by the developer.
Replace any existing damaged curb, gutter, and sidewalk and any that may be
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at 387-
6258 (with fiJe number) for details.
An design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Constructions
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
DEVELOPMENT AGREEMENT (AZ-03-025 - BLUE MARLIN)
PAGE 5 OF 13
D.
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. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of-way.
The applicant shall contract ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are comprised during any phase of construction.
10.
No charge in the terms and conditions of this approval shall be valid unless they are
in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall
be upon the applicant to obtain written confirmation of any change from the Ada
County Highway District.
11.
Any change by the applicant in the planned use ofthe 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
requirement or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
Adopt the Recommendations of the Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1.
2.
That a fire-flow as required by the International Fire Code is provided to service the
entire project. Fire hydrants shall be placed an average of 350' apart.
Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN)
PAGE60F 13
E.
F.
3.
Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
4.
All internal and external roads shall have a turning radius of28' inside and 48'
outside.
5.
Operational fire hydrants are required before combustible construction begins.
6.
The fire lanes shall have a clear driving surface which is 20' wide available at all
times.
Adopt the Recommendations ofthe Nampa Meridian Irrigation District as follows:
1.
All laterals and waste ways must be protected.
2.
All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the Nampa Meridian Irrigation District must review drainage plans
and requires a Land Use Change Application be filed for review prior to final
platting.
3.
The Developer must comply with Idaho Code 31-3805.
4.
NMID recommends that irrigation water be made available to all developments
within the Nampa Meridian Irrigation District.
Adopt the State of Idaho Transportation Department's Recommendations as follows
(provided that "Owner/Developer" does not waive its right to further negotiate access
conditions with ITD):
2.
1.
SH 55 has been designated a Principal Arterial. ITD would like Ada County and the
City of Meridian to help us preserve the corridor by recognizing the following
conditions. Future right of way widths will be, A: 120 feet each side of centerline
(240 feet total) for building setbacks and to include a frontage road, or B: 70 feet
each side of centerline (140 feet total) if the developer provides an intemal frontage
road type system to feeder roads.
Access to a Principal Arterial Type IV will be intersections only, and spaced at one
mile intervals in rural areas and one-half mile intervals in urban areas. Approaches
(other than intersections) may be permitted in special cases on a temporary basis as
follows:
1)
Allowed until state highway system is improved by a construction project at
which time an access will be provided to the property, which may not directly
access the state highway system, but may be via a frontage or backage road.
Shall be recorded at the County Recorders Office
Temporary access restrictions will be noted on the permit.
2)
3)
DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN)
PAGE 7 OF 13
3.
Noise abatement (berms, fences, etc.) will be the responsibility of the developer and
will be constructed off of the State Right of Way. (Further information about the
noise abatement may be obtained from the Noise Abatement Measures, which is on
file in the City Clerk's office.
6. 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" or "Owners" heirs, successors, assigns, to comply with Section 5 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.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNATION:
"Owner/Developer" consents upon default to the reversal of the zoning designation
of the "Property" subject to and conditioned upon the following conditions precedent to-wit:
7.1
That the "City" provide written notice of any failure to comply with this
Agreement to "Owner" and if the "Owner" fails to cure such failure within
six (6) months of such notice.
8. INSPECTION: "Owner/Developer" shall, immediately upon completion of any
portion or the entirety of said development ofthe "Property" as required by this agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions ofthis Development Agreement and all other ordinances of the "City" that apply to said
Development.
9.
DEFAULT:
9.1
9.2
In the event "Owner/Developer", "Owner/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 ofthe Zoning Ordinance.
A waiver by "City" of any default by "Owner" 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.
DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN)
PAGE 8 OF 13
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" cost,
and submit proof of such recording to "Owner", prior to the third reading of the Meridian Zoning
Ordinance in connection with the re-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.
11. ZONING: "City" shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the "Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owner", 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.
12.1
12.2
In the event of a material breach of this Agreement, the parties agree that
"City" and "Owner" 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" or "City" is delayed for causes which are beyond the
reasonable control of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience, strikes or similar
causes, the time for such performance shall be extended by the amount of
time of such delay.
13. 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"
agrees to provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no Certificates of
Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" have
entered into an addendum agreement stating when the improvements will be completed in a phased
developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the
improvements have not been installed, completed, and accepted by the "City".
DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN)
PAGE 9 OF 13
15. ABIDE BY ALL CITY ORDINANCES: That "Owner" 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.
16. 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:
OWNERIDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Winston H. Moore
PO Box 8204
Boise, Idaho 83707
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
16.1
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.
17. 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.
18. 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.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including "City's" corporate authorities and their successors in office. This Agreement shall be
binding on the "Owner" of the "Property", each subsequent owner and any other person acquiring an
interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the
DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN)
PAGE 10 OF 13
"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", to execute appropriate
and recordable evidence of termination of this Agreement if "City", in its sole and reasonable
discretion, had determined that "Owner" has fully performed its obligations under this Agreement.
20. 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 ofthe other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between "Owner" 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 "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".
21.1
No condition governing the uses and/or conditions goveming re-zoning ofthe subject
"Property" herein provided for can be modified or amended without the approval of
the City Council after the "City" has conducted public hearing(s) in accordance with
the notice provisions provided for a zoning designation and/or amendment in force at
the time of the proposed amendment.
22. 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 ofthe "Property" and execution of the Mayor and City
Clerk.
DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN)
PAGE 11 OF 13
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided. '
OWNER /DEVELOPER:
~
CITY OF MERIDIAN
Attest:
STATE OF IDAHO)
: ss
COUNTY OF ADA )
On this /02 -f:!:: day of Af!iV"; I , 2005, before me, a
Notary Public, personally appeared WINSTON H. OORE known or IdentIfied to me to be the
person who executed the instrument and acknowledged to me that he have executed the same.
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DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN)
PAGE 12 OF 13
STATE OF IDAHO)
: ss
County of Ada )
On this (tp~ dayof §!r;( ,2005, before me, a Notary Public,
personally appeared Tammy de Weerd and Willi G. Berg, Jr., know or ldennfied 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.
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DEVELOPMENT AGREEMENT (AZ-O3-25)
PAGE 13 OF 13
BEFORE THE MERIDIAN CITY COUNCIL
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The above entitled annexation and zoning application having come on for public hearing
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 57.84 ACRES
FOR PROPOSED BLUE MARLIN
FROM RUT TO CoG, LOCATED ON
THE NORTHWEST CORNER OF
THE INTERSECTION OF USTICK
ROAD AND EAGLE ROADfSH 55,
IMMEDIA TEL Y NORTH OF THE
PROPOSED
KlSSLERfCO BBSfEA GY fR UWE
ANNEXATION AND EAST OF
CHAMPION PARKSUBDIVlSION,
MERIDIAN, IDAHO
W.H. MOORE COMPANY,
APPLICANT
C/C 03/23/04
Case No. AZ-O3-o25
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
on March 23, 2004, at the hour of7:oo p.m., and Anna Powell Planning Director for the Planning
and Zoning Department, Jonathan Seel, Winston Moore, Tom Davis and Comel1 Larsen,
appeared and testified, and the City Council having duly considered the evidence and the record
in this matter therefore makes the fonowing Findings DfFact 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 BLUE MARLIN
(AZ-O3-O25)
PAGE 1 OF 22
FINDINGS OF FACT
1.
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 I I 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.
3.
The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 57.84 acres in size and is located on the
northwest comer of the intersection of Us tick Road and Eagle Road/SH 55, immediately north of
the proposed Kissler/CobbsiEagy/Ruwe annexation and east of Champion Park Subdivision,
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 Compreheru;¡ive Plan.
4.
Per Ada County Assessor records*, there are three (3) separate tax parcels within
the proposed annexation boundaries. The parcel ownerships are as follows:
Winston H. Moore (2 parcels)
Joann Crawford (1 parcel; middle)
29.70 acres
28.05 acres
Total
57.75 acres (approx.)
*(Note: While the Ada County Assessor records still show Crawford as owner of
the 28-acre parcel, a Warranty Deed was submitted with the application showing
Mr. Moore purchased the property. However, the deed submitted with the
application is not recorded and the Assessor's Office still shows Joann Crawford
and Jack Joslin as the titled owners. Per staff's request, the Applicant submítted a
Memorandum of Purchase Contract which outlines the legal rights of Winston H.
Moore as the "Buyer" of the Crawford property." Said contract confirms that
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-O3-025)
PAGE2 OF22
Commercial).
W.H. Moore is the equitable owner of the 28-acre Crawford parcel and, as such,
bas the right to approve consent for the annexation application to be submitted to
the City. Winston H. Moore has provided notarized consent for the subject
application.
The Applicant is W.H. Moore Co. of Boise, Idaho.
s.
The property is presently zoned RUT (Ada County).
6.
The Applicant requests the property be zoned as CoG (General Retail and Service
7.
The subject property is bordered to the north by RUT and Agricultural and zoned
"Low Density" within the Boise City Area of Impact, to the south by RUT, to the east by R-8,
and to the west by RUT.
8.
The Applicant proposes to develop the subject property in the following manner:
no development plans were submitted with the application.
9.
The Applicant requests zoning of the subject rea] property as CoG, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Mixed Use-Regional.
10.
There are no significant or scenic features of major importance that affect the
consideration of this application.
11.
The City Council recognizes the concerns of Jack Ketlinski, Wally Hedrick and
Tom Davis addressed in their letters dated and February 11,2004, February 19,2004 and March
4, 2004.
12.
Giving due consideration to the comments received from the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-O3-o25)
PAGE 3 OF 22
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development wi11 not impose expense
upon the public if the following conditions of development are imposed:
A.
Adopt the Special Recommendation of the Planning & Zoning Commission as follows:
I. Delete Annexation and Zoning Site Specific Condition #3, pg. 8, of the 11/3/03 staff
report in its entirety.
2.
Replace Site Specific condition #3 with the fo]]owing:
"3.a. Prior to annexation ordinance approval, the City of Meridian and Winston H.
Moore will enter into a Development Agreement (DA). This DA will require
either a conditional use or a planned development application be submitted to
the City of Meridian prior to future development. (Per action of the City
Council taken at their March 23, 2004 meeting, eliminate the word subdivision,
so that the Development Agreement would require either a conditional use
permit or a planned development.)
3.b. A conceptual master plan will be submitted with the planned development
application or a site specific plan with any conditional use. (Per action of the
City Council taken at their March 23, 2004 meeting, eliminated the word "for"
and replaced it with the word "or".) .
3.c. Any future plan shall show a continuous public or private road system that goes
from Ustick Road north and may connect to the north boundary and may also
connect to Eagle Road, State Highway 55, if allowed by lTD. The Developer
shall provide further detail with the application for either a conditional use
pemùt or a planned development for a roadway system within the project, as
we]] as to how the traffic is going to be moved throughout the development,
and such roadway system shall be consistent with the ITD and ACHD. (Per
action of the City Council taken at their March 23, 2004 meeting by providing
an additional last sentence pertaining to the roadway system within the
development)"
B.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
FJNDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-O3-02S)
PAOE4 OF22
1. Essential City services will be made available to the subject property.
2.
Replace Site Specific condition #3 with the following:
"J.a.
3.b.
3.c.
Prior to annexation ordinance approval, the City of Meridian and Winston
H. Moore will enter into a Development Agreement (DA). This DA will
require either a conditional use or a planned development application be
submitted to the City of Meridian prior to future development. (Per action
of the City Council taken at their March 23, 2004 meeting, eliminate the
word subdivision, so that the Development Agreement would require
either a conditional use permit or a planned development.)
A conceptual master plan will be submitted with the planned development
application or a site specific plan with any conditiona] use. (Per action of
the City Council taken at their March 23, 2004 meeting, eliminated the
word "for" and replaced it with the word "or".)
Any future plan shall show a continuous public or private road system that
goes from Ustick Road north and may connect to the north boundary and
may also connect to Eagle Road, State Highway 55, if allowed by lTD.
The Developer shall provide further detail with the application for either a
conditional use permit or a planned development for a roadway system
within the project, as well as to how the traffic is going to be moved
throughout the development, and such roadway system shan be consistent
with the ITD and ACHD. (per action of the City Council taken at their
March 23, 2004 meeting by providing an addi tionallast sentence
pertaining to the roadway system within the development.)"
3. Remove any existing domestic wells and/orseptic systems within this project from their
domestic service, per City Ordinance Section 5-7-517, when services are available from
the City of Meridian. Wells maybe used for non-domestic purposes such as landscape
irrigation.
C.
Adopt the Recommendations of ACHD as follows:
If the rezone is approved and the District receives a development proposal, the District
intends to provide the following requirements, in addition to any additional requirements
FINDINGS OF FACT AND CONCWSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-O3-O2S)
PAGES OF 22
that may apply upon District review of future development, to the City of Meridian:
I. 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 from centerline along Ustick Road,
and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a
minimum of 41-feet &om the centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Ustick Road, located a minimum of41-feet from the centerline of the
right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Ustick Road, located at the back edge of the existing right-of-way.
Accomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
2. Construct any local roadways that are proposed to intersect Ustick Road to align or
offset a minimum of 300-feet from any existing roadway (measured centerline to
centerline).
3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a
minimum of 23 0- feet from any existing or proposed driveway or street.
4. Once the access points have been approved by the District, they are to be identified as
such on the construction drawings. The remaining frontage along arterial and
collector streets shaH be identified as having no access.
5. Comply with requirements of ITD for Eagle Road frontage. Submit a letter from ITD
regarding the said requirements prior to District approval of the final plat or issuance
of a building permit (or other required pemùts), whichever occurs fIrSt. Contact The
Idaho Transportation Department's District ill Traffic Engineer Dan Coonce at 334-
8300.
6. Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of Approval
I. Any existing irrigation facilities shall be relocated outside of the right-of-way.
FINDJNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-O3-O25)
PAGE 6 OF 22
2. AU utility relocation costs associated with improving street fi"ontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved
in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with
file numbers) for details.
5. An 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 requked design
changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-
of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shaI1 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCA TlON
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-Q3-025)
PAGE 7 OF22
11. Any change by the applicant in the planned use of the property which is the subject of
this application, shan require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
. the change in use is sought.
D.
Adopt the Recommendations of the Meridian Fire Department as follows:
The following will be the requirements and/or conCœ11S to provide minimum levels of fire
protection for the proposed project:
1. That a fIre-flow as required by the International Fire Code is provided to service the entire
project. Fire hydrants shall be placed an average of 350' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4. An internal & external roads shall have a turning radius of2S' inside and 48' outside.
5. Operational fire hydrants are required before combustible construction begins.
6. The fire lanes shall have a clear driving surface which is 20' wide available at all times.
E.
Adopt the Recommendations of the Nampa Meridian Irrigation District as follows:
1.
An laterals and waste ways must be protected.
2.
AU municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the Nampa & Meridian Irrigation District must review drainage
plans and requires a Land Use Change Application by filed for review prior to
final platting.
3.
The Developer must comply with Idaho Code 31-3805.
4.
NMID recommends that Ürigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
FINDJNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-O3-O2S)
PAGE 8 OF22
F.
Adopt the State ofIdaho Transportation Depar1:iUent's Recommendations as follows:
1. SH 55 has been designated a Principal Arterial. ITD would like Ada County and the
City of Meridian to help us preserve this corridor by recognizing the following
conditions. Future right of way widths win be, A: 120 feet each side of centerline
(240 feet total) for building setbacks and to include a fi:ontage road, or B: 70 feet
each side of centerline (140 feet total) if the developer provides an internal frontage
road type system to feeder roads.
2. Access to a Principal Arterial Type N will be intersections only, and spaced at one
mile intervals in rura1 areas and one-half mile intervals in urban areas. Approaches
(other than intersections) may be penni tted in special cases and on a temporary basis
as fonows:
(I)
Allowed until state highway system is improved by a construction
project at which time an access will be provided to the property,
which may not directly access the state highway system, but may
be via a frontage or backage road.
Shall be recorded at the County Recorders Office.
Temporary access restrictions wil1 be noted on the permit.
(2)
(3)
3. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and
will be constructed off of the State Right of Way. (Further information about the
noise abatement may be obtained from the Noise Abatement Measures, which is on
file in the City Clerk's office.)
13.
It is found that the 2002 Comprehensive Plan Future Land Use Map designates all of
the subject properties as "Mixed Use-Regional". The pUIpOse of this designation is "to provide for a
combination of compatible land uses that are typically developed under a master or conceptual plan. .
. and to identifY key areas [of the City] which are either infill in nature or situated in highly visible or
transitioning areas of the City where innovative and flexible design opportunities are encouraged.
The intent of this designation is to offer the developer a greater degree of design and use flexibility".
Additionally, the following Comprehensive Plan text policies are applicable to this application:
Chapter VII, pgs. 97-98, Chapter IV, Goal I, Obj. A, #6, Chapter IV, Goal ll, Obj. A, Chapter V,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-O3-025)
PAGE9 OF22
Goal ill, Obj. E, #8, Chapter VI, Subsection 2, pg. 71, Chapter VII, Goal I, Obj. B, #5, Chapter VII,
Goal N, Obj. D, #7.
14.
The general vicinity of this project is experiencing a rapid change from agricultural
and low density residential uses to corrunercial/urban type development.
Champion Park
Subdivision (aka "Parkstone") is a 100+ acre, mixed use development immediately west of the
subject property, the first phase of which has received final plat approval. Caro] Professional Center
is a six acre office park (zoned L-O) located approximately one half (~) mile south of the subject
' ,
property on the west side ofEagie Road. Municipal water was extended east ofEagie Road a few
years ago to serve Summer's Funeral Home. Providence Place Subdivision is a large, urban density
residential subdivision located in Boise City less than a ~ mile east of the property. It is found that a
rezone of the proposed proPertywouJd be compatible with other land use and facility changes in the
area.
IS.
No uses are proposed with this appJication. Certain permitted uses in the C-G zone
such as bus stations, outdoor entertainment uses, wholesale facilities and service statious, could have
a negative impact on the existing residential uses to the north and future homes in Champion Park.
The other existing single family use near the subject property (the Nesmith out parcel) is designated
as future mixed use in the comprehensive plan. It is found that any future uses, if designed,
constructed and operated in accordance with adopted city ordinances and future CUP appJications,
should be harmonious and appropriate in appearance with the existing character of the vicinity.
16.
It is found that the majority of future uses on the subject property will not be
hazardous or disturbing to existing or future neighboring uses if all development and landscaping
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-O3-02S)
PAGE 10 OF 22
ordinances are exercised. Some uses may be disturbing to existing residential uses to the west.
17.
It is found that roadway improvements will be required on Ustick Road to handle the
additional traffic generated by future development. Sanitary sewer and water are either currently
available or under Construction to provide service to the area. Comments were submitted by the
Meridian Fire Department, and are addressed in paragraph 12.D. above. All other public services and
facilities noted above appear to be adequate to service this property.
18.
It is found that this development will not CllUse excessive additional requirements at
public cost. The South Slough Trunk extension was funded by the City of Meridian but will not
create new demands on tbe public coffer for this development. Other required site improvements will
be funded and constructed by the developer. It is also found that the annexation and zoning alone
will not be detrimental to the community's economic welfare.
19.
It is found that several of the allowed uses in the CoG zone may involve activities,
processes, materials, equipment or conditions that could produce excessive traffic and noise and have
other public impacts. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of some uses such
as fire hazards, bulk storage, and contractor's yards. In addition, a Development Agreement could
establish use parameters that would prevent detrimental effects. To comply with this finding a DA
shall be entered into which requires a conceptual plan for future uses, paying particular attention to
uses along the north and northwest boundaries.
20.
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. In accordance with Comp Plan policy # 12 (pg. 79) and policy #2 (pg. 107), it is found
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-O3-o25)
PAGE 11 OF22
that the number of vehicular access points to Ustick and Eagle Roads should be restricted and
comply with ACHD policies in order to preserve the capacity and movement on these roadways at
build-out.
21.
It is found that the annexation alone will not result in the destruction, loss or damage
of other natural features.
22.
It is found that the annexation of this property would be in the best interest of the
City for the following reasons;
. increased commerciailand base available to future developers;
. increased property tax revenue;
. municipal services are avllilable to the area; and
. application substantially complies with the Comprehensive Plan.
It is also found that, based upon the infonnation submitted in the application, it is
difficult for the Corrunission and Council to fully detennine "best interest" factors, since no
future users are known at this time. The CUPIPD process does grant the City a fairly high degree
of design and use review authority, but the additional demand on staff to process such
applications should also be considered.
23.
It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings ofF act No. 12, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
24.
It is also found that the development considerations as referenced in Finding No.
12 are reasonable to require and must be taken into account, in order to assure the proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-O3-Q2S)
PAGE 12 OF22
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses wi11 not be hazardous or disturbing to the existing,
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides the City may annex: real property that is wi thin the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2.
The Council may take judicial notice of goverrunent 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 ofI97S", 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 fol1owing are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Chapter VII, pgs. 97-98, Chapter IV, Goal I, Obj. A, #6, Chapter IV, Goal II, Obj. A,
Chapter V, Goal III, Obj. B, #8, Chapter VI, Subsection 2, pg. 71, Chapter VII, Goal!, Obj.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-O3-O25)
PAGE 13 OF 22
B, #5, Chapter VII, Goal IV, Obj. D, #7.
5.
The zoning of(C-G) General Retail and Service Commercial is defined in the Zoning
Ordinance at § 1 1-7-2 K as fonows:
(CoG) General Retail and Service Commercial District: The purpose of the CoG District
is to provide for commercial uses which are customarily operated entirely or almost entirely
within a building; to provìde for a review of the impact of proposed commercial uses which
are auto and service oriented and are located in close proximity to major highway or arterial
streets; to fulfill the need of travel-related services as well as retail sales for the transient and
permanent motoring public. All such districts shall be connected to the Municipal water and
sewer systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
6.
Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt VS. The City ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
7.
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Seetion 12-4-13, which pertains to the piping of
ditches; and Seetion 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 Ordinancc thc owner
and/or developer shall enter into a Development Agreement.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Councll does hereby Order and this does
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-O3-02S)
PAGE 14 OF 22
Order:
1.
The applicant's request for annexation and zoning of approximately 57.84 acres to
General Retail and Service Commercial (C-G) is granted subject to the terms and conditions of this
Order hereinafter stated.
2.
The application is for annexation and zoning of57.84 acres. The legal description
shan be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parce] contiguous to the Corporate City Limits per Ordinance No. 686.
3.
Developer shall be required to meet the conditions set forth and in tb.e 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 Special Recommendation of the Planning & Zoning Commission as follows;
1. Delete Annexation and Zoning Site Specific Condition #J, pg. 8, of the 11/3/03 staff
report in its entirety.
2. Replace Site Specific condition #J with the following:
"3.a. Prior to annexation ordinance approval, the City of Meridian and Winston H.
Moore will enter into a Development Agreennent (DA). This DA will require
either a conditional use or a planned development application be submitted to
the City of Meridian prior to future development. (Per action of the City
Council taken at their March 23, 2004 meeting, eliminate the word subdivision,
so that the Development Agreement would require either a conditional use
permit or a planned development.)
3.b. A conceptual master plan will be submitted with the planned development
application or a site specific plan with any conditional use. (Per action of the
FINDINGS OF FACT AND CONCWSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BUm MARLIN
(AZ..Q3-o2S)
PAGE IS OF 22
City Council taken at their March 23, 2004 meeting, eliminated the word "for"
and replaced it with the word "or".)
3.c. Any future plan shall show a continuous public or private road system that goes
:!Tom Ustick Road north and may connect to the north boundary and may also
connect to Eagle Road, State Highway 55, if allowed by lTD. The Developer
shall provide further detail with the application for either a conditional use
permit or a planned development for a roadway system within the project, as
well as to how the traffic is going to be moved throughout the development,
and such roadway system shan be consistent with the ITD and ACHD. (Per
action of the City Council taken at their March 23,2004 meeting by providing
an additional last sentence pertaining to the roadway system within the
development.)"
B.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
I. Essential City services will be made available to the subject property.
2. Replace Site Specific condition #3 with the following:
"3.a.
3.b.
3.c.
Prior to annexation ordinance approval, the City of Meridian and Winston
H. Moore will enter into a Development Agreement (DA). This DA will
require either a conditional use or a planned development application be
submitted to the City of Meridian prior to future development. (per action
of the City Council taken at their March 23,2004 meeting, eliminate the
word subdivision, so that the Development Agreement would require
either a conditional use permit or a planned development)
A conceptual master plan will be submitted with the planned development
application or a site specific plan with any conditional use. (per action of
the City Council taken at their March 23, 2004 meeting, eliminated the
word "for" and replaced it with the word "or".)
Any future plan shall show a continuous public or private road system that
goes from Ustick Road north and may connect to the north boundary and
may also connect to Eagle Road, State Highway 55, if allowed by lTD.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING BLUE MARLIN
(AZ-O3-025)
PAGE 16 OF 22
The Developer shall provide further detail with the application for either a
conditional use permit or a planned development for a roadway system
within the project, as we]] as to how the traffic is going to be moved
throughout the development, and such roadway system shall be consistent
with the ITD and ACHD. (Per action of the City Council taken at their
March 23,2004 meeting by providing an additional last sentence
pertaining to the roadway system within the development.)"
3. Remove any existing domestic wells and/or septic systems within this project from their
domestic service, per City Ordinance Section 5-7-517, when services are available from
the City of Meridian. Wells maybe used for non-domestic purposes such as landscape
irrigation.
C.
Adopt the Recommendations of ACHD as follows:
If the rezone is approved and the District receives a development proposal, the District
intends to provide the following requirements, in addition to any additional requirements
that may apply upon District review of future development, to the City of Meridian:
I. 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 from centerJine along Ustick Road,
and construct a minimum 5-foot wide concrete sidewalk along U stick Road, located a
minimum of 41-feet from the centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Ustick Road, located a minimumof41-feet from the centerline of the
right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Ustick Road, located at the back edge of the existing right-of-way.
Accomplish all necessary adjustments 10 properly accommodate existing drainage and
utilities.
2. Construct any local roadways that are proposed 10 intersect Ustick Road to align or
offset a minimum of 300-feet ftom any existing roadway (measured centerline to
centerline).
FJNDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(~3-o2S)
PAGE 17 OF22
3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a
minimum of230-feet from any existing or proposed driveway or street.
4. Once the access points have been approved by the District, they are to be identified as
such on the construction drawings. The remaining ftontage along arterial and
collector streets shall be identified as having no access.
5. Comply with requirements ofITD for Eagle Road frontage. Submit a letter from ITD
regarding the said requirements prior to District approval of the final plat or issuance
of a building permit (or other required permits), whichever occurs fITS!. Contact The
Idaho Transportation Department's District m Traffic Engineer Dan Coonce at 334-
8300.
6. Comply with all Standard Conditions of Approval.
ACHD 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 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not anowed unless approved
in writing by the Dismct. Contactthe District's Utility Coordinator at 387-6258 (with
file numbers) for details.
S. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved !!1Jpplements, 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING BLUE MARLIN
(AZ-O3-O2S)
PAGE 18 OF 22
7. Construction, use and property development shaH be in conformance with all
appJicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-
of-way. The applicant at no cost to ACHD shall repair eJcisting utilities damaged by
the applicant. The applicant shall be required to cal1 DIG LINE (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 tezms 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 confumation 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.
D.
Adopt the Reconunenðations of the Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
I. That a fire- flow as required by the International Fire Code is provided to service the entire
project. Fire hydrants shall be placed an average of 350' apart.
2. Acceptance of the water supply for fire protection wiH be by the Meridian Water
Department.
3. Final approval of the fire hydrant locations shaH . be by the Meridian Fire
Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW.
AND DECISION AND ORDER GRANTING APPLICAnON
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-O3-025)
PAGE 19 OF 22
4. All internal & external roads shall have a h1rnÏD8 radius of 28' inside and 48' outside.
5. Operational fi:re hydrants are required before combustible construction begins.
6. The fire Janes shall have a clear driving surface which is 20' wide available at an times.
E.
Adopt the Recommendations of the Nampa Meridian Irrigation District as fol1ows:
1. AlllateraJs and waste ways must be protected.
2. All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the Nampa & Meridian Irrigation District must review drainage plans
and requires a Land Use Change Application by filed for review prior to final
platting.
3. The Developer must comply with Idaho Code 31-3805.
4. NMID recommends that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
F.
Adopt the State ofIdaho Transportation Department's Recommendations as follows:
I. SH SS has been designated a Principal Arterial. lTD would like Ada County and the City
of Meridian to help us preserve this corridor by recognizing the following conditions.
Future right of way widths will be, A: 120 feet each side of centerline (240 feet total) for
building setbacks and to include a frontage road, or B: 70 feet each side of centerline
(140 feet total) if the developer provides an internal frontage road type system to feeder
roads.
2. Access to a Principal Arterial Type IV will be intersections only, and spaced at one mile
intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than
intersections) may be permitted in special cases and on a temporary basis as follows:
(I)
Allowed until state highway system is improved by a construction
project at which time an access will be provided to the property,
which may not directly access the state highway system, but may be
via a frontage or backage road.
ShaH be recorded at the County Recorders Office.
Temporary access restrictions will be noted on the pennit.
(2)
(3)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONJNG BLUE MARLIN
(AZ-O3.Q2S)
PAGE 20 OF 22
3. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will
be constructed off of the State Right of Way. (Further infonnation about the noise
abatement maybe obtained from the Noise Abatement Measures, which is on file in the
City Clerk's office.)
4.
The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (C-G) General Retail and Service Commercial District, and Meridian City Code § 11-
7-2.
5.
Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the 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 conceming 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
property which may be adversely affected by this decision may, within twenty-eight (28) days after
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-O3-02S)
PAGE 21 OF 22
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
$0 ~ day of
+ìl
.2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
varnD -þ
VOTED~
VOTED~
VOTED~
VOTED ----==
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 1--'UJ- tl4
MOTION:
APPROVED:+ DISAPPROVED:-
Attest:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING BLUE MARLIN
(AZ-O3-O25)
PAGE22 OF22