HomeMy WebLinkAboutCottonwood Lane AZ
PARTIES:
1.
2.
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 34
BOISE IDAHO 05126/05 01:29 PM
~~~~~~E~:a~~~~:~ OF 1111111111111111111111111111111111111
Meridian Cily 105067162
DEVELOPMENT AGREEMENT
City of Meridian
Cottonwood Lane Partners, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 2 b ~ day of /J-p-rìL , 2005, by and between CITY OF
MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and
Cottonwood Lane Partners, whose address is PO Box 464, Nauvoo, Illinois 62354,
hereinafter called "OWNER/DEVELOPER".
1.
RECITALS:
1.2
1.3
1.4
1.5
1.6
1.1
WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law
and/or equity, of certain tract ofland in the County of Ada, State of
Idaho, described in Exhibit "A" for each owner, which is attached
hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the "Property"; and
WHEREAS, I.C. § 67-651 lA, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner/Developer" make a written commitment concerning the use
or development of the subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
WHEREAS, "Owner/Developer" has submitted an application for
annexation and zoning and conditional use permit ofthe "Property"
described in Exhibit A; 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 responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE I OF 13
1.7
1.8
1.9
1.10
WHEREAS, City Council, the 1st day of February, 2004, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit "B", which are attached
hereto and by this reference incorporated herein as if set forth in full,
hereinafter referred to as (the "Findings"); and
WHEREAS, the Findings require the "Owner/Developer" to enter
into a development agreement before the City Council takes fmal
action on annexation and zoning designation; and
"OWNERIDEVELOPER" deem it to be in its best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and requests;
and
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 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 Zoning and
Development Ordinances codified in Meridian City Code Title 11 and
Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 2 OF 13
3.1
3.2
3.3
"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 ofIdaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
"OWNERIDEVELOPER": means and refers to Cottonwood Lane
Partners, c/o Tom Holliday, whose address isPO Box 464, Nauvoo,
Illinois 62354, 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 and L-O attached hereto and by this reference
incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
4.2
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:
Rezone of 8.58 acres from RUT to C-G for a mixed use
development to include a hotel or restaurant on Freeway Drive.
The balance of the development would include an office park
behind the retail area and multi-family/apartments on a portion of
the land with frontage on Wells road and to the East.
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has
submitted to "City" an application for conditional use permit, and shall be required to obtain
the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance
criteria, therein, provided, prior to, and as a condition of, the commencement of construction
of any buildings or improvements on the "Property" that require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 3 OF 13
"Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
A.
B.
Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1.
No alterations, expansions, reconstructions or other enlargements to the
existing single-family structure will be permitted except through a CUP and
except where the use of the structure changes to a use permitted in the L-O/
CoG zone.
2.
All future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of
development. All future uses shall not involve uses, activities, processes,
materials, equipment and conditions or operation that will be detrimental to
any persons, property or the general welfare by. reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
3.
The applicant will be responsible for multi-use pathway construction along
the Five Mile Creek. Construction of said pathway shall meet the standards
as set forth in the August 2003 Comprehensive Parks and Recreation System
Plan, pgs. 3-2 and 3-3, sections B & C. The pathway must connect from one
major arterial to another, and either an easement or ownership deed must be
granted before the city will assume the maintenance of any section of
pathway.
Adopt the Standard Conditions of Approval as follows:
1.
Any existing irrigation facilities shall be relocated outside of the right-of-
way.
2.
All utility relocation costs associated with improving street ftontages abutting
the site shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator
at 387-6258 (with file numbers) for details.
5.
All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved
DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 4 OF 13
6.
7.
8.
9
10.
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived herein. An engineering registered in
the State ofIdaho shall prepare and certify all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance
of building permits (or other required permits), which incorporates any
required design changes.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
Payment of applicable road impact fees is required prior to building
construction in accordance with Ordinance #200, also known as Ada County
Highway District Road Impact Fee Ordinance.
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by 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 contact ACHD Traffic Operations
387-6190 in the event any ACHD conduits (spare or filled) are comprised
during any phase of construction.
The applicant shall coordinate the location and design of trash dumpster(s)
with the Sanitary Services Company (SSC) staff. Trash enclosures must be
built in the location and to the size approved by SSC. All dumpster(s) must
be screened in accordance with MCC 11-12-1.C. Contact Bill Gregory at
SSC (888-3999) for detailed review of your proposal and submit stamped
(approved) plans with your certificate of zoning compliance application.
11.
No building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building structure or land be established or
change in use on this site without first obtaining a Certificate of Zoning
Compliance (CZC) ftom the Meridian Planning and Zoning Department
(MCC 11-19-1.
12.
All required improvements must be complete prior to obtaining a Certificate
of Occupancy for the proposed development. A temporary Certificate of
Occupancy may be obtained by providing surety to the City in the form of a
letter of credit or cash in the amount of 110% of the cost of the required
improvements (including a paving, striping, landscaping, and irrigation). A
bid must accompany any request for temporary occupancy. Any temporary
occupancy will not exceed 60 days to complete the required improvements.
DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 5 OF 13
15.
16.
17.
18.
19.
20.
13.
If construction has not begun within 18 months of City Council approval, a
new conditional use permit must obtained prior to the start of development.
14.
Outside lighting shall be designed and placed in such a manner as to
eliminate glare and illumination of the adjoining roadways and properties, in
accordance with City Ordinance Section ll-13-4.C.
A drainage plan designed by a State ofIdaho licensed architect or engineer is
required and shall be submitted by the City Engineer (Ord. 557, 10-1-91) for
all off-street parking areas. Storm water treatment and disposal must be
designed in accordance with Department of Environmental Quality 1997
publication Catalog of Storm Water Best Management Practices for Idaho
Cities and Counties and City of Meridian standards and policies. Off-site
disposal into surface water is prohibited unless the jurisdiction which has
authority over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
All signage shall be in accordance with the standards set forth in Section 11-
14 of the City Zoning and Development Ordinance.
All construction shall conform to the requirements of the Americans with
Disabilities Act.
Applicant's (or successor's) failure to comply with any of the terms of
approval of the conditional use permit shall be cause for revocation of the
conditional use permit.
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 Ada County Highway
District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the application to comply with all
rules, regulation, ordinances, plans, or other regulatory and legal restrictions
in force at the time the applicant or its successors in interest advises the
Highway District of its intent to change the planned use of the subject
property unless a waiver/variance of said requirements or other legal relief is
granted pursuant to the law in effect at the time the change in use is sought.
Adopt the ACHD conditions listed in their report dated November 16, 2004, which
report lists required site-specific requirements, conditions of approval and street
improvements.
C.
DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 6 OF 13
D.
Comply with all the conditions in the corresponding applications in this matter,
Request for Annexation and Zoning, AZ-04-029.
E. Adopt the action of the City Council taken at their February 1, 2004 meeting as
follows:
For clarification:
1.
No alterations, expansions, reconstructions or other enlargements to the
existing single-family structure will be permitted except through a CUP and
except where the use of the structure changes to a use permitted in the L-O/
C-G zone.
2.
All future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of
development. All future uses shall not involve uses, activities, processes,
materials, equipment and conditions or operation that will be detrimental to
any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
3.
The applicant will be responsible for multi-use pathway construction along
the Five Mile Creek. Construction of said pathway shall meet the standards
as set forth in the August 2003 Comprehensive Parks and Recreation System
Plan, pgs. 3-2 and 3-3, sections B & C. The pathway must connect ITom one
major arterial to another, and either an easement or ownership deed must be
granted before the city will assume the maintenance of any section of
pathway.
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/Developer" or "Owner/Developer's" heirs, successors, assigns,
to comply with Section 6 entitled "Conditions Governing Development" of subject
"Property" of this agreement within two years of the date this Agreement is effective, and
after the "City" has complied with the notice and hearing procedures as outlined inI.C. § 67-
6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/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:
DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 7 OF 13
8.1
That the "City" provide written notice of any failure to comply with
this Agreement to "Owner/Developer" and if the "Owner/Developer"
fails to cure such failure within six (6) months of such notice.
9. INSPECTION: "Owner/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
10.2
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/Developer" of anyone
or more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such or
other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Developer's" cost, and submit proof of such recording to "Owner/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. Iffor 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/Developer", or by any successor or successors in title
or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action
at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 8 OF 13
13.1
13.2
In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner/Developer" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
In the event the performance of any covenant to be performed
hereunder by either. "Owner/Developer" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code §12-5-3, to insure that installation of the improvements,
which the "Owner/Developer" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner/Developer" has 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/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
DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 9 OF 13
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, ID 83642
Tom Holliday
Cottonwood Lane Partners
PO Box 464
Nauvoo, IL 62354
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
17.1
A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Owner/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
DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 10 OF 13
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/Developer", to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Owner/Developer" has fully performed its obligations under this
Agreement.
21. INY ALID PROVISION: If any provision of this Agreement is heldnQtvalid
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/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/Developer" and "City", other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this Agreement shall
be binding upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
22.1
No condition governing the uses and/or conditions governing development of
the subject "Property" herein provided for can be modified or amended
without the approval of the City Council after the "City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance
in connection with the annexation and zoning of the "Property" and execution of the Mayor
and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNERIDEVELOPER:
DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE I I OF 13
BY:
CITY OF MERIDIAN
ATTEST:
CITY CLERK ,
'::P11110"S
STATE O~ )
J.lQI16o"f;..ss
COUNTYbF AQA"I"'}
~
On this .:f6õayof ,in the year 2005, before me, a
Notary Public, personally appeared ',known or
identified to me to be the of COTTONWOOD
LANE PARTNERS, and t person who e cuted the instrument and acknowledged to me
that he executed the same on behalf of said limited liability corporation.
OFFIC"'i.ScAL
(SE L) LARRYUQrY;LEY
NOTARY PUBLiC 'OT¡';:- Oi ILLINOIS
MY COMMISSION E\f'. JULY 17.2005
STATE OF IDAHO)
: ss
County of Ada
On this ¡()lit day of ~~ ' in the year 2005, before
me, a Notary Public, personally appeared Tammy de We d and Wilham G. Berg, Jr., known
DEVELOPMENT AGREEMENT (AZ 04-029) COTTONWOOD LANE - PAGE 12 OF 12
or identified to me to be the Mayor and City 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-03-O27)
PAGE 13 OF 13
Exhibit "A"
Annexation Legal
A parcel ofland for annexation located in a portion of Lot 23, Block I, of Amended Magic View
Subdivision, as shown on the official plat recorded in Book 52 of plats at pages 4445 and 4446,
Records of Ada County, Idaho, and a portion of the EI/2 of Section 17, Township 3 North, Range
I East, Boise Meridian, City of Meridian, Ada County, Idaho and more described as Follows:
Commencing at a brass cap monument marking the NE comer of the NE 1/4 of said Section 17,
thence along the East line of said section 17, SOo046'02"E, a distance of 2,652.92 feet to a brass
cap monument marking the SE comer on the NE 1/4 of said Section 17, thence leaving said East
line, S69°3 I '29"W, a distance of 1,062.84 feet to a point on E. Freeway Drive being the POINT
OF BEGINNING;
Thence along the centerline ofE. Freeway Drive, S53° I 0'1 I "W, a distance ofI 12, 17 feet to a
point;
Thence along an arc of a curve to the right, having a radius of 3671.69 feet, an arc length of
241.34 feet, a central angle 0[3°45'58", and a chord bearing ofS53°30'16"W a distance of
241.31 feet to a to a point;
Thence leaving the centerline ofE. Freeway Drive N34°37'27"W, a distance of30.00 feet to a to
a 5/8 inch rebar marking the intersection of the North right-of-way line of E. Freeway Drive and
the West line of said lot 23;
Thence leaving said North right-of-way line and along the West line of said lot 23, NOoo50'40"W,
a distance of 547.47 feet to a 1/2 inch rebar;
Thence leaving said West line and along the South line of said lot 23, S89°40'22"W, a distance of
782.01 feet to a 5/8 inch rebar on the East right-of-way line ofS. Wells Drive;
Thence leaving said South line, S79°59'03"W, a distance of25.00 feet to a to a point on the
centerline of S. Wells Drive;
Thence along the centerline ofS. Wells Drive, NIooOO'57"W, a distance of7.85 feet to a to a
point;
Thence along an arc of a curve to the right having a radius of 133.40 feet an arc length of 61.57
feet, a central angle of26°26'38" and a chord bearing ofN03°12'22"E a distance of 61.02 feet to a
point;
Thence NI6°25'4l "E, a distance of391.86 feet to a to a point; .
Thence leaving the centerline of S. Wells Drive, S73°34'l9"E, a distance of25.00 feet to a 1/2
inch rebar on the East right-of-way line of said S, Wells Drive, also being the NW comer of said
lot 23;
Thence leaving said East right-of-way line and along the Northerly line of said lot 23,
Sn029'27"E, a distance of702.83 feet to a 5/8 inch rebar marking the Northeasterly comer of
said lot 23;
Thence leaving said Northerly line and along the Easterly line of said lot 23, S27°38'31 "E, a
distance of 625.95 feet to a 5/8 inch rebar on the North right-of-way line of said E. Freeway
Drive;
Thence leaving said North right-of-way line S36°49'49"E, a distance of 30.00 feet to the POINT
OF BEGINNING.
,...»;'"
Said parcel contains 377,281 square feet or 8.66 acres, more or less and is subject to all exist~. /....;;,<~.ì::... ;;:,>",
easements and rights-of-ways of record or implied. r ~. PJ/. . f..~."o'?"..{'\> l' ~:tIr':' '. '...'."'\..". ..
RE AP~,OVA~\ . - /~,,~J 't- " )\~;.,..\
BY. -= -b).' L.----'" II;;;? jJ \ ;','
OCT 11 2004 ,Q~" ,5517 .):~'
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MERlO IAN PUBLIC "Î';;':ZJtft,. Xtt/..¿:.:-V
""'O"'~""OT ,'.,.."""'HA~8
'&"'~4 S'
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LA WAND
DECISION & ORDER
In the Matter of a request to Annex and Zone 8.58 acres from RUT to CoG (General Retail
aud Service Commercial) AND L-O (Limited Office), by Cottonwood Lane Partners.
Case No(s): AZ-O4-029
For the City Council Hearing Date of: February 1,2005
A. Findings of Fact
1. Hearing Facts
a.
A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers ofrecord within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing, All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matter was duly considered by the City Council at the February 1, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
c.
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staffreport.
3. Application and Property Facts
8.
CITV OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), AZ-04-O29 - PAGE 1 aD .
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings are David and Maude Wells,
4. Required Findings per Zoning and Subdivision Ordinance
a.
a.
See Exhibit C for the findings required for this application.
B. Conclusions of Law
I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-
6503). .
2. The Meridian 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 The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No, 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Descriptions in Exhibit A, and the Annexation
and Zoning Comments in Exhibit 8. The conditions are concluded to be reasonable and
the applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is
hereby ordered that:
1. The Annexation and Zoning Comments are as shown in Exhibit B.
D. Exhibits
CITY OF MERIDIAN FINDINGS Of fACT, CONCLUSIONS Of LAW AND DECISION & ORDER
CASE NO(S). AZ-O4-029 - PAGE 2 of3
Exhibit A: Legal Descriptions (3 pages)
Exhibit B: Annexation and Zoning Comments
Exhibit C: Zoning Amendment Findings
By action of the City Council at its regular meeting held on the
rd1"P4~ ,2005.
/~~~ day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~~
VOTEDþ
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED ~
VOTED~
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY deWEERD
(TIE BREAKER)
VOTED-=
Attest:
and City Attorney.
By: j~~
City Clerk's Office
Dated: ~ -.;>~ -(6
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), AZ-Ø4..{129. PAGE 3 00
EXHmIT A
Cottonwood Lane
AZ-O4-029
Legal Description
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EXHIBIT B
Cottonwood Lane
AZ-04-029
Annexation and Zoning Comments
1.
The submitted legal descriptions for this property, prepared by Stephen R, Lee,
Jr., stamped 1-26-05, appear to meet the requirements of the City of Meridian and
State Tax Commission and will place the parcel contiguous to existing city limits.
Said legal descriptions depict a 5.90 acre portion of the site to be zoned L-O and a
2.24 acre portion of the site to be zoned CoG.
2.
The subject property is within the Urban Services Planning Area.
3.
Prior to the annexation ordinance approval, a Development Agreement (DA) shall
be entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and the developer. The applicant shall contact the
City Attornev. Bill Nary. at 888-4433 to initiate this process. The DA shall
incorporate the following:
. The applicant will be responsible for all costs associated with the sewer and
water service extension. Any existing domestic wells and/or septic systems
within this project will have to be removed «om 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.
. No alterations, expansions, reconstructions or other enlargements to the
existing single-family structure will be permitted except through a CUP and
except where the use of the structure changes to a use permitted in the L-O/C-
"G zone.
. All future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of
development. All future uses shall not involve uses, activities, processes,
materials, equipment and conditions of operation that will be detrimental to
any persons, property or the general welfare by reason of excessive production
of traffic, noise, smoke, fumes, glare or odors.
. The applicant will be responsible for multi-use pathway construction along the
Five Mile Creek. Construction of said pathway shall meet the standards as set
forth in the August 2003 Comprehensive Parks and Recreation System Plan,
pgs. 3-2 and 3-3, sections B & C. The pathway must connect ITom one major
arterial to another, and either an easement or ownership deed must be granted
before the city will assume the maintenance of any section of pathway.
. Any other conditions desired by the Commission and Council.
LISTED BELOW ARE SOME COMMENTS RELATED TO DEVELOPMENT
OF THE SUBJECT SITE. UPON THE RECEIPT OF A DEVELOPMENT
APPLICATION IN THE FUTURE, THE PLANNING DEPARTMENT INTENDS
TO FURTHER ANALYZE AND IMPOSE CONDmONS RELATED TO THE
COMMENTS BELOW. ADDITIONAL REQUIREMENTS THAT APPLY TO
DEVELOPMENT OF THE SUBJECT SITE MAY ALSO BE IMPOSED WITH
FUTURE DEVELOPMENT APPLICATION(S).
MERIDIAN FIRE DEPARTMENT COMMENTS (AZ-04-019)
1. Provide fire hydrant spacing per the International Fire Code. Commercial and
office occupancies will require a fire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed an average of
300' apart.
. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle,
The Fire hydrant shall not face a street which does not have addresses on
it.
Fire hydrant markers shall be provided per Public Works specs,
Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location,
Fire Hydrants shall be placed on corners.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
2.
.
.
.
.
The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have an approved turn around.
3.
All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4.
Provide a 20' wide Fire Lane for all internal & external roadways.
5.
Insure that all yet undeveloped parcels are maintained free of combustible
vegetation.
6.
Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
7.
Maintain a separation of 5' between future buildings and dumpster enclosures.
8.
Fire lanes and streets shall have a vertical clearance of 13'6", This includes
mature landscaping.
9.
Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed an average of 300' apart.
to.
The proposed multi-family development has an estimated 40 units. The Meridian
Fire Department has experienced 2397 responses in the year 2003. According to a
II.
12.
13.
14.
report completed by Fire & Emergency Services Consulting Group our requests for
service are projected to reach 2800 in the year 2005 and 3800 by the year 20 I O.
The proposed office/commercial uses will have an unknown transient population
and will have an unknown impact on Meridian Fire Department call volumes. The
Meridian Fire Department has experienced 2397 responses in the year 2003.
According to a report completed by Fire & Emergency Services Consulting Group
our requests for service are projected to reach 2800 in the year 2005 and 3800 by the
year 2010.
The first digit of the Apartment/Office Suite shall correspond to the floor level.
All processes & storage practices shall be required to comply with the International
Fire Code,
All portions of any buildings located on this project must be within I SO' of a paved
surface as measured around the perimeter of the building.
15.
Fire Sprinklers will be required for all buildings associated with this project.
16.
No Parking signs and painted curbs will be required for all Fire Lanes.
17.
Provide exterior egress lighting as required by the International Building & Fire
Codes.
SANITARY SERVICES COMPANY COMMENTS
1. Prior to issuance of a certificate of zoning compliance, that applicant shall submit an
approved site plan ftom SSC.
2.
Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application.
MERIDIAN PARKS DEPARTMENT COMMENTS
I. Pathway and Trail standards: The proposed pathway and/or trail shall meet the
standards as set forth in the August 2003 Comprehensive Parks and Recreation
System Plan, pgs, 3-2 and 3-3, sections B & C.
2.
Standard for City to assume Maintenance of a section of Pathway: The pathway
must connect from one major arterial to another, and either an easement or
ownership deed must be granted before the city will assume the maintenance of
any section ofpathway.
3.
Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed,
4.
4.
Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
NAMPA & MERIDIAN IRRIGATION DISTRICT
1. Applicant shall apply for a land use change application prior to final platting.
2.
Alllatera1s and waste ways must be protected.
3.
All municipal surface drainage must be retained on site. lf any surface drainage
leaves the site, the Nampa & Meridian Irrigation District must review drainage
plans.
4.
The Developer must comply with Idaho Code 31-3805.
5.
NMID recommends that irrigation water be made availab]e to all developments
within the Nampa & Meridian Irrigation District.
ADA COUNTY HIGHWAY DISTRICT
Site Specific Com/woru of Approval
This application is for a rezone only. Listed below are some of the policies that
apply to the site. Upon the receipt 0/ a development application the District may
require additional Findings of Consideration and Site Specific Requirements
tho;t apply to the review of/uture development applications.
1.
Construct Freeway Drive abutting the site as one half of a 40-foot street section
with vertical curb, gutter and 5-foot attached concrete sidewalk within the existing
right-of-way to match the adjacent improvements.
2.
Construct any proposed driveways on Freeway Drive a maximum of 36-feet wide.
Pave the proposed driveways their full width and at least 30-feet into the site
beyond the edge of pavement of Freeway Drive and install pavement tapers with
IS-foot radii abutting the existing roadway edge.
3.
Dedicate 27-feet of right-of-way from the centerline of Wells Street (an additional
2-feet of right-of-way) abutting the parcel by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance of a building
pennit (or other required permits), whichever occurs first. Allow up to 30
business days to process the right-of-way dedication after receipt of all requested
material. The owner will not be compensated for this additional right-of-way
because Wells Street is classified as a local roadway and is to be brought to
adopted standards by the developers of abutting properties,
Construct Wells Street abutting the site as one half of a 40-foot street section with
vertical curb, gutter and 5-foot attached concrete sidewalk.
5,
Construct any proposed driveways on WeUs Street amm¡jmum of 36"feet wide.
Pave the proposed driveways their full width and at least 30.feet into the site
beyond the edge of pavement of We Us Street and install pavement tapers with 15-
foot radii abutting the existing roadway edge.
6.
Comply with aU Standard Conditions of Approval.
Standard Conditions of Approval
I.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
AU utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8,
Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, 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 caU 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-
10.
11.
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative 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.
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.
EXHmIT C
Cottonwood Lane
AZ-O4-029
Zoning Amendment Findings
ANNEXATION & ZONING ANALYSIS
According to Ordinance 11-15-11. General Standards Applicable to Zoning
Amendments, both the P&.Z Commission and Council are required "to review the
particular facts and circumstances of each proposed zoning amendment in terms of the
following standards and shall find adequate evidence answering the following questions
. about the proposed zoning amendment, ..
Thefollowing is the list of standards found in 11-15-11 and analysis by City Council:
A.
Will the new zoning be harmonious with and in accordance with the
Comprehensive PIan and, if not, has there been an application for a
Comprehensive Plan amendment;
The 2002 Comprehensive Plan Future Land Use Map designates the subject
property as 'Commercial'. In Chapter VII of the Comprehensive Plan,
'Commercial' areas are anticipated to provide a full range of commercial and
retail to serve area residents and visitors. Uses may include retail, wholesale,
service and office uses, multi-family residential, as well as appropriate public uses
such as government offices. finds that the requested C-G zoning generally
conforms to this stated purpose and intent of the commercial designation within
the Comprehensive Plan. Please see the Special Considerations below for further
analysis of the proposed zoning designation and how it relates to the conceptually
proposed uses on the site.
City Council finds the following Goals, Objectives, and Action items contained in
the 2002 Comprehensive Plan to be applicable to this application (analysis is in
italics below policy):
. "Require all commercial businesses to install and maintain landscaping."
(Chapter V, Goal III, Objective D, Action item 5)
The applicant is not specifically proposing to install any landscaping with the
subject annexation application. The applicant will be .required to submit a
development application prior to constructing any use on the site, When the
jûture development application(s) are processed by the City. the applicant will
be required to construct landscaping along Freeway Drive, Wells Drive,
between different land mes, and along the perimeter of the site.
B.
C.
. "Permit new. . .commercial development only where urban services can be
reasonably provided at the time of final approval and development is
contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6)
The subject site can be ser\iiced by the CIty of Meridian 's sanitary sewer and
water systems.
. "Plan for a variety of commercial and retail opportunities within the Impact
Area." (Chapter VII, Goal 1, Objective B)
The proposed uses do contribute to the variety of commercial and retail uses
in this area, as envisioned with the Comprehensive Plan.
. "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile,
South Slough, and Jackson and Evans drainages) throughout commercial,
industrial and residential areas." (Chapter V, Goal I, Objective A, Action item
ll)
The applicant is not proposing to alter the Five Mile Creek in any way with
this applicatìrJn. The applicant will be required, through a Development
Agreement. to improve the Five Mile Creek amenity by constructing a muiti-
use pathway adjacent to it when the site develops, See Special Consideration
#2 be/ow.
City Council finds that a CoG zone is hal'monious with and in accordance
with the Comprehensive Plan. However, based on the conceptual site plan
submitted with the annexation application, City Council recommends that
the northwestern portion of the site he zoned L-O to accommodate multi-
family uses. Please see Special Considerations below for further analysis.
Is the area included in the zoning amendment intended to be rezoned Ù1 the
future;
Apartment houses are prohibited in the CoG zone. Therefore, if all of the subject
property is zoned CoG as requested, the applicant will need to rezone the
northwestern portion of the site to develop multi-family dwellings. If the site is
zoned as City Council recommends (C-G for the southeastern portion and L-O for
the northwestern portion), City Council does not anticipate that the subject
property will be rezoned again in the future. See Special Considerations below for
further analysis.
Is the area included in the zoning amendment intended tOo be developed in the
fashion that would be allowed under the new zoning - for example, a
residential area turning into commercial area by means of conditional use
permits;
Properties in this area. are rapidly transitioning from rural residential to
office/commercial type uses. In the applicant's submitta11etter, it is stated that the
subject property is intended to be used for a mix of uses. The submitted concept
plan shows a hotel on Freeway Drive (between two existing hotels), an office park
to the north of the hotel, and multi-family apartments on the land with frontage on
Well Street. Cun-ently, restaurants, hotels, and professional offices are
(principally) permitted uses in the CoG zone. Multi-family dwellings (apartments)
are prohibited in the C.G zone. Therefore, not all conceptually proposed uses
would be allowed under the proposed new zoning. Currently there are four City
zones that conditionally allow multi-family: the R-15, R-40, L-O and O-T zones.
No City zone principally permits multi-family dwellings. Consistent with the
Comorehensive Plan. the aoolicants conceotual site plan. as well as the other
office and retail uses that are developing within Magic View Subdivision. City
CoWlcil recommends that the northwestern oortion of the site be zoned L-O
(Limited Office).
D.
Has there been a change in the area or adjaceot areas which may dictate that
the area should be rezoDed. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion simi1ar to the proposed rezone area;
The general vicinity of this project is in transition &om low density residential
uses to commercial/urban type uses. Developments to the east and northeast in
close proximity to the subject lot include Texaco and Chevron fuel stations and
convenience stores, a credit union and bank, a 30,300 sq. ft, multi-tenant office
building, Subway and medical/clinical services. Two new hotels have currently
opened to the east and west of the subject site. In 2004, the 5,22 acre lot directly
to the north was annexed and zoned to CoG. 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.
As development occurs ACHD is requiring that the local/commercial streets in
Magic View Subdivision be widened and that developers construct sidewalk
adjacent to the developing sites. Further, this site lies within an extraordinary
impact fee overlay zone. llis overlay zone was established to install the
infrastructure for the redevelopment of the rural lots within Magic View
Subdivision, in anticipation of the lots redeveloping to commercial. The ACHD
now requires that developers within this overly zone pay into a reimbursement
fund for the costs that were associated with construction of the new road from the
intersection of Eagle Road and St. Luke's drive, to the intersection of Magic View
Drive and Allen Drive (see ACHD for more information). City Council finds that
annexation and zoning of the subject property would be compatible with other
nearby land uses and facility changes in the area.
E.
Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
F.
G.
character of the general vicinity and that such use will not change the
essendal character olthe same area;
No specific uses are proposed with tlris application. However, the applicant did
submit a conceptual plan of how the site may develop. If the site is (generally)
designed, constructed and operated as proposed with the conceptual site plan, the
development should be in accordance with adopted city ordinances and should be
hannonious and appropriate in appearance with the existing character of the
Magic View Subdivision area. The Comprehensive Plan envisions the north side
of Magic View Drive and the west side of Wells Street, to be office type uses and
the s(luth side of Magic View Drive to be more intense, commercial type uses.
City Council finds that a zoning change of this property to C-G and L-O (as
recommended by City Council) would fit within the character of the
Comprehensive Plan and will not adversely change the essential character of the
area.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
City Council finds 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 eJ(ercised. The Commission and Council
shall rely on public testimony to determine whether the proposed uses will be
disturbing or hazardous to the neighboring uses.
Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
estabUshment of proposed zoning amendment shall be able to provide
adequately any ofsuch services;
ACHD City Council commented on the proposed annexation application on
November 16, 2004. Included within ACHD staff's report were some of the
policies that apply to the subject site. Upon the receipt of a development
application, the ACHD will impose site specific conditions. MeridiaJ1 Fire, Police
and Parks Departments were represented at the Comments Meeting held on
November 12, 2004 for this application and provided comment that services could
be provided (all of the detailed comments from the Fire Department and other
agencies/departments are at the end of this report). Sanitary Service Company
(SSe) currently provides service to adjacent properties in the area, The
Commission and Council will need to reference any written or verbal testimony
submitted by The Meridian Public Works Department, Nampa Meridian Irrigation
District, Idaho Power, and other service providers regarding this fmding.
City Council fmds that the property proposed for annexation and zoning can be
served adequately by all essential public facilities and services.
I.
J.
H.
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
Required site improvements will be funded and constructed by the developer
through the Preliminary/Final Plat, CUP, and CZC process, The primary public
costs will be fire and police services, City Council finds that changing the zoning
of this site will not cause excessive additional requirements at public cost. City
Council also finds that the annexation and zoning of this site to CoG and L-O will
,not be detrimental to the community's economic welfare.
Will the proposed uses not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffie, noise, smoke, fnmes, glare or odors;
The applicant is not proposing a specific use for this property at this time. City
Council finds that any future uses will generate additional traffic on adjacent
roadways above and beyond the existing residence. The level of impact will
depend upon the type of future use(s). The purpose of the CoG zone is to
"provide for commercial uses which are customarily operated entirely or almost
entirely within a building." The purpose of the L-a zone is to "permit the
establishment of groupings of professional, research, executive, administrative,
accounting, clerical, stenographic, public service and similar uses.. . shall not
involve heavy testing operations of any kind or product manufacturing of such a
nature to create noise, vibration or emissions of a nature offensive to the overall
purpose of this District." As such, City Council does not anticipate future uses
will create smoke, fumes, glare, or odors that will be detrimental to the general
welfare of persons or property in the area. MCC 11-16-4 urovides the P&Z
Commission and Citv Council the authoritY to reouire a property owner to enter
into a Development Agreement with the Citv of Meridian that mav reQuire a
Conditional Use Permit or some written commitment for all future uses to more
fully comDlv with this findinll. Due to the mixed-use nature of the conceptual site
plan, City Council believes that a Development Agreement is necessary. (See
Annexation and Zoning Site-Specific Comments and Conditions below)
Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
City Council finds that future uses will impact the level and flow of traffic on the
surrounding streets. The applicant is not proposing specific access for this site
with the AZ application. The concept plan submitted with the application shows a
vehicular access to Wells Street and one to Freeway Drive. These two access
points are connected through the site via a drive aisle. Standards for future
L.
driveway offsets are determined by ACHD. Further, specific traffic count
generation will be determined at the time ofdeveloprnent application, which must
be reviewed and approved by ACHD. City Council finds that the property can be
designed to not create significant interference with traffic on the surrounding
public streets.
K.
Will not result in. the destruedon, loss or damage of a natural or sl:enic
feature of major importance; and
City Council finds that the Five Mile Creek is a significant natural feature that
should be protected through standard stonnwater and run-off management
practices. As a large portion of this site lies within the floodplainlfloodway of the
Five Mile Creek, future development of the property should comply with the
established guidelines for construction within floodwayslflood plains,. City
Council is not aware of any other natural or scenic feature(s) that may be lost,
damaged or destroyed by allowing this site to be annexed and developed. Any
existing trees larger than 4" caliper that are removed shall be mitigated for, per
the Landscape Ordinance.
Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)"
For the reasonli listed in thefindings above, Citv Council finds that the annexinf!
and zoninf! of this orOl1ertv would be in the best interest or the Citv,
MflR-2i-O5 03:51PM
FROM-Team Realty Inc.
2014651709
1-315 P.C02/003 F-460
~ Jl ~ 985 COIFORATE ....... ......... Ie B3851
I ~ I OFFICE (208)46507770 FAX (208) 4657709
~E4L TY
March 29, 2005
Tom Holliday
Cottonwood Lane Partners
P.O. Box 464
Nal.lvoo, IL 62354
Care of;
Dave Bohecker
Mark Bottles Real-Estate Services
5418 N. Eagle Road Suite 160
Boise, ID 83713
RE:
Development Agreement - Cottonwood Lane Partners
985 E. Freeway Drive Meridian, ID
Dear Sirs,
Due to the death of Mr. Wells, my clients are unable to get together with me to review
first hand this final draft of the development agreement (faxed to my office today by
Dave Bohecker).
As per my instructions ftom my client(s), Mr. Don Forbush, Trustee for the Wells
Investtnent Trust, I have been asked to respond immediately to the buyers request for a
letter acknowledging the Wells Investment Trust are in agreement with the City of
Meridian's development agreement with Cottonwood Lane Partners, as there is no new
information or any changes from the development agreement they have reviewed
previously, and to speed this transaction to closing of escrow without any further delay.
MAR-29-05' 03: 58PM
FROM-ham Realty Inc.
208465TTO9
T-315 P.003/003 F-450
Therefore, Wells Investment Trust and all it's Trustees approve and concur with all
findings and facts therein this development agreement as written and approved by the
.city of Meridian and Cottonwood Lane Partners and Mr. Tom Holliday.
Sincerely,
"
Matt Lo at!
Team Realty, Inc
Agent for the Sellers - Wells Investment Trust
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