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HomeMy WebLinkAbout20230404171209010June 18, 2002 Re: Franklin Mini Storage AZ 01-011 Ordinance No. 02-950 Dear Applicant or Agency, Enclosed you will find a copy of the recorded ordinance as noted above. Please feel free to contact our office if you have any questions. Sincerely, Sharon Smith Deputy City Clerk Enc. 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 • City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723 _� •} LEGAL DEPARTMENT MAYOR t'•� .i ?s (208) 288-2499 • Fax 288-2501 Robert D. Corrie '-j, �''��'� �-`'� PARKS & RECREATION CITY CITY or- � :. `�\ CITY COUNCIL MEMBERS -'�`-T �,f \ (208 888-3579 •Fax 898-5501 PUBLIC WORKS Tammy deWeerd �/ j� (208) 898-5500 -Fax 887-1297 William L. M. Nary IDAHO j tike BUILDING DEPARTMENT Cherie McCandless /� (208) 887-2211 • Fax 887-1297 Keith Bird/SINCE PLANNING AND ZONING 1900 (208) 884-5533 • Fax 888-6854 June 18, 2002 Re: Franklin Mini Storage AZ 01-011 Ordinance No. 02-950 Dear Applicant or Agency, Enclosed you will find a copy of the recorded ordinance as noted above. Please feel free to contact our office if you have any questions. Sincerely, Sharon Smith Deputy City Clerk Enc. 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 • City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723 RECORDED - RP -'QUEST 0 .ADA COUNTY RECORDER J. DAME h1 VARRO V R . ,, 1'!C' FEEL._ DEP 2002 MY 16 AM 11:21 1 02056 124 M &1ZI-I,uim CITY CITY OF MERIDIAN ORDINANCE NO. 04- e2 --F-50 AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS FRANKLIN MINI STORAGE THE LOCATION OF WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C -G); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: ANNEXATION AND ZONING ORDINANCE (AZ -01-011) - 1 ANNEXATION DESCRIPTION FOR RON OSBORNE A parcel of land located in the E. E. 1/�, Northwest 1/4, Section 17, Township 3 North, Range 1 East, Boise, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner Section 17, T. 3N., R. 1E., B.M., Idaho, thence N. 89'32'15" E along the north line of Northwest 1/4 Section 17, 992.28 feet to a point being the northwest comer of E 1/2, E 1/2, NW 1/4 of said Section 17, the Real Point of Beginning of this description Thence S 00'02'16" E 40.00 feet to a point on the south right of way of Franklin Road; Thence continuing S 00'02'16" E along the west line of the E 1/2 E 1/2 Northwest 1/4 said Section 17 1289.18 feet to a point on the north line of Snorting Bull Subdivision, on record at the Ada County Recorders Office in Book 81 of Plats, at Pages 8764 through 8772; Thence N 89°30'50" E along said north line 330.99 feet to the Southwest corner of said Greenhill Estates Subdivision, on record at the Ada County Recorders Office in Book 35 of Plats, at Page 3000; Thence N 00°02'52" W along the west line of said Greenhill Estates Subdivision 1289.05 feet to a point on the south right-of-way of Franklin Road; Thence continuing N 00002'52" W 40.00 feet to the N 1/4 corner of said Section 17; Thence S 89'32'15" W 330.76 feet along the north line of NW 1/4, to the Point of Beginning of this description. Said parcel contains 10.09 acres, more or less. ANNEXATION AND ZONING ORDINANCE (AZ -01-011) - 2 SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail And Service Commercial District (C -G). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in, Section 1 dated j_/ �ZaoZ , and that the uses are to be developed under the the 21 Sj day of planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries ANNEXATION AND ZONING ORDINANCE (AZ -01-011) - 3 ing the lands herein annexed, with the following officials of of the City of Meridian, includ the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 71� day PASSED of Y�_, Y THE , IDAHO, this �_� 11) APPROVED B MAYOR OF THE CITY OF MERIDIAN �r �Z day of �2c� MAYOR ATTEST: of MER/6' CITY CLERIC = 5L "76.1 Q0, 'i'0 Coo' ._, { \ ANNEXATION AND ZONING ORDINANCE (AZ -01-011) - 4 STATE OF IDAHO,) ss. County of Ada. )2 -�" �/ 29 before me, the undersigned, On this- _day of ��� ' Nota Public in and for said State, personally appeared ROBERT Clerk o f ORRI ono f a Notary City the WILLIAM G. BERG, JR., known to me t thin instrumente the Mayor , adnd acknowledged to me that Meridian, Idaho, and Nvho executed the wi the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) � M ■� 1 ZG • m o qF tea,■■■■♦ h cw) j)-� 9mc-, 4e,--) NOTARY PUBLIC FOR IDAHO RESIDING AT:Ad ox, ��m •, S MY COMMISSION EXPIRES f -011 CUP01 024\AZOrd.doc Z.\Work\M\Meridian\Meridian 15360MUranklin Mini Storage AZ01 ANNEXATION AND ZONING ORDINANCE (AZ -01-011) - 5 0 h m 1 w o N Z N z < o �0zoNo 5 (o O m Wi (n � M o a io as AGUR U O z Z o L'- a V) Z O F- Z ;2i } f- N o o N _ U (n n z H w V) cy- O . U ma GOOMNaow 3 ,50'6921 3 M„ZS,ZO.00N ' `° 0 o 0, rn iV L� 0O L`) a o M Zn M co in 9 V69Z L CID z 0 3„9 L,ZO.00S O Z Y Z Z a ow EL m w as anoaa isnom s w 3 (7 iD N Z � 1) Of 04 Q O O UJ O O M NO Z J CII H w O O J -t �t w Z r N J CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. ti2;'95a passed by the City Council of the City of Meridian, on the day of 41 av 2002, is a true and correct copy of the original of said document which is in th care, custody and control of the City Cleric of the City of Meridian. &r it r is rrr; rr��� SEAL WILLIAM G. BERG, JR. Ncc O STATE OF'��T ��rrrrru►r nt����\ SS. County of Ada, r-7 4t) On this L day of , in the year 2.06 , before me, '�� , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. PA 00 (SEAL) ■ O � f ° `q�'BpF�Yo"oo °°•rrrrr♦ Lq Notary Public for Idaho Commission Expires:_ o _ Zg Z:\Work\M\Meridian\Meridian 15360M\Franklin Mini Storage AZ01-011 CUP01-024\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN - (AZ -01-011) RECORDED REQU S 0` MA COUNTY RECORDER �. pNlif? FdA,AH0 FEE EP T 2002 H 16 Ail 11: 22 102056127 tdMF_81D)Al� CITY DEVELOPMENT AGREEMENT PARTIES: 1- City of Meridian 2. Osborne Enterprises, L.L.C., an Idaho limited liability company, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this �l �� day of , 2042, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and OSBORNE ENTERPRISES, L.L.C., an Idaho limited liability company, hereinafter called "OWNER"/"DEVELOPER", whose address is 960 Broadway Avenue, Suite 505, Boise, Idaho 83706. I RECITALS: 1.1 WHEREAS, "Owner"/"Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, 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, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner or "Owner"/" Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance I 1-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner"/"Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of DEVELOPMENT AGREEMENT— AZ -01-011 — 1 (C -G) General Retail And Service Commercial District, (Municipal Code of the City of Meridian); and 1.5 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 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning &. Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the Z� day of Oc?�ZPf 2001, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Owner"/"Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER"/"DEVELOPER' 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 1.10 WHEREAS, "City" requires the "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 DEVELOPMENT AGREEMENT - AZ -01-011 - 2 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 Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, 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: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER"/"DEVELOPER": means and refers to Osborne Enterprises, L.L.C., an Idaho limited liability company, whose address is 960 Broadway Avenue, Suite 505, Boise, Idaho 83706, the party developing said "Property" and shall include any subsequent owners)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City o DEVELOPMENT AGREEMENT -AZ-01-011 - 3 Meridian as described in Exhibit "A', attached hereto and by this reference incorporated herein as if set forth at length. 4 USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Section 11-7-2 11,which are herein specified as follows: Construction and development of a mini -storage facility. 4.2 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 ,COrdinaappronce val thareof,itherein, accordance to the City's Zoning & Develop e 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: "Owner"/"Developer" shall develop the "Property" in accordance with the following special conditions: 6.1 Prior to annexation, the applicant shall provide documentation that Ada County has approved a combination/split of the properties to reflect the lots as proposed are legal lots. If such documentation is not submitted, the applicant shall be required to prepare a subdivision plat for recordation prior to obtaining building permits. If annexed, all future uses shall be required to be approved through the planned development process and as conditional uses. DEVELOPMENT AGREEMENT -AZ -01-011 - 4 6.2 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing o r adjacent12-4-13. dcontiguous to the parcel shall be tiled per Cyldoan shall be approved by the appropriate irrigation/drainage district, or lateral users association, with confirmation f said approval submitted to the PublicWorcs Department. The Five Mile Drain is a natural waterway and will not be tiled. 6.3 Any existing domestic wells and/or septic systems within this project shall have to be removedtheir Wellslmay be estic usedice por City Ordinance Section 9 1 4 and 9-4-8. non-domestic purposes such as landscape irrigation. 6.4 Two -hundred -fifty- and OO -a alocat locations des designated by the Public ressure sodium streetlights shall be required Works Department. All streetlights shall be installed at the developer's expense. Typical locations are at street intersections and/or fire hydrants. 6.5 Outside lighting shall be designed and placed so as not to directly or indirectly illuminate any nearby residential areas or public right-of-ways and shall be in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 6.6 Applicant shall comply with all of the General Requirements of the Staff comments listed in their July 2, 2001 letter. 6.7 Dedicate 48 -feet of right-of-way from centerline of a final Franklin Road abutting the parcel by means of recordation subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 6.8 Provide a $6,600 deposit to the Public RigoncretW y Trustwalk Fund for the cost of constructing a 5 -foot wide Franklin Road abutting the parcel (approximately 330 -feet) prior to issuance of a building permit, or District approval of a final plat, whichever occurs first. DEVELOPMENT AGREEMENT - AZ -01-011 - 5 6.9 The proposed driveway located approximately 135 -feet west of the east property line is approved with this application, should this site develop prior to driveway plans being submitted for the Sparrowhawlc Subdivision on the north side of Franklin Road. Otherwise, the driveway shall align or offset a minimum of 1 85 - feet from any driveways within the Sparrowhawlc Subdivision. 6.10 Pave the driveway its full width of o 0 avement of Franklin to 35 -feet and at Road 30- feet into the site beyond the edgep and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 6.11 Only one driveway is approved with this application. Any existing driveway(s) shall be closed using berming, landscaping, curbing, or other method approved by the District. om 6.12 Locate any proposed gated entry Coo dinate the locatiominimum of 50 -feet n of ny the new Franklin Road right-of-way. proposed gated entry with District staff. 6.13 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 6.14 Any existing irrigation facilities shall be relocated outside of the right-of-way. 6.15 Other than the access point specifically approved with this application (as noted on the submitted site plan), direct lot or parcel access to Franklin Road is prohibited. 6.16 Applicant shall additionally comply letter dated June 22th all the x2001. Requirements listed in the ACHD's 6.17 If a pressure urban irrigation system is planned that shall be owned, operated and maintained by the Irrigation District, then Applicant shall coordinate with the District concerning the installation of the pressure system, and also fill out and return a questionnaire of the pressure urban irrigation system. DEVELOPMENT AGREEMENT - AZ -01-011 - 6 operty as a 6.18 Use of a portion of thhPe shall be no more than four adult h may continue. However, horses and one colt allowed to pasture as a non -conforming use. 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's"/"Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION .AND REVERSAL OF ZONING DESIGNATION: "Owner"/"Developer" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner"/"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 nce or policy, n "Property" as required by this agreement or by Citi ordi ns and wrienotify the City Engineer and request the City Engineers p ecti approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner/"Developer", Owner"/"Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the DEVELOPMENT AGREEMENT -AZ-01-011 - 7 "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any defaultcovenants bts orOconditions hereof of any one or more of the 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: nIO1N ,Cincludi shall all oftherecord either a memorandum of this Agreement or this Ag Exhibits, at "Owner/"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 the Coning of the ity Council the City Council. If for any reason after such 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. 13.1 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 DEVELOPMENT AGREEMENT -AZ -01-011 - 8 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. 13.2 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 OCCUP be issued until The llri'm`provements agrees that no Certificates of Occupancy wi are completed, unless the "City" and "Owner"/"Developer" have entered into an addendum agreement stating when the iCp-rt fvicates tof Occs willbpancy shalldin be a phased developed; and in any event, no 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 contained in the Fir or ndings of s assigns, heirs, or successors shall not meet the conditions DEVELOPMENT AGREEMENT- AZ -01-011 - 9 Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States ddresse registered follo r certified mail, postage prepaid, return receipt requested, a CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Osborne Enterprises, L.L.C., an Idaho limited liability company 960 Broadway Avenue, Suite 505 Boise, Idaho 83706 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 AT'T'ORNEY 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 ea separate tract th stween the parties and shall survive any default, termination or forfeiture 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 DEVELOPMENT AGREEMENT - AZ -01-011 - 10 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 of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "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. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner"/" 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 DEVELOPMENT AGREEMENT - AZ -01-011 - 11 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 Cleric. DEVELOPMENT AGREEMENT -AZ -01-011 - 12 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. ATTEST: CI CLERIC OSBORNE ENTERPRISES, L.L.C., an Idaho limited liability company BY: W-�' Ronald L. Osborne, Member IM YOR ROBER DEVELOPMENT AGREEMENT - AZ -01-011 - 13 CORRIE STATE OF IDAHO ) :ss COUNTY OF ADA ) On this day of , in the year 2002, before me,���, � a Nota6 Public, personally appeared Ronald L. Osborne, member, of Osborne Enterprises, L.L.C., an Idaho limited liability company, known or identified to me to be the person who executed the instrument, and acknowledged to me that he did execute the foregoing instrument on behalf of said limited liability company. Q1 d0 • 7x't oqd' (SEAQ STATE OF IDAHO ) :ss County of Ada ) Not Pu_blitlor Idaho Commission expires: '7`�3/cV.�;- On this n i day of ` W4G , in the year 2002, before me, a Notary Public, personally appeared R ert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric, 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. ♦oa*Nwar•• e ONS, • 12 D It (SEAL) Notary Public for Idaho Commission expires: •rr�aa♦ Z:\Work\M\Meridian\Meridian 15360NUranklin Mini Storage AZ01-011 CUP01.024\DevelopAgcleanndoc DEVELOPMENT AGREEMENT — AZ -01-011 - 14 EXHIBIT A Legal Description Of Property A parcel of land located in the E. 1/z, E. '/a, Northwest 1/4, Section 17, Township 3 North, Range 1 East, Boise, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner Section 17, T. 3N., R. lE., B.M., Idaho, thence N. 89'32'15" E along the north line of Northwest 1/4 Section 17, 992.28 feet to a point being the northwest corner of E 1/2, E 1/z, NW 1/4 of said Section 17, the Real Point of Beginning of this description Thence S 00'02'16" E 40.00 feet to a point on the south right of way of Franklin Road; Thence continuing S 00'02'16 " E along the west line of the E 1/z E 1/z Northwest 1/4 said Section 17 1289.18 feet to a point on the north ' line of Snorting Bull Subdivision, on record at the Ada County Recorders Office in Book 81 of Plats, at Pages 8764 through 8772; - Thence N 89°30'50" E along said north line 330.99 feet to the Southwest corner of said Greenhill Estates Subdivision, on record at the Ada County Recorders Office in Book 35 of Plats, at Page 3000; Thence N 00°02'52" W along the west line of said Greenhill Estates Subdivision 1289.05 feet to a point on the south right-of-way of Franklin Road; Thence continuing N 00°02'52" W 40.00 feet to the N 1/4 corner of said Section 17; Thence S 89'32'15" W 330.76 feet along the north line of NW 1/4, to the Point of Beginning of this description. Said parcel contains 10.09 acres, more or less. DEVELOPMENT AGREEMENT- AZ -01-011 - 15 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT- AZ -01-011 - 16 I BEFORE THE MERIDIAN CITY COUNCIL GC 09-18-01 IN THE MATTER OF THE ) Case No. AZ -01-011 APPLICATION OF RON ) OSBORINE, THE APPLICATION ) FINDINGS OF FACT FOR ANNEXATION AND ZONING OF ) AND CONCLUSIONS 9.79 ACRES FOR FRANKLIN MINI ) OF LAW AND STORAGE, LOCATED AT 1975 E. ) DECISION AND FRANKLIN ROAD, MERIDIAN, IDAHO ) ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on September 18, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant, Ron Osborne, and Kent Brown appeared and testified on behalf of the Applicant, and appearing with comments and/or concerns was Scott Beecham, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE I FRANKLIN MINI STORAGE (AZ -01-011) Page 1 FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for September 18, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly -considered by the City Council at the September 18, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full -'opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ I 1-15-5 and I1-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGW RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 9.79 acres in size and is located at 1975 E. Franklin Road. The property is designated as Franklin Mini Storage. 6. The owner of record of the subject property is Ron and Carla Osborne of Meridian, Idaho. 7. Applicant is Ron Osborne of Meridian, Idaho. 8. The property is presently zoned by Ada County as RUT, and consists of vacant land and I single family dwelling. 9. The Applicant requests the property be zoned as C -G. 10. The subject property is bordered to the north by the proposed Sparrowhawk Subdivision, zoned C -G, to the south by Woodbridge Subdivision, zoned R-4, to the east by Greenhill Estates Subdivision, zoned R-1, and a single- family dwelling and agricultural land, zoned RUT, and city limits of the City of Meridian are adjacent and abut to the north and south of the subject property. 11. The property which is the subject of this application is within the Area FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: develop a mini -storage facility. 14. The Applicant requests zoning of the subject real property as C -G which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mined Planned Use Development. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. The .City Council recognizes the concerns of Derrick O'Neill on behalf of the Woodbridge Community, LLC, Greenhill Estates Homeowners Association, Sara Seidl of Seidl Home Company, and Ron Whitney of Whitney Homes, and Robin Paulson. 17. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 17.1 Applicant shall be required to enter into a Development Agreement with the Citv as a condition of annexation. The Development Agreement shall address, among other things, specific landscape' common area requirements, phasing timeframes, any building height limitations, signage, pathways, lighting and noise, hours of operation, and other items as required by the Commission or Council. Prior to annexation, the applicant shall provide documentation that Ada County has approved a combination/split of the properties to reflect the lots as . proposed are legal lots. If such documentation is not submitted, the applicant shall be required to prepare a subdivision plat for recordation prior to obtaining building permits. If annexed, all future uses shall be required to be approved through the planned development process and as conditional uses. 17.2 All irrigation ditches, laterals or canals, exclusive of natural waterways, . intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans sliall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Five Mile Drain is a natural waterway and will not be tiled. 17.3 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 17.4 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at the developer's expense. Typical locations are at street intersections and/or fire hydrants. 17.5 Outside lighting shall be designed and placed so as not to directly or indirectly illuminate any nearby residential areas or public right-of-ways and shall be in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) 17.6 Applicant shall comply with all of the General Requirements of the Staff comments listed in their July 2, 2001 letter. Adopt the Recommendations of the Ada County Highway District as follows: 17.7 Dedicate 48 -feet of right-of-wav from the centerline of Franklin Road abutting the parcel by means of recordation of a Final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs First. 17.8 Provide a $6,600 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing a 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 330 -feet) prior to issuance of a building permit, or District approval of a final plat, whichever occurs first. 17.9 The proposed driveway located approximately 135 -feet west of the east property line is approved with this application, should this site develop prior to driveway plans being submitted for the Sparrowhawk Subdivision on the north side of Franklin Road. Otherwise, the driveway shall align or offset a minimum of 1 85 -feet from any driveways within the Sparrowhawk Subdivision. 17.10 Pave the driveway its full width of 30 to 35 -feet and at least 30 -feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 17.11 Only one driveway is approved with this application. Any existing driveway(s) shall be closed using berming, landscaping, curbing, or other method approved by the District. 17.12 Locate any proposed gated entry a minimum of 50 -feet from the new Franklin Road right-of-way. Coordinate the location of any proposed gated entry with District staff. 17.13 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) 17.14 Anv existing irrigation facilities shall be relocated outside of the right-of- way. 17.15 Other than the access point specifically approved with this application (as noted on the submitted site plan), direct lot or parcel access to Franklin Road is prohibited. 17.16 Applicant shall additionally comply with all the Standard Requirements listed in the ACHD's letter dated June 22 200 1. Adopt the Recommendations of the Nampa C Meridian Irrigation District as follows: 17.17 If a pressure urban irrigation system is planned that shall be owned, operated and maintained by the Imgation District, then Applicant shall coordinate with the District concerning the installation of the pressure system, and also fill out and return a questionnaire of the pressure urban irrigation system. Additionally, the Applicant shall comply with the City Council's action from their meeting held on Tuesday, September 18, 2001, as follows: 17.18 Use of a portion of the property as a non -conforming use may continue. However, there shall be no more than four adult horses and 1 colt allowed to pasture as a non -conforming use. 18. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 17, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 19. It is also found that the development considerations as referenced in Finding No. 17 are reasonable to require and must be taken into account, in order to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the e�sting, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 20. It is found that the zoning of the subject real property as General Retail And Service Commercial District (C -G) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 21. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 21.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) 21.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the ivieridian Urban Service Planning Area submitted in the record of this matter. 21.3 The application is consistent with Meridian's self identity. 21.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 21.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 22. The property can be physically serviced with City water and sewer, if applicant extends the lines. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY RON OSBORNE I FRANKLIN MINI STORAGE (AZ -01-011) M annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan, City of Meridian, adopted December 21, 1993, Ord. No. 629, January 4, 1994.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND' ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban. Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 4.B Comprehensive Plan Policies: The goals and policies listed below most directly apply to the proposed project: Goals of the Comprehensive Plan Goal 7: To provide community services to fit existing and projected needs. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page I 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) Economic Development Chapter 1.2-- ...set aside areas where commercial interest and activities are to dominate. 1.4—Positive programs should be undertaken to support e:dsting commercial areas to ensure their continued vitalitv.. . Land Use Chapter 4.3U—Encourage - new commercial development within under-utilized e.,asting commercial areas. 4.8U—Encourage commercial uses ... to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. Community Desi n Chapter 2.2U—Encourage area beautification through uniform sign design that enhances the community. 4.4U—Encourage landscaped setbacks for new development. S. The zoning of General Retail And Service Commercial District (C -G) is defined in the Zoning Ordinance at § 11-7-2 I< as follows: (C -G) General Retail And Service Commercial District: The purpose of the C -G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need 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. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a mined FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 .AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -0 1 -0 11) planned use development on this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 Ptd 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned., -the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring.an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: l The applicant's request for annexation and zoning of approximately 9.79 acres to General Retail and Service Commercial District (C -G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 9.79 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 3.1 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall address, among other things, specific landscape/ common area FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) requirements, phasing timeframes, any building height limitations, signage, pathways, lighting and noise, hours of operation, and other items as required by the Commission or Council. Prior to annexation, the applicant shall provide documentation that Ada County has approved a combination/split of the properties to reflect the lots as proposed are legal lots. If such documentation is not submitted, the applicant shall be required to prepare a subdivision plat for recordation prior to obtaining building permits. If annexed, all future uses shall be required to be approved through the planned development process and as conditional uses. 3.2 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Five Mile Drain is a natural waterway. and will not be tiled. 3.3 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3.4 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at the developer's expense. Typical locations are at street intersections and/or fire hydrants. 3.5 Outside lighting shall be designed and placed so as not to directly or indirectly illuminate any nearby residential areas or public right-of-ways and shall be in accordance with City Ordinance Sections 11-13A.C. and 12-5-2.M. 3.6 Applicant shall comply with all of the General Requirements of the Staff comments listed in their July 2, 2001 letter. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01.011) Adopt the Recommendations of the Ada County Highway District as follows: 3.7 Dedicate 48 -feet of right-of-way from the centerline of Franklin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first.. 3.8 Provide a $6,600 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing a 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 330 -feet) prior to issuance of a building permit, or District approval of a final plat, whichever occurs first. 3.9 The proposed driveway located approximately 135 -feet west of the east property line is approved with this application, should this site develop prior to driveway plans being submitted for the Sparrowhawk Subdivision on the north side of Frariklin Road. Otherwise, the driveway shall align or offset a minimum of 1 85 -feet from any driveways within the Sparrowhawk Subdivision. 3.10 Pave the driveway its full width of 30 to 35 -feet and at least 30 -feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with 15 -foot radii, abutting the existing roadway edge. 3.11 Only one driveway is approved with this application. Any existing driveway(s) shall be closed using berming, landscaping, curbing, or other method approved by the District. 112 Locate any proposed gated entry a minimum of 50 -feet from the new Franklin Road right-of-way. Coordinate the location of any proposed gated entry with District staff. 3.13 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 3.14 Any existing irrigation facilities shall be relocated outside of the right-of- way. 3.15 Other than the access point specifically approved with this application FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) (as noted on the submitted site plan), direct lot or parcel access to Franklin Road is prohibited. 3.16 Applicant shall additionally comply with all the Standard Requirements listed in the ACHD's letter dated June 22 ,2001. . Adopt the Recommendations of the Nampa &- Meridian Irrigation District as follows: 3.17 If a pressure urban irrigation system is planned that shall be owned, operated and maintained by the Irrigation District, then Applicant shall coordinate with the District concerning the installation of the pressure system, and also Fill out and return a questionnaire of the pressure urban irrigation system. Additionally, the Applicant shall comply with the City Council's action from their meeting held on Tuesday, September 18, 2001, as follows: 3.18 Use of a portion of the property as a non -conforming use may continue. However, there shall be no more than four adult horses and 1 colt allowed to pasture as a non -conforming use. 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 IC S. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) NOTICE OF FINAL ACTION Please take notice that this is a Final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the anntxation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. / B action .of the Cit Council at its regular meeting held on the < � f day Y Y of �G74,V &C -L,. , 2001. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN I<EITH BIRD COUNCILMAN TAMMY deWEERD COUNCILMAN CHERIE McCANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) VOTED VOTED*,/t- VOTED Page 18 MAYOR ROBERT D. CORRIE (TIE BREA(ER) DATED: —/ MOTION: APPROVEQjij DISAPPROVED: VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. iiLtti{it; .ivi�" hf: �• `lp Cf By Dated:E. City Clerk = �`" 9 z.\W0rkVy1\Meridian\Meridian 15360lvffranWin Mini Storage AZO 1-0I 1 CUPOI-024WZHCIsOrderi'p FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) Page 19 William G. Berg, Jr. City of Meridian 33 E.Idaho Meridian, Idaho 83642 Re: Ordinance No. 02-950, (Ron and Carla Osborne) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for Ron and Carla Osborne, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-901(A). i Very truly yours, i� VF. Nlcho s Enclosure Z;\Work\M\Meridian\Meridian 15360M\Franklin Mini Storage AZ01-011 CUP01-024\BergSumOrd051402Ltr.doo RE., s w . w MAY i \ OF MERIDIAN"' WHITE PETERSON C11T ! pPK r,r--r-1 WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIUS PHILIP A. PETERSON ATTORNEYS AT LAW NAMPA OFFICE JULIE KLEIN FISCHER ERICA S. PHILLIPS 5700 E. FRANKLIN RD., WM. F. GIGRAY, III ERIC S. ROSSMAN 830 E. FIRST STREET, SUITE 200 SUITE 200 T, Goy HALLAM* TODD A. ROSSMAN POST OFFICE BOX 1150 NAMPA, IDAHO 83653- D. SAMUEL JOHNSON LARRY D. MOORE DAVID M. SWARTLEY PAMELA J. TARLow MERIDIAN, IDAHO 83680-1150 8402 TEL. (208) 466-9272 WILLIAM A. MORROW TERRENCE R. WHITE** TEL (208) 288-2499 FAX (208) 466-4405 WILLIAM F. NICHOLS* NICHOLAS L. WOLLEN FAX (208) 288-2501 CHRISTOPHER S. NYE PLEASE REPLY TO *Also admitted in OR MERIDIAN OFFICE ** Also admitted in WA May 14, 2002 William G. Berg, Jr. City of Meridian 33 E.Idaho Meridian, Idaho 83642 Re: Ordinance No. 02-950, (Ron and Carla Osborne) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for Ron and Carla Osborne, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions of Idaho Code § 50-901(A). i Very truly yours, i� VF. Nlcho s Enclosure Z;\Work\M\Meridian\Meridian 15360M\Franklin Mini Storage AZ01-011 CUP01-024\BergSumOrd051402Ltr.doo NOTICE AND PUBLISHED SUMMARY OR ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 02-950 PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by Ron and Carla Osborne, to be known as Franklin Mini Storage consisting of 9.79 acres with a zoning designation of C -G General Retail and Service Commercial; and to provide providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description A parcel of land located in the E. '/2, E. %2, Northwest '/4, Section 17, Township 3 North, Range 1 East, Boise, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner Section 17, T. 3N., R. lE., B.M., Idaho, thence N. 89132'15" E along the north line of Northwest'/4 Section 17, 992.28 feet to a point being the northwest corner of E %2, E `/2, NW `/4 of said Section 17, the Real Point of Beginning of this description Thence S 00'02'16" E 40.00 feet to a point on the south right of way of Franklin Road; Thence continuing S 00'02'16" E along the west line of the E '/2 E '/2 Northwest '/4 said Section 17 1289.18 feet to a point on the north line of Snorting Bull Subdivision, on record at the Ada County Recorders Office in Book 81 of Plats, at Pages 8764 through 8772; Thence N 89°30'50" E along said north line 330.99 feet to the Southwest comer of said Greenhill Estates Subdivision, on record at the Ada County Recorders Office in Book 35 of Plats, at Page 3000; Thence N 00°02'52" W along the west line of said Greenhill Estates Subdivision 1289.05 feet to a point on the south right-of-way of Franklin Road; Thence continuing N 00°02'52" W 40.00 feet to the N'/4 corner of said Section 17; Thence S 89'32'15" W 330.76 feet along the north line of NW '/4, to the Point of Beginning of this description. Said parcel contains 10.09 acres, more or less. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the day of .2002. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk Fust Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: Z:\Work\M\Meridian\Meridian 15360M\Franklin Mini Storage AZ01-011 CUP01-024\SUMANNEXZ0NG0RD.doc RECEIVED The Idaho MA)l 3 12002 Statesman, (21 ,'ity of Meridian y Clerk Office P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION Via( j'r ),d ^� �J U ! na? ' Ac" Account it Q7J>Y identification Amount: 064514 667924 SUMMARY ORDINANCE 02-950 $108.84 Attention: SHARON SMITH p 0. # Run Dates MAY 30, 2002 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO AVE. 63 X 2 Affidavit l Legak MERIDIAN, ID 83642 contains 10.09 acres, more or less. ct of this ordinance is available for inspection at City Hall, City of Meridian, 33 East idianIdaho. This ordinance shall become effective on the 7th day of May, 2002. A.';W.n 1 13611 LEGAL NOTICE NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-90.1(A) CITY OF MERIDIAN ORDINANCE NO. 02-950 PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by Ron and Carla Osborne, to be known as Franklin Mini Storage consisting of 9.79 acres with a zoning designation of C -G General Retail and Service Commercial; and toprovide providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal A plan s, at lent to a JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, :I of land located in the E. one-half, E. one-half, Northwest quarter, Section 17, 3 North, Range 1 East, Boise, Meridian, Ada County, Idaho, more particularly Idaho Code, as amended, for: as follows: pcing at the Northwest comer Section 17, T. 3N., R. IE., BX, Idaho, thence N. E ONE along the north line of Northwest quarter Section 17, 992.28 feet'to a point northwest comer of E one-half, E one-half, NW quarter of said Section 17, the Real eginning of this description; consecutive weekly �X Single 00°02'16' E 40.00 feet to a point on the south right of way of Franklin Road; continuing S 00°02'16' E along the west line of the E one-half E one-half North- ter said Section 17 1289.18 feet to a point on the north line of Snorting Buil n, on record at the Ada County consecutive daily odd skip insertion(s) Recorders Office in Book 81 of Plats, at Pages ugh 8772; N 89°30'50' E along line 330.99 said north feet to the Southwest corner of said .states Subdivision, on record at the Ada County Recorders Office in Book 35 of beginning issue of: MAY 3 0 2002 age 3000 aweW along the west line of said Greenhill Estates Subdivision 1289.05 ending issue of: MAY 3 0 , 2002 oint on the south right-of-way of Franklin Road, continuin N 00°02'52' W 40.00 feet to the R corner of said Section 17; --� quarter S 89°3215' W 330.76 feet along the north line of NW quarter, to the Point of of this description. -cel r� contains 10.09 acres, more or less. ct of this ordinance is available for inspection at City Hall, City of Meridian, 33 East idianIdaho. This ordinance shall become effective on the 7th day of May, 2002. A.';W.n STATE OF IDAHO ) By: William G. Berg Jr., City Clerk First Reading: May `/, 200 Ado after first reading by suspension of the Rule as allowed pursuant to Idaho Code : STATEMENT OF ADEQUACY Re: Ordinance No. 02.950 (Ron and Carla Osborne) Summary of Publication Pursuant to the direction of the Meridian City Council this office has prepared a summari- •ation of the ordinance providing for an annexation and zoning ordinance for Ron and Carla tsborne, pursuant to the City's action. I do hereby advise the City, and make this state- ient, that said summary is true and complete and provides adequate notice to the public of ,ie provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provl• ions of Idaho Code § 50.901(A). Wm. F. Nichols ub. May 30, 2002 _ _ 13611 .Ss COUNTY OF ADA ) On this 3 0 day of MAY in the year of 2002 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. aA Notary Public for Idaho �,•� °° Residing at: Emmett, Idaho : y My Commission expires: • ,o : 'A % UBLIG May 3, 2002 AZ 01-011 MERIDIAN CITY COUNCIL MEETING May %, 2002 c APPLICANT Ron ©sbourne ITEM NO. REQUEST Ordinance No. Z) 2 _ Request for annexation and zoning of 9.79 acres from RUT to C -G zones for Franklin Mini Storage -- 1975 East Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See Attached Ordinance Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER CHRISTOPHER S. NYE WM. R GIORAY, III PHILIP A. PETERSON BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN LARRY D. MOORE DAVID M. SWARTLEY WILLIAM A. MORROW TERRENCE R. WHITE" WILLIAM F. NICHOLS* *ALSO ADMITTED IN OR -ALSO ADMITTED IN WA William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288.2499 FAX (208) 288.2501 September 24, 2001 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE RECEIVED 51- NO" Re: FRANKLIN MINI STORAGE BY RON OSBORNE /AZ -01-011 ANNEXATION AND ZONING ORDINANCE FOR (C -G) AND CERTIFICATION OF CLERK Dear Will: Please find enclosed the above ordinance for the annexation and zoning for Franklin Mini Storage. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning are adopted. Additionally, I did not include any of the conditions of development set forth in part 3 of the Decision and Order, due to the fact that it is my opinion that annexation and zoning ordinances should not contain conditions other than a reference to a development agreement if so ordered. A development agreement was requested in this matter so I have fashioned the language in the Decision and Order to address the conditions of within the Development Agreement and that the property is to be developed under the mixed/planned use development process and conditional use permit process. Please supply this letter to the Mayor and Council for their consideration of these Findings and Ordinance. If you have any questions arise, please advise. ?i Very truly m. i ~hols Z:\Work\M\Meridian\Meridian 15360M\Franklin Mini Storage A7_01-011 CUP01-024\Cleric on Ord .doc V) m U:z Ld C) 0 *CJ Of 0 z .,:c aq a ®m Cj 7' M [2 LLJ (o V) t.,J 0 r-: — LL- C) 71 z 0 Z 0 F= o < ee < 0 �7- uj Ld V) )o LD (D L 4 Ordinance Distributio No. n Check p Sheet for Ord project File: lnance all Once recorded � a`'' Ordinances ordina are distributed to: 0 Applicant city Engineer city Planner City Attorney City Treasurer State Tax Commission county Auditor County Treasurer county Assessor Robert Campbell at COMPASS Sterling Codifiers Clerks Office: Copy to Project File Scan into Laser fiche Total: 13 copies for Distribution COPY to Ordinance Book 1 Original to Minute Book CITY OF MERIDIAN ORDINANCE NO. 04-- 02`<-l'© AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS FRANKLIN MINI STORAGE THE LOCATION OF WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C -G); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: ANNEXATION AND ZONING ORDINANCE (AZ -01-011) - 1 ANNEXATION DESCRIPTION FOR RON OSBORNE A parcel of land located in the E. 1/2, E. Northwest 1/4, Section 17, Township 3 North, Range 1 East, Boise, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner Section 17, T. 3N., R. IE., B.M., Idaho, thence N. 89'32'15" E along the north line of Northwest 1/4 Section 17, 992.28 feet to a point being the northwest corner of E 1/2, E 1/2, NW 1/4 of said Section 17, the Real Point of Beginning of this description Thence S 00'02'16" E 40.00 feet to a point on the south right of way of Franklin Road; Thence continuing S 00'02'16" E along the west line of the E 1/2 E 1/2 Northwest 1/4 said Section 17 1289.18 feet to a point on the north line of Snorting Bull Subdivision, on record at the Ada County Recorders Office in Book 81 of Plats, at Pages 8764 through 8772; Thence N 89°30'50" E along said north line 330.99 feet to the Southwest corner of said Greenhill Estates Subdivision, on record at the Ada County Recorders Office in Book 35 of Plats, at Page 3000; Thence N 00°02'52" W along the west line of said Greenhill Estates Subdivision 1289.05 feet to a point on the south right-of-way of Franklin Road; Thence continuing N 00°02'52" W 40.00 feet to the N 1/4 corner of said Section 17; Thence S 89'32'15" W 330.76 feet along the north line of NW 1/4, to the Point of Beginning of this description. Said parcel contains 10.09 acres, more or less. ANNEXATION AND ZONING ORDINANCE (AZ -01-011) - 2 SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail And Service Commercial District (C -G). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated Y� 2a°Z , and that the uses are to be developed under the the 2I Sj day of planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries ANNEXATION AND ZONING ORDINANCE (AZ -01-011) - 3 of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7 day of , —!X96•172 -0v2, APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this �= day of `'2c ��__, 2 -OM 2,P92, MAYOR ATTEST: 11 \\\\\\y �ojj1lME/% , GORPOR4 CITY CLERIC = SEAL ANNEXATION AND ZONING ORDINANCE (AZ -01-011) - 4 STATE OF IDAHO,) SS. County of Ada. ) On this qday of 2-9�, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. d (SEAL) . d A4.■•�� NOTARY PUBLIC FOR IDAHO RESIDING AT: }Acta CO3 lam` MY COMMISSION EXPIRES: ZFl—OS Z:\wodc\M\Meridian\Meridian 15360M\Franidin. Mini Storage AZ01.01 I CUPO1-024\AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ -01-011) - 5 LLJ 04 N w Z 5 (Y 0 m 2 n co — W '0 LLJ z V) MR- L,J 0 U- ac:i C) Z 0 Z 0 P o < <5 < z LLJ n U) (D to 0 z w CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. CJ;'95-D passed by the City Council of the City of Meridian, on the y day of A71 4`v 2002, is a true and correct copy of the original of said document which is in th care, custody and control of the City Cleric of the City of Meridian. U O '0 T SEAL - WILLIAM G. BERG, JR. ,Gc NC O 15-1 STATE OF���-�'� �4irrtrr►r Hitt\\\: ss. County of Ada, ) On this L day of �r C , in the year 28 , before me, 1 11)c>�1 GUti�I-kQ„� , a Notary Public, appeared WILLM G. BERG, JR., known or identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) r a ■ f • e 3ha')vnq , Notary Public for Idaho Commission Expires:_�� Z:\Work\M\Meridian\Meridian 15360M\Franklin Mini Storage AZ01-011 CUP01-024\CertificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN — (AZ—01-011) AZ 01-011 May 3, 2002 MERIDIAN CITY COUNCIL MEETING May 7, 2002 APPLICANT Ron Osborne ITEM NO. J' REQUEST Development Agreement: AZ 01-011 Request for Annexation and Zoning of 9.79 acres from RUT to C -G Zones for Franklin Mini Storage -- 1975 East Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See Attached Development Agreement Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Osborne Enterprises, L.L.C., an Idaho limited liability company, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this �% day of.� by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and OSBORNE ENTERPRISES, L.L.C., an Idaho limited liability company, hereinafter called "OWNER"/"DEVELOPER', whose address is 960 Broadway Avenue, Suite 505, Boise, Idaho 83706. I. RECITALS: 1.1 WHEREAS, "Owner"/" Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, 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, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner or "Owner"/" Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owner"/"Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of DEVELOPMENT AGREEMENT- AZ -01-011 - 1 (C -G) General Retail And Service Commercial District, (Municipal Code of the City of Meridian); and 1.5 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 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning &. Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the � day of 2001, has approved certain Findings of Fact and Conclusions ns o which Law and Decision and Order, set forth in Exhib , are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Owner"/"Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER"/"DEVELOP EW deems it tobe Agreement abest interest to be able to en othis grem acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "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 DEVELOPMENT AGREEMENT- AZ -01-011 - 2 of this development agreement, herein being established as a result of evidence received by the "City" in the esignation fro proceedings for annexation and zon�S rgvaces within them government subdivisions providing planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in Plan of the City of accordance with the Comprehensive Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, 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: T Saf set forth the abover full ecitais are contractual and binding and are incorporated herein a 3. DEFINITIONS: For all purposes of this section shall be ment the following words, terms, and phrases herein contained in defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to tmunici al CorpCity of oration and ian, a party to this Agreement, which is a p government subdivision of the stateof o Idaho, whose o, organized and existing by virtue of law of the State address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER"/"DEVELOPER":means and refers to O y me Enterprises, L.L.C., an Idaho lim itY whose address is 960 Broadway Avenue, Suite 505, Boise, Idaho 83706, the party developing said "Property" o he d shall include any subsequent owners)/developer(s) "Property". 3.3 "PROPERTY": means and refers to that certain City ofrcel(s) of "Property" located in the County of Ada Y DEVELOPMENT AGREEMENT - AZ -01-011 - 3 here Meridian as described in Exhibit "A", as set dforth a and by this reference incorporated herein a length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement areonlyonly those uses allowed under "C d Sectioing Ord7-2 aI� which codified at Meridian City are herein specified as follows: Construction and development of a mini -storage facility. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this gr 5 DEVELOPMENT IN CONDITIONAL USE: "Owner"/"Developer" has submitted to "City" an application of al thitional ereof, n use permit, and shall be required to obtain the city s PP hertherein, accordance to the City's Zoning & Development Ordinance ent ofeconstruction of provided, prior to, and as a condition of, the an buildings or improvements on the "Property" that require a conditional use Y g permit. CONDITIONS GOVERNING DEVELOPMENT OF 6. SUBJECT PROPERTY: "Owner"/"Developer" shall develop the "Property" in accordance with the following special conditions: 6.1 Prior to annexation, the applicant shall provide documentation that Ada County has approved a combination/split f t If such properties to reflect the lots as propo are legal lot documentation is not submitted, the applicant shall be required to prepare a subdivision plat for recordation rbe required to building permits. If annexed, all future uses shall be approved through the planned development process and as conditional uses. DEVELOPMENT AGREEMENT - AZ -01-011 - 4 ve of natural 6lying 2 All irrigation ditches, laterals or canals, excacent and contiguous waterways, intersec e tgledossing or per City Ordinance 12-4-13. Plans to the parcel shall b P shall be approved by the appropriate irrigation/drainagecon p, fdsaidlct, or lateral users association, with written approval royal submitted to the Public Works Dept be it d The Five Mile Drain is a natural waterway and will no 3 ,An existing domestic wells and/or septic systems omestic service per thin this 6 yom fr project shall have to be removed nd 9 -4-8. e Wells may be used for City Ordinance Section non-domestic purposes such as landscape irrigation. 6.4 Two -hundred -fifty- and 100 -watt, higat o P essins sure sodiu the Public streetlights shall be required streetlights shall be inat the Works Department. developer's expense. Typical locations are at street intersections and/or fire hydrants. Outside lighting shall be designed and placed so es not tbpublic ctly g 6.5 or indirectly illuminate any nea rdancerby d with City as or City Ordi ance right -o£ -ways and shall be in a Sections 11-13-4.C. and 12-5-2.M. 6.6 Applicant shall comply with all of the General Requirements of the Staff comments listed in their July 2, 2001 6.7 Dedicate 48 -feet of right-of-way from the centerline of a final k[in Road abutting the parcel ecu by ofans of a warranty deed prior to issuance subdivision plat or ex whichever occurs of a building permit (or other required permits), first. 6.8 Provide a $6,600 deposit to the Public Rights -of -Way concrete Trust llc o and for the cost of constructing a 5 cel (approximately 330 -feet) prior Franklin Road abutting the parcel (app to issuance of a building permit, or District approval of a final plat, whichever occurs first. DEVELOPMENT AGREEMENT - A2-01-011 - 5 The proposed driveway located approximately lication, est of 6.9 with ld the east property line is apdpV wa plans bleingp ubmitted for the this site develop prior Y Franklin S arrowhawlc Subdivision on the north side a m nimum of Road. 85 - otherwise, the driveway shall align or offset feet from any driveways within the Sparrowhawk Subdivision. 6.1 of 0 pave the driveway its full width of 30 to 35-feet of Franklin Road feet into the site b otapers d the e�dh 15 -foot radii abutting the and install pavementp existing roadway edge. 11 only one driveway is approved with this appatin curbing, 6. Y driveway(s) shall be closed using berming, landscaping, or other method approved by the District. om 6.12 Locate any proposed gated entry a minimum flocation of any the new Franklin Road right-of-way. Coordinate t proposed gated entry with District staff. Y 6.13 Utilit street cuts in pavement less than five yeaold are not allowed unless approved in writing by the District. 6.Y 14 An existing irrigation facilities shall be relocated outside of the right-of-way. d with this 6.15 Other than the access point specifically mitted Sppr la ), direct lot or application (as notedon n Road the is prohibitedite . access to Franklin 6.16 Applicant shall additionally comply With all the r dated StandardJune 22 2001. Requirements listed in the ACRD s lett 6.17 If a pressure urban irrigation system is planned Irrigation t shalctb, then owned, operated and maintained by the .Applicant shall coordinate with the Distrrict concerning the fill out and return a installation of the pressure system, and also questionnaire of the pressure urban irrigation system. DEVELOPMENT AGREEMENT - AZ -01-011 - 6 use 6, 18 Use of a portion Of the property ag adult horses continue. However, there shall be no more than fou and one colt allowed to pasture as a non -conforming use. 7. COMPLIANCE PERIOD/ CONSENT TO REZONEa This Agreement and the commitments contained fa It of the Owner'%"Developer" or erein shall be terminted, and the zoning designation reversed, upon "Owner's"/"Developer"'s heirs, SL1CCeSSOTS, assigns, to comply with Section 6 f this entitled "Conditions Governing Development of subject isPef£pective,oand after agreement within two yeah the notf the ice and hete this aring procedures as outlined in the "City has complied with I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner"/"Developer" consents upon default tothe , subject -n xa ion and/or a reversal of the zoning designation of the Prop y conditioned upon the following conditions precedent to -wit: 8,1 That the "City" provide written notice tWae °�„Developer"y failure rand if comply with this Agreement to the "Owner"/"Developer" fails to cure such failure within six (6) months of such notice. g INSPECTION: ”Owner"/"Developer" shall, immediately the upon ent completion of any portion or the Bement or by Cntirety of said ay ordp ance Or policy, notify "Property" as required by this gr the City Engineer and request the City Engineer's inspections of is accordance ten approval of such completed improvements or portion with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development- 10. evelopme 10. DEFAULT: 10.1 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 DEVELOPMENT AGREEMENT - AZ -01-011 - 7 "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may with e modified or terminated by the City upon compliance requirements of the Zoning Ordinance. er 10.2 A waiver by "City" of any default by `00 o conditions heevrpof of any one or more of the covenants shall apply solely to the breach and breaches es of "waive or apply d and shall not bar any otherreach of any such or other covenants to any subsequent b and conditions. REQUIREMENT FOR RECORDATION: (,City" shall all Ofthe11. g either a memorandum of this eAgreement nd submit o£ such recording to Exhibits, at "Owner/"Develop to the third reading of the Meridian Zoning Owner"/"Developer", prior Ordinance in connection with the annexation and zoningro the CPr°Co ncby O Y the City Council. If for any reasonafter such recordation, annexation and zoning of fails to adopt the ordinance in connection lated hereby, the "City" shall execute and record an the "Property" contemp appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the zoning the d duly approved Agreement, enact a valid and binding ordinance "Property" as specified herein. any court 13. REMEDIES: This Agreement shall benfol er'n or by any of competent jurisdiction by either "Che It r as°si OeTl�evelos of the parties hereto. successor or successors in title or by gn Enforcement may be sought by an appropriate action t n so inequity to secure the specific performance of the covenants, gr obligations contained herein. 13.1 In the event of a material breach ofethisAgreement, eehall parties agree that City and Own have thirty (30) days after delivery of notice f party's breach to correct the same prior to the non -breaching p Y DEVELOPMENT AGREEMENT - AZ -01-011 - 8 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. 13.2 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 to are completed, unless the "City" and "Owner"/""D ° X11 be complet d" have enteredlnn a an addendum agreement stating when the improvements 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. ABIDEBY ALL CITY ORDINANCES: That Ct Owner / DeveloperS agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation ontained owner he Findings of s assigns, heirs, or successors shall not meet the conditions DEVELOPMENT AGREEMENT -AZ -01-011 - 9 Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Osborne Enterprises, L.L.C., an Idaho limited liability company 960 Broadway Avenue, Suite 505 Boise, Idaho 83706 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 acicnowledge 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 DEVELOPMENT AGREEMENT - AZ -01-011 - 10 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 res pesrincludipgCCityies' resetive hsrcorporate successors, assigns and personal repntat v 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 "Property", or portions thereof, except that any sale or alienation shall be subject th the pitted and bound by the visions hereof and any successor owner or owners shall be bo 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. INVALID PROVISION: If any provision f Agreement shall be s held not valid by a court of competent jurisdiction such provision 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 nss forth hnll promises, inducements, agreements, condition and understandings "Owner"/"Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral o her written, express or implied, between "Owner erein o"t/�D�Seop r" and provided, `no subsequent than as are stated herein. Except as 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 DEVELOPMENT AGREEMENT - AZ -01-011 - 11 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 Cleric. DEVELOPMENT AGREEMENT - AZ -01-011 - 12 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OSBORNE ENTERPRISES, L.L.C., an Idaho limited liability company BY: Ronald L. Osborne, Member CITY gy-M�DIAN ATTEST: ,,,111111,1,/,;,, Of .� Fo SEAL 40CLERK '9 U ________. % 9� `��sr iso • � �O �`�� Ci y G' ''%.q �'OU1TY DEVELOPMENT AGREEMENT - AZ -01-011 - 13 STATE OF IDAHO ) :ss COUNTY OF ADA ) On thisday of in the year 2002, before nald L. me, �,✓ ,; /�� a Nota Public, persoanl Idahoe limited Osborne, Osborne, member, of Osborne Enterprises, L.L.C., ed the company, known or identified to me to be the person fore oin instrument instrument, and acknowledged to me that he did exec g g on behalf of said limited liability company. STATE OF IDAHO ) :ss County of Ada ) Not Publi or Idaho Commission expires:'7`�3�cb t� day of , in the year 2002, On this____ before me, a Notary Public, personally appeared R and Mayor Clert erk, respectively, lectivdely, of the G. Berg, know or identified u° d the me to bnstruement or the person that executed the City of Meridian, who ex instrument of behalf of said City, and acknowledged to me that such City executed the same. errrrRR .� N •.• coor � ` r Notary Public for Idaho (SEA) d Commission expires: •.;TE OFA,:'• •....� Z,\Work\M\Meridian\Meridian 15360NUranklin Mini Storage AZO1.O11 CUI,O1.024\DevelopAgcleanr. oc DEVELOPMENT AGREEMENT — AZ -01-011 - 14 EXHIBIT A Legal Description Of Property 1 A parcel of land located in the E. /z, E. 1/2, Northwest 1/4, Section 17, Township 3 North, Range 1 East, Boise, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwst corner Sectio the north line of B.M,, Idaho, thence N. 89'32'15"E along Northwest 1/4 Section 17, 992.28 feet to a point being the northwest corner of E 1/2, E 1/2, NW 1/4 of said Section 17, the Real Point of Beginning of this description Thence S 00'02'16" E 40.00 feet to a point on the south right of way of Franklin Road; Thence continuing S 00°02' 16" E along the west lline ofhe o I/ h 1/z Northwest 1/4 said Section 17 1289.18 feetapoint north line of Snorting Bull Subdivision, oa record es 87 t the Ada through County Recorders Office in Book 81 of Plats, g 8772; Thence N 89°30'50" E along said north line 330 Son, feet to the record Southwest corner of said Greenhill Estates at the Ada County Recorders Office in Book 35 of Plats, at Page 3000; Thence N 00°02'52" W along the west line l°e soudGreenhill th right-of-way Subdivision 1289.05 feet to a point o Franklin Road; Thence continuing N 00002'52" W 40.00 feet to the N 1/4 corner of said Section 17; Thence S 89'32'15" W 330.76 feet along the north line of NW 1/4, to the Point of Beginning of this description. Said parcel contains 10.09 acres., more or less. DEVELOPMENT AGREEMENT - AZ -01-011 - 15 EXHIBIT B DEVELOPMENT AGREEMENT _ A7-01'011 - 16 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF RON ) OSBOR1NE, THE APPLICATION OF ) FOR ANNEXATION AND ZONING 9.79 ACRES FOR FRANICIN MINI ) STORAGE, LOCATED AT 1975 IDAHO FRANKLIN ROAD, MERIDIAN, ) GC 09-18-01 Case No. AZ -01-011 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on September 18, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and pp testifying was the Applicant, Ron Osborne, and Kent Brown appeared and testified on behalf of the Applicant, and appearing with comments and/or concerns was Scott Beecham, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW -N Page 1 AND DECISION AND ORDER GRANTINGRAPPLICATION KAT O FOR ANNEXATION AND ZONING/B FRANKLIN MINI STORAGE (AZ -01-011) FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for September 18, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the propertv under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly -considered by the City Council at the September 18, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 1 I-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles I 1 and 12, Meridian City Code, and all FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) t; lereof and the Comprehensive Plan of the City of Meridian current zoning maps tl adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. They which is the subject of the application for annexation and P P - zoning is described in the application, and by this reference is incorporated herein as a 4 if set forth in full. ". property 9 acres in size and is located at 1975 5 The PPerty is approximately 9.7 E. Franklin Road. The property is designated as Franklin Mini Storage. 6. The owner of record of the subject property is Ron and Carla Osborne of Meridian, Idaho. 7. Applicant is Ron Osborne of Meridian, Idaho. 8. The property is presently zoned by Ada County as RUT, and consists of vacant land and I single family dwelling. 9. The Applicant requests the property be zoned as C -G. property is bordered to the north by the proposed 10. The subject pro P Sp arrowhawk Subdivision, zoned C -G, to the south by Woodbridge Subdivision, d R-4 to the east by Greenhill Estates Subdivision, zoned R-1, and a single. zone , � family dwellingand a 'cultural land, zoned RUT, and city limits of the City of o the north and south of the subject property. Meridian are adjacent and abut t The property which is the subject of this application is within the Area 11. P P Page 3 FINDINGS OF FACT AND CONCLUSIONSNG APPLICATION DECISION AND OD ZEN NG/BY RON OSBORNE / FOR ANNEXATION AN FRANKLIN MINI STORAGE (AZ -01-011) of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the.Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: develop a mini -storage facility. 14. The Applicant requests zoning of the subject real property as C -G which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mined Planned Use Development. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. The .City Council recognizes the concerns of Derrick O'Neill on behalf of the Woodbridge Community, LLC, Greenhill Estates Homeowners Association, Sara Seidl of Seidl Home Company, and Ron Whitney of Whitney Homes, and Robin Paulson. 17. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSR NE FRANKLIN MINI STORAGE (AZ -01-011) i' Adopt the Recommendations of the Planning and Zoliing and Engineering staff as follows: 17.1 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall address, among other things, specific landscape,/ common area requirements, phasing timeframes, any building height limitations, signage, pathways, lighting and noise, hours of operation, and other items as required by the Commission or documentation that Ada County hasuncil. Prior to xation, the applicant shall provide documen approved a combination/split of the mrePtation irties oreflect s not submitted, the plots as roposed are legal lots. It such do applicant shall be required to prepare a subdivision plat for recordation prior to obtaining building permits. If annexed, all future uses shall be through the planned development process and required to be approved as conditional uses. 17.2 All irrigation ditches, laterals or canals, ana and usive o contiguous t natural the parcel shall intersecting, crossing or lying adjacent be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Five Mile Drain is a natural waterway and will not be tiled. 17.3 Any existing domestic wells and/or septic msucservi e per City Ordinance tems within this project shall have to be removed from their de Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 17.4 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at the developer's expense. Typical locations are at street intersections and/or fire hydrants. 17.5 Outside lighting shall be designed and ePt�al areas o public d so as not torigt-of--ways irectly or indirectly illuminate any nearby res and shall be in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION .AND ORDER GANG APPOSBLICATION ON FOR ANNEXATION AND ZONING/BY FRANKLIN MINI STORAGE (AZ -01-011) E� 1 i .6 Applicant shall comply l y with all of the General Requirements of the Staff comments listed in their July 2, 2001 letter. Adopt the Recommendations of the Ada County Highway District as follows: ine of Franklin 17.7 Dedicate =48 -feet of right-of-wav from the centerlfinal subdivision Road or abutting the parcel by means of recordation of a execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs Firs 17.8 Provide a $6,600 deposit to the Public Rights -of -Way us Franklindfor the cost of constructing a 5 -foot wide concrete ately 330 -fee Road abutting the parcel (approdmprior whichever oac ce urof a building permit, or District approval of a final plat first. the cast 17.9 The proposed driveway located approximately Should this west ssiof of property line is approved with this application, prior to driveway plans being submitted for the ee par ow se` the side of Franklin driveway shall align or offset Subdivision on the nor�a minimum of 1 85 -feet from any driveways within the Sparrowhawk Subdivision. Pave the driveway its full width of 30 to 35 -feet and at least in0 all t into 17.10 the site beyond the edge of pavement Franklin the e�°ting roadway edge. pavement tapers with 15 -foot radii abutting 17.11 Only one driveway is approved with this application. curbing, other driveway(s) shall be closed using bernrung,landscaping, method approved by the District. 17.12 Locate any proposed gated entry a rninimumof 50 -feet from the new ocation of any proposed Franklin Road right-of-way. Coordinate the gated entry with District staff. 17.13 Utilit street cuts in pavement less than five years old are not allowed Y unless approved in writing by the District. Page 6 FINDINGS OF FACT AND CONCLUSIONSNG APPLICATION FOR ANNEXATION AN AND DECISION .AND ORDER ZONING/By NG/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) 17.14 Anv existing irrigation facilities shall be relocated outside of the right-of- way. 17.15 Other than the access point specifically approved with this application (as noted on the submitted site plan), direct lot or parcel access to Franklin Road is prohibited. 17.16 Applicant shall additionally comply with all the Standard Requirements listed in the ACHD's letter dated June 22 200 1. Adopt the Recommendations of the Nampa S:. Meridian Irrigation District as follows: 17.17 If a pressure urban irrigation system is planned that shall be owned, operated and maintained by the Irrigation District, then Applicant shall coordinate with the District concerning the installation of the pressure system, and also fill out and return a questionnaire of the pressure urban irrigation system. Additionally, the Applicant shall comply with the City Council's action from their meeting held on Tuesday, September 18, 2001, as follows: 17.18 Use of a portion of the property as a non -conforming use may continue. However, there shall be no more than four adult horses and 1 colt allowed to pasture as a non -conforming use. 18. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 17, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 19. It is also found that the development considerations as referenced in Finding No. 17 are reasonable to require and must be taken into account, in order to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 20. It is found that the zoning of the subject real property as General Retail And Service Commercial District (C -G) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 21. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 21.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) 21.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 21.3 The application is consistent with Meridian's self identity. 21.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 21.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 22. The property can be physically serviced with City water and sewer, if applicant extends the lines. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) I annex real property that is within the vieridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3, The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted December 21, 1993, Ord. No. 629, January 4, 1994.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND' ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of vieridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficients use of land through the use of innovative and functional to design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 43 Comprehensive Plan Policies: The goals and policies listed below most directly apply to the proposed project: Goals of the Comprehensive Plan Goal 7: To provide community services to fit existing and projected needs. FINDINGS OF FACT AND CONCLUSIONS OF LAW -ON Page 1 I AND DECISION AND ORDERGRANTING RON OBORNE / FOR ANNEXATION AND ZONING/BY FRANIQ.,IN MINI STORAGE (AZ -01.011) Economic Development Chapter 1.2-- ...set aside areas where commercial interest and activities are to dominate. 1.4 --Positive programs should be undertaken to support existing commercial areas to ensure their continued vitality... Land Use Chapter 4.3U—Encourage * new commercial development within under-utilized e-'asdng commercial areas. I 4.8U—Encourage commercial uses..Ao locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. Community Design Chapter 2.2U—Encourage area beautification through uniform sign design that enhances the community. 4.4U—Encourage landscaped setbacks for new development. S. The zoning of General Retail And Service Commercial District (C -G) is defined in the Zoning Ordinance at § 11-7-2 K as follows: C -G General Retail And Servide Commercial District: The purpose of the C -G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need 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. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a mixed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) •s" planned use development on this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The Citv of Idaho Falls, 105 Idaho 65, 665 Ptd 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned., -the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring.an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1 The applicant's request for annexation and zoning of approximately 9.79 acres to General Retail and Service Commercial District (C -G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 9.79 acres. The legal description shall be prepared by a Registered Land: Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 3.1 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall address, among other things, specific landscape/ common area FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) requirements, phasing timeframes, any building height limitations, signage, pathways, lighting and noise, hours of operation, and other items as required by the Commission or Council. Prior to annexation, the applicant shall provide documentation that Ada County has approved a combination/split of the properties to reflect the lots as proposed are legal lots. If such documentation is not submitted, the applicant shall be required to prepare a subdivision plat for recordation prior to obtaining building permits. If annexed, all future uses shall be required to be approved through the planned development process and as conditional uses. 3.2 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Five Mile Drain is a natural waterway and will not be tiled. 3.3 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3.4 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at the developer's expense. Typical locations are at street intersections and/or fire hydrants. 3.5 Outside lighting shall be designed and placed so as not to directly or indirectly illuminate any nearby residential areas or public right-of-ways and shall be in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 3.6 Applicant shall comply with all of the General Requirements of the Staff comments listed in their July 2, 2001 letter. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) Adopt the Recommendations of the Ada County Highway District as follows: 3.7 Dedicate 48 -feet of right-of-way from the centerline of Franklin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 3.8 Provide a $6,600 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing a 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 330 -feet) prior to issuance of a building permit, or District approval of a final plat, whichever occurs first. 3.9 The proposed driveway located approximately 135 -feet west of the east property line is approved with this application, should this site develop prior to driveway plans being submitted for the Sparrowhawk Subdivision on the north side of Franklin Road. Otherwise, the driveway shall align or offset a minimum of 1 85 -feet from any driveways within the Sparrowhawk Subdivision. 3.10 Pave the driveway its full width of 30 to 35 -feet and at least 30 -feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 3.11 Only one driveway is approved with this application. Any existing driveway(s) shall be closed using berming, landscaping, curbing, or other method approved by the District. 3..12 Locate any proposed gated entry a minimum of 50 -feet from the new Franklin Road right-of-way. Coordinate the location of any proposed gated entry with District staff. 3.13 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 3.14 Any existing irrigation facilities shall be relocated outside of the right-of- way. 3.15 Other than the 'access point specifically approved with this application FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) (as noted on the submitted site plan), direct lot or parcel access to Franklin Road is prohibited. 3.16 Applicant shall additionally comply with all the Standard Requirements listed in the ACHD's letter dated June 22 ,2001. . Adopt the Recommendations of the Nampa &. Meridian Irrigation District as follows: 3.17 If a pressure urban irrigation system is planned that shall be owned, operated and maintained by the Irrigation District, then Applicant shall coordinate with the District concerning the installation of the pressure system, and also Fill out and return a questionnaire of the pressure urban irrigation system. Additionally, the Applicant shall comply with the City Council's action from their meeting held on Tuesday, September 18, 2001, as follows: 3.18 Use of a portion of the property as a non -conforming use may continue. However, there shall be no more than four adult horses and 1 colt allowed to pasture as a non -conforming use. 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 § 11-7-21C 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 anne.�cation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) NOTICE OF FINAL ACTION Please take notice that this is a Final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. B action .of the Cit Council at its regular meeting held on the l ,6 day Y Y of DG7'�&- &�-'. , 2001. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILMAN TAMMY deWEERD COUNCILMAN CHERIE McCANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) VOTED VOTED*'k— VOTED�� Page 18 MAYOR ROBERT D. COME (TIE BREAKER) VOTED DATED: MOTION: APPROVE DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney.�t{�r ` 61 By ,G����, Dated: - GE. A L City Clerk Z:\Workwl\Vkridian\Mkridian 15360NUranklin Mini Storage AZO I -0t t CUP01-02441ZFfCls0rdettvp f FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01.011) Page 19 City of Meridian William G. Berg, Jr., City Cleric 1 lar r�-nr' MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: FRANKLIN MINI STORAGE BY: OSBORNE ENTERPRISES, L.L.C. / AZ -01-01 I / ANNEXATION AND ZONING FINDINGS AND DEVELOPMENT AGREEMENT / CASE NO. AZ -01-011 Dear Will: Please find enclosed the revised original of the Developrelent Agreement for owner/developer signatures. The revisions pertain to the new ownership transfer from the Osbornes to Osborne Enterprises, L.L.C. If, at the Council meeting of October 2, 2001, the Council approved the Findings of Fact and Conclusions of Law for the above platter, then the Findings will need to be attached to the Development Agreement as Exhibit "B After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owner/developer for signatures. Very truly your , Wm. F. I.1 o s Z:\Worlc\NI\Meridian\Meridian 15360M\Fran1din Mini Storage AZO I-011 CUPO1-024\FFCL and DevAgtC11,031402.doc WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW KEVIN E. DlNlus PHILIP A. PETERSON 830 EAST IST STREET, SUITE 200 NAMPA OFFICE JULIE KLEIN FISCHER ERICA S. PHILLIPS POST OFFICE BOX 1150 CANYON PARK AT THE IDAHO CENTER WM. R GIGRAY, III ERIC S. RossMAN MERIDIAN, IDAHO 83680.1150 5700 EAST FRANKLIN ROAD, SUITE 200 T. Guy HALLAM, JR.* TODD A, RossMAN TEL (208) 288.2499 NAMPA, IDAHO 7.8402 TEL (208) 4666,9292 72 D. SAMUEL JOHNSON DAVID M. SWARTLEY FAX (208) 288.1193 FAX (208) 466.4405 LARRY D. MOORE PAMELA J. TARLOW*** WILLIAM A. MORROW TERRENCE R. WHITE** WILLIAM F. NICHOLS* NICHOLAS L. WOLLEN CHRISTOPHER S. NYE PLEASE REPLY TO MERIDIAN OFFICE *ALSO ADMITTED IN OR **ALSO ADMITTED 1N WA ***ALSO ADMITTED IN CA p' March 14, 2002 City of Meridian William G. Berg, Jr., City Cleric 1 lar r�-nr' MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: FRANKLIN MINI STORAGE BY: OSBORNE ENTERPRISES, L.L.C. / AZ -01-01 I / ANNEXATION AND ZONING FINDINGS AND DEVELOPMENT AGREEMENT / CASE NO. AZ -01-011 Dear Will: Please find enclosed the revised original of the Developrelent Agreement for owner/developer signatures. The revisions pertain to the new ownership transfer from the Osbornes to Osborne Enterprises, L.L.C. If, at the Council meeting of October 2, 2001, the Council approved the Findings of Fact and Conclusions of Law for the above platter, then the Findings will need to be attached to the Development Agreement as Exhibit "B After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owner/developer for signatures. Very truly your , Wm. F. I.1 o s Z:\Worlc\NI\Meridian\Meridian 15360M\Fran1din Mini Storage AZO I-011 CUPO1-024\FFCL and DevAgtC11,031402.doc March 18, 2002 Mr. Ronald Osborne Osborne Enterprises, LLC 960 Broadway Avenue Ste 505 Boise, ID 83706 Re: Revised Development Agreement — Franklin Mini Dear Mr. Osborne, Enclosed find the original development agreement as regarc the City of Meridian. It is ready for your review and sigi indicated and return the original to the City Clerk's Office available City Council meeting for their approval. Once approved and recorded, we will forward a co contact our office if you have any questions. Sincerely, aAb, --)AUAn Tara Green Enclosure HUB OF TREASURE VALLEY MAYOR A Good Place to Live Robert D. Corrie CITY OF MERIL CITY COUNCIL MEMBERS William L. M. Nary 33 EAST IDAHO MERIDIAN, IDAHO 83642 Bird Keith Bird (208) 888-4433 • Fax (208) 887-4813 Tammy d City Clerk Office Fax (208) 888-4218 Cherie McCandless March 18, 2002 Mr. Ronald Osborne Osborne Enterprises, LLC 960 Broadway Avenue Ste 505 Boise, ID 83706 Re: Revised Development Agreement — Franklin Mini Dear Mr. Osborne, Enclosed find the original development agreement as regarc the City of Meridian. It is ready for your review and sigi indicated and return the original to the City Clerk's Office available City Council meeting for their approval. Once approved and recorded, we will forward a co contact our office if you have any questions. Sincerely, aAb, --)AUAn Tara Green Enclosure October 12, 2001 AZ 01-011 MERIDIAN CITY COUNCIL MEETING October 1 b, 2001 APPLICANT Ron Osborne ITEM NO. �r REQUEST Findings Tabled from October 2, 2001 -- Request for annexation and zoning of 9.79 acres from RUT to C -G zones for Franklin Mini Storage 1975 East Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See attached comments Contacte Date: Phone: A ;. � oter(ais presented at p i lic eetings shall become property of the City of Meridian. Judy 318 East 37th Sheet Dave mvens, isi vice rresioem Garden City ID 83714-6499 Sherry R. Huber, 2nd Vice President Phone (208) 387-6100 Susan S. Eastlake, Commissioner FAX (208) 387-6391 David E. \Vynkoop, Commissioner E-mail tellus(i{ACHD.ada.id.us October 10, 2001 RECEIVED OCT - 5 2001 Steve Girard 5898 N. Dalespring Avenue °f "YOF ANIERIDIAN `- Boise, Idaho 83713 Re: Staff Level Approval MCZC-07-01 Linder Road, n/o Franklin Road, s/o Pine Avenue Mini storage facility Facts and Findings: A. The Ada County Highway District (ACHD) staff has received the above referenced application - requesting certificate of zoning compliance approval to construct a 12,000 -square foot mini storage facility. The 6.3 -acre site is located on the west side of Linder Road approximately '/4 of a mile north of Franklin Road. This development is estimated to generate 30 additional vehicle trips per day (0 existing) based on the hlstitute of Transportation Engineers Trip Generation Manual. B. The application and site plan stamped and received by the City of Meridian on September 12, 2001, and submitted to the District on September 19, 2001, has been reviewed by the ACHD —' Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the changes) to the plan described in the requirements stated below. C. This is a staff level approval and will not be heard by the ACHD Commission unless the site plan .< is Changed in sucll a ]flannel• as to not conform to District standards/policy or all appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined Belo\\-. D. On September 24, 2001, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On September 29, 2001, the staff met as the District's Technical Review Coininittee and reviewed the impacts ol'this proposed development on the District's tansportaton System. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. S: DSTI CII \k' RKI\(i \,I ('Z 07-01 sIa.I o c E. For the purposes of estimating daily trip generation and assessing impact fees for this project, the proposed use of this development has been classified as Mini -warehouse. (Per the ITE Manual) The impact fee rate from the fee tables for this use is $381 per thousand square feet of gross building area, based on the impact fee ordinance in effect at this time. Note: This rate is provided for informational purposes only and shall not be construed as an impact fee rate certification. The impact fee will be assessed at the time of plans acceptance by District staff, and shall be based on the fee tables and provisions of the District's Impact Fee Ordinance in effect at that time. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate 48 -feet of right-of-way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (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 be compensated for all right-of-way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with ACHD Ordinance #193. The right-of-way purchase agreement must be completed and signed by the applicant prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Provide a $3,600.00 deposit to the Public Rights -of -Way Trust Fund at the District for the required street improvements of approximately 180 -feet of 5 -foot wide concrete sidewalk on Linder Road abutting the parcel, prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 3. The applicant is proposing to utilize an existing driveway located approximately 5 -feet north of the south property line and directly aligns with the driveway on the east side of Linder Road. This driveway meets District policy is approved with this application. 4. Pave the driveway to its full -required width of 24 to 30 -feet and to a point 30 -feet beyond the edge of pavement of Linder Road with 15 -foot radii pavement tapers abutting the existing roadway edge 5. Replace unused curb cuts on Linder Road with 5 -foot wide concrete sidewalk to match the existing improvements. 6. Locate any proposed gated enUy a minimum of 50 -feet from Linder Road. Coordinate the location of any proposed gated entry with District staff. ti: t)ST[:CII WORKINO iNIUC-07-01 dLIAm: 7. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with file number) for details. 8. Meet District drainage requirements per section 8000 of the ACRD Development Policy Manual. Contact District staff at 387-6170 for details. 9. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 10, Any existing Irrigation facilities should be relocated outside of the right-of-way. 11. Other than the access point specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. Standard Requirements: 1. This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result In a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance 9193, also known as Ada County Higb\a-ay District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISP\VC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived berein. An engineer registered in the State oNdaho shall prepare and certify all improvement plans. ti: f)S"Ij-'('jj OR1v`I\(.; !\1C"7.C'-07-I)I.sla.(l)c 5. 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. 6. 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. 7. 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 miles, 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. 8. No change in the ternis 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 confirn-iation of any change from the Ada County Highway District. Conclusion of Law: ti: I)ti�hECt�':AVOIt KI\(:a \1CZC'—(1?-(1) .�Ia.�Juc I . ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. Sincerely, Development Analyst Planning & Development cc: Project file Lead agency/City of Meridian Chron Victor Harr ._ T 255 N. Linder Road Meridian, Idaho 83652 f'( I CSHQA Mark I-nowles 250 S. 5°i Street Boise, Idaho 83702 H (FUTURE I (FUTURE) J (FUTURE) K.,(FUTURE) L (FUTURE) E (FUTURE) (FUTURE) LAND OF -WAY )ICATION _QUIREMENTS ZKS (RV PARKS) WS (OFFICE) INOfi�'H 3,000 S.F. 11,400 S.F. 9,500 S.F. 4,560 S.F. 4,560 S.F. 8,573 S.F. 92,459 S.F. 175,716 S.F. 44,709 S.F. 4,246 S.F. PROVIDED 28 STALLS 4 STALLS SUBMITTAL DATES OWNER /PLANNING 9.17.01 I 9.17.01 ILDINGS AND SIl1' DI VCL0PM1 N1 ARI SIIOWN I OR R[fC12CN(;I ONIY AND TO CHANGE. C11Y (:O11N,/I)`;CN R0. vvvv = r (TVO 1d)MQA91 g baa aagxi tlSwt aaaaa ua S IL ST k 4 Q E _ j iGp�p d —K .71 33 co Igo ifill ill, lillla 16-6 Mai Ila 11 11 moa a3GNn avou d .Y Zr r ----------------- ------ - ---- ------- --------------- --, , -------------- I� ,sem — Wft------------ , 1 1 I--------------------------------------- I 1 ; .>eWol. I g ------------------ -------------- °W- I 'L---------- -------------' �S r September 28, 2001 F.Im1iffen MERIDIAN CITY COUNCIL MEETING October 2, 2001 APPLICANT Ron Osborne ITEM NO. REQUEST Findings -- Request for annexation and zoning of 9.79 acres from RUT to C -G zones for Franklin Mini Storage -- 1975 East Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See attached Findings ftI c. V 411, IJY OTHER: Contacted: Qbn 0 SW CDC- L M Date:C��_ Phone: Materials presented at public meetings shall become property of the City of Meridian. BRIGGS ENGINEERING, Inc, ENGINEERS / PLANNERS/ SURVEYORS 1800 West Overland Road Boise, Idaho 83705 — 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail kentb@briggs- engineering.com October 2, 2001 Meridian City Council 33 East Idaho St. Meridian, Idaho 83642 RE: Franklin Storage Dear City Council: FXcr-WED 0 C T - 2 2001 F NUM I D IAN We just found out that the City Attorney had completed the finds of fact and conclusions of law for our project. We have not had the necessary time to review the finds at this time and would ask that we be tabled for efte weel,�;to allow time to review the finds. 'J'') If you have any questions or need additional information, please call. Sincerely, \" RIGGS EN WEfG, Inc. Kent Brown Planner KB\ 1006-hold.ltr WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER CHRISTOPHER S. NYE WM. F. GIoRAY, III PHILIP A. PETERSON BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN LARRY D. MOORE DAVID M. SWARTLEY WILLIAM A. MORROW TERRENCE R. WHITE** WILLIAM R NICHOLS* *ALSO ADMITTED IN OR -ALSO ADMITTED 1N WA William G. Berg, Jr., City Cleric MERIDIAN CITY HAL 33 East Idaho Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680.1150 TEL (208) 288.2499 FAX (208) 288-2501 September 24, 2001 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE RECEIVED CITY MEi RIDIAN Re: FRANKLIN MINI STORAGE BY: RON OSBORNE / AZ -01-011 / ANNEXATION AND ZONING FINDINGS AND DEVELOPMENT AGREEMENT / CASE NO. AZ -01-011 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as }ger instructions from the Council meeting of September 18, 2001, and which are on the agenda for October 2, 2001. I have also attachedthe original of the Development Agreement for owner/developer signatures. After the Council meeting of October 2, 2001, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the four Development Agreements as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owner/developer for signatures. Very truly yOlt ` m. F. Ichols Z:\Work\M\Meridian\Meridian 1.5360M\Fran1din Mini Storage AZ01-01 1 CUP01-024\FFCL and DevAgtClk.doc BRIGGS ENG/NEER/NGs Inc, ENGINEERS/ PLANNERS/ SURVEYORS October 16, 2001 Meridian City Council 33 East Idaho St. Meridian, Idaho 83642 RE: Franklin Storage Dear City Council: 1800 West Overland Road Boise, Idaho 83705 — 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail kentb@briggs- engineering.com RF1 C E 1-- . , W : 00 I.. OF IEIIIA CITY CLERK OFFICE We would request that items 3.17; 3.G be removed fiom the consent agenda to clarify the Conditional Use Findings of Fact 46, 48, 65 and 67. We would also request clarification on the issue we raised about the landscaping behind the Osborne's home. We have suggested an option B to Finding of Fact 65 which would allow for the perimeter landscaping behind the Osborne home to be installed with phase II. • Item G. Findings of Fact 46. Should have Exhibit removed and should read as follows: Maximum building height of building No. 15 (southern most building on modified site plan) of fourteen feet in the rear and twenty feet in the front. • Item G. Findings of Fact 48. Should clarify the buffer's location and should read as follows: Internal landscaping buffer is required along the southern boundW of Phase I, except for access gates located on the east and west sides. The landscaping shall be temporary bushes and vines that can be removed when Phase II is initiated. • Item G. Findings of Fact 65. Should clarify which solid wall is to be built, and should read as followings: Perimeter landscaping for the project shall be completed with Phase I and in accordance with City ordinance. The back wall of Phase I eastern storage units shall be installed west of the east perimeter landscaping in Phase I . Option B. Perimeter landscaping for the project shall be completed with Phase I except for the landscaping west of the Osborne home. All landscaping shall in accordance with City ordinance. The back wall of Phase I eastern storage units shall be installed west of the east perimeter landscaping in Phase I . 1006 -Clarification. Itr BRIGGS ENGINEERING, INC. 1800 W. Overland Road - Boise, Idaho 83705 - (208) 344-9700 • Item G. Findings of Fact 67. Should clarify which fence and should read as followings: Perimeter rail fencing, shall be on the western boundary of the planting strip. There shall also be landscaping on the perimeter to the south and it shall continue along the pathway. If you have any questions or need additional information, please call. Sincerely, BRIGGS ENGINEERING, Inc. Kent Brown Planner BEFORE THE MERIDIAN CITY COUNCIL FILE COPY C/C 09-18-01 IN THE MATTER OF THE ) Case No. AZ -01-011 APPLICATION OF RON ) FINDINGS OF FACT OSBORNE, THE APPLICATION FOR ANNEXATION AND ZONING OF ) ) AND CONCLUSIONS 9.79 ACRES FOR FRANKLIN MINI ) OF LAW AND STORAGE, LOCATED AT 1975 E. ) DECISION AND FRANKLIN ROAD, MERIDIAN, IDAHO ) ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on September 18, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant, Ron Osborne, and Kent Brown appeared and testified on behalf of the Applicant, and appearing with comments and/or concerns was Scott Beecham, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for September 18, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the September 18, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. 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. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No, 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 9.79 acres in size and is located at 1975 E. Franklin Road. The property is designated as Franklin Mini Storage. 6. The owner of record of the subject property is Ron and Carla Osborne of Meridian, Idaho. 7. Applicant is Ron Osborne of Meridian, Idaho. 8. The property is presently zoned by Ada County as RUT, and consists of vacant land and 1 single family dwelling. 9. The Applicant requests the property be zoned as C -G. 10. The subject property is bordered to the north by the proposed Sparrowhawk Subdivision, zoned C -G, to the south by Woodbridge Subdivision, zoned R-4, to the east by Greenhill Estates Subdivision, zoned R-1, and a single- family dwelling and agricultural land, zoned RUT, and city limits of the City of Meridian are adjacent and abut to the north and south of the subject property. 11. The property which is the subject of this application is within the Area FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: develop a mini -storage facility. 14. The Applicant requests zoning of the subject real property as C -G which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. The City Council recognizes the concerns of Derrick O'Neill on behalf of the Woodbridge Community, LLC, Greenhill Estates Homeowners Association, Sara Seidl of Seidl Home Company, and Ron Whitney of Whitney Homes, and Robin Paulson. 17. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 17.1 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall address, among other things, specific landscape/ common area requirements, phasing timeframes, any building height limitations, signage, pathways, lighting and noise, hours of operation, and other items as required by the Commission or Council. Prior to annexation, the applicant shall provide documentation that Ada County has approved a combination/split of the properties to reflect the lots as proposed are legal lots. If such documentation is not submitted, the applicant shall be required to prepare a subdivision plat for recordation prior to obtaining building permits. If annexed, all future uses shall be required to be approved through the planned development process and as conditional uses. 17.2 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Five Mile Drain is a natural waterway and will not be tiled. 17.3 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 17.4 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at the developer's expense. Typical locations are at street intersections and/or fire hydrants. 17.5 Outside lighting shall be designed and placed so as not to directly or indirectly illuminate any nearby residential areas or public right-of-ways and shall be in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) 17.6 Applicant shall comply with all of the General Requirements of the Staff comments listed in their July 2, 2001 letter. Adopt the Recommendations of the Ada County Highway District as follows: 17.7 Dedicate 48 -feet of right-of-way from the centerline of Franklin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 17.8 Provide a $6,600 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing a 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 330 -feet) prior to issuance of a building permit, or District approval of a final plat, whichever occurs first. 17.9 The proposed driveway located approximately 135 -feet west of the east property line is approved with this application, should this site develop prior to driveway plans being submitted for the Sparrowhawlc Subdivision on the north side of Franklin Road. Otherwise, the driveway shall align or offset a minimum of 1 85 -feet from any driveways within the Sparrowhawlc Subdivision. 17.10 Pave the driveway its full width of 30 to 35 -feet and at least 30 -feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 17.11 Only one driveway is approved with this application. Any existing driveway(s) shall be closed using berming, landscaping, curbing, or other method approved by the District. 17.12 Locate any proposed gated entry a minimum of 50 -feet from the new Franklin Road right-of-way. Coordinate the location of any proposed gated entry with District staff. 17.13 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) 17.14 Any existing irrigation facilities shall be relocated outside of the right-of- way. 17.15 Other than the access point specifically approved with this application (as noted on the submitted site plan), direct lot or parcel access to Franklin Road is prohibited. 17.16 Applicant shall additionally comply with all the Standard Requirements listed in the ACHD's letter dated June 22 ,2001. Adopt the Recommendations of the Nampa &. Meridian Irrigation District as follows: 17.17 If a pressure urban irrigation system is planned that shall be owned, operated and maintained by the Irrigation District, then Applicant shall coordinate with the District concerning the installation of the pressure system, and also fill out and return a questionnaire of the pressure urban irrigation system. Additionally, the Applicant shall comply with the City Council's action from their meeting held on Tuesday, September 18, 2001, as follows: 17.18 Use of a portion of the property as a non -conforming use may continue. However, there shall be no more than four adult horses and 1 colt allowed to pasture as a non -conforming use. 18. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 17, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 19. It is also found that the development considerations as referenced in Finding No. 17 are reasonable to require and must be taken into account, in order to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 20. It is found that the zoning of the subject real property as General Retail And Service Commercial District (C -G) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 21. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 21.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) 21.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 21.3 The application is consistent with Meridian's self identity. 21.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 21.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 22. The property can be physically serviced with City water and sewer, if applicant extends the lines. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan, City of Meridian, adopted December 21, 1993, Ord. No. 629, January 4, 1994.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area -specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban. Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 4.B Comprehensive Plan Policies: The goals and policies listed below most directly apply to the proposed project: Goals of the Comprehensive Plan Goal 7: To provide community services to fit existing and projected needs. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) Economic Development Chapter 1.2-- ...set aside areas where commercial interest and activities are to dominate. 1.4—Positive programs should be undertaken to support existing commercial areas to ensure their continued vitality... Land Use Chapter 4.3U—Encourage new commercial development within under-utilized existing commercial areas. 4.8U—Encourage commercial uses ... to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. Community Design Chapter 2.2U—Encourage area beautification through uniform sign design that enhances the community. 4.4U—Encourage landscaped setbacks for new development. 5. The zoning of General Retail And Service Commercial District (C -G) is defined in the Zoning Ordinance at § 11-7-2 K as follows: (C -G) General Retail And Service Commercial District: The purpose of the C -G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need 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. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a mixed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) planned use development on this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section I 1-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1 The applicant's request for annexation and zoning of approximately 9.79 acres to General Retail and Service Commercial District (C -G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 9.79 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 3.1 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall address, among other things, specific landscape/ common area FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) requirements, phasing timeframes, any building height limitations, signage, pathways, lighting and noise, hours of operation, and other items as required by the Commission or Council. Prior to annexation, the applicant shall provide documentation that Ada County has approved a combination/split of the properties to reflect the lots as proposed are legal lots. If such documentation is not submitted, the applicant shall be required to prepare a subdivision plat for recordation prior to obtaining building permits. If annexed, all future uses shall be required to be approved through the planned development process and as conditional uses. 3.2 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. The Five Mile Drain is a natural waterway and will not be tiled. 3.3 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3.4 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at the developer's expense. Typical locations are at street intersections and/or fire hydrants. 3.5 Outside lighting shall be designed and placed so as not to directly or indirectly illuminate any nearby residential areas or public right-of-ways and shall be in accordance with City Ordinance Sections 11-13-4. C. and 12-5-2.M. 3.6 Applicant shall comply with all of the General Requirements of the Staff comments listed in their July 2, 2001 letter. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) Adopt the Recommendations of the Ada County Highway District as follows: 3.7 Dedicate 48 -feet of right-of-way from the centerline of Franklin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 3.8 Provide a $6,600 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing a 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 330 -feet) prior to issuance of a building permit, or District approval of a final plat, whichever occurs first. 3.9 The proposed driveway located approximately 135 -feet west of the east property line is approved with this application, should this site develop prior to driveway plans being submitted for the Sparrowhawlc Subdivision on the north side of Franklin Road. Otherwise, the driveway shall align or offset a minimum of 1 85 -feet from any driveways within the Sparrowhawlc Subdivision. 3.10 Pave the driveway its full width of 30 to 35 -feet and at least 30 -feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 3.11 Only one driveway is approved with this application. Any existing driveway(s) shall be closed using berming, landscaping, curbing, or other method approved by the District. 3.12 Locate any proposed gated entry a minimum of 50 -feet from the new Franklin Road right-of-way. Coordinate the location of any proposed gated entry with District staff. 3.13 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 3.14 Any existing irrigation facilities shall be relocated outside of the right-of- way. 3.15 Other than the access point specifically approved with this application FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANI(LIN MINI STORAGE (AZ -01-011) (as noted on the submitted site plan), direct lot or parcel access to Franklin Road is prohibited. 3.16 Applicant shall additionally comply with all the Standard Requirements listed in the ACHD's letter dated June 22 ,2001. Adopt the Recommendations of the Nampa &. Meridian Irrigation District as follows: 3.17 If a pressure urban irrigation system is planned that shall be owned, operated and maintained by the Irrigation District, then Applicant shall coordinate with the District concerning the installation of the pressure system, and also fill out and return a questionnaire of the pressure urban irrigation system. Additionally, the Applicant shall comply with the City Council's action from their meeting held on Tuesday, September 18, 2001, as follows: 3.18 Use of a portion of the property as a non -conforming use may continue. However, there shall be no more than four adult horses and 1 colt allowed to pasture as a non -conforming use. 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 K. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided -by Chapter 52, Title 67, Idaho Code. By action .of the City Council at its regular meeting held on the of (�9C74a2 . , 2001. COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILMAN TAMMY deWEERD COUNCILMAN CHERIE McCANDLESS FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) day VOTED VOTED _0°1-(-- VOTED*'k, VOTED Page 18 MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: �f —e�6 —e�W MOTION: APPROVEQ. DISAPPROVED: VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By Dated: City Clerk Z:\Work.VV1\Meridian\Meridian 15360M\Franidin Mini Storage AZO 1.011 ►...A CUPO1.024\AZFfCIsOrdet�vp,docF-sc. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY RON OSBORNE / FRANKLIN MINI STORAGE (AZ -01-011) Page 19 September 14, 2001 MERIDIAN CITY COUNCIL MEETING September 18, 2001 APPLICANT Ron Osborne ITEM NO. REQUEST Public Hearing -- Request for annexation and zoning of 9.79 acres from RUT to C -G zones for Franklin Mini Storage -- 1975 East Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See P & Z Item Packet See attached Recommendations I I �v i. fl OTHER: Contacted: Pun Date: Phone: W6 C wt(wq cads 6) Materials presented at public meetings shall become property of the City of Meridian. ; VVO jj hgERI DIAN•IDAHOa �p 1, e September 18, 2001 Mayor Robert Corrie Meridian City Council 33 East Idaho Street Meridian, Idaho 83642 RE: Franklin Mini -Storage Dear Mayor Corrie and City Council Members, Thank you for the opportunity to comment on this application. While we maintain that the land use being proposed may not be the best use for the property, we understand and respect the applicant's right to request it. Since the time of submittal we have continued to work closely with the applicant and his representative in order to achieve a project that is reasonably compatible with adjacent land uses. We are generally pleased with the modifications that have been made to the site plan for the Franklin Mini - Storage project. However, we have noted that a number of the recommendations from the Planning and Zoning Commission are in conflict with each other. More specifically, many of the general recommendations are in conflict with the specific recommendations made by the Greenhill Estates and Woodbridge Homeowners Associations. We trust that the more restrictive/specific recommendations will apply. We also continue to be concerned with visual impact of the project on the adjacent neighborhood as the use is not by nature compatible with residential land uses. While a number of the modifications that have been made "soften" the impact, we feel that the use will continue to be visually obtrusive. In our letter to the Planning and Zoning Commission, we requested that permanent internal landscaping (including varieties of large deciduous trees) be required between Phases I and II in order to break up the view of the roof tops of the storage units as seen from the higher ground to the south. As shown on the attached `Exhibit A", we were able to demonstrate that it was possible to modify the site plan, maintaining the same building square footage while providing internal landscaping and meeting all other requirements. It is our feeling that the Planning and Zoning Commission did not understand the intent of this request and therefore did not recommend it. We respectfully request that the City Council reconsider this request. Finally, we are concerned that the error noted by staff (by a hand written note) in recommendation #47 may not be corrected in the final approval if the Council does not specifically make a note of it. The recommendation should read: 47. IC — A landscape berm of a minimum of 5 feet in height shall be located against the backside of the most southerly building; to be completed upon the construction of Phase II. O'NEILL ENTERPRISES 100 N. 9TH ST., STE. 300 BOISE, IDAHO 83702 P: 208.336.3430 F: 208.336.5296 Again, thank you for your consideration of our comments and your efforts on this application, Sincerely, Woodbridge Community LLC, an Idaho limited liability company By: O'Neill Enterprises LLC, an Idaho limited liability Company, its M ager �" h By: Derick O'Neill, Manager cc: Ron Osborne Steve Sidoway �xw e2a- f4 • - o CHD ::;aW David E. wynKooP, riCaluv'" Dave Bivens 1st Vice President Judy Peavey -Derr, 2nd Vice President Susan S. Eastlake, Commissioner _ . n.. —inn Gr R. "unci , — TO: Briggs Engineering Inc. 1800 W. Overland Road Boise, Idaho 83705 SUBJECT: MCZCO2-024 Office addition 1975 E. Franklin Road Ada Count Highway District June 27, 2002 On June 20, 2001, the Ada County Highway District Commissioners The conditions and requirements also apply to MCZCO2-024. 318 East 3ttn street Garden City iD 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellus@ACHD.ada.id.us RECEIVED, Citv Cle i f acted on MCUP01-024/MAZO1-011. If you have any questions, please feel free to contact this office at (208) 387-6170. Sincerely, � Lo�tp_Yb De lopLment Ana yst Planning & Development Cc: Planning & Development/Chron/Project File Planning & Development Services City of Meridian Construction Services Drainage/Utilities Osborn Enterprises LLC 960 Broadway Avenue, Suite 505 Boise, Idaho 83705 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report MCUPOl-024/1VIAZ01-011 1975 E. Franklin Road Mini Storage/commercial pad Annexation/rezone RUT to C -G This application has been referred to ACHD by the City of Meridian for review and comment. The applicant is requesting an annexation/rezone from RUT to C -G, and conditional use approval to construct a 742 -unit mini -storage facility, and a commercial pad. The 9.79 -acre site is located on the south side of Franklin Road approximately 950 -feet east of Locust Grove Road. This g on the spec fic use nt could generate up to 2,644 additional vehicle trips per day (10 existing) of the commercial pad site. Roads impacted by this development: Franklin Road ACRD Commission Date –June 20, 2001 12:00 PM Facts and Findings: A. General Information Owner – Ron & Carla Osborne Applicant –Same Engineer—Briggs Engineering RUT -Existing zoning C -G- Proposed zoning 9.79- Acres Existing single family residence 742 -units of Mini -Storage cial pad (no square footage for building) 19,360 -square footage of commer 163- Traffic Analysis Zone (TAZ) West Ada- Impact Fee Service Area Meridian- Impact Fee Assessment District MCUPOI-024/MAZO1-011.cmm Page 1 Franklin Road Principal arterial Traffic count of 10,896 east of Locust Grove Road, on 2/17/200 Better than level "C" -Existing Level of Service Better than level "C" -Existing plus project build -out Level of Service 330 -feet of frontage 80 -feet existing right-of-way (40 -feet from centerline) 96 -feet required right-of-way (48 -feet from centerline) Franklin Road is improved with 2 -traffic lanes, with no curb, gutter or sidewalk. Franklin Road is listed in the District's Five Year Work Program for widening to 5 -lanes in 2004. B. On June 4, 2001, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On June 8, 2001, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. For the purposes of estimating daily trip generation and pini storage and specialty retail. impact fees for this (per the ect, the proposed use of this development has been classified ITE Manual) The impact fee rate from the fee tables for this use is $381 per thousand square feet of gross building area for mini storage, and $1,885 per thousand square feet of gross building area for specialty retail, based on the impact fee ordinance d shall not be construed ase. Note: This an impact fee is provided for informational purposes only an rate certification. The impact fee will be assessed at the time of plans acceptance by District staff, and shall be based on the fee tables and provisions of the District's Impact Fee Ordinance in effect at that time. D. Utility street cuts in pavement less than five years 8d are e not allowed with file unlessnumbeapproved de in writing by the District. Contact Construction Services at 3 E. District policy requires the applicant to construct a 5 -foot wide concrete sidewalk abutting Franklin Road. This segment of Franklin Road is in the District's Five Year Work Program for widening in 2004. In lieu of constructing the improvements, the applicant should be required to provide a $6,600 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing a 5 - foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 330 -feet) prior to issuance of a building permit, or District approval of a final plat, whichever occurs first. F. Based on the submitted site plan, the applicant is proposing to construct one 30 -foot wide driveway to the site located approximately 135 -feet west of the east property line. The proposed driveway will serve both the commercial pad and mini storage facility. There are residential driveways to both the east and west of the site on the south side of Franklin Road. The parcels on the north side of Franklin Road are currently undeveloped, but ACHD has approved a preliminary plat (Sparrowhawk Subdivision) fohose parcels with the requirement that the from any exist ng or prop sed driveways. driveways must align or offset a minimum of 185 -feet MCUP 01-024/MAZO 1-011. Cmm Page 2 The site has insufficient frontage to locate a driveway in conformance with District policy due to the residential driveways on the south side of the street. If the Sparrowhawk Subdivision develops prior to this site, the driveway to this site should align or offset a minimum of 185 -feet from any driveway in the Sparrowhawk Subdivision. If this site develops first, the applicant should construct the driveway located as proposed, approximately 135 -feet west of the east property line. G. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, the applicant should be required to pave the driveway its full width of 30 to 35 -feet and at least 30 -feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. H. The applicant should be required to locate any proposed gated entry a minimum of 50 -feet from the edge of the new Franklin Road right-of-way. Coordinate the location of any proposed gated entry with District staff. I. All utility relocation costs associated with improving street frontages abutting the site should be borne by the developer. J. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate 48 -feet of right-of-way from the centerline of Franklin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (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 be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. The right-of-way purchase agreement must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission. 2. Provide a $6,600 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing a 5 -foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 330 -feet) prior to issuance of a building permit, or District approval of a final plat, whichever occurs first. 3. The proposed driveway located approximately 135 -feet west of the east property line is approved with this application, should this site develop prior to driveway plans being submitted for the Sparrowhawk Subdivision on the north side of Franklin Road. Otherwise, the driveway MCUP O 1-024/MAZO 1-011. cmm Page 3 shall align or offset a minimum of 185 -feet from any driveways within the Sparrowhawk Subdivision. 4. Pave the driveway its full width of 30 to 35 -feet and at least 30 -feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 5. Only one driveway is approved with this application. Any existing driveway(s) shall be closed using berming, landscaping, curbing, or other method approved by the District. 6. Locate any proposed gated entry a minimum of 50 -feet from the new Franklin Road right-of- way. Coordinate the location of any proposed gated entry with District staff. 7. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with file number) for details. Any existing irrigation facilities should be relocated outside of the right-of-way. 9. Other than the access point specifically approved with this application (as noted on the submitted site plan), direct lot or parcel access to Franklin Road is prohibited. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. MCUPO 1-024/MAZO 1-011. emm Page 4 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. 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. 5. 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. 6. 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. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. 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. 9. 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. MCUP O 1-024/MAZO 1-011. cmm Page 5 Conclusion of Law: ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Planning and Development Staff Commission Action: June 20 2001 MCUP01-024/MAZO1-01 l XMM Page 6 09-13-01 William G. Berg City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 OPPOSITION TO FRANKLIN MINI -STORAGE RECEIVED P 8 2001 0- E SIA IN I oppose Franklin Mini Storage. This proposed site backs directly up to our property at 145 Thornwood Drive. Not only will a metal structure be more unsightly than homes would be, there are noise, traffic, and safety issues to consider. This business will add many vehicles per week to an already congested Franklin Road. The noise of the construction itself and subsequent noise of vehicles, storage doors and gates will be a daily occurrence. I also feel we will be less secure with dozens of people in the storage units that have easy access onto our property. This could effect the sale of our property in the future. Who would buy right next to storage units? The property value will undoubedtly go down and we question what the rezoning to commercial may bring us in the future. I further question the unknown use of Mr. Osborne's commercial pad. As of the date of this letter our family has not received the updated building/landscape plans as promised by Mr. Kent Brown. Five mile creek runs through this property and geese regularly land there. Has the EPA studied possible effects on habitat? I would much prefer to see homes on this property, or a school, or nursery if it should be developed. Those uses would be much more in keeping with the appearance of the area. While I have no friends on the Council and have no photos of our horses to show you as Mr. Osborne did during the Planning and Zoning meeting, I do welcome you to come to my home and view the proposed site from our perspective. Sincerely, -; I f'et 4: 0 X- -). 7a V- a V- 0 -, � C — Robin K. Paulson 145 Thornwood Dr. Meridian ID 83642 WHITE, PETERSON, MORROW, GIGRAY, RossMAN, NYE & RossMAN, P.A. KEVIN E. DIHIUS JuLiE KLEIN FISCHER CHRISTOPHER S. NYE PHI.Il' A. PETERSON F. PHRUPS ERIC S. OHNSON D SAMUEL J RossMAN JILL S. JURIES TODD A. ROSSMAN DAVID M. SWARTLEY LARRY D. MOORE WILLIAM A. MoRRow TERRENCE R. WHITE** WILLIAM F. NICHOLS* NICHOLAS L. WOLLEN *Also admitted in OR ** Also admitted in WA To: Staff Applicant Aff-ected Property Owner(s) Re: Application Case No. ATTORNEYS AT LAW 200 EAST CARLTON AVE., SUITE 31 POST OFFICE BOX1150 MERIDIAN, IDAHO 83680-1150 TEL (208)288-2499 FAX (208) 288*2501 E-MAIL: a -PMG-- September 4, 2001 AZ -01.11 NAMPA OFFICE 5700 E. FRANKLIN RD„ STE, 200 NAMPAIDAHO 7402 FL26922 FAX( 08)4664405 PLEASE REPLY TO MERIDIAN OFFICE TT'014 'N FINDINGS AND RECOMM NDATIOSS SOONF PLANNING AND ZONING COMMI Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zonindg ref Commission shall be presented to the City Council at the public hearing on the t above s which the Cit matter by the Planning and Zoning Administrator. Due to the volume of m y Council mudecideformat b d to insure which matters our pare tion is present d understood hep publand ic hearings bit is eforet to the City ve a consistenty Council. The City Council strongly recommends: I . That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and Be prepared to state your pod sition on this application anand the Findings and and Recommendations of the Planning g 2. That you carefully complete (be sure it is le ible) the Position Statement if you disaee with the Findings an Recommendations of the Planning a g andEning is ailablCometat the CityhClerk'ssition office.taternent form pp It is recommended that you pre are a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. "If that is not ossible,SSpplease present your Position Statement to the City Council at the hearing, da ongil ltAdzght (Tato pies. c e copies willbe the resented to the Mayor, Council, Planning an City Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly Yours, City Attorney's Office BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 9.79 ACRES FROM RUT TO C -G FOR FRANILIN MINI STORAGE BY RON OSBORNE Case No. AZ -01-011 RECOMMENDATION TO CITY COUNCIL 1. The property is approximately 9.79 acres in size and is located at 1975 E. Franklin Road. The property is designated as Franldin Mini -Storage. 2. The owner of record of the subject property is Ron and Carla Osborne, of Meridian, Idaho. 3. Applicant is Ron Osborne, of Meridian, Idaho. 4. The property is presently zoned by Ada County as RUT, and consists of vacant land and 1 single family dwelling. 5. The Applicant requests the property be zoned as C -G. 6. The subject property is bordered to the north by the proposed Sparrowhawk Subdivision, zoned GG, to the south by Woodbridge Subdivision, zoned R-4, to the east by Greenhill Estates Subdivision, zoned R-1, and a single- family dwelling and agricultural land, zoned RUT, and city limits of the City of Meridian are adjacent and abut to the north and south of the subject property. 7. The property which is the subject of this application is within the Area RECOMMENDATION TO CITY COUNCIL - I ANNEXATION AND ZONING - FRANKLIN MINI STORAGE BY RON OSBORNE of Impact of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: develop a mini -storage facility. 10. The Applicant requests zoning of the subject real property as C -G which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 11. There are no significant or scenic features of major importance that affect the consideration of this application. 12. The Planning and Zoning Commission recognizes the concerns of Derrick O'Neill on behalf of the Woodbridge Community, LLC, Greenhill Estates Homeowners Association, Sara Seidl of Seidl Home Company, and Ron Whitney of Whitney Homes. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - FRANKLIN MINI STORAGE BY RON OSBORNE Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement should address, among other things, specific landscape/ common area requirements, phasing timeframes, any building height limitations, signage, pathways, lighting and noise, hours of operation, and other items as required by the Commission or Council. Prior to annexation, the applicant shall provide documentation that Ada County has approved a combination/split of the properties to reflect the lots as proposed are legal lots. If such documentation is not submitted, the applicant shall be required to prepare a subdivision plat for recordation prior to obtaining building permits. If annexed, all future uses shall be required to be approved through the planned development process and as conditional uses. 2. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the developer's expense. Typical locations are at street intersections and/or fire hydrants. 5. Outside lighting shall be designed and placed so as not to directly or indirectly illuminate any nearby residential areas or public right-of-ways and shall be in accordance with City Ordinance Sections 1 I -13-4.C. and 12-5-2.M. RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - FRANKLIN MINI STORAGE BY RON OSBORNE Adopt the Recommendations of the Ada County Highway District as follows: 6. Dedicate 48 -feet of right-of-way from the centerline of Franklin Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 7. Provide a $6,600 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing a 5 -foot wide concrete sidewalk on Franidin Road abutting the parcel (approximately 330 -feet) prior to issuance of a building permit. or District approval of a final plat, whichever occurs first. 8. The proposed driveway located approximately 135 -feet west of the east property line is approved with this application, should this site develop prior to driveway plans being submitted for the Sparrowhawk Subdivision on the north side of Franklin Road. Otherwise, the driveway shall align or offset a minimum of 1 85 -feet from any driveways within the Sparrowhawk Subdivision. 9. Pave the driveway its full width of 30 to 35 -feet and at least 30 -feet into the site beyond the edge of pavement of Franldin Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 10. Only one driveway is approved with this application. Any existing driveway(s) shall be closed using berming, landscaping, curbing, or other method approved by the District. 11. Locate any proposed gated entry a minimum of 50 -feet from the new Franldin Road right-of-way. Coordinate the location of any proposed gated entry with District staff. 12. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 13. Any existing irrigation facilities should be relocated outside of the right- of-way. RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING - FRANKLIN MINI STORAGE BY RON OSBORNE 14. Other than the access point specifically approved with this application (as noted on the submitted site plan), direct lot or parcel access to Franldin Road is prohibited. Z:\Work\M\Meridian\Meridian 15360M\Recommendations\AZOIOIIFranklinMini.wpd RECOMMENDATION TO CITY COUNCIL - 5 ANNEXATION AND ZONING - FRANKLIN MINI STORAGE BY RON OSBORNE August 13, 2001 AZ 01-011 MERIDIAN PLANNING & ZONING MEETING August 16, 2001 APPLICANT Ron Osborne ITEM NO. 7 REQUEST Continued Public Hearing from July 5, 2001-- Request for annexation and zoning of 9.79 acres from RUT to C -G zones for Franklin Mini Storage 1975 East Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: COMMENTS INTERMOUNTAIN GAS: OTHER: See attached letter from Whitney Homes Contactea: t >_ _ Date: Phone: 3 Materials presented at public meetings shall become property of the City of Meridian. June 22, 2001 William G. Berg City Clerk's Office City of Meridian 33 East Idaho Ave, Meridian, ID 83642 PROFESSIONAL DESIGN /t:TUD PHONE 200-343-2502 FAX 200-343-2001 RE: Franklin Mini Storage, 1975 East Franklin Rd. RECEIVED CITY OF MERIDIAN Dear Mr. Berg, I am in receipt of the Notice of Public Hearing regarding the proposed Franklin Mini Storage. Unfortunately, I will be out of town on July 5th, as I am afraid many people will. Not only is the timing of the hearing difficult but there is a potentially large group of neighbors who will not receive a public notice directly. All of the current and potential buyers within Woodbridge outside of the 300 ft notification limit are directly effected by the potential use of the subject property because of it's contiguous location to the Woodbridge community pool and common area. My first request is that the hearing being deferred to a more appropriate date. My second concern is the compatibility of the proposed use to that of the comprehensive plan. I am not totally knowledgeable on this area yet but have been told that the comprehensive plan delineates the subject area as being appropriate for residential use. Whitney Homes has anew home under construction on Lot 53, Block 3 in the Woodbridge (Snorting Bull ) Subdivision. This lot is contiguous to the proposed development at the Southwest property corner. Our obvious concern is over our ability to sell the home, which potentially will look out over a sea of mini storage roof tops, but more legitimately, I am concerned about the issues of landscaping, visual screening, quality and appearance of construction and noise that will impact the future homeowner. We elected to build in the Woodbridge community because of our familiarity with other O'Neill develoiaments. Their commitment to open space; community areas, walking trails, and overall quality of all the amenities within the development are unmatched in any other development in the Treasure Valley. We would like to believe that a standard has been set in Woodbridge that will be carried out in the neighborhood as contiguous and surrounding properties develop. The topography in Woodbridge lends a lot of character to the community, but also results in a majority of the lots being higher than the proposed mini storage property. Many homes will actually be looking down onto the mini storage units, which will result in a very substantial visual impact. I am specifically concerned that the applicant has stated they intend for the buildings to be all metal construction. In my mind this is not indicative of quality construction. If the proposed storage facility is ultimately approved, there are two conditions that I feel are imperative. The applicant states that an effort has been made to screen the door openings from neighbors. I would like to suggest that a condition be imposed which would require the last two buildings on the south end of the project to have all of their openings facing the north side. My other concern is a restriction on outdoor recreational vehicle storage. It appears that the entire west property line could turn into RV storage in the bioswale area. Given the existing residential use of all of the property contiguous to this project, a condition should be imposed that all storage inclusive of recreational vehicles must be fully enclosed. Not wanting to be a "NIMBY" neighbor, I understand that just as Woodbridge is a new development , we can not expect the surrounding property to be green fields forever. But, now that a standard has been set, let's be sure that it is upheld. Thank you, the planning staff, Planning Commission and City Council for your hard work and effort to insure that Meridian provides good neighbors as growth inevitably occurs. Sincerely, kon Whitney f` cc: Shari Stiles 71TRECEIVED 1 h IAAJ C 1 UGi 13 2' 11 teport to the City of Meridian Planning and Zoning Commission ;AY Of Mia City Clerk Office from the Greenhill Estates Home Owners Association [regarding the proposed Franklin Mini Storage Requests AZ 01-011 & CUP 01-024)] Included in the items discussed at the bi-monthly meeting of the Greenhill Estates Home Owners Association held on July 18, 2001, were the requests by the Franklin Mini Storage Project Applicant for Annexation and Zoning changes, along with the proposed request for a Conditional Use Permit. The assembled group of homeowners was concerned about the impact of this type of development on the property values within the subdivision. A number of issues and concerns were raised by individuals present at the meeting. After considering the items discussed at the meeting and those mentioned by individuals in phone calls and private conversations since then, the consensus of the Officers of the Association is that the main concerns of the group were as follows: 1) The change in zoning could trigger further commercial development of Greenhill Estates Properties along Franklin Road thus creating a strip of small businesses, with associated traffic hazards and other problems. A more desirable use would be to leave the zoning as is and develop the site into up- scale housing to blend in with the Greenhill Estates and the Woodbridge Subdivision, or small medical offices that resemble housing. 2) If the proposed project is approved, the construction materials for the exterior buildings should be more compatible with a residential neighborhood, i.e. brick, stone, steel lap siding, stucco, etc. 3) If the proposed use is approved, the landscaping should consist of an attractive mix of trees and shrubs, rather than only trees as shown on the drawings. The Greenhill Estates Home Owners appreciate the consideration given to the property owners adjoining the proposed storage facility by providing interior roads and doors in the design, for the open discussions about Home Owners concerns, and for indicating a willingness to cooperate on addressing these items of concern. We do however request that the Planning and Zoning Commission and the Applicant consider the above items prior to further action on this project. Approved by the following Officers of Greenhill Estates Home Owners Association August 13, 2001 Sam Snider Sandra Baker Dave Smith Keith Cooley Kim Knowlton Karen Mader Report to the City of Meridian Planning and Zoning Commission from the Greenhill Estates Home Owners Association [regarding the proposed Franklin Mini Storage Requests AZ 01-011 & CUP 01 024)] Included in the items discussed at the bi-monthly meeting of the Greenhill Estates Home Owners Association held on July 18, 2001, were the requests by the Franklin Mini Storage Project Applicant for Annexation and Zoning changes, along with the proposed request for a Conditional Use Permit. The assembled group of homeowners was concerned about the impact of this type of development on the property values within the subdivision. A number of issues and concerns were raised by individuals present at the meeting. After considering the items discussed at the meeting and those mentioned by individuals in phone calls and private conversations since then, the consensus of the Officers of the Association is that the main concerns of the group were as follows: 1) The change in zoning could trigger further commercial development of Greenhill Estates Properties along Franklin Road thus creating a strip of small businesses, with associated traffic hazards and other problems. A more desirable use would be to leave the zoning as is and develop the site into up- scale housing to blend in with the Greenhill Estates and the Woodbridge Subdivision, or small medical offices that resemble housing. 2) If the proposed project is approved, the construction materials for the exterior buildings should be more compatible with a residential neighborhood, i.e. brick, stone, steel lap siding, stucco, etc. 3) If the proposed use is approved, the landscaping should consist of an attractive mix of trees and shrubs, rather than only trees as shown on the drawings. The Greenhill Estates Home Owners appreciate the consideration given to the property owners adjoining the proposed storage facility by providing interior roads and doors in the design, for the open discussions about Home Owners concerns, and for indicating a willingness to cooperate on addressing these items of concern. We do however request that the Planning and Zoning Commission and the Applicant consider the above items prior to further action on this project. Approved by the following Officers of Greenhill Estates Home Owners Association August 13, 2001 Sam Snider Sandra Baker Dave Smith Keith Cooley Kim Knowlton Karen Mader wOODBRIDGe 1.1 ER I D I AN. I DA HO August 15, 2001 Planning & Zoning Commissioners 33 East Idaho Meridian, ID 83642 Re: Franklin Mini -Storage AZO1-Ol 1/CUP-01-024 Dear Members of the Commission: RECEIVED A U �F n 1 f_= City of Meridian City Clerk office We have had the chance to review fully, with the owner, the application for the proposed Franklin Mini - Storage project on the Osborne property adjacent to Woodbridge community. While we still feel that the new storage facility may not be the best neighbor, or the highest and best use for that property, we understand Mr. Osborne's desire to do this project. We have worked with Mr. Osborne in order to allow him to have a viable and economically feasible project, while, at the same time, having a project that is more compatible to the existing residential uses in the area. As a result, we have suggested some very specific conditions or modifications to the submittal focused in 5 areas: 1. Site Plan 2. Architecture 3. Fencing 4. Use Restrictions 5. Project Phasing & Timing We have detailed these conditions on the attached Suggested Modifications to Conditional Use CUP -01- 024. We have prepared graphic illustrations, including a modified site plan, as exhibits to these conditions as well. If these revisions to the proposed project are included in your recommendation to the Meridian City Council, we will be in support of the project. We certainly feel that we have worked hard with Mr. Osborne to achieve a mutually agreeable solution and, while he has been willing to work with us on several issues, it is important to note that we are not necessarily in agreement on all of the issues. We feel that the conditions we have included in the attached "Suggested Modifications" presents a plan that is truly a win-win situation that continues to work for Mr. Osborne. Thank you for your consideration of this matter. Sincerely, Woodbridge Community LLC, an Idaho limited liability company, its Manager By VA/C%allter Derick O'Neill, Manager DO:cm Attach. cc: Woodbridge Builder Team Pete O'Neill Ron Osborne O'NEILL ENTERPRISES 100 N. 9TH ST., STE. 300 BOISE, IDAHO 83702 P: 208.336.3430 F: 208.336.5296 SUGGESTED MODIFICATIONS OF CONDITIONAL USE CUP -01-024 I. Site Plan At the invitation of Mr. Osborne, we have made modifications to the Site Plan that incorporate an increase in storage area square footage from the original proposal in a way that has achieved more open space and less pavement. As a result, we ask that the Site Plan be modified to include the following changes that are illustrated in the modified site plan (Exhibit A). A. No buildings shall be located closer than 120 ft. from the south property line. B. Maximum building height of building no. 15 (southern most building on modified site plan - Exhibit A) of ten feet in the rear and sixteen feet in the front. (Minimum roof pitch stated below not applicable to "shed roof' on this building. (See Exhibit B). C. Landscape berm of a minimum of 3 feet against backside of the most southerly building. (See Exhibit B). D. Internal landscape island planter/buffer of 20 x 180 ft. at the south end of Phase I. (See Exhibit A). E. Ten foot planter on the west end of all east -west oriented internal buildings. (See Exhibit A). II. Architecture In order to achieve a greater compatibility, we would like to see the architecture of the structures be more residential in character and feel. To accomplish this, we would recommend the following: A. The west elevations on the interior buildings, shall include a minimum of a three-foot high decorative masonry block wainscot. (See Exhibit Q. B. Corner treatments shall include a minimum of an 18" square decorative block column rising from the top of the wainscot, to the eave. (See Exhibit C). C. Building/roof transitions shall include either a "hipped" roof or a change in material building material and color at the gable ends. (See Exhibit Q. D. Roof pitch shall be a minimum 3/12 on all interior buildings. Perimeter buildings with shed roofs shall be restricted by the maximum height allowances. (See Exhibit B & Q. III. Fencing Continuity in fencing is critical to the appearance of the proposed project. A. Perimeter fencing to be rail fencing. B. If necessary, security fencing shall be restricted to black, vinyl/plastic coated chain link. Barbed wire shall be strictly prohibited. IV. Use Restrictions/Requirements The following Use Restrictions shall be included in the Development Agreement. A. No outdoor storage allowed. B. Lighting shall be restricted to indirect downward soffitt lighting. No free- standing or independent light standards shall be permitted. C. Hours of Operation shall not exceed the timeframe from 7 AM to 10 PM. No admittance after 10 PM or before 7 AM shall be allowed. D. Landscaping, irrigation, and fencing for the entire project shall be put in at the time of construction of Phase I. E. The ability for a Woodbridge community representative to review and comment on the final landscape plan prior to construction. F. Colors shall be earth tone. Woodbridge Community LLC shall have the ability to review and comment on building material and color selections prior to start of construction V. Project Phasing & Timing Construction of Phase II shall not commence until 7 years from the date of approval. rj M M� • r -I rc W July 2, 2001 MERMAN PLANNING & ZONING MEETING APPLICANT Ron Osborne July 5, 2001 AZ 01-011 ITEM NO. 7 REQUEST Public Hearing -- Request for annexation and zoning of 9.79 acres from RUT to C -G zones for Franklin Mini Storage -- 1975 East Franklin Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE, MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS No comment "MFD will not have a problem with this Annex" "No Remarks" "No Comment" "No Comments at this time" See attached comments '6 �Y VOA , IV //,V ,V/ '� f A "We have No Objections to this Proposal" b I See attached comments OTHER: See attached letter from Scots Beecham Contacted: eW C) S)narnG Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. 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