HomeMy WebLinkAboutACHD Ustick Property DAADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 26
BOISE IDAHt) 02123/07 04:42 PM
DEPUTY PaiG Thompson III II~IIIIIIIII~~IIIII~IIIIIII~I~I ~II
RECORDED-REQUE5T OF
City of Meridian 1 Ei7~~~~37
INTERAGENCY AGREEIHEN'1[~
PARTIES: 1. City of Meridian
2. Ada County Highway District, a body politic and corporate of the State of
.Idaho, Owner
THIS INTERAGENCY AGREEMENT (this "Agreement"), is .made and entered into
this day of February, 2007, by and between City of Meridian, a municipal corporation of the
State of Idaho, hereafter called "CITY', and Ada County Highway District, a body palitic and
corporate of the State of Idaho, whose address is 3775 Adams Street, Garden City, Idaho 83714
hereinafter called "ACHD".
1. RECITALS:
WHEREAS, Idaho Code § 67-2332 expressly authorizes the "CITY" and "ACHD" to enter
into agreements to perform any governmental service activity, or undertaking that is authorized by
law and within the power, privilege or authority of said agencies; and
1.1 WHEREAS, "ACHD" 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 far each.
owner, which is attached hereto and by this reference incorporated herein as
if set forth in full, herein after referred to as the "Property"; and
1.2 WHEREAS, LC. § 67-6511A, Idaho Code, provides that cities may, by
ordinance, require orpermit as acondition of re-zoning that the owner 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
the Meridian Unified Development Code, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, "ACHD" has submitted an application for annexation and
zoning of the "Properties" described in Exhibit A, and has requested a
designation of (C-G) General Commercial, (Municipal Code of the City of
Meridian); and
1.5 WHEREAS, "ACHD" 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
DEVELOPMENT AGREEMENT' (AZ OS-060) ACHD - USTIC.K RD/EAGLE RD -- PAGE 1 OF 9
Meridian planning jurisdiction, and received further testirxrony and comment;
and
1.7 WHEREAS, City Council, the 9~' day of May, 2006, 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 "ACHD" to enter into an agreement
before the City Council takes final action on annexation and zoning
designation; and
1.9 "ACHD" 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 "ACHD" to enter into an agreement for the
purpose of ensuring that the "Property" is developed and the subsequent use
of the "Property" is in accordance with the terms and conditions of this
agreement, herein being established as a result of evidence received by the
"City" in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and toensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and the Zoning and Development
Ordinances codified in Meridian City Code Title 11.
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 "ACHD": means and refers to Ada County Highway District, a body politic
and corporate of the State of Idaho, whose address is 3775 Adams Street,
Garden City, ID 83714 the party that owns and is developing said "Froperty"
and shall include any subsequent owners and/or developer(s) of the
"Property"
DEVELOPMENT AGREEMENT (AZ OS-060) ACHD - USTtCK RD/EAGhE RD -PAGE 2 OF 9
3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property"
located in the County of Ada, City of Meridian as described in Exhibit A
describing the parcels to be annexed and zoned C-G (General Commercial
District) 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 Unified
Development Code which are herein specified as follows:
Construction of a collector roadway with the remainder of the property to
be sold for future commercial use in the proposed C-G zone. The pertinent
provisions of the City of Meridian Comprehensive Plan are applicable to
this AZ OS-060 application.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. "ACHD" shall develop the "Property" in accordance with the following
special conditions:
5.1.1. That all future development of the subject property shall be
constructed in accordance with City of Meridian ordinances in effect
at the time of development. All future uses shall not involve uses,
activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke,
fumes, glare or odors.
5.1.2. That all future development of the subject property shall be
constructed in accordance with City of Meridian ordinances in effect
at the time of development.
5.1.3. That the "ACHD" will be responsible for coordinating the sewer and
water main extension with the Meridian City Public Works
Department.
5.1.4. That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the City
of Meridian. We11s maybe used for non-domestic purposes such as
landscape irrigation.
DEVELOPMENT AGREEMENT (AZ OS-Ob0) ACHD - USTICK RD/EAGLE RD -PAGE 3 OF 9
5.1.5. That prior to any building permit, the subject property be subdivided
in accordance with the City of Meridian Unified Development Code.
5.1.6. That a street buffer, constructed in accordance with City Code, be
installed along Ustick Road and the future collector roadway.
5.1.7. That when a preliminary plat is submitted to the City, the entire 4.92
acres that are the subject property for AZ OS-060 will be included
within the boundaries of said plat (no out-parcels).
5.1.8. That when a preliminary plat is submitted to the City, no direct access
to Ustick Road will be allowed. As such time as individual uses are
proposed, direct access shall be prohibited. This is not intended to
prohibit a public street connection to Ustick Road.
5.1.9. That in any case of any division of the property cross access to parcels
south and west of the site be granted at intervals to be determined by
"ACHD".
5.1.10. That a landscape buffer will not be required along the east side of the
future collector roadway. That fencing, however, will be provided by
the "ACHD" along the eastern boundary of this site, unless the
adjacent use if a commercial or institutional use and does not want
fencing installed.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the
commitments contained herein shall be terminated, and the zoning designation reversed, upon a
default of the "ACHD" successors, assigns, to comply with Section 5 entitled "Conditions Governing
Development of Subject Property" of this Agreement within two years of the date this Agreement is
effective, and after the "City" has complied with the notice and hearing procedures as outlined in
Idaho Cade § 67-6509, or any subsequent amendments or recadifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION:
"ACHD" consents upon default to the reversal of the zoning designation of the "Property" subject to
and conditioned upon the following conditions precedent to-wit:
7.1 That the "City" provide written notice of any failure to comply with this
Agreement to "ACHD" and if the "ACHD" fails to cure such failure within
six (6) months of such notice.
8. INSPECTION: "ACHD" shall, immediately upon completion of any portion or the entirety
of said development of the "Property" as required by this Agreement or by City ordinance or policy,
notify the City Engineer and request the City Engineer's inspections and written approval of such
completed improvements or portion thereof in accordance with the terms and conditions of this
Agreement and all other ordinances of the "City" that apply to said Property.
DEVELOPMENT AGREEMENT (AZ OS-060) ACHD - USTICK RD/EAGLE RD -- PAGE 4 OF 9
9. DEFAULT:
9.1 In the event "ACHD", successors, assigns, or subsequent owners of the
"Property" or any other person acquiring an interest in the "Property", fail to
faithfully comply with all of the terms and conditions included in this
Agreement in connection with the "Property", this Agreement may be
modified or terminated by the "City" upon compliance with the requirements
of the Zoning Ordinance.
9.2 A waiver by "City" of any default by "ACHD" of any one or more of the
covenants or conditions hereof shall apply solely to the breach and breaches
waived and shall not bar any other rights or remedies of "City" or apply to
any subsequent breach of any such or other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of
this Agreement or this Agreement, including all of the Exhibits, at "ACHD's"cost, and submit proof
of such retarding to "ACHD", prior to the third reading of the Meridian Zoning Ordinance in
connection with the re-zoning of the "Property" by the City Council. If for any reason after such
recordation, the City Council fails to adopt the ordinance in connection with the annexation and
zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate
instrument of release of this Agreement.
11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid
and binding ordinance zoning the "Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by
either "City" or "ACHD", or by any successor or successors in title or by the assigns of the parties
hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree that
"City" and "ACHD" shall have thirty (30) days after delivery of notice of said
breach to correct the same prior to the non-breaching party's seeking of any
remedy provided for herein; provided, however, that in the case of any such
default which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same within such
thirty (30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure may be
extended for such period as may be necessary to complete the curing of the
same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed hereunder by
either "ACHD" or "City" is delayed far 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.
DEVELOPMENT AGREEMENT (AZ OS-060) ACHD - USTICK RD/EAGLE RD -PAGE 5 OF 9
13. SURETY OF PER'F'ORMANCE: The "City" may also require surety bonds, irrevocable
letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City
Code, to insure that installation of the improvements, which the "ACHD" agrees to provide, if
required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "ACHD" agrees that no Certificates of
Occupancy will be issued until all improvements are completed, unless the "City" and "ACHD" has
entered into an addendum agreement stating when the improvements will be completed in a phased
developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the
improvements have not been installed, completed, and accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "ACHD" agrees to abide by all ordinances
of the City of Meridian. and the "Property" shall be subject to de-annexation if the owner or his
assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Agreement, and the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be
deemed delivered if and when personally delivered or three (3) days after deposit in the United States
Mail, registered or certif ed mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
OWNER:
c/o City Engineer Ada County Highway District, a body politic
City of Meridian and corporate of the State of Idaho
33 E. Idaho Avenue 3775 Adams Street
Meridian, ID 83642 Garden City, ID 83714
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
16.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of
this section.
17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
maybe granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition and provision hereof, and that
DEVELOPMENT AGREEMENT (AZ OS-060) ACHD - USTICK RD/EAGLE RD -PAGE 6 OF 9
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the
benefit of the parties' respective heirs, successors, assigns and personal representatives, including
"City's" corporate authorities and their successors in office. This Agreement shall be binding on the
"ACHD" of the "Property",each subsequent owner and any other person acquiring an interest in the
"Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions
thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "ACHD", to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "ACHD" has fully performed its obligations under this Agreement.
20. INVALID PROVISION: if any provision of this Agreement is held not valid by a court of
competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the
invalidity thereof shall not affect any of the other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,
condition and understandings between "ACHD" and "City" relative to the subj ect matter hereof, and
there are no promises, agreements, conditions or understanding, either oral or written, express or
implied, between "ACHD" and "City", other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this Agreement shall be
binding upon the parties hereto unless reduced to writing and signed by them or their successors in
interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or
resolution of "City".
21.1 No condition governing the uses and/or conditions governing re-zoning of the
subject "Property" herein pravided for can be modified or amended without
the approval of the City Council after the "City" has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the
Meridian City Council shall adapt the amendment to the Meridian Zoning Ordinance in connection
with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ OS-060) ACHD - USTICK RDBAGLE RD - PAGE ~ OF 9
IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it
effective as hereinabave provided.
ADA COUNTY HIGHWAY DISTRICT
CITY OF MERIDIAN
Attest:
de WEERD
Ci~j c~..~.~ z- I3-~ 7
WILLIAM G. BERG,
By: /"~~
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DEVELOPMENT AGREEMENT (AZ OS-060) ACRD - USTICK RD/EAGLE RD -PAGE 8 OF 9
STATE OF IDAHO
County of Ada
ss
On this ~~ay of , 2007, before me, the undersigned, a Notary
Public in and for said State, personally appeared 'sv.. on behalf of
Ada County Highway District, a body politic and corporate of th tote of Idaho, own or identified
to me to be the of said corporation, who executed the instrument on behalf
of said corporation, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
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STATE OF IDAHO )
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County of Ada )
Notary Pu lic for Idaho
Residing at:
My Commission Expires: ~ /~~/ham ~~
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On this ~ s day of ~ ~~~ u.~~.~-~ , 2007, before me, the undersigned, a Notary
Public in and for said State, personally appeared Tarnrny de Weerd and William G. Berg, Jr., known.
or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed
the instrument or the person that executed the instrument of behalf of said City, and acknowledged to
me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate first above written.
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Residing at: ~~ (G,~ G;. . yolf
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DEVELOPMENT AGREEMENT (AZ OS-060) ACRD - USTTCK RD/EAGLE RD -PAGE 9 OF 9
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Project No. 06-128
DESCRIPTION ~'OR
PARCEL A (REMNANT PARCEL)
ACRD USTICK ROAD PROPERTY
July 12, 2006
A parcel of land located in Government Lot 4 of Section 4, T.3N., R.1 E., B.M.,
Ada Gaunty, Idaho more particularly described as follows:
Commencing at a 5/8" iron pin. marking the NE corner of'said Government Lot 4
from which a brass ,cap monument marking the NW corner of said Section 4 bears
North $9°49'23" West, 1'329.69 feet;
thence along the North boundary line of said Section 4 North 89°49'23" West,
168.19 feet
thence South 00°35'23" West, 45.00 feet. to a '/x" iron pin marking the REAL
POINT OF BEGINNING;
thence South 89°49'23" East, 64.53 feet to a %" iron pin;
thence South 44°49'23" East, 29.70 feet to a %" iron pin;
thence South 00°35'06" West, 32.16 feet: to a 1/Z" iron pin marking the beginning
of a curve to the left;
thence along said curve 45.34 feet, said curve having a radius of 237.50 feet, a
central angle of 10°56'17" and a long chord of 45.27 feet which bears South 04°53'02"
East to a %" iron pin marking the point of tangency;
thence South 10°21'11" East, 91.91 feet to a %" iron pin marking the beginning of
a curve to the right;
thencea along said curve 29.02 feet, said curve, having a radius of 152.00 .feet, a
central angle of 10°5fi'17" and. a long chord of 28.9 feet which bears South 04°53'02"'
- East to a'/2" iron pin marking the point of tangency;,
thence South 00°35'06" West, 1027.78 feet to a'/z" iron pin;
thence North 89°52'03" West, 1 X0.30 feet to a 5/8" iron pin;
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thence North QO°35'23"' East, 1245.34 feet to the REAL POINT O~ BEGINNING
containing 3.07 acres, more or less.
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
~, 1 .f ~' . , ..t .
Yn the Matter of Annexation and Zoning of a.92 acres from RUT (Ada Connty) to C-
G(General Commercial), by ACRD. ~~
Case No(s).: AZ-O5-OGO
Mav j ~ zaas
For the City Council Hearing Date of: May 9, 200b
City, of M~suidian
A. Findings of Fact City Clerk Office
l . Hearing Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of May 9, 2006 incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 9,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of May 9, 2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning n:~aps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-3$2 and Maps_
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OE FACT', CONCLUSIONS OF LAW ANp DECISION & ORDER
CASE NO(S). AZ-05-060 -PAGE 1 of 3
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and Development Agreement all in
the attached Staff Report for the hearing date of May 9, 2006 incorporated by reference.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The applicants request for Annexation is approved subject to the Development
Agreement in the attached Staff Report for the hearing date of May 9, 2006 incorporated
by reference.
D. Attached: Staff Report for the hearing date of May 9, 2006
rcL
By action of the City Council at its regular meeting held on the ~ 3 day of
2006.
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
VOTED_~~
VOTED_~~
VOTED ~~6
VOTED__~--
VOTED
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(5). AZ-OS-060 - FAGE 2 of 3
(TIE BREAKER)
Mayor T d -eerd
`y````+1,111111111 !!!/ ///JJJ
William G. Berg, Jr., Ci Clerk ~
7 ~
Copy served upon Applicant, The PlannY~~en~kiblic Works Department and City
llirelhn,llM~~~
Attorney.
By: s~ ~~ ~ Dated:, 5.30 -OLo
City Clerk
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-060 -PAGE 3 of 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
STAFF REPORT Hearing Date: May 9, 2006
TO: Mayor & City Council
FROM: Planning Commission & Staff
Joe Guenther ~ Caleb Hood
Meridian Planning Department
208-884-5533
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SUBJECT: Ada County Highway District Annexation REVISED ~~-Y ~ ~ 2~~~~
AZ-OS-060
Annexation and Zoning of 4.92 acres from RUT (Ada Countyy Cle~k ~ffree
C-G (General Commercial).
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Ada County Highway District, has applied for Annexation and Zoning (AZ) to C-
G (General Commercial) far 4.92 acres of property currently zoned RUT in Ada County. The site
is located on the south side of Ustick Road, approximately 1/3 mile east of Eagle Road. This site
is currently rural residential with one single-family residential building and accessory buildings.
The applicant i5 proposing to construct a collector roadway with the remainder of the property to
be sold for future commercial uses. The site will provide a public connection for future
commercial cross access in the SE corner of Eagle and Ustick Roads.
2. SUMMARY RECOMMENDATION
This item was prevfously on the March 14`h. March 21S` and May 2"~
Thi item has been continued to the Ma 9` hearin so the a licani
neluhhnrs along Duane Drive and meet with Citv Staff reaardin~ sec
ro osed collector roadwa . ACI3D's Ga Inselma has told staff that on A ril 17"' he met
with 3 out of the 4 home owners and the director of the ad acent funeral home these are
the neiehbors that are directly affected by the proposed roadwav location.) Mr. Inselman
has indicated to staff that those to attendance at that meetin area reeable to the ACHD
constructin the roadwa rovided dual fences are installed between their ro ert and the
roadwa .One of the fences would be a solid fence that would screen the ro erties from the
road. and the second fence would be primarily constructed to contain livestock. On MaV 2n`'
Ci Staff met with Mr. Inselman to discuss the timin and construction res onsibilities for
the sewer and water lines within the ro osed Alle s Wa collector street. Staff has u dated
the staff report below to reflect that ACHD will not be responsible for the costs of installing
sewer and water within Alle s Wa .However ACHD s ould coordinate the construction of
the roadwa with the Public Works De artment so that Water and or Sanitar Sewer
Mains can be ut in Alle s Wa ahead of its construction. Staff has not added a fencin
rovision/condition for the eastern boundar within Section 10 of the Staff Re ort.
The Meridian Planning and Zoning Cornrrlission heard the item on February 16, 2006. At the
public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: Becky McKay, Engineering Solutions; Gary lnsleman, ACRD staff
ii. In opposition: None.
iii. Commenting: Fitzroy A. Belcher, 2920 Duane Drive -Concerned with
eliminating landscaping on the eastern property boundary.
iv, Staff presenting application: Joe Guenther, Associate
ADA COUNTY HIGHWAY DISTRCCT ANNEXATION -- AZ-OS-060
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
v. Other staff commenting on application: Ted Baird, Attorney, Caleb Hood,
Planning Manager
b. Key Issues of Discussion by Commission:
i. -20-foot landscape buffer on the eastern property boundary;
ii. -Road alignment with Alleys Way north of Ustick;
iii. --Cross access requirement to other properties south and east.
c. Key Commission Changes to Staff Recommendation:
i. -Remove -Page 7 "within 18 months" from the development agreemment
requirements -
ii. -Add- Page 3 Item I There will be no direct lot access to Ustick Road, except for
the future road -
iii. -Add -- to development agreement, the comment: that a landscape buffer will not
be required along the east side of the future collector roadway
d. Outstanding Issue(s) for City CounciL•
i. Landscaping/fencing requirements east of the collector roadway.
The subject property is within the Urban Service Planning Area. Staff has provided detailed
analysis and recommends that the subject be approved with all requirements for the Development
Agreement (DA) (see below for DA provisions). Staff is recommendin a royal of the
nroUOSed Ada County Highway District Annexation. submitted as AZ-OS-060 with the
development agreement and concerns as detailed in this report.
3. PROPOSED MOTION (to be considered after the public hearing)
Approve
After considering all staff, applicant and public testimony, I move to approve File Number AZ-
OS-060 as presented in Staff Report for the hearing date of March 14, 2006 with the following
modifications: (Add any proposed modi.fications.)
Deny
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-
05-060 as presented in the Staff Report for the hearing date of March 14, 2006 for the
following reasons: (You should state specific reasons for denial of the annexation and you must
state specific reason(s) for the denial of the plat-)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Numbers
AZ-OS-060 to the hearing date of (insert continued hearing date here) for the following
reason(s): (You should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: 3595 E. Ustick / 3N1E4
b. Owner/Applicant
Ada County Highway District, LLC
3775 Adams Street
Garden City, Idaho $3714
c. Representative: Becky McKay, Engineering Solutions
ADA COUNTY HIGHWAY DISTRICT ANNEXATION - AZ-OS-060
FAGE 2
CITY OF MERIDIAN PLANNfNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
d. Present Zoning: RUT (Ada County)
e. Present Comprehensive Plan Designation: Mixed Use Regional
f. Description of Applicant's Request: Request for Annexation and Zoning (AZ) to C-G
(General Commercial) for 4.92 acres of property currently zoned RUT in Ada County.
g. Applicant's Staternent/Justi~cation: The site is located on a main arterial which has recently
been upgraded as a major arterial with access to a state highway which is appropriate for
commercial/office uses.
S. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the City Council on this matter.
b. Newspaper notifications published on: March 6 and February 20, 2006
c. Radius notices mailed to properties within 300 feet on: February 17, 2006
d. Applicant posted notice on site by: March 1, 2006
6. LAND USE
a. Existing hand Use(s): There is an existing home and other outbuildings on the subject site.
b. Description of Character of Surrounding Area: The parcels to the south and west are
either zoned commercial or proposed commercial zones. To the north is the approved Lowe's
building. Perkins-Brown Subdivision, an Ada County single-family development lies east of
the subject site and the proposed ACRD collector road right of way. This area is rapidly
transitioning from rural to urban/commercial.
c. Adjacent Land Use and Zoning:
1. North: Commercial, zoned C-G, Lowes
2. East: Rural residential, zoned RUT (Ada County)
3. South: Redfeather Subdivision, zoned C-G
4. West: Single-family/Conunercial, zoned RUT proposed C-G
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities:
I. Public Works:
Location of sewer: Sewer is available in Ustick Road.
Location of water: Water is available in Ustick Road
lssues ar concerns: None.
2. Vegetation: There are some existing trees on this site that should be protected or
mitigated for when this property develops.
3. Floodplain: N/A
4. Canals/Ditches Irrigation: A11 irrigation ditches, laterals and canals should be tiled
when this property develops.
ADA COUNTY HIGHWAY DISTRICT ANNEXATION - AZ-OS-060
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OP MAY 9, 2006
5. Hazards: Staff is not aware of any hazards associated with this property.
6. Proposed Zoning: C-G (General Commercial)
7. Size of Property: 4.92 acres
Subdivision Plat Information: The applicant has not submitted a preliminary plat with
the subject annexation application. Staff recommends that the City include specific concepts
within a Development Agreement (DA) for developing the subject property. Please see
Analysis below for recommended DA provisions.
g. Landscaping:
1. Width of street buffer(s): Per City Code, a 35-foot wide landscape street buffer is
required adjacent to Ustick Road, an arterial roadway (UDC 11-2A-4).
2. Width of buffer(s) between land uses: N/A all properties are proposed as C-G
h. Required Commercial Standards: C-G
Setbacks Proposed Required
Landscape (Commercial)
Arterial Road (Ustick) NA 35
Collector Street (Future) NA 20
Use buffer (residentiaUcommercial)NA 25
Summary of Proposed Streets and/or Access: As mentioned above, the applicant is not
proposing to develop/plat this property at this time. There will be a future collector roadway
at this site which will eventually connect Ustick Road and Fairview Road. The applicant is
proposing to take the required right of way, divide the property and sell the remainder as C-G
zoned property for development. There will be no direct lot access to Ustick Road except far
the future road and a system of cross access points or internal streets will be established by
ACRD.
COMMENTS MEETING
On December 30, 2005, a joint agency and departments meeting was held with service providers
in this area. The agencies and departments present include: Meridian Fire Department, Meridian
Parks Department, Meridian Public Works Department, and the Sanitary Services Company.
These agencies were unable to comment as there was no conceptual design provided. No
comments are included with this report as all uses will require at minimum a certificate of zoning
compliance where the agencies will have the opportunity to condition specific uses.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed Use Regional" on the Comprehensive Plan Future Land Use
Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that
is situated in highly visible or transitioning parts of the City where innovative and flexible design
opportunities are encouraged. The MU-R bas no upper litnit on the square footage of non-
residential uses and is intended to allow a broad range of uses. Staff recommends that the
Commission and Council rely on any verbal or written testimony that may be provided at the
public hearing when determining the most appropriate zone for this property.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply
to the subject property (Staff analysis in italics below policy):
ADA COUNTY HIGHWAY DISTRICT ANNEXATION - AZ-05-060
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT POR TH.E HEARING DATE OF MAY 9, 2006
• Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
• Sanitary sewer and water service will be extended to the project at the
developer's expense.
• The subject lands currently lie within the jurisdiction of the Meridian Rural Fire
District. Once annexed the lands will be under the jurisdiction of the Meridian
City Fire Department, who currently shares resource and personnel with the
Meridian Rural Fire Department.
• The subject lands currently lie within the jurisdiction of the Ada County Sherds
Office. Once annexed the lands will be serviced by the Meridian Police
Department (MPD).
+ The roadways adjacent to the subject lands are currently owned and maintained
by the Ada County Highway District (ACRD). This service will not change.
• The subject lands are currently serviced by the Mertdian School District #2. This
service will not change.
• The subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian Library District should suffer nv
revenue loss as a result of the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
• Protect existing residential properties from incompatible land use developrent on adjacent
parcels. (Chapter VII, Goal IV, Objective C, Action 1)
The applicant is proposing a commercial zone adjacent to proposed or established
commercial districts. Staff finds that impacts to the existing residential properties to the east
can be limited through design as to be compatible with the proposed development if
appropriate fencing, access points, and landscaping are installed with this project and in
cooperation with the future ACRD collector road.
• "Permit new. ..commercial developments only where urban services can be reasonably
provided at the time 'of final approval and development is contiguous to the City." (Chapter
IV, pg. 26, Goal I, Obj. A, #6)
Municipal water, solid waste and other services exist to this area of Meridian.
"Locate new community commercial areas on arterials...near residential areas in such a way
as to complement with adjoining residential areas." (Chapter VII, pg. 43, Goal III, Obj. D,
#3)
The proposed commercial use is Xocated at the intersection of a future collector road and an
arterial roadway. A 35 foot wide street buffer wild be required along Ustick Road and a 20-
foot wide street buffer will be installed as a part of the western side of the collector roadway
to be designed in part to mitigate potential negative impacts upon the vehicular tall c on
ADA COUNTY HIGHWAY DISTRICT ANNEXATION - AZ-OS-060
PAGE 5
CITY QF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOIL THE HEARING DATE OF MAY 9, 2006
arterial roads and future vehicular impact on existing residential uses. There are several
major commercial developments with associated mixed use residential developments
occurring in the area to which the proposal will provide service.
• "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, pg. 107,
Goal IV, Obj. D, #2}
The curb cuts and access paints will be designed to be consistent with other proposals of this
size and nature. However, these wild be approved with the filing of a detailed development
proposal and full review by ACRD.
• Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow. (Chapter VI, Goal II, Objective A, Action b)
For the future collector roadway, one access road to Ustick Road with a future connection to
the south through Red feather Estates. Cross access will be required east and west of the site.
Staff is generally supportive of the conceptual connectivity proposal.
• Review new development for appropriate opportunities to connect to local roads and
collectors in adjacent developments. (Chapter VT, Goal II, Objective A, Action 13)
No stub streets are currently provided to the subject site. See bullet above.
Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this
application:
"The capacity of arterial...roadways can be greatly diminished by excessive driveway
connections to the roadways. The City should cooperate with Achd to minimize access points
on arterial...roadways as development applications are reviewed." (Chapter VI, page 72)
"Develop methods, such as cross-access agreements, frontage roads, to reduce the number of
existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79).
"Identify transitional zones to buffer commercial and residential uses, to allow uses such as
offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102)
Staf~}`finds that the proposed C-G zoning designation is generally harmonious with and in
accordance with the Comprehensive Plan.
9. ZONING ORDINANCE
a. Allowed Uses in the Cornrnercial Districts: UDC Table 11-2B-2 lists the permitted, accessory,
and conditional uses in the C-G zoning district.
b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the
retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Four Districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and nux of allowed commercial uses, and the location
of the district in proximity to streets and highways. 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 ar arterial streets; to fulfill the need oftravel-related
services as well as retail sales for the transient and permanent motoring public. All such
districts shall be connected to the municipal water and sewer systems of tk~e city, and shall not
constitute strip commercial development and encourage clustering of commercial
ADA C~CINTY HIGHWAY DISTRICT ANNEXATION - AZ-OS-060
PAGE 6
CITY OF MERIDIAN PI,ANNINC} DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
development.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
1. AZ Application: Based on the policies and goals contained in the Comprehensive
Plan, staff believes that the requested .C-G zone is appropriate for this property. Please
see Exhibit B for detailed analysis of the required facts and findings.
The annexation legal description submitted with the application (stamped on
November 3, 2005 by Gregory G. Carter, PLS) shows the property as contiguous to
the existing corporate boundary of the City of Meridian.
Special Considerations:
Development Agreement: UDC 11-SB-3D2 and Tdaho Cade § 65-6711A
provides the City the authority to require a property owner to enter into a
Development Agreement (DA) with the City that may require same written
commitment for all future uses. Staff believes that a DA is necessary to ensure
that this roe is develo ed in a fashion that is consistent with the
comprehensive flan designatjon and does _ not negatively impact nearby
properties.,
Prior to the annexation ordinance approval, a Development Agreement (DA)
shall be entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and the developer. The a licant shall contact
the City Attorney, Bill Nary, at 88$-4433 to initiate this process. The DA shall
incorporate the following:
• That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
• That all future development of the subject property shall be constructed
in accordance with City of Meridian ordinances in effect at the time of
development.
+ That the applicant will be responsible for a~--sests~sesia+tn
coordinatin the sewer and water ser~iee main extension with the
Public Works Department.
• That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the City of
Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
• That prior to issuance of any building permit, the subject property be
subdivided in accordance with the City of Meridian Unified
Development Code.
• That a street buffer, constructed in accordance with City Code, be
installed along Ustick Road and the future collector roadway.
• That when a preliminary plat is submitted to the City, the entire 4.92
acres that are the subject property for AZ-OS-060 will be included within
the boundaries of said plat (no out-parcels).
ADA COUNTY HIGH WAY DISTRICT ANNEXATION - AZ-OS-060
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMEN'T' STAFF REPORT FqR THE HEARING DATE DF MAY 9, 2006
That when a preliminary plat is submitted to the City, no direct lot access
to Ustick Road will be allowed. At such time as individual uses are
proposed, direct access to Ustick Road shall be prohibited. This is not
intended to prohibit a public street connection to Ustick Road.
That in the case of any division of the property cross access to parcels
south and west of the site be granted at intervals to be determined by
ACRD.
That a landscape buffer will npt be required along the east side of the
future collector roadway. That fencin however will be rovided b
the a licant aloe the eastern bounder of this site unless the
ad'acent use is a commercial or institutional use and does not want
fencing installed.
b. Staff Recommendation.: Staff recommends that the subject property be annexed into
the City with a C-G zoning designatfon with the aforementioned Annexation & Zoning
provisions included in a Development Agreement.
11. EXHIBITS
A. Legal Description
B. Required Findings from Zoning Ordinance
Al;)A COC )NTY HIGHWAY DISTRICT ANNt~XATTON - AZ-OS-060
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THI: HEARING DATE OP MAY 9, 2006
A, Legal Description
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Propcst:d C-G ZOn~
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 9, 2006
S. Required Findings from Zoning Ordinance
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full
investigation and shall, at the public hearing, review the application. In order to
grant an annexation and/or rezone, the Council shall make the following findings:
1. The map amendment complies with the applicable provisions of the
comprehensive plan;
The applicant is proposing to zone all of the subject property to GG. The
Council finds that the proposed zoning map amendment complies with the
applicable provisions of the comprehensive plan. Please see Comprehensive Plan
Policies and Goals, Section 8, of the Staff Report.
2. The map amendment complies with the regulations outlined for the
proposed district, specifically the purpose statement;
No development is proposed concurrent with the zoning map amendment. The
Council finds that future development of this property should comply with the
established regulations and purpose statement of the C-G zone.
3. The map amendment shall not be materially detrimental to the public
health, safety, and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to
the public health, safety, or welfare. The Conunission and Council rely on any
oral ar written testimony that may be provided when determining this finding.
4. The map amendment shall not result in an adverse impact upon the delivery
of services by any political subdivision providing public services within the
City including, but not limited to, school districts; and,
The Council finds that the proposed zoning amendment will not result in any
adverse impact upon the delivery of services by any political subdivision
providing services to this site.
5. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
If the applicant enters into a Development Agreemen~DA) with the City., The
Council finds that the annexation and zonin f his roe to C-G would be in
the best interest of the Ci
B-r