HomeMy WebLinkAboutCortabitarte DA AZ 03-026ADA COUNfY RECORDER J. DAVID NAVARRO 34
BOISE IDAHO 03112104 11:19 AM
DEPUTY Kathy Ingraham
RECORDED-REQUEST OF II I I IIIII I IIIII I I IIIII (IIIII (III V III
Meridian 104027941
AMOUNT .00
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Jack G. Cortabitarte, Personal Representative of the Estate of Jess
J. Cortabitarte, Owner
THIS DF~VELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this ~ day of {~~~`/,~G2/~1 , 2004, by and between CITY OF
MERIDIAN, a municipal corporationration ofthe tatetate of Idaho, hereafter called "CITY', and
JACK G. CORTABITARTE, Personal Representative of the Estate of Jess J.
Cortabitarte, whose address is 3115 Crescent Rim Drive, Boise, Idaho 83706, hereinafter
called "OWNER".
1. RECITALS:
1.1 WHEREAS, "OWNER" is the sole owner, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described
in Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the "Owner" make a written commitment concerning the use
or development of the subject "Property"; and
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" has subnritted an application for annexation
and zoning of the "Pmperly's" described in Exhibit A, and has
requested a designation of (C-G) General Retail and Service
Commercial District and (I-L) Light Industrial District, (Municipal
Code of the City of Meridian); and
1.5 WHEREAS, "Owner" made representations at the public hearings
both before the Meridian Planning & Zoning Commission and
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE 1 OF 1
before the Meridian City Council, as to how the subject "Propert}~'
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 2 ? day of f nuc~ , 2004,
has approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which aze attached
hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as (the "Findings'; and
1.8 WHEREAS, the Findings require the "Owner" to enter into a
development agreement before the City Council takes final action
on annexation and zoning designation; and
1.9 "OWNER deems it to be in its best interest to be able to enter into
this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and requests; and
1.9 WHEREAS, "Cit}~' requires the "Owner" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is
in accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence
received by the "Cit}~' in the proceedings for annexation and
zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected property
owners and to ensure annexation and zoning designation is in
accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and the
Zoning and Development Ordinances codified in Meridian City
Code Title 11 and Title 12.
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE 2 OF 2
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": means and refers to Jack G. Cortabitarte, Personal
Representative of the Estate of Jess J. Cortabitarte, whose address
is 3115 Cresent Rim Drive, Boise, Idaho 83706, the parties owning
said "Propert}~' being developed and shall include any subsequent
owner(s~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 of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned C-G and I-L 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 (K and Nl which are herein specified as follows:
It is the applicant's intent to use the rear (I-L) portion of the
property as a parking lot expansion for Food Services of
America, which is immediately east of the property. The front
DEVELOPMENT AGREEMENT {A~03-026)
PAGE 3 OF 3
(C-G) portion will remain undeveloped until sewer is available to
the property.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner" has submitted to
"Cit7~' an application for conditional use permit, and shall be required to obtain the
"City's" approval thereof, in accordance to the City's Zoning & Development Ordinance
criteria, therein, provided, prior to, and as a condition of, the commencement of
construction of any buildings or improvements on the "Property" that require a
conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A "Owner" shall develop the "Property" in accordance with the following
special conditions:
ANNEXATION AND ZONING CONDITIONS:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department, as
modified by the Planning & Zoning Commission, as follows:
• All future uses within the boundaries of this annexation can only be approved
through the Conditional Use Permit process.
• The existing residential use may continue as a legal nonconforming use until such
time as sanitary sewer service is available to the property and at that time the
residential use of the building shall cease.
• The C-G area shall remain undevelopable until sanitarysewer service is available
to the property.
• Any existing domestic wells and/or septic systems within this proj ect will have to
be removed from their domestic service, per City Ordinance Section 5-7-517,
when services are available from the City of Meridian. Wells may be used for
non-domestic purposes such as landscape irrigation.
• Any other conditions desired by the Council.
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE 4 OF 4
B. Adopt the Recommendations ofthe ACRD as follows:
Site Specific Conditions of Aunroval
1. Upon the receipt of a development application in the future for this site the District
intends to add conditions of approval that apply to this site.
2. Comply with all Standazd Conditions of Approval.
Standard Conditions of Approval
Any existing irrigation facilifies shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact Construcfion
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at 387-
6258 (with file numbers) for details.
All design and construction shall be in accordance with the Ada County Highway
District PolicyManual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specificallywaived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
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.
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE 5 OF 5
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-
of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of--way.
The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACRD conduits (spaze or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are
in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall
be upon the applicant to obtain written confirmation of any change from the Ada
County Highway District.
11. Any change by the applicant in the planned use of the property which is the subj ect 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.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1. Commercial and office occupancies will require afire-flow consistent with the
International Fire Code to service the proposed proj ect. Fire hydrants shall be placed an
average of 400' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department
thru the Public Works Department.
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE 6 OF 6
4. All roads shall have a fuming radius of 28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
6. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a turn around.
7. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and
efficient response by fire and emergency medical service vehicles. This cost of this
installation is to be borne by the developer
8. All access roads leading into and within theproject shall have a clear driving surface
with a minimum width of 20' available at all times.
D. Adopt the action of the City Council from their January 13, 2004 meeting as
follows:
For clarification:
1. Pertaining to the Staffreport dated November 25, 2003, and specifically under
SPECIAL CONSIDERATIONS item number 3 Split Zoning, the memo received
fiom Brad Watson is hereby aclrnowledged as being placed into public record, and
that said memo addresses the lot line adjushnent for this application as follows: "I
have not yet approved the submitted Lot Line AdjustmenURecord of Survey
(LLA/ROS), but it is simply a matter of minor corrections to the ROS in order to
approve it. hi summary, I will approve and sign the LLA/ROS with minor
revisions once annexation of the subject property is complete."
2. The old faun house, which is on the front part of the property, shall presently
remain as a nonconforming use but it will be required to conform to Zoning
Ordinance when the property is sold in the future. The house presently can
remain on the well and septic until water and sewer service becomes available to
the property.
7. COMPLIANCE PERIODf CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "Owner" or "Owner's" heirs, successors, assigns, to
comply with Section 6 entitled "Conditions Governing Development" of subject
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE 7 OF 7
"Propert}~' of this agreement within two years of the date this Agreement is effective, and
after the "Cit}~' has complied with the notice and hearing procedures as outlined in LC. §
67-6509, or any subsequent amendments or recodifica6ons thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" consent upon default to the de-annexation and/or a reversal of
the zoning designation of the "Propert}~' subject to and conditioned upon the following
conditions precedent to-wit:
8.1 That the "City" provide written notice of any failure to comply
with this Agreement to "Owner" and if the "Owner" fails to cure
such failure within six (6) months of such notice.
9. INSPECTION: "Owner" shall, immediately upon completion of any
portion or the entirety of said development of the "Property" as required by this
agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and
all other orduiances of the "City" that apply to said Development.
10. DEFAULT:
10.1 hi the event "Owner" or "Owner's" heirs, successors, assigns, or
subsequent owners of the "Propert}~' or any other person acquiring
an interest in the "Property", fail to faithfully comply with all of
the terms and conditions included in this Agreement in connection
with the "Property", this Agreement may be modified or terminated
by the "City" upon compliance with the requirements of the Zoning
Ordinance.
10.2 A waiver by "Cit}~' of any default by "Owner" 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.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE 8 OF 8
"Owner's" cost, and submit proof of such recording to "Owner",prior to the third reading
of the Meridian Zoning Ordinance in connection with the annexation and zoning of the
"ProperE}j' 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 "Cit}~' shall execute and record an appropriate
instrument of release of this Agreement.
12. ZONING: "Cit}~' 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", or by any successor or successors in
title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate
action at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
13.1 hi the event of a material breach of this Agreement, the parties
agree that "Cit}~' and "Owner" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the
non-breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which
cannot with diligence be cured within such thirty (30} day period, if
the defaulting party shall commence to cure the same within such
thirty (30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time allowed to cure
such failure maybe extended for such period as maybe necessary
to complete the curing of the same with diligence and continuity.
13.2 hi the event the performance of any covenant to be performed
hereunder by either "Owner" or "Cit7~' 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
DEVELOPMENT AGREEMENT (AZ-03-626)
PAGE 9 OF 9
allowed under Meridian City Code § 12-5-3, to insure that installation of the
improvements, which the "Owner" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no
Certificates of Occupancy will be issued until all improvements aze completed, unless the
"Cit}~' and "Owner" have entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates
of Occupancy shall be issued in any phase in which the improvements have not been
installed, completed, and accepted by the "Cit}~'.
16. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide
by all ordinances of the City of Meridian and the "Property" shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement,
and the Ordinances of the City of Meridian.
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
660 E. Watertower Ln.
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
OWNER:
Jack G. Cortabitarte -Personal
Representative of the Estate of
Jess J. Cortabitarte
3115 Crescent Rim Drive
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.
DEVELOPMENT AGREEMENT (A7.03-026)
PAGE 10 OF 10
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 sepazate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
14. TIME IS OF THE ESSENCE: The parties hereto aclamowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the parties' respective heirs, successors, assigns and
personal representatives, including "City's" corporate authorities and their successors in
office. This Agreement shall be binding on the "Owner" of the "Property", each
subsequent owner and any other person acquiring an interest in the "Propert}~'. Nothing
herein shall in any way prevent sale or alienation of the "Propert}~', 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", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Owner" has fully performed its
obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Ageement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner" and "Cit}~'
relative to the subject matter hereof, and there are no promises, agreements, condifions or
understanding, either oral or written, express or implied, between "Owner" and "Cit}~',
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 "Cit}l', to a duly adopted ordinance or
resolution of "Cit}~'.
DEVELOPMENT AGREEMENT (AZ-03-02fi)
PAGE 11 OF 11
22.1 No condition governing the uses and/or conditions governing development
of the subject "Propert}~' herein provided for can be modified or amended
without the approval of the City Council after the "Cit}~' has conducted
public hearings} 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
"Propert}~' and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE 12 OF 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNER:
Jack G.
Jess J.
Representative of the Estate of
CITY OF MERIDIAN
MAYOR lY e WEERD
Attest:
,~,,~ G/,~Cow.~u.L 2-2¢-D~
"~~r' ~M'fhrrrr
F
,o`~~~'I OF ~aiyr~'%
G~ ~o~Part~ TFa ti ~%
CITY CLERK - SERI'
y~ ~$~
'9'Q ~T iST
.,~~ y `~~
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE 13 OF 13
STATE OF IDAHO )
:ss
COUNTY OF ADA )
On this_~~ day of ~`~j ~~~~ , in the yeaz
2004, before me, a Notary Public, personally appeared Jack G. Cortabitarte, known or
identified to me to be the person whose name is subscribed to the within instrument as the
Personal Representative of the Estate of Jess J. Cortabitarte, and acknowledged to me that
he executed the same as such Personal Representative.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the dauend•Se~.in this certificate first above written.
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STATE OF IDAHO )
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County of Ada )
On this ~y~ day of ~e~raury , in the yeaz 2004,
before me, a Notary Public, personally appeared Tamrriy de Weerd and William G. Berg,
know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said
City, and acknowledged to me that such City executed the same.
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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DEVELOPMENT AGRENT (AZ-03-023)
PAGE 14 OF 14
EXHIBIT "A"
Leeal Descriation Of Pronertv
Jack G. Cortabitarte and Isaac F. Cortabitarte
Lot 1 of Pleasant Valley Subdivision, according to the plat thereof, filed in Book
12 of Plats, page 665 in the office of the county recorder of Ada County, State of
Idaho.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 15 OF 15
EXHIBIT "B"
Findines of Fact and Conclusions of Law/Conditions of Auuroval
Z:\WorkUvI~IVieridian\Meridian 16360M\Cortalritarte Annex AZA3-026\DevelopAgr.doc
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 16 OF 16
BEFORE TH.E ~IERIDIA!V CITY COUNCIL
IN THE NLAT`I'ER OF THE
APPLICATION FOR ANNEXATION
.4ND ZONING OF 5.11 ACRES 'f0
C-G ANU I-L ZONES, LOCATED
ON'1'HE SOI:TH SIllE OF
FAIRVIEW' ROAD ABOUT
HALFWAY' BE"fWEEN LOCUST
GROV"E ANU EAGLE ROADS,
MERIDIAN, lUAHO
.LACK CORT:IBITAR'fE,
4PPLJC:ANT
Case No. AZ.,-03-02(i
FINDINGS OF PACT A'NU
CONCLUSIONS OF LAbV AND
DECISION A'V''D ORDLR
GR.AN'fING APPT,ICATION FOR
ANNEXA'fi0\' AND ZONING
The above entitled annexation and zoning application having tnni~ inn ~o~ public 'c,~,irin~~:
on January 13, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Directu~_ Cor iha
Planning and Zoning Department, and Jacl< Cortabitarte, appeared and testified; and the City
Council having duly considered the evident-e and the record in this matter therefore mnhes tha
Follo~+~ing Findings of Fact and Conclusions of Law, and Decision ant Order:
FINDINGS OF FACT
There has been compliance with all notice and hearing requirements sel forth in
Idaho Code ~~~ 67-6>09 and 67-65] 1, and 1l4eridian City Code i ~ 1 l-1 ~-S and 11-16-1
2. The Cin Council tal<es~udicial nonce el its zoning, s~~bcli~:ieion quid de~eloi+nica!
FINDINGS OF PAC'1'.AN'D CONCLUSIONS Ol' LAbV
AND DEC1S[ON AND ORDER GRANTING .APPLICA"I'[ON
FOR ANNEXATION AND ZONING FOR CORTABITARTG
(AZ-03-U26)
PAGE 1 OF l8
ordinances codified at Titles 11 and 12, Meridian City Code, and all emreot zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2G0?,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact .Area Boundai}•.
The property which is die subject of the application far aruiexa;ion and
r.oning is described in the application; is appm.eimalely 5.11 acres in size and is located on tiro
south side of Fairviewr Road about halfway between LocusC Grove and Gulc Roads, Meridian,
Idaho, all within the Area of [mpacl o[the Cityof Meriditvr and the l~icridian Ur~xn Sc:; ice
Planning Area as defned in the Meridian Comprehensive Plan.
4. The owners ofrecord of the subject property are .tack and [sage Cortabitarte; ipcl:
Cortabitarte has provided notarized consent for the subject application. Applicant is lack
Cortabitarte, PO Box 8566, Boise, Idaho 33707.
5 The property is presently zoned R1 (Ada County) and consists of rural
residentiaVpasture land.
6. The Applicant requests the property be zoned as C-G (General Retail and Service
Commercial District) attd l-L (Light Industrial District).
7, The. subject property is bordered by city limits on its enstcrn boundary. ; oncd I-L.
8. The Applicant has requested the annexation and zoning o`an existing, ti.Q ~r-t lot
in Ada County to the City of Meridian; the additional 0.1 1 acres to ba s.nneaed is ri~~hl-of-~~. zy in
Fairview Road. The front 1.46 acres is proposed as a C-G zone. The rear 3.44 tic. es are
proposed as an I-L zone. It is the applicants intent to use the rear ([-L) portion of the property as
a parking loC expansion for Food Services of America, which is immediately east of tl~te proper~y.
F[ND1X'GS 01: FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING FtfPLICATION
FOR ANNEXATION AND ZONING FOR CORT~iB1TARTE
{AZ-03-026)
PAGLZ OP 1S
The Ront (C-G} portion will remain undeveloped until sewer is available [o the property. The
Meridian Comprehensive Plan Generalized Land Use Map designates d~a s~.ibjcct property ns
h'(ixed-Use Community.
There are significant existing trees that affect the cousiderafion of :his app[ictnion.
10. Giving due consideration to the comments received from the
govenunental subdivisions providing services in the City of Meridianplannin~%jurisdictioi:,
public facilities and services required by the proposed development will not impose expense
upun the public it the following conditions of development are imposed:
A .Adopt the Recommendations of (hc Meridian Plannin_ & Zoning Department, a=_
modified by the Plannine & Zoning Commission, as follows:
Prior [o the annexation ordinance approval, a Development Agreement (D:A) shall be ealtered info
between the City of Meridian and the property owner(s). The DA shall require tliai:
• AIIFutureuseswitlainthebotmdariesofthisatmexationcononlybeahprovedfhr~,xi~+Ptthe
Conditional Use Permit process.
• The existing residential use. may continue as a legal nonconlorm.in~:; ~,isc until such ~!n ~a ~~s
sat:itary sewer service is available to the property and at that time the residential use of
the building shall cease.
• The C-G area shall remain undevelopable until sanitary sewer sen ice is available to the
property.
• Auy existing domestic wells and(or septic systems within this project will bane to be.
removed from their domestic service, per City Ordinance Section ~-7-~ L 7, when. sen ices
are available from the City ofMeridian. Wells maybe used for nou-domestic-purposes
such as landscape irrigation.
• Any other conditions desired by the Council.
B. Adopt du Recommendations of the ACHD as part of the D:y, as follows:
Site Specific Conditions of Approval
Upon the receipt ofa development application in the future for this site the District iotenils i~
add conditions of approval that apply :o this site.
FINDINGS OF FACT AND CONCLUSIONS OF' LAW
AND DECISION AND ORDER GRANTING :APYL[CAT[ON
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-03-026)
PAGE 3 OF 18
2. Comply with all Standard Conditions of Approval.
Standard Conditions of An x1 oval
I. Any existing irrigation facilities shall be relocated outside of the rie~bt-of-wav-
~. All utility relocation costs associated with improving street Frontages abnrtirr; _ho sire shall
be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damseed durin_
the construction of the proposed development. Contact Construction Services at ,S7-G'?SO
(with (lle number) for details.
=t. Citility street cuts in pavement less than five years old era not allowed unless aphmverl in
writing by the District. Contact the District's Utility Coordinator ai ;~?-6255 ~v,~itl~t file
numbers) for details.
5. All design and construction shall be in accordance with the Ada Comity I-Iigh~~~ay District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifcally tivaivrd herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
6 The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design cban~~es.
7. Construction, use and property development shall be in conlonn;ance e~ith ail uP2licahle
requirements of the Ada County Highway District prior to District approval for occupanc~~,
3. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Hi ghway'DistrictlZoad hnpacl
Fee Ordinance.
9. It is the responsibility of the applicant to verify all existim_ utilities ~~-ithin tba right-of-wa~_
The applicant at no cost to ACHD shall repair existing utilities d.u~t.t red by the aphl~cant.
The applicant shall be required to call DIGLINE (1-800-342-1 ASS) at least hvo ful I husi ness
days prior [o breaking ground within ACHD right•of-way. The applicant shall ci~nrau
ACRD TrafSe Operations 387.6190 in [he event any ACHD conduits (spare or lilledj are
compromised during any phase of consuuction.
10. No change in the lenns and conditions of this approval shall be valid carless they arc in
writing and signed by the applicant or the applicant's authorized representative and au
authorized representative ofthe Ada County HighwayDistrict, The burden shall he upon the
F[~'DINGS OF FACT,4ND CONCLUSIONS OF LAW
AND DECISION AN''D ORDER GIL4NTNG AYYLICATION
FOR ANNE;•:ATION AND 7.ON[NG POR CORTAF31'fARTE
(AZ-03-026}
PAGE 4 OF 18
applicant to obtain written confimtation of any change from the Ada County Highway
District.
I ] Any chuige~ by the applicant in the planned use oFlhe property which is the sul,,jeet ol`lliis
application, shall require [he applicant to comply wilh ai! rules, regulations. ordinance,,
plans, or other regulatory and legal restrictions in force at die time tlu appliennr or its
successors iu interest advises the Highway DistricC of its intent to change the planned ^se o1
the subjecF property unless a waivedvariance of said requirements or other legal relieF is
granted pursuant to the law in effect at the time the change in use is sou_ht.
C. Adopt the Rccommeudations of the Meridian Fire Department as putt of the DA., as
follows:
The following will be the requirements and/or concerns to provide mininnim leccls oh lire
protection for the proposed project:
L Commercial and office occupancies will require afire-flow consistent with the hilern,rtioii;if
Fire Code to service the proposed project. Fire hydrants shall be ja,iaced an average o~f 400'
apart
2. Acceptance ofthe water supply for fire protection will he by the ibleridian Vl-'auer'Dcpariineru.
3. Final approval oBthe tire hydrant locations shall be by the. Nleridian:Fire Deparmenl thni the
Public Works Department.
4, All roads shall have a turning radius of 28' inside and 4S' outside.
~. Operatiaaal tirehydrantsand temporary or permanent streetsigns are required before combustible
construction begins.
6. The phasing plan may require that any roadway greater than ! )0' in Icneth that i n~,t
provided a iti~ an outlet shall be required to have a htm around.
i. "the [ire departrnent requests that any future signalization installed as the result of ~hc
development of /his project be equipped with Opticom Sensors to ensure a sate and ePticicni.
response by fire and emergency medical service vehicles. 'this cost of this instal /align is to he
borne by the developer
S. All access roads leading into and within the project shall have ~ clear drivine surface ~~r,ih r~
minimum width of 20' available at all times.
FII~'DPVGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION r\ND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-6?-626)
PAGE 5 OF ]8
D. Adopt the action of the City Council from their January 13, 2004 meeting as follo~rs:
For clarification:
1. Pertaining to the Staff report dated November 25, 2003; and sped tiailh~ under SPFCLa f.
CONSIDERATIONS item number 3 Split Zoning, the memo received from Brad Watson
is hereby acknowledged as being placed into public record, and that sand memo addresses
the lo[ line adjustment for this application as follows: "I have not yet approved the
submitted Lot Line Adjustment/Record of Survey (LLAlROS), buC it is simply a matter of
minor corrections to the ROS in order to approve it. In summary, I ~n i Il approve and si~~n
the LL.A,'ROS with minor revisions once annexation of the subject property is cornlalete_"
2 The old farm house, which is on the host part of the property, shall presently remain as ~~i
nonconforming use but i[ will be required m conform to Zonin~~ Ordin~~ince when Ihe.
property is sold in [he future. The house presently can remain on the ~n~all and septic anti I
evater and sewer service becomes available to the property.
1 1. It is found that the 2002 Comprehensive Plan Future Land LI'se~ Ivfap designates the
subject property as Mixed-Use Community. The purpose oflhisrlesi~rationistoidentifyl:eyareas
[of the Ci[y] which are either iafil! in natureor situated in highly visible or transitionine, area, ofthe
City where innovative and flexible design opportunities are encouraged. The intent of this
designation is to offer the developer a greater degee ofdesign and use flexibility. (See Chapter ~, II,
pg. 97.) The requested GG zoning generally conforms to this stated purpose and intent of tba?v1'U-
Comnnmit)~ desimrrtian. Industrial zoning does not directly fit into the list or uses for the. M[J-
Community designation, but seems [o make sense given the contest of the property ane lire Iticr that
the proposed use is an extension of an existing adjacent use. The deere~e of desi_n and use Fle~ibi li~~
built into the _v1U-Commm~ity designation will allow for the proposed zoning in the coo,rext of
surrounding uses. It is also found that the Following 2602 Comprehensive Plan teat policies Co be
applicable to this apphcatiou:
Mixed Use Area Camp Plan Policies f from Chapter V1I1
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR COR'FABITARTE
(AZ-07-[IXi)
PAGE 6 OF IS
• "All development within this designation will occur only under [be Conditional LJse
Permit process...."
The subject properly falls vvitlun the NIU-Conrnzcrrri(r cle.rignatian and i~rili regr-titer a
CL'P for any developrneru on the properly. The npplr~canl bees shtieil a ~~vi7liri,>rr~ s
ro have all failure developn~rent proceed through ahe CL~`P process.
• `Where mixed use developments are phased, a conce]>llial sire plan I~ar'he ~nfir~
mixed use area is encouraged with the development appliculion or. depending rn
the scope of the development, prior to a formal development app,licaCion being
submitted.";
No development upplicntion ryas submitted with the cum~rration~, btrt it is rortiripacr~rl
7hcudevelopnaentrovilloecurinaphasedmamrer. Spec+cfcalh„~,thesouuhern~orrinca
of The existing lot will be developed first as cur extension of the F'oud Ser,~irc~s o/
Ar~tericrc parking and loading area. The nortlaerrr pw~tion will he a sepcn~are/idur c
commercial use. While it is wursual to recommend approval t-~+ilhnaet a site plcnr, it
is acceptable in this cease since all future developments-mill reyaiirC separaae rei+u~-v
~,~ith public hearings under the CUP process.
• "Permit new eurnntercial development only where urban services car: he
reasonably provided of the time offinal approval and development is contiguous to
the City.: (Chapter IV, Goal [, Obj. A, t#6)
Sewer service is r:ot currently available to dee subject yropern . Hr~~~ever, siucc
expansion ojthe existing parking lot/laadircg area for Froel Services of . I nie~ric<r does
not require sewer sen~ice, it is recanmeraded appro~ra! ~l'(he <urnc~c;rdnn rcy~resr ;- ~
allow for the Food 5'ervices CUP application. Since the j'ranc Lr Jbr a frctur<r
cornn~iercial use, it is recwnmerrded that a Devalopnreul. Lgrecrrer+r stuzing rhrd t/n C-
Cr portia: o~the lot will remain unbuilable until urban sen~ices~ rrre pr~ovkecl ro tbr~
lot. The proposed annexntiorr is coratiguoaes to the CityLirrrirs ucacl is part of a Larger
enclave ojCaunty properly .rrcrro:.rnded by City propertp.
12. it is not anticipated that the land to be annexed will be rezoned. in the. firtare; nor hers
the applicant indicated a desire to rezone this properly again in the furore. The Comprehensive Plan
does demonstrate an intention to have it annexed and zoned as a different frutn die present zoning
designation (RI-Ada County).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
.AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABIT.ARTE
(.aZ-03-02G)
1'AGI: 7 OF 18
13. It is found that the property will be developed in amanner allowed under the proposed
inning. The property is an existing rural residential use that is transitioning to commercial and
industrial uses. Conditional use permits will be required for any developmeirt proposed on the
properly.
14. The general vicinity of this project is in transition from rural residential uses ro
comrnercialiurban hype development. Property to the east is in Treasure Vallev Business Cente : ro
the northeast is Louie's Restaurant and Nlallane Subdivision, [o the northwest is the A'orco
development; to the west are several transitional county properties, Ehn'free Plaza, Econo-Lithe
Subdivision, and others. It is found that a rezone of the proposes' property would he compatible
with other land use and facility changes in the area.
l5. No specific uses are proposed with this application. except aplanned expansion of the
Food Services parking lot. It is found that any future uses, if designed, constructod and operutad in
accordance with adopted city ordinances and iuhtre CUP applioations, should be harmonious and
appropriate in appearance with the existing character of the viciniq~.
16. It is found that the intended uses on the subject property should not be haz:ndoue nr
disturbing to existing or future neighboring uses ifall development and landscape bail=e~r ordinances
are exercised.
17. It is found that sanitary sewer service to the project is not currently available, ACl ID
staff approved the proposed application on November 4, 200'?. Thu Meridian. Fice Depar:rm=.nt
submitted conditions regarding their ability to adequately service this project, and which conditions
are listed in number l0. above.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
4ND DECISION AND pRDER GRANTING 4PPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(A7_-03-02C j
PAGE 8 OF L 8
18. IPapproved, [lte developer will finance the future extension ofscGCer, water, utilities
and in~igatio^ ser~~ices to serve the project. The primarypuhlic costs swill he lire and pollee service,.
It is found there will not be excessive additional requirements at public cost uud that the anne~,atipr~
and zoning alone will not be detrimental to the community's economic welfare.
19. It is found that the proposed use will create addinonul traffic on adjuccnt arlcri'al
roads. The ACRD report estimates that the proposed development will generate 714 additiont~l
vehicle trips per day (10 existing). Shifting the parking and loading auea of Food Sen~iccs of
.America west may generate additional noise for surrounding properties. However, since the.
operation is existing, the additional noise should not be excessive. It is not anticipated that the
proposed use wi II create smoke, Fumes, Aare, or odors. To con'gtly 4vith this minding a CUP sha!I be
required for future uses in accordance with the Comprehensive Plan requirnlent.
20. 11 is found that any future uses will impact the level amel Iloee of lra(fc nn the
surrounding streets. Specific traffic counts will be determined al the time of develupntent
application; as noted above they could be up to 7l4 additional hips per day. However. given th,c.
intention to use the majority ofthe property as an expanded parking and lo.~.din« arcs for eLn existing
business, the actual number will likely be lower. Standards for future dri•,~an~ay oflsets ara provided
in ACHD's report. It is also found that the proposed use will not create significant interference ~wi(h
u attic oft the surrounding public streets. Refer to ACRD comments for additional detail on this
:SSLIc
2l. Tt is found that the proposed annexation will not result in the desh'uction, loss nr
damage of nattlral features. There are several mature trees chat should be protected around i;r
FINDfNGS OF FACT AND CONCLUSIONS OF LALV
4Nll DEC[STON AND ORDER GIL4N"fING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-03-026)
YAGG 9 OF 18
existine residence. However, the area intended for parking expa~ision appears to be void oC
significant existing Crees.
2?. It is found that the annexation of this property would be u~ the best interest of the
Cily Cor the following reasons:
• increased commercial land base available to future developers;
• increased propertyta.e revenue;
• facilitates expansion of an existine industry; and
• the application substantially complies with the C'o,n'lprehens'r~~e Pl~n.
Additionally, i[ is noted that a public multi-use pathway is depicted un the suhjeci
property on the Comprehensive Plan. The applicant should coordinate the pathway location and
design with the Meridian Parks Department prior to submitting future development applications
on die property.
?3. 1[ is found that if the developer pays for the requested improvements and contplie
with the conditions set forth iu these Findings of Fact No. 10, and all sub-parts, the economic
evelfare of the City and its residents and tax and rate payers will be protected, a condition of
annexation and zoning dosignation.
mod. his also found [hat the development considerations as referenced in Pu:dim~ iVo.
10 are reasonable to require and must be taken into account, in order to ,,assure the proposed
development is designed, constructed, operated and maintained in a manner v: hich is harmonious;
and appropriate in appeazance with the existing, or intended character of the eenera! vicinity, in
order to assure that the proposed use will not change the essentialcharaeter of the affected
vicinity and will insure that the proposed uses will not be hazardous or disnubing fo the existine,
or ftrture neighboring uses, particularly considering the impact of proposed development on
FINDINGS OP PACT AND CONCLGSIONS OF LAW
AND DECISION AND ORDER GRAN"PING APPLICATION
FOR ANNENA PION AND ZONING FOR CORTABITARTE
(AZ-03-026)
PAGE- 10 OF 18
potential to produce excessive traffic, noise, smoke, fumes, glare and odor.
CONCLUSIONS OF LAb\'
The City of Meridian has authority to annex tea! property upon ~Griucu request fiir
annexation and the real property being contiguous or adjacent to city boundaries and that said
propeny lies within the area of city impact as provided by Idaho Code Section ~0-222. The
Meridian City Code § 1 I-16 provides the City may annex real property that is within the
Meridian Crban Service Planning P,rea as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and policias, and
of actual conditions existing within the City and State.
3. the City of Vlendian has exercised its authonly and respnnsib~liiv'as prnviri'rl by
"L.ocal Land Use Planning Act of 1975"; codified at Chapter tip, Title C ~; klahn Code. by the
adoption of the Amended Comprehensive Plan City of Meridian adopted Au;ust C, 2003,
Resolution No. 02-382.
The following are found to be pertinent provision, of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Mired Use Area Comp Plan Policies, Chapter VII and Chapter IV, Goat 1, Obj. A, ,k'~.
Thz zoning of (C-G} General Retail and Service Commercial and (I-L) Light
Industrial are deSned in the Zoning Ordinance at § I 1-7-2 K and N as follows:
IC-C) General Retail and Service Commercial DisrricC: The parposa ofrhe C-G District
is to provide for commercial uses which are customarilyopcreled e-ntirely or alrnosr enrirlt~
within a building; Co provide fur a review of [he impact orproposcd commercial uses vrhich
are auto and service oriented and are located in close piasimit}~ to intijor highw;iy ix arlericl
streets; to fulfill the need oftravel-related services as well us retai I sales rot the transient and
permanent motoring public. All such districts shall be connected to tbr. ix;lunicipal water auci
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTi:VG APPLICATION
FOR ANNEXATION AND ZONING FOR COR'CABI"CAR"CE
(AZ-03-02G)
PAGE 1 ] OF l8
sewer systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
.AND
(1-L) Likhl ]ndush'ial District The purpose of the 1-L Li~h~ 'lndusfriel Disl'ric-t is Cn
provide for light industrial development and opportunities for emplovtnent of _~9crirlian
ci[izens and area residents and reduce the need to co,inmute to nei~ltboring aiiies, u.
encourage the development of ntan~.i facturing and wholesale estsb I islunents wl rich are clean.
quiet and tree of hazardous or objectionable elements, such as noise; odor, dust. sn~olce or
glare acid that are operated entirely or almost entirely within enc-Dosed struewres~, to dclincatc
areas best suited for industrial development because of location. topo~rlphv, c<istiii_
facilities and relationship to other land uses. This District must also he in such pro~irni'.v to
ensure connectiontotheMwlicipalwaterandsewersystemsoftheCily. Usesincompa~il~,l~°.
with light industry are not permitted, and strip development is prohibited,
6. Since the annexation and zoning of land is a legislative fuuctiou, the Cir,~ has
authority to place conditions upon the annexation of land. See Burt vs. The City ofIdaho Falls, 105
Idaho 6~, 6G5 Pad 1071 (1983).
Z The development of the annexed land, if annexed, shall meet and compl;,~ wit;. the.
Ordinances of the Cip~ of Meridian including, but not limited to: Section 12=?-4 ~~~hich pansies to
development time schedules and requircmcnls; Section 12-4-13, which pertains to [he pip;n_~ :~I
ditches; and Section 12-5-2 N, which pertains to pressurized u~rie.ution sysicni. and Znniir_~ and
Subdivision and Development Ordinance of the Ci[y of Pvleridian.
S. Pursuant to Section l 1-16-4.A oftheZoning and Development Ordinance the ov.'ner
and/or developer shall enter into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NO~V,1'IiEREFORE, BASED UPON THE ASOV'E AND F012EGO1NG FINDINCB
O F FACT ANll CONCLUSIONS OF LAW', the City Council does i~ereby Order and this does
FINDINGS OF FA(."I' AND CONCLUSIO\S OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXAT'ION' AND ZONING 1=0R COR`I'.A13ITAR"fEi
(AZ-03-02G)
PAGE: t2 OF I$
Order:
The applicant's request for annexation and zoning ofapproximarely 5. ] t acres to (;-
V (General Retail and Service Convnercialj and I-L {Light Industrial) is granted subject to die terms
and conditions of this Order hereinafter stated.
Tfie application is for annexation and zoning of x.11 acres. The legal description
sha I1 be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform
to alt the provisions of the Cify of Meridian Resolution No. I)8. Tl~~e le~~al description for
annexation must place [his parcel contikuous to the Corporate City Limits I~~er Ordinance Nn 68G.
3. Developer shall be required to meet the condiGoi~s set forth anil m the even? the
conditions herein are not met by the Developer that the property shall be suhjei:f Io dc-anne~ntion-
with the City of Meridian, which provides fox Che following conditions ofdevelopment, to-~w~l
A. Adopt the Recommendations of the Meridian Planning &Zonin; Department, as
modified by the Planning & "Coning Commission, as follows:
Prior to the atutexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian and the property owner(s). The DA shall require that:
• .AII future uses within the boundaries of this atutexation can only be approved tluough fbe
Conditional Use Permit process.
• The existing residential ase may continue as a legal nonconforming t~se until such time as
sanitary sewer service is available to the property and at that time. Cheresidential use of
the building shall cease.
• Tite C-G area shall remain undevelopabfe until sanitary see+~erservice is available to the
property.
• Airy existing domestic wells andior septic systems within this projactwill have t'u be.
removed fmm their domestic service, per City Ordinance Section i-i-S 17, ~~.hon scn ioas
are. available from the City of Meridian. Wells may be used for nnn-dmnesiic pu~fms:s
such as landscape irrigation.
• Any other conditions desired by the Council.
B. Adopt the Recommendations of the ACHD as part of the D:~, as follows:
FINDINGS OF FACE AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(A"L-03-026)
PAGE 13 OF 18
Site Specific Conditions ofAoproval
1. UponthereceiptotadevelopmenlapplicaCioninthefuture,fortlssitetheDislrictiniends'to
acJd conditions of approval drat apply to this site.
?. Comply with all Standard Conditions of Approval.
Standard Conditions ofAoproval
1. Any existing irrigation facilities shall be relocated outside of the tight-of--way.
2. All utility relocation costs associated with improving street frontages abuttin; the sire shall
be borne by the developer.
3. Replace any existing damaged curb, gutterandsidewalkandanythatmaybedantageddwing_
the construction of the proposed development. Contact Construction Services at i87-6280
('with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District Contact the District's Utility Coordinator at 387-628 (with file
nwnbcrs) I'or details.
5. All de;inn and construction shall be in accordance ~~ith the Ada (~otinh~ Hiah~~:n_v visu~ict
PoliCy~ Manual, 1SPWC. Standards and approved supplen.enrs, Gorstructi~~n Services
procedures and aft applicable ACRD Ordinances unlessspecificallr~ ~~~aived herein. ,~n
engineer registered in the State of Idaho shall prepare and certify all improvement puns.
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design cham~~es.
7, Construction, use and property development shall be in conforn~tance ~a~ith all aiaplieable
requirements of the Ada County Highway District prior to District approval For occupancy.
8. Payment of applicable road impact fees are required prior [o building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road Impact
Fee Ordinance.
9. Il is the responsibility of the applicant to verify al] existing utilities within the right-of--way.
The applicant at no cos[ to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-8t)0-.42-15S~j at least hvo full businass
days ~,~rior to breaking ground within ACHD right-oY-way. Tho ~app'~ic:utt sl,~all conhct
FINDINGS OF FACT AND CONCLCSIONS OF LA14'
AND DECISION AND ORDER GRANTING APPLICAI'lON
FOR ANNEXATION AND ZONING FOR COR1'AB[TARTE
(AZ-03-026)
PAGE 14 OF ]8
ACHD Traffic Operations 387-6]90 in the event any ACHD conduits (spare or Illlc-dl arc
compromised during any phase of construction.
I0. No change in the terms and conditions of this approval shall be valid unless then are i^
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative ofthe Ada County Highway District. The burden shall be upon the
applicaru to obtain written confirmation of any change from the Ada Comity HiJ»vay
District.
I I .Any change by the applicant in the planned use of the pmpe,rtywhiah is the subject of Ihis
appl[cation, shall reyuire the applicant to comply with all rules, r:~,ulutions, ordir[ancas,
plans, or other regulatory and legal restrictions in force at rhe~ time the applicant or ifs
successors in interest advises the Highway District of i{s intent to chan_;e the plnimed use a!°
the subject property unless a waiver.rvariance of said requirements or odrer legal relief is
ranted pursuant to the taw in effect at the time the chsn,~o in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as part of rht. DA, as
follows:
-1'he following will be the requirements atidlor concerns to provide minimum levels o,F lire
protection for the proposed project:
L Conuneccial and office occupancies will require afire-flow consistent with the International
Fire Code to service the proposed project. Fire hydrants shall he placed an average of 4l1(i'
apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water Dapm°unenf,
3. Final approval of the fire hydrant locations shall be by the Meridian 1 ire Departnicet Ihru Use
Public \h'arks Departmen(.
4. All road; shall have a turning radius of 2S' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent suaet signs are req ui: ail b.lore l nm`. ~u:a i b!r
construction begins.
6. The phasing plan may require that any roadway greater than 15U° in length that is ~ioi
provided with an outlet shall be required to have a rum around.
The fire department requests that uty future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR .ANNEXATION AND ZONING FOR COR'I'AFiITARTE
(AZ-03-02fi)
PAGI? 15 OF 13
response by fire and emergency medical service vehicles. This cost of this installation is m be
borne by the developer
S. Al] access toads leading into attd within the projeotshall have a cJeardrivingsurfacewirh ,i
minimum width of 20' available at all times.
D, Adopt the action of the City Council from Iheir.lanuary 13, 2pQ4 meeting es follows.
For clarification:
Pertaining to the Staff report dated November 25, 2003, and specillcally under SPECIAL
CONSIDERATIONS item number 3 Split Zoning, theme~mo received from Brad b~ats~on
is hereby acknowledged as being placed into public record, and chat said memo addresses
the lot line adjustment for this application as follows: "I have not yet approved the
submitted Lot Line Adjustment/Record of Survey (LL.4iROS), but it is simply a matter o~
minor corrections [o the ROS in order to approve it. In summary; I will approve and sign
the LLA'ROS with minor revisions once annexation of die subject property is completes"
2. The old fans house, which is on the front part of the property, shall presently remai^ as a
nonconforming use buI it will be required to confornr to Zoning Ordinance when the
property is sold in the fuhu'e. "C'he house presently can remain on the well and se.p[ic anti
water and sewer service becomes available to the property.
4. TheCilyAt[orneyshallprepareforconsiderationbytheCityCo'w~ciltheappropriaile
ordinance for the annexation and zoning designation of the real property which is the subjec-i oFrhe
application to (R-8) Medium Density Residential District, and M,eriditui Cily Code ~ 1 I- l-3.
Subsequent [o the passage ofthe Ordinance provided for in section 4 ofthis Order the.
engineering staffofthe Public Works Department shall prepare the appropriate mapping changes o!
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 L.4~~'
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-03-026)
PAGE 16 OF 18
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
'The Applicant is hereby notified that pursuant to Idaho Code 1i7-8003, the Owner may
request a rzeulatory taking artalysis. Such request must be in writing, and must be filed with the
City Clerk nol more than twenty-eight (28) days after the final decision concerning the matter at
issuz. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the govzrning body of the City oi`I~I~ridian,
pursuant to Idaho Code § 67-6521. ~i affected person being a person who has an intzrzsi in rzal
property which maybe adversely affected by this decision may, within twenty-eight (28) days after
the date of this decision and order, seek ajudicial review as provided by Chapter 5?, Title (i%, Ideino
Code.
By action of [he City Council at its regular meeting held on the
~~~~- _ X004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
COUNCILMAN BILL NARY"
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
FINDINGS OF FACC AND CONCLUSIONS OF LA~~'
AND DECISION .4ND ORDER GRANTI'i 1G APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-U3-0?6)
PAGE 17 OF 18
Z'7~ day of
VOTF,D~
voTLn_~~-
V"OTED _ l/-e~--
VOTED~~
MAYOR TAMMY de WEERD (TIE BREAKER) VOTLD ~__'_
DATED: ~ Z7-D¢-
MOTION
APPROVED: DISAPPROVED:
~~~ V~ ^'~P~92
`~ T
A r ~ FQ
1~%eercl
' /~ = SEAL
William G. Berg, .I r., City C erk ~ ~~~ ~~~
'~, O r tst ~ ~ :~
Copy served upon Applicant, thePlanning'a}}~~i e}~fitia'nr,Prlblic'~Vti~~„l~y~arhnentand
the City Attorney. ~~~""~,:,,un,,,r,`"~~ ~ .``~xy ~ Rip ~''',
. ,~
.~ nn,,
V" GpFiP(Tr~,9 9'L
.` ,
,( ~f ~ ~ ~2 `O ?
By: e%i~---~`/y~'S'~ X-t~utecl: ~'a~-~~ ~- =.
- -=-- SI+;AL -
Citv Clerk =
y ~M _;
Z'.114Wrk''~fv1`.McridianN9eridian IJ]GUNP.Curlabilarle Annex AZ~O]-0'.6\AZFIC I&Onicr doi ' ~9 ~GdT 15~ ' `~O ~`
FINDINGS OF FACT AND CONCLUSIONS OF LAbU
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTAB[TARTE
(AZ-07-026)
PAGE 18 OF 18