Kissler Dealy AZ 03-022
PARTIES:
i ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 07/23104 02:59 PM
DEPUTY Vitki Allen
RECORDED-REQUEST OF
Meridian Citv
AMOUNT .00
41
1111111111111111111111111111111111111
104093292
~.__..
DEVELOPMENT AGREEMENT
I.
2.
City of Meridian
James A. Kissler, LLC, an Idaho limited liability company, Owner
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into
this 17~ day of J ~ , 2004, by and between CITY OF MERIDIAN, a
municipal corporation of the State of Idaho, hereafter called "CITY', and JAMES A.
KISSLER, LLC, an Idaho limited liability company, whose address is 1125 W. Amity
Road, Boise, Idaho 83705-5494, and hereinafter called "OWNER".
I.
RECITALS:
1.2
I.3
1.4
1.5
I.I
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
WHEREAS, I.C. § 67-65 I lA, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition ofre-zoning
that the "Owner" make a written commitment concerning the use
or development of the subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and I 1-16A A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
WHEREAS, "Owner" has submitted an application for annexation
and zoning of the "Property's" described in Exhibit A, and has
requested a designation of (C-G) General Retail and Service
Commercial District, (Municipal Code of the City of Meridian);
and
WHEREAS, "Owner" 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
DEVELOPMENT AGREEMENT (AZ-O3-022)
PAGE 1 OF 19
1.6
I.7
1.8
1.9
1.9
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
WHEREAS, City Council, the 2S'~ day of ~, 2004, has
approved certain Findings of Fact and ConclusiontofLaw and
Decision and Order, set forth in Exhibit B, which are attached
hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as (the "Findings"); and
WHEREAS, the Findings require the "Owner" to enter into a
development agreement before the City Council takes final action
on annexation and zoning designation; and
"OWNER" deem it to be in its best interest to be able to enter into
this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and requests; and
WHEREAS, "City" requires the "Owner" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is
in accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence
received by the "City" in the proceedings for annexation and
zoning designation from government subdivisions providing
services within.the planning jurisdiction and from affected property
owners and to ensure annexation and zoning designation is in
,>ccordance 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 I I and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
DEVELOPMENT AGREEMENT (AZ-03-022)
PAGE 2 OF 19
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 hen.1ll contained in tlus section shall be defined and interpreted as
herein provided for, unless the clear context of the presentation of the same requires
otherwise:
3.1
3.2
3.3
4.
"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, orgaJuzed and existing by virtue
oflaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
"OWNER": means aJ1d refers to JAMES A. KISSLER, LLC, an
Idaho limited liability company, whose address is 1125 W. Amity
Road, Boise, Idaho 83705-5494, the party owning said "Property"
being developed and shall include any subsequent
owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned CoG attached hereto and by this reference incorporated
herein as if set forth at length.
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) which are herein specified as follows:
Annexation and Zoning of 5 acres to C-G, with the Concept Plan
dated December 22, 2003 showing Commercial uses,
Commercial/Office uses, High Density Commercial uses, Multi-
family residential uses, Residential uses, and Transitional uses,
and all uses shall be required to go through the Conditional Use
Permit process for approval.
DEVELOPMENT AGREL\1ENT (AZ-O3-022)
PAGE 3 OF 19
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
"City" an application for conditional use permit, and shall be required to obtain the
"City's" approval thereof, in accordance to the City's Zoning & Development Ordinance
criteria, therein, provided, prior to, and as a condition of, the commencement of
construction of any buildings or improvements on the "Property" that require a
conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A
"Developer" shall develop the "Property" in accordance with the
following special conditions:
A.
Adopt the Special Recommendations of the Planning and Zoning
Commission as follows:
I. The Applicant shall coordinate with the Intermountain Gas Company
to include the outparcel owned by that company (Ada County Parcel
No. S I 104223200) in the legal description for the KisslerlDealy
annexation application.
B. Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
ANNEXATION AND ZONING SITE SPECIFIC CONDITIONS
I. The legal description, stamped approved by Public Works on September 23, 2003,
meets the requirements of the City of Meridian and State Tax Commission and places
the parcel contiguous to existing city limits.
2. Essential City services will be made available to the subject property.
3. All future uses within the boundaries of this annexation shall only be approved
through the Conditional Use Permit process.
DEVELOPMENT AGREEMENT (AZ-O3-022)
PAGE 4 OF 19
The following are the Comprehensive Plan policies (from Chapter VI and VII) as
applicable to all future development within the boundaries of this annexation:
Transportation Policies Applicable to the Kissler-Dealy Annexation:
. "Large development proposals that are likely to generate significant traffic
should be assessed for their impact on the transportation system and surrounding
land uses. They should be examined for ways to encourage all forms of
transportation such as transit, walking, and cycling.
. New development should not rely on cul-de-sacs since they provide poor
fue access, walkability, and neighborhood social life. New development and
streets should be designed to encourage walking and bicycling.
. In addition to providing for enhanced automobile traffic, Meridian should
seek ways to encourage alternative modes of transport. Improvement in and
encouraged use of public transit systems is an important first step. Public transit
includes bus systems and ridesharing. By fostering such means of high vehicle
occupancies, congestion on roadways can be decreased.
. Pathways that encourage use by bicyclists and pedestrians can decrease
road congestion and add to the community's quality oflife. The proposed off-
street and multiple-use pathway systems are depicted in Figures VI-3 and VI-4.
New and existing developments should ensure that the guidelines laid out in this
plan are adopted.
Mixed Use Development Policies Applicable to the Kissler-Dealy Annexation:
. "Where feasible, multi-family residential uses will be encouraged,
especially for projects with the potential to serve as employment destination
centers and when the project is adjacent to State Highways 20-26, 55 or 69;
Where mixed use developments are phased, a conceptual site plan for the
entire mixed use area is encouraged with the development application or,
depending on the scope of the development, prior to a formal development
application being submitted;
DEVELOPMENT AGREEMENT (AZ-03-022)
PAGE 5 OF 19
. In developments where multiple commercial and/or office buildings are
proposed (not residential), the buildings should be arranged to create some form
of common, usable area, such as a plaza or green space;
. Where the project is developed adjacent to low or medium density
residential uses, a transitional use is encouraged."
4.
Any existing domestic wells and/or septic systems within this project will
have to be removed nom 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.
C.
Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
I.
The applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement
whereby the applicant is reimbursed from impact fees to be collected
solely from the applicant's specific development project) 48-feet of right-
of-way from centerline along Ustick Road, and construct a minimum 5-
foot wide concrete sidewalk along U stick Road, located a minimum of 4 1-
feet nom the centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-
foot wide concrete sidewalk along Ustick Road, located a minimum of 4 1-
feet from the centerline of the right-of-way, in an easement provided to the
District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot
wide concrete sidewalk along Ustick Road, located at the back edge ofthe
existing right-of-way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
2. Construct any local roadways that are proposed to intersect Ustick Road to
align or offset a minimum of 300-feet from any other public roadway (measured
centerline to centerline).
DEVELOPMENT AGREEMENT (AZ-O3-022)
PAGE 6 OF 19
3. Construct any driveways that are proposed to intersect Ustick Road to
align or offset a minimum of 230-feet from any existing or proposed driveway or
street.
4. Once the access points have been approved by the District, they are to be
identified as such on the construction drawings. The remaining frontage along
arterial and collector streets shall be identified as having no access.
5. Comply with requirements ofITD for Eagle Road frontage. Submit a
letter from ITD regarding the said requirements prior to District approval of the
final plat or issuance of a building permit (or other required permits), whichever
occurs first. Contact The Idaho Transportation Department's District III Traffic
Engineer Dan Coonce at 334-8300.
6.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
I.
way.
Any existing irrigation facilities shall be relocated outside of the right-of-
2. All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may
be damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact the District's Utility
Coordinator at 387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
DEVELOPMENT AGREEMENT (AZ-O3-022)
PAGE 7 OF 19
6. The applicant shall submit revised plans for staff approval, prior to
issuance of building permit (or other required permits), which incorporates any
required design changes.
7. Construction, use and property development shall be in conformance with
all applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #197, also known as Ada County
Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within
the right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (I-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid
unless they are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
I I. Any change by the applicant in the planned use of the property which is
the subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
D.
Adopt the Recommendations of the Meridian Fire Department as follows:
I. That a tire-flow consistent with Appendix D of the International Fire Code be
provided to service the entire project. Fire hydrants shall be placed an average of 400'
apart.
DEVELOPMENT AGREEMENT (AZ-O3-022)
PAGE 8 OF 19
2. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
3. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
5. All internal & external access roads shall have a radius of28' inside and 48' outside
radius.
6. That all internal and external access roads shall have a 20' wide fire lane available
at all times. IFC
7. Roads which are greater than 150' in length will be required to be provided with
an approved turn-around.
8. All building uses and storage practices shall comply with the International
Building & Fire Codes.
E. Adopt the action of the City Council taken at their February 24, 2004 meeting as
follows:
1.
All uses must be approved through the Conditional Use Permit process as
shown on the Concept Plan, dated: DEe. 22 2003, NO. 1529, as presented at
the February 24, 2004 City Council meeting, and which Concept Plan is
hereby approved.
7. COMPLIANCE PERIOD! CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "Owner" or "Owner's" heirs, successors, assigns, to
comply with Section 6 entitled "Conditions Governing Development" of subject
"Property" of this agreement within two years of the date this Agreement is effective, and
after the "City" has complied with the notice and hearing procedures as outlined in LC. §
67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
DEVELOPMENT AGREEMENT (AZ-O3-022)
PAGE 9 OF ]9
"Owner" consent upon default to the de-annexation and/or a reversal of
the zoning designation of the "Property" subject to and conditioned upon the following
conditions precedent to-wit:
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 ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1
10.2
In the event "Owner" or "Owner's" heirs, successors, assigns, or
subsequent owners of the "Property" or any other person acquiring
an interest in the "Property", fail to faithfully comply with all of
the terms and conditions included in this Agreement in connection
with the "Property", this Agreement may be modified or terminated
by the "City" upon compliance with the requirements of the Zoning
Ordinance.
A waiver by "City" of any default by "Owner" of anyone or more
of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such
or other covenants and conditions.
I I. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading
of the Meridian Zoning Ordinance in connection with the annexation and 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.
DEVELOPMENT AGREEMENT (AZ-O3-022)
PAGE 10 OF 19
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owner", or by any successor or successors in
title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate
action at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
13.1
13.2
In the event of a material breach of tins Agreement, the parties
agree that "City" and "Owner" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the
non-breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which
cannot with diligence be cured within such thirty (30) day period, if
the defaulting party shall commence to cure the same within such
thirty (30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time allowed to cure
such failure may be extended for such period as may be necessary
to complete the curing of the same with diligence and continuity.
In the event the performance of any covenant to be performed
hereunder by either "Owner" or "City" is delayed for causes which
are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such
delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure that installation of the
improvements, which tÌ1e "Owner" agrees to provide, ifrequired by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner" has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates
DEVELOPMENT AGREEMENT (AZ-O3-022)
PAGE 11 OF 19
of Occupancy shall be issued in any phase in which the improvements have not been
installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide
by all ordinances ofthe 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/orrequired by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, lD 83642
OWNER:
James A. Kissler, LLC, an Idaho limited
liability company
Il2S W. Amity
Boise, Idaho 83705-5494
with copy to:
City of Meridian
City Clerk
33 E. Idaho Ave.
Meridian,lD 83642
17.1
A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable attorney's
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
DEVELOPMENT AGREEMENT (AZ-03-022)
PAGE 12 OF 19
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the parties' respective heirs, successors, assigns and
personal representatives, including "City's" corporate authorities and their successors in
office. This Agreement shall be binding on the "Owner" ofthe "Property", each
subsequent owner and my other person acquiring an interest in the "Property". Nothing
herein shall in any way prevent sale or alienation of the "Property", or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the conditions and
restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute
appropriate and recordable evidence ofterminatiol1 of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Owner" has fully performed its
obligations under this Agreement.
2 I. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner" and "City"
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between "Owner" and "City",
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, ~hange or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest
or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or
resolution of "City".
22.1
No condition governing the uses and/or conditions governing development
of the subject "Property" herein provided for can be modified or amended
without the approval of the City Council after the "City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time of the proposed
amendment.
DEVELOPMENT AGREEMENT (AZ-O3-022)
PAGE 13 OF 19
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-O3-022)
PAGE 140F 19
ACKNOWLEDGMENTS
IN WI1NESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNER:
BY'~~ fi1 ~AL/
J es A. Kissler
Attest:
cu-
CITY OF MERIDIAN
Attest:
7-/3-P+
DEVELOPMENT AGREEMENT (AZ-O3-022)
PAGE 15 OF 19
STATE OF IDAHO)
:ss
COUNTY OF ADA )
On this lì t!-- day of r ' in the year
2004, before me, a Notary Public, persona appeared James A. Kissler and
N / A . known or identified to me to be the
~ and N I A of JAMES A.
KISSLER, an Idaho limited liability company, and the persons who executed the instrument
and acknowledged to me that they having executed the same on behalf of said limited
liability corporation.
~.~~
Notar Public for Idaho
Residin t: ~Yv.. ~
Commission expir~s:' q hi 0 5
STATE OF IDAHO)
:ss
County of Ada )
On this 13}k. day of J~ ,intheyear2004,
before me, a Notary Public, personally appeared T y de Weerd and WIlham 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 acknowl~IiIJ to me that such City executed the same.
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DEVELOPMENT AGREEMENT (AZ-O3-022)
PAGE 16 OF 19
EXHIBIT A
LEGAL DESCRIPTION
A Parcel of land being a portion of the East Half of Government Lot 4 lying in the
Northwest Quarter of the Northwest Quarter of Section 4, Township 3 North, Range I
East of the Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of said Section 4 (also the Northwest corner of said
Government Lot 4), Township 3 North, Range I East of the Boise Meridian; thence North
89°49'08" East (formerly North 89°35'22' East) along the Northerly line of said Section
4 a distance of 664.84 feet (formerly 664.75 feet) to the TRUE POINT OF BEGINNING;
thence continuing North 89°49'08" East (formerly North 89°35'22" East) along the
Northerly line of said Section 4 a distance of 166.19 feet; thence leaving said Northerly
line, South 00°13'40" West (formerly South 00°00'06" East) a distance of293.00 feet;
thence North 89°18'56" West (formerly South 89°32'42" West) a distance of 168.07
(formerly 166.19 feet); thence North 00°35'55" East (formerly North 00°05'05" West) a
distance of290.48 feet (formerly 293.00 feet) to the POINT OF BEGINNING. .
The above description was prepared from information contained in Deed of records of
Ada County, Idaho. Not the result of an actual survey made on the ground.
The above described pärcel contains I. I 19 acres, more or less.
AND
A Parcel of land being a portion of the East Half of Government Lot 4 lying in the
Northwest Quarter of the Northwest Quarter of Section 4, Township 3 North, Range I
East of the Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the Northwest corner of said Section 4 (also the Northwest corner of said
Government Lot 4), Township 3 North, Range I East of the Boise Meridian; thence South
89°49'08" East (formerly North 89°35'22" East) along the Northerly line of said Section
4 a distance of664.84 feet (formerly 664.75 feet) to the TRUE POINT OF BEGINNING;
thence continuing South 89°49'08" East (formerly North 89°35'22" East) along the
Northerly line of said Section 4 a distance of 166. I 9 feet; thence leaving said Northerly
line, South 00°35'24" West (formerly South 00°00'06" East) a distance of 1290.77 feet
(formerly 1290.60 feet); thence North 89°51 '00" West (formerly South 89°32'42" West)
a distance of 166.38 (formerly 166.20 feet); thence North 00°35'55" East (formerly North
00°05'05" West) a distance of 1290.86 feet (formerly 1290.73 feet) to the POINT OF
BEGINNING.
DEVELOPMENT AGREEMENT (AZ-03-022)
PAGE 17 OF 19
The above description was prepared from information contained in Deed records of Ada
County, Idaho. Not the result of an actual survey made on the ground.
The above described parcel contains 4.927 acres, more or less.
DEVELOPMENT AGREEMENT (AZ-O3-022)
PAGE 18 OF 19
EXHIBIT B
Findine:s of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-O3-022)
PAGE 19 OF ]9
BEFORE THE MERIDIAN CITY COUNCIL
C/C 02/24/04
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION)
AND ZONING OF 5 ACRES FOR )
THE KlSSLERIDEAL Y PARCEL, )
LOCATED IMMEDIA TEL YEAST)
OF THE KISSLER ANNEXATION)
APPLICATION (18 ACRE PARCEL) )
NEAR THE SOUTHEAST CORNER)
OF THE INTERSECTION OF )
EAGLE ROAD/SH 55 AND USTICK )
ROAD, MERIDIAN, IDAHO )
)
Case No. AZ-O3-O22
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
BRS ARCHITECTS,
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on November 5, 2003, January 20,2004, and February 24,2004, at the hour of7:00 p.m., and
Anna Powell Planning Director for the Planning and Zoning Department, and Billy Ray Strite,
appeared and testified, and the City Council having duly considered the evidence and the record
in this matter therefore makes the following Findings of Fact and Conclusions of Law, and
Decision and Order:
FINDINGS OF FACT
I.
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-651 I, and Meridian City Code §§ 11-15-5 and 11-16-1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER
(AZ-O3-022)
PAGE I OF21
2.
The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles I I and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3.
The property which is the subject of the application for armexation and
zoning is described in the application, is approximately 5 acres in size and is located on the south
side of Us tick Road, approximately 570 feet east of Eagle Road/SH-55, Meridian, Idaho, all
within the Area ofImpact of the City of Meridian and the Meridian Urban Service Planning Area
as defined in the Meridian Comprehensive Plan.
4.
The owner of record of the subject property is James A. Kissler, LLC.
5.
Applicant is BRS Architects.
6.
The property is presently zoned RUT and consists of rural residential/agricultural
land.
7.
The Applicant requests that the property be zoned as CoG (General Retail and
Service Commercial).
8.
The subject property is bordered on all sides by rural residential/agricultural
property (zoned RUT, Ada County).
9.
The Applicant submitted a Concept Plan and incorporated his 5 acres with the
Annexation and Zoning of the Kissler/CobbslRuwe application, Case No. AZ-03-0 I 8, for the 5
acres to C-G, with the Concept Plan dated December 22, 2003 showing Commercial uses,
Commercial/Office uses, High Density Commercial uses, Multi-family residential uses,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER
(AZ-O3-022)
PAGE 2 OF 21
Residential uses, and Transitional uses, and all uses shall be required to go through the
Conditional Use Permit process for approval.
10.
The Applicant requests zoning of the subject real property as C-G, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map, which designates
the subject property as Mixed Use-Regional.
II.
There are no significant or scenic features of major importance that affect the
consideration of this application.
12.
Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A.
Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
I. The Applicant shall coordinate with the Intermountain Gas Company to include the
outparcel owned by that company (Ada County Parcel No. S I 104223200) in the legal
description for the KisslerlDealy annexation application.
B.
Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
ANNEXATION AND ZONING SITE SPECIFIC CONDITIONS
I. The legal description, stamped approved by Public Works on September 23, 2003, meets the
requirements of the City of Meridian and State Tax Commission and places the parcel
contiguous to existing city limits.
2. The subject property is within the Urban Service Planning Area. Essential City services will
be made available to the subject property.
3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be
entered into between the City of Meridian and the property owner. The DA shall require
that all future uses within the boundaries of this annexation only be approved through the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING FOR KISSLER
(AZ-O3-022)
PAGE 3 OF 21
Conditional Use Permit process. Any residential uses required by the City Council shall
also be addressed as part of the DA.
The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and
VII) as applicable to all future development within the boundaries of this annexation:
Transportation Policies Applicable to the Kissler-Dealv Annexation:
. "Large dewlopment proposals that are likely to generate significant traffic should
be assessed for their impact on the transportation system and surrounding land uses.
They should be examined for ways to encourage all forms of transportation such as
transit, walking, and cycling.
. New development should not rely on cul-de-sacs since they provide poor rue
access, walkability, and neighborhood social life. New development and streets should
be designed to encourage walking and bicycling.
. In addition to providing for enhanced automobile traffic, Meridian should seek
ways to encourage alternative modes of transport. Improvement in and encouraged use of
public transit systems is an important first step. Public transit includes bus systems and
ridesharing. By fostering such means of high vehicle occupancies, congestion on
roadways can be decreased.
. Pathways that encourage use by bicyclists and pedestrians can decrease road
congestion and add to the community's quality of life. The proposed off-street and
multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New and existing
developments should ensure that the guidelines laid out in this plan are adopted.
Mixed Use Development Policies Applicable to the Kissler-Dealv Annexation:
. "Where feasible, multi-family residential uses will be encouraged, especially for
projects with the potential to serve as employment destination centers and when the
project is adjacent to State Highways 20-26, 55 or 69;
Where mixed use developments are phased, a conceptual site plan for the entire
mixed use area is encouraged with the development application or, depending on the
scope of the development, prior to a formal development application being submitted;
. In developments where multiple commercial and/or office buildings are proposed
(not residential), the buildings should be arranged to create some form of common, usable
area, such as a plaza or green space;
FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING FOR KISSLER
(AZ-O3-022)
PAGE 4 OF 21
. Where the project is developed adjacent to low or medium density residential
uses, a transitional use is encouraged."
4.
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.
c.
Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
I.
The applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the
applicant's specific development project) 48-feet ofright-of-way from centerline
along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along
Ustick Road, located a minimum of 4 I-feet from the centerline of the right-of-
way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located a minimum of 4l-feet from the
centerline ofthe right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located at the back edge of the existing
right-of-way. Accomplish all necessary adjustments to properly accommodate
existing drainage and utilities.
2. Construct any local roadways that are proposed to intersect Ustick Road to align
or offset a minimum of 300-feet from any other public roadway (measured centerline to
centerline).
3. Construct any driveways that are proposed to intersect Ustick Road to align or
offset a minimum of 230-feet from any existing or proposed driveway or street.
4. Once the access points have been approved by the District, they are to be
identified as such on the construction drawings. The remaining frontage along arterial
and collector streets shall be identified as having no access.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER
(AZ-O3-022)
PAGE 5 OF 21
5. Comply with requirements ofITD for Eagle Road frontage. Submit a letter from
ITD regarding the said requirements prior to District approval of the final plat or issuance
of a building permit (or other required permits), whichever occurs first. Contact The
Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334-8300.
6.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
I.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at 387-
6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING FOR KISSLER
(AZ-O3-022)
PAGE6 OF2J
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLINE (I -800-342- 1585) at least
two full business days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall be
upon the applicant to obtain written confirmation of any change from the Ada County
Highway District.
II. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at the
time the applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
D.
Adopt the Recommendations of the Meridian Fire Department as follows:
I. That a fue- flow consistent with Appendix D of the International Fire Code be provided
to service the entire project. Fire hydrants shall be placed an average of 400' apart.
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
3. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
4.
Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
5.
All intemal & external access roads shall have a radius of28' inside and 48' outside radius.
6. That all internal and external access roads shall have a 20' wide fire lane available at all
times. IFC
7. Roads which are greater than 150' in length will be required to be provided with an
approved turn-around.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APpLICA nON
FOR ANNEXATION AND ZONING FOR KISSLER
(AZ-O3-022)
PAGE 7 OF 21
8. All building uses and storage practices shall comply with the International Building &
Fire Codes.
E.
Adopt the action of the City Council taken at their February 24,2004 meeting as follows:
I.
All uses must be approved through the Conditional Use Permit process as shown on
the Concept Plan, dated: DEe. 222003, NO. 1529, as presented at the February 24,
2004 City Council meeting, and which Concept Plan is hereby approved.
13.
It is found that the 2002 Comprehensive Plan Future Land Use Map designates the
subject property as "Mixed Use - Regional." The purpose of this designation is "to provide for a
combination of compatible land uses that are typically developed under a master or conceptual plan. .
.and to identify key areas [of the City] which are either infill in nature or situated in highly visible or
transitioning areas of the City where innovative and flexible design opportunities are encouraged.
The intent of this designation is to offer the developer a greater degree of design and use flexibility."
(See Chapter VII, pg. 97.) The requested CoG zoning generally conforms to this stated purpose and
intent of the MU-Regional designation.
It is also found that the following 2002 Comprehensive Plan text policies to be applicable to
this application (staff analysis is in italics below policy):
Mixed Use Area Comp Plan Policies mom Chapter VII)
. "All development within this designation will occur only under the Conditional Use
Permit process, except the Mixed Use-Regional (areas). A CUP application would not
be needed (for developments within the MU-Regional area) unless a project lies
within 300 feet of an existing residence or school or CUP is otherwise required per
ordinance."
The subject property falls within the MU-Regional designation. There is an existing
residence within 300 feet of the eastern boundary of the property. No existing or
proposed schools are within 300 feet of any portion of the property. The applicant
has stated a willingness to have all jùture development proceed through the CUP
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER
(AZ-O3-022)
PAGE 8 OF 21
process.
.
"Where mixed use developments are phased, a conceptual site plan for the entire
mixed use area is encouraged with the development application or, depending on the
scope of the development, prior to a formal development application being
submitted";
No development application was submitted with the annexation, but it is anticipated
that development will occur in a phased manner. It is likely that the subject property
will develop in tandem with the Kissler property to the west. Given the narrow parcel
corifìguration and limited access points to Ustick Road, Staff believes it would be
beneficial to the City, adjacent property owners and future developers to have a
conceptual site/master plan prepared for this area to demonstrate internal
access/circulation and building footprints, etc. If the Commission and/or Council
want to review a conceptual site plan prior to a detailed CUP application being
submitted, such a requirement may be addressed as part of the DA. (See Site Specific
condition #3 below.)
.
"Where the project is developed adjacent to low or medium density residential uses, a
transitional use is encouraged";
The property is adjacent to existing low density residential uses. A transitional use is
not specifically called out but could be addressed as part of future cUP applications
or as part of a conceptual master plan, as noted above. Staff finds that transitional
uses could be addressed as part of future cUP applications.
.
"Residential density allowed of3 to 40 units/acre";
Not applicable. No residential uses are proposed.
.
"No upper limit of non-residential uses (square footage)."
(See Chapter VII, pgs. 97-98, for the above-mentioned mixed use policies.)
.
"Permit new. . .commercial development only where urban services can be reasonably
provided at the time of final approval and development is contiguous to the City."
(Chapter IV, Goal I, Obi. A, #6)
The Public Works Department is currently completing construction of the South Slough
Trunk extension in the vicinity of this annexation. The sewer project extends the trunk
line to Eagle and Leslie Drive and Eagle and Ustick Road intersections. Municipal water
is currently available in Ustick Road. The legal description for the annexation does not
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING FOR KISSLER
(AZ-O3-022)
PAGE 9 OF 21
place the property contiguous to the existing city limits, but the property would become
contiguous if the pending Kissler annexation application is approved.
.
"Encourage high-tech, research, pharmaceutical firms and high-quality retail facilities."
(Chapter IV, Goal II, Obj. A)
.
"Locate new community commercial areas on arterials or collectors near residential areas
in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I,
Obj. B, #5)
The subject property has frontage on an arterial roadway (Ustick). If uses adjacent to
the existing residential land to the east are controlled either through a CUP or zoning,
jùture development could complement adjoining residential areas.
.
"Develop incentives for high-density development along major transportation corridors
to support public transportation system." (Chapter VII, Goal IV, Obj. D, #7)
14.
The general vicinity of this project is experiencing a rapid change from agricultural
and low density residential uses to commercial/urban type development. Municipal water was
extended east of Eagle Road a few years ago to serve Summer's Funeral Home. Providence Place
Subdivision is a large, urban density residential subdivision located in Boise City less than 600 feet
east ofthe subject parcel. W.H. Moore Company, who owns the 55+ acres at the northwest comer of
U stick and Eagle, has had numerous discussions with the City regarding their intentions to develop a
commercial/office park. It is found that a rezone ofthe proposed property would be compatible with
other land use and facility changes in the area.
15.
No uses are proposed with this application. Certain permitted uses in the C-G zone
such as bus stations, outdoor entertainment uses, wholesale facilities and service stations, could have
a negative impact on the existing residential uses. The Dealy parcel is designated as future mixed use
in the comprehensive plan. It is found that any future uses, if designed, constructed and operated in
accordance with adopted city ordinances and future CUP applications, should be harmonious and
FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING FOR KISSLER
(AZ-O3-022)
PAGE 10 OF 21
appropriate in appearance with the existing character of the vicinity.
16.
It is found that the majority of future uses on the subject property will not be
hazardous or disturbing to existing or future neighboring uses if all development and landscape
buffer ordinances are exercised. Some uses may be disturbing to existing residential uses to the east.
17.
It is found that roadway improvements will be required on U stick Road to handle the
additional traffic generated by future development. Sanitary sewer and water are either currently
available or under construction to provide service to the area. All other public services and facilities
appear to be adequate to service this property.
18.
It is found that this development will not cause excessive additional requirements at
public cost. The South Slough Trunk extension was funded by the City of Meridian. Other required
site improvements will be funded and constructed by the developer. It is also found that the
annexation and zoning alone will not be detrimental to the community's economic welfare.
19.
It is found that several of the allowed uses in the CoG zone may involve activities,
processes, materials, equipment or conditions that could produce excessive traffic and noise and have
other public impacts. MCC 11-12-2 and I 1-12-3 are intended to mitigate impacts of some uses such
as fire hazards, bulk storage, and contractor's yards. To comply with this finding, a CUP shall be
required for future uses.
20.
It is found that any future uses will impact the level and flow of traffic on the
surrounding streets. Specific traffic counts will be determined at the time of development
application. In accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg. 107), it is found
that the number of vehicular access points to Ustick Road should be restricted and comply with
FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER
(AZ-03-022)
PAGEIIOF21
ACHD policies in order to preserve the capacity and movement on these roadways at build-out.
21.
It is found that the proposed annexation will not result in the destruction, loss or
damage of natural features.
22.
It is found that the annexation of this property would be in the best interest of the
City for the following reasons:
.
increased commercial land base available to future developers;
increased property tax revenue;
municipal services are available to the area; and
application substantially complies with the Comprehensive Plan.
.
.
It is also found that, based upon the information submitted in the application, it is difficult
for the Commission and Council to fully determine "best interest" factors, since no future
users are known at this time. The CUPIPD process does grant the City a fairly high degree
of design and use review authority, but the additional demand on staff to process such
applications should also be considered.
23.
It is found that if the developer pays for the requested improvements and complies
with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the economic
welfare ofthe City and its residents and tax and rate payers will be protected, a condition of
annexation and zoning designation.
24.
It is also found that the development considerations as referenced in Finding No.
12 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER
(AZ-O3-022)
PAGE 12 OF21
or future neighboring uses. particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
I.
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § I I -16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2.
The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4.
The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Chapter VII, pgs. 97 and 98
Chapter IV, Goal I, Obj. A, #6
Chapter IV, Goal II, Obj. A
Chapter VII, Goal I, Obj. B, #5
Chapter VII, Goal IV, Obj. D #7
5.
The zoning of (C-G) General Retail and Service Commercial is defined in the Zoning
Ordinance at § 11-7-2 K as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING FOR KISSLER
(AZ-03-022)
PAGE 13 OF21
(CoG) General Retail And Service Commercial District: The purpose of the CoG District
is to provide for commercial uses which are customarily operated entirely or almost entirely
within a building; to provide for a review of the impact of proposed commercial uses which
are auto and service.oriented and are located in close proximity to major highway or arterial
streets; to fulfill the need of travel-related services as well as retail sales for the transient and
permanent motoring public. All such districts shall be connected to the Mwricipal water and
sewer systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
6.
Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt vs. The CityofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
7.
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section J 2-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8.
Pursuant to Section I I - I 6-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enkr into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
I.
The applicant's request for annexation and zoning of approximately 5 acres to (C-
G) General Retail and Service Commercial is granted subject to the terms and conditions of this
Order hereinafter stated.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING FOR KISSLER
(AZ-O3-022)
PAGE 14 OF 21
2.
The application is for annexation and zoning of 5 acres. The legal description shall be
prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the
provisions of the City of Meridian Resolution No. 158. The legal description for annexation must
place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3.
Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
B.
Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
I . The Applicant shall coordinate with the Intermountain Gas Company to include
the outparcel owned by that company (Ada County Parcel No. S I 104223200) in
the legal description for the KisslerlDealy annexation application.
B.
Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
ANNEXATION AND ZONING SITE SPECIFIC CONDITIONS
I. The legal description, stamped approved by Public Works on September 23, 2003, meets the
requirements of the City of Meridian and State Tax Commission and places the parcel
contiguous to existing city limits.
2. The subject property is within the Urban Service Planning Area. Essential City services will
be made available to the subject property.
3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be
entered into between the City of Meridian and the property owner. The DA shall require
that all future uses within the boundaries of this annexation only be approved through the
Conditional Use Permit process. Any residential uses required by the City Council shall
also be addressed as part of the DA.
The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and
VII) as applicable to all future development within the boundaries of this annexation:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING FOR KISSLER
(AZ-O3-022)
PAGE 15 OF 21
Transportation Policies Applicable to the Kissler-Dealv Annexation:
. "Large development proposals that are likely to generate significant traffic should
be assessed for their impact on the transportation system and surrounding land uses.
They should be examined for ways to encourage all forms of transportation such as
transit, walking, and cycling.
. New development should not rely on cul-de-sacs since they provide poor fire
access, walkability, and neighborhood social life. New development and streets should
be designed to encourage walking and bicycling.
. In addition to providing for enhanced automobile traffic, Meridian should seek
ways to encourage alternative modes of transport. Improvement in and encouraged use of
public transit systems is an important first step. Public transit includes bus systems and
ridesharing. By fostering such means of high vehicle occupancies, congestion on
roadways can be decreased.
. Pathways that encourage use by bicyclists and pedestrians can decrease road
congestion and add to the community's quality oflife. The proposed off-street and
multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New and existing
developments should ensure that the guidelines laid out in this plan are adopted.
Mixed Use Development Policies Applicable to the Kissler-Dealv Annexation:
. "Where feasible, multi-family residential uses will be encouraged, especially for
projects with the potential to serve as employment destination centers and when the
project is adjacent to State Highways 20-26, 55 or 69;
. Where mixed use developments are phased, a conceptual site plan for the entire
mixed use area is encouraged with the development application or, depending on the
scope of the development, prior to a formal development application being submitted;
. In developments where multiple commercial and/or office buildings are proposed
(not residential), the buildings should be arranged to create some form of common, usable
area, such as a plaza or green space;
Where the project is developed adjacent to low or medium density residential
uses, a transitional use is encouraged."
4.
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-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING FOR KISSLER
(AZ-O3-022)
PAGE 16 OF 21
domestic purposes such as landscape irrigation.
C.
Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
I. The applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the
applicant's specific development project) 48-feet of right-of-way from centerline
along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along
Ustick Road, located a minimum of 41-feet from the centerline of the right-of-
way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located a minimum of 4 I-feet from the
centerline of the right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide
concrete sidewalk along Ustick Road, located at the back edge of the existing
right-of-way. Accomplish all necessary adjustments to properly accommodate
existing drainage and utilities.
2. Construct any local roadways that are proposed to intersect Ustick Road to align or
offset a minimum of 300-feet from any other public roadway (measured centerline to
centerline).
3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a
minimum of 230-feet from any existing or proposed driveway or street.
4. Once the access points have been approved by the District, they are to be identified as
such on the construction drawings. The remaining frontage along arterial and collector
streets shall be identified as having no access.
5. Comply with requirements ofITD for Eagle Road frontage. Submit a letter from ITD
regarding the said requirements prior to District approval of the final plat or issuance of a
building permit (or other required permits), whichever occurs first. Contact The Idaho
Transportation Department's District III Traffic Engineer Dan Coonce at 334-8300.
6. Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXA nON AND ZONING FOR KISSLER
(AZ-O3-022)
PAGE 17 OF 21
Standard Conditions of Approval
I. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved
in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with
file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State ofIdaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance # I 97, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-
of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR IGSSLER
(AZ-O3-022)
PAGE 18 OF 21
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.
II. Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
the change in use is sought.
D.
Adopt the Recommendations of the Meridian Fire Department as follows:
I. That a fire-flow consistent with Appendix D of the International Fire Code be provided to
service the entire project. Fire hydrants shall be placed an average of 400' apart.
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
3. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
5. All internal & external access roads shall have a radius of28' inside and 48' outside radius.
6. That all internal and external access roads shall have a 20' wide fire lane available at all times.
IFC
7. Roads which are greater than 150' in length will be required to be provided with an
approved turn-around.
8. All building uses and storage practices shall comply with the International Building & Fire
Codes.
E.
Adopt the action of the City Council taken at their February 24, 2004 meeting as follows:
I.
All uses must be approved through the Conditional Use Permit process as shown on
the Concept Plan, dated: DEC. 22 2003, NO. 1529, as presented at the February 24,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER
(AZ-O3-022)
PAGE 19 OF 21
2004 City Council meeting, and which Concept Plan is hereby approved.
4.
The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation ofthe real property which is the subject of the
application to (C-G) General Retail and Service Commercial District, and Meridian City Code § 11-
7-2.
5.
Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code § I I -2 I - I in accordance
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of Meridian,
pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real
property which may be adversely affected by this decision may, within twenty-eight (28) days after
the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXA nON AND ZONING FOR KISSLER
(AZ-03-022)
PAGE 20 OF 21
By action of the City Council at its regular meeting held on the 25 -tI--
day of
m\).M /
ð
,2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED~
VOTED~
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
VOTED\\/¡)-
l
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 6-2'5-04
MOTION:
APPROVED:~ DISAPPROVED:~
VOTED~
Attest:
By: ,~\£l.. ~
City Clerk
Dated: TüY\ ~ "\, dLCL\-
Z:\WorklMlMeridianlMeridian 15360M'Kissler (Dealy Parcel) AZ-OJ-O22\AZFfCI&Order.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER
(AZ-O3-022)
PAGE 2] OF2l
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(City) (Slate)
Intermountain Gas. record owner of the "regulator Station" located on the South side of Ustick Road, approxImately
600' East of Eagle Road, grant their approval to the City of Meridian to Join the Annexation approved under AZ-O3-022.
Dated this
4-
RECEIVED
MAY 1 t 1Dt1f
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