Cobblefield Village
¡1,~. r m/M'&4-v
u tr f r V\ RECORDED- REQUEST OF
ADA COUNTY CORDER ~ff!
J. DAVID NAVARRO . . "
ROISE.IDAHO ---I.E[D DEPUTY .
DEVELOPMENT AGREEMENT O~po..P
19990E22 PM 1:25 n 99/2/334
City of Meridian
Ionic Enterprises, Inc., a California Corporation
PARTIES: 1.
2.
THIS DEVELOPMENT AGREI;MENT (this "Agreement"), is made
and entered into this~ day of J!ov(!lI1beJ- ,-.L!l!f!l by and between
CITY OFMEI}lDIAN, a municipal corporation of the State of Idaho, hereafter
called "CITY", and IONIC ENTERPRlSES, INC., a California Corporation
authorized to do business in Idaho as a foreign corporation, hereinafter called
"DEVELOPER", whose address is do Homco Development Co, Inc., 1664
Goldking Way, Boise, Idaho 83709.
1.
RECITALS:
1.2
1.3
1.4
1.5
1.1
WHEREAS, "Developer" is the sole owner, in law and/or equity,
of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
WHEREAS, Lc. §67-6511A, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the owner or "Developer" make a written commitment
concerning the use or development of the subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-2-416L and 11-2-417D, which
authorizes development agreements upon the annexation and
zoning of land; and
WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property"s described in Exhibit A,
and has requested a designation of High Density Residential
District (R-40), (Municipal Code of the City of Meridian); and
WHEREAS, "Developer" made representations at the public
hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
subject "Property" will be developed and what improvements will
be made; and
DEVELOPMENT AGREEMENT - 1
1.7
1.8
1.9
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
WHEREAS, City Council, the 2oi!: day of July, 1999, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached
hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as (the "Findings"); and
WHEREAS, the "Findings" require the "Developer" enter into a
development agreement before the City Council takes final action
on annexation and zoning designation; and
"DEVELOPER" deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily and at its urging and requests; and
1.10 WHEREAS, "City"requires the "Developer" to enter into a
development agreement for the purpose of ensuring that the
"Property" is develop~d and the subsequent use of the "Property"
is in accordance with the terms and conditions of this
development agreement, herein being established as a result of
evidence received by the "City" in the proceedings for annexation
and zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to ensure annexation and zoning designation
is in accordance with the Comprehensive Plan of the City of
Meridian adopted December 21,1993, Ordinance #629, January
4, 1994, and the Zoning and Development Ordinance codified in
Title 11, Municipal Code of the City of Meridian.
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.
DEVELOPMENT AGREEMENT - 2
~/
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:
3.2
3.3
4.
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.
"DEVELOPER": means and refers to Ionic Enterprises, Inc., a
California Corporation authorized to do business in Idaho as a
foreign corporation, whose address is do Homco Development
Co, Inc., 1664 S. GoldkingWay, Boise, Idaho 83709, the party
developing said "Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit "A", attached hereto and by this reference
incorporated herein as if set forth at length.
USES PERMITTED BY THIS AGREEMENT:
4.1
4.2
The uses allowed pursuant to this Agreement are only those uses
allowed under "City"'s Zoning Ordinance codified at
Section 11-2-408 B.6. Meridian City Code which are herein
specified as follows:
(R-40) High Density Residential District: The purpose of the
(R-40) District is to permit the establishment of high density
residential uses at a density not exceeding forty (40) dwelling
units per acre. Connection to the Municipal Water and Sewer
Systems of the City of Meridian is required.
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has
submitted to "City" an application for conditional use permit, and shall be
required to obtain the "City"'s approval thereof, in accordance to the City's
Zoning & Development Ordinance criteria, therein, provided. prior to, and as
DEVELOPMENT AGREEMENT - 3
~/
a condition of, the commencement of construction of any buildings or
improvements on the "Property" that require a conditional use permit.
6. CÒNDlTIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1
"Developer" shall develop the "Property" in accordance with the
following special conditions:
6.1.1. The legal description shall be prepared by a Registered
Land Surveyor, Licensed by the State of Idaho, and shall
conform to all the provisions of the City of Meridian
Resolution No. 158. The legal description for annexation
must place this parcel contiguous to the Corporate City
Limits per Ordinance No. 686. (See the legal description
attached as Exhibit "A" and incorporated here as if set
forth in full.)
6.2
Developer shall enter into a Development Agreement, that
provides in the event the conditions therein are not met by the
Developer that the property shall be subject to de-annexation,
with the City of Meridian which provides for the following
conditions of development to-wit:
6.2.1 Any existing irrigation/drainage ditches crossing the
property to be'included in this project, shall be tiled per
City Ordinance 11-9-605.M. The ditches to be piped
should be shown on the site plans. Plans will need to be
approved by the appropriate irrigation/drainage district, or
lateral users association, with written confirmation of said
approval submitted to the Public Works Department. No
variances have been requested for tiling of any ditches
crossing this project.
6.2.2 Any existing domestic wells and/or septic systems within
this project will have to be removed from their domestic
services per City Ordinance Section 5-7-517. Wells may
be used for non-domestic purposes such as landscape
irrigation.
6.2.3 Off-street parking shall be provided in accordance with
Section 11-2-414 of the City of Meridian Zoning and
DEVELOPMENT AGREEMENT - 4
~
Development Ordinance and/or as detailed in site-specific
requirements.
6.2.4 Paving and striping shall be in accordance with the
standards set forth in Sections 11-2-414.D.4 and 11-2-
414.D.5. of the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
6.2.5 A drainage plan designed by a State.of Idaho licensed
architect or engineer is required and shall be submitted to
the City Engineer for all off-street parking areas. All site
drainage shall be contained and disposed of on-site.
6.2.6 Outside lighting shall be designed and placed so as not to
direct illumination on any nearby residential areas and in
accordance with City Ordinance Section 11-2-414.D.3.
6.2.7 All signage shall be in accordance with the standards set
forth in Section 11-2-415 of the City of Meridian Zoning
and Development Ordinance. No temporary signage, flags,
banners or flashing signs will be permitted.
6.2.8 Provide five-foot-wide sidewalks in accordance with City
Ordinance Section 11-9-606.B.
6.2.9 All construction shall conform to the requirements of the
Americans with Disabilities Act.
6.2. 10 Provide revised site plan detailing all existing and proposed
utilities for review by the Meridian Public Works
Department. Designer is to coordinate sizing and routing
of sanitary sewer and water within the development with
the Public Works Department.
6.2.11 Provide Public Works Department with information on
anticipated fire flow and domestic water requirements for
the proposed site. Flow and pressure from the existing
mains should be monitored with the Meridian Water
Department to determine whether adequate fire protection
exists.
DEVELOPMENT AGREEMENT - 5
6.2.12Applicant shall be required to enter into an Assessment
Agreement with the City of Meridian. In addition to these
assessments, "Late Comers" fees may also be charged
against this parcel to help reimburse the parties responsible
for installing mains to their current points.
6.2.13A total of 57 three-inch caliper trees are required for the
project. Due to the issues of entryway corridors and
buffering of adjacent properties, trees in addition to the
required three-inch caliper trees should be provided.
Landscape buffers on Locust Grove Road and Franklin
road need to show detailed vegetation and tree plantings.
Sodding only of these areas is not acceptable. Provide
detailed landscape plan for review and approval.
6.2.14Particular attention will need to be paid to lighting plans
to ensure adjacent residential properties and the traveling
public is not impacted by glare, as determined by the City
of Meridian.
6.2.15 Signage shall be limited to one low-profile monument type
sign near the intersection of Franklin Road and Locust
Grove Road. Detailed signage plans will be subject to
design review.
6.2. 1 6 Construct five-Foot-wide sidewalks along the entire
frontages of Franldin Road and Locust Grove Road.
6.2. 1 7 Revise site plan to show screened trash enclosures.
Coordinate locations and construction requirements with
Meridian Sanitary Service, Inc., and provide a letter of
approval from their office prior to applying for building
permits.
6.2.18Provide handicapped accessible parking spaces in
accordance with the Americans with Disabilities Act. All
building and parking lot construction needs to meet the
requirements of the Americans with Disabilities Act.
6.2.19The parking areas shown do not meet minimum Ordinance
requirements of a 9' x 9' stall with a minimum 25' driveway
aisle. The parking dimensions shown could be acceptable
given consideration for bumper overhang; however, the
DEVELOPMENT AGREEMENT - 6
adjacent walkways should either be divided by a planing
strip or increased in width to a minimum of seven feet
wide.
6.2.20Drainage swales should not be within the landscape
setbaclcs along Franl<.lin and Locust Grove, as they do not
provide buffering.
6.2.21 Provide a landscaped setback of 35 feet beyond required
right-of-way along Franl<.lin Road.
6.2.22No City water will be allowed for landscape irrigation.
6.2.23 Six-foot-high, permanent perimeter fencing and buffering
shall be provided adjacent to the existing residential use.
6.2.25 Five Mile Creek is designated as multiple use pathway in
the Meridian Comprehensive Plan. Fish, wildlife and
vegetation species and habitat should be protected and
maintained,provided it is in the best interests of the City
of Meridian. Consideration should be made for the land
uses in these areas to minimize the risl<: of pollution and to
preserve the natural beauty of Five Mile Creek.
6.2.26Due to the topography of the site, the parcel currently
accepts drainage water from the residential properties to
the south. This drainage will need to be accommodated
for in the development of the property.
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 "Developer" or "Developer's" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing
Development of subject "Property" of this agreement within two (2) years of
the date this Agreement is effective, and after the "City" has complied with the
notice and hearing procedures as outlined in I.c. § 67-6509, or any subsequent
amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
DEVELOPMENTAGREEMENT-7
"Developer" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply
with this Agreement to "Developer" and if the "Developer" fails
to cure such failure within six (6) months of such notice.
9. INSPECTION: "Developer" shall, immediately upon completion of
any portion or the entirety of said development of the "Property" as required
by this agreement or by City ordinance or policy, notify the City Engineer and
request the City Engineer's inspections and written approval of such completed
improvements or portion thereof in accordance with the terms and conditions
of this Development Agreement and all other ordinances of the "City" that
apply to said Development.
10.
DEFAULT:
10.1 In the event "Developer", "Developer's" heirs, successors, assigns,
or subsequent owners of the "Property" or any other person
acquiring an interest in the "Property", fail to faithfully comply
with all of the terms and conditions included in this Agreement
in connection with the "Property", this Agreement may be
modified or terminated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
10.2 A waiver by "City" of any default by "Developer" of anyone or
more of the covenants or conditions hereof shall apply solely to
the breach and breaches waived and shall not bar any other rights
or remedies of "City" or apply to any subsequent breach of any
such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer's" cost, and submit proof of such recording to
"Developer", prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and zoning of the "Property" by the City
Council. 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.
DEVELOPMENTAGREEMENT-8
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 "Developer", or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be
sought by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein.
13.1 In the event of a material breach of this Agreement, the parties
agree that "City" and "Developer" shall have thirty (30) days
after delivery of notice of said breach to correct the same prior to
the non-breaching party's seeking of any remedy provided for
herein; provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall prosecute
the curing of same with diligence and continuity, then the time
allowed to cure such failure may be extended for such period as
may be necessary to complete the curing of the same with
diligence and continuity.
13.2 In the event the performance of any covenant to be performed
hereunder by either "Developer" or "City" is delayed for causes
which are beyond the reasonable control of the party responsible
for such performance, which shall include, without limitation,
acts of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time of
such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable
bonds, as allowed under 11-9-606 C of the Meridian City Code, to insure that
installation of the improvements, which the "Developer" agrees to provide, if
required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no
Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Developer" have entered into an addendum agreement
stating when the improvements will be completed in a phased developed; and
DEVELOPMENT AGREEMENT - 9
in any event, no Certificates of Occupancy shall be issued in any phase in
which the improvements have not been installed, completed, and accepted by
the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to
abide by all ordinances of the City of Meridian and the "Property" shall be
subject to de-annexation if the owner or his assigns, heirs, or successors shall
not meet the conditions contained in the Findings of Fact and Conclusions of
Law, this Development Agreement, and the Ordinances of the City of
Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three
(3) days after deposit in the United States Mail, registered or certified mail,
postage prepaid, return receipt requested, addressed as follows:
CITY:
DEVELOPER:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Ionic Enterprises, Inc., a California
Corporation, authorized to do business
In Idaho as a foreign corporation, do
Homco Development Co., Inc., 1664
Goldking Way, Boise, Idaho 83709
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
17.1 A party shall have the right to change its address by delivering to
the other party a written notification thereof in accordance with
the requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled,
in addition to any other relief as may be granted, to court costs and reasonable
attorney's fees as determined by a Court of competent jurisdiction. This
provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
DEVELOPMENT AGREEMENT - 10
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
of the "Property", each subsequent owner and any other person acquiring an
interest in the "Property". Nothing herein shall in any way prevent sale or
alienation ofthe "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 "Developer", to
execute appropriate and recordable evidence of termination of this Agreement
if "City", in its sole and reasonable discretion, had determined that
"Developer" has fully performed its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provisionshall 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 "Developer"
and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or
implied, between "Developer" and "City", other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the parties hereto
unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions governing
development of the subject "Property" herein provided for can be
modified or amended without the approval of the City Council
after the ""City" has conducted public hearing(s) in accordance
with the notice provisions provided for a zoning designation
DEVELOPMENT AGREEMENT - 11
and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT - 12
OCT -19-1999(TUE) J I :37
51'1 NK&Ðl1TlER
208388100 I
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
Attest: -
/A: C§£~
Secretary
BY RESOLUTION NO.
IONIC ENTERPRISES, INC, a California
Corporation
Attest:
CITY CLERK
BY RESOLUTION NO.-
CITY OF MERIDIAN
BY:
MAYOR ROBERT D.CORRlE
"'fIZ:\WorlllM\MeridJ.n 15360M\Cobbleslone ViII'g<\DovdopArr
DEVELOPMENr AGREEMENr - 13
P.019
OCT-J9-1999(JUE) 11:37
SPINK&ÐUTlER
2083881001
STATE OF ~)
COUNTY 0 )
f?J¡.\. thi~. of IJ~ , in the year 1999, before me,
~ J a Notary Public, personally appeared
Paul%. Stamas and , known or identified to me to be
the President and Secretary of Ionic Enterprises, Inc., who executed the
instrument or the persons that executed the instrument of behalf of said
corporation, and ad<:nowledged to me ha n ecu the same on behalf of said
corporation.
(SEAL)
Notary Public for California
Commission expires;
STATE OF IDAHO
SHARI DURBIN
Comm. #1153492 š:
, NOTARY PUBLIC. CALIFORNIAG)
/. PLACER COUNTY ()
Camm. Exp. Aug. 29, 2001 ...
:ss
County of Ada
On this
)
day of
, in the year -' before
me, a Notary Public. personally appeared Robert D. Corrie and William G. Berg,
know or identified to me to be the Mayor and Clerk, respectively, of the City of
Meödian, who executed the instrument or the person that executed the
instrument of behalf of said City. and acknowledged to me that such City
executed the same.
(SEAL)
Notary Public for Idaho
Commission expires:
DEVELOPMENT AGREEMENT-14
P,020
DGT-19-J999(TUE) 11:33
SPINKIiBUTlER
208388100 I
P.003
CONSENT RESOLUTION
OF
IONIC ENTERPRISES, INC.
The unàersigneà, being all of the directors of IONIC ENTERPRISES, INC., a California corporation
(the "CorporatiOn"), hereby take the following corporale actions without a meeting in accordance with the
general corporation laws of the state of California and the constituent documents of the Corporation:
"WHEREAS, the Corporation owns and is developing the real property located in Meridian,
Ada County, làaho, more specifically described on Exhibit A hereto (the .Property"): and
"WHEREAS, the Corporation has submitteà an appiication to the City of Meridian (-City-) for
annexation and loning of the Property anà has requested a designation of High Density
Resiàential District (R-40) for the Property; and
"WHEREAS. City's City Council approved certain Findings of Fact and Conclusions of Law
and Decision and Order which requires the Corporation to enter into a Development
Agreement before the City's Council takes final action on the annexation and zoning of the
Property to ensure that Ihe Property is àeveloped aM the subsequent use of the Property
is in accoràance with the terms and conditions of the Development Agreement, a copy of
which is attached hereto as Exhibit B.
"NOW, THEREFORE, BE IT RESOLVED, that the Corporation take whatever actions it
deems necessary and/or appropriate to execute and have execvted by the City, and to
record the Development Agreement, there being sufficient direct or indirect benefils flowing
to the Corporation as a result thereOf; anà it is
"FURTHER RESOLVED that the officers of the Corporation, and each of them be, and they
are hereby jointly and severally authorized and directed on behalf of the Corporation to
negoUate, enter into, execute and deliver the Development Agreement anà all other
documents as such officers shall individually or severBlly deem necessary, desirabie or
appropriate and to lake all such other .and further actions as they shall àeem necessary,
desirable, appropriate or expeàient the execution and recordation of the Development
Agreement: and it is
"FURTHER RESOLVED, thai the President of the Corporation, is hereby authorileà 10: (a)
sign, execute, certify to, verify, acknowledge, deliver, accept, file, and record any end all
instruments and documents: and (b) take, or cause to be taken, any and all such action in
the name and on behalf of the Corporation as the President deems necessary. desirable, or
appropriate ih oràer to consummate the transacUons contemplated hereby or otherwise
expedient to effect the purposes of the foregoing resolutions.
IN WITNESS WHEREOF, the undersigneà have executed
~, 1999.
CONSSNT RSSOLUTION. I
F '\APPSI Wl'DOCS\H_M~ONIC.ENT\RESOLUT .CON
----
f"".J-U-B ~
~
EXHIBIT A
J-U-8 ENGINEERS, Inc,
ENGINEERS. SURVEYORS. PLANNERS
250 S. Beechwood Avenue, Suite 201
- Boise, 10 83709-0944
2081376-7330
FAX: 2081323-9336
Project:
Date:
11488 Legal Description of the Property
February 23, 1999
PARCEL DESCRIPTION FOR IONIC COPORATION
MERIDIAN, IDAHO
A parcel of land being a portion of the Northeast 1/4 of the Northeast 1/4 of Section 18, T. 3N., R. 1 E.,
Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows:
Commencing at a brass cap monumenting the northeast corner of said Section 18, said corner being the
TRUE POINT OF BEGINNING, from which the North ~ corner of said Section 18 bears South 89' 46' 18" West
2,654.20 feet;
thence South 00' 31'19" West 565.45 feet along the Easterly boundary of said Section 18 and the center
line of South Locust Grove Road;;
thence leaving said section line and center line South 89' 41 '24" West 474.70 feet parallel with and lying
48.5 feet northerly from the north line of that certain warranty deed recorded as Instrument No. 700676 in the
records of Ada County,ldaho to a point on the Easterly boundary of Medimont Subdivision No.1 recorded in Book
75 of Plats at Page 7794 in the records of Ada County, Idaho:
thence along the easterly boundary of said subdivision North 00' 58'43" East 378.88 feet an angle point in
said easterly boundary line;
thence continuing along said easterly boundary line extended North 02' 14'38" West 187.40 feet to a point
on the Northerty boundary of said Section 18;
thence along said Northerly boundary North 89' 46'18" East 480.70 feet to the TRUE POINT OF BEGINNING.
Said parcel contains 6.16 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
GAL:lhc
Gary A. Lee, P.E.lL.S.
Project Manager
f:lprojectsl 11488lDescrlptionsl8oundary .doc
CONSENT RESOLUTION - )
F :IAPPSI WPDOCSIH _MIlO NI C. ENTIRESO L UT. CO N
*
CONSENT RESOLUTION - 3
F: IAPPSI WPDOCSIH _MIl ONIC ENTIRESO L UT. CON
EXHIBIT B
Development Agreement
PARTIES: 1.
2.
DEVELOPMENT AGREEMENT
City of Meridian
Ionic Enterprises, Inc., a California Corporation
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made
and entered into this- day of , -, by and between
CITY OF MERlDIAN, a municipal corporation of the State of Idaho, hereafter
called "CITY", and IONIC ENTERPRlSES, INc., a California Corporation
authorized to do business in Idaho as a foreign corporation, hereinafter called
"DEVELOPER", whose address is do Homco Development Co, Inc., 1664
Goldking Way, Boise, Idaho 83709.
1.
RECITALS:
1.1
1.2
1.3
1.4
1.5
WHEREAS, "Developer" is the sole owner, in law and/or equity,
of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
WHEREAS, Lc. §67-6511A, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the owner or "Developer" make a written commitment
concerning the use or development of the subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-2-416L and 11-2-417D, which
authorizes development agreements upon the annexation and
zoning of land; and
WHEREAS, "Deve10per" has submitted an application for
annexation and zoning of the "Property"s described in Exhibit A,
and has requested a designation of High Density Residential
District (R-40), (Municipal Code of the City of Meridian); and
WHEREAS, "Developer" made representations at the public
hearings both before the Meridian Planning &Zoning
Commission and before the Meridian City Council, as to how the
subject "Property" will be developed and what improvements will
be made; and
DEVELOPMENT AGREEMENT - 1
1.7
1.8
1.9
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
WHEREAS, City Council, the - day of -' 1999, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached
hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as (the "Findings"); and
WHEREAS, the "Findings" require the "Developer" enter into a
development agreement before the City Council takes final action
on annexation and zoning designation; and
"DEVELOPER" deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily and at its urging and requests; and
1.10 WHEREAS, "City" requires the "Developer" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property"
is in accordance with the terms and conditions. of this
development agreement, herein being established as a result of
evidence received by the "City" in the proceedings for annexation
and zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to ensure annexation and zoning designation
is in accordance with the Comprehensive Plan of the City of
Meridian adopted December 21,1993, Ordinance #629, January
4, 1994, and the Zoning and Development Ordinance codified in
Title 11, Municipal Code of the City of Meridian.
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.
DEVELOPMENT AGREEMENT - 2
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:
3.2
3.3
4.
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.
"DEVELOPER": means and refers to Ionic Enterprises, Inc., a
California Corporation authorized to do business in Idaho as a
foreign corporation, whose address is do Homco Development
Co, Inc., 1664 S. GoldkingWay, Boise, Idaho 83709, the party
developing said "Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit "A", attached hereto and by this reference
incorporated herein as if set forth at length.
USES PERMITTED BY THIS AGREEMENT:
4.1
4.2
The uses allowed pursuant to this Agreement are only those uses
allowed under "City"'s Zoning Ordinance codified at
Section 11-2-408 B.6. Meridian City Code which are herein
specified as follows:
(R-4Q) High Densit;y Residential District: The purpose of the
(R-40) District is to permit the establishment of high density
residential uses at a density not exceeding forty (40) dwelling
units per acre. Connection to the Municipal Water and Sewer
Systems of the City of Meridian is required.
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has
submitted to "City" an application for conditional use permit, and shall be
required to obtain the "City"'s approval thereof, in accordance to the City's
Zoning & Development Ordinance criteria, therein, provided, prior to, and as
DEVELOPMENT AGREEMENT - 3
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:
6.1
"Developer" shall develop the "Property" in accordance with the
following special conditions:
6.1.1. The legal description shall be prepared by a Registered
Land Surveyor, Licensed by the State of Idaho, and shall
conform to all the provisions of the City of Meridian
Resolution No. 158. The legal description for annexation
must place this parcel contiguous to the Corporate City
Limits per Ordinance No. 686. (See the legal description
attached as Exhibit "A" and incorporated here as if set
forth in full.)
6.2
Developer shall enter into a Development Agreement, that
provides in the event the conditions therein are not met by the
Developer that the property shall be subject to de-annexation,
with the City of Meridian which provides for the following
conditions of development to-wit:
6.2.1 Any existing irrigation/drainage ditches crossing the
property to be included in this project, shall be tiled per
City Ordinance 11-9-605.M. The ditches to be piped
should be shown on the site plans. Plans will need to be
approved by the appropriate irrigation/drainage district, or
lateral users association, with written confirmation of said
approval submitted to the Public Works Department. No
variances have been requested for tiling of any ditches
crossing this project.
6.2.2 Any existing domestic wells and/or septic systems within
this project will have to be removed from their domestic
services per City Ordinance Section 5-7-517. Wells may
be used for non-domestic purposes such as landscape
irrigation.
6.2.3 Off-street parking shall be provided in accordance with
Section 11-2-414 of the City of Meridian Zoning and
DEVELOPMENT AGREEMENT - 4
Development Ordinance and/or as detailed in site-specific
requirements.
6.2.4 Paving and striping shall be in accordance with the
standards setforth in Sections 11-2-414.D.4 and 11-2-
414.D.5. of the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
6.2.5 A drainage plan designed by a State of Idaho licensed
architect or engineer is required and shall be submitted to
the City Engineer for all off-street parking areas. All site
drainage shall be contained and disposed of on-site.
6.2.6 Outside lighting shall be designed and placed so as not to
direct illumination on any nearby residential areas and in
accordance with City Ordinance Section ll-2-414.D.3.
6.2.7 All signage shall be in accordance with the standards set
forth in Section 11-2-415 of the City of Meridian Zoning
and Development Ordinance. No temporary signage, flags,
banners or flashing signs will be permitted.
6.2.8 Provide five-foot-wide sidewalks in accordance with City
Ordinance Section 1l-9-606.B.
6.2.9 All construction shall conform to the requirements of the
Americans with Disabilities Act.
6.2. 10 Provide revised site plan detailing all existing and proposed
utilities for review by the Meridian Public Works
Department. Designer is to coordinate sizing and routing
of sanitary sewer and water within the development with
the Public Works Department.
6.2.11 Provide Public Works Department with information on
anticipated fire flow and domestic water requirements for
the proposed site. Flow and pressure from the existing
mains should be monitored with the Meridian Water
Department to determine whether adequate fire protection
exists.
DEVELOPMENT AGREEMENT - 5
6.2. 1 2 Applicant shall be required to enter into an Assessment
Agreement with the City of Meridian. In addition to these
assessments, "Late Comers" fees may also be charged
against this parcel to help reimburse the parties responsible
for installing mains to their current points.
6.2.13A total of 57 three-inch caliper trees are required for the
project. Due to the issues of entryway corridors and
buffering of adjacent properties, trees in addition to the
required three-inch caliper trees should be provided.
Landscape buffers on Locust Grove Road and Franldin
road need to show detailed vegetation and tree plantings.
Sodding only of these areas is not acceptable. Provide
detailed landscape plan for review and approval.
6.2.14Particular attention will need to be paid to lighting plans
to ensure adjacent residential properties and the traveling
public is not impacted by glare, as determined by the City
of Meridian. .
6.2.15 Signage shall be limited to one low-profile monument type
sign near the intersection of Franldin Road and Locust
Grove Road. Detailed signage plans will be subject to
design review.
6.2.16Construct five-foot-wide sidewalks along the entire
frontages of Franldin Road and Locust Grove Road.
6.2. 17Revise site plan to show screened trash enclosures.
Coordinate locations and construction requirements with
Meridian Sanitary Service, Inc., and provide a letter of
approval from their office prior to applying for building
permits.
6.2. 1 8 Provide handicapped accessible parking spaces in
accordance with the Americans with Disabilities Act. All
building and parking lot construction needs to meet the
requirements of the Americans with Disabilities Act.
6.2.19The parking areas shown do not meet minimum Ordinance
requirements of a 9' x 9' stall with a minimum 25' driveway
aisle. The parking dimensions shown could be acceptable
given consideration for bumper overhang; however, the
DEVELOPMENT AGREEMENT - 6
adjacent walkways should either be divided by a planing
strip or increased in width to a minimum of seven feet
wide.
6.2.20Drainage swales should not be within the landscape
setbaclΠalong Franklin and Locust Grove, as they do not
provide buffering.
6.2.21 Provide a landscaped setback of 35 feet beyond required
right-of-way along Franklin Road.
6.2.22No City water will be allowed for landscape irrigation.
6.2.23 Six-foot-high, permanent perimeter fencing and buffering
shall be provided adjacent to the existing residential use.
6.2.25 Five Mile Creek is designated as multiple use pathway in
the Meridian Comprehensive Plan. Fish, wildlife and
vegetation species and habitat should be protected and
maintained, provided it is in the best interests of the City
of Meridian. Consideration should be made for the land
uses in these areas to minimize the risk of pollution and to
preserve the natural beauty of Five Mile Creek.
6.2.26Due to the topography of the site, the parcel currently
accepts drainage water from the residential properties to
the south. This drainage will need to be accommodated
for in the development of the property.
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 "Developer" or "Developer's" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing
Development of subject "Property" of this agreement within two (2) years of
the date this Agreement is effective, and after the "City" has complied with the
notice and hearing procedures as outlined in r.c. § 67-6509, or any subsequent
amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
DEVELOPMENT AGREEMENT - 7
,~
"Developer" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply
with this Agreement to "Developer" and if the "Developer" fails
to cure such failure within six (6) months of such notice.
9. INSPECTION: "Developer" shall, immediately upon completion of
any portion or the entirety of said development of the "Property" as required
by this agreement or by City ordinance or policy, notify the City Engineer and
request the City Engineer's inspections and written approval of such completed
improvements or portion thereof in accordance with the terms and conditions
of this Development Agreement and all other ordinances of the "City" that
apply to said Development.
10.
DEFAULT:
10.1 In the event "Developer", "Developer's" heirs, successors, assigns,
or subsequent owners of the "Property" or any other person
acquiring an interest in the "Property", fail to faithfully comply
with all of the terms and conditions included in this Agreement
in connection with the "Property", this Agreement may be
modified or terminated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
10.2 A waiver by "City" of any default by "Developer" of anyone or
more of the covenants or conditions hereof shall apply solely to
the breach and breaches waived and shall not bar any other rights
or remedies of "City" or apply to any subsequent breach of any
such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer's" cost, and submit proof of such recording to
"Developer", prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and zoning of the "Property" by the City
Council. 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 - 8
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 "Developer", or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be
sought by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein.
13.1 In the event of a material breach of this Agreement, the parties
agree that "City" and "Developer" shall have thirty (30) days
after delivery of notice of said breach to correct the same prior to
the non-breaching party's seeking of any remedy provided for
herein; provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall prosecute
the curing of same with diligence and continuity, then the time
allowed to cure such failurè may be extended for such period as
may be necessary to complete the curing of the same with
diligence and continuity.
13.2 In the event the performance of any covenant to be performed
hereunder by either "Developer" or "City" is delayed for causes
which are beyond the reasonable control of the party responsible
for such performance, which shall include, without limitation,
acts of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time of
such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable
bonds, as allowed under 11-9-606 C of the Meridian City Code, to insure that
installation of the improvements, which the "Developer" agrees to provide, if
required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no
Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Developer" have entered into an addendum agreement
stating when the improvements will be completed in a phased developed; and
DEVELOPMENTAGREEMENT-9
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"
'.
in any event, no Certificates of Occupancy shall be issued in any phase in
which the improvements have not been installed, completed, and accepted by
the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to
abide by all ordinances of the City of Meridian and the "Property" shall be
subject to de-annexation if the owner or his assigns, heirs, or successors shall
not meet the conditions contained in the Findings of Fact and Conclusions of
Law, this Development Agreement, and the Ordinances of the City of
Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three
(3) days after deposit in the United States Mail, registered or certified mail,
postage prepaid, return receipt requested, addressed as follows:
CITY:
DEVELOPER:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Ionic Enterprises, Inc., a California
Corporation, authorized to do business
In Idaho as a foreign corporation, do
Homco Development Co., Inc., 1664
Goldking Way, Boise, Idaho 83709
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
17.1 A party shall have the right to change its address by delivering to
the other party a written notification thereof in accordance with
the requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled,
in addition to any other relief as may be granted, to court costs and reasonable
attorney's fees as determined by a Court of competent jurisdiction. This
provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
DEVELOPMENT AGREEMENT - 10
19. TIME IS OF THE ESSENCE: The parties hereto aclœowledge 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 "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 "Developer", to
execute appropriate and recordable evidence of termination of this Agreement
if "City", in its sole and reasonable discretion, had determined that
"Developer" has fully performed its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to
be excised from this Agreement and the invalidity thereof shall not affect any
of the other provisions contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer"
and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or
implied, between "Developer" and "City", other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the parties hereto
unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions governing
development of the subject "Property" herein provided for can be
modified or amended without the approval of the City Council
after the ""City" has conducted public hearing(s) in accordance
with the notice provisions provided for a zoning designation
DEVELOPMENT AGREEMENT - 11
and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT - 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
IONIC ENTERPRlSES, INc., a California
Corporation
BY:
Paul F. Stamas, President
Developer
Attest:
Secretary
BY RESOLUTION NO.
CITY OF MERlDIAN
BY:
MAYOR ROBERT D. CORRlE
Attest:
CITY CLERlC
BY RESOLUTION NO.-
ey/Z\Work\M\Meridian IS360MlCobbiestone ViliageIDevelopAgr
DEVELOPMENT AGREEMENT - 13
STATE OF CALIFORNIA)
:ss
COUNTY OF
, in the year 1999, before me,
a Notary Public, personally appeared
Paul F. Stamas and , known or identified to me to be
the President and Secretary of Ionic Enterprises, Inc., who executed the
instrument or the persons that executed the instrument of behalf of said
corporation, and aclalOwledged to me having executed the same on behalf of said
corporation.
On this- day of
(SEAL)
Notary Public for California
Commission expires:
STATE OF IDAHO
:ss
County of Ada
On this
)
day of
, in the year -, before
me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg,
know or identified to me to be the Mayor and Oerk, 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.
Notary Public for Idaho
Commission expires:
(SEAL)
DEVELOPMENT AGREEMENT - 14
EXHIBIT A
Legal Description Of Property
A parcel of land being a portion of the Northeast 1/4 of the
Northeast 1/4 of Section 18, T.3N., R,lE., Boise Meridian, Ada
County, Idaho, said parcel being more particularly described as
follows:
Commencing at a brass cap monumenting the northeast comer of
said Section 18, said comer being the TRUE POINT OF
BEGINNING, from which the North 1/4 comer of said Section 18
bears South 89°46'18" West 2,654.20 feet;
thence South 00°31'19" West 565.45 feet along the Easterly
boundary of said Section 18 and the center line of South Locust
Grove Road;
thence leaving said section line and center line South 89°41'24"
West 474.70 feet parallel with and lying 48.5 feet northerly from
the north line of that certain warranty deed recorded as
Instrument No. 700676 in the records of Ada County, Idaho to a
point on the Easterly boundary of Medimont Subdivision No.1
recorded in Book 75 of Plats at Page 7794 in the records of Ada
County, Idaho:
thence along the easterly boundary of said subdivision North
00°58'43" East 378.88 feet an angle point in said easterly boundary
line;
thence continuing along said easterly boundary line extended
North 02°14'38" West 187.40 feet to a point on the Northerly
boundary of said Section 18;
thence along said Northerly boundary North 89°46'18" East 480.70
feet to the TRUE POINT OF BEGINNING.
Said parcel contains 6.16 acres, more or less.
DEVELOPMENT AGREEMENT - 15
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - 16
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER 0 F THE
APPUCATION OF STAMAS
CORPORA TlON/IONIC
ENTERPRISES, INC., THE
APPUCATION FOR
ANNEXATION AND ZONING
OF 6.15 ACRES FOR
COBBLESTONE VILLAGE AT
THESOUT~STCORNER
OF LOCUST GROVE AND
FRANKLIN ROAD, MERIDIAN,
IDAHO
Case No. AZ.99-005
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTINGAPPUCA TION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on
for public hearing on the 6th of July, 1999, at the hour of 7:00 o'clock p.m., and
Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works
Director, appeared and testified, and appearing on behalf of the applicant were JoAnn
Butler, attorney for the applicant, Moe Therian, real estate appraiser for the
applicant, and Gary Lee with TUB Engineers, and Lance Fish, resident at 4232 Adam
Street, Boise and resides in the Lalcewood project which Mr. Peterson was involved in
for a single family residential neighborhood with apartments, and all having appeared
and testified in favor of the application, and Jim Witherell, Robert R. Smith, Morgan
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
Plant, Archie Roberson, Reece McMillan, Ted Hanson, Gene Presley, Ernie
Roberson, Jeri Smith, all having testified in opposition 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
1.
The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for July 6, 1999, before the City Council, the first publication appearing
and written notice having been mailed to property owners or purchasers of record
within three hundred (300') feet of the external boundaries of the property under
consideration more than fifteen (15) days prior to said hearing andwith the notice of
public hearing having been posted upon the property under consideration more than
one week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the July 6, 1999, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2.
There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-4l6E and 11-2-41 ìA,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.IS ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORi.'\JER OF LOCUST GROVE AND FRANKLIN ROAD
Municipal Code of the City of Meridian.
3.
The City Council talœs judicial notice of its zoning, subdivisions and
development ordinances coditìed at Title 11, Municipal Code of the City of
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994,
and maps and the ordinance Establishing the Impact Area Boundary.
4.
The property which is the subject to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full. The property is approximately 6.15 acres in size. The property is
located at the southwest corner of Locust Grove Road and Franklin Road, Meridian,
Idaho.
5.
l...<.1.<-
Gate Plaza 3558, Roseville, California, ~ acting on behalf of the record owners
of the property Monte C. and Beverley J. McClure of 2626 W. Penick Pointe Lane,
Meridian, Idaho, and has filed a written request for annexation and zoning.
6.
The property is presently zoned by Ada County as Rural Transition (R-
T), and consists of a vacant single family dwelling,
7.
The Applicant requests the property be zoned as High Density
Residential District (R-40).
8.
The Applicant has requested the annexation and this zoning, and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
application was not initiated at the request of the City of Meridian.
9.
The property is located at the southwest corner of Locust Grove Road
and Frarù<lin Road, Meridian, Idaho.
10.
The subject property is bordered to the west by Medimont
(Stonebridge) Subdivision, to the south and east by Ada County Rural Transitional
properties and the city limits of the City of Meridian are adjacent and abut to the
north of the subject property across Franklin Road, currently zoned General Retail
and Service Commercial (C-G).
11.
The land within the proposed annexation area is contiguous to the
present city limits of the City of Meridian, and the armexation would not be a
shoestring annexation.
12.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
13.
The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area isdefmed in the Meridian
Comprehensive Plan.
14.
The applicant proposes to develop the subject property in the following
manner: the construction and development of a 96-unitapartment complex, to
include: flow 24 Ulle ueùwui!l wùt3 t<l6 one bedroo'm units, §:em 10 t.w beàrooŒ
~ 58 two bedroom units. 24 three bedroom units, and 8 four bedroom units,
FINDINGS OF FACT Al"1D CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
,vith a density of 15.6 units per acre, parking of 192 spaces with 6 handicap
accessible parking spaces, with the following setbacks:
REOUIRED
PROPOSED
Front
Rear
Side
Street Side
20'
15'
0'
20'
35' (Franklin)
IS'
15'
20'
15.
The Applicant request zoning of the subject real property as High
Density Residential (R-40). It is consistent with the Meridian Comprehensive P]an
Generalized Land Use Map which designates the subject property as Mixed Use!
Planned Unit Development.
16.
Meridian, through its Comprehensive Plan, states as follows:
16.1 Encourages the future population growth of the City to locate
within the Area of City Impact. (Policy 1.1, Page E-9)
16.2 This area is contiguous with Meridian Urban Service Planning
Areas where "municipal services and utilities are available or
planned for. (Page E-3)
16.3 Meridian's policy is to use unimproved land in the Urban Service
Planning Area in order to "maximize public investments, curtail
urban sprawl and protect existing agricultural lands outside of
this Area ofImpact. (Page E-lO, Policy 1.3)
16.4 The Meridian Plan insists that no new residential development
should be approved outside of the Urban Service Planning Area.
The project is 10caIed within the Area of Impact. (Page £-10,
Policy 1.4)
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
16.5 The Comprehensive Plan acl<Ilowledges that meeting the
challenge of providing services to citizens requires the expansion
of the City's economic base along with creating new job
opportunities for citizens and creating new residential
opportunities. (Page E-15)
16.6 Housing is a dominate physical feature in the principal land use
within Meridian. As the region's population grows, the demand
for housing will increase. Meridian will continue to develop into
the ideal community only by maintaining and upgrading the
quality of existing and new dwelling units and at the same time
developing a strong commercial and industrial base. ((Page 66)
16.7 The location of the project supports the City's encouragement of
a wide diversity of housing types (single-family, modular, mobile
homes and multi-family) and choices between ownership and
rental units for all income groups in a variety of locations. (Page
E-67, Policy 1.1)
16.8 It is the Housing Goal of Meridian to provide a sufficient choice
of adequate housing in the community to meet the needs of
individuals of all socioeconomic baclcgrounds, the elderly and
disabled. (Page 66)
16.9 It is the policy of the City to support a variety of residential
choices for the purpose of providing the City with a range of
affordable housing opportunities. (Page 23, Policy 2.10) As
testified to at the July 6, 1999, City Council meeting, there is a
shortage of apartments to give Meridian residents choices. This
project helps Meridian meet its housing goals.
16.10 The City promotes the development of housing for all income
groups close to employment and shopping centers. (Page E-67,
Policy 14)
16.11 The application presents the City \\lith a unified, integrated
development, near major access thoroughfares. (Page E-68, Policy
1.19)
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE A1\JD FRA...I\.¡KLIN ROAD
16.12 The project fosters the policy of Meridian for compatible land
use and design (including an extensive landscape treatment for
the site). (Page E-19, Policy 1.8)
16.13 The project will ma,"åmize benefit to the residents, minimize
conflicts and provide a tie-in between residential areas and service
needs. (Page E-67, Policy 1.6)
17.
The City of Meridian's Comprehensive Plan calls for the timely
provision of adequate infrastructure including roads, sewer, water and drainage to
allow development of Commercial Activity Centers. The applicant will be extending
City services and will continue to work with the City, ACHD, and others to
coordinate the provision of infrastructure necessary to accommodate the project.
Costs of services in connection with the project will be paid for, in substantial parr,
by the applicant.
18.
The area included in the annexation and zoning request is intended to
be rezoned from the existing Ada County Rural Transitional (R-T). The area
included in the zoning amendment is within Meridian's Area of Impact. By
expanding the Area of Impact, Meridian has made the legislative determination that
this area is to be annexed and zoned from existing County zoning to City zoning.
19.
There has been change in the area of the project which dictates that the
property be zoned as requested. When the City of Meridian adopted its
Comprehensive Plan, it identified the area as appropriate for a Planned Unit
Development. When the City of Meridian adopted its Area of Impact, it determined
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRA.,l\,JK.LIN ROAD
that it would eventually annex the area. It is appropriate for the City of Meridian to
rezone from the existing County Rural Transitional zone to R-40, so that the City
can work with the developer to extend services further into the Area of ImpacL By
extending services, especially to property immediately contiguous to the City, the
City wi!! be able to meet its goal of extending services throughout the Area of Impact
over the next several years.
20.
As stated in Meridian's Comprehensive Plan, higher density residential
development must be provided to meet the growing demands of the community.
When adopting the Comprehensive Plan, the City acknowledged that, in the near
future, this area would demand new residential uses as a complimentary mb:: to the
existing employment opportunities.
21.
The proposed multi.family residential use will not be hazardous or
disturbing to existing or future uses. The residences will provide housing close to
jobs and services, and the conditions of approval recommended by Staff and the
Planning and Zoning Commission ensure compatibility.
The site plan depicts a park-like setting will be created for this project.
Extensive setbaclçs and fencing will be provided at the southern boundary of the site
to prevent disturbance to existing neighbors. One neighbor requested the applicant
consider erecting a masonry wall, and which the applicant agreed to construct.
Design details should be worked out with Staff and the Planning and Zoning
FINDINGS OF FACT A.1\ID CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION At'\TD ZON]NG/6.l5 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
Commission. The windows have been designed to look away from the existing
residences in the area, The project will therefore be a compatible project.
22.
The City's Comprehensive Plan and Zoning Ordinance calls for the
provision of adequate infrastructUre including roads, waste disposal and water to
allow development. Ionic Enterprises is required to work with the City, ACHD, and
others to coordinate the provision of services necessary to accommodate the project.
The City has received testimony from the agencies and departments and there
have been no objections from those entities.
23.
This project is a natural progression of the development of Meridian's
Area of Impact, which Meridian previously has identified for development.
Development of the location ensures public facilities will be e..'Ctended to all areas
within the Area of Impact in a reasonable, progressive manner. The COSt for most of
these services will be funded by the applicant. The project will not be detrimental to
the economic welfare of the community, but will help ensure that Meridian can
provide the service it has planned for this portion of the Area of Impact.
24.
The project is proposed as a conditional use, and through the City's
Staff and Planning and Zoning Commission, will set a number of conditions of
approval to ensure that any potential detrimental element (such as lights) will not be
excessive, and will be minimized.
25.
The City's professional traffic engineer and ACHD have determined
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
that the project will not unduly burden the road system. Additionally, the appJicant
asked JUB Engineers to prepare a traffic study for the proposed project, which study
revealed the street system is adequate to serve the project. The study was presented
at the Planning and Zoning Commission meeting.
26.
The two intended accesses are located at Franl<:lin Road, approximately
400 feet west of the intersection with Locust Grove. The other access is
approximately 400 feet south of the intersection on Locust Grove. Site distances are
adequate from both locations. It has been found that there would be no undue
interference with existing or future traffic patterns.
27.
The project will not result in the destruction, loss or damage of a natural
or scenic feature of major importance.
28.
The project is designed to be compatible with and to further the goals,
objectives, policies, and programs of the Comprehensive Plan, which goals have been
adopted by the City to promote the public convenience and welfare. The project
assists the City in improving the economic, social, and physical health of the
community through better land use policies that do not violate private property
rights, adversely impact property values, orcreate unnecessary technical limitations
on the use of private property. The project is designed to create a cohesive planned
residential project and thus would achieve public benefits envisioned by the City of
Meridian's Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
29.
The annexation and zoning and conditional use requested supports the
goals and objectives of the Comprehensive Plan in the Meridian Area of Impact and
Urban Services Planning Area.
30.
Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Planning and Zoning and Assistant to City Engineers Staff conunents of
April 9, 1999, as follows:
30.1 Any existing irrigation/drainage ditches crossing the property to
be included in this project, shall be tiled per City Ordinance 11-9-
605.M. The ditches to be piped should be shown on the site
plans. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling
of any ditches crossing this project.
30.2 Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic services per
City Ordinance Section 5-7-517. Wells may be used for non-
domestic purposes such as landscape irrigation.
30.3 Off-street parking shall be provided in accordance with Section
11-2-414 of the City of Meridian Zoning and Development
Ordinance and/or as detailed in site-specific requirements.
30.4 Paving and striping shall be in accordance with the standards set
forth in Sections 11-2-414.D.4 and 11-2-414.D.5. of the City of
FINDINGS OF FACT .AND CONCLUSIONS OF LAW - Page 11
AND DECISION .AND ORDER GRANTING APPLICATION
FOR.ANNEXATION A..'\fD ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
Meridian Zoning and Development Ordinance and in accordance
with Americans with Disabilities Act (ADA) requirements.
30.5 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
for all off.street parking areas. All site drainage shall be
contained and disposed of on-site.
30.6 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Section 11-2-414.D.3.
30.7 All sign age shall be in accordance with the standards set forth in
Section 11-2-415 of the City of Meridian Zoning and
Development Ordinance. No temporary signage, flags, banners or
flashing signs will be permitted.
30.8 Provide five-foot-wide sidewalks in accordance \vith City
Ordinance Section 11-9-606.B.
30.9 All construction shall conform to the requirements of the
Americans with Disabilities Act.
30.10 Provide revised site plan detailing all existing and proposed
utilities for review by the Meridian Public Works Department.
Designer is to coordinate sizing and routing of sanitary sewer and
water within the development with the Public Works
Department.
30.11 Provide Public Works Department with information on
anticipated fire flow and domestic water requirements for the
proposed site. Flow and pressure from the existing mains should
be monitored with the Meridian Water Department to determine
whether adequate fire protection exists.
30.12 Applicant shall be required to enter into an Assessment
Agreement with the City of Meridian. In addition to tllese
assessments, "Late Comers" fees may also be charged against this
parcel to help reimburse the parties responsible for installing
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AL"JD ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/615 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
mains to their current points.
30.13 A total of 57 three-inch caliper trees are required for the project.
Due to the issues of entryway corridors and buffering of adjacent
properties, trees in addition to the required three-inch caliper
trees should be provided. Landscape buffers on Locust Grove
Road and Franklin road need to show detailed vegetation and
tree plantings. Sodding only of these areas is not acceptable.
Provide detailed landscape plan for review and approval.
30.14 Particular attention win need to be paid to lighting plans to
ensure adjacent residential properties and the traveling public is
not impacted by glare, as determined by the City of Meridian.
30.15 Signage shall be limited to one low-profile monument type sign
near the intersection of Franklin Road and Locust Grove Road.
Detailed signage plans will be subject to design review.
30.16 Construct five-foot-wide sidewalks along the entire frontages of
Franklin Road and Locust Grove Road.
30.17 Revise site plan to show screened trash enclosures. Coordinate
locations and construction requirements with Meridian Sanitary
Service, Inc., and provide a letter of approval from their office
prior to applying for building permits.
30.18 Provide handicapped accessible parking spaces in accordance witl1
the Americans with Disabilities Act. All building and parking Jot
construction needs to meet the requirements of the Americans
with Disabilities Act.
30.19 The parking areas shown do not meet minimum Ordinance
requirements of a 9' x 9' slall with a minimum 25'driveway aisle.
The parking dimensions shown could be acceptable given
consideration for bumper overhang; however, the adjacent
walk\'vays should either be divided by a planing ,trip or increased
in width to a minimum of seven feet wide.
30.20 Drainage swales should not be within the landscape setbacks
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE 'vlLLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
along Franldin and Locust Grove, as they do not provide
buffering.
30.21 Provide a landscaped setbaclc of 35 feet beyond required right-of-
way along Franklin Road.
30.22 No City water will be allowed for landscape irrigation.
30.23 Six-foot-high, permanent perimeter fencing and buffering shall be
provided adjacent to the existing residential use.
30.24 A development agreement is required as a condition of
annexation. The development agreement should incorporate a
limitation on maximum density, buffering details, entryway
corridor requirements, etc.
30.25 Five Mile Creek is designated as multiple use pathway in the
Meridian Comprehensive Plan. Fish, wildlife and vegetation
species and habitat should be protected and maintained, provided
it is in the best interests of the City of Meridian. Consideration
should be made for the land uses in these areas to minimize the
risk of pollution and to preserve the natural beauty of Five Mile
Creek.
30.26 Due to the topography of the site, the parcel currently accepts
drainage water from the residential properties to the south. This
drainage will need to be accommodated for inthe development of
the property.
31.
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. 30, and all
subparts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
32.
The property can be physically serviced with City water and sewer, if
applicant extends the lines.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-
2-417 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 'Comprehensive Plan City of Meridian adopted
December 21,1993, Ord. No. 629, January 4,1994.
4.
The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.1
Encourages the future population growth of the City to locate
within the Area of City Impact. (Policy 1.1, Page E-9)
4.2
This area is contiguous with Meridian Urban Service Planning
Areas where "municipal services and utilities are available or
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
. .
4.3
4.4
4.5
4.6
4.7
4.8
4.9
planned for. (Page E-3)
Meridian's policy is to use unimproved land in the Urban Service
Planning Area in order to "maximize public investments, curtail
urban sprawl and protect existing agricultural lands outside of
this Area of Impact. (Page E-IO, Policy 1.3)
The Meridian Plan insists that no new residential development
should be approved outside of the Urban Service Planning Area.
The project is located within the Area of Impact. (Page E-l 0,
Policy 1.4)
The Comprehensive Plan acknowledges that meeting the
challenge of providing services to citizens requires the expansion
of the City's economic base along with creating new job
opportunities for citizens and creating new residential
opportunities. (Page E-15)
Housing is a dominate physical feature in the principal land use
within Meridian. As the region's population grows, the demand
for housing will increase. Meridian will continue to develop into
the ideal community only by maintaining and upgrading the
quality of existing and new dwelling units and at the same time
developing a strong commercial and industrial base. ((Page 66)
The location of the project supports the City's encouragement of
a wide diversity of housing types (single-family, modular, mobile
homes and multi-family) and choices between ownership and
rental units for all income groups in a variety of locations. (Page
E-67, Policy 1.1)
It is the Housing Goal of Meridian to provide a suffident choice
of adequate housing in the community to meet the needs of
individuals of all socioeconomic backgrounds, the elderly and
disabled. (Page 66)
It is the policy of the City to support a variety of residential
choices for the purpose of providing the City with a range of
affordable housing opportunities. (Page 23, Policy 2. I U) As
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.l5 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
testified to at the July 6, 1999, City Council meeting, there is a
shortage of apartments to give Meridian residents choices. This
project helps Meridian meet its housing goals.
4,10 The City promotes the development of housing for all income
groups close to employment and shopping centers. (Page E-67,
Policy 1.4)
4.11 The application presents the City with a unified, integrated
development, near major access thoroughfares. (Page E-68, Policy
1.19)
4.12 The project fosters the policy of Meridian for compatible land
use and design (including an extensive landscape treatment for
the site). (Page E.19, Policy 1.8)
4.13 The project will maximize benefit to the residents, minimize
conflicts and provide a tie-in between residential areas and service
needs. (Page £-67, Policy 1.6)
5.
The requested zoning of (R-40) High Density Residential District is
defined in the Zoning Ordinance at 11-2-408 B. 6. as follows:
(R-40) High Density Residential District: The purpose of the (R-40)
District is to permit the establishment of high density residential uses at
a density not exceeding forty (4) dwelling units per acre. Connection to
the Municipal Water and Sewer systems of the City of Meridian is
required.
6.
That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, A,
Residential, lists residential uses allowed in the various zoning districts of the City;
that apartments are listed as conditional uses in the High Density Residential District
(R-40).
7.
By authority of the City of Meridian under the Comprehensive Plan, a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEX/I.TION AND ZONING/6.1S ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
. ,
conditional use permit is required for Applicant to construct and develop a 96-unit
apartment complex on this parcel of land.
8.
Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
9.
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 11-9-616 which pertains to development time schedules and requirements;
Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B
14., which pertains to pressurized irrigation systems.
10.
The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
11.
Section 11-2417 D of the Zoning and Development Ordinance provides
in part as follows:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer malœ a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
. r .
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Counòl does
hereby Order and this does Order:
1. The application for annexation and a zoning designation of High
Density Residential District (R-40) of 6.15 acres located at the southwest corner of
Locust Grove Road and Franldin Road is granted.
2. The legal description shall be prepared by a Registered Land Surveyor,
Licensed by the State of Idaho, and shall conform to all the provisions of the City of
Meridian Resolution No. 158. The legal description for annexation must place this
parcel contiguous to the Corporate City Limits per Ordinance No. 686. (See the
legal description attached as Exhibit "A" and incorporated here as if set forth in full.)
3. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation. (R-40) High
Density Residential Ordinance which shall not be finally approved by the City
Council until provisions of part 2 and 4 of this order have been met.
~~\I
4. Developer enter into a Development Agreement, that provides in the
event the conditions ili'erein are not met by the Developer that the .property shall be
subject to de-annexation, ~vith the City of Meridian which provides for the following
conditions of development to.wit:
'f
4.1
4.2
4.3
Any existing irrigation/drainage ditches crossing the property to
be included in this project, shall be tiled per City Ordinance 11-9-
605.M. The ditches to be piped should be shown on the site
plans. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling
of any ditches crossing this project.
Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic services per
City Ordinance Section 5-7-517. Wells maybe used for non-
domestic purposes such as landscape irrigation.
Off-street parking shall be provided in accordance ~vith Section
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.IS ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
4.4
4.5
4.6
4.7
4.8
4.9
11-2-414 of the City of Meridian Zoning and Development
Ordinance and/or as detailed in site-specific requirements.
Paving and striping shall be in accordance with the standards set
forth in Sections 11-2-414.D.4 and 11-2-414.D.5. of the City of
Meridian Zoning and Development Ordinance and in accordance
with Americans with Disabilities Act (ADA) requirements.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
for all off-street parking areas. All site drainage shall be
contained and disposed of on-site.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Section 11-2-414.D.3.
All signage shall be in accordance with the standards set forth in
Section 11-2-415 of the City of Meridian Zoning and
Development Ordinance. No temporary signage, flags, banners or
flashing signs will be permitted.
Provide five. foot-wide sidewalks in accordance with City
Ordinance Section 1l.9-606.B.
All construction shall conform to the requirements of the
Americans with Disabilities ACt. .
4.10 Provide revised site plan detailing all existing and proposed
utilities for review by the Meridian Public Works Department.
Designer is to coordinate sizing and routing of sanitary sewer and
water within the development with the Public Works
Department.
4.11 Provide Public Works Department with information on
anticipated fire now and domestic water requirements for the
proposed site. Flow and pressure from the existing mains should
be monitored with the Meridian Water Department to determine
whether adequate fire protection exists.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILU\.GE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
, . .
4.12 Applicant shall be required to enter into an Assessment
Agreement with the City of Meridian. In addition to these
assessments, "Late Comers" fees may also be charged against this
parcel to help reimburse the parties responsible for instalJing
mains to their current points.
4,13 A total of 57 three-inch caliper trees are required for the project.
Due to the issues of entryway corridors and buffering of adjacent
properties, trees in addition to the required three-inch caliper
trees should be provided. Landscape buffers on Locust Grove
Road and Franklin road need to show detailed vegetation and
tree plantings. Sodding only of these areas is not acceptable.
Provide detailed landscape plan for review and approval.
4.14 Particular attention will need to be paid to lighting plans to
ensure adjacent residential properties and the traveling public is
not impacted by glare, as determined by the City of Meridian.
4.15 Signage shall be limited to one low-profile monument type sign
near the interseCtion of Franklin Road and Locust Grove Road.
Detailed signage plans will be subjeCt to design review.
4.16 Construct five. foot-wide sidewalks along the entire frontages of
Franklin Road and Locust Grove Road.
4.17 Revise site plan to show screened trash enclosures. Coordinate
locations and construction requirements with Meridian Sanitary
Service, Inc., and provide a letter of approval from their office
prior to applying for building permits.
4.18 Provide handicapped accessible parking spaces in accordance with
the Americans with Disabilities Act. All building and parking lot
construction needs to meet the requirements of the Americans
with Disabilities Act,
4.19 The parking areas shown do not meet minimum Ordinance
requirements of a 9' x 9' stall with a minimum 25' driveway aisle.
The parking dimensions shown could be acceptable given
consideration for bumper overhang; however, the adjacent
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
,. '
walkways should either be divided by a planing strip or increased
in width to a minimum of seven feet wide.
4.20 Drainage swales should not be within the landscape setbacks
along Franldin and Locust Grove, as they do not provide
buffering.
4.21 Provide a landscaped setback of 35 feet beyond required right-of-
way along Franldin Road.
4.22 No City water will be allowed for landscape irrigation.
4.23 Six-foot-high, permanent perimeter fencing and buffering shall be
provided adjacent to the existing residential use.
4.25 Five Mile Creek is designated as multiple use pathway in the
Meridian Comprehensive Plan. Fish, wildlife and vegetation
species and habitat should be protected and maintained, provided
it is in the best interests of the City of Meridian. Consideration
should be made for the land uses in these areas to minimize the
risk of pollution and to preserve the natural beauty of Five Mile
Creek.
4.26 Due to the topography of the site, the parcel currently accepts
drainage water from the residential properties to the south. This
drainage will need to be accommodated for in the development of
the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held July 20, 1999.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED~
COUNCILMAN GLENN BENTLEY
VOTED~
COUNCILMAN KEITH BIRD
VOTEDt-
COUNCILMAN CHARLIE ROUNTREE
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 7-2Ð -rr
VOTED-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
MOTION, ~
APPROV .
DISAPPROVED:-
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
Bye~A~
ity Clerk .
? "..J-.t? ~f c¡
Dated:
msgiZ:\Wo,k\M\Merid;on 15360M\CobbleSlone Village\AZFfCls
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
State of Idaho
Office of the Secretary of State
CERTIFICATE OF AUTHORITY
OF
~ONIC ENTERPRISES, INe.
File number C 1308í9
I.. PETE T. CENARRUSA Secretary of State of the State of Idaho, hereby certify
that an Application for Certificate of Authority to transact business in this State, duly
executed pursuant to the provisions of the Idaho Business Corporation Act. have been
received in this office and are found to conform to law.
ACCORDINGL Y and bv virtue of the authority vested in me by law, I issue this
Certificate of Authority to transact business in this State attach hereto a duplicate of the
Application for such Certificate.
Dated: October 19, 1999
~n~
SECRETARY OF STATE
By
ß ..'
r J (! L t {/v ---E:r:.rA
202
APPLICATION FOR CERTIFICATE OF AUTHORITY (For Profit)
(Instructions on Back of Application)
To the Secretary of State of Idaho:
The undersigned Corporation applies for a Certificate of Authority and states as follows:
<f>
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1. The name of the corporation is
Ionic Enterprises, Inc.
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2. The name which it shall use in Idaho is
Ionic Enterprises, Inc.
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3. Itisincorporatedundertheiawsof California
4. Its date of incorporation is (ì/7 -, , ;::;: I. /<f'1J t:
5. TheaddressofitsprinC¡paú"fficeis One Sierra Gate Plaza 355B.
Roseville, CA
~." ,
95678
6. The address to which correspondence should be addressed, if different from item 5, is
7. Thestreetaddressofitsregisteredofficeinldahois 1664 S. Goldking Way, Boise, ID
83709 , and its registered agent in Idaho atlhat address is Bryce Peterson
8. The names and respective business addresses of its directors and officers are:
Name
Office
Director / Pre.5.
Paul Z. Stamas
Debbie A. Stamas
Director
Dated:
~~
Paul Stamas
President
Its
(specify capacity of signer)
Address
5080 Wexburg Circle
Granite Bay, CA
95746
same
Customer Acct # :
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SECRETARY OF STATE
CERTIFICATE OF STATUS
DOMESTIC CORPORATION
L BILL JONES, Secretary of State of the State of California, hereby certify:
21st January
98
,19_,
That on the
day of
IONIC ENTERPRISES, INC.
became incorporated under the laws of the State of CaliFornia by filing its Articles of
Incorporation in this office; and
That no record exists in this office of a certiFicate of dissolution of said corporation
nor of a court order declaring dissolution thereof, nor of a merger or consolidation which
terminated its existence; and
That said corporation's corporate powers, rights and privileges are not suspended on
the records of this office; and
That according to the records of this office, the said corporation is authorized to
exercise all its corporate powers, rights and privileges and is in good legal standing in the
State of CaliFornia; and
That no inFormation is available in this office on the Financial condition. business
activity or practices of this corporation.
"",m'",. ".""",. "'"
IN WITNESS WHEREOF, I execute this
certificate and affix the Great Seal of
the State of California this day of
October 5, 1999
Secretary of State
~sp 99 2098'
QW
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
Attest:
IONIC ENTERPRlSES, INc., a California
Corporation
BY:
Paul F. Stamas, President
Developer
Secretary
BY RESOLUTION NO.
Attest:
J!~~&~,~
CITY CLERlC ~7
BY RESOLUTION NO. 26B
CITY OF MERlDIAN
I"
eyŒIWorklMlMeridtan 15360MICobbieSlone VillageIDevelopAgr
DEVELOPMENT AGREEMENT - 13
STATE OF CALIFORNIA)
:ss
COUNTY OF
, in the year 1999, before me,
a Notary Public, personally appeared
Paul F. Stamas and , known or identified to me to be
the President and Secretary of Ionic Enterprises, Inc., who executed the
instrument or the persons that executed the instrument of behalf of said
corporation, and acknowledged to me having executed the same on behalf of said
corporation.
On this- day of
(SEAL)
Notary Public for California
Commission expires:
STATE OF IDAHO
:ss
County of Ada A
On this /6
)
day of AJdHrnh_n.~
, in the year Lili, before
me, a Notary Public, personally appeared Robert D. Corrie 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.
âdiv 11 ~
Notary Public for Idaho
Commission expires: ///ò>-o'l
DEVELOPMENT AGREEMENT - 14
EXHIBIT A
Legal Description Of Property
A parcel of land being a portion of the Northeast 1/4 of the
Northeast 1/4 of Section 18, T.3N., R.lE., Boise Meridian, Ada
County, Idaho, said parcel being more particularly described as
follows:
Commencing at a brass cap monumenting the northeast comer of
said Section 18, said comer being the TRUE POINT OF
BEGINNING, from which the North 114 corner of said Section 18
bears South 89°46'18" West 2,654.20 feet;
thence South 00°31'19" West 565.45 feet along the Easterly
boundary of said Section 18 and the center line of South Locust
Grove Road;
thence leaving said section line and center line South 89°41'24"
West 474.70 feet parallel with and lying 48.5 feet northerly from
the north line of that certain warranty deed recorded as
Instrument No. 700676 in the records of Ada County, Idaho to a
point on the Easterly boundary of Medimont Subdivision No.1
recorded in Book 75 of Plats at Page 7794 in the records of Ada
County, Idaho:
thence along the easterly boundary of said subdivision North
00°58'43" East 3 7 8.88 feet an angle point in said easterly boundary
line;
thence continuing along said easterly boundary line extended
North 02°14'38" West 187.40 feet to a point on the Northerly
boundary of said Section 18;
thence along said Northerly boundary North 89°46'18" East 480.70
feet to the TRUE POINT OF BEGINNING.
Said parcel contains 6.16 acres, more or less.
DEVELOPMENT AGREEMENT - 15
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - 16
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF STAMAS
CORPORATION/IONIC
ENTERPRISES, INC., THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 6.15 ACRES FOR
COBBLESTONE VILLAGE AT
THE SOUTHWEST CORNER
OF LOCUST GROVE AND
FRANKLIN ROAD, MERIDIAN,
IDAHO
Case No. AZ-99-Q05
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on
for public hearing on the 6th of July, 1999, at the hour of 7:00 o'clock p.m., and
Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works
Director, appeared and testified, and appearing on behalf of the applicant were JoAnn
Butler, attorney for the applicant, Moe Therian, real estate appraiser for the
applicant, and Gary Lee with JUB Engineers, and Lance Fish, resident at 4232 Adam
Street, Boise and resides in the Lakewood project which Mr. Peterson was involved in
for a single family residential neighborhood with apartments, and all having appeared
and testified in favor of the application, and Jim Witherell, Robert R. Smith, Morgan
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
Plant, Archie Roberson, Reece McMillan, Ted Hanson, Gene Presley, Ernie
Roberson, Jeri Smith, all having testified in opposition 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
1.
The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for July 6, 1999, before the City Council, the first publication appearing
and written notice having been mailed to property owners or purchasers of record
within three hundred (300') feet of the external boundaries of the property under
consideration more than fifteen (15) days prior to said hearing and with the notice of
public hearing having been posted upon the property under consideration more than
one week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the July 6, 1999, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2.
There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417 A,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
Municipal Code of the City of Meridian.
3.
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
City of Meridian adopted December 21, 1993, Ordinance No, 629, January 4,1994,
and maps and the ordinance Establishing the Impact Area Boundary.
4.
The property which is the subject to the application for annexation and
zoning is described in the application, and by this reference.is incorporated herein as
if set forth in full. The property is approximately 6.15 acres in size. The property is
located at the southwest corner of Locust Grove Road and Franklin Road, Meridian,
Idaho.
5.
The Applicants, Stamas CorporationlIonic Enterprises, Inc., of 1 Sierra
Gate Plaza 3558, Roseville, California! and are acting on behalf of the record owners
of the property Monte C. and Beverley J. McClure of 2626 W. Penick Pointe Lane,
Meridian, Idaho, and has filed a written request for annexation and zoning.
6.
The property is presently zoned by Ada County as Rural Transition (R-
T), and consists of a vacant single family dwelling.
7.
The Applicant requests the property be zoned as High Density
Residential District (R-40).
8.
The Applicant has requested the annexation and this zoning, and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
application was not initiated at the request of the City of Meridian.
9.
The property is located at the southwest corner of Locust Grove Road
and Franklin Road, Meridian, Idaho.
10.
The subject property is bordered to the west by Medimont
(Stonebridge) Subdivision, to the south and east by Ada County Rural Transitional
properties and the city limits of the City of Meridian are adjacent and abut to the
north of the subject property across Franklin Road, currently zoned General Retail
and Service Commercial (C-G).
11.
The land within the proposed annexation area is contiguous to the
present city limits of the City of Meridian, and the annexation would not be a
shoestring annexation.
12.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
13.
The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
14.
The applicant proposes to develop the subject property in the following
manner: the construction and development of a 96-unit apartment complex, to
include: from 24 one bedroom units to 6 one bedroom units, from 40 two bedroom
units to 58 two bedroom units, 24 three bedroom units, and 8 four bedroom units,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
" :.,.
with a density of 15.6 units per acre, parking of 192 spaces .with 6 handicap
accessible parking spaces, with the following setbaclcs:
REOUIRED
PROPOSED
Front
Rear
Side
Street Side
20'
15'
0'
20'
35' (Franklin)
15'
15'
20'
15.
The Applicant request zoning of the subject real property as High
Density Residential (R-40). It is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Mixed Use!
Planned Unit Development.
16.
Meridian, through its Comprehensive Plan, states as follows:
16.1 Encourages the future population growth of the City to locate
within the Area of City Impact. (Policy 1.1, Page E-9)
16.2 This area is contiguous ,vith Meridian Urban Service Planning
Areas where "municipal services and utilities are available or
planned for. (Page E-3)
16.3 Meridian's policy is to use unimproved land in the Urban Service
Planning Area in order to "maximize public investments, curtail
urban sprawl and protect existing agricultural lands outside of
this Area ofImpact. (Page E-IO, Policy 1.3)
16.4 The Meridian Plan insists that no new residential development
should be approved outside of the Urban Service Planning Area.
The project is located within the Area of Impact. (Page E-IO,
Policy 1.4)
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
16.5 The Comprehensive Plan acknowledges that meeting the
challenge of providing services to citizens requires the expansion
of the City's economic base along with creating new job
opportunities for citizens and creating new residential
opportunities. (Page E-15)
16.6 Housing is a dominate physical feature in the principal land use
within Meridian. As the region's population grows, the demand
for housing will increase. Meridian will continue to develop into
the ideal community only by maintaining and upgrading the
quality of existing and new dwelling units and at the same time
developing a strong commercial and industrial base. ((Page 66)
16.7 The location of the project supports the City's encouragement of
a wide diversity of housing types (single-family, modular, mobile
homes and multi-family) and choices between ownership and
rental units for all income groups in a variety of locations. (Page
£-67, Policy 1.1)
16.8 It is the Housing Goal of Meridian to provide a sufficient choice
of adequate housing in the community to meet the needs of
individuals of all socioeconomic backgrounds, the elderly and
disabled. (Page 66)
16.9 It is the policy of the City to support a variety of residential
choices for the purpose of providing the City with a range of
affordable housing opportunities. (Page 23, Policy 2.1 U) As
testified to at the July 6, 1999, City Council meeting, there is a
shortage of apartments to give Meridian residents choices. This
project helps Meridian meet its housing goals.
16.10 The City promotes the development of housing for all income
groups close to employment and shopping centers. (Page £-67,
Policy 1.4)
16.11 The application presents the City with a unified, integrated
development, near major access thoroughfares. (Page E-68, Policy
1.19)
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
16.12 The project fosters the policy of Meridian for compatible land
use and design (including an extensive landscape treatment for
the site). (Page E-19, Policy 1.8)
16.13 The project will maximize benefit to the residents, minimize
conflicts and provide a tie-in between residential areas and service
needs. (Page E-67, Policy 1.6)
17.
The City of Meridian's Comprehensive Plan cans for the timely
provision of adequate infrastructure including roads, sewer, water and drainage to
allow development of Commercial Activity Centers. The applicant will be extending
City services and win continue to work with the City, ACHD, and others to
coordinate the provision of infrastructure necessary to accommodate the project.
Costs of services in connection with the project will be paid for, in substantial part,
by the applicant.
18.
The area included in the annexation and zoning request is intended to
be rezoned from the existing Ada County Rural Transitional (R-T). The area
included in the zoning amendment is within Meridian's Area of Impact. By
expanding the Area of Impact, Meridian has made the legislative determination that
this area is to be annexed and zoned from existing County zoning to City zoning.
19.
There has been change in the area of the project which dictates that the
property be zoned as requested. When the City of Meridian adopted its
Comprehensive Plan, it identified the area as appropriate for a Planned Unit
Development. When the City of Meridian adopted its Area of Impact, it determined
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
that it would eventually annex the area. It is appropriate for the City of Meridian to
rezone from the existing County Rural Transitional zone to R-40, so that the City
can work with the developer to extend services further into the Area of Impact. By
extending services, especially to property immediately contiguous to the City, the
City will be able to meet its goal of extending services throughout the Area of Impact
over the next several years.
20.
As stated in Meridian's Comprehensive Plan, higher density residential
development must be provided to meet the growing demands of the community.
When adopting the Comprehensive Plan, the City acknowledged that, in the near
future, this area would demand new residential uses as a complimentary mix to the
existing employment opportunities.
21.
The proposed multi-family residential use will not be hazardous or
disturbing to existing or future uses. The residences will provide housing close to
jobs and services, and the conditions of approval recommended by Staff and the
Planning and Zoning Commission ensure compatibility.
The site plan depicts a park-like setting will be created for this project.
Extensive setbacks and fencing will be provided at the southern boundary of the site
to prevent disturbance to existing neighbors. One neighbor requested the applicant
consider erecting a masonry wall, and which the applicant agreed to construct.
Design details should be worked out with Staff and the Planning and Zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
Commission. The ,vindows have been designed to look away from the existing
residences in the area. The project will therefore be a compatible project.
22.
The City's Comprehensive Plan and Zoning Ordinance calls for the
provision of adequate infrastructure including roads, waste disposal and water to
allow development. Ionic Enterprises is required to work with the City, ACHD, and
others to coordinate the provision of services necessary to accommodate the project.
The City has received testimony from the agencies and departments and there
have been no objections from those entities.
23.
This project is a natural progression of the development of Meridian's
Area of Impact, which Meridian previously has identified for development.
Development of the location ensures public facilities will be extended to all areas
within the Area of Impact in a reasonable, progressive manner. The cost for most of
these services will be funded by the applicant. The project will not be detrimental to
the economic welfare of the community, but will help ensure that Meridian can
provide the service it has planned for this portion of the Area of Impact.
24.
The project is proposed as a conditional use, and through the City's
Staff and Planning and Zoning Commission, will set a number of conditions of
approval to ensure that any potential detrimental element (such as lights) will not be
excessive, and will be minimized.
25.
The City's professional traffic engineer and ACHD have determined
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION ANDZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
that the project will not unduly burden the road system. Additionally, the applicant
asked JUB Engineers to prepare a traffic study for the proposed project, which study
revealed the street system is adequate to serve the project. The study was presented
at the Planning and Zoning Commission meeting.
26.
The two intended accesses are located at Franklin Road, approximately
400 feet west of the intersection with Locust Grove. The other access is
approximately 400 feet south of the intersection on Locust Grove. Site distances are
adequate from both locations. It has been found that there would be no undue
interference with existing or future traffic patterns.
27.
The project will not result in the destruction, loss or damage of a natural
or scenic feature of major importance.
28.
The project is designed to be compatible with and to further the goals,
objectives, policies, and programs of the Comprehensive Plan, which goals have been
adopted by the City to promote the public convenience and welfare. The project
assists the City in improving the economic, social, and physical health of the
community through better land use policies that do not violate private property
rights, adversely impact property values, or create unnecessary technical limitations
on the use of private property. The project is designed to create a cohesive planned
residential project and thus would achieve public benefits envisioned by the City of
Meridian's Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
29.
The annexation and zoning and conditional use requested supports the
goals and objectives of the Comprehensive Plan in the Meridian Area of Impact and
Urban Services Planning Area.
30.
Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Planning and Zoning and Assistant to City Engineers Staff comments of
April 9, 1999, as follows:
30.1 Any existing irrigation/drainage ditches crossing the property to
be included in this project, shall be tiled per City Ordinance 11-9-
605.M. The ditches to be piped should be shown on the site
plans. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling
of any ditches crossing this project.
30.2 Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic services per
City Ordinance Section 5-7-517. Wells may be used for non-
domestic purposes such as landscape irrigation.
30.3 Off-street parking shall be provided in accordance with Section
11-2-414 of the City of Meridian Zoning and Development
Ordinance and/or as detailed in site-specific requirements.
30.4 Paving and striping shall be in accordance with the standards set
forth in Sections 11-2-414.D.4 and 11-2-414.D.5. ofthe City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
Meridian Zoning and Development Ordinance and in accordance
with Americans with Disabilities Act (ADA) requirements.
30.5 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
for all off-street parking areas. All site drainage shall be
contained and disposed of on-site.
30.6 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Section 11-2-414.D.3.
30.7 All signage shall be in accordance with the standards set forth in
Section 11-2-415 of the City of Meridian Zoning and
Development Ordinance. No temporary signage, flags, banners or
flashing signs will be permitted.
30.8 Provide five-foot-wide sidewalks in accordance with City
Ordinance Section 11-9-606.B.
30.9 All construction shall conform to the requirements of the
Americans with Disabilities Act.
30.10 Provide revised site plan detailing all existing and proposed
utilities for review by the Meridian Public Works Department.
Designer is to coordinate sizing and routing of sanitary sewer and
water within the development with the Public Works
Department.
30.11 Provide Public Works Department with information on
anticipated fire flow and domestic water requirements for the
proposed site. Flow and pressure from the existing mains should
be monitored with the Meridian Water Department to determine
whether adequate fire protection exists.
30.12 Applicant shall be required to enter into an Assessment
Agreement with the City of Meridian. In addition to these
assessments, "Late Comers" fees may also be charged against this
parcel to help reimburse the parties responsible for installing
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
mains to their current points.
30.13 A total of 57 three-inch caliper trees are required for the project.
Due to the issues of entryway corridors and buffering of adjacent
properties, trees in addition to the required three-inch caliper
trees should be provided. Landscape buffers on Locust Grove
Road and Franklin road need to show detailed vegetation and
tree plantings. Sodding only of these areas is not acceptable.
Provide detailed landscape plan for review and approval.
30.14 Particular attention will need to be paid to lighting plans to
ensure adjacent residential properties and the traveling public is
not impacted by glare, as determined by the City of Meridian.
30.15 Signage shall be limited to one low-profile monument type sign
near the intersection of Franklin Road and Locust Grove Road.
Detailed signage plans will be subject to design review.
30.16 Construct five-foot-wide sidewalks along the entire frontages of
Franklin Road and Locust Grove Road.
30.17 Revise site plan to show screened trash enclosures. Coordinate
locations and construction requirements with Meridian Sanitary
Service, Inc., and provide a letter of approval from their office
prior to applying for building permits.
30.18 Provide handicapped accessible parking spaces in accordance with
the Americans with Disabilities Act. All building and parking lot
construction needs to meet the requirements of the Americans
with Disabilities Act.
30.19 The parking areas shown do not meet minimum Ordinance
requirements of a 9' x 9' stall with a minimum 25' driveway aisle.
The parking dimensions shown could be acceptable given
consideration for bumper overhang; however, the adjacent
walkways should either be divided by a planing strip or increased
in width to a minimum of seven feet wide.
30.20 Drainage swales should not be within the landscape setbacks
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
along Franklin and Locust Grove, as they do not provide
buffering.
30.21 Provide a landscaped setback of 35 feet beyond required right-of-
way along Franklin Road.
30.22 No City water will be allowed for landscape irrigation.
30.23 Six-foot-high, permanent perimeter fencing and buffering shall be
provided adjacent to the existing residential use.
30.24 A development agreement is required as a condition of
annexation. The development agreement should incorporate a
limitation on maximum density, buffering details, entryway
corridor requirements, etc.
30.25 Five Mile Creek is designated as multiple use pathway in the
Meridian Comprehensive Plan. Fish, wildlife and vegetation
species and habitat should be protected and maintained, provided
it is in the best interests of the City of Meridian. Consideration
should be made for the land uses in these areas to minimize the
risk of pollution and to preserve the natural beauty of Five Mile
Creek.
30.26 Due to the topography of the site, the parcel currently accepts
drainage water from the residential properties to the south. This
drainage will need to be accommodated for in the development of
the property.
31.
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. 30, and all
subparts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
32.
The property can be physically serviced with City water and sewer, if
applicant extends the lines.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-
2-417 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 'Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord. No. 629, January 4, 1994.
4.
The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.1
Encourages the future population growth of the City to locate
within the Area of City Impact. (Policy 1.1, Page E-9)
4.2
This area is contiguous with Meridian Urban Service Planning
Areas where "municipal services and utilities are available or
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
4.3
4.4
4.5
4.6
4.7
4.8
4.9
planned for. (Page E-3)
Meridian's policy is to use unimproved land in the Urban Service
Planning Area in order to "maximize public investments, curtail
urban sprawl and protect existing agricultural lands outside of
this Area ofImpact. (Page E-lO, Policy 1.3)
The Meridian Plan insists that no new residential development
should be approved outside of the Urban Service Planning Area.
The project is located within the Area of Impact. (Page E-IO,
Policy 1.4)
The Comprehensive Plan acknowledges that meeting the
challenge of providing services to citizens requires the expansion
of the City's economic base along with creating new job
opportunities for citizens and creating new residential
opportunities. (Page E-15)
Housing is a dominate physical feature in the principal land use
within Meridian. As the region's population grows, the demand
for housing will increase. Meridian will continue to develop into
the ideal community only by maintaining and upgrading the
quality of existing and new dwelling units and at the same time
developing a strong commercial and industrial base. ((Page 66)
The location of the project supports the City's encouragement of
a wide diversity of housing types (single-family, modular, mobile
homes and multi-family) and choices between ownership and
rental units for all income groups in a variety of locations. (Page
E-67, Policy 1.1)
It is the Housing Goal of Meridian to provide a sufficient choice
of adequate housing in the community to meet the needs of
individuals of all socioeconomic backgrounds, the elderly and
disabled. (Page 66)
It is the policy of the City to support a variety of residential
choices for the purpose of providing the City with a range of
affordable housing opportunities. (Page 23, Policy 2.1 U) As
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
testified to at the July 6, 1999, City Council meeting, there is a
shortage of apartments to give Meridian residents choices. This
project helps Meridian meet its housing goals.
4.10 The City promotes the development of housing for all income
groups close to employment and shopping centers. (Page E-67,
Policy 1.4)
4.11 The application presents the City with a unified, integrated
development, near major access thoroughfares. (Page E-68, Policy
1.19)
4.12 The project fosters the policy of Meridian for compatible land
use and design (including an extensive landscape treatment for
the site). (Page E'19, Policy 1.8)
4.13 The project will maximize benefit to the residents, minimize
conflicts and provide a tie-in between residential areas and service
needs. (Page E-67, Policy 1.6)
5.
The requested zoning of (R-40) High Density Residential District is
defined in the Zoning Ordinance at 11-2-408 B. 6. as follows:
(R-40) High Density Residential District: The purpose of the (R-40)
District is to permit the establishment of high density residential uses at
a density not exceeding forty (4) dwelling units per acre. Connection to
the Municipal Water and Sewer systems of the City of Meridian is
required.
6.
That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, A,
Residential, lists residential uses allowed in the various zoning districts of the City;
that apartments are listed as conditional uses in the High Density Residential District
(R-40).
7.
By authority of the City of Meridian under the Comprehensive Plan, a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
conditional use permit is required for Applicant to construct and develop a 96-unit
apartment complex on this parcel of land.
8.
Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt VS. The
City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
9.
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 11-9-616 which pertains to development time schedules and requirements;
Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B
14., which pertains to pressurized irrigation systems.
10.
The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
11.
Section 11-2417 D of the Zoning and Development Ordinance provides
in part as follows:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this. does Order:
1. The application for annexation and a zoning designation of High
Density Residential District (R-40) of 6.15 acres located at the southwest corner of
Locust Grove Road and Franklin Road is granted.
2. The legal description shall be prepared by a Registered Land Surveyor,
Licensed by the State of Idaho, and shall conform to all the provisions of the City of
Meridian Resolution No. 158. The legal description for annexation must place this
parcel contiguous to the Corporate City Limits per Ordinance No. 686. (See the
legal description attached as Exhibit "A" and incorporated here as if set forth in full.)
3. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation. (R-40) High
Density Residential Ordinance which shall not be finally approved by the City
Council until provisions of part 2 and 4 of this order have been met.
4. Developer enter into a Development Agreement, that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian which provides for the following
conditions of development to-wit:
4.1
4.2
4.3
Any existing irrigation/drainage ditches crossing the property to
be included in this project, shall be tiled per City Ordinance 11-9-
605.M. The ditches to be piped should be shown on the site
plans. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public
Works Department. No variances have been requested for tiling
of any ditches crossing this project.
Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic services per
City Ordinance Section 5-7-517. Wells may be used for non-
domestic purposes such as landscape irrigation.
Off-street parking shall be provided in accordance with Section
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
4.4
4.5
4.6
4.7
4.8
4.9
11-2-414 of the City of Meridian Zoning and Development
Ordinance and/or as detailed in site-specific requirements.
Paving and striping shall be in accordance with the standards set
forth in Sections 11-2-414.D.4 and 11-2-414.D.5. of the City of
Meridian Zoning and Development Ordinance and in accordance
with Americans with Disabilities Act (ADA) requirements.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
for all off-street parking areas. All site drainage shall be
contained and disposed of on-site.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance
with City Ordinance Section 11-2-414.D.3.
All signage shall be in accordance with the standards set forth in
Section 11-2-415 of the City of Meridian Zoning and
Development Ordinance. No temporary signage, flags, banners or
flashing signs will be permitted.
Provide five-foot-wide sidewalks in accordance with City
Ordinance Section 11-9-606.B.
All construction shall conform to the requirements of the
Americans with Disabilities Act.
4.10 Provide revised site plan detailing all existing and proposed
utilities for review by the Meridian Public Works Department.
Designer is to coordinate sizing and routing of sanitary sewer and
water within the development with the Public Works
Department.
4.11 Provide Public Works Department with information on
anticipated fire flow and domestic water requirements for the
proposed site. Flow and pressure from the existing mains should
be monitored with the Meridian Water Department to determine
whether adequate fire protection exists.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
AND DECISION.AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
4.12 Applicant shall be required to enter into an Assessment
Agreement with the City of Meridian. In addition to these
assessments, "Late Comers" fees may also be charged against this
parcel to help reimburse the parties responsible for installing
mains to their current points.
4.13 A total of 57 three-inch caliper trees are required for the project.
Due to the issues of entryway corridors and buffering of adjacent
properties, trees in addition to the required three-inch caliper
trees should be provided. Landscape buffers on Locust Grove
Road and Franklin road need to show detailed vegetation and
tree plantings. Sodding only of these areas is not acceptable.
Provide detailed landscape plan for review and approval.
4.14 Particular attention will need to be paid to lighting plans to
ensure adjacent residential properties and the traveling public is
not impacted by glare, as determined by the City of Meridian.
4.15 Signage shall be limited to one low-profile monument type sign
near the intersection of Franklin Road and Locust Grove Road.
Detailed signage plans will be subject to design review.
4.16 Construct five-foot-wide sidewalks along the entire frontages of
Franl<lin Road and Locust Grove Road.
4.17 Revise site plan to show screened trash enclosures. Coordinate
locations and construction requirements with Meridian Sanitary
Service, Inc., and provide a letter of approval from their office
prior to applying for building permits.
4.18 Provide handicapped accessible parking spaces in accordance with
the Americans with Disabilities Act. All building and parking lot
construction needs to meet the requirements of the Americans
with Disabilities Act.
4.19 The parking areas shown do not meet minimum Ordinance
requirements of a 9' x 9' stall with a minimum 25' driveway aisle.
The parking dimensions shown could be acceptable given
consideration for bumper overhang; however, the adjacent
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
walkways should either be divided by a planing strip or increased
in width to a minimum of seven feet wide.
4.20 Drainage swales should not be within the landscape setbacks
along Franklin and Locust Grove, as they do not provide
buffering.
4.21 Provide a landscaped setback of 35 feet beyond required right-of-
way along Franklin Road.
4.22 No City water will be allowed for landscape irrigation.
4.23 Six-foot-high, permanent perimeter fencing and buffering shall be
provided adjacent to the existing residential use.
4.25 Five Mile Creek is designated as multiple use pathway in the
Meridian Comprehensive Plan. Fish, wildlife and vegetation
species and habitat should be protected and maintained, provided
it is in the best interests of the City of Meridian. Consideration
should be made for the land uses in these areas to minimize the
risk of pollution and to preserve the natural beauty of Five Mile
Creek.
4.26 Due to the topography of the site, the parcel currently accepts
drainage water from the residential properties to the south. This
drainage will need to be accommodated for in the development of
the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held July 20, 1999.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED~
COUNCILMAN GLENN BENTLEY
VOTED~
COUNCILMAN KEITH BIRD
VOTEDt--
COUNCILMAN CHARLIE ROUNTREE
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 7 ~2Ð ~ri
VOTED-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
MOTION, ~
APPROV .
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
BY~~~~
ity Clerk '
Dated:
?---z.¡;; ~r r
msgiZ,\WorklMlMeridian IS360M\Cobblestone Village\AZFfCls
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD