Baltic Place Subdivision AZ 01-008
PARTIES:
ADAC"O"./I.TY RECORDER~,'
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DEVELOPMENT AGREEMENT
1.
2.
City of Meridian
Lee Centers, LC. Development, Inc., Centers Construction,
Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this~ day of "àlAÁA\ ' L.oü2-, by and between CITY OF
MERIDIAN, a municipal corporation ofthe State ofIdaho, hereafter called "CITY", and
LEE CENTERS, LC. DEVELOPMENT, INc., CENTERS CONSTRUCTION, INc.,
hereinafter called "OWNER"/"DEVELOPER", whose address is P.O. Box 518,
Meridian, Idaho 83680.
1.
RECITALS:
1.2
1.3
1.4
1.1
WHEREAS, "Owner"/"Developer" is the sole owner, in law
and/or equity, of certain tract ofland in the County of Ada, State of
Idaho, described in Exhibit A for each owner, which is attached
hereto and by this reference incorporated herein as if set forth in
full, herein after referred to as the "Property"; and
WHEREAS, I.C. §67-65 I lA, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the "Owner"/"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 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
WHEREAS, "Owner"/"Developer" has submitted an application
for annexation and zoning ofthe "Property"s described in Exhibit
A, and has requested a designation of (R-40) High Density
Residential District and (C-G) General Retail And Service
Commercial District, (Municipal Code of the City of Meridian);
and
DEVELOPMENT AGREEMENT (AZ-Ol-OO8) - I
1.7
1.8
1.9
1.10
1.5
WHEREAS, "Owner"/"Developer" made representations at the
public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
subject "Property" will be developed and what improvements will
be made; and
1.6
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
before the Planning & Zoning Commission, and subsequently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and
comment; and
á '
WHEREAS, City Council, the ~'ý'c day of Oct., 2001, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached
hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as (the "Findings"); and
WHEREAS, the "Findings" require the "Owner"/"Developer"
enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
"OWNER"/ "DEVELOPER" deem it to be in its best interest to
be able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and
requests; and
WHEREAS, "City" requires the "Owner"/"Developer" to enter
into a development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use ofthe "Property"
is in accordance with the terms and conditions ofthis 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 ofthe City of
Meridian adopted December 21, 1993, Ordinance #629, January 4,
1994, and the Zoning and Development Ordinances codified in
Meridian City Code Title II and Title 12.
DEVELOPMENT AGREEMENT (AZ-Ol-OO8) - 2
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as
herein provided for, unless the clear context of the presentation ofthe same requires
otherwise:
3.1
3.2
3.3
"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 ofIdaho, organized and existing by virtue
oflaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
"OWNER"/"DEVELOPER": means and refers to Lee Centers,
LC. Development, Inc., Centers Construction, whose address is
P.O. Box 518, Meridian, Idaho 83680, 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" describing the parcels to be annexed and
zoned R-40 and CoG, attached hereto and by this reference
incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
The uses allowed pursuant to this Agreement are only those uses allowed
under "City"'s Zoning Ordinance codified at Meridian City Code Section
11-7-2 (F.. and K.) which are herein specified as follows:
Construction and development of a planned unit development consisting
of9 commercial building lots, 4 common lots and 1 residential
apartment lot.
The following uses shall only be allowed through a conditional use
permit:
DEVELOPMENT AGREEMENT (AZ-Ol-OO8) - 3
automobile service station
automobile washingfacilities
bus and rail stations
greenhouses and nurseries
hotels
indoor/outdoor entertainment
motels
planned commercial df!Velopment
storage facilities
service stations
truck stops
wholesale facilities
equipment sales and repair.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner"/"Developer" have
submitted to "City" an application for conditional use permit, and shall be required to obtain the
"City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria,
therein, provided, prior to, and as a condition of, the commencement, of construction of any
buildings or improvements on the "Property" that require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A
"Owner"/"Developer" shall develop the "Property" in accordance with the
following special conditions:
1.
Meridian City Ordinance 12-6 sets forth the requirements for Planned
Developments. Any conditions attached to a Final Development Plan for Planned
Development projects run with the land and shall not lapse or be waived as the
result of any subsequent change in tenancy or ownership.
2.
The following uses shall only be allowed through a conditional use permit:
automobile service station
automobile washing facilities
bus and rail stations
greenhouses and nurseries
hotels
motels
planned commercial development
DEVELOPMENT AGREEMENT (AZ-OI-OO8) - 4
3.
4.
5.
6.
7.
storage facilities
service stations
truck stops
wholesale facilities
equipment sales and repair.
Any existing domestic wells and/or septic systems within this project shall be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape irrigation.
Outside lighting shall be designed and placed so as not to direct illumination on
any nearby residential areas in accordance with City Ordinance Sections 11-13-
4.C. and 12-5-2.M.
Two-hundred-fifty and 100-watt, high-pressure sodium streetlights shall be
required at locations designated by the Public Works Department. All streetlights
shall be installed at subdivider's expense. Typical locations are at street
intersections and/or fire hydrants.
A drainage plan designed by a State ofIdaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all
off-street parking areas. All site drainage shall be contained and disposed of on-
site.
Off-street parking shall be provided in accordance with the City of Meridian
Ordinance 11-13 for use of property.
8.
All signage shall be in accordance with the standards set forth in Section 11-14 of
the City of Meridian Zoning and Development Ordinance. No temporary signage,
flags, banners or flashing signs shall be permitted.
9.
Provide five-foot-wide sidewalks in accordance with City Ordinance Section
12-5-2.K.
10.
All construction shall conform to the requirements of the Americans with
Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
11.
Dedicate 31 to 42-feet of right-of-way from the section line of Franklin Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or other
required permits), whichever occurs first.
DEVELOPMENT AGREEMENT (AZ-OI-OO8) - 5
18.
19.
12.
Provide a $9,700 deposit to the Public Rights-of-Way Trust Fund for the cost of
constructing a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel
(approximately 485-feet) prior to issuance ofa building permit, or District
approval of a final plat, whichever occurs first.
13.
Construct Baltic Place as a public street, private street, or driveway on the south
side of Franklin Road to align with Baltic Road on the north side of Franklin
Road. If the applicant constructs Baltic Place as a public street it shall be
constructed as a 40-foot street section within 58-feet or right-of-way with a
standard turnaround at the south end of the street.
14.
Construct a public turnaround at the terminus ofKalispell Street.
15.
If Baltic Place is constructed as a public street, driveways shall be located a
minimum of 50- feet south of Franklin Road and paved their full width and at least
30-feet into the site beyond the edge of pavement of Baltic Place.
16.
The applicant shall provide a recorded cross access easement for all of the lots
within the subdivision for access to the public streets if Baltic Place is not
constructed as a public street.
17.
Construct a center turn lane on Franklin Road for the Franklin Road/main
entrance intersection. The turn lane shall be constructed to provide a minimum of
100-feet of storage with shadow tapers for both the approach and departure
directions. Coordinate the design of the turn lane with District staff. In
accordance with the traffic study, the center turn lane shall not be required until
the site generates 298 vehicle trips per day (45 apartment units; or 27,000-square
feet of office; or 7,000-square feet of retail; etcY) as determined by the land use,
and the ACHD trip generation rate in the impact fee schedule.
Construct a right turn lane (eastbound) on Franklin Road for the Franklin
Road/main entrance intersection. Coordinate the design of the turn lane with
District staff.
Any proposed landscape islands/medians within the public right-of-way dedicated
by this plat shall be owned and maintained by a homeowners association. Notes
of this shall be required on the final plat.
DEVELOPMENT AGREEMENT (AZ-Ol-OO8) - 6
20.
21.
22.
Any existing irrigation facilities shall be relocated outside of the right-of-
way.
All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
Other than the access point specifically approved with this application,
direct lot or parcel access to Franklin Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
Adopt the Recommendations of the Nampa & Meridian Irrigation
District as follows:
23.
24.
The Nampa & Meridian Irrigation District's Hunter Lateral courses along
the south boundary of the proposed project. Any encroachments shall be
approved and a signed License Agreement shall be in place.
The District requires a Land Use Change/Site application to be filed with
the District.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "Owner"/"Developer" or "Owner"/"Developer"'s heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing
Development" of subject "Property" of this agreement within two years ofthe date this
Agreement is effective, and after the "City" has complied with the notice and hearing
procedures as outlined in I.C. ' 67-6509, or any subsequent amendments or
recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner"/"Developer" consent upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned upon the
following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply
with this Agreement to "Owner"/"Developer" and if the
"Owner"/"Developer" fails to cure such failure within six (6)
months of such notice.
DEVELOPMENT AGREEMENT (AZ-Ol-OO8) - 7
9. INSPECTION: "Owner"/"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 ofthis Development Agreement and
all other ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1
In the event "Owner"f'Developer", "Owner"/"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 "Owner"/"Developer" of any
one or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any
other rights or remedies of "City" or apply to any subsequent
breach of any such or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner"/"Developer"'s cost, and submit proof of such recording to
"Owner"f'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. Iffor
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.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owner"/"Developer", or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be sought by
an appropriate action at law or in equity to secure the specific performance of the
covenants, agreements, conditions, and obligations contained herein.
DEVELOPMENT AGREEMENT (AZ-Ol-OO8) - 8
13.1
13.2
In the event of a material breach of this Agreement, the parties
agree that "City" and "Owner"/"Developer" shall have thirty (30)
days after delivery of notice of said breach to correct the same
prior to the non-breaching party's seeking of any remedy provided
for herein; provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall prosecute the
curing of same with diligence and continuity, then the time
allowed to cure such failure may be extended for such period as
may be necessary to complete the curing of the same with
diligence and continuity.
In the event the performance of any covenant to be performed
hereunder by either "Owner" ('Developer" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time
of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure that installation of the
improvements, which the "Owner"/"Developer" agrees to provide, if required by the
"City".
15. CERTIFICATE OF OCCUPANCY: The "Owner"/"Developer" agrees
that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Owner"f'Developer" have entered into an addendum agreement
stating when the improvements will be completed in a phased developed; and in any
event, no Certificates of Occupancy shall be issued in any phase in which the
improvements have not been installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner"/"Developer"
agrees to abide by all ordinances ofthe City of Meridian and the "Property" shall be
subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet
the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
DEVELOPMENT AGREEMENT (AZ-Ol-OO8) - 9
after deposit in the United States Mail, registered or certified mail, postage prepaid,
return receipt requested, addressed as follows:
CITY:
OWNERIDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Lee Centers
LC. Construction, Inc.
Centers Construction, Inc.
P.O. Box 518
Meridian, Idaho 83680
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 ofthis Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform 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
DEVELOPMENT AGREEMENT (AZ-Ol-OO8) - 10
or owners shall be both benefitted and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Owner"/"Developer", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its
sole and reasonable discretion, had determined that "Owner"/"Developer" has fully
performed its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner"I"Developer"
and "City" relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"Owner"/"Developer" and "City", other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed
by them or their successors in interest or their assigns, and pursuant, with respect to
"City", to a duly adopted ordinance or resolution of "City".
22.1
No condition governing the uses and/or conditions governing development
of the subject "Property" herein provided for can be modified or amended
without the approval of the City Council after the "City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-Ol-OO8) - 11
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
Attest:
BY:
OWNERIDEVELOPER:
B¿~~
Attest:
../Id4~ P
CITY CLERK
CITY OF MERIDIAN
BY &...¡-[). ~~ -'
M ROBERT D. CORRIE
DEVELOPMENT AGREEMENT (AZ-Ol-OO8) - 12
STATE OF IDAHO)
COUNTY OF ADA)
: ss:
On this q+J, day of Jt.JLj , in the year 2001,
before me, {;fj¡/'lu~..r'Ù)L E AJobJ¿ a Notary Public, personally appeared LEE
CENTERS and , known or identified to me to be
persons who executed the instrument on behalf of said LC. Development, Inc. and Centers
Construction, Inc., and acknowledged to me that they executed the same on behalf of said
c orporati on~...........
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Notary Public for Idaho
Residing at: XfA....nA:.f..~
Commission expires: ItJ/;).71"'ð
STATE OF IDAHO)
:ss
County of Ada )
On this /.; ~ day of ~ * , in the year 200'2,
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.
(SEAL)
........
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Notary Public for Idaho
Commission expires: .tf -2.-<6 -D'S
DEVELOPMENT AGREEMENT (AZ-Ol-OO3) - 13
EXHIBIT A
Lel!a1 Description Of Propertv
Lc. DEVELOPMENT, FRANKLIN ROAD SUBDIVISION
ANNEXATION DESCRIPTION
(R-40 AND CoG)
A parcel orland located in the NW1I4 of the NE1I4 of Section 18, T.3N.,
R.IE., B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the corner common to Sections 7, 8, 17 and the said
Section 18, from which the V. corner common to said Sections 7 and 18
bears South 89°46'13" West, 2654.29 feet; thence South 89°46'13" West,
1327.12 feet to the East 1116 corner common to said Sections 7 and 18
and the REAL POINT OF BEGINNING.
Thence along the West boundary ofMedimont Subdivision No.'s 1 & 2,
as same are recorded in Book 75 of Plats at Page 7794, and Book 79 of
Plats at page 8453, respectively, South 00°29'15" West, 1332.09 feet to
the southwest corner of said Medimont Subdivision No.2;
thence generally along the bank ofthe Hunter Lateral North 51°29'39"
West, 132.92 feet;
thence North 63°25'13" West, 205.41 feet;
thence North 61°05'52" West, 203.20 feet;
thence departing said bank North 00°38'34" West, 1057.28 feet to a
point on the North boundary of said Section 18;
thence North 89°46'13" East, 488.80 feet to the Point of Beginning.
Containing 12.99 acres, more or less.
DEVELOPMENT AGREEMENT (AZ-Ol-O03) - 14
EXHIBIT B
Findin!!s of Fact and Conclusions of Law/Conditions of Approval
IINPA NTS40 PDCISERVER ZIWorklMlMeridianlMeridian I 5360MlBaitic PlaceAZOI-OO8 PPOI-OO9 CUPOI-
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DEVELOPMENT AGREEMENT (AZ-O1-003) - 15
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF 1. C.
DEVELOPMENT, INc., THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 12.71 ACRES FOR
PROPOSED BALTIC PLACE
SUBDMSION, LOCATED
BETWEEN THE MERIDIAN
CEMETERY AND MEDIMONT
INDUSTRIAL PARK ON
FRANKLIN ROAD WEST OF
THE INTERSECTION OF
FRANKLIN AND LOCUST
GROVE, MERIDIAN, IDAHO
CJC 08-08-0 I
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Case No. AZ-O 1-008
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 July 17,2001 and continued until August 8, 2001, at the hour of
6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and
testified, and appearing on behalf of the Applicant was: Shawn Nickels, and
appearing with comments or concerns was: Kevin Abernathy" and the City Council
having duly considered the evidence and the record in this matter therefore makes
Page I
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY Lc. DEVELOPMENT, INCJ
BALTIC PLACE SUBDIVISION - (AZ-O1-008 )
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 17,2001 and continued until August 8, 2001, before the City
Council, the first publication appearing and ,vritten notice having been mailed to
property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the property under consideration more than fifteen (15) days
prior to said hearing and with the notice of public hearing having been posted upon
the property under consideration more than one week before said hearing; and that
copies of all notices were made available to newspaper, radio and television stations
as public service announcements; and the matter having been duly considered by the
City Council at the July 17,2001 and continued until August 8, 2001, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2.
There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5
andll-16-1.
3.
The City Council takes judicial notice of its zoning, subdivisions and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY loc. DEVELOPMENT, INCj
BALTIC PLACE SUBDIVISION - (AZ-OI-008 )
Page 2
development ordinances codified at Titles II and 12, Meridian City Code, 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 of the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full.
5.
The property is approximately 12.71 acres in size and is located
between the Meridian Cemetery and Medimont Industrial Park on Franklin Road
west of the intersection of Franklin and Locust Grove. The property is designated as
Baltic Place Subdivision.
6.
The owner of record of the subject property is, Centers Construction of
Meridian, Idaho.
7.
Applicant is Lc. Development, Inc. of Meridian, Idaho.
8.
The property is presently zoned by Ada County as R-l/RUT, and
consists of residentiaVagricultural uses.
9.
The Applicant requests the property be zoned as C-G/R-40
combination.
10.
The subject property is bordered to the north and east by I-L zoning in
the City of Meridian, and to the south and west by the Meridian cemetery zoned
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY Lc. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-OI-008 )
Page 3
RUT.
11.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12.
The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
13.
The Applicant proposes to develop the subject property in the following
manner: as a planned unit development consisting of 9 commercial building lots, 4
common lots and 1 residential apartment lot.
14.
The Applicant requests zoning of the subject real property as C-G/R-40
which is consistent with the Meridian Comprehensive Plan Generalized Land Use
Map which designates the subject property as Mixed-Planned Use Development.
15.
There are no significant or scenic features of major importance that
affect the consideration of this application.
16.
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 Recommendations of the Planning and Zoning and Engineering staff
as follows:
1.
Applicant shall be required to enter into a Development Agreement with
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY Lc. DEVELOPMENT, INc./
BALTIC PLACE SUBDIVISION - (AZ-OI-OO8)
Page 4
4.
5.
the City as a condition of annexation.
2.
Meridian City Ordinance 12-6 sets forth the requirements for Planned
Developments. Any conditions attached to a Final Development Plan
for Planned Development projects run with the land and shall not lapse
or be waived as the result of any subsequent change in tenancy or
ownership.
3.
A development agreement shall be required as a condition of annexation
and the following uses shall only be allowed through a conditional use
pennit:
automobile service station
automobile washing facilities
bus and rail stations
greenhouses and nurseries
hotels
indoor/outdoor entertainment
motels
planned commercial development
storage facilities
service stations
truck stops
wholesale facilities
equipment sales and repair.
Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance Section
9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as
landscape irrigation.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas in accordance with City
Ordinance Sections 11-13-4.c. and 12-5-2.M.
Two-hundred-fifty and lOa-watt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department.
All streetlights shall be installed at subdivider's expense. Typical
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY Lc. DEVELOPMENT, INc.;
BALTIC PLACE SUBDIVISION - (AZ-OI-008 )
6.
8.
9.
locations are at street intersections and/or fire hydrants.
7.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall
be contained and disposed of on-site.
Off-street parking shall be provided in accordance ,vith the City of
Meridian Ordinance 11-13 for use of propeny.
All signage shall be in accordance with the standards set fonh in Section
11-14 of the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs shall be permitted.
10.
Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
11.
All construction shall conform to the requirements of the Americans
with Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
12.
13.
Dedicate 31 to 42-feet of right-of-way from the section line of Franklin
Road abutting the parcel by means of recordation of a final subdivision
plat or execution of a warranty deed prior to issuance of a building
permit (or other required permits), whichever occurs first.
Provide a $9,700 deposit to the Public Rights-of-Way Trust Fund for
the cost of constructing a 5-foot wide concrete sidewalk on Franklin
Road abutting the parcel (approximately 485-feet) prior to issuance of a
building permit, or District approval of a final plat, whichever occurs
first.
Page 6
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY loc. DEVELOPMENT. INc.!
BALTIC PLACE SUBDIVISION - (AZ-01-008)
14.
15.
16.
17.
18.
19.
20.
Construct Baltic Place as a public street, private street, or driveway on
the south side of Franklin Road to align with Baltic Road on the north
side of Franklin Road. If the applicant constructs Baltic Place as a
public street it shall be constructed as a 40-foot street section within 58-
feet or right-of-way with a standard turnaround at the south end of the
street.
Construct a public tUrnaround at the terminus of Kalispell Street.
If Baltic Place is constructed as a public street, driveways shall be
located a minimum of 50-feet south of Franklin Road and paved their
full width and at least 30-feet into the site beyond the edge of pavement
of Baltic Place.
The applicant shall provide a recorded cross access easement for all of
the lots within the subdivision for access to the public streets if Baltic
Place is not constructed as a public street.
Construct a center turn lane on Franklin Road for the Franklin
Road/main entrance intersection. The turn lane shall be constructed to
provide a minimum of 100-feet of storage with shadow tapers for both
the approach and departure directions. Coordinate'the design of the
turn lane with District staff. In accordance with the traffic study, the
center turn lane shall not be required until the site generates 298 vehicle
trips per day (45 apartment units; or 27,000-square feet of office; or
7,000-square feet of retail; etc...) as determined by the land use, and the
ACHD trip generation rate in the impact fee schedule.
Construct a right turn lane (eastbound) on Franklin Road for the
Franklin Road/main entrance intersection. Coordinate the design of the
turn lane with District staff.
Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat shall be owned and maintained by a homeowners
association. Notes of this shall be required on the final plat.
Page 7
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY L.c. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-OI-OO8)
21.
22.
23.
Any existing irrigation facilities shall be relocated outside of the right-of-
way.
All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
Other than the access point specifically approved with this application,
direct lot or parcel access to Franklin Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
24.
25.
The Nampa & Meridian Irrigation District's Hunter Lateral courses
along the south boundary of the proposed project. Any encroachments
shall be approved and a signed License Agreement shall be in place.
The District requires a Land Use Change/Site application to be filed
with the District.
18.
It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 17, and all
sub-parts, the economic welfare of the City and its residents and ta.'( and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
19.
It is also found that the development considerations as referenced in
Finding No. 17 are reasonable to require and must be taken into account, in order to
assure the proposed development is designed, constructed, operated and maintained
in a manner which is harmonious and appropriate in appearance with the existing, or
intended character of the general vicinity, in order to assure that the proposed use
Page 8
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY Lc. DEVELOPMENT, INc./
BALTIC PLACE SUBDIVISION - (AZ-OI-OO8)
will not change the essential character of the affected vicinity and ~vill insure that the
proposed uses ~vill not be hazardous or disturbing to the existing, or future
neighboring uses, panicularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
20.
It is found that the zoning of the subject real propeny as General Retail
and Service Commercial (C-G) and High Density Residential District (R-40) require
connection to the Municipal Water and Sewer systems and will be compatible with
the Applicant's development intentions, and will assure that the zoning is consistent
with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject propeny as Mixed/Planned Use Development.
21.
The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
21.1 The consideration of the provisions of the Comprehensive Plan and the
requirements of the zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive Plan
and the zoning ordinance of the City to all applications such as the
subject application.
21.2 This proposed new growth development will finance public service
expansion by the requirernent herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY Lc. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-01-008)
Page 9
("
21.3 The application is consistent with Meridian's self identity.
21.4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive Plan and the zoning ordinance of the City to the subject
application.
21.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
21.6 Compatible and efficient use ofland through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
Plan and the zoning ordinance of the City to the subject application.
22.
The property can be physically serviced with City water and sewer.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may
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 talœ 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY L.c. DEVELOPMENT, INc./
BALTIC PLACE SUBDIVISION - (AZ-OI-008 )
Page 10
(
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 peninent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4A
The Goals of the Comprehensive Plan are set fonh at Page 5 and
include:
4.1
4.2
4.3
4.4
4.5
4.6
To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment by
adopting City-wide and Urban Service Planning Area policies,
which deal with area-specific policies and programs.
To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
To provide housing opponunities for all economic groups
within the community.
To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
To encourage cultural, educational and recreational
Page 11
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY Lc. DEVELOPMENT, 1NC)
BALTIC PLACE SUBDIVISION - (AZ-OI-OO8 )
(
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
4.7
To provide community services to fit existing and projected
needs.
4.8
To establish compatible and efficient use of land through
the use of innovative and functional site design.
4.9
To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
Additionally, the following goals and policies are relevant to this application and
they are as follows:
Goals of the Comprehensive Plan
Goal 7: To provide community services to fite.'åsting and projected
needs.
Economic Development Chapter
Policies 1.2 and 1.4
Housing Chapter
Policies 1.4
Land Use Chapter
Policies 4.3U and 4.8U
Community Design Chapter
Policies 2.2U and 4.4U
5.
The zonings of General Retail and Service Commercial (C-G) and High
Density Residential District (R-40) are defined in the Zoning Ordinance at § 11-7-2 F.
and K. as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY loc. DEVELOPMENT, INc./
BALTIC PLACE SUBDIVISION - (AZ-OI-O08 )
Page 12
(R-40) Hi~h 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 is required.
AND
(CoG) General Retail And Service Commercial District: The purpose of the
CoG District is to provide for commercial uses which are customarily operated
entirely or almost entirely within a building; to provide for a review of the impact
of proposed commercial uses which are auto and service oriented and are located
in close proximity to major highway or arterial streets; to fulfill the need of travel-
related services as well as retail sales for the transient and permanent motoring
public. All such districts shall be connected to the Municipal water and sewer
systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
6.
By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is not required for Applicant to construct and develop a possible
MixedIPlanned Use Development.
7.
Since the annexation and zoning of land is a legislative function, the City
has authority to place conditions upon the annexation of land. See Burt vs. The Citv of
Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8.
The development of the annexed land, if annexed, shall meet and comply
with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-
4 which pertains to development time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
9.
The development of the property shall be subject to and controlled by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY loc. DEVELOPMENT, INCj
BALTIC PLACE SUBDIVISION - (AZ-O1-008 )
Page 13
Zoning and Subdivision and Development Ordinances of the City of Meridian.
10.
Section 11-16-4 A of the Zoning and Development Ordinance provides in
part as follows:
If property is annexed and zoned, the City may require or permit, as a condition
of the zoning, that an owner or developer make a written commitment concerning
the use or development of the subject property. If a commitment is required or
pennitted, it shall be recorded in the office of the Ada County Recorder and shall
take effect upon the adoption of the ordinance anne:xing and zoning the property,
or prior if agreed to by the owner of the parcel. Unless the commitment is
modified or terminated by the City Council, the commitment shall be binding on
the owner of the parcel, each subsequent owner, and each other person acquiring
an interest in the property. A commitment is binding on the owner of the
property even if it is unrecorded; however, an unrecorded commitment is binding
on subsequent owners and each other person acquiring an interest in the property
only if the subsequent owner and each other person acquiring an interest in the
property has actual notice of the commitment.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1.
The applicant's request for annexation and zoning of approximately 12.71
acres to High Density Residential District (R-40) and General Retail And Service
Commercial District (C-G) is granted subject to the termS and conditions of this Order
hereinafter stated.
2.
The application is for annexation and zoning of 12.71 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY LC. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-OI-008)
Page 14
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3.
Developer enter into a Development Agreement that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexàtion, with the City of Meridian, which provides for the follo\ving
conditions of development, to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
3.
1.
Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
2.
Meridian City Ordinance 12-6 sets forth the requirements for Planned
Developments. Any conditions attached to a Final Development Plan
for Planned Development projects run with the land and shall not lapse
or be waived as the result of any subsequent change in tenancy or
ownership.
A development agreement shall be required as a condition of annexation
and the following uses shall only be allowed through a conditional use
permit:
automobile service station
automobile washing facilities
bus and rail stations
greenhouses and nurseries
hotels
indoor/outdoor entertainment
motels
planned commercial development
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY loC. DEVELOPMENT, INc.!
BALTIC PLACE SUBDIVISION - (AZ-OI-008 )
Page 15
8.
9.
10.
11.
(
storage facilities
service stations
truck stops
wholesale facilities
equipment sales and repair.
4.
Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance Section
9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as
landscape irrigation.
5.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas in accordance with City
Ordinance Sections 11-13-4.c. and 12-5-2.M.
6.
Two-hundred-fiftyand 100-watt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department.
All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants.
7.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall
be contained and disposed of on-site.
Off-street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
All signage shall be in accordance with the standards set forth in Section
11-14 of the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs shall be permitted.
Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.1<.
All construction shall conform to the requirements, of the Americans
with Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY Lc. DEVELOPMENT, INc.!
BALTIC PLACE SUBDIVISION - (AZ-OI-OO8 )
Page 16
Adopt the Recommendations of the Ada County Highway District as follows:
13.
14.
15.
16.
17.
12.
Dedicate 31 to 42-feet of right-of-way from the section line of Franklin
Road abutting the parcel by means of recordation of a final subdivision
plat or execution of a warranty deed prior to issuance of a building
permit (or other required permits), whichever occurs first.
Provide a $9,700 deposit to the Public Rights-of-Way Trust Fund for
the cost of constructing a 5-foot wide concrete sidewalk on Franklin
Road abutting the parcel (approximately 485-feet) prior to issuance of a
building pennit, or District approval of a final plat, whichever occurs
first.
Construct Baltic Place as a public street, private street, or driveway on
the south side of Franklin Road to align with Baltic Road on the north
side of Franklin Road. If the applicant constructs Baltic Place as a
public street it shall be constructed as a 40-foot street section within 58-
feet or right-of-way with a standard turnaround at the south end of the
street.
Construct a public turnaround at the tenninus of Kalispell Street.
If Baltic Place is constructed as a public street, driveways shall be
located a minimum of 50-feet south of Franklin Road and paved their
full width and at least 3D-feet into the site beyond the edge of pavement
of Baltic Place.
The applicant shall provide a recorded cross access easement for all of
the lots within the subdivision for access to the public streets if Baltic
Place is not constructed as a public street.
18. Construct a center turn lane on Frarù<1in Road for the Franklin
Road/main entrance intersection. The turn lane shall be constructed to
provide a minimum of 100-feet of storage with shadow tapers for both
the approach and departure directions. Coordinate the design of the
turn lane with District staff. In accordance with the traffic study, the
center turn lane shall not be required until the site generates 298 vehicle
trips per day (45 apartment units; or 27,000-square feet of office; or
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY L.c. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-OI-OO8)
20.
21.
22.
23.
7,OOO-square feet of retail; etc...) as determined by the land use, and the
ACHD trip generation rate in the impact fee schedule.
19.
Construct a right turn lane (eastbound) on Franklin Road for the
Franklin Road/main entrance intersection. Coordinate the design of the
, turn lane with District staff.
Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat shall be owned and maintained by a homeowners
association. Notes of this shall be required on the tìnal. plat.
Any existing irrigation facilities shall be relocated outside of the right-of-
way.
All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
Other than the access point specifically approved with this application,
direct lot or parcel access to Franklin Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
24.
25.
4.
The Nampa & Meridian Irrigation District's Hunter Lateral courses
along the south boundary of the proposed project. Any encroachments
shall be approved and a signed License Agreement shall be in place.
The District requires a Land Use Change/Site application to be filed
with the District.
The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real property
which is the subject of the application to (RAO) High Density Residential District and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY loc. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-OI-OO8 )
(C-G) General Retail And Service Commercial District, and Meridian City Code § 11-7-
2 F. and K.
5.
Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided in
Meridian City Code § 11.21.1 in accordance with the provisions of the annexation and
zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the annexation and zoning and who may within twenty-eight (28) days after the date
of this decision and order seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on the
2f.!¡J
day
of
O¿-fv~
,2001.
COUNCILMAN RON ANDERSON
vJ~#
ROLL CALL
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY Lc. DEVELOPMENT, INC./
BALTIC PLACE SUBDIVISION - (AZ-OI-OO8)
Page 19
COUNCILMAN KEITH BIRD
VOTED~
COUNCILWOMAN TAMMY deWEERD
VOTED -f/t!\.......--'
COUNCILWOMAN CHERlE McCANDLESS
VOTED mJ4.;t-
NlAYOR ROBERT D. COßRJE (TIE BREAKER)
DATED: !O-2-tf)/
VOTED
---
MOTION: ~
APPROVED:~ DISAPPROVED:-
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
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ByAd&-:Þ ~ ¥
City Clerk
Dated: ¡ tl-}--(} I
\\NPA NTS40 PDOSERVER Z\Work\M\MeridianlMeridian
O¡5\AŽFfClsO;der,doc -
I 5360M\Baltic
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIBY LC. DEVELOPMENT, INC'¡
BALTIC PLACE SUBDIVISION - (AZ-Ol-008)
Page 20