Equity Benefits AZ 04-001
PARTIES:
ADA CDUNTY RECOROER J, DAVID NAVARRD AMOUNT ,00 29
~~~~T~A~2a~~~~~Oe; 03:34 PM 1111111111111111111l1li11111111111111
RECORDED - REQUEST OF 11351329652
Meridian Citv
---~'
DEVELOPMENT AGREEMENT
1.
2.
City of Meridian
Equity Benefits, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this ~ day of Ft b , 200.$", by and between CITY OF
MERIDIAN, a municipal corporation ofthe State ofIdaho, hereafter called "CITY', and
EQUITY BENEFITS, LLC, whose address is 13965 Chinden Blvd, #103, Boise, Idaho
83713, hereinafter called "OWNER/DEVELOPER".
1.
RECITALS:
1.3
1.4
1.5
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
1.2
WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the "Owner/Developer" make a written commitment
concerning the use or development ofthe 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 of the "Property's" described in Exhibit A,
and has requested a designation of (C-G) General Retail and
Service Commercial District, (Municipal Code of the City of
Meridian); and
WHEREAS, "Owner/Developer" made representations at the
public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
DEVELOPMENT AGREEMENT (AZ-O4-001)
PAGE 1 OF 14
1.9
1.9
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
WHEREAS, City Council, the 2"1 dayof fd'J ,200[
has approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached
hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as (the "Findings"); and
1.7
1.8
WHEREAS, the Findings require the "Owner/Developer" to enter
into a development agreement before ,the City Council takes final
action on annexation and zoning designation; and
"OWNER deems it to be in its best interest to be able to enter into
this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and requests; and
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 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 amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and the
Zoning and Development Ordinances codified in Meridian City
Code Title 11 and Title 12.
DEVELOPMENT AGREEMENT (AZ-O4-001)
PAGE 2 OF 14
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as
herein provided for, unless the clear context of the presentation of the same requires
otherwise:
3.1
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 of Idaho, 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 Equity Benefits,
LLC, whose address is 13965 Chinden Blvd., #103, Boise, Idaho
83713, the parties owning said "Property" being developed and
shall include any subsequent owner(s)/deve10per(s) of the
"Property".
"PROPERTY": means and refers to that certain parce1(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned C-G attached hereto and by this reference incorporated
herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (K) which are herein specified as follows:
It is the applicant's intent to convert the existing residence into a
Class .~" Office within the (C-G) General Retail and Service
Commercial District..
DEVELOPMENT AGREEMENT (AZ-O4-001)
PAGE 3 OF 14
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.A
"Owner/Deve10per" shall develop the "Property" in accordance with the
following special conditions:
A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
1. The submitted legal description meets the requirements of the City of Meridian
and State Tax Commission and will place the parcel contiguous to existing city
limits.
2. The subject property is within the Urban Services Planning Area.
3. All future development of the subject property shall be constructed in accordance
with City of Meridian ordinances in effect at the time of development.
4. Additionally, this AZ-04-001 project shall require be the following conditions:
. The existing residential use be abandoned upon annexation and zoning.
. A Certificate of Zoning Compliance (CZC) application shall be submitted
to the Planning and Zoning Department within 30 days of annexation into
the City.
. The applicant shall be required to extend water and sanitary sewer mains
to provide service.
. Prior to issuance of a Certificate of Zoning Compliance (CZC), fire
hydrant spacing per the International Fire Code (within 250-feet of the
centerline of the driveway) shall be provided. Commercial and office
occupancies will require a fire-flow consistent with the Uniform Fire
Code to service the proposed project.
. Any other conditions desired by the Commission and Council.
5.
Remove any existing domestic wells and/or septic systems within this project
from their dornestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for non-
domestic purposes such as landscape irrigation.
DEVELOPMENT AGREEMENT (AZ-O4-001)
PAGE 4 OF 14
OTHER AGENCYIDEPARTMENT COMMENTS/CONDITIONS
MERIDIAN FIRE DEPARTMENT COMMENTS/CONDITIONS (AZ-O4-00D
1.
Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
2. Provide fire hydrant spacing per the International Fire Code (within 250-feet of
the centerline of the driveway). Commercial and office occupancies will require
a fIre-flow consistent with the Uniform Fire Code to service the proposed
project.
a.
b.
Fire Hydrants shall have the 4 y," outlet face the main street or
parking lot aisle.
The Fire hydrant shall not face a street which does not have addresses
on it.
Fire hydrant markers shall be provided per Public Works specs.
Locations with fire hydrants shall have the curb painted red 10' to
each side ofthe hydrant location.
Fire Hydrants shall be placed on corners.
Fire hydrants shall not have any vertical obstructions to outlets within
10'.
c.
d.
e.
f.
3.
All entrance and internal roads shall have a turning radius of28' inside and
48' outside.
4.
Insure that all yet undeveloped parcels are maintained free of combustible
vegetation.
5.
Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
The roadways shall be built to Ada County Highway Standards and shall
have a clear driving surface, available at all times, which is 20' wide.
Streets with less than a 29' street width shall have no parking. Streets with
less than 33' shall have parking only on one side.
7.
Fire lanes and streets shall have a vertical clearance of 13 '6". This includes
mature landscaping.
8.
Any activity involving the use or storage of flammable or explosive materials
shall be protected by adequate firefighting and fire-prevention equipment and
DEVELOPMENT AGREEMENT (AZ-O4-001)
PAGE 5 OF 14
6.
by such safety devises as are normally used in the handling of any such
material. Such hazards shall be kept removed from adjacent activities to a
distance which is compatible with the potential danger involved as specified in
the UFC, Uniform Life Safety Code, MCC 11-12-3.C, and the National Safety
Foundation publications.
SANITARY SERVICE CO. COMMENTS/CONDITIONS
1.
Design the trash enclosure(s) per the standard recommendations of SSC for
access, gates, floor/pad, container stops/humpers, and dimensions. Coordinate
the design with SSC. Approval of the trash enclosure design will be required
prior to issuance of a Certificate of Zoning Compliance (CZC) for the project.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "Owner/Developer" or "Owner's/Developer's" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing
Development" of subject "Property" ofthis 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.
7. 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:
7.1
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.
8. 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 of this Development Agreement and
all other ordinances of the "City" that apply to said Development.
DEVELOPMENT AGREEMENT (AZ-O4-001)
PAGE 6 OF 14
9.
DEFAULT:
9.1
9.2
In the event "Owner/Developer" or "Owner's/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.
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.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all ofthe Exhibits, at
"Owner's/Developer's" cost, and submit proof of such recording to "Owner/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.
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
12. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "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.
12.1
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
DEVELOPMENT AGREEMENT (AZ-04-001)
PAGE 7 OF 14
which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall prosecute the
curing of same with diligence and continuity, then the time allowed
to cure such failure may be extended for such period as may be
necessary to complete the curing of the same with diligence and
continuity.
12.2
In the event the performance of any covenant to be performed
hereunder by either "Owner/Developer" or "City" is delayed for
causes which are beyond the reasonable control ofthe 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.
13. 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".
14. 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/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".
15. ABIDE BY ALL CITY ORDINANCES: That "Owner/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.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
DEVELOPMENT AGREEMENT (AZ-O4-001)
PAGE 8 OF 14
CITY:
OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
660 E. Watertower Ln.
Meridian, ID 83642
Equity Benefits, LLC
13965 Chinden Blvd., #103
Boise, Idaho 83713
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
16.1
A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as 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.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform anyofthe obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the parties' respective heirs, successors, assigns and
personal representatives, including "City's" corporate authorities and their successors in
office. This Agreement shall be binding on the "Owner/developer" ofthe "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
tbereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the conditions and
restrictions herein expressed. "City" agrees, upon written request of
"Owner/Developer", to execute appropriate and recordable evidence of termination of
DEVELOPMENT AGREEMENT (AZ-O4-001)
PAGE 9 OF 14
this Agreement if "City", in its sole and reasonable discretion, had determined that
"Owner/Developer" has fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner/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".
21.1
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.
22. 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-O4-001)
PAGE 10 OF 14
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNER/DEVELOPER:
ATTEST
~;t¡-
By:~L~
CITY OF MERIDIAN
Attest:
DEVELOPMENT AGREEMENT (AZ-04-001)
PAGE 11 OF 14
STATE OF IDAHO)
:ss
COUNTY OF ADA)
On this d4~ dayof---.F~'or~ , in the year
20~before me, a Notary Public, personally appeared "BY~ WOI.ç..~ , and
, known or identified to me to be the
V\lllAVi ti ~~v and whose names are'
subscribed to t e wlthm mstrument for EqUIty Benefits, LLC, and acknowledged to me
that they executed the same on behalf of Equity Benefits, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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Commission expires: "'4/ ZZ/It9
STATE OF IDAHO)
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County of Ada
On this I~ day of f}4rJ... , in the year 2004,
before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg,
know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said
City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official sea~the d ar in this certificate first above written.
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DEVELOPMENT A'öæ;¡;Mem' (AZ-O4-001)
PAGE 12 OF 14
EXHIBIT "A"
Lel!:al DescriDtion Of ProDertv
A tract ofland situated within the Southwest \<í of the Southeast \<í of Section8,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as
follows:
Commencing at a found aluminum cap monument marking the Southeast comer
of said Section 8, said corner at the center line intersection of Eagle Road and Franklin
Road, thence westerly along the southerly line of said Section 8 and the center line of said
Franklin Road North 89°-53'-50" West a distance of2571.05 feet to a found aluminum
cap monument marking the Southwest corner of said Southeast \<í; thence easterly along
said Section and center line South 89°-53'-50" East a distance of393.11 feet to the
POINT OF BEGINNING.
Thence leaving said Section and center line North 00°-31 ' -40" East a distance of
40.00 feet to a found steel pin on the northerly rights-of-way line of said Franklin Road;
Thence leaving said rights-of-way line North 00°-31 ' -40" East a distance of
192.00 feet to a set steel pin;
Thence South 89°-53'-50" East a distance of 105.00 feet to a found steel pin;
Thence South 00°-31 '-40" West a distance of 192.00 feet to a set steel pin on said
northerly rights-of-way line;
Thence continuing South 00°-31 '-40" West a distance of 40.00 feet to a point of
the center line of said Franklin Road and said southerly line of Section 8;
Thence westerly along said center and Section line North 89°-53 '-50" West a
distance of 105.00 feet to the POINT OF BEGINNING.
The above-described tract of land contains 24,359 square feet, more or less,
subject to all existing easements and rights-of-way.
DEVELOPMENT AGREEMENT (AZ-O4-001)
PAGE 13 OF 14
EXHIBIT "B"
Findine:s of Fact and Conclusions of Law/Conditions of Approval
Z:\Worl<\M\MeridianIMeridian 1 5360MlEquity Benefits AZ-O4-001IDevelopAgr,doc
DEVELOPMENT AGREEMENT (AZ-O4-001)
PAGE 14 OF 14
BEFORE THE MERIDIAN CITY COUNCIL
C/C 04/06/04
INTDE MATTER OF THE )
APPLICATION FOR ANNEXATION)
AND ZONING OF 0.56 ACRES TO )
CoG ZONE, LOCATED ON THE )
NORTH SIDE OF FRANKLIN )
ROAD, APPROXIMATELY 2,000 )
FEET WEST OF EAGEL ROAD, )
AND APPROXIMATELY 2,300 )
FEET EAST OF NOLA ROAD IN )
SECTION 8, TOWNSHIP 3 NORTH, )
RANGE 1 EAST, MERIDIAN, )
IDAHO)
Case No. AZ-04-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
EQUITY BENEFITS, LLC,
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on Apri16, 2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning
and Zoning Department, and Brandon Wolfe, appeared and testified, and the City Council having
duly considered the evidence and the record in this matter therefore makes the following
Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1.
There has been compliance with all notice and hearing requirements set forth in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
EQUITY BENEFITS, LLC - (AZ-04.001)
PAGE I OF 15
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
2.
The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all cun-ent zoning maps thereof,
and the Amended Cornprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3.
The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 0.56 acres in size and is located on the
north side of Franklin Road, approximately 2,000 feet west of Eagle Road, and approximately
2,300 feet east of Nola Road, in Section 8, Township 3 North, Range I East, Meridian, Idaho, all
within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area
as defined in the Meridian Comprehensive Plan.
4.
The owner of record oftbe subject property is Equity Benefits, LLC, and Vince
Covino, a managing member, has submitted notarized consent for the subject application.
Applicant is Equity Benefits, LLC.
5.
The property is presently zoned RUT (Ada County) and has an existing residence
with other outbuildings.
6.
The Applicant requests the property be zoned as CoG (General Retail and Service
Commercial District).
7.
The property which is the subject of this application is within the Area oflmpact
of the City of Meridian, and the entire parcel of the property is included within the Meridian
Urban Service Planning Area as defined in the 2002 Meridian Comprehensive Plan.
FIND1NGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
EQUITY BENEFITS, LLC - (AZ-O4-001)
PAGE 2 OF IS
8.
The Applicant has requested the annexation and zoning of an existing 0.56 acres
lot in Ada County to the City of Meridian to develop the subject property in the following
manner: conversion of the existing residence into a Class "A" Office.
9.
The Applicant requests zoning of the subject real property to C-G (General Retail
and Service Commercial) which is consistent with the Meridian Comprehensive Plan Future
Land Use Map, which designates the subject property as "Commercial."
10.
There are no significant or scenic features of major importance that affect the
conSideration of this application.
11.
Giving due consideration to the comments received fÌ'Om the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
1. The submitted legal description meets the requirements of the City of Meridian and State
Tax Commission and will place the parcel contiguous to existing city limits.
2. The subject property is within the Urban Services Planning Area.
3. All future development of the subject property shall be constructed in accordance with
City of Meridian ordinances in effect at the time of development.
4. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be
entered into between the City of Meridian and the propertyowner(s). The DA shall
require that:
. The existing residential use be abandoned upon annexation and zoning.
. A Certificate of Zoning Compliance (CZC) application shall be submitted to
the Planning and Zoning Department within 30 days of annexation into the
City.
The applicant shall be required to extend water and sanitary sewer mains to
provide service.
.
FINDINGS OFFACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
EQUITY BENEFITS, LLC - (AZ-O4-001)
PAGE 3 OF IS
.
Prior to issuance ora Certificate of Zoning Compliance (CZC), fire hydrant
spacing per the International Fire Code (within 250-feet ofthe centerline of
the driveway) shall be provided. Commercial and office occupancies will
require a fire-flow consistent with the Uniform Fire Code to service the
proposed project.
Any other conditions desired by the Commission and Council.
.
Remove any existing domestic wells and/or septic systems within this project from
their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells maybe used for non-domestic purposes
such as landscape irrigation.
OTHER AGENCYIDEPARTMENT COMMENTS/CONDITIONS
MERIDIAN FIRE DEPARTMENT COMMENTS/CONDITIONS fAZ-O4-00n
5.
1. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
2. Provide fire hydrant spacing per the International Fire Code (within 250-feet of the
centerline of the driveway). Commercial and office occupancies will require a lire-flow
consistent with the Unifonn Fire Code to service the proposed project.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
The Fire hydrant shall not face a street which does not have addresses on it.
Fire hydrant markers shall be provided per Public Works specs.
Locations with fll"ehydrants shall have the curb painted red 10' to each side
of the hydrant location.
Fire Hydrants shall be placed on comers.
Fire hydrants shall not have any vertical obstmctions to outlets within 10'.
b.
c.
d
e.
f.
3.
All entrance and internal roads shall have a tumingradius of28' inside and 48'
outside.
4.
Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
5.
Operational fire hydrants and temporary or pem1anent street.signs are required before
combustible construction begins.
The roadways shall be built to Ada County Highway Standards and shall have a
clear driving surface, available at all times, which is 20' wide. Streets with less
than a 29' street width shall have no parking. S1reets with less than 33' shall have
parking only on one side.
6.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCAnON
FOR ANNEXAnON AND ZONING FOR
EQUITY BENEFITS. LLC. (AZ-O4-001)
PAGE4 OF 15
7.
Fire lanes and streets shall have a vertical clearance of ] 3 '6". This includes mature
landscaping.
8.
Any activity involving the use or storage oftlammable or explosive materials shall be
protected by adequate firefighting and fire-prevention equipment and by such safety
devises as are normally used in the handling of any such material. Such hazards shall
be kept removed from adjacent activities to a distance which is compatible with the
potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC
11-12-3.C, and the National Safety Foundation publications.
SANITARY SERVICE CO. COMMENTS/CONDITIONS.
1.
Design the trash enclosure(s) per the standard recommendations of SSC for access,
gates, floor/pad, container stops/bumpers. and dimensions. Coordinate the design
with SSC. Approval of the trash enclosure design will be required prior to issuance of
a Certificate of Zoning Complian<:e (CZC) for the project.
12.
It is found that the 2002 Comprehensive Plan Future Land Use Map designates the
subject property as "Commercial." In Chapter VII of the Comprehensive Plan, "Commercial" areas
are anticipated to provide a full range of commercial and retail to serve area residents and visitors.
Uses may include retail, wholesale, service and office uses, multi-family residential, as well as
appropriate public uses such as government offices. It is found that the requested CoG zoning
generally conforms to this stated purpose and intent of the Commercial designation.
The following Goals, Objectives, and Action items contained in the 2002 Comprehensive
Plan are applicable to this application:
. "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII,
Goal N, Objective D, Action item 2)
. "Require appropriate landscape and buffers along trmtsportation corridors (setback,
vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item
4)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
EQUITY BENEFITS, LLC - (AZ.O4-001)
PAGE5 OF 15
. "Pennit new. . .commercial development only where urban services can be reasonably
provided at the time of final approval and development is contiguous to the City."
(Chapter £y, Goal I, Objective A, Action item 6)
. "Locate new community commercial areas on arterials or collectors near residential
areas in such a way as to complement with adjoining residential areas." (Chapter VII,
Goal I, Objective B, Action item 5)
. "Require all commercial businesses to install and maintain landscaping." (Chapter V,
Goal ßI, Objective D, Action item 5)
13.
It is not anticipated that the applicant intends to rezone the subject property in the
future.
14. It is found that in the applicant's submittal letter, itis stated thatthe subject property is
intended to be used for office purposes. It is found that professional offices are allowed in the
proposed C-G zone and therefore would not require a conditional use permit.
15.
The general vicinity of this project is experiencing a rapid change from vacant
industrial/agricultural and low-density residential uses to commercia1/urban type development.
There is an apartment complex being constructed approximately 400 feet west of the site, and a
mixed-use commercial development just west of that. There is commercial and office zoning at the
Franklin Road and Eagle Road intersection, and industrial zoning to the north and east of this site.
Franklin Road is currently being widened to a five-lane roadway. It is found that annexation and
zoning of this site to CoG would be compatible with other land use and facility changes in the area.
16.
The existing single-family home on the subject property is designated by the applicant
as an office use. A detailed review of the project site will need to be completed upon submission of a
Certificate of Zoning Compliance (CZC). It is found that an office use, and any other
office/commercial use, if designed, constructed and operated in accordance with adopted city
FINDINGS OF F ACf AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
EQlnTY BENEFITS, LLC - (AZ-O4..oo1)
PAGE6 OF 15
ordinances, through a future CZC applicatíon(s), should be harmonious and appropriate in
appearance with the existing and intended character of the vicinity.
17.
It is found that the use of this site for commercial/office purposes will not be
hazardous or disturbing to existing or future neighboring uses is all development and landscaping
ordinances are exercised.
18.
It is found that the current widening of Franklin Road, and the extension of Locust
Grove Road, in this area should be adequate to serve this site/area for several years to come. City of
Meridian's sanitary sewer and water systems do not currently service the subject site. New water and
sewer mains are being installed as part of the Franklin Road rebuild project. The plans call for a new
4-inch diameter sewer service and a 2-inch water service to the subject property. On February 13,
2004, a joint agency/department comments meeting was held with representatives of key service
providers to. this property. The Meridian Fire Department has concerns with serviceability of this
site, as the fire hydrants near this site are notlocated in accordance with the International Fire Code,
see Meridian Fire Department's comments in number II above.
The applicant has not indicated, on the submi tted site plan, where the refuse container(s) will
be located. The applicant should coordinate the location and design of refuse container(s} with
Sanitary Services Company (SSe). Trash enclosures must be built in the location and to the size
approved by sse. All dumpster(s) must be screened in accordance with MCe 11-12-1.C.
It is found that the property proposed for annexation can be served adequately by all essential
public facilities and services.
19.
It is found that the annexation and zoning of this site will not cause excessive
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
EQUITY BENEFITS, LLC - (AZ-O4-O0 I)
PAGE 7 OF 15
additional requirements at public cost. Other required site improvements will be funded and
constructed by the developer through the CZC process. It is also found that the annexation and
zoning of this site to C-G will not be detrimental to the community's economic welfare.
20.
It is found that several of the allowed uses in the C-G zone may involve activities,
processes, materials, equipment or conditions that could produce excessive traffic and noise and have
other public impacts. It is also found that an office/commercial type use will create additional traffic
on adjacent arterial roads. Further, the parking and maneuvering of cars on the site rnay generate
additional noise for surrounding properties. However, it is not believed that the additional noise
should be excessive. It is not anticipated an office use will create excessive smoke, fumes, glare, or
odors that will be detrimental to any person, property or the general welfare of the area. To ensure
this finding, the applicant shall enter into a Development Agreement that establishes use parameters
that would prevent detrimental effects.
21.
The number of vehicular access points to Franklin Road should be restricted and
comply with ACHD policies in order to preserve the capacity and movement on these roadways at
build-out. If a vehicular approach is approved to the site that is designed and constructed in
accordance with ACHD policies, it is found that the approach will not create an interference with
traffic on the surrounding public street(s). Review of the ACHD comments will provide additional
information.
22.
There are no natural or scenic feature( s) that would be lost, damaged or destroyed by
allowing this site to be annexed, zoned and developed with commercial uses. Any existing trees
larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR
EQUITY BENEFITS, LLC - (AZ-O4-00i)
PAGE 8 OF 15
23.
It is found that the annexation of this property would be in the best interest of the City
for the following reasons:
. increased ot'ticelcommercialland base availability;
. increased property tax revenue;
. municipal services are available to the area; and
. the application substantially complies with the Comprehensive Plan.
24.
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. 11, and all sub"parts, the economic
welfare of the City and its residents and tax and rate payers will be protected, a condition of
annexation and zoning designation.
25.
It is also found that the development considerations as referenced in Finding No.
11 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 hannonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
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 witlún the area of city impact as provided by Idaho Code Section 50-222. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCA TION
FOR ANNEXATION AND ZONING FOR
EQUITY BENEFITS, LLC. (AZ-O4.001)
PAGE9 OF 15
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 take judicial !1otice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4.
The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Chapter VII, Goal IV, Objective D, Action item 2
Chapter VII, Goal IV, Objective D, Action item 4
Chapter IV, Goal I, Objective A, Action item 6
Chapter VIT, Goal I, Objective B, Action item 5
Chapter V, Goal III, Objective D, Action item 5
5.
The zoning of (C-G) General Retail and Service Commercial is defined in the Zoning
Ordinance at § 11-7.2 K as follows:
(C-G\ General Retall and Service Commercial District: The purpose of the C-G District
is to provide for commercial uses which are customarily operated entirely or almost entirely
within a building; to provide for a review of the impact of proposed commercial uses which
are auto and service oriented and are located in close proximity to major highway 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.
Since the annexation and zoning of land is a legislative function, the City has
autborityto p1aceconditions upon the annexation ofland. See Burt vs. The CitvofIdaho Falls, IDS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONJNG FOR
EQUITY BENEFITS, LLC - (AZ-04-00l)
PAGE 10 OF 15
Idaho 65,665 P2d 1075 (1983).
7.
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 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, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8.
Pursuant to Section ll-16-4A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, theCityCouneildoes hereby Order and this does
Order:
1.
The applicant's request for annexation and zoning ofapproximately 0.56 acres to C-
G (General Retail and Service Commercial) is granted subject to the terms and conditions of this
Order hereinafter stated.
2.
The application is for annexation and zoning of 0.56 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall confonn
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3.
Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING FOR
EQUITY BENEFITS. LLC . (~4-001)
PAGE 11 OF 15
with the City of Meridian, which provides for the following conditions of development, to-wit:
A.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
1. The submitted legal description meets the requirements of the City of Meridian and State
Tax Commission and will place the parcel contiguous to existing city limits.
2. The subject property is within the Urban Services Planning Area.
3. All future development of the subject property shall be constructed in accordance with
City of Meridian ordinances in effect at the time of development.
4. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be
entered into between tl1e City of Meridian and the property owner(s). The DA shall
require that:
. The existing residential use be abandoned upon annexation and zoning.
. A Certificate of Zoning Compliance (CZC) application shall be submitted to
the Planning and Zoning Department within 30 days of annexation into the
City.
The applicant shall be required to extend water and sanitary sewer mains to
provide service.
Prior to issuance ora Certificate of Zoning Compliance (CZC), fIre hydrant
spacing per the International Fire Code (within 250-feet of the centerline of
the driveway) shall be provided. Commercial and office occupancies will
require a fire-flow consistent with the Unifonn Fire Code to service the
proposed project.
Any other conditions demed by the Commission and CounciL
.
.
.
5.
Remove any existing domestic wells and/or septic systems within this project from
their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
OTHER AGENCYIDEPARTMENT COMMENTS/CONDITIONS
MERIDIAN FIRE DEPARTMENT COMMEmS/CONDITIONS (AZ-O4-001)
1.
Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
2.
Provide fire hydrant spacing per the International Fire Code (within 250-feet of the
centerline of the driveway). Commercial and office occupancies will require a flre-
flow consistent with the Uniform Fire Code to service the proposed project.
a. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONlNG FOR
EQUITY BENEFITS, LLC - (AZ-O4-001)
PAGE 12 OF 15
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrmt markers shall be provided per Public Works specs.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of
the hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3.
All entrance and intema1roads shall have a tumingradius of28' inside and 48'
outside.
4.
Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
5.
Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
6.
The roadways shall be built to Ada County Highway Standards and shall have a
clear driving surface, available at all times, which is 20', wide. Streets with less
than a 29' street width shall have no parking. Streets with less than 33' shall have
parking only on one side.
7.
Fire lanes md streets shall have a vertical clearance of 13'6". 11ùs includes mature
landscaping.
8.
Any activity involving the use or storage of flammable or explosive materials shall be
protected by adequate f¡refighting and fire-prevention equipment and by such safety
devises as are normally used in the handling of MY such material. Such hazards shall
be kept removed ftom adjacent activities to a distance which is compatible with the
potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC
11-12-3.C, and the National Safety Foundation publications.
SANITARY SERVICE CO. COMMENTS/CONDITIONS
1. Design the trash enclosure(s) per the standard recommendations ofS SC for access, gates,
floor/pad, container stops/bumpers, and dimensions. Coordinate the design with SSC.
Approval of the trash enclosure design will be required prior to issuance of a Certificate
of Zoning Compliance (CZC) for the project.
4.
The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation oftbe real property which is the subject ofthe
applici!tion to (C-G) General Retail and Service Commercial District, and Meridian City Code § 11-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING FOR
EQUITY BENEFITS, LLC . (AZ-O4-O0l)
PAGE 13 OF 15
7-2.
5.
Subsequent to the passage of the Ordinance provided for in section 4 0 f 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
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003. the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action ofthe govenring body of the City of Meridian,
pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real
property which rnay be adversely affected by this decision may, within twenty-eight (28) days after
the date of this decision and order, seek ajudicial review as provided byChapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the
2-7-tfL day of
+;¿
,2004.
ROLLCALL
COUNCILMAN SHA UN WARDLE
VOTED~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPliCATION
FOR ANNEXATION AND ZONING FOR
EQU1TY BENEFITS, Il£ - (AZ-O4-001)
PAGE 14 OF IS
COUNCILMAN BILL NARY
VOTED~
COUNCILMAN CHARLIE ROUNTREE
VOTED~
VOTED~
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: ~-$7-(?4-
MOTION:
APPROVED:~ DISAPPROVED:-
VOTEDr
Attest:
B~¡{y~fJ=-
City Clerk
Dated:
Z:I WorklMlMeridíanlMeridian 1536 OMJ3quily BenefiJa AZ-()< .OO llAZfltl&Olùer.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND WNING FOR
EQUITY BENEFITS, LLC - (AZ-O4-OOl)
PAGE IS OF 15