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Blue Marlin AZ 03-025 PARTIES: ADA COUNTY RECORDER J, DAVID NAVARRO AMOUNT ,00 35 BOISE IDAHO 04/21/05 01:45 PM ~~~:E~i:~:~~~ST OF 1111111111111111111111111111111111111 Meridian Cily 105048793 DEVELOPMENT AGREEMENT 1. 2. City of Meridian Winston H. Moore, OwnerlDeveloper -fA THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this /2 - day of ~íL ,2005, by and between CITY OF MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY', and Winston H. Moore, hereinafter called "OWNERIDEVELOPER". 1. 1.3 1.4 1.5 1.6 RECITALS: 1.1 WHEREAS, "OWNERIDEVELOPER" is the sole owner, in law and/or equity, of certain tract ofland in the County of Ada, State ofIdaho, 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. § 67-65I1A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition ofre-zoning that the "Owner" make a written commitment concerning the use or development of the subject "Property"; and WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and WHEREAS, "Owner" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (C-G) General Retail and Service Commercial District, (Municipal Code of the City of Meridian); and WHEREAS, "OwnerlDeveloper" 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 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 DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN) PAGE 1 OF 13 1.7 1.8 1.9 1.10 responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and WHEREAS, City Council, the 23rd day of March, 2004, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in ExhibitB, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and WHEREAS, the Findings require the "Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and "OWNER" 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 zoning designation ITom govemment subdivisions providing services within the planning jurisdiction and ITom affected property owners and to ensure re- 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. 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 ofthis Agreement the following words, terms, and phrases herein contained in this section shall be defmed and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN) PAGE 2 OF 13 3.2 3.3 4. "OWNERIDEVELOPER": means and refers to Winston H. Moore whose address is PO Box 8204, Boise, Idaho 83707, 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 CoG (General Retail and Service Commercial District) attached hereto and by this reference incorporated herein as if set forth at length. USES PERMITTED BY THIS AGREEMENT: 4.1 4.2 5. The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Sectionll: 7-2 (C) which are herein specified as follows: "Owner/Developer" shall not develop all or any part of the "Property" unless and until it has applied for and received either (a) a site-specific conditional use permitfor the parcel to be developed, or (b) approvalfora planned development of the entire "Property. " The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this AZ-O3-025 application: Chapter VII,pgs. 97-98, Chapter Iv, GoalI, Obj. A, #6, Chapter Iv, Goal II, Obj. A, Chapter V, Goal III, Obj. B, #8, Chapter VI, Subsection 2, pg. 71, Chapter VII, GoalI, Obj. B, # 5, Chapter VII, Goal Iv, Obj. D, #7. No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. "OwnerlDeveloper" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Special Recommendation ofthe Planning & Zoning Commission as follow: 1. Delete Annexation and Zoning Site Specific Condition #3, page 8, of the 11/03/03 staff report in its entirety. 2. Replace Site Specific condition #3 with the following: "3.a. Prior to annexation ordinance approval, the City of Meridian and Winston H. Moore will enter into a Development Agreement (DA). This DA will require either a DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN) PAGE 3 OF 13 conditional use or a planned development application be submitted to the City of Meridian prior to future development. (per action of the City Council taken at their March 23, 2004 meeting, eliminate the word subdivision, so that the Development Agreement would require either a conditional use permit or a planned development. 3.b. A conceptual master plan will be submitted with the planned development application or if the project is phased, a site specific plan will be submitted. (Per action of the City Council taken at their March 23, 2003 meeting, eliminated the word "for" and replaced it with the work "or".) 3.c. Any future plan, whether a planned development or a phased project, shall show a continuous public or private road system that goes ITom Ustick Road north and may connect to the north boundary and may also connect to Eagle Road, State Highway 55, if allowed by ITD. The Developer shall provide further detail with the application for either a conditional use permit or a planned development for a roadway system within the project, as well as to how the traffic is going to be moved throughout the development, and such roadway system shall be consistent with the ITD and ACHD. (Per action of the City Council taken at their March 23, 2004 meeting by providing an additional last sentence pertaining to the roadway system within the development.)" B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. Remove any existing domestic wells and/or septic systems within this project ITom their domestic service, per City Ordinance Section 5/7/517, when services are available ITom the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. C. Adopt the Recommendations of ACHD as follows (provided that "Owner/Developer" does not waive its right to further negotiate project-specific conditions with ACHD): If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian. 1. The applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) 48-feet of right-of-way from centerline along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right-of-way. DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN) PAGE 4 OF 13 b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge ofthe existing right- of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. c. 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimum of300-feet from any existing roadway (measured centerline to centerline). 3. Construct any driveways that are proposed to intersect UstickRoad to align or offset a minimum of 230-feet from any existing or proposed driveway or street. 4. Once the access points have been approved by the District, they are to be identified as such on the construction drawings. The remaining frontage along arterial and collector streets shall be identified as having no access. 5. Comply with requirements ofITD for Eagle Road frontage. Submit a letter from ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever comes first. Contact the Idaho Transportation Department's District ill Traffic Engineer Dan Coonce at 334-8300. 6. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 3. 4. 5. 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shaH be borne by the developer. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387- 6258 (with file number) for details. All design and construction shaH be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Constructions Services procedures and all applicable ACHD Ordinances unless specificaHywaived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN) PAGE 5 OF 13 D. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to cailDIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contract ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or fined) are comprised during any phase of construction. 10. No charge in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shan be upon the applicant to obtain written confirmation of any change ITom the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirement or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Recommendations ofthe Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. 2. That a fire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. Acceptance of the water supply for fire protection win be by the Meridian Water Department. DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN) PAGE 6 OF 13 E. F. 2. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All internal and external roads shall have a turning radius of 28' inside and 48' outside. 5. Operational fire hydrants are required before combustible construction begins. 6. The fire lanes shall have a clear driving surface which is 20' wide available at all times. Adopt the Recommendations of the Nampa Meridian Irrigation District as follows: 1. All laterals and waste ways must be protected. 2. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa Meridian Irrigation District must review drainage plans and requires a Land Use Change Application be filed for review prior to final platting. 3. The Developer must comply with Idaho Code 31-3805. 4. NMID recommends that irrigation water be made available to all developments within the Nampa Meridian Irrigation District. Adopt the State of Idaho Transportation Department's Recommendations as follows (provided that "OwnerlDeveloper" does not waive its right to further negotiate access conditions with ITD): I. SH 55 has been designated a Principal Arterial. ITD would like Ada County and the City of Meridian to help us preserve the corridor by recognizing the following conditions. Future right of way widths will be, A: 120 feet each side of centerline (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage road type system to feeder roads. Access to a Principal Arterial Type IV will be intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than intersections) may be permitted in special cases on a temporary basis as follows: I) Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage road. Shall be recorded at the County Recorders Office Temporary access restrictions will be noted on the permit. 2) 3) DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN) PAGE 7 OF 13 3. Noise abatement (berms, fences, etc.) will be the responsibility ofthe developer and will be constructed off of the State Right of Way. (Further information about the noise abatement may be obtained from the Noise Abatement Measures, which is on file in the City Clerk's office. 6. COMPLIANCE PERIODICONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" or "Owners" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation ofthe "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" and if the "Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "OwnerlDeveloper" shan, 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. 9. DEFAULT: 9.1 9.2 In the event "OwnerlDeveloper", "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. A waiver by "City" of any default by "Owner" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN) PAGE 8 OF 13 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum ofthis Agreement or this Agreement, including all of the Exhibits, at "Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoningofthe "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 ofthis Agreement. 11. ZONING: "City" shan, 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", 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 ofthe covenants, agreements, conditions, and obligations contained herein. 12.1 12.2 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" shall have thirty (30) days after delivery of notice ofsaid 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, ifthe defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. In the event the performance of any covenant to be performed hereunder by either "Owner" or "City" is delayed for causes which are beyond the reasonable control 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" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN) PAGE 9 OF 13 15. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personany delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNERIDEVELOPER: clo City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Winston H. Moore PO Box 8204 Boise, Idaho 83707 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 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 any of the 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" 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 DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN) PAGE 10 OF 13 "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Agreement. 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 ITom 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" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, 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 governingre-zoning 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 ofthe "Property" and execution ofthe Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-O3-025 - BLUE MARLIN) PAGE 11 OF 13 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER /DEVELOPER: ~ STON H. 00 CITY OF MERIDIAN Attest: STATE OF IDAHO) : ss COUNTY OF ADA ) On this /,1 f!:: day of A~V"; J , 2005, before me, a Notary Public, personally appeared WINSTON H. OORE known or Identified to me to be the person who executed the instrument and acknowledged to me that he have executed the same. ~\\\\\I\lII""'111 "~,¡.,,S. GIPs. ""~ (SE~13-T'~...."'.. 0", ~ ~ ... .'. ~ ! / \<OTARY"" % ~*f .... ¡*æ ~ \. PUBL1C i § \, ..... ,/ $ "I %iF.åf~,".f ""'/ / IIII\I\\\~ ¿)~ J. ~ Notary Public 2J. Iqaho ......P Residing at: G4u- ~ Commission expires: l' - 2 t, - lye¡ DEVELOPMENT AGREEMENT (AZ-03-025 - BLUE MARLIN) PAGE 12 OF 13 STATE OF IDAHO) : ss County of Ada ) On this ftp'1... dayof §¡r;( ,2005, before me, a Notary Public, personally appeared Tammy de Weerd and Willi G. Berg, Jr., know or Identified to me to be the Mayor and Clerk, respectively, ofthe 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. """"""" ,"'~\CE L. s;:'- .' ....>' ...-...'~"" (SEAL) l "v'" -..;;. '\ ¡ I~OT-4b,...Ø \ . * "...-'. e i -'- , * ¡ \<J\\' J>{¡BL1C j j ~' /.0 # ~"1')~""", ~o .i' -...: OF 1'1> ~...., .",........, Public for Idaho g at: M~r~.{"4 "'- issionexpires: 0'1/;)../)/01 1 I DEVELOPMENT AGREEMENT (AZ-03-25) PAGE 13 OF 13 BEFORE THE MERIDIAN CITY COUNCIL ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) The above entitled annexation and zoning application having come on for public hearing IN THE MATTER OF THE APPLICATION FOR ANNEXATION AND ZONING OF 57.84 ACRES FOR PROPOSED BLUE MARLIN FROM RUT TO CoG, LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF USTICK ROAD AND EAGLE ROAD/SH 55, IMMEDIA TEL Y NORTH OF THE PROPOSED KISSLER/CO BBS/EA GY IR UWE ANNEXATION AND EAST OF CHAMPION PARK SUBDIVISION, MERIDIAN, IDAHO W.H. MOORE COMPANY, APPLICANT CIC 03/23/04 Case No. AZ-O3-025 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING on March 23,2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Jonathan Seel, Winston Moore, Tom Davis and Cornell Larsen, 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 AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-O3-02S) PAGE 1 OF 22 FINDINGS OF FACT 1. 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 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 current zoning maps thereof, and the Amended Comprehensive Plan ofthe 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 57.84 acres in size and is located on the northwest comer of the intersection of Us tick Road and Eagle Road/SH 55, immediately north of the proposed Kissler/Cobbs/EagylRuwe annexation and east of Champion Park Subdivision, 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. Per Ada County Assessor records*, there are three (3) separate tax parcels within the proposed annexation boundaries. The parcel ownerships are as follows: Winston H. Moore (2 parcels) Joann Crawford (1 parcel; middle) 29.70 acres 28.05 acres Total 57.75 acres (approx.) *(Note: While the Ada County Assessor records still show Crawford as'owner of the 28-acre parcel, a Warranty Deed was submitted with the application showing Mr. Moore purchased the property. However, the deed submitted with the application is not recorded and the Assessor's Office still shows Joann Crawford and Jack Joslin as the titled owners. Per staff's request, the Applicant submitted a Memorandum of Purchase Contract which outlines the legal rights of Winston H. Moore as the "Buyer" of the Crawford property." Said contract confirms that FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-O3-02S) PAGE 2 OF 22 6. Commercial). 7. W.H. Moore is the equitable owner of the 28-acre Crawford parcel and, as such, has the right to approve consent for the annexation application to be submitted to the City. Winston H. Moore has provided notarized consent for the subject application. The Applicant is W.H. Moore Co. of Boise, Idaho. s. The property is presently zoned RUT (Ada County). The Applicant requests the property be zoned as C-G (General Retail and Service The subject property is bordered to the north by RUT and Agricultural and zoned "Low Density" within the Boise City Area of Impact, to the south by RUT, to the east by Ro8, and to the west by RUT. 8. The Applicant proposes to develop the subject property in the following manner: no development plans were submitted with the application. 9. The Applicant requests zoning of the subject real property as CoG, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use-Regional. 10. There are no significant or scenic featuIes of major importance that affect the consideration of this application. 11. The City Council recognizes the concerns of Jack KetIinski, Wally Hedrick and Tom Davis addressed in their letters dated and February 11,2004, February 19,2004 and March 4, 2004. 12. Giving due consideration to the comments received ftom the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-03-G25) PAGE3 OF 22 governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development wi1I not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Special Recommendation of the Planning & Zoning Commission as follows: 1. Delete Annexation and Zoning Site Specific Condition #3, pg. 8, of the I 113/03 staff report in its entirety. 2. Rep1ace Site Specific condition #3 with the folJowing: "3.a. Prior to annexation ordinance approval, the City ofMeridial1 and Winston H. Moore will enter into a Development Agreement (DA). This DA will require either a conditional use or a planned development application be submitted to the City of Meridian prior to future developmel1t. (Per action of the City Council taken at their March 23, 2004 meeting, eliminate the word subdivision, so that the Development Agreement wou1d require either a conditional use permit or a planned development.) 3.b. A conceptual master plan will be submitted with the p1anned development application or a site specific plan with any conditional use. (per action of the City Council taken at their March 23, 2004 meeting, eliminated the word 'for" and replaced it with the word "or".) , 3.c. Any future plan shall show a continuous public or private road system that goes from Ustick Road north and may connect to the north boundary and may also connect to Eagle Road, State Highway 55, if allowed by lTD. The Developer shall provide further detail with the application for either a conditional use permit or a planned development for a roadway system within the project, as well as to how the traffic is going to be moved throughout the development, and such roadway system shall be consistent with the ITD and ACHD. (per action of the City Council taken at their March 23, 2004 meeting by providing an additional last sentence pertaining to the roadway system within the development)" B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATrON FOR ANNEXATrON AND ZONING BLUE MARLIN (AZ-O3-O25) PAGE4 OF22 1. Essential City services will be made available to the subject property. 2. Replace Site Specific condition #3 with the following: "3.a. 3.b. 3.c. Prior to annexation ordinance approval, the City of Meridian and Winston H. Moore will enter into a Development Agreement (DA). This DA will require either a conditional use or a planned development application be submitted to the City of Meridian prior to future development. (per action of the City Council taken at their March 23, 2004 meeting, eliminate the word subdivision, so that the Development Agreement would require either a conditional use pennit or a planned development.) A conceptual master plan will be submitted with the planned development application or a site specific plan with any conditional use. (Per action of the City Council taken at their March 23, 2004 meeting, eliminated the word "for" and replaced it with the word "or".) Any future plan shall show a continuous public or private road system that goes from Ustick Road north and may connect to the north boundary and may also connect to Eagle Road, State Highway 55, if allowed by lTD. The Developer shall provide further detail with the application for either a conditional use permit or a planned development for a roadway system within the project, as well as to how the traffic is going to be moved throughout the development, and such roadway system shall be consistent with the ITD and ACHD. (Per action of the City Council taken at their March 23, 2004 meeting by providing an additional last sentence pertaining to the roadway system within the development.)" 3. Remove any existing domestic wells and/or septic systems within this project fiom their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. c. Adopt the Recommendations of ACHD as follows: If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND WNING BLUE MARLIN (AZ-O3-O25) PAGES OF22 that may apply upon District review of future development, to the City of Meridian: 1. The applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed funn impact fees to be collected solely ftom the applicant's specific development project) 48-feet of right-of-way ftom centerline along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 4 I-feet &om the centerline of the right-of-way, in an easement provided to the District. C. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge offue existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset a minimum of 300-feet from any existing roadway (measured centerline to centerline). 3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a minimum of 230-feet from any existing or proposed driveway or street. 4. Once the access points have been approved by the District, they are to be identified as such on the construction drawings. The remaining frontage along arterial and collector streets shall be identified as having no access. 5. Comply with requirements ofITD for Eagle Road frontage. Submit a letter :!Tom ITD regarding the said requirements prior to District approval of the fmal plat or issuance of a building permit (or other required permits), whichever occurs fIrSt. Contact The Idaho Transportation Department's District ill Traffic Engineer Dan Coonce at 334- 8300. 6. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDJNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-O3-O2S) PAGE 6 OF 22 2. AU utility relocation costs associated with improving street ftoutages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. ' 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change ftom the Ada County Highway District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-O3-02S) PAGE 7 OF22 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions ill force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time ,the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed proj ect: 1. That a fire-flow as required by the Intemational Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 2. Acceptance of the water supply for fll'e protection wíII be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All internal & external roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants are required before combustible construction begins. 6. The fire lanes shall have a clear driving surface which is 20' wide available at all times. E. Adopt the Recommendations of the Nampa Meridian Irrigation District as follows: 1. All laterals and waste ways must be protected. 2. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans and requires a Land Use Change Application by filed for review prior to final platting. 3. The Developer must comply with Idaho Code 31-3805. 4. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONiNG BLUE MARLIN (AZ-O3-o2S) PAGES OF 22 F. Adopt the State ofIdaho Transportation DepartiUent's Recommendations as follows: 1. SH 55 has been designated a Principal Arterial. ITD would like Ada County and the City of Meridian to help us preserve this corridor by recognizing the following conditions. Future right of way widths will be, A: 120 feet each side of centerline (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides all internal frontage road type system to feeder roads. 2. Access to a Principal Arterial Type W will be intersections only, and spaced at one mile intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than intersections) may be permitted in special cases and on a temporary basis as follows: (2) (3) Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a frontage or backage road. Shall be recorded at the County Recorders Office. Temporary access restrictions will be noted on the permit. (I) 3. Noise abatement (benns, fences, etc.) will be the responsibility of the developer and will be constructed off of the State Right of Way. (Further information about the noise abatement may be obtained from the Noise Abatement Measures, which is on file in the City Clerk's office.) It is found that the 2002 Comprehensive Plan Future Land Use Map designates all of the subject properties as "Mixed Use-Regional". The purpose of this designation is "to provide for a 13. combination of compatible land uses that are typically developed under a master or conceptual plan. . . and to identify key areas [of the City] which are either infill in nature or situated in highly visible or transitioning areas of the City where innovative and flexible design opportunities are encouraged. The intent oftrns designation is to offer the developer a greater degree of design and use flexibility". , Additionally, the following Comprehensive Plan text policies are applicable to this application: Chapter VII, pgs. 97-98, Chapter W, Goal I, Obj. A, #6, Chapter IV, Goal II, Obj. A, Chapter V, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING BLUE MARliN (AZ-O3-02S) PAGE9 OF 22 Goal III, Obj. B, #8, Chapter VI, Subsection 2, pg. 71, Chapter VII, Goal I, Obj. 8, #5, ChapterVTI, Goal N, Obj. D, #7. 14. The general vicinity of this project is experiencing a rapid change from agricultural and low density residential uses to commerciallurban type development. Champion Park Subdivision (aka "Parkstone") is a 100+ acre, mixed use development immediately west of the subject property, the fIrst phase of which has received final plat approval. Carol Professional Center is a six acre office park (zoned L-O) located approximately one half (Yz) mile south of the subject , , property on the west side of Eagle Road. Municipal water was extended east of Eagle Road a few years ago to serve Summer's Funeral Home. Providence Place Subdivision is a large, urban density residential subdivision located in Boise City less than a ~ mile east of the property. It is found that a rezone of the proposed property would be compatible with other land use and facility changes in the area. 15. No uses are proposed with this application. Certain permitted uses in the C-G zone such as bus stations, outdoor entertainment uses, wholesale facilities and service stations, could have a negative impact on the existing residential uses to the north and future homes in Champion Park. The other existing single family use near the subject property (the Nesmith out parcel) is designated as future mixed use in the comprehensive plan. It is found that any future uses, if designed, constructed and operated in accordance with adopted city ordinances and future CUP applications, should be harmonious and appropriate in appearance with the existing character of the vicinity. 16. It is found that the majority of future uses on the subject property will not be hazardous or disturbing to existing or future neighboring uses if all development and landscaping FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-O3-02S) PAGE 10 OF 22 ordinances are exercised. Some uses may be disturbing to existing residential uses to the west. 17. It is found that roadway improvements will be required on UstickRoad tohandIethe additional traffic generated by future development. Sanitary sewer and water are either currently available or under construction to provide service to the area. Comments were submitted by the Meridian Fire Department, and are addressed in paragraph 12.D. above. All other public services and facilities noted above appear to be adequate to service this property. 18. It is found that this development will not cause excessive additional requirements at public cost. The South Slough Trunk extension was funded by the City of Meridian but will not create new demands on the public coffer for this development. Other required site improvements will be funded and constructed by the developer. It is also found that the annexation and zoning alone will not be detrimental to the community's economic welfare. 19. It is found that several of the allowed uses in the C-G zone may involve activities, processes, materials, equipment or conditions that could produce excessive traffic and noise and have other public impacts. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of some uses such as fire hazards, bulk storage, and contractor's yards. In addition, a Development Agreement could establish use parameters that would prevent detrimental effects. To comply with this finding a DA shall be entered into which requires a conceptual plan for future uses, paying particular attention to uses along the north and northwest boundaries. 20. It is found that any future uses will impact the level and flow of traffic on the surrounding streets. Specific traffic counts will be determined at the time of development application. In accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg. 107), it is found FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARUN (AZ-O3-Q25) PAGE 11 OF22 that the number of vehicular access points to Ustick and Eagle Roads should be restricted and comply with ACHD policies in order to preserve the capacity and movement on these roadways at build-out. 21. It is found that the armexation alone will not result in the destruction, loss or damage of other natural features. 22. It is found that the annexation of this property would be in the best interest of the City for the following reasons: . increased commercial land base available to future developers; . increased property tax revenue; . municipal services are available to the area; and . application substantially complies with the Comprehensive Plan. It is also found that, based upon the infonnation submitted in the application, it is difficult for the Commission and Council to fully determine "best interest" factors, since no future users are known at this time. The CUI'/PD process does grant the City a fairly high degree of design and use review authority, but the additional demand on staff to process such applications should also be considered. 23. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of armexation and zoning designation. 24. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-O3-1J2S) PAGE 12 OF22 development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, 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 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 take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act ofI975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Chapter VII, pgs. 97-98, Chapter IV, Goal I, Obj. A, #6, Chapter IV, Goal II, Obj. A, Chapter V, Goal lll, Obj. B, #8, Chapter VI, Subsection 2,pg. 71, Chapter VII, Goal I, Obj. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-O3-025) PAGE 13 OF 22 B, #5, Chapter VII, Goal N, Obi. D, #7. 5. The zoning of(C-G) General Retail and Service Commercial is derIDed in the Zoning Ordinance at § 11-7-2 K as follows: (CoG) General Retail and Service Commercial District: The purpose of the C-G District is to provide for conunercial 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 s1reets; to fulfill tlie 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 tlie City, and shall not constitute strip commercial development and encourage clustering of conunercial development. 6. Since the annexation and zoning of land is a legislative function, the City has autliority to place conditions upon tlie annexation ofland. See Bnrtvs. The CitY ofIdaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances oftlie 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 11.16-4 AoftheZoningand Development Ordinance the owner and/or developer shall enter into a Development Agreement. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City CoUDclldoes hereby Order and this does FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER. GRANTING APPUCATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-O3-025) PAGE 14 OF 22 Order: 1. The app1icant's request for annexation and zoning of approximately 57.84 acres to General Retail and Service Commercial (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of57.84 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. TIle legal description for anneKation must place this parcel contiguous to the Cotporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Special Recommendation of the Planning & Zoning Commission as follows: 1. Delete Annexation and Zoning Site Specific Condition #3, pg. 8, of the 11/3/03 staff report in its entirety. 2. Replace Site Specific condition #3 with the following: "3.a. Prior to annexation ordinance approval, the City of Meridian and Winston H. Moore win enter into a Development Agreement (DA). This DA will require either a conditional use or a planned development application be submitted to the City of Meridian prior to future development. (per action of the City Council taken at their March 23, 2004 meeting, eliminate the word subdivision, so that the Development Agreement would require either a conditional use permit or a planned development.) 3.b. A conceptual master plan will be submitted with the planned development application or a site specific plan with any conditional use. (Per action of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONJNG BLUE MARLIN (AZ-Q3-O25) PAGE 15 OF22 City Council taken at their March 23, 2004 meeting, eliminated the word "for" and replaced it with the word "or".) 3.c. Any future plan shall show a continuous public or private road system that goes from Ustick Road north and may connect to the north boundary and may also connect to Eagle Road, State Highway 55, if allowed by lTD. The Developer shall provide further detail with the application for either a conditional use pennit or a planned development for a roadway system within the project, as well as to how the traffic is going to be moved throughout the development, and such roadway system shall be consistent with the ITD and ACHD. (per action of the City Council taken at their March 23,2004 meeting by providing an additional last sentence pertaining to the roadway system within the development.)" B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. Essential City services will be made available to the subject property. 2. Replace Site Specific condition #3 with the following: "3. a. 3.b. 3.c. Prior to annexation ordinance approval, the City of Meridian and Winston H. Moore will enter into a Development Agreement (DA). This DA will require either a conditional use or a planned development application be submitted to the City of Meridian prior to future development. (Per action of the City Council taken at their March 23, 2004 meeting, eliminate the word subdivision, so that the Development Agreement would require either a conditional use permit or a planned development.) A conceptual master plan will be submitted with the planned development application or a site specific plan with any conditional use. (per action of the City Council taken at their March 23, 2004 meeting, eliminated the word "for" and replaced it with the word "or".) Any future plan shall show a continuous public or private road system that goes from U stick Road north and may connect to the north boundary and may also connect to Eagle Road, State Highway 55, if allowed by lTD. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING BLUE MARLIN (AZ-O3-02S) PAGE 16 OF 22 The Developer shall provide further detail with the application for either a conditional use permit or a planned development for a roadway system within the project, as well as to how the traffic is going to be moved throughout the development, and such roadway system shall be consistent with the ITD and ACHD. (Per action of the City Council taken at their March 23, 2004 meeting by providing an additional last sentence pertaining to the roadway system within the development.)" 3. Remove any existing domestic wells and/or septic systems within this project ITom their domestic service, per City OrdinlU1ce Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. c. Adopt the Recommendations of ACHD as follows: If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: 1. The applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development projOOt) 48-feet of right-of-way from centerline along Ustick Road, and construct a minimum S-foot wide concrete sidewalk alol1g U stick Road, located a minimum of 41-feet from the Å“nterline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary w:ljustments to properly accommodate existing drainage and utilities. 2. Construct any local row:lways that are proposed to intersect Ustick Road to align or offset a minimum of 300-feet from any existing row:lway (measured centerline to centerline). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-O3-025) PAGE 17 OF 22 3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a minimum of 23Q-feet from any existing or proposed driveway or street. 4. Once the access points have been approved by the District, they are to be identified as such on the construction drawings. The remaining frontage along arterial and collector streets shall be identified as having no access. 5. Comply with requirements ofITD for Eagle Road frontage. Submit II letter ITom ITD regarding the said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs flfSt. Contact The Idaho Transportation Department's District III Traffic Engineer Dan Coonce at 334- 8300. 6. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation cost¡¡ associated with improving street frontages àbutting the site shall be bome by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the conslruction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. S. All design and construction shall be in acrordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permit¡¡), wlrich incorporates any required design changes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-O3-02S) PAGE 18 OF 22 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shaIl contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofWs approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant 10 obtain written confmnation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. That a fire.. flow as required by the rntemational Fire Code is provided to service the entire project. Fire hydrants shall be placed an average 0050' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locanons shall .be by the Meridian Fire Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND WNING BLUE MARLIN (AZ-O3-D25) PAGE 19 OF 22 4. All internal & external roads shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants are required before combustible construction begins. 6. The fIre lanes shall have a clear driving surface which is 20' wide available at all times. E. Adopt the Recommendations of the N ampa Meridian Irrigation District as follows: 1. All laterals and waste ways must be protected. 2. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans and requires a Land Use Change Application by filed for review prior to fmal platting. 3. The Developer must comply with Idaho Code 31-3805. 4. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. F. Adopt the State ofIdaho Transportation Department's Recommendations as follows: 1. SH 55 has been designated a Principal Arterial. ITD would like Ada County and the City of Meridian to help us preserve this corridor by recognizing the following conditions. Future right of way widths will be, A: 120 feet each side of centerline (240 feet total) for building setbacks and to include a frontage road, or B: 70 feet each side of centerline (140 feet total) if the developer provides an internal frontage road type system to feeder roads. 2, Access to a Principal Arterial Type IV will be intersections only, and spaced at one mile intervals in rural areas and one-half mile inte1val.s in urban areas. Approaches (other than intersections) may be permitted in special cases and on a temporary basis as follows: (1) Allowed until state highway system is improved by a construction project at which time an access will be provided to the property, which may not directly access the state highway system, but may be via a ftontage or backage road. Shall be recorded at the County Recorders Office. Temporary access restrictions will be noted on the permit. (2) (3) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-O3-02S) PAGE20 OF22 3. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed off of the State Right of Way. (Further infonnation about the noise abatement may be obtained from the Noise Abatement Measures, which is on file in the City Clerk's office.) 4. 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 (C-G) General Retail and Service Commercial District, and Meridian City Code § 11- 7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing,. and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-O3-02S) PAGE 21 OF 22 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 19prì Z . ,2004. ROLL CALL COUNCILMAN SHAUNWARDLE $0 ~ day of VOTED -þ VOTED*, VOTED -p- VOTED~ VOTED - FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING BLUE MARLIN (AZ-O3-O25) PAGE22 OF 22