Loading...
Stratford Business Park AZ 00-005, ' < ' CORDED'REQUEST oF ' BOISE, t~AHO ~ ' DEVELOPMENT AGREEMENT 05-03-00 PARTIES: 1. 2. City of Meridian Howell Murdoch Development Corporation, an Idaho corporation THIS DEVELOPMENT AGREEMENT (this ,'Agreement"), is made and entered into this /a~'~-q-nday of /~'~ .~q*a~' , 2000, by and between CITY OF MERIDIAN, a municipal corporation/6f the State of Idaho, hereafter called "CITY", and HOWELL MURDOCH DEVELOPMENT CORPORATION, an Idaho corporation, "DEVELOPER"/"OWNER" whose address is 1087 W. River St., Boise, Idaho 83702. 1. RECITALS: 1.1 WHEREAS, "DEVELOPER"/"OWNER" Howell Murdoch Development Corporation, an Idaho corporation, is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full; and 1.2 WHEREAS, I.C. §67-651 iA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Developer"/"Owner" make a written commitment concerning the use or development of the subject"Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Code §§ 11-7-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, "Developer'7"Owner" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of Medium Density Residential District (R-8), (Meridian City Code) Case No. AZ-00-005; and DEVELOPMENT AGREEMENT - (AZ-00o005) - 1 fILE (?OP¥ DEVELOPMENT AGREEMENT 05-03-00 PARTIES: 1. 2. City of Meridian Howell Murdoch Development Corporation, an Idaho corporation THIS DEVELOP_z,MENT AGREEMENT (this "Agreement"), is made and entered into this /'o~---day of ~'~,~s,~' , 2000, by and between CITY OF MERIDIAN, a municipal corpor~[tii)~ri~ the State of Idaho, hereafter called "CITY", and HOWELL MURDOCH DEVELOPMENT CORPORATION, an Idaho corporation, "DEVELOPER"/"OWNER" whose address is 1087 W. River St., Boise, Idaho 83702. 1. RECITALS: 1.1 1.2 1.3 1.4 WHEREAS, "DEVELOPER"/"OWNER" Howell Murdoch Development Corporation, an Idaho corporation, is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, I.C. §67-651 IA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Developer"/"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 Meridian City Code §§ 11-7-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re- zoning of land; and WHEREAS, "Developer"/"Owner" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of Medium Density Residential District (R-8), (Meridian City Code) Case No. AZ-00-005; and DEVELOPMENT AGREEMENT - (AZ-00-005) - 1 1.5 WHEREAS, "Developer"/"Owner" has 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 io6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and WHEREAS, City Council, the /~ day of ,/i.1a~,/ , 2000, has approved certain annexation and zoning Findings' of Fact and Conclusions of Law and Decision and Order, Case No. AZ-00-005, 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 1.8 WHEREAS, both the "Findings" require the "Developer"/"Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning and zoning designation; and 1.9 "DEVELOPER"/"OWNER" deems it to be in its best interest to be able to enter into this Agreement and aclmowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer"/"Owner" to enter into a development agreement for the purpose of ensuring that "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 and re- 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 DEVELOPMENT AGREEMENT - (AZ-00-005) ~ 2 with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 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 "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. 3.2 "DEVELOPER"/"OWNER": means and refers to Howell Murdoch Development Corporation, an Idaho corporation, and its successors, assigns and affiliates, whose address is 1087 W. River St., Boise, Idaho 83702, the party developing "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to Property, owned by Howell Murdoch Development Corporation, an Idaho corporation, 1087 W. River St., Boise, Idaho 83702, which is that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT - (AZ-00-005) - 3 USES PERMITTED BY THIS AGREEMENT: 4.1 The uses and development allowed pursuant to this Agreement of the subject property shall be subject to and pursuant to those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code §11-7-2 D which are herein specified as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. For the construction and development of a police station and other uses as permitted in the R-8 zone and compatible with the City's Comprehensive Plan and Zoning Ordinances. 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 "Developer/Owner" shall develop the "Property" in accordance with the following special conditions: 5.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. DEVELOPMENT AGREEMENT - (AZ-00-005) - 4 ¸5.2 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 5.3 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 5.4 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 5.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 5.7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 5.8 Provide five-foot-wide sidewalks in accordance with City Ordinance. 5.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 5.10 The legal description .submitted for the property is correct and plaCes the parcels contiguous to existing city limits. 5.11 The proposed R-8 zone is in compliance with the current Comprehensive Plan for single family residential. DEVELOPMENT AGREEMENT - (AZ-00-005) - 5 5.12 5.13 The proposed name of Stratford Business Park should not be approved as part of this application because business parks are prohibited in R-8. Instead it should be named Stratford Park. The park cannot be proposed until the comprehensive plan for the property changes. The current draft of the future land use map does show the area as commercial. 5.14 5.15 5.16 5.17 5.18 All non-residential uses of the property shall be required to follow the Conditional Use process. Commercial uses shown in the Zoning Schedule of Use Control as 'prohibited' will remain prohibited. The requirement for all non-commercial uses to follow the CUP process may be changed at a future date by a revised development agreement if the property is rezoned. A minimum 20-foot landscape buffer beyond all right of way shall be required as a condition of annexation. The Applicant shall be required to follow through with the platting requirements as per Meridian City Code. . Dedicate 48~feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (Or other required permits), whichever occurs first. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the parcel, located 2-feet within the new right-of-way. COordinate the location, elevation and grade of the sidewalk with District staff. 5.19 Extend Watertower Lane into the site as a 40-foot street section with curb, gutter and 5-foot wide concrete sidewalk within 58-feet of right-of-way. 5.20 Extend AdMns Drive into the site as a 40-foot street section with curbs, gutters, and sidewalks within 58-feet of right-of-way. DEVELOPMENT AGREEMENT - (AZ-00-005) - 6 5.21 Locate any propoSed public street or driveway to align or offset 220 feet from any approved/proposed public street. 5.22 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 5.23 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 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 "Developer/Owner" or "Developer/Owner"'s heirs, successors, assigns, to comply with Sections 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67- 6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer/Owner" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" to which the default applies 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 "Developer/Owner" and if the "Developer/Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer/Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. DEVELOPMENT AGREEMENT - (AZ-00-005) - 7 9. DEFAULT: In the event "Developer/Owner", "Developer/Owner"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated with respect to the "Property" which is in default by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Developer/Owner" 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 of the Exhibits, at "Developer/Owner"'s cost, and submit proof of such recording to "Developer/Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City CoUncil. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 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 "Developer/Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. DEVELOPMENT AGREEMENT - (AZ-00-005) - 8 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer/Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer/Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 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 required in section 6 of this agreement, which the "Developer/Owner" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer/Owner" agrees that no Certificates of Occupancy will be issued until all improvements required in section 6 of this agreement are completed, unless the "City" and "Developer/Owner" have entered into an addendum agreement stating when the improvements required in section 6 of this agreement will be completed in a phased development; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements required in section 6 of this agreement have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer/Owner" agrees to abide by all ordinances of the City of Meridian and "Property" as the case may be shall be subject to de-annexation if the owner or his assigns, heirs, or successors DEVELOPMENT AGREEMENT - (AZ-00-005) - 9 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 follo~vs: CITY: DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Howell Murdoch Development Corporation, an Idaho corporation 1087 W. River St. Boise, Idaho 83702 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 aclmowledge 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 DEVELOPMENT AGREEMENT - (AZ-00-005) - 10 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 "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer/Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer/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 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 "Developer/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 "Developer/Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change, addendum 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 DEVELOPMENT AGREEMENT - (AZ-00-005) - 11 amendment in force at the time of the proposed amendment except that minor modification(s) of required improvements provided for in section 7 may be approved by City Public Works and Planning and Zoning Staff, if such changes are required or preferred by Ada County Highway District Staff. 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-00-005) o 12 ACK_NOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER/OWNER Iqowell Murdoch Development Corporation, an Idaho corporation, Developer ATTEST: BY RESOLUTION NO. CITY OF MERIDIAN DEVELOPMENT AGREEMENT - (AZ-00-005) - 13 STATE OF IDAHO COUNTY OF ADA ) :SS On this /~J:~ day of ~,,-"~.~.p" , in the year 2000, before me, a Notary Public, in and for said'C/buntv and State, personally appeared ~ z,~J,~2~. ,,~,~,~ ~d' , ~ .~.r~,~,J,,/ , o f H owe 11 Murdoch Development Corporation, an Idaho corporation, known or identified to me to be the persons who executed the instrument and acknowledged to me that they did execute the foregoing instrument on behalf of said corporation. Notary P~tbiic My Commission expires: STATE OF IDAHO ) :SS County of Ada ) On this ~t~ day of , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. Nota~~for Idaho Commission expires: DEVELOPMENT AGREEMENT - (AZ-00-005) - 14 EXHIBIT A AZ-00-005 LEGAL A parcel of land being the North half of the Southeast 1/4 of the Northeast 1/4 of Section 18, T. 3N., R. 1E., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap marking the Northeast corner of Section 18, T. 3N., R. 1E., B.M., Ada County, Idaho; thence South 00°31'15'' West along the Easterly boundary of said Section 18, 1,329.55 feet to an iron pin marking the North 1/16 corner of said Section 18, said point being the REAL POINT OF BEGINNING; thence continuing along said Easterly boundary South 00°31'15" West, 664.63 feet to a point; thence leaving said Easterly boundary South 89036'07'' West, 1,326.23 feet to a point on the Westerly boundary of the North half of the Southeast 1/4 of the Northeast 1/4 of said Section 18; thence North 00029'39" East along said Westerly boundary, 660.00 feet to an iron pin marking the NE 1/16 corner of said Section 18; thence leaving said Westerly boundary North 89°39'40'' East, 1,326.53 feet to the REAL POINT OF BEGINNING. Said parcel contains 20.26 acres, more or less. DEVELOPMENT AGREEMENT- (AZ-00-005) - 15 EXHIBIT B AZ-00-005 Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - (AZ-00-005) - 16 BEFORE THE MERIDIAN CITY COUNCIL 05-03~00 IN THE MATTER OF THE ) APPLICATION OF HOWELL ) MURDOCH DEVELOPMENT ) CORPORATION, THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 20.26 ACRES FOR THE ) PROPOSED STRATFORD ) BUSINESS PARK, LOCATED ) ALONG THE WEST SIDE OF ) LOCUST GROVE ROAD ) BETWEEN FRANKLIN ROAD ) AND 1-84, MERIDIAN, IDAHO ) ) Case No. AZ-00-005 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on May. 2, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Dave Williams, and the City Council having duly considered the evidence and the record in this matter therefore makes the folloxving Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HOWELL MURDOCH DEVELOPMENT CORPORATION / (AZ-00-005) zoning ~vas published for tsvo (2) consecutive ~veeks prior to said public hearing scheduled for May 2, 2000, before the City Council, the first publication appearing and ~vritten notice having been mailed to property o~vners or purchasers of record ~vithin three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior Co said hearing and ~vith the notice of public hearing having been posted upon the property under consideration more than one ~veek before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 2, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance ~vith 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. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted DeCember 21, 1993, Ordinance No. 629, January `1,199't, and maps and the ordinance Establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HOWELL MURDOCH DEVELOPMENT CORPORATION/(AZ-00-005) 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 20.26 acres in size and is located along the west side of Locust Grove Road between Franklin Road and 1-84. The property is designated as Stratford Business Park. 5. The o,vner of recOrd of the subject property is Howell Murdoch Development Corp., of Boise, Idaho. 6. Applicant is owner of record. 7. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of vacant land. 8. The Applicant requests the property be zoned as Medium Density Residential (R-8). 9. . The subject property is bordered to the north by Light Industrial, to the west by General Retail and Service Commercial, to the South by county residential zoning to the east by the proposed Woodbridge Subdivision zoned R-4 and city limits of the City of Meridian are adjacent and abut to the north and west of the subject property. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HOWELL MURDOCH DEVELOPMENT CORPORATION / (AZ-00-005) Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the follo~ving manner: develop a police station and other uses as permitted in the R-8 zone and compatible with the City's Comprehensive Plan and Zoning Ordinances. 13. The Applicant requests zoning of the subject real property as R-8 ~vhich is consistent ~vith the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: Adopt the Recommendations of the Planning and Zoning and Engineering departments as follows: 15.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans. Plans will need to be FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HOWELL MURDOCH "DEVELOPMENT CORPORATION/(AZ-00-005) approved by the appropriate irrigation/drainage district, or lateral users association, ~vith ~vritten confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 15.2 Any existing domestic ~vells and/or septic systems within this project ~vill have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 15.3 Off-street parking shall be provided in accordance ~v/th City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 15.4 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance ~vith Americans with Disabilities Act (ADA) requirements. 15.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 15.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. 15.7 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 15.8 Provide five-foot-wide sidewalks in accordance with City Ordinance. 15.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 15.10 The legal description submitted for the property is correct and places the parcels contiguous to e:dsting city limits. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HOWELL MURDOCH DEVELOPMENT CORPORATION / (AZ-00-005) 15.11 The proposed R-8 zone is in compliance with the current Comprehensive Plan for single family residential. 15.12 The proposed name of Stratford Business Park should not be approved as part of this application because business parks are prohibited in R-8. Instead it should be named Stratford Park. The park cannot be proposed until the comprehensive plan for the property changes. 15.13 Staff has done an initial review of the parcel in regard to the current Comprehensive Plan Update process. The current draft of the future land use map does show the area as commercial. 15.14 All non-residential uses of the property will be required to follow the Conditional Use process. Commercial uses shown in the Zoning Schedule of Use Control as 'prohibited' ~vill remain prohibited. The requirement for all non-commercial uses to follow the CUP process may be changed at a future date by a revised development agreement if the property is rezoned. 15.15 A minimum 20-foot landscape buffer beyond all right of svay should be required as a condition of annexation. 15.16 A Development Agreement is required as a condition of annexation. 15.17 The Applicant shall be required to follow through with the platting requirements as per Meridian City Code. Adopt the Recommendations of the Ada County Highway District as follows: 15.18 Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (Or other required permits), whichever occurs first. 15.19 Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the parcel, located 2-feet within the new right-of-~vay. Coordinate the location, elevation and grade of the sidewalk with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HOWELL MURDOCH DEVELOPMENT CORPORATION / (AZ-00-005) 15.20 Extend Waterto~ver Lane into the site as a 40-foot street section ~vith curb, gutter and 5-foot wide concrete sidewalk ~vithin 58-feet of right-of- ~vay. 15.21 Extend Adldns Drive into the site as a 40-foot street section ~vith curbs, gutters, and side~valks ;vithin 58-feet of right-of-~vay. 15.22 Locate any proposed public street or driveway to align or offset 220 feet from any apProved/proposed public street. 15.23 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 15.24 As required by District policy, restrictions on the width, number and · locations of driveways, shall be placed on future development of this parcel. 16. 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. 15, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included ina development agreement, a condition of annexation and zoning designation. 17. It is also found that the development considerations as referenced in Finding No. ! 5 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HOWELL MURDOCH DEVELOPMENT CORPORATION/(AZ-00-005) 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. 18. It is found that the zoning of the subject real property as (R-8) Medium Density Residential District permits the establishment of single- and two-family dWellings at a density not exceeding eight (8) dwelling units per acre and requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 19. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 19.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 19.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HOWELL MURDOCH DEVELOPMENT CORPORATION / (AZ-00-005) 19.3 The application is consistent ~vith Meridian's self identity. 19.4 19.5 19.6 20. The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. Compliance with the requests of the political subdivisions providing services, assures that community .services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. The property can be physically serviced with City water and server, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies ~vithin 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HOWELL MURDOCH DEVELOPMENT CORPORATION / (AZ-00-005) policies, and of actual conditions e,,dsting ,vithin the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', Codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 4.2 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 4.4 To encourage the ldnd of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. To provide housing opportunities for all economic groups within the community. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HOWELL MURDOCH DEVELOPMENT CORPORATION / (AZ-00-005) 4.5 4.6 4.7 To preserve and improve the character and quality of Meridian's man-made environment ~vhile maintaining its identity as a self-sufficient community. To encourage cultural educational and recreational facilities which ~vill fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. To provide community services to fit existing and projected needs. 4.8 4.9 4.10 To establish compatible and efficient use of land through the use of innovative and functional site design. To encourage a balance of land use patterns to insure that revenues pay for services. To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The requested zoning of Medium Density Residential District, (R-8) is defined in the Zoning Ordinance at 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two'family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal ~vater and sewer systems of the City is required. 6. By authority of the City of Meridian Under the Comprehensive Plan, a conditional use permit is not required for Applicant to construct and develop a police FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HOWELL MURDOCH DEVELOPMENT CORPORATION / (AZ-00-005) station and other uses as permitted in the R-8 zone and compatible with the City's Comprehensive Plan and Zoning Ordinances on any legal lot svithin this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, ~vhich pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may reqUire or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the o~vner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HOWELL MURDOCH DEVELOPMENT CORPORATION / (AZ-00-005) commitment is binding on the o~vner of the property even if it is unrecorded; ho~vever, an unrecorded commitment is binding on subsequent o~vners and each other person acquiring an interest in the property only if the subsequent o~vner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 20.26 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 20.26 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Applicant enter into a Development Agreement, and such Development Agreement shall also include and contain the conditions of and for the real property which provides in the event the conditions therein are not met by the Applicant that the property shall be subject to re-zone and/or de-annexation, with the City of Meridian, which provides for the following conditions of use and development to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HOWELL MURDOCH DEVELOPMENT CORPORATION / (AZ-00-005) 3.1 3.2 3.3 3.4 3.5 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance. The ditches to be piped shall be sho~vn on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance ~vith the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans ~vith Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 3.6 3.7 3.8 3.9 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. All signage shall be in accordance ~vith the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Provide five-foot-wide sidewalks in accordance with City Ordinance. All construction shall conform to the requirements of the Americans with Disabilities Act. 3.10 The legal description submitted for the property is correct and places FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HOWELL MURDOCH DEVELOPMENT CORpORATION / (AZ-00-005) 3.11 3.12 3.13 the parcels contiguous to e.'cisting city limits. The proposed R-8 zone is in compliance ~vith the current Comprehensive Plan for single family residential. The proposed name of Stratford Business Park shall not be approved as part of this application because business parks are prohibited in R-8. Instead it should be named Stratford Park. The park cannot be proposed until the comprehensive plan for the property changes. The current draft of the future land use map does show the area as commercial. 3.14 Ail non-residential uses of the property shall be required to follow the Conditional Use process. Commercial uses shosvn in the Zoning Schedule of Use Control as 'prohibited' will remain prohibited. The requirement for all non-commercial uses to follo~v the CUP process may be changed at a future date by a revised development agreement if the property is rezone& 3.15 A minimum 20-foot landscape buffer beyond all right of way shall be required as a condition of annexation. 3.16 A Development Agreement is required as a condition of annexation. 3.17 The Applicant shall be required to follow through with the platting requirements as per Meridian City Code. Adopt the Recommendations of the Ada County Highway District as follows: 3.18 Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (Or other required permits), whichever occurs first. 3.19 Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the parcel, located 2-feet within the ne~v right-of-~vay. Coordinate the location, elevation and grade of the sidewalk with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HOWELL MURDOCH DEVELOPMENT CORPORATION / (AZ-00-005) 3.20 Extend Watertower Lane into the site as a 40-foot street section ~vith curb, gutter and 5-foot wide concrete side,valk within 58-feet of right-of- way. B.21 Extend Adkins Drive into the site as a 40-foot street section with curbs, gutters, and side,valks ~vithin 58-feet of right-of-way. $.22 Locate any proposed public street or drive,vay to align or offset 220 feet from any approved/proposed public street. 3.23 In accordance ,vith District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 3.24 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 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 (R-8) Medium Density Residential District, Meridian City Code § 11-7-2 D. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HOWELL MURDOCH DEVELOPMENT CORPORATION / (AZ-00-005) NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person ~vho has an interest in real property ~vhich may be adversely affected by the issuance or denial of the annexation and zoning and ~vho may within twenty-eight (28) days after the date of this decision and order seek a judicial revie~v as provided by Chapter day of ROLL CALL 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the /7/Z ct(~.- ,2000. COUNCILMAN RON ANDERSON VOTED__~*..-- COUNCILMAN KEITH BIRD VOTED___~ COUNCILMAN TAMMY deWEERD VOTED_~ COUNCILMAN CHERIE McCANDLESS VOTED~,- MAYOR ROBERT D. CORRIE (TIE BREAK_ER) DATED: .~--/"~ -15)O VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HOWELL MURDOCH DEVELOPMENT CORPORATION / (AZ-00-005) MOTION: APPROVED: DISAPPROVED:__ Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. C'~y' Clerk ' ?/ / Dated: ~"/~ ~) msg/Z:\Work~eridian 15360M~Stratford Business Park AZ~AZFfClsOrder FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY HOWELL MURDOCH DEVELOPMENT CORPORATION / (AZ-00-005)