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Cottonwood Lane AZ 04-029 PARTIES: 1. 2. ADA CDUNTY RECORDER J. DAVID NAVARRO AMDUNT .00 34 BOISE IDAHO OS/26/05 01:29 PM m~ÒE~:~~~J~~ OF 1111111111111111111111111111111111111 Meridian Cily 105067162 DEVELOPMENT AGREEMENT City of Meridian Cottonwood Lane Partners, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 2 b ~ day of ~il , 2005, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and Cottonwood Lane Partners, whose address is PO Box 464, Nauvoo, Illinois 62354, hereinafter called "OWNER/DEVELOPER". 1. RECITALS: 1.2 1.3 1.4 1.5 1.6 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and WHEREAS, I.C. § 67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and WHEREAS, "Owner/Developer" has submitted an application for annexation and zoning and conditional use permit of the "Property" described in Exhibit A; and WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the 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 responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 1 OF 13 1.7 1.8 1.9 1.10 WHEREAS, City Council, the 1st day of February, 2004, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit "B", which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and WHEREAS, the Findings require the "OwnerlDeveloper" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and "OWNERIDEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and WHEREAS, "City" requires the "OwnerlDeveloper" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title II 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 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: DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 2 OF 13 3.1 3.2 3.3 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. "OWNERIDEVELOPER": means and refers to Cottonwood Lane Partners, c/o Tom Holliday, whose address is PO Box 464, Nauvoo, Illinois 62354, 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 and L-O attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 4.2 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (C) which are herein specified as follows: Rezone of 8.58 acres from RUT to CoG for a mixed use development to include a hotel or restaurant on Freeway Drive. The balance of the development would include an office park behind the retail area and multi-family/apartments on a portion of the land with frontage on Wells road and to the East. No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "OwnerlDeveloper" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 3 OF 13 "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: A. B. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. No alterations, expansions, reconstructions or other enlargements to the existing single-family structure will be permitted except through a CUP and except where the use of the structure changes to a use permitted in the L-O/ CoG zone. 2. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions or operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 3. The applicant will be responsible for multi-use pathway construction along the Five Mile Creek. Construction of said pathway shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. Adopt the Standard Conditions of Approval as follows: 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 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 DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 4 OF 13 6. 7. 8. 9 supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineering registered in the State ofIdaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permits (or other required permits), which incorporates any required design changes. 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. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 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 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 comprised during any phase of construction. 10. The applicant shall coordinate the location and design of trash dumpster(s) with the Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC ll-12-1.C. Contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. II. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1. 12. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including a paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 5 OF 13 13. 14. 15. 16. 17. 20. If construction has not begun within 18 months of City Council approval, a new conditional use permit must obtained prior to the start of development. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted by the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Enviromnental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. All signage shall be in accordance with the standards set forth in Section 11- 14 of the City Zoning and Development Ordinance. All construction shall conform to the requirements of the Americans with Disabilities Act. 18. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. 19. 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 Ada County Highway District. The burden shall be upon the applicant to obtain written confIrmation of any change from the Ada County Highway District. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the application to comply with all rules, regulation, 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 requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the ACHD conditions listed in their report dated November 16, 2004, which report lists required site-specific requirements, conditions of approval and street improvements. C. DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 6 OF 13 D. Comply with all the conditions in the corresponding applications in this matter, Request for Annexation and Zoning, AZ-04-029. E. Adopt the action of the City Council taken at their February I, 2004 meeting as follows: For clarification: 1. No alterations, expansions, reconstructions or other enlargements to the existing single-family structure will be permitted except through a CUP and except where the use of the structure changes to a use permitted in the L-OI CoG zone. 2. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions or operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 3. The applicant will be responsible for multi-use pathway construction along the Five Mile Creek. Construction of said pathway shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 7. COMPLIANCE PERIOD! CONSENT TO REZONE: This Agreementand the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "OwnerlDeveloper" or "OwnerlDeveloper's" heirs, successors, assigns, to comply with Section 6 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. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "OwnerlDeveloper" consent upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 7 OF 13 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "OwnerlDeveloper" and if the "OwnerlDeveloper" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "OwnerlDeveloper"shall,immediatelyuponcompletionof any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 10.2 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/Developer" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. II. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" cost, and submit proof of such recording to "OwnerlDeveioper", 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. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 8 OF 13 13.1 13.2 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner/Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. In the event the performance of any covenant to be performed hereunder by either. "OwnerlDeveloper" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "OwnerlDeveloper" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "OwnerlDeveloper" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "OwnerlDeveloper" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered ifand when personally delivered or three (3) days after DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 9 OF 13 deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER/DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Tom Holliday Cottonwood Lane Partners PO Box 464 Nauvoo, IL 62354 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "OwnerlDeveloper" 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 DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 10 OF 13 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 "OwnerlDeveioper", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "OwnerlDeveloper" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "OwnerlDeveloper" 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 "OwnerlDeveloper" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNERIDEVELOPER: DEVELOPMENT AGREEMENT - COTTONWOOD LANE (AZ-O4-029) PAGE 11 OF 13 BY: CITY OF MERIDIAN ATTEST: CITY CLERK I :phl1 0,'5 STATE O~ ) tlQI1ð--o4çss COUNTY bii 1YM. ) ~ On this./6 -(¡ayof ,in the year 2005, before me, a Notary Public, personally appeared ., known or identified to me to be the of COTTONWOOD LANE PARTNERS, and t person who e uted the instrument and acknowledged to me that he executed the same on behalf of said limited liability corporation. (SE L) Jig~~~';~(!~;liy NOTARY PUBLiC c,TAŒ Or ILLINOIS MY COMMISSION EXl' )UL Y 17,2005 STATE OF IDAHO) : ss County of Ada On this /()/~ day of ~-r ' in the year 2005, before me, a Notary Public, personally appeared Tammy de We rd and Wllham G. Berg, Jr., known DEVELOPMENT AGREEMENT (AZ 04-029) COTTONWOOD LANE ~ PAGE 12 OF 12 or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) """"""... "'~"\CE L. .r,,~ ~. r;.........,.....~"\ :I'" ....~" f . "OTAIlJ- \ \ : * , -.- : * ! \ '\ Þ(Tn \~ ¡ \ <P';"'. 0 I ". "'i 1"""'" ~ ~~ 'ee.../! OF \~~...., '........"" ./cP DEVELOPMENT AGREEMENT (AZ-03-027) PAGE 13 OF 13 Exhibit "A" Annexation Legal A parcel of land for annexation located in a portion of Lot 23, Block I, of Amended Magic View Subdivision, as shown on the official plat recorded in Book 52 of plats at pages 4445 and 4446, Records of Ada County, Idaho, and a portion of the EII2 of Section 17, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho and more described as Follows: Commencing at a brass cap monument marking the NE corner of the NE 114 of said Section 17, thence along the East line of said section 17, SOo046'02"E, a distance of 2,652.92 feet to a brass cap monument marking the SE corner on the NE 114 of said Section 17, thence leaving said East line, S69°31 '29"W, a distance of 1 ,062.84 feet to a point on E. Freeway Drive being the POINT OF BEGINNING; Thence along the centerline ofE. Freeway Drive, S53°10'1l "W, a distance ofl12.l7 feet to a point; Thence along an arc of a curve to the right, having a radius of 3671.69 feet, an arc length of 241.34 feet, a central angle 0[3°45'58", and a chord bearing ofS53°30'16"W a distance of 241.31 feet to a to a point; Thence leaving the centerline ofE. Freeway Drive N34°37'27"W, a distance of 30.00 feet to a to a 5/8 inch rebar marking the intersection of the North right-of-way line ofE. Freeway Drive and the West line of said lot 23; Thence leaving said North right-of-way line and along the West line of said lot 23, NOo050'40"W, a distance of 547.47 feet to a 112 inch rebar; Thence leaving said West line and along the South line of said lot 23, S89°40'22"W, a distance of 782.01 feet to a 5/8 inch rebar on the East right-of-way line ofS. Wells Drive; Thence leaving said South line, S79°59'03"W, a distance of25.00 feet to a to a point on the centerline of S. Wells Drive; Thence along the centerline ofS. Wells Drive, NlOoOO'57"W, a distance of7.85 feet to a to a point; Thence along an arc of a curve to the right having a radius of 133.40 feet an arc length of61.57 feet, a central angle of 26°26'38" and a chord bearing ofN03°12'22"E a distance of 61.02 feet to a point; Thence NI6°25'41 "E, a distance of391.86 feet to a to a point; , Thence leaving the centerline of S. Wells Drive, S73°34'19"E, a distance of25.00 feet to a 1/2 inch rebar on the East right-of-way line of said S. Wells Drive, also being the NW comer of said lot 23; Thence leaving said East right-of-way line and along the Northerly line of said lot 23, Sn029'27"E, a distance of 702.83 feet to a 5/8 inch rebar marking the Northeasterly comer of said lot 23; Thence leaving said Northerly line and along the Easterly line of said lot 23, S27°38'3l "E, a distance of 625.95 feet to a 5/8 inch rebar on the North tight-of-way line of said E. Freeway Drive; Thence leaving said North right-of-way line S36°49'49"E, a distance of30.00 feet to the POINT OF BEGINNING. Said parcel contains 377,281 square feet or, 8.66 acres, more or less and is subject to all existi~.~l~..¡:~:...~.-.. ,:; ....:.:>. easements andnghts-of-ways of record or Inlphed. , ~.. PI . - .. .f.~.";<..Z\,' .' .~"/."<'"¿'\.".....\ RE APe OVA~~ i! -~L '" . ",." \.. BY ~ -61 ., ,l..,. 'i) \'~'\. i"'"-' ¡,u " OCT t 1 ?OO4 l~~ ,'5617 t' ~ ";"jO/x."jCR,i; MERIDIAN PUBLIC ~-;~;~r( ne;{fI!;. %.'~ ..,no~O"~OT ".,i..,~ ~r _ft."'--, '&"'\å. 8' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a request to Annex and Zone 8.58 acres from RUT to CoG (General Retail and Service Commercial) AND L-O (Limited Office), by Cottonwood Lane Partners. Case No(s): AZ-O4-029 For the City Council Hearing Date of: February I, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. b. The matter was duly considered by the City Council at the February 1,2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts c. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staffreport. 3. Application and Property Facts a. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S}. AZ-04-029 - PAGE 1 00 In addition to the application and property facts noted in the staff report and the Planning & Zoning Reconunendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time ofissuance of these findings are David and Maude Wells. . 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit C for the findings required for this application. B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to. Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Descriptions in Exhibit A, and the Annexation and Zoning Comments in Exhibit B. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. . C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: I. The Annexation and Zoning Comments are as shown in Exhibit B. D. Exhibits CITY OF MERIDIAN FINDINGS Of FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-04-029 - PAGE 2 of3 Exhibit A: Legal Descriptions (3 pages) Exhibit B: Annexation and Zoning Comments Exhibit C: Zoning Amendment Findings By action of the City Council at its regular meeting held on the ¡:¡~ÞP4~ ,2005. !'!i'-I5 day of COUNCIL MEMBER SHAUN WARDLE VOTED$~ VOTED -þ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE VOTED -þ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED -= Attest: and City Attorney. By: j~~ City Clerk's Office Dated: :;) -,.1d-C6 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ-04.029. PAGE 3 00 EXHIBIT A Cottonwood Lane AZ-O4-0Z9 Legal Description -..I Bxhibi1'A' ArmDøü.m Lcgo.I A~orlwl lilt '""'"-II....... po¡ti....iLm 23. BI"'" I. .,..........MQ¡. 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Lee, Jr., stamped 1-26-05, appear to meet the requirements of the City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. Said legal descriptions depict a 5.90 acre portion of the site to be zoned L-O and a 2.24 acre portion of the site to be zoned CoG. 2. The subj eet property is wi thin the Urban S ervi ces Planning Area. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian., property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attornev. Bill Nary. at 888-4433 to initiate this process. The DA shall incorporate the following: . The applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. . No alterations, expansions, reconstructions or other enlargements to the existing single-family structure will be permitted except through a CUP and except where the use of the structure changes to a use pennitted in the L-O/C- "G zone. . All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. . The applicant will be responsible for multi-use pathway construction along the Five Mile Creek. Construction of said pathway shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. The pathway must connect ¡¡om one major arterial to Mother, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. . Any other conditions desired by the Commission and Council. LISTED BELOW ARE SOME COMMENTS RELATED TO DEVELOPMENT OF THE SUBJECT SITE. UPON THE RECEIPT OF A DEVELOPMENT APPLICATION IN THE FUTURE, THE PLANNING DEPARTMENT INTENDS TO FURTHER ANALYZE AND IMPOSE CONDITIONS RELATED TO THE COMMENTS BELOW. ADDITIONAL REQUIREMENTS THAT APPLY TO DEVELOPMENT OF THE SUBJECT SITE MAY ALSO BE IMPOSED WITH FUTURE DEVELOPMENT APPLICATION(S). MERIDIAN FIRE DEPARTMENT COMMENTS lAZ-O4-029) 1. Provide fire hydrant spacing per the International Fire Code. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. . Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle. The Fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works specs. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on comers. Fire hydrants shall not have any vertical obstructions to outlets within 10'. . . . . 2. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all intemal & external roadways. 5. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. Maintain a separation of 5' between future buildings and dumpster enclosures. 8. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 9. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 10. The proposed multi-family development has an estimated 40 units. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a II. 12. 13. 14. 15. report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 20 I O. The proposed office/commercial uses will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. The first digit of the Aparbnent/Office Suite shall correspond to the floor level. All processes & storage practices shall be required to comply with the International Fire Code. All portions of any buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. Fire Sprinklers will be required for all buildings associated with this project. 16. No Parking signs and painted curbs will be required for all Fire Lanes. 17. Provide exterior egress lighting as required by the International Building & Fire Codes. SANITARY SERVICES COMPANY COMMENTS 1. Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from SSC. 2. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stlll11ped (approved) plans with your certificate of zoning compliance application. MERIDIAN PARKS DEPARTMENT COMMENTS I. Pathway and Tmil standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections 8 & C. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 3. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 4. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. NAMPA & MERIDIAN IRRIGATION DISTRICT I. Applicant shall apply for a land use change application prior to finaL platting. 2. All laterals and waste ways must be protected. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Narnpa & Meridian Irrigation District must review drainage plans. The Developer must comply with Idaho Code 31-3805. 4. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval This application lsfor a rezone only. Listed below are some of the policies that apply to the site. Upon the receipt of a devewpment application the District may require additional Findings of Consideration and Site Specific Requirements that apply to the review of future development applications. I. Construct Freeway Drive abutting the site as one half of a 40-foot street section with verticaL curb, gutter and 5-foot attached concrete sidewalk within the existing right-of-way to match the adjacent improvements. 2. Construct any proposed driveways on Freeway Drive a maximum of 36-feet wide. Pave the proposed driveways their full width and at least 30-feet into the site beyond the edge of pavement of Freeway Drive and install pavement tapers with 15-foot radii abutting the existing roadway edge. 3. Dedicate 27-feet of right-of-way from the centerline of Wells Street (an additional 2-feet of right-of-way) 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. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because Wells Street is classified as a local roadway and is to be brought to adopted standards by the developers of abutting properties. 4. Construct Wells Street abutting the site as one half of a 40-foot street section with vertical curb, gutter and 5-foot attached concrete sidewalk. 5. Construct any proposed driveways on Wells Street a maximum of 36-feet wide. Pave the proposed driveways their full width and at least 30.feet into the site beyond the edge of pavement of Wells Street and install pavement tapers with 15- foot radii abutting the existing roadway edge. 6. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street ftontages abutting 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 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 ofIdaho 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 confonnance with all applicable requirements of the Ada County Higbway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, 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 shan 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. 10. 11. 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 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 from the Ada County Highway District. 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 requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. EXHmIT C Cottonwood Lane AZ-04-029 Zoning Amendment Findings ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in tenns of the following standards and :;halljind adequate evidence answering the following questions about the proposed zoning amendment. .. Thefollowing is the Ii:;t of standards found in 11-15-11 and analysis by City Council: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; The 2002 Comprehensive Plan Future Land Use Map designates the subject property as 'Commercial'. In Chapter VII of the Comprehensive Plan, 'Commercial' areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. finds that the requested CoG zoning generally conforms to this stated purpose and intent of the commercial designation within the Comprehensive Plan. Please see the Special Considerations below for further analysis of the proposed zoning designation and how it relates to the conceptually proposed uses on the site. City Council finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicàble to this application (analysis is in italics below policy): . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant is not specifically proposing to install any landscaping with the subject annexation application. The applicant will be required to submit a development application prior to constructing any use on the site. When the future development application(s) are processed by the City, the applicant will be required to construct laruf¡;caping along Freeway Drive, Wells Drive, between different land uses, and along the perimeter of the site. . "Permit new. . .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) The subject site can be serviced by the City of Meridian 's sanitary sewer and water systems. . "Plan for a variety of commercial and retail opportW1ities within the Impact Area." (Chapter VII, Goal I, Objective B) The proposed uses do contribute to the variety of commercial and retail uses in this area, as envisioned with the Comprehensive Plan. . "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas." (Chapter V, Goal I, Objective A, Action item 11) The applicant is not proposing to alter the Five Mile Creek in any way v.'ith this application. The applicant will be required, through a Development Agreement, to improve the Five Mile Cruk amenity by constructing a multi- use pathway adjacent to it when the site develops. See Special Consideration #2 below. City Council fmds that a CoG zone is harmonious with and in accordance with the Comprehensive Plan. However, based on the conceptual site plan submitted with the annexation application, City Council recommends that the northwestern portion of the site be zoned L-O to accommodate multi- family uses. Please see Special Considerations below for further analysis. B. Is the area included in the zoning amendment intended to be rezoned in the future; Apartment houses are prohibited in the CoG zone. Therefore, if all of the subject property is zoned CoG as requested, the applicant will need to rezone the northwestern portion of the site to develop multi-family dwellings. If the site is zoned as City CQuncil recommends (C-G for the southeastern portion and L-O for the northwestern portion), City Council does not anticipate that the subject property will be rezoned again in the future. See Special Considerations below for further analysis. C. Is the area inclnded in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; Properties in this area are rapidly Iransitioning from rural residential to office/commercial type uses. In the applicant's submittal letter, it is stated that the subject property is intended to be used for a mix of uses. The submitted concept plan shows a hotel on Freeway Drive (between two existing hotels), an office park to the north of the hotel, and multi-family apartments on the land with frontage on Well Street. Currently, restaurants, hotels, and professional offices are (principally) permitted uses in the CoG zone. Multi-family dwellings (apartments) are prohibited in the C.G zone. Therefore, not all conceptually proposed uses would be allowed under the proposed new zoning. Currently there are four City zones that conditionally allow multi-family: the R-15, R-40, L-O and O-T zones. No City zone principally pmnits multi-family dwellings. Consistent with the Comorehensive Plan. the aoolicants conce,ptual site ulan. as well as the other office and retail uses that are developing within Magic View Subdivision. Citv CoWlcil reconunends that the northwestern oortion of the site be zoned L-O (Limited Office). D. Has there been a change in the area or adjaceDt areas which may dictate that the area should be rezoDed. For example, have the streets been widened, new railroad access beeR developed or plalllled or adjacent area being developed in a fashloD similar to the proposed rezone area; The general vicinity of this project is in transition from low density residential uses to conunerciallurban type uses. Developments to the east and northeast in close proximity to the subject lot include Texaco and Chevron fuel stations and convenience stores, a credit union and bank, a 30,300 sq. ft. multi-tenant office building, Subway and medicaJ/clinical services. Two new hotels have currently opened to the east and west of the subject site. In 2004, the 5.22 acre Jot directly to the north was annexed and zoned to CoG. Woodbridge Subdivision is a 260 +/- lot residential subdivision approximately \i;í mile to the west that connects with Magic View Drive and is largely built-out at a medium density. As development occurs ACHD is requiring that the local/commercial streets in Magic View Subdivision be widened and that developers construct sidewalk adjacent to the developing sites. Further, this site lies within an extraordinary impact fee overlay zone. This overlay zone was established to install the infrastructure for the redevelopment of the rural lots within Magic View Subdivision, in anticipation of the lots redeveloping to commercial. The ACHD now requires that developers within this overly zone pay into II reimbursement fund for the costs that were associated with construction of the new road from the intersection of Eagle Road and St. Luke's drive, to the intersection of Magic View Drive and Allen Drive (see ACHD for more information). City Council finds that annexation and zoning of the subject property would be compatible with other nearby land uses and facility changes in the area. E. Will the proposed uses be designed, constructed, operated and malotaiDed to be harmonious and appropriate in appearance with the existing or intended G. character of the general vicinity and that such use will not change the essendal character of the same area; No specific uses are proposed with this application. However, the applicant did submit a conceptual plan of how the site may develop. If the site is (generally) designed, constructed and operated as proposed with the conceptual site plan, the development should be in accordance with adopted city ordinances and should be harmonious and appropriate in appearance with the existing character of the Magic View Subdivision area. The Comprehensive Plan envisions the north side of Magic View Drive and the west side of Wells Street, to be office type uses and the south side of Magic View Drive to be more intense, commercial type uses. City Council finds that a zoning change of this property to CoG and L-a (as recommended by City Council) would fit within the character of the Comprehensive Plan and will not adversely change the essential character of the area. F. WiU the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council finds the intended uses on the subject property should not be hazardous or disturbing to existing or future neighboring uses if all development and landscape buffer ordinances are exercised. The Commission and Council shall rely on public testimony to determine whether the proposed uses will be disturbing or hazardous to the neighboring uses. Will the area be served adequately by essential public facilities and services such as highways, streets, ponce and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any ofsuch services; ACHD City Council commented on the proposed annexation application on November ]6, 2004. Included within ACHD staff's report were some of the policies that apply to the subject site. Upon the receipt of a development application, the ACHD will impose site specific conditions. Meridian Fire, Police and Parks Departments were represented at the Comments Meeting held on November 12, 2004 for this application and provided comment that services could be provided (all of the detailed comments from the Fire Department and other agencies/departments are at the end of this report). Sanitary Service Company (SSe) currently provides service to adjacent properties in tbe area. The Commission and Council will need to reference any written or verbal testimony submitted by The Meridian Public Works Department, Narnpa Meridian Irrigation District, Idaho Power, and other service providers regarding this finding. City Council finds that the property proposed for annexation and zoning can be served adequately by all essential public facilities and services. I. J. H. Will not create excessive additional requirements at public cost for public facllities and services and will Dot be detrimental to the economic welfare of the community; Required site improvements will be funded and constructed by the developer through the PreliminarylFinal Plat, CUP, and CZC process. The prima¡y public costs will be fire and police services. City Council finds that changing the zoning of this site will not cause excessive additional requirements at public cost. City Council also finds that the annexation and zoning of this site to CoG and 1-0 will not be detrimental to the community's economic welfare. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; The applicant is not proposing a specific use for this property at this time. City Council finds that any future uses will generate additional traffic on adjacent roadways above and beyond the existing residence. The level of impact wil1 depend upon the type of future use(s). The purpose of the CoG zone is to "provide for commercial uses which are customarily operated entirely or almost entirely within a building." The purpose of the L-O zone is 10 "permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses.. .shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District." As such, City Council does not anticipate future uses will create smoke, fumes, glare, or odors that will be detrimental to the general welfare of persons or property in the area. MCC 11-16-4 provides the P&Z Commission and Citv Council the authoritY to reauire a DroDerty owner to enter into a Development Agreement with the Citv of Meridian that mav require a Conditional Use Pennit or some written commitment for all future uses to more fully comtlly with this findinl!. Due to the mixed-use nature of the conceptual site plan, City Council believes that a Development Agreement is necessary. (See Annexation and Zoning Site-Specific Comments and Conditions below) Will the area have vehicular approaches to the property which shan be so designed Wi not to create an interference with teaffie on surrounding public streets; City Council finds that future uses will impact the level and flow of traffic on the surrounding streets. The applicant is not proposing specific access for this site with the AZ application. The concept plan submitted with the application shows a vehicular access to Wells Street and one to Freeway Drive. These two access points are coIUlected through the site via a drive aisle. Standards for future K. L. driveway offsets are determined by ACHD. Further, specifLc traffic count generation will be determined at the time of development application, which must be reviewed and approved by ACHD. City Council finds that the property can be designed to not create significant interference with traffic on the surrounding public streets. Will not result in the destrucdon, loss or damage of a natural or scenic feature of major importance; and City Council finds that the Five Mile Creek is a significant natural feature that should be protected through standard stormwater and run-off management practices. As a large portion ofthis site lies within the floodplain!floodway ofthe Five Mile Creek, future development of the property should comply with the established guidelines for construction within floodwayslflood plains. City Council is not aware of any other natural or scenic feature(s) that may be lost, damaged or destroyed by allowing this site to be annexed and developed. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. [s the proposed zoning amendment in tlte best interest of the City of Meridian. (Ord. 592, 11-17-1992)" For the reasons listed in the findings above. CitY Council finds that the annexinf! and ¡;oninll of this orooertv would be in the best interest of the Citv. IiiíIR-29-05 05:57PM . ~~ FROM-Team Realty Inc. 2084657109 T-515 P.O02/005 F-460 ~ a. ~ 9B5 CORI'ORA1E LNE """'A, ID BS651 I ~ I OFACE (208) 465-7770 FAX (208) 465-7709 ¡;:E4.L TY March 29, 2005 Tom Holliday CottonwoodLanePartn~s P.O. Box 464 Nauvoo, IL 62354 Care of; Dave Boheck~ Mark Bottles Real Estate Services 5418 N. Eagle Road Suite 160 Boise, ID 83713 RE: Development Agreement - Cottonwood Lane Partners 985 E. Freeway Drive Meridian, ID Dear Sirs, Due to the death of Mr. Wells, my clients are unable to get together with me to review first hand this final draft ofilie development agreement (faxed to my office today by Dave Bohecker). As p~ my instructions from my client(s), Mr. Don Forbush, Trustee for the Wells Investment Trust, I have been asked to respond immediately to the buyers request for a letter acknowledging the Wells Investment Trust are in agreement with the City of Meridian's development agreement with Cottonwood Lane Partners. as there is no new information or any changes ftom the development agreement they have reviewed previously, and to speed this transaction to closing of escrow without any furth~ delay. IMR-29-05' 03:59PM FROM-Team Realty Inc. 2084657709 NI5 P 003/003 F-460 Therefore, Wells Investment Trust and all it's Trustees approve and concur with all findings and facts therein this development agreement as written and approved by the City of Meridian and Cottonwood Lane Partners and Mr. Tom Holliday. Sincerely, " Matt La Ii Team Realty, Inc Agent for the Sellers - Wells Investment Trust øÞ~~ j;( u.:r T CV#r'c-~ Øc)19 d--.rt/e~~J ~«-7J---