Loading...
Stor-It AZ 04-033 PARTIES: 1. 2. ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 08/17105 10:47 AM ~:~~;~E~~~~Q~~~~~g 1111'11111111'11""1"'1""1'1 II III MeridIan Cr/y 105115815 AMOUNT .00 27 '~--'---,------ - -- ---.----j DEVELOPMENT AGREEMENT City of Meridian A vest, LP, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this~ day of-.Jl-l \-;~r ,2005, by and between CITY OF MERIDIAN, a municipal corporation 0 he State of Idaho, hereafter called "CITY', and Avest, LP, hereinafter called "OWNERJDEVELOPER". 1. RECITALS: 1.3 1.4 1.5 1.1 WHEREAS, "OWNERJDEVELOPER" 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 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" 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 fe-zoning of land; and WHEREAS, "Owner" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (C-G) General Retail and Service Commercial District, (Municipal Code ofthe City of Meridian); and WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 04-033 STOR-IT by A VEST, LP) PAGE 1 OF 11 1.6 1.7 1.8 1.9 1.10 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 15th day of March, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and WHEREAS, the Findings require the "Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and "OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 04-033 STOR-IT by A VEST, LP) PAGE 2 OF 11 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 3.2 3.3 4. "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue oflaw of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. "OWNERIDEVELOPER": means and refers to Avest, LP whose address is PO Box 140075, Boise, Idaho 83714, 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 C-G (General Retail and Service Commercial District) attached hereto and by this reference incorporated herein as if set forth at length. USES PERMITTED BY THIS AGREEMENT: 4.1 4.2 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (K) which are herein specified as follows: Construction and development of either a conditional use permit or a planned development application shall be submitted to the City of Meridian prior to afuture development in the C-G zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ-O4-033application. No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ 04-033 STOR-IT by A VEST, LP) PAGE 3 OF 11 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit conceptual site plan dated November 23,2004, and shall be required to obtain the "City'" approval thereof, in accordance to the City's Zoning and 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: 1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: a. Ten Mile Road is within ACHD's Five Year Work Plan and right of way will be required to complete the goals as set forth by ACHD. Staff is recommending that the applicant dedicate the right of way as set forth by ACHD as a condition of the development agreement. b. Prior to issuance of any building permit or Certificate of Zoning Compliance on the subject property, the site shall be reviewed for compliance with the Meridian City Code for landscaping, parking and setback requirements. c. Prior to issuance of any building or Certificate of Zoning Compliance on the subject property, the required right of way shall be dedicated to ACHD. d. The City of Meridian's Comprehensive Plan requires a multi-use pathway along Ten Mile Creek, provided at the owner's expense and in cooperation with the City of Meridian Parks and Recreation. Therefore, the applicant shall construct a ten-foot multi-use pathway to Parks Department standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. The applicant shall obtain an easement or agreement with the Nampa Meridian Irrigation District for the appropriate access requirements on the west side of Ten Mile Creek. Any existing domestic wells will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. All septic system(s) will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8, when service becomes available to this site. Wells may be used for non-domestic purposes such as landscape irrigation. DEVELOPMENT AGREEMENT (AZ 04-033 STOR-IT by A VEST, LP) 2. PAGE 4 OF 11 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" or "Owners" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Re-Zone" 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: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and if the "Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. DEVELOPMENT AGREEMENT (AZ 04-033 STOR-IT by A VEST, LP) PAGE 5 OF 11 10. DEFAULT: 10.1 10.2 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. A waiver by "City" of any default by "Owner" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the re-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", 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. In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" shall have thirty (30) days after delivery of notice 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 DEVELOPMENT AGREEMENT (AZ 04-033 STOR-IT by A VEST, LP) 13.1 PAGE 6 OF 11 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 ofthe same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §12-5-3, to insure that installation of the improvements, which the "Owner" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT (AZ 04-033 STOR-IT by A VEST, LP) PAGE 7 OF 11 CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. OWNERIDEVELOPER: A vest, LP PO Box 140075 Boise, ill 83714 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 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 "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 benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT (AZ 04-033 STOR-IT by A VEST, LP) PAGE 8 OF 11 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing re-zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 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. OWNER /DEVELOPER: -K-Æ 1~ A VEST, LP DEVELOPMENT AGREEMENT (AZ 04-033 STOR-IT by A VEST, LP) PAGE 9 OF 11 '~ CITY OF MERIDIAN Attest: STATE OF IDAHO, ) : ss: County of Ada, ) On this r3¡..~ day of Ju 1'( ,2005, before me, the undersigned, a Notary Public in and for said State, personally appeared y '" +1.. II. u,\ LV e.-h e ,- known or identified to me to be the (¥\'Ul4 rll j P4rTiti1.r of Avest, LP, the corporation that executed this agreement an the person who executed the agreement on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Q~~ Notary Public for Idaho Residing at: ¡nt-rIel/at' ,-r:::J My Commission Expires: 'T- 2. 7- 2.&07 DEVELOPMENT AGREEMENT (AZ 04-033 STOR~IT by A VEST, LP) PAGE 10 OF 11 STATE OF IDAHQ ) : ss County of Ada ) On this :2'.-P'-- day of ~!J..~ý , 2005~,~for~~ a Notary Public, personally appeared \-..am~ de Weerd and Willian} C. DGrg,'Jr., 1Jio~ or identified to me to be the Mayor and t;ferk, 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) """""""« ,,' Cf. L. 8 J_'~~"#. ~'-+~ ---.....;"'1./» "".. I! - .-- '. .L-~" . ... ~- .' . '.¡r .... .. "/ '. : . -\oT Al(ÿ'. -=- : : ~ \:- :' ..I.: -.- ). * E \ 7< \ PUB\.\C ¡ - . ~ ~ if. .. . .fa .: - '. . -.. ..~ .(-1 » ......., ~ ..'" .""" 11 OF \\> ,.....", """....u."" ~ DEVELOPMENT AGREEMENT (AZ 04.033 STOR-IT by A VEST, LP) PAGE 11 OF 11 EXHIBIT A Stor-it AZ-O4-033 Legal Description November 9. 2004 ~1(,Ir2 EXffiBIT "A" ANNEXATION PROPF.RTV BOUNDARY A Iract (,If land being aU of Pan;.el A as shown on Record of SWYey No. 5576 Instrument No. 10! 1011209. said parcel being d,*"bc(J in Warranty Deed Instrument No. ¡0111S511. Ada. Calmly Re¡;ords, rogetber with II portion of the Union Paci1ic Railroad Right-of,Way, all being situated in the SE Y. orSectíon 10, TOWII.I!hip 3 North, Range I West. Boise Meridian. Ada Collnly. Idaho, said II'BCt being more par1iclllarly described as follows: Commcneing at the Southeam corner of said Section 10; thence along the East line of!illÌd Section, being the eenlerJine ofT~ Mile Road, North 00.27'06" East 1096.83 feet to a 518" rebar and cap marking Ihc SQutheast comer of said Pan:cl "A" said point being the POINT OF BEGINNING; thence leaving IiBÎd East linc Blons the South line (,If said PIIJ'CeI "A" North. 8S051 'SO" West IS4S.36 feet; thence leaving said Soulb line ~orth OI"OS'IO" East 450.00 &et to a point on Ihe: South line or the Union Pacific Railroad Righl- of.Way; thence ' North 01°08' 10" East 200.00 feet, to the North line of said Right-of-Way, thence along said North IiIlt South 88°SI'SO" EasI1531.60 f- to the said Easllille ofaaid Section 10, thence along said BasI line Swth 00"21'06" West 200.0110 a point on !he said South line of the Union Pacilic Railroad Right- of-Way, thence continuing along said East line South 00°27'06" Weal 450-03 feet 10 the POINT OF BEGINNING. Said tnlct coo1aÎrul2J.OO iIQ'CS, more ur less. being IS.94 acres of aid Pill'CCl A arId 7.06 acrcs of said UniOll Pacific Railroad Right-of-Way. NEAtDI4N PUBl.Jc: WORo;S DePT. ~ROVJ'- ,\ 1-- ' -..1/ NOv l ~ 2OOIt E~h¡bt'ß' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a request to Annex and Zone 15.94 acres from RUT/C2 to C-G (General Retail and Service Commercial), by Avest LP. Case No(s): AZ-04-033 For the City Council Hearing Date of: March 15, 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 March 15, 2005, public hearing(s). The applicant, affected property owners, and govenunent 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). c. 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 There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, andMeridian 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 staff report. 3. Application and Property Facts a. CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ-O4-033 - PAGE lof3 In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings are Avest Properties LP, Kathleen Weber - General Partner. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit C for the findings required for this application. B. Conclusions of Law 1. 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 11 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 ofthe 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-O4-033 . PAGE 2 00 Exhibit A: Legal Descriptions Exhibit B: Annexation and Zoning Comments Exhibit C: Zoning Amendment Findings By action of the City Council at its regular meeting held on the 111. Vl/l oft -- ,2005. I f;1'!:: day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED ~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD ~ VOTED MAYOR TAMMY de WEERD (TIE BREAKER) - VOTED Attest: ~ Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. ) ~ By:~}J}l , )J). v...-. "eìty Clerk's Office Dated: ,j, \ X, OS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O4-033 - PAGE 3 on EXHIBIT A Stor-it AZ-O4-033 Legal Description t"., "mh.'T ',', 2(}(;-1 Pag," I (I I' :: EXHIBIT "A.. ANNEXATION PROPERTY BOVNIJARY A trad \J ' !'md helmg dll or PiIt'ccl A a., ~ ¡OWIl on Record or SlII"vcy Nu. 557Ü Ins1rwm'nl No. 10 II mwl'!, ",jJ pMCeJ b('ing dc5cribed in \Vamltlly De<:d In$lmmcnt No. (011155] L Ada County R,~cord~. together wi¡h it porlil1n o'-¡he Union Pac/llc Railro,td Right-ot: Way. al! being siltl::ted it! the SF " ,>(Section W. Tuwnship J North, Range I We,>1. Boise: ~[eridia!1."'d¡J COllfJly. ld.abo, said lrad bt~ing more parlicul¡lrly dcseTih<,d as 1()lIow& Commencing at the Somheasl comer of said Section 10; thence along Ihe Eas! linc of saId Section. bc'Îng the centerline ofTen Mile R(Jad, North 00"17'(16" East [096,8J feet to a 5/8.' rel.lilt' and C,\p markiug lhe southeast. comer of said Parcel -'A" said point being the POINT OF BEGINNINfi; lhcn<:e le-aving sflid East line along the SmIth line 0 ¡'said l}arel~1 "A'. Nonl) 88"51'51)" West 1545,JÚ fed; thence leaving said SoUth line ;'<,)I'1h O¡"OS' I (I'" [,;¡Ist 450.00 ft'"e1 to a poi [ on the South line ofthc Union PacifIc Railn\a(j Right- (1(~\Vay; thence North 0 "OS' 0" E'1St ZOO.OO ¡èel, to Ihe North line of saki Rjght-ol~ Way. th"ncc along said North Jini;" South 88"51 "5u" East 1S:1 7.(,0 feel to the said East line of said Section 10, the]1('" along said East line Smith 00"27'1)(,' West1(JO.0I tn i1 point on Ihe said Sou111 line of the Union Paci tíe Railroad Right- Of-Way. tlwllet: cnntitHling along said East linc South OI)"D'Oó" West 45tu1."\ feet to the POINT OF BEGINNING. Said :ract contains 23,00 acres, mOTc or less, being 15,94 acres of said Parcel A and 7-06 ac"cs of ,;¡id Union Pacific Railroa(1 Righl-of-Way. 'r Ð~;~~r<~¿~~, ) / i---- ~:;;"":¡(""N PUBU(; 'N,-:,"'3 OF.!'f -'U_-'-'."'-"-_._""n..-m."_.._- l~~[;'~-m - ,i - I ;1 : :j, '-~--,,--- --""--_u_-,.----.. ___n~-..u- -- --""-.--"-"'--n..__",_-.."" -- "--__n___----n" '~- I,~~l: ~!! - II, ,~II f i H ~ ~I' ;, ¡¡i'i_-_I-... ~ ~'I ¡, 1.. L, j_"n - - n"n "u' ilJ;¡ Wi. '1 ') "-".. -\-\- - -':,.'\ ",,', "",,'-,,-"" ,','-,,', - - - -- , - ,j - .." .. ..- - ' - - - - , "'..- "-"""""------".. "'" \\.- ,- "'" '.'-"""",,-, ¡---- m_""'nc- ,._n_'_~"u_""---".-l ' ---"----"n__--n". -----"--u_---....., -..'-- "\~ "'- 'I- n"".. .."¡ , !I¡L¡~I~;:::' n_- '~;¡Ul~ ¡ 10",-- ,- I ,1' > ,;;3. Ii '): [I c"c_- -'=-~n n -, -, """"""'-""',"n,-"".."",-",...o,, ""'n_,_c_"-,¡,,, """"""""'- " , ' ,- I ..,I.{j!ii~'f.J.--'¡(l:;;lJ--. -- --"U "--"'- H _n..__- -- n,_"" -- -_n___--- -"---- ."_0- -- -, -,,-""--" -- - ""-----. .1'<,'..'> . :",",t-",', ,,~ ,I "?" ")">,;c 'i -- '---,,--._-- '-----.. ,,------ ---"--.------- --"" _n_""",__..-..--...., "_n.. EXHIBIT B Stor-It AZ-O4-033 Annexation and Zoning Comments ANNEXATION AND ZONING COMMENTS 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The subject property is within the Urban Service Planning Area. Essential City services can be made available to the subject property. 3. All future development on said property shall comply with the City of Meridian ordinances in effect at the time of application. 4. 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. 5. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time ofmmexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: . Ten Mile road is within ACHD's Five Year Work Plan and right of way will be required to complete the goals as set forth by ACHD. Staff is recommending that the applicant dedicate the right of way as set forth by ACHD as a condition of the development agreement. . Prior to issuance of any building permit or Certificate of Zoning Compliance on the subject property, the site shall be reviewed for compliance with the Meridian City Code for landscaping, parking and setback requirements. . Prior to issuance of any building permit or Certificate of Zoning Compliance on the subject property, the required right of way shall be dedicated to ACHD. . The City of Meridian's Comprehensive Plan requires a multi-use pathway along Ten Mile Creek, provided at the owner's expense and in cooperation with the City of Meridian Park and Recreation. Therefore, the applicant shall construct a ten-foot multi-use pathway to Parks Department standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3- 3, sections B & C. The applicant shall obtain an easement or agreement with the Nampa Meridian lITigation District for the appropriate access requirements on the west side ofTen Mile Creek. MERIDIAN FIRE DEPARTMENT COMMENTS (AZ-O4.:QJJ1 The Meridian Fire Department provided agency comments on December 17, 2004. In particular, they noted the following specific concerns: 2. 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. 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. Provide a Knoxbox entry system for the complex. 8. 11. 12. All processes & storage practices shall be required to comply with the hltemational Fire Code. SANITARY SERVICE COMPANY COMMENTS 1. Design the enclosure(s) per the standard recommendations of SSC for access, gates, floor/pad, container stop s/bump ers, and dimensions. Coordinate the location and design with SSC. Approval of the trash enclosure design 'will be required prior to issuance of a Certificate of Zoning Compliance for the project. MERIDIAN PARKS DEPARTMENT COMMENTS 1. Pathway and Trail 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 B & 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. EXHIBIT C Stor-It -A vest, LP AZ-O4-033 Zoning Amendment Findings ANNEXATION AND ZONING FINDINGS The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission. The subject property is within the Urban Service Planning Area. Because there are existing commercial uses on this site, staff has combined the analysis of use with the annexation and zoning findings. 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 terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " Thefollowing is the list of standards found in 11-15-11 and analysis by stqff: 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 "Mixed Use - Regional". In Chapter VII of the Comprehensive Plan, "Mixed Use - Regional" areas are anticipated to provide a higher density residential uses, greater than 200,000 sq ft non-residential building areas, limited Conditional Use permits. Uses may include major employers, entertainment, and clean industry. Staff finds that the requested C-G zoning generally conforms to this stated purpose and intent of the Mixed Use - Regional designation. The conceptual plan for the property does not propose a mix of uses. H9wever, this is a relatively small property, and it may only be feasible to develop with a single use. Staff anticipates that the property immediately south of the subject property will be developed with a church; the Comprehensive Plan designates the property to the west as Multi-family residential. This would bring a mix of uses to the general area. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) One curb cut on Ten Mile Road exists and no new curb cutes are planned. . "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) The Applicant has not addressed landscaping adjacent to the existing uses that are to remain on-site. A CHD has stated that its future right of way acquisition width on Ten Mile Road will be 45-feet on each side of the centerline (90 feet total) for building setbacks and to include a frontage road. The general requirements of ACHD would not be in compliance with the existing use and would require compliance upon approval of a detailed site plan and/or subdivision and/or conditional use permit issuance. Staff finds that the existing building setbacks, landscaping, and the potential for right-oi-way acquisition create a unique situation for the site. In order to mitigate anticipated problems, staff recommends that the City enter into a development agreement with the Applicant. . "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 Meridian Fire Department comments are based on the conceptual site plan indicating a single use of indoor storage facilities. One of the comments received from the Fire Department states that the new bridge and potential for multiple buildings creates several items of concern. The Meridian Fire Department requires specific turning radiuses between buildings, two points of access, weight requirements for the bridge, and water flow to be established prior to issuance of any building permit or certificate of zoning compliance. Public Works will submit a separate memo related to this finding discussing the availability of sanitary sewer and water systems. . "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action item 5) The subject property has frontage on a designated collector Ten Mile Road. The existing uses adjacent to this site have not yet developed to the expected residential densities or Commercial uses anticipated in the Comprehensive Plan. The existing area will be complemented by the uses of a Church to the south of the property and varying residential densities in the immediate vicinity to the north and west of the site. The comprehensive plan designation to the west of the site is high density residential and medium density residential to the north of the site. The applicant has indicated a working relationship with the property owner to provide storage for a proposed apartment complex and to have a secondary access to the west to provide for thru flow of emergency vehicular traffic. The anticipated residential densities for the general vicinity would be expected to utilize the storage facilities and other mixed commercial uses within the similar comprehensive plan designation. . "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal!, Objective B) The proposed and existing indoor storage facilities are the only storage facilities in the general vicinity, It is expected that a variety of commercial and residential uses would utilize the site with a mix of infill commercial sites and a valying of densities in the residential developments, . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The Applicant has not addressed the requirement to install landscaping adjacent to the existing indoor storage facilities. Prior to issuance of any building permit or certificate of zoning compliance the applicant shall provide a landscape plan and install the required landscaping in conformance with MCC Title 12 Chapter 13. . "Multi-use off street pathways are to be located along, natural drains/creeks and canals... the UPRR railroad corridor." (Chapter VI, Figure VI-3) Figure VI-3 on page 55 of the Comprehensive Plan designates a multi-use pathway on Ten Mile Creek which bisects the site. The Applicant has not addressed the issues of a pathway on the site, however as residential developments to the north of the site will be extending the pathway on the North side o/the UPRR Right of way the pathway will be required to connect through the site on the west side of Ten Mile Creek according to the design standards for pathways as listed in the City of Meridian Comprehensive Parks and Recreation System Plan. . "2. Identify feasible interconnected greenbelt areas along waterways. 4. Develop and maintain greenbelt areas along waterways 11. To improve and protect creeks (Ten mile) throughout commercial, industrial, and residential areas." (Chapter V AID) The participation in the multi use pathway shall satisfy the goals and policies of the Meridian Comprehensive Plan improving the waterway and providing the required interconnectivity to the multiuse pathway system. . "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action item 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The detailed site plan must address these issues. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the Applicant intends to rezone the subject property in the future. c. Is the area included 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 pernúts; Inside Storage Facilitates are principally permitted uses in the C-G zone. Residential uses are prohibited in the C-G zone. The existing business would be principally allowed in a C-G zone. The purpose of the C-G District is to provide for commercial uses, which are customarily operated entirely or almost entirely within a building (MCC 11-7-2.K). Staff finds that the proposed uses would conform to the proposed zoning. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion sinúlar to the proposed rezone area; Chesterfield Subdivision has recently been annexed and developed with residential uses immediately north of the site. There are several commercial and high density residential developments in the area that would complement the site. The Commission and Council should rely on the preceding facts and any public testimony to determine whether the changes in the area dictate that this area should be annexed into the City and zoned C-G at this time. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed C-G zone with the proposed retail uses if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The site is intended to be used for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. The existing uses do not conform to the harmonious and appropriate appearance of the existing general vicinity and would be required upon redevelopment to conform to these goals and policies. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The existing uses on the site are hazardous to neighboring uses. Accessory to the existing businesses, there are chemicals, gasoline, and assorted automobile wastes stored on this site. Appropriate buffers should be required on the north and east boundaries of this development, as the abutting uses are less-intense than the proposed and existing uses (see MCC 12-13-12-4). The Commission and Council should rely on public testimony to determine whether the proposed uses will be disturbing or hazardous to the neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police 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 of such services; Staff finds that the proposed roadway improvements to Ten Mile Road should be acknowledged with the detailed site plan for the project. In the short tenn the existing access and ITontage are satisfactory for the site. This site has over 500 feet of ITontage on Ten Mile Road. Based on future development applications staff is conditioning that the Applicant enter into a development agreement with the City to require improvements (landscaping, sidewalk, multi-use pathway, road widening, turn-lane, etc.) to Ten Mile Road, subject to ACHD requireme~ts, with site-specific standards conditions to be met in accordance with approval of the subject development. On December 17, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as it contains several required turns around buildings to meet standards for service. Because the applicant has not identified all future buildings within this development, such K. buildings will be subject to further review and comments by Meridian Fire Department. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, and any other agency not listed above, regarding their ability to adequately service this project. Staff finds that the property proposed for mIDexation can be served adequately by all essential public facilities and services as conditioned. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If this annexation/development is approved, the developer will be financing the extension of sewer, water, locallinternal street inftastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. Staff finds that this development will not cause excessive additional requirements at public cost. I. 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; Staff finds that the indoor storage facilities involve activities, processes, materials, equipment or conditions that could produce excessive traffic, noise, fumes and/or odors, as well as other negative public impacts. A kev Question that should be discussed at the public hearinl! is whether the impacts will be "excessive." MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of special uses such as fire hazards, bulk storage, noises. Staff does not anticipate the impacts of the site to exceed the standards as set forth by MCC 11-12-2 and 11-12-3 based on current operating conditions. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that any future uses may impact the level and flow oftraffic on the surrounding roadways. The site has one access point to Ten Mile Road and future development should be designed as to provide contiguous traffic flow to adjoining properties. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that the Ten Mile Creek is a significant natural feature that should be protected through standard stonnwater and run-off management practices. Staff is not aware of any other natural, scenic or historical feature(s) of major importance in the area that may be affected by the proposed development. Staff finds the Commission and Council should rely on any public testimony that may be presented to determine whether the proposed use may cause health, safety or environmental problems of which staff is unaware. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" Stciff finds that the annexation and zoning of this property as mitigated through a development agreement may be in the best interest of the City for the following reasons: . municipal sanitary sewer and water systems are readily available to provide servIce; the proposed use may involve activities, processes, materials, equipment and/or conditions that will produce additional traffic, noise, fumes and/or odors, as well as other negative public impacts that can be mitigated through development of the site; the existing uses that are to remain, signage, landscaping, public infrastructure (sidewalk, bike lanes), screening, drive-aisles, or parking, are to be brought into compliance with current City Code upon development of the site; . . For the reasons listed in the findings above, City Council fn<ls that the annexing and zoninlz of this vropertv would be in the best interest 0 the City.