Strada Bellissima Subdivision Outparcel AZ 06-002
PARTIES:
1.
2.
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 27
BOISE IDAHO 04/27/06 02:02 PM
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Meridian City 106064913
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DEVELOPMENT AGREEMENT
City of Meridian
Strada Bellissima, LLC, Owner/Developer
THIS DEVELOP~ AGREEMENT (this "Agreement"), is made and
entered into this I?-Ih day of 1(.,2006, by and between City of Meridian, a
municipal corporation ofthe State ofIdaho, hereafter called "CITY', and Strada Bellissima,
LLC, whose address is 9560 W. Pebble Brook Lane, Garden City, Idaho 83714 hereinafter
called "OWNER/DEVELOPER".
1.
RECITALS:
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
1.2
WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner/Developer" make a written commitment concerning the use
or development of the subject "Property"; and
1.3
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
1.4
WHEREAS, "Owner/Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (L-O) Limited Office District,
(Municipal Code of the City of Meridian); and
1.5
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 06-002) STRADA BELLISSIMA SUBDIVISION OUTP ARCEL
PAGE 1 OF 10
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 4th day of April, 2006, 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/Developer" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
"OWNERJDEVELOPER" 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 ofthe "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 06-002) STRADA BELLIS SIMA SUBDIVISION OUTP ARCEL
PAGE 2 OF 10
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1
3.2
3.3
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state ofIdaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
"OWNERJDEVELOPER": means and refers to Strada Bellissima,
whose address is 9560 Pebble Brook Lane, Garden City, Idaho
83714, the party developing said "Property" and shall include any
subsequent owners and/or 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 L-O (Limited Office District) attached hereto and by this
reference incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (G) which are herein specified as follows:
Construction and development of a Certificate of Zoning
Compliance shall be submitted to the City of Meridian prior to a
future development in the L-O zone, and the pertinent provisions of
the City of Meridian Comprehensive Plan are applicable to this AZ
06-002 application.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has
submitted to "City" an application for conditional use permit site plan dated December 13,
2005, and shall be required to obtain the "City'" approval thereof, in accordance to the City's
DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLISSIMA SUBDIVISION OUTP ARCEL
PAGE 3 OF 10
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. No new buildings are approved for construction under
this conceptual CUP IPD application. All future buildings shall require approval of a detailed
CUP prior to submittal of any Certificate of Zoning Compliance application and/or building
permit
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1.
"Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
1.
That 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.
2.
That all future development of the subject property shall be
constructed in accordance with City of Meridian ordinances in effect
at the time of the development.
3.
That the applicant will be responsible for all costs associated with
sewer and water service extension.
4.
That 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.
No direct access to Victory Road shall be allowed.
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/Developer" or "Owners/Developers" heirs, successors, assigns,
to comply with Section 6 entitled "Conditions Governing Development of Subj ect Property"
of this agreement within two years of the date this Agreement is effective, and after the
DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLIS SIMA SUBDIVISION OUTP ARCEL
PAGE 4 OF 10
"City" has complied with the notice and hearing procedures as outlined in Idaho Code § 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/Developer" and if the "Owner/Developer"
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.
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/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.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this. Agreement or this Agreement, including all of the Exhibits, at
"Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior
DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLlSSIMA SUBDIVISION OUTP ARCEL
PAGE 5 OF 10
to the third reading ofthe 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 ofthe "Property"
contemplated hereby, the "City" shall execute and record an appropriate instrument ofrelease
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.
13.1
13.2
In the event ofa 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 "Owner/Developer" 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/Developer" agrees to provide, if required by the "City".
DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLIS SIMA SUBDIVISION OUTP ARCEL
PAGE 6 OF 10
15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner/Developer" 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 "Owner/Developer" agrees
to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings ofF act 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:
CITY:
0 WNERIDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Strada Bellissima, LLC
9560 Pebble Brook Lane
Garden City, ill 83714
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
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
DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLIS SIMA SUBDIVISION OUTP ARCEL
PAGE 7 OF 10
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/Developer" 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/Developer", to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Owner/Developer" 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 "Owner/Developer" and
"City" relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this Agreement shall
be binding upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
No condition governing the uses and/or conditions governing re-zoning of the
subject "Property" herein provided for can be modified or amended without
DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLIS SIMA SUBDIVISION OUTP ARCEL
22.1
PAGE 8 OF 10
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 ofthe "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:
STRADA BE LISSIMA, LLC
By: RICHÁR.i.) &ï/AI\5 ) {JtG'5IÒéA.Jí 01=" r:.VAA15 CoAl5~tAGíIOJ..l
AAA-vA6G""EA/T ~M.-Vy J A t'1C¡4<f/Sc,( 01=" :S"'í'(A6A
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CITY OF MERIDIAN
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Attest:
DEVELOPMENT AGREEMENT (AZ 06-002) STRADA BELLIS SIMA SUBDIVISION OUTP ARCEL
PAGE 9 OF 10
STATE OF IDAHO, )
: ss:
County of Ada, )
On this I;' .,~ day of II ¡jrt.,L , 2006, before me, the undersigned, a
Notary Public in and for said State, personallv appeared (i( \ c. \.-lA R. ß. b ,
k od .fi d b h P4(,sIOIiA>T' ()~ EVA'. tX.TIQ;,J . .
nown or I entl Ie to me to e t e M4V. of Strada BelhssIma,
LLC who signed the instrument, and acknowledged to me that he executed the same on
behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year ~in th~~~~~lrst above written.
II~O '~o ~
~. +OTAIl~ -~ --
(SEAL)(j- -.- rÞ
\ ,þ,. PUB\-\(, o/Not~f)(PUbr for Ida 0 .
\ ~ . t.4;~# Resldmg at: 1!5nls£:
"=~~.~.., My Commission Expires: 03- 15 - ~II
STATE OF IDAHO)
: ss
County of Ada )
On this ,gth day of ~,2006,beforeme,aNotary
Public, personally appeared Tammy de W~erg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the d~ and year in this certific3a~ve written
....- ..-
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(SEAr:- ,/ otf~\¿.. Notary Public for Idaho
: r Pt. : ~: Residing at: Cß I ri u r 1 \ l lD
~ \ ; : Commission expires: "0-\\ ~l ,
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DEVELOPM~.~ENT (AZ 06-002) STRADA BELLIS SIMA SUBDIVISION OUTP ARCEL
PAGE 10 OF 10
Legal Description
A parcel ofland located in the Southeast 114 o£Section 24, Township 3 North, Range 1
West, Boise Meridian, Ada County, Idaho and more particularly described as follows;
Coawencing at an aluminum cap monument marking the southeast comer of said
Section 24; thence along the South line of said Section 24 (also being the centerline ofW.
Victory Road) NS9"20'S2"W a distance 0£213.69 fut to a point of curvature trom which
an aluminum cap monwncnt marking the southwest comer of the Soutbeast 1/4 of said
Southeast 1/4 bears N89°20'S2"W a distance of 1106.41 feet; thence leaving said South
line and continuing along said centerline ofW. Victory Road along the arc of a 200.00
Coot radius curve fa the right havins 8 length of 137.23 fect. a c:cntral angle of39°1S'48"
and a long chord of 134.55 feet bearing N69°41 '28"Wcst to a point of tangency; thence
N49°37'30"Wa distance of 41.65 feet to a 5/8 inch iron rod; thence N49"32'50"W a
distance of 16.41 fect to a S/8 inch iron rod marking the POINT OF BEGINNING;
Thence continuing along said centerline ofW. Victory Road and the arc of a 319.41 foot
radius curve to the Icf\ having a length of 113.32 fect, a central angle 0[20°19'39" and a
long chord or 112.73 fect beating NS6°41 '35"W to a point of cusp marked by a S/8 inch
iroQ rod on the boundary line of Strada Bellissima Subdivision No.1 as shown on the plat
th~r. recorded in Book 93 at pages 11265 through 11268 of plats, Ada County, Idaho;
tbcnce leaving said centerline and &long said boundazy line Noo043'18"E a distance of
73.24 feet to a 5/8 inch iron rod; thence S89°47' 19"E a distance of 189.78 feet to a 5/8
ineb iron rod; thence SOS036'œ"W a distance of 56.62 to a 5/8 ineh iron rod; thence
S28°I0'I3"W a distance 0(30.42 fect to a 5/8 inch iron rod; thence S56°12'I3"W a
distance of 92.17 feet to the POINT OF BEGINNING.
Said parcel contains 18,897 sq. ft. or 0.43 acres morc: or less and is subject to any and all
casements and/or rights-or-ways of record or implied.
RECEIVED
MAR 3 1 2006
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
City Of Meridian
~erk Office
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In the Matter of Annexation and Zoning of ,43 acres from RUT to L~O (Limited Office) by
Strada Bellissima, LLc.
Case No(s). AZ-06-002
For the City Council Hearing Date of: April 4, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 4, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of April 4, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April4,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of April 4, 2006 incorporated by reference)
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. §6796503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 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 §
11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CIn' OF MERIDIAN FTNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.O6-002. PAGE 1 of3
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditio~ 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 Plamúng Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and the Conditions of Approval all
in the attached Staff Report for the hearing date of April 4, 2006 incorporated by
reference. 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 § 11~5A and
based upon the above and foregoing Findings of Pact which are herein adopted, it is hereby
ordered that:
The applicants request for Annexation is approved subject to the Development
Agreement in the attached Staff Report for the hearing date of April 4, 2006 incorporated
by reference.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property wmch may be adversely affected by the issuance or denial of
the conditional use pennit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
E. Attached: Staff Report for the hearing date of April 4, 2006
By action ofthe City Council at its regular meeting held on the 4-~
--/Jp-r,- ( , 2006.
day of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). AZ-O6-002- PAGE 2 of3
COUNCIL MEMBER SHAUN WARDLE
VOTED ¡r/J~
VOTED ~
VOTED~
VOTED fjo-
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
-
VOTED
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Copy served upon: pp 1cant "'/flllll;", 111\1\\\'"
Planning Department
. Public Works Department
./' City Attorney
B: k, 0... hwJ
~ce
ATTEST:
Dated:
4..u ..ell
CITY OF MERIDIAN FINDINGS OF FACf, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O6-002- PAGE 3 on
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR mE J.lEARING DATE OF APRIL 4, 2006
STAFF REPORT
City Council Hearing
Hearing Date: 4/4/2006
Mayor and City Council
Josh Wilson, Associate City Planner
Strada Bellissima Outparce1
. AZ.06.002
Annexation and Zoning of .43 acres ftom RUT to L-O zone
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TO:
FROM:
SUBJECT;
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Strada Bellissima, LLC, has applied for Annexation and Zoning (AZ) of .43 acres ITom
RUT (Ada County) to 1-0 (Limited Office). The site is surrounded on th.-ee sides by land zoned as 1.0
which was approved with Strada Bellissima Subdivision, and the annexation and development of this
property will complete the proposed office development which was conceptually presented with the
subdivision approval. The site is located at 3015 S. Meridian Road, near the intersection of S. Meridian
Road (SA 69) and Victory Road.
2, SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
item on March 2, 2006. At the public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: Chris Hobbs
ii. In opposition: None
Hi. Commenting: None
iv. Staff presenting application: Josh Wilson
v. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. None.
c, Key Commission Cbanges to StatTRecommendation:
i. None.
d. Outstanding Issue(s) for City Council:
i. None.
3. PROPOSED MOTIONS
Approve
After considering all staff, applicant and public testimony, J move to approve File Number AZ-
06-002 as presented in the staff report for the hearing date of April 4, 2006, with the following
modifications to the proposed development agreement: (add any proposed modifications.)
Deny
After considering all staff, applicant and public testimony, I move to deny File Number AZ-06.
002 as presented in the staff report for the hearing date of April 4, 2006, for the following
reasons: (you should state specific reasons for denial of the annexation request.)
Continuance
Strada Bellissima Outparcel AZ-O6.002
PAGE I
CITY OF MERIDIAN PLANNING DEPAR1MENT STAFF REPORT FOR THE HEARING DATE OF APRIL 4,2006
After considering all staff, applicant and public testimony, I move to continue File Number AZ-
06-002 to the hearing date of (insert continued hearing date here) for the following reason(s):
(you should state specific reason(s) for continuance.)
4, APPLICATION AND PROPERTY FACTS
8. Site Address/Location:
3015 S. Meridian Road
Section 24, T3N Rl W
b. Owners:
Strada Bellissima, LLC
9560 W. Pebble Brook Lane
Garden City, Idaho 83714
c. Applicant:
Strada Bellissima, LLC
9560 W. Pebble Brook Lane
Garden City, Idaho 83714
d. Representative: Coos Hobbs, Pinnacle Engineers
e. Present Zoning: RUT
f. Present Comprehensive Plan Designation: Low Density Residential
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
By reason of the provisions ofUDC 11-5B~3, a public hearing is required before the City
Council on this matter.
c. Newspaper notifications published on: February 13 and 27,2006
d. Radius notices mailed to properties within 300 feet on: February 8,2006
e. Applicant posted notice on site by: February 20, 2006
6. LAND USE
a. Existing Land Use(s): Existing residence
b. Description of Character of Surrounding Area: Approved as part of Strada Bellissima
Subdivision for office uses along Meridian Road, with a single family residential development
on the remainder of the property.
c. Adjacent Land Use and Zoning
1. North: Strada Bellissima Subdivision, zoned L.().
2. East: Strada Bellissima Subdivision, zoned L-O.
3. South: Rural properties, zoned RUT (Ada County).
4. West: Strada Bellissima Subdivision, zoned 1-0.
d. History of Previous Actions: None.
Strada Bc:llissima Outparcel AZ-O6-002
PAGE 2
. . .._-"......
CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRiL 4, 2006
e. Existing Constraints and Opportunities
I. Public Works
Location of sewer: Already serviced through Strada Bellisima #1.
Location of water: Already servìced through Strada Bdlisima #1.
Issues or concerns: None.
2. Vegetation: None.
3. Floodplain: NA
4. CanalslDitches Irrigation: No major facilities.
S. Hazards: None known.
6. Proposed Zoning: 1-0
7. Size of Property: .43 acres
g. Landscaping
I. Width of street buffer(s): 25 feet on Victory Road.
2. Width ofbuffer(s) between land uses: NA
3. Percentage of site as open space: NA
4. Other landscaping standards: NA
h. Proposed and Required Non-Residential Setbacks: per the L-O zone
1-0 Standard
20 feet
Front
Side 10 feet
Rear 20 feet
Max. Building Height 35 feet
Min. Lot Size None
Min. Street Frontage None
i. Sununary of Proposed Streets and/or Access (private, public, common drive, etc.): The access
to the site will be from an existing public roadway (W. Ga1vani Drive) and commercial drive
aisles within Strada Bellissima Subdivision.
7. COMMENTS MEETING
On February 10, 2005 Planning Staff held an agency comments meeting. The agencies and departments
present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments
and recommended actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is currently designated 'Low Density Residential' on the 2002 Comprehensive Plan
Future Land Use Map. The City approved Resolution No. 04-0454, which amended Chapter VII, Section
1, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas
with a Residential Comprehensive Plan designation may request office uses if the property has frontage
on an arterial street or a section line road and is 3 acres in size or less in size." In this instance, no
Strada Bellissima Outparcel AZ-O6.002
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRlL4, 2006
ancillary commercial uses shall be pennitted." Staff finds that the subject property has frontage on an
arterial street, Victory Road, and is less than 3 acres in size (.43 acres). According to Resolution No. 04.
0454, the subject parcel is eligible for an office use/zone, if the Commission and Council find the zoning
is appropriate for this site. Please see the following facts and circwnstances and the Special
Considerations below for further analysis of the proposed zoning designation.
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):
.
Require that development projects have planned for the provision of all public services
(Chapter VII, Goal Ill, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject prOperties. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
. Sanitary sewer and water service will be extended to the project at the
developer's expense.
The subject lands currently lie within the jurisdiction of the Meridian Rural Fire
District. Once annexed the lands will be under the jurisdiction of the Meridian
City Fire Department, who currently shares resource and personnel with the
Meridian Rural Fire Department.
The subject lands currently lie within the jurisdiction of the Ada County Sheriff's
Office. Once annexed the lands will be serviced by the Meridian Police
Department (MPD).
The roadways adjacent to the subject lands are currently owned and maintained
by the Ada County Highway District (ACHD). This service will not change.
The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
The subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian Library District should suffèr no
revenue loss as a result qfthe subject annexation.
.
.
.
.
.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
.
"Plan for a variety of commercial and retail opportunities witlrin the Impact Area." (Chapter
vTI, Goal I, Objective B)
Staff believes that the proposed zone. which allows office uses, does contribute to the variety
of uses in this area.
Provide for non.exc1usive residential zoning that allows for low-impact neighborhood
commercial areas to develop in residential districts. Develop standards to regulate
neighborhood commercial uses to minimize the impact on the integrity of the residential
district (Chapter VII, Goal IV, Objective C, Action 7).
.
The proposed development will be restricted to professional and medical offices uses through
the Comprehensive Plan text amendment. The office uses will have a low-impact on the
Strada Bellissima Outparcel AZ-O6-002
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT 5T AFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
surrounding properties and will not compromise the integrity of the surrounding residential
district. The project will take vehicular access from w. Galvani Drive, and will not disrupt
the nature or character of the neighborhood.
Staff finds that the proposed 1-0 zoning designation is harmonious with and in accordance with
the Comprehensive Plan and the recent Comprehensive Plan text amendment.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2B-2 lists personal and professional services as a
Permitted Use in the L-O zone.
b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the
retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Four Districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location
of the district in proxinúty to streets and highways.
10, ANALYSIS
a. Analysis of Facts Leading to StaffRecomrnendation
ANNEXATION ANAL ¥SIS: Based on the policies and goals contained in the Comprehensive
Plan and the general compliance of the proposed development with the Zoning Ordinance, staff
believes that tWs is a good location for the proposed office development. Please see Exhibit D for
detailed analysis of facts and fmdings.
Suecia1 Considerations:
Victory Road Access: Per the applicant's conceptual site plan, no direct lot access to Victory
Road shall be allowed. This will nùnimize traffic interference and impact on Victory Road.
The annexation legal description submitted with the application (prepared on December 12. 2005
by Stephen Lee, P1S) shows the property as contiguous to the existing corporate boundary of the
City of Meridian.
Prior to the annexation ordinance approval. a Development Agreement (DA) shall be entered into
between the City of Meridian. property owner (at the tùne of annexation ordinance adoption), and
the developer. The anolicant shall contact the Citv Attorney. Bill Nary. at 888-4433 to initiate this
process within 18 months of City CoWlcil auproval of the annexation reQuest. The DA shall
incorporate the following:
. 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.
. All future development of the subject property shall be constructed in accordance with CitY'
of Meridian ordinances in effect at the time of development.
. 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
inigation.
. No direct lot access to Victory Road shall be allowed.
b. Staff Recommendation: Staff recommends approval of AZ-O6-002 for Strada Bellissima
Outparcel as presented in the staff report for the hearing date of April 4, 2006 based on the
Strada Bellissima Outparcel AZ-O6-002
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRTL4, 2006
Findings of Fact as listed in Exhibit D and subject to the approval conunents as listed in Exhibit
B as attached to this report. Staff has prepared findings consistent with this reconunendation.
11, EXHIBITS
A. Drawings
1. Conceptual Site Plan (dated: December 13. 2005)
B. Approval Conunents
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
S. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description
D. Required Findings from Zorung Ordinance
Strada Bcllissima Outparccl AZ-06-002
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of APRlL 4, 2006
A. Drawings
1. Conceptual Site Plan (dated: December 13, 2005)
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Exhibit A
-.--.-'" "'.....--
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR mE HEARING DATE OF APRIL 4, 2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1
ANNEXATION COMMENTS
Prior to the aIUlexation 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 aoplicant shall contact the City Attornev. Bill Nary. at 888-4433 to initiate this
Drocess within 18 months of City Council aooroval of the annexation reQuest. The DA shall
incorporate the following:
. 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.
. All future development of the subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development.
. 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
ftom the City of Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation.
. No direct lot access to Victory Road shall be allowed.
2, PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with ilis armexation. All comments will be reserved
for during the plan review process for any proposed development.
3. FIRE DEPARTMENT
1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
2. Final Approval of the flfe hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 Y:z" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing pennits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10' .
f. Fire hydrants shall be place 18" above fmish grade.
g. Fire hydrants shall be provided to meet the requirements of the we Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
4. All conunon driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
5. Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section DIO3.6 Signs.
6. For all Fire Lanes, provide signage "No Parking Fire Lane".
7. Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
8. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping.
9. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
Exhibit B
-. -----"'-"--'.
..-.,.
CITY OF MERIDIAN PLANNING PEP ARTMENT 81 AFF REPORT FOR THE HEARING DATE OF APRIL 4, 2006
10. Building setbacks shall be per the International Building Code for one and two story construction.
11. The roadways shall be built to Ada County Highway Standards cross section requirements 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. These measurements shall be based on the face of curb dimension. The roadway shall be
able to accommodate an imposed load of 75,000 GVW.
12. 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 per Appendix D.
13. The flIe department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
14. Maintain a separation of 5' ftom the building to the dumpster enclosure.
IS. Provide a Knox box entry system for the complex prior to occupancy.
16. The first digit of the Apartment/Office Suite shall correspond to the floor level.
17. The applicant shall work. with Planning Department staff to provide an address identification plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection(s).
18. All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
19. All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
20. Provide exterior egress lighting as required by the International Building & Fire Codes.
21. Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
22. There shall be a fire hydrant within 100' of all Fire Department connections.
23. Buildings over 30' in height are required to have access roads in accordance with Appendix D
SectionDl05.
24. Emergency response routes and fire lanes shall not be allowed to have speed bumps.
25. Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three
means of fU'e apparatus access for each structure. (Remoteness Required)
4. POLICE DEPARTMENT
1. The Police Department has no concerns with the site design 85 submitted with the application.
5. PARKS DEPARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (UDC 1 1-3B-I0) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (UDC 11-3B-I0) will be followed.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARfNG DATE Of APRlL 4, 2006
6. SANITARY SERVICE COMPANY
1. Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
7. AOACOUNTYÐIGHWAYÐISTRICT
1. No comments received.
Exhibit B
. ~----..-
CTTY OF MERIDIAN PLANNING DEP ARTM ENT STAFF REPORT FOR TIlE HEARING DATE OF APRIL 4, 2006
C. Legal Description
A parcel of land located in the Southeast 114 of Section 24, Township 3 North. Range 1
West, Boise Meridian, Ada County, Idaho and more particularly described as follows:
Commencing at an aluminum cap monument marking the southeast comer of said
Section 24; thence along the South line of said Section 24 (also being the centerliue ofW-
Victory Road) N8goz0'S2"W a distance of 213 .69 feet to a point of curvature ûom which
ID aluminum cap monument marking the southwest comer ortbe Southeast 114 of said
Southeast 114 bears N89u20'S2"W a distance of 1106.41 feet; thence leaving said South
line and continuiDg along said centerline of W. Victory Road along the arc of a 200.00
foot radius curve to the right having a length of ]37.23 feet, a centntl angle 009°] 8'48"
and a long chord of 134.55 feet bearing N69°4I'28"Welt to II point of tangency; thence
N49"37'30"Wa distance of41.65 feet to a 5/8 inch iron rod; thence N49°32'50"W a
distance of 16.4] feet to a S/8 inch iron rod marking the POINT OF BEGINNING;
Thence continuing along said centerline ofW. Victory Road and the arc ora 319.41 foot
radius curve to the left having II length of 11332 feet, a central angle of 20°19'39" and a
IODS cbotdofl12.73 feet bearing N56°41')5"W to a point of cusp marked by a 518 inch
iroo rod on the boundary line of Strada Bellissima Subdivision No.1 as shown on the plat
~f. recorded in Book 93 at pages 11265 through 11268 of plats, Ada County, Idaho;
thence leaving sa.id centerline and along said boundary line NOO"43 , IS"E a distance of
73.24 feet to a S/8 inch iron rod; thence S89"47'19"E a distance of189.78 feet to a 5/8
ineb iron rod; thence SOS"36'O9"W a distance of 56.62 to a 5/8 inch iron rod; thence
S28°10'13"W a distance of 30.42 feet to a 5/S inch iron rod; thence S56"12' 13"W a
distarwe of92.17 feet to the POINT OF BEGlNNING.
Said parc.cl contains 18,897 sq. ft. or 0.43 acres more or less and is subject to any and all
casements andlor rights-or-ways of rc¡;ord or implied
CO46UJ ""NNEX LEGAL UJ205 111."""
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARfNG DATE OF APRIL 4,2006
EXHIBIT "B"
ANNEXATION OF
A PORTION 0' m SE1/4 OF THE SB 1/4 or SECITON 24
TOWNSBJP 3 NORTH, RANGB 1 WIST, BoISE 1ŒRIÐ1AN
CITY OF aŒRlDIAN, ADA COt/lll'lT, IDARO
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Exhibit C
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR mE HEARlNG DATE OF APRIL 4,2006
D. Required Findings from Zoning Ordinance
1. Annexation Findings:
Upon recommendation from the Commission, the Council shaD make a fun investigation
and sbaD, at the public bearing, review tbe application. In order to grant an annexation
and/or rezone, the Councn shall make the following findings:
1. Tbe map amendment complies with tbe applicable provisions of the comprehensive
plan;
The applícant is proposing to zone all of the subject property to L-O. City Council fmds
that the proposed zoning map amendment complies with the applicable provisions of the
comprehensive planl. Please see Comprehensive Plan Policies and Goals, Section 8, of
the Staff Report.
The map amendment complies with the regulations outlined for tbe proposed
district, spetifically tbe purpose statement;
City Council finds that personal and professional service uses are allowed within the
requested zoning district ofL-O as a Principally Permitted Use.
The map amendment shall not be materially detrimental to the public bealth, safety,
and welfare;
City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
The map amendment sbaD not result in an advene impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to
this site.
Exhibit D
2,
3,
4.
5.
The annexation is in the best of interest ofthe City (UDC 1l-Sß.3.E).
City Council finds that all essential services are available or will be provided by the
developer to the subject property and will not require unreasonable expenditure of public
funds. The applicant is proposing to develop the land in general compliance with the
City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance
with the findings listed above, City Council fmds that Annexation and Zorunl! of this
propertv to L-Q would be in the best interest of the City.