Cairns Crossing Subdivision AZ 04-011
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PARTIES:
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 36
BOISE IDAHO 06/05106 01:05 PM
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Mendlan City 106088998
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DEVELOPMENT AGREEMENT
1.
2.
City of Meridian
Stubblefield Development Company, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this '6t'"' day of ----.In o..~ ' 2005, by and between CITY OF
MERIDIAN, a municipal corporation 0 the State of Idaho, hereafter called "CITY', and
Stubblefield Development Company, whose address is PO Box 327, Meridian, Idaho
83680, hereinafter called "OWNER/DEVELOPER.
1.
RECITALS:
1.1
WHEREAS, "/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, 1. C. § 67-6511 A, 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, "Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (C-C) Community Business
"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-O4-011 CAIRNS CROSSING)
PAGE 1 OF 14
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1.6
1.7
1.8
1.9
1.9
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 23rd day of November, 2004, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as (the "Findings"); and
WHEREAS, the Findings require the "OwnerlDeveloper" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
"OWNERSIDEVELOPER" 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 "Owners/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 annexation and zoning
designation ITom government subdivisions providing services within
the planning jurisdiction and ITom affected property owners and to
ensure annexation and zoning designation is in accordance with the
amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian City Code Title 11 and
Title 12.
NOW, THEREFORE, in consideration ofthe covenants and conditions set
forth herein, the parties agree as follows:
DEVELOPMENT AGREEMENT (AZ-O4-011 CAIRNS CROSSING)
PAGE 2 OF 14
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes ofthis Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1
3.3
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 "OWNERS/DEVELOPER": means and refers to
Stubblefield Development Company, whose address is PO Box 327,
Meridian, Idaho 83642, the party owning said "Property" being
developed 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-C attached hereto and by this reference incorporated herein
as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
4.2
The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (C) which are herein specified as follows:
Construction and development of a planned development consisting
of 11 commercial lots in a single phase with an average lot size of
36,270 square feet in a proposed C-C zone.
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, and shall be required to obtain
DEVELOPMENT AGREEMENT (AZ-O4-011 CAIRNS CROSSING)
PAGE 3 OF 14
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the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance
criteria, therein, provided, prior to, and as a condition of, the commencement of construction
of any buildings or improvements on the "Property" that require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
"Developer" shall develop the "Property" in accordance with the following
special conditions:
A.
Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1. A cross access agreement must be established for all subdivision lots. In
addition, a cross access agreement must be established with the Linder
Crossing parcel to the west.
2. All Cherry Lane facing building elevations on Lots 1,2,3,4, and 5, Block 1
(lots adjacent to Cherry Lane) shall have at least 40% glass and floors above
the main floor shall have a minimum of 20% glass. Also, on the
aforementioned lots, one or more ofthe following shall be incorporated into
all building walls facing Cherry Lane: awnings, modulated/articulated walls,
parapets, eave overhangs or similar design features.
3. All HV AC units located on the roofs of buildings must be screened.
4. Lots 8, 9, 10, and 11, Block 1 (all lots adjacent to the south property line)
shall have a restriction that any use that is not consistent with a standard
Limited Office zone use shall be restricted to hours of operation between 6:00
a.m. and 11 :00 p.m. every day of the week.
5. The south perimeter block wall shall be designed such that the top of the wall
matches the top ofthe existing wall in Linder Crossing, allowing for overall
wall height to exceed six feet if the ground contours demand.
B.
Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
1. Sanitary sewer service to this site will be from main line extensions from
mains adjacent to the proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works Department.
DEVELOPMENT AGREEMENT (AZ-O4-0 11 CAIRNS CROSSING)
PAGE 4 OF 14
Sewer mains will not be allowed within landscape areas, beneath landscape
islands, and manholes will not be allowed in parking and loading areas.
Developer shall execute City of Meridian standard forms of easements, for
any mains that are required to provide.
2. Water service to this site will be ITom main line extensions from existing
water mains adjacent to the proposed development. The developer will be
responsible to construct water mains to and through this proposed
development. Subdivision designer to coordinate main sizing and routing
with the Public Works Department. Developer shall execute City of
Meridian standard forms of easements, for any mains that are required to
provide service.
3. PerMCC 12-13-10-4, construct a minimum 25-foot wide street buffer along
Cherry Lane and a minimum 25-foot wide buffer adjacent to the southern
boundary and a minimum 20' buffer along the eastern boundary. All required
street buffers shall be located beyond any future right-of-way.
4. All landscape buffers shall be constructed prior to the issuance of any
Certificate of Occupancy within the subdivision.
5. Developer shall provide additional information on relocation of Cairns
lateral. Developer shall work with staff to the plan the final relocation of the
Cairns lateral.
6. The Preliminary Plat shall be revised as follows:
a. Show where pump station will be relocated;
b.Modify play to show two access points off of Cherry Lane and align
eastern access point with the library's ingress access point;
c. Provide a pedestrian connection to Cherry Lane at the western
driveway;
d.Show an emergency access connection and pedestrian connection at
the 13th Street stub; and
e. Show second access point to the west on preliminary plat.
7. A detailed fencing and landscape plan, in compliancewithMCC 12-13, shall
be submitted with the final plat application.
8. Any future proposed drive-thru's will require a Conditional Use Permit
application.
DEVELOPMENT AGREEMENT (AZ-O4-011 CAIRNS CROSSING)
PAGE 5 OF 14
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9. A Certificate of Zoning Compliance (CZC) will be required prior to the
issuance of building permits. Since parking is not assessed with the
preliminary plat, compliance with parking requirements will be verified with
the Certificate(s) of Zoning Compliance. SSC must approve the site plan
prior to the issuance of a CZC for the subject property.
10. Any tree over 4" in caliper that is removed from the property shall be
replaced by installing additional trees, being the equivalent number of caliper
inches of trees that were removed. Requiring landscaping trees will not be
considered as replacement trees for those that have to be removed.
11. A drainage plan designed by the State ofIdaho licensed architect or engineer
is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91)
for all off-street parking areas. Storm water treatment and disposal must be
designed in accordance with Department of Environmental Quality 1997
publication Catalog of Storm Water Best Management Practices for Idaho
Cities and Counties and City of Meridian standards and policies. Off-site
disposal into surface water is prohibited unless the jurisdiction which has
authority over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
12. Any drainage areas (detention/retention basins) must be designed to ensure
that water will percolate or discharge within a period of time not to exceed 24
hours for all storms up to and including a 100-year storm event. Side slopes
within drainage areas shall not exceed 3: 1.
13. The developer has indicated that the business owners association will own
and maintain the pressure irrigation system within this development. The
City of Meridian requires that pressurized irrigation systems be supplied by a
year-round source of water. If a creek or well source is not available, a
single-point connection to the municipal water system shall be required. If a
single-point connection is utilized, the developer shall be responsible for the
payment of assessments for the common areas prior to signature on the final
plat by the Meridian City Engineer. Complete plans and specifications shall
be reviewed by the Public Works Department as part of the development plan
review process. A draft copy of the pressurized irrigation system 0 & M
manual shall be submitted prior to plan approval. The developer shall be
DEVELOPMENT AGREEMENT (AZ-O4-011 CAIRNS CROSSING)
PAGE 6 OF 14
required to utilize any existing surface or well water for the primary source.
14. Emergency access located at the 13th Street stub shall be a minimum twenty
foot (20') wide access gate for emergency services and two (2) five foot (5')
wide pedestrian openings, per the drawing submitted by the applicant at the
November 3,2004 City Council hearing. The exact design details shall be
coordinate with staff at the time of preparation of construction drawings for
the preliminary plat.
15. Revise the plat note addressing setback lines; the note incorrectly lists the
ITont setback as 20'. The setback is 25' for the C-C zoning district.
16. Ordinance requires landscape buffers to be located in a common lot but
developer may request to have the landscape buffers to be located in
easement. If the landscape buffers are located in an easement the landscaping
shall be maintained by a common business owners association.
Adopt the ACHD conditions as follows: Construct a 35-footwide curb return driveway that
intersects Cherry Lane to align to 13th Avenue on the north side of Cherry
Lane. Construct the driveway as a IS-foot curb return type driveway and
pave the driveway its full width and at least 30-feet into the side beyond the
edge of Cherry Lane.
18. Construct a 35-foot wide curb return type driveway that intersects Cherry
Lane at the east property line to align with a driveway on the north side of
Cherry Lane that serves the Meridian Public Library. Construct the driveway
as a IS-foot curb return type driveway and pave the driveway its full width
and at least 30-feet into the site beyond the edge of Cherry Lane.
19. Do not extend 13th Avenue as a public street. Construct a single 10- foot wide
access (minimum) or two 5-foot wide accesses to allow pedestrians and
bicyclists to ITeely travel between the existing neighborhood and the new
commercial development. Coordinate with Meridian City Emergency
Services and District staffto determine an appropriate means for emergency
access, pedestrian and bicycle traffic.
20. Submit a signed cross access agreement for this parcel and the parcel to the
west to share ingress and egress to Cherry Lane.
DEVELOPMENT AGREEMENT (AZ-O4-011 CAIRNS CROSSING)
PAGE 7 OF 14
21. Other than the access points that have specifically been approved with this
application, direct access to Cherry Lane is prohibited and shall be noted on
the final plat.
22. Comply with the Standard Conditions of Approval.
c.
Comply with all the conditions in the corresponding applications in this matter,
Rezone RZO 1-0 11.
D.
Adopt the action of the City Council taken at their November 23,2004 meeting as
follows:
For clarification:
1. A cross access agreement must be established for all subdivision lots. In
addition, a cross access agreement must be established with the Linder Crossing
parcel to the west.
2. All Cherry Lane facing building elevations on Lots 1,2,3,4, and 5, Block 1 (lots
adjacent to Cherry Lane) shall have at least 40% glass and floors above the main
floor shall have a minimum of20% glass. Also, on the aforementioned lots, one
or more of the following shall be incorporated into all building walls facing
Cherry Lane: awnings, modulated/articulated walls, parapets, eave overhangs or
similar design features.
3. All HV AC units located on the roofs of buildings must be screened.
4. Lots 8, 9, 10, and 11, Block 1 (all lots adjacent to the south property line) shall
have a restriction that any use that is not consistent with a standard Limited
Office zone use shall be restricted to hours of operation between 6:00 a.m. and
11 :00 p.m. every day of the week.
5. The south perimeter block wall shall be designed such that the top of the wall
matches the top of the existing wall in Linder Crossing, allowing for overall wall
height to exceed six feet if the ground contours demand.
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 "Owner/Developer's" heirs, successors, assigns,
to comply with Section 6 entitled "Conditions Governing Development" of subject
DEVELOPMENT AGREEMENT (AZ-O4-011 CAIRNS CROSSING)
PAGE 8 OF 14
"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 1.c. § 67-
6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/Developer" consent upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned upon the
following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply with
this Agreement to "Owner/Developer" and if the "OwnerlDeveloper"
fails to cure such failure within six (6) months of such notice.
9. INSPECTION: "OwnerlDeveloper" 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.
DEFAUL T:
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 ofthe 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
DEVELOPMENT AGREEMENT (AZ-O4~OII CAIRNS CROSSING)
PAGE 9 OF 14
"Owner/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior
to the third reading of the Meridian Zoning Ordinance in connection with the annexation and
zoning of the "Property" by the City Council. If for any reason after such recordation, the
City Council fails to adopt the ordinance in connection with the annexation and zoning of the
"Property" contemplated hereby, the "City" shall execute and record an appropriate
instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title
or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action
at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
13.1
13.2
In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner/Developer" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
In the event the performance of any covenant to be performed
hereunder by either "OwnerlDeveloper" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5- 3, to insure that installation of the improvements,
which the "Owner/Developer" agrees to provide, if required by the "City".
DEVELOPMENT AGREEMENT (AZ-O4-011 CAIRNS CROSSING)
PAGE 10 OF 14
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" 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/Developer" agrees
to abide by all ordinances ofthe 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:
CITY:
0 WNER/D EVELO P ER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Stubblefield Development Company
PO Box 327
Meridian, Idaho 83680
OWNERS:
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 ofthis 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
DEVELOPMENT AGREEMENT (AZ-O4-011 CAIRNS CROSSING)
PAGE 11 OF 14
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/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 "OwnerlDeveloper" has fully performed its obligations under this
Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not valid
by a court of competent jurisdiction, such provision shall be deemed to be excised ITom 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".
DEVELOPMENT AGREEMENT (AZ-O4-011 CAIRNS CROSSING)
PAGE 12 OF 14
22.1
No condition governing the uses and/or conditions governing development of
the subject "Property" herein provided for can be modified or amended
without the approval of the City Council after the "City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning 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.
OWNERIDEVELOPER:
Attest:
/
BY:
CITY OF MERIDIAN
lr tJlf:; ¿Pþ-Y"~ Ç-/6-/.Jb
-
STATE OF IDAHO)
: ss
COUNTY OF ADA )
On this ß~ day of . , in the year 2006; before
me, a Notary Public, personally appeared -~.Qhn c.~lc.-~.p.ej d ,
known or identified to me to be the ~ Ira...:t're. S ld@,f\+ , of
Stubblefield Development Company, and the person who executed the instrument and
acknowledged to me that they having executed the same.
(SEAL)
::CD
~C) II
STATE OF IDAHO)
:ss
County of Ada )
On this _Il; lfu day of --.n1 Cll.)} , in the year 2000" before
me, a Notary Public, personally appeared Tammy de "Weerd and William G. Berg, JI., 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.
~I WI /0 (;yu~\--
Notary Public for Idaho,
Residing at: l,lt Ux/ ,JJd
Commission expires: 10 -f)-II
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DEVELOPMENT AGREEMENT (AZ-O4-011 CAIRNS CROSSING)
PAGE 14 OF 14
~U& 24 04 08:08a
p.2
Re-Zone Boundary Description
for
Stubblefield Development
A parcel for re-zone purposes located in the NW % of the NW X of Section 12,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly
described as follows:
BEGINNING at a 518 inch diameter iron pin marking the nol"thèaster1y comer of said NW
Y.. of the NW % (1/16 Comer), from which a brass cap monument marking the
northwesterty comer of said NW X of the NW X (Section Comer) bears N 89"53'55" W
a distance of 1326.46 feet;
Thence S 0°16'06- W along the easterly boundary of said NW Y. of the NW Y. a
distance of 495.77 feet to a 5/8 inch diameter iron pin marking the northeasterly COmer
of North Gate No. 3 Subdivision as shown in Book 38 of Plats at Page 3160 in the office
of the Recorder. Ada County, Idaho;,
Thence N 89°44'01. W along the northerty boundaJy of said North Gate No.3
Subdivision and the northerly boundal}' of North Gate No.2 Subdivision as shown in
Book 33 of Plats at Page 2024 in the office of the Recorder, Ada County, Idaho, a
distance of 894.44 feet to a point;
Thence N 3°57'29" E along the westerly boundary of said North Gate No.2 Subdivision
a distance of 205.67 feet to a 5/8 inch diameter iron pin;
Thence leaving said westerly boundary N 0°12'40" E a distance of 287.99 feet to a point
on the northerly boundary of said NV\I y. of the NW Y.-;
Thence S 89°53'55" E along said northerly boundary a distance of 881.50 feet to the
POINT OF BEGINNING.
This parcel contains 10.04 acres and is subject to any easements existing or in use.
Clinton W. Hansen, PLS
land Solutions, Inc.
August 24, 2004
bJ:
AUG 2 5 04
J4eridian Public
Works Dept.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF, LAW AND
DECISION & ORDER
In the Matter of a Rezone of9.16 Acres from Rw8 to C-C AND Freliminary Plat Approval
for Eleven Commercial Building Lots in a Proposed C-C Zone for Cairns Crossing
Subdivision, by Landmark Engineering & Planning, Inc.
Case Nos. RZ-O4-011, PP-O4.033
For the City Council Hearing Date of: November 16, 2004
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 appealing 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 matters were duly considered by the City Council at the November 3, 2004,
public hearing. The applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian were given full opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matters to the City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
'2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17.5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts .
3. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Reconunendation for the subject application(s), it is hereby
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOS. RZ-04-011 &PP-04-033 - PAGE t of4
verified that the property owner(s) of record at the time. of issuance of these
findings is Stubblefield Development Company.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit E for the findings required for the Rezone application.
b.
See Exhibit F for the findin~ required for the Preliminary Plat application.
B. Conclusions of Law
I. The City of Meridían shall exercise the powers conferred upon it by the «Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (IC. §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
C\l1Tent zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6,2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11~17-9.
4. Due consideration has been given to the comment(s) received Horn the govenunental
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 ¡fthe 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 Warks Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Ex1úbit A, the Preliminary Plat
stamp dated September 28,2004 as shown in Exhibit B and the Conditions of Approval
in Exhibits C and D. 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 CounciPs 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:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
stamp dated September 28, 2004 is hereby conditionally approved; and,
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOS. RZ-O4--011 & PP-04-033 - PAGE 2 of4
2. The site specific and standard conditions of approval are as shown in Exhibits C and D.
D. Notice of Applicable Time Limits
I. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the' owner or developer shaH have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC l2-2-4.B & C.)
E. Notice afFinal Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty.eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will tol1 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 which 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.
F. Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Preliminary Plat (with conditions)
Exhibit C: Rezone Conditions of Approval
Exhibit D: Preliminary Plat Conditions of Approval (all agencies)
Exhibit E:
Exhibit F:
Rezone Findings
Preliminary Plat Findings
~o; Of~y Council at its regular meeting held on the
Py¡, /h, , 2004.
J, '3.r~ day of
CIlY OF MERiDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOs. RZ+O4.O1l & PP-04-033 - PAGE 3 of4
COUNCIL MEMBER SHAUN WARDLE VOTED ~
COUNCIL MEMBER CHRISTINE DONNELL VOTED ~
COUNCIL MEMBER CHARLIE ROUNTREE. VOTED fIuv
COUNCIL MEMBER KEITH BIRD
VOTED ~
-
MA YOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Attest:
..
arid City Attorney.
By:
City Clerk's Office
Dated: '1. "", -04
CI1YOFMERIDIAN FINDINGS OF PACT. CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOS. Rz.O4-OII & PN)4..033 -PAGE 4 of4
,
EXHIBIT A
Legal Description
Cairns Crossing Rezone
(RZ-O4-0 11 )
R6-lDne Bou8daIy DescrIption
for
S'IubIdefiøId Development
It. pmœl a' Ie-ZOIIe JUPCIII(I8 Iocat8d In !he 1M " d the NW % of Secmn 12,
Township 3 Noith. R8Vt 1 W8sf. Boise MeridIan. Ada COUnlr. Idaho, more particubmy
desctibød . fcIIIoir.8:
BEGINNING 8& ø i'8 i'IdI dIImøter Rn lib I1IIIIIdng the nGI1II8IsI8fty comer of said MN
% of the tNJ % (1118 Camer). fnJm WhIch a Ins ClIp monument I'IWIdnø the
~ CCNnIr Of eaI:I PM K of lie PM! % (Seelion ~ beans N 89"53'55. W
a diIIance øf 1326.A8 feet
Th8nœ S 0'1Ø'OØ" W aIar8 .. eIII8rtr boutd.y 01 aaIcI fNII K of the tm Yo a
di:sIanoe of 495. 77 fœt CD 8 MlInch ....... InxI ... ...... the I..... 81 -m:ft,dy comer
01 Notth GaI8 No. 3 S&b:INi8bI- ...... h Book 38 of PIlls at P8øe 31SO in the o1Iiœ
of.,. ReccftIer. AlIa Caunbr.IdIIho;.
TMnce N "4fÐ1" W ... the ~ bouncI8Iy of 8IIid Nodh Gate No. 3
SubdM8ian end lie nortIIedr bcIund8Iy of Nath BIb No. 2. SiIÞdMaion as shown in
Book 33 af PWø . Page 2GM In the c6:e 01 the Rscon:Ier, Ada County. Idaho, e
dl8tance of 884M .. tD II point
Thence N 3"S7'2II" E I!IIoIv Ihe ..... boundary Of said North Gate No. 2 Subdivision
8 db&ncø of 2Ø6ß7 feet to a MlIndI c&,. ..... "'" ph;
Thence leaving "'westeItt bcU'Gary N 0"12'40" E .. dliÀlU1Clit of 287.99 feet to e point
on #Ie Mftf ~ b:uIdaty d .... MN " of '!he NW "=
TI1ence S WO5&" E 8IoIIG 8IIId nofhrty boundery . CØ8tance of HUG feet to !he
POINT OF BEGINNING.
Thi& þ8R:8I CCInIB8Is 1Q.04 8Cf88 and is &I.ãject to II"J 8888I'AønIB exisöng or in use.
CInIøn W. ~ PLS
Lan:I SolIMan&. -
August 24. 2004
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EXHffiIT B
Approved Preliminary Plat
Cairns Crossing
(PP-O4-033)
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EXHIBIT C
Rezone Conditions of Approval
Cairns Crossing
(FiJe RZ-04-011)
The City Council of the City of Meridian hereby approves the Rezone as requested by the
Applicant for the property described in the application, subject to the following:
I. 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 subj ect property.
3. All future development on said property shall comply with the City of Meridian
ordinances in effect at the time of application.
4. A Development Agreement shall be required. Said agreement shall contain the
following conditions:
A. A cross access agreement must be established for all subdivision lots. In
addition, a cross access agreement must be established with the Linder
Crossing parcel to the west.
B. All Cherry Lane facing building elevations on Lots 1, 2, 3, 4, and 5, Block
1 (lots adjacent to Cheny Lane) shall have at least 40% glass and floors
above the main floor shall have a minimum of 20% glass. Also, on the
aforementioned lots, one or more of the following shall be incorporated
into all building walls facing Cheny Lane: awnings, modulated/articulated
walls, parapets, eave overhangs or similar design features.
C. All HY AC units located on the roofS of buildings must be screened.
D. Lots 8, 9, 10 and 11, Block 1 (all lots adjacent to the south property line)
shall have a restriction that any use that is not consistent with a standard
Limited Office zone use shall be restricted to hours of operation between
6:00 a.m. and 11 :00 p.m. every day of the week.
E. The south perimeter block wall shall be designed such that the top of the
wall matches the top of the existing wall in Linder Crossing, allowing for
overall wall height to exceed six feet if the ground contours demand.
.....'!
4.
5.
6.
EXHIBIT D
Preliminary Plat Conditions of Approval
Cairns Crossing Subdivision
(File PP-O4-o33)
The City Council of the City of Meridian hereby approves the requested Preliminary Plat
as requested by the Applicant for the property described in the application, subject to the
following:
A.
SITE SPECIFIC CONDITIONS OF APPROVAL œREL~
1.
Sanitary sewer service to this site will be from main line extensions from mains
adjacent to the proposed development. Subdivision designer to coordinate main
sizing and routing with the Public Works Department. Sewer mains will not be
allowed within landscape areas, beneath landscape islands, and manholes will not
be allowed in parking and loading areas. Applicant shall execute City of
Meridian standard forms of easements, for any mains that are required to provide
service.
2.
Water service to this site will be from main line extensions fium existing water
mains adjacent to the proposed development. The applicant wilt be responsible to
construct water mains to and through this proposed development. Subdivision
designer to coordinate main sizing and routing with the Public Works
Department. Applicant shall execute City of Meridian standard fonDS of
easements, for any mains that are required to provide service.
3.
Per MCC 12-13-10-4, construct a minimum 25-foot wide street buffer along
Cherry Lane and a minimum 25-foot wide buffer adjacent to the southern
boundary and a minimum 20' buffer along the eastern boundary. All required
street buffers shall be located beyond any future right-of~way.
All landscape buffers shall be constructed prior to the issuance of any Certificate
of Occupancy within the subdivision.
Please provide additional infonnation on relocation of Cairns lateral. Applicant
shall work with staff to plan the final relocation of the Cairns Lateral
The PreHminary Plat shall be revised as follows:
a. Show where pump station will be relocated;
b. Modify plat to show two access points off of Cheny Lane and align
eastern access point with the library's ingress access point;
c. Provide a pedestrian connection to Cherry Lane at the western driveway,
12.
13.
d. Show an emergency access connection and pedestrian connection at the
13th Street stub; and
e. Show second access point to the west on preliminary plat.
7.
A detailed fencing and landscape plan, in compliance with MCC 12-13, shall be
submitted with the final plat application.
8.
Any future proposed drive-thru's will require a Conditional' Use Pennit
application.
9.
A Certificate of Zoning Compliance (ClC) will be required prior to the issuance
of building pennits. Since parking is not assessed with the preliminary plat,
compliance ,with parking requirements will be verified with the Certificate(s) of
Zoning Compliance. sse must approve the site plan prior to the issuance of a
CZC for the subject property.
10.
Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be removed.
11.
A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all
off-street parking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publication Catalog
of Stann Water Best Management Practices for Idaho Cities and Counties and
City of Meridian standards and policies. Off-site disposal into a surface water is
prohibited unless the jwisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The applicant
is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
Any drainage areas (detentjonlretention'basins) must be designed to ensure that
water will percolate or discharge within a period of time not to exceed 24 hours
for all storms up to and including a IOO-year stonn event. Side slopes within
drainage areas shall not exceed 3: 1.
The applicant has indicated that the business owners association will own and
maintain the pressure irrigation system within this development. The City of
Meridian requires that pressurized irrigation systems be supplied by a year-rO1U1d
source of water. If a creek or well source is not available, a single-point
connection to the municipal water system shall be required. If a single~point
connection is utilized, the developer shall be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the
Meridian City Engineer. Complete plans and specifications shall be reviewed by
the Public Works Department as part of the development plan review process. A
" IS.
5.
6.
draft copy of the pressurized inigation system O&M manual shall be submitted
prior to plan approval. The Applicant shall be required to utilize any existing
surface or welt water for the primary source.
14.
Emergency access located at the 13th Street stub shall be a minimum twenty foot
(20') wide access gate for emergency services and two (2) five foot (5') wide
pedestrian openings, per the drawing submitted by the applicant at the November
3, 2004 City Council hearing. The exact design details shall be coordinated with
staff at the time of preparation of construction drawings for the preliminary plat.
Revise the plat note addressing setback lines; the note incorrectly lists the front
setback as 20'. The setback is 25' for the C-C zoning district.
16.
Ordinance requires landscape buffers to be located in a common lot but applicant
may request as a part of their application to have the landscape buffers to be
located in easement. If the landscape buffers are located in an easement the
landscaping shall be maintained by a common business owners association. Prior
to City Council applicant must either modify the plat or request alternative
compliance to allow the landscaping easement fÌ'om the Planning Director.
B.
PRELIM:INARY PLAT GENERAL REQUIREMENTS
--------
1.
Submit letter from the Ada County Street Name Committee, approving the
subdivision and street names. Make any corrections necessary to conform.
2.
Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3.
Assessment fees for water and sewer service are detennined during the building
plan review process.
4.
Two-hundred-fifty-watt, high-pressure sodium streetlights will be required at
locations designated by the Public Warks Department. All streetlights shall be
installed at subdivider's expense. Typical locations are at street intersections
and/or fire hydrants.
Underground, year-round pressurized irrigation must be provided to a111andscape
areas on site. Please subnút hook-up and design details based on the proposed
landscaping. Due to the size of landscaped area, primary water supply connection
to the City's mains will not be allowed. Applicant shall be required to utilize any
existing surface or well water for the primary source.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped
should be shown on the site plans. Plans will need to be approved by the
3.
4.
5.
6.
appropriate irrigation/drainage district, or lateral users association, with written
confinnation of said approval submitted to the Public Works Department.
7.
Show all existing and proposed easements for irrigation/drainage facilities located
within the boundaries of this proposed development.
8.
Any existing domestic wells and/or septic systems within t4is project will have to
be removed fÌ'om their domestic service per City Ordinance Section 9-1-4 and
9-4.8. Wells may be used for non-domestic purposes such as landscape irrigation.
9.
Provide five-foot.wide sidewalks throughout development in accordance with
City Ordinance.
10.
All construction shall conform to the requirements of the Americans with
Disabilities Act.
c. Adopt the RecommendatioDs of ACHD as follows:
1.
Construct a 35-foot wide curb return type driveway that intersects Cherry Lane to
align to 13th Avenue on the north side of Cherry Lane. Construct the driveway as
a IS-foot curb return type driveway and pave the driveway its full width and at
least 30.[eet into the site beyond the edge ofCheny Lane.
2.
Construct a 35. foot wide curb return type driveway that intersects Cherry Lane at
the east property line to align with a driveway on the north side of Cherry Lane
that serves the Meridian Public Library. Construct the driveway as a 15.foot
curb return type driveway and pave the driveway its full width and at least 30-feet
into the site beyond the edge of Cheny Lane.
Do not extend 13th Avenue as a public street. Construct a single 10.fo01 wide
access (minimum) or two .5-foot wide accesses to allow pedestrians and bicyclists
to freely travel between the existing neighborhood and the new commercial
development. Coordinate with Meridian City Emergency Services and District
staff to determine an appropriate means for emergency access, pedestrian and
bicycle traffic.
Submit a signed cross access agreement for this parcel and the parcel to the west
to share ingress and egress to Cheny Lane.
Other than the access points that have specifically been approved with this
application, direct access to Cherry Lane is prohibited and shall be noted on the
final plat.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
I. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building pennit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in confonnance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to "building construction
in accordance with Ordinance #198, also known as Ada County Highway District
Road Impact Fee Ordinance. .
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shan repair. existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (l~
800-342-1585) at least two full business days prior to breaking ground within
ACHD right~of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shan be upon the applicant to obtain written confmnation of
any change from the Ada County Highway District.
. 7.
8.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
wai ver/variance of said requitet11ents or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
D.
1.
Adopt the Meridian Fire Department RecommendatiPDs as follows: ,
Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department
a. Fire Hydrants shall have the 4 W' 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 spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side ofilie hydrant location.
e. Fire Hydrants shall be placed on comers.
f. Fire hydrants shall not have any vertical obstructions to outlets within
10'.The phasing plan may require that any roadway greater than 150' in
length that is not provided with an outlet shall be required to have an
approved turn around.
2.
All entrance and internal roads shall have a turning radius of28' inside and 48'
outside radius.
3.
4.
Provide a 20' wide Fire Lane for all internal & external t:oadways.
Fire lanes and streets shall have a vertical clearance of 13'6". This includes
mature landscaping.
5.
Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed an average of 300' apart.
6.
The 1 loffi.ce/commercia11o~ lot will have an W1known transient population and will
have an unknown impact on Meridian Fire Department call volumes. The Meridian
Fire Department has experienced 2397 responses in the year 2003. According to a
report completed by Fire & Emergency Services Consulting Group our requests for
service are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
Maintain a separation of 5' from the building to the dmnpster enclosure.
Provide a Knoxbox entry system for the complex.
F.
1.
2.
3.
4.
9.
All processes & storage practices shall be required to comply with the International
Fire Code.
10.
Provide exterior egress lighting as required by the InteniationaI Building & Fire
Codes.
II.
Please contact the Fire Marshall at 888-1234 to work specific issues associated with
this project.
12.
Ifbuildings are sprinkled all fire connections will be within 100' of a hydrant.
E.
Adopt the Recommendations of the Central District Health Department as
follows:
1.
This proposal can be approved for central sewage & central water after written
approval :ITom appropriate entities is submitted.
2.
The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department ofHea1th & Welfare, Division of
Environmental Quality.
3.
Run~ff is Dot to create a mosquito breeding problem.
4.
Stonnwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5.
The engineers and architects involved with the design of the subject project shall
obtain current best management practices for stonnwater disposal and design a
stonnwater management system that prevents groWldwater and surface water
degradation.
Adopt the Recommendations of N ampa Meridian Irrigation District as
follows:
If all stann drainage is retained on-site there will be no impaCt on Nampa & .
Meridian Irrigation District and no further review will be required.
If any surface drainage leaves the site, the Nampa & Meridian Irrigation District
requires a Land Use Change Application be filed for review prior to final platting.
Please contact Donna Moore at 466-7861 for further infonnation.
All.laterals and waste ways must be protected.
The developer must comply with Idaho Code 31-3805.
5,.
It is recommended that inigation water be made available to all developments
within the Nampa & Meridian I1TÏgation District.
,<
mmun
Rezone Findings
(File RZ-O4-01l)
The City Council hereby approves the following analysis of required findings by staff:
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. "
The following is the list of standards found in 11-15-11 and analysis by staff:
A.
Will the new zoning be harmonious with and in accordance with the
CompreheBsive PlaB and, if not, has there been an application for a
Comprehensive Plan amendment;
Staff finds that the 2002 Comprehensive Plan Future Land Use Map designates
the subject property as "Commercia1." The proposed C-C zoning is compatible
with the Comprehensive Plan designation of "Commercial."
Staff also finœ the following 2002 Comprehensive Plan text policies to be
applicable (staff analysis is in italics below policy):
. "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, Obj. B, #5) ,
The proposed Cairns Crossing Subdivision has frontage Cherry Lane, a
principal arterial roadway. The applicant is proposing a pedestn'an
connection with the residential subdivision to the south of the subject
property. The proposed commercial development complements adjoining
residential areas. .
. "Require screening and buffering of commercial and industrial properties and
residential use with transitional zoning." (Chapter VII, Goal IV., Obj. A, #6)
As required under MCC 12-13, the applicant is proposing landscaping bujJers
at the edges of the subject property bordering Northgate residential
.subdivision.
. "Pennit new. . .commercial. . .developments only where urban services can be
reasonably provided at the time of final approval and development is
contiguous to the City." (Chapter N, Goal I, Obj. A, #6)
E.
Cairns Crossing Subdivision is contiguous to existing city limits and sanitary
8ewer, water and other urban utilities can be extended to meet the needs of the
development.
B.
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 similar to the proposed rezone area;
The property immediately to the west of the subject property was recently
developed as a commercial development. Linder Crossing, a multi-tenant
commercial building with C-N zoning was pennitted through a CZC application
in 2002. Staff finds a rezone of the proposed property would be compatible with
other land use and facility changes in the area.
c.
Will the proposed IlSes 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;
No specific uses are proposed with this application. Staff finds that any future
uses, if designed, constructed and operated in accordance with adopted city
ordinances and standards, should be hannonious and appropriate in appearance
with the existing character of the vicinity.
D.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
Staff finds the majority of the potential future uses on the subject property
allowable in the C-C zoning district will not be hazardous or disturbing to existing
or future neighboring uses if all development and landscaping ordinances are
exercised. The proposed landscape buffers and the block walls located at the
southern edge of the property and the southwest edge of the property adjoining
residential uses are intended to mitigate any disturbances.
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 the public streets adjacent to the subject property will handle the
additional traffic generated by future development. See the report from the Ada
County Highway District for further details concerning the potential traffic
impacts of the proposed development. ACHD has recommended that the applicant
provide only two access points to Cherry Lane and that the eastern access point be
aligned with the library's access point directly north of the subject property. See
Zoning Comment "H" regarding the stub street at 13th Street. Sanitary sewer and
water are either currently available or can be made available to provide service to
the area. All other public services and facilities noted above appear to be adequate
to service this property.
F.
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;
Staff finds that this development will not cause excessive additional requirements
at public cost. All site improvements will be funded and constructed by the
developer. We also find that the rezone alone will not be detrimental to the
community's economic welfare.
G.
Will the proposed uses not involve uses, activities, processes, materials,
equipment and conditions of operation that wID be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odon;
Stafffinds that several of the allowed uses in the C-C zone may involve activities,
processes, materials, equipment or conditions that could prqduce excessive traffic
and noise and have other public impacts. The allowed uses in the C-C zone are
generally limited to uses compatible with residential uses. The Commission and
Council require that a Development Agreement be entered into to address any
potentially detrimental activities (e.g. hours of operation}.
H.
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 the vehicular approaches, if modified as recommended by staff
and ACHD, will not create an interference with traffic on surrounding streets. See
the report from the Ada County Highway District for further details concerning
the potential traffic impacts of the proposed development ACHD has
recommended that the applicant provided only two access points to Cherry Lane
and that the eastern access point be aligned with the library's access point directly
north of the subject property and that the applicant provide a pedestrian
connection and emergency access at the 13th Street stub located to the south of the
subject property.
The applicant is proposing to not provide a vehicular connection between the stub
located at 13th Street at the southern edge Dfthe subject property and the proposed
commercial subdivision. The applicant is, however, proposing to provide
emergency vehicle access and a pedestrian connection at 13th Street; this proposal
is supported by both Meridian's Police and Fire Departments and ACHD. Staff is
, .'
supportive of the applicant's proposal to provide a pedestrian connection and
emergency access at the 13th Street stub in light of the strong opposition by the
residents of 13th Street to the vehicular connection and the relatively close
proximity of 13th Street to Linder Road. The pedestrian connection will allow
residents to easily access the commercial subdivision by foot or bicycle and steel
feels that the proximity of 13th Street to Under Road does not necessitate a
vehicular connection at 13th Street.
The connection at 13th Street was discussed at the public hearings held in 2001
for the Linder Crossing CUP and rezone applications. The applicant originally
proposed to provide a vehicular connection at 13th Street. The CUP and rezone
applications (RZ..oO-OO5 and CUP-OO-048) were withdrawn by the applicant
before any decisions were made by Council regarding the access point at 13th
Street. '
I.
Will not result in the destructioo, loss or damage of a natural or scenic
feature of major importance; and
Staff finds that the rezone alone will not result in the destruction, loss or damage
of natural or scenic features.
J.
Is the proposed zoning amendment in the best interest of the City of
nleri~an.(()rd.592,11-17-1992)"
Staff finds that the rezoning of this property would be in the best interest of the
City for the following reasons:
. increased commercial land base;
. increased property tax revenue;
. municipal services are available to the area; and
. application substantially complies with the Comprehensive Plan.
<,
r ..
'-
EXHIBIT F
Preliminary Plat Findings
(File PP-O4-033)
The City Council hereby approves the following analysis of required findings by staff:
Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a
proposed subdivision. the Commission/Council shall consider the objectives of this title
and at least the following;
a. The conformance of the subdivision with the Comprehensive
Development Plan;
Staff finds that the 2002 Comprehensive Plan Future Land Use Map designates
the subject property as "Commercial" and staff finds the subdivision to be in
substantial compliance with the Plan. See other findings under the Annexation
and Zoning analysis above.
b. The availability of public services to accommodate the proposed
development;
Staff finds that public services are readily available to the lots within the proposed
subdivision. The Commission and Council should review comments provided by
the Meridian Fire and Police Departments.
In accordance with Camp Plan policy #12 (pg. 79) and policy #2 (pg. 107), staff
finds that the munber of vehicular access points to Cherry Lane should be
restricted and comply with ACHD policies in order to preserve the capacity and
movement on the roadway at build-out. Staff and ACHD are recommending that
the applicant modifY the proposed site plan to include only two access points off
of Cheny Lane rather than the three access points proposed by the applicant.
c. The continuity of the proposed development with the capital
hnprOVeD1eDtprogra~
Staff finds that the subdivision is in confonnance with and will not negatively
impact the capital improvement funds.
d. The public financial capability of supporting services for the proposed
development;
Stafffinds that the development will not require major expenditures for