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Seventh Day Adventist Church AZ 05-024 A.DA. COUNTY RECORDER J. DA.VID NA.VA.RRO ~~~~A.~~"1~~~~:SO~2:16 PM 1\\ \1\\1"'\\1\"\\\1\""\1\1\ \11 1\1 RECORDED - REQUEST OF 105164027 Meridian Ci\V A.MOUNT .00 34 DEVELOPMENT AGREEMENT PARTIES: 1. 2. 3. 4. City of Meridian GRH Ten Mile LLC, Owner Halker Properties LLC, Owner Hawkins Companies, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ll'"\\-l day of OQ-\nbLr- , 2005, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and GRH Ten Mile LLC and Halker Properties LLC, hereinafter called "OWNERS" and Hawkins Companies, hereinafter called "DEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNERS" are the sole owners, 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. 9 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owners" and/or "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- I 5-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owners" and/or "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" and/or "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Melidian City Council, as to how the DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH PAGE 1 OF 12~ subject "Property" will be developed and what improvements will be made; and 1.6 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 1.7 WHEREAS, City Council, the 6th day of September, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter refen-ed to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owners" and/or "Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNERS" and/or "DEVELOPER" deem it to be in their best interest to be able to enter into this Agreement and acknowledge that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, "City" requires the "Owners" and/or "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6,2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH PAGE 2 OF 12+2- NOW, THEREFORE, in consideration of the covenants and conditions set fOlth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho A venue, Meridian, Idaho 83642. 3.2 "OWNERS": means and refers to GRH Ten Mile LLC, whose address is 8645 W. Franklin Road, Boise, ill 83709 and Halker Properties LLC, whose address is 8645 W. Franklin Road, Boise, ill 83709, the patties who own the said "Property" and shall include any subsequent owner(s) of the "Property". 3.3 "DEVELOPER": means and refers to Hawkins Companies, whose address is 8645 West Franklin Road, Boise, ID 83709 the party developing said "Property" and shall include any subsequent developer(s) of the "Property", 3.4 "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.] 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: DEVELOPMENT AGREEMENT CAZ 05-024) SEVENTH DAY ADVENTIST CHURCH PAGE 3 OF 12~ Construction and development of either a conditional use permit or a planned development application shall be submitted to the City of Meridian prior to a future development in the LRO zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 05R024 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 "Owners" and/or "Developer" shall develop the "Property" in accordance with the following special conditions: 1. That no alterations, expansions, reconstructions or other enlargements to the existing single-family stmcture will be permitted except through a Certificate of Zoning Compliance (CZC) and except where 1) the use of the stmcture changes to a use consistent with this Development Agreement and 2) the stmcture meets all applicable development standards such as setbacks, frontage, height, etc. 2. That no building or other stmcture shall be erected, moved, added to or stmcturally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). 3. 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. 4. That the following shall be the only allowed uses on this property: churches and associated activities, 5. That the applicant agrees to provide reasonable and fair means for the parcel to the west (Parcel No, S 1204449300) to acquire and improve, as a street, the 25-foot wide area containing the existing ingress and egress easement, and further agrees to sell to the parcel to the west an additional 25-feet south of the existing 25-foot wide easement for a future street. The means for the acquisition of the 50-foot wide area are attached as Exhibit E, which shall be included as part of the development agreement. DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DA Y ADVENTIST CHURCH PAGE 4 OF 12-h! 6. That prior to issuance of a Certificate of Zoning Compliance (CZC) permit, the applicant agrees to provide a vehicular cross-street easement to the property to the south, if a driveway is constructed near the south property line. 7. That vehicular access to this site shall be restricted to those approved by ACHD and the City. 8. That the applicant shall construct a 6-foot tall solid fence along the west property line. Said fence shall not be constructed of cedar. 9. That future building setbacks from the access easement shall be in compliance with the setback of the L-O zone for streets. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owners" and/or "Developer" or "Owners" and/or "Developers" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code S 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DEMANNEXA TION AND REVERSAL OF ZONING DESIGNATION: "Owner" and/or "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: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owners" and/or "Developer" and if the "Owners" and/or "Developer" fails to cure such failure within six (6) months of such notice, 8. INSPECTION: "Owners" and/or "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. 9. DEFAULT: DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH PAGE 5 OF 12~ 9.1 In the event "Owners" and/or "Developer", "Owners" and/or "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. 9.2 A waiver by "City" of any default by "Owners" and/or "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. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owners" and/or "Developer's" cost, and submit proof of such recording to "Owners" and/or "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owners" and/or "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. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owners" and/or "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching patty'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 DEVELOPMENT AGREEMENT CAZ 05-024) SEVENTH DAY ADVENTIST CHURCH PAGE 6 OF 12~ defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity, 12.2 In the event the performance of any covenant to be performed hereunder by either "Owners" and/or "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 oftime of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code S 12-5-3, to insure that installation ofthe improvements, which the "Owners" and/or "Developer" agrees to provide, if required by the "City". 14, CERTIFICATE OF OCCUPANCY: The "Owners" and/or "Developer" agrees that no Certificates of Occupancy will be issued until an improvements are completed, unless the "City" and "Owner" and/or "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". IS. ABIDE BY ALL CITY ORDINANCES: That "Owners" and/or "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 of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH PAGE 7 OF 12+2: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian,ID 83642 Hawkins Companies 8645 West Franklin Road Boise, ill 83709 OWNERS: GRH Ten Mile LLC 8645 West Franklin Road Boise, ID 83709 Halker Properties LLC 8645 West Franklin Road Boise, ill 83709 with copy to: Ci ty Clerk City of Meridian 33 E. Idaho Avenue Meridian, ill 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto conceming this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forreiture of this Agreement. 18. 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 perrOlm. 19, BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH PAGE 8 OF 12~ representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owners" and/or "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 "Propelty", 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 "Owners" and/or "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owners" and/or "Developer" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owners" and/or "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 "Owners" and/or "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 wliting and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City", 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS DEVELOPMENT AGREEMENT CAZ 05-024) SEVENTH DAY ADVENTIST CHURCH PAGE 9 OF ]2~ IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER: HAW~~ OWNERS: ~/ GRH ~ Mi L~ , --;ner H~r~~c:~ CITY OF MERIDIAN Attest: ""O;t, ~~ 10 -(g-tl$' % CITY CLERK DEVELOPMENT AGREEMENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH PAGE 10 OF 1l.:Q STATE OF IDAHO, ) : ss: County of Ada, ) On this \\~ day ofO,-~~ ,2005, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ c<. ~ L^1. on behalf of Hawkins Companies, known or Iden 1fied to me to be the ~~ of said corporation, who executed the instrument on behalf of said corporation, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and y~apqnothjR certificate first above written. ~ V /fir ........ ~1 ". A Iv Ili>,fi> ...... (,,. ......,,""...... C' ^ ...... ~ ~ e/l 00 -v- ~~ ~ ~ fJG Q,.,. :: f....... O'r AR y ...... -'- ~ =:~ ~fl.: (SEAL)::: : _0- : : : ..)c 1, \(,::: ; ~ Pu\>\.- .. 0 :: c;. e. .lJ.., :: ~. 00 "-T ~ .. .f'> eo .." "-.. "'", ul' "..,,,,,,,,, \) \. .... <t.."" -1. 'l'E or \. ...... "lIq .t'l>' q08osa~ ~l;I!;.'lilj' ~~ ota PublIc for Idaho . ReSIding at: I"'Id;A'\ My Commission Expires: STATEOFlDAHO, ) : ss: County of Ada, ) On this ~ day of b!o.bv- , 2005, before me, the l1ndersigned, a Notary Public in and for said State, personally appeared ~;";Z If fb.WKj~ on behalf of GRH Ten Mile LLC, known or ide ified to me to be the m~h6lY of said corporation, who executed the instrument on behalf of said corpora . on, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and ~e'}f in this certificate first above written. ....~' III IfBllqllq ...... ". V AJv '/f/f" "," ~1 C' "" .... (,~ ................ .$' .... .i' - ... ... -_ ~ .....,. " $ .(;).,p ; ~ .: 'r AR y"o ':. ,.. /__ ____ (SEAL): {..,; ,*,"0 ':. ~ -; Y,v-- IZlI 0(1 odfP e ...... :. 't - " (,; E N a' Public for Idaho ... it" " y'"" 0 .. M. ""'" I ;:tt. \. "El.." P U ~ l' ~ i Residing at: . ~a /M, 0 <:..... <I' ..".."..........,,""\) ~..$' My Commission Expires: J~b DEVELOPM~~f1-.lGBBEM~N>t' (AZ 05.024) SEVENTH DAY ADVENTIST CHUR QqOi1/1U U.:i ~ ~ 'i\ ~'t1'~" PAGE 11 OF 1l.:Q STATE OF IDAHO, ) : ss: County of Ada, ) On this II!!.. day of Odobir . 2005, fore me" ~he undersigned, a Notary Public in and for said State, personally appeared l/Qr on behalf of Halker Properties LLC, known or id Ified to me to be the fnJlh& vr- of said corporation, who executed the instrument on behalf of said < (./ corporatlOn, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day ap.6f,Yelli~,tJ)is certificate first above written. ....... "\]. V A ", #"" "," ~1 <v(' .." 4<:t- (",;,. 0S0CiHi'l-OOOa <?~, ~ 'r' 06 6e ~ ~ ~ 000 Ge 1"'~ :: f... <> o'r AR Y .... J,. .. :::~ ~,...: (SEAL! :: _",- : ;:: : 4) G G :: -:. it....o PU'By\ 10: ~ e Q i' ~ ~do 0& rrl,} ",' 'li>>o ~.. J>1' """""<1>,,,,0" 'Y ~ "'~ "".... -1 'l'E or \ ~""" ".... .,.~" '0#.0 " !'l::; ~:,!!,1" ~ r~ STATEOFIDAHO ) : ss County of Ada ) On this I gth. day of ('\clnhf'r , 2005, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, 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. lIIQEIICElOo@ .1II "il.f!' G~0 ., 1.'1),. lit ~~ ----~ :AlII . ~... ...... ~: 0$ ..1.'; /'0 T A,4' ~>~.o It ,.:;: v-, I!II fIJ " \ 111 (SEAl) : : : 11II I i a ~ \ ; : Residing at: 00.. \c\\ l. 'f\ \. \D llIe. \'~\.9,_,:""~.1t Commission expires: 1(')-11-11 ?:ii-u--'{Q'!J.-. DEVELOPME~IfalA<lJl!MENT (AZ 05-024) SEVENTH DAY ADVENTIST CHURCH ~i'lrnJ:!A ~ ~ ~ Notary Public for Idaho PAGE 12 OF 1l.:Q ."-" ... EXHIBIT A Seventh Day Adventist Church Annexation Az...05-{)24 Legal Description --"- IDAHO SURVEY GROUP I..f5D .EUfW~t"'rtc""I'\. ~I.. Suito I so N>fI~Mld.h" a,l&U PJ,on. (7.iIlIj n~a57G fox (208) 8JH.5m Projecl No. 05-021 DESCRIPTION FOR STAFFORD PROPERTY Febl1.l81)1 7. 2005 A tracl or land in tl'le Southeast Quarter of the Southeast Quarter of Sectlon 4. T.3N.. R.1W., 8,M" Ada County, Idaho more particuJarlydesclibed 8\i follows: 8EGINNING at a point on the seclJon line Which bE/ara North 00.17'10" East, 653.28 feallrom the section corner common to 5aclicns 3. 4. 9 and 10, T.3N., R.1W_, B.M.. Ada County, Idaho; thance North 00"17'10. East along theseclion line, 411.34 faello a point; thence North 89"39'20' West. 529.54 faet to a steel pin: thence South 00017'10. Weal, 411.34 10 e steat pin; thence South 89"39'20. East, 529.54 reet to lMe POINT OF SEGINN1NG. containing 5.00 acre-s, more or less. ~~;J----+ IM.l (,1.l'I1}\\!' rU'il\.1C r,'E~\~'~~ oel'T \'I~""'~ 8'\ISGP""~'H~lock Cot (ll5-1H3J\OilOlliM<1\!.\OesC.doc EXHIS1 ~ CITY OF :MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning Approval of 5.0 Acres from RUT (Ada County) to L~O (Limited Office District), by Hawltins Companies Case No(s)~ AZ~05-024 For th.e City Council Hearing Date of: August 9 and September 6) 2005 A. Findings of Fact L Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing) the first publication appearing and written notice mailed to property owners or purchasers ofrecord witlrin 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 967- 6509. The matter was duly considered by the City Council at the August 9 and September 6,2005, public hearing(s). The applicant" affected property owners" and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit e:vidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to tbe City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17w5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. I11 addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject applicalion(s), it is hereby ClTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS Of LAW AND DECISION & ORDER CASE NO(S). AZ-OS-024- PAGE I of1 verified that the prope11y owner(s) of record at the time of issuance of these findings are GRH Ten Mile LLC, and Halker Properties LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975/t codified at Chapter 65. Title 67, Idaho Code (I.e. ~67~ 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code" and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6t 2002t Resolution No. 02-382 and Maps. 3. TIle conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ 11-l7~9. 4, Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision~ which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department~ the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Conceptual Site Plan dated March 17, 2005 as shown in Exhibit B~ and the Annexation and Zoning Comments as shown in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council~s authority as provided in Meridian City Code ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Conceptual Site Plan as evidenced by having submitted the Conceptual Site Plan dated March 17, 2005 is hereby conceptually approved; and, 2. The Annexation and Zoning Comments are as shown in Exhibit C. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSroNS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-024. PAGE 2 of 4 D. Notice of Final Action and Right to Re!:,rulatory Takings Analysis 1. Please take notice that this is a final action of the govenung body of the City of Meridian, pursuant to Idaho Code S 67H6S21 an affected person being a person who has an interest in real propelty which may be advel'sely affected by the issuallce 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. Exhibits Exhibit A: Legal Description Exhibit B: Approved Conceptual Site Plan Exlribit C: Annexation and Zoning Comments Exhibit D: Zoning Amendment Findings Exhibit E: IngressfEgress Easement Area Agreement By': action ofthe City Council at its regular meeting held on the ~~~ ,2005. z.tJ~ day of .. VOTED~ VOTED~ VOTED~ VOTED~ COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH Bffi..D ---- MAYOR TAl\1MY de WEERD (TIE BREAKER) VOTED ~.~ Mayo y de Weerd CITY OF MERIDiAN F1NDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S}. AZ-OS.024. PAGE 3 of 4 \\llIIHII"1I11 \,\ tC Mf;;b:~11 ".S'~"-t OJ ...:.:"YJV I///~ f~ (} r~!J~-'1~~ \. g <r a ~ - - - - : = :: SEAL - ~ .:, ~ ~/.... '\#. 0 f -:. (').. ~'r 18\. ~.$ ~~ ~ ~ $' ....,,/ CO'U.,.".v \Q ,,,~ "I/Il f'IIl 1 . "" Iff/IIII WI"II\ Copy served upon Applicant, The Planning and Zoning lJepartment, Public Works Department Attest: and City Attorney. BY:~li m-~lM..I ity Clerk's Office Dated:~ -OS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-DS.024. PAGE 4 of 4 ;EXHIBIT A Seventh Day Adventist Church Annexation AZ-05-024 Legal Description .- .-., ,........ ftt.. HSO ~u.'V~ttn;G......t'r St. Suite 150 Nerldi.n, id:lh" llJ6.;2 IDAHO SU RVEY GR.OUP l'~"",, (1.Wr II'\S.~S7(l F:t.'< (208) 06-1.5399 PmJect No. 05-021 February 7. 2005 DESCRIPTION FOR STAFFORD PROPERTY A lract of land in the Southaast Quarter of the Southeast Quarter of Section 4. T.3N., R.1W., B.M., Ada Counly, Idaho more particularly described as follows: BEGINNING at a poInt on lhe section line Which bears North 000'17'10" East, 653.28 feel from Ihe section corner common to Sections 3, 4, 9 and 10, T.3N., R. lW., 8.M., Ada County. tdaho; thence North 00"17'10" East along the seclion line, 411.34feat to a point; thence North 89"39'20" West, 529.54 feat 10 a steet pIn; thence South 00.17'10" West, 411.34 10 a steel pin; lhence South 89~39'2.0" Eaet, 529.54 feet 10 the POINT OF BEGINNING, containjng 5.00 acres, more or less, 'I ~r- 1M" \, fi 'N\.ll, \\1'\l1l~IC h'EJ,\P\~n nePT 'l!t'P.l'~ ~.' :S:IISG Prc,mo1J-l"""~\:IClc Clllla5-0431\D<JaJo.."lc>'tD~5C.d"" .. . ~. - -..--.........'"""'. ,.............-.... r--.--'-=<"-">"-'-_._.~ , I I I I I I ' . I ~ I ft ~ i I. I I t!' I e -L I k-~l1'.'"7~RIl,4ll --------a1irj?rO'7'TtUiT----..-J,......--.-:!,~,,!!!'.~ (.I ~ ............ ",_. ......,....,.............,..~l::~ i -'" ....... ,. ...... ...,.-.. ....-..".~~ ~.......- _.-..~~.....-......... ,'. ,...~,.. i l\~ J>,Pi'$IIt&l..- . El~....l~ NIl "t.'I\\~1 MeRlDIA~ \,\)\1\.1;:' WOTl~& Or,I'T. 1\ i I 11"$. I t I lUll p$1 i~r , I ( ~ G)fJl- :OCO 01l~ C<o '"Om .-( 'Q 9 ~ ~.--'"': Ull~~ -iI~ ig~ gl ~ ~ i 'J :> "ll o g~ [o:l:z~ n 0 .::l >571 ri ~ gz~ !?J R g:l'r: t.j ~ ~c::.:.d~ ,., oz.'" m o:<z, ~ x Ul. : .p. C;) ~ ~~~ ~ =1 o ~ 5'! ~:-ti b fIl,.., :JJ ?= tI1 .....; . :~ ~CI.l o "T) EXHIBIT B Seventh Day Adventist Church Annexation Az..05~024 Conceptual Site Plan r-' , -- .._-..... ........ -....-----.-. --. -~----':;---':.... -1 I I ; I , , I , r" 1'1- -:--. i I ," .. \ ~~~.~ i L.... . -=l:=~'1r r ~' :'":[ ~fl''iI...'':n~'In'a-.-1l I"',; J .I" J ~.., . n l' ::::~. : -:1" .. ,-- I ,] ,i ~r ,::ll~ . 'liM:'UJiil vi-/. r--L _2L J '~ "1' D+ij!" Q'~D!'~"-{J / ~ ~r,j'j! I .. .~JIJ - -., .,..~. 1 II 1:'1'.":1 ':1; ~,::_,'~'t" ~ oL;f III ~1 : ~' , ...-- .. I- " I . .. I I.~ .s ._.............. ._ .... ~ _.. ....... l \.' ._~.. -"= .f!m!!I'.I- r u..~;-... '":", gOl' ~Qn ;;~~ }tlZ ~~5! . ~~~ ~8> ~ ~ 0 !-. ~a~ 'i~~ . ~<:- t!i~ ~cn ~Z:I O;!~ X)IoC ~2;X r Ilt~:Ji '11; I 'Ii II'" t I" f ~I ~ :1.< ~ J! f'~f .:!, I . t , I~ i f1;!11 ill! / iu fm~ ~ ~., U j , z I ' )..... ~ I .': 12: :~I'l~ Ii I. !f:~ ~. l~ ., J J 1 I Ii ! ~ ..' .f'.... . I IJW~1 . ,J ~. .IIJ J I : ~ ,1" ',. Il . It( ( , .: 01 ~ tl ""l '~ .~ 'f I ftl,!,l I I i l~ i,1 z ~ ~ IJ ~ i i ~ i I t i j J I , IIII , :z ~ ! I ;', " . !'l~ ~ c - i~' ,il!!l~ ! l j i~ .Ii! ., j! i111ijllr:qillpl :l l~" :;';fOI f 1 Ir. II ;~H~lp ~ fp ~ . Jt .Il ! · ill ~-I' #<t-'. j'u7i-~:?';'':-'''''I;J;':-::]r _..~.~~.~ Ill;Vf.NTH ()^V"'OVr:Nrj:lTiiH1JH!jHl~f"'r ('1~.~ :.1"'~ {i~I:;~''f~ r. .... ~...a ~ FA 'Ii c~~crTlI"LCON$;l'r:'.IlJCII(J,,lJ 1-'1~~Jt>..~.J~~ 'r_1'~) '-.~/ .J..;-" '.':'.,"~, - ... _ .: ~.' ~ ~'"'~~.~..... l~~i1~~7 H .. "'~: .. :~_1._~- '::\~;~-::... . I ~ J:) 'I iI..."" <Ir...l {.It f ('.~. .J.~ SJUf I::U:~ fU. .:.lI1.i: ,,~..h..~ EXHffiIT C Seventh Day Adventist Church Annexation AZ-05-024 Annexation and Zoning Comments Recommended deletions are str.ikothroughs and additions are in bold and underlined. ANEXATION & ZONING FACTS AND COMMENTS 1. The subject property is within the Urban Services Planning Area. The legal description submitted with the application (stamped 4-26-05 by Gregory G. Carter) shows the property as contiguous to the existing cOl'porate boundary of the City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 2. Any future subdivision andlor development of this property shall comply with the City of Meridian ordinances in effect at the time. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney. Bill Nary, at 888~4433 to initiate this process. The DA shall incorporate the following: . That no alterations, expansions, reconstructions or other enlargements to the existing single-family structure will be permitted except tlrrough a Certificate of Zoning Compliance (CZC) and except where 1) the use of the structure changes to a use consistent .with this Development Agreement and 2) the structure meets all applicable development standards such as setbacks, frontage, height, etc. o That 110 building or other stmcture shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). o That all future uses shall not involve uses, activities, processes, materials, equipment 8ud 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. o That the following shall be the only allowed uses on this property: churches and associated activities. o That the applicant agrees to provide reasonable and fair means for the parcel to the west (parcel No. 81204449300) to acquire and improve, as a street, the 25-foot wide area contai1ung the existing ingress and egress easement. and further S2rees to sell to the parcel to the west an additional 25-feet south of the e:xistin$! 25-foot wide easement for a future street. The means for the acquisition of the ~50-foot wide area are attached as Exhibit B, which shall be included ill the development agreement. ~ That prior to issuance of a Certificate of Zoning Compliance (CZC) permit, the applicant agl.'ees to provide a vehicular cross-access eMernent to the property to the south, jf a driveway is constructed near the south property line. o That vehicular access to this site shan be restricted to those approved by ACHD and the City. I) That the applicant shall construct a 6-foot tall solid fence along the west property line. Said fence shall not be constructed of cedar. o That future building setbacks from the access easement shall be in compliance with the setback of the L-O zone for streets. EXHIBIT D Seventh Day Adventist Church Annexation AZ-Os..024 Zoning Amendment Findings ANNEXATION & ZONING ANALYSIS According to Ordinance 11-ISp 11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in tenns of the following standards and 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: A. Will tbe new zoning be barmonious with and in accordance with the Comprebensive Plan andt if not, has there been ad application for a Comprehensive Flan amendment; The 2002 Comprehensive Plan Future Land Use Map designates the subj eel: property as "Low Density Residential" _ However, the applicant has applied for office zoning on behalf of the Seventh Day Adventist Church. While the Comprehensive Plan Future Land Use Map does not explicitly support an office zoning of this property, City Council finds that there are Comprehensive Plan policies that support evaluating this site for a zone not specifically envisioned by the Map (see below). "The Meridian Comprehensive Plan is an official policy guide for decisions concerning the physical development of the community. It indicates, in a general way, how the community may develop in the next five to ten years.''' (Chapter I, Section B of the Comprehensive Plan) Furthermore, in Chapter VII" Section C, "Future Conditions" states the following; "Figure VTIft2 [The Comprehensive Land Use Map] depicts desired future land use categories and their location within tbe Impact Area. The areas depicted on tbe map are conceptual and~ therefore, will require further analysis prior to the creation of a zoning map.1> The property directly north of the subject site is designated "PubliclQuasiMPublic" on the Future Land Use Map. Chapter vn of the Comprehensive Plan defines Public, Quasi-Public and Open Space as areas designated to preserve and protect existing private, municipat state, and federal land for area residents and visitors. Theses areas include neighborhood, community; and urban parks:. Government facilities, public and private schools, health care facilities, churches, utilities, park and recreational areas, and cemeteries are also considered public/quasi-public type uses. NOTE: The City does not have a zoning designation that closely corresponds to the public/quasi-public designation shown on the Comprehensive Plan Future Land Use .Map. Therefore, several properties that are designated for public/quasi-public uses. are zoned L-O, including the LDS Church to the north. City Council recognizes that the land use designations on the Future Land Use Map are conceptual. Because the Comprehensive Plan is a "guide" when determining land uses and can be applied generally to areas" City Council believes that this is an instance to expand the public/quasi-public designation slightly south of where it is depicted on the Future Land Use Map. City Council finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (analysis is in italics below policy): q "Restrict curb cuts and access points on collectors and arterial streets." (Chapter vrr, Goal IV, Objective D, Action item 2) On the submitted conceptual plan, the applicant is proposing two access points to Black Cat Road. an arterial roadway. ACHD has approved two access points jor this property, but not as shown on the conceptual plan. See the A CHD staff report and Finding ''J1t for /uriher analysis. o "Require appropriate landscape and buffers along transportation corridors (setback, vegetatio~ low walls" benns, etc.)." (Chapter vn. Goal IV. Objective D, Action item 4) Black Cat Road is designated as an arterial street. By City Ordinance, a 25- foot wide landscape buffer is required adjacent to Black Cat Road (MCC 12- 13-10-4). Landscaping wi/I be required by the City with CZCISubdi:vision approval. Q ~'Require that development projects have planned for the provision of all public services" (Chapter Vll, Goal ill, Objective A. Action items 1 and 4) On June 17. 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. In that meeting no deficiencies afpublic services to serve this property were raised The applicant has also listed some Comprehensive Plan policies that support the annexation and proposed lIse of the property (see applicants letter dated Mqv 5, 2005). If the applicant enters into a development agreement to develop the property with a church and not professional offices, clinics or other commercial uses, City Council finds that fA) zoning of this property will he harmonious and in accordance with the Comprehensive Plan. B. Is the area im:luded in the zonmg amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application" the applicant has submitted a conceptual site plan. This site plans depicts a church and associated parking on this property. City Council does not anticipate that the applicant plans to rezone the subject property in the future if the subject annexationfzoning is approved, as the anticipated church use is principally permitted in the requested IrO zone. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for exampl~ a residential area turning into a eommercial area by means of ~onditional use penn Us; City Council finds that churches, as well as professional offices, laboratories, libraries and medical clini.cs are currently pennitted uses within the requested L-O zone. Further, there are several uses in the requested L-O zone that can occur with conditional use permit approval. There is no detailed development plan proposed for this property at this time. City Council is concerned that this area may turn into a commercial retail site, and is limiting the uses that can operate on the site to church type uses. D. Has there been a change in the area or adjacent areas which ma.y dictate tbat tbe area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being develDped in a fashion similar to the proposed rezone area; City Council finds that the recent annexation and zoning ofMiJ1iron Subdivision, and the construction of the LDS Church directly north of this site, dictates that the subject property be similarly zoned and developed. The streets adjacent to this site have not been widened recently, and Black Cat Road and Cherry Lane are not in the current ACfID Five-Year Work Program or CIP for roadway improvements. E. Will the proposed uses be designed, constructed,. operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vidnity and tbat sucb use will not change the essential character of tbe same area; The applicant will be I'equired to construct,. openne and maintain the future church building(s) in accordance with City Code. Although residential uses were envisioned for this area. when the 2002 Comprehensive Plan was adopted, City Council finds that an L-O zone also complies with the Comprehensive Plan (see Finding "A" above). City Council finds that the design of the submitted couceptuallayout for a church building could be harmonious with tbe adjacent properties if cross-access is provided to the parcels to the west (single-fiunily home) and north (IDS Church) and/or south (single-family home), and appropriate landS<':ape buffers are installed along the perimeter of tbe property. City Council further finds that the proposed office zone and church use will change the existing character of the 8fe3:, but that the proposed zone and future use should be harmonious and appropriate in appearance with the character of the overall area. City Council finds that any future uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. F. Will tbe proposed uf'eS not be bazardous or disturbiug to exiBting or future neighboring uses; The 2002 Comprehensive Plan Future Land Use Map designates 1he property to the north as public/quasi-public; the property to the east is medium density residential; and, the properties to the south and west are designated for low residential densities. City Council fmds that the zoning of this property to L-O for a future church should not be hazardous Of disturbing to existing or future neighboring uses if the applicant enters into a development agreement with the City.1 and all development and landscaping ordinances are exercised. G. Will tbe area be served adequately by essential public facilities and services such as highways, streetsf police and f1l"e protection, drainage stroctures~ refuse disposal, water, sewer or that the pe~n responsible for the establishment of proposed zoning amendment shaJI be able to pro'Vide adequately any of such services; Sanitary sewer is currently being constructed in Black Cat Road as part of the improvements for Milliron Subdivision to the west. Water mains are readily available in Black Cat Road. The applicant and/or future property owners will be required to pay any applicable park and highway impact fees as well as construct onwsne storm water drainage facilities. On June 17, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from. agencies/departments, City Council finds tbat the public services listed above can be made available to accommodate the proposed development. H. WiD not create excessive additional requirements at public cost for pubJie facilities and services and win not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extenSion of sewer, water, local street (driveway) infrastructure, utilities and irrigation services to serve the project. Other required site improvements will be funded and constructed by the developer through the CZC/Subdivision approval process. The primary public costs to serve the future uses will be fire and police facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. L Will tbe proposed. uses not involve uses, activities, processes, materials, equipment and conditions of operation tbat will be demmelltal.to any persons, property or the general welfare by ~on or excessive pJ'odudion of' traffic, noise, 8mok~ fumes, glare or odors; If the subject annex:ation and zoning application is approved, the applicant intends to construct a church building on this site. ACHD staff estimates that a church will generate approximately 400 additional vehicle trips per day. City Council finds that any future uses on this site will generate additional traffic on adjacent roadways above and beyond the existing residence. The level of impact developing tbis site will have on the public will depend upon the type ofuse(s) approved and the square footage of the building(s). City Council recognizes that traffic and noise will increase with the approval of this annexation application/development; however. due to churches historically having a low impact on the surrounding area. City Council does not believe that the amount traffic and noise generation will be detrimental to the general welfare of the public. Further, City Council does not anticipate the proposed annexation and subsequent church use will create excessive smoke. fumes, glare, or odors. City Council finds that the proposed L-O zoning and church use should not be detrimental to people, property or the general welfare of the area. MCC 11-164 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written conunitment for all future uses to more fully comply with this finding. Due to the close proximity of existing and future residential uses, City Council believes that a Development Agreement is necessaIy to ensure that this property is developed in a fashion that is consistent with the public/quasi-public designation of the Future Land Use Map and does not negatively impact nearby properties. J. Will the area have vehicu'btr approaches to the property wbkh shall be so designed as not to create an interference with traffic on surrounding public streets; On the submitted conceptual plan, the applicant has depicted two access points to Black Cat Road. The proposed driveways are located near the north and south property lines. The ACHD considet access points in their analysis of development applications. The ACHD has not approved the driveway locations as shown on the conceptual site plan. The ACHD has given the applicant two options for access: 1) construct one driveway at the south property line and provide cross- access to the properties to the south and west, and construct a second driveway in alignment with Milliron Drive, or 2) construct one driveway at the north property line and provide cross-access to the properties to the north (LDS Church) and west, and construct a second driveway in alignment with Milliron Drive. Because the property to the west does not have frontage on a public street; City Council believes that a cross-access easement between the subject property and the property to the west should be provided. If cross-access is provided to the west, then the property to the west can redevelop and ac~gS Black Cat Road. City Council believes that the proposed uses (and potential access) should not be hazardous to neighboring uses or traffic flows if they are constructed as required by ACHD. Further, City Council finds that the least amount of interference to traffic on the surrounding public streets will occur if cross~access between the subject property and the adjacent properties are provided. See the ACHD staff report for more analysis. K. Will not result in the destruction, loss or damage of a natural 01' scenic feature ofmajo.. importance; and City Council is unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. All existing trees larger than 4" caliper that are removed from the site, that the City Arborist deems necessary for mitigation, shall be mitigated for. L Is the proposed zoning amendment in tbe best interest ~f the City or Meridian. (Ord. 592, 11-17-1992)" The legal description submitted with the application, prepared by Idaho Survey Group, shows that the property is contiguous to the existing cOlporate boundary of the City of Meridian. The legal description meets the requirements of the City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. The subject property is within the Uwan Services Planning Area. The land directly nort~ and east of the subject property have previously been annexed into the City and this is a logical expansion of the City boundary. The applicant is proposing to develop the land in substantial compliance with the City's Comprehensive Plan. In accordance with tbe findings listed above, City Council finds that the :mnexation/zoning of this ptoperty would be in the best interest of the City. NOTE: City Council has included Development Agreement stipulations for annexation and zoning oftbis property. EXHIBIT E Seventh Day Adventist Church Annexation AZ-05-024 Ingress/Egress Easement Area Agreement GRH Ten Mile LLC, an Idaho limited liability company, and Halker Properties LLC, an Idaho limited liability company, (collectively, "Grantors") hereby agree that Grantors, and its successors and assigns shall sell fee title, for "fair market value'" (as detennined below), to the Northerly ~ 50 feet of the Property [either dermed term earlier in Development Agreement or insert description} (the "Easement Area") to the owners ("Benefited Owners") of the benefited property of the Easement Area, (such property depicted on the map attached hereto as Exhibit <<A P' and made a part hereof, and more particularly described on Schedule I attached hereto and made a part hereof), if so requested by the Benefited Owners or their successors or assi.gns, for the installation and construction of a public road and only upon the approval by the City of Meridian of an annexation and re-subdivision of the benefited property, or a portion thereof, consistent with the City of Meridian Comprehensive Plan in effect at the time of request or otherwise with specific notice to Grantor. A ~ortion of t::fhe Basement Area is subject to an existing easement for ingress and egress, as evi.denced by that certain Warranty Deed, recorded October 9, 1975, as Instrument No. 7530794; in the Official Records of Ada County, Idaho. In the event Grantors and the Benefited Owners fail to agree upon'the fair market value for the fee title to f~e Easement Area. said valuation shall be determined in the following manner: Grantor and the Benefited Owners shall each appoint an appraiser to determine the fair market value of the fee title to the Easement Area and improvements. If those two appraisers' detennination of fair market value are within five percent (5%) of each other, then the "fair market value" shall be the average thereof. If the two detenninations for fair market value are greater than five percent (5%) apart, then the parties shall jointly select and hire a third appraiser and thereafter the "fair market value" shall be the average of the two closest valuations whether such valuation be the determination of Grantor's appraiser or the Benefited Owners' appraiser or the third appraiser. Each party shall pay for the cost of their own appraisal and shall pay for one- half of the cost of the third appraiser. If the Benefited Owner's cannot agree to or otherwise do not accept the final determined fair market value" Grantor shall be released from its obligation to sell the Easement Area as set forth in this paragraph. The City of Meridian is not a party of interest to this transaction and will not be involved in any part of the determination of fair market value. If other vehicular a~cess to Black Cat Road ,and/or Chen'y Lane is acquired bv the Benefited Owners to the west. then the reauirement of the Grantors ~o sell the Easement Area shall be null and void. crT\' OF MERlDIAN PLANNfNG AND PUBLlC WORKS DEPARTMENTS STAFf REPORT STAFF REPORT: Hearing Date: September 20, 2005 Transmittal Date: September 15,2005 ~. l~i:L. . ~ 't ~k~lll d c:Jv{;;;;di~~':; · \: UlSIK' ~~ j. ~,'. .( .. ~I") "-'1," . ,~..t."~f'~<o,;..".:2."_"'~:~~"'. J~~ lIJ:, TO: Mayor & City Council FROM: Sonya Watters, Assistant City Planner $v Michael Cole, Development Services Coordinator Me.. SUBJECT: Bridgetower Crossing Subdivision No. ] 3 Request for a Final Plat Approval of Bridgetower Crossing Subdivision No, 13 Consisting of 55 Single-fmnily Residential Building Lots and 5 Common Lots on 20.81 Acres in an R-4 Zone by Prixneland Development, LLP (Fi/e# FP-05-058) We'have reviewed this submittal and offer the following conunents, as conditions ofthe applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Primeland Development, LLP, has applied for final plat approval of the thirteenth phase of Bridgetower Crossing Subdivision, This phase includes 55 singlewfamily residential building lots and 5 common lots on 20.81 acres. The gross density of this phase is 2.64 dwelling units per acre and the net density is 3.18 dwelling units per acre. This phase is located approximately % mile west ofN. Linder Road ana % mile north ofW. Us tick Road, in the E 7) of Section 35, TAN., Rl W. The subdivision is located in an R-4 zone and has been approved as a planned development. The minimum house size within the subdivision is IAOO square feet, excluding the garage. The Preliminary Plat was approved under the name of Bridgetower Crossing East Subdivision. The approved Planned Development (CUP) allowed for increased block lengths and a reduction in street frontage to 69 feet for single family residential lots in this subdivision. The cornmon area lots within the subdivision consist of landscape and pathway lots, and will be maintained by the Bridgetower Crossing Homeowners Association. The pressurized irrigation system within this development is to be owned and maintained by the Bridgetowel' Crossing and Verona Homeowners Associations. The final plat for tbis phase shows a total of nine building lots more than was approved with the preliminary plat and the lots were subsequently made smaller. Also, a drainage lot that was proposed in Block 42 was removed as drainage is now located in roadside swales. Staff bas no concerns because the proposed total number oflats is still consistent with the number oflats approved for the preliminary plat. (Previous phases of the preliminary plat removed building lots.) Therefore, staff finds that the proposed final plat substantially complies with the preliminary plat. Staff recommends approval of Bridgetower Crossing Subdivision No. 13 with the comments and conditions stated in this report. FP-05-058 Bridgetower Crossing Sub13 FP,doc PAGE 1 CrTY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT SITE SPECIFIC REQUIREMENTS L Applicant is to meet all terms of the approved Preliminary Plat (pP-02~014). CondiliOJlal Use Pennit (CUP~Ol-006) and Development Agreement (.Inst. No. 101117652). 2. Sanitary sewer service to this site is being proposed via sewel' mains installed in previous phases of this development. The applicant shall be responsible to COl"1Stmct sewer Olains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public W ol'ks Department. Applicant shall execute City of Meridian standard fauns of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub~ grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 3. Water service to this site is being proposed via existing mains installed in previous phases of this development. The applicant shall 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. Appli~nt shall execute City of Meridian standard fonns of easements, for any mains that are required to provide service. 4. Underground pressurized irrigation must be provided to all landscape areas on site. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Homeowner's Association. Since the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 5. Submit a copy of the executed encroaclunent agreement with Settler's Irrigation District, for all of the lots along the northern bOWldary of this phase in Block 33 than encroach within the 35-ft. wide Coleman Lateral easement indicating how the land underlying the easement may be used, prior to signature on the final plat by the City Engineer. If encroachment is not granted, the easement area will need to be removed from the building lots. 6. The portion of the Settlers Irrigation Coleman Lateral Easement that faUs into this phase and is graphically depicted on the plat may cause some to believe there is a graphically depicted S-foot wide easement that supersedes the standard 10-foot wide back property line easement. Either graphically depict the lO-foot wide Public Utilities, Drainage and Irrigation Easement or specifically name those lots, in a plat note, to be subject to the standard lO-foot wide Public Utilities, Drainage and Irrigation easement. 7. All fencing shall be in compliance withMCC 12-4-10. 8. Fencing along micropaths shall be consistent with existing micropath fencing approved in previous phases of Bridget ower Crossing Subdivision. 9. The Landscape Plan, prepared by Harvest Design and dated 8/22/05, is approved as submitted. 10. All 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 inclucling a lOO-year stann event. Side slopes within drainage areas must be less than 3:1 for accessibility and maintenance. Stoml drainage facilities must be in compliance with MCC 12-13- 14-2. Fp.OS-058 Bridgetower Crossing Sub13 FP.doc PAGE 2 CfTY OF MERIDfAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 11 . Submit "Final" letter from the Ada County Street Name Committee~ approving the subdivision and street names. Make any corrections necessary to conform. 12. Complete the Certificate of Owners and its accompanying Ac!mow Jedgement. 13. The Certificate of Owners appears to be missing the "bearings and distances" of a portion of the westem outer boundary of this proposed development. The applicant shall confiull tills information and make the necessary corrections. 14. Stafrs failure to cite specific ordinance provisions or tenus of the approved Preliminary Plat, Conditional Use Permit or Development Agreement does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. 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. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained" plans wilt be reviewed and approved by the meridian City Engineer prior to final plat signature, 2. Any existing domestic wells and/or septic systems within this project will have to be removed from 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. 3. 250 and lOO-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivide.rs expense. Typical locations are at street intersections andlor fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and pennit from the Public Works Department prior commencing installations. 4. Compaction test results lU\lst be submitted to the Meridian Building Depal'llllent for all lots receiving engineered backfill. 5. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street fmish centerline elevations are set a minimum of three feet above the highest established nonna! groundwater elevation. 6. Coordinate frre hydrant placement with the City ofMeridlan's Water Works Superintendent. 7. Provide five-foot-wide sidewalks in accordance with. City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. 8. Applicant shall be responsible for application and compliance witb any Section 404 Permitting that may be required by the Army COIps of Engineers. 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. Developer shall coordinate mailbox locations with the Meridian Post Office. FP.OS-OSS Bridgctower Crossing Sub13 FP.doc PAGE 3 ClTY OF MERIDIAN PLANNiNG AND PUBLIC WORKS DEPARTMENTS STAFF REPORT 11. ApplicaJ.lt shall be required to pay Public Works development plan. review, and construction inspection fees, as determined during the plan review process, prior to signature 011 the final plat per Resolution 02-374. 12. Please subnUt all updated groundwater/soils monitoring data to the Public Works Department for review. 13. Street signs are to be in place. water system shalt be approved and activated, feucing shall be installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building pennlts. 14. A letter of credit or cash surety in. the amount of 110% well be required tor all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the fmal plat. 15. All development improvements, including but not limited to sewer, fencing micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 16. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. STAFF RECO:MMENDATlON Staff recommends approval of the final plat for Bridgetower Crossing Subdivision No. 13 with the above stated comments & conditions. FP-05-058 Bridgetower Crossing Sub13 FP.doc PAGE 4 EXHIBIT E Seventh Day Adventist Church Annexation Az..05-024 IngresslEgress Easement Area Agreement GRH Ten Mile Ltc, an Idaho limited liability company. and Halker Properties LLC, an Idaho limited liability company, (collectively. ~'Grantors") hereby agree that Grantors, and its successors and assigns shall sell fee title, for "fair market value" (as determined below), to the Northerly ~ 50 feet of the Property [either dermed term earlier in Development Agreement or insert description} (the "Easement Area") to the owners ("Benefited Owners") of the benefited property of the Easement Area, (such property depicted on the map attached hereto as Exhibit "Al'" and made a part hereof, and more particularly described on Schedule I attached hereto and made a part hereot), if so requested by the Benefited Owners or their successors or assigns, for the installation and construction of a public road and only upon the approval by the City of Meridian of an annexation and re-subdivision of the benefited property, or a portion thereof, consistent with the City of Meridian Comprehensive Plan in effect at the time of request or otherwise with specific notice to Grantor. A portion of t'The Easement Area is subject to an existing easement for ingress and egress, as evidenced by that certain Warranty Deed, recorded October 9, 1975, as Instrument No. 7530794, in the Official Records of Ada County, Idaho. In the event Grantors and the Benefited Owners fail to agree upon the fair market value for the fee title to the Easement Area, said valuation shall be determined in the following manner: Grantor and the Benefited Owners shall each appoint an appraiser to determine the fair market value of the fee title to the Easetn.ent Area and improvements. If those two appraisers" detennination of fair market value are within five percent (5%) of each other, then the "fair market value" shall be the average thereof. If the two detenninations for fair market value are greater than five percent (5%) apart, then the parties shall jointly select and hire a third appraiser and thereafter the "fair market value" shall be the average of the two closest valuations whether such valuation be the determination of Grantor's appraiser or the Benefited Owners' appraiser or the third appraiser. Each party shall pay for the cost of their own appraisal and shan pay for one- half of the cost of the third appraiser. If the Benefited Owner's cannot agree to or otherwise do not accept the final determined fair market value, Grantor shall be released from its obligation to sell the Easement Area as set forth in this paragraph. The City of Meridian is not a party of interest to this transaction and will not be involved in any part of the detennination of fair market value. If other vehicular access to Black Cat Road and/or Cherry Lane is acquired bv the Benefited Owners to the west, then the requirement of the Grantors to sell the Easement Area shaD be null and void.