Z - DA ADA COUNTY RECORDER Trent Tripple 2023-019375
BOISE IDAHO Pgs=28 BONNIE OBERBILLIG 04/05/2023 08:06 AM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Falcon Properties LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 4th
day of April , 2023, by and between City of Meridian, a municipal corporation of the
State of Idaho,hereafter called CITY,whose address is 33 E.Broadway Avenue,Meridian,Idaho 83642,
and Falcon Properties LLC,whose address is PO Box 2255,Wenatchee,WA, 98801,hereinafter called
OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner 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", 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, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of annexation and zoning that the Owner 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
Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes
development agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer has submitted an application for annexation and
zoning of 2.53 acres of land with the C-C (Community Business) zoning district
on the property as shown in Exhibit "A" under the Unified Development Code,
which generally describes how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
before Planning and Zoning Commission and the Meridian City Council as to how
the Property will be developed and what improvements will be made; and
1.6 WHEREAS, the record of the proceedings for requested annexation and zoning
held before Planning and Zoning Commission and the City Council includes
responses of government subdivisions providing services within the City of
Meridian planning jurisdiction and includes further testimony and comment; and
1.7 WHEREAS, on the 7th day of March, 2023, the Meridian City Council approved
certain Findings of Fact and Conclusions of Law and Decision and Order
DEVELOPMENT AGREEMENT—FRANKLiN ANNEXATION(H-2022-0090) PAGE 1 OF 7
("Findings"), which have been incorporated into this Agreement and attached as
Exhibit`B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final plat;
and
1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to enter
into this Agreement and acknowledges that this Agreement was entered into
voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions of
this 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 zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution
No. 19-2179, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms,
and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
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 Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Falcon Properties LLC, whose
address is PO Box 2255, Wenatchee, WA 98801, hereinafter called
OWNER/DEVELOPER, the party that owns and is developing said Property and
shall include any subsequent owner(s)/developer(s) of the Property.
3.3 PROPERTY:means and refers to that certain parcel(s)of Property located in the
County of Ada, City of Meridian as in Exhibit "A" describing a parcel to bound
by this Development Agreement and attached hereto and by this reference
incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to
develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
the UDC.
DEvELop ENT AGREEMENT-FRANKLIN ANNExAnoN(H-2022-0090) PAGE 2 of 7
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. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Future development of this site shall be generally consistent with the
conceptual development plan included in Section VIILB and the
provisions contained herein.
b. A cross-access/ingress-egress easement shall be recorded granting access
to the property to the west (Parcel AS1117110550) across the subject
property for interconnectivity and access via E. Franklin Rd. A copy of
the recorded access easement shall be submitted to the Planning Division
prior to issuance of the first Certificate of Occupancy on the site.
C. The design of all future structures on the site shall comply with the design
standards in the City's Architectural Standards Manual.
d. The southern building shall not exceed 35 feet in height.
e. The southeastern trash enclosure shall be located away from the County
residences to a more central location on the site.
f. The applicant shall construct a 6-foot-tall vinyl fence along the entire
western boundary of the Royer property(Parcel#R3273160035).
6. COMPLIANCE PERIOD This Agreement must be fully executed within six(6)
months after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. In the event Owner/Developer, or 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 terminated by the City upon compliance with the requirements
of the Zoning Ordinance.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
agreement, Owner/Developer shall have thirty (30) days from receipt of written
notice from City to initiate commencement of action to correct the breach and
cure the default, which action must be prosecuted with diligence and completed
within one hundred eighty (180) days; provided, however, that in the case of any
such default that cannot with diligence be cured within such one hundred eighty
(180) day period, 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
DEvELop ENT AGREEMENT-FRANKLIN ANNEXATION(H-2022-0090) PAGE 3 of 7
and continuity.
7.3 Remedies.In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7.2, City shall, upon satisfaction of the notice
and hearing procedures set forth in Idaho Code section 67-6511A, have the right,
but not a duty, to de-annex all or a portion of the Property, reverse the zoning
designations described herein, and terminate City services to the de-annexed
Property,including water service and/or sewer service. Further, City shall have the
right to file an action at law or in equity to enforce the provisions of this
Agreement. Because the covenants, agreements, conditions, and obligations
contained herein are unique to the Property and integral to City's decision to annex
and/or re-zone the Property, City and Owner/Developer stipulate that specific
performance is an appropriate, but not exclusive, remedy in the event of default.
Owner/Developer reserves all rights to contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto
shall be governed by and construed in accordance with the laws of the State of
Idaho, including all matters of construction, validity, performance, and
enforcement. Any action brought by any party hereto shall be brought within Ada
County, Idaho.
7.5 Delay. hi the event the performance of any covenant to be performed hereunder
by either Owner/Developer or City is delayed for causes that 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.
7.6 Waiver.A waiver by City of any default by Owner/Developer of any one or more
of the covenants or conditions hereof shall apply solely to the default and defaults
waived and shall neither bar any other rights or remedies of City nor apply to any
subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement
or by City ordinance or policy, notify the City Engineer and request the City Engineer's
inspections and written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Agreement and all other ordinances of
the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,including
all of the Exhibits, 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.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
DEvELop ENT AGREEMENT-FRANKLIN ANNEXATION(H-2022-0090) PAGE 4 OF 7
11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable
letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer
agree to provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed, completed, and accepted
by the City, or sufficient surety of performance is provided by Owner/Developer to the
City in accordance with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all
ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. 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: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER: with copy to:
Falcon Properties LLC Land Management Services, Inc.
PO Box 2255 1021 E. Ste. Lucia Dr.
Wenatchee, WA 98801 Meridian, ID 83642
14.1 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.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other
relief as may be granted, to court costs and reasonable attorney's fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate contract
between the parties and shall survive any default, termination or forfeiture of this
Agreement.
16. 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.
17. 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, 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
DEvELop ENT AGREEMENT-FRANKLIN ANNExAnoN(H-2022-0090) PAGE 5 of 7
shall be both benefited and bound by the conditions and restrictions herein expressed.
City agrees,upon written request of Owner 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 Owner and/or Developer have fully performed their
obligations under this Agreement.
18. 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.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this
Agreement.
20. COOPERATION OF THE PARTIES: hi the event of any legal or equitable action or
other proceeding instituted by any third party(including a governmental entity or official)
challenging the validity of any provision in this Agreement,the parties agree to cooperate
in defending such action or proceeding.
21. 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.
21.1 No condition governing the uses and/or conditions governing annexation and
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.
[end of text; acknowledgements, signatures and Exhibits A and B follow]
DEvEi,op ENT AGREEMENT-FRANKLIN ANNEXATION(H-2022-0090) PAGE 6 of 7
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
Falcon Properties LLC
7l�CS�c/CY1T
By: CmACO JrH095;rM4FA/7 LORP671ZA770N,
tfs MAN4aCX
STATE OF / Od )
ss:
County of 64& e )
On this/q day of f�11 r� 2023, before me, the undersigned, a Notary Public in and for said State,
personally appeared '7'lj pMgs DTr , known or identified to me to be the y ✓ of
Falcon Properties LLC and the person who signed above and acknowledged to me that he executed t e same.
IN WITNESS WjQEOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above�% t�J
Xzz
x 4A OtAgy'r •� = Notary Public
_ 01.0 r My Commission Expires: 0/-V •X0 J-7
s �• Pusuc
Ict
yeti 4�••....
CITY OF MERI tO ATTEST:
By:
Mayor Robert E. Simison 4-4-2023 Chris Johnson, City Clerk 4-4-2023
STATE OF IDAHO )
ss
County of Ada )
On this 4th day of April ,2023,before me,a Notary Public,personally appeared Robert E.Simison
and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who
executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such
City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SEAL) Notary Public for Idaho
My Commission Expires: 3-28-2028
DEVELOPMEW AGREEMENT-FRANKLIN ANNEXA"rION(H-2022-0090) PAGE 7 OI-7
EXHIBIT A
LEGAL DESCRIPTION
%= THE
Page 1 OF 1
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LAND
�� GROUP
November 12,2022
Project No.:121152
EXHIBIT"A"
2975 E.FRANKLIN ROAD
ANNEXATION-REZONE DESCRIPTION
A parcel of land located in the Northeast Quarter of Section 17,Township 3 North,Range 1 East,Boise
Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows:
Commencing at the Northeast Corner of Section 17 of said Township 3 North,Range 1 East,(from which
point the North Quarter Corner of said Section 17 bears North 89`W33"West,2570.99 feet distant);
Thence from said Northeast Corner,North 89"54'33"West,a distance of 677.51 feet on the north line of
said Section 17 to the POINT OF BEGINNING;
Thence South 00`05'27"West,a distance of 40.00 feet to a point on the southerly right of way
line of East Franklin Road;
Thence South 68°41'13"East,a distance of 85.95 feet to a point common with the westerly
boundary line of that parcel shown on Record of Survey No.3979 of Ada County Records;
Thence South 38°51'31"East,a distance of 70.59 feet on said westerly boundary line to the
north most corner of Lot 6,Block 1 of Greenhill Estates No.3,as same is shown on the Plat
thereof recorded in Book 43 of Plats at Page 3487 of Ada County Records;
Thence on the northerly boundary line of said Greenhill Estates No.3 for the following courses
and distances:
Thence South 48°08'56"West,a distance of 75.70 feet;
Thence South 00°06'01"West,a distance of 246.20 feet;
Thence North 89"53'58"West,a distance of 260.00 feet;
Thence North 87'41'30"West,a distance of 0.79 feet to the southeast corner of that parcel
described in Warranty Deed Instrument No.799015 of Ada County Records;
Thence North 00'03'06"East,a distance of 382.73 feet on the east boundary line of said
Warranty Deed parcel to a point on the southerly right of way line of East Franklin Road;
Thence North 00'02'02"East,a distance of 40.00 feet to a point on the north line of said
Section 17;
Thence South 89°54'33"East,a distance of 192.95 feet on the north line of said Section 17
to the POINT OF BEGINNING.
The above described parcel contains 2.53 acres more or less.
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462 East Shore DnVe,Suite 100,Eagle, Idaho 83616 208 939.4041 thelandgroupmo.com
NORTH QUARTER CORNER NORTH EAST CORNER
SECTION 17 SECTION 17
T.3N.,RAE. T.3N.,RAE.
CP8F INSTR.NO.1D4161984 E FRANKLIN ROAD CP&F INSTR.NO.2020-052068
(BASIS OF BEARING)
41;
N89"54'33'1N2570-99' ` 5�8 5.9
.17 1700.53' �nPOB
54'33"E 192.95' 6".51' �J/C S.17S.16
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2975 E FRANKLIN ROAD
AREA:±2.53 ACRES
(110,022 SO.FT.)
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Exhibit wsw 'wA 0 80' 160'
Horizontal Scale:1°= 80' Prgecl No.:121152
a Dale of Issuame:11/1112022
THE 2975 E Franklin Road r
LAND Annexation Description o
f =GROUP City of Meridian r
EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW M� ENty
AND DECISION& ORDER
In the Matter of the Request for Annexation of 2.53 Acres of Land with a C-C (Community
Business)Zoning District for Franklin Annexation,by The Land Group.
Case No(s). H-2022-0090
For the City Council Hearing Date of: February 21, 2023 (Findings on March 7, 2023)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of February 21, 2023, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of February 21, 2023, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of February 21,
2023,incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of February 21, 2023, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17, 2019, Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
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
Community Development Department,the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of February 21, 2023, incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR FRANKLIN ANNEXATION AZ H-2022-0090 - 1 -
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for annexation and zoning is hereby approved with the requirement of a
Development Agreement per the provisions in the Staff Report for the hearing date of February
21, 2023, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement.Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a),an affected person aggrieved by this final decision may, within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code.This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of February 21,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR FRANKLIN ANNEXATION AZ H-2022-0090 -2-
By action of the City Council at its regular meeting held on the 7th day of March
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED
AYE
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert Si ison 3-7-2023
Attest:
� SF,AL
Chris Joh on 30 ` 23
City Clerk
Copy served upon Applicant,Community Development Department, Public Works Department and City
Attorney.
By: Noj"�0-.qDated: 3-7-2023
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR FRANKLIN ANNEXATION AZ H-2022-0090 -3-
STAFF REPORT
E IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING February 21,2023 Legend
DATE: ID Project Location
TO: Mayor&City Council 1
FROM: Sonya Allen,Associate Planner 19 _
�- -
208-884-5533
SUBJECT: Franklin Annexation hil .
H-2022-0090
®�
LOCATION: 2975 E. Franklin Rd.,in the NE 1/4 of
Section 17,T.3N.,R.IE. (Parcel
9S1117110201)
L PROJECT DESCRIPTION
Annexation of 2.53-acres of land with a C-C (Community Business)zoning district.
IL SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 2.35-acres(2.53-acres annexation boundary)
Future Land Use Designation Commercial
Existing Land Use Single-family residential
Proposed Land Use(s) Commercial(no specific uses are proposed)
Current Zoning R2 in Ada County
Proposed Zoning C-C(Community Business)
Lots(9 and type;bldg/common) NA
Phasing plan(9 of phases) 2
Number of Residential Units(type 0
of units)
Physical Features(waterways, The Snyder Lateral crosses the northeast comer of the site.
hazards,flood plain,hillside)
History CPA-09-005(Macha Retail Plaza)
B. Community Metrics
Description Details
Ada County Highway District
0 Staff report(yes/no) Yes
• Requires ACHD No
Commission Action
es/no
• Existing Conditions
• CIP/IFYWP
Access(Arterial/Collectors/State Access is proposed via E.Franklin Rd.,an entryway corridor and arterial
H /Local)(Existin and Proposed) street,at the western boundary of the site.
Proposed Road Improvements None
Fire Service No comments received.
Police Service No comments received.
West Ada School District No comments received.
Distance(elem,ms,hs)
Capacity of Schools
#of Students Enrolled
Wastewater
• Distance to Sewer Services I Connect sewer to existing main in Franklin Rd
• Sewer Shed
• Estimated Project Sewer Additional 125 gpd committed to model.
ERU's
• WRRF Declining Balance YAW decline balance is 14.57 MGD.
• Project Consistent with WW Yes
Master Plan/Facility Plan
• Impacts/Concerns See Public Works' Site-Specific Conditions in Section IX
Water
• Distance to Services Connect water to existing main in Franklin Rd
• Impacts/Concerns See Public Works' Site-Specific Conditions in Section IX
II 1
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B. Owner:
Rudy Lindbloom,Falcon Properties—PO Box 2255,Wenatchee,WA 98801
C. Representative:
Same as Applicant
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper O1/04/2023 2/3/2023
Radius notification mailed to
property owners within 500 feet 12/30/2022 1/30/2023
Public hearing notice sign posted
1/7/2023 2/11/2023
on site
Nextdoor posting 12/30/2022 1/30/2023
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE: This property is designated as Commercial on the Future Land Use Map (FLUM)contained in
the Comprehensive Plan.
The Commercial designation provides a full range of commercial uses to serve area residents and visitors.
Desired uses may include retail,restaurants,personal and professional services,and office uses,as well as
appropriate public and quasi-public uses.Multi-family residential may be allowed in some cases,but should
be careful to promote a high quality of life through thoughtful site design,connectivity,and amenities.
Sample zoning include: C-N,C-C,and C-G.
The subject property is proposed to develop with two(2)commercial structures,which should be consistent
with the Commercial FLUM designation. Future uses will be allowed as listed in UDC Table 11-2B-2,
Allowed Uses in the Commercial Districts.
Goals, Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable
to this application and apply to the proposed use of this property(staff analysis in italics):
• "Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval,and in accord with any adopted levels of service for
public facilities and services." (3.03.03F)
City water and sewer service is available and can be extended by the developer with development in
accord with UDC 11-3A-21.
• "Require all new development to create a site design compatible with surrounding uses through
buffering, screening,transitional densities,and other best site design practices." (3.07.01A)
A 25 foot wide buffer is required for screening adjacent to the existing residential uses to the east
and south, landscaped in accord with the standards listed in UDC 11-3B-9C, with development of
the site.
• "Reduce the number of existing access points onto arterial streets by using methods such as cross-
access agreements,access management,and frontage/backage roads,and promoting local and
collector street connectivity." (6.01.02B)
There are two (2)existing access driveways via E. Franklin Rd., an arterial street,for this site. One
driveway is proposed to replace the two (2)existing driveways and a cross-access easement and
driveway is proposed to the adjacent commercial property to the west for interconnectivity.
• "Require urban infrastructure be provided for all new developments, including curb and gutter,
sidewalks,water and sewer utilities." (3.03.03G)
Curb,gutter and an attached sidewalk exists along the frontage of the site adjacent to E.Franklin
Rd. Water and sewer utilities will be extended to this site with development.
• "Minimize noise,lighting,and odor disturbances from commercial developments to residential
dwellings by enforcing City Code." (5.01.01F)
Lighting on the site should comply with the standards listed in UDC 11-3A-11 so as not to disturb
adjacent residential uses.
• "Require appropriate landscaping,buffers,and noise mitigation with new development along
transportation corridors(setback,vegetation,low walls,berms,etc.)." (3.07.01C)
A 35 foot wide street buffer will be required with development along E. Franklin Rd., an entryway
corridor and arterial street, landscaped per the standards listed in UDC 11-3B-7C.
• "Eliminate existing private treatment and septic systems on properties annexed into the City and
instead connect users to the City wastewater system; discourage the prolonged use of private
treatment septic systems for enclave properties."
If annexed, use of the existing septic system shall cease and future structures will be required to
connect to City sewer service.
VI. STAFF ANALYSIS
A. ANNEXATION(AZ)
The Applicant proposes to annex 2.53-acres of land with a C-C (Community Business)zoning district.
A legal description and exhibit map for the annexation area is included in Section VIILA. This property
is within the City's Area of City Impact boundary and contiguous to City annexed property and thus is
eligible for annexation.
There is an existing house and associated structures on this site that are proposed to be removed with
development. There are two(2)existing driveways via Franklin Rd.
A conceptual development plan was submitted as shown in Section VIILB that demonstrates how the
property is anticipated to develop with a 3,360+/-square foot(s.f.)building pad that includes a drive-
through and a 12,600+/-s.f. building pad with associated parking. Specific uses and tenants are unknown
at this time although a restaurant(or coffee shop)is anticipated on the building pad nearest Franklin Rd.
and possibly an office on the rear portion of the property. Future uses will be allowed as listed in UDC
Table 11-2B-2,Allowed Uses in the Commercial Districts,for the C-C zoning district. Professional
services(i.e. office)and restaurants(i.e. coffee shop)are listed as principal permitted uses in the C-C
zoning district. A drive-through establishment is required to comply with the specific use standards listed
in UDC 11-4-3-11,which require approval of a conditional use permit because the use is within 300-feet
of a residential use and district. Future development is subject to the dimensional standards listed in
UDC Table 11-2B-3 for the C-C zoning district.
Franklin Road is fully improved with 5-travel lanes,vertical curb,gutter and sidewalk adjacent to this
site;therefore,no additional right-of-way dedication or road improvements are required with
development of this property per the ACHD report in Section IX.E.
An access driveway is proposed along the west boundary of the site via E.Franklin Rd.,an arterial street
and entryway corridor,in alignment with N. Olson Ave. on the north side of Franklin Rd.;the existing
access driveways are proposed to be closed.A cross-access easement(Inst. 92017-103145)exists to this
property from the property to the west(Parcel#S 1117110550); a reciprocal cross-access easement
should be granted to the property to the west(Parcel#S 1117110550) for interconnectivity and access via
Franklin Road to reduce access points on the arterial street. A copy of the recorded cross-
access/ingress-egress easement should be submitted to the Planning Division prior to issuance of
the first Certificate of Occupancy on the site. Staff does not recommend a shared access driveway is
provided to the property to the east because of the right-turn lane on Franklin Rd. that exists in front of
the property to the east.
Restaurants are subject to the specific use standards listed in UDC 11-4-3-49,which requires a minimum
of one (1)parking space to be provided for every 250 s.f of gross floor area. Professional services and
other non-residential uses require a minimum of one (1)off-street parking space to be provided for every
500 s.f of gross floor area. Based on the total area of the building footprints depicted on the conceptual
development plan (i.e. 15,960+/-square feet),a minimum of 64 off-street parking spaces are required to
be provided on the site at the most restrictive parking standard(i.e. one space per 250 square feet); a total
of 126 spaces are proposed. The concept plan states a total of 59 parking spaces are planned to be
dedicated to the existing office use to the east through a cross-parking agreement,which leaves a total of
67 spaces for this site for future uses,exceeding UDC standards.
With development of the site,a 35-foot wide street buffer will be required along E.Franklin Rd.,an
arterial street and entryway corridor,landscaped per the standards listed in UDC 11-3B-7C; parking lot
landscaping will be required per the standards listed in UDC 11-3B-8C; a 25-foot wide buffer to
adjoining residential uses will be required,landscaped per the standards listed in UDC 11-3B-9C, and
sidewalk is required to be installed along Franklin Rd. in the areas where the existing driveways are
located in accord with UDC 11-3A-17.
Conceptual building elevation photo examples were submitted,included in Section VIILC,that
demonstrate what future buildings constructed on the site may look like. Final design is required to
comply with the design standards in the City's Architectural Standards Manual.
The City may require a development agreement(DA)in conjunction with an annexation pursuant to
Idaho Code section 67-6511A. If this property is annexed, Staff recommends a DA is required with
the provisions discussed herein and included in Section IX.A.
VIL DECISION
A. Staff:
Staff recommends approval of the proposed annexation with the requirement of a Development
Agreement per the provisions in Section IX in accord with the Findings in Section X.
B. The Meridian Planning&Zoning Commission heard this item on January 19,2023. At the public
hearing,the Commission moved to recommend approval of the subject AZ request.
1. Suimnary of Commission public hearing
a. In favor: Tamara Thompson,The Land Group(Applicant's Representative)
b. In opposition:None
C. Commenting: Kent Brown,Amanda Taylor,and Brenda&Eric Royer
d. Written testimony: Tamara Thompson,The Land Group (in agreement with staff report)
e. Staff presenting application: Bill Parsons
f Other Staff commenting on the application:None
2. Ke, ids)of public testimony
a. Noise associated with trash pick-up and the relocation of the trash enclosure from the
southeast corner of the site.
IL Fencing and landscaping adjacent to the existing County residences.
3. Ke, ids)of discussion by Commission:
a. Continue to work with the County residents on landscaping, fencing,and relocation of
the trash enclosure to a more appropriate location.
4. Commission change(s)to Staff recommendation:
a. Commission added a DA provision restricting the height of the southern buildin to o 35
feet.
b. Commission added a DA provision requiring the southeastern trash enclosure to be
moved away from the County residences to a more central location on the site.
5. Outstanding issue(s) for City Council: None
C. The Meridian City Council heard this item on 2/21/2023. At the public hearing. the Council
moved to approve the subject AZ request.
1. Summary of the City Council public hearing:
a. In favor: Tamara Thompson_ The Land Group(Applicant's Representative)
b. In opposition: None
C. Commenting: Eric Rover
d. Written testimony:None
C. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a. Fencing and landscaping on the eastern boundary_ specifically the Rover property
3. key issue(s)of discussion by City Council:
a. Solid fencing along the eastern boundary-
b. Removal of the landscaping and parking in the area where cross access with the Jump
Time property is to occur.
4. City Council change(s)to Commission recommendation:
a. Council added a new development agreement provision requiring a 6-foot tall vinyl
fence to be constructed along the western boundary of the Rover property
(R3273160035).
VIIL EXHIBITS
A. Annexation Legal Description and Exhibit Map
LEGAL DESCRIPTION
%= THE
Page 1 OF 1
LAND
GROUP
November 12,2022
Project No.:121152
EXHIBIT"A"
2975 E.FRANKLIN ROAD
ANNEXATION-REZONE DESCRIPTION
A parcel of land located in the Northeast Quarter of Section 17,Township 3 North,Range 1 East,Boise
Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows:
Commencing at the Northeast Corner of Section 17 of said Township 3 North,Range 1 East,(from which
point the North Quarter Corner of said Section 17 bears North 89`W33"West,2570.99 feet distant);
Thence from said Northeast Corner,North 89"54'33"West,a distance of 677.51 feet on the north line of
said Section 17 to the POINT OF BEGINNING;
Thence South 00`05'27"West,a distance of 40.00 feet to a point on the southerly right of way
line of East Franklin Road;
Thence South 68°41'13"East,a distance of 85.95 feet to a point common with the westerly
boundary line of that parcel shown on Record of Survey No.3979 of Ada County Records;
Thence South 38°51'31"East,a distance of 70.59 feet on said westerly boundary line to the
north most corner of Lot 6,Block 1 of Greenhill Estates No.3,as same is shown on the Plat
thereof recorded in Book 43 of Plats at Page 3487 of Ada County Records;
Thence on the northerly boundary line of said Greenhill Estates No.3 for the following courses
and distances:
Thence South 48°08'56"West,a distance of 75.70 feet;
Thence South 00°06'01"West,a distance of 246.20 feet;
Thence North 89"53'58"West,a distance of 260.00 feet;
Thence North 87'41'30"West,a distance of 0.79 feet to the southeast corner of that parcel
described in Warranty Deed Instrument No.799015 of Ada County Records;
Thence North 00'03'06"East,a distance of 382.73 feet on the east boundary line of said
Warranty Deed parcel to a point on the southerly right of way line of East Franklin Road;
Thence North 00'02'02"East,a distance of 40.00 feet to a point on the north line of said
Section 17;
Thence South 89°54'33"East,a distance of 192.95 feet on the north line of said Section 17
to the POINT OF BEGINNING.
The above described parcel contains 2.53 acres more or less.
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IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. A Development Agreement(DA)is required as a provision of annexation of this property.Prior to
approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the
property owner(s)at the time of annexation ordinance adoption,and the developer.
Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA shall,
at minimum,incorporate the following provisions IF City Council determines annexation is in the
best interest of the City:
a. Future development of this site shall be generally consistent with the conceptual development
plan included in Section VIII.B and the provisions contained herein.
b. A cross-access/ingress-egress easement shall be recorded granting access to the property to the
west(Parcel#S 1117110550)across the subject property for interconnectivity and access via E.
Franklin Rd. A copy of the recorded access easement shall be submitted to the Planning
Division prior to issuance of the first Certificate of Occupancy on the site.
c. The design of all future structures on the site shall comply with the design standards in the City's
Architectural Standards Manual.
d. The southern building shall not exceed 35 feet in height.
e. The southeastern trash enclosure shall be located away_ from the County residences to a more
central location on the site.
f. The applicant shall construct a 6-foot tall vinyl fence along the entire western boundary of the
Rover property(Parcel#R32731600351.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 Ensure no sewer services cross infiltration trenches.
1.2 Two buildings cannot run off the same sewer service line.
1.3 Cleanout must be replaced with manhole when transitioning from sewer main to service line.
1.4 Ensure manhole is not in curb or gutter.
1.5 Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls, fences,
infiltration trenches,light poles,etc.)are built within the utility easement.
1.6 Provide 10' separation between fire hydrant and sewer main.
1.7 Fire hydrant is required at end of the water main dead end. If it works with fire requirements you
can move the proposed hydrant at the front of the site. If not add an additional hydrant.
1.8 Existing well to be used for irrigation must not have any cross connection with potable water.
1.9 Water main, fire hydrant,and water service require a 20 easement. Extend easement 10 beyond
the end of the main, fire hydrant,and water meter.
1.10 A streetlight will be required along Franklin Rd.
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department,and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right
of way(include all water services and hydrants). The easement widths shall be 20-feet wide for
a single utility,or 30-feet wide for two. Submit an executed easement(on the form available
from Public Works),a legal description prepared by an Idaho Licensed Professional Land
Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"
map with bearings and distances(marked EXHIBIT B) for review.Both exhibits must be sealed,
signed and dated by a Professional Land Surveyor. DO NOT RECORD.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(UDC 11-3B-6). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available,a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.5 Any structures that are allowed to remain shall be subject to evaluation and possible
reassignment of street addressing to be in compliance with MCC.
2.6 All irrigation ditches,canals,laterals,or drains,exclusive of natural waterways,intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per
UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207
and any other applicable law or regulation.
2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well
Construction Standards Rules administered by the Idaho Department of Water Resources. The
Developer's Engineer shall provide a statement addressing whether there are any existing wells
in the development,and if so,how they will continue to be used,or provide record of their
abandonment.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures
and inspections(208)375-5211.
2.9 All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures.
2.10 Applicant shall be required to pay Public Works development plan review,and construction
inspection fees,as determined during the plan review process,prior to the issuance of a plan
approval letter.
2.11 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.
2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.13 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.14 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill,where footing would sit atop fill material.
2.15 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed
in accordance with the approved design plans. This certification will be required before a
certificate of occupancy is issued for any structures within the project.
2.17 At the completion of the project,the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.18 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy
of the standards can be found at http://www.meridiancity.oMIgublic works.aspxTid 272.
2.19 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash
deposit or bond. Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.20 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20%of the total construction cost for all completed sewer,water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash
deposit or bond. Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
C. IDAHO TRANSPORTATION DEPARTMENT(ITD)
https://weblink.meridiancity.oLgLKebLink/Doc View.aspxTid 285103&dbid 0&repo Meridian City
D. DEPARTMENT OF ENVIRONMENTAL QUALITY
https://weblink.meridiancioy orgi ebLink/DocView.aspxTid 285758&dbid 0&repo MeridianQU
E. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancity.oLg/WebLinkIDocView.aspxTid 285924&dbid O&repo MeridianCity
F. ADA COUNTY DEVELOPMENT SERVICES(ACDS)
https://weblink.meridiancioy oEgi ebLinkIDocView.aspxTid 285789&dbid O&repo MeridianCiU
G. NAMPA-MERIDIAN IRRIGATION DISTRICT(NMID)
hyps://weblink.meridiancity.org/WebLink/DocView.aspxTid 286290&dbid 0&repo MeridianCiU
X. FINDINGS
Annexation and/or Rezone(UDC 11-511-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall,at the public hearing,review the application. In order to grant an annexation
and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds the Applicant's request to annex the subject property with a C-Czoning district
and develop the site with commercial uses is consistent with the Commercial FL UM designation for
this property.
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds the proposed map amendment to C-C and development generally complies
with the purpose statement of the commercial districts in that it will provide for the retail and
service needs of the community in accordance with the Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health,safety, and
welfare;
The City Council finds the proposed map amendment should not be detrimental to the public health,
safety and welfare as the proposed commerial uses should be compatible with adjacent single-family
residential and commercial/office uses in the area.
4. The map amendment shall not result in an adverse impact upon the delivery of services by any
political subdivision providing public services within the city including,but not limited to,
school districts; and
The City Council finds City services are available to be provided to this development. Because
commercial uses are proposed, there shouldn't be any adverse impact on the school district.
5. The annexation(as applicable)is in the best interest of city.
The City Council finds the proposed annexation is in the best interest of the city.