Whitewater Subdivision fka Redfish Subdivision AZ 05-021
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 10/19/06 02:31 PM
DEPUTY Vicki Allen
RECORDED-REQUEST OF
City of Meridian
AMOUNT
.00
31
III 1111111111 111111111111111111111111
106165912
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Ben Miller, Owner/Developer
THI~EVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this "9 day of ~~ , 2006, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called "CITY', and Ben Miller,
hereinafter called "OWNERlDEVELOPER".
1.
RECITALS:
1.1 WHEREAS, "OWNER" is the sole owner, in law and/or equity, of
certain tract ofland in the County of Ada, State ofIdaho, described in
Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
1.2 WHEREAS, I.C. ~ 67 -6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner" make a written commitment concerning the use or
development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Owner" 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, (Municipal Code of
the City of Meridian); and
1.5 WHEREAS, "Owner" made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before
the Meridian City Council, as to how the subject "Property" will be
developed and what improvements will be made; and
DEVELOPMENT AGREEMENT (AZ 05-021 WlllTEW A TER SUBDIVISION formerly known as
REDFISH SUBDIVISION)
PAGE 1 OF 10
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 12th day of July, 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 tills
reference incorporated herein as if set forth in full, hereinafter
referred to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Owner/Developer" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 "OWNER" deems it to be in its best interest to be able to enter into
this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and requests; and
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 development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for zoning designation from
government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6,2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ 05-021 WHITEW ATER SUBDMSION formerly known as
REDFISH SUBDIVISION)
PAGE 2 OF 10
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 "OWNER": means and refers to Ben Miller, whose address is 4120
N. Linder Road, Meridian, Idaho 83642, the party 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
described in Exhibit A describing the parcels to be annexed and
zoned L-O (Limited Office) attached hereto and by this reference
incorporated herein as if set forth at length.
4.
USES PERMITTED BY TIDS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (G) which are herein specified as follows:
Construction and development of either a conditional use permit or
a planned development application shall be submitted to the City of
Meridian prior to afuture development in the 1.-0 zone, and the
pertinent provisions of the City of Meridian Comprehensive Plan
are applicable to this AZ 05-021 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has
submitted to "City" an application for conditional use permit site plan dated April 8, 2005,
DEVEWPMENT AGREEMENT (AZ 05-021 WIDTEW ATER SUBDIVISION fonnerly known as
REDFISH SUBDIVISION)
PAGE 3 OF 10
and shall be required to obtain the "City'" approval thereof, in accordance to the City's
Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition
of, the commencement of construction of any buildings or improvements on the "Property"
that require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1. "Owner/Developer" shall develop the "Property" in accordance with the
following special conditions:
1. Uses within the subdivision will be limited to professional and
medical office use only.
7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owner" or "Owners" heirs, successors, assigns, to comply with
Section 6 entitled "Conditions Governing 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 ~ 67-6509, or any
subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/Developer" consents upon default to the reversal of the zoning
designation of the "Property" subject to and conditioned upon the following conditions
precedent to-wit:
8.1 That the "City" provide written notice of any failure to comply with
this Agreement to "Owner" and if the "Owner" fails to cure such
failure within six (6) months of such notice.
9. INSPECTION: "Owner/Developer" shall, immediately upon completion of
any portion or the entirety of said development of the "Property" as required by this
agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
DEVELOPMENT AGREEMENT (AZ 05-021 WHITEW ATER SUBDIVISION formerly known as
REDFISH SUBDIVISION)
PAGE 4 OF 10
10.
DEFAULT:
10.1 In the event "Owner/Developer", "Owner/Developer's" heirs,
successors, assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in this
Agreement in connection with the "Property", this Agreement may be
modified or terminated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
10.2 A waiver by "City" of any default by "Owner" of anyone or more of
the covenants or conditions hereof shall apply solely to the breach and
breaches waived and shall not bar any other rights or remedies of
"City" or apply to any subsequent breach of any such or other
covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading of
the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the
City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the "Property" contemplated
hereby, the "City" shall execute and record an appropriate instrument of release of this
Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owner", or by any successor or successors in title or by the
assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or
in equity to secure the specific perfonnance of the covenants, agreements, conditions, and
obligations contained herein.
13.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner" shall have thirty (30) days after delivery of
notice of said breach to correct the same prior to the non-breaching
party's seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot with
DEVELOPMENT AGREEMENT (AZ 05-021 WHITEW ATER SUBDIVISION formerly known as
REDFISH SUBDIVISION)
PAGE 5 OF 10
diligence be cured within such thirty (30) day period, if the defaulting
party shall commence to cure the same within such thirty (30) day
period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
13.2 In the event the performance of any covenant to be performed
hereunder by either "Owner" or "City" is delayed for causes which
are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code ~ 12- 5- 3, to insure that installation of the improvements,
which the "Owner" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner" have entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide by
all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if
the owner or his assigns, heirs, or successors shall not meet the conditions contained in the
Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances
of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
DEVELOPMENT AGREEMENT (AZ 05-021 WIDTEW ATER SUBDIVISION formerly known as
REDFISH SUBDIVISION)
PAGE 6 OF 10
CITY:
OWNERlDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Ben Miller
4120 N. Linder Road
Meridian, ill 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ill 83642
17.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Owner" of the "Property", each subsequent owner and
any other person acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. "City"
DEVELOPMENT AGREEMENT (AZ 05-021 WHITEW ATER SUBDIVISION formerly known as
REDFISH SUBDIVISION)
PAGE 7 OF 10
agrees, upon written request of "Owner", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion, had determined
that "Owner" has fully performed its obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner" and "City"
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between "Owner" and "City", other
than as are stated herein. Except as herein otherwise provided, no subsequent alteration,
amendment, change or addition to this Agreement shall be binding upon the parties hereto
unless reduced to writing and signed by them or their successors in interest or their assigns,
and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions governingre-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 pubJjc
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" and execution of
the Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELOPMENT AGREEMENT (A 05-021 WHITEW ATER SUBDIVISION formerly known as
REDFISH SUBDIVISION)
PAGE 8 OF 10
CITY OF MERIDIAN
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DEVELOPMENT AGREEMENT (AZ 05-021 WlllTEW ATER SUBDIVISION formerly known as
REDFISH SUBDIVISION)
PAGE 9 OF 10
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STATE OF IDAHO, )
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County of Ada, )
On this d.~{ day of bJol::uL. 2006, before me, the undersigned, a Notary
Public in and for said State, personally appeared Ben Miller, known or identified to me to
be the person who 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.
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STATE OF IDAHO )
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On this \ 0 ~ day of (,)~6e.Y ,2006, 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.
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Commission expires: 10-1 \ -II
DEVELOPMENT AGREEMENT (AZ 05-021 WHITEW ATER SUBDIVISION formerly known as
REDFISH SUBDIVISION)
PAGE 10 OF 10
EXHmIT A
Redfish Subdivision
AZ-OS-021, PP-OS.021
Legal Description
MILLER PROPERTY ANNEXATION
A parcel of land located in the southwest quarter of the northwest quarter of
Section 36, Township 4 North, Range 1 West. Boise Meridian, Ada County,
Meridian, Idaho and described as follows:
Beginning at a brass cap monument marking the southwest corner of said
northwest Quarter of Section 36 and the centerline of N_ Linder Road from which
a brass cap monument marking the northwest corner of said northwest quarter of
Section 36 bears N OQD15'17" E a distance of 2634.71 feet; thence leaving said
centerline along the South line of said northwest quarter S 89009'05" E a
distance of 273,36 feet to a 5/8 inch rebar from which the center one-quarter
comer of said Section 36 bears S 89"09'05" E a distance of 2398.46 feet; thence
leaving said South line along the boundary line of Baldwin Park Subdivision NO.1
as recorded in book 65. page 9516 of plats, Ada County, Idaho N 00'15'17" E a
distance of 43664 feet to a 5/8 inch rebar; thence N 86036'03" W a distance of
225 69 to a 5/8 inch rebar; thence leaVIng said boundary line of Baldwin Park
Subdivision NO.1 and continuing N 86'36'03" W a distance of 48.07 feet to the
West line of said southwest quarter and the centerline of said N. Linder Road:
thence along said West line S 00"15'17" W a distance of 448.82 feet to the
POINT OF BEGINNING
Said parcel contains 121.018 sq. ft or 2.78 acres more or less and is subject to
any easements andlor rights-of-ways on record or implied.
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter of a request for Annexation and Zoning of 2.78 Acres from RUT (Ada
County) to L~O (Limited Office) and Preliminary Plat Approval of Five (5) building lots
and Two (2) other lots on 2.521 acres in a proposed L-O Zone for Redfish Subdivision, by
Ben Miller.
Case No. AZ-0S-021, PP~05-021
For the City Council Hearing Date of: July 12, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code ~67-
6509.
The matters were duly considered by the City Council at the July 12, 2005, public
hearing. The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
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
recommendation for approval to City Council.
d. The City COWlcil 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 ~~ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. AZ-05-021, PP.05-021 - PAGE 1 of4
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner of record at the time of issuance of these findings is
Ben Miller.
4. Required Findings per Zoning and Subdivision Ordinances
a. See Exhibit D for the findings required for each application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
~ 11-17-9.
4. Due consideration has been given to the comment(s) received 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 Preliminary Plat
dated 3/13/05 as shown in Exhibit B, and the Conditions of Approval 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated 3/13/05 is hereby conditionally approved;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. AZ-05-021, PP-05-021 - PAGE 2 of4
2. The site specific and standard conditions of approval are as shown in Exhibit C.
D. Notice of Applicable Time Limits (as applicable)
1. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval ofthe final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing. body ofthe City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the approval may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Preliminary Plat (3/13/05, with conditions)
Exhibit C: Conditions of Approval
Exhibit D: Annexation and Zoning and Preliminary Plat Required Findings
By action of the City Council at its regular meeting held on the
J~ ,2005.
I Z-f1-- day of
COUNCIL MEMBER SHAUN WARDLE
VOTED-P
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
CITY OF MERIDIAN FINDINGS Of fACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. AZ.05-021, PP-05-021 . PAGE 3 of4
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
COUNCIL MEMBER KEITH BIRD
VOTED
m~
MAYORTAMMYdeWEERD
(TIE BREAKER)
VOTED
Attest:
and City Attorney.
:~~
~YCh;rk'S Office
Dated: 1"13-os
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. AZ-OS-021, PP-OS-021 - PAGE 4 of4
EXfflBIT A
Redfish Subdivision
AZ-OS-021, PP-05-021
Legal Description
MILLER PROPERTY ANNEXATION
A parcel of land located in the southwest quarter of the northwest quarter of
Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County,
Meridian, Idaho and described as follows:
Beginning at a brass cap monument marking the southwest corner of said
northwest quarter of Section 36 and the centerline of N. Linder Road from which
a brass cap monument marking the northwest corner of said northwest quarter of
Section 36 bears N 00'15'17" E a distance of 2634.71 feet; thence leaving said
centerline along the South line of said northwest quarter S 89Q09'OS" E a
distance of 273,36 feet to a 5/B inch rebar from which the center one-quarter
comer of said Section 36 bears S 89'09'05" E a distance of 2398,46 feet; thence
leaving said South hne along the boundary line of Baldwin Park Subdivision NO.1
as recorded in book 85, page 9516 of plats, Ada County, Idaho N OO~15'17" E a
distance of 43664 feet to a 5/8 inch rebar; thence N 86036'03" W a distance of
225 69 to a 5/8 inch rebar; thence leaving said boundary line of Baldwin Park
SubdivIsion No, 1 and continuing N 86036'03" W a distance of 48_07 feet to the
West line of said southwest quarter and the centerline of said N Linder Road:
thence along said West line S 00015'17" W a distance of 448,82 feet to the
POINT OF BEGINNING
Said parcel contains 121,018 sq ft, or 2,78 acres more or less and is subject to
any easements and/or rights-af-ways on record or implied,
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Legal Description for
REDFISH SUBDIVISION
Exterior Boundary
A parcel ofland being a portion of the SWlI-t of the NW1I4 of Section 36, Township 4
North, Range i West, Boise Meridian, City of Meridian, Ada Courtty, IdahQ and more
particularly described as follows:
Commencing at a brass cap marking the NW Comer of said Section 36, thence along the
West line of said Section 36, also being the centerline orN. Linder Road, 500015'1 T'W a
distance of 2634.71 feet (formerly 2634.81 feet) Lo a brass cap marking the SW Corner of
the NW 1/4 of said Section 36, thence leaving said West line and along the South line of
the NW1I4 of said Section 36, S891109'05"E a distance of25.00 feet to a 5/8 inch rehar on
the East right-oF-way line of said N. Linder Road being the POINT OF BEGlNNNG;
Tnence leaving said South line and along said East right.of-way line NOoo15'lTE a
distance of 447,71 feet to a 5/8 inch rebar;
Thence leaving said East right.of-W8Y line and along the South line of Lots 1, 6 and 7
Block 4 of BALD WIN PARK SUBDIVISION NO. J as shown on the official Plat,
recorded in Book 85 of Plats at pages 9516 and 9517 records of Ada County, Idaho,
886036'03" E a distance of 248.72 feet to a 5/8 inch rebar marking an angle point in the
South line of said Lot 7 aLso being the NW Corner of Lot 9 of said Block 4;
Thence leaving said South line and along the West line of lots 9 through 12 and 15 of
said Block 4 SOoolS'17"W a distance of 436.64 feet (Conneely a distance of 436_73 feet)
to a 5/8 inch rehar marking the SW Comer of said Lot 15 also being on the South line of
said NW1I4;
Thence leaving the West line of said Block 4 and along the South line of said NW1I4
N89D09'OS"W a distance of 248.36 feet to the POINT OF BEGINNING;
Said parcel contains approximately 109,812 square feet or 2.52 acres, more or less and is
subject La all existing easements and rights..of-ways of record or implied_
EXHIBIT B
Redfish Subdivision
AZ-05-021, PP-05-021
Approved Preliminary Plat
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EXHffiIT C
Redfish Subdivision
AZ-05-021, PP-05-021
Conditions of Approval
(With deletions and additions in strikeout/underline)
ANEXATION & ZONING COMMENTS
1. The annexation legal description submitted with the application (dated 1-6-05,
stamped by Stephen R. Lee, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
2. Any future subdivision, uses and construction on 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 structures will be permitted except through a Certificate
of Zoning Compliance (C2C) 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
. That no building or other structure 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).
. 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.
. That the following shall be the only allowed uses on this property:
professional and sales offices, personal or professional services, clinics
(medical, dental and optical), and health care or social services, or a davcare
center with a Conditional Use Permit.
. That the hours of operation shall be limited to 7 a.m. to 7 p.m. 6 a.m. to 10
p.m., unless otherwise modified tlrrough a Conditional Use Pennit.
. That any new structure(s) shall be generally compatible in appearance and
bulk with the surrounding residential properties, as determined by the
Planning Director, unless otherwise modified through a Conditional Use
Permit.
SITE SPECIFIC CONDITIONS- PRELIMINARY PLAT
1. Per ACHD requirements, the applicant shall dedicate 23 feet (23') of additional right
of way and construct a minimum 5' sidewalk along Linder Road, located a minimum
of41 feet (41') from the centerline of the right of way, which ties into the existing
sidewalks on the north and south.
2. The applicant shall be required to eliminate Lots I and 7, and provide the required 25-
foot landscape buffer along N. Linder Road in an easement to benefit the Business
Owner's Association.
3. The applicant shall provide an additional six (6) trees within the land use buffer along
the east property line and an additional three (3) trees within the land use buffer along
the north property line to fulfill this requirement. The applicant has also shown the
area within the land use buffers on the east and north as drainage swales for retention
of on-site storm water. The applicant shall coordinate the design of these swales and
placement of trees within the swales with the City of Meridian Public Works
Department.
4. Submit 10 copies of a revised site plan and landscape plan in conformance with this
report and the direction of the Planning & Zoning Commission at least 10 days prior
to the next hearing on this application.
5. City sewer and water services are currently available to this site from existing mains
in Linder Road. The applicant shall be responsible to construct sewer and water
mains to and through this proposed development. Subdivision designer to coordinate
main sizing and routing with the Public Works Department. Applicant shall execute
City of Meridian standard forms 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.
6. Underground pressurized irrigation shall be provided to all buildable lots, and
landscape areas on site. The applicant has indicated that Settlers Irrigation District
will own and maintain this system. The City of Meridian requires that pressurized
irrigation systems be supplied by a year-round source of water. If a creek or well
source is not available, a siogle.point connection to the municipal water system shall
be required. If a single.point connection is used, the developer shall be responsible
for the payment of assessments for the common areas prior to signature on the fInal
plat by the Meridian City Engineer.
7. If permanent fencing is oot provided, temporary construction fencing to contain
debris must be installed around the perimeter adjacent to the vacant lands prior to
issuance of a building pennit.
8. Other than the one driveway specifically approved by ACHD, no other access to
Linder Road is allowed and shall be noted on the final plat.
9. With the submittal of the [mal plat application, the applicant shall submit a copy of
the Ada County Street Name Committee's final approval letter for the subdivision
name, and lot and block numbering. Make any other corrections necessary to
conform.
10. Revise the preliminary plat to indicate the means and location of the storm drainage
facilities. A drainag~ plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-
street parking areas. Storm water treatment and disposal shall be designed in
accordance with Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties and City of
Meridian standards and policies. Off-site disposal into a surface water is prohibited
unless the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The applicant is responsible for
filing all necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
11. The preliminary plat shows a proposed sewer main routing through a common lot.
No large landscaping shall be allowed in the sewer easement.
12. All existing structures shall be removed prior to the City Engineer's signature on final
plat.
13. The applicant shall revise the preliminary plat to show the standard City of Meridian
20-foot utility easement for the proposed sewer and water mains.
14. Any domestic wells and/or septic systems appurtenant with the two existing houses
within this project shall be removed from 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.
15. The applicant shall establish a Business Owner's Association for the maintenance of
the common lots.
STANDARD CONDITIONS- PRELIMINARY PLAT
L All grading of the site shall be performed in conformance with MCC 11-12-3H.
2. A detailed landscape plan, in compliance with the landscape and subdivision
ordinance and as noted in this report, shall be submitted for the subdivision with the
final plat application.
3. Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Anny COIpS of Engineers.
4. Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Enviromnental Protection Agency.
S. All development features shall comply with the Americans with Disabilities Act and
the Fair Housing Act.
6. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
7. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be
required at locations designated by the Public Works Department. All streetlights
shall be installed at subdivider's expense. Typical locations are at street intersections
and/or fire hydrants. Final design locations and quantity are determined after power
designs are completed by Idaho Power Company. The street light contractor shall
obtain design and pennit from the Public Works Departmeqt prior commencing
installations.
8. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees that
were removed. Required landscaping trees will not be considered as replacement trees
for those trees that have to be mitigated.
9. Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three feet
above the highest established normal groundwater elevation.
10. The applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
11. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash
surety in the amount of 110% will be required for all fencing, landscaping,
pressurized irrigation, sanitary sewer, water, etc. that has not been completed.
12. All development improvements, including sewer, fencing, micro-paths, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
13. Street signs are to be in place, water system shall be approved and activated, fencing
installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for
building pennits.
14. All sidewalks shall be constructed in accordance with MCC 12~5-2_K. Prior to
signature of the final plat(s), all sidewalks shall be constructed or a financial
guarantee that said improvements will be completed shall be provided (MCC 12-5-3).
15. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils
scientist, to the Public Works Department for review. Any drainage areas
(detention/retention basins) must be designed to ensure that water will percolate or
discharge with a period of time not to exceed 24~hours for all storms up to and
including a IOO-year storm events. Side slopes within drainage areas shall not exceed
3: 1. Any portion of a drainage area not improved with sodl grass seed (or other
approved landscaping) shall not count towards the required open space area. The
project engineer should pay close attention to the results of field studies determining
the groundwater, soil type & and characteristics during the design and construction
phases.
16. 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 shall be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. If lateral users
association approval can't be obtained, alternative plans shall be reviewed and
approved by the meridian City Engineer prior to final plat signature.
17. The Applicant shall coordinate mailbox locations with the Meridian Post Office.
18. Compaction test results must be submitted to the Meridian Building Department for
all building pads receiving engineered backfill, where footing would sit atop fill
material.
19. Staff's failure to cite specific ordinance prOVlslons or terms of the approved
annexation/conditional use does not relieve the Applicant of responsibility for
compliance.
20. Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12~2~4.
Other Al!encvlDeDartment Comments & Conditions
SANITARY SERVICES COMPANY (SSe)
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal
and submit stamped (approved) plans with your Certificate of Zoning Compliance
application.
MERIDIAN PARKS DEPARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
MERIDIAN FIRE DEPARTMENT
1. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria testing.
2. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFe
Section 509.5.
3. All entrance and internal roads shall have a twning radius of 28' inside and 48'
outside radius.
4. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked
in accordance with Appendix D Section 0103.6 Signs.
5. Fire lanes and streets shall have a vertical clearance of 13'6". TIris includes mature
landscaping.
6. Operational fire hydrants, temporary or pennanent street signs and access roads with an
all weather surface are required before combustible construction is brought on site.
7. Conunercial and office occupancies will require a fireMflow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be placed
per Appendix D.
8. The 5 office/commercial lots lot will have an unknown transient population and will
have an unknown impact on Meridian Fire Department call volumes. The Meridian
Fire Department has experienced 2397 responses in the year 2003. According to a report
completed by Fire & Emergency Services Consulting Group our requests for service are
projected to reach 2800 in the year 2005 and 3800 by the year 2010.
9. The proposed project lies outside the five-minute response zone goal. Achievement
of this goal is subject to budgetary constraints and is intended to enhance the
probability of a favorable outcome on a request for Basic Life Support. The budget
constraints are typically defined as capital outlay for facilities that are located within
1.5 miles from a given location and sufficient operational funds to staff the facilities.
10. Maintain a separation of 5' from the building to the dumpster enclosure.
11. Provide a Knoxbox entry system for the complex prior to occupancy.
12. The applicant shall work with city staff to provide an address identification plan
including a pylon/monument sign at the required intersection( s).
13. All aspects of the building systems (including exiting systems), processes & storage
practices shall be required to comply with the International Fire Code.
14. Provide exterior egress lighting as required by the International Building & Fire Codes.
15. Where a portion of the facility or building hereafter constructed or moved into or within
the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access
road, as measured by an approved route around the exterior of the facility or building,
on-site fire hydrants and mains shall be provided where required by the code official.
For buildings equipped throughout with an approved automatic sprinkler system
installed in accordance with Section 903.3 .1.1 or 903.3 .1.2 the distance requirement
shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
16. There shall be a fire hydrant within 100' of all fire department connections.
EXHIBIT D
Redfish Subdivision
AZ-05-021, PP-05-021
Required Findings
ANNEXATION & ZONING ANALYSIS
Because the analysis below applies both to the proposed use and the proposed zoning, staff has
combined the analysis of use with the annexation and zoning findings.
According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning
Amendments, both the Planning & Zoning Commission and Council are required "to review the
particular facts and circumstances of each proposed zoning amendment in terms of the following
standards and shall find adequate evidence answering the following questions about the proposed
zoning amendment."
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
The subject property is currently designated 'Medium Density Residential' on the
2002 Comprehensive Plan Future Land Use Map. The City recently approved
Resolution No. 04-0454, which amended Chapter VII, Section 1, of the
Comprehensive Plan to include the following language: "At the discretion of City
Council, areas with a Residential Comprehensive Plan designation may request
office uses if the property has frontage on an arterial street or a section line road
and is 3 acres in size or less in size." fu this instance, no ancillary commercial
uses shall be permitted." Staff finds that the subject property has frontage on an
arterial street Linder Road and is less than 3 acres in size (2.52 acres). According
to Resolution No. 04-0454, the subject parcel is eligible for an office use/zone, if
the Commission and Council fwd the zoning is appropriate for this site. Please see
the following facts and circumstances and the Special Considerations below for
further analysis of the proposed zoning designation.
The following Goals, Objectives, and Action items contained w the 2002
Comprehensive Plan are applicable to this application:
· Require that development projects have planned for the provision of all public
services (Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact. it planned to provide City
services to the subject properties. The City of Meridian plans to provide
municipal services to the lands proposed to be annexed in the following
manner:
· Sanitary sewer and water service will be extended to the project at
the developer's expense.
· The subject lands currently lie within the jurisdiction of the
Meridian Rural Fire District. Once annexed the lands will be
under the jurisdiction qf the Meridian City Fire Department, who
currently shares resource and personnel with the Meridian Rural
Fire Department. Fire and Emergency Medical Services will be
provided by Meridian City Fire Station #3. The subject lands lie
within 1.5 miles of the recently opened Meridian City Fire Station
#3 and lie within the Meridian Fire Department's five-minute
response zone.
· The subject lands currently lie within the jurisdiction of the Ada
County Sheriff's Office. Once annexed the lands will be serviced
by the Meridian Police Department (MPD).
· The roadways adjacent to the subject lands are currently owned
and maintained by the Ada County Highway District (ACHD). This
service will not change.
· The subject lands are currently serviced by the Meridian School
District #2. This service will not change.
· The subject lands are currently serviced by the Meridian Library
District. This service will not change and the Meridian Library
District should suffer no revenue loss as a result of the subject
annexation.
Municipal, fee-supported, services will be provided by the Meridian Building
Department, the Meridian Public Works Department. the Meridian Water
Department, the Meridian Wastewater Department. the Meridian Planning
and Zoning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
· "Plan for a variety of commercial and retail opportunities within the
Impact Area." (Chapter VII, Goal I, Objective B)
The proposed zone, which allows office uses, does contribute to the variety of
uses in this area.
· Provide for non-exclusive residential zoning that allows for low-impact
neighborhood commercial areas to develop in residential districts. Develop
standards to regulate neighborhood commercial uses to minimize the impact
on the integrity of the residential district (Chapter VII, Goal N, Objective C,
Action 7).
The proposed development will be restricted to professional and medical
offices uses through a Development Agreement and the recent Comprehensive
Plan text amendment. The office uses will have a low-impact on the
surrounding properties and will not compromise the integrity of the
surrounding residential district. The project will take vehicular access from
N Linder Road, an arterial, and will not disrupt the nature or character of the
neighborhood.
· Require screening and landscape buffers on all development requests that are
more intense than adjacent residential properties (Chapter VII, Goal IV,
Objective C, Action 2).
The applicant will be required to provide land use buffers between the existing
single-family residences and the proposed office uses, per Meridian City
Code.
City Council finds that the proposed L-O zoning designation is harmonious with
and in accordance with the Comprehensive Plan and the recent Comprehensive
Plan text amendment.
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
City Council does not anticipate that the applicant plans to rezone the subject
property in the future if the accompanying PP application is approved.
C. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of conditional use
permits;
City Council finds that the proposed professional/medical office development is
allowed within the requested L-O zone. The uses of the property will be
restricted through a Development Agreement to those uses that are allowed by the
Comprehensive Plan text amendment.
D. Has there been a change in the area or adjacent areas that may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a Cashion similar to the proposed rezone area;
There have been no recent street improvements in the area. N. Linder Road is not
currently scheduled within ACHD's Five Year Work Program or Capital
Improvements Plan (CIP) for roadway widening. Other urban services, such as
water, are near to this site and the applicant should be able to extend such services
to the site.
E. Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
The existing character of the area will, and is, currently changing. City Council
finds that the proposed L-O zoning and subsequent office use proposed with the
concurrent preliminary plat is harmonious and appropriate to the intended
character of the general vicinity. The applicant shall be required to execute a
Development Agreement with the City of Meridian to restrict hours of operation,
uses allowed, and the height of the structures. If this development is approved as
proposed and restrictions are placed on the property through a Development
Agreement, City Council finds that it will not significantly change existing
character of the area as noted on the Future Land Use Map in the Comprehensive
Plan.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
City Council finds that the use of this site for professional office/clinic purposes
should not be hazardous or disturbing to existing or future neighboring uses if the
applicant enters into a development agreement with the City and if the
development complies with all development and landscaping ordinances.
G. Will the area be served adequately by essential public facilities and services
such as highways, streets, police and tlre protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
Other urban services, such as water and sewer, are near this site and the applicant
should be able to extend such services to the site. The applicant shall be
responsible for the extension of utilities to and through this proposed
development. Sizing and routing shall be coordinated with the Public Works
Department.
On May 13, 2005, a joint agency/department comments meeting was held with
representatives of key service providers to this property. The detailed comments
and conditions from the Fire Department, Police Department, and other
agencies/departments are at the end of this report.
This project approved at staff level by ACHD on May 3, 2005. City staff has
reviewed the report prepared by ACHD and agrees with the recommendations it
contains.
Based on the comments received from other agencies/departments, City Council
finds that the public services listed above can be made available to accommodate
the proposed development.
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
The developer will be fmancing the extension of sewer, water, utilities and
irrigation services to serve the project. The primary public costs to serve the
future residents will be fire, police, school facilities and services. City Council
fmds there will not be excessive additional requirements at public cost. City
Council does not anticipate that the annexation and zoning will be detrimental to
the community's economic welfare.
I. Will the proposed uses not involve uses, activities, processes, materials,
equipment and condidons of operadon 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;
City Council recognizes that traffic and noise will increase with the approval of a
development on this site; however, staff does not believe that the amount
generated will be detrimental to the general welfare of the public. Traffic
congestion is an ongoing issue for north Meridian, the resolution of which is
beyond the scope of this project. ACHD staff finds that the additional traffic
created by the project should not be excessive. City Council does not anticipate
that annexation and development in accordance with current city code and the
Comprehensive Plan will create excessive noise, smoke, fumes, glare, or odors.
J. Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
The applicant is proposing to construct one entrance into the site from N. Linder
Road. If vehicular approaches are approved and constructed in accordance with
ACHD policy, City Council finds that the subdivision will not create interference
with traffic on the surrounding public streets.
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
City Council is not aware of any natural or scenic features that may be lost,
damaged or destroyed with the approval of the subject applications. Any existing
trees larger than 4" caliper that are removed should be mitigated for, per the
Landscape Ordinance.
L. Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
In. accordance with the findings listed above, City Council finds that the
annexation/zoning of this property, as proposed by the applicant, is in the best
interest of the City.
PRELIMINARY PLAT ANALYSIS
Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the
acceptance of a proposed subdivision, the Commission/Council shall consider the objectives
of this title and at least the following:
A. The conformance of the subdivision with the Comprehensive Development
Plan;
See Annexation and Zoning Analysis "A" above.
B. The availability of public services to accommodate the proposed
development;
City Council finds that public services are or will be available to accommodate
the proposed development. See Annexation and Zoning Analysis "G" above.
C. The continuity of the proposed development with the capital improvement
program;
Because the developer is installing sewer, water, and utilities for the development
at their cost, staff finds that a development on this property will not require the
expenditure of capital improvement funds.
D. The public financial capability of supporting services for the proposed
development;
The development will not require major expenditures for providing supporting
services. (See finding "G" under Annexation and Zoning Analysis above, and the
Agency Comments and Conditions at the end of this report for more detail.)
E. The other health, safety or environmental problems that may be brought to
the Commission's attention.
City Council finds that there should not be any health, safety or enviromnental
problems associated with this subdivision that should be brought to the Councilor
Commission's attention; no hazardous natural features have been identified on the
site. ACHD considers road safety issues in their analysis.