Ashtyn Park Sub DA AZ 06-034
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 02115/07 01:38 PM
~~~~~~E~:a~~~::f OF 1111111111111111111111111111111111111
Meridian City 107022433
AMOUNT .00
34
DEVELOPMENT AGREEMENT
PARTIES: I.
2.
City of Meridian
David N. Price, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered
into this :J3r-d day of ,Ji()lJ{\ ~ ' 2007, by and between City of Meridian, a municipal
corporation of the State of Idaho, ereafter called "CITY", David N. Price, whose address is
2291 W. Greenview Court, Eagle, Idaho 83616, hereinafter called OWNER/DEVELOPER.
1.
RECITALS:
1.1 WHEREAS, Owner/Developer 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. 9 67-651 lA, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the
Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment
of the Meridian Unified Development Code, 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 ofthe Property's described in Exhibit A, and has
requested a designation of (L-O) Limited Office District, (Municipal
Code of the City of Meridian); and
1.5 _ WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission and
before the Meridian City Council, as to how the subject Property will be
developed and what improvements will be made; and
1.6 WHEREAS, record ofthe proceedings for the requested annexation and
zoning designation of the subject Property held before the Planning &
DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBDIVISION
PAGE 1 OF 11
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 26th day of September, 2006, has
approved certain Findings of Fact and Conclusions of Law and Decision
and Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter referred to
as (the Findings); and
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 OWNERlDEVELOPER deems it to be in their best interest to be able to
enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at their 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.
NOW, THEREFORE, in consideration ofthe 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 ofthis Agreement the following words, terms,
and phrases herein contained in this section shall be defined and interpreted as herein provided
for, unless the clear context ofthe presentation ofthe same requires otherwise:
DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBDIVISION
PAGE 2 OF 11
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 ofIdaho, organized and existing by virtue oflaw
of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian,
Idaho 83642.
3.2 OWNERlDEVELOPER: means and refers to David N. Price, whose
address is 2291 N. Greenview Court, Eagle, Idaho 83616, the party
developing said Property and shall include any subsequent developer(s)
or owner(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
District) attached hereto and by this reference incorporated herein as if set
forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under City's Unified Development Code codified as Meridian City Code
Section 11-2B-1.
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:
1. That development of this property shall generally conform to the
Concept Plan prepared by The Land Group, Inc., dated 6-13-06,
labeled Sheet L1.0., as determined by the Planning Director or
otherwise approved through a Conditional Use Permit.
2. That no alterations, expansions, reconstructions or other
enlargements to the existing single-family structures will be
permitted except through a Certificate of Zoning Compliance (CZC)
and except where 1) the use of the structure changes to a use
DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBDIVISION
PAGE 3 OF 11
consistent with this Development Agreement and 2) the structure
shall meet all applicable development standards such as setbacks,
frontage, height, etc. of the L-O zone.
3. 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).
4. That all parking areas, drive aisles, landscaping, sidewalks, lighting,
signage, building height and building setbacks for this development
shall comply with the applicable provisions set forth in the Unified
Development Code.
5. 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.
6. That the following shall be the only allowed uses on this property:
principally permitted uses within the L-O zone.
7. That the hours of operation shall be limited to 6 a.m. to 10 p.m.
8. That up to six office-type buildings may be constructed on this site.
That said buildings shall have a maximum size of 5,000 square feet
each, and be limited to a single-story. Each building shall provide:
variations in roof lines with at least a portion of the roof having a
minimum 6/12 pitch, awnings over some of the windows an the
building entrance, columns, at least 25% of the front and street-facing
fa9ade to contain windows, and at least two different types of siding
and accent materials. That all new structures will be generally
compatible in appearance and bulk with the provisions listed above
and the pictures submitted with the annexation application, as
determined by the Planning Director or otherwise approved through a
Conditional Use Permit.
DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBDIVISION
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9. That a 25-foot wide landscape street buffer will be constructed
adjacent to Meridian Road, and Ustick Road, located entirely outside
of the right-of-way; that said landscape buffers shall be installed prior
to occupancy of the first office building on this site.
10. That a 20-foot wide land use buffer, constructed in accordance with
the UDC, will be installed along the south and west property lines;
that said land use buffers shall be installed prior to occupancy ofthe
first office building on this site.
11. That vehicular access to this site shall be restricted to one driveway to
Meridian Road, as approved by ACHD and the City as referred to in
the Staff Report and the Concept Site Plan; no vehicular access to
U stick Road is approved, except for the driveway across the church
property to the west, no direct vehicular access to Ustick Road is
approved to/from this site
12. That prior to issuance of a Certificate of Zoning Compliance (CZC)
permit for any future use, the applicant agrees to provide staff with a
recorded copy of a cross-access, ingress/egress easement to the
church parcel to the west to use the drive aisles as access to Meridian
Road.
13. That the applicant shall be required to install any and all sewer mains,
water mains and/or fire hydrants that are deemed necessary during
construction plan review. This may include water connections in both
U stick and Meridian Road.
14. That the applicant shall provide easements for all required sewer and
water mains that are not located in the right-of-way.
15. That the applicant shall be required to install a pressurized irrigation
system for this development. The system shall utilize surface water
for its primary source.
16. Applicant shall be required to pay Public Works development plan
review, and construction inspection fees, as determined during the
plan review process.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the
commitments contained herein shall be terminated, and the zoning designation reversed, upon a
DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBDIVISION
PAGE 5 OF 11
default of the Owner/Developer or Owner/Developer's heirs, successors, assigns, to comply with
Section 5 entitled "Conditions Governing Development of Subject Property" ofthis agreement
within two years of the date this Agreement is effective, and after the City has complied with the
notice and hearing procedures as outlined in Idaho Code S 67-6509, or any subsequent
amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNATION:
Owner/Developer consents upon default to the reversal ofthe zoning designation
of the Property subject to and conditioned upon the following conditions precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Owner/Developer and if the Owner/Developer fails to cure
such failure within six (6) months of such notice.
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 Development Agreement and all other ordinances of the City that
apply to said Development.
9.
DEFAULT:
9.1 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 modified or terminated by the City
upon compliance with the requirements of the Zoning Ordinance.
9.2 A waiver by City of any default by Owner/Developer of anyone or more
of the covenants or conditions hereof shall apply solely to the breach and
breaches waived and shall not bar any other rights or remedies of City or
apply to any subsequent breach of any such or other covenants and
conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the
DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBDIVISION
PAGE 6 OF 11
third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property
by the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by
the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or
in equity to secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
12.1 In the event ofa material breach of this Agreement, the parties agree that
City and Owner/Developer shall have thirty (30) days after delivery of
notice of said breach to correct the same prior to the non-breaching
party's seeking of any remedy provided for herein; provided, however,
that in the case of any such default which cannot with diligence be cured
within such thirty (30) day period, if the defaulting party shall commence
to cure the same within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity, then the time
allowed to cure such failure may be extended for such period as may be
necessary to complete the curing of the same with diligence and
continuity.
12.2 In the event the performance of any covenant to be performed hereunder
by either Owner/Developer or City is delayed for causes which are
beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance
shall be extended by the amount oftime of such delay.
13. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under
Meridian City Code, to insure that installation of the improvements, which the Owner/Developer
agree to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
City and Owner/Developer has entered into an addendum agreement stating when the
DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBDIVISION
PAGE 7 OF ] 1
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.
15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to
abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16 NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
OWNERlDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
David N. Price
2291 N. Greenview Court
Eagle, Idaho 83616
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto 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.
DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBDIVISION
PAGE 8 OF 11
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner
and any other person acquiring an interest in the Property. Nothing herein shall in any way
prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall ..
be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
upon written request of Owner /Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owner/Developer have fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision ofthis Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between 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 re-zoning ofthe
subj ect 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.
DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBDIVISION
PAGE 9 OF 11
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 ofthe Property and execution ofthe
Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERlDEVELOPER
i1uufJ<< /L-
DAVID N. PRICE
CITY OF MERIDIAN
BY:
Attest:
V K. /3erftn-;
8/~ ~~ 2-6--07
DEVELOPMENT AGREEMENT (AZ 06-034) ASHTYN PARK SUBDIVISION
PAGE 10 OF 11
STATE OF IDAHO, )
: ss
County of Ada, )
On this ~day of lIAAH'l........- , 2007, before me, the undersigned, a
Notary Public in and for said State, p~~lally apphred David N Price, known or identified
to me to be the above person, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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STATE OF IDAHO )
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On this LO t\'"' day of X brua ,2007, before me, a Notary ...To:: Bar to--
Public, person~j>~~{ed T- n il iam . Berg, r., now or identified
to me to be ther~a\:td 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.
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DEVELOP~\1F~~NT (AZ 06-034) ASHTYN PARK SUBDIVISION
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PAGE 11 OF 11
Exhibit A - Legal Description
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Ell. e, J4-... Iln!?ir~.ffiux 5,'505 W. Franklin R()ad .Soise, Idaho 83705-1 05~>
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land Description for
Annexation to the City of Meridian
10 November 2004
A portion of Lots 3 and 4. of Block 1 of Strasser Farms Subdivisio.n No.2. as
sllown on the official plat thereof bntile in the office ofthe Ada County, Idaho. Recorder,
and adjoining pUblic right-of-way, being, situ,ated in U.S. Lot 1 of Section 1. Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho; and being more particularly
described as follows:
Beginning at the northeast comer of said S~ction 1, Which Is the Real Paint of
Beginning:
Thence SOO~17'24"W, 426,49 feet along the easterly boundary of
saidSection 1 to the southerly boundary extended of said Lb13;
Thence N89"19'19"W, 45.00 feet along the southerly boundary
extended of said Lot 3 to the southeast comer of said Lot 3;
Thence continUing N89.19'19"W. 255.84 feet along the southerly
boundary of said Lot 3 to the ,extension ofthewesterly boundary of said
lot 4; ,
.. ..~~-_. Thence NOoo'1-T24"E. 20021:'. feet along Uje: ext~'~sTbn of ."the
westerly boundary of said LotA to the southwest ('.orner of said Lot 4;
Thence continuing NOO"17'24-E, 1,93.24 feet along the we:;>lerly
. boundary of said Lot 4 to the northwest, Gomer of said lot 4;
Thence continuing Nooo1T24"E, 33.00 feet along the extension ,of
the westerly boundary of said L.ot 4 to the northerly boundary of said
Section 1;
Th~nce_ SB9019'43"E, 300.84 feet. along the northerly boundary of
satdSectlon 1 to the Real Point of Beglnnirig.
NOV i 9 2DD4
MERIOlA~ PUBUC
WORKS OEPT. _,
Comprising 2.945 acres, more or less.
s~r4v.~~'
Exhibit A - Page 1
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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SEP 212006
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In the Matter of Annexation and Zoning of 2.95 acres from R4 (Ada County) to L-O
(Limited Office District), by David Price, for Ashtyn Park.
Case No(s). AZ..06-034
For the City Council Hearing Date of: September 12, 2006 (findings approved on
September 26, 2006)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 12,2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 12, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
September 12,2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of September 12, 2006 incorporated by reference)
8. 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. 967-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6,2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~
11- 5A.
4. Due consideration has been given to the conunent(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-D34- PAGE 1 of 3
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 Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and the Development Agreement
Provisions listed in Exhibit D of the attached Staff Report for the hearing date of
September 12, 2006 incorporated by reference. The Staff Report is concluded to be
reasonable and the applicant shall meet all applicable requirements of the application
approval.
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:
The applicants request for Annexation is approved subject to the provisions listed in the
attached Staff Report for the hearing date of September 12, 2006 incorporated by
reference.
D. Attached: Staff Report for the hearing date of September 12, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-034- PAGE 2 of 3
By action of the City Council at its regular meeting held on the 2.6 -If:: day of
~~7 ~- - ,2006.
COUNCIL MEMBER SHAUN WARDLE
VOTED ~
VOTED ~
VOTED~
VOTED ~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
----
VOTED
ATIEST:
Copy served upon:
CLERK SEAL ~
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Applicant "'I".~. ",.."
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Planning Depanm6ftt11l1u"
Public Works Department
City Attorney
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECiSION & ORDER
CASE NO{S). AZ-06-034- PAGE 3 of 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
STAFF REPORT
TO:
FROM:
Hearing Date: 9/12/06
Mayor & City Council
C. Caleb Hood, Current Planning Manager
Meridian Planning Department
208-884-5533
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SUBJECT:
Ashtyn Park Annexation
AZ~06-034
Annexation and Zoning of2.9S acres fromR4 (Ada County) to L-O (Limited
Office District), by David Price.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, David Price, has requested Annexation and Zoning (AZ) approval of 2.95 acres (2.3 acres
exclusive of right-of-way) from R4 (Ada County) to L-O (Limited Office District). The subject property
is located on the southwest comer of Ustick Road and Meridian Road. Currently, the site is zoned R4 in
Ada County and contains two homes and an outbuilding. The applicant intends to remove the existing
structures, one of which is currently in the right~of-way for Ustick Road, and constIUct an office
development. The subject property is within the Urban SetVice Planning Area.
The applicant is not proposing any land use, development or subdivision at this time. Instead, the
applicant has submitted a concept plan for how the subject property may develop, and pictures of what the
future buildings will generally look like.
The applicant is not proposing residential or public quasi-public zones/uses for this site, as envisioned
with The Future Land Use Map. However, the City recently approved Resolution No. 04-454, which
amended Chapter VII, Section 1, of the Comprehensive Plan to include the following language: "At the
discretion of City Council, areas with a Residential Comprehensive Plan designation may request office
uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in
size. In this instance, no ancillary commercial uses shall be permitted."
Approval of the subject AZ application would allow the applicant to obtain an office zone. According to
current City Code, personal and professional setVices (offices) and clinics are principally permitted in the
proposed L-O zone (UDC Table 11-2B-2). The applicant has submitted a conceptual site plan of how this
site may be developed with office buildings. On the submitted conceptual plan, the applicant has depicted
one access to Meridian Road. The driveway is located near the south property line, approximately 400-
feet south of Us tick Road. ACHD has approved this driveway location.
2. SUMMARY RECOMMENDATION
The subject Annexation and Zoning application was submitted to the Planning Department for review. By
City Ordinance, the Planning & Zoning Commission makes recommendation to the Council on
Annexation and Zoning applications. Any comments related to the Annexation application (AZ-06-034)
will be included in the Commission's recommendation to the Council. Staff is reconunendin~ approval of
the Ashtvn Park Annexation (AZ-06-034). with a Development Aereement for this project. The Meridian
Planning- and Zoning- Commission heard the item on August 3. 2006. At the DubUc hearin~ thev moved to
recommend aDDroval. On SeDtember 12. 2006 the Meridian City Council aDoroved this aDolieation.
a. Summary of Commission Public Hearing:
i. In favor: Van Elg
ii. In opposition: None
111. Conunenting: Lester Vogle (irrigation water concern)
iv. Staff presenting application: Caleb Hood
Ashtyn Park Annexation - AZ-06.034
PAGE 1
CITY OF MERIDIAN PLANNfNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
v. Other staff commenting on application: Mike Cole
b. Key Issbes of Discussion by Commission:
i. Uses allowed on this site with the proposed zoning.
c. Key Commission Changes to Staff Recommendation:
i. None.
d. Outstanding Issue(s) for City Council:
i. None.
3. PROPOSED MOTION (to be considered after the public bearing)
Approval
After considering all staff, applicant and public testimony, I move to approve File Number AZ-
06.034 as presented in the staff report for the hearing date of September 12, 2006, with the
following modifications to the proposed development agreement: (add any proposed
modifications. )
Denial
After considering all staff, applicant and public testimony, I move to deny File Nwnber AZ-06-
034 as presented during the public hearing on September 12, 2006, for the following reasons:
(you should state specific reasons for denial of the annexation request.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number AZ-
06-034 to the hearing date of (insert continued hearing date here) for the following reason(s):
(you should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: 201 W. Ustick Road, on the southwest comer of Ustick Road and
Meridian Road, within Section 1, Township 3 North, Range 1 West.
b. Property Owner of Record:
David N. Price
2291 N. Greenview Court
Eagle, ID 83616
c. Applicant:
David N. Price
2291 N. Greenview Court
Eagle, ID 83616
d. Representative: Van ElgIPhil Hull, The Land Group, Inc.
e. Present Zoning: R4/ Ada COWlty
f. Present Comprehensive Plan Designation: Medium Density Residential and Public/Quasi-
Public
g. Description of Applicant's Request: The applicant is requesting annexation approval of
2.95 acres from R4 to L-O.
h. Applicant's Statement/Justification (see Applicant's application and letter): Being surrounded
Ashtyn Park Annexation - AZ-06-034
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12,2006
and influenced by the City of Meridian, it has been a Zoning Enclave for some time. This
request will bring this parcel of property into the City Limits, assign an appropriate and
compatible zoning designation, and provide a clean and concise plan and elevation for the
development of the site (the element that Council consider to be lacking in the previous
application material)(please see Applicant's submittal letter for more information).
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the City Council on this matter.
b. Newspaper notifications published on: July 17, 2006, and July 31, 2006 (planning & Zoning
Commission hearing), and August 21,2006 and September 4,2006 (for City Council hearing)
c. Radius notices mailed to properties within 300 feet on: July 7,2006 (for Planning & Zoning
Commission hearing), and August 18, 2006 (for City Council hearing)
d. Applicant posted notice on site by: July 24, 2006 (for Planning & Zoning Commission
hearing) & September 2,2006 (for City Council hearing)
6. LAND USE
a. Existing Land Use(s): There are two existing homes, and other outbuildings on the subject
site.
b. Description of Character of Surrounding Area: The properties directly to the north
(park) and west (church) are designated Public/Quasi-Public on the Comprehensive Plan
Future Land Use Map. The properties to the east and south are both designated Medium
Density Residential on the Future Land Use Map. The northeast comer of Us tick and Meridian
is designated Office on the Future Land Use Map and were approved as a use exception to the
primarily residential Snnrlance development.
c. Adjacent Land Use and Zoning:
North: Settlers Park, zoned L-O
South: Single-family residence, Strasser Farms Subdivision, zoned RUT (Ada Connty).
East: Single-family homes, Eastbrook Village Subdivision, zoned R6 (Ada County)
West: Presbyterian Church, zoned R4 (Ada County)
d. History of Previous Actions: In 2003, after the current Comprehensive Plan was
adopted, a record of survey for a property boundary adjustment was done on Lots 3 and 4 of
Strasser Farms Subdivision. Lot 4, which was 1.1 acres, became 2.3 acres (not including right-
of-way) after the record of survey was done and the remainder of Lot 3 became 5.5 acres.
Prior to the record of survey, all of Lot 3 was designated Public/Quasi-Public on the
Comprehensive Plan Future Land Use Map, primarily because the church owned it. All of Lot
4 was designated Medium Density Residential, as there was, and still is an existing dwelling
on the site. Due to the recordation of Record of Survey No. 6141, the northern half of the
subject site (1.1 acres, exclusive of right-of-way) is designated Mediwn Density Residential
on the Comprehensive Future Land Use Map, while the southern half (1.2 acres, exclusive of
right-of-way) is designated Public/Quasi-Public.
In late 2004, applications were filed with the City for annexation and zoning of this property to
C-C (AZ-04-032), and to modify the Comprehensive Plan Future Land Use Map designation
of this site to commercial (CP A-04-004). After an unfavorable recommendation from the
Ashtyn Park Annexation - AZ-06-034
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR llfE HEARING DATE Of SEPTEMBER 12,2006
Planning & Zoning Commission, the applications for the comprehensive plan map amendment
and annexation were withdrawn for the Maverick Country Store.
In 2005, an annexation application was filed with the City for annexation and zoning of this
property to L-O (AZ-05-020). The City Council voted to deny AZ-05-020 on June 28,2005
and confirmed their original decision on August 9, 2006, because approving the annexation
was not in the best interest of the City.
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: There is a City of Meridian sewer main in Meridian Road.
The sewer line that crosses this property is a private facility and would not be
eligible to be COIUlected to.
Location of water: There is currently a water main in Meridian Road.
Issues or concerns: The applicant will need to extend City sewer mains through
this site, the existing line is private and is not eligible to be connected to.
2. Vegetation: There are some existing trees on the subject properties that should
either be preserved or mitigated for at the time of development.
3. Flood plain: N/A
4. CanalslDitches hrigation: There are some irrigation ditches that lie on or adjacent
to this site.
5. Hazards: Vehicular access to this site is tricky. This site does not have a lot of
frontage on Ustick Road or Meridian Road. AClID has reviewed this project,
considering road safety, and has recommended approval. Staff is not aware of any
other potential hazards on this site.
6. Proposed Zoning: L-Q
7. Size of Property: 2.95 acres
f. Summary of Proposed Streets and/or Access: Although no development is proposed at this
time, the submitted Concept Pap shows an east-west driveway located near the south boundary.
StafIis supportive of the genera110cation of this driveway, provided cross-access is provided to
the church to the west to use this access point to Meridian Road.
g. Landscaping:
1. Width of street buffer(s): Per City Code (tIDC Table 11-2B-3), a 25-foot wide
landscape street buffer is required adjacent to Meridian Road and Ustick Road, both
arterial roadways.
2. Width ofbuffer(s) between land uses: Per City Code (tIDC Table 11-2B-3) a 20-
foot wide landscape buffer is required between L-Q zoned properties and residential
uses/zones. There are residential uses to the south, and a residential zone to the west of
this site.
7. COMMENTS MEETING
On July 14, 2006., a joint agency and departments meeting was held with service providers in this
area. The agencies and departments present include: Meridian Fire Department, Meridian Parks
Department, Meridian Public Works Department, and the Sanitary Services Company. All of the
Ashtyn Park Annexation - AZ-06-034
PAGE 4
CITY OF MERWIAN PLANNING DEPARTMENT 51 AFF REPORT FOR THE HEARJNG DATE OF SEPTEMBER 12,2006
received comments are "standard" and have been included within this report. Once a development
plan(s) is submitted, the applicant should be required to comply with the specific comments and
conditions from all commenting agencies and departments.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Medium
Density Residential" for the northern half, and "Public/Quasi-Public" for the southern half. The
pwpose of a medium density residential designation is to allow smaller lots for residential
purposes within city limits. Uses may include single~family homes at densities of three to eight
dwelling units per acre (page 95, 2002 Comprehensive Plan). Chapter VII of the Comprehensive
Plan defines Public, Quasi-Public and Open Space as areas designated to preserve and protect
existing private, municipal, state, and federal land for area residents and visitors. Theses areas
include neighborhood, community, and urban parks. Government facilities, public and private
schools, health care facilities, churches, utilities, park and recreational areas, and cemeteries are
also considered public/quasi-public type uses.
In 2004, the City approved Resolution No. 04-454, which amended Chapter VII, Section 1, of the
Comprehensive Plan to include the following language: "At the discretion of City Council, areas
with a Residential Comprehensive Plan designation may request office uses if the property has
frontage on an arterial street or a section line road and is 3 acres in size or less in size. In this
instance, no ancillary commercial uses shall be pennitted." Staff finds that the subject property
has frontage on two arterial streets (Meridian Road and U stick Road) and is less than 3 acres in
size (2.9 acres total). Because a majority of the property is designated for residential use, but the
property is only 3~acres in size and is located on an arterial/arterial intersection, staff believes that
a residential use of the property may not be the best use of the land. Staff believes that an office
zone/use on the subject property is appropriate as the request is consistent with the intent of
Resolution No. 04-454, if the Commission and Council find the zoning is appropriate for this site.
Please see the following facts and circwnstances and the Special Considerations below for further
analysis of the proposed zoning designation and anticipated office uses.
Staff finds the following Goals, Objectives, and Action items contained in the 2002
Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy):
. "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal
IV, Objective D, Action item 2)
On the submitted conceptual plan, the applicant is proposing a single access to Meridian
Road, approximately 400-feet south of Us tick Road. ACHD has approved one access to the
site as proposed..
. "Require appropriate landscape and buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (Chapter Vll, Goal IV, Objective D, Action item 4)
Meridian Road and Ustick Road are designated arterial streets. By City Ordinance, a 25-foot
wide landscape buffer is required adjacent to Meridian Road and Ustick Road. Landscape
buffers along Meridian Road and Ustick Road will be required by the City with future
CZC/Subdivision approval.
. "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal
III, Objective D, Action item 5)
Ashtyn Park Annexation - AZ-06-034
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12, 2006
The applicant is not specifically proposing to install any landscaping with the subject
annexation application. In order to construct buildings on this site the applicant will be
required to construct internal and perimeter landscaping.
· "Pennit new . . . commercial development only where urban services can be reasonably
provided at the time of fInal approval and development is contiguous to the City." (Chapter
N, Goal I, Obj. A, #6)
This parcel is contiguous to the city via Settlers Park to the north. Sanitary sewer and water
are available to this parcel.
· "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter
VII, Goal 1, Objective B)
Staff believes that the proposed zone, which al/ows office uses, does contribute to the variety
of uses in this area which include: a church, single-family homes, a city park, and future
office uses.
Staff finds that the proposed zoning to L-O should be harmonious with and in accordance with
the Comprehensive Plan, as amended by Resolution No. 04-454. Staff recommends that the
Commission and Council rely on staffs analysis, other agency/department comments, and any
other comments received regarding the appropriateness of zoning this site for office uses.
9. UNIFIED DEVELOPMENT CODE
a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the pennitted, accessory,
and conditional uses in the L-O zoning district. Personal and Professional Services are listed as
principally permitted uses in the L-O zone.
b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the
retail and service needs of the colIlIllWlity in accord with the Meridian Comprehensive Plan.
F our Districts are designated which differ in the size and scale of conunercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location
of the district in proximity to streets and highways.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
AZ Application: Approval of the subj ect annexation application would allow the applicant to
obtain an office zone. According to current City Code, professional offices and clinics are
principally pemritted in the proposed L-Q zone. The applicant has submitted a conceptual site
plan showing how this site may redevelop with office buildings, parking and landscaping. Based
on the policies and goals contained in the Comprehensive Plan and the general compliance of the
proposed concept plan with the Zoning Ordinance for L-O zoning, staff believes that the zoning
of this site to L-O is in the best interest of the City. Please see Exhibit C for detailed analysis of
facts and findings.
The annexation legal description submitted with the application (stamped on November 11, 2004
by Joseph D. Canning, RLS) shows the property as contiguous to the existing corporate boundary
of the City of Meridian.
Ashtyn Park Annexation - AZ-06-034
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12, 2006
Conceot Plan: Staff is generally supportive of the submitted conceptual site plan for this property.
However, some of the dimensions shown on the plan do not appear to comply with the UDC. All
parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building height and building
setbacks for this development should comply with the applicable provisions set forth in the
Unified Development Code.
Buildinll Elevations/Construction MaterialslBuildiml Bulk: The applicant is conceptually
proposing to construct up to six office buildings on this site. Because this site is directly
adjacent to residential uses, staff recommends that the future buildings for this site have a
maximum size of 5,000 square feet each, and are single-story. Consistent with the pictures
submitted by the applicant with this application (see Exhibit C), staff recommends that each
future building provide: variations in roof lines with at least a portion of the roof having a 6/12
slope, awnings over some of the windows and the front door, columns, at least 25% of the
front and street-facing fa~ade to have windows, and at least two different types of siding
material. All new structure(s) (or remodel of existing structure(s)) should be generally compatible
in appearance and bulk: with the pictures provided with the application and as mentioned above,
as detennined by the Planning Director or othelWise approved through a Conditional Use Permit.
Access: Vehicular access to this property is a challenge. This property has approximately 255 feet
of frontage on Ustick Road and 400 feet of frontage on Meridian Road. ACHD policy requires
right-inlright-out driveways located on arterial roadways to be constructed a minimum of 150 feet
from a stop controlled intersection; 220 feet is required for a full access driveway. Although this
property has enough frontage to meet the District's policy, there is an existing roadway,
Eastbrook Court, that creates potential turning conflicts if a driveway were to be located 220 feet
south of Us tick Road. Therefore, the applicant is proposing a driveway that is approximately 350
feet south of Ustick Road. When the UsticklMeridian intersection is signalized, or if safety of this
driveway should become an issue, the ACHD may restrict the access to right-in/right-out only.
Because only one access to the public roadway system is being approved for this property, staff
reconunends that cross access be provided to the church to the west. The idea with providing
cross access to the church is that when the church expands andlor redevelops, cross access will be
reciprocated to the proposed office development. If cross access is provided then patrons of the
church can access Meridian Road without going through the UsticklMeridian intersection, and the
patrons and employees within the proposed office development can have access to Ustick Road
through the church site. NOTE: Staff believes that the parking lot layout proposed on the concept
plan will discourages cut-through traffic.
Office Uses: Professional and sales offices, laboratories, health care services and medical clinics
are some of the most common principally pennitted uses within the requested L-O zone. Staff
believes that these principally permitted uses are appropriate for this property and meet the intent
of Resolution No. 04454. However, there are several retail and ancillary conunercial uses that
can occur in the L-O zone with conditional use permit approval. Staff is concerned that this area
may turn into a conunercial retail site, and is recommending that the City limit the uses that can
operate on the site to principally pennitted. uses in the L-O zone (no CUP uses). This
recommendation is intended to protect the neighbors from more intense conunercial uses
(restaurants, Laundromats, animal hospitals, etc.) that could potentially operate on this property
with CUP approval, and to ensme that the uses intended in Resolution No. 04-454 (light office,
low-impact businesses) are upheld. See Annexation & Zoning Facts and Comments #3 below.
NOTE: Staff has consistently recommended that all properties requesting L-O zoning through
Resolution No. 04-454 be restricted as noted above.
Ashtyn Park Annexation - AZ-06-034
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE I-IEARING DATE OF SEPTEMBER 12,2006
According to the UDC, 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) issued by the Administrator. A certificate of
zoning compliance shall be issued only in conformity with the provisions of this Title and shall be
required before the issuance of a building pemrit. Prior to construction of any building on this
site, a certificate of zoning compliance pennit should be obtained.
Upon annexation and zoning of the property to L-O, the existing residences will become legal
non-confonning uses. The applicant, Commission and Council should be aware that no
alterations, expansions, reconstructions or other enlargements to the structures will be pennitted
except through a CZC and except where the use of the structure changes to a use pennitted in the
L~O zone. Prior to occupancy of any building for office use on this site, a certificate of zoning
compliance permit should be obtained.
Hours of Operation: In the applicant's submittal letter, the applicant does not address the hours of
operation for the proposed development. Consistent with previous Commission action, staff is
recommending that the hours of operation for businesses on this site be limited through a
Development Agreement from 6 am to 10 pm.
LandscaDin~: Meridian Road and Ustick Road are classified arterial roadways. A 25-foot wide
landscape buffer is currently required adjacent to arterial roadways (UDC Table 11-2B-3).
Landscape buffers along Meridian Road and Ustick Road will be required by the City with future
CZC/Plat approval.
If the subject annexation and zoning application is approved, L-O property will be adjacent to
rural residential properties zoned RUT in Ada County and a church, zoned R4. To buffer the
existing land uses to the south and west from future commercial office uses on this site, 20-foot
wide landscape buffers along the perimeter of the site should be installed when a CZClPlat is
approved (UDC Table 11-2B-3).
Parkinll: For professional offices, parking stalls are currently required at the rate of one space per
500 s.f. of gross tIoor area (UDC 11-3C-6B).
Sanitary Sewer: There is an existing 8.inch private sewer service that bisects this property, it is
not a city.owned facility and would not be eligible to serve additional units. New sewer mains
would have to be designed and installed to service this parcel. Sewer is available in Meridian
Road and water is available in both Meridian Road and Ustick Road.
UDC 11-5B-3D2 provides the P&Z Commission and City Council the authority to require a
property owner to enter into a Development Agreement with the City of Meridian that may
require some written commitment for all future uses. Due to the orooosed use. staff believes that a
Develooment Agreement is necessary to ensure that this DfODertv is developed in a fashion that is
consistent with the comprehensive Dim and does not neRativelv imoact nearbvoroperties. If the
Commission or Council feels additional development agreement requirements are necessary, staff
reconunends a clear outline of the commitments of the developer being required.
A Development Agreement (DA) will be required as part of an annexation of this property. Prior
to the annexation ordinance approval, 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. The
aDDlicant shall contact the City Attomev. Bill Narv. at 8884433 within 6 months of Council
aDDroval to initiate this lJrocess. The DA shall incorporate the provisions listed in Exhibit B of the
Ashtyn Park Annexation - AZ-06-034
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 12, 2006
Staff Report.
b. Staff Recommendation: Staff recommends aooroval of the subiect application AZ-06-
034. with the DeveloDment Agreement provisions listed in the in Exhibit B of the Staff
Rc;;port for the hearing; date of August 3. 2006. On August 3. 2006 the Meridian Planning: &
Zonin2 Commission voted to recommend aOOfOval of the subiect aoolication. On September
12. 1006 the Meridian Citv Council voted to 8DDrove the subiect llDolication.
11. EXIDBITS
A. Legal Description
B. Required Findings from Unified Development Code
C. Concept Plan and Elevations
D. Development Agreement Provisions and Agency and Department Comments
Ashtyn Park Annexation - AZ-06-034
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF FEBRUARY 2,2006
Exhibit A - Legal Description
aJ. 6 JSt. 8~ dnc>o 5505 W. F'renklin Road. Boise, IdahQ 83765-105~.
:tL._.LL 1:._..1.... IL. is
Land Description for
Annexation to the City of Meridian
10 November 2004
A portion of Lots 3 and 4 of Block 1 of Strasser Fanns SubdIvision No.2. as
shown on the official plat thereof on file in the office of the Ada County, Idaho, Recorder,
and adjoining public right-of-way, being situated in U.S. lot 1 of Section 1, Township 3
North, Range 1 West, Balsa Meridian, Ada County, Idaho, and being more particularly
described as follows:
Beginning at the northeast c:omer of ,said S~ctfon 1. whICh Is the Real Point of
Beginning:
ThenCt:li SOOo17'24W, 426.49 feet along the easterly boundary of
said Section 1 to the southerly boundary extended of said Lot 3;
Thence Nago 19'19"W, 45.00 feet along the southerly boundary
extended of said Lot 3 to the southeast comer of saId Lot 3;
Thence continuing N8so19'19"W, 255.84 feet along the southerly
boundary of said Lot 3 to the extension of the westerlY boundary of said
Lot 4;
Thence NOO"17'24.E, 20021 feet along the ~Ion of the
westerly boundary of said Lot 4 to the southweSt comer of said lot 4;
Thence continuing NOO"'T24"E, W324 feet along the wester1~
b~ndary of said Lot 4 to the northwest ,comer of said Lot 4; ,
Thence continuing NOO"17'24"E, 33.00 feet along the extension of
the westerly boundary of said Lot 4 to the northerly boundary of saId
Section 1; , .
ThenCe. S89G19'43~E, 300.84 teet along the northerly boundary of
sald Section 1 to the Real Paine 01 Beginning.
NOV 19 2au.:,
u==:~,
Comprising 2.945 acres, more or less,
~th\
Exhibit A - Page 1
CJTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR mE HEARING DATE OF FEBRUARY 2,2006
Exhibit A - Page 2
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CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DAn: OF FEBRUARY 2,2006
B. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the CouncD shall make a full
investigation and shaD, 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 ofthe
comprehensive plan;
The applicant is proposing to zone all of the subject property to L-O. Council
fmds that the proposed zoning map amendment complies with the applicable
provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies
and Goals, Section 8, of the Staff Report for more infonnation.
2. The map amendment complies with the regulations outlined for the
proposed district, specifically the purpose statement;
Council finds that professional offices, laboratories, libraries and medical clinics
would be pennitted uses within the requested L-Q zone. As mentioned in the
Staff Report, however, there is no detailed development plan proposed at this
time. There are several uses in the requested L-Q zone that can occur with
conditional use permit approval. Council is concerned that this area may turn into
a commercial retail site, and is recommending that the City limit the uses that can
operate on the site. Council finds that future development of this property should
comply with the established regulations and purpose statement of the L-Q zone.
3. The map amendment shall not be materially detrimental to the public
health, safety, and welfare;
Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. Staff recommends that the Commission and
COWlcil rely on any oral or written testimony that may be provided when
determining this finding.
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,
Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing
services to this site.
S. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
Council finds that all essential services are available or will be provided by the
developer to the subject property and will not require unreasonable expenditure
of public funds. In accordance with the fmdings listed above, Council finds that
Annexation and Zonine: of this orooertv to L.Q would be in the best interest of
the City. if the aoolicant enters into Develooment Ae:reement IDA) with the City.
as mentioned in Section lOaf the Staff Reoort.
Exhibit B - Page 1
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT fOR THE HEARING DATE OF FEBRUARY 2,2006
C. Concept Plan and Elevations
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CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2,2006
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Exhibit C - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT 8T AFF REPORT FOR THE HEARING DATE OF FEBRUARY 2,2006
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Exhibit C ~ Page 3
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2 2006
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D. Development Agreement Provisions and Agency and Department Comments
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 rezone ordinance adoption), and the
developer. The aDDlicant shall contact the City Attornev. Bill Nary. at 888-4433 to initiate this
Drocess. The DA shall incorporate the following:
· That development of this property shall generally conform to the Concept Plan prepared by
The Land Group, Inc., dated 6-13-06, labeled Sheet L1.0., as determined by the Planning
Director or otherwise approved through a Conditional Use Permit.
· That no alterations, expansions, reconstructions or other enlargements to the existing single-
family structures will be pennitted except through a Certificate of Zoning Compliance (CZC)
and except where I) the use of the structure changes to a use consistent with this
Development Agreement and 2) the structure shall meet all applicable development standards
such as setbacks, frontage, height, etc. of the L-O zone.
· 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 (Cle).
· That all parking areas, drive aisles, landscaping, sidewalks, lighting, signage, building
height and building setbacks for this development shall comply with the applicable
provisions set forth in the Unified Development Code.
· 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: principally permitted uses
within the L-O zone.
· That the hours of operation shall be limited to 6 a.m. to 10 p.m..
· That up to six officevtype buildings may be constructed on this site. That said buildings
shall have a maximum size of 5,000 square feet each, and be limited to a single-story. Each
building shall provide: variations in roof lines with at least a portion of the roof having a
minimum 6/12 pitch, awnings over some of the windows an the building entrance,
columns, at least 25 % of the front and street-facing fa4;:ade to contain windows, and at least
two different types of siding and accent materials. That all new structures will be generally
compatible in appearance and bulk with the provisions listed above and the pictures
submitted with the annexation application, as determined by the Planning Director or
otherwise approved through a Conditional Use Pennit.
· That a 25-foot wide landscape street buffer will be constructed adjacent to Meridian Road,
and Ustick Road, located entirely outside of the right-of-way; that said landscape buffers
shall be installed prior to occupancy of the first office building on this site.
· That a 20-foot wide land use buffer, constructed in accordance with the ODe, will be
installed along the south and west property lines; that said land use buffers shall be installed
prior to occupancy of the first office building on this site.
· That vehicular access to this site shall be restricted to one driveway to Meridian Road, as
approved by ACHD and the City; no vehicular access to Meridian Road is approved.
· That prior to issuance of a Certificate of Zoning Compliance (CZC) permit for any future use,
the applicant agrees to provide staff with a recorded copy of a cross-access, ingress/egress
easement to the church parcel to the west to use the drive aisles as access to Meridian Road,
· That the applicant shall be required to install any and all sewer mains, water mains and/or fire
hydrants that are deemed necessary during construction plan review. This may include water
connections in both Ustick and Meridian Road.
Exhibit D - Page 1
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2,2006
· That the applicant shall provide easements for all required sewer and water mains that are not
located in the right-of-way.
· That the applicant shall be required to install a pressurized irrigation system for this
development. The system shall utilize surface water for its primary source.
· Applicant shall be required to pay Public W orIes development plan review, and construction
inspection fees, as determined during the plan review process.
1. PLANNING DEPARTMENT
1.1 The legal description submitted with the application (dated 11-10-04, stamped by Joseph D.
Canning) shows the property as contiguous to the existing corporate boundary of the City of
Meridian. The Public Works Department has confirmed that the submitted legal description
meets the requirements of the City of Meridian and the Idaho State Tax Commission.
1.2 All future construction/uses on this site should comply with the provisions of the Unified.
Development Code in effect at the time of submittal.
1.3 Please see Section 10 of the Staff Report.
2. PUBLIC WORKS DEPARTMENT
2.1 The applicant shall comply with all City of Meridian Public Works standards and procedures
for all development on this property.
3. MERIDIAN FIRE DEPARTMENT
3.1 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.
3.2 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 specifications.
d. Fire Hydrants shall be placed on comers when spacing pennits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 The phasing plan may require that any roadway greater than 150 feet in length that is not
provided with an outlet shall be required to have an approved turn around.
3.4 All entrance and intema1 roads and alleys shall have a turning radius of28' inside and 48' outside
radius.
3.5 For all Fire Lanes, provide signage ''No Parking Fire Lane".
3.6 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.
3.7 Building setbacks shall be per the International Building Code for one and two story construction.
Exhibit D - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of FEBRUARY 2, 2006
3.8 Commercial and office occupancies will require a fIfe~flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.9 The office development will have an unknown transient population and will have an unknown
impact on Meridian Fire Department call volumes. The Meridian Fire Department has
experienced 2612 responses in the year 2004. According to a report completed by Fire &
Emergency SelVices Consulting Group our requests for service are projected to reach 2800 in the
year 2005 and 3800 by the year 2010.
3.10 The fIre department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by tire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.11 Maintain a separation of 5' from the building to the dumpster enclosure.
3.12 Provide a Knox box entry system for the complex prior to occupancy.
3.13 The first digit of the Apartment/Office Suite shall correspond to the floor level.
3.14 All portions ofthe buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
3.15 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.16 There shall be a fIfe hydrant within 100' of all Fire Department connections.
3.17 Buildings over 30' in height are required to have access roads in accordance with Appendix D
Section Dl05.
3.18 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).
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
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).
4. MERIDIAN POLICE DEPARTMENT
4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not
exceed three feet in height.
Exhibit D - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
4.2 Ifthere are any, loading areas shall be separated from all public parking areas.
5. SANITARY SERVICES COMPANY
5.1 Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
6. MERIDIAN PARKS DEPARTMENT
6.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (UDC 11-3B-1O) will be followed.
6.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (ODC 11~3B~1O) will be followed.
hhibit D - Page 4