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Urwin AZ 05-009 PARTIES: 1. 2. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 25 BOISE IDAHO 07/20/05 03:43 PM ~~~~~~E~~a~~~~~:~ OF 11111111111" 111111111111111111111111 Meridian City 105098809 "- DEVELOPMENT AGREEMENT City of Meridian Mike and Gloria Urwin, Owner/Developer TIllS DEVELOP~ AGREEMENT (tlris "Agreement"), is made and entered into this 2~ day of (,JL1.--- , 2005, by and between CITY OF MERIDIAN, a municipal corporatio of the State of Idaho, hereafter called "CITY', and Mike and Gloria Urwin, hereinafter called "OWNER/DEVELOPER". 1. RECITALS: 1.3 1.4 1.5 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or pennit as a condition of re-zoning that the "Owner" make a written commitment concerning the use or development ofthe subject "Property"; and 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 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 WHEREAS, "Owner/Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ-O5-009 - MIKE AND GLORIA URWIN) PAGE 1 OF 10 1.6 1.7 1.8 1.9 1.10 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and WHEREAS, City Council, the 3rd day of May, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 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 "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 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 tenus 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 ofthe City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration ofthe covenants and conditions set forth herein, the parties agree as follows: 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-O5-009 - MIKE AND GLORIA URWIN) PAGE 2 OF 10 3. DEFINITIONS: For all purposes ofthis Agreement the following words, tenus, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 3.2 3.3 4. "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 of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. "OWNER/DEVELOPER": means and refers to Mike and Gloria Urwin, 800 E. Hubbard Road, Kuna, Idaho 83634, the parties developing said "Property" and shall include any subsequent owner(s)/developer(s) ofthe "Property". "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned L-O (Limited Office) attached hereto and by this reference incorporated herein as if set forth at length. USES PERMITTED BY THIS AGREEM,ENT: 4.1 4.2 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (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 a future development in the £-0 zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ-O5-009 application. No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ-05-009 - MIKE AND GLORIA URWIN) PAGE 3 OF 10 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 1. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation; That no exterior alterations, expansions, reconstructions or other enlargements to the existing single-family structure will be permitted except through a Certificate of Zoning Compliance (CZC) and except where the use of the structure changes to a use pennitted in the L-O zone.; 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 other than converting the existing structure to a professional office, all future uses on the subject site shall be approved through the Conditional Use Pennit process. The applicant shall provide cross-access to the parcels to the north (Parcel No. R2114050010) and south (Parcel No. R9071450052), prior to issuance of a Certificate of Zoning Compliance permit for any future use (excluding the existing home to be converted); That vehicular access to this site shall be restricted to those approved by ITD and the City. Access to this site from Meridian Road shall be on an interim basis only and shall terminate within 6 months of alternate access being available to the site; 2. 3. 4. 5. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be tenninated, and the zoning designation reversed, upon a default of the "Owner" or "Owners" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Re-Zone" of subj ect "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 I.C. § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT (AZ-05-009 - MIKE AND GLORIA URWIN) PAGE 4 OF 10 7. 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: 7.1 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. 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 tenus and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 9.2 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the tenus and conditions included in this Agreement in connection with the "Property", this Agreement maybe modified or tenninated by the "City" upon compliance with the requirements of the Zoning Ordinance. 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. 10. 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 DEVELOPMENT AGREEMENT (AZ-05-009 - MIKE AND GLORIA URWIN) PAGE 5 OF 10 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", 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. 12.1 12.2 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 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 ofthe same with diligence and continuity. 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 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 § 12-5-3, to insure that installation ofthe improvements, which the "Owner" agrees to provide, if required by the "City". 14. 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 DEVELOPMENT AGREEMENT (AZ-05-009 - MIKE AND GLORIA URWIN) PAGE 6 OF 10 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" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subj ect 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 ofthe 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: OWNERIDEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Mike and Gloria Urwin 800 E. Hubbard Road Kuna, Idaho 83634 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto 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 detennined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, tennination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT (AZ-05-009 - MIKE AND GLORIA URWIN) PAGE 7 OF 10 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 tenD, condition and provision hereof, and that the failure to timely perfonn any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perfornl. 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" ofthe "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", to execute appropriate and recordable evidence of tennination of this Agreement if "City", in its sole and reasonable discretion, had detennined that "Owner" has fully perfonned its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "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". 21.1 No condition govemingthe uses andlorconditions govemingre-zoningofthe subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT (AZ-O5-009 - MIKE AND GLORIA URWIN) PAGE 8 OF 10 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER ~/~~ MIKE URWIN ~Jt~Ù(/~ WI ~ G LO RIA URWIN CITY OF MERIDIAN BY:~~ MAYOR Y de WEERD .~(;¡;¡~ c Attest: DEVELOPMENT AGREEMENT (AZ-05-009 - MIKE AND GLORIA URWIN) PAGE 9 OF 10 STATE OF IDAHO, ) : ss: County of Ada, ) On this ~ay of Jt.tl\,oL ,2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Mike and Gloria Urwin, known or identified to me to be the persons who executed the agreement, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) """""". .., "'. #>~~...~\(,ß L. 8+';'___- " ...~.. J}.~ ~ " " ....,. ... i ~OTAJlr \ \ - * . .. : \ -.- . * : : : :: \ . .þUBL\C,: ¡ \cP.. ..:: I ~ ". .. .....0 ~ " -1» ....... ...."'(""' .." 'I, :s Or:; \'\>v ...." '" x' ...." """'HO"'" STATE OF IDAHO) : ss County of Ada ) On this 1.J4~ day of .Ju. \\r ,2005, before me, a Notary Public, personally appeared Tammy de Weerd and Ilham 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. 4""""". (,1:. L. 8 .._~ Œ~ .... """';.. !Ii' ? (SEArl ~OT.-\~I" \ :* --~ *= \ ÞUB\..\c, j , .tIt. .. ... v). "". 0 ,. """ "'1), ~...... t.~ .J '" :é 011 \'0., '.............., ./dJ. DEVELOPMENT AGREEMENT (AZ.05.009 - MIKE AND GLORIA URWIN) PAGE 10 OF 10 J~n 28 2005 3:18PM HP LRSERJET FAX po3 -. E'1'h\b;+'AJ $. ~ ~ ~~ #~ '5505 W. Franldin Road. Boise, Idaho 83705-1055 Gloria and Michael Urwin - Land Desc_ription for Annexation to the City of Meridian 28 January 2005 '. A portion of lot 1 of Block 1 of Volkman Subdivision, as shown on the official plat thereof on file in the office of the Ada County, Idaho, Recorder, and adjoining public rigl1t.of-way, being situated in U~S. Lot 3 of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada Couhty, ~daho, and beíng more- particularly described as foltows: -. Commencing at the southwest comer of said Section 19; thence NOO"56'OO~E, 2,195.04 feet along the westerly boundary of said Section 19 to .the extension of the - northerly boundary of said lot 1, whiCh is the Real Point of Beginning: . Thence SB9"O4'OO"E, 335.00 feet along the extension of the northerly boundary of said Lot 1 and along the northerly bounc:iary of said Lot 1 to the northeast Comer of said Lot 1; , . Thence SOQ"56'OO'W, 168.00 feet along the easterty boundary of said lot 1 to the southeast comer of satd lot 1; , Thence N89"04'OO'W, 335,.00 feet along the southerly boundary of said Lot 1 and the extension of the southerly boundary of said Lot 1 to the westerly boundary of said Section 19; , . , Thence NOœS6'OO"E, 168.00 feet along the westerly boundary of said Sectipn 19 to the Real Point of Beginning., ' Comprising 1.292acres, n;~re or less;. - - , This land desc;;ription has been made, from' SUf"Vey information contBjnecj on the subdivision pfat of Volkman Subdivision. ' . '.. ' . ;--,-- REViEW APPRQVAl 8'~~).()-,;~.. - :,""':¡:¡I!\i'J ;:'U3UC- "J:~'-?>::, DEF'ï. Ex\1,b~+ \ B t CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning of 1.06 ACres from RUT (Ada County) to L-O (Limited Office District), by Mike & Gloria Urwin Case No(s): AZ~OS-OO9 For the City Councü Hearing Date of: May 3, 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 ofthe property. The notice of public hearing before the Cíty Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with ]daho .code §67- 6509. b. The matter was duly considered by the City Council at the May 3,2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in ]daho 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ-O5-O09- PAGE I of4 verified that the property owner(s) of record at the time of issuance of these findings are Michael & Gloria Urwin. 4. Required Findings per Zoning and Subdivision Ordinance 8. See Exhibit D for the findings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," 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 Conceptual Site Plan dated February 2005 as shown in Exhibit B. and the Annexation and Zoning Comments as shown in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12~3.5 and based upon the above and foregoing Findings of Fact which are herein adopted. it is hereby ordered that: 1. The applicant's Conceptual Site Plan as evidenced by having submitted the Conceptual Site Plan dated February 2005 is hereby conditionally approved; and, 2. The Annexation and Zoning Comments are as shown in Exhibit c. CITY OF MERIDIAN FINDING S OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ.O5.0Q9- PAGE 2 of 4 D. Notice of Final Action and Right to Regulatory Takings Analysis I. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use pennit approval may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. E. Exhibits Exhibit A: Legal Description Exhibit B: Approved Conceptual Site Plan Exhibit C: Annexation and Zoning Comments Exhibit D: Zoning Amendment Findings By action of the City Council at its regular meeting held on the ~ j])(tl) ,2005. COUNCIL MEMBER SHAUN WARDLE day of VOTED--Jf..1l- COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYORTAMMYdeWEERD (TIE BREAKER) VOTED Attest: -" CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-OO9. PAGE 3 or 4 Copy served upon Applicant, The Plannmg and Zoning Department, Pu~lic Works Department and City Attorney. By: , City Clerk's Office Dated: CITY OF MERIDIAN FINDrNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-O09- PAGE 4 of 4 . I I ~" ..., ---~~- i j , ¡ ¡ i EXHIBIT A Urwin Annexation AZ-OS-OO9 Legal Description ..- ---- ,_... ---~ J~n ~e ?OOS 3119P~ If' LASEIUF'-T' FfI><: fSJ. 6 ~rrt. 6~ $.íu,.; 5SC1SW FrankainAOICI oBois<t. fd,a/¡p,!!.37¡:"»-1¡':¡5-5 Gloria and Michael Urwin Lanci Description for Annøation to the City of MeridIan 28 Januàry 2005 A portion of 1.q11 or Block 1 of VOlkman &Jbdï!lislon. .. shown on tne offidal plat Ittereof Qn file in ft1e afIiœ at 8he Ada Çounty, Idaho. Reoordet. end adjoining pubrrt rigtit"*way. being &ftuaœd In U-S. Lo1 ;3 of Sedfon 19, TG'MIstrip 3 North. Rangê 1 East Boise Met1diM. Adia Couhty, Idaho, and -bemg mœe Particularly des.cribed as, follows: - Corrmencing at the ~ c:omer Of said 5eGticr11Sj 1henœ NOO"56'OO"E. 2.198.04 'feet aJOf1Q ,the W8BterIy ÞouncIarv of said Section 1910 the extension of the northerly boundaly of said Lot 1, Which Is Ihe Real Point of Sev/ntImg: Thence S89"04'OD"E, 335.,00 feet along 1he Eøåension 01 the norIher1y bO~ of said Lot 1 and along the ool'lherly bCN,lne1ary of said lot 1 W .. nort.heast c:omer aI aøtd lot 1,; . , Thence SOO":56'OO"W. 16~ 00 refIt along the aesterIy boundluy of saKi Lot ~ to the IOUlheasI comer of said lot 1; iñence N69"D4'OO~. 335.00 reet~1onu !be lOUttIerIy boundary of. said lot 1 and !he extension of thu southerly bound8ry or said L of 1 to the westerly bounqlil/Y of said Section 19; Thence NOO"56'OO"E, 188.00 feet along the WMteJty boundary of sad SødIøn 19 to the R.ull'oIrriøl$egfnnirrg. , c~ 1.292 acre.; ~ 01' lees. Thill /8f)d ~~s linn m.de Ihm &lFYel' ~ œntaiIted ð/ 'he sub~J:¡f¡ plat 4 \IbItman &rodM&Ian. ' REvllifll J\Pf'r{9~A~ .. ~vJ'~-'.' ., (,J <....-- , , :"':',';';,:~'"T' : . ...~ ~-_.~ "'. ;ì 0:' p., ;,.. tTI t:; '!§. ~ V. !:: to >,J. ~.... Q '.1' ~ "'I't -~ ~ ß- ~ ~ c=.... tc G ~. õ: 5- c, 00 (.¡J , -.1 '=' 'J> 1:: 'f' ...... ',~ 01"'- ,r. 'r: C"'. ,;- ~ ~~g r~ 0 n "";3,1j.-!:¡ J¿ "- ~ 2" >.: - to: "'rj;~- """r,r.. '7R ..... ,- .... ..:;¡. n ... ::r:. ~ ~. fi ;"! - r ~ Sf ,---- -.. ,I '~""':""""'>!."¥t."'il(4i ¡'¡',-, ,";"-: :-,,"'!'_+~-:~~kf!~.-;' --- };-fd - '~t1'~~:' -~ .' ~i'-'\ " . ' ...' !\d]@@ ~@@d] ."- ,. -,':,.' ~~..~- , -', i",i' '.'¿~~I11~";~-"."I)t,.:.(-,- - -!2!i.JH- ~ ~ ~ - -;- - ".. /" ,õt~ I~~ ...._.",.~-_..- ~ ._---' ReId 3ns lun:þd33DO;) 600-S0-ZV uo!JRxauuy DIM-alil H l.UIIHX3 EXHIBIT C Urwin Annexation AZ-O5-009 Annexation and Zoning Comments ANEXATION & ZONING FACTS AND COMMENTS 1. The subj ect property is within the Urban Services Planning Area. The legal description submitted with the application (dated 1-28-05, stamped by Joseph D. Canning) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Deparbnent has continued that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. . 2. Any future subdivision and/or development of this property shall comply with the City of Meridian ordinances in effect at the time. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption). and the developer. The applicant shall contact the Citv Attorney. Bill Nary. at 888-4433 to initiate this process. The DA shall incorporate the following: . That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. . That no exterior alterations, expansions, reconstructions or other enlargements to the existing single-family structure will be permitted except through a Certificate of Zoning Compliance (CZC) and except where the use of the structure changes to a use permitted in the LaO zone. . That all futme 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 other than converting the existing structure to a professional office, all future uses on the subject site shall be approved through the Conditional Use Pennit process. The applicant shall provide cross-access to the parcels to the north (Parcel No. R211405001O) and south (Parcel No. R9071450052), prior to issuance of a Certificate of Zoning Compliance pennit' for any future use (excluding the existing home to be converted). . That vehicular access to this site shall be restricted to those approved by ITD and the City. Access to this site from Meridian Road shall be on an interim basis only and shall terminate within 6 months of alternate access being available to the site. EXHIBIT D Urwin Annexation Az..O5-009 Zoning Amendment Findings ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the , following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by City Council: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan mel, if not, has there been an application for a Comprehensive PIn amendment; The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Low Density Residential". In Chapter VII of the Comprehensive Plan, low density is defined as areas including single-family homes at densities of three dwelling units per acre or less. The applicant is not proposing a residential zone/use for this site. 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." City Council finds that the subject property has frontage on an arterial street (Meridian Road) and is less than 3 acres in size (1.06 acres). According to Resolution No. 04-0454, the subject parcel is eligible for an office use/zone, if the Commission and Council find the zoning is appropriate for this site. City Council finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (analysis is in italics below policy): . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal N, Objective D, Action item 2) , On the submitted conceptual plan, the applicant is proposing direct access to Meridian Road (SH 69). Other than Meridian Road, this site does not have frontage on any public street. City Council recommends that access to the site be provided from Meridian Road on an interim basis onlv. See comments from ITD and Special Considerations for further analysis. . "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) . Meridian Road is designated as an entryway corridor on the Comprehensive Plan Future Land Use Map. By City Ordinance, a 35-1001 wide landscape buffer is required adjacent to Meridian Road (MCC 12-13-10-4). A landscape bujjèr along Meridian Read will be required by the City with CZCICUPIPlat .approvaI. . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant is not specifically proposing to install any landscaping with the subject annexation application. In order to operate a commercial business on this site, the applicant will be required to construct landscaping along Meridian Road and the perimeter oj the site with CZCICUP/Plat approval. . "Permit new. . . commercial development only where urban services can be reasonably provided at the time offinal approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) This parcel is contiguous to the city via the church-owned 30-acre.s on the west side oj Meridian Road. Sanitary sewer and water are not available to this Darcel at this time. However, City Council believes that services will be available soon due to extensions of mains in connection with the Mussell Corner development (northeast corner of Victory Road and Meridian Road). The applicant will be required to connect to city services and run them to and through at such time that they become available. Sizing and routing to be coordinated with the City of Meridian Public Works department. . "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal I, Objeûlve B) City Council believes that the proposed zone, which allows office uses, does contribute to the variety of uses in this area. City Council finds that the new zoninfl to £-0 should be harmonious with and in accordance with the ComDrehensive Plan. as amended bv Resolution No. 04-454. B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a conceptual site plan. This site plan anticipates the conversion of the E. existing residence to a professional office. The site plan does not however, depict any future use for the remainder of the site (east). City CoWlcil does not anticipate that the applicant plans to rezone the subject property in the future if the subject annexation/zoning is approved, as additional office uses may be allowed. in the requested L-Q zone. Please see Finding "C". c. Is the area included in the ZODing amendment intended to be developed in the fashion that would be allowed uDder the Dew zoning -for example, a residential area turning into a colnmercial area by means of conditional use permits; City Council finds that a professional office on the western portion of this site would be a permitted use within the requested L-Q zone. As mentioned above, there is no proposed development plan for the remaining unimproved part of this site (east). City Council recommends that prior to expansion of the existing structure, or future development on this site, direct lot access to Meridian Road be abandoned. . D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, Dew railroad access been developed or planned or adjacent'area being developed in a fashion similar to the proposed rezone area; Surrounding uses cun-ently include rural residential properties to the north and west, a retail use to the south, and a vacant agricultural field to the west. As mentioned in the Surrounding Properties section above, there have been several recent developments up and down Meridian Road, between Victory Road and Overland Road. Some of these developments, Larkspur, Strada Bellissima, and Southern Springs are anticipated to develop with some similar (office) uses. Kuna-Meridian Road was recently widened to five lanes in this area by lTD. Overland Road was recently widened to five lanes, east of Meridian Road, by the ACHD. Victory Road is not scheduled by the ACHD for any improvements in the current Five Year Work Program or CIP. The intersection of Victory Road/Kuna- Meridian Road is ranked #2 on the highway district's prioritization list and is anticipated to be a signalized intersection in the near future. Although no adjacent parcels have been developed in the City, City Coll11cil finds that the proposed zoning is similar to other properties that have been developed/zoned in the general area. WiD the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate iD appearam:e with the existing or intended character of the general vicinity and that such use will Dot change the essential character of the same area; G. City Council fmds that the proposed office zone/use will change the existing character of the area, but that the proposed zone and future use(s) should be hannonious and appropriate in appearance with the character of the overall area. City Council fmds that any future uses. if designed, constructed and operated in accordance with adopted city ordinances, should be hannonious and appropriate in appearance with the intended character of the vicinity (as amended by Resolution No. 04-0454). Please see Finding "FU below for further analysis. F. Will the proposed uses not be hazardous or disturbing to. existing or future neighboring uses; Commercial/office vehicular access to this site could cause a potential disturbance/hazard to existing and/or future uses. ACHD and ITD consider access points in their analysis of development applications. Although the subject application is for annexation and zoning only, ITD has prepared a letter that recommends restricting access to Meridian Road for this site. This letter notes that access to this site does not meet ITD's spacing of approaches. However, because the parcel is otherwise landlocked, interim access may be allowed if other access is unavailable. City Council finds that if cross access between the subj ed property and the properties to the north and south is provided, the proposed use (and access) should not be hazardous to neighboring uses or traffic flows. The 2002 Comprehensive Plan Future Land Use Map designates the properties to the north, south and east of the subject property for low density residential uses. If an office zone/use is approved for this site, City Council believes that the properties to the north and south (with frontage on Meridian Road) could also request a non-residential zone/use in the future. If these adjacent property owners were anticipating low density residential uses and an office use/zone is approved, it may be considered disturbing to them. To allow for residential uses on the adjacent properties, as envisioned with the Comprehensive Plan, appropriate landscape buffers will be required on the perimeter of this site, as there are abutting uses (singlo-fà.mily and vacant) that are less..intense than uses allowed in the L-O zone (see MCC 12-13-12-4). City Council fmds 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 all development and landscaping ordinances are exercised. Will the area be served adequately by esseDdal public facilities aDd services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person respoDsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; I. Sanitary sewer and water are not available to this parcel at this time. However, City Council believes that services will be available soon due to extensions of mains in connection with the Mussell Comer development (northeast corner of. Victmy Road and Meridian Road). The applicant will be required to connect to city services and fWl them to and through at such time that they become available. Sizing and routing to be coordinated with the City of Meridian Public Works department. The applicant and/or future property owners will be required to pay any applicable park and highway impact fees as well as construct on.site stann water drainage facilities. ITO has sent recommendations to the City regarding access for this site. Please review the ITD comments at the end of this report for detailed infonnation regarding this fmding. On March 11, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received :trom 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 requiremeDts at public cost for pubüc facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infi-astructure, utilities and irrigation services to serve the project. Other required site improvements will be funded and constructed by the developer through the CZC/CUP/Subdivision approval process. The primary public costs to serve the future patrons will be fire and police facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any pen ODS, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; If the Bubject annexation and zoning application is approved,' the applicant intends to convert the existing residence to a professional office. City CoWlcil finds that any future uses on this site will generate additional traffic on adjacent roadways above and beyond the existing residence. The level of impact will depend upon the type of future use(s). City Council recognizes that traffic and noise will increase with the approval of this development; however, do to the size of the site (1.06 acres) City Council does 110t believe that the amount generated will be detrimental to the general welfare of the public. The purpose of the L-O zone is to '"pennit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses.. . shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall puipose oftbis District." (MCCII-7-2.G) As such, City Council does not anticipate future uses will create smoke, fumes, glare, or odors that will be de~mental to the general welfare of persons or property in the area. City Council does not anticipate the proposed annexation and subsequent use( s) will create excessive noise, smoke, fumes, glare, or odors. City Council finds that the proposed office zoning/use should not be detrimental to people, property or the general welfare of the area. MCC 11-16-4 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 to more fully comply with this fmding. Due to the high probability for redevelopment of the subject site, City Council believes that a Development Agreement is necessary to ensure that the purpose of the L-O zone is maintained. J. Will the area have vehicular approaches to the property which shall be so designed as Dot to create an interference with traffic on surrounding public streets; The applicant is conceptually proposing to construct one new driveway to Meridian Road. This driveway is located near the north property line, ITD has submitted a letter to the City stating that their policy for access to a Type IV Principal Arterial (SH 69) will be at intersections only, and spaced at one-half mile intervals in urban areas. lID allows approaches (other than intersections) in special cases and on a temporary basis. ITD's policy on approaches lessens the ability of driveways to create interference on the roadways. The conceptually proposed driveway to SH 69 for this site does not confonn to ITD's policy listed above for approaches on a Type IV roadway. Currently SH 69 has a posted speed limit of 55 MFR. Vehicles leaving this site ITom the proposed access point will be attempting to merge with, or cross, traffic that is going extremely fast. However, this parcel only has frontage on Meridian Road; it is otherwise landlocked. To obtain an access pennit to Meridian Road :trom ITO for a commercial/office use, the applicant wíll be required to provide cross access to the adjacent parcels (north and south) and the access will be allowed on a interim basis (until alternate access can be provided). Because there is currently a center turn lane on Meridian Road abutting this site; the anticipated office use will not be a significant traffic generator, and; the access L. will be temporary, City Council believes that the access point will not create significant traffic interference. Further, City Council finds that the least amount of interference to traffic on the surrounding public streets will occur if cross access between the subject property and the properties to the north and south are provided, and the proposed access point is removed once an alternate ingress/egress point is provided. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and City Council is W1aware of any natural of scenic features ofmajor importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. Any existing trees larger than 4" caliper that are removed shall be. mitigated for, per the Landscape Ordinance. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11.17.1992)" There have been several recent developments in this area, none have occurred adjacent to this site. If a nonAresidential use is approved for this site, City Council anticipates the properties to the north and south may also develop with non- residential/office uses and not low-density uses as envisioned with the Comprehensive Plan Future Land Use Map. NOTE: City Council has included Development Agreement stipulations for annexation and zoning of this property.