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)
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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.
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DEVELOPMENT AGREEMENT (AZ.05.009 - MIKE AND GLORIA URWIN)
PAGE 10 OF 10
J~n 28 2005 3:18PM
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$. ~ ~ ~~ #~ '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. ' . '.. '
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Annexation and Zoning of 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 .
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EXHIBIT A
Urwin Annexation
AZ-OS-OO9
Legal Description
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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
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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.