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JJA Land AZ 09-005ADA COUNTY RECORDER J. DAYIO NAYARRO AMOUNT .00 ~ BOISE IDAHO 04107110 03:06 PM DEPUTY Vicki Allen RECORDED-REQUEST OF ~II II~I~~I'~II~~II~I~~~I~~~~~I~ ~~~ ~~~ City of Meridian i 10031366 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. JJA, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this_~~l'1^- day of ~ , 2010, by and between City of Meridian, a municipal corporation of the State f Idaho, hereafter called CITY, and, JJA, LLC whose address is 13601 W. McMillan Road, Suite 102, Boise, ID 83713, hereinafter called OWNER/DEVELOPER. RECITALS: 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, hereinafter referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awritten commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developerhas submitted an application for re- zoning of the Property described in Exhibit A, and has requested a designation of C-C (Community Business District), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT -JJA AIVt•1EXATION (AZ 09-005) PAGE I OF 11 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 22nd day of December, 2009, has approved City of Meridian Planning Department Staff Report, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Staff Report requires the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPERdeerns it to be in his best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, inconsideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT - JJA ArrlvExATiorr (AZ 09-005) PAGE 2 OF 1 ] 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to JJA, LLC, whose address is 13601 W. McMillan Road, Ste. 102, Boise, ID 83713, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned C-C (Community Business District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Future construction and development of the site shall comply with the standards listed in UDC 11-3A-19 and the objectives and guidelines of the Meridian Design Manual in effect at the time of development. 2. Certificate of Zoning Compliance, Design Review and Alternative Compliance applications are required if the applicant proposes a change of use for the existing single family home to anon-residential use. 3. One (1) Certificate of Zoning Compliance (CZC) may be issued for the portion of the property that is located south of the right-in/right-out access point to Linder Road provided the existing home is removed. Additional CZC's shall not be issued until a concept plan is submitted and approved for the subject property. A concept plan shall be reviewed with a future DEVELOPMENT AGREEMENT -JJA ArrrrExAT[oN (AZ 09-005) PAGE 3 OF 11 preliminary plat application. The following requirements shall apply to the development of the parcel: a. coordinate, design and construct the extension of W. Crossroad Street (public street) to Linder Road and stub a public street to the undeveloped parcel to the north (#50435449905) with ACHD and the City of Meridian. b. provide a 5' public access/recreational easement in favor of the City of Meridian measured from the back edge of 7-foot wide attached sidewalk starting at the western edge of the existing access on Ustick Road and continuing to the east property line. c. depict a 25-foot wide landscape easement along Ustick Road and Linder Road. 4. At the time of development for either portion (north or south) of the property, the applicant shall construct a 10-foot wide multi-use pathway beginning on the western edge of the existing access to Ustick Road, proceeding north/northwest connecting to the existing service road on ACHD's drainage site located at the western boundary. An easement shall be provided for public access to and maintenance of the pathways; contained within an easement agreement or noted on the plat. The City will not assume maintenance of the pathway until it connects from one major arterial road to another, unless otherwise agreed to by the Parks & Recreation Department. 5. The applicant shall be responsible for obtaining a Floodplain Development Permit and secure approval prior to any construction beginning on the site. 6. Development of the subject property shall comply with the C-C standards listed in UDC 11-2B-3 and the allowed uses in Table 11-2B-2. 7. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 8. The applicant shall be responsible for all costs associated with sewer and water service installation. 9. The applicant shall construct a 5-foot pathway within the subject property providing interconnectivity to the 10-foot pathway planned for the property along Ustick Road. The applicant shall provide a pedestrian circulation plan for review and approval by the Planning Department with the submission of a concept plan or the first CZC application. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owner/Developer or Owner's/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is DEVELOPMENT AGREEMENT - JJA ANNEXATION (AZ 09-005) PAGE 4 OF 11 effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT - JJA ArrlvExATtorr (AZ 09-005) PAGE 5 OF 1 l 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the 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/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at DEVELOPMENT AGREEMENT - JJA ANNEXATION (AZ 09-005) PAGE 6 OF 11 law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time 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 § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after DEVELOPMENT AGREEMENT - JJA ANNEXATION (AZ 09-005) PAGE 7 OF 11 deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: JJA, LLC 13601 W. McMillan,:ST~", laL ~1.~'1.~ Boise, ID 83713 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request ofOwner/Developer, to execute appropriate and recordable evidence of DEVELOPMENT AGREEMENT -JJA ArrivExnTioN (AZ 09-005) PAGE 8 OF 11 termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed 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/Developerand 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/Developerand City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT - JJA ANNEXATION (AZ 09-005) PAGE 9 OF 11 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. JJA, LLC Q_ ~: CITY OF MERIDIAN B Y• Mayor T de Weerd ATTEST• ,,: ~'~~ ®F`I~ I~®®j9''~,~'. F ~, O aycee L. olman, City Clerk = ~ ~„~~ 9~ ~~~ %,~ '9~ UST 1S'~ ' Q, ~•~. ,,~~~~,9 CDUldl~d •~a`a`v~ ''/~~//IIIIIIIillll~`, DEVELOPMENT AGREEMENT -JJA ANrTrE3c,4TION (AZ 09-005) PAGE 10 OF 11 STATE OF IDAHO, ) ): ss County of ) On this j q ~ day of i'/~~~'C ~ 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared ~as~p~r ~~ ~"~~'~~'~ known or identified to me to be the n') Peh b~.~ of JJA, LLC, and acknowledged to me that he executed the same on behalf of said corporations. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ~,~r P~~• Notary Public State of Florida ~-~ Andres Jose Oliv NO 1C O ~~ My Commission DD802961 ~o-~o~° t:Xareso~roano~2 esiding at: 1 !~I ; ° My Commission Expires: _~ STATE OF IDAHO ) ss County of Ada On this~~ day of , 2010, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~~~ ` ~- (SEAL) F+~~'A ~~ R~q Q ~ '~ ~10Tw~,} ~ ~~i w~ ~Lei,tC O A~ 4F 10 ~, tary Public for da esiding at: Commission expires: 3313`1 a~ DEVELOPMENT AGREEMENT -JJA Ai`1A1Exa~TTON (AZ 09-005) PAGE 11 OF 11 Exhibit A. Legal Description a 5 ~ ~ ~ Professional Engineers, Land Surveyors and Planners 374 Badiola St. Caldwell, ID 83605 . '~'~ ~ "` ~ ~~ ~nc. Ph (208) 454-0256 Fax (208) 454-0979 e-mail: dhoizhev~~riser~i~+,us FOR: RMC IOB NO.: MY 170R DATE: July ] 0, 2009 ANNEXATION DESCRIPTION A parcel of land being a portion of the SEl /4 SEl/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County Idaho, more patticWarly described as follows: BEGINNING ai the southeast corner of said SEI/4 SE1/4; Thence N 89° 14' 48" W a distance of 390.01 feet along the south boundary of said SE114 SE1/4 to a point; Thence N 00° 15' 04" E a distance of 657.58 feet parallel with the east boundary of said SE1l4 SE114 to a point; Thence S 89° 17' 36" E a distance of 390.01 feet to a point on the east boundary of said SE 1!4 SEl/4; Thence S 00° 15' 04" W a distance of 657.90 feet along said east boundary to the POINT OF BEGINNING; This parcel contains 5.889 acres more or less. ' , i'' VAL~ REVI 3Y AUG 2 5 2tm9 M WORKS DEPT C tvtAS(N16 rJTAM°iCt.D.ING C111',IVLCR,S .Si'JRVLYC~'Z561'LANNGYS Ppetofl Exhibit A E,~h~~hr~T ~j RECFTVF~ DEC 1 6 20~ ciTY oFC~' ,u;., CITY CLERKS OFFICE CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN*,--- AND DECISION & ORDER I D A N O In the Matter of the Request to Annex and Zone 5.89 Acres from RUT (Ada County) to C- C (Community Business District) Zoning District, by JJA, LLC Case No(s). AZ-09-005 For the City Council Hearing Date of: December 8, 2009 (Findings on the December 22, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 8, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 8, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 8, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 8, 2009, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of .1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all cun:ent 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-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-09-005 -1- 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and Development Agreement in the attached Staff Report for the hearing date of December 8, 2009, incorporated by reference. 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 § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation as evidenced by having submitted the legal description and exhibit map stamped and dated July 10, 2009 by Darin Holzhey, PLS, is hereby conditionally approved; and, 2. A Development Agreement is required with approval of the subject annexation and shall include the provisions noted in the attached Staff Report for the hearing date of December 8, 2009, incorporated by reference. D. Attached: Staff Report for the hearing date of December 8, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-09-005 -2- By action of the City Council at its regular meeting held on the 7i day of '~.C,p,ti.,.~r.(~~, 2009. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED VOTED VOTED_~ VOTED__ t {~ VOTED ~- ~ c:'c ~ . 2 -~--- ,,~''' ~ - ` ,~0~2 ,,`~~ ~y ,y~~0ur?f'~K, aLl~it4 Attest: =~ ~' ~ ~ tF J o sE~L ~~ aycee H an, City Clerk ~~ .9 t ts~ • ~ ~ ,~~` ''~~J'O9 ~l/NT`I . ~P ~~`~. Copy served upon Applicant, The P1~aiiffitlg~Dt~i ~\artment, Public Works Department and City Attu By: Dated: ~~"`~3 -~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-09-0OS -3- STAFF REPORT Hearing Date: December 8, 2009 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: AZ-09-005 -JJA E IDIAN~~-~- IDAFtA This item has been continued since the October 1, 2009 hearing. Staff and the applicant have worked together to modify several of the DA provisions that are recommended as part of the annexation approval All parties are now in agreement and the following DA provisions: 2, 3, 4 and 9 have been updated accordingly in Exhibit B below I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, JJA, LLC, has applied to annex and zone 5.89 acres from the RUT zoning district in Ada County to the C-C (Community Business District) zoning district in the City. Currently, there is an existing home on the property that is connected to city services; thus the request for annexation. At this time, the applicant is not proposing any development for the site. II. SUMMARY RECOMMENDATION Staff is recommending approval of the proposed annexation based on the Findings of Fact and Conclusions of Law in Exhibit D with the requirement for a Development Agreement to include the provisions noted in Exhibit B of the staff report. The Meridian Planning & Zoning Commission heard this item on November 5, 2009 At the public hearing the Commission voted to recommend approval of the subiect AZ request a. Summary of Commission Public Hearing• i. In favor: Scott Stanfield ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application• None b. Key Issue(s) of Discussion by Commission• i. None c. _Key Commission Change(s) to Staff Recommendation• i. None d. Outstanding Issue(s) for Citv Council: i. None i. ummarv of itv .o uncil Pub i Hearin y favor: Scott St anfield fAppli an 'c Representativ 1 ji, In opposition: No ne jjj. Commenting: No ne lY. Written testimon y: None y~ toff presenting a pplication: nna annin Yi. Other staff comm enting on apnli ation: None JJA Annexation PAGE 1 h, ev Iccu c of Di nssion by o .n il• L f the a istlnu hom from a re id ntial use to nan r gj~gp,~al ASP ~. Kev CoLnc~l C'han~gs_to Staff/Comm~ccton Re omm ndation L )fie III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-09- 005, as presented in the staff report for the hearing date of December 8, 2009 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-09-005, as presented during the hearing on December 8, 2009, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Number AZ-09-0OS to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) l V. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject annexation area is located on the northwest comer of W. Ustick Road and N. Linder Road in the SE '/. of Section 35, Township 4 North, Range 1 West. B. Owner(s): JJA, LLC 13601 W. McMillan Road; Suite 102 Boise, ID 83713 C. Applicant/Representative: Scott Stanfield, Mason & Stanfield, Inc. 314 Badiola Street Caldwell, ID 83605 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter S B. Newspaper notifications published on: September 14 and 28, 2009 (Commission); November 16 and 30.2009 (Gifu Council) C. Notices mailed to subject property owners on: September 11, 2009 (Commission); November 12, 2009 (Gifu Councill D. Applicant posted noticed site on: September 21, 2009 (Commission); November 28, 2009 (Gifu Council ])A Annexation PAGE 2 VI. LAND USE A. Existing Land Use(s) and Zoning: A single family home (used for an office) exists on the site and will be removed when future commercial development occurs on the site. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This property is surrounded by residentially zoned land in the Windsong Subdivision and rural residential property. 1. North: Rural residential property, zoned RUT in Ada County 2. East: Rural residential property and Agricultural land, zoned RUT in Ada County 3. South: Ada County Highway District Parcel, zoned R1 in Ada County 4. West: Platted but undeveloped single-family residential, zoned R-8 C. History of Previous Actions: In 2005, the parcels proposed for annexation were part of the City's Comprehensive Map amendment for North Meridian (CPA-OS-004) which changed the land use on the subject property to a Mixed Use-Community designation. D. Utilities: 1. Public Works: a. Location of sewer: Service is located in W Crosswind St. b. Location of water: Service is located in W Crosswind St c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Creason Lateral transverses the subject property however, the canal was tiled as part of the Linder/Ustick Road intersection improvements. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: Small portion of the southwest corner is in the flood plain. F. Access: Three access points were approved for this site with the Linder Road -Ustick Road intersection project. One full access driveway onto Ustick Road approximately 200-feet west of Linder Road and one right-in/right-out only driveway onto Linder Road approximately 350-feet north of Ustick Road were approved and constructed with the intersection project. Another full- access driveway onto Linder Road approximately 570-feet north of Ustick Road was approved with the intersection project, but has yet to be constructed. Further, W. Crossroad Street is stubbed along the western boundary and was constructed the Windsong Subdivision. The extension of the public street (W. Crossroad Street) through the site will be addressed and reviewed with a future development application. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated as "Mixed Use Community (MU-C)" on the Comprehensive Plan Future Land Use Map. "Generally, the mixed-use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual site plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The intent of the MU-C designation allows up to 25 acres of non-residential uses, up to 200,000 square feet of non-residential building area, and residential densities of 3 to 15 units per acre. This category includes uses such as grocery stores, drug stores, coffeeJsandwich shops, dry JJA Annexation PAGE 3 cleaner/Laundromat, professional offices, retaiUgift shops, clothing stores, garden centers, restaurants, banks, drive-through facilities, auto service stations, department stores, medicaUdental clinics, schools, parks, churches, public uses, clubhouses, hardware stores, salons, public uses and daycares. The applicant is proposing to zone the property C-C (Community Business District), which is consistent with the MU-C land use designation. At this time, commercial development is not planned for the subject property; however with the diversity of uses allowed in a C-C zone, Staff believes future commercial uses will generally conform to the stated purpose, intent, and standards of the MU- C land use category within the Comprehensive Plan. Staff fmds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed commercial nature of this property (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner.• - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by Meridian Building Services, Meridian Public Works Department, Meridian Water Department, Meridian Wastewater Department, Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. "All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians." The residential development to the west of this property has provided vehicular and pedestrian access to this site via a public street. Staff believes extending this street through the development in the future will provide connectivity between the two properties. Staff is also recommending the applicant provide a stub street to the undeveloped parcel to the north for interconnectivity with said parcel as well. Further, the City's Master Pathways Plan calls fora 10-foot wide pathway along Ustick Road and the east side of Linder Road. Staff believes the extension of the sidewalks along the public street will provide pedestrian access to the future commercial development and the City's future pathway planned along Linder Road. In addition staff believes, the applicant should provide a S foot wide pathway within the 25 foot landscape buffer adjacent to the western property boundary to facilitate pedestrian connectivity to the 10-foot pathway planned along Ustick Road. JJA Annexation PAGE 4 • Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." The site is located adjacent to land that is developed or planned for low and medium density residential uses. In 2005, the subject site was part of the City's initiated Comprehensive Map Amendment. This parcel was envisioned to develop with neighborhood commercial to provide services to the surrounding residential neighborhoods. Once actual development is proposed for the site, staff will ensure the site is developed in a fashion consistent with the guidelines in Meridian Design Manual and the applicable standards of the Unified Development Code. ~ Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on collators and arterial streets." The applicant did not submit a concept plan with the subject annexation application. Without having a plan to evaluate; access cannot be adequately addressed. A site visit revealed the existing home on the property takes access from Ustick Road. Two other access points were granted by ACHD. A right-in/right-out access point has been constructed along with the aforementioned access to Ustick Road. Another full access point has been granted by ACHD approximately S70 feet from the intersection, not yet constructed and may serve as a connection point for the future roadway from the Windsong Subdivision. As mentioned earlier, a public street is stubbed along the western boundary for future connectivity. Staff believes the stub street (W. Crossroad Street) should be extended through the site to provide future connectivity with LinderRoad. A public street should also be stubbed to the northern undeveloped parcel for future interconnectivity and alleviate the need for further accesses onto Linder Road. If this public street is extended through the site; access may be facilitated from a local street in accordance with UDC 11-3A-3. Note: UDC 11 -3A-3 restricts access to collector and arterial streets if local street access is provided unless waived by City Council Future access points to Linder Road, the extension of W. Crossroad Street through the site and the northern stub street will be addressed and reviewed with a future development (preliminary plat) application. Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." Linder Road and Ustick Road are classified as arterial roadways. The UDC requires a 25- foot wide street landscape buffer adjacent to these roadways when development occurs. Chapter V, Goal ID, Objective D, Action 5 - "Require all commercial businesses to install and maintain landscaping." In addition to the required street landscape buffers, planter islands and S foot landscape bu, fj`ers are required adjacent to drive aisles and parking. Further the property abuts residential property on the northern and western boundaries. Per the UDC the applicant shall construct a 25 foot wide landscape bufj`er adjacent to said boundaries when development is proposed for the site. Chapter IV, Goal I, Objective A, Action - "Permit new... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." Currently, the existing home on the site is connected to city services. City services are readily available when commercial development is proposed for the site. JJA Annexation PAGE 5 • Chapter VII, Goal 1, Objective B - "Plan for a variety of commercial and retail opportunities within the Impact Area." Although commercial development is not proposed, Staff believes that the proposed zoning district (C-C) permits a variety of uses that may compliment the mix of uses existing and planned for the area which include: professional oj~ces, retail, restaurants, daycare center and a convenience store and fuel facility. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the C-C district is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four (4) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Zoning Schedule of Use Control: UDC 11-2B-21ists uses that are principal permitted (P), accessory (A), and conditional (C) or prohibited (-) uses within the proposed C-C district. C. Dimensional Standards: Dimensional Standards: Development of the site proposed to be zoned C- C shall comply with the dimensional standards of the C-C district listed in UDC Table 11-2B-3. D. Landscaping: 1. Width of street buffer(s): A 25-foot wide street landscape buffer will be required adjacent to Ustick Road and Linder Road, designated arterial roadways, in compliance with the standards listed in UDC 11-3B-7C. 2. Width of buffer(s) between land uses: A 25-foot wide landscape buffer will be required adjacent to residential uses upon development of this site, in compliance with the standards listed in UDC 11-3B-9C. 3. Percentage of site as open space: NA 4. Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11-3B-8C. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recornrnendation: The request is to annex and zone 5.89 acres of land from the RUT zoning district in Ada County to the C-C zoning district in the City. At this time, the applicant is not proposing to development the site. However, there is an existing home on the property which is currently connected to city services. Upon commencement of the intersection construction, it was discovered the private well for the home site was located within the acquired right-of--way. This discovery has facilitated the need to annex this site into the City as the existing home is using city services. The annexation legal descriptions submitted with the application (stamped on July 10, 2009 by Darin Holzney, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Dimensional Standards: The applicant is requesting a C-C zoning district for the site. Future development of the site must comply with the dimensional standards for the C-C zoning district listed in UDC Table 11-2B-3. In addition, the applicant must comply with the allowed uses in the C-C district outlined in UDC table 11-2B-2. Access: Three access points were approved by ACHD for this site with the Linder Road -Ustick Road intersection project. One full access driveway onto Ustick Road approximately 200-feet JJA Annexation PAGE 6 west of Linder Road and one right-in/right-out only driveway onto Linder Road approximately 350-feet north of Ustick Road were approved and constructed with the intersection project. The other full-access driveway onto Linder Road approximately 570-feet north of Ustick Road was approved with the intersection project, but is not constructed. In addition, a public street is stubbed along the western boundary for future connectivity. Staff believes W. Crossroad Street should be extended through the site that connects to Linder Road and a stub street should be provided to the undeveloped parcel to the north. Staff is recommending with future preliminary plat submittal, the applicant depict the extension of W.Crossroad Street to Linder Road and a stub street to the northern property. Cross access for the property will be reviewed with a future plat submittal as well. Meridian Pathways Master Plan: The City's Master Pathways Plan has identified this site as having the potential to extend the pathway network along Ustick Road. With the intersection improvements, a 7-foot wide attached sidewalk was constructed along Ustick Road instead of a 10-foot wide pathway prescribed by the Meridian Master Pathways Plan. At this time, the Parks Department is not requesting the sidewalk be extended to 10 feet. However there are future commitments the Parks Department is recommending to facilitate the construction of the pathway. The first recommendation is to construct a 10-foot wide multi-use pathway beginning on the west edge of the existing access to Ustick Road, proceeding nortWnorthwest connecting to the existing service road on ACHD's drainage site located at the western boundary. The other recommendation is to provide a 5' public access/recreational easement in favor of the City of Meridian measured from the back edge of sidewalk on Ustick starting at the west edge of the existing access on Ustick Road and continuing to the east property line. The reason for this easement is so the City has the ability to expand the sidewalk to 10 feet in the future. Staff is recommending this pedestrian easement by depicted with future preliminary plat submittal. Certificate of Zoning Compliance (CZC) and Design Review (DES): The annexation of this property is not subject to Design Review and the applicant has not submitted a concept plan depicting how this site may develop. Since the applicant is requesting a C-C zoning district, it is likely the site will develop with future commercial uses. The UDC requires CZC and DES approval for all new commercial developments within the City limits. In addition, the site is developed with a single family home. UDC 11-2B-2 does not list detached single family homes as a conditional or principally permitted use in the C-C zoning district. If the subject annexation request is approved, the existing home on the site becomes anon-conforming use. However UDC 11-1B-4 states anon-conforming use may continue provided the use remains lawful and is not expanded or extended unless approved through the conditional use process. The applicant has communicated to staff the home is being used for an office but has not been approved by the City for an office use. If the applicant wishes to use this home for an office in the interim, staff is recommending the applicant submit CZC, DES and ALT applications for a change of use on the site. Please refer to the landscape section below for analysis regarding the alternative compliance application. With the exception of the existing home, staff is recommending a DA provision that prohibits the issuance of future CZC's until the property is subdivided in accordance with the standards listed in the UDC and a concept plan is attached as an Exhibit in the development agreement. Landscaping: Linder Road and Ustick Road are classified as arterial roadways. By City Ordinance, a 25-foot wide street landscape buffer is required adjacent to these roadways. JJA Annexation PAGE 7 Conformance with the street landscape buffer standards listed in UDC 11-3B-7C will be evaluated with a future plat submittal. However, the existing home on the site prohibits conformance with the aforementioned dimensional standards of the district due to the intersection improvements. If the applicant wishes to use the existing home for an office, alternative compliance is necessary to facilitate the approval of the reduced street buffers until such time as the home is removed and commercial development is proposed for the site. The applicant will be required to comply with the paving, parking and parking lot landscaping requirements in accordance with the UDC to establish the office use on the property. Further the property abuts residential property on the northern and western boundaries. By City Ordinance the applicant shall construct a 25-foot wide landscape buffer adjacent to said boundaries when development is proposed for the site. In addition, staff is recommending the applicant construct a 5-foot wide pathway within the 25-foot wide landscape buffer adjacent to the western boundary to provide pedestrian connectivity to the 10-foot pathway planned for the property along Ustick Road. Floodplain: A portion of the site (southwest corner of the site adjacent to Five Mile Creek) is within a flood plain. Public Works is requiring the applicant submit a Floodplain Development Permit and secure approval before any construction can begin. The applicant shall coordinate with the Floodplain Administrator to verify requirements. Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. If the Commission or Council feel that additional development agreement provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Please see Exhibit B for a list of DA provisions applicable to this site. In summary, Staff is supportive of the Applicant's proposal to annex this site with a C-C zoning designation with the recommended DA provisions listed in Exhibit B of this report. X. EXHIBITS A. Drawings 1. Vicinity Map (Zoning & Aerial) B. Comments/Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Annexation Legal Description & Exhibit Map D. Required Findings from Unified Development Code JJA Annexation PAGE 8 A. Drawings 1. Vicinity Map (Zoning & Aerial) 3711 3712 3713 ~ .,-, ~ ,~, _ 3704 3715 3708 V N I~ V .3660 3661 ~ ~ ~ ^ °~ '3688.,. 3659 H ro ~0 3650 ro BRI GETOWER CROSSING' NO' 14' ~ ~ 3632 3678 $ a a1 1 .O u~ s '~ ,~q'~ rn o w ~ ~ ' ^ ' ~ 1S s w ,~q9 ~~ ~ ~ ~ ~ , e - b ~ A ~~ L ^a ~, , ~. W WINDSWEPT DR' ~' k~~ "' ~ ~ ~ .3561 ~I~; L ~ ~ 1901 1809 ~~ my ~9g2 3539 W ~ ~ 1966 R-g Q 3518 ~ °*. r, ? Z .3517 , Q o ~ 3506 Z 3496 3435 I '~` c ~' 3 fW.. ~ ~ ? 3484 ,r 950 Q W 3474. ~~ :, ~'~~ 3 O 3468 ~ 3452 1t ~' `x o Q ~ u0 3446 '~{ '~. ~~ F; N I- 3430 3. '' ` °~ ~ 3424 ~ Z 3408 Z 3402 3397 Y:~~~s~=, 01a ti ~~Qb 3367 3356 3373 W CRO$$WIND S 3345 3351 3360 3323 (~/ 1779 33?i ' .3328. a ~ ~I ND DRIFTS 333 3 ~ ~ ~ ~ T ~9p m v ~ .331 ~~, ~. ~, ~~ F 3 ~~'x f .., h ^ W Y Sh ~A.T T ~ r Nl .. E y,: xi y .. ., .~,... u .. ~~., ~..h ,~W USTICK:RI]>~~•x ,n ` 3730 R-4 - .__- -`--- _ p ~ ~j - 0 00 W PEBBLESTONE ST ; ~ r p ~ ~O N O~ .O M O ,~.` ' ~ a rn m m a .0 3098 ~ ~g ~, F ~~ o`'~ o W PARKSTONE ST ° 30~° J,o ~ ~ ~ .. ' r~~° ,~ y b~ ~~ w C ~ ; w, c 1 3oz7 ~ a ~ ~ ~ R-4 sA ~° ~ ~~, ~~ ~. ~~ .~ 2 9y '~°~ ~ "~, 3 ~ 3 3 O W WHITESTONE CT ~ ~ ~ ~F ~ 'O Z '~ w ~ 8 ,~q9 fit- 299`' r' ' j,ti p ~ ~ ~ 7~ 2977 9L a 2973 2974, ` ~~„. ` O~ 8 N ~ _ ~ ~ ~ ~ 7879 7 73 ti9yy 2950 - * { ~ ~~~~ '~ ~ t; j 2948 2951 r ., ~, , .~~ 0 2926 ~ ; ,,. O yy T(1 ~ - Z Me~E CREEK pR ' W TUMBLE CREEK DR ~ ~ 2884 ~"' ~ .`~: f.' Exhibit A - 1 - B. Comments/Conditions of Approval On September 10, 2009, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, Meridian Parks Department and Meridian Police Department. Staff has included all comments and recommended actions in the attached Exhibit B. 1. PLANNING DEPARTMENT 1.1 The legal description for the proposed annexation submitted with the application (prepared on July 10, 2009, by Darin Holzhey, PLS) shows the property within the existing corporate boundary of the City of Meridian (see Exhibit C). 1.2 A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office, 898-5506, within one yeaz of Council approval to initiate this process. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: 1. Future construction and development of the site shall comply with the standazds listed in UDC 11-3A-19 and the objectives and guidelines of the Meridian Design Manual in effect at the time of development. 2. Certificate of Zoning Compliance, Design Review and Alternative Compliance applications are required te-)~e-sabmi#ed if the applicant proposes a to t~~plenning ~ -~:~",~~~ change of use for the existing single family home to anon-residential e€f~ee use. 3. r-°"°r. ` - ``'° °°'"'''~'"-", One (1) Certificate of Zoning Compliance (CZC) may be issued for the portion of the property that is located south of the rieht in/right-out access point to Linder Road provided the existing home is removed Additional CZC's shall not be issued until a concept plan is submitted and approved for the subject property A concept plan shall be reviewed with a future preliminary plat application ~~~ '""' `'' rY'==~~a The following requirements shall apply to the development of the parcel: a. coordinate. design and construct the extension of W.Crossroad Street (public street) to Linder Road and stub a public street to the undeveloped parcel to the north (#S0435449905) with ACRD and the City of Meridian b. provide a 5' public access/recreational easement in favor of the City of Meridian measured from the back edge of 7-foot wide attached sidewalk starting at the western edge of the existing access on Ustick Road and continuing to the east property line. c. depict a 25-foot wide landscape easement along Ustick Road and Linder Road. 4. At the time of development for either portion (north or south) of the propertv the applicant shall construct a 10-foot wide multi-use pathway beginning on the western edge of the existing access to Ustick Road, proceeding north/northwest connecting to the existing service road on ACHD's drainage site located at the western boundary. An easement shall be provided for public access to and maintenance of the pathways; contained within an easement agreement or noted on the plat. The City will not assume maintenance of the pathway until it connects from one major arterial road to another, Exhibit B unless otherwise agreed to by the Parks & Recreation Department. 5. The applicant shall be responsible for obtaining a Floodplain Development Permit and secure approval prior to any construction beginning on the site. 6. Development of the subject property shall comply with the C-C standards listed in UDC 11-2B-3 and the allowed uses in Table 11-2B-2. 7. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 8. The applicant shall be responsible for all costs associated with sewer and water service installation. 9. The applicant shall construct a 5-foot pathway within the subject property providing interconnectivity to the 10-foot pathway planned for the property along Ustick Road. The applicant shall provide a pedestrian circulation plan for review and approval by the Planning Department with the submission of a concept plan or the first CZC application 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works comments for development will be issued during the Preliminary Plat phase. 3. FIRE DEPARTMENT 3.1 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved tum azound. Phasing of the project may require a temporary approved tum around on streets greater than 150' in length with no outlet. 3.2 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.3 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.4 Insure that all yet undeveloped pazcels are maintained free of combustible vegetation. 3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route azound the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.7 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. Exhibit B _ 2 - 3.8 COMII~RCIAL AND INDUSTRIAL -Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or azea to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access. road when all buildings aze equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. PARKS DEPARTMENT 5.1 Prior to/at the time of development, the applicant shall: A. Construct a 10' multi-use pathway from the sidewalk (on Ustick) proceeding north/northwest to connect to the existing service road on ACHD's drainage site. The pathway shall begin on the west edge of the existing access to Ustick and extend to the west property line. B. DedicateJdonate a 5' public access/recreational easement from the back edge of sidewalk starting at the west edge of the existing access to Ustick Road and continue to the east property line. 6. SANITARY SERVICES COMPANY 6.1 SSC did not submit comments on this application. 7. ADA COUNTY HIGH WAY DISTRICT STTE SPECIFIC CONDTTIONS OF APPROVAL This application is for annexation and rezone only. Listed below are some of the site speciftc conditions that the District may ident~ when it reviews a future development application. The District may add additional site speck requirements when it reviews a specific redevelopment application. 7.1 Construct 5-foot wide detached concrete sidewalk located no closer than 41-feet from the centerline of Linder Road abutting the site where it does not currently exist. 7.2 Extend Crosswind Street into the site from the site's northwest corner, and stub it either to the north property line or to the approved access location on Linder Road approximately 570-feet north of Ustick Road. If Crosswind Street is stubbed to the north property line, install a sign at the terminus stating that, "THIS ROAD WH..L BE EXTENDED IN THE FUTURE." If Crosswind Street is extended to Linder Road, dedicateright-of--way all the way to the north property line. 7.3 Construct Crosswind Street as one of the following: a. A 40-foot commercial street section with vertical curb, gutter and minimum 5-foot wide sidewalk on both sides. b. Ahalf-street section with 24-feet of pavement, vertical curb, gutter and minimum 5-foot wide concrete sidewalk on the south side, and a 3-foot wide gravel shoulder and drainage swale on the north side. 7.4 Construct Crosswind Street to commerciaUindustrial street standards if it provides any access to the site. 7.5 Construct a site driveway, no wider than 36-feet, onto Crosswind Street. Pave the driveway its full width at least 30-feet into the site. Exhibit B _ 3 - 7.6 Utilize the existing full access driveway onto Ustick Road located approximately 200-feet west of Linder Road (measured near edge to near edge). Pave the driveway its full width at least 30-feet into the site from Ustick Road. 7.7 Utilize the existing right-in/right-out ONLY driveway onto Linder Road located 350-feet north of Ustick Road (measured near edge to near edge). Pave the driveway its full width at least 30-feet into the site from Linder Road. Install a concrete median on Linder Road to restrict this driveway to right-in/right-out ONLY. 7.8 jIf not utilized as a public street per item 2] Construct a full access driveway onto Linder Road, no wider than 36-feet and located 570-feet north of Ustick Road (measured near edge to near edge). 7.9 Enter into a license agreement for any landscaping located within ACHD right-of--way abutting the site. 7.10 Other than access specifically with this application, direct lot access to Linder Road and Ustick Road is prohibited. 7.11 Comply with all Standard Conditions of Approval. 7.2. STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Exhibit B _ 4 _ Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B . 5 C. Legal Description & Exhibit Map asap ~, 1'rotessional Engineers. ~ S ar«i jj,, ~~ ~,,,~ 3t4 Badiola St, Caldwell, ID 83605 E.C~ ~ 1 0 ~.. /~f.b, ~nc. Ph (208j 454-0256 Fax (206} 4,~i4-0979 e-mail: dholzlmy(rt nsene FOR RMC JOB NO.: MYI708 DATE: July ]0, 2009 ANNEXATION DESC'WT'770N A Parcel of land being a portion of the SEl/4 SEl/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada Cotmty Idaho, snore Particularly described as follows: ~G>N~G at the southeast comer of said SEl/4 SEl/4; Thence N 89° 14' 48" W a distance of 390.01 feet ato®g the gp~ a point; boundary of said SEl/4 SEl/4 to Tbeace N 00° 15' 04" E a distance of 657,58 feet psraUel with the cast SEl/4 to a pout; bO11Od~'Y of said SEl/4 Thence S 89° 17' 36" E a distance of 390.01 feet to a point on the east boundary of said SEI/4 SE]/4; 'T'hence S 00° 15' 04" W a distance of 657.90 foes along said east botmdary to the pprn.l. OF BECINNNIIKG: This parcel contaia4 5.889 acrGV morn or leas REV-Z~~~~~`~"- gY A1l6 2 ~~ M WORKg t)EP'LC MJ1.50P1 ~ST~nr[t.D.ING ~'~.SCattzYta[Ss/~,gMyC~ t~ttt Exhibit C - - - ~ ~ .wry EXH/B/T 4 ~ aD b ~ } eY~~ ~' r i ri A aaev aivN ~ ~ ~ O p ~~ I i(r AUG 2 52009 z( 3; i W MERtD1AN PUBLIC ~ h WORKS DEPT. ~ r O~ ~ NI P ~ ~ n i I i ~ I ' . i I PaNr a~ s ~ USACK ROAD_ BEGINNING ~ - - - - --- - - - ~ _ _ N89'14'48"Iry' 390__01' ~a'~e-w _ '_'_ - - - -- - -.xS F ~/~ Cor. Sse, J3 _ _ _ S89'17'36"E ~ ~ ---- ' ~---~ 390.01 ~ ~ t ~ I ,i ' ~ ~ I I ' ~ ~ I I ~ 1 ' I~ ~ I ~i ~~ o ;W ~ rn wMYlJ1A1iOM1 M111~ 7!E C/-YOi Amory a.ra rrt7or - _ anon" ~ ~ `"' 'iO'01 rr«.o. Exhibit C _ 2 _ D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to annex and zone the subject property with a C-C zoning district. If the applicant complies with the DA provisions, the Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan for the Mixed Use-Community designation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fmds that the proposed map amendment to C-C will provide services for residents in this area of the city, consistent with the purpose statement for the commercial districts. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (iJDC 11-SB-3.E). The Council finds that Annexation and Zoning of this property to a C-C zoning district is in the best interest of the City if a development agreement is entered into between the City and the property owner. Exhibit D _ i _