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
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CITY OF MERIDIAN
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Mayor T de Weerd
ATTEST• ,,: ~'~~ ®F`I~ I~®®j9''~,~'.
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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.
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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~
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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 -~---
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,,`~~ ~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)
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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
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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 _