Cortabitarte AZ 03-026
PARTIES:
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHD 03112/04 11:19 AM
DEPUTY Kathv Ingraham
RECORDED-REQUEST OF
Meridian
AMOUNT .00
34
1111111111111111111111111111111111111
104027941
DEVELOPMENT AGREEMENT
1.
2.
City of Meridian
Jack G. Cortabitarte, Personal Representative of the Estate of Jess
J. Cortabitarte, Owner
THIS DïVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 2tJL day of 6/7,(..((A.. , 2004, by and between CITY OF
MERIDIAN, a municipal corporation of the tate ofIdaho, hereafter called "CITY', and
JACK G. CORTABITARTE, Personal Representative of the Estate of Jess J.
Cortabitarte, whose address is 3115 Crescent Rim Drive, Boise, Idaho 83706, hereinafter
called "OWNER".
1.
RECITALS:
1.2
1.3
1.4
1.5
1.1
WHEREAS, "OWNER" is the sole owner, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described
in Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the "Owner" make a written commitment concerning the use
or development of the subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
WHEREAS, "Owner" has submitted an application for annexation
and zoning of the "Property's" described in Exhibit A, and has
requested a designation of (C-G) General Retail and Service
Commercial District and (I-L) Light Industrial District, (Municipal
Code of the City of Meridian); and
WHEREAS, "Owner" made representations atthe public hearings
both before the Meridian Planning & Zoning Commission and
DEVELOPMENT AGREEMENT (AZ-O3-026)
PAGE 1 OF 1
1.9
1.9
before the Meridian City Council, as to how the subject "Property"
will be developed and what improvements will be made; and
1.6
WHEREAS, record of the proceedings for the requesled
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 27 dayofJ"dnUfi/¿j , 2004,
has approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached
hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as (the "Findings"); and
1.8
WHEREAS, the Findings require the "Owner" to enler into a
development agreement before the City Council takes final action
on annexation and zoning designation; and
"OWNER deems it to be in its best interest to be able to enter into
this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and requests; and
WHEREAS, "City" requires the "Owner" 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 ofthis development
agreement, herein being established as a result of evidence
received by the "City" in the proceedings for annexation and
zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected property
owners and to ensure annexation and zoning designation is in
accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and the
Zoning and Development Ordinances codified in Meridian City
Code Title 11 and Title 12.
DEVELOPMENT AGREEMENT (AZ-O3-026)
PAGE 2 OF 2
NOW, THEREFORE, in consideration 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:
3.1
3.2
3.3
4.
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision ofthe state ofIdaho, organized and existing by virtue
oflaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
"OWNER": means and refers to Jack G. Cortabitarte, Personal
Representative of the Eslate of Jess J. Cortabitarte, whose address
is 3115 Cresent Rim Drive, Boise, Idaho 83706, the parties owning
said "Property" being developed and shall include any subsequent
owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned C-G and I-L attached hereto and by this reference
incorporated herein as if set forth at length.
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 City
Code Section 11-7-2 (K and N) which are herein specified as follows:
It is the applicant's intent to use the rear (I-L) portion of the
property as aparking lot expansion for Food Services of
America, which is immediately east of the property. The front
DEVELOPMENT AGREEMENT (AZ-O3-026)
PAGE 3 OF 3
(C-G) portion will remain undeveloped until sewer is available to
the property.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner" has submitted to
"City" an application for conditional use permit, and shall be required to obtain Ihe
"City's" approval thereof, in accordance to the City's Zoning & Development Ordinance
criteria, therein, provided, prior to, and as a condition of, the commencement of
construction of any buildings or improvements on the "Property" that require a
conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A
"Owner" shall develop the "Property" in accordance with the following
special conditions:
ANNEXATION AND ZONING CONDITIONS:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department, as
modified by the Planning & Zoning Commission, as follows:
. All future uses within the boundaries of this annexation can only be approved
through the Conditional Use Permit process.
. The existing residential use may continue as a legal nonconforming use until such
time as sanitary sewer service is available to the property and at that time the
residential use of the building shall cease.
. The CoG area shall remain undevelopable until sanitary sewer service is available
to the property.
. Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service, per City Ordinance Section 5-7-517,
when services are available from the City of Meridian. Wells may be used for
non-domestic purposes such as landscape irrigation.
. Any other conditions desired by the Council.
DEVELOPMENT AGREEMENT (AZ-O3-026)
PAGE 4 OF 4
6.
7.
B.
Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1.
Upon the receipt of a development application in the future for this site the District
intends to add conditions of approval that apply to this site.
2.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
I.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3.
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.
4.
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.
5.
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 ofIdaho shall prepare and certify all
improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or otherrequired permits), which incorporates any required design
changes.
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.
DEVELOPMENT AGREEMENT (AZ-O3-026)
PAGE 5 OF 5
C.
8.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9.
It is the responsibility of the applicant to verify all existing utilities within the right-
of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLINE (I -800-342- 1585) at
least two full business days prior to breaking ground within ACHD right-of-way.
The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
10.
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.
11.
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.
Adopt the Recommendations of the Meridian Fire Department as follows:
The following will be the requirements and/or concerns to provide minimum levels offire
protection for the proposed project:
1. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be placed an
average of 400' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department
thru the Public Works Department.
DEVELOPMENT AGREEMENT (AZ-O3-026)
PAGE 6 OF 6
4. All roads shall have a turning radius of28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
6. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a turn around.
7. The fire department requests that any future signa1ization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and
efficient response by fire and emergency medical service vehicles. This cost of this
installation is to be borne by the developer
8. All access roads leading into and within the project shall have a clear driving surface
with a minimum width of20' available at all times.
D.
Adopt the action of the City Council from their January 13, 2004 meeting as
follows:
For clarification:
1. Pertaining to the Staff report dated November 25,2003, and specifically under
SPECIAL CONSIDERA nONS item number 3 Split Zoning, the memo received
from Brad Watson is hereby acknowledged as being placed into public record, and
that said memo addresses the lot line adjustment for this application as follows: "I
have not yet approved the submitted Lot Line AdjustrnentlRecord of Survey
(LLA/ROS), but it is simply a matter of minor corrections to the ROS in order to
approve it. In summary, I will approve and sign the LLA/ROS with minor
revisions once annexation of the subject property is complete."
2. The old farm house, which is on the front part of the property, shall presently
remain as a nonconforming use but it will be required to conform to Zoning
Ordinance when the property is sold in the future. The house presently can
remain on the well and septic until water and sewer service becomes available to
the property.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
reversed, upon a default of the "Owner" or "Owner's" heirs, successors, assigns, to
comply with Section 6 entitled "Conditions Governing Development" of subject
DEVELOPMENT AGREEMENT (AZ-O3-026)
PAGE70F7
"Property" of this agreement within two years of the date this Agreement is effective, and
after the "City" has complied with the notice and hearing procedures as outlined in Lc. §
67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" consent upon default to the de-annexation and/or a reversal of
the zoning designation of the "Property" subject to and conditioned upon the following
conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply
with this Agreement to "Owner" and if the "Owner" fails to cure
such failure within six (6) months of such notice.
9. INSPECTION: "Owner" 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
thereofin accordance with the terms and conditions of this Development Agreement and
all other ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1
10.2
In the event "Owner" or "Owner's" heirs, successors, assigns, or
subsequent owners of the "Property" or any other person acquiring
an interest in the "Property", fail to faithfully comply with all of
the terms and conditions included in this Agreement in connection
with the "Property", this Agreement may be modified or terminated
by the "City" upon compliance with the requirements of the Zoning
Ordinance.
A waiver by "City" of any default by "Owner" of anyone or more
of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent .bre¡¡ch of any such
or other covenants and conditions.
1 I. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
DEVELOPMENT AGREEMENT (AZ-O3-026)
PAGE 8 OF 8
"Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading
of the Meridian Zoning Ordinance in connection with the annexation and zoning ofthe
"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.
12. ZONING: "City" shall, following recordation ofthe duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owner", or by any successor or successors in
title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate
action at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
13.1
13.2
In the event of a material breach of this Agreement, the parties
agree that "City" and "Owner" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the
non-breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which
cannot with diligence be cured within such thirty (30) day period, if
the defaulting party shall commence to cure the same within such
thirty (30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time allowed to cure
such failure may be extended for such period as may be necessary
to complete the curing of the same with diligence and continuity.
In the event the performance of any covenant to be performed
hereunder by either "Owner" or "City" is delayed for causes which
are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such
delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
DEVELOPMENT AGREEMENT (AZ-O3-O26)
PAGE 9 OF 9
allowed under Meridian City Code §12-5-3, to insure that installation of the
improvements, which the "Owner" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner" have entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates
of Occupancy shall be issued in any phase in which the improvements have not been
installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees 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.
17. NOTICES: Any notice desired by the parties and/orrequired by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY:
OWNER:
c/o City Engineer
City of Meridian
660 E. Watertower Ln.
Meridian, ill 83642
Jack G. Cortabitarte - Personal
Representative of the Estate of
Jess J. Cortabitarte
3115 Crescent Rim Drive
Boise, Idaho 83706
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
17.1
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.
DEVELOPMENT AGREEMENT (AZ-O3-026)
PAGE 10 OF 10
18. 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 maybe 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.
19. 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.
20. 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" 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 benefitted and bound by the conditions and
restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute
appropriate and recordable evidence oftermination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Owner" has fully performed its
obligations under this Agreement.
2 I. 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.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner" and "City"
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between "Owner" and "City",
other than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest
or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or
resolution of "City".
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE 11 OF 11
22.1
No condition governing the uses and/or conditions governing development
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 ofthe proposed
amendment.
23. 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 (AZ-03-026)
PAGE 12 OF 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNER:
CITY OF MERIDIAN
~.~
MA YOR ~EERD
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Attest:
DEVELOPMENT AGREEMENT (AZ-03-026)
PAGE 13 OF 13
STATE OF IDAHO )
:ss
COUNTY OF ADA )
Onthis ~()1!J dayof ~Q.,^Ø(1 ,intheyear
2004, before me, a Notary Public, personally appeared Jack G. Cortabitarte, known or
identified to me to be the person whose name is subscribed to the within instrument as the
Personal Representative of the Estate ofJess J. Cortabitarte, and acknowledged to me that
he executed the same as such Personal Representative.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the ~.,.~. this certificate first above written.
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STATE OF IDAHO)
:ss
County of Ada
On this ~r.¡.A day of 1--ehr«",uf ' in the year 2004,
before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg,
know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said
City, and acknowledged to me that such City executed the same.
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 AGRE~ (AZ-03-023)
PAGE 14 OF 14
EXHIBIT "A"
Leea. Description Of Propertv
Jack G. Cortabitarte and Isaac F. Cortabitarte
Lot 1 of Pleasant Valley Subdivision, according to the plat thereof, filed in Book
12 of Plats, page 665 in the office of the county recorder of Ada County, State of
Idaho.
DEVELOPMENT AGREEMENT (AZ-03-023)
PAGE 15 OF 15
- ,
EXHmIT "B"
Findinl!s of Fact and Conclusions of Law/Conditions of Approval
Z:\WorklM\MeridianlMeridian 15360MICortabitarte Annex AZ-O3-O26\DeveIopAgr.doc
DEVELOPMENT AGREEMENT (AZ-03-O23)
PAGE 16 OF 16
BEFORE THf. 'JERIDIAN CITY COUNCIL
CiC" U I
IN THE MATTER OF THE
APPLICATlOl\ FOR Al\"NEXATION
AND ZONJNG OF 5,11 ACRES TO
CoG AND 1-[, ZONES, LOCATED
ON THE SOUTH SIDE OF
FAIRVIEW ROAD ABOUT
HALFWAY BETWEEN LOCUST
GROVE AND EAGLE ROADS,
;\1ERJDIA.N, IDAHO
Case No. AZ-03-026
FINDlì'\GS Of FACT AND
CONCLUSIONS OF LAW AND
DECISlO'\ AND ORDER
GRA:\'TING APPUCA nON Fon
ANNEXAl'lON AND ZONING
.1_-\(1-.: CORTAI:!ITARTE,
APPLlCe,,"."T
The above entitled annexation and zoning application h""1I1:; con'" l'lI
"_lbll'-
on January 13,2004, at ¡he hour of 7:00 p.m., and Anna Powell Planning DirectlJr fori he
Planning and Zoning Department, and Jack Cortabitarte, appeared and testified, and the City
Councii having duly considered the evidence and the record in this matter therefore mz,[,es the
foilowlllg Findings of Fact and Conclusions of Law, and Decision and Order'
FINDINGS OF FACT
I.
There has been compliance with all notice and hearing requirements set :-orth In
Idaho Code ,; § 67-6509 and 67 -6511, and Meridian City Code §§ 11- 1 S-:i llild 11-16- I.
The (,tv Collncil tdkèSjllllicl<1lnotlce ot-,:swnill;, slIbcl'V"iol) ,tile! <[c\,clopl','c:]1
FiNDINGS OF FACT AND CONCLUSIONS Of LA \Ii
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-03-026)
PAGE 1 OF 18
ordinances codified at Titles 11 and 12, Meridian City Code, and all currellt zoning maps Ihereor,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No, 02-382, and maps and the ordinance Establishing the Impact Area Boundary
rhe pl'Operly which IS the subject of the appltca[ian far lllincxalion and
lolling IS described in the application. is approximately 5.1 I acres In size ,md " located "" Ihe
south side orFairview Road aboul halhvay between Locust Grove alld Eagle I(oads. ìvk:",J¡;1I1,
Idaho. all wnhin the Area or Impact ot'the City of Meridian allcllhc ~kIICI""l UI'ball Sel\ice
Planning Area as defined ill the \Ieridian Comprehensive Plan
4,
The owners ofrecorcl of the subject property are .lack Cllldlsal\C COI'llllliiarte; hick
Cortabitarte has provided notarized consent for tbe subject application, Applicant is .lack
Cortabitarte, PO Box 8566, Boise, Idaho 83707.
5
The property is presently zoned R I (Ada County) and consists ofrural
residentiai/paslure land.
6
The Applrcant requests the property be zoned as C-G (General Retail and Service
Comrnerciai District) and [-L (Light Industrial District).
The subject property is bordered by city limits on ¡Is ellsle'I']] boundllry.
8,
The Applicant has rcquestedlhe annexation and zoning l)r"1'
, I)
lut
in Ada County to tbe City of Meridian; the additional 0.11 acres to be anllCwd is I']gh:-"r-wa> in
Fairyiew Road. The front 1.46 acres is proposed as a CoG zone, The reat' 3.44 ac:'es are
proposed a.s an I-L zone. It is the applicant's intent to use the rear ([-L) portion of [he property as
a parking lot expansion for Food Services of America, which is immediately east of tbe properly
FfJ\DlNGS OF FACT AND CONCLUSIONS OF LAW
A:.ID DECISION AND ORDER GRANTIJ\G APPLICATION
fOR AN'JEXATI0N A!\D ZONING FOR CORTABITARTE
(AZ-OJ-026)
PACi!' 2 or IS
The front (C-O) p0l1ion will remain undeveloped until sewer is available to the propertv. The
Meridian Compl.ehensive Plan Generalized Land Cse Map designates the subject propeny liS
Mixed-Lise Community.
9
There are significant existing trees that affect the consideration orlhi, "ppliclltil1n
10.
Giving due consideration to the comments received from the
governmental subdi visions providing services in the City of Meridian planning jurisdictiol'.
public facilities and services required by the proposed development will no[ impose expense
upon the public iflhe following condllions of development arc imposed.
A Adopt the Recommendations of the Meridian Planning & Zl1l1ing OeplJltlllenL I1S
modified by the Planning & Zoning Commission, as follows:
Prior to the annexation ordinance approval, a Development Agreement (Oil) shl1ll be cntered ;1110
betw.een [he City of ivleridian and the prope¡iy Qwner(s). The DA shilll reqllire Ihilt:
All future Lises within the boundaries of this anJ1exatJOn can only be appmvcdll".ow,h Ilk.
Conditional Use Permit process.
The existing residentiaillse may conllnlle as a legalnonconfornclIlg lIse IIIH!! SIIC"
sanitary sewer service is available to the property and "t [h'1t time the residential use 01.
the bllilding shall cease.
The C-G area shall remain undevelopable until sanitary sewer service is available 10 the
property.
Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance SectlOn 5-7-517, when serV]ces
are available from the City of Meridian. Wells may be used for non-domestic purposes
such as iandscape irrigation.
Any other conditions desired by the Council.
B.
Adopt the Recommendations oflhe ACHD as part of the DA, as ¡ollows.
Sire Soeci ~c Conditions of AoprO\'aJ
Upon the receipt ofa development application in the flltllle tlX this "Ic rite Dislnc: t:He'I](]s 1.0
add conditions olapproval ¡hM apply to Ihis site.
FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND DECISION AND ORDER GRANTING APPUCATION
fOR A;.mEXA TION AND ZONING fOR CORT ABIT ARTE
(AZ-O3-026)
PAGE 3 OF l8
2.
Comply with aU Standard Conditions of Approval.
Slandarçi Conditions of Approval
Any exISting irrigation facdlties shall be relocated outside of the right-of-waY'
2.
All utiJjty reJocation costs associated with improving street frontages abutting the Silt shall
be borne by tbe developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that Illay be I13l11ago(1 dllrmg
the construction of the proposed development. Contact Construction Sel'vices ill 3S"-62SII
(witl, tile number) for details
4.
ulday street cuts in pavement less than iive years old are not allowed lIniess approved 111
writing by the District. Contact the District's Utjjity Coordin:110I al 387-6258 (with Iii,.
numbers) for detalls.
5.
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 speci~c"lly waived herein. All
engineer registered in the State of Idaho shall prepare and cel1ify all Improvemcm pleHls
6
The applicant shall subm;t revised plans for staff approval, p,'ior io Issuance of bulldlll?
pem]it (or other required pennlts), which incorporates anyrequirèd design changes.
Cnnstruction, use and property development shall be in conforillance "ith ail applicahle
requirements of the Ada County Higbway Distnct prior to District approval foT oceup"ncy
s.
Payment of applicable road impact fees are required prior to buildillg construction II'
accordance wi th Ordinance #197, a Iso known as Ada County H, gl1\vay D I strict RmKllll1paet
Fee Ordinance.
9.
It is the responsibility of the applicant to verify all existing utilities wlthill the right-ol-"'.',,,-
Tile applic3nt at no cost to ACHD shall repair existing ulllities dCllllagcd by the "ì'pl'G""
The applieantshaJl be required to call DIGLfNE (1-800-342-1 585} elt lerls! two full
days prior to breaking ground within ACHD right-of-way. The applicallt shall contCln
ACHD Trafiic Operations 387-6] 90 in the event any ACHD conduits (spore or ("died) arc
compromised during any phase of construction.
10.
No change in the terms and conditions of th;s approval shall be valid unless they arc il1
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 he "1'011 the
Fli\DIT\GS OF FACT AND CONCLUSIONS or LAW
.'\ND DECISIO'" AND ORDER GRAI\TING APPLlCATION
FOR ANNEXATION AND ZONING [-OR CORTA.BlTARTE
(AZ-03.026}
PAGE 4 OF 18
applicant to obtain written confimlation of any change ÍÌ"om the Ada County Highwav
District.
i I
,'\ny change by the appiieant in the planned use of the property which is the subJcct ofthi,
applicatlon, shall require the apphcant to comply with all mies, regulations. o,'clinrlllœs.
plans, or other regulatory and legal restrictions in [ol'ce at the time the applicant or ils
successors in Interest advises the Highway District of its intent [0 change the planncci nse of
the subject property unless a waiver/variance of said requirements or other legal "ehel' IS
granted pursuant to the law in etIeet at the time the change in use is SOLight.
c.
Adopt the Recommendations of the Mendian Fire Depanment as part 01' tbe DA, ;lS
tollows:
The t'ollowlng wiil be the requirements and/or concerns to provide IlllLliJnall1 ie"els IJf lire,
protection for the proposed project:
l. Commercial and office occupancies will require a fire-flow consistent w1th the JJ1Iell1~lIi[l:l'¡[
Fire Code to service tbe proposed project. Fire hydrants sball beþ.laced an average ot' ~DD.
apal1,
Acceptance of lhe water supply tor lire protection \Viii be by the tvLe,icli:111 W,"er Dcp:1I'llllE'.'I,
J, Finai approval oCthe fire bydrant locations shall be by the Mcndian Fire Departlllenililill lhe
Public Works Depal1ment.
4, All roads shall bave a turning radius 0[28' inside and 48' ol1!sicle,
Operationallìrehydrants and temporary or permanent street signs are required before comhust;ble
co11st1'ucti011 begins,
(" Thc pbasing plim may require ¡hat any roadway greater than ISO' 111 lellgth that
prov1ded with an outlet shall be reqlLlred to have a tum around,
11(11
ï.
The ùre department requests that any future signalization installed ;1S the result of the
development of thls project be equipped with Opticom Sensors to enslU'C a safe and eflicielll
response by fire and emergency medical service vehicles. This cost OfthlS ll1stallat1o11 is to be
borne by the developer
8, All access roads leading into and witl1in the project shall have a cle"r cI,'ivl1lg ,urf"cc "i:h 11
minimum width of 20' available at ail times.
FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABJTARTE
(;\Z,03-026)
PAGE 5 Of 18
D.
Adopt the action of the City Council from their January 13, 21J1J4 meetLng as lallc",
For clarification:
1.
Penaining to the StaffrepOli dated November 25, 200e, and speci t,("liy lIllder SPE,CL", I_,
CONSIDERATIONS item number 3 Split Zoning, the memo received fmm Brad Walson
is hereby acknowledged as being placed into public record, and that said memo addresses
the lot line adjustment for this application as follows: "I have nol yel approved the
submitted Lot Line Adjustment/Record of Survey (LLAJROS), but il is simply a mal:cI' or
minor corrections to the ROS in order to approve it. In summary, ¡ will approve alld s:gn
the LLA/ROS with minor revisions once annexation of the subject pmperty is complete ,.
The old farm house. whlch is on the frollt part of the properly, s:lélll presently rtmai'l CIS a
nonconforming use but it will be required to conform to Zoning Orclim:IIICE whell Ihc.
propen)! is sold in the future, The house presently can rcmC1in on Ihe well and scplie 111111
water and sewer service becomes available to the property,
11.
It is found that the 2002 Comprehensive Plan Future Land Use ¡vjap designales Ihe
subject propeny as Mixed-use Community, The purpose oflhls desigmtiol1 is 10 idellt!fy key :lreas
[ol.the Clty] wllich are either infill in natlll'e or situated in highly v"iblt or II!ll1Slliolllllg are!', ]J¡',ire
City where innovative and flexible design opportunities are encouraged
The ]lltenl oj
designation is to offer the developer a greater degree of design and use tlexibihty (See Chapter VU.
pg, 97) The requested CoG zoning generally confomls to this staled purpose and intent of Ihe A1U-
Community designation, Industrial zoning does not directly lìt into the list of uses for the tvll_'-
ComrnunilY cltSlgnation, but seems to make sense given the context oflhe pr,'pe,".)! a]ld ehe 1"ctliLti
the proposed use is an extension ofan existing adjacent use. The degree ofclesign and LIse Ilc,,]b'!II,!
built into the MU-Community designation will allow lor the proposed zoning in the context of
surrounding uses, It is also found that the following 2002 Col1lprchensi ve Plan text policies to be
applicable to this applical1on:
\1ixed Use Mea Camp Plan Policies (from Chapter VlTl
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DEC1SION AND ORDER GRANTING APPLICATION
FOR ANNEXATtON AND ZONING FOR CORTABITARTE
(,\7-0:1-026)
PAGE601'IS
. "Ail development within this designation will oCCLIr oniy under the Conditiolla! Use
Permit process.
The subjeci property jàlls wuhin the MU-Commwnly designolion WI.d wili le,!,"'"" U
CUP for any developmelll ollihe properlv. 7he ofJfJllCeillllws slaled i1 :.,.,llmgl/C:\.'
to have aI/ fulure developmenl praceed Ihrough Ihe CUP process
. "Where mixed use developments are phased, n COllcòp!lICiI sill. plcell fo,' :he
mixed use area is encouraged with the developlllelH applícClliol1or. depe!1dll1g "'11
the scope of the development, prior to a forma! developmcnt appliccltlOI1 b.c;illg
submitted.";
No development application was submilledwilh Ihe annexa lion, bur illS iIIuie,!""",!
Ihal development will occur in a phased manner. Specifìcoily, Ihe soulhen! Imrlioll
of the existmg 1m wi!! be developed firs I as an exlension oj'the Food Servl<'cs
America parking and loading area. The norlhern porlloll ]>-'iII he a s"pC/rare /il/ lire
commercial use. While it is unusual to recommend approval wilhoul (I sile plall, It
is acceptable in this case since allfmure deveiopmentl-Fill relJlII're seporare IE:'ie,,'
willi public hearings under the CUP process.
. "Pel1l1it new.. commercia! development oni)' where urban services C'1I1 be
re<1sonablyprovided al the time oftìnal approval and development IS contiguolls 10
the City.: (Chapter IV, Goal L Obj. A, #6)
Sewer service is not currently avai/able /0 Ihe sub¡ecl propcr!)'. I-Jol"iëver s,lIce
expansion of the existing parking lot/loading w-ell.!or Food Services oj.illleo«({
no! require sewer service, it is recommended approval o("the {lJllrewlioll !W/"e.>1
aI/ow for the Food Services CUP applicatioll. Sillce the .Ii-on! is fiJI' Ii
commercial use, iI is recommended thalaJ)evelopmcnl..LgrccmclI{ S{{{Wlg IhiLllhe c-
O porrion of the lot will reJlwiJl unbuilable umil urban se¡'Vlces lire pmvi'!e'! 10 Ihe
101. The proposed {lnnexa/lOn is con/iguous 10 Ihe Cily Limits and IS pari % lorgeI'
ellclave ofCounly properry surrounded b.y ("ilv properlv.
12.
It is not anticipated that the land to be a¡mexed wil1 be rezoned inlhe future; nor hers
the applicant indicated a desire to rezone this property again in the futnre. The Comprehensive Plal1
does demonstrate an intention to have it annexed and zoned as a different from ¡he presellt zoning
designation (R I-Ada County).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
A~D DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATIOI\ AND ZONING FOR CORTABITARTE
iAZ-O3-02G)
PACiE ì or 18
13.
It is found that the property will be developed in a manner allowed Imder tbe proposed
zoning. The property is an existing rura1 residentiaillse that is transirioniilg to commercial alll!
industrial uses. Conditional use permits will be required for any development proposed on the
properly.
14.
The general vicinity ot- this project is in transition rrom rural resi,icntial uses to
commercial/urban type development. Property 10 tbe east is in Treasure Valley Business Centu: to
[he northeast is Louie's Resrauranl and 1\I[allane Subdivision: to the "orllJ\vesl IS the ~o:cu
development: to (be wesl are several transitIOnal county properlles, Elm Tree Plaza, [cono-Lut,)c
Subdivision, and others. It is round that a rezone of tbe proposed properlY WOHid i:e compC1tlbk
witb other land use and facility changes inlhe area-
15.
No specific uses are proposed with this application, except a planned expansion otthc:
Food Services parking lot. It is found that any future uses, if designed, constructed and operated in
accordance with adopted city ordinances and tùture CUP applicalions, should be harmonious and
appropriate in appearance witb the existing cbaracter of the vicinity
16
It is found that the intended LLses on the subject property should not be hazardous 01
disturbmg to existing or future neighboring uses iCali development and landsc:Jpc burl'er (xdinal1ces
are exercised
17.
IllS found that sal1ltarysewer service to the project is not cum.mly available. ACHD
staff approved the proposed application on November 4, 2003. The Meridiem Fire Dep"rL,r""llt
submitted conditions regarding tbeir ability to adequately service this project and "'¡'tcil conduìor:s
al'e listed in nLLmber 10. above.
FINDINGS OF FACT AND CONCLUS10NS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATIOt\ AND ZONING FOR CORTABITARTE
(AZ-O3-026)
h\GE 8 OF t8
18.
ICapproved, the developer will ~nance the Cuture CXlèl1SIOIl orse" cr. ""'Her. .,11 ililies
and in.igation services to serve the project The primary puhlic costs wi I i be iìre "nL! poiiœ
It is Cound there will not be excessive additional requirements at public cost Itrldlhar the clllllC"'llio1'l
and zoning aJOIr will not be detrimental to the community's economic welfare,
19, It is found that the proposed use will create addilÌonallrafl~c on adJllccllt arlelli,1
I
I
roads, The ACI1D report estimates that the proposed development will generate 714 additlol1:11
I
vehicle trips Pir day (10 existing), Shifting the parking and loading area of food Services DC
America west ~1ay generate additional noise for surrounding properties, However, since the
operation is exl~ting, the additional noise should not be excessive, 1t is not anticipated that the
I
proposed use \V ill i create smoke, fumes, giare. or odors, To COlllp iy wi th thi s l'í nei; ng a CUP sha! Ib",
I
I
required fol rur~re uses in accordance with rhe Comprehensive Plan lequirelllCilI.
I
11 is found thar any furure uses will impacr the level 'lilei flm, 01' 1I""!'íc (111 Ih,"
suITounding str~ets, Specific traffic counts will be determined at rile rime or developmenl
I
application; as '1°ted above they could be up to 714 addilionallrips pel day. Howevel, given thE"
I
I
intention to use jhe majority ofthepropeliy as an expanded parking and loading area for lUI exlsl;",2
20,
I
business, the act~al number will likely be lower. Standards Cor future driveway oUsets &e Plovided
in ACHD's repok It is also found that the proposed LIse will not create significant intelference with
I
I
traffic on the surrounding public streets, Refer to ACHD comments for additional detaì1 on this
I
issue
21
It is found that the proposed annexation wili not resuit in the deslructlon. loss 01'
damage of natural features, There are several mature trees that shoule! be protected ""Olllle! the
FINDINGS OF FACT AND CONCLCSIONS OF LA W
Aè<D DECISJON AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITi>RTE
(A2-03-026)
PAGE 9 OF 18
existing residence. However, the area intended for parking expansion appears to be void oC
significant existing trees,
22, 11 is found that the annexation of this property would be in the best imerest of the
Cily for the following reasons:
increased commercial land base available to future developers:
illcreased property tax revenue;
l'aell it"tes expallsion of all existing industry; and
the appiicatlOn substantialiy colllpiies with the C:oll1prt:hen.sivC' Pia"
Additionally, it is noted that a public: multi-usc pathway is dc:plctcd on the suhjcc!
property on the Comprehensive Plan. The applicant should coordlIJate the pathway 10c"tio11 and
design with the Meridian Parks Depmiment prior to submitting future development applications
on the propel1y.
23.
It is found that if the developer pays for the requested improvements and compiles
wIth the condItions set forth in these Findings of Fact No. 10, and aU sub-parts, tbe eCOnOI11]C
welfare of the CiTy and its residents and tax and rate payers will be protected, a conditIon of
annexation and zoning designation.
24.
It IS also found thai the devel.opl11ent considerations as l'el'erenceclll1 Flndlllg No
10 are reasonable to require and mUST be taken into account, in arde[' to flSSLIre lhe proposer!
development is designed, constructed, operated and maintained in a illilllne[' ,,:hlch is hal'llIDIIIC'lIS
and appropriate in appearance with the existing, or intended characTer ofrhe general vicinity, III
order to assure that the proposed use will not change the essential character of tbe atIected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing.
or future neighboring uses, particularly considering the impactofproposed development on
fiNDINGS OF "ACT AND CONCLl.:SIONS OF LAW
AND DECISIO\' A','D ORDER GRANTING ;\PPLICA TION
!'OR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-O3-026)
PAGEIOOFI8
potel1tiülto produce excessive traffic, noi,e, smoke, fumes, glarc ami oc["".
CONCLlSIONS OF LA W
L
The City of Meridian has authority to annex real property upon written rcquesl ¡<'i'
annexation and the real property being contiguous or adjacent to city boundaries and that slwl
property lies within the area of city impact as provided by Idaho Code Section 5(J-222. The
Meridian City Code ~ 1 i -16 provides the Cily may annex rea] prope¡iy that is within the
Meridian Urban Service Planning Alea as set forth in the City's Comprehensive Plan.
2
The Council may lake judicial notice of governmenl ordinances, and pohc..ies, <1nel
of-actual conditions existing within the City and Stale.
The City of 'vleridian has exercised its authol'lly ill1cl res[1ollsib.I.il) ;,S rm"',c!e:1
'"Local Land Cse Planning Act of 19ï5". caddied at Chapter (,5. Tlt!c 6;. Icl:Jho Coclc
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2C02.
Resolution No. 02-382.
4.
The fonowing are found to be pertinent provisions of tbe City of ivlendlan
Comprehensive Plan and are applicable 10 this Application:
ylixed Use Area Comp Plan Policees, Chapter VII and Chaplcr IV, Goal I, Ob). A, #6
5.
The zoning of (C-G) General Retail and Service Commercial and (I-L) Light
[millstrial are defined III the Zoning Ordinance at § 11-7-2 K and N as follows:
(C-G) General Retail and Service Commercial District: The purpose oCtile CoG D,strlCl
is to provide tor commerciai llses which are customarily opC'r"led ""tIlTly 01' ;¡1,l1CISl ""lIrel\
withln a builcllng, to provide lor a reView oflhe Impaci OLpllJ[J(hècl CO"'I11CICI"¡ L:SCS \vl,el'
are aulo and service oriented and are located in close proxim:tv to III "JOI liigl'" :IV
streets; to fulfill the need oftrave].related services as welJ as retail ",Ies lor the tl,IIISlelll èll"lei
pemlanent motoring public. All such districts shall be connectccllO tile !\íunlcipal water ;111(1
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRA!\TiNG APPLICA nON
FOR ANNEXA TJON AND ZONING FOR CORT ABIT ARTE
(AZ-03-026)
PAGE II OF 18
sewer systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
AND
II-L) Li2ht Industrial District: The purpose of the [-L L_.ighl ¡neLI.slI.ieJ! Disl,ic¡ i, to
provide for light industrial deveiopmel1t and opportul1ities 1'01 el1lpluymcnt of \b]llian
citizens and area residents and reduce the need to co.ll1l1wlc 10 neìghblJIIl1g cillt,: 10
encourage the development ofmalll,facturing and wholesale establishments which arc. cleill.
quiet and tree of hazar dolts or objectionable elements, such as no]sc, odol. dliSI. SIllè1ke
glare and that are operated entirely or almost entirely with ill ell(lcloSed '¡'Uellll.",; III lklllle:ilc
areas best suited for industrial development because of Jocatloll. Illpography. e\ ISlill.c
facilities and relationship to other land uses. This District mllsl also be in such pm\iITII'..\'
ensure connection to the Municipal Water and sewer systems uflhe Cily. Uses iI1cOl1lp:lIJ;lc
with light industry are not permitted, and strip development is problblled
6.
Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt 'Is. The CilV ofIdaho Falls. 105
idaho 65. 6(¡5 P2d 1075 (1983).
The development or the annexed land, if annexed, shallilleel and call1piy with the
Ordlllal1C"S of Ihe Cily of .\1eridian including, but not limited 10:Scctioll 12-2-~ which perlains 10
development time schedules and requirements; Section 12-~-13. which perlai n5 '.0 the piping '.J [-
ditches: and Section 12-5-2 N, which penains to pressurized ì:T]g:'iicJIl svs,,"m. ,111(1 7(1111".':
Suhdivislon and Development Ordinance of the City of Meridi'lI1-
8.
Pursuant to Section 11-16-4 A of the Zoning and Developmenl Orelinance Ihe Olliler
andJor developer shall enter into a Development Agreement, if such is req lIired by the Cily.
DECISION AND ORDER
"lOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIO!\'S OFLA W, the City Council does hereby Order and this does
r-IND/¡";GS OF FACT AND CONCLUS/Oi\S OF LA W
AND DECISIOr--. AND ORDER GR."NTlNG APPLlCATION
FOR ANNEXATION A)\D ZO¡";IJ\G FOR CORT.ABITARTE
(;\Z-03-026)
P!\CFI2 OFib
Order:
1.
The applicant's request for annexation and zoning of <1pPl"Oxil1lately 5 II ocres to C-
G (General Retail and Service Commercial) and I-L (Light Industrial) is granted sllbieclto the ternes
and conditions of this Order hereinafter stated.
2.
The application is for almexation and zoning of 5.1 1 acres. Tile legal description
shall be prepared by a Registered Land Sllrveyor, Licensed by the State of Idaho, and shan confom)
to ail the provisions of the City of iV!eridian Resolution No 158. The legal descriptton for
annexatlOnl\\llst place this parcei eomlgLloliS to the Corporate City Limils pel' Ordll1C\I'Cc "10 ~81,
3
Developer shall be required to meet the conditions set forth <end in the evem the
conditions herein are not met by the Developer that the property shall be slihiceito clc-allne."'.I'on.
with the City of Meridian, which provides for the fonowing conditions of development. to-wit
A. Adopt tile Recommendations of the Meridian Planning & lolling Depcwrnel1l, as
moditied by the Planning & Zoning Commission, as follows:
Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian and the propeny owner(s). The DA shall require that:
All future uses within the boundaries ofthis annexation carl only be approved through tbe
Conditional Use PemÜt process.
The existillg residential use may continue as a legal nonconfomling use until such time as
sanitary sewer service is avadable to the property and at that time the residential use of
the bnilding shall cease.
The C-G area shall remain undevelopable until sanitary sewer service IS available to Ihe
property.
Any existing domestlc wells and/or septic systems within this ol'OJect will hl!'.'è to he
renJOved from their domestic service, per City Ordillance Sectl"")- í-S 17. w",ell Sc°!'\ICC,
are available from the City of JVleridian. Wells Illay he "seellol' nOll-~Oll1eSlIC pen])o,es
such as landscape irrigation.
Any other conditions desired by the Council.
B.
Adopt the Recommendations of the ACHD as part of tile DA, as foliows:
F1NDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-03-026)
PAGE 13 OF 18
Silc Specific Conditions of Anorova!
Lpon [1,0 receipt ofa development application in the future I~)r this site Loe DislLKt ]Ilte'lcls
ade! cor]dltlons of approvai thai apply [0 tlm si[~.
2. Comply with ali Standard Conditions of Approval.
Standard Conditions of ApprovaJ
I. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving strcet tì'ontages abutting the 51te shall
be bome by the developer.
3. 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 387-6281J
(with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
wfiling ',1' the District. Contact the District's Utility CoordinatoJ at 387-625R (with file
ruJ11bers!lor details
5
Allelesl!!n and construction shall be ]11 accordance with the ,\dd CouIlI.,.. Hlghw,))! D,stilCI
Policy .Manual, ISPWC Standards and approved supp!eIl1Cllts. Constructll)]] SCIT;Cé.i
proœdures and "II applic"ble ACHD Ordinances unless speci!"lc'll!y w,uvecl hcl\;III. AI]
engineer registered in the State ofIdaho shall prepare and cenifO' ail improvemcnt plar"
6. The applicant shall submit revised plans for staff approval, prior to issuance or building
pennit (or other required pennits), which incorporates any required design changes
7. Construction, use and property development shall be in conformance with "II appiicllble
requirements of the Ada County Highway District prior to District appmval for occupa],cy.
8. Payment of applicable road impact fees are required prior to building construct]OI1 in
accordance with Ordinance #197, also known as Ada County Highway District Road Impact
Fee Ordinance.
9.
It is the responsibility oCthe applicant to verify all existing utilities within the right-o ~way
The applicant ,,[ no cost to ACHD shall repair existing uti.lities damaged by the applicant.
The applicant shall be required 10 call D:GLINE (1-800-342-1585) "IIC3511wo full business
doys prior to breaking ground within ACHD right-of-way. The applicant shall co,Hee[
FtNDI~GS OF FACT AND CONCLUSIONS Of LA W
AND DECISION AND ORDER GRANTING APPUCA lION
fOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-03-026)
PAGE 14 OF]8
ACHD Traffic Operations 387-6]90 in the event any ACHD conduits (spare or filled! ""e
compromised during any phase of construction.
I O. No change in the tenDS and conditions of this approval shall be valid unless they are i,l
writmg alld signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada Coullty Highway District. The burden shajJ be UPCll] the
applicant to obtain written confirmation of any change 1¡.0111 the Ad" County I-Jigh\vay
District.
II AllY challge by the applicant in the planned use ofthe property which is the subject of this
appllcdLi,,:], sha]i require the applicant 10 comply with all rules. rcgLli"rir>ns. () "(Ii:ldnces.
p]alls. or other regulatory anel legal restrictions in force al Ihe time the appiicllilt Irs
successors in ,neerest advises tbe Highway District of Its iment to cbiltlge rhe planne,c! LIse
the subject propel1y unless a waiver/variance ot'said reqllir.cll1cnts or other legallTllet
granted pursuant to the law in et'fecr at the lime the change in LIse is sought.
c
Adopt the Recommendatrons of the Meridian Fire Department as part of rile' DA. ,lô
follows:
The following will be the requirements and/or concems to provide minlmLim ievels of lìre
protection for tbe proposed project:
1. Commercial and office occupancies will require a fire-tlow consistent with the Internatiollal
Fire Code to service the proposed project. Fire hydrants shall be piaced an average of 400'
apart.
2. Acceptance oftbe water supply for fLrc protection will bc by the Meridian ,Vater Department
3. Final approvë.l orllle fire hydrant locations shall be by the tvkridi"n Fire Dcpartr.lenlthrLl tile
Public 'Narks Department.
4
All roads shall have a turnjng radius 01'28' inside and 48' outside
5. Operational fire hydrants and temporary or pemlanCI1l street signs are req II ired hdllre ('(1n1 hustl hie
construction begins.
6. The phasing plan may require that any roadway greater than 15(1' ill lenglh that IS
provided with an outlet shall be required to have a turn around.
7. The !ìre department requests thar any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
frNDrNGS OF FACT AND CONCLUSlONS OF LAW
AND DECISlON AND ORDER GRANTING APPLJCA nON
fOR ANNEXA TJON AND ZONING FOR CORTABIT ARTE
(AZ-03-026)
PAC,I'JSOFI8
response by fire and emergency medical service vehicles. Tilis cost ofthis installallon lS [0 be
borne by the developer
8. All access roads leading into and withinlhe project shallh<lve Cl clear d: ivìn~ slIrf"ec lI'ilh "
minimum width of20' available at all times.
D
Adopt the action of the City Coullcil from their January 13,2004 meeting <1.' ¡~11lows
For clarification:
I.
Pertaining to the Staff report dated November 25,2003, and speci1ìcally under SPECIAL
CONSIDERATIONS item number 3 Split Zoning, the memo received Ü'om Brad Watsoll
is hereby acknowledged as being placed into public record, and that said memo addr",s,cs
the lot line adjustment for this application as follows: "I have 110t yct approved the
submitted Lot Line Adjustment/Record of Survey (LLA/ROS), but it is simply a matrer of
minor corrections to the ROS in order to approve it. In summary, ¡ will approve and sign
the LLAiROS with minor revisions once annexation of the subject property is complere."
2
The old farm house, which is on the front part of the property, shail presenily remain as a
nonconforming use but it wilJ be required to confoml to Zoning Ordinance when the
propeny is sold in the fulure. The hollse presently can remain on (he well and sep(ic LlIll;1
water and sewer service becomes a"aiianie (0 the propen)
4.
The 01y Attorney shall prepare for consideration by the C,IV CoLlncllrhe apl"(lp""lc
ordinance for the annexation and zolling designation of the real property wlmll< is the sLlbtecr of'tlw
application to (R-8) Medium Density Residentia1 District, and Meridian Ciiy Code ~ 11- 7-2.
5.
Subsequent to the passage ofthe Ordinance provided for in section 4 of this O,'der ¡he
engmeering staff of the Public Works Department shall prepare thc appropriate mapping changes 0 r
the anicial boundaries and zoning maps as provided in Meridian City Code § 11-21-] in accordallCC
with the provisions of the annexation and zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LA W
AND DECISION AND ORDER GRANTING APPLICATION
FOR AI\'NEXATION AND ZONING FOR CORTABITARTE
(AZ-O3-026)
PAGE t6 OF 18
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuanllo Idaho Code 67-8003, the Owner m"y
request a regulatalY taking analysis. Such request must be in writing, and must be filed wj¡h the
City Clerk noL more than twenty-e¡ght (28) days after the final decision concerning the matter at
Issue. A request tor a regulatory takings analysis will toll the time penoe! w¡Lhm which a Petilion
ral Judicial Review may be tiled.
Please take notice that this is a final action of ¡he governing body of the. City o( .vJerl\lran,
pursuant to Idaho Code § 67-6521. An affected person being a person who has 311 Interest 1IIIe,,[
property which may be adversely affected by this decision may, within twenty-eight (28) days <tiie:
the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, ld¡¡ho
Code.
By action of the City Council at its regular meeting held on the
Z7~ d~y of
cT ~ (;vl. ð
ROLL CALL
,2004.
COUNCILIVlA1\ SHAUl" WARDLE
V OTEO $4..--
COUNCILMAN BILL NARY
VClTED__~CL
COUNCILMAN CHARLIE ROUNTREE
YOTEO_$"'-
COUNCILMAN KEITH BIRD
YOTED~'.^--'
FINDINGS OF FACT AND CONCLUSIO~S OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ.03-026)
PAGE 17 OF 18
:VIA YOR TAMMY de WEERD (TIE BREAKER)
DATED: /-:2-7-04--
VOTED __m--
~~.
Attes!:
By JI~'Þße.-T ~Hecl-
City Clerk
Z\w",-k-.M..M"iJi",',M"-idi,,, I ;J60M'..C"tabi~", """" AZ-DJ-O26\AZFICI&O,"" Joc.
FINDiNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANl\"Ex.,u10N AND ZONING FOR CORT ABIT AR TE
(AZ-O3-026)
PAGE 18 OF 18