HomeMy WebLinkAboutInitial Point Subdivision Lamont KoubaCITYOFC�m�an `
� IDAHO l�
Ce ER'14� TREASURE V Y
SINCE
1903
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Joseph W. Borton
Charles M. Rountree
Shaun Wardle
CITY DEPARTMENTS
City Attorney/HR
703 Main Street
898-5506 (City Attorney)
898-5503 (HR)
Fax 884-8723
Fire
540 E. Franklin Road
888-1234/fax 895-0390
Parks & Recreation
11 W. Bower Street
888-3579/fax 898-5501
Planning
660 E. Watertower Lane
Suite 202
884-5533/fax 888-6844
Police
1401 E. Watertower Lane
888-6678/fax 846-7366
Public Works
660 E. Watertower Lane
Suite 200
898-5500/fax 895-9551
- Building
660 E. Watertower Lane
Suite 150
887-2211/fax 887-1297
- Wastewater
3401 N. Ten Mile Road
888-2191 / fax 884-0744
- Water
2235 N.W. 8th Street
888-5242 / fax 884-1159
November 17, 2006
Lamont Kouba
3490 Guffey Lane
Melba, Idaho 83641
Murphy Law Office
P.O. Box 409
Meridian, Idaho 83680-0409
RE: Development Agreement for Initial Point Subdivision / Kouba,
Robnett Construction
Dear Applicants,
Enclosed please find a recorded copy of the above document. The item
was also scanned and emailed to Robnett Construction.
Please feel free to contact our office if you have any concerns.
Sincerely,
Sharon Smith
Senior Deputy City Clerk
City of Meridian
cc: file
CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK— FAX 888-4218 FINANCE & UTILITY BILLING— FAX 887-4813 MAYOR'S OFFICE— FAX 884-8119
Printed on recycled paper
81111 Utluni t nrWhiurn a. Yfl.1Y 1 .n, ��•� •••••_-•-- •
BOISE IDNO 111106 01:30 P,
DEPUTY YCW Allen II I I I II II I II I I III I IIIIII I I II II III I III
RECORDED -REQUEST OF 106180813
City of thridiad
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. LaMont Kouba, Owner
3. Robnett Construction, Inc., Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered
into this �= Y\,A day of /,(it�mAbe, jj_, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and LAMONT KOUBA, herinafter called "OWNERS",
whose address is 13490 Guffey Lane, Melba, ID 83641, and ROBNETT
CONSTRUCTION, INC., hereinafter called "DEVELOPER", whose address is
172 S. Academy Avenue, Suite 170, Eagle, ID 83616.
1. RECITALS:
1.1 WHEREAS, "Owners" are the sole owners, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho described in
Exhibit A, which is attached hereto and by this reference incorporated
herein as if set forth in full, herein after referred to as the "Property"; and
1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re -zoning that the "Owners"
or "Developer" make a written 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 - 15 -12 and 11-16-4 A, which authorizes development
agreements upon the annexation and/or re -zoning of land; and
1.4 WHEREAS, "Owners" and/or "Developers" have submitted an application
for annexation and zoning of the "Property" described in Exhibit A, and has
requested a designation of (C -G) General Retail and Service Commercial
District, (Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owners and/or Developers 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
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
DEVELOPMENT AGREEMENT
PAGE 1 OF 14
Meridian planning jurisdiction, and received further testimony and
comment; and
:51.7 WHEREAS, City Council, the 41-+k day of
199 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 as provided for in the adopted 2002
Comprehensive Plan Future Land Use Map; and
1.8 WHEREAS, the Findings require the Owners and/or Developer enter into a
development agreement before the City Council takes final action on
annexation and zoning designation, and/or conditional use permit; and
1.9 OWNERS and/or DEVELOPERS deem 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; alt
1.10 WHEREAS, City requires Owners and/or Developers 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 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 Comprehensive Plan of the City of Meridian adopted
December 21, 1993, Ordinance # 629, January 4, 1994, and the Zoning and
Development Ordinances codified in Meridian City Code Title 11 and Title
12.
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 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.
DEVELOPMENT AGREEMENT
PAGE 2 OF 14
3.2 OWNERS: means and refers to LaMont Kouba, whose address is
13490 Guffey Lane, Melba, Idaho 83641, the parry owning the said
property being developed and shall include any subsequent
owner(s)/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', 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 City Code Section J
1-7-2 which are herein specified as follows:
Construction of a professional office subdivision on a currently
undeveloped parcel south of Ultra Touch Car Wash off of E. Fairview Ave
Development shall be consistent with the Zoning & Subdivision
Development Ordinances in effect at the time of development and with the
Meridian Comprehensive Plan Future Land Use Map which designates
the property as Commercial.
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:
A. Owners and/or Developer shall develop the Property in
accordance with the following special conditions:
Adopt the recommendations of the planning and Zoning and Engineering staff as follows:
SITE SPECIFIC REQUIREMENTS
1. Construction and placement of a 10' wide asphalt pathway, as called for in a
memo from Tom Kuntz dated August 9, 2002, shall be coordinated with the
Meridian Parks and Recreation Department.
2. In addition to the requirements of the Findings of Fact and Conclusions of
Law set forth in attached Exhibit B, Owner shall provide eleven (11) parking
spaces to the adjoining Ultra Touch Car Wash parcel located immediately
north of the property described in Exhibit A, and shall be subject to approval
DEVELOPMENT AGREEMENT
PAGE 3 OF 14
by the Planning and Zoning staff. A cross parking, access easement to effect
this condition shall be recorded prior to issuance of a building permit for the
property described in Exhibit A. The Planning and Zoning department must
review and approve the agreement prior to recording. This agreement is
reasonable because:
a. The Ultra Touch Conditional Use Permit was approved after a lot split
was approved.
b. The Ultra Touch Conditional Use Permit Site Plan and Application
showed parking on the parcel that was not sold to Ultra Touch, which
parcel is the subject of this Development Agreement.
c. If the off parcel parking is discontinued, Ultra Touch will then be out
of compliance with Meridian's Parking Ordinance.
d. LaMont Kouba owned the property on which Ultra Touch applied for
their Conditional Use Permit, and as Owner consented to the site plan
showing the parkins spaces to be built by Ultra Touch and now used
by Ultra Touch.
e. Ultra Touch provided and paid for the parking lot now built on the
parcel which is the subject of this Development Agreement
f. A cross -parking access easement, which shall be approved by the
Planning and Zoning Department, shall be provided for the eleven (11)
parking spaces.
3. The applicant shall comply with the annexation and zoning findings,
conditions, and requirements, that are attached hereto as Exhibit `B", along
with the conditions and requirements listed within this Development
Agreement.
GENERAL COMMENTS
a
1. Down -shield or otherwise alter all exterior lighting, whether attached to the
building or located within the parking lot, so that the light does not spill over
onto adjacent properties of rights-of-way. All parking lot lighting shall be in
accordance with Ordinance 11-13-4.C.
2. Provide signage in accordance with the standards set forth in Section 11-14 of
the City Zoning and Development Ordinance. All signage is subject to design
review and shall require separate permits. Temporary or portable signs shall be
prohibited, and will be removed upon three (3) days notice to the applicant.
3. Building and site improvement construction shall conform to the requirements
of the Americans with Disabilities Act.
4. Submit a drainage plan designed by a State ofldaho licensed architect or
engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas.
DEVELOPMENT AGREEMENT
PAGE 4 OF 14
Storm water treatment and disposal must be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of Storm Water
Best Management Practices for Idaho Cities and Counties and City of Meridian
standards and policies. Off-site disposal into surface waters is prohibited unless
the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The Applicant is responsible
for filing all necessary applications with the Idaho Department of Water
Resources regarding Shallow Injection Wells.
I Ni
5. Trash: The trash enclosure shall be enclosed on at least three sides by a solid
wall or sight -obscuring fence at least four feet in height in accordance with
Ordinance 11-12-1. C. Coordinate location and construction requirements with
Sanitary Services, Inc.
6. Certificate of Occupancy: All required improvements shall be complete prior
to obtaining a Certificate of Occupancy for the proposed development. A
temporary Certificate of Occupancy may be obtained by providing surety to the
City in the form of a letter of credit or cash in the amount of 110% of the cost of
the required improvements (including paving, striping, landscaping, and
irrigation). A bid shall accompany any request for temporary occupancy. Any
temporary occupancy shall not exceed 60 days to complete the required
improvements.
7. A Certificate of Zoning Compliance (CZC) and a building permit shall be
obtained prior to the start of construction. A detailed landscape plan, prepared by
a licensed landscape architect or other landscape professional, shall be submitted
with the CZC application.
IMTIAL POINTE DEVELOPMENT AGREEMENT SITE SPECIFIC
CONTITIONS OF APPROVAL
1. There shall be no loitering, littering or excessive noise pollution in the
common parking lot.
2. No vehicles shall be left in any one parking stall for a period longer than 48
hours.
3. A speed limit of IOmph shall be imposed on the common parking lot,
4. Parking lot and common area maintenance and repair, trash collection and
DEVELOPMENT AGREEMENT
PAGE 5 OF 14
snow removal fees shall be assessed to property owners based on the
percentage of total parking stalls assigned to said property owner.
5. Ultra Touch car wash shall have access to the eleven (11) designated parking
stalls only.
Adopt the Recommendations of the Central District Health Department as follows:
1. It is recommended that storm water be pre-treated through a grassy swale
prior to discharge to the subsurface to prevent impact to groundwater and
surface water quality. The engineers and architects involved with the design
of this project should obtain current best management practices for storm
water disposal and design a storm water management system that is
preventing groundwater and surface water degradation.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
Follows:
1. The Nampa & Meridian Irrigation District's Fivemile Drain courses through
the southwest corner of the above-mentioned proposed project. Any
encroachments will require approved plans and a signed License Agreement.
2. any storm drainage leaving the site or returning into the Fivemile Drain will
require a Land Use Change/Site Application.
Adopt the recommendations of the Meridian Parks & Recreation Department as
Follows:
1. We need a 10' wide asphalt path adjacent to the east side of 5 -mile Creek.
The pathway could be constructed over the top of the 20' sewer easement
and should be the length of sewer line.
Additionally, the applicant shall be required to comply with all conditions,
requirements, and Site Specific Requirements as set fbrth in the Preliminary Plat,
PP -04-012, and any future Certificate of Zoning Compliance.
6. 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 Owners and/or Developers or Owners and Developer's heirs,
successors, assigns, to comply with Section 6 entitled "Condisions Governing
DEVELOPMENT AGREEMENT
PAGE 6 OF 14
Development" of subject Property of this agreement within two years of the date this
Agreement is effective, and after the City has complied with the notice and hearing
procedures as outlined in I.C. § 67-6509, or any subsequent amendments or
recodifications thereof.
7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING
DESIGNATION:
Owners and/or Developers 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:
7.1 That the "City" provide written notice of any failure to comply with this
Agreement to "Owners" and "Developers" and if the "Owners" and "Developers"
fails to cure such failure within six (6) months of such notice.
8. INSPECTION: "Owners" and/or "Developers" shall, immediately upon
completion of any portion or the entirety of said development of the Propertyas
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
Development Agreement and all other ordinances of the "City" that apply to said
Development.
9. DEFAULT:
9.1 In the event "Owners" and/or "Developers", "Owners" and/or "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 modified or
terminated by the "City" upon compliance with the requirements of the
Zoning Ordinance.
9.2 A waiver by "City" of any default by "Owners" and/or "Developers" of
anyone or more of the covenants or conditions hereof shall apply solely to
the breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such or other
covenants and conditions
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
DEVEAMENT AGREEMENT
PAGE 7 OF 14
"Owners" and/or "Developer's" cost, and submit proof of such recording to "Owners"
and "Developers", prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and 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 "Owners" and/or "Developers", 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.
12.1 In the event of a material breach of this Agreement, the parties
agree that "City" and "Owners" and "Developers'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.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Owner" and "Developers" 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 § 12-5-3, to insure that installation of the improvements,
which the "Owners" and/or "Developers" agrees to provide, if required by the "city".
DEVELOPMENT AGREEMENT
PAGE 8 OF 14
14. CERTIFICATE OF OCCUPANCY: The "Owners" and/or "D 1 "
eve opers agrees
that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Owners" and/or "Developers" 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".
15. ABIDE BY ALL CITY ORDINANCES: That "Owners" and/or "Developers"
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.
16. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit
in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY
C/o City Engineer
City Of Meridian
660 E. Watertower, Ste 200
Meridian, ID 83642
With copy to:
City Clerk
City of Meridian
33 E. Idaho Ave
Meridian, ID 83642
OWNER
LaMont Kouba
13490 Guffey Lane
Melba, ID 83641
Robnett Construction, Inc.
172 S. Academy Avenue, Suite 170
Eagle, Idaho 83616
16.1 A party shall have the right to change its address by delivering to the other
parry 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
DEVELOPMENT AGREEMENT
PAGE 9 OF 14
6%
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 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 "Owners" and/or "Developer", to execute
K appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Owners" and/or "Developers" 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 "Owners" and/or
"Developers" 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 "Owners" and/or "Developers" 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,
Cd y' ursuant, with respect to "City", to a duly adopted ordinance or resolution of
21.1 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
DEVELOPMENT AGREEMENT
PAGE 10 OF 14
"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
PAGE 11 OF 14
ACKNOWLEDGEMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and made it effective as hereinabove: provided.
OWNER:
CITY OF MEERIDIAN
-i P} i;F 11'
DEVELOPMENT AGREEMENT
PAGE 12 OF 14
(STATE OF IDAHO)
COUNTY OF ADA)
�M-
year f On this — day of 0 o ve #,,
oe y- in the
Publi --I n Q La. before me, --av—A M. ' 6 —kx-nc, a Notary
c, personally appeared LaMont Kouba, knM-v-n or—identified to me to be
the person who executed the instrument and acknowledged to me that he
executed the same- ssfies"""t
COUNTY OF ADA)
Notary Public for Idaho
Residing - v
Commission teiares'� '
year of On this —a4-- day of �Javemt;qr- in the
2Q - before
Notary Public,— onaILA� a
Perslly appeared
-�"tkn=wn o �iden�tid
r-ze--- J ownor dent edto' metobethe
and
Robnett C 01
onstruct'On,who execut th—einstariw.-.-,� —.5mwW-,-
�d uax�-Vd -%AW=ertgtf vv,
fffnhaMey executed -the —same on behalf of said Robnett Construction, Inc.
Notary Public for Idaho
Residing at: D
Commission expires:". o-7
AGMEENENT
PAGE 13 OF 14
(STATE OF IDAHO)
:ss
COUNTY OF ADA)
On this ;i
day of Vin the
year of ;:IV before me, -m ,. a Notary
Public, personally appeared Tammy DeVeeici and
will. G:` erg; Jr
known or identified to me to be the Mayor and City Clerk, respectively, of the
City of Meridian and the persons who executed the instrument and
acknowledged to me that they executed the same on behalf of said City of
Meridian.
(SEAL)
Notary Public fo. Idaho
Residing at:i : x
Commission expires:
.1 1+ _ Amnon construction, Inc. Dev Agmtoev 1. ..
DEVELOPMENT AGREEMENT
PAGE 14 OF 14
EA
b4-057-00
IDAHO
SURVEY
GROUP
M
Proposed ]initial Point Subdivision
1450 East Watertower St.
Suite 150
Meridian, Idaho 83642
Phone (208) 846-8570
Fax (208) 884•-5399
March 12, 2004
A parcel of land located in the Northwest '/4 of the Northeast K of Section 7, T. 3N., R.
lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the '/
comer common to Section 6 and the said Section 7, from which the Northeast corner of said
Section 7 bars South 89°28'06" East, 2641.06 feet; Thence along the North-South mid-section
line South 00034'26" West, 300.00 feet to the .REAL POINT OF BEGINNING.
Thence South 89°28'24" East, 330.00 feet;
Thence South 00034128" West, 372.16 feet to a point on the North line of Danbury Fair
Subdivision No. 4, as same is recorded in Book 68 of plats at page 6961, records of Ada County,
Idaho;
Thence along said line and the North line of Sterling Creels Subdivision, as same is
recorded in book 77 of plats at page 8100, records of Ada County, Idaho, North 89"42'56" West,
330.00 feet to the Northwest corner of said Sterling Creek Subdivision;
Thence North 00*34'26" East, 373.56 feet to the Point of Beginning. Containing 2.82
acres, more or less.
Prepared By:
44
r\F flP �a�c�
D. Terry Peugh
Professional Land Surveyors
s
s � '
i�;
ON ifITB A C D mTrwnt. USE PERMIT
ass►rT11148 IQNI�.� ____
835 8• ` FAIttVI xAVB�iUE
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Thi" above „entitied annexation and zoning ,application33having
dome on ;or consideration on May 14, 1996, at the hour of 7:30
o'clopk p.m• on said date, at ;he Meridian City ,rill, 33 East Idaho
an6d the Planning and Zoning Commission
Street, 'Meridian, Idaho,
r
Y�aving;, heard and taken orale and written testimony and the
Applicant's representative, Bob Daugherty, appearing in person, and
s!..
the Planning and Zoning
having duly considered they matter,
Commission makes the: following:
rINDINQG OF FACT
1. That notice. of ;,public hearing on the annexation and
zoning was published for two (2)
consecutive, weeks prior to the
sarid
for may 1996, the first
pudic hearing scheduled
Zz,
L ublication of which was fifteen (15 j days prioxy: to said hearing;
p ed that
that thmatter was duly considerat May
14, 1996, hearing,
e
public was given full opportunity to express comments and
the p
1 submit evidence; and that copies of all notices were available to
iewspaper, radio and television stations.
2. That the property
included in the application for
FINDINGS OP'�' SACT ASID CONCLUSIONS OF LW - PAGE - 1
a JOHNSON-KOUBA
N ? 0"f Xf
F.
l4`
g F.,
annexation and zoning is described in the application, and by this
reference,,, is incorporated herein; that the property is
r. 5:
approximately 3.87 acres in size.
3. That the property is presently zoned by the county as R -T
(Rural Tradsition); that Pe Applicant requests that the property
be, --zoned General Retail and Service Commercial (C -G), and ha.4
re quested,:& conditional use permit "to allow the construction of a
commercial facility with two (2) initial retail. sales tenants; that
one (1) tenant would be Nxtrems: Sports, a""Jet Ski Retailer, the
other would be Treasure Valley Auto Parts, an auto parts retailer,
both q►,ould be providing sales.. and service; that there will be an
expressa/lunch shop; that these progbood retailers would be located
ih the first building, which would front on Fairview Avenue and be
of -concrete blocl construction.
4. That currently the property has a single family house
with various out -buildings, a large asphalt parking area and the
balancer of the property is pasture; that the Applicant proposes
removing the house and out -buildings.
f 5. That upon completion, and as demand requires, the
Applicant proposes the construction of two (2) additional OR & M
T,
Steel Buildings"; that these two constructed buildings will be
towards the rear of the property; that the anticipated tenants will
be `geared towards the auto service industry, such as, an auto
detailing shop, muffler/welding shop, and recro tional vehicle
repair shop.
.;;
FINDINGS OF FACT AND CONCLUSIONS OP LAN
JO 80N-KOUBA PAGE - 2
5. The general area surrounding the property is used
primarily for commercial -
_ purposes, that the property to the north
S:
is being developed by AVEST PLAZA for the 'Fred Mayer .1r shoppin
canter; that this property is situated between Matidian Auto Sales
and Roundtree Chevrolet, which are zoned commercial*.
V'
7. That the property is adjacent and abuttin to the
, ; g present
City limits; that the property surrounding this lot is in Meridian.
r.?
�4 8. That the property included in the annexation and zoning
application is within the Area of Impact of the�Cit f Meridian;
. � _: y Y
that the parcel of ground requested to be annexed is presently
included within the Meridian Ur _
_An Service Planning Area (U.,%.P.A. )
Ah the Urban Service Planning Areae is defined in the Meridian
Comprehensi`we Prin. u
.Y
9. That Lamont and Lynr�Kouba, of Meridian, Idaho, are the
id
owners of theproperty and have requested this annexation and
A�
zoning and conditional use: and the application is not at the
;A
request of the City of Meridian.
1Q.'* That=the property could bePphysically serviced with City k
water and sewer.''
ri:
lI. Applicant's representative, Bob Daugherty, testified that
E this application is for a proposed commercial development which
would be primarily geered towards: the Automotive and recreational
industries; that the initial site plan reflectedy,an entry on they
west aide ofn;the: 15roperty; that after conversations with the Ada
County Highway District (.ArCHDY, they suggested moving the entry to
FIX* NGS OF FACT AND CONMMIONS OF: LW -
JOHNSON-KOWA,
r
PAGE - 3
�11
r
Fir
,y
V the east side of the property which would be next tq,the Roundtree
Chevrolet dealership; that the new site plan indicates, as did the w
r x W �.
old��'hite plan, that on the went side: of they.: property it is bordered
by Meridian Auto Stiles and on the�ea$t side of the property is
Roundtree: Chevrolet; that directly to the south70f the land is
vacantert
ro
p p y; �. that on the southeast sicca of t" land is Danbury •
Subdivision; that on the southwestt-corner of the property is the
, Five Mile Creek Drainage; that the fnitial •building in the front
would be a block `building and the rear buildings would Yfbe
constructed of R and M Steel;-.vthat tfie belief is that this facility
will fit in this area; that ::the five: foot sidewalk, mentioned in
staf f's co Gents to conn6ct to the Adewalk on Fairview Avenue, is
addressed in the Ada County Highway District'i% impact fees; that
k
thd�35 foot setback,; along the main corridor of=Fairview Avenue is
. z.
9i
anticipated to be bermed and landscayped.
Yy �
Mr. Daugherty added that there ,are: two wells currently op the
m,.
=property; that the Applicant expects to abandon one and anticipates
using the other for the pressurized"irrigation system; that the R f
ands M, Steel buildings_,, will be constructed 'and divided ug.;!with
partitions according to demand, separating them for individual
uses. 91
12. Commissioner Sopped cited that Roundtreee does not
x have any service doors facing' south towards Danbury Faire
Subdivision and that he is concerned about what is marked as M,-0,
P and Q, whore the service: doors, on those would be in relationship
,g
n
rINDINGS OF PACT AICD`' CawmuSI0i8 OF LPN -
Flo JOHASON-ROUBA � PA aB - 4
r
:r
to the entrances to Daub
Y Fair Subdivision; that thera
e should be
at T least a 24 footY' planting strip on the south with non-
glare:
lights and no outside -speakers which could be obtrusive to they
residents on the other side of the fence.
r; 13. Commissioner MacCOX comn►ented that the
1 ` Abp icant consider
building mounted lights which arc shitlded so you don'ts have.
lighting way out into the back end which would"create arob
P lem;t,
u 14. Diana Boyd testified regarding heri, concern of
contamination; that the Applicant is a. little premature in
trying
to het this property rezoned to commercial until thew contamination
is cleaned -up; that she has spent a lot of money in trying to get
Mr. Kouba to dlean up the contamination; that it has not been
cleaned up on her area which is coatajf
ntineted from his side of k:
the
fence because_it was a spray service; that benzine and chloradine ,
are- on her;side of the fence which has not been cleaned u that
w ; P
the Applicant has a beautifuil laid out plan but .s'he doesn't
y think
it is going to look like the plot looks.
5. Bob Daugherty added that tha; concerns over contamination
ars legitimate concerns; the Depar4aent of Quality
Environmental
,= Q ity
(DZQ`);,; that was investigating the areae= and the property; that he is
r: Si
certainly villin to�"have:: this �Irrannexation and zoning g
g and
conditional ;ase permit contingent on leaving a clean bill of health
from~the` State of Idaho Dapartment'�Of Environmental
Quality. In
addition, he'%as elected not to even try to'...put in an auto body
shop and would have no)(problems with required conditional use tfor
FINDINGS OF FACT AND CONCLUSIONS 010 LAN -
JOHN40N-HOUBA
PAGE - 3
542-5r
uses.
16- Eleanor and Rod Johnson
on which Round'r-: Chev testified that
property
they.;; own the
Chevrolet sits
is leasing,-' , which L. B. Induat�ies
�rnd the property to the east of
which is one full acre tot Mr' Rouba�8 Property
fence q the canal bank;
line��h s been "' , that the
� moved, thats they Y don't want access ac
ross their
17. That the "
Department ;,Meridian Police
Assistant Department, Fire
to the ''Meridian Cit �.
Highway District, Meridian Planningy Hngineer, Ada County
.'�'Direcfor
Health Department , Central District
and the
submitted co Nva & Meridian Irrigation
stents• that those coA District
'" �tntents
this .#eference as"'if set"s are incorporated herein by
forth in full.
18• That Bruce Freckleto
Engineer, submitted thefollowin n, the Assistant to the City
g comments:
1• That � le
describe the subject description submitted
.. an error in the O,-arCsl, however they nears t to
appears to be
2 -
That the site will be contiguous
already within the Co to several
surveyor preparing rPorAte City Limit and that therland
should contact thPublic
legal dal description for .
M legal description. Works De a Annexation
P rtment to discuss the
3- That y existing
crossing the: -'property $hallibe irrigation/drainage ditches
4• That any existiu
systems within this g domiestic wells and/or their domestic serviceo3ect will have to be r septic
be used for per City Ordinance, t well from
irrigation. non-d�stic Purpo$eS such°`as wells
landscape
`= 5. That water services
results from a hydrauli a is contingent upon
anaZye1S:. Positive
FINDINGS OF FACTD
ti
JOHNSON -HODS CONMUSrOITS OF jaw
PAGE - 6
d.:
ty;1
x.Ile
:Ye
6. That a drainage plan designed by an architect or an
engineer shall be submitted for all off-street parking
areas. r
7. That outside; lighting shall be designed and placed'
so 'as to not direct illumination on any nearby
residences.
'8. That all -signage :shall ben accordance with
Meridian City Ordinance's
r 9. That off-street paiking, paving and strippin
gv 'shall
all be:
provided in accordance with City Ordinances and
that tie paving and striping whal.0 be in accordance wilth
the Americans with Disabilities Act.
10 , That water service to this development shall be fram
an extension of 'The exie�ting 8 inch diameter main
installed along the southerly side of Fairview Avenue;
that all water mains shall be; installed at 'aubdivider's
expense; that location of fire hydrant, water main sizes
and locations shall be goordinated with the City of
-Meridian's Water Works Superintendent; that Development
plans shall be reviewed and approved through the Public
Works Department.
Y 11. That sewer service to this development shall be from
an existing main that is in place along the west side of
the site; that all sewer mains shall be installed at
subdivider's expense and coordinate sewer main sizes and
location:: with the Public Works Department; that
Development plans shall bereviewed,and approved through
the Public Works Department.
12. That`the treatment capacity:;f the City of
Meridian's Wastewater Treatment Plant is currently being
evaluated; that approval of this application needs to be.
contingent 'upon the: City's ability to accept the
additional sanitary sewage generated by- this proposed
development. .
X13. Indicate any existing FEMA FloodplainBoundarieson
the Site Plan IMP, and/or Any plans' to'' reduce said
boundaries.
14. That" thel Applicant Shall develop pressurized
= irrigation systext plans for the subject site due to the
area to receive irrigation.
19. That the Planning and Zoning Administrator, Shari Stiles,
�1
FINDINGS OF FACT ADD CONCLUSIONS OF LEE -
JOHNSON-KOUBA
M
is
a
PAGE - 7
IF ZS
03..
6E
r
submitted comments and they are incorporated herein as if set forth
in full, as follows:
1. That this request for Annexation and Zoning of C-G�d'
with a Condition Use Permit is :consistent w4th the
Meridian Comprehensive Plan and is located in a Mixed -
Planned Vae Development area as shown on the Generalized
y` Land Use Plan.
2. Ada County Highway District policy requires that
access from R.Airview to this development be located on
the east side and that cross access agreements be entered
into for the properties east and west of this parcekl;
that the site plan may be able to be flopped to
accommodate this requirament.
fk
3. Providefire: access and hydrant locations in
accordance with the Uniform Fire Code and Meridian Fire
Department policies.
`4 . Fifty-four (54) � three-inch''"' (3") caliper trees are
required for this development, but ma,► not be located
over the 'existing sewer line or over Aher utilities as
depicted; Applicant shall revise landscaping to relocate
trees. 4
5. Provide °a copy df the executed license agreement
.r with Nampa -Meridian Irrigation District to allow planting
within their easement right-of-way 2prior to obtaining
building permits. If traces are not allowed in this
easement, trees shown will need to be relocated.
6. Coordinate dunpster site locations with the City,s
solid waste contractor;` Sanitary Services, Inc., so as
not to impede fire access and 'a<11 dumpsters shall be
contained in a screened enclosure
7. Dedicate four (4) additional feet of right-of-way on
Fairview Avenue (5 41 from centerline) .: Furnisha copy of
recorded warranty deed for dedication, of additional
right-of-way prior to obtaining building perx.its.
8. Providefa thirty-five (351) foot landscape setback
beyond required right-of-way. Applicant to provide
detailed landscape plan including berming details for
approval prior to obtaining building " permits.
V'r
Sidewalk/curbing should be installed along Fairview
Avenue to provide finished appearance. ACHD has
requested that monies for the sidewalk be deposited into
:3
FINDINGS OF FACT
JOHNSON-XOUBA
r
AND CONCLUSIMS Or LAN -
PAGN - 8
a trust.
$; 2
9. Applicant to provide curbing and underground
sprinkler system for;all landscaped areas.
4 it
i0. Maintain twenty -foot (20') buffer strip adjacent to
Danbury Fair Subdivision gas.. Blown on plan. The to
Property to the south may .:also require additional z.
buffering by means,. of fencing/1"dscapiri . '
,
11. Provide temporary fencinglto coDtain debris during
construction. _
12. That all paving, i triping and lsiignage of the pawking
lot to be in accordance with Meridian City'Ordinance and
the Americans with Disabilities Act.
Pl
13. Lighting shall not illuinate adjacent residential
properties' cause glare.
14. A development agreaMnt/detailed conditions of
A, R approval are required as a condition of annexation; that
all uses should be developed under the conditional use
permit process. ;Ii
15.' That the Applicant shall provide; a revised site plan
meeting all staff and agency .,
g cy requirements prior to public
hearing at"City Council level.
20. ;;;That the Ada County Highway District submitted comments;,
and they are incorporated herein as if set forthmin full. That they
Disltrict aubmitted site specific requirWWnta, whici are as
4ollows:
1. That the Applicant dedicate 5+ feet of right-of-wayN
from the centerline of Fairview: Avenue abutting the
parcel. (4 additional feet) by spans of recordation of a
final subdivision plat or execution of a warranty deed
prior to issuance of a building permit (or other required
permits). 4.
2. Provide at $1, 275 - Q0 deposit to the: Public Rights -of-,
Way Trust AFund for the cost of constructing a 5 -foot wide
concrete, cn Fairview Avenue abutting the
(Approximately parcel
, (a.a PP y 150 feet).
3. Constructµa 36' wide driveway 1pcated: at ` is site I a
JOHNSON-KOUBA ti PACE - 9
vv;
ti
east property line. The driveway shall be paved a
i.dnimum of 30 feet into t a site and shall have 15 foot
4 radii..pavement tapers. ,
4. That the Applicant be required to provide cross
access easements to the parcels abutting the s'ite's east
and west (the parcel south of Meridian Auto Sales) to use
shared access points for access to Fairview Avenue,, prior
to issuance of, a bpilding permit or 'tither required
permits. The District intends to require a similar_
"agreement of the owners of the parcels to the east and
west if they are they*object of a future development
application. =
5. Other than the access point specifically approved
with this application= direct lot or parcel access to
Fairview Avenue is prohibited.
21. That the Sewer Department submitted a:rconnent regarding
the conditional use request and such comment is hereby incorporated
herein ars if set forth in full; .-that a copy of the 4nterna`l
plumbing plans be submitted; that review of construction plans for
pretreatment purpose will be required.
22. That the Water Department commented that the plans for
the proposed water main, fire hydrants and domestic service
lopations. and sizes need tobesubmitted to the Water"Department
and reviewed.
23. That Commissioner MacCoy submitted statements regarding
r
this application and they are.: hereby incorporated herein as if set
,F
forth in full; he commented he had no objection to this property
being rezoned to C -G in light of what is already so zoned and
consti= cted along Fairview Avenue; that he does' object to the
property to the south being zoned C -G in light of other County R -T
located there.
4.
FINDINGqOF FACT AND CONCLUSIONS LAW
JOANSOB-40UBA PAGE - 10
r
.. rc
I:
24.
ra w
That the following pertinent Statements
Meridian Comprehensive Plan;
r
A. Under ECONOMIC bEVELOPMENT,
Statement
1.3
1.6
are made in the
Y
Economic'` Development Goal
The character, site�!
fF
nts
commercial or industrial v dv and
type of new
harmonized with the natural environment and respect the--
uld be
unique needs and features of each area.
It is the policy of the City of Meridian to support
S=hopping facilities which are effectively► integrated into
new or existing residential areas
Shopping centers a , and0pIan for new
firth and development warrant.
Under LAND USE
K
5. MXXED-PLANNED USE D
EVELOPMENT, Page 28
Mixed-use mea at Locust Grove Road a
Plug Area North of Fairviend Fairview Avenue Yr
oa Avenue.
ti These areasare within
Ada County, but nearly surrounded
by the City of meridian. The area is characterized b
large rural lots
order u st' ' and a sparse development pattern. In
�aulate planned development
the following policies apply; in these areas,
as. 5.16U All development requestw will be Subject
to development review and conditional use
permit
processing to ensure neighborhood eompatibilit .
A
b• 5.1TU y
variety of coordinated, planned and
compatible land uses are desirable' for
s area,
including low -to -high density residentialoffice,
light industrial and commercial land uses.
ce 5•18U Existing residential propert. will be
protected from incompatible land use development in
this area. p.
Screening and buffers will
incorporated into all develbe
area. opment requests in this
4
IC- Under COMMUNITY DESIGN fat Page 71
f«'
1• Entryway Corridors A
2. Fairview Avenue (East entrance). H.
F' l"119GS OF FACT AND conMUS IONS Ota` U
JOHNSON-KOUBA
LM
PAGE -11
It OP Z5 �A
a;
19
3. Entrance Corridors Goal Statement, - Promote,
encourage, develop and maintain aesthetically
pleasing approac"s to the City of Aridian.:a
3. Policies, Page 71
L1
.,; a. 4.3U Use, the Comprehensive Plan, subdivision
regulations, and zoning to discourage strip
development and encourage clustered, landscaped
business's development on ogtrance ,corridors.
b. "4.4U Encourage 35 -foot landscaped setbacks for new
development on entrance cokiidors. The City shall
; "require, as -- a condition of development approval,
landscaping -along all entrance core dors.
4. Neighborhood Identify Goal' Policiessss, Page 72
,s
a. 6.4II Z33" J' they conversion of predominantly
residential neighborhoods to nonresidential uses,
and require effective buffers and mitigation
measures through:tionditional use permits when
appropriate nonresidential uses are proposed.
x
25. =That the property 'is ;,,included within an area designated
tlS
it
on the Generalized Land Use Nap in the Meridian Comprehensive Plan
as a commercial area; that the commercial area is xin an area that
is listed as a Mixed/Planed''Use Developt area.
26. That the requested zoning of General`Retail and Service
Commercial, (C -G) is defx..ined in the Zoning Ordinance at 11-2-408 B.
11. as follows;
L1
(C -G) General Retail go SeXXIge C_egzqWcal: The purpose of.
the (C -G) District is to Orovide for commercial uses which are
customarily operated entirely or almost" entirely within A
building; to provide for a review of the impact of proposed
commercial uses which are auto and Aervice oriented and are
located in close proximity to major highway or arterial
streets; to fulfill the named of traveliFelated services as
well as retail scales for the transient and per*anent motoring
public., All such districts shall be connected to 'the
Muni°cipil .,ylater and Sewer s"temsE of the City of Meridian, and
shall not constitute strip commercial development and
encourage clustering of corns rcial development.
FINDINGS OF FACT AND CONCLUSIONS, -OF Lei
OHNSON-ROUBA PAGE - 12
KK
y
' 27 • That Section 11-2-409, 2 409, ZONING SCHEDULE OF DS8 COST
Commercial TROL, B,
.. . lists commercial uses allowed in tide 'various zoning
districts of the City; that individual y
department stores, retail T
stores, restaurants, and wholesale facilities,are allowed uses in
r_ theRaC-G district; that planned°c
°�9;. l developments, are an
allowed use in the C -G district.
That Planned Develo t9
N Pmen
`jis defined in 11-2-403 Br at
Peg 20 of .,the Zoning Ordinance booklet, as;IN
follows
:
"An area of land which is de:veoped as a sin
Y: n
w umber of a. uses in combinafi�,ion with or'` ex single entity for a
_F industrial, or comm ve uses. A PD may elusive of other
commercial or $ y be entirely residential,
'�PD does not necessarily correa mature of compatible use3. A
y Pond to lot size, bulk, density,
n dot coveragye r;�quired, opts
'coninercial or Indust rial:uees�ce or type of residential,
more created districts or this Ordinance.-
in any Y one or
and a Planned General Development is defined as fgllows:
"A development not otherwise distinguished-, f
r,Commercial, Industrial, Residential Developmentsterior ; or in w
the proposed use of interior � hed- under Planned
' 4i.ch
unusual design flexibility to -achieve a completely logical . complimentary quires
ry conjunction of uses and functions, g and
Flassification applies: to essential public services This PD
: private recreation facilities
institutional sea, ommunity
41 facilities or a: PD which includes a
„Y commercial or industrial uses. mix °1 residential,
9• That in 19,92 the IdahoState b
Legislature passed
amendlents to �he Local Planning Acts, which in 67-465:13
a o C e
relating t0 MU iv &ion ordinances, states as: follows: '
ach such a%dinance: may provide for mitigation
,Of subdivision development on the g, of the effects
subdivisions of the state ability of political
deliver services without including school diftricts, to
omPrOmising quality of service
delivery,, to current re�idsnts��` _�
additional casts upon or imposing 'stantial
f3 subdivision."; ;$ p cent residents to accomodate the
FINDINGS OF FACT:._.AND CONCLUBIO�TB°`OF LM
JORNSON-•KOUBIi
FAGS - 13 n.
4i
D> :
s:
:x
, 77
that the City of Meridian is concerned with the increase in
population that is occurring'and with its impact on the City being
able,, to provide fire, police, emergency health, care, water, sewer,,
pales and recreation services toNits current residents and to„those►
moving into the City; the City is 1166 concerned that the increase
in population ip: burdening the schools of the Meridian School
Fv
District which provides school service "to current and future
residents of the City; that' the City knows that the increase in
population, and the: housing for that population, does not
W,
sufficiently increase the tax base' to offset the cost of peo7,,iding
fire, police, ,emergency health care, v� er' sewer, parks and
recreation services; and the Citi' knower thattheincrease in
population does not providl sufficient tax base to provide for
school services: to current and future students.
30. That pursuant to the: instruction, guidance, and direction
of the Idaho State Legislature, the City m;ky impose either A
lir
vio
development fee or a transfer fee on residential property, which,
if possible, would be retroactive: and apply�to all lots in the
City, because of the iwperilment to the health, welfare, and safety
of the citizens of the City of Meridian.
31. That Section 11-9-605 C states an. follows:
"Right-of-way for pedestrian walk*ays in the: middle of long
blocks may be required where necessary to obtain convenient
1pedestrian circulation to -schools, parks ,;or- shopping areae;
the.: pedestrian easement shall be at leest ten'` feet (10')
wide . ”
32. That Section 11-9-605 G I. states as„follows:
r -
r• ;y
u
FINDINGS OF rACT AND COMCLUSIONS OF LAN —
J„ SON—KOUBl► s P11G8` — 14
sa
N
s
T
s shall be r red to, be placed next to
strips p e such as h�ghwaya, railroads, commercial
incompatible features from residential
or industrial uses to screEn the vim+,
properties • Such scrEeainq shall be a mini of twenty feet
rmal street right
(20 1) wide, and shall not be a part of the..: no
rt'
of way or utility easenent.,*
33. That Section 11-9-605 H 2. states as follows:
nBxisting natural features which add value!, to residential
development and enhance
the, attractiveness of the community
( such �as '" trees, watercou secs,
historic spots and similar
irreplaceable amenities) shall be pre*
eaved in the design of
the'subdivision;" ,
34. That Section 1I-9-605 L states as follows:
pedestrian ,pathways shall be encouraged within
"Bicycle and P public right of way or as
r= new developments as part of the p
separate easements so that anat�t f=it the automobile)
'ctransportation in be
` (which is distinct and..
n pew Area. The
provided throughout than _CitlylUrbban a�Nthe' eicycl� Pedestr an
Commission and Council sh (as prepared by Ada, County
y �Q, cn Man �a► or Coan v
ecestrian
District) when review�,ng bicycle and p
Highway P<.
pathway provisions within devel, uts.,
`"_Applicant submitted
35. As stated above -in paragraph 3,
an application for a conditibli4 use to allow commercial retail
P�
uto industries; thak�
sales busisesas+s catering
to recreatio"i and fi
such material on the conditional use pelt ie incorporated herein
b this reference as if set forth in full; that the Applicant did
Y r
not '�pecificallyY address the conditional use dor the
rthat ae found
is
wholesale/retail business at the. public hearing;
Director -Stated that the'"fApp
abovlicant needs to
e-, the planning' ,
rovide a minimum landec a setback of 39 =foot from the required
P �went and
:.- ACED right-of-way; that all outdoor storage: of equip
materials shall be screened from view from any existing adjoining
ce or residentially zoned area and not located in any front
residen s
!'TIDINGS OF FACT An CONCLUSIONS' OF L - PAGE - I5
JOINNSOX-ROUBA
in
1� 2+
Lc
yard setback area; that the display area shall be uncluttered; that
all off-street parking areas and all ditches.. be�.tiled per City
x
ordinance.:; that the lighting shall not cause glare or adverse
impact to residential properties or traffic �on Fairview Avenue;
that a development agreement shall be requi ed As condition of
annexation; that A CertifigAte of Occupancy is required prior to
opening for business and thatz*tile locationof the handicapped
parking stall be adjacent to the building.,
36. That there are commercial uses on both aides of Fairview, z �;
r
including a used car lot, a retail paint store, a fitness center on
.Y
.. t
the north side of Fairview, and restaurants on the north side o
also on the north side of Fairview Avenue there is a
Fairview;f ,.
carwash and an emer'4ency `'-Medical office; th4t farther 41Ast on
f
Fairview Avenue is an Intermountain Farmer retail store.
37. That proper notice was givenas: required by law and all
procedures before the Planning and Zoning, Commission and City
Council -were given and followed.
a CoNcLUSiONS fa
Y•s
1. That ak-1 the procedural requirements of the Local
Planning Act and , of tie ordinances of the City of Meridian have
been met; including the mailing of notice hto owners of property
C,
within '300 flet of the external boundaries of the Applicant's
pioperty. .
That the City of Meridian has aAhority to annex land
2. =-
.r�
;f�"`ursuant to 50-222, A o oe, and section 11- -417 of the Revised
t:
4iNDiBa3 of FACT AND cONcLusionoor Lei
PA48' - lb
Yet
' ro8f S=-KOUBA
f
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and Compiled Ordinances of the City of Meridian; that exercise of
the Citylb annexation authority is a legislative function.
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3. That the City Planning and Zoning Commission has judged
these annexation, zoning and' conditional use applications under
1SJah2 Code, Section 50-222, Title 67, Chaptee;65, Idaho Code,
Meridian Cit Ordi
Y nances . rid�.an ,=Ca�aprahansive�'�la`n, as ztmended,
and the record rJ submitted to it and things df which it can take
judicial notice.
4. That all notice and hearing require"nts: set forth is
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Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
S. That the Council Pay -take judicial notice of government
ordinances, and policies, and oi aclLal conditions. existing within
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the City and State.
6. That the land within the proposed annexation is
contiguous to the present City limits of the City of Meridian, and
the annexation wou181 not be a shoestring annexation.
7. That the annexation` application has been initiated by the
Applicant with the consent of the property owner, and is not upon
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the initiation
of the
City
of Meridian.
8. That
sine®the
annexation and zoning of land is a
legislative function, the City has authority to place conditions
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upon the annexation of land. Burt va.RCity oiho galla 105
Idaho 65, 665 P.D 1075 (1983).
9. That the developmeneof annexed land must meet and comply
FINDING OF FACT JUM COUCLUSIO6 aF LAN -
J0NNB()N-KOUBA PANE - 17
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with the Ordinances of the City of Meridian and in particular
Section 11-9-616, which pertains to development time schedules and
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requirements, and Section 11-9-605 M. , which pertains to the tiling
of ditches and waterways. T'
10. That the Applicant's proposed use of the property is in
compliance with the Comprehensive Plan, and "therefore the
17.1
annexation and zoning Application is in conformance with the
Comprehensive Plan. k;
11. The Applicant has stated and represented that its
reiated to the automobile and oche=
intention is to have businesses"
motor vehicles, which are:permitted uses in the'C-G district.
12. That, as a condition -.of annexation and zoning of C -G, the
Applicant shall be required to enter, into a development agreement
as<';authorized by 11-2-416 L and 11-2-417 D; that the development
agreement shall address, among other things, the following:
1. :a Inclusion into the development of the're4uirements of 11-
9-605 Y.
a. C, Pedestrian Walkways.
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b. G 1, Planting strips.
Vic. H, Public Sites and Open Spaces`. `
d. K, Lineal O0en Space Corridors.
e. L, Pedestrian and Bike Path Ways.
f. Ne'Pressurized Irrigation
2. The concerns of the owners of property along Fairview
Avenue, stated in prior public hearings, wefe of having
lights, particularly automobile headlights, shine into
their yards and hones.
3. Payment by the Applicant, or if required, any'assigns,
heirs, executors or. personal representatives, of any
impact, development, or transfer fee, adopted by the
City.
4. Addressing the access linkage, screening, buffering,
F IND INGS OF FACT AND CONCLUSIONS CW LAW -
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12. The $ewer and.water requifements,
13. Traffic plans and access into and out ff the development.
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14. And any other items dsenas4d nec�sary '`bi the City Staff,
including design re�viev of all development, and
conditional use.: processing as required under the Meridian
Comprehensive Plan. `
13. That Section 11-2-417 D'`of the tesridian Zoning Ordinance
states in part ass follows-:
' 01f property 4s e►nr�exed and zoned,,the City may require or
permit, as 'a con ion of.the zoning, that, an owner or
developer sake a written cconcerning the use or
development of the subject property. If -a commitment is
required or permitted, it ,shall be recorded in the office of
the: Ada County Reorder ""' and shall take pf fect upon the
adoption of the ordinance annexing and zoning the property, or
prior if agreed to n;
P gr by the v++e of the parcel. ,
that sincw-the enactment of the 'above section, the City has found
Chat it is difficult= for the City and the Applic ant to enter into
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a development agreement prior to annexation; that it is therefore
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FINDIX= OF PACT ASD COWMI O! I.RN -
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transitional land uses, traffic study And recreation
services.
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An impact fee to help acquire a future school or, park
sites to serve thb area.
6.
An iiapact fee, or " fees, for park, police, and fire
services as determined
by the City.
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7.
Appropriate berming rnd landscaping., 75
8.
Submission.end,.gPproval of any required plats.
9.
;Harmonizing and int*6i&#ing the site improvements with
any existing residential develolmiht.
10.
Establishing the 35 ;goot landscaped setback as mentioneskA
in the planning Diractorsconsents and in the
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Comprehensive Plan_and landscaping the same.
'= 11.
Addressing the other counts of the,Planning Director,
Shari Stiles.
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12. The $ewer and.water requifements,
13. Traffic plans and access into and out ff the development.
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14. And any other items dsenas4d nec�sary '`bi the City Staff,
including design re�viev of all development, and
conditional use.: processing as required under the Meridian
Comprehensive Plan. `
13. That Section 11-2-417 D'`of the tesridian Zoning Ordinance
states in part ass follows-:
' 01f property 4s e►nr�exed and zoned,,the City may require or
permit, as 'a con ion of.the zoning, that, an owner or
developer sake a written cconcerning the use or
development of the subject property. If -a commitment is
required or permitted, it ,shall be recorded in the office of
the: Ada County Reorder ""' and shall take pf fect upon the
adoption of the ordinance annexing and zoning the property, or
prior if agreed to n;
P gr by the v++e of the parcel. ,
that sincw-the enactment of the 'above section, the City has found
Chat it is difficult= for the City and the Applic ant to enter into
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a development agreement prior to annexation; that it is therefore
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FINDIX= OF PACT ASD COWMI O! I.RN -
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concluded that, a development agreement shall be entered into,
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dealing with Ufamatters set forth in the preceding section prior
td` issuance of a building permit:
r 14. That` it is concluded that the annexing and zoning of the:
property is in the best intoerests of the City of Meridian.
u_. 15. That it is con4, udsd�, that 11-2-418 G< oT the Revised and
Compiled Ordinances of the City of meridian'-sets forth the
standards under which the s all review applications
for Conditional Use. Permits; that upon a review of� those
E er:
rdquirements and a reviewf the facts presented and the conditions
a ', 01,o ft Ay Z?- &# &-
Of' the. area, the Gity concludes as follows:
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A. The use, would in tact, not constitutes a conditional use
as under the Meridian ZQn4ng Ordinance planned commercial
development, retail stc=es, and wholesale facilitid's, are
permitted uses in the C-G district, but sifice the
Comprehensive Plan states that all development requests
in the-Mixed Use: Areas around Fairview Avenue and Locust
Grove Road will be subject to development review and
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conditional use permit processing to ensure neighborhood
compatibility, the conditional user:application is,4—semed
to be appropriate; as is the granting of such conditional
use.
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b. The use should be harmonious with and in accordance with
the Comprehensive Plan, if the requirements in these
Findings of Fact and Conclusions of Law are eat, but the
Comprehensive Plan requires a conditional use permit to
allow the use. 3
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c. The use apparently wouldjoe designed and constructec4i: to
,be harmonious in appearance with the intended character
of the general =vicinity as long `as development is
undertaken to most the representations ofltbe Applicant
in the Application and as stated,at -'the public hearing
and thou that may be required by the City under Agsign
review.
d. That the use would not be hazardous nor -should it be
disturbing to existing or future neighboring uses as long
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FINDINGS OF - FACT AND CONCLUSIONS OF Lax :T
JOHNSON-ROUBA PAGE -?0
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R -as development is undertaken to,) --meet the representations
of the Applicant and those that may be required by the
!,,,City under design review.
s a. The property will have sewer and water service available,
but the Applicant will have to extend the lines to serve
all parts of his property.
;ss
f. ,,The use would not create excessive additional
requirements at public cost for public facilities: and
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services and the use would not be detrimental to the
economic welfare' of the community.
•` g. The use would not involve: a use, .s activityl proapas,
material, equipment or conditions df operation that would
>= be deeximental to person, prope3rtyror the general welfare.
by reason of.F-SXcessive production of traffic or noise.
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h. That suf f icient afkin for the s
p g property and the proposed
elluse will required -and the: parking ordinance shall be
met the includiing preparation of A Varking plan and
landecapi.ng plan.
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Ux i. The development and uses will not result iA the
destruction, loss or damage of a natural or scenic
feature of major importance. x,
Yr 15. It is concluded that the conditional use permit should be
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granted, but as a condition of the conditional use permit a
development agreement shall be entered into regarding;. the ✓
c evelopitent of the retail uses and such is hereby made a condition
of the granting sof the:: conditional use permit.
} ,„ 17. That the requirements of the Meridian Police and Fire ~
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Departments, Meridian City Engineer's officef 4Ada County Highway
=a: District, Meridian Planning Director, Central, District "Health
Department, and the NAMpa & Meridian Irrigation District, shall bei,
met and addressed in a development agreement.
18. That it is concluded that the location and layout of the
proposed use on the property could pose problems with regard to,
FINDINW OF FACT AND COMMUSIONS OF LAW -
JOHNSOK-KOUSA PAGE - 21
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noise
glare, fill a: or odors for the' adjibent residential
properties to the:: south; that it is concluded that it is,.-.one of the:
purposes of the Zoning Ordinances to protect residential,
commgrcial," industrial and civic areas from the intrusion of'
incompatible uses and to provide opportunities for establishments
to concentrate for efficFi.ent operation in igutually beneficial
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"relationships to each other and to shared'services (11-2-401 5.),�
but ity is also the purposes of ' the Zoning Ordinance to encourage the.
proper distribution and compatible: integration of neighborhood
commercial uess into all residential areas of then City (11-2-401
19. That it is fficonclueted that to make the proposed use
harmonious and compatible to neighboring residential uses to the
south the following requirements must be: vAt&, and continuously met;
and these conditions should be reviewed by tie City Council,'
amended, added to, changed or deleted as the City Council deems.
appropriate:
a. That the Applicant shall provide a barrier along the
property's boundaries as directed by the Planning and Zoning
Adminiet_ra&or.
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r, b. That the buildings shall be: subject to design review and
=r all building plans shall be submitted to the Planning and
M Zoning for approval before: they are submitted to the
a. Build-ng Inspector.
c. That any. and all lighting shall be directed away from
A, adjacent residentiarl or ccomereial uses and shall be
cons=tructed such that it does not glare, or- shine, on any
surrounding property, unless the owner of the adjacent
property signs a vritten consent to have it shine on the
�t propert ch consent must be submitted to the Planning and
_.T Zoning rector
k FINDINGS OF FACT AND CONCLUSIONS Opt-i•LAW -
JOBbSON--EOUBA PAGE - 22
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d. That the use of any eternal loudspeakers shall be
limited to business hours:,,7:30 a. m. to 8:00 P. M., only on
Monday through Priday, and shall be limited to 60 decibelw;
that all of the buildings shall be constructed to be an, °
soundproof as reasonably possible;.
R >. e. That there shall be no wrecked, demolished, or junk cars'
kept or -stored on the property, unless '"they are totally
screened from view. h:
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f. That there shall be no offensiye fumes r,' snake or odor
emitted from the property; that normpl motdr vehicle exhaust
from passenger or pickp trucks shall not be deemed to be
offeA.Oive; that all hazardous wastes` shall be properly
disposed of and shall not be maintained on the property.
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g. That all construction, including remodeling, fence
construction, and plantings shall be subject to Design Review
by the City of Meridian.
20. That the conditions stated herein, or as ultimately set
by the City Council, shall be agreed to by the Applicant, in
writing; that if they are not so agreed to the'Application should
be denied. y.
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21. That all ditches, canals, and waterways shall be tiled as
a condition of annexation and if not so tiled, the property shall`'
be subject to de -annexation.
22. That the Applicant will be required to connect to
Meridian crater and sewer and resolve how they water and sewer mains
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will serve the land.
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23. khat projiir and adequate access to the property is
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available and'. will have to be maintained, with appropriate
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buffering to residential properties or traffic on Fairview Avenue.
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n 24. That these conditions shall run with the land and bind
the Applicant and his assigns.,,
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�FIAINGS OF PJLCT AND CONCLUSIONS Or Lei
F JOHNSON-KOUBA
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25. With compliance of -the conditions contained hereinj, than
annexation and zoning of General Retail and Service"CcaenQicial (C-
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G), and the issuance of a conditional use.: permit would be in the
ry beet
interest of the City of Meridian."' �
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25. That if these:: conditions of -.'approval are not met, the
property shall not be annexed and 0e conditionaL uee permit shall
not be graEnted.
APPROM OF ]PUDIM OF PACT AND C?X%
The Meridian City Planning and Zoning Commiaaion hereby adopts
and approvies these Findings of Pact and Concfusioas.
COMMISSIONER HEPPER
,•• �` VOTED
COMMISSIONER OSLUND>x: VOTED
COMMISSIONER SHEARER VOTED �■,�� •'��
C SSIONER �MacCOY :FVOTED��'"
COMMISSIONER JOENSON (TIN BREAKER); VOTED
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FINDIMS OP` PACT AND CWjCMX9j=S Op L&W
JO$N i0lI�1�O�3Bl1 PAM - 24
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REC AZION f:r
The Planning and Zoning Commission of the City of Meridian
;.; vecommends to the City Council that the property set forth in the -_
application be approved for annexation, zoning`°and the issuance`of'
a conditional use permit, under the conditions set forth in the
Conclusions of Law.
MOTION:
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APPROVED: I�� f DISAPP OVED :
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FINiINQS OF FACT AND CONCLUSIONS OF Lilly - -
tiOUNSON-NOURA - ° PAC, Z - 25