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PARTIES:
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ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 22
BOISE IDAHO 09/15/05 02:16 PM
~~~~~E~~~~eQ~~~:~I~g 1111111111111111111111111111111111111
Meridian City 105134293
DEVELOPMENT AG~~
/
City of Meridian
William and Mary Howell, Owners
White Leasure Development Company, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 2 9!: day of þ-:f:;.r-f , 2005, by and between CITY OF
MERIDIAN, a municipal corporation a the State of Idaho, hereafter called "CITY", and
WllLIAM AND MARY HOWELL whose address is 497 White Cloud Drive, Boise, Idaho
83709, hereinafter called "OWNER", and WHITE LEASURE DEVELOPMENT
COMPANY, whose address is 416 S. 8th Street, Suite 200, Boise, Idaho 83702.
1.
RECITALS:
1.1
WHEREAS, "OWNER" is the sale owner, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described in
Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
1.2
WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner" and/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, "Developer" has submitted an application for
annexation and zoning of the "Property" described in Exhibit A; and
1.5
WHEREAS, "Developer" made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject
"Property" will be developed and what improvements will be made;
and
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
DEVELOPMENT AGREEMENT (AZ-Q4-031) MERIDIAN GA TEW A Y - Page 1 of 12-H
1.6
1.7
1.8
1.9
1.10
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
WHEREAS, City Council, the 18th day of January, 2005, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as (the "Findings"); and
WHEREAS, the Findings require the "Owner" and "Developer" to
enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
"OWNER" and "DEVELOPER" 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;
and
WHEREAS, "City" requires the "Owner" and "Developer" to enter
into a development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for 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.
NOW, THEREFORE, in consideration ofthe covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ-04-031) MERIDIAN GATEWAY -Page 2 of 12-H
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
3.4
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
"DEVELOPER": means and refers to White Leasure Development
Company, whose address is 416 South 8th Street, Suite 200, Boise,
Idaho 83702, the party developing said "Property" and shall include
any subsequent owner(s)/developer(s) of the "Property".
"OWNER": means and refers to William and Mary Howell, whose
address is 497 White Cloud Drive, Boise, Idaho 83709, the party
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 (General Retail and Service Commercial) 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 11-7-2 (C) which are herein specified as follows:
Annexation and re-zone of 9.08 acres from C-2 (Ada
County) to C-G (General Retail and Service Commercial) with a
conceptual commercial subdivision within the Meridian entryway
corridor designation.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT (AZ-Q4-031) MERIDIAN GATEWAY -Page 3 of 12-H
5. CONDITIONS GOVERNING ANNEXATION AND RE-ZONING OF
SUBJECT PROPERTY:
B.
Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
1.
The legal description submitted with the application meets the requirement of
the City of Meridian and State Tax Commission and places the parcel
contiguous to existing city limits.
2.
The subject property is within the Urban Service Planning Area. Essential
City services can be made available to the subject property.
3.
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.
4.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall be
tiled per City Ordinance 12-4-13. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public
Works Department. If lateral users association approval can't be obtained,
plans will be reviewed and approved by the Meridian City Engineer prior to
final plat signature.
5.
All future uses on proposed lots or parcels within the annexation area shall be
approved through the Conditional Use Permit process.
6.
Prior to the issuance of any building permit on the subject property, all
existing uses shall be properly abandoned or brought into compliance with
the Meridian City Code, Meridian Fire Department, and subject to the
Conditions of ACHD and lTD.
7.
The applicant shall comply with the conditions and comments of all City
Departments, and other agencies.
The applicant shall coordinate the location and design of trash dumpster(s)
with the Sanitary Services Company (SSC) staff. Trash enclosures must be
built in the location and to the size approved by SSC. All dumpster(s) must
be screened in accordance with MCC 11-12-1.C. Contact Bill Gregory at
SSC (888-3999) for detailed review of your proposal and submit stamped
DEVELOPMENT AGREEMENT (AZ-04-031) MERIDIAN GATEWAY - Page 4 of 12-H
8.
9.
10.
11.
12.
13.
(approved) plans with your certificate of zoning compliance application.
No building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building structure or land be established or
change in use on this site without first obtaining a Certificate of Zoning
Compliance (CZC) from the Meridian Planning and Zoning Department
(MCC 11-19-1.
All required improvements must 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 a paving, striping, landscaping, and irrigation). A
bid must accompany any request for temporary occupancy. Any temporary
occupancy will not exceed 60 days to complete the required improvements.
If construction has not begun within 18 months of City Council approval, a
new conditional use permit must obtained prior to the start of development.
Outside lighting shall be designed and placed in such a manner as to
eliminate glare and illumination of the adjoining roadways and properties, in
accordance with City Ordinance Section 11-13-4.C.
A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted by the City Engineer (Ord. 557, 10-1-91) for
all off-street parking areas. Storm water treatment and disposal must be
designed in accordance with Department of Environmental Quality 1997
publication Catalog of Stann Water Best Management Practices for Idaho
Cities and Counties and City of Meridian standards and policies. Off-site
disposal into surface water 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.
14.
All signage shall be in accordance with the standards set forth in Section 11-
14 of the City Zoning and Development Ordinance.
15.
All construction shall conform to the requirements of the Americans with
Disabilities Act.
16.
Applicant's (or successor's) failure to comply with any of the terms of
approval of the conditional use permit shall be cause for revocation of the
conditional use permit. .
DEVELOPMENT AGREEMENT (AZ.04-031) MERIDIAN GATEWAY - Page 5 of 12-H
C.
Comply with all the conditions in the corresponding applications in this matter,
Request for Annexation and Zoning, AZ-Q4-031 and any future Conditional Use
Permit requirements.
D.
Adopt the action of the City Council taken at their February 1, 2005 meeting as
follows:
For clarification:
1.
All future uses on proposed lots or parcels within the annexation area shall be
approved through the Conditional Use Permit process.
2.
Prior to the issuance of any building permit on the subject property, all
existing uses shall be properly abandoned or brought into compliance with
the Meridian City Code, Meridian Fire Department, and subject to the
Conditions of ACHD and lTD.
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" and/or "Developer" or "Owner" and/or "Developer's" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing 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.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" and/or "Developer" 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/or "Developer" and if the "Owner"
and/or "Developer" fails to cure such failure within six (6) months of
such notice.
9. INSPECTION: "Owner" and/or "Developer" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as required
by this agreement or by City ordinance or policy, notify the City Engineer and request the
City Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
10. DEFAULT:
DEVELOPMENT AGREEMENT (AZ-04-031) MERIDIAN GATEWAY - Page 6 of 12-1-;6
10.1
10.2
In the event "Owner" and/or "Developer", "Owner" 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.
A waiver by "City" of any default by "Owner" and/or "Developer" 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.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Developer's" cost, and submit proof of such recording to "Owner" and/or "Developer",
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.
12. ZONING: "City" shall, following recordation of the 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" and/or "Developer", or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner" and/or "Developer" shall have thirty (30)
days after deli very 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
DEVELOPMENT AGREEMENT (AZ-Q4-031) MERIDIAN GATEWAY -Page 7 of 12-H
13.1
(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.
13.2
In the event the performance of any covenant to be performed
hereunder by either "Owner" and/or "Developer" or "City" is delayed
for causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
14. 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 "Owner" and/or "Developer" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner" and/or "Developer"
agrees that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Owner" and/or "Developer" 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" and/or
"Developer" 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/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:
DEVELOPER:
c/o City Engineer
City of Meridian
White Leasure Development Company
416 S. 8th Street, Suite 200
DEVELOPMENT AGREEMENT (AZ-04-031) MERIDIAN GATEWAY.-Page 8 of 12-H
33 E. Idaho Ave.
Meridian, ID 83642
Boise, Idaho 83702
OWNER:
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
William and Mary Howell
497 White Cloud Drive
Boise, Idaho 83709
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.
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 may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
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" and/or "Developer" of the "Property", each
subsequent owner and any other person acquiring an interest in the "Property". Nothing
herein shall in any way prevent sale or alienation of the "Property", or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any successor
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Owner" and/or "Developer", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
DEVELOPMENT AGREEMENT (AZ-04-031) MERIDIAN GATEWAY -Page 9 of 12-H
and reasonable discretion, had determined that "Owner" and/or "Developer" has fully
performed its obligations under this Agreement.
21. 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/or
"Developer" 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 lor "Developer" 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".
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 of the 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.
A CKN 0 WLEDG MENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
DEVELOPER:
BY:~
Ite asure pment Company
DEVELOPMENT AGREEMENT (AZ-04-031) MERIDIAN GATEWAY - Page 10 of 12-H
OWNERS:
BY: iA)#~-- é: ~
William Howell
BY: IJ; (l~ itt,dl
Mary w I
CITY OF MERIDIAN
ATIEST:
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William G. Berg, Jr.
City Clerk
STATE OF IDAHO)
: ss
COUNTY OF ADA )
On this J~ day o~ ' in the year 2005, before me, a
Notary Public, personally appeared . r~..J-:€.~Ç.UX z..., , known or identified to
me to be the O/\t1l V"~ ot:ti1t:_J3œ.r-r.l of White Leasure Development Company, and
the person who executed the instrument and acknowledged to me that they having executed
the me on e a 0 SID coœoratl n.
NANCYTHRONGARD
NOTARY PUBLIC
STATE OF IDAHO
"l(1V\tj J ~~
Notary Public for Idaho
Residing at: _t:sO (r;f ,
DEVELOPMENT AGREEMENT (AZ-04-031) MERIDIAN GATEWAY - Page 11 of 12-H
(SE
Commission expires: ~
STATE OF IDAHO )
: ss
COUNTY OF ADA )
On this ,)'7"f:b. day of ~ ' in the year 2005, before
me, a Notary Public, personally appeared W lAM and MARY HOWElL, husband and
wife, known or identified to me to be the persons who executed the instrument and
acknowledged to me that they having executed the same.
(SE
)NANCY THRONGARD
NOTARY PUBLIC
STATE OF IDAHO
~ 01Vt,{.':f ~. ~ VCWl~~
Notary Pubhc for Idaho
Residing at: 'J?Ol'?t-
Commission expires: ~
STATE OF IDAHO )
: ss
County of Ada) SIVUAh...(AJM.áI<--
On this C +" day of ~~\~' :;,.) , in the year 2005, before me, a
Notary Public, personally appeared TanllR e Ne and William G. Berg, Jr., known or
identified to me to be the and Clerk, respectively, of the City of Meridian, who
executed the instrument the person that executed the instrument of behalf of said City, and
acknowledged to me t t such City executed the same.
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DEVELOPMENT AGREEMENT (AZ-O3-027)
PAGE 12 OF 121213
EXHIBIT A
Legal Description
Meridian Gateway A~O+-O31
Roylance & Assoëiates P .A.
391 w. State SINe', SuIe Eo Eagte,Idaho 83616
'...
Engineers . SUM¥l"S . Landplenners
Telephone (2œ) 939-2824 Fax (208) 939-2855
October 15,2004
Projecl Number 2560
l.e¡al Description
While-~asure Development Company
AnllCltalion An:a
9.08 Acres
A InIeI of lund slluaIed in &he NOI'Iheast One Quarter of the Northeast One Quarter of Secûon 24, Township 3
Nonh. Range I West. Boise Meridian, Ada County. Idaho, cbcribcd as follows:
CQmmeucins al the Scelion Comer monumcnting the Nortbeosl comer 01 said Section 24 and the POINT OF
BEGINNING.
Thcnc;e following the northerly line of said Seclion 24 and &he ecßlCtlinc of West Overland Ro:ad,
Nonh 89046' 4S" West 8 dÏSlanl;c of 525.00 fcello a poil\l;
Thenc:c leaving uid ROItbcrIy line ønd the centerline of WCSI Overland Road. South (1(1037'36" West.
distanc;c or 753.50 feet to a point on the noI1herly line of Elk Run Subdivision. a iIxon:Ied pial. on file
in Book 63 of PIIIt$ a1 pages 6303 and 6304, Recocds of Ada CounIy. Idaho;
Thcnc:c fallowing said I1OI1hcrly line South 89"46'45" EaIiI a distance of 525.00 CcellO a point on lhe
camerly line of said Section 24 and lhe eenLerlinc of Sooth Meridiun Road;
Thence leaving said northerly lim and following the easterly line oC Section 24 and the centerline of
South Meridian Road, NOdh 00"37'36- East a distance of 753.SO feel 1° the POINT OP
BEGINNINO.
'(be abovc-dc:scribed 1nII.'t of land contains 9.os acres. more or less, subjed. to all C1.isting easements and
rightS-or.way.
PrcfllUC'l By:
ROYLANCE & ASSOCIA1'F.s I'.A.
391 W.STATBS'I'REET.S~EPI'f'I .
EAGLE, IDAHO 83616~' ~ .
(208) 939.2824 trf
(208) 939.2855 FAX ot~ '! ~ ?J¡ùII
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X;lPIo «U\_I<.""",,,,"~S{,(Mdmoa"""'M;.I.19.0S QI:"""""",-"",
Exbibi~ -~,
Annexation and Zoning AnalyslslFads and Findings
Meridian Gateway - --_/
, (File Az..04-031)
ANNEXATION & ZONING ANALYSIS
Section 50-222. Idaho Code. allows cities of the State of Idaho to annex lands which are
reasonably necessary to assure the orderly develoDment of the city in or:'det to allow
efficient and economicallv viable Drovisions of tax-SUDDorted and fee-supoorted
municiDal services. to enable the orderly develoDment of Drivate lands which benefit
ftom the cost-effective availabilitv of municiDal services in urbanizin2 areas and to
~bly allocate the costs of Dublic services in mana2ement of develo!,ment on the
urban mnge. The subject annexation complies with the provisions for annexation
established in Section 50-222, Idaho Code. The subject annexation is eligible for, and is
being processed in compliance with the Category "B" annexation requirements
established in Section S()"222, Idaho Code.
According to Ordinance 11-15-11, General Standards Applicable to Zoning
Amendments, both the Planning and Zoning Commission and City Council are required
"to review the particular facts and circumstances of each proposed zoning amendment in
terms of the following standards and shall find adequate evidence answering the
following questions about the proposed zoning amendment. II
The following is the list of standards found in Meridian City Code 1 J -15-11 and analysis
by staff:
"A.
Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
The 2002 Comprehensive Plan Future Land Use Map designates the subject
property as "Commercial". In Chapter vn of the Comprehensive Plan,
"Commercial" areas are anticipated to provide a full range of commercial and
retail to serve area residents and visitors. Uses may include retail, wholesale,
service and office uses, multi-family residential, as well as appropriate public uses
such as govenunent offices. Staff finds that the requested C-G zoning generally
confonns to this stated purpose and intent of the Commercial designation.
Staff' finds the following Goals, Objectives, and Action items contained in the
2002 Comprehensive Plan to be applicable to this application (staff ana/ysia ia in
italics below policy):
. "Restrict curb cuts and access points on collectors and arterial streets."
(Chapter VII, Goal IV, Objective D, Action item 2)
The Idaho Transportation Department (ITD) has a policy for access to a Type
IV Principal Arterial will be at intersections only, and spaced at one-half mile
intervals in urban areas. ITD allows approaches (other than intersections) in
special cases and on a temporary basis. Staff finds that the proposed access
points to Kuna-Meridian Road (SH 69) and Overland Road shall be subject to
the location requirements of ITD and ACHD respectively. In compliance
with the Meridian Comprehensive Plan no curb cuts shall be allowed on
Kuna-Meridian Road (SH 69).
. "Require appropriate landscape and buffers along transportation corridors
(setback, vegetation, low walls, benns, etc.)." (Chapter VII, Goal IV,
Objective D, Action item 4)
The Applicant has not addressed landscaping adjacent to the existing uses
that are to remain on-site. ITD has a policy that its future right of way width
on Kuna-Meridian Road wü/ be J 20{eet on each side of the centerline (240
¡eet total) for building setbacks and to include a frontage road,' or. 70{eet
each side of centerline (140 feet total) if the developer provides an internal
frontage road type system to feeder roads. The general requirements of ITD
would not be in compliance with the existing use and would require
compliance upon approval of a detailed site plan and/or subdivision and/or
conditional use permit issuance.
Staff finds thai the existing building setbacks, landscape inadequacies, and the
potential for right-of-way acquisition create a unique situation for the site. In
order to mitigate anticipated problems a development agreement will be
required.
. "Pennit new. . .commercial development only where urban services can be
reasonably provided at the time of final approval and development is
contiguous to the City." (Chapter IV, Goal I. Objective A. Action item 6)
The Meridian Fire Department has not submitted written comments for this
site as the plans submitted based on the conceptual retail use only. One of the
comments received from the Fire Department states that the existing
convenience store has several items of concern that would require compliance
upon approval of a detailed site plan and/or subdivision and/or conditional
use permit issuance.
The subject site is readily serviceable by City of Meridian's sanitary sewer
and water systems.
. "Locate new community commercial areas on arterials or collectors near
residential areas in such a way as to complement with adjoining residential
areas." (Chapter VII, Goal I, Objective B, Action item 5)
The subject property has frontage on both an arterial roadway, Kuna-
Meridian Road, and a collector roadway, Overland Road. The existing uses
adjacent to this site have not yet developed to the expected residential
densities or Commercial uses anticipated in the Comprehensive Plan. Because
the adjoining properties are still somewhat rural in nature, the development of
retail uses as described in the Conceptual plan may complement the existing
uses. Depending on how the rest of the site builds-out, this development may
or may not compliment adjoining residential developments to the south and
west of the site.
. "Plan for a variety of commercial and retail opportunities within the Impact
Area." (Chapter VII, Goal 1, Objective B)
The proposed and existing uses do provide a variety of commercial uses in
this area, as envisioned with the Comprehensive Plan.
. "Require all commercial businesses to install and maintain landscaping."
(Chapter V, Goal III, Objective D, Action item 5)
The Applicant has not addressed the requirement to install landscaping
adjacent to the existing commercial uses that are to remain on-site. Staff has
conditioned that the required setbacks for Landscaping and Buildings be
installed upon reception of a detailed development proposal and prior to
issuance of any building permits to facilitate the Entryway Corridor
comprehensive goal, the anticipated roadway requirements of ITD and
ACHD, the Meridian Fire District, and the City of Meridian Zoning Code.
. "On-street bikeways should be incorporated on all future Collector streets."
(Chapter VI, Figure VI-S)
Figure VI-5 on page 57 of the Comprehensive Plan designates a bikeway on
both Overland Road and Kuna-Meridian Road adjacent to the site. The
Applicant has not addressed the issues ofbtkeways adjacent to the site. Staff is
recommending that the Applicant work with ACHD to provide a bike lane on
Overland Road. but not Kuna-Meridian Road. Because the posted speed limit
on Kllna-Meridian Road is 55 MPH, staff does not believe that a bikeway
should be required.
. "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended
Approach" from the National Center for Bicycling and Walking in all land use
decisions." (Chapter VI, Goal II, Objective A, Action item 3)
This publication encourages jurisdictions to establish bikeway and walkway
facilities in new construction and reconstruction projects, in a manner that is
safe. accessible and convenient. The. detailed site plan must address these
issues. .
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
Staff does not anticipate that the Applicant intends to rezone the subject property
in the future.
c.
Is the area included in the zoning amendment intended to be developed In the
fashion that would be allowed under the. new zoning - for example, a
residential area turning into commercial area by means of conditional use
permits;
Convenience stores require conditional use permit approval in the C-O zone.
Residential uses are prohibited in the CwO zone. The existing Junkyard business is
not allowed in a C-O zone and would be required to confonn to the submitted
conceptual plan and cease operation. The purpose of the C-G District is to provide
for commercial uses, which are customarily operated entirely or almost entirely
within a building (MCC 11-7-2.K). Staff finds that the proposed convenience
store and the existing Junkyard are not principally pennitted uses in the C-G zone.
The convenience store would require separate conditional use approval. The
existing junkyard is prohibited and does not conform to the proposed zoning.
D.
Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion sinúlar to the proposed rezone area;
Southern Springs Subdivisions 1-3 have recently been annexed and developed
with commercial land uses in this area. There are several developments in the area
that have developed in a fashion similar to the proposed rezone area.
Kuna-Meridian Road was recently widened in this area by lTD. Overland Road is
scheduled by ACHD for improvements in the current Five Year Work Program or
CIP. The intersection of Overland RoadIKuna.Meridian Road is a signalized
intersection with directional traffic being controlled. The Commission and
Council should rely on the preceding facts and any public testimony to detennine
whether the changes in the area dictate that this area should be annexed into the
City and zoned CwO at this time.
E.
Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
Staff finds that the proposed C-G zone with the proposed retail uses if designedJ
constructed and operated in accordance with adopted city ordinancesJ should be
hannonious and appropriate in appearance with the intended character of the
vicinity. The site is intended to be utilized for commercial uses which, based on
the Comprehensive Plan descriptionJ will have such uses as retail, wholesale,
service and office usesJ multi-family residential, as wen as appropriate public uses
such as government offices. The existing uses do not conform to the harmonious
and appropriate appearance of the existing general vicinity and would be required
upon redevelopment to conform to these goals and policies.
F.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
The existing uses on the site are hazardous to neighboring uses. Accessory to the
existing businessesJ there are chemicals, gasoline, and assorted automobile wastes
stored on this site. Appropriate buffers should be required on the north and east
boundaries of this developmentJ as the abutting uses are less-intense than the
proposed and existing uses (see MCC 12-13.12-4). The Commission and Council
should rely on public testimony to determine whether the proposed uses will be
disturbing or hazardous to the neighboring uses.
G.
Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
Staff finds that the recent roadway improvements to Kuna.Meridian Road (SH
69) should be adequate to serve this project for the short tenD. However, ITD has
indicated that SH 69 is not constructed to its ultimate section and will need to be
widened again in the future. Based on recent correspondencesJ ITD needs
additional right-of-way and/or a frontage road adjacent to/through this property.
Improvements to Overland Road in this area have not taken place in the recent
past, and except for the signalization at SH 69J improvements are anticipated
within the next 20 years. Based on past correspondence with ACHD, Planning
staff believes that this site will add a significant amount of traffic to the roadway
system upon build out. This site has over 500 feet of frontage on Overland Road.
Based on future development applications staff is conditiolÙng that the Applicant
enter into a development agreement with the City to require improvements
(landscaping, sidewalk, bike lane, road widening, turn-lane, etc.) to Overland
Road, subject to ACHD requirementsJ with site-specific standards conditions to
be met in accordance with approval of the subject development.
On December 3J 2004J a joint agency/department comments meeting was held
with representatives of key service providers to this property. The Meridian Fire
Department has concerns with serviceability of this site, as it contains several
J.
non-confonning uses that do not meet standards for service. Because the applicant
has not identified all future buildings within this development, such buildings wiIl
be subject to further review and comments by Meridian Fire Department.
The Commission and Council should reference any written or verbal testimony
submitted by the Meridian Police Department, and any other agency not Hsted
above, regarding their ability to adequately service this project.
Staff finds that the property proposed for annexation can be served adequately by
all essential public facilities and services as conditioned.
H.
Will not create excessive additional requirements at pubOc cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
If this annexation/development is approved, the developer will be financing the
extension of sewer, water, local/internal street infrastructure, utilities and
irrigation services to serve the project. The primary public costs to serve the
future site will be fire and police services. Staff finds that this development will
not cause excessive additional requirements at public cost.
I.
Will the proposed uses not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
Staff finds that the convenience store uses involve activities, processes, materials,
equipment or conditions that could produce excessive traffic, noise, fumes and/or
odors, as well as other negative public impacts. A kev qJJestion that should be
discussed at the Dublic heariDlz is whether the imoacts will be "excessive." MCC
11-12-2 and 11.12.3 are intended to mitigate impacts of special uses such as fire
hazards, bulk storage, noises. In the Applicant's letter, they do not address the
convenience store. Conditions associated with a CUP and/or Development
Agreement could establish use parameters that would prevent detrimental effects.
In order to establish llUideHnes to mitilmte the anticioated detrimental asoects of
the Droposed and existine: uses the ADolicant should clarify the OroDOSed uses
during the DubHe hea.rine:.
Will the area have vehicular approaches to the property which shaD be so
designed as not to create an interference with traffic on surrounding public
streets;
Staff' finds that any future uses mav impact the level and flow of traffic on the
sUITOunding roadways. Chapter VII of the Comprehensive Plan states that the City
should "Restrict curb cuts and access points on collectors and arterial streets."
(Chapter VII, GoalN, Objective D, Action item 2).
ACHD has not evaluated the proposed access to this site ftom Overland Road,
while ITD has jurisdiction over access to Kuna-Meridian Road (SH 69). The ITD
and ACHD reports for future site projects should provide additional infonnation
regarding this portion of this finding. Staff feels that the accesses will be
adequately addressed by future applications.
ITO has indicated to the City the policy for access to a Type N Principal Arterial
(SH 69) will be at intersections only, and spaced at one-half mile intervals in
urban areas. ITD allows approaches (other than intersections) in special cases and
on a temporary basis (see letter from ITD). ITD's policy on approaches lessens
the ability of driveways to create interference on the roadways. Staff finds that no
curb cuts or access to Kuna-Meridian Road shall be taken from this site upon
development.
K.
Will Dot result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
Staff is not aware of any natural or scenic feature(s) that would be lost, damaged
or destroyed by allowing this site to be annexed, zoned and developed with
commercial uses. Any existing trees larger than 4" caliper that are removed shall
be mitigated for, per the Landscape Ordinance. Future development shall be in
compliance with the Scenic and Historical Byway goals and policies.
L.
Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 1l.17.1992)"
Staff finds that the annexation and zoning of this property as mitigated through a
development agreement may be in the best interest of the City for the following
reasons:
. the developments in the area have developed in a fashion similar to the
proposed rezone area (commercial);
. municipal sanitary sewer and water systems are readily available to provide
service;
. the proposed retail stores use may involve activities, processes, materials,
equipment and/or conditions that will produce additional traffic, noise, fumes
and/or odors, as well as other negative public impacts that can be mitigated
through development of the site;
. the existing uses that are to remain, signage, landscaping, public
infrastructure (sidewalk, bike lanes), screening. drive-aisles, or parking, are to
be brought into compliance with current City Code upon development of the
site;
. the existing building setbacks, landscaping, and lack of a frontage road or
accounting for additional right-of-way on Kuna-Meridian Road does not meet
policies outlined in the Comprehensive Plan and Meridian City Code and
would be required prior to redevelopment of the site;
. Mr. Howell has the following violations of Ada County Code, Title 8 existing
on his property that wiU be mitigated through redevelopment of the site:
. According to the Ada County Code Enforcement Officer, Mr. Howell has a
non-permitted Junkyard. At the present time without having an approved
detailed site plan. the area where the existing junk automobiles are being
displayed is in violation of Ada County Code.
ANNEXATION AND ZONING COMMENTS
1. The legal description submitted with the application meets the requirements of the
City of Meridian and State Tax Commission and places the parcel contiguous to
existing city limits.
2. The subject property is within the Urban Service Planning Area. Essential City
services can be made available to the subject property.
3. AU future development on said property shall comply with the City of Meridian
ordinances in effect at the time of application.
4. 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.
5. Prior to the annexation ordinance approvaJ, a Development Agreement (DA) shall be
entered into between the City of Meridian, property owner (at the time of annexation
ordinance adoption), and the developer. The applicant shall contact the City Attorney,
Bill Nary, at 888-4433 to initiate this process._The DA shall incorporate the
following:
. All future uses on proposed lots or parcels within the annexation area shall be
approved through the Conditional Use Pennit process.
. Prior to issuance of any building pennit on the subject property, all existing uses
shall be properly abandoned or brought into compliance with the Meridian City
Code, Meridian Fire Department, and subject to the conditions of ACHD and
lTD.
MERIDIAN EIB.lU!JPART~ENT CONDITIONS CAZ-04-031)
..
The Meridian Fire Department has not provided written testimony for the annexation.
The fi~ agency has indicated to staff during the agency comments meeting that they
would be requiring compliance upÒn redevelopment of the site. In particular, they noted
the following specific concerns:
. The underground storage tanks for the convenience store shall be verified as
registered with the Department of Environmental Quality
. The tank located at the right of way between Overland Road and Kooa-Meridian
Road (SH 69) shall be relocated to an appropriate location.
. All flammable fluids contained in the junkyard shall be disclosed and/or stored in
an appropriate and defined location.
. The remediation of any gasoline spills shall be verified as clean or in progress of
being remediated.