HomeMy WebLinkAboutMeridian Head Start CUP-02-037
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR MERIDIAN
HEAD START IN THE O-T ZONE,
LOCATED AT 321 AND 333 WEST
BROADW A Y AVENUE,
MERIDIAN, IDAHO
FRIENDS OF CHILDREN &
FAMILIES,INC.,
APPLICANT
C/C 01/14/03
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. CUP-02-037
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the City
Council on January 14, 2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian~ Idaho, and Brad Hawkins-Clark Interim Planning Director for the Planning and
Zoning Department, and Lewis Landry, appeared and testified, and the City Council having duly
considered the evidence and the record in this matter and the Recommendations to City Council
issued by the Planning and Zoning Commission who conducted a public hearing and the Council
having heard and taken oral and written testimony, and having duly considered the matter, the
City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and
Order to-wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for two
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1
(2) consecutive weeks prior to the said public hearing scheduled for January 14, 2003, before the
City Council, the first publication appearing and written notice having been mailed to property
owners or purchasers of record within three hundred feet (300') of the external boundaries of the
property under consideration more than fifteen (15) days prior to said hearing and with the notice
of public hearing having been posted upon the property under consideration more than one week
before said hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly considered
by the City Council at the January 14, 2003, public hearing; and the applicant, affected property
owners, and government subdivisions providing services within the planning jurisdiction of the
City of Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. This proposed development request is in an I-L zone and by reason ofthe
provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located at 321 and 333 West Broadway Avenue, Meridian, Idaho.
5. The owners of record of the subject property are Lois Marrs, 771 N.W. 15th,
Meridian, Idaho 83642 and Jeanette Shaffer, 2610 Polk Street, Caldwell~ Idaho 83605.
6. Applicant is Friends of Children and Families, Inc., 4709 W. Camas, Boise, Idaho
83705.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2
7. The subject property is currently zoned I-L. An application for Rezone to O-T is
currently pending before the City of Meridian. The zoning district of 0- T is defined within the
City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for development of a
two classroom Head Start Center serving young children and their families and also a 400 sq. ft.
community meeting room. The 0- T zoning designation within the City of Meridian Zoning and
Development Ordinance requires a conditional use permit be obtained for most uses including
those requested by the Applicant. (Meridian City Zoning and Development Ordinance~ Section
11-8-1).
9. The Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The City Council recognizes the concerns of James Cain expressed in his letter
dated November 15, 2002. The Council also recognizes the letters of support from Patty Miles
dated November 20,2002; Marianne Watson dated December 4,2002; Kara Kerbs dated
December 2, 2002; Molly Struckman dated December 31, 2002; Jan Cox dated December 2,
2002; Craig and Dawn Downum dated December 3, 2002.
12. The Meridian City Council takes judicial notice of its Zoning, Subdiyision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning
maps thereof and the Comprehensive Plan ofthe City of Meridian, and Maps and the Ordinance
establishing the Impact Area Boundary.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3
13. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction ofthe
City of Meridian, subject to the following:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. The applicant should not be required to tile the Rutledge Lateral. In lieu of tiling,
the applicant shall construct a fence along the southern boundary of the project.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Specific Requirements
1. The applicant shall submit a new landscape plan, in compliance with the City's
Landscape Ordinance, when submitting for a Certificate of Zoning Compliance. All
landscaping shall be continuously maintained, and any dead or dying vegetation shall
be replaced upon request from the City.
2. A detached sidewalk on Broadway Avenue shall be installed as submitted on the
submitted site plan (Sheet C-1, revised 11-8-02).
3. Parking shall be installed as submitted on the site plan (Sheet C-1, revised 11-08-02)
and shall be in compliance with the ADA and MCCI1-13.
4. The slope in the storm-water detention basin shall not be steeper thap a 3:1 slope.
5. All exterior lighting, whether attached to the building or located within the parking
lot, shall be down-shielded or otherwise altered so that the light does not spill over
onto adjacent properties or right-of-way. All parking lot lighting shall be in
accordance with Ordinance 11-13-4C.
6. All signage shall be in accordance with the standards set forth in Section 11-14 of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4
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 shall be removed upon 3 days notice to the applicant.
7. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the Uniform Building Code.
8. A Certificate of Zoning Compliance and a Certificate of Occupancy shall be
obtained prior to opening the preschool.
C. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. In accordance with District policy, the applicant shall be required to
improve the unopened right-of-way of 4th Street.
Construct curb~ gutter, 5-foot wide concrete sidewalk and match paving on the
unopened right-of-way abutting the parcel. Improvements shall be constructed to
one-half of a 40-foot street section.
OR
In accordance with District policy, the applicant shall vacate the unopened right-
of-way.
The applicant shall submit an application to vacate the unopened right-of-way
abutting the site at the west property line running the entire length of the site. The
applicant intends to vacate the right-of-way to incorporate that property in the
site. If the property is appraised at a value less than $2,500, the applicant will
not have to purchase the right-of-way.
2. Construct curb, gutter, 5-foot wide detached concrete sidewalk and match
paving on Broadway Avenue abutting the parcel as proposed on the site
plan. Coordinate the location and elevation of the sidewalk with District
staff. If the sidewalk meanders outside of the right-of-way, provide an'
easement for the sidewalk. The District will require a license agreement
for the landscape strip with the detached sidewalk. An agreement must be
approved prior to scheduling the final plat for signature. Please contact
the Right-of-Way Division at 387-3271 for guidelines.
3. Construct the service driveway # 1 on Broadway Street located 15-feet
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5
east of the west property line. This location does not meet District policy
for offsets from an intersection, but shall be approved by Commission
action with a modification of policy.
4. Construct driveway # 2 on Broadway Street located 110-feet east ofthe
west property line as proposed on the site plan. This location meets
District policy and is approved with this application.
5. Replace any unused curb cut on Broadway Avenue with standard curb,
gutter and 5-foot wide detached concrete sidewalk to match proposed
improvements.
6. Pave the driveways to their full-required width and to a point 30-feet
beyond the edge of pavement of Broadway Avenue.
7. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of- way.
2. All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
3. Replace any existing damaged curb~ gutter and sidewalk and any that may
be damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact Construction Services
at 387-6280 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Id~o shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #195~ also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility ofthe applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances~ plans~ or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
D. Adopt the recommendations of Central District Health Department as follows:
1. Plans are required to be submitted for a plan review for any chi1dcare center.
2. Applicant must contact Susie Simons at CDHD 327-8530 regarding licensure of
the facility.
E. Adopt the recommendations ofNampa & Meridian Irrigation District as follows:
1. File a Land Use Change Application with the Irrigation District for its review.
2. If a pressure urban irrigation system is proposed that will be owned, operated and
maintained by the Irrigation District, please coordinate with John P. Anderson,
Water Superintendent for the Irrigation District, concerning the installation ofthe
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7
pressure system.
3. The District's Rutledge Lateral and Ninemile Drain course along the south
boundary ofthe proposed project. Any encroachments within the rights-of-way
without approval plans and a signed License Agreement are unacceptable.
F. Adopt the recommendations of Sanitary Service Company as follows:
1. Address the concerns of Bill Gregory, SSC~ 888-3999 regarding waste volume &
enclosure width.
G. Adopt the recommendations of Meridian Fire Department as follows:
1. A Daycare Center serving 145 students will be required to meet the requirements
of the Uniform Building & Fire Codes.
2. A Daycare Center will be required to pass an inspection based on the
requirements of the Idaho State Fire Marshal's Office.
H. Adopt the action of the City Council taken at their January 14, 2003 meeting as follows:
1. The applicant is allowed the waiver from tiling of the Rutledge Lateral.
2. For clarification, the applicant shall keep as many of the existing trees that are
presently located upon the properties, except those that are diseased or aged.
14. That the site is large enough to accommodate the proposed use and all yards, open
spaces~ parking landscaping and other features as may be required by this ordinance;
Landscaping-The proposed preschool building will be constructed between two (2) existing
residential uses, thus requiring the applicant to provide a twenty-foot (20') landscape buffer
between the proposed preschool use and the existing residential uses per MCC12-13-12-4.
Due to size limitations, the site cannot accommodate both of the required landscape buffers
and the proposed building, however, the Landscape Ordinance does provide a measure of
relief from this requirement in the "Alternative Compliance" section ofthe MCC.(section 12-
13-18). '
The "Alternative Compliance" section of code allows the applicant to request a reduction
ofthe landscaping requirements if certain conditions are met; such as space limitations, or
a change of use on an existing lot results in a buffer that is larger than can be provided on
the property, as is the case for the subject property. It is up to the City to determine if the
reduced landscaping is sufficient and ifit meets the intent of the ordinance. In this case
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8
the applicant for this project has requested that the buffers be reduced to six feet (6') on
the west property line and eight feet (8') on the east property line, and staff does not
object to the requested landscaping reductions.
Other Features- Staff finds that the site is large enough for all ofthe other required
development features such as parking~ open space, yards and street improvements.
15. The current Comprehensive Plan Land Use Map designates the property as "Old
Town". Therefore, it is found that the requested preschool, if it complies with the conditions of
approval for the requested CUP, can be developed in harmony with the Meridian Zoning
Ordinance and the Comprehensive Plan.
16. It is found that the proposed development will not change the existing or intended
character of the general vicinity, and that the design and operation ofthe development will be in
harmony with the intended mixed-use character ofthe Old Town district.
17. It is not anticipated that the proposed use will have any adverse effect on nearby
properties.
18. It is found that the proposed development will be adequately served by the
essential public facilities and services.
19. It is found that the proposed use would not be detrimental to the economic welfare
of the community, nor would it create the need for any new facilities or services to be paid for by
the public.
20. It is found that no excessive traffic, noise~ smoke~ fumes, glare or odors will result
from the proposed use.
21. It is found that the proposed use will not create significant interference with any
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9
traffic on the surrounding public streets as long as ACHD requirements are met and all
approaches and traffic control measures are installed.
22. It is found that no natural or scenic feature will be lost, damaged or destroyed by
issuance ofthis conditional use.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (LC. g67-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council of the City of Meridian has established by the passage ofthe "City of Meridian Zoning
and Development Ordinance" at Titles XI and XIT, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts"and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code S 11-17-3)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10
a. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this Ordinance;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance;
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character ofthe same area;
d. That the proposed use, ifit complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
e. That the proposed use will be served adequately by essential public facilities and
services such as highways~ streets~ schools~ parks~ police and fire protection, drainage structures,
refuse disposal, water~ sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare of the community;
g. That the proposed use will not involve activities or 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;
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
i. That the proposed use will not result in the destruction~ loss or damage of a
natural, scenic or historic feature considered to be of major importance.
5. Prior to granting a conditional use permit in the Old Town District (O~T), a
public hearing shall be conducted with notice to be published and provided to property owners or
purchasers of record within three hundred feet (300') of the external boundaries ofthe land under
consideration for the conditional use permit all in accordance with the provisions of Meridian
City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as
follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11
industrial and commercial districts shall only be required to have one public hearing
which shall be held before the Planning and Zoning Commission; and after the
recommendation of the Commission is made~ the application shall go before the City
Council without a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S
11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions ofthat approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and the
Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629,
January 4, 1994 and Maps.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
1. That the above named applicant is granted a conditional use permit for
development of a two classroom Head Start Center serving young children and their families and
also, a 400 sq. ft. community meeting room in the 0- T zone located at 321 and 333 West
Broadway Avenue, Meridian, Idaho, subject to the following conditions of use and deve10pment~
subject to the following:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. The applicant should not be required to tile the Rutledge Lateral. In lieu of tiling,
the applicant shall construct a fence along the southern boundary of the project.
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
Site Specific Requirements
1. The applicant shall submit anew landscape p lan~ in compliance with the City's
Landscape Ordinance, when submitting for a Certificate of Zoning Compliance. All
landscaping shall be continuously maintained, and any dead or dying vegetation shall
be replaced upon request from the City.
2. A detached sidewalk on Broadway Avenue shall be installed as submitted on the
submitted site plan (Sheet C-l, revised 11-8-02).
3. Parking shall be installed as submitted on the site plan (Sheet C-1, revised 11-08-02)
and shall be in compliance with the ADA and MCC11-13.
4. The slope in the storm-water detention basin shall not be steeper than a 3: 1 slope.
5. All exterior lighting, whether attached to the building or located within the parking
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13
lot~ shall be down-shielded or otherwise altered so that the light does not spill over
onto adjacent properties or right-of-way. All parking lot lighting shall be in
accordance with Ordinance 11-13-4C.
6. All signage shall be 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 shall be removed upon 3 days notice to the applicant.
7. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the Uniform Building Code.
8. A Certificate of Zoning Compliance and a Certificate of Occupancy shall be
obtained prior to opening the preschool.
C. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. In accordance with District policy~ the applicant shall be required to
improve the unopened right-of-way of 4th Street.
Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on the
unopened right-of-way abutting the parcel. Improvements shall be constructed to
one-half of a 40-foot street section.
OR
In accordance with District policy, the applicant shall vacate the unopened right-
of-way.
The applicant shall submit an application to vacate the unopened right-of-way
abutting the site at the west property line running the entire length of the site. The
applicant intends to vacate the right-of-way to incorporate that property in the
site. If the property is appraised at a value less than $2,500, the applicant will
not have to purchase the right-ofway. '
2. Construct curb, gutter, 5-foot wide detached concrete sidewalk and match
paving on Broadway Avenue abutting the parcel as proposed on the site
plan. Coordinate the location and elevation of the sidewalk with District
staff. If the sidewalk meanders outside ofthe right-of-way, provide an
easement for the sidewalk. The District will require a license agreement
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14
for the landscape strip with the detached sidewalk. An agreement must be
approved prior to scheduling the final plat for signature. Please contact
the Right-of-Way Division at 387-3271 for guidelines.
3. Construct the service driveway # 1 on Broadway Street located I5-feet
east ofthe west property line. This location does not meet District policy
for offsets from an intersection, but shall be approved by Commission
action with a modification of policy.
4. Construct driveway # 2 on Broadway Street located 110-feet east of the
west property line as proposed on the site plan. This location meets
District policy and is approved with this application.
5. Replace any unused curb cut on Broadway Avenue with standard curb,
gutter and 5-foot wide detached concrete sidewalk to match proposed
improvements.
6. Pave the driveways to their full-required width and to a point 30-feet
beyond the edge of pavement of Broadway Avenue.
7. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of- way.
2. All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
3. Replace any existing damaged curb~ gutter and sidewalk and any that may
be damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact Construction Services
at 387-6280 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements~
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15
6. The applicant shall submit revised plans for staff approval~ prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #195, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verifY all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative ofthe Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use ofthe property which is the subject
of this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to
change the planned use ofthe subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
the change in use is sought.
D. Adopt the recommendations of Central District Health Department as follows:
1. Plans are required to be submitted for a plan review for any chi1dcare center.
2. Applicant must contact Susie Simons at CDHD 327-8530 regarding licensure of
the facility.
E. Adopt the recommendations ofNampa & Meridian Irrigation District as follows:
1. File a Land Use Change Application with the Irrigation District for its review.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16
2. If a pressure urban irrigation system is proposed that will be owned~ operated and
maintained by the Irrigation District, please coordinate with John P. Anderson,
Water Superintendent for the Irrigation District, concerning the installation ofthe
pressure system.
3. The District's Rutledge Lateral and Ninemile Drain course along the south
boundary of the proposed project. Any encroachments within the rights-of-way
without approval plans and a signed License Agreement are unacceptable.
F. Adopt the recommendations of Sanitary Service Company as follows:
1. Address the concerns of Bill Gregory, SSC, 888-3999 regarding waste volume &
enclosure width.
G. Adopt the recommendations of Meridian Fire Department as follows:
1. A Daycare Center serving 145 students will be required to meet the requirements
of the Uniform Building & Fire Codes.
2. A Daycare Center will be required to pass an inspection based on the
requirements of the Idaho State Fire Marshal's Office.
1. Adopt the action of the City Council taken at their January 14, 2003 meeting as follows:
1. The applicant is allowed the waiver from tiling of the Rutledge Lateral.
2. For clarification, the applicant shall keep as many of the existing trees that are
presently located upon the properties~ except those that are diseased or aged.
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
S 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant 'sh~ll meet
such requirements as a condition of approval ofthe application for a conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17
copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian,
pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real
property which may be adversely affected by the issuance or denial of the conditional use permit
approval may within twenty-eight (28) days after the date of this decision and order seek a judicial
review as provided by Chapter 52, Title 67~ Idaho Code.
By action of the City Council at its regular meeting held on the 2f3~ day of
J~7 ,2003.
ROLL CALL:
COUNCILMAN KEITH BIRD
VOTED ffbS0d
COUNCILWOMAN TAMMY deWEERD
VOTED fjetL-
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED ijeRL-
v
COUNCILMAN WILLIAM L.M. NARY
VOTED~
MAYOR ROBERT'p. CORRIE (TIE BREAKER) VOTED
DATED: 1-$-13,--03
MOTION: ~_
APPROVED:
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
\\\\1\\11111111/
\\11 c aA-~ It/I
,,\ ,Or- rv:ct:>,tl'//
\' ..('Y. 'if, ,;? //
...' ,'\ -~ -''& 'i
,,::: () 7_0'f',.'f',.PPOOiYlYAlA '-" - 11. ....-;..
::-- (,V ~lh, .-;.
/-2f}.-tJ3l ~ ~ \
\ SEAL ~
-;' !'J
"-6 (/"-:) nO::::
> w(7 -'. Cd._ "\" 0 .:;:-
..~ ~'f~ ..... ~'0? ~ ......
<. "'; '," I 1S,' ~.::-
<::"., 0;1.,/ ("\ '^v <'\ ~ ,......::-
.r.., '.("l'-'''T\( \\..1 ",
~(__~/~ y'" "_~:I\~ -.: I \\,\"
"" I.. ~ n ,\ \
By:didZ~ pJf0Jl 9
City Clerk {I -
Dated:
Z:\Work\M\Meridian\Meridian 15360M\Meridian Head Start RZ-OZ-006 CUP.QZ-037\FfClsCUP02-037.doe
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR MERIDIAN
HEAD START IN THE 0- T ZONE,
LOCATED AT 321 AND 333 WEST
BROADWAY AVENUE,
MERIDIAN, IDAHO
FRIENDS OF CHILDREN &
FAMILIES,INC.,
APPLICANT
C/C 01114/03
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. CUP-02-037
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on January 14, 2003, under the
provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application
and the Council having received and approving the Recommendation of the Planning and Zoning
Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use permit for
development of a two classroom Head Start Center serving young children and their families and
also for a 400 sq. ft. community meeting room in the O-T zone located at 321 and 333 West
Broadway Avenue, Meridian, Idaho~ subject to the following conditions of use and ~evelopment:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows:
1. The applicant should not be required to tile the Rutledge Lateral. In lieu oftiling~
the applicant shall construct a fence along the southern boundary of the project.
ORDER CONDITIONAL USE PERMIT
(CUP-02-037)
~1
B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Specific Requirements
1. The applicant shall submit a new landscape plan, in compliance with the City's
Landscape Ordinance~ when submitting for a Certificate of Zoning Compliance. All
landscaping shall be continuously maintained, and any dead or dying vegetation shall
be replaced upon request from the City.
2. A detached sidewalk on Broadway Avenue shall be installed as submitted on the
submitted site plan (Sheet C-1, revised 11-8-02).
3. Parking shall be installed as submitted on the site plan (Sheet C-l, revised 11-08-02)
and shall be in compliance with the ADA and MCCll-13.
4. The slope in the storm-water detention basin shall not be steeper than a 3:1 slope.
5. All exterior lighting, whether attached to the building or located within the parking
lot, shall be down-shielded or otherwise altered so that the light does not spill over
onto adjacent properties or right-of-way. All parking lot lighting shall be in
accordance with Ordinance 11-13-4C.
6. All signage shall be 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 shall be removed upon 3 days notice to the applicant.
7. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the Uniform Building Code.
8. A Certificate of Zoning Compliance and a Certificate of Occupancy shall be
obtained prior to opening the preschooL
C. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. In accordance with District policy, the applicant shall be required to
improve the unopened right-of-way of 4th Street.
ORDER CONDITIONAL USE PERMIT
(CUP-02-037)
-2
Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on the
unopened right-of-way abutting the parcel. hnprovements shall be constructed to
one-half of a 40-foot street section.
OR
In accordance with District policy~ the applicant shall vacate the unopened right-
of-way.
The applicant shall submit an application to vacate the unopened right-of-way
abutting the site at the west property line running the entire length of the site. The
applicant intends to vacate the right-of-way to incorporate that property in the
site. If the property is appraised at a value less than $2,500, the applicant will
not have to purchase the right-of-way.
2. Construct curb, gutter, 5-foot wide detached concrete sidewalk and match
paving on Broadway Avenue abutting the parcel as proposed on the site
plan. Coordinate the location and elevation of the sidewalk with District
staff. If the sidewalk meanders outside ofthe right-of-way, provide an
easement for the sidewalk. The District will require a license agreement
for the landscape strip with the detached sidewalk. An agreement must be
approved prior to scheduling the final plat for signature. Please contact
the Right-of-Way Division at 387-3271 for guidelines.
3. Construct the service driveway # 1 on Broadway Street located 15-feet
east of the west property line. This location does not meet District policy
for offsets from an intersection, but shall be approved by Commission
action with a modification of policy.
4. Construct driveway # 2 on Broadway Street located 110-feet east of the
west property line as proposed on the site plan. This location meets
District policy and is approved with this application.
5. Replace any unused curb cut on Broadway Avenue with standard curb,
gutter and 5-foot wide detached concrete sidewalk to match proposed
improvements.
6. Pave the driveways to their full-required width and to a point 30-feet
beyond the edge of pavement of Broadway Avenue.
7. Comply with all Standard Conditions of Approval.
ORDER CONDITIONAL USE PERMIT
(CUP-02-037)
-3
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of- way.
2. All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may
be damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact Construction Services
at 387-6280 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #195, also known as Ada County Highway District
Road Impact Fee Ordinance.
9. It is the responsibility ofthe applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
ORDER CONDITIONAL USE PERMIT
(CUP-02-037)
-4
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject ofthis application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
D. Adopt the recommendations of Central District Health Department as follows:
1. Plans are required to be submitted for a plan review for any childcare center.
2. Applicant must contact Susie Simons at CDHD 327-8530 regarding licensure of
the facility.
E. Adopt the recommendations ofNampa & Meridian Irrigation District as follows:
1. File a Land Use Change Application with the Irrigation District for its review.
2. If a pressure urban irrigation system is proposed that will be owned, operated and
maintained by the hTigation District, please coordinate with John P. Anderson,
Water Superintendent for the Irrigation District, concerning the installation of the
pressure system.
3. The District's Rutledge Lateral and Ninemile Drain course along the south
boundary ofthe proposed project. Any encroachments within the rights-of-way
without approval plans and a signed License Agreement are unacceptable.
F. Adopt the recommendations of Sanitary Service Company as follows:
1. Address the concerns of Bill Gregory, SSC, 888-3999 regarding waste volume &
enclosure width.
G. Adopt the recommendations of Meridian Fire Department as follows:
1. A Daycare Center serving 145 students will be required to meet the requirements
ORDER CONDITIONAL USE PERMIT
(CUP-02-037)
-5
of the Uniform Building & Fire Codes.
2. A Daycare Center will be required to pass an inspection based on the
requirements of the Idaho State Fire Marshal's Office.
H. Adopt the action of the City Council taken at their January 14,2003 meeting as follows:
1. The applicant is allowed the waiver from tiling of the Rutledge Lateral.
2. For clarification, the applicant shall keep as many of the existing trees that are
presently located upon the properties, except those that are diseased or aged.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to
this permit.
By action of the City Council at its regular meeting held on the
if) t&.
day of
-cT ~!:J.
(/
,2003.
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
BdJ;a/~R-P~1 {2
City Clerk
Dated: /-p~/03
-
-
-
Z:\Work\M\Meridian\Meridian 15360M\Meridian Head Start RZ-02-006 CUP-02-037\OrderCUP,doc _
ORDER CONDITIONAL USE PERMIT
(CUP-02-037)
I1UIi)C IlJRnU lIl::1l1l/Ua U1:Z5 PM
DEPUTY AIi larrondo
RECORDED-REQUEST OF(
MERfDJAN CITY
AMOUNT .00
DEVELOPMENT AGREEMENT
1111111 III 111111111111111I11111111111
103020830
PARTIES: 1.
2.
City of Meridian
Kimball Properties Limited Partnership, Managing Partner:
Winston H. Moore, Owner
W.H. Moore Company, Developer
3.
THIS DEVELOPMENT AGREEMENT (this "Agreement")~ is made and
entered into this 2{::P day of Ji~:f ' 2003, by and between CITY OF
MERIDIAN, a municipal corporation oftlie State ofIdaho~ hereafter called "CITY" and
KIMBALL PROPERTIES LIMITED PARTNERSHIP, MANAGING PARTNER:
WINSTON H. MOORE, hereinafter called "OWNERlDEVELOPER", whose address is
PO Box_8204, Boise, Idaho 83707.
1.
RECITALS:
1.1 WHEREAS, OwnerlDeveloper is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A, 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, LC. S67-6511A, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re-zoning
that the OwnerlDeveloper 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, OwnerIDeve10per has submitted an application for
annexation and zoning of the Property as described in Exhibit A,
and has requested a designation of (C-C) Community Business
District and (C-G) General Retail and Service Commercial District~
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, OwnerlDeveloper 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 ofthe proceedings for the requested
annexation and zoning designation of the subject Property held
DEVELOPMENT AGREEMENT (AZ-OI-018)-1
before the Planning & Zoning Commission, and subsequently
before the City Council~ include responses of government
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment;
and
1.7 WHEREAS, City Council, the 2nd day of April, 2002, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, (AZ01~018 and PP-OI-020)~ set forth in
Exhibit B, which are attached hereto and by this reference
incorporated herein as if set forth in full~ hereinafter referred to as
(the "Findings); and
1.8 WHEREAS, following the City's approval to annex and zone the
Property, the City approved conditional use permit CUP-OI-037
(CUP-OI-037) governing the detailed development requirements
for the Property. On or about April 2, 2002~ the City adopted
findings of fact and conclusions oflaw supporting CUP-01-037.
1.9 WHEREAS, the Findings require the OwnerIDeve10per enter into
a development agreement before the City Council takes final action
on annexation and zoning designation; and
1.10 WHEREAS, City requires the OwnerlDeveloper to enter into a
development agreement for the purpose of ensuring that the
Property is developed and the subsequent use of the Property is in
accordance with the terms and conditions ofthis development
agreement, herein being established as a result of evidence
received by the City in the proceedings for annexation and zoning
designation from government subdivisions providing services
within the planning jurisdiction and from affected property owners
and to ensure annexation and zoning designation is in accordance
with the 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.
1.11 OWNERJDEVELOPER agree that they are entering into this
agreement voluntarily to satisfy the conditions of the City's
approvals sought by OwnerlDeveloper and that the terms hereof
have been negotiated by Owner/Developer with the assistance of
competent legal counsel of their own choosing.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
DEVELOPMENT AGREEMENT (AZ-OI-OI8) - 2
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 ofthe 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
oflaw of the State ofIdaho~ whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
3.2 "OWNERlDEVELOPER": means and refers to Kimball
Properties Limited Partnership, Managing Partner: Winston H.
Moore, whose address is PO Box 8204, Boise~ Idaho 83704, the
party developing said "Property" and shall include any subsequent
owner(s)/developer(s) ofthe "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 portion of the Property bounded on the North by Overland
Road, on the east by Eagle Road~ on the south by Goldstone Point
and on the west by Bonito Way shall be zoned C-c. The
remainder of the Property shall be zoned C-G. These boundaries
are depicted on Exhibit "e" attached hereto and incorporated
herein as if set forth in full.
4.2 For purposes ofthis Section, the Property shall be divided into t\vo
sections. The first section of the Property is comprised of those
lots which are contiguous to the right-of-way for the Ridenbaugh
Canal, as depicted on Exhibit "C". This section is referred. to as
the "Ridenbaugh Section." The second section of the Property is
the remainder of the Property, referred to as the "Main Section,"
also as depicted on Exhibit "C". The paragraphs below describe
the uses allowed in the Main Section and the Ridenbaugh Section.
4.3 In the Main Section, the Owner/Developer may construct any use
permitted in the underlying zone upon issuance of a Certificate of
Compliance and building permit for such use. I.e., the developer
DEVELOPMENT AGREEMENT (AZ~O 1-0 18) - 3
may construct uses permitted in the C-C zone for lots zoned C-C
and uses permitted in the C-G zone for lots zoned C-G. In
addition, Owner/Developer may construct the other permitted uses
listed in Exhibit "D" (which is attached hereto and incorporated
herein as if set forth in full) on any lot in the Main Section.
Further, Exhibit "D" lists certain uses that are allowed in the Main
Section upon issuance of a conditional use permit, pursuant to the
City's approval requirements for such permits. Finally, all uses
prohibited in the underlying C-G or C~G zone are prohibited in the
Main Section, and Exhibit "D" outlines additional prohibited uses.
4.4 In the Ridenbaugh Section, all uses allowed in the L-O zone and
flex uses are permitted uses. All other uses listed in Exhibit "D" as
either allowed or conditional uses are allowed in the Ridenbaugh
Section as conditional uses. All uses prohibited in the underlying
C-G zone are prohibited in the Ridenbaugh Section, as are all
prohibited uses listed in Exhibit "D".
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY.
5.1 Owner/Developer agrees to develop the Property in conformance
with the Decisions and Orders issued in AZ-01-108, PPOI-020 and
CUP-01-037, except as those requirements may be modified by
mutual agreement.
5.2 Building height in the Ridenbaugh Section is limited to 35 feet.
5.3 Owner/Developer agrees to develop the Property in conformance
with the Zoning and Development Ordinance in effect at the time
of development~ except where said ordinances conflict with CUP-
01-037, in which instances the approved conditions will supercede.
6.
DEFAULT:
6.1 Events of Default. The following shall be events of default under
this Agreement:
6.1.1 Construction and dedication of certain public
improvements required by PP-01-020 and CUP 01-0137
must be completed within two (2) years of the effective
date of this Agreement. Failure to complete the following
conditions ofCUP-01-037 (and corresponding conditions
in PP-OI-020) within the stated timeframe shall constitute a
default: 1, 19-35, 37, 38~ 50 and 52.
DEVELOPMENT AGREEMENT (AZ-OI-018) - 4
6.1.2 Failure to comply with any other requirement of AZ~Ol-
018, PP-01-020, and CUP 01-0137.
6.1.3 Failure to comply with the permitted use requirements of
Paragraph 5 above.
6.1.4 Failure to comply with the height limitations established for
the Ridenbaugh Section.
6.1.5 Failure of OwnerJDeveloper to comply with any applicable
Ordinance ofthe City of Meridian. To the extent that the
violation only affects a part of the Property, the default of
this Agreement shall only be deemed to affect that same
portion of the Property.
6.2 Notice and opportunity to cure. If the City alleges that a breach
of this Agreement has occurred, the City shall provide written
notice pursuant to paragraph 11 to OwnerJDeveloper.
Owner/Developer shall have thirty (30) days from receipt of notice
to initiate commencement of action to correct the breach and cure
the default~ which action must be prosecuted with diligence and
completed within one hundred eighty (180) days.
6.2.1 Provided, however, that in the case of any such default
which cannot with diligence be cured within such one
hundred eighty (180) day period, then the time allowed to
cure such failure is extended for such period as may be
necessary to complete the curing ofthe same with diligence
and continuity.
6.2.2 In the event the performance of any covenant to be
performed hereunder by either Owner/Developer or City is
delayed for causes which are beyond the reasonable control
of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience,
strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
6.2.3 A waiver by City of any default by Owner/Developer of any
one or more of the covenants or conditions hereof shall
apply solely to the breach and breaches waived and shall
not bar any other rights or remedies of City or apply to any
subsequent breach of any such or other covenants and
conditions.
DEVELOPMENT AGREEMENT (AZ-OI-018) - 5
6.3 Remedies. In the event of default~ the parties shall have the
following options:
6.3.1 In the event of default by OwnerJDeveloper~
OwnerJDeveloper shall be deemed to have consented to
modification ofthis Agreement, de-annexation or reversal
of the zoning designations described herein, upon the City's
compliance with all applicable laws, ordinances and rules.
OwnerJDeveloper reserves all rights to contest whether a
default has occurred.
6.3.2 If any default arises solely from the act or omission of a
successor owner of any lot or parcel within the Property,
the remedies set forth herein shall apply only to such lot or
parcel.
6.3.3 This Agreement shall be enforceable in any court of
competent jurisdiction by either City or OwnerJDeveloper,
or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific
performance of the covenants~ agreements, conditions~ and
obligations contained herein.
7. INSPECTION: OwnerJDeveloper 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.
8. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Owner/Developer's cost, and submit proof of such recording to OwnerJDeve10per, 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. '
9. ZONING: City shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the Property as specified herein.
10. SURETY OF PERFORMANCE: The City may, but is not obligated to,
require surety bonds, irrevocable letters of credit, cash deposits~ certified checks or
negotiable bonds, as allowed under Meridian City Code Section 12-5-3, as required by
DEVELOPMENT AGREEMENT (AZ-O 1 ~O 18) - 6
PP-Ol-020 and CUP 01-0137, to insure installation of the improvements, which the
Owner/Developer agrees to provide, if required by the "City".
11. CERTIFICATE OF OCCUPANCY: The OwnerlDeveloper agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless
(a) the City and Owner/Developer enter into a written addendum hereto setting forth
permitted phasing ofthe improvements, and (b) all improvements for the phase
applicable to the facility for which the Certificate of Occupancy is requested have been
completed.
12. 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:
OWNERlDEVELOPER:
c/o City Engineer
Kimball Properties Limited Partnership,
Managing Partner: Winston H. Moore
P.O. Box 8204
Boise~ ill 83707
City of Meridian
33 E. Idaho Ave.
Meridian~ ill 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian~ ill 83642
12.1 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.
13. 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 attom.ey'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.
14. 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
DEVELOPMENT AGREEMENT (AZ.OI-018)-7
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
15. 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 shaU 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 OwnerlDeveloper, to execute appropriate
and recordable evidence of termination of this Agreement if City, in its reasonable
discretion, determines that OwnerlDeveloper has fully performed its obligations under
this Agreement.
16. 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.
17. FINAL AGREEMENT: This Agreement sets forth all promises~
inducements~ agreements, condition and understandings between OwnerlDeveloper 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
OwnerlDeveloper 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.
17.1 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.
18. 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 ofthe Property
and execution ofthe Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ~Ol-018) - 8
ACKNOWLEDGMENTS
IN WITNESS WHEREOF~ the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNERlDEVELOPER:
~~--
PARTNERSHIP, MANAGING PARTNER:
WINSTON H. MOORE
Attest:
BY:
STATE OF IDAHO )
):ss
COUNTY OF ADA )
On this 2l2>t day of J?1Vlvt-lV\( ,in the year 2003,
before me, 41ff'X1 Co I ton Jt Notary Pub1ic~ personally
appeared Winston H. Moore, managing partner of Kimball Properties Limited '.
Partnership, known or identified to me to be the person who executed the instrument and
ackno~d~Q.iR. me that he executed the same.
........ ~ to. C Of .,~.~
,'" G;) 1"\ .....t,<#'
.... ~y .......a.o~.( () +.
! 'Y .0,. &<1'1,1. ,,,} ',~.,
.. ~ . '.. ':.
! ." ~OT A.R >~ '~_ :.
... J ,
=(o;;:1=IA T ',\ -1.
... ~-L.LJ dillD'e4!IIID :.. >.
: ~ C :t
; .. PUB\..\ 'I" .:
... .. 0 ..
c:. ~ 0. 00 ~
.. '),. "0 .. ~....~ ..
.... ~~ ....00. l>.-~y....
.... .~ 'h", 1~~' ....
.... oJ.i.~ 0 F ~ v ~..
"'~'. . .-:'J.~~\.'\
BY:
A1ee7(;\ ~Wl tv V]
Notary Public for Idaho
Residing at: ~ 0C-
Commission expires: /0-31- Ow
DEVELOPMENT AGREEMENT (AZ-Ol.018) - 9
ST ATE OF IDAHO )
):ss
County of Ada )
'10- I)
On this lL.,b day of (lN1.tlCil...,:V;', in the year 2003,
before me~ a Notary Public~ personally appeared obert D. Corrie and William G. Berg,
know or identified to me to be the Mayor and Clerk~ respectively, of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said
City, and acknowledged to me that such City executed the same.
(SEAL)
~1i=lllClIl",
~4 '0. 9J;L~...t::.'O
<> ... ~~.
." /~O'tA..i?t..~~.
oCoo I ""'V \~,a>".
II I l Il
CI ' III
III I L :
III , It
111 \ .-
.. .. fom;C lit
+. IP~'"'' ~ ~; 0..
.. .... ~, ...
.. ~,..;.--" ~ ..
.....uOF~...
............
~ cJlu-,'>, ~YvLt -t~
Notary P blic for Idaho
Commission expires: 1{ - 'Z g -OS'
DEVELOPMENT AGREEMENT (AZ-Ol~018) - 10
EXHIBIT A
Legal Description Of Property
c-c
A parcel ofland located in the NE !.4 of Section 20, Township 3 North,
Range 1 East~ Boise Meridian, Ada County, Idaho, more particularly
described as follows:
BEGINNING at the northeast comer of said Section 20; thence~ along the
northerly line of said section said northerly line also being the centerline of
Overland Road
South 89046'25" West 1030.51 feet; thence leaving said northerly line
South 00013~37" East 202.01 feet to a point of curvature; thence
Along said curve to the left, said curve having a radius of700.00 feet, an
arc length of223.84 feet, a central angle of 18019'18", and a chord bearing
South 09023'16" East a distance of222.89 feet; thence
South 18032'55" East 108.43 feet to a point of curvature; thence
Along said curve to the right, said curve having a radius of2000.00 feet, an
arc length of 1047.10 feet, a central angle of29059'50", and a chord
bearing South 03033' 00" East a distance of 1035.19 feet; thence
South 78033~05" East 278.98 feet to a point of curvature; thence,
Along said curve to the right, said curve having a radius of 750.00 feet, an
arc length of314.43 feet, a central angle of 2400 1 '14"~ and a chord bearing
South 66032'28" East a distance of312.13 feet to a point ofreverse
curvature; thence
Along said curve to the left, said curve having a radius of350.00 feet, an
arc length of216.67 feet, a central angle of35028~09", and a chord bearing
South 72015'56" East a distance of213.23 feet; thence
South 90000'00" East 124.11 feet to the easterly line of said NE !.4, said
easterly line also being the centerline of South Eagle Road; thence along
said easterly line
North 00014'50" East 1806.57 feet to the POINT OF BEGINNING.
Said parcel contains 35.66 acres, more or less, and subject to all covenants,
rights~ rights-of-way, and easements of record.
DEVELOPMENT AGREEMENT (AZ~Ol~018) - 11
C-G
A parcel ofland located in the NE 14 of Section 20, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, more particularly
described as follows:
COrvt1v1ENCING at the northeast comer of said Section 20; thence, along
the northerly line of said section, said northerly line also being the
centerline of Overland Road South 89046'25" West 1030.51 feet to the
POINT OF BEGINNING; thence, leaving said northerly line
South 00013'37" East 202.01 feet to a point of curvature; thence
Along said curve to the left, said curve having a radius of700.00 feet, an
arc length of223.84 feet, a central angle of 18019'18", and a chord bearing
South 09023'16" East a distance of222.89 feet; thence
South 18032'55" East 108.43 feet to a point of curvature; thence
Along said curve to the right, said curve having a radius of2000.00 feet, an
arc length of 1047.10 feet, a central angle 0[29059'50", and a chord
bearing South 03033'00" East a distance of 1035.19 feet; thence
South 78033'05" East 278.98 feet to a point of curvature; thence
Along said curve to the right, said curve having a radius of750.00 feet, an
arc length of314.43 feet~ a central angle of24001 '14", and a chord bearing
South 66032'28" East a distance of312.13 feet to a point of reverse
curvature; thence
Along said curve to the left, said curve having a radius of350.00 feet, an
arc length of216.67 feet, a central angle of35028'09", and a chord bearing
South 72015'56" East a distance of213.23 feet; thence
South 90000'00" East 124.11 feet to the easterly line of said NE lf4, said
easterly line also being the centerline of South Eagle Road; thence along
said easterly line
South 00014~50" West 845.35 feet to the southeast comer of said NE lf4;
thence along the easterly line of the SE 14 of said Section 20
South 00000'01" West 196.19 feet; thence~ leaving said easterly ~ine
North 68020'09" West 26.90 feet to the northeast comer of Lot 34; Block
4 of Thousand Springs Subdivision No. 1~ as shown on the official plat
thereof recorded in Book 78, at pages 8248 through 8249~ Ada County
Records; thence along the northerly boundary of said subdivision the
following courses:
North 68020' 11" West 339.40 feet to a point of curvature; thence,
DEVELOPMENT AGREEMENT (AZ~Ol-OI8) - 12
Along said curve to the left, said curve having a radius of250.00 feet, an
arc length of222.34 feet, a central angle of 50057'20" and a chord bearing
South 86011' 1 7" West a distance of 215.08 feet; thence
South 60042'38" West 121.50 feet to a point of curvature; thence
Along said curve to the right, said curve having a radius of200.00 feet, an
arc length of 116.45 feet, a central angle of 33021 '36" and a chord bearing
South 77023'26" West a distance of 114.81 feet; thence
North 85055'46" West 561.12 feet to the westerly line of the East Y2 of the
SE ~ of said Section 20; thence leaving said Subdivision line along said
westerly line
North 00011 '30" East 118.01 feet to the southwest corner of the NE ~ of
said Section 20; thence along the southerly line of said NE ~
South 89054'39" West 84.04 feet; thence leaving said southerly line
North 01042'57" East 2649.82 feet to the northerly line of the NE ~ of
said Section 20; thence along said northerly line
North 89046'25" East 20.00 feet to the East 1/16th corner common to said
Sections 17 and 20; thence continuing along said northerly line,
North 89046'25" East 298.00 feet to the POINT OF BEGINNING.
Said parcel contains 52.13 acres, more or less and subject to all covenants,
rights~ rights-of-way, and easements of record.
DEVELOPMENT AGREEMENT (AZ-OI-018) -13
EXHIBIT B
Findings of Fact and Conclusions of Law
DEVELOPMENT AGREEMENT (AZ~Ol-018) 814