HomeMy WebLinkAboutWalgreens Pharmacy MI App
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. ~ DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
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S1/ To insure that your comments and recommendations will be considered by
S1~ICt
1903 the Meridian City Council please submit your
comments and recommendations to Meridian City Hall
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oWe~idl!n
IDAHO
TRANSMITTALS TO AGENCIES FOR COMMENTS ON
Attn: Will Berg, City Clerk, by: June 15, 2006
Transmittal Date: May 17, 2006 File No.: MI 06~002
Hearing Date: June 20,2006
Request: Request to Amend the previously approved Development
agreement for Walgreen's Pharmacy (RZ 05~008) to allow an 8 ft.
rather than 6 ft. wall along the east property line
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TREASURE V NJ..E-
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Joseph w. Borton
Charles lvL Rountree
Shaun Wardle
CITY DEPARTMENTS
City Attorney/HR
703 Main Street
898-5506 (City Attorney)
898-5503 (HR)
Fax 884.8723
By: Hawkins Companies
Location of Property or Project: 3150 W. Cherry Lane - NE corner ofW. Cherry
Lane and Ten Mile Road
Fire
540 E. Franklin Road
888-1234/ fax 895-0390
David Zaremba (no FP)
David Moe (no FP)
Wendy Newton-Huckabay (No FP)
Michael Rohm (No FP)
Keith Borup (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, C/C
Joe Borton, C/C
Keith Bird, C/C
Shaun Wardle, CIC
_ Water Department
_ Sewer Department
Sanitary Services(No VAR. VAC, FP)
Building Department I Rich Greene
_ Fire Department
_ Police Department
_ City Attorney
_ City Engineer
City Planner
Parks Department
Parks & Recreation
11 W. Bower Street
888-3579 / fax 898-5501
Planning
660 E. Watertower Lane
Suite 202
884-5533 / fax 888-6844
Police
1401 E. Watertower Lane
888-6678/ fax 846-7366
Public Works
660 E. Watertower Lane
Suite 200
898-5500/ fax 895-9551
. Building
660 E. Watertower Lane
Suite 150
887-2211 / fax 887-1297
Wastewater
3401 N. Ten Mile Road
888-2191/ fax 884-0744
Wa ter
2235 N.W. 8th Street
888-5242 / fax 884-1159
Your Concise Remarks:
Meridian School District (No FP)
_ Meridian Post OffiCe(FPIPP only)
Ada County Highway District
Ada County Development Services
Central District Health
_ Nampa Meridian lrrig. District
Settlers Irrig. District
Idaho Power CO. (FP,PP,CUP)
Qwest (FPIPP only)
Intermountain Gas (FPIPP only)
Bureau of Reclamation (FPIPP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. Land Records
Meridian Development Corp.
Historical Preservation Comm.
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK - FAX 888-4218 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE _ FAX 884-8119
Printed on recycled paper
File No.:
MI-06-002
RECEIVED
MAY 1 5 2006
CITY OF MERIDIAN
CITY CLERK OFFICE
Hearing Date:. June 20,2006
Project Name: Walgreen's Development Agreement Modification
Request:
Miscellaneous request to amend the previously approved Development
Agreement (DA) for Walgreen's Pharmacy (RZ-05-008) to allow an 8-foot tall,
rather than 6-foot tall, CMU wall along the east property line, by Hawkins
Companies.
Location:
3150 W. Cherry Lane; northeast corner of Cherry Lane and Ten Mile Road in
Section 22, Township 3 North, Range 1 West.
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COMMISSION & COlJNBfl: ~~~~}LICATION
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Type of Review Requested (check all that apply)
o Annexation and Zoning
D Comprehensive Plan Map Amendment
o Comprehensive Plan Text Amendment
D Conditional Use Permit
D Conditional Use Permit Modification
o Final Plat
D Final Plat Modification
o Planned Unit Development
o Preliminary Plat
D Rezone
o Time Extension (Commission or Council)
D UDC Text Amendment
o Vacation (Council)
o Variance
j5a'Other 'De.....-e..to"f'~ ~ >-e~-\: VV\.odJ.... -h ~
Applicant Information
Applicant name: \-\ 0.. ~\c..\ 1'"\ 'i;" Co""",,,opo..V"\..e..s. Phone: ~"Lo - E>S'''L'Z-
Applicant address: eGo 45. v....l. 'R--~\:;..-\t....... ~c:1.&.. Q:..o,....-t:,.. Zip: (5 "?'1- 09.
Applicant's interest in property: DOwn D Rent D Optioned '8f Other '-'~ ~~
Owner name: \~o ~~ of- ~ev"+o.-.. t)~ 'PrcI......-.-\-,.s.\- Phone: '041:;5 - <JJ.c{p ~
Owner address: Illl Po..\V""'~ ~,?'=>Olc"e.
Zip: 13 3~"\-
Agent name (e.g., architect, engineer, developer, representative): ~"'--' ~....u \ev-
Firm name: \-\-o....~\<=.\'--'":> ~~~ Phone: C\'-\l~,,*\\'b
Address:
Zip:
Primary contact is: gApplicant DOwner gJlAgent D Other
Contact name: '-'~\~ ~ t M l,.;;.....-
E-mail: ~\Ct;2 . a..~ LL~ \;;;;oV' (3!:) In C-./::;> \..-\... 0 -~
Phone: ",\4-, -'-\"ll'C
Fax: ?::.'1ro - 'C:k>2.~
Subject Propeliy Information
Location/street address: 0\'='0 \1..J. ~"'"""'-j L~
Assessor's parcel number(s): S 1 20 7_ ?::> ~CoQ..-:otJ. . 'Pp.t'2. +l- Io~Q ~ C) F- ~ w 4S ~ w 4-
Township, range, section: se L. 2. ~ N \ "'-l Total acreag;e: ~ 2.-(0
Current land use: cy."u..........~ Current zoning district: c.. Gt '\' eN
660 E. Watertower Lane, Suite 202 . Meridian, Idaho 83642
Phone; (208) 884-5533 . Facsimile: (208) 888-6854 . Website: www.meridiancitv.org
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Project Description
Project/subdivision name: Wo...l5 ~
General description of proposed project/request: ~' , \ I P hQ>\o-VV"O..~ _ ~ \....UL~.J,. V'It\oo..l ~
. . 1
of- DA., c.\'\.o..N'\.'je ~tVV\l- <* LVVlu 1.I.:>cJ.\ CIV\ east rvOl?~ IIVl..o -k-ryvv... 1.0 t +0 'f)'
Proposed zon.ing district(s):
Acres of each zone proposed:
Type of use proposed (check all that apply);
o Residential r::a Commercial 0 Office 0 Industrial 0 Other
Amenities provided with this development (if applicable):
Who will own & maintain the pressurized irrigation system in this development?
Which irrigation district does this property lie within?
Primary irrigation source: Secondary:
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water);
Residential Project Summary (if applicable)
Number of residential units:
Number of common and/or other lots:
Proposed number of dwelling units (for multi-family developments only):
1 Bedroom: 2 or more Bedrooms:
Number of building lots:
Minimmn square footage of structure( s) ( exc!. garage):
Minimum property size (s.t):
Gross density (DU/acre-totalland):
Proposed building height:
Average property size (s.f.):
Net density (DU/acre-excluding roads & alleys);
Percentage of open space provided: Acreage of open space:
Percentage of use able open space: (See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc):
Type of dwelling(s) proposed: 0 Single-family 0 Townhomes 0 Duplexes 0 Multi-family
Non-residential Project Summary (if applicable)
Number of building lots:
Gross floor area proposed;
Hours of operation (days and hours):
Percentage of site/project devoted to the following;
Landscaping: Building: Paving;
Total number of employees; Maximum munber of employees at anyone time:
Number and ages of students/children (if applicable): Seating capacity:
Total number of parking spaces provided; Number of compact spaces provided:
Other lots:
Existing (if applicable):
Building height:
Authorization
Print applicant name: .J~\.Gc;L. ~ ~,........-
Applicant signature: ~ Date: S. S . 0 (c;t
660 E-:- watertO\verL'ane, Su;te 202 . Meridian, Idaho 83642
Phone: (208) 884-5533 . Facsimile: (208) 888-6854 . Website: www.meridiancity.org
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I HAWKINS
COMPANIES
COMMERCIAL DEVELOPERS
May 5, 2006
Mr. C. Caleb Hood
Assistant City Planner
City of Meridian - Planning & Zoning Department
660 East Watertower Lane, Ste. 202
Meridian, ID 83642
Re: Request for Development Agreement Modification
Walgreens - NEC Ten Mile & Cherry Lane
Dear Mr. Hood:
Hawkins Companies would like to request a modification to the Development
Agreement, entered November 11,2005, with regards to the proposed wall height along
the east property line.
Walgreens would like to increase the size of the emu wall height along the east property
line. Per the Development Agreement, the property must install a six foot cmu wall
along the east property line. We would like to amend the Development Agreement to
change this height to eight feet, in lieu of six.
Reference to this wall is in Exhibit D of the Development Agreement. We request that in
all sections where the six foot wall is referenced, "six" be stricken and replaced with
"eight. "
Attached are the required application and supporting materials.
Thank you for you time and consideration regarding this request. If you have any
questions regarding this request and materials, please do not hesitate to call me at 208-
947-4718.
Sincerely,
Hawkins Companies
~
Jessica Aguilar
Pre Development Project Manager
Hawkins Companies
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SlATE Of IDAHO ) S5
COUNT\' OF ~N )
On !his day 01 No,,!ember 19 88 .
I befora me, a Notarv. :ulJticJn imd lor said stale. personally
I appeared JUAN lJ. PR.~!
, known or io.ml1fied to me \D blf1tw'per:;on,whose name is
i subscribed 10 the within inslfu~1 <.s tne a\1orney in fpct 01
GLEN W. llA1!lDSOl:t .' , '. -.' and 3l:AAOwlOOge<! 10 mlr
thaI he subscnoed tlw rnune of GLEN W. DAv:.IDSON
lherelo as principal. and 'bls1!her} 'own fll\l1l $ as.atiomey in
lact, ~ iYr1 .
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Residing,al Nampa " ldal10
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READ A..\'D Ar t'RO, _ ,,:
WARRANTY DEED
FOR. VALVE "RECEIVED JOM! D. i'R!EST. a married ~oman as her sole and separate
property and GLEN W. DAVIDSON, a married man as bi5 sole and separat:a p:>operr:y
tbe Grantor s ,do hereby gram.. bargain. sell and con...e~' un\.()
S.&V&NTll DAY ADVENTIST
SOlITBEIUl IDABO CORPORATION OF
the Grantee
, whose address is
7777 Fairvjew. Boise, In
f'31C:1
1089000225
the following described premises, to-wit:
SEE EXHIBIT "AU AtTACHED HERETO AND MADE A Phll't llEREOF BY TIUS REfERENCE.
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TO HAVE Al\D TO HOLD the said pl'el11i!1t!3. with thdl' appunenances UntO tho:: said Gl'amee
its heirs ~md '-!!\!>igns forC!\'er. ..l,ntl the :;~\jd Gramor 5 do hereb, CQ.'enant to
. and with the s:l,id Grant0l . that t h~ yare the (ltl:"nets in fee simple of said -premise:;; that
said premises are free from all i!ncumhr;:tnco::"; f.':tcept for general taxes and assessme.ncs.
covenants. condit1ons, restrictjons and easemen~s of Tecord;
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Dated:
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GLEN ;DA~~ j). /J~4~
ST.....'rE OF It!,I.li(J, cot::;:n' OF CANYON
On thi~ ~"}' nf NOVemDer . l!l 88 '
before me, 11 notlll)' I'uhlic in :mll rur ~..id !-:tul<.. I'cr.on<,lly
lIPlleund JOAN D.. PR!EST
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EXHIBIT "A"
Thi~ pa~cel is a po~tion oi the ~1/4~1/4 of Section 2, Icwns~i~
3 No~thJ Rang~ 1 West of th~ Boise H~~jdi~n and is mo~~
p~rticular1y d~scpibed as follows:
BEGINNING at the southwest co~ner of ~aid SWl/4SWi/4;
Tnence North 0019'Q7~ East along the westerly boundary of said
SWl/4SWl/4 a distance of 345.50 f~etl v
Thence South 8Bo38~31..East pa~allel with the southerlY boundary
of said SWl/4SWl/4 a distance of 417.50 f~~t;
Ther.ce South cP 1.9~07" West parall el wi th th~ said w@stes-ly
boundary a distance of 345.50 i~et to ~ pofnt on said south~rly
bounda.f')';
Th~nce No~lh 89039'31" W~st a distance of ~t7.50 feet to the P01NT
OF BEGINNING.
This parcel contains 3.311 acres and is subJect~ to county ~oad
rights-of-way along the westerly and southerly bovnd~rj~s c.Qd to a
7.5 foot wide irrigation e....semerd; alOng the eastoe-rly bound~ry.
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8949857
BARGAIN AND SALE DEED
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THIS INDENTURE, Made the ./ .:J day of ~ q \ l-1 ,
1989, between the SOUTHERN IDAHO CORPORATION OF SEVENTH DAY
ADVENTISTS, the parties of the first part, and the CITY OF
MERIDIAN, IDAHO, a Municipal Corporation, the parties of the
second part,
WIT N ESE T B:-
That the said parties of the first part, for and in
consideration of the sum of TEN ($10_00) DOLLARS, and other good
and valuable consideration, lawful money of the United States of
America, to them in hand paid by the said parties of the second
part, the receipt for which is hereby aCknOWledged, have
granted, bargained, sold and conveyed, and by these presents do
9~ant, bargain, sell and convey unto the said parties of the
second part, and to their heirs and assigns forever, all that
certain pieoe or parcel of land Situate, lying and being in the
County of Ada, and state of Idaho, particularly described as
follows, to-wit:
(SEE EXHIBIT "An ATTACHED HERETO)
together with all and singular the tenements, hereditaments and
appurtenances thereunto belonging or in anywise appertaining,
and the reversion and reversions, remainder and remainders,
rents, issues and profits thereof; and also all the estate,
right, title, interest, property, possession, claim and demand
whatsoever, as well in law as in' equity, of the said parties of
the first part, of, in or to the said premises, and every part
and parcel thereof, with the appurtenances.
TO RAVE AND TO HOLD, all and singular the said premises,
together with the appurtenances, unto the said parties of the
second party, and to their heirs and assigns forever~
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IN WITNESS WHEREOF, the said parties of the first part have
hereunto set their hands and seals, the day and year first above
written.
SOUTHERN IDAffO CORPORA~ION OF SEVENTH
DAY ADVENTISTS
BY0.f ~ :( rWfl-I,-J
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BY~rV(/x2/~j ~~j
STATE OP IDAHO )
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County of Ada
On this ..,?v..r2- day of (ir...<..~KL"-~ 1 1989, before me, the
undersigned, a Notary . Ubli~lin and for said State, gersonally
appeared .5:;;./ ...,.,,) . 7/::.- r...~,.." ) and ~.(J~ -;r..J /q4---ti /
, known or identified to me to be the .""'Ac.u...:4...t---/.. /-.
-<"""f -
and -'- .. Ah r- 2a"""-<.1 of the SOUTHERN
IDABO CORPORATION SEVENTH DAY 'ADVENTISTS, whose names are
subscribed to the foregaing instrument, and acknowledged to me
that they executed the same.
.....
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal, the day and year in this certificate first
above written.
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--NO~--y"" P~lic . f?r Idaho
Res~dence Merldlan/ Idaho
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EXHIBIT itA"
A parcel of land lying in the SW 1/4 of the SW 1/4 of
Section 2, T. 3N., R. lWq a.M., Ada County~ Idaho and more
particularlY described as fo11ows:
Beginning at the brass cap marking the section corner
common to Sections 3) 10, 11 and the said Section 2;
thence North 0 19.07" East 345.50 feet along the Westerly
boundary of the said SW 1/4 of Section 2~ which is also tile
centerline of Ten Mile Road~ to an iron pin;
thence South SB 38~311t East 317.50 feet along a line
Northerly of and parallel with the Southerly boundary of the
said SW 1/4 of Section 2 to an iron pin, also said point being
the RE~L POINT Or BEGINNING;
thence continuing South 88 38'31u East 100.00 feet along a
line Northerly of and parallel with the said Southerly boundary
of the SW 1/4 of Section 2 to a point;
thence South 0 19' 07" West 50.00 feet along a line
Easterly of and parallel with the said Westerly boundary of the
sw 1/4 of Section 2 to a pOlot;
thence North 88 38'31n West 100.00 feet along a line
Northerly of and parallel with the said Southerly boundary of
the SW 1/4 of Section Z to an iron pin;
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thence North 0 19'07.' East 50.00 feet along a line
Easterly of and parallel with the said Westerly boundary of the
SW 1/4 of Section 2 to the point of beginning~ comprising 0.115
acre (4,999.18 square feet), more or less)
AND:
A 2S.00-foot Ingress - Egress Easement lying in the SW 1/4
of Section Z, T. 3N. ~ R. lW.) 8.M.) Ada County, Idaho and more
particularly described as follows:
Beginning at the brass cap marking the section corne~
common to Sections 3) lOt 11 and the sald Section 2;
thence North 0 19'07" East 345.00 feet along the Westerly
boundary of the said SW 1/4 of Section 2, which is also the
centerline of Ten Mile Road) to all iron pin, also said point
being the REAL POINT OF BEGINNING;
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thence South 88038131~ East 317.50 feet along a line
Northerly of and parallel with the Southerly boundary of the
said SW 1{4 of Section 2 to an iron pin;
tnence South OD 19107" West 25.00 fe~t along a lin-::;
Easterly of and parallel with the said Westerly boundary of the
sw 1/4 of Section 2 to a point;
thence North 88038131" West 317.50 feet along a line
ttortherly of and parallel with th~ said Southerly boundary of
the sw 1/4 of Se.ction 2. to a point on the said Westerly
boundary of the SW 1/4 of Section 2;
thence North 001910711 East 25.00 feet along the said
Westerly boundary of the SW 1/4 of Section 2 to the point of
beginning;
AND ALSO:
!g A 10.0 - foot wide drain line easement lying in the SW 1/4
t\'fbf Section 2, 1. 3N.~ R lW.. B.M.~ Ada County, Idaho and more
particularly described as follows;
Beginning at the brass cap marking the section corner
common to Sections 3, 10, 11 and said Section Z;
thence South B~ 38'31" East 410.00 feet along the
southerly boundary of the said SW 1/4 of Section 2, which is
also the centerline of Cherry Lane Road, to an iron plOt said
point being the REAL POINT OF BEGINNING;
thence North Oglgf07~ East 295.50 feet to an iron pin;
the n c e Nor t h 88 038 I 31 ~ We s t 10. 00 fee t to a poi n t ;
thence South 0019'07>> West 295.50 feet to a point;
thence South 88Q 38'31" East 10.00 feet to the point of
beginning.
SUBJECT TO:
A 7 _ 50- f 0 0 t I r ri gat 1 on E a $ em e n t 1 Y '\ n 9 7. 50 f e eo t We s t e r 1 y
of and parall elwith the Easterly boundary of the above
describ~d paracel of 1and.
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AND ALSO SUBJECT TO:
the reservation by the Grantor of the use of the 25.0oR~
foot Ingress - Egress Easement Tying in the SW 1/4 of Section
2~ T. 3N.. R. 1 W. t 8.M. ~ Ada County. Idaho which is descri bed
herein above and which use is also granted and conveyed to the
Grantee.
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q/W PARCEL NO. 51
~ECTION <. T3~. R1W. B~
Ma County Hlchway DIstrict
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WARRANTY DEED
~':>r" v;\lui:' P.ece'v,;>d, SDUrI-lEtl:N IDAHO CORPORATION OF SEVENTH OAr
AOVFIITI5T, thl:' GRANTOR, dol', hprehy grnl1t, oargain, se-l1 and cOl'lvt'y \lnt.o Ihfo
AD~ COUNTY HIGHWAY DISTRICT. a Body Politic and Corporat~ of th~ Stat~ of
!d3ho. GRANTEE. w~ose princtpal pl~ce of business is 318 East 37th street,
RoiSp., Idaho a)714, thp followj~g d~scrlbed real p~tate locnt.~d In thp City
of Boise, County of Ada. State of Idaho. to-wit:
A p~rcel of land for public right-of-way being coincid~nt with the [as~
right-of-w~y linp of Ten Mill' Road and the North right-af-way )loP of Chprry
Larye, located i~ the 5outhw~t l of the SQuth~est ! of $ectiGn 2. 1.3H_.
R.l~_. Boise M~rldlan. Ada County. Idaho. being more p6rt\cu\arly rlescribed
a~ follow~:
Comm~ncin9 at the Southwest (orner of said Section 2;
Th~n~e ~1on9 tne .~e5t line of said Section, al~o ~ei~9 tn~ centerline
of Tpn Mile Road, North OQoIH'3A" Ea5t, 345.5Q f~et~
Thence leaving said ~est line, South 8SQ3~'09H East, 25.00 r~et to said
East right-of-way line and point being 25.00 feet right of Ten Mite RGan
Station 310~3fi.89 of thp. project centerline, said point bp.ing th~ RE~I PO\Ml
OF BEGINNING;
Thence conti~U;~9 South 88039'09" East, 11.11 feet;
Thp.nr.e South 02012'32" (<'1st, 201.118 feet;
Thence South 00"18'38" l1'!'st, 85.27 fe<at;
Thpnce South 43014'44" ra<;t., 42_71 fi:'et;
Thel"'ce South 88042'45" Eilst, 343.01 f~e-t to a point b!!i"9 40.00 feet
'eft of Cherrv Lane Station 81+08.51 of the ~roJect centerl1ne;
Thpoce S~uth 0001e'38" Wp.st. 3.60 feet to the $aid North right-of-wny
1 i nej
The"c~ alol'9 said line. North 88039'09" West, ]92.50 fe<at to said East
right-of-way 1ine;
Thence along 5aid lin~, North 000]8'3R" East, 320.50 reet to thp RfAI
POINT Of BEGINNING. said parcel containing 0.\66 acre~, or 1.212 square
feet, more Or less.
TO HAVE AND TO HmO the <;aid prf'mi.'<p.,>, wlt.h t.hllir ilppurt.p.!'Iilncp,; unto
the said Grantee, its helrs and assigns forev~r.
I~ WITNESS WHEREOF, the Grantor,
~Direct.ors h3~ caused its name to hi:'
~dent and its seal affixed by
~ , 1994.
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pursuant to a resolution of its Board
hereunto subscribp.d by/ i7f V,ce
its Secretary thi$ ~ day of
SOUTHERN IDAHO CQRPQRA110H OF
SEVENTH DAY AOVENTlS1
By:
,.(/ u";",-.:,{ f? 2~.-J"A a
ATTEST:
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ec-~~,:jli.~
Presldent
17.l:2UOI0J2
5TAT~ Of IDAHO
55.
CDlNT'i OF ADA
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On this ~ day of \}r.-,. './ ,199'1, before me, a notary publ i<:.
in and for ,:",io St"tP., personally appeared {r '.If'~''1 t' JV'... .,-,. r ,'r ano
r-. (,_,.,..: -.F.}'...' ,-',k" . kno....n to me to toe the \lice Pres.ident anO
Secretary of th~ S6ut~ern Idaho Corporation of Seventh Day Adventist th~t
executed this instrument, or the persors who executed the in5tru~~t on
be.half of said Corporation il/ld acknowledged to ml' that $uch CorporatiDn
executed the sam~.
IN WITNESS WHEREOF, I have hereunto set my hand and affjx~ my official
seal, toP. day and year in th;~ certificate first above written,
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Page 1 of 1
RESTATED AND AMENDED ARTICLES OF INCORPORJ\. TlollLED
f:3 N~ Y - 9 AM II: I .
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SOUTHERN IDAHO CORPORATION OF SEVENTH-DAY ADVE~~~Ha
TO BE KNOWN AS
IDAHO CONFERENCE OF SEVENTH.DA Y ADVENTISTS, INC.
(approved April 13,2003)
EFFECTIVE DATE; January 1,2004
Pursuant to the provisions of Iuaho Code, Sections 30-3-1, ~. the Idaho Nonprofit
Cor:poration Act. the undersigned Corporation, pursuant to areso11ltion adopted by its Members and
approved by its Delegates, hereby adopts the following Restated and Amended Articles of
Incorporation.
ARTICLE 1- NAME OF CORPORATION
The name of the Corporation shall be: IDAHO CONFERENCE OF SEVENTH~DA Y
ADVENTISTS, INC.
ARTICLE U - DURATION
The period of existence and duration ofthe life of the Corporation shall be perpetual.
ARTICLE ill - REGISTERED OFFICE
The location of the registered office of the Corporation shall be in Boise. County of Ada,
State ofIdaho, and the address of the registered office of the Corporation shall be 7777 Fairview
Avenue, Boise, Jdaho 83704.
ARTICLE IV-PURPOSES
The Corporation is a religiOlls corporation. The mission and primary purpose of the
Corporation shall be to promote and extend the work of the everlasting Gospel throusIDout its
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AR'BCLES OF INCORPORATiON - PAGE t
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RESTATED AND AAIENDED ARTICLES OF INCORPORATION
of
SOUTHERN IDAHO CORPORATION OF SEVENTH-DA Y ADVENTISTS
TO BE KNOWN AS
IDAHO CONFERENCE OF SEVENTB~DA Y ADVENTISTS, INC.
(approved ApriJ 13,2004)
Pursuant to the provisions of Idaho Code, Sections 30-3- J, et seo.. the Idaho Nonprofit
Corporation Act, the undersigned Corporation, pursuant to a resolution adopted by its Members and
approved by its Delegates, hereby .adopts the following Restated and Amended Articles of
Jncorporation.
ARTICLE I - NAME OF CORPORATION
The name of the Corporation shall be: IDAHO CONFERENCE OF SEVENTH-DAY
ADVENTISTS, me.
ARTICLE Il- DURATION
The period of existence and duration of the life oithe Corporation shaH be perpetual.
ARTICLE III - REGlS~ERED OFFICE
The location of the registered office of the Corporation shaH be in Boise, County of Ada.
Stale of Idaho. and the address of the registered office ofthe Corporation shall be 7777 Fairview
Avenue, Boise. Idaho 83704.
ARTICLE IV ~ PURPOSES
The Corporation is a religious corporation. The mission and primary purpose of the
CO.lporation shaH be to promote and extend the work of the everlasting Gospel throughout its
ARTrCLES OF INCORPORATION ~ PAGE 1
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terrilory and to cooperate with the North Pacific Union, General Conference and North American
Division of Seventh-day Adventists in extending the world-wide missionary program.
The general purpose of the Corporation lS to coordinate a Christian ministry including, but
not limited to> a pastoral, teaching, literature and health ministry.
The Corporation is not fenned for pecuniary profit, and no part of the revenue or income of
the Corporation shall inure to the benefit of any delegate, member, director, or officer thereof or to
any individual, or be applied or used for any purpose other than to further the objects and purposes of
the Corporation to the extent allowed under Section 501 (c)(3) ofthe Internal Revenue Code of1986,
or the corresponding provision of any subsequent federal tax law. which purposes are as follows:
(a) To diffuse moral and religious knowledge throughout the entire world by owning and
operating suitable facilities for the purpose of public worship, religious trdining and
charitable activities lUlder the supervision of the pol1cies and discipline of the Seventh-day
Adventist denomination;
(b) To own and operate schools for religious and .secular training. or either of them; to
own and operate Hbraries, hospitals. sanitariums. youth eamps~ recreational centers,
campgrounds and auditoriums for religious purposes; to own and operate orphanages,
convalescent. senior citizen or retirement homes and other benevolent enterprises; to 0l.\lD
and operate publishing houses, bookstores, radio and television statlons, and production and
distribution facilities for rel.igious materials; to engage in the research. production and sale of
food products for aiding in the practice of health principles as advocated by the Seventh-day
Adventist Church; and
(c) In general to do whatever pertains to the spiritual or temporal interests, or both, of the
Corpordtion and the churches and other institutions under its jurisdiction, or one ormore of them,
AR.TICLES OF lNCORPORATION - PAGE 2
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ART1CLE V - POWERS
The Corporation shalt have and exercise any and all powers and privileges now or hereafter
conferred by the Jaws of the State of Idaho, sllch as in Chapter 3. Title 30, Idaho Code, or under any
Act amendatory thereof or supplemental thereto or substituted lherefor, and generally to do and carry
on all activities directly or indirectly connected wilh or appertaining to any of the foregoing pmposes
specified in these Articles of Incorporation.
ARTICLE VI - MEMBERSHTP
The Corporation shall have uo members as defined under the ldaho Nonprofit Corporation
Act, Idaho Code, Section 30-3Rt, e15e'!.
ARTICLE VII - DELEGATES
The Corporation shall have delegates. The number and qualilications of delegates and the
terms and conditions of delegates shall be as set forth in the Bylaws of the Corporation.
No delegate shall have Or acquire a greater interest in the Corporation than any other delegate;
and the voting power and rights of the delegates ofthe Corporation shalJ be equaL
ARTICLE VIU - BOARD OF DIRECTORS
Conlrol and management of the atTairs ofthe Corporation shall be vested in the delegates, provided
that certain responsibilities and duties of control and management may be delegated to the Board of
Directors as specified in the Bylaws. The number ofmembers ofthe Board of Directors. their terms
and qualifications shall be set forth in the Bylaws of the Corporation.
ARTICLE IX - LIABILITY
The officers, directors and/or delegates of the Corporation shan not be individually liable for
the Corporation debts OT other liabilities of any klnd whatsoever. The private property of any officer.
director. or delegate of the Curporation shall not be subject to the payment ofcolporate debts to any
ARTICLES OF INCORPORATION - PAGE 3
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extent whatsoever, and they shall not be subject to assessment for any purpose of paying expenses.
conducting business or paying debts of the Corporation.
Any person (and tbe heirs, executors and administrators of such person) made or threatened
to be made a party to any action, suit or proceeding by reason of the fact that he or she is or was an
officer, director. or delegate of the Corporation shall be indemnified byth-e Corporation. Such right
of indemnification shall not be deemed exdusi ve of any other rights to which such officer, director,
member or delegate (or such heirs. executors or administrators) may be entitled apart from this
Article. The lerms of indemnification shall be as more fully specified in the Corporation's Bylaws.
ARTICLE X - RIGHTS UPON DISSOLUTION
In the event of the dissolution of the Corporation, and after paying or making provision for
the payment of aU the liabilities of the Corporation. all assets remaining shall be transferred to the
North Pacific Union Conference Association of Se.....enth-day Adventists. or its successor or
designated alternate orgMization providing that at such time such organization shall qualify as an
exempt organization under Section 501(c){3) of the Internal Revenue Code of 1986, or the
corresponding provision of any subsequent federal tax-law.
ARTICLE XI- AMENDMENT OF ARTICL.ES AND BYLAWS
The amendment of these Articles of Incorporation and the Corporation's Bylaws shall be onLy
upon an action of the Board of Directors as affimled by the delegates under the provisions more fully
set forth under the Bylaws of the Corporation.
The foregoing Restated and Amended Articles of lncorporation of the IDAHO
CONFERENCE OF SEVENTH-DAY ADVE0IT1STS, INC., correctly set forth the Articles of
Incorporation as duly approved by the Board of Directors, the members and the delegates as caned
for in lhe CorpQration1s Articles of Incorporation and the Corporationts Bylaws, as well as under lhe
ARTICLES OF INCORPORA TTON - PAGE 4
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provisions of Idaho Code. Section 30-3-1, et se}l., the Idaho Nonprofit Corporation Act.
DATED this :;;... ;ZlliL
day of April, 2003.
IDAHO CONFERENCE OF SEVENTH-DAY
ADVENTlSTS, INC.
~;;::~
STE. EN L. McPHERSON. PRESIDENT
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ATTEST:
C8~ lAc (<~~r"
DONALD A. KLINGER, SE TARY
VERIFICATION
STATE OF IDAHO )
: 58.
County of Ada )
On this~ day of April, 2003~before me, the undersigned, a Notary in and for said State,
personally appeared STEPHEN LMcPHERSON~ known to me to be the president of the IDAHO
CONFERENCE OF SEVENTH-DAY ADVENTISTS, INC. and the person whose name is
subscribed to the within instrument, amI acknowledged to me that he executed the same on behalf of
said corporation.
IN WITNESS V1H.EREOF l I have hereunto set my hand and affixed my official seal the day
and year hereinabove written. p
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ARTICLES OF INCORPORATION - PAGE 5
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CERTIFICATE OF RESTATEMENT OF
THE ARTJCT.ES OF INCORPORATION OF
SOUTHERN IDAHO CORPORATION OF SEVENTH-DAY ADVENTISTS
to be known as
IDAHO CONFERENCE OF SEVENTH-DAY ADVENTISTS, INC.,
PURSUANT to Sections 30-3-93, 30-3-94 and 30-3-99, Idaho Code, and Article Xl of
the Articles of Incorporation of IDAHO CONFERENCE OF SEVENTH-DAY ADVENTISTS,
TNC., formerly knOVl11 as SOCTHERN IDAHO CORPORA TTON OF SEVENTH-DA Y
_..\DVENTISTS, an Idaho nonproiit corporation. and upon the approval and recommendation of
the Board of Directors, upon due notice th.ereof, at its meeting of the Delegates of the
Corporation, as defined in the Corporation Bylaws, held in Caldwell, Idaho, on the 13,h day of
April, 2003, the Delegates did adopt by a two-thirds (213) majority as called for in the
Corporation Bylaws, a Resolution amending and restating the Corporation's Articles of
Incorporation as set forth in the attached RESTATED AND AMENDED ARTICLES OF
INCORPORATION of the IDAHO CONFERENCE OF SEVEmH-DA Y ADVENTISTS, INC.,
formerly known as SOUTHERN IDAHO CORPORATION OF SEVENTH-DAY
ADVENTISTS.
ill addition to other Articles re'Vised in said ARTICLES OF WCORPORATlON~ the
name of the Corporation as stated in ARTICLE I has been changed from the SOUTHERN
IDAHO CORPORATION OF SEVENTH~DAY ADVENTISTS 10 IDAHO CONFERENCE OF
SEVENTH-DAY ADVENTJSTS, INC.
No other approvals of any other person or entity are required for 1hc restatement of the
Corporation1s Articles of Incorporation.
The Restated Articles of Incorporation and name change shall be effective January 1,
2004.
CERTIFlCA TION
I, DONALD A. KLINGER, the duly appointed Secretary of IDAHO CO~'FERENCE OF
SEVENTH-DAY ADVENTISTS, INC., foonerly known as SOUTHERN ID/iliO
CORPORATION OF SEVENTH-DAY ADVEhTfSTS, do hereby certify that the above-
described action was duly vowel by the Delegates of the Corporation upon the approval and
recommendation of the Board of Directors on ApriIn, 2003, at a meeting duly constituted for
the purpose of approving the REST A TEl) AND AMENDED A RTlCLES OF
INCORPORATION including amendmentsinc1l1dell in said Restatement and the change of the
Corporation's name.
S2l~ ~. '~
DONALD A. KLINGER See tary
IDAHO CONFERENCE OF SEVENTH-
DAY ADVENTISTS, INC.
CERTIFICATE OF RESTATEMENT - PAGE I
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STATE OF IDAHO )
: 55.
County of Ada )
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On this ~ day of April, 2003, before me, the undersigned, a Notary in and for said
State, personally appeared DONALD A KLINGER, known to me to bc the secretary of the
SOUTHERN IDAHO CONFERENCE OF SEVENTH-DAY ADVENTISTS, to be known 8S the
lDAHO CONFERENCE OF SEVENTH-DAY ADVENTISTS,mc. and the person whose
name is subscribed to the within instrument, and acknowledged to me that he executed the same
on behalf of said cOlporatioD.
TN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year hereinabove written.
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CERTIFICATE OF RESTATEMENT - PAGE 2
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IDAHO
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CERTIFICATE OF ZONlNG COMPLIANCE*
Date: December 5. 2005
Project NameINumber: Walgreen's Ten Mile - CZC-05-140
Owner: Southern Idaho Corporation of Seventh Day Adventist
Site Address: Northeast comer of Cherry Lane and Ten Mile Road
Proposed Use: 14,739 square-foot retail pharmacy building
Zoning: C-G
Comments:
Conditions of Approval: Project is subject to all current City of Meridian ordinances and the Development
Agreement on this property. The issuance of this pennit does not release the applicant from any previous
requirements of the other permits issued for this site (see RZ-05-008 & CUP-05~029). Please notetbatthehours
of operation for this property are restricted from 6 am to 11 pm; that the cross-access easement (submitted with
the sub 'ect CZC) between the sub 'ect developer and the property owner to the north must be recorded riorto the
City re1easmg occupancy 0 the b' ,&; a spec c screening/fencing requirements to. the adjacent
residential uses were required with the previous application approvals.
Landscaping: The Landscape Plan prepared by South Landscape Architecture, P.C., on Novembe~ 15,2005,
labeled Sheet L1~O, is approved (stamped "Approved" on December 5, 2005 by the Meridian Planning
Dep~~nt)w1~the followingchanges (seeredline changes on plan): 1) ODC 11~3B-8.C.2.creq~~~.,interior.
l~~9,~Re planters at the ends of rows of parking. Add landscape planters to the ends of the pa:rkJng'.~ows
near)li~'northwest and southeast side of the building.; 2) UDe 11-3B-8. C.2.d requires each futeridrplanter
that s~:rV~sa" single row of parking spaces to be landscaped with at least one tree and covered with low shrubs,
lawn, brdther vegetative groundcover; double row planters require two trees and vegetative groundcover, Add
trees and ground cover to the planters required in Note #1 above and in the planters adjacent the parking
on the south side of the future pad site.; 3) UDC 11-3B-5 requires woody shrubs to be from a minimum 2
gall()n pot,~ 1 gallon shrub is proposed on the submitted plan. Install all plant material in accordance with
".,...', '~ - . . -': .
W>FJ ~:-~~- ~.'. Other than the above-mentioned changes, the approved landscape plan is not to be altered without
pHQI:: wntiel!-approval of the Planning Department. No field changes to landscape plan permitted; prior written
. ap~r#J;~~MAW. ..#~!eria1 changes is required.
. - ' -. ~
SitePl~: The Site Plan prepared by Roylance and Associates, P.A., on October 14,2005, labeled Sheet 1 of 1, is
approve<t(staptped"Approved" on December 5, 2005 by the Meridian Planning Department) with no changes.
Elevations: The Elevations prepared by BRS Architects, on October 10,2005, labeled A2.I, are approved with no
changes from the Planning Department.
Irrigation: An; underground, pressurized irrigation system must be installed to all landscape areas per the
approved specificatfons ~djn accordance with UDe 11-3A-15.
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Protection of Existing Trees: Any existing trees on site must be protected or mitigated for in accordance with the
Tree Preservation section of the City's Landscape Ordinance. Per TIDe 11-3B-l0, coordinate with the Parks
Department Arbonst (Elroy Ruff, 888-3579) for approval of protection/relocation measures for the
existing trees prior to construction. Any severely damaged tree must be replaced in compliance with UDC 11-
3B-IO-C.5.
Parking: The proposed parking areas shall be paved and striped in accordance with UDC II-3D. Project
engineer/architect shall certifY that the number and size of handicap-accessible spaces conforms to the Americans
with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA and signed
~'V an Accessible'.
Curbing: Per UDC ll-3B- 51, all landscape areas adjacent to driveways, parking lots. or other vehicle use areas,
must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for
storm water runoff.
Sidewalks: All sidewalks shall be constructed in accordance with 11-3A -17. Sidewalks shall be constructed prior
to occupancy.
Drainage: Storm water drainage swales shall not have a slope steeper fuan 3: 1, shall be:fully vegetate<L and shall
be designed in compliance with UDC 11-3B-ll and UDC 11-3A-18.
Fencing: Any required or proposed fencing shall be installed with current fencing standards as defined in UDC
11-3A-7. NOTE: Specific fencing, for the east and north boundaries ofibis site, are required. In accordance with
the Development Agreement requirement, the eMU wall along the west property line shall be 6-feet talL
Lighting: Lighting shall not cause glare or impact the traveling public or neighboring development and
comply with lighting standards as defined in UDC 11~3A-1l.
Signage: No signs are approved with this CZc. All business signs will require a separate sign permit in
compliance with UDC 11-3D.
TrashEnclosure: All dumpster(s) must be screened in accordance with UDC-11-3A-12. Trash enclosures must
be built in the location and to the size approved by SSC
Handicap-Accessibility: The structure, site improvements and parking must be in compliance with all federal
handicap-accessibility requirements.
ACHD Acceptance: . All impact fees, if any. shall be paid prior to the issuance of a building permit. If any
changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be
submitted to the City of Meridian Planning staff for approval prior to the issuance of a building permit.
Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of
Occupancy. A written certificate of completion shall be prepared by the landscape architect, landscape designer or
qualified nursel}'DJ1lD. responsible for the landscape plan upon completion of the landscape installation. The
Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler
installation, are in substantial compliance with the approved landscape plan. 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 1he amount
of 110% of the cost of the remaining improvements. A bid must accompany any request for Temporary
Occupancy .
Plan Modifications: Except for the changes mentioned above, the approved Site Plan, Landscape Plan stamped
"Approved" on December 5,2005. and Elevations. and are not to be altered without prior written approval of the
Planning Deparlment. No significant field changes to the site or landscape plans are permitted; prior written
approval of all changes isrequiroci (1~ ~ _
Cr' Hood '------
Associate City Planner
*TIDs letter does not indicate compliance ,villi requirements of other departments/agencies, including, but not limited to,
Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer,
Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of
issuance if work has not begun..
RADIUS NOTICE REPORT
FILE NAME: wallg
15-i\tlay-2006
Owners
Owner Address
ALBERTSONS INC
PO BOX 20
BOISE, ill 83726-0000
Property Address: 3301 W CHERRY LN
ATKINSON IAN PATRICK 1780 N ARONMINK WAY
MERIDIAN, ill 83642-0000
Property Address: 1780 N ARONMINK WAY
BAILEY PEGGY SUE 3290 W SUGAR CREEK DR
MERIDIAN, ill 83642-0000
Property Address: 3290 W SUGAR CREEK DR
BAUMGARDNER BOB
BAUMGARNDER CHERYL
1759 N VICTOR AVE
MERIDIAN, ill 83642-0000
Property Address:
1759 N VICTOR AVE
BLAKESLEE JOHN A
ANDERSON LADELL M
2545 E USTICK RD
MERIDIAN, ID 83642-5535
Propeliy Address:
2996 W ANN ST
BOUNXAYSANAPHOUKHONG
3015 W ANN ST
MERIDIAN, ID 83642~1180
Property Address: 3015 W ANN ST
BRIEST WARREN H
2994 W STEPHANIE CT
MERIDIAN, ID 83642-1181
Propeliy Address: 2994 W STEPHANIE CT
CALL CHERRI R
3039 W ANN ST
MERIDIAN, ID 83642-0000
Property Address: 3039 W ANN ST
CHARTERS ROBERT L
CHARTERS PHYLLIS R
3280 W SUGAR CREEK DR
MERIDIAN, ill 83642-0000
Property Address: 3280 W SUGAR CREEK DR
1
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Owners
Owner Address
CHERRY LANE VILLAGE NO 03 HOA INC
PO BOX 655
MERIDIAN, ill 83680-0655
Property Addl"ess:
N lEN MILE RD
CHISHOLM JAMES A
CHISHOLM JULIA V
1720 N ARONtvlINK WAY
MERIDIAN, ill 83642-0000
Propel1y Address:
1720 N ARONlvllNK WAY
COLBURN RICHARD G
ARRUBARRENA ROSE MARIE
3623 KENDRA WAY
SAN JOSE, CA 95130-0000
Property Address: 3119 W GEMSTONE DR
COOK DENNIS P
COOK JUL YNN M
3157 W GEMSTONE DR
MERIDIAN, ill 83642-0000
Propel1y Address: 3157 W GEMSTONE DR
CORTRIGHT MARIAN A TRUST
CORTRIGHT MARIAN A TRUSTEE
3012 W ANN ST
MERIDIAN, ill 83642-0000
Property Address: 3012 W ANN ST
DUNCAN MARCUS S
3286 W SUGAR CREEK DR
MERIDIAN, ill 83642-0000
Property Address: 3286 W SUGAR CREEK DR
DURSTELER AMY Y 3149 W GEMSTONE DR
MERIDIAN, In 83642-0000
Propel1y Address: 3149 W GEMSTONE DR
ESPINOZA ISRAEL G 780 S TORINO AVE
MERIDIAN, ill 83642-3574
Property Address: 3288 W SUGAR CREEK DR
FREDERIKSEN DARIN D 1679 N VICTOR AVE
FREDERIKSEN SHERRI R MERIDIAN, ill 83642-0000
Property Address: 1679 N VICTOR AVE
GOETZ LARRY F
PO BOX 1209
MERIDIAN, In 83680-1209
Property Address: 1768 N VICTOR AVE
2
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Owner Address
Owners
HANKS WILLARD N JR &
HANKS LEONA G
Property Address: 3057 W ANN ST
HARVEY CATHERINE ANN
PropeJiy Address: 3230 W WOODMONT DR
HOELZEL CAROL A
Property Address: 3089 W GEMSTONE DR
IDAHO CENTRAL CREDIT UNION INC
Property Address: 3127 W CHERRY LN
KAWANO EDITH L
Property Address: 3255 W WOODMONT DR
LARSON FAMILY TRUST I
LARSON ARTHUR J TRUSTEE
Property Address: 3061 W GEMSTONE DR
MARCH DAVID
MARCH LEANN M
ProllCrty Address:
1711 N VICTOR AVE
MERIDIAN CITY
Property Address:
W CHERRY AVE
MONK SCOTT C
Property Address:
1730 N VICTOR A VB
NALL LINDA R
Prolleliy Address: 1827 N SW AINSON AVE
3057 W ANN ST
MERIDIAN, ID 83642-1180
3230 W WOODMONT DR
MERIDIAN, ID 83642-0000
2519 W PENICK POINTE CT
MERIDIAN, ID 83642-5182
PO BOX 2469
POCATELLO, ID 83204-2469
3255 W WOODMONT DR
MERIDIAN, ID 83642-0000
3061 W GEMSTONE DR
MERIDIAN, ill 83642-0000
963 W STAFFORD DR
EAGLE, ID 83616-0000
33 E IDAHO AVE
MERIDIAN, ID 83642-2631
1730 N VICTOR AVE
MERIDIAN, ill 83642-0000
1827N SWAINSON AVE
MERIDIAN, ID 83642-4112
3
Owners
Owner Address
NAMPA & MERIDIAN IRRIGATION DISTRICT
1503 01ST SOUTH ST
NAtvtPA, ID 8365]-0000
Property Address: 1635 N TEN MILE RD
NAUGLE DARRYL 3355 N RUGBY WAY
BOISE, ID 83704-0000
Propel1y Address: 2993 W ANN ST
SABLE RONALD LEE
1735 N VICTOR AVE
MERIDIAN, ID 83642-0000
Property Address: 1735 NVICTORAVE
SAINT ALPHONSUS REGIONAL MEDICAL CE
1055 N CURTIS RD
BOISE, ill 83706~0000
Property Address: 3025 W CHERRY LN
SANTI RONALD J
SANTI MARY J
3270 W WOODMONT DR
MERIDIAN, ill 83642-0000
Property Address: 3270 W WOODMONT DR
SMITH CHARLES L & TERESA E
1653 N VICTOR AVE
MERIDIAN, ill 83642-1184
Property Address: 1653 N VICTOR AVE
,.
SOUTHERN IDAHO CORPORATION
SEVENTH DAY ADVENTIST
7777 F AIRVIEW AVE
BOISE, ID 83704"8418
Property Address: W CHERRY AVE
ST ALPHONSUS REG MED CEN INC
1055 N CURTIS RD
BOISE, ID 83706-1309
Property Address: 3250 W CHERRY LN
SUNBURST HOMEOWNERS ASSOC INC
3775 CASSIA ST
BOISE, ill 83705-2225
Propel1y Address: W CHERRY AVE
SUNBURST HOMEOWNERS ASSOC INC
3775 CASSIA ST
BOISE, ID 83705-2225
Property Address: W GEMSTONE DR
4
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Owners
Owner Addl"ess
THIBADEAU DANIEL S & SANDI M
PrO]lel"ty Address:
VANCE EDWARD J
Property Address:
WHITE CLARENCE L
WHITE BARBARA A
Property Address:
2997 W STEPHANIE CT
1740 N TEN MILE RD
1750 N TEN MILE RD
2997 W STEPHANIE CT
MERIDIAN, ill 83642-0000
1740 N TEN MILE RD
MERIDIAN, ill 83642-1148
1750 N TEN MILE RD
MERIDIAN, ill 83642-0000
5
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ADA COUNTY RECORDER J. L..J NAVARRO AMOUNT ,DO if
BOISE IDAHO 12/16/05 p....., PM "f 0
DEPUTV Vicki Allen \ ,) 1111111111I111111I111I111I11111 D 11111
RECORDED-REQUEST OF lnC'191~.o
Meridian City .;:.1.... .~ ...'''''
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This sheet has been added to document
to accommodate recording information.
DEVELOPMENT AGREEMENT
P ARTffiS: 1.
2.
3.
City of Meridian
Idaho Conference of Seventh-Day Adventists) lnc,. Owner
Hawkins Companies, Developer
THIS DEVELOPlvIENT AGREEMENT (this "Agreemenf'), is made and
entered into this /I-rl day of NoVehv~, 2005, by and between City of Meridian, a
municipal corporation of the State ofIdaho, hereafter called "CITY', and Idaho Conference
of Seventh-Day Adventists, Inc., an Idaho nonprofit. religious corporation, hereinafter called
"OWNER" and Hawkins Companies, hereinafter called "DEVELOPER".
1.
RECITALS:
1.1 WHEREAS, '~O\VNER" is the sole owner, in law and/or equity, of
certain tract ofland in the County of Ada, State ofldaho, 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. g 67-6511 A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owners-" 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 re-zoning of land; and
1.4 WHEREAS) "Owners" andlor "Developer" has submitted an
application for re-zoning of the "Property's" described in Exhibit A,
and has requested a designation of (C-G) General Retail District,
(Municipal Code of the City of Meridian); and
1.5 WHEREAS) "Owner)' and/or "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 "Properti' will be developed and what improvements will be
made; and
1.6 WHEREAS, record of the proceedings for the requested re-zoning
designation of the subject "Property" held before the Planning &
Zoning Commission, and subsequently before the City Council,
DEVELOPMENT AGREEMENT (RZ 05-008) W ALGREENS
PAGE 1 OF 11
include responses of government subdivisions providing services
within the City of Meridian planningjurisdiction, and received further
testimony and comment; and
1.7 WHEREAS, City Council, the 9th day of August, 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
1.8 'WHEREAS, the Findings require the "Owner" andlor "Developer"
to enter into a development agreement before the City Council takes
fmal action on re-zoning designation; and
1.9 "OWNER" and/or "DEVELOPER" deem it to be in their best
interest to be able to enter into this Agreement and acknowledge that
this Agreement was entered into voluntarily and at their urging and
requests; and
1.10 WHEREAS, "City" requires the "Owner" and/or "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 Agreement,
herein being established as a result of evidence received by the "City"
in the proceedings for re-zoning designation from government
subdivisions providing services within the planning jurisdiction and
from affected property owners and to ensure re-zoning designation is
in accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6,2002, Resolution No. 02-382, and the
Zoning and Development Ordinances codified in Meridian City Code
Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For aU purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
DEVELOPMENT AGREEMENT (RZ 05-008) W ALGREENS
PAGE 2 OF 11
3.1 "CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal COlporation and government
subdivision of the State ofIdaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 "OWNER": means and refers to Idaho Conference of Seventh-Day
Adventists, Inc., an Idaho nonprofit, religious corporation, , whose
address is 7777 Fairview Avenue, Boise, ID 83704, the party who
owns the said "Property" and shall include any subsequent owner(s)
of the "Property".
3.3 "DEVELOPER": means and refers to Hawkins Companies, whose
address is 8645 West Franldin Road, Boise, ill 83709, the party
developing said "Property" and shall include any subsequent
developer( s) of the "Property".
3.4 "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 Dismct) attached
hereto and by this reference incorporated herein as if set forth at
length.
4.
USES PERMITTED BY TIDS AGREEMENT:
4.1. The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (K) which are herein specified as follows:
Construction and development of either a conditional use permit or
a planned development application shall be submitted to the City of
Meridian prior to a future development in the C-G zone, and the
pertinent provisions of the City of Meridian Comprehensive Plan
are applicable to this RZ 05~008 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
DEVELOPMENT AGRBEJI.1ENT (RZ 05-008) W ALGREENS
PAGE 3 OF 11
/
'.
5.1 "Owner" and/or "Developer" shall develop the "Property" in accordance
with the following special conditions:
1. That no building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building, structure or land be established
or changed in use without a Certificate of Zoning Compliance (CZC).
2, That all future uses shall 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.
3. That all future uses on the Property shall be required to obtain a
.Conditional Use Permit prior to construction/operation, provided,
however, that the Findings attached hereto as Exhibit B find that the
requested C-G zoning designation and subsequent retail use with a drive-
through is consistent with the definition of the C-G zone.
4. That the hours of operation on this property shall be limited to 6 a.m. to
11 p.m" unless otherwise modified through a future Conditional Use
Permit.
5, That vehicular access to this site shall be restricted to those approved by
ACHD and the City, in accordance 'With the Findings.
6. COl\'1PLIANCE 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" ot"Owner" andlor "Developers" 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" bas complied with the notice and hearing procedures as
outlined in Idaho Code S 67-6509, or any subsequent amendments orrecodi:fi.cations thereof.
7.
CONSENT TO REVERSAL OF ZONING DESIGNATION:
"Owner" and/or "Developer" consents upon default to the reversal of the
zoning designation of the "Property" subject to and conditioned upon the following
conditions precedent to~'Wit:
7.1 That the "City" provide mitten notice of any failure to comply with
this Agreement to "Owner" andlor "Developer" and if the "Owner"
andlor "Developer" fails to cure such failure within six (6) months of
such notice.
DEVELOPMENT AGREEMENT (RZ 05~OD8) W ALGREENS
PAGE 4 OF 11
8. 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 vvritten approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
9.
DEFAULT:
9.1 In the event "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.
9.2 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.
1 O. REQUffiEMENT FOR RECORDATION: "City" shall record either a
memorandwn of this Agreement or this Agreement, including all of the Exhibits, at
"Owner's" and/or "Developer's" cost, and submit proof of such recording to "Owner" andlor
"Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with
the re-zoning of the "Property" by the City Council. If for any reason after such recordation,
the City Council fails to adopt the ordinance in connection with the re-zoning of the
"Property" contemplated hereby, the "City" shall execute and record an appropriate
instrument of release of this Agreement.
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance re-zoning the ''Property'' as specified herein,
12. 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.
DEVELOPM:ENT AGREEMENT (RZ 05~008) W ALGREENS
PAGE 5 OF 11
12.1 In the event of a material breach oftbis Agreement, the parties agree
that "City" and "Owner" and/or ''Developer'' shall have thirty (30)
days after delivery of notice of said breach to correct the same prior to
the non-breachiD;g party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Owner" and/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.
13. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certifiea. check or negotiable bonds. as
allowed under Meridian City Code 9 12-5-3, to insure that installation ofthe improvements,
which the "Owner" and/or "Developer" agrees to provide. if required by the "City".
14. 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" has entered into an addendum agreement
stating when the improvements will be completed in a phased developed; and in any event,
no Certificates of Occupancy shall be issued in any phase in which the improvements have
not been installed, 90mpleted, and accepted by the "City".
15. 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 subj ect to reversal of zoning if the owner or his assigns. heirs, or successors shall not
meet the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
DEVELOPMENT AGREEMENT (RZ 05~008) W ALGREENS
PAGE 6 OF 11
,/- .,
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
DEVELOPER:
clo City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Hawkins Companies
8645 West Franklin Road
Boise, ID 83709
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ill 83642
OWNER:
Idaho Conference of Seventh-Day Adventists, Inc.
7777 Fairview Avenue
Boise. ill 83704
Attn: Donald Klinger
with copy to:
Skinner Fawcett
P.O. Box 700
Boise, ID 83701
Attn: Henry Rudolph
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, ~ 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
DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS
PAGE 7 OF 11
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18, TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19, BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office, TIlls
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 Dr alienation of the "Property", or portions thereof,
except that any sale or alienation shall be subj ect 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
and reasonable discretion, had determined that "Owner" andlor "Developer" has fully
performed its obligations under this Agreement.
20, INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner" 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/or "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".
21.1 No condition governing the uses and/or conditions governing fe-zoning of the
subject "Property" herein provided for can be modified or amended without
the approval of the City Council after the "City" has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
DEVELOP:MENT AGREEMENT (RZ 05-008) W ALGREENS
PAGE 8 OF 11
/"
(
designation and/or amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREElVIENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with re- zoning of the "Property" and execution of the Mayor and
City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
DE;VELOPER:
~~~
I ~vrup..e/z,~~ ~4e-.vr-
OWNER:
ctJ~ 1'1\, (~( r:......'-<J~'f
IDAHO CONFERENCE OF SE NTII-DA Y
ADVENTISTS, INC., Owner
CITY OF lVIERIDIAN
Attest:
, e WEERD
~
b~ aft; Cotvu~ 12- -6 -oS-
-
-
STATE OF IDAHO, )
: ss:
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County of Ada, )
On this ~ day of ~, 2005, before me, the undersigned, a
Notary Public in and for said State, personally appeared ~ ( l~ (;... V'"~~
on behalf of Hawkins Companies, known or identifie to me to the
~ ~ed. ~~ d of said company, who executed the instrument on behalf of said
company, and ac" wledged to me that he executed the same,
IN WITNESS "WHEREOF, I have hereunto set my hand and a:ffixed my official
seal the day and year in this certificate first above written.
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STATE OF IDAHO, ..,......
: ss:
County of Ada, )
On this;23rd day of No\J~ 2005, before me, ~e undersigned, a
Notary Public in and for said State, pe~sonally appeared ~ A I K/ I t\51!("
on behalf ofIdaho Conference of Seventh-Day Adventists, Inc., known or identified to me to
be the SlZ.C-( e..ht ~ of said corporation, who executed,the ins1rum.ent on behalf
of said corporation, ana acknowledged to me that he executed the same.
Notary Public fi Id 0
Residing at:
My Commission Expires:
rn WITNESS WHEREOF. I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS
PAGE 10 OF 11
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STATEOFIDAHO )
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County of Ada )
On this ~+~ day of ~~1fl..bvU ,2005. before me, aNotary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr" 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)
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DEVELOPMENT AGREEMENT (RZ 05-008) W ALGREENS
PAGE 11 OF 11
EXHIBIT A
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Walgreens on Ten Mile Road
RZ-OS-008
Legal Descl'iption
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SURVEY
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Proj~ct No. 05.013
April 15, 2005
DESCRIPTION FOR
TEN MIl.E AND CHERRY LANE PARCEL RE..zONE
HAWKINS COMPANIES
A parcel of land located in lhe SW1/4 of fue SW1/4 of Section 2. T.3N.. R.1W..
8.M., Meridian, Ada County, Idaho more pa rtlcular1y described as follow~
BEGINNI~G a1 the SW comer safd Section 2:
thence along thB West boundary line of said Stlcllon 2 North 00019'07" East.
345.50 feet; .
thence leaving Ilald East boundary Una South 88038'31" East, 317.~O feet;
lhMI:e South 00"19'07" West. 50,00 feet;
thence South a8038'31" East, 100.00faat;
thence South 00"19'07" West, 295.50 feel to a point on the South bDundary Une
of said SeGtion 2;
thence alang the SouttJ boundary Ilna of said Sactlon 2 NoHh 68038'31" West,
417,50 feet 10 1he REAL POINT OF BEGINNING, containing 3.20 acres. more or less,
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Gregory G. Carter, P.L.S.
S;\lSGPIllJ~___1o:; 1"",,11e (1lS-1l1A~t:lolxJ~tSiZONltlGOesC.dO';
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter Df a Request fO!' Rezone of 3.2 Acres from R-4 to C~G AND Conditional Use
Permit Approval for a New 14,490 Square~Foot RetailJPharmacy Building 'With Two Drive-
Through Lanes, by Hawkins Companies.
Case No(s). RZ-05-008, CUP-05~029
For the City Council Bearing Date of: AUgllst 9, 2005
A. Findings of Fact
1. Hearing Facts
a. . A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing, All other noticing was done consistent with Idaho Code ~67-
6509.
The matter was dilly considered by the City Council at the August 9, 2005, public
hearing(s). The applicant~ affected property owners, and government subdivisions .
providing services within the planning jurisdiction. of the City of Meridian were
given full opportunity to express comments and subnrit evidence.
b. Written and oral te~timony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
d. The City Council heard and took oral and i.Vritten testimony and duly considered the
evidence and the record in this matter.
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2. Process Facts
a. There has been compliance with all notice and hearing requireri1ents set forth in
Idaho Code g67-6509, 6512, and Meridian City Code *~ 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, Application and Property Facts
CITY OF MERIDlAN FlNDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). nz.05-004, CUP-05.0 12 . PAGE 1 of 4
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a. In addition to ilia application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings is the Idaho Conference of Seventh~day Adventists) Inc.
4. Required Findings per Zoning and Subdivision Ordinance
a, See Exhibits E and F for the findings required for each tyPe of application.
B, Conclusions of Law
1. The City of Meridian shall ex.ercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67~
6503).
2. The Meridian City Council takes judicial notice of its Zoning) Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code) and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City ofMeridiaI4 which was
adopted August 6) 2002, Resolution No. 02~382 and Maps.
3. The 'conditions shall be reviewable by th~ City Council pursuant to Meridian City Code
~ 11-17~9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with tills Decision~ which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning :Department,. the Public Works Department and
any affected party requesting notice.
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7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan Dated
June 7, 2005 as shown in Exhibit B, and Conditions of Approval in Exhibits C and D.
C. Decision and Order
Pursuant to the City Councirs authority as provided in Meridian City Code 9 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's rezone as evidenced by having submitted the Survey and Legal
Description in Exhibit A is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated June 6,
2005 is hereby conditionally approved; and.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S). RZ-05-004, CUP905-012 - PAGE 2 of4
3. The site specific and standard conditions of appl'oval ar~ as shown in Exhibits C and D.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shan be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit hold.er must comm'ence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for fue project. If the completion date specified for the project is exceedec4 the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. Forprojeots with multiple
phases! the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous s!3gments or multiple phases, such
phases shall be con.s1:mcted within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals! the conditional approval of the future phases shall be nulllUld void.
(MCC 1l-17-4.B.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty~eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toU the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code 9 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 deoision and order seek a judicial review as provided by Chapter 52) Title 67, Idaho
Code. .
F. Exhibits
Exhibit A: Legal Description
Exlribit B: Approved Site Plan
Exhibit C: Rezone Comments
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CITY OF MB'RlDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DEcrSION & ORDER
CASE NO(S). Rz...05.004, CUP-05.012 - PAGE 3 of4
Exhibit D: CUP Conditions of Approval
Exhibit E; Zoning Amendment Findings (Rezone)
Exhibit F: CUP Findings
By action of the City Council at its regular meeting held on the qih. day of
AUWhk" ,2005.
COUNCIL MEMBER SHAUN WARDLE
VOTED \ lill--
COUNCil.. MEMBER CHRISTINE DONNELL
VOTED ~
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED '~-"
COUNCIL MEMBER KEITH BIRD
VOTED L U'J...
CI
MAYOR TAM1vIY de WEERD
(TIE BREAKER)
VOTEn
Att~st:
and t Attomey.
By; ~ ~ J,.JY""I
City Clerk's Office
Dated: g~ \l.05
CITY OF MERIDIAN FmPINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &. ORDER
CASE NO(S). RZ-OS.004, Cup.OS-0l2 - PAGE 4 of 4
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EXHIBIT A
Walgl"eens on Ten Mile Road
RZ-05-008 .
Legal Desc:dption .~
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Project No. 05-013
April 15, 2005
DESCRIPTION FOR
TEN MILE AND CHERRY LANE PARCEl.. RE-ZONE
HAWKINS COMPANIES
A parcel Qf land located in the SW1/4 orthe SW114 of Section 2, T.3N.. R.1W"
8,M.. Meridian. Ada County, Idaho more parUclJlarly described as follaw$:
BEGINNI~G at the SW comer said Sedion 2:
ihenG6 arong U)G West boundal')' Iina of said Section 2 Nonh 00"19'01" Ea~t,
345.50 feet; .
thence leaving said East boundary line South as"SB'31h East. 317.50 feet;
thence South 00.19'07" West, 50,00 feal;
thence Soulh 88"36'31" East. 100.00 feet;
thenGe South 00"19'07" West, 295.50 feel to a point on the South boundary line
01 said SecUol'I 2;
thence along the Soutt! boundary line of said Section 2 North 88038'31" West,
417.50 feet to the REAL POINT OF BEGINNING, containing 3.20 acres, more or less.
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Gregory G. Cartar, P .L.S.
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EXHIBlTB
Walgreens on Ten Mile Road
CUP-05~029
A,pproved Site Plan
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EXHIBIT C
Wa.1greens on Ten Mile Road
RZ-OS-008
Rezone Comments
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Recommended deletions are striketbroughs and additions are in bold and underlined.
ZONmG AMENDlvffiNT C01v1MENTS (Rezone)
1. The subject property is within. the Urban Services Planning Area. The Public
Works Department has confumed that the submitted legal description meets the
requirements of the City of Meridian and the Idaho State Tax Commission.
2. Prior to the rezone ordinance approval, a Development Agreem.ent (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
Citx Attorney. Bill Nary. at 888-4433 to initiate this process. The DA shall
incorporate the following:
. That no building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building, structure or land be established or
changed in use without a Certificate of Zoning Compliance (CZC).
. That all future uses shall not involve uses, acti.vities~ processes, materials,
equipment and con.ditions 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.
. That all future uses on the property shall be required to obtain a Conditional
Use Permit prior to construction/operation.
. That the hours of operation on this property shall be limited to 6 a.m. to .:f.9-11
p.m., unless otherwise modified through a future Conditional Use Pennit.
. That vehicular access to this site shall be restricted to those approved by
ACHD and the City.
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EXBIBITD
Walgreens on Ten Mile Road
CUP-OS~029
CUP Conditions of Approval
SITE SPECIFIC CONDITIONS
1. The site plan prepared by Hawkins Companies, labeled ill 692E LE-~, dated €J-:l-
Go}. 7-26-05 is approved as submitted, The landscape plan prepared by South
Landscape Architecture, P .C., labeled L-1.0, dated 3-11 ~05 is not approved as
submitted. With the Certificate of Zoning Compliance (CZC) application, submit
a re,ised site plan and a revised landscape plan that show the requested rigb.t~of-
way dedication and reflect the other changes noted in the conditions below.
2. Prior to issuance of a Certificate of Zoning Compliance (CZC) for this site, the
applicant shall submit written dooumentation that includes consent from the
property owner to the north (currently Vance) to construct an off-site driveway to
Ten Mile Road. Documentation providing reciprocal cross-access for bo1h
property owners to use said driveway shall also be provided. Further, the
applicant shall approach the other property owner to the north (parcel No.
81202336314) about removing the southern driveway they have to Ten Mile
Road and utilizing the proposed shared driveway as well. If the proposed shared
driveway to the north does not get built for any reason, an all weather access road
must still be maintained to provide access for City of Meridian maintenance crews
to the well house.
3. The submitted landscape plan prepared by South Landscape Architecture, P. C.,
dated 3-11-05 is not approved as submitted. The applicant should submit 10 full
size copies and one 8.5" x 11" copy of a revised landscape plan to the City Clerk
at least 10 days prior to the City Council hearing. The following modifications
should be included in the revised plan:
11. Construct a 2S~foot wide landscape buffer along Ten Mile Road and
Cherry Lane, located entirely outside of the right-of-way. The
sidewalk for Cherry Lane and Ten Mile Road may not be counted as
part of the landscape bufferwidth.ln accordance with MCC 12-13-10,
install one tree within. said buffer for every 35-feet of frontage on the
Cherry Lane and Ten Mile Road. '.
b. Construct a 25~foot wide landscape buffer along the east property line.
The easternmost edge of the driveway to Cherry Lane shall bo located
a minimum. of 2S~feet from the east property Hne, and not encroach
into the landscape buffer. Said buffer shall contain materials in
accordance with MCC 12-13-12-3.
c, Replace the eJci~~g wood. fence along the east property line and
construct a ~i!ff(l'ot.taUCIVf:Qy;ram as proposed. Construct a four-foot
tall eMU wall along the north landscape planter, as propo~ed.
Exhibit D
d. Construct a M-9- foot wide landscape buffer with trees and shrubs
between the retail use and the existing home to the north., as proposed,
Said landscape buffer is approved with alternative compliance,
e. Construct internal planter islands within the parking area to prohibit 13
or more continuous parking stalls. Each interior planter shall be
landscaped with at least one tree and shall be covered with low shrubs,
law~ or other vegetative groundcover{MCC 12-13-11"3).
f. Construct a minimum 5~foot wide landscape strip from the north
property line and the drive aisle (adjacent to the City well lot). Plant a
minimum of one tree per thirty-five feet and shrubs, lawn, or other
vegetative groundcoverwithin said landscape strip (MCC 12-13-11-2).
g. The applicant shall work with the City ATbonst, Elroy Huff, on
designing, adopting, and implementing a protection/mitigation plan for
the existing trees on site.
h. The applicant shall construct additional screening for the White
property to north, including a 4~foot fence along the southern property
line of the White property (Parcel No. S 1202336314), as proposed.
4. The area sho'Wn for future development on the submitted site plan shall be
maintained tree of combustible yeg-eta.ti.cn (weeds). Improved with erass until
further use is determined. This future pad site does not currently have its own
lot and a di'<lision of the property will be required prior to issuance of a building
permit for a second 'principal structure on this site.
5. No signs are approved with this CUP application. All business signs require a
separate sign permit in compliance with the sign ordinance. All signage shall be in
accordance with the standards set forth in this report and Section 11-14 of the City
Zoning and Development Ordinance.
6. Meridian City Code requires that this site be served with a pressurized,
underground irrigation system. Use of non-potable irrigation water is required
when determined to be available by the City Public Works Department as
regulated by MCC 9.1-28. If a creek or well source is not available, a single-
point connection to the municipal water system shall be required. If a single-point
connection is used, the developer shall be responsible for the payment of
assessments for the irragable common areas prior to signature on the :final plat by
the Meridian City Engineer.
7. At the public heating, the applicant shall update the C01U1l1ission on the outcome
of the meeting with the Meridian Police Department regarding means of
increasing visibility to the drive-through facility.
8, Sanitary sewer service shall be from the city of Meridian's existing systems
adjacent to 1;11e site. Upgrading of existing service lines may be necessary to
provide a level of service different from the current church uso. The future pad
site is being shown to be served by a stub from an exis~g main in W. Cherry
-2-
Lane. No sewer main exists at this location. The applicant will be required to
install any new mains that may be required to provide service. The applicant shall
coordinate main sizing and routing~ for any needed main~ with the City of
Meridian Public Works department, or submit detailed design plans for how the
applicant proposes to service the future pad site with sewer,
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Exhibit D
9. Water service to this site is being proposed via an extension of service lines from
water mains located in the private drive abutting the north side of this project.
The applicant shall construct any water mains necessary to service this proposed
development. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service. Coordinate main
size and routing 'With Public Works.
10, Any future change of use on the property shall require conditional use permit
approval.
11. Comply with the conditions and comments of all City Departments, and other
agencies.
12. 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 ilie amount of 110% oftbe cost of the required improvements (including
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.
13. If construction has not begun within 18 months of City Council approval, anew
conditional use pemrit must be obtained prior to the start of development.
14. Outside lighting shall be designed and placed in such a manner as to eliminate
glare and illumination of the adjoining roadways and properties, in aocordance
with City Ordinance Section 11-13-4.C.
15. A drainage plan designed by a State ofIdaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 1 0-1 ~91) for all
off-street parldng areas. Storm water treatment and disposal must be designed. in
accordance with Department of Bnvironmental Quality 1997 publication Catalog
of Storm Water Best Management Practices for Idaho Cities and Counties aild
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 Inj ection Wells.
. 3 ~
Exhibit D
16. Applicant's (or successor's) failure to comply with any of the tenus of approval
of the conditional use pennit shall be cause for revocation of the conditional use
permit.
OTHER AGENCY COMMENTS & CONDITIONS
MERIDIAN PUBLIC WORKS DEP ARTMENr
1. All development improvements, including but not limited to sewer', fencing,
micro-paths, pressurized irrigation and landscaping shall be installed. and
approved prior to obtaining certificates of occupancy.
2. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior
to signature on the final plat per Resolution 02-374.
3. It shall be the responsibility of the applicant to ensure that all development
features comply with the Americans with Disabilities Act and the Fair Housing
Act.
4. Applicant shall be responsible for application and compliance with and NPDE8
Permitting that may be required by the Environmental Protection Agency.
5. Applicant shall be responsible for application and compliance with any Section
404 Permitting that may be required by the Army Corps of Engineers.
6. All grading of the site shall be performed in conformance with MCC 11-12-3H.
7. Compaction test results shall be submitted to the Meridian Building Department
for all building pads receiving engineered backfill, where footing would sit atop
fill material.
8, Any existing domestic wells and/or septic systems within this project shall be
removed from domestic service per City Ordinance Section 9-1-4 and 948.
Wells maybe used for non-domestic pwposes such as landscape inigation.
9. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12~4-13. Plans shall 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 shall be
reviewed and approved by the meridian City Engineer prior to final plat signature.
n10. Please submit all updated groundwater/soils monitoring data to the Public Works
Department for review. Any drainage areas (detention/retention basins) must be
designed to ensure that water is retained only during 100-year stonn events, and
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Exhibit D
for a period of time not to exceed 24 hours. Side slopes within. drainage areas
shall not exceed 3; 1. Any portion of a drainage area not improved with sod! grass
seed (or other approved landscaping) shall not count towards the requited open
space area. The project engineer should pay close attention to the results of field
studies determining the groundwater, soil type & and characteristics during the
design and construction phases. The engineer shall be required to certify that the
street centerline elevations are set a m.inimum of 3-feet above the highest
established normal groundwater elevation. This is to ensure that the bottom
elevation ofthe crawl spaces of homes is at least I-foot above.
I L One hundred watt, high-pressure sodium streetlights shall be required at locations
designated by the Public Works Department. All streetlights shall he installed at
subdivider's expense. Typical locations are at street intersections and/or fire
hydrants. ,Final design locations and quantity are detennined after power designs
are completed by Idaho Power Company. The street light contractor shall obtain
design. and permit from the Public Works Department prior to commencing
installations.
MERIDIAN PARKS DEPARTMENT
1. Standard for Mitigation of trees: The ;::tandard established in the City of Meridian
Landscape Ordinance (1'v1CC 12-13-13-6) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13~13) will be
followed.
MERIDIAN FIRE DEPAR1MBNT
1. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing,
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec. '.
d, wcations with. fire hydrants shall hllve the curb painted red. 10' to each
side of the hydrant location.
e. Fire Hydrants sball be placed on comers when spacing permits.
f. Fire hydrants shaH not have any vertical obstructions to outlets witbin 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFe
Section 509.5.
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Exhibit D
3. All entrance and internal roads shall hav~ a turning radius of 28' inside and 48'
outside radius.
4, An common driveways shaH be straight 01' have a turning radius of 28' inside and
48' outside and shall have a clear driving surface which is 20' wide.
5, Provide a 20' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix D Section Dl 03.6 Signs.
6. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation.
7, Fire lanes and streets shall have a vertical clearance of 13'6". This includes
mature landscaping,
8. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site.
9. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed per Appendix D.
10. The office/commerciallots lot will have an unknown transient population and will
have an. unknown impact on Meridian Fire Department call volumes. The Meridian
Fire Department has experienced 2612 responses in the year 2004. According to a
report completed by Fire & Emergency Services Consulting Group our requests for
service are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
11, Maintain a separation of 5' from the building to the dumpster enolosure.
12. Provide a Knoxbox entry system. for the complex prior to occupancy.
13. All aspects of the building systems (including exiting systems), processes & storage
practices shall be required to comply with. the International Fire Code,
14. Provide exterior egress lighting as required by the International Building & Fire
Codes.
15. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved autott'1.aUc
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
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Exhibit D
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m),
b, For buildings equipped throughout with an approved automatic splink1er
system installed in accordance with Section 903.3.1.1 01' 903.3,1.2, the
distance requirement shall be 600 feet (183 m).
16. There shall be a fire hydrant within 100' of all fire department connections.
17. This project has no fire department concerns.
:MERIDIAN POllCE DEPARTMENT
1. The proposed drive through has limited visibility from a public street. Prior to the
next public hearing, the applicant ~hall meet with the Police Chief to disc'USs
methods of increasing visibility to the facility.
SANITARY SER.VICES COMPANY
1. Please contact Bill Gregory at sse (888~3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application.
NAMPA & MERIDIAN lRRIGATION DISTRICT
1. Nampa & Meridian Irrigation District has no facilities that will be impacted by
tbis proposed project. If aU stOlID drainage is retained on-site there will be no
impaot on Nampa & Meridian Irrigation District and no further review will be
required. However, if any surface drainage leaves the site, tbe Nampa & Meridian
Irrigation District requires that a Land Use Change Application is filed foX' review
prior to final platting.
2. All laterals and waste ways must be protected.
3. The developer must comply with Idaho Code 31~3805.
4. It is recommended that irrigation water be made available to all developments
within the Nampa & Meridian hrigation District.
SBTILERS' lR.R.IGATION DISlRICT
1. All irrigation/drainage facilities along with their easements must be protected and
continue to function. The facility involved is the Settlers Canal (40' easement)
located along the south boundary of the property.
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to constrnction of any
S.1.D. facilities, or within its easements.
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Exhibit D
4. Any changes to the existing irrigation system such as relocatio1l, tiling, and
landsoaping must be approved by Settlers Irrigation District.
5. All storm drainage must be retained on~site,
AnA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS OF APPROVAL
1. Dedicate 54-feet of right-of-way from the centerline ofTen:Mile Road abutting
the parcel by means of a wan'anty deed. The rlght-of~way purchase and sale
agreement and deed must be completed. and signed by the applicant prior to
issuance of a building permit (or other required permits). Allow up to 30 business
days to process the right-of-way dedication after receipt of all requested material.
The owner will be paid the fair market value of the right.of-way dedicated which
is an addition to existing ACHD right-of-way if the OWfier submits a letter of
application to the impact fee administrator prior to breaking ground,
Compensation will be non-impact fee eligible.
OR
The applicant may dedicate 48-feet from centerline and provide a 6-foot wide
sidewalk/utility easement beyond the 48~feet.
2. Dedicate 6-foot of right-of-way from the existing right-of.way line abutting the
parcel by means of a wmanty deed. The rigb.t.of~way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
issuance of a building pennit (or other required permits). Allow up to 30 business
days to process the right-of-way dedication after receipt of all requc::sted material.
The owner will be paid the fair market value of the right-of-way dedicated which
is an addition to existing ACHD rigbt-of~way if the owner submits aJetter of
application prior to breaking ground. Compensation will be non-impact fee
eligible.
OR
The applicant may provide a 6-foot wide sidewalklutility easement in lieu of
right-of-way.
3. Construct a 24 to 30-foot wide curb return right-:inlright-out driveway on Cherry
Lane located at the west property line. Constroct a median in Cherry Lane from
Ten Mile Road to a point approxiri:t.ately 50-feet east of the driveway. The
median should be constructed to restrict this driveway, but should not interfere
with the full access mQvements of the driveway to the south atJ.d east. The
driveway may shift westward, no more than 50-feet, to provide a larger buffer to
the residence to the east.
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Exhibit D
4. Construct a 30 to 35-foot wide curb return. driveway on Ten Mile Road located at
the north property line as proposed; provided that the adjoining properly owner
(Vance) has agreed to a portion of the driveway being oonstructed on his property.
Submit written documentation from that owner for consent and Cl'OSS access. If an
agreement is not reached with the adjacent owner, then the driveway will need to
be shifted to the south and the applicant \vill need to submit revised drawings and
the driveway location and function will need to be re-evaluated.
5. Close any curb cuts or driveways that have not been approved with this
application, with curb, gutter and sidewalk to match existing improvements,
STANDARD CONDmONS OF APPROVAL
1, Any existing irrigation facilities shall be relocated outside of the right-oi-way.
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6. Comply with aU Standard Conditions of Approval.
2. All utility-relocation costs associated vvith improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District, Contact the District~ s Utility Coordinator at
387~6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements.
Construction Services procedures and all applicable ACHD Ordinance~ unless
specifically waived herein. An engineer registered in the State of Idaho 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 aU
applicable requirements oftbe 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 #200. also known as Ada County Highway District
Road Impact Fee Ordinance.
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Exhibit D
9. It is the responsibility of the applicant to verify atl existing utilities witlrin 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 oftbis 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 confumation of
any ch~ge 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 applicatio~ 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.
N 10 ~
EXHIBIT E
Walgreen9 on Ten Mile Road
RZ-OS.008
Zoning Amendment Findings (Rezone)
STANDARDS FOR ZONING .A1\{ENDMENTS
The Commission and Council shall 1'eview the particular facts and circumstances of
each proposed zoning am.endment in terms aftbe following standards and shan find
adequate evidence answering the following questions about the proposed zoning
amendment (11~15~1l):
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;
City Council :finds that the 2002 Comprehensive Plan Future Land Use Map
designates the subject property as "Public/Quasi-Public." Public~ Quasi-Public,
and Open Space areas are designated to preserve and protect existing private,
municipal, state, and federal lands for area residents and visitors (page 99,
Comprehensive Plan). However, the Comprehensive Plan was recently amended
with Resolution No. 04.454~ which states that upon redevelopment of properties
designated for public, quasi-public, 811d open space, a change in designation and
use may be appropriate. The redevelopment of these areas should be guided by
the intensity of the existing use, the underlying zoning of the property, the
surrounding land uses, the location of the property, and transportation issues
associated with the proposed development of the property. The appropriate land
use designation and accompanying zoning for these areas will be determined by
City Council on a case by case basis.
While the ComprehetlSive Plan Future Land Use Map does not explicitly support
a commercial zoning of this property, City Council finds that there are several
Comprehensive Plan policies that support evaluating this site for a zone not
specifically envisioned by the Map (see below).
"The Meridian Comprehensive Plan is an official policy guide for
decisions concerning the physical development of the community.. It
indicates, in a general way, how the community may develop in. the next
five to ten years." (Chapter I, Section B of the Comprehensive Plan)'
Furthermore, in Chapter VII, Section C, "Future Conditions" states the following:
''Figure VlI.2 [The Comprehensive Land Use Map] depicts desired future
land use categories and their location within the Impact Area. The ateas
depicted on the map are conceptual and, therefore, will require further
analysis prior to the creation of a zoning map,"
Exhibit E
City Council believes "that the public/quasi-public designation was placed on tlUs
property in 2002 when the Comprehensive Plan was adopted because it was
functioning as a church. TIle Comprehensive Plan did not Oli.gi.nally anticipate any
churches redeveloping with non~public!quasi-public uses; Resolution No, 04-454
does accommodate for redeveloping churches. Further~ the other three comers of
the Ten lVlile Road/Cherry Lane intersection have developed with non-residential
uses. Due to the development patterns of the. surrounding area, City Council
believes it would be appropriate to extend the commercial designation from the
southwest (Albertson's) to this propeliy. City Council further finds that a
commercial zone/use could harmoniously co.exist with the residential uses to the
north and east as well as the commercial uses to the south) west and southwest.
However~ due to the close proximity of the single-family homes, City Council is
recommending that any future use on this site be required to obtain CUP approval.
The applicant has requested C-G zoning (General Retail and Service Commercial
District) for this property. The purpose of the C-G zone is to 'I.provide for
commercial uses which are customarily operated entirely or almost entirely within
a building; to provide for a review of the impact of proposed commercial uses
which are auto and service oriented and are located in close proximity to major
highway or arterial streets; to fulfill the need of 1ravel-related services as well as
retail sales for the transient and permanent motoring pub1ic.'~ MCC 11-7-2 City
Council finds that the requested C-G zoning designation and subsequent retail
use with a drive-through is consistent with the definition of the zone.
City Council believes that the quasi-public area that will be converted to
comm.ercial with the approval of this application will be relocated to Black Cat
Road where the church intends to construct a new building. The church has
submitted an annexation application to the City requesting that 5 acres of land
located on Black Cat Road, south of Cherry Lane, be annexed and zoned to L~O
for a new church (AZ~05~024). City Council believes that if both zoning
amendments are approved, the designated public/quasi.public area designated on
the Future Land Use Map for this site will be preserved, just in an area
approximately one mile to the west.
City Council also finds the following Goals, Objectives, and Action items
contained in the 2002 Comprehensive Plan to be applicable to tlris application
(analysis is in italics below policy):
. "Restrict curb cuts and access points on collectors and arterial streets."
(Chapter VII, Goal IV, Objective D, Action item 2)
On the submitted site plan. the applicant is proposing direct access to Cherry
Lane and Ten Mile Road, both arterial streets. The ACHD has tentatively
approved a right-in/right-out only access to Cherry Lane and a fUll access to
Ten Mile Road. The full access approval to Ten Mile Road is conditioned on
3
Exhibit E
the applicant obtaining consentfrom the property owner to the north (Vance)
to construct a portion afthe driveway on his property. See comments from
ACED forfurther analysis.
.0 t'Require appropriate landscape and buffers along transportation corridors
(setback, 'VegetattonJ low walls, berms, etc.).>! (Chapter VII, Goal N,
Objective D, Action item 4)
By City Ordinance, a 25-foot wide landscape buffer is required adjace1~t to
Cheny Lane and Ten Mile Road (MCC 12-13-10-4. Twenty-fivefoot wide
bl{/fers, exclusive alright-of-way, should be constructed adjacent to the
arterial streets.
. "Require all commercial businesses to install and maintain landscaping,"
(Chapter V, Goal ill, Objective D, Action item 5)
In order to operate a commercial business on this site, the applicant will be
required to construct landscaping along Ten Mile Road, Cherry Lane,
adjacent to the single:family residences. and internally, The applicant has
asked for an alternative to compliance with the standard 25-foot wide
landscape buffer requirement to the north.
. t'Require that development projects have planned for the provision of all
public services" (Chapter VII, Goal ill, Objective AJ Action items 1 and 4)
On May 27, 2005} ajoint agency/department comments meeting was held with
representatives of key service providers to this property. In that meeting no
deficiencies of public services to serve this property were raised.
. I~lan for a variety of commercial and retail opportunities within the Impact
Area," (Chapter VII, Goal 1 , Objective B)
City Council believes that the proposed zone does contribute to the variety of
uses in this area.
City Council finds that the new zoning to C-G can be: harmonious with and in
accordance with the Comprehensive Plan. as amended by Resolution No. ' 04-
454, if the apolicant enters into a development agreement ana all the
conditions of approval for the concurrent conditional use pennit are complied
with,
B. Is the area included in the zoning amendment intended to be re-zoned in the
future;
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Exhibit E
City Council finds that the proposed re~zone and accompanying development
plans generally comply with the requested zone and City Council does not
anticipate that the property will be rezoned in the future.
c. Is the area included in the zoning amendment intended to be developed in the
fashion tbat would be allowed under the new zoning-for example, a
residential area turning into a commercial area by means of conditional use
permits;
Retail uses are principally permitted (allowed) in the requested C-G zone,
However, drive-inJdrive-through establishments require CUP approval in all
commercial zoning districts of the City (MCC 11-8-1). City Council finds that the
applicant has concurrently submitted. detailed development plans for a
Conditional Use Permit for the proposed dual drive-through lanes with the rezone
request. City Council further fin.ds that the proposed retail use with a drive-
through will only be allowed with the approval of the requested CUP (CUP-OS-
029).
D. Has thel'e been a change in the area or adjac.ent 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 similar to the proposed rezone area;
The arterial streets adjacent to this site have been widened to five lanes adjacent
to this site. Ten Mile Road, from Franklin Road to Ustick Road, is currently
within ACHD's Five-Year Work Program for reconstruction. City Council finds
that the other three comers have been developed in a fashion similar (non-
residential) to the proposed development. Further) the recent annexation and
zoning of several residential subdivisions in this area have made the current
church building too small for the growing congregation. City Council finds that
these factors dictate that the subject property be rezoned and developed
commercially.
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 char2cter of the same area;
City Council has included conditions related to design, construction) operation
and maintenance that City Council believes will allow the proposed use(s) to be
consistent with the existing character of the general vicinity. City Council
believes that the character of the area will change with the approval of the subject
applications; however) City Council believes that the change is appropriate.
F. Will not be hazardous or disturbing to ensting or future neighboring uses;
5
Exhibit E
City Council finds that a 24-hour drive-through pharmacy may be disturbing to
the existing residents in the area, However, if landscape buffers and access points
are insta1led~ and the hours of operation are limited, City Council finds that the
requested rezone and subsequent commercial uses and drive~tbrough should not
be disturbing to the existing or future neighboring uses. To ensure that any future
use on this site will not be hazardous or disturbing> any future change of use on
the property will also require conditional use permit approval~ and adjoining
property owners will have an opportunity to comment.
G. Will be served adequately by essential public facilities and services such as
highways, street, pollee, and fire protection, drsdnage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed conditional llse shall be able to provide adequately any such
service;
On May 27,2005, a joint agency/department comments meeting was held with
representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received from
agencies/depEUtments~ City Council finds that the public serviceo$listed above can
be made available to accommodate the proposed developm.ent.
Sanitary sewer and water are currently available to this site. Watermains are
located in both Ten Mile Road, and W. Cherry Lane. Sewer mains are located in
N. Ten Mile Road. The applicant andlor future property ovvners will be required
to pay any applicable park and highway impact fees as well as construct on-site
storm water drainage facilities.
City Council finds that the proposed uses can be adequately served by all essential
public services and facilities.
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
City Council finds that the requested zoning/uses will not create excessive
additional requirements at public costs for public facilities and services.
Additionally, City Council finds that the proposed rezone would not' be
detrimental to the economic welfare of the community.
1. Will not involve uses, activities, processes, materials, equipment, and
conditions that will be detrimental to any persons~ property, or general
welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
If the subject rezone application is approved) the applicant intends to construct a
retail building with a drive~through and a future retaillbank building on this site.
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Exhibit E
Based on the traffic impact study prepared for this development, the site is
anticipated to add 1,115 new vehicle trips to the road network at full build out.
City Council finds that the proposed use and zone will generate additional traffic
on adjacent roadways above and beyond the existing church. City Council
recognizes that traffic and noise will increase with the approval of this
development; however, City Council does not believe that the amount generated
will be detrimental to the general welfare of the public.
City Council does not antioipate the proposed zone and subsequent use(s) will
create excessive noise. smoke, fumes, glare, or odors. If all conditions of approval
are complied with, City Council finds that the proposed zoning/use should not be
detrimental to people, property or the general welfare of the area.
J. Will have vehicular approaches to the property which shall be so designed as
not to create an interfel'ence with traffic on surrounding public streets;
On June 8, 2005, the ACHD Board of Commissioners approved two vehicular
access points for this site. Although neither of the access points meets the
Distriot's policy for location, the Board approved a right-inlright-out driveway to
Cherry Lane and a full access driveway to Ten Mile Road. City Council finds that
the approved vehicular approaches to the property should not interrere with
general traffic patterns on the adjacent public streets. Please refer to the ACHD
report for more details on access to this property.
The proposed site plan shows two drive-through lanes and an escape lane on the
east side of the proposed building. City Council is supportive of the layout for the
proposed drive-through lanes and proposed traffio flow pattern for this lot, as
stacking vehicles should not interfere with internal traffic flows or traffic flows on
the adjacent streets.
K, Will not result in the destruction, loss or damage of a natural or scenic
feature of major hnportance.
City Council is unaware of any natural of scenic features ofmajor importance on
this site and finds that no natural or scenic features of major importance will be
lost or damaged by approving the rezone application.
L. Is the proposed zoning amendment in the best interest of the City;
In accordance with. the findings listed above, City Council finds that the proposed
zorn!! g of this propertY.. would be in the best interest of the City:.
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EXHIBIT F
Walgreens on Ten Mile Road
CUP"05~029
CUP Findings
STANDARDS FOR CONDITIONAL USES
The Co.mtni.ssion and Counell shall review the particular facts and circumstances of
each proposed conditional use in terms of the following, and may approve a
conditional use permit if they shall find evidence presented at the hearing{s) is
adequate to establish (1l~17w3):
A. That the site is large enough to accommodate the proposed use and aU yak'"ds,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
AU proposed building setbacks meet the minimum standards outlined in Titles 11)
Meridian City Code.
City Ordinance requires one (1) off-street parking space per 200 square feet of
retail use. The proposed retail building is 14,490 square feet. Thus, the project
requires seventy~two (72) spaces for the retail use; 80 spaces are proposed.
The required landscape buffer between the proposed retail use and the residences
to the north and east is 25-feet. A 25-foot wide buffer is proposed to the east.
Meridian City Code requires that within three (3) years, sixty percent (60%) or
more of the vertical surface is closed and prevents the passage of vision through
it. The applicant is requesting alternative compliance to the required landscape
buffer to the north. The applicant originally proposed to retain the wood fence
along the east boundary. At the neighborhood meeting, an adjacent. neighbor,
stated that the three residences to the east would prefer to have a eMU wall. The
applicant has agreed to replace the existing wood fence and construct a eMU wall
along the east property line, up to the well lot.
City Council finds that the subject property is large enough to accommodate the
required yards (setbacks), open spaces, parking, landscaping and other features
required by the ordinance for retail uses. However, the applicant is requesting
alternative compliance for the land use buffer to the north.
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;
Please see Standards for Zoning Amendment "A". The proposed site plan shows
two drive-tbrougb.lanes and an escape lane On the east side of the proposed
building. City Council is supportive of the layout for the proposed. drive~tbrough
Exhibit F
lanes and proposed traffic flow pattern for this lot, as stacking vebicles should not
interfere 'With internal traffic flows or traffic flows on the adjacent streets, City
Council finds that if the applicant complies with all conditions of approval noted
in this report) the development will be harmonious with the Me:ddian
Comprehensive Plan and in accord with the l'equirements oillie Zoning
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 of the sam.e area;
Please see Standards for Zoning Amendment "A".
D. That the proposed uset if it complies with. aU conditions of the approval
imposed, will not adversely affect other property in the vicinity;
If the applicant complies with all conditions of approval, City Council does not
anticipate that the proposed development will have an adverse impact on other
property in the vicinity,
E. That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establi9hment of proposed conditional use shan be able to provide
adequately any such services;
Please see Standards for Zoning Amendment "Qll.
F. That the proposed use will not create excessive additional requirements at
public cost for public facUities and services and will not be detritnental to the
economic welfare of the community;
Please see Standards for Zoning Amendment "H".
G. That the proposed use will not involve acti'Vities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welf~re by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors; .
Please see Standards for Zoning Amendment "r~,
R. That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference witb ttaffic on
surrounding public streets;
3
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Exhibit f
Please see S~andards for Zoning Amendment "r.
I. That the Pl'oposed use will not result in the desttu.ctlon~ loss or damage of a
natural, scenic or historic feature considered to be of major importance.
City Council does not believe that the proposed development will result in the
destructio~ loss or damage of a natural, scenic or historic feature of major
importance.
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