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HomeMy WebLinkAboutDevelopment AgreementBF r 1 - DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Lamont Kouba, Owner 3. Larry and Becky Palmer, Developers THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2002, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and LAMONT KOLTBA, hereinafter called "OWNERS", whose address is HC 79 Box 210, Melba Idaho 83641, and LARRY AND BECKY PALMER, husband and wife, hereinafter called "DEVELOPERS", whose address is 8375 S. Meridian Road, Meridian, Idaho 83642. 1, RECITALS: 1.1 WHEREAS, "Owners" are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owners" or "Developer" make a written commitment concerning the use or development of the subject "Propert}~'; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owners" and/or "Developers" have submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (C-G) General Retail and Service Commercial District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owners" and/or "Developers" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the DEVELOPMENT AGREEMENT (CUP-02-019) - 1 subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the day of , 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 "Owners" and/or "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation, and/or conditional use permit; and 1.9 "OWNERS" and/or "DEVELOPERS" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "Cit}~' requires the "Owners" and/or "Developers" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "Cit}~' in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. DEVELOPMENT AGREEMENT (CUP-02-019) - 2 1.11 WHEREAS, Larry and Becky Palmer, husband and wife, hereby consent to the term, conditions and requirements within this Development Agreement. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPERS": means and refers to Larry and Becky Palmer, husband and wife, whose address is 8375 S. Meridian Road, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "OWNERS": means and refers to Lamont Kouba, whose address is HC 79 Box 210, Melba Idaho 83641, the party owning the said "Property" being developed and shall include any subsequent owner(s)/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", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES. PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian DEVELOPMENT AGREEMENT (CUP-02-019) - 3 City Code Section 11-7-2 K which are herein specified as follows: Construction of a 10,800 square foot office/automobile repair shop with used car sales on an undeveloped parcel south of Ultra Touch Car Wash off of E. Fairview Ave. Said place of business shall be known as Bobby's Transmission. Development shall be consistent with the Meridian Comprehensive Plan Generalized La~:e Use Map which designates the property as Mixed Planned Use, and go through the planned development process and as conditional uses. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: A. "Owners" and/or "Developer" shall develop the "Propert}~' in accordance with the following special conditions: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS 1. All Arborvitae shrubs to be placed upon the property around the vehicle storage area shall be at least four feet (4') in height, four feet on center. The buffer on the south side of the property shall include trees of 2" caliper height and shall be placed along this south property line with at least one tree per 35 lineal feet, and the applicant shall also provide screened fencing around the storage area that faces the residential lots on the south side. 2. No non-operational vehicles are to remain anywhere upon the lot for a period longer than thirty (30) days. 3. Construction and placement of a 10' wide asphalt pathway, as called for in a memo from Tom Kuntz dated August 9, 2002, shall be coordinated with the Meridian Parks and Recreation Department. DEVELOPMENT AGREEMENT (CUP-02-019) - 4 4. For clarification, the applicant shall not be allowed to operate his snow plow business from the site, nor are any snow plows allowed to be parked and/or stored upon the premises, except for those snow plows that are having mechanical or repair work done on them. The applicant, if he so desires, can in the future pay another fee to amend the present CUP to operate his snow plow business upon the premises of Bobby's Transmission, if so approved at that time. 5. In addition to the requirements of the Findings of Fact and Conclusions of Law set forth in attached Exhibit B, Owner shall provide eleven (11) parking spaces to the adjoining Ultra Touch Car Wash parcel located immediately north of the property described in Exhibit A, which eleven (11) parking spaces shall be those spaces immediately adjacent to the Ultra Touch Car Wash parcel, or, Ultra Touch shall move its detailing operation, shall re-stripe the spaces to provide thirteen (13) spaces on its parcel, and Owner shall provide for two (2) parking spaces instead of eleven (11). Across parking, access easement to effect this condition shall be executed and recorded prior to issuance of any building permit for the property described in Exhibit A. The Planning and Zoning Department must review and approve the agreement prior to recording. This agreement is reasonable because: 5.1 The Ultra Touch Conditional Use Permit was approved after a lot split was approved. 5.2 The Ultra Touch Conditional Use Permit Site Plan and Application showed parking on the parcel that was not sold to Ultra Touch, which parcel is the subject of this Development Agreement. 5.3 If the off parcel parking is discontinued, Ultra Touch will then be out of compliance with Meridian's parking ordinance. 5.4 Lamont Kouba owned the property on which Ultra Touch applied for their Conditional Use Permit, and as Owner consented to the site plan showing the parking spaces to be built by Ultra Touch and now used by Ultra Touch. 5.5 Ultra Touch provided and paid for the parking lot now built on the parcel which is the subject of this Development Agreement. 5.6 Across-parking access easement, which shall be approved by the Planning and Zoning Department, shall be provided for the northern eleven (11) parking spaces. 6. The applicant shall comply with the annexation and zoning findings, conditions, and requirements, that are attached hereto as Exhibit "B", along with the conditions and requirements listed within this Development Agreement. GENERAL COMMENTS DEVELOPMENT AGREEMENT (CUP-02-019) - 5 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking lot, so that the light does not spill over onto adj acent properties ofrights-of--way. All parking lot lighting shall be in accordance with Ordinance 11-13-4.C. 2. Provide signage in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. Building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface waters is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. Trash: The trash enclosure shall be enclosed on at least three sides by a solid wall or sight-obscuring fence at least four feet in height in accordance with Ordinance 11-12-1.C. Coordinate location and construction requirements with Sanitary Services, Inc. 6. Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. 7. A Certificate of Zoning Compliance (CZC) and a building permit shall be obtained prior to the start of construction. A detailed landscape plan, prepared by a licensed landscape architect or other landscape professional, shall be submitted with the CZC application. 8. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit shall be DEVELOPMENT AGREEMENT (CUP-02-019) - 6 obtained prior to the start of development. Site Specific Conditions of Approval 1. The following conditions of the annexation ordinance for the subject property (AZ Ordinance #736) shall be complied with as a condition of this CUP. a. Connect to Meridian water and sewer services b. Development of the property shall be subj ect to and controlled by the Zoning Ordinances, the Subdivision and Development Ordinance, and the Meridian Comprehensive Plan, adopted January 4, 1994. c. These conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. d. The Applicant shall meet the requirements and conditions of the Findings of Fact and Conclusions of Law...and the property be developed as a commercial planned development or under the CUP process. The Applicant may obtain a copy of Item "d" above from the City Clerk's Office. The primary items in the Findings of Fact and Conclusions of Law that impact the subject development are listed in #19 (pg 22 and 23). 2. A signed and recorded copy of the DA must be completed prior to issuance of a Certificate of Zoning Compliance for the subject application. The DA shall address, among other things, the fourteen (14) items listed in #12, pg. 18, of the Findings of Fact and Conclusions of Law for the Annexation. 3. To comply with Ordinance 12-13-12, the Applicant shall provide atwenty-five (25) foot buffer on the north side of the existing access road and a twenty (20) foot buffer to the west boundary, from the south property line north approximately 130 feet. A portion of the existing sewer access road shall be permitted to be included within thetwenty-five (25) foot buffer along the south property line. A minimum fourteen (14) foot wide new landscape buffer shall be added between the sewer access road and the vehicle storage area. 4. Comply with Ordinance 12-13-14-2, Design Guidelines for Stormwater Areas, in the detailed design of the storm pond shown in the southwest, corner. Submit details with the Certificate of Zoning Compliance application. 5. All parking and areas of circulation shall be improved with a hard surface in accordance with Ordinance 11-13-4.D. The Site Plan shall be revised to show the vehicle storage area as a hard surface to comply with this ordinance. Slats or other screening shall be added to the chain link fence on the south side adjacent to residences. DEVELOPMENT AGREEMENT (CUP-02-019) - 7 6. The unimproved area on the western 120 feet of the parcel shall be maintained free of weeds over eight (8) inches in height or other fire hazards and shall not be used for storage of any materials. 7. The hours of operation of the transmission shop and any noise orvibration-generating equipment shall be limited to those hours presented by the Applicant, which are Monday through Friday, 8:00 am to 8:00 pm, with the exception of emergencies or nonchargeable personal repairs. 8. Use of the subj ect property for used car sales shall be restricted to a maximum of five (5) vehicles displayed at any one time. No off-premise used car sales signage shall be permitted. None of the required twenty-one (21) parking spaces may be used as a sales display area for vehicles. A separate area shall be used. 9. The Applicant shall contact the Parks & Recreation Director to determine if any portion of the future Five Mile Creek pathway will impact the subj ect property. If so, submit a revised Site Plan that reflects any improvements required by the Parks & Recreation Department. 10. In accordance with Ordinance 12-4-10.B., the proposed barbed wire fencing around the storage area shall be aminimum ofseventy-two inches (72") above grade to the bottom wire. 11. Sanitary sewer and water service to this parcel shall be via service lines from existing main lines adjacent to the site. 12. A minimum 2-inch caliper tree shall be planted within the parking lot island shown on the west side of the building. The landscaped area within this planter shall be at least 50 square feet in area, inside of the curbing. Standard Conditions of Approval -Ada County Highway District 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. DEVELOPMENT AGREEMENT (CUP-02-019) - 8 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances 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 all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said DEVELOPMENT AGREEMENT (CUP-02-019) - 9 requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Recommendations of the Sanitary Sewer as follows: 1. Enclosure location and size are .good. Gate shall be expanded to a minimum of 10' clearance inside of the gate posts for access. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire flow as required by the Uniform Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 3. All radii shall be 28' inside and 48' outside radius. 4. A 20' wide fire lane shall be available for access to the building. 5. The proposed building and use shall comply with the 1997 Uniform Fire Code and applicable National Fire Protection Association Standards. Adopt the Recommendations of the Central District Health Department as follows: 1. It is recommended that storm water be pre-treated through a grassy Swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District's Fivemile Drain courses through the southwest corner of the above-mentioned proposed project. Any encroachments will require approved plans and a signed License Agreement. 2. Any storm drainage leaving the site or returning into the Fivemile Drain will require a Land Use Change/Site Application. Adopt t he r ecommendations o f t he M eridian Parks & Recreation Department as DEVELOPMENT AGREEMENT (CUP-02-019) - 10 follows: 1. We need a 10' wide asphalt path adjacent to the east side of 5-mile Creek as part of the Bobby's Transmission Conditional Use Permit. The pathway could be constructed over the top of the 20' sewer easement and should be the length of sewer line. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owners" and/or "Developers" or "Owners" and "Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owners" and/or "Developers" consent upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owners" and "Developers" and if the "Owners" and "Developers" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Owners" and/or "Developers" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Owners" and/or "Developers", "Owners" and/or "Developer's heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and DEVELOPMENT AGREEMENT (CUP-02-019) - 11 conditions included in this Agreement in connection with the "Property", this Agreement maybe modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Owners" and/or "Developers" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owners" and/or "Developer's" cost, and submit proof of such recording to "Owners" and "Developers", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "city" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owners" and/or "Developers", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "Cit}~' and "Owners" and "Developers" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as maybe necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT (CUP-02-019) - 12 12.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and "Developers" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "Cit}~' may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owners" and/or "Developers" agrees to provide, if required by the "city". 14. CERTIFICATE OF OCCUPANCY: The "Owners" and/or "Developers" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owners" and/or "Developers" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Owners" and/or "Developers" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer OWNER: City of Meridian Lamont Kouba 660 E. Watertower, Suite 200 HC 79 Box 210, Meridian, ID 83642 Melba, Idaho 83641 DEVELOPMENT AGREEMENT (CUP-02-019) - 13 } DEVELOPERS: Larry and Becky Palmer 8375 S. Meridian Road Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 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, in addition to any other relief as maybe granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Propert}~'. Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owners" and/or "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owners" and/or "Developers" has fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT (CUP-02-019) - 14 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect 'any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owners" and/or "Developers" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owners" and/or "Developers" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, 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 development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22: EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (CUP-02-019) - 15 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER: Lamont Kouba DEVELOPERS: Larry Palmer Becky Palmer CITY OF MERIDIAN BY: MAYOR ROBERT D. CORRIE Attest: CITY CLERK DEVELOPMENT AGREEMENT (CUP-02-019) - 16 STATE OF IDAHO ) COUNTY OF ADA ) ss On this day of , in the year 2002, before me, a Notary Public, personally appeared Larry and Becky Palmer, husband and wife, known or identified to me to be the persons who executed the instrument and acknowledged to me that they executed the same. (SEAL) STATE OF IDAHO ) COUNTY OF ADA ) Notary Public for Idaho Residing at: Commission expires:- ss On this day of , in the year 2002, before me, a Notary Public, personally appeared Lamont Kouba, known or identified to me to be the person who executed the instrument and acknowledged to me that he executed the same. (SEAL) Notary Public for Idaho Residing at: Commission expires:- DEVELOPMENT AGREEMENT (CUP-02-019) - 17 STATE OF IDAHO ) :ss County of Ada ) On this day of , in the year 2002, before me, a Notary Public, personally appeared Robert D. Come and William G. Berg, Jr. ,known 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) Notary Public for Idaho Commission expires: Z:\WorkUvl\Meridian\Meridian 15360M\BOBBY'S TRANSMISSION CUP02-019\DevelopAgr.doc DEVELOPMENT AGREEMENT (CUP-02-019) - 18 EXHIBIT A Leal Description Of Property Parcel I Beginning at a point on the section line between Sections 6 and 7, Township 3 North, Range 1 East, of the Boise Meridian, Ada County, Idaho, situated 180 feet North 89° 55' East of the quarter section corner between said Sections 6 and 7; thence North 89° 55' East along the Section line between said Sections 6 and 7, East 150 feet to a point; thence South 0° OS' West, 660 feet more or less to a point on the south line of the North half of the Northwest quarter of the Northeast quarter of said Section 7, Township 3 North, Range 1 East, of the Boise Meridian; thence South 89° 50' West along the South line of the North half of the Northwest quarter of the Northeast quarter of said Section 7 to a point on the North and South center line of said Section 7, Township 3 North, Range 1 East of the Boise Meridian; thence North 0° 18' East along the North and South center line of said Section 7, Township 3 North, Range 1 East of the Boise Meridian, 360 feet more or less to a point, 300 feet South of the quarter corner between Sections 6 and 7, Township 3 North, Range 1 East of the Boise Meridian; thence North 89° 55' East, 180 feet to a point; thence North 0° OS' East, 300 feet to the PLACE OF BEGINNING; EXCEPT THEREFROM a parcel of land situated in the Northwest quarter of the Northeast quarter of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the North quarter corner of Section 7; thence along the North line of said Section 7 South 89°28'06" East, a distance of 180.00 feet to a point; thence South 00°34'44" West, a distance of 45.78 feet to the South right of way line of Fairview Avenue, a 5/8 inch iron pin and cap marked "RAJ 943", the POINT OF BEGINNING; thence along said right of way line North 89°11'04" East, a distance of 10.98 feet to a brass cap set in concrete, marked station 47+16.6; thence continuing along said right of way on a curve to the right having a delta of 00°08'33", a radius of 55,916.02 feet, a tangent of 69.53 feet, a chord bearing of North 89°15'20" East, a chord distance of 139.06 feet, an arc length of 139.06 feet to a point which bears South 00°34'46" West, a distance of 0.25 feet from a 5/8 inch iron pin and cap marked "JUB 944"; thence leaving said right of way line South 00°34'46" West, a distance of 257.58 feet to a 58 inch iron pin and cap marking "RAJ 943"; thence DEVELOPMENT AGREEMENT (CUP-02-019) - 19 North 89°28'06" West, a distance of 150.00 feet to a 5/8 inch iron pin and cap marked "RAJ 943"; thence North 00°34'44" East, a distance of 254.22 feet to the POINT OF BEGINNING. PARCEL II ANon-Exclusive Easement, for a permanent roadway, underground utility, sewer, water and drain line easement as granted by Easement Deed recorded March 19, 1997, as Instrument No. 97021084. DEVELOPMENT AGREEMENT (CUP-02-019) - 20 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (CUP-02-019) - 21 * ,.~ v ~` J r~`.~ RICHARD JOHNSON AND LAMONT ROUBA ANNERATION AND ZONING WITH A CONDITIONAL USE PERMIT 835 E. FAIRVIEW AVENUE MERIDIAN, IDAHO RID FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on May 14, 1996, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant's representative, Bob Daugherty, appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 14, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at May 14, 1996, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUSA PAGE - 1 ~. annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 3.87 acres in size. 3. That the property is presently zoned by the county as R-T (Rural Transition); that the Applicant requests that the property be zoned General Retail and Service Commercial (C-G), and has requested a conditional use permit to allow the construction of a commercial facility with two (2) initial retail sales tenants; that one (1) tenant would be Extreme Sports, a Jet Ski Retailer, the other would be Treasure Valley Auto Parts, an auto parts retailer, both would be providing sales and service; that there will be an expresso/lunch shop; that these proposed retailers would be located in the first building, which would front on Fairview Avenue and be of concrete block construction. 4. That currently the property has a single family house with various out-buildings, a large asphalt parking area and the balance of the property is pasture; that the Applicant proposes removing the house and out-buildings. 5. That upon completion, and as demand requires, the Applicant proposes the construction of two (2) additional "R & M Steel Buildings"; that these two constructed buildings will be towards the rear of the property; that the anticipated tenants will be geared towards the auto service industry, such as, an auto detailing shop, muffler/welding shop, and recreational vehicle repair shop. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 2 6. The general area surrounding the property is used primarily for commercial purposes; that the property to the north is being developed by AVEST PLAZA for the Fred Meyer shopping center; that this property is situated between Meridian Auto Sales and Roundtree Chevrolet, which are zoned commercial. 7. That the property is adjacent and abutting to the present City limits; that the property surrounding this lot is in Meridian. S. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian; that the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That Lamont and Lynn Kouba, of Meridian, Idaho, are the owners of the property and have requested this annexation and zoning and conditional use and the application is not at the request of the City of Meridian. 10. That the property could be physically serviced with City water and sewer. 11. Applicant's representative, Bob Daugherty, testified that this application is for a proposed commercial development which would be primarily geared towards the automotive and recreational industries; that the initial site plan reflected an entry on the west side of the property; that after conversations with the Ada County Highway District (ACRD), they suggested moving the entry to FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-KOUBA PAGE - 3 r y the east side of the property which would be next to the Roundtree Chevrolet dealership; that the new site plan indicates, as did the old site plan, that on the west side of the property it is bordered by Meridian Auto Sales and on the east side of the property is Roundtree Chevrolet; that directly to the south of the land is vacant property; that on the southeast side of the land is Danbury Subdivision; that on the southwest corner of the property is the Five Mile Creek Drainage; that the initial building in the front would be a block building and the rear buildings would be constructed of R and M Steel; that the belief is that this facility will fit in this area; that the five foot sidewalk, mentioned in staff's comments to connect to the sidewalk on Fairview Avenue, is addressed in the Ada County Highway District's impact fees; that the 35 foot setback along the main corridor of Fairview Avenue is anticipated to be bermed and landscaped. Mr. Daugherty added that there are two wells currently on the property; that the Applicant expects to abandon one and anticipates using the other for the pressurized irrigation system; that the R and M Steel buildings will be constructed and divided up with partitions according to demand, separating them for individual uses. 12. Commissioner Hepper commented that Roundtree does not have any service doors facing south towards Danbury Fair Subdivision and that he is concerned about what is marked as N, 0, P and Q, where the service doors on those would be in relationship FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 4 '~ f to the entrances to Danbury Fair Subdivision; that there should be at least a 20 foot planting strip on the south with non-glare lights and no outside speakers which could be obtrusive to the residents on the other side of the fence. 13. Commissioner MacCoy commented that the Applicant consider building mounted lights which are shielded so you don't have lighting way out into the back end which would create a problem. 14. Diana Boyd testified regarding her concern of contamination; that the Applicant is a little premature in trying to get this property rezoned to commercial until the contamination is cleaned up; that she has spent a lot of money in trying to get Mr. Rouba to clean up the contamination; that it has not been cleaned up on her area which is contaminated from his side of the fence because it was a spray service; that benzine and chloradine are on her side of the fence which has not been cleaned up; that the Applicant has a beautifu]JYlaid out plan but she doesn't think it is going to look like the plot looks. 15. Bob Daugherty added that the concerns over contamination are legitimate concerns; the Department of Environmental Quality (DEQ) that was investigating the area and the property; that he is certainly willing to have this annexation and zoning and conditional use permit contingent on having a clean bill of health from the State of Idaho Department of Environmental Quality. In addition, he has elected not to even try to put in an auto body shop and would have no~ problems with required conditional use for FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOSNSON-ROUBA PAGE - 5 d r all uses. 16. Eleanor and Rod Johnson testified that they own the property on which Roundtree Chevrolet sits, which L. B. Industries is leasing, and the property to the east of Mr. Kouba's property which is one full acre to the back along the canal bank; that-the fence line has been moved; that they don't want access across their property. 17. That the Meridian Police Department, Fire Department, Assistant to the Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District submitted comments; that those comments are incorporated herein by this reference as if set forth in full. 18. That Bruce Freckleton, the Assistant to the City Engineer, submitted the following comments: 1. That a legal description submitted appears to describe the subject parcel, however there appears to be an error in the closure. 2. That the site will be contiguous to several parcels already within the Corporate City Limit and that the land surveyor preparing the legal description for Annexation should contact the Public Works Department to discuss the legal description. 3. That any. existing irrigation/drainage ditches crossing the property shall be tiled. 4. That any existing domestic wells and/or septic systems within this project will ,have to be removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as landscape irrigation. 5. That water service is contingent upon positive results from a hydraulic analysis. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUSA PAGE - 6 6. That a drainage plan designed by an architect or an engineer shall be submitted for all off-street parking areas. 7. That outside lighting shall be designed and placed so as to not direct illumination on any nearby residences. 8. That all signage shall be in accordance with Meridian City Ordinances 9. That off-street parking, paving and stripping, shall all be provided in accordance with City Ordinances and that the paving and striping shall be in accordance with the Americans with Disabilities Act. 10. That water service to this development shall be from an extension of the existing 8 inch diameter main installed along the southerly side of Fairview Avenue; that all water mains shall be installed at subdivider's expense; that location of fire hydrant, water main sizes and locations shall be coordinated with the City of Meridian's Water Works Superintendent; that Development plans shall be reviewed and approved through the Public Works Department. 11. That sewer service to this development shall be from an existing main that is in place along the west side of the site; that all sewer mains shall be installed at subdivider's expense and coordinate sewer main sizes and locations with the Public Works Department; that Development plans shall be reviewed and approved through the Public Works Department. 12. That the treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated; that approval of this application needs to be contingent upon. the City's ability to accept the additional sanitary sewage generated by this proposed development. 13. Indicate any existing FEMA Floodplain Boundaries on the Site Plan Map, and/or any plans to reduce said boundaries. 14. That the Applicant shall develop pressurized irrigation system plans for the subject site due to the area to receive irrigation. 19. That the Planning and Zoning Administrator, Shari Stiles, FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-KOUBA PAGE - 7 submitted comments and they are incorporated herein as if set forth in full, as follows: 1. That this request for Annexation and Zoning of C-G with a Condition Use Permit is consistent with the Meridian Comprehensive Plan and is located in a Mixed- Planned Use Development area as shown on the Generalized Land Use Plan. 2. Ada County Highway District policy requires that access from Fairview to this development be located on the east side and that cross access agreements be entered into for the properties east and west of this parcel; that the site plan may be able to be flopped to accommodate this requirement. 3. Provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department policies. 4. Fifty-four (54) three-inch (3") caliper trees are required for this development, but may not be located over the existing sewer line or over other utilities as depicted; Applicant shall revise landscaping to relocate trees. 5. Provide a copy of the executed license agreement with Nampa-Meridian Irrigation District to allow planting within their easement right-of-way prior to obtaining building permits. If trees are not allowed in this easement, trees shown will need to be relocated. 6. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc., so as not to impede fire access and all dumpsters shall be contained in a screened enclosure. 7 . Dedicate four ( 4 ) additional feet of right-of-way on Fairview Avenue (54' from centerline) . Furnish a copy of recorded warranty deed for dedication of additional right-of-way prior to obtaining building permits. 8. Provide a thirty-five (35') foot landscape setback beyond required right-of-way. Applicant to provide detailed landscape plan including berming details for approval prior to obtaining building permits. Sidewalk/curbing should be installed along Fairview Avenue to provide finished appearance. ACRD has requested that monies for the sidewalk be deposited into FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 8 r a trust. 9. Applicant to provide curbing and underground sprinkler system for all landscaped areas. 10. Maintain twenty-foot (20') buffer strip adjacent to Danbury Fair Subdivision as shown on plan. The R-T property to the south may also require additional buffering by means of fencing/landscaping. 11. Provide temporary fencing to contain debris during construction. 12. That all paving, striping and signage of the parking lot to be in accordance with Meridian City Ordinance and the Americans with Disabilities Act. 13. Lighting shall not illuminate adjacent residential properties or cause glare. 14. A development agreement/detailed conditions of approval are required as a condition of annexation; that all uses should be developed under the conditional use permit process. 15. That the Applicant shall provide a revised site plan meeting all staff and agency requirements prior to public hearing at City Council level. 20. That the Ada County Highway District submitted comments and they are incorporated herein as if set forth in full. That the District submitted site specific requirements, which are as follows: 1. That the Applicant dedicate 54 feet of right-of-way from the centerline of Fairview Avenue abutting the parcel (4 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit ( or other required permits). 2. Provide a $1,275.00 deposit to the Public Rights-of- Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel (approximately 150 feet). 3. Construct a 36' wide driveway located at this site's FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 9 ' r east property line. The driveway shall be paved a minimum of 30 feet into the site and shall have 15 foot radii pavement tapers. 4. That the Applicant be required to provide cross access easements to the parcels abutting the site's east and west (the parcel south of Meridian Auto Sales) to use shared access points for access to Fairview Avenue, prior to issuance of a building permit or other required permits. The District intends to require a similar agreement of the owners of the parcels to the east and west if they are the subject of a future development application. 5. Other than the access point specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. 21. That the Sewer Department submitted a comment regarding the conditional use request and such comment is hereby incorporated herein as if set forth in full; that a copy of the internal plumbing plans be submitted; that review of construction plans for pretreatment purpose will be required. 22. That the Water Department commented that the plans for the proposed water main, fire hydrants and domestic service locations and sizes need to be submitted to the Water Department and reviewed. 23. That Commissioner MacCoy submitted statements regarding this application and they are hereby incorporated herein as if set forth in full; he commented he had no objection to this property being rezoned to C-G in light of what is already so zoned and constructed along Fairview Avenue; that he does object to the property to the south being-zoned C-G in light of other County R-T located there. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-KOUBA PAGE - 10 ,_ Z 24. That the following pertinent statements are made in the Meridian Comprehensive Plan: p~. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. B. Under LAND USE 5. MIXED-PLANNED USE DEVELOPMENT, Page 28 Mixed-use Area at Locust Grove Road and Fairview Avenue Plus Area North of Fairview Avenue. These areas are within Ada County, but nearly surrounded by the City of Meridian. The area is characterized by large rural lots, and a sparse development pattern. In order to stimulate planned development in these areas, the following policies apply: a. 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. b. 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area, including low-to-high density residential, office, light industrial and commercial land uses. c. 5.18U Existing residential properties will be protected from incompatible land use development in this area. Screening and buffers will be incorporated into all development requests in this area. C. Under COMMUNITY DESIGN, at Page 71 1. Entryway Corridors 2. Fairview Avenue (East entrance). FINDINGS OF FACT AND CONCLUSIONS OF LAW - pAGE - 11 JOHNSON-ROUBA r 3. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Policies, Page 71 a. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business development on entrance corridors. b. 4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 4. Neighborhood Identify Goal Policies, Page 72 a. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. 25. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a commercial area; that the commercial area is in an area that is listed as a Mixed/Planed Use Development area. 26. That the requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: C-G General Retail and Service Commercial: The purpose of the ( C-G ) District is to 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 travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. FINDINGS OF FACT AND CONCLUSIONS OF LAW - pAGE - 12 JOHNSON-KOUBA ...~.... ~. ~ ~ 27. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that individual department stores, retail stores, restaurants, and wholesale facilities, are allowed uses in the C-G district; that planned commercial developments, are an allowed use in the C-G district. 28. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial., or commercial or a mixture of .compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in-which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." 29. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; FINDINGS OF FACT AND CONCLUSIONS OF LAW - pAGE - 13 JOHNSON-ROUBA ,_ that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks .and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provides school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 30. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 31. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 32. That Section 11-9-605 G 1. states as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUSA PAGE - 14 ~~' r "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 33. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 34. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Desictn Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 35. As stated above in Paragraph 3, the Applicant submitted an application for a conditional use to allow commercial retail sales businesses catering to recreational and auto industries; that such material on the conditional use permit is incorporated herein by this reference as if set forth in full; that the Applicant did not specifically address the conditional use for the wholesale/retail business at the public hearing; that as found above, the Planning Director stated that the Applicant needs to provide a minimum landscape setback of 35 foot from the required ACRD right-of-way; .that all outdoor storage of equipment and materials shall be screened from view from any existing adjoining residence or residentially zoned area and not located in any front FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-KOUBA PAGE - 15 ~. ' k r yard setback area; that the display area shall be uncluttered; that all off-street parking areas and all ditches be tiled per City Ordinance; that the lighting shall not cause glare or adverse impact to residential properties or traffic on Fairview Avenue; that a development agreement shall be required as a condition of annexation; that a Certificate of Occupancy is required prior to opening for business and that the location of the handicapped parking stall be adjacent to the building. 36. That there are commercial uses on both sides of Fairview, including a used car lot, a retail paint store, a fitness center on the north side of Fairview, and restaurants on the north side of Fairview; also on the north side of Fairview Avenue there is a carwash and an emergency medical office; that farther east on Fairview Avenue is an Intermountain Farmer retail store. 37. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of .Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 16 ~~ ..` ~~ and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Planning and Zoning Commission has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 17 •. with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways. 10. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. The Applicant has stated and represented that its intention is to have businesses related to the automobile and other motor vehicles, which are permitted uses in the C-G district. 12. That, as a condition of annexation and zoning of C-G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. f. M, Pressurized Irrigation 2. The concerns of the owners of property along Fairview Avenue, stated in prior public hearings, were of having lights, particularly automobile headlights, shine into their yards and homes. 3. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 4. Addressing the access linkage, screening, buffering, FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 18 •, transitional land uses, traffic study and recreation services. 5. An impact fee to help acquire a future school or park sites to serve the area. 6. An impact fee, or fees, for park, police, and fire services as determined by the City. 7. Appropriate berming and landscaping. 8. Submission and approval of any required plats. 9. Harmonizing and integrating the site improvements with any existing residential development. 10. Establishing the 35 foot landscaped setback as mentioned in the Planning Directors comments and in the Comprehensive Plan and landscaping the same. 11. Addressing the other comments of the Planning Director, Shari Stiles. 12. The sewer and water requirements. 13. Traffic plans and access into and out of the development. 14. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. 13. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by .the owner of the parcel. ."; that since the enactment of the above section, the City has found that it is difficult for the City and the Applicant to enter into a development agreement prior to annexation; that it is therefore FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 19 ~~ , concluded that a development agreement shall be entered into, dealing with the matters set forth in the preceding section prior to issuance of a building permit. 14. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian. 15. That it is concluded that 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the sfiall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions pf~h nih , 7.9-n / C~~r-rn~ ,Tri ox~ of the area, the c~Sncludes as follows: a. The use, would in fact, not constitute a conditional use as under the Meridian Zoning Ordinance planned commercial development, retail stores, and wholesale facilities, are permitted uses in the C-G district, but since the Comprehensive Plan states that all development requests. in the Mixed Use Areas around Fairview Avenue and Locust Grove Road will be subject to development review and conditional use permit processing to ensure neighborhood compatibility, the conditional use application is deemed to be appropriate, as is the granting of such conditional use. b. The use should be harmonious with and in accordance with the Comprehensive Plan, if the requirements in these Findings of Fact and Conclusions of Law are met, but the Comprehensive Plan requires a conditional use permit to allow the use.. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity as long as development is undertaken to meet the representations of the Applicant in the Application and as stated at the public hearing and those that may be required by the City under design review. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses as long FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-KOUBA PAGE - 20 ~t y as development is undertaken to meet the representations of the Applicant and those that may be required by the City under design review.. e. The property will have sewer and water service available, but the Applicant will have to extend the lines to serve all parts of his property. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required and the parking ordinance shall be met including the preparation of a parking plan and landscaping plan. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 16. It is concluded that the conditional use permit should be granted, but as a condition of the conditional use permit a development agreement shall be entered into regarding the development of the retail uses and such is hereby made a condition of the granting of the conditional use permit. 17. That the requirements of the Meridian Police and Fire Departments, Meridian City Engineer's office, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. 18. That it is concluded that the location and layout of the proposed use on the property could pose problems with regard to FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-KOUBA PAGE - 21 ., noise, glare, fumes or odors for the adjacent residential properties to the south; that it is concluded that it is one of the purposes of the Zoning Ordinance to protect residential, commercial, industrial and civic areas from the intrusion of incompatible uses and to provide opportunities for establishments to concentrate for efficient operation in mutually beneficial relationships to each other and to shared services (11-2-401 5.), but it is also the purpose of the Zoning Ordinance to encourage the proper distribution and compatible integration of neighborhood commercial uses into all residential areas of the City (11-2-401 11.). 19. That it is concluded that to make the proposed use harmonious and compatible to neighboring residential uses to the south the following requirements must be met, and continuously met; and these conditions should be reviewed by the City Council, amended, added to, changed or deleted as-the City Council deems appropriate: a. That the Applicant shall provide a barrier along the property's boundaries as directed by the Planning and Zoning Administ or. b. That the buildings shall be subject to design review and all bui lane shall be submitted to the Planning and Zoning for approval before they are submitted to the Building Inspector. c. That any and all lighting shall be directed away from adjacent residential or commercial uses and shall be constructed such that it does not glare, or shine, on any surrounding property, unless the owner of the adjacent property signs a written consent to have it shine on the property w ich consent must be submitted to the Planning and Zoning 'rector FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 22 T . ~ d. That the use of any external loudspeakers shall be limited to business hours, 7:30 a. m. to 8:00 p. m., only on Monday through Friday, and shall be limited to 60 decibels; that all of the buildings shall be constructed to be as soundproof as reasonably possible. e. That there shall be no wrecked, demolished, or junk cars kept or stored on the property, unless they are totally screened from view. f. That there shall be no offensive fumes, smoke or odor emitted from the property; that normal motor vehicle exhaust from passenger or pickup trucks shall not be deemed to be offensive; that all hazardous wastes shall be properly disposed of and shall not be maintained on the property. g. That all construction, including remodeling, fence construction, and plantings shall be subject to Design Review by the City of Meridian. 20. That the conditions stated herein, or as ultimately set by the City Council, shall be agreed to by the Applicant, in writing; that if they are not so agreed to the Application should be denied. 21. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. 22. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. 23. That proper and adequate access to the property is available and will have to be maintained, with appropriate buffering to residential properties or traffic on Fairview Avenue. 24. That these conditions shall run with the land and bind the Applicant and his assigns. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 23 `' t REC01~dENDAT I ON The Planning and Zoning Commission of the City of Meridian recommends to the City Council that the property set forth in the application be approved for annexation, zoning and the issuance of a conditional use permit, under the conditions set forth in the Conclusions of Law. MOTION: b'~l~ /~ DISAPPROVED: APPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - pAGE - 25 JOHNSON-ROUBA `;' Y Meridian City Council July 16, 1996 Page 18 Morrow: Across Five Mile. Smith: If you extended 5th Street where R-15 is noted down there, Washington and 5th, 5th Street right now extends- north through that parcel that is numbered 1304 and it ties into Badley Avenue which extends from the west to the east. That exists right now, it doesn't show on this map but that is in place out there. It is a private road through the apartment through that 1304 parcel. Badley I believe is a public road over to the boundary of that parcel and I am not sure if it continues on or not but it does connect with an extension of 5th that is a private road. The gentleman that developed the apartments on parcel 1304 had plans to extend 5th Street north to Fairview. I don't know if he owns that property above 1304 or whether that just has a zero in it, it is labeled R-8 open field. What the plan was to extend 5th Street north of Fairview and continue the apartment development (inaudible). As Councilman Tolsma mentioned at that time Badley could conceivably be extended over to the Crow property for access to that property. And it would have to cross Five Mile Creek to get to her property that is on the east and the north of Five Mile. If there was any access needed for that property between this project that is being proposed and the crow property it could be provided from the crow property but again there are several what ifs in that line. Rountree: Given that explanation I am a little more at ease about being able to access those parcels. Tolsma: (Inaudible) Morrow: I have no further questions. Corrie: Any other comments from Council? Entertain a motion on the request for annexation and zoning to C-G. Morrow: Mr. Mayor, we need to do something with the findings of fact and conclusions as prepared for Planning and Zoning. I guess my inclination would be to adopt these with the added phrase that exempts the tiling of Five Mile Creek. Bentley: Second Rountree: Was that a motion? ~-.--~ Mon'ow: That was just a point of discussion. I will make it a motion, I move that we adopt the findings of fact and conclusions of law as prepared for P ~ Z to be amended that under article 21 of the conclusions that we add the phrase not required to the Five Mile Creek. ~,^' ~' .. ~, , Meridian City Council July 16, 1996 Page 19 Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the findings of fact and conclusions of law by Planning and Zoning with the addition to item 21 on page 23 not to the Five Mile Creek, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Morrow: Mr. Mayor I would move to instruct the City Attorney to prepare an annexation ordinance. Rountree: Second Come: Motion made by Mr. Morrow, second by Mr. Rountree for the attorney to draw up an ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL AUTOMOTIVE USE BY LAMONT KOUBA AND RICHARD JOHNSON: Corrie: I will now open the public hearing, Mr. Daugherty. Bob Daugherty, was sworn by the City Attomey. Daugherty: Again we are here on behalf of Lamont Kouba, just a continuation of the annexation and zoning in requesting a conditional use permit for construction of a block building facing Fairview Avenue which is reflective of your site plans. We have brought along some pictures and also an architectural rendition of what we anticipate the front building looking like. The pictures are of a development that is over in Boise that is very similar in construction. The artist rendition will actually show more along the lines of what our building would actual look like. If you would like to see any of these. The small picture down at the bottom we are anticipating that those will be R & M Steel type prefabricated buildings and those would be the buildings that would be located to the south of our project and those we would anticipate would be very similar in nature to the ones at Rountree Chevrolet. We have had several discussions with staff members along with Public Works Department and the various utilities. All of the utilities are on site, we have as previously discussed a sewer main at the southwest comer of the property. There is power and basically all of the other services are located off of Fairview Avenue. We