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Home My WebLink AboutJon's Alighnment Brake & More CUPNUB OF TREASURE VALLEY Mayor A Good Place to Live ROBERT D. CORRIE ~~„n~,, Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH B[RD LEGAL DEPARTMENT 1208> a84-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR CO Y OF MERID I N ELOPMENT PROJECTS WITH THE CI To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 1 1998 TRANSMITTAL DATE: August 18 1998 HEARING DATE: September 81998 REQUEST: E BY: JOHN ISS/JOHN'S ALIGHNMENT BRAKE & MORE LOCATION OF PROPERTY OR PROJE TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P1Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CT: 1334 E. 1ST MERIDIAN ID MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECL,gMATION(PRELIM & FINAL ADA COUNTY (ANNEXATIONS) YOUR CONCISE REMARKS: ITY ENGINEER CITY PLANNER CITY FILES ~/' ~° CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT !~°`~~ ~ /.5:~~ HONE: ~ ~ `( ~~~~~ NAME: D' ~ /J'~ ~ ~"` ~` ADDRESS: 3.3 l( ~ ~ 5 ~ ~/' [ ~./~r/~ccG l~ ~~ ~) ~`~ RAL LOCATION: ~~ //~ ~s ~ >`~ ~d rS~ ~ a1~'~~ ~ ~ ~j~r'~v1 •~ Rr~~~~ GENE SCRIl'TION OF PROPOSED CONDITIONAL USE: f' .~ - _ F'~` ' ~---~1~- - DE S,~jv,` ~' -' - ZONING CLASSIFICATION: ~ ~ v CE~ RE D AU6 t 8 1998 I certify that the inforn~ation contained herein is true and correct. CITY OF MERIDIAN q:~~ ~~ Si tore of Applicant ~ (~ -4'v2 ~ f ~ l Social Security Number LEGAL NOTICE OF PUBLIC HEARING pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a o ~ n Q /~~*~- for CONDITIONAL USE PERMIT submitted by the property generally descn'bed as locatcd at ~.~ -S` /'2~ ~ `~ ~'~ ' ~ .'` SUBDIVISION, BLOCK ,LOT -, TO ~~ I am applying for a conditional use for property located on Meridian Road south of Franklin Road. The property is currently vacant group d~ atan 334rEastsFirs tStreet, b t I have outgrown repair station. My business is currently loca that location. The property is in a C-G zone and was an 11 useswwou d be de eloped under the property. The annexation of the property requu'ed tha conditional use process. I selected this site because of the good visibility and traffic flow past the site. I, John Biss, agree to pay any additional sewer, water or trash fees or charges, if any, associated with the commercial use of my property, and will post the property one week before the hearing stating that I have applied for a conditional use permit. ohn Biss o.K . -~~e C.U.P. PLAN REVIEW P&Z Checklist (per #10 of application) Applicant: ~~, `~',ss, Project: Review Date: ~/~/~ Reviewer: ~~L Required Application Components ,~ Review Comments 1. Vicinity map (1" _ 300') 2. Building location 3. Pazking/loading azeas 4. Traffic access 5: Traffic circulation 6. Open spaces 7. Landscaping 8. Refuse & service areas ? 9. Utilities ~ ~--~ 10. Signs & yazd 11.8'/z" x 11" site plan 12. Site elevations 13. List of construction materials C:\P&Zadmin\CUPChecklist ,~ ~ p~~~so~ o~ ~ ~« ~o ~.cS.~x9.e.. ~' ~~R on mas{e~ s~-~ P~ar~ ~e~~ '~ nl ~~ ~onv~~s5~o~ • . ,~ ,~ .' '', ,, PO& YALUi hEC1C'11-IGO. co~raun~~ re~a N s 1•, !nc•. an Idaho po,rpp~atirn a aorporaeion duly or{aniard and axiatin{ undrr tha lava e1 Cha SCaCr nl 6raptoC, dons haraby Ceant. uar=sin, Ss11~+1nd Cosvay uato ~ 8010c 60 3pt5~ I FIRST . RICAN TIYI.~ G~, J~ ~~ J~' {~ 11F d- s• h~blaK~ 0¢~d wj.fer ?50d fem. Nbn~• Td"o~oa~~I® graaeaa, Y P OW b aaGC i rral aatata• CO-Ifit1 FEE ~K~- A passel 1~ocatad ~ thb 5duthaaat Q11aYt4t of th9 NO~tUeast ~= Of .sect E n1 ~ 3 North, Fan9e 1 fit, Boise ~lasidian, 11da Camty. 7deh~, Hoare Y described as io]a.°"rs° caimencin9 at a 5/B i~ diaoetar itOR P~ markitiq tl~e 1~tF~eaaterly ~r of gd~d southeast +~ of tt~e ~2least 9 (N 1/16 c+os:rer) fsrom wl~i.cY- a brass ~aP nax~iri9 the Sautheaeterly cot'r~' Of said SoutYybaBt 4-~~ of the lsarrheart 8'22 31" west, a dietanca at 132fi.15 feat= tha¢~ee er of the &o~uth 0°22' 31" Yleat, aynreg the Feat4rly Haundsr1- of said gaytryeest quart ~,rll~eest quarCer. a dieter of 212.32 feat to a 5/8 inch dlaraeter ~ pin and the PQIN'f ~ ~~~' t!~-oe wntityuing rr hors ~% ~{h 0°22'31" west. a distanCS °£ 114.93 feat to a 5/8 inch diet thes~c8 iee~4 said Eagterlg ba~mdatY iron pint .1µH1iM~}t 69'SZ'13" Weatr a distance of 533.53 feet toe 5/9 inch diasnatsr bhp 23' 12" Feet. a diatait~ ~ 116.7d feet to a Sl$ inch dieter ix~ P~% soytti B9•S6'06" Eeet, m ~tiance of 533.;9 £eat t° tha P0~ ~'~~~• EXCEPT DITCH AID ROAD RIG~lTS aF WAY AND ~~ pQRTION 4F MERIDIAN RgAD. hs~f: FA1ZL`~L xz- 5ee attect~ed which se mtide a peat SAID CORPORATE REED IS BEYNG gE-gECORCIEU TO CORRECT THE LEGAL, DE~aCRIPTI{~N. Gaataa th irOaucCSaforasatrirs^andaaasisbr Farrv.rPpuresaraesa unto the raid iN wirrtes5 wuaaaoa, tltia drsator, pursuant to a ra^aiutiva o! its IIoard 0~' OSreGCncs has cruaad its aorparsta eaaaOa b^ haraunto rubresibad b~itso rsaacid~=ard its 1947 oospossta Tsai to ba afMxrd by iti Sserseasy.ehia 2nd ~- t1 B N ~, F~31 Frotidant Sacretary S'rA'tlC Od Idehv f i ra OOQ~ OF AL~a On thin dry of OOtraDe= , in thr ynr 1997 _ .. balore m a Notary '-'""'-arao~l sPpsarsd ~ffi Public in rn ar said Seats, p Y t o tha~gFaCiari icaovn or idantifird to aN to b• the ~,o! that rxaautsd tha inatrussnb or the psssen v o s~eCor orrtions Cu ~~~ +,,• 'r said Corporation. sad acktia~uladgyd to ra th A :'~. % 'V x4: ss,-k ~ ~'~ Rpsi lad rt , , Coruriirion Expirart 12f.33' •1 ~ ~' First American ~'itle CoTn,~any of .~dala~~f ~ ~~ ~ J UEP f~;~ F]UEST OF 1~0 I~ ATPt1~I® TO 1fE ~ 13Ed~ 1;1 N & D. l~`.'tIN IL1Al10 OOFY es (~arAb~ end Jet HZSS as CtatJtae, also dated GCtObEer Z, 1997 Pau zz: G~iANPII~ APD ~V'tNf3 A Fffii4JV~7T Awy1D EA8@4~+R'. FC1R ASS AID is r~a~ 5a.ao I~&T IN wznnt. Dues 'Iii ~~~= uyaJ: A peznel located in ttse 5oultleeat quarter of the No¢thea6t quartfir of Section 13, Tae~hip 3 Isxkh. Re<igs 1 Kaat. eeiee Meridien. Adn Ocunty Ictat~, nux~e part3cu].a~ly de6C~•Sbed tie follo~+e: Cl~rn~ci~q at tns HosttJeaaterly oO~~ac of eajd 9rwst~st cluay.~er of the D]os'r;heaat gu9z'tez': ttaence South a'22~31" 9~st, along th9 Easterly bvutr~ry Cf tJAilY Sautheaat quarter of the Nartited9t glJeii"bbr a distance of 162.32 feet to the PD71~'P OF i trance ogntinuing South 0°22'31" West, a distance Of 50.00 feet t0 A ~G7.tIC! thence leAV3xJ3 said liaatar2~y bo~atdary North 89°56'06" west. a distance of 533.49 feat ~ a yoi~t, t1~etlCe txreh 0.23'12' Isaet. a distance of 50.00 fact to a point; thence South 99.56'06" East, a distance of 533.49 feet to the p02NJ' OF' ING 97081773 Asa :~?, :t~CpROER .c. OA71G LAVAF.RO BQISE 10 ~iR?5T AMERlt3~IN 3iTLE G0. '97 OCT 2 Pik 4 13 ~a PEE~'~ ,. ~fP ReCOROED k1 iNf' Rfou 5T of ~i4t.(0. ~.`a1Jt1['x ~ AL I. t. ~+p4 Ne'v.ra,, Raaueda fer A~ 11~n and ab~teaY ooP7 of Ind. Ne,----~-~i ~ b an tewrd 6n fleok~~ ,e Wec~~, 1N W?I'N~ ~tER1EC~, i lt~ve ~ dy e(~- J. UA~YID l~1A~'A ~r,;-~ ,., ~~ ~_ 1.,..~. • /~ i l°'~hth'',~''.~.~+°~.°:~.~°.~'t'e ~d y ii Sall. rit~.b7ltblsl eeal~ljJj ^~ ~~ ~f ~1 .; 1 U i I U 1 c ~f SJ ~ .. _ -- _ _ ~ _ : ~ ... ... . , -~ ... ~ J DEVELOPMENT AGRE ~'~ ~ ~! ~ [ TROUTNER BUS INES 8 PARR ] ; -, -- ~ i ~ • ~ r ~ r-1 - ~ :-. 7~J ~1 ~:.., ,~ r~. 2~I da THIS AGREEMENT, made and entered into_ _this ~`n.~ sue- , 1997, by and between the CITY OF MERID~ ::: a municipal corporation of the State of Idaho ("CITY"), and Troutner Business Park Development Corporation, an Idaho corporation, whose address is c/o James Ballantyne, 10250 Whispering Cliffs Drive, Boise, Idaho 83704 ("Developer"). WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" (the "Property"), which is attached hereto and by this reference incorporated herein as if set forth in full [DEVELOPER is the successor in interest of the prior owners, David Nordling, Paul Troutner, Art Troutner, Jim Ballantyne and others, most of whom are now shareholders of DEVELOPER herein]; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and DEVELOPMENT AGREEMENT - 1 d/realest/trout2de.ti+pd ~"'° roved $ app - d and the CITY ha to General pER has s'lbmitte of the pr°pertye ~L.O) and EAS r the DEVELO atlotl and Zoning d Limited Off 1C ty ; and ER ex an er WH .cation for ann ercial ~C.6) for said pr°p at the pu~'lic ar-appli nd Service Comm relim1narY plate resentati°ns fission as t° Retail a ed a final p made some r p Zoninq Comm would be has supmytt the DEVELOPER anning and improvements WHERF'AS ~ the l~erldyan Pl ed and what and hearing bef °re Dula b develop co dltlons e n the land w oritY to placeertYi and o7.e s how e i and CITY has aut eZOnitlq of propcess°rs) ~ a s e mad the or r cede a sam WHEREAS ~ on annexation through its p CITY to have th ereof . estrictions `ip he DEVELOPER ~ e nest to the CITY a plat th d as r WHEREAS , t d ~ has made r q mitred to the b the CITY an Dyed er of said laY- Y / and has Sub r annexation y red and appr own ed to said CIT en approved f° the CITY adop annex ropertY has be on or re2°ne aw - and f LaW required tl L The p of the annexe Conclusions of Conclusions of and part s °f Fact and ing5 °f Fact and went Agreement elusions °f F lndlnq F,p,S ~ the F lnd into a Develop ct d Con th an if e DER ELOPER enter a Findings °f Fa e_annexatl°n that the D~ the CITY in th sub~ect to d eement• WHEREASr the property evel°pment Aqr annexed rater Into a D GREED AS FOLLOWS. w La 'ELOPER did note IT IS HEREBY A DEV NO , THEREFORE. W EVENT _ 2 OpMENT AGR pEVEL trout2de.wpd d/realest/ DEVELOPER agrees, and hereby binds its successors and assigns to this agreement, in consideration for the annexation of the Property as follows: 1, That the above recitals are contractual and binding and are incorporated herein as if set forth in full, and the terms of this Agreement cannot be altered, changed or modified without the express written consent of the CITY . 2, Zonin That the development of Property shall be only for General Commercial and Service Commercial (C-G) and Limited Office (L-0) and developed as a Commercial Planned Development and all applications to develop. lots shall be processed under the Conditional Use Permit process for the CITY of Meridian. 3. Non Development A reement (Phase III: Upon execution hereof the parties agree to execute a "Non-Development Agreement" for the Phase II portion of this subdivision. DEVELOPER agrees that if the City needs or desires a required improvement to be completed in Phase II, CITY shall inform DEVELOPER in writing and DEVELOPER agrees to commence construction of those Phase II improvements contained in the CITY's letter within sixty (60) days from the receipt of the CITY's letter and complete those improvements within 180 days of CITY's letter. DEVELOPMENT AGREEMENT - 3 d/realest/trout2de.apd 4. No Plat Changes: There shall be no change to increase the number of lots shown in the final Plat approved by the CITY of Meridian, which is incorporated herein as if set forth in full herein. (This plat is depicted in Exhibits B-1 and B-2 attached hereto.) 5. Subdivision Improvement Plans: DEVELOPER will, before construction commences, file or cause to be filed with the CITY Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, curbs, gutters and sidewalks utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within that Phase of the subdivision, which Plans and all improvements shown thereon shall meet the approval of the CITY Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. DEVELOPMENT AGREEMENT - 4 d/realest/trout2de.Wpd 6. Installation of Infrastructure: DEVELOPER will, at its own expense, (and subject to that Non-Development Agreement attached hereto), construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, cable TV lines, telephone lines, curbs, gutters and sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas, and television lines as required for the development. ~. Infrastructure Installation Standards: DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the CITY Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. DEVELOPMENT AGREEMENT - 5 d/realest/trout2de.upd g. Construction Schedule• Advance Notice to Meridian Engineer: DEVELOPER will provide the CITY Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements it intends to complete and .the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the CITY Engineer. g. Corrected Original Drawincts: DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location of the various water, sewer, utility and pressurized irrigation lines, and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are. true and correct. DEVELOPMENT AGREEMENT - 6 d/realest/trout2de.wpd 10. Notification of Completion: DEVELOPER will, immediately upon the completion of any such constructed portion, or portions of said development, notify the CITY Engineer and request his inspection and written acceptance of such completed improvements. 11. Com letion of Im rovements b CITY of Meridian• Notice• Hearing: DEVELOPER agrees, that upon a finding by the CITY Council, duly entered in the official minutes of the proceedings of the CITY Council, that a portion, or portions, of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the CITY Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the CITY Council and unless the DEVELOPER has been notified in writing of the time DEVELOPMENT AGREEMENT - 7 d/realest/trout2de.upd and place of such meeting at least three (3) days. prior thereto and has been given an opportunity to be present in person or by counsel,. and to be heard on the merits of the proposed finding. 12. Developer Completion of Improvements; Hearing: DEVELOPER agrees that upon its having received written notification from the CITY Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements .specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the CITY Council at any regular meeting after any Certificate of Occupancy or any water service shall have ' been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall DEVELOPMENT AGREEMENT - 8 d/realest/trout2de.wpd be final, except that the rights of the parties are preserved at law and equity. _ _,_~.. Tr~tai~ation: 13. Meriula~~ ~.~~„~... --- DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5%) per annum, until paid. __a.._ . 14 . Release of Security Interest. 14.1 Security Interest: DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER'S failure to complete such installation, the CITY may install such DEVELOPMENT AGREEMENT - 9 d/realest/trout2de.wpd improvements and, without notice, foreclose- this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho. 14.2 Release of Security: Upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein and/or release any other security posted under Section 14.4 below against all or any Phase or portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. 14.3 Subordination to Lender: The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take DEVELOPMENT AGREEMENT - 10 d/realest/trout2de.apd reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. 14.4 Bonds and Other Security: The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. Late Comers Agreements: It is agreed that as part of this Development DEVELOPER will install a sewer line off property of approximately 1,388 feet (from the entrance of the Development to the manhole cover on Taylor Avenue). DEVELOPER may also install a. water line 533 feet from Meridian Road to the east edge of the Development. The cost of these installations shall be paid by DEVELOPER. However, since each of these off-site improvements can be used by the other land owners, it is agreed that the DEVELOPER shall request that the CITY enter into a late comers agreement concerning these utility extensions usable by other parties. DEVELOPER agrees to design and construct such facilities subject to DEVELOPMENT AGREEMENT - 11 d/realest/trout2de.wpd the CITY's approval of the design of the facilities. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work which would apply to a late comers agreement. The CITY's obligation to enter into a late comers agreement to have future users of the water and/or sewer line extension help DEVELOPER pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. Certificates of Occupancy Conditional on Completion of Improvements: DEVELOPER agrees that no.Certificates of Occupancy in a Phase will be issued until all improvements in that Phase are completed and no Certificates of Occupancy shall be issued in any Phase until the improvements have not been installed, completed, and accepted by the CITY; provided, however, that this paragraph 16 shall not apply to the construction of the USDA building on Lot 3 Block 2 , which building will probably be completed prior to the total DEVELOPMENT AGREEMENT - 12 d/realest/trout2de.wpd completion of all other site improvements to Phase I. The construction of this USDA building shall be subject to Meridian approvals outside of this Development Agreement. 17. Special Conditions: DEVELOPER agrees to the following special conditions and development requirements: 17.1 Perimeter Fence: To construct permanent fencing as approved by the CITY of Meridian around the perimeter of the development (except for the perimeter adjacent to Franklin Road, roadways, pedestrian easement areas, and Eight Mile Lateral crossings). 17.2 Eictht Mile Lateral Fence: As each Phase is developed, DEVELOPER shall install six (6') foot chain link permanent fencing on both sides of Eight Mile Lateral except where roadways are located as shown on the approved Improvement Plans. 17.3 Hammerheads: DEVELOPER shall construct two hammerheads next to Franklin Square Subdivision as shown in the Plat depicted in Exhibits B-1 and B-2. These hammerheads are to be dedicated to ACHD. 17.4 Lot 11 Block 1 Pedestrian Easement: DEVELOPER shall construct with concrete and materials approved by the CITY of Meridian a 12' wide pedestrian/bicycle and emergency easement access way from S.W. 5th Street to DEVELOPMENT AGREEMENT - 13 d/realest/trout2de.wpd Penwood Street on Lot 11 Block (depicted on Exhibits B-1 and B-2), together with approved emergency bollards. 17.5 Ditches; Tiling: DEVELOPER agrees that except for Eight Mile Lateral, all other irrigation or drainage ditches shall be tiled or piped. 17.6 Planting Strips, W. Franklin Road: DEVELOPER agrees to landscape and plant those thirty-five (35') foot Common Area Lots (Lot 1 Block 1; Lot 1 Block 2) along W. Franklin Road. 17.7 Berm and Landscaping Thirty-Five (35'1 Foot Western Striti Adjacent to Franklin Square Subdivision: DEVELOPER agrees to landscape and berm that thirty-five (35') foot strip on the western edge of Lots 6, 7, 8, 9, 10, 12 and 13 of Block 1 which are adjacent to Franklin Square Subdivision (except the area covered by the Hammerheads, the pedestrian/bicycle easement over Lot it Block 1, or the Eight Mile Lateral). 17.8 Pressurized Irrigation: DEVELOPER agrees to install pressurized irrigation for each lot in each Phase together with all necessary pumping facilities. 17.9 Water and Sewer: Extend and construct water and sewer line extensions and connect to the existing Meridian water and sewer lines to serve each Phase of DEVELOPMENT AGREEMENT - 14 d/realest/trout2de.wpd this development as each Phase is constructed and to serve each building lot in each Phase. 17.10 Streets Curbs Gutters and Sidewalks: Construct streets, curbs and gutters and sidewalks of the development which meet CITY and ACHD requirements. 17.11. Right of Way Dedication: Dedicate all required public rights of way from the center line of adjoining public roads. 17.12. Meridian Fees: Pay any usual and customary development fees.or transfer fees adopted by the CITY of Meridian. 17.13 Meridian Ordinances: Comply with all Meridian CITY ordinances. 17.14 Common Area Lots: DEVELOPER agrees to deed the Common Area Lots to the Troutner Business Park Association, Inc. set up in the CC&R's. These Common Area Lots are Lot 1 Block 1; Lot 1 Block 2; and Lot 11 Block 1 (pedestrian/bicycle CITY easement) and the Eight Mile Lateral Common Area lots which are Lots 5 Block 1, Lot 5 Block 2, Lot 13 Block 2, and Lot 5 Block 3. The CC&R's shall provide that these lots shall be maintained by the Association. DEVELOPMENT AGREEMENT - 15 d/realest/trout2de.wpd 17.15 Storm Drainage: DEVELOPER agrees to provide storm drainage as approved by the Engineer for the CITY of Meridian. 18. Notices: That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY OF MERIDIAN: CITY Engineer CITY of Meridian 33 East Idaho Meridian, ID 83642 DEVELOPER: Troutner Business Park Development Corporation c/o James H. Ballantyne 10250 Whispering Cliffs Drive Boise, Idaho 83704 COPY TO: James W. Kiser Attorney at Law PO Box 190718 Boise, Idaho 83719 19. Recording Fees: That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. Run with the Land: All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER'S heirs, successors or assigns. DEVELOPMENT AGREEMENT - 16 d/realest/trout2de.wpd 21. Approval by CITY of Meridian: This Agreement shall become valid and binding only upon its approval by the CITY Council and execution of the Mayor and CITY Clerk. 22. De-annexation: That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or its assigns 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. DATED the date, month and year first appearing. DEVELOPER: Troutner Business Park Development Corporation By ames H. Ball tyn esident Mary B Yantyne, Se etary/Treasurer CITY ¢F~MERIDIAN C.~ ert D. Corrie, Mayor ATTEST: illiam G. Berg, J . , City Clerl~~ .,°~''~o s S~~ DEVELOPMENT AGREEMENT - 17 7 d/realest/trout2de.upd .~ ~, ,~ .~ STATE OF IDAHO ) :ss. County of Ada ) On this ~~~_ day of , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared JAMES H. BALLANTYNE and MARY BALLANTYNE, known, or proved to me, to be the President and Secretary/Treasurer of Troutner Business Park Development Corporation and acknowledged to me that they executed the same on behalf of the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, .the day and year in this certificate first above written. ~~ . R 4, ~. , ~y .: ~ •• , ') CIS ~STATE._QF. S13AH0 `, ). .. - :ss. County,': of: Ada ) Notary Publier or. Idaho Residing at• ~. _ My Commission Expires: 3 ~ _ i v On this ~D~ day of 1997, before me, the undersigned, a Notary Public in d for said State, personally appeared ROBERT D. CORRIE and WILL AM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said CITY of Meridian 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. ~~~~ G E ~~L ~~,,~~~~,, ~ G . ~,oa...,.~q~. ~• Q. i W NOTARY = - +~~ AU \G ~* Re BL ~ M .a (SEAL) y ~ ~R. ~~ ~ ' ~~~~~rii~~~~~~-~~~~~ [public '"for aho g at' ~'r~'~Q" fission Expires: 4 DEVELOPMENT AGREEMENT - 18 d/realest/troutZde.apd A PARCEL OF LAND LYING WITHIN THE NORTHEAST 1 /4 OF SECTION 13, TOWNSHIP 3 NORTH, RANGE' 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ALUMINUM CAP MONUMENT MARKING THE NORTHEAST CORNER OF SAID SECTION 13; THENCE ' WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF FRANKLIN ROAD, A DISTANCE OF 1328.20 FEET TO A BRASS CAP MONUMENT MARKING THE EAST 1/16TH CORNER OF SAID SECTION 13; THENCE CONTINUING WEST ALONG SAID SECTION LINE, A DISTANCE OF 362.70 FEET TO THE REAL POINT OF BEGINNING; THENCE SOUTH 00 DEGREE 08'25" WEST A DISTANCE OF 613.70 FEET; THENCE NORTH 72 DEGREES 09'35" WEST A DISTANCE OF 316.95 FEET TO THE EAST BOUNDARY OF FRANKLIN SGIUARE SUBDIVISION AS RECORDED IN BOOK 44 OF PLATS AT PAGES 5587 & 5588; THENCE SOUTH 00 DEGREE 08'58" WEST ALONG SAID EAST BOUNDARY A DISTANCE OF 1363.46 FEET; THENCE SOUTH 85 DEGREES 41'00" EAST A DISTANCE OF 147.41 FEET TO AN IRON PIN; THENCE NORTH 79 DEGREES 55'00" EAST A DISTANCE OF 523.48 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 142.00 FEET; THENCE NORTH 89 DEGREES 52'13" EAST A DISTANCE OF 790.35 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 23'12" EAST A DISTANCE OF 329.06 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 56'06" WEST A DISTANCE OF 128.95 FEET TO AN IRON PIN; THENCE NORTH 00 DEGREE 18'07" EAST A DISTANCE OF 663.29 FEET; THENCE NORTH 89 DEGREES 58'05" WEST A DISTANCE OF 663.21 FEET; THENCE NORTH 00 DEGREE 13'31" EAST A DISTANCE OF 349.76 FEET; THENCE WEST A DISTANCE OF 123.99 FEET; THENCE NORTH 00 DEGREE 13'48" EAST A DISTANCE OF 313.10 FEET; THENCE WEST A DISTANCE OF 238.73 FEET TO THE REAL POINT OF BEGINNING. EXCEPTTHAT PORTION LYING WITHIN FRANKLIN ROAD RIGHT-OF-WAY. ExA; a; t A EXHIBIT B? n C .___ _ .= ~.nzs.eo w ItT9l~ _ u ~oaor _ _ C~ O III 'h7N'A75'Nw4,s D7~U/1d111 °z W~U d Z ~ ~~ O^~ J ~ W ~~ZQ~O ~ < ~9 ~ ~o = ~ ~ .. I- 5F Q -gym 00 ~ ~s ~ ~a ~ N w 3 j ~ ~ ~ ~~, ~ OU ~ Q ~~`~ ~ Z ^~, NZF=Q < z ~ "~ ~ ~o ~ ~~~ [~, m d O 6 ~~~ n n~~ ti.] Q ¢ W ~ ~~ ~9nj Q d ~ 7nf! N N 8 j~ ~i~7Nti,rw ~~ N i n ~~ $n ~ ~ b A ~ ~~~ &i ~~ ~ ~ ~ ~ ~~ ~~ ~ ~ ~ ~ ~ . ~ ~~ ~ ~~ ~~ ~ ~ ~~ ~ ~_ ~ ~ ~~ ~ ~~~~ . ~ a~ g ~ ~ ~ ~ ~~ ~~ ~ i ~ ~ ~~ ~ ~~ N 8 8 ~~ 7 0 0 S ~ ~t ~ ~~ O +~ ~~ ~~1•s a p ~ w ~/ N~m ~~ A ~L e4 crs „~ a ~ „g~ ~ ~a ~ Q 33 ~ ~ ~ . ~ '~Si ~ as Not to Scale a aR Y A a 3~ ~~ ~~ ~~ ~ ~ ~ ~~~~~~ ~~~~~ eee••s< ~ ~ ~0 II~ ~ror3B ~o srsre ~c•csst 3 .ao.oaoe x ~p c s oars ,i • RN/~ M XSNC EXHIBIT B2 a U7.~t R _ N ~q~'! g20Ae ~ I I mwR :g r ~ il; y g~ I~ O I ] t R I i e'-J v ~ ~ II '~ 9~ T .b R N8 O O JL S 7C ~,,,I, ~, ~",,.,,.~ N 90'00'00" E 2657.31' 8~ N Iln~ ~~ ~ soo R °0 ~~ I I ~I ~ I ~~ R n _ ~ II ~ II S 444 I a . R #~- Not to Scale ~ as f/1 f l'S Lt e OM ygtq~ ~~ ~~ '. ~ a s ~ ~v y~y ~ L ~ ~ ~ a ~. I ~!i ~ ~I G .m rww~. n l N o~ w ~~ eas.2t• w erx•OS w I ® i~l 7 • _' F ~x ~ ®~~ ~I s. ~~~s a z 020.20' n ~ '. et'S CI'e CS LCS 'tK'1 •ON ~~~ ~~ ~ ~~ ~a~ a~~~ ~~~ ~~~~~ ~~~ R ~ ~~ 8 ~~C~~~ CEO 0 5 ~~~ ~~~x~ ~~~ ~~~i~ ~~~~ ~ z®~ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF JOHN BISS FOR ) FINDINGS OF FACT AND CONDITIONAL USE PERMIT FOR ) CONCLUSIONS OF LAW AND A GENERAL AUTO REPAIR AND ) DECISION AND ORDER SERVICE FACILITY 1334 E. 1sT ) GRANTING CONDITIONAL USE AVE. MERIDIAN ) PERMIT The above entitled conditional use permit application having come on for public hearing on January 5, 1999, at the hour of 7:30 o'clock p.m., the Applicant, John Biss, having appeared and a report was received from the Planning and Zoning Administrator, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Order of Decision: FINDINGS OF FACT 1. The notice of public hearing on the application for conditional use permit was published for two (2} consecutive weeks prior to said public hearing scheduled for January 5, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more. than fifteen (15) days prior to said hearings and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 1 that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the January 5, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6512(b) and 67-6511, and §§ 11-2-418E and 11-2-416E,F, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 -January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to this application for conditional use permit is described as follows: PARCEL I: A parcel located in the Southeast quarter of the Northeast Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 2 Commencing at a 5/8" diameter iron pin marking the Northeasterly corner of said Southeast quarter of the Northeast quarter (N1/16 corner) from which a brass cap marking the Southeasterly corner of said Southeast quarter of the Northeast quarter bears South 0°22'31" West, a distance of 1327.15 feet; thence South 0°22'31" West, along the Easterly boundary of said Southeast quarter of the Northeast quarter, a distance of 212.32 feet to a 5/8" diameter iron pin and the POINT OF BEGINNING; thence continuing South 0°22'31" West, a distance of 114.93 feet to a 5/8" diameter iron pin; thence leaving said Easterly boundary South 89°52' 13" West, a distance of 533.53 feet to a 5/8" diameter iron pin; thence North 0°23' 12" East, a distance of 116.74 feet to a 5/8" diameter iron pin; thence South 89°56'06" East, a distance of 533.49 feet to the POINT OF BEGINNING. EXCEPT DITCH AND ROAD RIGHTS-OF-WAY AND ANY PORTION OF MERIDIAN ROAD. PARCEL II GRANTING AND RESERVE A PERMANENT ROAD EASEMENT, FOR INGRESS AND EGRESS BEING 50.00 FEET IN WIDTH, OVER THE FOLLOWING DESCRIBED LAND: A parcel located in the Southeast quarter of the Northeast quarter of Section 13, Tovcroship 3 North, Range 1 West, Boise Meridian, Ada County Idaho, more particularly described as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 3 Commencing at the Northeasterly corner of said Southeast quarter of the Northeast quarter; thence South 0°22'31" West, along the Easterly boundary of said Southeast quarter of the Northeast quarter a distance of 162.32 feet to the POINT OF BEGINNING; thence continuing South 0°22'31" West, a distance of 50.00 feet to a point; thence leaving said Easterly boundary North 89°56'06" West, a distance of 533.49 feet to a point; thence North 0°23' 12" East, a distance of 50.00 feet to a point; thence South 89°56'06" East, a distance of 533.48 feet to the POINT OF BEGINNING. 5. The subject real property is a narrow rectangular shaped Property abutting Meridian Street (State Highway No. 69) on the east and the Troutner Business Parlc Subdivision on the West. 6. Troutner Business Parlc was granted an easement from the parcel just north of the subject real property to construct a street connecting Meridian Road to Pennwood Street, which would abut the subject real Property to the north. 7. Subject real Property is in a C-G General Retail and Service Commercial Zone and was annexed with the Troutner Business Parlc and is a vacant parcel of ground and the real property is subject to a condition requiring a conditional use permit for all developed uses of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 4 8. The Applicant is the record owner of the property and has Piled a written request for conditional use permit. 9. The Applicant has requested the conditional use permit, and the application was not initiated at the request of the City of Meridian. 10. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 11. The Applicant submitted development plans for the subject real property which are identified as "John's Alignment Brakes, ~ More -Dale Binning Architect dated July 20~', 1998, Sheets A-1 and A-2 and S-1" which depict the site development plan and elevations of the improvements and signage. 12. The applicant proposes to develop the subject 1.3 acre property by the entrance of 30' in the middle of the property to Meridian Road followed by a 20' 6" berm and the 63' in depth across the property of parking a 64' x 80' (5,120 square foot) building consisting of office and reception space and four bays then going further west on the site a 52' 6" parking area and landscaping, all as depicted on the site plan. 13. The applicant proposes to use the real Property for automotive repair and service station. 14. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 5 facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: 14.1 Stormwater will be re-treated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects .involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2) Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works department, January 1997. 14.2 All Uniform Fire Codes and Safety Codes enacted by the City of Meridian to be complied with and in particular regarding water supply and hydrant installation requirements for fire suppression. 14.3 Sewer pretreatment requirements to be met if required as part of the building permit application process. 14.4 Meet all requirements imposed by the Ada County Highway District as a condition of the development and conditional use and that evidence of compliance be furnished by the application as a condition of the issuance of a certificate of occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 6 14.5 In the event a street connecting Meridian Road to Pennwood Street which would abut the subject real property to the north is constructed, and the access to the subject property is changed, the subject property is to be developed with a landscape treatment as is along Meridian Road. 14.6 To ensure that development is timely and that the conditions herein provided which are current standards and based upon existing conditions which could change in time, the conditonal use shall be further conditioned that all improvements and conditions be complied with within two years of the date of this Decision and Order and the Order shall be recorded and shall run with the land and be binding upon all property owners and possessors. 14.7 To provide access or future roadway improvements to the west from Meridian Road to the Troutner Business Parlc. 15. It is found that if the developer pays for the requested improvements and the developer complies with the conditions set forth in these findings of fact no. 14 and all subparts, this will assure that the affected areas and the subject real property will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, and water and sewer. 16. The following hereinafter listed conditions are found to be reasonably required to minimize adverse impact of the proposed conditional use upon other development in the vicinity and to assure that the development is maintained properly: 16.1 The applicant will construct and develop the property in accordance with the conditions set forth in finding 14. 16.2 Applicant will construct and develop the property in accordance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 7 with the site plans designated as part of the record in this matter as John's Alignment Brakes, SL More -Dale- binning Architect dated July 20`x, 1998, Sheets A-1 and A-2 and S-1 which depict the site development plan and elevations of the improvements and signage. 17. The proposed uses are designed and are to be constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; 18. The proposed uses will not be hazardous or disturbing to existing or future neighboring uses if the developer provides and maintains the required berming that is adjacent to the residential neighborhood to the north. Further, the applicant should be required to submit proposals for all lighting and also submit their plans for all types of signage, regardless of type and variety. Further, these conditions should be made requirements of the Development Agreement. The applicant shall be required to enter into a Development Agreement before the annexation and zoning and the conditional use permits are granted; 19. Sewer and water service is available, but the applicant may have to pay additional fees for the use; costs should not be excessive nor detrimental to the economic welfare of the community; 20. The use will not involve activity, process, material, equipment or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 8 conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 21. The use will have vehicular approaches to the property, which as designed will not create an interference with traffic on surrounding public streets; only if the Ada County Highway District Board approves the proposed roadway through this development. This conditional use permit and the accompanying annexation and zoning requests must be contingent upon Ada County approving the roadway through the development; This should also be a condition of the Development Agreement and required to be entered into by the applicant before any approvals are required. 22. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 23. The requested conditional use is consistent with the requirements and allowed uses in General Retail and Service Commercial (C-G) zoning district and it has been found by this City Council at the time of annexation and zoning of the subject property that the same was compatible with the Comprehensive Plan. 24. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 25. There are no major or scenic features of major importance that affect the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 9 consideration of this application. 26. The City Council finds that the proposed conditional use permit subject to the conditions herein imposed is also compatible with the Comprehensive Plan of the City of Meridian because: 26.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high-quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 26.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 26.3 The expansion of commercial development is facilitated by the proposed development plan of this application subject to the conditions herein set forth. 26.4 The application is consistent with Meridian's self identity. 26.5 The subject application is relevant to the "Goals of the Comprehensive Plan" as set forth at page 5 there of as follows: a. Meridian's environmental quality is provided for as set forth in the plan by the provisions of the plan to improve the total natural environment by the adoption by the City of a City-wide and Urban Service Planning Area policies, which deal with area- specific policies and programs. b. The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 10 existing and future residents, of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. c. The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community is achieved by applying the criteria of the Comprehensive plan and the zoning ordinances of the city all applications such as the subject property. d. The Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ord. No. 629, dated January 4,1994 also provides, and it is found by the city council, that this application is consistent with the following provisions thereof on page 15 under Economic Development that with the City's growing population and job base comes the need for increased municipal services and the necessity to improve existing service delivery systems. The cost of providing these services presents a fiscal challenge to the City. Meridian can meet this challenge in part by continuing to expand its economic base and creating new job opportunities for citizens. Commercial Activity Centers: Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas should be set aside as Commercial Activity Centers and their development carefully guided. Various commercial activity centers are designated on the generalized land use map. Planning policies pertaining to commercial activity centers are presented in the land use chapter of the plan. Economic Development Goal Statement: Meridian seeks to stimulate, encourage and give preference to those types of economic activities and developments which provided for the employment of Meridian citizens and area residents, and reduce the need for people to commute to neighboring cities for work. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 11 Policies: 1. The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate to Meridian. 2. It is the policy of the City of Meridian to set aside areas where commercial and industrial interest and activities are to dominate. 3. Positive programs should be undertaken to support existing industrial and commercial areas to ensure their continued vitality, such as: Zoning changes to assure desired economic development. Land Use: Commercial and retail areas are established along major arterials, (East First Street, Cherry Lane, Fairview Avenue, Franklin and Meridian Roads) and include small commercial centers and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Commercial Policies: Encourage new commercial development within under-utilized existing commercial areas. Encourage commercial uses, offices and medical-care uses to located in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. Special Community Design Areas Goal Statement: Promote, encourage, and enhance anaesthetically-pleasing community by requiring good design and appearance in all. special areas. Policies: 1. Require businesses and government to install and maintain landscaping. 2. Encourage area beautification through uniform sign design FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 12 that enhances the community. 3. Encourage the beautification of streets, parking lots, public lands, and state highways. 4. Encourage the use of attractive open space, landscaping, lighting and street furniture for the benefit of the public. 26.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 26.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 26.7 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 26.8 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 27. The proposed uses, subject to the conditions as found by the Council, would be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 13 28. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 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 property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 65-6512 and pursuant to 11-2-418 of the Zoning and Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and State. 4. The property is zoned (C-G) General Retail and Service Commercial designation. The (C-G), General Retail and Service Commercial is described in the Zoning Ordinance, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 14 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." 5. The Zoning Schedule of Use Control as contained in the Zoning and Development Ordinance of the City of Meridian, Section 11-2-409, provides and regulates the type of use allowed as either a permitted use, a conditional use, or permitted as an accessory use or not permitted. In the (C-G) zone automobile repair shops are required to have a conditional use permit and automotive service stations are a permitted use in said zone. 6. Conditional Use Permit is defined in the Zoning and Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 7. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Section 11-2-418H Municipal Code of the City of Meridian and Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418(D) authorizes the City to prescribe a set time period for which is a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 15 conditional use may be in existence. 8. Section 11-2-418D states as follows: "In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence." 9. This application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning and Development Ordinance of the Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 10. Section 11-2-418 C of the Zoning and Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH ARE HEREIN ADOPTED, THE CITY COUNCIL DOES HEREBY ORDER AND THIS DOES ORDER that the applicant, John Biss, is hereby granted a conditional use permit FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 16 subject to the following terms and conditions to-wit: That the property which is subject to the conditional use permit is described as follows: PARCEL I: A parcel located in the Southeast quarter of the Northeast Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8" diameter iron pin marking the Northeasterly corner of said Southeast quarter of the Northeast quarter (N1/16 corner) from which a brass cap marking the Southeasterly corner of said Southeast quarter of the Northeast quarter bears South 0°22'31" West, a distance of 1327.15 feet; thence South 0°22'31" West, along the Easterly boundary of said Southeast quarter of the Northeast quarter, a distance of 212.32 feet to a 5/8" diameter iron pin and the POINT OF BEGINNING; thence continuing South 0°22'31" West, a distance of 114.93 feet to a 5/8" diameter iron pin; thence leaving said Easterly boundary South 89°52' 13" West, a distance of 533.53 feet to a 5/8" diameter iron pin; thence North 0°23' 12" East, a distance of 116.74 feet to a 5/8" diameter iron pin; thence South 89°56'06" East, a distance of 533.49 feet to the POINT OF BEGINNING. EXCEPT DITCH AND ROAD RIGHTS-OF-WAY AND FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 17 ANY PORTION OF MERIDIAN ROAD. PARCEL II GRANTING AND RESERVE A PERMANENT ROAD EASEMENT, FOR INGRESS AND EGRESS BEING 50.00 FEET IN WIDTH, OVER THE FOLLOWING DESCRIBED LAND: A parcel located in the Southeast quarter of the Northeast quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho, more particularly described as follows: Commencing at the Northeasterly corner of said Southeast quarter of the Northeast quarter; thence South 0°22'31" West, along the Easterly boundary of said Southeast quarter of the Northeast quarter a distance of 162.32 feet to the POINT OF BEGINNING; thence continuing South 0°22'31" West, a distance of 50.00 feet to a point; thence leaving said Easterly boundary North 89°56'06" West, a distance of 533.49 feet to a point; thence North 0°23' 12" East, a distance of 50.00 feet to a point; thence South 89°56'06" East, a distance of 533.48 feet to the POINT OF BEGINNING. 2• The use of the subject property shall be developed in accordance with the site plan, which is identified as "John's Alignment Brakes, St More -Dale Binning Architect dated July 20~', 1998 Sheets A-01 and A-2 and S-1"which depict the site development plan and elevations of the improvements and signage. 3• The use of the subject property shall be as an automotive repair and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 18 service station. 4. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: 4.1 Stormwater will be re-treated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2) Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works department, January 1997. 4.2 All Uniform Fire Codes and Safety Codes enacted by the City of Meridian to be complied with and in particular regarding water supply and hydrant installation requirements for fire suppression. 4.3 Sewer pretreatment requirements to be met if required as part of the building permit application process. 4.4 Meet all requirements imposed by the Ada County Highway District as a condition of the development and conditional use and that evidence of compliance be furnished by the application as a condition of the issuance of a certificate of occupancy. 4.5 In the event a street connecting Meridian Road to Pennwood Street which would abut the subject real property to the north is constructed, and the access to the subject property is changed, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 19 subject property is to be developed with a landscape treatment as is along Meridian Road. 4.6 To ensure that development is timely and that the conditions herein provided which are current standards and based upon existing conditions which could change in time, the conditional use shall be further conditioned that all improvements and conditions be complied with within two years of the date of this Decision and Order and the Order shall be recorded and shall run with the land and be binding upon all property owners and possessors. 4.7 The applicant will construct and develop the property in accordance with the conditions set forth in Finding of Fact No.14. 4.8 Applicant will construct and develop the property in accordance with the site plans designated as part of the record in this matter as John's Alignment Brakes, ~ More -Dale binning Architect dated July 20th, 1998, Sheets A-1 and A-2 and S-1 which depict the site development plan and elevations of the improvements and signage. 4.9 To provide access or future roadway improvements to the west from Meridian Road to the Troutner Business Parlc. It is therefore concluded that the conditional use permit for the subject property is in the best interest of the City of Meridian, and it is ordered that the conditional use permit shall be conditioned upon meeting the requirements of this Decision and Order, and if the conditions hereinabove are not complied with by the applicant, the applicant shall not be entitled to hook up to water and sewer nor obtain an occupancy permit or a temporary occupancy permit unless compliance with these conditions would naturally require temporary hook up and temporary occupancy permit in order to complete the development as is required by this permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 20 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 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 may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER The City Council of the City of Meridian hereby adopts and approves this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER. ROLL CALL COUNCILMAN KEITH BIRD VOTED ~ ~~~ COUNCILMAN RON ANDERSON VOTED COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN GLENN BENTLEY VOTED ~- MAYOR ROBERT CORRIE (TIE BREAKER) VOTED-- `~ MOTION: ---- ' _ ... _ DISAPPROVED: APPROVED~r- .~ REcErv~D JAS 1 9 1999 ey/Z:\Governtnent\Work\NI\Meridian 15360M\BissFCSCUP.Ord CITY OF MERIDIAN FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 21 R,~°E~D FEB 0 5.1999 BEFORE THE MERIDIAN CITY COUNCIL CI1"YUF M~E~i.IDI~G FLAG & Z®G~ IN THE MATTER OF THE APPLICATION OF ) JOHN BISS FOR CONDITIONAL USE ) ORDER OF CONDITIONAL PERMIT FOR A GENERAL AUTO REPAIR ) APPROVAL OF AND SERVICE FACILITY 1334 E. 1ST AVE,. )CONDITIONAL USE PERMIT MERIDIAN, IDAHO ) This matter coming before the City Council without public hearing under the provisions of § 11-2-418 E Municipal Code of the City of Meridian for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: A Conditional Use Permit is herein granted to John Biss for an automotive repair and service station upon the real property described hereinbelow and located at 1334 East 1St Ave., Meridian, Idaho. This permit is subject to the following terms and conditions: 1. That the property which is subject to the conditional use permit is described as follows: PARCEL I: A parcel located in the Southeast quarter of the Northeast Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8" diameter iron pin marking the Northeasterly corner of said Southeast quarter of the Northeast quarter (N1/16 corner) from which a ORDER OF CONDITIONAL APPROVAL 1 OF CONDITIONAL USE PERMIT JOHN BISS /GENERAL AUTO REPAIR AND SERVICE FACILITY - 1 brass cap marking the Southeasterly corner of said Southeast quarter of the Northeast quarter bears South 0°22'31" West, a distance of 1327.15 feet; thence South 0°22'31" West, along the Easterly boundary of-said Southeast quarter of the Northeast quarter, a distance of 212.32 feet to a 5/8" diameter iron pin and the POINT OF BEGINNING; thence continuing South 0°22'31" West, a distance of 114.93 feet to a 5/8" diameter iron pin; thence leaving said Easterly boundary South 89°52'13" West, a distance of 533.53 feet to a 5/8" diameter iron pin; thence .North 0°23'12" East, a distance of 116.74 feet to a 5/8" diameter iron pin; thence South 89°56'06" East, a distance of 533.49 feet to the POINT OF BEGINNING. EXCEPT DITCH AND ROAD RIGHTS-OF-WAY AND ANY PORTION OF MERIDIAN ROAD. PARCEL II GRANTING AND RESERVE A PERMANENT ROAD EASEMENT, FOR INGRESS AND EGRESS BEING 50.00 FEET IN WIDTH, OVER THE FOLLOWING DESCRIBED LAND: A parcel located in the Southeast quarter of the Northeast quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho, more particularly described as follows: Commencing at the Northeasterly corner of said Southeast quarter of the Northeast quarter; thence South 0°22'31" West, along the Easterly boundary of said Southeast quarter of the Northeast quarter a distance of 162.32 feet to the POINT OF BEGINNING; thence continuing ORDER OF CONDITIONAL APPROVAL z OF CONDITIONAL USE PERMIT JOHN BISS /GENERAL AUTO REPAIR AND SERVICE FACILITY - 2 South 0°22'31" West, a distance of 50.00 feet to a point; thence leaving said Easterly boundary North 89°56'06" West, a distance of 533.49 feet to a point; thence North 0°23'12" East, a distance of 50.00 feet to a point; thence South 89°56'06" East, a distance of 533.48 feet to the POINT OF BEGINNING. 2. The use of the subject property shall be developed in accordance with the site plan, which is identified as "John's Alignment Brakes, & More -Dale Binning Architect dated July 20th, 1998 Sheets A-01 and A-2 and S-1" which depict the site development plan and elevations of the improvements and signage. 3. The use of the subject property shall be as an automotive repair and service station. 4. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed developmentwill not impose expense upon the public if the following conditions of development are imposed: 4.1 Stormwater will be re-treated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design ofthis project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2) Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works department, January 1997. 4.2 All Uniform Fire Codes and Safety Codes enacted by the-City of Meridian to be complied with and in particular regarding water supply and hydrant installation requirements for fire suppression. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT JOHN BISS /GENERAL AUTO REPAIR AND SERVICE FACILITY - 3 4.3 Sewer pretreatment requirements to be met if required as part of the building permit application process. 4.4 Meet all requirements imposed by the Ada County Highway District as a condition of the development and conditional use and that- evidence of compliance be furnished by the application as a condition of the issuance of a certificate of occupancy. 4.5 In the event a street connecting Meridian Road to Pennwood Street which would abut the subject real property to the north is constructed, and the access to the subject property is changed, the subject property is to be developed with a landscape treatment as is along Meridian Road. 4.6 To ensure that development is timely and that the conditions herein provided which are current standards and based upon existing conditions which could change in time, the conditional use shall be further conditioned that all improvements and conditions be complied with within two years of the date of this Decision and Order and the Order shall be recorded and shall run with the land and be binding upon all property owners and possessors. 4.7 The applicant will construct and develop the property in accordance with the conditions set forth in Finding of Fact No.14. 4.8 Applicant will construct and develop the property in accordance with the site plans designated as part of the record in this matter as John's Alignment Brakes, & More -Dale binning Architect dated July 20th, 1998, Sheets A-1 and A-2 and S-1 which depict the site development plan and elevations of the improvements and signage. 4.9 To provide access or future roadway improvements to the west from Meridian Road to the Troutner Business Park. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT JOHN BISS /GENERAL AUTO REPAIR AND SERVICE FACILITY - 4 Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of § 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on January 19, 1999. . By: ~i' ERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works Departure gy: Dated: / ~ `/ ~~ I y Clerk ``~,>>~llt4lflltlr~~jlf msg\D:\MyFiles\Meridian City File\Findings2\ORDER OF CONDITIONAL APPROI(~LLQ~~~~~S~KP~LLY APPROVING PRELIMINARY PLAT\BISS JOHN Order of Conditional Approval CUP.doc `\~~~a"~ T µ~{~v ~'.~~~~ ~~ ,, ~L _ ~~tli~Ji3fi rytt~~~~ ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT JOHN BISS /GENERAL AUTO REPAIR AND SERVICE FACILITY - 5 ,.. ASS BEFORE THE MERIDIAN CITY COUNCIL OF THE CITY OF MERIDIAN JIM BAT.T.nrrrYNE ANNEXATION AND ZONING A PORTION OF THE NE 1/4 SECTION 13 T 3N R1 W MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on October 17, 1995, 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 Meridian City Council having heard and taken oral and written testimony and the Applicant appearing through Janelle Sanford, a designated representative for Mr. Wayne Forrey, who is the representative for Mr. Ballantyne, and having duly considered the matter, the Meridian City Council .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 October 17, 1995, the first publication of which was fifteen (15) days prior to said heaping; that the matter was duly considered at the October 17, 1995, 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 - BALLANTYNE Page 1 annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 38.25 acres in size; that the property is located South of Franklin Road and West of Meridian Road; that the parcel carries an R-14 designation and an RT designation in Ada County for zoning. 3. That the Applicant is owner of record of the above referenced property in part, as well as David L. Nordling, Paul Troutner, Art Troutner, Dennis E. Heeb, Edward Jenkins and N & D, Inc., Norman G. Fuller, President, and they have submitted consents to the application and have requested this annexation and zoning and the application is not at the request of the City of Meridian. 4. That the Applicant requests that the property be zoned General Retail and Service Commercial (C-G) and Limited Office (L- O); that the L-0 District is described in the Zoning Ordinance, 11- 2-408 B. 7. as follows: (L-O1 Limited Office District - The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The (L-O) District is designed t.~ act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the, Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. That the other requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 2 (C-G1 General Retail and Service Commercial: The purpose of the ( C-G ) District is to provide for coffinercial 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. ~~~ /'~n 5. That Applicant's representative stated before the j~ / ~-~`~ Planning and Zoning Commission hearing on August 8, 1995, that the proposed use for the property will be to allow office development and general commercial development for Meridian tax base; that the portion of property next to the residential lots within Franklin Square Subdivision (excluding Lot 17, Blk 5) will be zoned as Limited Office to provide a buffer land use between Franklin Square Subdivision and the Commercial General located along Franklin Road and Meridian Road; that the area surrounding this property is urbanized and includes commercial development, .the Hope Arms Apartments, public indoor and outdoor storage, mobile home park and a residential subdivision; with Limited Office Tocated on the west side of the property as a buffer to the Franklin Square Subdivision, this annexation plan will blend with existing development and support the City's stated desire to have business uses at this location. He also stated that this annexation request complies with the Meridian Comprehensive Plan which supports office and commercial land uses along Franklin .Road and Meridian Road; that it is FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 3 understood by the Applicants that any uses in the L-0 and C-G zone should be processed with a Conditional Use Permit to allow additional public and City review to address site specific issues at the time of development; that the Applicants request a development agreement that addresses the conditional use procedure for all development in this annexed property. And Mr. Forrey testified that approximately one (Ij year ago Troy Green brought before the Commission his application to develop a mobile home park at this location; that it went through the public hearing process.. where the citizens voices were heard regarding protecting local property values, creating a groperty tax base, concern about school attendance and their concerns over having good landscape buffers right next to their subdivision; that the Commission recommended denial and the Application proceeded no further. That this request for annexation to Limited Office and General Retail and Service Commercial will be good for the residents in Franklin Square Subdivision; that any development that would occur there should be done under the conditional use permit process; that maximum citizen involvement is what the residents requested during the T-_oy Green project and this will offer ',:he residents total involvement as to what is developed at the site. Mr. Forrey testified that the developer would expect there to be a development agreement fully approved and negotiated before any processing of any conditional use permits on the property; that to this date, no specific use has been expressed; that the staff FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 4 reports have been reviewed by the developer and that there are no objections; that the residents/neighbors would give input as to type and how wide the landscaping buffer would be; that a good setback of maybe 35 feet along the back on the west edge of the L-O and next to Franklin Square Subdivision with a creative kind of easement that would give the people that back up to this property a way to access their backyards, is something that can be easily worked out in each development proposal; .that as far as the business uses there is really no demand to use the local streets, Pennwood or Barrett; that. the attraction is Meridian and. Franklin Roads and the two business interests that the developer is looking at now are offers to get access to both of those arterials; that it is entirely possible to have either no connection and cul-de-sac those streets or a very indirect way as an outlet and a convenience to the subdivision but not necessarily be a convenience or necessary for the office or commercial development and that any connection there would be fairly secondary and not primary at all in the development concept. Ms. Sanford testified before the Council that the Findings of Fact and Conclusions of Lav were reviewed and that they were acceptable; that a few concerns exia<: regarding the connection through Pennwood or Barrett ,treets. 6. That the developer, Jim Ballantyne, testified before the Planning and Zoning Commission that a small strip of land owned by Norm Fuller may be an easement; that it is a 50 foot easement. That the City Attorney, Wayne G. Crookston, Jr. stated that the 50 FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 5 foot easement would have to be annexed to be able to be used for a drive and that consent of the -owner would be necessary; that consent was received prior to the preparation of the Findings of Fact for the P & Z Commission. Mr. Ballantyne testified at the City Council public hearing of a conflict which exists in the P & Z Commissions Findings regarding the 35 foot landscape setback on Meridian Road; that the land mentioned there is land owned by Norman Fuller but that Ballantyne has access and owns an easement through Fuller's property; that Ballantyne can't hardly dedicate Mr. Fuller's land to a 35 foot setback for landscaping and sidewalks; that the Ada County Highway District addressed this also and did not require the 35 foot landscaping and setbacks; also there is a conflict regarding the road entrance; that our access to that easement of Fullers fails to line up with a curb cut across the street in a commercial development being done by Rick Thomas; that the center lines are 10 to 15 feet off center; that they could go either way to almost comply, but it would be impossible for this piece of narrow property and the easement that Mr. Fuller gave us; that some agreement can be made regarding access to the neighbors contiguous to this development but that the.:~e is an off set by not having to actually landscape quite that much land; that 35 feet is an excessive amount of off set. 7. There were several who testified at the August 8, 1995, hearing before the Planning and Zoning Commission about the Application; the testimony can be summarized as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 6 a. Mike Weavers testified during the P & Z public hearing regarding what the current zoning of R14 with the County is; he questioned whether Barrett Street and Pennwood Street would remain dead end streets or become cul-de- sacs or through streets; that he would like to see a layout of roadwork of the area designated for L-O and whether roads will be directly behind the houses with a buffer zone and what type of a buffer zone will be available, chain link fence, wooden fence, a grass buffer, or a concrete barrier. b. Raymond Kutch offered testimony regarding the proposed Limited Office (L-0) and how can the City annex something when it does not know what is to be put there and he also questioned as to how C-G allows access through L-O; and with regards to the buffer, he suggested that possibly Applicant would be allowed to buy some land directly behind their homes so they could have a permanent buffer. c. Karen Gallagher, for the Ada County Highway District, testified that staff has discussed in general that the roadway network for this project would begin with a connection to Franklin Road and that would align with a lumber store across the way; that second would be what is coming from Franklin Road; that ACRD is not sure how the easement is going to align as an offset with Gem Street and the approved accesses for the office developments that have been approved south of Gem Street; that details have not been looked at in specifics at this point; that certain proposals are being discussed and would take into consideration the extension of Corporate Drive through the parcel to the south through the rental center; that discussion has begun with some developers and their applicants; that when that road is before us and does become a reality, the Ada County Highway District would be looking for a connection from the extension of Corporate to this development, so stub streets would be a part of that; that connections from residential to office are usually good compatible land uses and the ACHD supports connections between residential and abutting commercial; that vatil ACRD sees specific proposals and those land uses are known, it is hard to make determinations on how it is going to work. Karen Gallagher further stated that the Ada County zone of R14 was a highly dense use which could easily allow duplexes, tri-plexes or four plexes; that as long as there is not a cut through adding more commercial traffic to the residential, but just providing a convenient connection, that there would be at least a 50/50, if not higher chance, that Barrett Street and Pennwood would be FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALIyANTYNE Page 7 continued streets; but there is a possibility, depending on the development that cotes in, that those could be cul-de-sacs and leave them as residential and that staff has been supportive of thosE indirect connections. d. That Sharlene and Doug Danielson testified that the traffic now is of concern; that already people don't observe the stop sign at the corner of Rearney and Pennwood and to say now that the possibility exists that Pennwood is opened up to go through to this new development, the traffic will just be awful; that Mr. Danielson stated that if Pennwood was connected straight through to Meridian Road the access would be such that you could avoid getting on Franklin at all, not only for the residents to the west of this proposed annexation, but also residents to the west of his subdivision who presently use Lynwood or Southwest 12th; that Pennwood would be a very convenient street. for all of those residents to be using; that the stop sign on Southwest 7th and Pennwood is not observed and that 9 out of 10 cars, including police officers who patrol the area, do not come to a complete stop and 3 out of 10 ease through the stop sign, with 6 out of 10 just flat run it; that the speed limit of 25 mph is not enforced and all in all it's an accident waiting to happen. e. That Don and Christine Mace submitted written testimony; that their property is lot #2.0 in Lynhurst Place; that the area to be zoned L-O will be right next. to their backyard; that the request for Limited Office and Commercial General seems more practical and workable than the earlier request for a 240 space mobile home park and that they have no objections to this request; that their concerns lie with the extension of the streets and to the type of buffer between the of€ice areas and the homes; that they do not want to look across their back yard and see a chain link fence with a parking lot and there should be no reason that a green belt type buffer cannot be created between the homes already existing in their subdivision and new office buildings. f. That Joe Rutch testified before the City Council public hearing that he would like an answer from the developer regarding the property owners right behind this proposed annexation having an opportunity to purchase any of this property. That Mr. Ballantyne stated he had no objection to approaching the solution of maybe selling a strip of land to the neighbors there so they have deeded access to their backyards; that the only people impacted visually FINDINGS OF FACT AND CONCLUSIONS OF LAN - BALLANTYNE Page 8 by the development are the neighbors that actually have lots contiguous to the development and that something cold surely be worked out to where they have their access. 8. That Larry Sale, of the Ada County Highway District, testified before the Council to address Mr. Morrow's questions raised with respect to the issue with the road not lining up and where the ACHD's thoughts are with this application. Mr. Sales testified that if it is correct that the 50 foot easement strip centerline is approximately 10 feet north of the centerline of the curb cut into the Rick Thomas development of some office buildings; that the off set is to the detriment of the two driveways and vehicles turning left from Meridian Road into the two driveways at the same time because they would meet at each others steering wheels; that a suggestion perhaps would be that the 50 foot easement could be shifted a five ( 5 ) feet and that the District could work with that without much of a major problem; that if the driveways happen to be the other direction it wouldn't be so severe. Mr. Sales continued to testify that it is the goal of the highway district that a fairly significant roadway be extended out to Franklin Road through this property to get traffic from the interior of this square mile out to Franklin and then the long term plan to extend Corporate Drive west past this proposed development, south into the interior of the square mile to really serve as a collector out of the area; that the district wold expect this development to have access to that collector either directly if the FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 9 collector goes through the southern portion of this development or through some adjoining property and the collector. 9. That Gary Smith, Meridian City Engineer, testified before the Council in answer to Councilmen Morrow's request for any additional input regarding this annexation; that Mr. Smith stated that the sewer service for this property to the north and the east of the Eight Mile Lateral as it crosses, would be towards Franklin Road; that a sewer line in Franklin Road at this time does not exist, however some preliminary plans to construct one prior to the improvement of Franklin Road would be available, but there is no sewer in Franklin from Meridian Road to the west; that there exists an elevation problem slightly west of Meridian Road; that the grade of Franklin Road is going up to get over the Eight Mile Lateral and to get farther west with the sewer is a problem; that tieing into the sewer line that goes in back of Hoff could be brought out to Franklin Road and then extended west in Franklin. 10. Shari Stiles stated that she had no further comments on this development without a plan before her; that it is difficult to assess the compatibility with adjacent development with no plan to look at. 11. That Bruce~r'reckleton, Assistant City Engineer, submitted comments; that water service is contingent upon positive results from a hydraulic analysis; that any existing irrigation/drainage ditches crossing the property shall be tiled; 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 10 wells may be used for non-domestic purposes such as landscape irrigation; that the developer will be responsible for the design and construction of Water and Sanitary Sewer mains into the property and shall meet all of the requirements of the City of Meridian Public Works Department. 12. That Shari Stiles, Planning and Zoning Administrator, submitted comments that a landscape setback of 35 feet beyond the required Ada County Highway District right-of-way along the identified entrance corridors of both Meridian Road and Franklin Road should be provided; that ~a detailed landscape plan will be required as part of a conditional use process; that since no specific plans are shown, that any uses on this site should be considered under the conditional use process and that "strip" development should not be allowed; that a development agreement is required as a condition of annexation. 13. That in prior requests for annexation. and zoning the former Planning Director had commented that annexation could be conditioned on a development agreement including an impact fee to help acquire future school or park sites to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the City and designated in an approved development agreement. 14. That the Ada County Highway District submitted site specific comments regarding this annexation; that 45 feet of right- of-way be dedicated from the centerline of Franklin Road abutting the parcel (20-additional feet) prior to issuance of a building FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 11 permit (or other required permits); that required street improvements of 50 feet of 5 foot sidewalk on Meridian Road abutting the parcel and required street improvements of 260 feet of 5 foot sidewalk on Franklin Road abutting the parcel be made by providing a deposit to the Public Rights-of-Way Trust Fund, prior to issuance of a building permit (or other required permits); that the driveway or street connections to Franklin Road shall align with the existing driveway to the Hoff Building Supply on the north side of Franklin or shall maintain minimum offsets; that driveway or street connections to Meridian Road maintain minimum offsets, and that additional restriction on the width, number and locations of driveways, as required by District policy, shall be placed on future development of this parcel. 15. That the Meridian Police and Fire Department Departments submitted comments as did the Central District Health Department; that all such comments are incorporated herein as if set forth in full. 16. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 17. 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. 18. That the property can be physically serviced with City sewer; that the City Engineer has recently questioned the ability of the City to provide water and water service is contingent upon FINDINGS OF FACT AND CONCLUSIONS. OF LAW - BALLANTYNE Page 12 positive results from a hydraulic analysis by the City's computer model. 19. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and commercial uses. 20. That the property is not included within any particular area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan; that the property is shown as an existing urban area. 21. That it is specifically found that the Applicant did not present a concept and did not present a subdivision plat or any other specific or concrete plan of development; that Applicant only presented verbal indications as to what might be developed on the property. 22. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, page 29, it states as follows: "Land covered by this policy section has characteristics which generally allow for agricultural and rural residential activity due to the existence of irrigation systems, soil characteristics and relative freedom from conflicting urban land uses. Where community growth creates pressure for new development, it must be recognized that agricultural land can no longer economically continue to be identified or used as agricultural land to the exclusion of orderly city growth and development." 23. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 13 24. That Section 6.7U, of the LAND USE section of the Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." 25. That the requested zoning of Limited Office (L-O) and General Retail and Service Commercial, (C-G), are defined in the Zoning Ordinance at 11-2-408 B. 7. and 11. as follows: (L-Ol Limited Office District - The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive,. administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall .not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The (L-O) District is designed to act as a buffer between other more intense non- residential uses and high density residential use's, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. (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. 26. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 14 delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; 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 provide 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, recreation services or school needs; and the City knows that new developments of commercial and industrial developments do increase the tax base so that some funds to provide for school services for current and future students can be raised. 27. 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. 28. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 15 the pedestrian easement shall be at least ten feet (10') wide." 29. That Section 11-9-605 G 1. states as follows: "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." 30. That Section 11-9-6.05 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;" 31. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as .utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural va].-se, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 16 32. 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 Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 33. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 7. A development pattern which preserves neighborhood development and stability and encourages a socioeconomic mixture of people within a given environment. 34. 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 ;,he 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 17 pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Council 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 with the Ordinances of the City of Meridian and in particular FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 18 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 and 11-9-606 14., which requires pressurized irrigation. 10. That the Applicant's proposed use of the property is not shown to be in compliance with the Comprehensive Plan because the Comprehensive Plan lists this area only as being in existing urban; that it is concluded that development of this area is very similar to development that would be done at Locust Grove Road and Franklin Road, Locust Grove Road and Fairview Avenue, and Eagle Road and Overland Road, all of which are in Mixed/Planned Use Development areas; it is therefore concluded that the annexation and zoning Application would be in conformance with the Comprehensive Plan and annexation and zoning should meet the same requirements as developments in the Mixed/Planned Use Development areas at Locust Grove Road and Franklin Road, Locust Grove Road and Fairview Avenue, Eagle Road and Overland Road. 11. The Applicant stated, in the annexation Application, its intention as to development, which is to provide office development ,and general commercial development. It was also stated that it is understood by the Applicants that any uses in the ~-0 and C-G zone should be processed with a Conditional Use Permit to allow additional public and City review to address site specific issues at the time of development and that the Applicants request a development agreement that .addresses the conditional use procedure for all development in this annexed property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 19 a 12. That the City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the. City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 13. That it is concluded that since the Applicant stated that it was understood by the Applicants that any uses in the L-0 and C- G zone should be processed with a Conditional Use Permit, which is done in the Mixed/Planned Use Development areas, it is therefore concluded that development of the parcel of land should be conditioned on being developed as a Commercial Planned Development, which is permitted in the General Retail and Service Commercial ( C- G) district and is a conditional use in the Limited Office district. 14. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C-G) and Limited Office (L-O), but only capable of being developed as a plan.led commercial development under the conditional use permit process. 15. That since Applicant's representative stated that they desired a development agreement, as a condition of annexation and the zoning of L-O and C-G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2- FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 20 417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development, including but not limited to, the requirements of 11-9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. R, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. f. M, Piping of Ditches and 11-9-606 a. Bicycle Pathways. b. Storm drainage. c. Sidewalks and Pedestrian Walkways. d. Greenbelt. e. Pressurized Irrigation. 2. 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. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 4. An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the "Manned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing residential development. 10. Establishing the 35 foot landscaped setback required by the Planning Director and. landscaping the same. 11. Addressing the comments of the Planning Director, Shari Stiles. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 21 12. The sewer and water requirements. 13. Traffic plans and access into and out of the .development. 16. That Section 11-2-417 D of the Meridian Zoning Ordinance states that a development agreement should be recorded in the office of the Ada County Recorder and 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 it has been the experience of the City that development agreements are difficult to enter into prior to the annexation ordinance being passed; that it is concluded that the development agreement shall be entered into prior the final plat being approved and prior to issuance of any building permits. 17. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, but it is concluded that there should be no annexation until the requirements of these Findings of Fact and Conclusions of Law are agreed to by the Applicant and the owners of the property; the annexation and zoning should be conditioned upon reaching that agreement. 18. That the requirements of the Meridian Police Department, Meridian Fire Department, Meridian City Engineer's office, Ada County Highway District, Meridian Planning Director, and the Central District Health Department, shall be met and addressed in a development agreement. 19. That all ditches, canals, and waterways shall be tiled as FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 22 a condition of annexation and if not so tiled, the property shall be subject to de-annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 20. 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; that the development of the property shall be subject to and controlled by the Subdivision. and Development Ordinance and the development agreement. 21. That these conditions shall run with the land and bind the applicant and its assigns.' 22. With compliance of the conditions contained herein, the annexation and zoning of Limited Office (L-O) and General Retail and Service Commercial (C-G), would be in the best interest of the City of Meridian; that Applicant shall provide legal descriptions for property to be zoned Limited Office (L-O) and the property to be zoned General Retail and Service Commercial (C-G) prior to enactment of the annexation and zoning ordinance, and such legal description shall be agreed upon by the City. 23. That if these conditions of approval are not met, the property shall nit be annexed. 24. That the Planning and Zoning Commission questioned whether or not it should make a recommendation of approval because the Applicant had not submitted a plat or development plan, but concluded that it was in the best interests of the City to annex .and zone the property even though the development plan was only FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 23 ~/ generally submitted orally at the hearing; the City Council hereby concludes that it generally is in the best interests of the City to have development plans and/or plats submitted at the time of application for annexation and zoning; that, however, in this case since the property is an enclave already within the City it is in the best interests of the City to annex and zone the property even though no development plan or plat was submitted. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council of the City Council of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN }'r j~o6c~lTk.Et VOTED COUNCILMAN TOLSMA VOTED COUNCILMAN /3CltlTL ~ VOTED COUNCILMAN MORROW VOTED MAYOR-i (TIE BREAKER) VOTED ~oR.121E DECISION The City Council of the City of Meridian hereby decides that the property set forth in the application for annexation and zoning should be annexed and zoned under the conditions set forth in these Findings o•'_ Fact and Conclusions of Law, inclu~ing that the Applicant enter into a development agreement prior to issuance of a building permit; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BALLANTYNE Page 24 ~ _ _~ ~~~~ 1 C -- ~ ~. i ~.... .._ ~~ ... f ~~ //~(~ ~5 Ef y; ~ //~~ICd t! :~ l I ~i Y H,. Y' ~./ ! ~~ / .~,~ rte. ,_ ~Ci ~~ J ~/ N'e ~" Y r' ~; ~- r ;. ~; ~~ ~..._ -~:- __. ~ l _~_. ~, ~ ~- 7 a._.... ~J.. { .. I' ' i~ l' J I N Project N 5~" ~ ......... . Date 19 - r ' ) ~ Time ~~ A,M.^ .. P. M. ^ ~,. ' ~ ~ I I ~ ~~ ~ ~~wCI1. , ...,._?-_`-yam? s GP( Jj ! ~ ~l~ . / _._.. ~~'0~- ..:..__ . ~ _. i ~~ T~sh ~~ ~ ~ t4.,.~w l~ l^ ~~ . _.. , ._._,. -_.._ _~ ~,~.~ . ~~ . ~:t.l 0 ;~ . MANUFACTURER'S REPRESENTATIVE BOISE, IDAHO 83706 PHONE (208) 345-4848 • FAX (208) 345.4981 If you have any questions or concerns, please feel free to contact me at 387-6176. Si cer y ~~--~ Jeff Lowe Planning and Development ~~ cou~t ~~ ~wu ~~~t~~~t Sherry R. Huber, President 318 East 37th Street Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499 Marlys Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner a-mail: tellus@achd.ada.id.us April 26, 1999 MCU-24-98 John's Alignment Meridian Rd s/o Gem IMPACT FEE CALCULATION Building Type Cost per Unit Area (SF) Total Cost light industrial $1,109.00 5,120 $5,678.00 Total Impact Fee Due $5,678.00 t ~tdu ~ou~tcy J~tic~l~wccct aCJi~trict Sherry R. Huber, President 318 East 37th Street Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e-mail: tellus@achd.ada.id.us April 26, 1999 Dale Binning Architects attn: Dale Binning P.O. Box 686 Boise, Idaho 83701 RE: MCU-24-98// Meridian Rd s/o Gem /John's Alignment PLANS ACCEPTANCE The District has reviewed the plans for the above referenced project, and they are accepted for public street construction. By stamping and signing the improvement plans, the Registered Engineer ensures the District that the plans conform to all District policies and standards. Variances or waivers must be specifically and previously approved by the District in writing. Acceptance of the improvement plans by the District does not relieve the Registered Engineer of these responsibilities. The District will assess the following impact fee for this project. The impact fee must be paid prior to issuance of a building permit. Total Impact Fee due: $5,678.00 Standard Requirements: II. [II [V V. V( Utility street cuts in new pavement less than five years old are not allowed unless appru~ed iii writing by the District. All irrigation_facilities must be located outside the public right-of=way unless otherwise approved by the District. Replace damaged curb, gutter, and sidewalk with new c~u-b, gutter, and sidewalk to match existing improvements. All facilities to be constructed with a proposed development, and to be owned and maintained by the District, must be constructed according to the latest edition of LS.P.W.C. and the District's Supplemental Standard Specifications. Any work in the public right-of--way requires a permit from ACI-{D Construction Services. An engineer registered in the State of Idaho shall prepare and certify all improven~enl plans. KUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORR[E A Good Place to Live (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-221 I GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 CERTIFICATE OF ZONING COMPLIANCE* Date: May 7, 1999 Owner: John Biss (d b a John's Alignment Brakes & More) Address: 499 South Meridian St. Proposed Use: Automobile Repair & Service FacilitX Zoning: Comments: Project is subiect to all terms and conditions of existing C U P (as approved on O1-OS- 99~ for the site As required under terms of annexation with Troutner Business Park, applicant shall be required to enter into a Development Agreement with the City prior to issuance of a building permit Ci~'s failure to ~ecifically identify requirements in this Certificate of Zoning Compliance does not relieve owner of responsibility for compliance No signage is permitted in the ACRD ri~ht- of way or 12'x 40' sight triangle and must be handled under separate application. No portable suns or temporary signage permitted A minimum of thirteen (13~ three-inch (3") capper trees are to be provided on property and served ~ an underground sprinkler system. Landscape plan not to be altered without~rior written ~proval of the Planning & Zoning Department. Any future use of unimproved portion on west end of property will require Planning & Zorun~ approval and must be kept mowed and free from weeds over 8" in height until such time as it is built. No field changes to site plan permitted• prior written approval of all chan eg s required Li~htin~ shall not cause >;lare or impact traveline public as determined b~ Ci-y Site plan dated 4/10/99 is approved. Shari Stiles Planning & Zoning Administrator *Receipt of a Certificate of Zoning Compliance does not indicate compliance with 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, etc. This certificate shall expire one (1) year from the date of issuance if work has not begun. w --- .. ~ ~ q i ~ ~ iii ~ ~ : ' ~ c 6 r ~ ~ ~ r ~ ~ e ~ a ~ ~F ~~~ ~~ ~~~~~~ o i~~€e~~ g q q q q q q n ~ ry b Q 1~ r. wr A ~• Q ~ Cl r. ~+ ..... 0 p~ m _________ 8 0 Q T 8 B l I D M l O A D ~ ~ ~ = JOHN'S ALIGNMENT DALE BINNING BRAKES, ~ MORE A118cCIHIII'ICIEcC'I~ ! lAUTM Y!lI~I~N lG~n O Y!lb1~N_ I~~Y['f n lfa~f ~~.~ ._. _ __.__ ._ _.. =O•'~~~•OZO• N C 2 m r m D i Z ^ A I ~ ~ ~ ~ba bw ., mp '^ ~:: ,pp A n a Q Z ,~`Oi dak ° ,a. ~ Y y, _ f . i ka ~q ` 'f ~t U~ ~ G~1y,~a t < I C ~ i tl 7' F 9 G'S ` "t~'~RV ~~;0 ` 9"' ~' E ~ ~'n t r~ p, ' a E _ f$ .e D ~ ~ ~ JOHN'S ALIGNMENT DALE BINNING BRAKES, 8t MORE AIE8cC1EiI1I'II'IE(C'II' N ~ .OYTM MM41AN tOAO a MHWAN, IYAMO o t.1ai ...-..,..... I.0. Wi aN o egfE, 4Ari0 a .l701.Oata ..: . , ~. m m r m D 0 Z A m D -~ rn > ~ m D 0 Z A ~~ ~"~d'~~d!~' ..6~y~~4ri k~a '~ .1.4 ` ~• ~ _ I, - y. it _. _ __ ~~ ~~ 24 ~ 9 f io h~ ~~ 4 2 3 ~~ Q-0 ry - _. ~2 S 1 ~", q ~3 2 6 1i zo iy id /s is /r iy ~,~' IS 1 T. ;~~ ::~ ~ O ; 15 • :~ E ~ ~N~,,~ .. 18;; ~~ + la o //,r .. 8 r: , D L 18 ~ ,Q 8 (~ ~ ~ ~ ~ 12 3 3 ~ ~g~ ~ ~ -~ , 31 ~ ~' 32. '~ 11 - h /' -----. ~, 34'~ m - ~._..._'__ _. 9 ~ 10 I 0 O 8 l ~' 3 W ~ ~ PENNWOOD ST. 11 ~ ~ ~~ 4 -z 2 ~ a , x O I 12 ®~ ~ ~~ za - , ~ '\.9 I .8 '' . PROJECT ~ •• LOCATION \`~ ( ~ `\\\\ -Za- ~~ -- j JOHN`S ALIGNMENT • BRAKES, Sz MORE {~ EOVTH MERIDIAN ROAD o MERNNAN, IDAHO o 83642 ~`~ -3 - ~ ,tee • Q ~ ~ conditional use ° _2c- ~ ~~ ~ application --_- - ... _. __. 4/7 WA TMAN MANE _____~-- _ ...'4 fYJ .: -.. .. .. ~ - _ry -- - -~---, -- - ,,. ~SEt SE ~ T. 3 N - R. t ' w `ur // v / w 1 / m j -10G- a -10F- -JOBS / ~ _ __. I ` ____ ____ • :O __._ _. . V N A y ~ /. ~~' - i ~ ~~ ~~ • .,, ! ~~I 'St'- CENTRAL VALLEY CORPORATE.PARK .September 8, 1998 ~~ PLAI~TNING ~ Z~h'~~Tf;. Shari Stiles City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 RE: Conditional use/John Biss Dear Shari, I would like to voice my opposition to the above referenced ,proposed auto repair facility on Meridian Road. I think that this use is incongruous with the other types of businesses that have located in the area. At Central Valley Corporate Park we have declined even auto Tube operations. Cor , B b ahas BN/cs 102 S. 17th, Suite 300 • Boise, Idaho 83702 • (208) 336-6661