Loading...
John & Cheryl Wardle AZ 99-019 PARTIES: 1. 2. 3. rv.¡.e..t;9\~'o/:C. ORDED-REaUE~STOF' . ADA COUNTY RECORDER cA . LJ.-- J. ~~YJ~.~~Xft~RO FE~DEPUTY ZOllDHR23 PM 1:41t 3f0¡ 00021866 DEVELOPMENT AGREEMENT City of Meridian John A. Wardle and Cheryl Wardle, Owner Hawkins-Smith Development Co., Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 7~ day of ~ ' 2000, by and between CITY OF MERlDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and John A. Wardle and Cheryl Wardle, hereinafter called "OWNER", whose address is 8995 W. Chinden Blvd., Meridian, Idaho 83642, and HAWKINS-SMITH DEVELOPMENT CO., hereinafter called "DEVELOPER", whose address is 8645 W. Franklin Road, Boise, Idaho 83709. 1. RECITALS: 1.1 1.2 1.3 1.4 WHEREAS, "Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and WHEREAS, I.c. §67-65 11 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of General DEVELOPMENT AGREEMENT (AZ-99-019) - 1 1.5 1.6 1.7 1.8 1.9 Retail and Service Commercial (C-G), (Meridian City Code); and WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and WHEREAS, City Council, the/..s+Jday of 1i6ruMIf, 2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and WHEREAS, both the "Findings" require the "Developer" and "Owner" to enter into a development agreement before the City Council tal<.es final action on annexation and zoning designation; and "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions DEVELOPMENT AGREEMENT (AZ-99-019) - 2 of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, I994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 3.2 3.3 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. "DEVELOPER": means and refers to Hawkins-Smith Development Co., whose address is 8645 W. Franklin Road, Boise, Idaho 83709, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". "OWNER": means and refers to Owner of the property as described in Exhibit "A", John A. Wardle and Cheryl DEVELOPMENT AGREEMENT (AZ-99-019) - 3 Wardle, whose address is 8995 W. Chinden Blvd., Meridian, Idaho 83642. 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Section 11-7-2 K which are herein specified as follows: CoG General Retail and Service Commercial: The purpose of the C-G District is to provide for commercial uses which are customarily 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, and shall not constitute strip commercial development and encourage clustering of commercial development. With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a planned development. For the construction and development of a 15,120 sq. ft. Walgreen's drugstore with one drive-thru window, and a 7,000 square foot single story, multi-tenant retail building. DEVELOPMENT AGREEMENT (AZ-99-019) - 4 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer"/"Owner" have submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Developer"/"Owner" shall enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: 6.1.1 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5- 7-517. .Wells may be used for non-domestic purposes such as landscape irrigation. 6.1.2 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. DEVELOPMENT AGREEMENT (AZ-99-019) - 5 6.1.3 The requested CoG zone is consistent with the zoning of the adjacent Avest Subdivision (Fred Meyer) and Idaho Athletic Club properties. It is an eligible zoning district under the Mixed/Planned Use Development comprehensive plan designation. However, given the high visibility and arterial location of the property, staff recommends specific exclusion of the following permitted CoG uses for the subject property in order to protect the existing neighboring uses: 6.1.3.1 6.1.3.2 6.1.3.3 6.1.3.4 Automobile Service Stations Storage Facilities Truck Stops Heavy Equipment (Sales & Repair) 6.1.4 Applicant shall be required to dedicate all right-of- way along Locust Grove Fairview and Carol Street as required by ACHD prior to the issuance of any building permits. 6.1.5 Pursuant to the CUP Site Plan (Sheet CU-l), the Applicant is proposing to adjust the existing parcel lines from the quadrant configuration to a north- south split that separates the Walgreen's store from the multi-tenant retail building. There are six-foot utility easements (3 feet on each side ofthe common lot lines) associated with the existing lot lines. Applicant shall be required to vacate these easements and apply for a lot-line adjustment. 6.1.6 That the drive-thrus on the entire site be limited to one. 6.1.7 The 6-foot utility easements that are currently recorded with this plat will be approved by City Council to vacate the easements prior to the DEVELOPMENT AGREEMENT (AZ-99-019) - 6 Planning and Zoning Department issuing a Certificate of Zoning Compliance. 6.1.8 Applicant shall be allowed a 25 foot landscape buffer. 6.1. 9 Applicant shall be allowed the current sign proposal of 72-square-feet and the existing sign at the chiropractic area shall remain. 6.1.10The hours of operation shall be from 7 :00 a.m. until IO:OO p.m. 6.1.11 The Applicant shall install all curbs and sidewalks before obtaining a Certificate of Occupancy. 6.1.12The Applicant shall construct a decorative, split-face block wall with a row of colored block on the north side before construction of any buildings is started. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments .contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer"/"Owner" or "Developer"'s/"Owner's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.c. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer"/"Owner" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer"/"Owner" and DEVELOPMENT AGREEMENT (AZ-99-019) - 7 if the "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer"/"Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 1O.I In the event "Developer"/"Owner", "Developer"'s/"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer"/"Owner" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. II. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording to "Developer"/"Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of DEVELOPMENT AGREEMENT (AZ-99-019) - 8 the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer"/"Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer"/"Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer"/"Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT (AZ-99-019) - 9 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §12-5-3, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer"/"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Hawkins-Smith Development Co. 8645 W. Franldin Road Boise, Idaho 83709 OWNER: with copy to: City Clerk City of Meridian 33 E. Idaho Ave. John A. Wardle and Cheryl Wardle 8995 W. Chinden Blvd. Meridian, Idaho 83642 DEVELOPMENT AGREEMENT (AZ-99-019) - 10 Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a coUrt of competent jurisdiction, such provision shall be DEVELOPMENT AGREEMENT (AZ-99-019) - 11 deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-99-019) - 12 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. HAWKINS-SMITH DEVELOPMENT CO. BY~~ e Smith, President CITY OF MERIDIAN ,~ STATE OF IDAHO :ss COUNTY OF ADA On this * day of 'f~4 , in the year 2000, before me, ~~~ a Notary Public, personally appeared Steve Smith and Gary Hawkins, known or identified to me to be the President and Vice-President/Secretary of Hawkins-Smith Development Company, who executed the instrument on behalf of Hawkins-Smith Development Company and acknowledge to me having executed the same. """"""""'" o\."D y 1f~~ '" ~...... <t<.t'."~ ,. ~:::~;.\~ '\ ~~ ~ (SEAL) fP. .bllSUc.) * ¡ Notary Publit for Idaho -;. /...°-0/ Commission expires: ~ \ \ \0\ 'JcD'S ~J? '...., ~ " OF 11>" -.........., STATE OF IDAHO : SS County of Ada ) On this L day of 4are.h , in the year 2000, before me, ..::EhA/ fl. WCt.tti/# a Notary Public, personally appeared John A. Wardle and Cheryl Wardle, husband and wife, known or identified to me to be the persons who executed the instrument and acknowledged to me that they executed the same. (SEAL) DEVELOPMENT AGREEMENT (AZ-99-019) -14 STATE OF IDAHO :ss County of Ada .) On this 7~ day of fYla.rcJv , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ..."'ij""" ..~ 'ß..--.O e. .~~ÓT~;-, ee. :4:1,/....- -\ ~ :tr1: ,¿,,¿, '* \ . .eI:>, PI" PI" "' . ' I . ~ \, : : e ' A_.C / . ..~. ~~BJ,.'\!_-:á.O... . ";-<.t:t ---- I'i?.' .....q;~F.... Not Public for Idaho Commission expires: (¡FlIp-DO DEVELOPMENT AGREEMENT (AZ-99-019) - 15 EXHIBIT A LegaI Description Of Property DEVELOPMENT AGREEMENT (AZ-99-019) - 16 / / "; fFJ: ~:;:~~Ëili'¡;;;::::;~::~ : ,,}:;t -~";:;' ç.~" '2i::,::::z,,:: i~;"';; ~ ~~" 5 ~:; ,--- '==l~i D -. I ^J~ co, ",C~HDER ¡. , t ""';; :::;:;,,~:"""c" ~,?~::::"OO ì "OJ '~"'¡ S¡"'~:~;;;~;;~.~~:~,. 1""~':J""(" 'd;~~ ,.: .,,~~~~i~~~/J-) I~~..::,,'.-,...'.,:.:,:~'._..¡...,-','..:..'.':::',.'....: >:RR """"'" Co" Ro,".' [I";,,, l~:d,,' S.""" 1.:J7'.U(jl1.;';:;;':- I:U:;) 377.,7(>~ r ._.:C,_~~~!3!.!,I {:{;, -'.---.------ """h~"'\1"',k,,(,T"""'O""^ f~ i - -~,~"" :::,::~ ::~:~,~f~I~ ~~~"" " " " "."n "~"""! l,L.-.:_..~;.; .","I'~J~""!""o",".""",."",r"""""'J,""""...¡,,,;,,,.i",,,,"'"ro,.",~'"'"J>... T"coo - ~.._.. =-;'.,',:,1". ,,¡ c""", "r ",I" . ~,: :"::~:::.:: ,."~.::~--:,, . '""".'. h",by ms'"or"", "RA""< ",.j \\'~.",^,-'~ 10 . ~ JO¡¡" 0\. ~A'-II~E .'~;D CH'.",L .,'¡(UC'. 111"'"',>:" A"~ ~H~ ~ -~ li.~.'.;.. , "_,f.~,;:,.: ~ ,""". ':::,~:!,,::::, ;:'~~ o~ .. ",.."~ --"'.",~ --------;;:;;;.-;;; ..;,~-~,;,:_.,! , ' ~ .., , '" ,= , " .", '"'"""'"', '."""~ " "" """= ,~, ~-. i ,.. F!1"('¡:;.OOt:160"PL¡.,"¡"¡P",C:""""J."':co~osnr¡,!JACm¡;':T'i. !W,W, , j;:; t: ~ ~ t,r,i, . n ! Ii N ~,: ,1 1."'-':;"n"r'b"""~"¡L"'""""",.--.!.~.o-,,':: <;;:E,;:,~:"W~':£!,:. :,:""~~,T:"'."..:!'¡'¡::~,,,~-'!'2, ..' 0--- ',! ~ ¡; T"",¡¡"","'".¡,o ",¿",~""">""",."",,,,.;""d,"d,b"'n,,""""""O""""""""'".,,",',,"d.., ;~ ~ t"i '~ol""."'"""">""""""'"I"¡"",.,.".r"."""".",>o,'.,r"",,""""""""""""""""'"","",<0, f tl' "J"""'~~ ""~:.~>~'M'. '0""",,., ",' """'.1 ;';~_.~:.;""" ~~~:~::::~::::,::~::::'J::::~"~=~':~;"~';'~'; !J¡ ! .. ~~ L.' /7 I I ¡(:n¡,,""'-"'" "AI."') t ¡ ~~ '7~/ h~__IVÇj:;:f;,:----,- ;:;1 ¡ ~ .-.,. '¿LL~ \,H:h..,,:~;;'~ I¡I i I~ ;:;::;:i,~~lL~~;L==::::::=~=",c::::~: ~ II ß '"",." '" 1"""':,,":~;:,;,:~;~~~~~':~:,:;'.:::,:~7:'~i';,;':::,,~:"""~;':",;,~;;~~~:~:'~~,;;t~;;~~;,~~t~{~~~~~~,~;.:t~:-:-' (! ' ,':, (""",,",':"" "."""", ,'.','./',!;"/'."'....---.----- ,--,...':,"¡:, II.r_j_,:"".,:",:.""-~;:-~,,,:,ë,.",:,;".,.,,;-.-,'::1' ;"C', i.',"~,i;', ',^."~;'..~, ':"'", ,c'.:', ,:,:..: ::: .7. ::~~'!':'!."~,t;,"'i '~"Xc:;i_C,:",.:j~':.L"" Revised: 02-23-00 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF HAWKINS- SMITH MANAGEMENT, INC., THE APPLICATION FOR ANNEXATION AND ZONING OF 4.34 ACRES AT THE NORTHWEST CORNER OF FAIRVIEW A VENUE AND LOCUST GROVE ROAD, Case No. AZ-99-019 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on January 18, 2000, and continued to February 1, 2000, at the hour of 7:30 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Clint Boyle, and appearing and testifying with concerns or in opposition were the following neighbors: Jay Jones, Dan Woodall, Jennifer McRoberts, and having received the Recommendation to City Council of the Planning and Zoning Commission on this matter, and the City Council having duly considered the evidence and the record in this matter therefore malœs the following Findings of Fact FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / WALGREEN'S PHARMACY & DRlVE-UP (AZ-99-019) and Conclusions of Law, and Decision and Order: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW Judicial Notice: The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. Annexation: 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area which is designated in the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994, and as provided in Meridian City Code § 11-16-3. 2. The City Council exercises its legislative authority in the annexation and zoning of annexed land. Burt v. City of Idaho Falls, 665 P,2d 1075, 105 Idaho 65 (1983). Prior to annexation the City Council has requested and received a recommendation from the Planning and Zoning Commission of proposed zoning ordinance changes for the area to be annexed in accordance with the notice and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / WALGREEN'S PHARMACY & DRIVE-UP (AZ-99-0 19) hearing procedures provided in Section 67-6509, Idaho Code and concurrently or immediately following the adoption of an ordinance of annexation, the City Council shall amend the Planning and Zoning Ordinance. (Lc. § 67-6525] [Meridian City Code § 11-16-1.] Zoning: 3. The City of Meridian shall exercise the powers conferred upon it by the Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of Title 67 Idaho Code which provides that the Council shall by ordinance establish within its boundaries one or more zones or zoning districts in accordance with the adopted Comprehensive Plan. [1. C. § 67-6511]. 4. The "Zoning Ordinance" of the City of Meridian applies and regulates all development of land within the City limits and property outside the City limits for which annexation has been requested. (Meridian City Code § 11-1-3.] 5. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act" by the adoption of the "Zoning Ordinance" of the City of Meridian, Idaho, which provides for various zoning districts. (Meridian City Code §§ 11-1 - 11-21.] 5.1 The "Zoning Ordinance" provides a zoning district (C-G) General Retail and Service Commercial District which is defined as: (Meridian City Code § 11-7-2 K] (C-G) General Retail and Service Commercial District: The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WALGREEN'S PHARMACY & DRlVE-UP (AZ-99-019) 5.2 5.3 5.4 5.5 purpose of the CoG District is to provide for commercial uses which are custOmarily operated entirelv 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, and shall not constitute strip commercial development and encourage clustering of commercial development. The "Zoning Ordinance" provides for a "Zoning Schedule for Use Control" for land uses in various established zoning districts for permitted use, conditional use and permitted accessory use, [Meridian City Code § 11-6-1.] The "Zoning Ordinance" provides for a zoning District Map where the zoning districts established by the ordinance are shown, [Meridian City Code § 11-6-1.] The "Zoning Ordinance" provides for general procedures for the initiation and process of zoning amendment applications including notice and hearing procedures before the Planning and Zoning Commission and the City Council. [Meridian City Code § 11-15-1 - 11-15-6.] The General Standards Applicable To Zoning Amendments include the following [Meridian City Code § 11-15-11]: 5.5.1 Will the new zoning be harmoIÚous with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 5.5.2 Is the area included in the zoning amendment intended to be rezoned in the future; 5.5.3 Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WALGREEN'S PHARMACY & DRlVE-UP (AZ-99-019) the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; 5,5.4 Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned, For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone areas; 5.5,5 Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 5.5.6 Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 5.5,7 Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 5.5.8 Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 5.5.9 Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 5.5. 1 0 Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WALGREEN'S PHARMACY & DRlVE-UP (AZ-99-019) 5.5.lIThe proposed uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 5.5.12Is the proposed zoning amendment in the best interest of the City of Meridian. 6. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord, No. 629, January 4, 1994. Development Conditions: 7. The City is authorized by I.c. § 67-6511 A by the adoption of an ordinance to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel which the City has enacted as a part of the "Zoning Ordinance" at Meridian City Code § 11-15-12 and if the property is annexed and zoned Meridian City Code § 11- 16-4. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (I983). 9. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WALGREEN'S PHAR¡VIACY & DRlVE-UP (AZ-99-019) Meridian City Code § 11-2-4 which pertains to development time schedules and requirements; Meridian City Code § 12-4-13, which pertains to the piping of ditches; and Meridian City Code § 12-5-2 N, which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian, STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for January 18,2000, and continued until February I, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and 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 18, 2000, and continued until February 1,2000, public hearing; and the applicant, affected property owners, and government subdivisions FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / WALGREEN'S PHARMACY & DRlVE-UP (AZ-99-019) 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 §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Titles 11 and 12, 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 is approximately4.34 acres in size, The property is located at the northwest corner of Fairview Avenue and Locust Grove Road. The property is designated as Lots 1,2,7, and 8 Doris Subdivision, and described as follows: HAWKINS-SMITH DEVELOPMENT DORIS SUBDIVISION PROPERTY ANNEXATION DESCRIPTION A parcel ofland being all of Lots 1,2,7, and 8 of Block 1 of Doris Subdivision as recorded in Book 16 of Plats at Page 1080 of Ada County Records, and also a portion of the streets adjacent to said Lots and lying within the Southeast 114 of the Southeast 1/4 of Section 6, Township 3 North, Range 1 East, B.M., Ada County, Idaho, more particularly described as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WALGREEN'S PHARMACY & DRlVE-UP (AZ-99-019) BEGINNING at the Southeast corner of said Section 6; Thence N 00°00'00" E, along the East boundary of said section, also being the centerline of Locust Grove Road, a distance of 452.21 feet; Thence N 90°00'00" W, along the centerline of Carol Street as shown on said subdivision plat, a distance of 418.50 feet; Thence S 00°00'00" W, along a line being the extension of and the west boundary of said Lots 2 and 7, a distance of 452.09 feet to the South boundary of said Section 6; Thence S 89°59'00" E, along said South boundary being within the right-of- way of Fairview Avenue, a distance of 418,50 feet, to the Real Point of Beginning, containing 4.34 acres of land, more or less. 5. The owners of record of the subject property are: John and Cheryl Wardle, 8995 W. Chinden Blvd., Meridian, Idaho; Kevin and Lila Bates, 1515 S. Carroll, Meridian, Idaho; Adrian & Cheri Mansayon, 1555 S. Carroll, Meridian, Idaho; Brent Luana Barrus, 5720 Overland Road, Meridian, Idaho. 6. Applicant is Hawkins-Smith, of 8645 W. Franldin Rd., Boise, Idaho. 7. The property is presently zoned by Ada County as C-2 and R-8, and consists of both commercial and single family residential development, 8. The Applicant requested the property be zoned as General Retail and Service Commercial (C-G). 9. The proposed site of the subject property is located at the northwest corner of Fairview and Locust Grove Road. 10. The subject property is bordered to the north by a residential FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / WALGREEN'S PHARMACY & DRlVE-UP (AZ-99-019) subdivision and city limits of the City of Meridian are adjace~t to the east and west of the subject property. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. 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. 13, The Applicant proposes to develop the subject property in the following manner: development of a 15,120 sq. ft. Walgreen's drugstore with one drive-thru window, and a 7,000 sq. ft. single story, multi-tenant retail building. 14. The Applicant requests zoning of the subject real property as General Retail and Service Commercial (C-G). It is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as CommerciaVMixed Planned Use Development. Funher, this application is consistent with the following provisions of the Meridian Comprehensive Plan: Population Chapter 1.6U - Encourage and support new businesses which offer higher-than-average-wage jobs and upward employment mobility to located in Meridian. Economic Development Chapter 1.2 - . . .set aside areas where commercial interest and activities are to dominate. 1.4 - Positive programs should be undertaken to support existing commercial areas to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WALGREEN'S PHARMACY & DRlVE-UP (AZ-99-019) ensure their continued vitality. . . 1.6 - . . .support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. Land Use Chapter 4.3U - Encourage new commercial development within under-utilized existing commercial areas. 4.4U - Locate new planned Neighborhood Commercial Centers (3-8 acres) on arterials or collectors near residential areas in such a way as to complement but not conflict with adjoining residential areas. 4.8U - Encourage commercial uses, . .to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchange. 5.18U - Existing residential properties will be protected from incompatible land-use development. . . .Screening and buffers will be incorporated into all development requests in this area. Transportation Chapter 1.5U - Encourage clustering of uses and controlled access points along arterials. 1.9U - Encourage residential and non-residential developments to provide adequate easements for future pathways. Community Design Chapter 1.4 - Major entrances to the City should be enhanced and emphasized. 1.6 - The addition of landscaping within existing commercial parking lots should be encouraged. 2.2U - Encourage area beautification through uniform sign design that enhances the community. 4.4U - Encourage landscaped setbacks for new development on entrance corridors, The City shall require, as a condition of development approval, landscaping along all entrance corridors. 15. There are no significant or scenic features of major importance that FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / WALGREEN'S PHARMACY & DRlVE-UP (AZ-99-019) affect the consideration of this application, 16. 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 as a condition of Staff review and approval of development permits, and which restrict the use and development of the subject real property under the Commercial/Mixed Planned Use Development procedures and pursuant to the conditional use permit process, to-vvit: 16.1 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5- 7 -517. Wells may be used for non-domestic purposes such as landscape irrigation. 16.2. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association; with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.3 A development agreement is required as a condition of annexation. All uses on the property shall be developed as a planned development under the conditional use process. 16.4 The requested C-G zone is consistent with the zoning of the adjacent Avest Subdivision (Fred Meyer) and Idaho Athletic Club properties. It is an eligible zoning district under the Mixed/Planned Use Development comprehensive plan designation. However, given the high visibility and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WALGREEN'S PHAR..'v1ACY & DRlVE-UP (AZ-99-019) arterial location of the property, staff recommends the Development Agreement specifically exclude the following permitted CoG uses for the subject property in order to protect the existing neighboring uses: 1. 2. 3. 4. Automobile Service Stations Storage Facilities Truck Stops Heavy Equipment (Sales & Repair) 16.5 Applicant shall be required to dedicate all right-of-way along the access points only as required by ACHD prior to the issuance of any building permits. 16.6 Pursuant to the CUP Site Plan (Sheet CU-l), the Applicant is proposing to adjust the existing parcel lines from the quadrant configuration to a north-south split that separates the Walgreen's store from the multi- tenant retail building. There are six-foot utility easements (3 feet on each side of the common lot lines) associated with the existing lot lines, Applicant shall be required to vacate these easements and apply for a lot-line adjustment. 16.7 That the drive-thrus on the entire site be limited to one. 16.8 The 6-foot utility easements that are currently recorded with this plat will be approved by City Council to vacate the easements prior to the Planning and Zoning Department issuing a Certificate of Zoning Compliance. 16.9 Applicant shall be allowed a 25 foot landscape buffer. 16.10 Applicant shall be allowed the current sign recommendation of 72- square-feet (total) and the existing sign at the chiropractic area shall remain. 16.11 The hours of operation shall be from 7:00 a.m, until 10:00 p.m. 16,12 The Applicant shall install all curbs and sidewalks before obtaining a Certificate of Occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WALGREEN'S PHARMACY & DRlVE-UP (AZ-99-019) 16.13 The Applicant shall construct a decorative, split-face block wall with a row of colored block on the north side before construction of any buildings is started. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors, and is set forth in Finding No. 16. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WALGREEN'S PHARMACY & DRlVE-UP (AZ-99-019) City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 4,34 acres to Commercial Retail and Service Commercial (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 4.34 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Owners/Developer enter into a Development Agreement, and such Development Agreement shall also include and contain the conditions of and for the real property which provides in the event the conditions therein are not met by the Owners/Developer that the property shall be subject to re-zone and/or de-annexation, with the City of Meridian, which provides for the following conditions of use and development to-wit: Conditions of Use: 3,1 A development agreement is required as a condition of annexation. All uses on the property shall be developed as a planned development under the conditional use process. Conditions of Development: 3.2 Any existing domestic wells and/or septic systems within this project will FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / WALGREEN'S PHARMACY & DRlVE-UP (AZ-99-019) 3.3 3.4 3.5 3.6 3.7 have to be removed from their domestic service per City Ordinance Section 5-7 -517. Wells may be used for non-domestic purposes such as landscape irrigation. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11.9-605.M, The ditches to be piped should be shown on the site plans, Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. The requested CoG zone is consistent with the zoning of the adjacent Avest Subdivision (Fred Meyer) and Idaho Athletic Club properties. It is an eligible zoning district under the Mixed/Planned Use Development comprehensive plan designation. However, given the high visibility and arterial location of the property, staff recommends the Development Agreement specifically exclude the following permitted CoG uses for the subject property in order to protect the existing neighboring uses: 1. 2. 3. 4. Automobile Service Stations Storage Facilities Truck Stops Heavy Equipment (Sales & Repair) Applicant shall be required to dedicate all right-of-way along Locust Grove Fairview and Carol Street as required by ACHD prior to the issuance of any building permits, Pursuant to the CUP Site Plan (Sheet CU.l), the Applicant is proposing to adjust the existing parcel lines from the quadrant configuration to a north-south split that separates the Walgreen's store from the multi- tenant retail building. There are six.foot utility easements (3 feet on each side of the common lot lines) associated with the existing lot lines. Applicant shall be required to vacate these easements and apply for a lot-line adjustment. That the drive-thrus on the entire site be limited to one. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WALGREEN'S PHARMACY & DRlVE-UP (AZ-99-019) 3,8 The 6-foot utility easements that are currently recorded with this plat will be approved by City Council to vacate the easements prior to the Planning and Zoning Department issuing a Certificate of Zoning Compliance. 3.9 Applicant shall be allowed a 25 foot landscape buffer. 3.10 Applicant shall be allowed the current sign recommendation of 72- square-feet (total) and the existing sign at the chiropractic area shall remain. 3.11 The hours of operation shall be from 7:00 a.m. until 10:00 p.m. 3,12 The Applicant shall install all curbs and sidewalks before obtaining a Certificate of Occupancy, 3.13 The Applicant shall construct a decorative, split-face block wall with a row of colored blocl( on the north side before construction of any buildings is started. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C-G) General Retail and Service Commercial District (Meridian City Code § 11-7-2 K). 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WALGREEN'S PHARMACY & DRlVE-UP (AZ-99-019) 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 is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the /5-f'/¡ day of Fe/; /--1.(. 4- h1 ....." , 2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED ~"-" VOTED $A-- COUNCILMAN KEITH BIRD COUNCILPERSON TAMMY deWEERD VOTED$v.- COUNCILPERSON CHERlE McCANDLESS VOTED $.a....- MAYOR ROBERT D. CORRlE (TIE BREAKER) DATED: ¿-/~-OO VOTED ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / WALGREEN'S PHARMACY & DRlVE-UP (AZ-99-019) MOTION: C\.M APPROVED:Œ DISAPPROVED:- Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. B Y J! dt...::. Þ ~ c; éïty Clerk msfjZ:\ Work\M\Meridian 15360M\ Walgreens\AZFfCls Dated: Z -15-{)O FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/WALGREEN'S PHARMACY & DRlVE-UP (AZ-99-019)