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)
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Commission expires: (¡FlIp-DO
DEVELOPMENT AGREEMENT (AZ-99-019) - 15
EXHIBIT A
LegaI Description Of Property
DEVELOPMENT AGREEMENT (AZ-99-019) - 16
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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)