Holiday Inn Express Motel
MJ.A.. C. QUilTY RECORDER
1. PAVIO NAVARRO As
DEVELOPMEN~~;ry;r 7 ;;7
RECOROE~~£STOF
F££¿~~
99013705
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made
and entered into this 2@ day of FeiJttf,¿:u-y , 1991, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and KANTI PATEL, hereinafter called
"DEVELOPER", whose address is 2600 Fairview Avenue, Boise, Idaho 83702.
1.
RECITALS:
1.1
1.2
1.3
1.4
1.5
WHEREAS, DEVELOPER 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. §67-6511A, 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 11-2-416L and 11-2-417D, 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 requested a designation of General Retail and Service
Commercial IC-G) , 11-2-408 (11) (Municipal Code of the City
of Meridian), with a conditional use permit and has submitted a
site plan in connection with the development of the property,
which site plan is subject to specified terms and conditions, has
been recommended for approval by the Meridian Planning &
Zoning Commission to the Meridian City Council; 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
DEVELOPMENT AGREEMENT
KANT! PATEL / HOLIDAY INN EXPRESS MOTEL
PAGE
1.6
1.7
1.8
1.9
WHEREAS, record of the proceedings request for 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 4th day of August, 1998, has
approved certain Findings of Fact and Conclusions of Law of the
Planning and Zoning Commission and Decision and Order, set
forth in Exhibit B, which are attached hereto and by this
reference incorporated as if set forth in full, hereinafter referred to
as (the "Findings"); and
WHEREAS, the "Findings" require the DEVELOPER enter into a
development agreement before the City Council talœs final action
on annexation and zoning designation; and
WHEREAS, 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 ensuring that the
property is developed and the subsequent use of "the Property"
is in accordance with the terms and conditions of this
development agreement, herein been 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, 1994, and the Zoning and Development Ordinance codified in
Title II, Municipal Code of the City of Meridian.
DEVELOPMENT AGREEMENT
KANT! PATEL / HOLIDAY INN EXPRESS MOTEL
PAGE
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2.
3.
INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in
full.
USES PERMITTED BY THIS AGREEMENT:
3.1
3.2
3.3
The uses allowed pursuant to this Agreement are those uses
allowed under CITY's Zoning Ordinance General Retail and
Service Commercial IC-G) codified at section 11-2-408 (II)
Municipal Code of the City of Meridian.
DEVELOPER agrees that this Agreement specifically allows only
the uses and/or conditional uses described in the above referenced
Zoning Ordinance on the date thereof and which uses are
specifically incorporated herein.
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
DEVELOPMENT IN CONDITIONAL USE: DEVELOPER has
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.
4.
5.
CONDITIONS GOVERNING DEVELOPMENT OF SUBTECT
PROPERTY:
5.1
DEVELOPER shall develop subject Property including the
obtainance of the appropriate permits and compliance with CITY
ordinances regarding the building permits and other life safety
codes applicable to such development in accordance with the
following special conditions:
5.1.1 That DEVELOPER, in accordance with its representations
before the CITY, shall, on the land described in Exhibit A,
DEVELOPMENT AGREEMENT
KANT! PATEL / HOLIDAY INN EXPRESS MOTEL
PAGE
construct a three story motel as specified on the
preliminary plat.
5.1.2 This application is for a parcel ofland at the northwest
corner of the intersection of S. Eagle Road and 1-84, south
of (but not immediately adjacent to) the newly constructed
Jackson's Food Store. The legal description for annexation
included in the application appears to describe the subject
site. Applicant's surveyor has noted in his legal description
that there are conflicts between monumentation on the
ground, and mapping for the construction of the interstate,
and that has been prepared. The revised legal description
shall be written to place this site contiguous to the
Corporate City Limits of the City of Meridian. (Ord. No.
660, 8/2/94).
5.1.3 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.
5.1.4 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.
5.1.5 Although the cover sheet indicates the proper request for
zoning of C-G (General Commercial), the narrative refers
to a zoning of C-2, which is the Highway Commercial
Zone in Ada County. All statements made in the
application should be corrected for the file.
6.
INSPECTION: DEVELOPER shall, immediately upon completion of
any portion or the entirety of said development of the Property, notify
the City Engineer and request the City Engineer's inspections and
written approval of such completed improvements or portion thereof in
DEVELOPMENT AGREEMENT
KANT! PATEL / HOLIDAY INN EXPRESS MOTEL
PAGE
4
8.
9.
accordance with the terms and conditions of this Development
Agreement and all other ordinances of the City that apply to said
Development.
7.
COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the
zoning designation reversed, upon failure of DEVELOPER or
DEVELOPER's heirs, successors, assigns, to comply with the
commitments contained herein within two (2) years, and after
complying with the notice and hearing procedures as outlined in § 67-
6509, Idaho Code, or any subsequent amendments or recodifications
thereof. Provided, however, no such consent to rezone shall occur
unless CITY provides written notice of any failure to comply with this
Agreement to DEVELOPER and DEVELOPER fails to cure such failure
within six (6) months of such notice. The two (2) year period of time
for compliance may be extended by CITY for just cause and upon
notification for such by DEVELOPER, and after complying with the
notice and hearing procedures as outlined in § 67-6509, Idaho Code, or
any subsequent amendments or recodifications thereof.
REOUlREMENT FOR RECORDATION: CITY shall record either a
memorandum of this Agreement or this Agreement, including all of the
Exhibits, at DEVELOPER'S cost, and submit proof of such recording to
DEVELOPER, prior to the third reading of the Meridian Zoning
Ordinance in connection with the annexation and zoning of the
Property by the City Council. If for any reason after such recordation,
the City Council fails to adopt the ordinance in connection with the
annexation and zoning of the Property contemplated hereby, the CITY
shall execute and record an appropriate instrument of release of this
Agreement.
ZONING: CITY shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the Property as
specified herein.
10.
DEFAULT
10.1 In the event DEVELOPER, DEVELOPER's heirs, successors,
assigns, or subsequent owners of the Property or any other person
acquiring an interest in the Property, fail to faithfully comply
with all of the terms and conditions included in this Agreement
in connections with the Property, this Agreement may be
DEVELOPMENT AGREEMENT
KANT! PATEL / HOLIDAY INN EXPRESS MOTEL
PAGE
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 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.
11.
REMEDIES. This Agreement shall be enforceable in any court of
competent jurisdiction by either CITY or DEVELOPER, or by any
successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity
to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
11.1 In the event of a material breach of this Agreement, the parties
agree that CITY and DEVELOPER 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
within such failure may be cured shall be extended for such
period as may be necessary to complete the curing of the same
with diligence and continuity.
11.2 In the event the performance of any covenant to be performed
hereunder by either DEVELOPER or CITY is delayed for causes
which are beyond the reasonable control of the party responsible
for such performance, which shall include, without limitation,
acts of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time of
such delay.
12.
SURETY OF PERFORMANCE: The CITY may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under 11-9-606 C ofthe Revised and
Compiled Ordinances of the CITY of Meridian, to insure that
installation of the improvements, and the DEVELOPER agrees to
DEVELOPMENT AGREEMENT
KANT! PATEL / HOLIDAY INN EXPRESS MOTEL
PAGE
6
13.
14.
15.
provide such, if required by the CITY.
CERTIFICATE OF OCCUPANCY: That DEVELOPER agrees that no
Certificates of Occupancy will be issued until all improvements are
completed, unless the CITY and DEVELOPER have entered into an
addendum agreement stating when the improvements will be completed
in a phased developed; in any event, no Certificate of Occupancy shall
be issued in any phase in which the improvements have not been
installed, completed, and accepted by the CITY.
ABIDE BY ALL CITY ORDINANCES: That DEVELOPER agrees to
abide by all ordinances of the CITY of Meridian and the property shall
be subject to de-annexation if the owner or 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.
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:
do City Engineer
City of Meridian City
33 E. Idaho Ave.
Meridian, ID 83642
l<anti Patel
2600 Fairview Avenue
Boise, Idaho 83702
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
15.1 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.
PAGE
DEVELOPMENT AGREEMENT
KANT! PATEL / HOLIDAY INN EXPRESS MOTEL
7
16.
17.
18.
19.
20.
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.
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.
Binding upon Successors: This Agreement shall be binding upon and
inure to the benefit ofthe 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 each 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.
Invalid Provision. If any provision of this Agreement is held not valid
by a court of competent jurisdiction, such provision shall be deemed to
be excised therefrom and the invalidity thereof shall not affect any of
the other provisions contained herein, except that if an provision of this
Agreement is held not valid which DEVELOPER's development of the
Property, DEVELOPER may, at its sole discretion, declare this entire
Agreement null and void of no force and effect and thereby relieve all
parties from any obligations hereunder.
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
DEVELOPMENT AGREEMENT
KANT! PATEL / HOLIDAY INN EXPRESS MOTEL
PAGE
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.
20.1 No condition herein provided can be modified or amended in
connection other than as provided for herein and after public
hearing by the City Council, in accordance with the notice
provisions provided for zoning designation or amendment under
enforcement at the time.
21.
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
KANT! PATEL / HOLIDAY INN EXPRESS MOTEL
PAGE
9
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
BY¿~ ~ /!J;J
Attest:
BY RESOLUTION NO. 2/1
C/f-r¡ C¡;únc.¡'l
CITY OF MERIDIAN
Attest:
~ß~~
City Clerk
BY RESOLUTION No.2 II
DEVELOPMENT AGREEMENT
KANT! PATEL / HOLIDAY INN EXPRESS MOTEL
PAGE
10
STATE OF IDAHO)
:ss
COUNTY OF ADA)
On thiiì-~ day of (1;.1 , in the year 1999...., before me,
~ c') l'I1/) , a Nota Public, personally appeared l<anti Patel
, kn or Identified to me, to be the person whose name is subscnbed to the
within instrument, and acknowledged to me that he executed the same.
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Nota Public for Idaho i.
Commission expires: /1/'1 ~
STATE OF IDAHO)
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County of Ada )
On thisqil day of ~llll~ ,in the year 199Q, before me,
AnRel C<\ìM <; ,a Notary ublic, personally appeared Robert D.
Cor e and WIlham G. Berg, know or idenuÜed 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.
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rnsg~~~eridian City File\AgreernentlKANTI PATEL HOLIDAY DAY INN EXPRESS DEVELOPMENT
AGREEMENT.wpd
DEVELOPMENT AGREEMENT
KANT! PATEL / HOLIDAY INN EXPRESS MOTEL
PAGE
11
EXHIBIT A
Legal Description Of Property
DEVELOPMENT AGREEMENT
KANT! PATEL / HOLIDAY INN EXPRESS MOTEL
PAGE
12
A parcel of land being a portion of the E% of Section 17, T.3N., R. 1 E.,
B.M., Ada County, Idaho said parcel also being a portion of lot 13 of the
Amended Magic View Subdivision as filed in Book 52 of Plats at Page 4445,
records of Ada County, Idaho and being more particularly described as
follows: '
Commencing at a Brass cap marking the E % of Section 17, T. 3N., R. 1 E.,
B.M., Ada County. Idaho: .
Thence N. 2"00'57" E. 43.87 feet to a point;
Thence N. 0"22'33" W. 45.00 feet to a point,
Thence S. 89°37'27" W. 89.37 feet along the centerline of Gentry Way to a
point on the northwesterly right of way of Interstate 84, said point being the
POINT OF BEGINNING of this description;
Thence leaving said centerline of Gentry Way S, 35°43'47" W. 127.97 feet
along the northwesterly right of way of Interstate 84 to a point;
Thence S. 79°18'50" W. 116.60 feet along the northwesterly right of way line
of Interstate 84 to the beginning of a tangent'curve to the left;
Thence continuing along said right of way line of IlJterstate 84 and along the
arc of said curve to the left having a radius of 1043.93 feet, a central angle of
23°53'24", a length of 435.27 feet, a long chord bearing of S. 67°15'48" W.
432.13 feet to a point on the Centerline of Allen Street;
Thence leaving said right of way line of Interstate 84 and continuing N.
0"21'33" W. 288.83 feet along said centerline of Allen Street to the a point on
said centerline said Gentry Way,
Thence leaving said right of way . line of Allen Street and continuing N.
89"37'27" E. 589.68 feet along said centerline of Gentl)' Way to said POINT
OF BEGINNING.
Said parcel contains 2.13 acres more or less.
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT
KANT! PATEL / HOLIDAY INN EXPRESS MOTEL
PAGE
13
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
KANT]: PATEL
ANNEXATION AND ZONING OF 1.66 ACRES TO C-G
BETWEEN I-84. EAGLE ROAD. GENTRY WAY AND ALLEN STREET
MERIDIAN. IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come. on for consideration on June 17. 1998, at the hour of 7: 00
0' clock p.m. on said date, at the Meridian City Hall,
33 East
Idaho
Street.
Meridian,
Idaho,
and
the
Planning
and
Zoning
Commission having heard and taken oral and written testimony and
the Applicant's representative, Rocky Towle, appearing in person,
and having duly considered the matter, the Planning and Zoning
Commission makes the following:
FINDINGS OF FACT
1.
That notice of public hearing on the annexation and
zoning was published for two (2) consecutive weeks prior to the
said public:
hearing
scheduled for June
17,
1998,
the
first
publication of which was fifteen (15) days prior to said hearing;
that
the
matter was
duly considered
at
the
June
17,
1998,
hearing; that the public was given full opportunity to express
comments and submit evidence; and that copies of all notices were
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 1
available to newspaper, radio and television stations;
2.
That
the
property
included
in
the
application
for
annexation and zoning is described in the application,
and by
this
reference
is
incorporated herein;
that
the property
is
approximately 1,66 acres in size; it is between 1-84, Eagle Road,
Gentry Way and Allen Street.
3.
That the property is presently zoned by the county as
RT (Rural Transition) and the proposed use would be for C-G
General Retail and Service Commercial development.
4.
That the City of Meridian desires to annex and zone
property
to
allow
any
development
to
be
under
the
City's
jurisdiction.
This would save money on land use application and
building permit fees that would otherwise go to Ada County.
5.
The
general
area
surrounding
property
is
used
agriculturally, and for some residential properties.
6.
That the property is
adjacent
and abutting to the
present City limits.
7.
The Applicant is the owner of the property and has
requested the annexation. The application is not at the request
of the City of Meridian.
6.
Rocky Towle testified substantially at the hearing that
the construction of the three story motel would border the 1-84
on-ramp, Eagle Road, Allen Road and Gentry Road off of Eagle Road
by the- freeway.
They have covered the areas of process,
but
there remains a couple of items on the site plan that need to be
addressed.
The columns extend into the thirty-five foot setback,
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 2
of which,
they have provided additional
landscaping
for
the
encroachmen~.
The ACEro wants a 41-£00t back-up curb down Allen
Stree~.
On
the west
side
they
are
to
do
curbs,
gutters,
sidewalks and a 24-foot paving strip. On Gentry Way,
the ACHD
wants the same thing, with a 58-foot right-of-way, but this is a
dead end street. They wanted this area vacated, bu~ ~he previous
owner and the applicant went through both the City and ACED.
ACED said that the previous owner was to obtain an appraisal and
they would sell the ground to the applicant.
At the ACED, the
tech stafE
have backed
their position,
but
~he
right-oE-way
department says they need to pay the full price for it.
Hit
could be purchased reasonably then they would just purchase the
ground.
If they have to dedicate to the ACHD four feet on Allen
Way and Gentry way, then they have actually relocated the motel.
The difference is that a 24-foot setback has been designed
rather than the 20-£00t setback, and a 16-foot setback instead of
the 12-£00t setback.
The adjustment is for bringing the sidewalk
around and they've narrowed the driveway to stay within the 35-
foot setback.
Pertaining to the parking, there are 69 parking
stalls and 67 rooms. Parking shouldn't be a problem since maid
service and employees come in around 8:00 and the business people
leave before 8: 00.
Ada county Highway District's requirements
are from Magic View down to where their property starts, down to
Gentry Way, that they have a 24-foot asphalt driveway.
From
there on down they have to have the 24-foo~ plus curbs, gutters
and sidewalk.
No curb and gutter before Gentry Way.
Discussion
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KAN'!'I PATEL ANNEXATION AND ZONING (C-G)
PAGE 3
between Mr. Towle and Commissioner Borup pertained to the ingress
and egress that would be out to Magic View and then on to Eagle.
9. commissioner de Weerd addressed the matter of where the
trash area would be placed.
Mr. Towle noted it would probably be
on the north side in a contained, enclosed area.
With regard to
the lighting, an engineer will handle the lighting.
The lighting
is to be directed so it maintains on the site.
Bruce Freckleton
addressed Commissioner de Weerd' 8 lighting issue by noting the
cut off lighting is something that they have been looking at and
he proposed they just take a look at it when the plans come
through.
10.
Commissioner
Smith
questioned
the
architectural
shingles.
Mr. Towle noted they would be archi tectural grade
asphalt shingles.
Comments on the exterior finish were that it
would
either
be
a
synthetic
stucco
or
a
drivit
system.
Additional comments pertained to either the purchase of all of
Gentry Way or half of it, and with that the motel would move
back.
Mr. Towle addressed Commissioner Smith's comments over
the parking spaces for employees by noting if you have one
parking stall for every room you have more than enough parking
to cover the motel, and by the time you get the maids and all
the people that COme to work, the people have gone and left in
the morning,
and so there is plenty of parking.
They have
provided for a night clerk in addition to the parking spaces for
the people.
The color scheme was discussed and basically it
would be in a natural tone.
Regarding the signage, it would be
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 4
a monument sign at the intersection of Allen Street and Gentry
Way.
Continued testimony between Commissioner MacCoy and Mr.
Towle regarding the color of the building resulted in, that, Mr.
Towle would get back to them with the color the building would
be.
11.
wanda Buckert testified at the hearing as follows.
Ms. Buckert's main concern was over the traffic.
She suggested a
light be put up on Magic View and Eagle Road to help with the
extra traffic flow.
It was her understanding that more property
had been sold to doctors around the development, and her conce~
was
over being able
to
turn
left
with
the new road.
She
suggested a stop sign,
four way stop,
or light to help with
traffic flow.
Commissioner Nelson noted this was a valid concern
that Ms. Buckert had, but that Eagle Road would probably never
have a light.
Discussion over this issue continued between Ms.
Buckert
and
Commissioner
MacCoy
and
Commissioner
Borup.
Commissioner
MacCoy
addressed
the
fact
that
the
ACHD
were
dragging
their
feet,
and
when
more
businesses
come
in
for
development, then they would address the issue of the streets,
signs, and everything. That leaves the matter presently in limbo.
MS. Buckert again addressed the matter that her concern was over
the extra traffic. commissioner MacCoy noted the fact with the
new business coming in that maybe ACHD can be approached with
this issue once again. Commissioner Borup addressed the fact that
the ACHD is proposing another access up at the light on the north
end of the subdivision, but he is not sure when it will happen.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 5
They are also considering going back and eying in co Magic View.
He also noted Chis would be for the people coming out of che
subdivision so they can go up to the light.
Ms. Bucke~t noted
the area she was speaking of is where it would c~oss Magic View
to Ãllen Street. They would still have to make a left tu-"'"Il, this
would be the new street.
12.
Mr. Towle approached the Commission again by adding
the following comments to his testimony for the evening.
He
noted that ACHD did not address their traffic issue, and they
have left it at having a stop sign at the end of Allen Street
before arriving at Magic View,
or whatever it is there.
He
feels ACED will 00 what
is necessary after review of their
traffic studies when it begins to develop more in the area.
Mr.
Towle stated, "I think that they'll end up with a signal there
sometime but nobody has said anything and we were in stafÍ
trying to work out just Gentry Way and nothing was said on the
other. .
13.
Commissioner de Weerd's final comment for the evening,
to Ms. Buckert, was over the fact that at the City level they
have no control, and she felt it would be very helpful to make
their concerns known to the ACHD, and if need be,
continue to
pester them.
Ms. Buckert noted that ACED told her that Meridian
City has to okay the lights, traffic and whatever.
She has spoke
with the City and she was told they were going to have a meeting,
but as yet have not had one.
14.
Shari Stiles,
Planning and zoning Administrator,
and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 6
Assistant
the
City
submitted
Bruce
Freckleton,
to
Engineer
general and site specific comments, which general comments are as
follows.
ANNEXATTON AND ZONTNG'
1.
This application is for a parcel of land .at the
northwest corner of the intersection of S. Eagle
Road and I-84, south of (but not immediately
adjacent to) the newly constructed Jackson's Food
Store. The legal description for annexation
included in the application appears to describe
the subject site. Applicants surveyor has noted
in his legal description that there are conflicts
between monumentation on the ground, and mapping
for the construction of the interstate, and that
a new legal will be prepared after a field survey
has been prepared. The revised legal description
shall be written to place this site contiguous to
the Corporate City Limits of the City of Meridian
(Ord. No 660, 8/2/94).
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.
3.
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.
Although the cover sheet indicates the proper
request for zoning of C-G (General Commercial),
the narrative refers to a zoning of C-2, which is
the Highway Commercial zone in Ada County. All
statements made in the application should be
corrected for the file.
4.
5.
A development agreement
condition of annexation.
is
required
as
a
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 7
15.
The Meridian Fire Chief, Kenny Bowers,
submitted the
following comment that they had no problem with this annexation
and zoning.
16.
The Meridian Chief
of
Police,
Bill
Gordon,
had no
comment.
17 .
The
Central
District
Health
Department
added
the
following comments.
After written approval from the appropriate
entities are submitted, they will approve this application for
central sewage and central water.
The plans for central sewage
and central water must be submitted to and approved by the Idaho
Department
of
Health
&
Welfare,
Division
of
Environmental
Quality.
18.
That
the
property
included
in
the
annexation
and
zoning application is within the Area of Impact of the City of
Meridian.
19.
That the entire parcel of ground is included within
the Meridian Urban Service Planning Area as the Urban Service
Planning Area is defined in the Meridian Comprehensive Plan.
20.
That
the
Application
requests
that
the
parcel
be
annexed and zoned C-G General
Retail
and Service
Commercial
District; that the present use of the property is vacant pasture;
that
the
Applicant
indicated
that
the
intended use
of
the
property would be for a three story motel.
21.
That the property cart be serviced with City water and
sewer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 8
22.
That the C-G,
General Retail and Service Commercial
District is described in the Zoning Ordinance, 11-2-408 B. 11 as
follows:
IC-G) GENF'.Ri'lL RETAIL AND SERVICE COMMERCIAL - The purpose of
the (C-G) District is to provide for commercial uses which
are customarily operated entirely or almost entirely within
a building; to provide for a review of the impact. of
proposed commercial uses which are auto and service oriented
and are located in close proximity to major highway or
arterial streets; to fulfill the need of travel-related
services as well as retail sales for the transient and
permanent motoring public. All such districts shall be
connected to the Municipal Water and Sewer systems of the
City of Meridian, and shall not constitute strip commercial
development and encourage clustering of commercial
development.
23.
That proper notice was given as required by law and
all procedures before the Planning and Zoning Commission were
given and followed.
24.
There was no further testimony at the hearing.
CONCLUSIONS
1.
That
all
the
procedural
requirements
of
the
Local
Planning Act and. of the ordinances of the City of Meridian have
been met including the mailing ~f notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2.
That the City of Meridian has authority to annex land
pursuant to
50-222,
Idaho ~,
and Section 11-2-417 of
the
Revised and Compiled Orè.inances of the City of Meriè.ian;
that
exercise of the City's annexation authority is a Legislative
function.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 9
3.
That
the Planning and Zoning Commission has
judged
this
annexation and ~oning application under Section 50-222,
Tdahn Code, Title 67, Chapter 65, Idaho Code, the Meridian City
Ordinances, the Meridian Comprehensive Plan, as amended, and the
record submitted to it and things of which it can take judicial
notice.
4.
That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City
of Meridian have been complied with.
5.
That
the
Commission
may
take
judicial
notice
of
government ordinances,
and policies,
and of actual conditions
existing within the City and State.
6.
That
the
land
within
the
proposed
annexation
is
contiguous to the present City limits of the City of Meridian,
and the annexation would not be a shoestring annexation.
7.
That
the
Applicant
has
initiated
the
annexation
application,
8.
That since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
upon the annexation of land.
9.
That the development of annexed land must meet and
comply with the
Ordinances
of
the
City
of
Meridian and
in
particular Section ~l-9-6l6 which pertains to development time
schedules and requirements; that the Applicant will be required
to connect to Meridian water and sewer.
10.
That proper and adequate access to the property is
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G
PAGE 10
available and will have to be maintained.
11.
That since the Applicant's property is in the Mixed
Land Use section of the Comprehensive Plan,
the annexation and
zoning Application is in conformance with the Comprehensive Plan
and does not conflict with the Rural Areas policies..
1~.
That
a
condition
of
annexation
and
zoning
of
the
proerty is that the applicant shall enter into a development
agreement with the City, which shall include but not be limited
to all staff comments submitted with this application and all
other government agencies submitting comments.
The development
agreement shall be entered into and recorded prior to the final
plat approval and prior to the issuance of any building permits.
14.
It
is
further
concluded
that
any
comments,
recommendations
and
requirements
of
the
City
Engineer,
the
Planning
and
Zoning
Administrator,
The
Planning
and
Zoning
Commission,
all other Meridian Departments submitting comments
and all other government agencies submitting comments shall be
complied with in order to obtain annexation and zoning of the
property noted herein. Therefore, based on the Application, these
Findings of Fact and Conclusions of Law, and the Ordinances of
the
City
of
Meridian,
it
is
ultimately
concluded
that
the
Applicant r S property should be annexed and zoned C-G and all
representations shall be met; that the conditions should be those
stated above
and upon
issuance
of
final
platting
and other
conditions to be explored at the City Council level; that such
annexation would be orderly development and reasonable if the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 11
conditions are met.
15.
With compliance of the conditions contained herein,
the annexation and zoning would be in the best inteerest of the
City of Meridian.
16.
That if the conditions of approval are note met the
property shall be subject to de-annexation.
APPROVAL OF FImJDlGS OP FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions.
ROLL í":u.L
COMMISSIONER Keith Borup
COMMISSIONER Byron Smith
VOTED
At..;
~
VOTED
COMMISSIONER Mark Nelson
VOTED M~.,t.-
VOTED ~
COMMISSIONER Tammy de Weerd
CHAIRMAN Malcolm MacCoy (TIE BREAKER)
VOTED-
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
KANTI PATEL ANNEXATION AND ZONING (C-G)
PAGE 12
DECISION AND RECOMMENDATION
The
Meridian
Planning
and
Zoning
Commission
hereby
recommends to the City Council of the City of Meridian that they
approve
the
armexation
and
zoning
as
stated
above
in
the
Conclusions for the property described in the application with
the conditions
set forth in the Findings of Fact and Conclusions
of Law and that the Applicant be specifically required to meet
all
of the Ordinances of the City of Meridian,
specifically
including the development
time
requirements
and that
if
the
conditions are not met that the property be de-annexed.
MOTION~
APPROVED: ~......
l'ATBI. lWITI C-G FP CI. r /, ;/~
7-7-98 -- Final 1-; IT¡rs
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
K1\NTI E'ATEL ANNEXATION AND ZONING (C-G)
PAGE 13
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of Fact and
Conclusions of Law on this 4th day of August, 1998.
ROLL CALL
COUNCILMAN BIRD
COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
COUNCILMAN ANDERSON
MAYOR CORRIE (TIE BREAKER)
(INITIAL) ~.
APPROVED~ .
DISAPPRoveD
VOTED
VOTED
VOTED
VOTED
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - ANNEXATION & ZONING FOR
KANTIPATEL
*,. TOTAL PAGE.14 ,.,.