Michael L. Gamblin
PARTIES: l.
2.
o~ Ó} ~ECORO£D-RtQUES~O~Y
AO'.~!~~N!"~eP° fEr&- DEPUTY~.
.JA-6 PH 1121 ~~ IOOOOI~31
DEVELOPMENT AGREEMENT
City of Meridian
Michael L. Gamblin
THIS DEVELOPMENT AG~MENT (this "Agreement"), is
made and entered into this 2r- day of 't!em6e,,-, , 1999, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and Michael L. Gamblin, hereinafter called
"DEVELOPER", whose address is 3208 N. Linda Vista Place, Boise, Idaho
83704.
1.
RECITALS:
l.l
1.2
1.3
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, r.c. §67-65IlA, 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 I I-2-4I6L and 11-2-417D,
which authorizes development agreements upon the re-
zoning.of land; and
1.4
WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property"s described in
Exhibit A, and has requested a designation of Limited
Office (L-O), (Municipal Code of the City of Meridian);
and
DEVELOPMENT AGREEMENT - 1
1.5
1.6
1.7
1.8
1.9
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 ¡rl~ day of tJdlJÞet,.1999,
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, the "Findings" require the "Developer" enter
into a development agreement before the City Council
talœs final action on rezoning 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
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
"-~",
DEVELOPMENT AGREEMENT - 2
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 I 1, Municipal Code of the City
of Meridian.
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 Michael L. Gamblin,
whose address is 3208 N. Linda Vista Place, Boise, Idaho
83704, the party developing said "Property" and shall
include any subsequent owner(s)/developer(s) of the
"Property" .
"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.
DEVELOPMENT AGREEMENT - 3
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 Section 11-2-408 B 7 Meridian City Code
which are herein specified as follows:
Construct and d( Jelop a professional office building.
(L-G) Limited Office District: The purpose of the (L-O)
District is to permit the establishment of groupings of
professional, research, executive, administrative,
accounting, clerical, stenographic, public service and
similar uses. Research uses shall not involve heavy testing
operations of any land or product manufacturing of such a
nature to create noise, vibration or emissions of a nature
offensive to the overall purpose of this district. The L-O
District is designed to act as a buffer between other more
intense non-residential uses and high density residential
uses, and is thus a transitional use. Connection to the
Municipal Water and Sewer System of the City of
Meridian is a requirement in this district.
4.2
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
5.1
"Developer" shall develop the "Property" in accordance
with the following special conditions:
5.1.1 To construct, develop, use and maintain a
professional office building in accordance with the
PRELIMINARY "NOT FOR CONSTRUCTION"
Al Site Layout Plan, dated April 11, 1999, SHEET
2.20, BY: DR. GREG GUYMEN, MEDICAL
DESIGN GROUP, ARCHITECT, and the
DEVELOPMENT AGREEMENT - 4
SCHEMATIC SITE PLAN LAYOUT, BY: JAMES
GIPSON ASSOCIATES, ARCHITECT.
5.2
Developer 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:
5.2.1 Off-street parldng shall be provided in accordance
with Section 11-2-414 of the City of Meridian
Zoning and Development Ordinance and/or as
detailed in site-specific requirements.
5.2.2 Paving and striping of driveways and parking lot
shall be in accordance with the standards set forth
in Sections 11-2-414.D.4 and 11-2-414.D.5 of the
City of Meridian Zoning and Development
Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
5.2.3 A drainage plan designed by a State of Idaho
licensed architect or engineer is required and shall
be submitted to the City Engineer (Ord. 557, 10-1-
91) for all off-street parking areas. All site drainage
shall be contained and disposed of on-site.
5.2.4 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.
DEVELOPMENT AGREEMENT - 5
5.2.5 Outside lighting shall be designed and placed so as
not to direct illumination on any nearby residential
areas and in accordance with City Ordinance
Section 11-2-414.D.3.
5.2.6 All signage shall be in accordance with the standards
set forth in Section 11-2-415 of the City of
Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners .or flashing signs
will be permitted.
5.2.7 Provide five-foot-wide sidewalks in accordance with
City Ordinance Section 11-9-606.B.
5.2.8 All construction shall conform to the requirements
of the Americans with Disabilities Act.
5.2.9 Provide site plan detailing parking, landscaping,
trash enclosures, etc., for review to ensure zoning
compliance prior to applying for a Building Permit.
5.2.lOApplicant shall be required to enter into an
Assessment Agreement with the City of Meridian.
5.2.11 Provide calculation of asphalt area with future site
plans. A minimum of one (1) three-inch (3") caliper
tree per 1,500 square feet of asphalt are required per
current Ordinance. Note: a draft landscape
ordinance is currently being considered by the City.
If the landscape ordinance is adopted prior to
application for a Certificate of Zoning Compliance,
the new ordinance will regulate the landscaping on
the site.
5.2.12As Cherry Lane is an entryway corridor, staff
recommends a minimum 20-foot-wide landscape
DEVELOPMENT AGREEMENT - 6
strip beyond required right-of-way adjacent to
Cherry Lane.
5.2.13A 20-foot wide minimum landscape buffer must be
provided adjacent to all residential uses.
5.2. 1 4 Coordinate locations and construction requirements
of trash enclosure with Sanitary Services, Inc., and
provide a letter of approval from their office prior to
applying for occupancy.
5.2.15 Provide letter of approval from Ada County
Highway District with submittal of site plan prior to
issuance of Certificate of Zoning Compliance.
5.2.1 6 Provide handicapped accessible parldng spaces and
associated signage in accordance with the Americans
with Disabilities Act. All building and parldng lot
construction needs to meet the requirements of the
Americans with Disabilities Act.
5.2.17 All Uniform Codes need to be met.
5.2.18Signage plans will be subject to design review. City
policy currently restricts signage along Cherry Lane
to 72 square feet.
5.2. I 9Applicant shall construct curb, gutter and sidewalk
adjacent, and additionally match the pavement on
existing Leisure Lane.
5.2.20Any existing irrigation ditches crossing the property
to be included in this project, shall be tiled per City
Ordinance. Plans will need to be approved by the
N ampa & Meridian Irrigation District, or lateral
users association.
DEVELOPMENT AGREEMENT - 7
5.2.2 1 Applicant will be required to extend the stubs in
Leisure Lane per City Policy to service the subject
site. Easements for the Sanitary Sewer and Water
main extensions will need to be granted to the City
of Meridian since Leisure Lane is private.
Assessment fees for sewer and water service will be
determined during the building plan review process.
5.2.22Any existing domestic wells and/or septic systems
within this project will have to be removed from
their domestic service per City Ordinance. Wells
may be used for non domestic purposes such as
landscape irrigation.
5.2.23All Off-Street Parldng, Landscaping, Drainage,
Lighting, Paving, and Striping shall be in accordance
with the standards set forth in 2-4-14 of the City of
Meridian Zoning and Development Ordinance.
5.2.24Applicant shall acquire a recorded cross access
easement for use of the private road (Leisure Lane)
for access to the public streets prior to issuance of a
building permit (or other required permits).
5.2.25The existing driveway on Cherry Lane will be closed,
the curb cut replaced with a standard curb, gutter
and 5-foot wide concrete sidewalk to match the
existing improvements.
5.2.26Utility street cuts in the new pavement are not
allowed unless approved in writing by the District.
Contact Construction Services at 345-7667 (with
file number) for details.
5.2.27 As required by District policy, restrictions on the
width, number and locations of driveways, shall be
placed on future development of this parceL
DEVELOPMENT AGREEMENT - 8
5.2.28Direct lot or parcel access to Cherry Lane is
prohibited.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developer" or
"Developer"'s heirs, successors, assigns, to comply with Section 6 entitled
"Conditions Governing Development of subject "Property" of this agreement
within two (2) years of the date this Agreement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in r.c.
§ 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" 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:
7.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Developer" and if the
"Developer" fails to cure such failure within six (6) months
of such notice.
8. INSPECTION: "Developer" shall, immediately upon completion
of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City
Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion thereof in accordance with the terms
and conditions of this Development Agreement and all other ordinances of
the "City" that apply to said Development.
9.
DEFAULT:
9.1
In the event "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
DEVELOPMENTAGREEMENT-9
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.
9.2
A waiver by "City" of any default by "Developer" of any
one or more of the covenants or conditions hereof shall
apply solely to the breach and breaches waived and shall
not bar any other rights or remedies of "City" or apply to
any subsequent breach of any such or other covenants and
conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "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.
11. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "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.
12.1 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 seeldng of any
remedy provided for herein; provided, however, that in the
DEVELOPMENT AGREEMENT - 10
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.
12.2 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.
13. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under §12-5-3 of the Meridian City Code, to
insure that installation of the improvements, which the "Developer" agrees to
provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "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; and in any event, no Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed, completed, and
accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "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.
DEVELOPMENT AGREEMENT - 11
16. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
DEVELOPER:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Michael L. Gamblin
3208 N. Linda Vista Place
Boise, ID 83704
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
16.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as 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.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
DEVELOPMENT AGREEMENT - 12
19. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation ofthe "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.
20. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "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".
21.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the ""City" has
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
DEVELOPMENT AGREEMENT - 13
amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the re-zone of the
"Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT - 14
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
'gre,~t ~d M"', it clf""'" " "":~ a ./
°Mi""" L: G=bHn.' .
Developer
Attest:
J!~~ & . ,f-
CITY CLERIC c:. 7
BY RESOLUTION NO. 2 ß 4-
CITY OF MERIDIAN
BY:
ey/Z\Work\M\Meridian l5360MlGamblin, Mike RZIDevelopAgr
DEVELOPMENT AGREEMENT - 15
STATE OF IDAHO
:ss
COUNTY OF ADA
. On this YHftdayof ~ , in the year 1999, before
me, ~ U f1r¿tC'¡;-- a Notary Public, personally appeared Michael L.
Gamblin, known or identified to me to be the person who executed the
instrument and acknowledge to me having executed the same.
...... UHRICH
* NOTARY PUBLIO *
STATE OF IDAHO
~
Cj:;;ry Public for Idaho
Commission expires: '1/ {}VI /0 tf
(SEAL)
STATE OF IDAHO
:ss
County of Ada )4
On this ¿f -
day of &uHJø.1'A
-
, in the year 1999,
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.
t2u~ ¿þ ~
Notary Public for Idaho
Commission expires: //-(1.:1-t:> Y
DEVELOPMENT AGREEMENT - 16
EXHIBIT A
Legal Description Of Property
A parcel of land in West half of the Southeast quarter of the
Southwest quarter of Section I of Township 3 North and
Range I West of the Boise Meridian, Ada County, Idaho,
more particularly described as beginning 280 feet West of
the Southeast comer of the West half of the Southeast
quarter of the Southwest quarter of said Section 1;
Thence North, 120 feet to the REAL POINT OF
BEGINNING;
Thence North, 210 feet;
Thence West, 120 feet;
Thence South, 210 feet;
Thence East, 120 feet to the REAL POINT OF BEGINNING.
DEVELOPMENT AGREEMENT - 17
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - 18
RECEIVED
û C:2 ~i999
BEFORE THE CITY COUNCIL OF
THE CITY OF MERIDIAN
CITY OF MERIDL<\l~
IN THE MATTER OF THE
REQUEST FOR REZONE OF
APPROXlMATELY.6 ACRES
FOR PROPOSED OFFICE
SPACE
Case No: RZ-99-008
MIKE GAMBLIN,
Applicant.
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONE
The above entitled matter on the rezoning application of .6 acres having
come on for public hearing on October 5, 1999, at the hour of 7:30 o'clock p.m., and
Council having received the report of Shari Stiles, Planning and Zoning
Administrator, and Shari Stiles, Planning and Zoning Administrator, Gary Smith,
City Engineer, and Mike Gamblin, Applicant, appeared and testified, and no one
appeared in opposition to the request, and the Council having received the record of
this matter made before the Planning and Zoning Commission, and having received
their Recommendation to the City Council, and the City Council having duly
considered the evidence and the record in this matter therefore makes the following
Findings of Fact and Conclusions of Law, Decision and Order:
FINDINGS OF FACT
1.
The notice of public hearing on the application for rezoning was
published for two (2) consecutive weeks prior to said public hearing scheduled for
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 1
October 5, 1999, before the City Council, the first publication appearing and written
notice having been mailed to property owners or purchasers of record within three
hundred (300') feet 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 October 5, 1999,
public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit
evidence.
2.
There has been compliance with all notice and hearing
requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416£
and 11-2-417 A, Municipal Code of the City of Meridian.
3.
The City Council takes judicial notice of its zoning, subdivisions
and development ordinances codified at Title 11, Municipal Code of the City of
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
City of Meridian adopted December 21,1993, Ordinance No. 629 - January 4,
1994, and maps and the ordinance Establishing the Impact Area Boundary.
4.
The property is approximately 0.6 acres in size. The property is
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 2
generally located on the corner of Cherry Lane and Leisure Lane, in Meridian.
5.
The owner of record of the subject property is Mike Gamblin, of
3208 N. Linda Vista Place, Boise, Idaho.
6.
The Applicant is the owner of record.
7.
The property is presently zoned as Medium Density Residential
(R-8), and is a vacant field.
8.
(L-O).
9.
The Applicant requests the property be rezoned to Limited Office
The proposed site is surrounded by residential and commercial
uses. The site is located approximately 75 feet north of the intersection of Cherry
Lane and Leisure Lane.
10.
Meridian.
11.
The subject property is 'within the city limits of the City of
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.
12.
The Applicant proposes to develop the subject property in the
following manner: by construction and development of a professional office building.
13.
The Applicant's requested rezoning of the subject real property as
Limited Office (L-O) is consistent with the designation on the Meridian
Comprehensive Plan Generalized Land Use Map which designates thesubject
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 3
property as Existing Urban and designates Cherry Lane as an entryway corridor.
14.
There are no significant or scenic features of major importance
that affect the consideration of this application.
15.
The subject rezoning request designation and proposed
development is consistent with the policies and goals of the Meridian Comprehensive
Plan as follow:
15.1 The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
15.1.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
programs.
15.1.2To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
15.1.3To encourage the land of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
15.1.4To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self,sufficient community.
15.1.5To encourage cultural, educational and recreational
facilities which v\fill fill the needs and preferences of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 4
citizens of Meridian and to ensure that these facilities are
available to all residents of the City.
15.1.6To provide community services to fit existing and projected
needs.
15.1.7To establish compatible and efficient use ofland through
the use of innovative and functional site design.
15.1. 8 To encourage a balance ofland use patterns to ensure that
revenues pay for services.
15.1.9To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
Forecast Needs are set forth at page 16 and states:
Forecast Needs: Based upon the City's aggressive Economic
Development Partnerships plus the recommended employment
forecast, additional land for employment -related land uses will
be required in the community. Community actions other than
land use will also be required to meet the employment needs of
the City.
Commercial Activity Centers are set forth at page 17 and
states:
Commercial Activity Centers: Retail, commercial and office
development are frequent partners within Commercial Activity
Centers. In order to support residential and industrial
developments, areas should be set aside as Commercial Activity
Centers and their development carefully guided.
The Employment Goal Statement at page 19 states:
Meridian will achieve and support a business climate that will
offer diverse employment opportunities to satisfy personal goals
and economic needs.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 5
2.2U Encourage and support job market expansion that provides
for mid-and upper-range wage scale and benefits.
Under LAND USE at page 21:
Commercial and retail areas are established along major arterials,
and include small commercial centers and individual businesses.
Uses include retail, wholesale, service, office, and limited
manufacturing.
Land Use Goal1.5U states at page 23:
1.5U Encourage a balance of land uses to ensure that Meridian
remains a desirable, stable and self-sufficient community.
Under Commercial Policies at page 26 it states:
4.5U Discourage isolated neighborhood commercial development
in residential areas unless the uses are compatible with the
Planned Neighborhood Commercial designation.
4.8U Encourage commercial uses, offices and medical-care uses to
locate in the Old Town district, business parks, shopping centers
and near high-intensity activity areas, such as freeway
interchanges.
Under Community Design at page 71 it states:
Community Identification Goal Statement -
Create visual quality and functional identity for the City of
Meridian and its surrounding environment.
1.
Policies
l.l
All commercial and industrial developments should
be reviewed by the City for adequate site planning.
1.2
Neighborhood areas should be identified for future
planning purposes to assure that development will
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN I OFFICE SPACE - 6
strengthen the community feeling of quality.
Special Community Design Areas Goal Statement:
2.1 U Require businesses and government to install and
maintain landscaping.
Quality of Environment Goal Statement:
5.2U Ensure that all new development enhances rather
than detracts from the visual quality of its surroundings,
especially in areas of prominent visibility.
16.
In review of the application for rezone it is provided at Section
11-2-416K of the Municipal Code that the Commission and Council review
particular facts and circumstances of this proposed zoning amendment and finds
subject to the conditions herein Finding 16.11, imposed that:
16.1 The area included in the zoning amendment is not
intended to be rezoned in the future;
16.2 The application intends to construct and develop a
professional office building in accordance with the
PRELIMINARY "NOT FOR CONSTRUCTION" Al Site
Layout Plan, dated April I I, 1999, SHEET 2.20, BY: DR.
GREG GUYMEN, MEDICAL DESIGN GROUP,
ARCHITECT, and the SCHEMATIC SITE PLAN
LAYOUT, BY: JAMES GIPSON ASSOCIATES,
ARCHITECT;
16.3 The proposed use will 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;
16.4 The proposed use will not be hazardous or disturbing to
existing or future neighboring uses;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 7
16.5 The area will 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;
16.6 The use 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;
16.7 The proposed use will not involve a use, activity, process,
material, equipment and condition 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;
16.8 The area will have vehicular approaches to the property
which shall be so designed as not to create an interference
with traffic on surrounding public streets;
16.9 The use will not result in the destruction, loss or damage of
a natural or scenic feature of major importance; and
16.10 The proposed zoning amendment is .in the best interest of
the City of Meridian.
16.11 The following are reasonable conditions of rezone:
16.11.1
Off-street parldng shall be provided in
accordance with Section 11-2-414 of the City
of Meridian Zoning and Development
Ordinance and/or as detailed in site-specific
requirements.
16.11.2
Paving and striping of driveways and parldng
lot shall be in accordance with the standards
set forth in Sections 1l-2-414.D.4 and 11-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 8
16.11.3
16.11.4
16.11.5
16.11.6
16.11.7
16.11.8
2"414.D.5 of the City of Meridian Zoning
and Development Ordinance and in
accordance with Americans with Disabilities
Act (ADA) requirements.
A drainage plan designed by a State of Idaho
licensed architect or engineer is required and
shall be submitted to the City Engineer (Ord.
557,10-1-91) for all off-street parldng areas.
All site drainage shall be contained and
disposed of on-site.
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.
Outside lighting shall be designed and placed
so as not to direct illumination on any nearby
residential areas and in accordance with City
Ordinance Section 11-2-414.D.3.
All signage shall be in accordance with the
standards set forth in Section 11-2-415 of the
City of Meridian Zoning and Development
Ordinance. No temporary signage, flags,
banners or flashing signs will be permitted.
Provide five-foot-wide sidewalks in
accordance with City Ordinance Section 11-
9-606.B.
All construction shall conform to the
requirements of the Americans with
Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 9
16.11.9
16.11.10
16.l1.11
16.11.12
16.11.13
16.11.14
16.11.15
16.11.16
Provide site plan detailing parldng,
landscaping, trash enclosures, ete., for review
to ensure zoning compliance prior to applying
for a Building Permit.
Applicant shall be required to enter into an
Assessment Agreement with the City of
Meridian.
Provide calculation of asphalt area with future
site plans. A minimum of one (1) three-inch
(3") caliper tree per 1,500 square feet of
asphalt are required per current Ordinance.
Note: a draft landscape ordinance is currently
being considered by the City. If the landscape
ordinance is adopted prior to application for a
Certificate of Zoning Compliance, the new
ordinance will regulate the landscaping on the
site.
As Cherry Lane is an entryway corridor, staff
recommends a minimum 20-foot-wide
landscape strip beyond required right-of-way
adjacent to Cherry Lane.
A 20-foot wide minimum landscape buffer
must be provided adjacent to all residential
uses.
Coordinate locations and construction
requirements of trash enclosure with Sanitary
Services, Ine., and provide a letter of approval
from their office prior to applying for
occupancy.
Provide letter of approval from Ada County
Highway District with submittal of site plan
prior to issuance of Certificate of Zoning
Compliance.
Provide handicapped accessible parldng
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 10
16.11.17
16.11.18
16.11.19
16.11.20
16.11.21
16.11.22
16.11.23
spaces and associated signage in accordance
with the Americans ,vith Disabilities Act. All
building and parldng lot construction needs
to meet the requirements of the Americans
,vith Disabilities Act.
All Uniform Codes need to be met.
Signage plans will be subject to design review.
City policy currently restricts signage along
Cherry Lane to 72 square feet.
Applicant shall construct curb, gutter and
sidewalk, and additionally match the
pavement on existing Leisure Lane.
Any existing irrigation ditches crossing the
property to be included in this project, shall
be tiled per City Ordinance. Plans will need
to be approved by the Nampa & Meridian
Irrigation District, or lateral users association.
Applicant will be required to extend the stubs
in Leisure Lane per City Policy to service the
subject site. Easements for the Sanitary Sewer
and Water main extensions will need to be
granted to the City of Meridian since Leisure
Lane is private. Assessment fees for sewer and
water service will be determined during the
building plan review process.
Any existing domestic wells and/or septic
systems within this project ,viII have to be
removed from their domestic service per City
Ordinance. Wells may be used for non
domestic purposes such as landscape
irrigation.
All Off-Street Parldng, Landscaping,
Drainage, Lighting, Paving, and Striping shall
be in accordance with the standards set forth
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 11
16.11.24
16.11.25
16.11.26
16.11.27
16.11.28
16.11.29
in 2-4-14 of the City of Meridian Zoning and
Development Ordinance.
Applicant shall acquire a recorded cross access
easement for use of the private road (Leisure
Lane) for access to the public streets prior to
issuance of a building permit (or other
required permits).
The existing driveway on Cherry Lane 'Nill be
closed, the curb cut replaced with a standard
curb, gutter and 5-foot wide concrete
sidewalk to match the existing improvements.
Utility street cuts in the new pavement are
not allowed unless approved in writing by the
District. Contact Construction Services at
345-7667 (with file number) for details.
As required by District policy, restrictions on
the width, number and locations of
driveways, shall be placed on future
development of this parcel.
Direct lot or parcel access to Cherry Lane is
prohibited.
That the subject property shall be developed
in accordance with the PRELIMINARY
"NOT FOR CONSTRUCTION" Al Site
Layout Plan, dated April ll, 1999, SHEET
2.20, BY: DR. GREG GUYMEN, MEDICAL
DESIGN GROUP, ARCHITECT, and the
SCHEMATIC SITE PLAN LAYOUT, BY:
JAMES GIPSON ASSOCIATES,
ARCHITECT.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN I OFFICE SPACE - 12
17.
The legal description of the property that is the subject of this
application for re-zone is as follows:
A parcel of land in West half of the Southeast quarter of the Southwest
quarter of Section I of Township 3 North and Range 1 West of the
Boise Meridian, Ada County, Idaho, more particularly described as
beginning 280 feet West of the Southeast corner of the West half of the
Southeast quarter of the Southwest quarter of said Section 1;
Thence North, 120 feet to the REAL POINT OF BEGINNING;
Thence North, 210 feet;
Thence West, 120 feet;
Thence South, 210 feet;
Thence East, 120 feet to the REAL POINT OF BEGINNING.
CONCLUSIONS OF LAW
1.
The Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within the City and State.
2.
The City of Meridian has exercised its authority and
responsibility as provided by "Local Land Use Planning Act of 1975", 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.
3.
The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE. 13
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.1
To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
programs.
To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
To encourage the land of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
To preserve and improve the character and quality of
Meridian's man,made environment while maintaining its
identity as a self-sufficient community.
To encourage cultural, educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to ensure that these facilities are
available to all residents of the City.
To provide community services to fit existing and projected
needs.
To establish compatible and efficient use of land through
the use of innovative and functional site design.
To encourage a balance of land use patterns to ensure that
revenues pay for services.
To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 14
Forecast Needs are set forth at page 16 and states:
Forecast Needs: Based upon the City's aggressive Economic
Development Partnerships plus the recommended employment
forecast, additional land for employment -related land uses will
be required in the community. Community actions other than
land use will also be required to meet the employment needs of
the City.
Commercial Activity Centers are set forth at page 17 and
states:
Commercial Activity Centers: Retail, commercial and office
development are frequent partners within Commercial Activity
Centers. In order to support residential and industrial
developments, areas should be set aside as Commercial Activity
Centers and their development carefully guided.
The Employment Goal Statement at page 19 states:
Meridian will achieve and support a business climate that will
offer diverse employment opportunities to satisfy personal goals
and economic needs.
2.2U Encourage and support job market expansion that provides
for mid-and upper-range wage scale and benefits.
Under LAND USE at page 21:
Commercial and retail areas are established along major arterials,
and include small commercial centers and individual businesses.
Uses include retail, wholesale, service, office, and limited
manufacturing.
Land Use Goall.5U states at page 23:
1.5U Encourage a balance of land uses to ensure that Meridian
remains a desirable, stable and self-sufficient community.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 15
Under Commercial Policies at page 26 it states:
4.5U Discourage isolated neighborhood commercial development
in residential areas unless the uses are compatible with the
Planned Neighborhood Commercial designation.
4.8U Encourage commercial uses, offices and medical-care uses to
locate in the Old Town district, business parks, shopping centers
and near high-intensity activity areas, such as freeway
interchanges.
Under Community Design at page 71 it states:
Community Identification Goal Statement -
Create visual quality and functional identity for the City of
Meridian and its surrounding environment.
1.
Policies
l.l
All commercial and industrial developments should
be reviewed by the City for adequate site planning.
1.2
Neighborhood areas should be identified for future
planning purposes to assure that development will
strengthen the community feeling of quality.
Special Community Design Areas Goal Statement:
2.1 U Require businesses and government to install and
maintain landscaping.
Quality of Environment Goal Statement:
5.2U Ensure that all new development enhances rather
than detracts from the visual quality of its surroundings,
especially in areas of prominent visibility.
4.
The requested zoning of Limited Office District, (L-O) is defined
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROY AL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE. 16
in the Zoning Ordinance at 11-2-408B(7) as follows:
(L-G) Limited Office District: The purpose of the (L-O) District is to
permit the establishment of groupings of professional, research,
executive, administrative, accounting, clerical, stenographic, public
service and similar uses. Research uses shall not involve heavy testing
operations of any land or product manufacturing of such a nature to
create noise, vibration or emissions of a nature offensive to the overall
purpose of this district. The L-O District is designed to act as a buffer
between other more intense non-residential uses and high density
residential uses, and is thus a transitional use. Connection to the
Municipal Water and Sewer System of the City of Meridian is a
requirement in this district.
5.
Section 11-2-409 of the Municipal Code, ZONING SCHEDULE
OF USE CONTROL, B, Commercial, lists professional and sales office uses allowed
in the various zoning districts of the City which provide that professional office
building uses are permitted uses in the (L-O) Limited Office District zone.
6.
Idaho Code § 67-6511 provides and requires that the City
shall establish by ordinance one or more zones or zoning districts in accordance with
the adopted Comprehensive Plan and the ordinance establishing zoning districts can
be amended with particular consideration given to the effects of any proposed zone
change upon the delivery of services by any political subdivision providing public
services, including school districts, within the City's planning jurisdiction and that it
is in conformance with the Comprehensive Plan.
7.
Idaho Code § 67 -6511A provides:
Each governing board may, by ordinance adopted or amended in
accordance with the notice and hearing provisions provided under
section 67-6509, Idaho Code, require or permit as a condition of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN I OFFICE SPACE -17
rezoning that an owner or developer make a written commitment
concerning the use or development of the subject parceL The governing
board shall adopt ordinance provisions governing the creation, form,
recording, modification, enforcement and termination of conditional
commitments.
8.
The City of Meridian by the adoption of § 11-2-416L has
exercised its authority 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 property.
9.
follows:
§ 11-2-407 A ZONING DISTRICT MAP provides in part as
The districts established in this Ordinance as shown on the
Official Zoning Map, together with all explanatory matter thereon, are
hereby adopted as part of this Ordinance. Where uncertainty exists
with respect to the boundaries of any of the zoning districts as shown
on the Official Zoning Map, the following shall apply:
9.1
9.2
9.3
Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of-way lines,
streams, lakes or other bodies of water, the centerline shall be
construed to be such boundary;
Where district boundaries are so indicated that they
approximately follow the lot lines, such lot lines shall be
construed to be said boundaries;
Where district boundaries are so indicated that they are
approximately parallel to the centerlines or street lines of streets,
or the centerlines or right-of-way lines of highways, such district
boundaries shall be construed as being parallel thereto and at
such djstance therefrom as indicated on the Official Zoning Map.
If no distance is given, such dimensions shall be determined by
the use of the scale shown on the Official Zoning Map; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN I OFFICE SPACE - 18
9.4
Where the boundary of a district follows a railroad line, such
boundary shall be deemed to be located in the middle of the main
tracks of said railroad line.
10.
§ 11-2-416 K of the Municipal Code GENERAL STANDARDS
APPLICABLE TO ZONING AlvlENDMENTS provides in part as follows:
The Commission and Council shall review the particular facts and
circumstances of each proposed zoning amendment in terms of the
following standards and shall find adequate evidence answering the
following questions about the proposed zoning amendment:
10.1 The new zoning will be harmonious with and in accordance with
the Comprehensive Plan.
10.2 The area is not intended to be rezoned in the future.
10.3 The area is intended to be developed in the fashion that is
allowed under the new zoning.
10.4 There has been no change in the area or adjacent areas which
would dictate the area should be rezoned.
10.5 The proposed uses will 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;
10.6 The proposed uses will not be hazardous or disturbing to existing
or future neighboring uses;
10.7 The area will 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;
10.8 The use will not create excessive additional requirements at
public cost for public facilities and services and will not be
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE. 19
detrimental to the economic welfare of the community;
10.9 The proposed uses will not involve uses, activities, processes,
materials, equipment and conditions of operation that ,viII be
detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
10.10 The area will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic
on surrounding public streets;
10.11 The use will not result in the destruction, loss or damage of a
natural or scenic feature of major importance; and
10.12 The proposed zoning amendment is in the best interest of the
City of Meridian.
11.
§ 11-2-417 A and C of the Municipal Code provides in part as
follows:
2-417 A
Prior to annexation of an unincorporated area, the Council shall request
and receive a recommendation from the Planning and Zoning
Commission on the proposed annexation and the proposed zoning for
the annexed area. The Commission, the City, the applicant, and the
Council shall follow the notice and hearing procedures provided in
Section 11-2-416, Zoning Amendment Procedures. Provided, however,
that the final decision of the Council shall not be appealable since such
decision is a legislative function even though the procedure is designed
to be quasi-judicial in natUre and provides due process to the applicant.
The application for annexation shall include a request for a zoning
designation and, upon annexation, the property shall be zoned;
however, procedurally, the property shall be deemed to have been
annexed prior to being zoned and for appeal rights, there can be no
appeal from the zoning decision if the property is not first annexed. If
the annexation shall necessitate an amendment to the Comprehensive
Plan, the Commission shall advise the applicant to request a
Comprehensive Plan Amendment prior to further consideration of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN I OFFICE SPACE - 20
annexation. If the Commission and Council approve an annexation
request, the Commission and Council shall insure that said annexation
is in accord with this Ordinance and the Comprehensive Plan.
2-417 C
No property shall be annexed and zoned if it is not within the Meridian
Urban Service Planning Area as set forth in the Meridian
Comprehensive Plan. An application for annexation and zoning of land
not within the Meridian Urban Service Planning Area may be submitted
to the City if it is accompanied by an application to amend the
Meridian Comprehensive Plan to change the Meridian urban Service
Planning Area to have the land for which annexation has been applied
for included in the Meridian Urban Service Planning Area. The
application to amend the Comprehensive Plan and Meridian Urban
Service Planning Area must be processed and granted either
simultaneously or prior to the annexation application. If the application
to amend the Comprehensive Plan and the Urban Service Planning Area
is not granted, the annexation application shall not be granted.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND
FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH
ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order:
1.
The Applicant's request for rezone of approximately .6 acres for
proposed office is granted, subject to the terms and conditions of this Order
hereinafter stated; and
2.
The City Attorney is directed to prepare a development
agreement in accordance with the general form used by the City of Meridian for such
agreements, with the following special terms and conditions related to in this
application to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 21
2.1
To construct, develop, use and maintain a professional office
building in accordance with the PRELIMINARY "NOT FOR
CONSTRUCTION" Al Site Layout Plan, dated April 11, 1999,
SHEET 2.20, BY: DR. GREG GUYMEN, MEDICAL DESIGN
GROUP, ARCHITECT, and the SCHEMATIC SITE PLAN
LAYOUT, BY: JAMES GIPSON ASSOCIATES, ARCHITECT.
2.2
The following are reasonable conditions of rezone, which shall be
the subject of the terms of a development agreement as a
condition of rezone and which conditions areas follows:
2.2.1 Off-street parldng shall be provided in accordance with
Section 11-2-414 of the City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific
requirements.
2.2.2 Paving and striping of driveways and parldng lot shall be in
accordance with the standards set forth in Sections 11-2-
414.0.4 and 11-2-414.D.5 of the City of Meridian Zoning
and Development Ordinance and in accordance with
Americans with Disabilities Act (ADA) requirements.
2.2.3 A drainage plan designed by a State of Idaho licensed
architect or engineer is required and shall be submitted to
the City Engineer (Ord. 557, 10-1-91) for all off-street
parldng areas. All site drainage shall be contained and
disposed of on-site.
2.2.4 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.
2.2.5 Outside lighting shall be designed and placed so as not to
direct illumination on any nearby residential areas and in
accordance with City Ordinance Section 11-2-414.D.3.
2.2.6 All signage shall be in accordance with the standards set
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 22
forth in SeCtion 11-2-415 of the City of Meridian Zoning
and Development Ordinance. No temporary signage, flags,
banners or flashing signs will be permitted.
2.2.7 Provide five-foot-wide sidewalks in accordance with City
Ordinance Section 11-9-606.B.
2.2.8 All construction shall conform to the requirements of the
Americans with Disabilities Act.
2.2.9 Provide site plan detailing parking, landscaping, trash
enclosures, etc., for review to ensure zoning compliance
prior to applying for a Building Permit.
2.2.lOApplicant shall be required to enter into an Assessment
Agreement with the City of Meridian.
2.2.11 Provide calculation of asphalt area with future site plans. A
minimum of one (1) three-inch (3") caliper tree per 1,500
square feet of asphalt are required per current Ordinance.
Note: a draft landscape ordinance is currently being
considered by the City. If the landscape ordinance is
adopted prior to application for a Certificate of Zoning
Compliance, the new ordinance will regulate the
landscaping on the site.
2.2.12As Cherry Lane is an entryway corridor, staff recommends
a minimum 20-foot-wide landscape strip beyond required
right-of-way adjacent to Cherry Lane.
2.2.13A 20-foot wide minimum landscape buffer must be
provided adjacent to all residential uses.
2.2.14Coordinate locations and construction requirements of
trash enclosure with Sanitary Services, Inc., and provide a
letter of approval from their office prior to applying for
occupancy.
2.2. 1 5 Provide letter of approval from Ada County Highway
District with submittal of site plan prior to issuance of
Certificate of Zoning Compliance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 23
2.2. I 6 Provide handicapped accessible parldng spaces and
associated signage in accordance with the Americans with
Disabilities Act. All building and parldng lot construction
needs to meet the requirements of the Americans with
Disabilities Act.
2.2.17All Uniform Codes need to be met.
2.2.18Signage plans will be subject to design review. City policy
currently restricts signage along Cherry Lane to 72 square
feet.
2.2.19Applicant shall construct curb, gutter and sidewalk
adjacent, and additionally match the pavement on existing
Leisure Lane.
2.2.20Any existing irrigation ditches crossing the property to be
included in this project, shall be tiled per City Ordinance.
Plans will need to be approved by the Nampa & Meridian
Irrigation District, or lateral users association.
2.2.2 I Applicant will be required to extend the stubs in Leisure
Lane per City Policy to service the subject site. Easements
for the Sanitary Sewer and Water main extensions will
need to be granted to the City of Meridian since Leisure
Lane is private. Assessment fees for sewer and water service
will be determined during the building plan review process.
2.2.22Any existing domestic wells and/or septic systems within
this project will have to be removed from their domestic
service per City Ordinance. Wells may be used for non
domestic purposes such as landscape irrigation.
2.2.23All Off-Street Parking, Landscaping, Drainage, Lighting,
Paving, and Striping shall be in accordance with the
standards set forth in 2-4-14 of the City of Meridian
Zoning and Development Ordinance.
2.2.24Applicant shall acquire a recorded cross access easement
for use of the private road (Leisure Lane) for access to the
public streets prior to issuance of a building permit (or
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN I OFFICE SPACE - 24
other required permits).
2.2.25The existing driveway on Cherry Lane will be closed, the
curb cut replaced with a standard curb, gutter and 5-foot
wide concrete sidewalk to match the existing
improvements.
2.2.26 Utility street cuts in the new pavement are not allowed
unless approved in writing by the District. Contact
Construction Services at 345-7667 (with file number) for
details.
2.2.27 As required by District policy, restrictions on the width,
number and locations of driveways, shall be placed on
future development of this parcel.
2.2.28Direct lot or parcel access to Cherry Lane is prohibited.
3.
The City Attorney shall prepare for consideration by the
City Council the appropriate ordinance for the re-designation of the zoning for the
real property which is the subject of the application to (L-O) Limited Office District
(§ 11-2-408 B (7) of the Revised and Compiled Ordinances of the City of Meridian)
which ordinance shall be considered for passage subsequent to the applicant having
executed the development agreement.
4.
Subsequent to the passage of the Ordinance, provided for in
Section 2 of this Order, the engineering staff of the Public Works Department shall
prepare the appropriate mapping changes of the official. Zoning Maps as provided in §
11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in
accordance with the provisions of the rezoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFICE SPACE - 25
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of
the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a
person who has an interest in real property which may be adversely affected by the
issuance or denial of the rezoning 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
lq~ 01
M~,1999.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED ~'::-
COUNCILMAN GLENN BENTLEY
VOTED *
COUNCILMAN KEITH BIRD
VOTED*
COUNCILMAN CHARLIE ROUNTREE
VOTED -þ-
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: (0-/9-'11
VOTED -
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN I OFFICE SPACE - 26
MOTION: ~)
APPROVED;-::
DISAPPROVED:-
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
By:J£~ß~ìl !þ
City Clerk
Dated:
I tl-/ c¡ - c¡ c¡
msglZ,IWorklMlMeridian 1 5360MIGamblin. Mike RZ\FfsClsOrderREZONE
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .6 ACRES BY MIKE GAMBLIN / OFFiCE SPACE. 27