Wendell & Kathleen Lawrence
PARTIES: 1.
2.
~.. ..'... '~eJ~ RECORDED-REQUESTOr
ADA. COUtI. TY R. ECORDER ~. 'A if.!\ I
J.OAVIONAVßRRO 42- ~~
DEVELOPM¡19~~Î-q~R~El~T FEE 9 9 DO 5 6 3 6 7' ~
City of Meridian
Wendell Lawrence and Kathleen Lawrence
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this~ day ofJún..e.. ,1999, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and WENDELL LAWRENCE and KATHLEEN
LAWRENCE, husband and wife, hereinafter called "DEVELOPER", whose
address is 370 North Linder Road, Meridian, Idaho 83642.
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 has requested a designation of L-O, Limited
Office District, (Municipal Code of the City of Meridian);
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 - 1
1.6
1.7
1.8
1.9
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 - day of -' 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
takes final action on annexation and zoning designation;
and
"DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at its
urging and requests; and
1.10 WHEREAS, "City" requires the "Developer" to enter into
a development agreement for the purpose of ensuring that
the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions
of this development agreement, herein being established as
a result of evidence received by the "City" in the
proceedings for annexation and zoning designation from
government subdivisions providing services within the
planning jurisdiction and from affected property owners
and to ensure annexation and zoning designation is in
accordance with the Comprehensive Plan of the City of
Meridian adopted December 21,1993, Ordinance #629,
January 4, 1994, and the Zoning and Development
Ordinance codified in Title 11, Municipal Code of the City
of Meridian.
DEVELOPMENTAGREEMENT-2
NOW, THEREFORE, in consideration ofthecovenants 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 Wendell Lawrence
and Kathleen Lawrence, husband and wife, whose address
is 370 North Linder Road, Meridian, Idaho 83642, 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.
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 L-O
Limited Office District codified at Section 11-2-408 B. 7.
Meridian City Code which are herein specified as follows:
(L-o) Limited Office District; The purpose of the (L-O)
District is to permit the establishment of groupings of
professional, research, executive, administrative,
accounting, clerical, stenographic, public service and
similar uses. Research uses shall not involve heavy testing
operations of any kind or product manufacturing of such a
DEVELOPMENT AGREEMENT - 3
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 systems 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. 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.
6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
6.1
"Developer" shall develop the "Property" in accordance
with the following special conditions:
6.1.1 This application is for annexation and zoning of 1
acre located on Linder Road, South of Pine Street,
North of Hwy 30 and Franklin Road, Meridian,
Idaho. The legal description shall be prepared by a
Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the
City of Meridian Resolution No. 158. The legal
description for annexation must place this parcel
contiguous to the Corporate City Limits per
Ordinance No. 686.
6.1.2 That the City Attorney shall prepare for
consideration by the City Council the appropriate
ordinance for the annexation and zoning
designation. The (L-O) Limited Office Ordinance
shall not be finally approved by the City Council
until the provisions of the Decision and Order have
been met; and
DEVELOPMENT AGREEMENT - 4
6.1.3. The legal description for annexation included in the
application appears to describe the subject site and
1/2 of the adjacent rights-of-way of the Union Pacific
Railroad and North Linder Road.
6.1.4 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 shall be designated on the site plans. Plans
shall be approved by the appropriate
irrigation/drainage district, or lateral users
association, with written confirmation of said
approval submitted to the PublicWorks
Department. No variances have been requested for
tiling of any ditches crossing this project.
6.1.5 Any existing domestic wells and/or septic systems
within this project shall be removed from their
domestic service per City Ordinance Section 5-7-5
17. Wells may be used for non-domestic purposes
such as landscape irrigation.
6.1.6 The Meridian Comprehensive Plan shows a
designation of existing urban for this property. This
request appears to be consistent with the goals and
policies of the Meridian Comprehensive Plan.
6.1. 7 Off-street parking 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.
6.1.8 Paving and striping 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.
6.1.9 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-
DEVELOPMENT AGREEMENT - 5
91) for all off-street parking areas. All site drainage
shall be contained and disposed of on-site.
6. I.l 0 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 11-2-14.D.3.
6.1.11 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 sign age or flashing signs will be
permitted.
6.1. 12Applicants shall determine the normal high
groundwater elevation, and submit a profile of the
subsurface soil conditions as prepared by a soil
scientist with the design of a site drainage plan.
6. 1. 13Applicants shall provide five-foot-wide sidewalks in
accordance with City Ordinance Section 11-9-
606.B.
6.1.14All construction shall conform to the requirements
of the Americans with Disabilities Act.
6.1.15 The conditional use permit shall be subject to review
upon ten days notice to the Applicant.
6. 1. 16Sanitary sewer service to the proposed site could be
extended from the existing main line installed
adjacent to the north of the subject site.
6.1.17Water service to the proposed site could be
extended from the existing water main line installed
in Linder Road. Applicants shall provide the Public
Works Department with information on anticipated
fire flow and domestic water requirements for the
proposed site.
6. 1. 18Assessment fees for water and sewer service are
determined during the building plan review process.
DEVELOPMENT AGREEMENT - 6
Applicant shall be required to enter into an
Assessment Agreement with the City of Meridian.
6.1.19 A minimum of one three-inch caliper tree is required
for every 1,500 square feet of pavement. Applicant
shall provide square footage of pavement so quantity
of three-inch-caliper trees required can be
determined. Applicant shall submit detailed
landscape plans for review and approval during the
building plan review process.
6.1.20Applicant shall pay particular attention to lighting
plans to ensure that lights do not cause glare or
impact adjacent residential properties or the
traveling public, as determined by the Meridian
Public Works Department. The Public Works
Department is in the process of determining
detailed standards for lighting.
6.1.21A minimum 20-foot-wide landscape setback beyond
required right-of-way on Linder Road shall be made
a condition of annexation. The setbacl,s shown
exceed this requirement.
6.1.22 Provide and maintain minimum 20-fooHvide planting
strips adjacent to all residential properties.
6.1.23No use of the Union Pacific Railroad corridor is
proposed, and none is approved with this application.
Use of the UPRR corridor without appropriate
approvals may be cause for revocation of the
conditional use permit. The Meridian Comprehensive
Plan calls for preservation of the UPRR corridor for
future pathway use. Planting strips adjacent to the
railroad corridor are encouraged.
6.1.24No signage details were submitted. Detailed signage
plans shall be included as part of this application for
review and approval. All signage is subject to design
review approval.
6.1.25 Coordinate the location and sizing requirements of the
trash enclosure with Sanitary Services, Inc.
DEVELOPMENT AGREEMENT - 7
6.1.26Ada County Highway District's draft report indicates
they will only approve a single driveway access on
Linder Road which would align with an existing
driveway to the west. Modification of the site plan will
be required to reflect the conditions of Ada County
Highway District.
6.1.27 Any transfer of the conditional use permit will require
a public hearing in accordance with City Ordinance.
6.1.28 Submit evidence of licensing from the Idaho
Department of Health & Welfare prior to operation of
the facility.
6.1.29 Applicant shall obtain a Certificate of Occupancy prior
to any use of the building.
6.1.30The P&Z Commission and Council may prescribe
appropriate conditions, bonds and safeguards in
accordance with Ordinance Section 11-2-418.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and the
zoning designation reversed, upon a default of the "Developer" 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 I.C § 67-6509, or any
subsequent amendments or recodifications thereof.
8. 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:
8.1
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.
DEVELOPMENT AGREEMENT - 8
9. 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.
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 connection with the
"Property", this Agreement may be modified or terminated
by the "City" upon compliance with the requirements of the
Zoning Ordinance.
10.2 A waiver by "City" of any default by "Developer" 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. 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 stich 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.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Developer", or by any successor or
DEVELOPMENT AGREEMENT - 9
successors in title or by the assigns of the parties hereto. Enforcement may be
sought by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations contained
herein.
13.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer" shall have thirty
(30) days after delivery of notice of said breach to correct the
same prior to the non-breaching party's seeking of any
remedy provided for herein; provided, however, that in the
case of any such default which cannot with diligence be cured
within such thirty (30) day period, if the defaulting party
shall commence to cure the same within such thirty (30) day
period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such
failure may be extended for such period as may be necessary
to complete the curing of the same with diligence and
continuity.
13.2 In the event the performance of any covenant to be
performed hereunder by either "Developer" 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.
14. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under 11-9-606 C of the Meridian City Code, to
insure that installation of the improvements, which the "Developer" agrees to
provide, if required by the "City".
15. 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".
16. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees
to abide by all ordinances of the City of Meridian and the "Property" shall be
DEVELOPMENT AGREEMENT - 10
subject to de-annexation if the owner or his assigns, heirs, or successors shall not
meet the conditions contained in the Findings of Fact and Conclusions of Law,
this Development Agreement, and the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified mail,
postage prepaid, return receipt requested, addressed as follows:
CITY:
DEVELOPER:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Wendell and Kathleen Lawrence
370 North Linder Road
Meridian, Idaho 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
17.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof in
accordance with the requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between
the parties hereto concerning this Agreement, the prevailing party shall be
entitled, in addition to any other relief as may be granted, to court costs and
reasonable attorney's fees as determined by a Court of competent jurisdiction.
This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term,
condition and provision hereof, and that the failure to timely perform any of the
obligations hereunder shall constitute a breach of and a default under this
Agreement by the other party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs, successors,
DEVELOPMENT AGREEMENT - 11
assigns and personal representatives, including "City"'s corporate authorities and
their successors in office. This Agreement shall be binding on the owner of the
"Property", each subsequent owner and any other person acquiring an interest in
the "Property". Nothing herein shall in any way prevent sale or alienation of the
"Property", or portions thereof, except that any sale or alienation shall be subject
to the provisions hereof and any successor owner or owners shall be both
benefitted and bound by the conditions and restrictions herein expressed. "City"
agrees, upon written request of "Developer", to execute appropriate and
recordable evidence of termination of this Agreement if "City", in its sole and
reasonable discretion, had determined that "Developer" has fully performed its
obligations under this Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held
not valid by a court of competent jurisdiction, such provision shall be deemed to
be excised from this Agreement and the invalidity thereof shall not affect any of
the other provisions contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer"
and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or
implied, between "Developer" and "City", other than as are stated herein. Except
as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless
reduced to writing and signed by them or their successors in interest or their
assigns, and pursuant, with respect to "City", to a duly adopted ordinance or
resolution of "City".
22.1 No condition governing the uses and/or conditions governing
development of the subject "Property" herein provided for
can be modified or amended without the approval of the City
Council after the ""City" has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the
proposed amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT - 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
By:¡i¿~~ /~
Wendell Lawrence
Developer
BY ~~~~
<athleen La nce
Developer
Attest:
~~ß~{l .
CITY CLERIC T
BY RESOLUTION NO. Z- '33
CITY OF MERIDIAN
eylZ:IWorklMlMeridian lS360MILawrence Day CareIDevelopAgru."7ence
DEVELOPMENT AGREEMENT - 13
STATE OF IDAHO
:ss
COUNTY OF ADA)
On th~s )<.St day of Su~ , in the year 1999 , before
me, IY)1S a Notary Public, personally appeared Wendell and
Kathleen awrence, husband and wife, known or identified to me to be the
persons who executed the instrument and acknowledged to me having executed
the same.
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STATE OF IDAHO
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County of Ad~n this I ~ day of ~ ' in the year IW.,
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, ofthe
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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DEVELOPMENT AGREEMENT - 14
Legal Description Of Property
DEVELOPMENT AGREEMENT - 15
EXHIBIT A
EXHIBIT "A"
A parcel of land located in the Southwest Quarter of Section 12, Township 3
North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more
particularly described as follows:
Commencing at the Southwest corner of said Section 12; thence North
00°04'00" West a distance of 1282.33 feet along the Westerly line of said
Section 12 to the TRUE POINT OF BEGINNING, said point being the
Southwest corner of Lot 1, Heppers Acre Subdivision; thence North 00°04'00"
West a distance of 300.02 feet continuing along the Westerly line of said
Section 12 to a point on the center line of Union Pacific Railroad Right-of-
Way; thence South 88°59'00" East a distance of 358.61 feet along said Union
Pacific Railroad Right of Way center line to a point; thence South 00°07'00"
West a distance of 300.00 feet to the Southeast corner of Lot 1, Heppers Acre
Subdivision; thence North 88°59'00" West a distance of 357.65 feet along the
south line of Lot 1 of said Heppers Acre Subdivision to the POINT OF
BEGINNING.
Said parcel contains 2.47 acres more or less.
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - 16
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF WENDELL &
KATHLEEN LAWRENCE FOR
ANNEXATION AND ZONING
OF 2.47 ACRES FORA CHILD
CARE FACILITY, MERIDIAN,
IDAHO
Case No. AZ-98-1O2
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on
for public hearing on April 20, 1999, at the hour of 7:30 o'clocl, p.m., Brad Hawkins-
Clark having appeared on behalf of the Planning and Zoning Department, and the
Applicant, l<athleen Lawrence, having appeared and testified, and no one having
testified in opposition, the City Council having duly considered the evidence and the
record in this matter therefore makes the following Findings of Fact and Conclusions
of Law, and Decision and Order:
FINDINGS OF FACT
1.
The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FOR A CHILD CARE FACILITY
scheduled for April 20, 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 April 20, 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 §§11-2-416E and 11-2-417 A,
Municipal Code of the City of Meridian.
3.
The City Council takes judicial notice of its zoning, subdivision and
development ordinances codified at Title 11, Municipal Code of the City of
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994,
and maps and the ordinance establishing the Impact Area Boundary.
4.
The property is approximately 1 acre in size, but the legal description
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FOR A CHILD CARE FACILITY
describes more than 1 acre because it includes the UPRR right-of-way and Linder
Road right-of-way. The property is located on Linder Road, South of Pine Street,
North of Hwy 30 and Franklin Road.
5.
The owners of record of the subject property are Woodrow and Anita
Chase, of 370 N. Linder, Meridian, Idaho.
6.
Applicants are Wendell and Kathleen Lawrence, of 889 N. Fillmore
Way, Meridian, Idaho.
7.
The property is presently zoned by Ada County as Residential (R-l),
and consists of a vacant lot.
8.
District (L-O).
9.
The Applicants request that the property be zoned as Limited Office
The proposed site of the subject property is on the east side of Linder
Road, approximately 1,100 feet of Franklin Road.
10.
The city limits of the City of Meridian are adjacent and abut to the
north,of the subject property.
11.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12.
The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FORA CHILD CARE FACILITY
13.
The Applicant proposes to develop the subject property in the following
manner: Construct and develop a 4,800 sq.ft., 50 children child care facility.
14.
The Applicants requested zoning of the subject real property as Limited
Office (L-O) is consistent with the commercial designation on the Meridian
Comprehensive Plan Generalized Land Use Map which designates the subject
property as Existing Urban Development.
15.
There are no significant or scenic features of major importance that
affect the consideration of this application.
16.
Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction. public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Planning and Zoning Administrator and Assistant City
Engineer Recommendations as follows:
16.1 The legal description for annexation included in the application appears
to describe the subject site and Yz of the adjacent rights-of-way of the
Union Pacific Railroad and North Linder Road.
16.2 Any existing irrigation/drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance 11-9-605.M.
The ditches to be piped shall be designated on the site plans. Plans shall
be approved by the appropriate irrigation/drainage district, or lateral
users association, with written confirmation of said approval submitted
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FORA CHILD CARE FACILITY
to the Public Works Department. No variances have been requested for
tiling of any ditches crossing this project.
16.3 Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance Section
5-7-5 17. Wells may be used for non-domestic purposes such as
landscape irrigation.
16.4 The Meridian Comprehensive Plan shows a designation of existing
urban for this property. This request appears to be consistent with the
goals and policies of the Meridian Comprehensive Plan.
16.5 A development agreement is required as a condition of annexation.
16.6 Off-street parking 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.
16.7 Paving and striping 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.
16.8 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.
16.9 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 11-2-14.D.3.
16.10 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 or flashing signs will be permitted.
16.11 Applicants shall determine the normal high groundwater elevation, and
submit a profile of the subsurface soil conditions as prepared by a soil
scientist with the design of site drainage plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FORA CHILD CARE FACILITY
16.12 Applicants shall provide five-foot-wide sidewalks in accordance with
City Ordinance Section 11-9-606.B.
16.13 All construction shall conform to the requirements of the Americans
with Disabilities Act.
16.14 The conditional use permit shall be subject to review upon ten days
notice to the Applicant.
16.15 Sanitary sewer service to the proposed site could be extended from the
existing main line installed adjacent to the north of the subject site.
16.16 Water service to the proposed site could be extended from the existing
water main line installed in Linder Road. Applicants shall provide the
Public Works Department with information on anticipated fire flow and
domestic water requirements for the proposed site.
16.17 Assessment fees for water and sewer service are determined during the
building plan review process. Applicant shall be required to enter into an
Assessment Agreement with the City of Meridian.
16.18 A minimum of one three-inch caliper tree is required for every 1,500
square feet of pavement. Applicant shall provide square footage of
pavement so quantity of three-inch-caliper trees required can be
determined. Applicant shall submit detailed landscape plans for review
and approval during the building plan review process.
16.19 Applicant shall pay particular attention to lighting plans to ensure that
lights do not cause glare or impact adjacent residential properties or the
traveling public, as determined by the Meridian Public Works
Department. The Public Works Department is in the process of
determining detailed standards for lighting.
16.20 A minimum 20-foot-wide landscape setback beyond required right-of-
way on Linder Road shall be made a condition of annexation. The
setbacks shown exceed this requirement.
16.21 Provide and maintain minimum 20-foot-wide planting strips adjacent to
all residential properties.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FORA CHILD CARE FACILITY
16.22 No use of the Union Pacific Railroad corridor is proposed, and none is
approved with this application. Use of the UPRR corridor without
appropriate approvals may be cause for revocation of the conditional use
permit. The Meridian Comprehensive Plan calls for preservation of the
UPRR corridor for future pathway use. Planting strips adjacent to the
railroad corridor are encouraged.
16.23 No signage details were submitted. Detailed signage plans shall be
included as part of this application for review and approval. All signage is
subject to design review approval.
16.24 Coordinate the location and sizing requirements of the trash enclosure
with Sanitary Services, Inc.
16.25 Ada County Highway District's draft report indicates they will only
approve a single driveway access on Linder Road which would align with
an existing driveway to the west. Modification of the site plan will be
required to reflect the conditions of Ada County Highway District.
16.26 Any transfer of the conditional use permit will require a public hearing
in accordance with City Ordinance.
16.27 Submit evidence of licensing from the Idaho Department of Health &
Welfare prior to operation of the facility.
16.28 Applicant shall obtain a Certificate of Occupancy prior to any use of the
building.
16.29 The P&Z Commission and Council may prescribe appropriate
conditions, bonds and safeguards in accordance with Ordinance Section
11-2-418.
17.
It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in the findings of fact no. 16, and all
subparts, the economic welfare of the City and its residents and tax and rate payers
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FOR A CHILD CARE FACILITY
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
18.
It is found that the development considerations must be taken into
account in order to assure the proposed development is designed, constructed,
operated and maintained in a manner which is harmonious and appropriate in
appearance with the existing, or intended character of the general vicinity, in order to
assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to
the existing, 'or future neighboring uses, particularly considering the impact of
proposed development on potential to produce excessive traffic, noise, smoke, fumes,
glare and odors.
19.
The proposed development will serve existing and growing needs and will
provide services to surrounding institutional, commercial and residential development.
20.
The development of the property as a day care facility in the (L-O)
Limited Office District, as requested by the Applicant, will be compatible to the
development in the surrounding area subject to the conditions of development herein
found to be reasonable in relation to the requested zone (L-O) Limited Office District
and is in accordance with the adoptive Comprehensive Plan of the City of Meridian.
21-.
The subject annexation request and zoning designation and proposed
development relates to the goals and policies of the Comprehensive Plan of the City as
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FORA CHILD CARE FACILITY
follows:
21.1 The consideration of the provisions of the Comprehensive Plan and the
requirements of the Zoning Ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive Plan
and the Zoning ordinances of the City to all applications such as the
subject application.
21.2 This proposed new growth development will finance public service
expansion by the requirement herein that the Applicant comply with the
requests submitted of the political subdivisions responses vvithin the
Meridian Urban Service Planning Area submitted in the record of this
matter.
21.3 The expansion of commercial development is facilitated by the granting
of this application subject to the conditions herein set forth.
21.4 The application is consistent with Meridian's self:identity.
21.5 The proposed development will be consistent with the goal of supplying
employment and economic self-sufficiency for the existing and future
residents of the City and the reduction of the reliance upon Boise and
the strengthening of the City's ability to finance and implement public
improvements, services and its open space character.
21.6 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive Plan and the Zoning ordinances of the City to the
subject application.
21.7 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FORA CHILD CARE FACILITY
21.8 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-
2-417 provides the City may annex real property that is within the Meridian Urban
Service Planning Area as set forth in the City's Comprehensive Plan.
2.
The Commission may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3.
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.
4.
The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.1
The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FORA CHILD CARE FACILITY
4.1.1 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.
4.1.2 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.
4.1.3 To encourage the kind 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.
4.1.4 To provide housing opportunities for all economic groups
within the community.
4.1.5 To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
4.1.6 To encourage cultural educational and recreational facilities
which will fill the needs and preferences of the citizens of
Meridian and to insure that these facilities are available to
all residents of the City.
4.1. 7 To provide community services to fit existing and projected
needs.
4.1.8 To establish compatible and efficient use of land through
the use of innovative and functional site design.
4.1.9 To encourage a balance of land use patterns to insure that
revenues pay for services.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FORA CHILD CARE FACILITY
4.1. 10 To create an Urban Service Planning Area which is
visually attractive, efficiently managed and clearly
identifiable.
2.
Under ECONOMIC DEVELOPMENT
COMMERCIAL ACTIVITY CENTERS at page 17
Retail, commercial and office development are frequent partners
within Commercial Activity Centers. In order to support
residential and industrial developments, areas should be set aside
as Commercial Activity Centers and their development carefully
guided.
Various commercial activity centers are designated on the
generalized land use map. Planning policies pertaining to
commercial activity centers are presented in the land use chapter
of the plan.
MIXED-PLANNED USE DEVELOPMENT AREAS at page 17
Mixed use is a planning category which refers to the coordinated
development of several major uses as part of a single project, such
as specialty retail/commercial, variable density residential, offices,
motels, industrial, service, commercial, and public and semi-public
uses. Certain areas have been designated for mixed-planned uses.
The development of mixed and planned compatible land uses
should be carefully guided through specific project plans, in
accordance with the mixed-use policies contained in the Land Use
chapter of the Plan.
Economic Development Goal Statement
Policies, Page 18
1.1
The City of Meridian shall malœ every effort to create a
positive atmosphere which encourages industrial and
commercial enterprises to locate in Meridian.
1.2
It is the policy of the City of Meridian to set aside areas
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FOR A CHILD CARE FACILITY
where commercial and industrial interests and activities are
to dominate.
1.3
The character, site improvements and type of new
commercial or industrial developments should be
harmonized with the natural environment and respectthe
unique needs and features of each area.
1.5
Strip industrial and commercial uses are not in compliance
with the Comprehensive Plan.
1.6
It is the policy of the City of Meridian to support shopping
facilities which are effectively integrated into new or
existing residential areas, and plan for new shopping centers
as growth and development warrant. (Emphasis added.)
3.
Under LAND USE
EXISTING CONDITIONS, Page 21
Commercial and retail areas are established along major arterials,
and include small commercial center and individual businesses.
Uses include retail, wholesale, service, office, and limited
manufacturing.
Area of Impact, Page 22
Comprehensive Plan Map
The proposed future land use delineations for the impact area are
shown on the Comprehensive Plan Map - Generalized Land
Uses,... The land use element is based upon these objectives:
4. Planned mixed uses along 1-84, Franklin Road, UP.
Railroad, and Fairview Avenue corridors. (Emphasis added.)
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FOR A CHILD CARE FACILITY
LAND USE GOAL STATEMENT Page 22
GENERAL POLICES:
I.4U Encourage new development which reinforces the City's
present development pattern of higher-density development
within the Old-Town area and lower-density development
in outlying areas.
1.5U Encourage a balance of land uses to ensure that Meridian
remains a desirable, stable and self-sufficient community.
1.7U Continue to promote a land development process that is
clear and concise.
1.8U Promote the development of high-quality and
environmentally compatible residential areas that contain
the necessary parks, schools and commercial facilities to
maintain and form identifiable neighborhoods.
RESIDENTIAL POLICIES: Page 23
2.5U Encourage compatible infill development which will
improve existing neighborhoods.
COMMERCIAL ACTIVITY CENTERS Page 25
In all cases, the locations of Commercial Activity Centers should
be guided by performance and developments standards. These
standards consider, among other aspects:
1.
2.
3.
4.
5.
6.
7.
8.
Traffic Volume and Type
Trip Generation
Impacts on Arterial Street System
Proximity to Other Commercial Development
Impacts on Neighborhood Residential Areas
Accessibility of Site
Parking Demands
Pedestrian Circulation
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FOR A CHILD CARE FACILITY
9.
10.
11.
12.
13.
Available Utility Systems
Aesthetics (Design Considerations)
Use Impacts Upon Other Adjacent Uses
Internal Circulation Design
Drainage
5.
Under COMMUNITY DESIGN, at Page 71
Community Identification Goal Statement
Create visual quality and functional identity for the City of
Meridian and its surrounding environment.
Policies
1.1 All commercial and industrial developments should be
reviewed by the City for adequate site planning.
1.3 Open space areas within all development should be
encouraged.
1.4 Major entrances to the City should be enhanced and
emphasized. Unattractive land uses along these entrances should
be screened from view.
Special Community Design Areas Goal Statement
2.1 U Require businesses and government to install and maintain
landscaping.
2.2U Encourage area beautification through uniform sign design
that enhances the community.
2.3U Encourage the beautification of streets, parking lots, public
lands, and state highways.
2.5U Encourage the use of attractive open space, landscaping,
lighting, and street furniture for the benefit of the public.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - PagelS
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGIWENDELL & KATHLEEN LAWRENCE
FOR A CHILD CARE FACILITY
5.
The requested zoning of Limited Office, (L-O) is defined in the Zoning
Ordinance at 11-2-408 B. 7. as follows:
(L-o) Limited Office District: The purpose of the (L-O) Limited Office District
is to permit the establishment of groupings of professional research, executive,
administrative, accounting, clerical, stenographic, public service and similar uses.
Research uses shall not involve heavy testing operations of any kind or product
manufacturing of such a nature to create noise, vibration or emissions of a nature
offensive to the overall purpose of this district. The L-O District is designed to act as
a buffer between other more intense non-residential uses and high density residential
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.
6.
That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B,
Commercial, lists commercial uses allowed in the various zoning districts of the City;
that child care centers are listed as permitted for child care as conditional uses in the
Limited Office (L-O) District.
7.
That the City of Meridian Comprehensive Plan, under LAND USE,
Mixed-Use Area at Eagle Road, in 5.16U, states that all development requests will be
subject to development review and conditional use permit processing to insure
neighborhood compatibility.
8.
By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and operate any day care
facility on this parcel of land.
9.
Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FOR A CHILD CARE FACILITY
City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
10.
The development of the annexed land, if annexed, shall meet and comply
with the Ordinances of the City of Meridian including, but not limited to: Section 11-
9-616 which pertains to development time schedules and requirements; Section 11-9-
605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which
pertains to pressurized irrigation systems.
11.
The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
12.
Section 11-2417 D of the Zoning and Development Ordinance provides
in part as follows:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1. This application is for annexation and zoning of 1 acre located on Linder
Road, South of Pine Street, North of Hwy 30 and Franklin Road, Meridian, Idaho.
The legal description shall be prepared by a Registered Land Surveyor, Licensed by
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FORA CHILD CARE FACILITY
the State of Idaho, and shall conform to all the provisions of the City of Meridian
Resolution No. 158. The legal description for annexation must place this parcel
contiguous to the Corporate City Limits per Ordinance No. 686.
2. That the City Attorney shall prepare for consideration by the City
Council the appropriate ordinance for the annexation and zoning designation. The
(L-O) Limited Office Ordinance shall not be finally approved by the City Council
until provisions of parts 1 and 3 of this order have been met; and
3. Developer 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:
3.1
3.2
3.3
3.4
3.5
3.6
The legal description for annexation included in the application appears
to describe the subject site and 1/2 of the adjacent rights-of-way of the
Union Pacific Railroad and North Linder Road.
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 shall be designated on the site plans. Plans shall
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.
Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance Section
5-7-5 17. Wells may be used for non-domestic purposes such as
landscape irrigation.
The Meridian Comprehensive Plan shows a designation of existing urban
for this property. This request appears to be consistent ,vith the goals
and policies of the Meridian Comprehensive Plan.
A development agreement is required as a condition of annexation.
Off-street parking shall be provided in accordance with Section 11-2-414
of the City of Meridian Zoning and Development Ordinance and/or as
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FORA CHILD CARE FACILITY
3.7
3.8
3.9
detailed in site-specific requirements.
Paving and striping 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.
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.
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 11-2-14.D.3.
3.10 All signage shall be in accordance with the standards set f.orth in Section
11-2-415 of the City of Meridian Zoning and Development Ordinance.
No temporary signage or flashing signs will be permitted.
3.11 Applicants shall determine the normal high groundwater elevation, and
submit a profile of the subsurface soil conditions as prepared by a soil
scientist with the design of a site drainage plan.
3.12 Applicants shall provide five-foot-wide sidewalks in accordance with City
Ordinance Section 11-9-606.B.
3.13 All construction shall conform to the requirements of the Americans
with Disabilities Act.
3.14 The conditional use permit shall be subject to review upon ten days
notice to the Applicant.
3.15 Sanitary sewer service to the proposed site could be extended from the
existing main line installed adjacent to the north of the subject site.
3.16 Water service to the proposed site could be extended from the existing
water main line installed in Linder Road. Applicants shall provide the
Public Works Department with information on anticipated fire flow and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FORA CHILD CARE FACILITY
domestic water requirements for the proposed site.
3.17 Assessment fees for water and sewer service are determined during the
building plan review process. Applicant shall be required to enter into an
Assessment Agreement with the City of Meridian.
3.18 A minimum of one three-inch caliper tree is required for every 1,500
square feet of pavement. Applicant shall provide square footage of
pavement so quantity of three-inch-caliper trees required can be
determined. Applicant shall submit detailed landscape plans for review
and approval during the building plan review process.
3.19 Applicant shall pay particular attention to lighting plans to ensure that
lights do not cause glare or impact adjacent residential properties or the
traveling public, as determined by the Meridian Public Works
Department. The Public Works Department is in the process of
determining detailed standards for lighting.
3.20 A minimum 20-foot-wide landscape setbacl, beyond required right-of-
way on Linder Road shall be made a condition of annexation. The
setbacks shown exceed this requirement.
3.21 Provide and maintain minimum 20-foot-wide planting strips adjacent to
all residential properties.
3.22 No use of the Union Pacific Railroad corridor is proposed, and none is
approved with this application. Use of the UPRR corridor without
appropriate approvals may be cause for revocation of the conditional use
permit. The Meridian Comprehensive Plan calls for preservation of the
UPRR corridor for future pathway use. Planting strips adjacent to the
railroad corridor are encouraged.
3.23 No signage details were submitted. Detailed signage plans shall be
included as part of this application for review and approval. All signage is
subject to design review approval.
3.24 Coordinate the location and sizing requirements of the trash enclosure
with Sanitary Services, Inc.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FORA CHILD CARE FACILITY
3.25 Ada County Highway District's draft report indicates they will only
approve a single driveway access on Linder Road which would align with
an existing driveway to the west. Modification of the site plan will be
required to reflect the conditions of Ada County Highway District.
3.26 Any transfer of the conditional use permit will require a public hearing
in accordance with City Ordinance.
3.27 Submit evidence of licensing from the Idaho Department of Health &
Welfare prior to operation of the facility.
3.28 Applicant shall obtain a Certificate of Occupancy prior to any use of the
building.
3.29 The P&Z Commission and Council may prescribe appropriate
conditions, bonds and safeguards in accordance with Ordinance Section
11-2-418.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FOR A CHILD CARE FACILITY
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who may within twenty-eight (28) days after
the date of this decision and order seek a judicial review as provided by Chapter 52,
Title 67, Idaho Code.
By action of the City Council at its regular meeting held April 20, 1999.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED ~
COUNCILMAN GLENN BENTLEY
VOTED~
COUNCILMAN KEITH BIRD
VOTED~
COUNCILMAN CHARLIE ROUNTREE
VOTED-F'
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: /J1. '1 f¡ ¡rIft¡
VOTED-
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 22
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FORA CHILD CARE FACILITY
MOTION:
APPROVED:~
DISAPPROVED:-
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
Dated:
5 -1---éf1
RECEIVED
MAY - It 1999
CITY OF MERIDIil~
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/WENDELL & KATHLEEN LAWRENCE
FOR A CHILD CARE FACILITY