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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. """""," ~~~~.. ßL L. "', ~~~~ "~~.".~.".9.t+.;."~,, I .... "" iii . ",OTA./(¡.. \ (~EAl) -.- ! : *: * I: ¡, \ ./>{fBL\C ¡ \<1\"'. r/ '\ -; .:--0.. ~o "~...;li OF \1>t" .' ~. """......,. _.~ ( I {}(/J Nota Public for Idaho I Commission expires: I D/IS ;)OCf)... STATE OF IDAHO :ss 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. ...." """""~ ~~~ c;ßL L. 8j'~ ~~~ "-~ ........~ ' :! ".. <I' " ('/EAt) ",0 T AJt. 1- '\ : * : -.- } * ! . . E \ \ ./>{fBL\C I iii " <.p;. "... F 0 ~ "~" -1l'b...-"t.~'/. ~"'" <J OF \1> ., "",......." 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 malÅ“ 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