Kinetico Quality Systems RZ 04-018
PARTIES:
1.
2.
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 24
BOISE IDAHO 03131/05 04:06 PM
DEPUTY Bonnie Oberbillig 1111111111111111111111111111111111111
RECORDED- REQUEST OF 105038562
I Meridian City
----.-
DEVELOPMENT AGREEMENT
City of Meridian
Don Burton, Owner
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this /5'1$ day of l11.árl-vfv , 2005, by and between CITY OF
MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY', and Don
Burton, dba Kinetico Quality Systems, hereinafter called "OWNER".
1.
RECITALS:
1.1
1.2
1.3
WHEREAS, "OWNER" is the sole owner, in law and/or equity, of
certain tract ofland in the County of Ada, State ofIdaho, described in
Exhibit A for each owner, 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. § 67-651 lA, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner" make a written commitment concerning the use or
development of the subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4
WHEREAS, "Owner" has submitted an application for annexation
and zoning of the "Property's" described in Exhibit A, and has
requested a designation of (C-C) Community Business District,
(Municipal Code of the City of Meridian); and
1.5
WHEREAS, "Owner" 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 (RZ-04-018) KINETICO QUALITY SYSTEMS PAGE 1 OF 10
1.6
1.7
1.8
1.9
1.9
WHEREAS, record of the proceedings for the requested re-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 1 st day of February, 2005, 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 "Owner" to enter into a
development agreement before the City Council takes final action on
re-zoning designation; and
"OWNER" 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
WHEREAS, "City" requires the "Owner" 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 re-zoning designation from
government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (RZ-04-018) KINETICO QUALITY SYSTEMS PAGE 2 OF 10
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 ofIdaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
"OWNER": means and refers to Don Burton whose address is 544
West Cherry Lane, 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 describing the parcels to be re-zoned C-C
(Community Business District) attached hereto and by this reference
incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under "City's" Zoning Ordinance codified at Meridian City Code Section
11- 7-2 (C) which are herein specified as follows:
4.2
Re-zoning of an existing residential structure located at 544 West
Cherry Lane, Meridian, Idaho to C-C (Commercial Community
Business) which allows for light retail business of Kinetico Quality
Water of Treasure Valley.
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5.
CONDITIONS GOVERNING RE-ZONE:
DEVELOPMENT AGREEMENT (RZ-04-018) KINETICO QUALITY SYSTEMS PAGE 3 OF 10
5.1
Cross access to the parking lot to the east shall be provided in the
form of a stubbed asphalt drive. The owner shall provide a cross
access easement to benefit the adjacent property.
5.2
The owner shall limit the hours of operation from 7:00 a.m. to 7:00
p.m.
5.3
The owner shall work with the City to obtain alternative compliance
for the required landscape buffer along the north property line.
6. COMPLIANCE PERIOD/ CONSENT TO REWNE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owner" or "Owners" heirs, successors, assigns, to comply with
Section 5 entitled "Conditions Governing Re-Zone" of subject "Property" ofthis agreement
within two years of the date this Agreement is effective, and after the "City" has complied
with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent
amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" consent upon default to the reversal of the zoning designation of the
"Property" subject to and conditioned upon the following conditions precedent to-wit:
7.1
That the "City" provide written notice of any failure to comply with
this Agreement to "Owner" and if the "Owner" fails to cure such
failure within six (6) months of such notice.
8. INSPECTION: "Owner" shall, immediately upon completion of any portion
or the entirety of said development of the "Property" as required by this agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and
written approval of such completed improvements or portion thereof in accordance with the
terms and conditions of this Development Agreement and all other ordinances ofthe "City"
that apply to said Development.
9.
DEFAULT:
In the event "Owner", "Owner's" heirs, successors, assigns, or
subsequent owners of the "Property" or any other person acquiring an
interest in the "Property", fail to faithfully comply with all of the
terms and conditions included in this Agreement in connection with
the "Property", this Agreement may be modified or terminated by the
DEVELOPMENT AGREEMENT (RZ-04-0 18) KINETICO QUALITY SYSTEMS PAGE 4 OF 10
9.1
9.2
"City" upon compliance with the requirements of the Zoning
Ordinance.
A waiver by "City" of any default by "Owner" of anyone or more of
the covenants or conditions hereof shall apply solely to the breach and
breaches waived and shall not bar any other rights or remedies of
"City" or apply to any subsequent breach of any such or other
covenants and conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading of
the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the
City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the "Property" contemplated
hereby, the "City" shall execute and record an appropriate instrument of release of this
Agreement.
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owner", or by any successor or successors in title or by the
assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or
in equity to secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
12.1
In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner" shall have thirty (30) days after delivery of
notice of said breach to correct the same prior to the non-breaching
party's seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot with
diligence be cured within such thirty (30) day period, ifthe defaulting
party shall commence to cure the same within such thirty (30) day
period and thereafter shall prosecute the - curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Owner" or "City" is delayed for causes which
are beyond the reasonable control of the party responsible for such
DEVELOPMENT AGREEMENT (RZ-04-018) KINETICO QUALITY SYSTEMS PAGE 5 OF 10
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements,
which the "Owner" agrees to provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner" have entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide by
all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if
the owner or his assigns, heirs, or successors shall not meet the conditions contained in the
Findings ofF act and Conclusions of Law, this Development Agreement, and the Ordinances
of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
OWNER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Don Burton
Kinetico Quality Systems
544 West Cherry Lane
Meridian, Idaho 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
DEVELOPMENT AGREEMENT (RZ-04-018) KINETICO QUALITY SYSTEMS PAGE 6 OF 10
16.1
A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Owner" ofthe "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 benefited and bound by the conditions and restrictions herein expressed. "City"
agrees, upon written request of "Owner", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion, had determined
that "Owner" has fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner" 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 "Owner" 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".
DEVELOPMENT AGREEMENT (RZ-04-018) KINETICO QUALITY SYSTEMS PAGE 7 OF 10
21.1
No condition governing the uses and/or conditions governingre-zoningofthe
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.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" and execution of
the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (RZ-04-0 18) KINETICO QUALITY SYSTEMS PAGE 8 OF 10
23.
ACKNOWLEDGEMENTS:
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER - KINETICO QUALITY SYSTEMS:
iJçru ~J
DON BURToN
CITY OF MERIDIAN
Attest:
STATE OF IDAHO)
: ss
COUNTY OF ADA)
On this /ç-ft.- dayof )I1ãrJ.... ,intheyear2005,
before me, a Notary Public, personally appeared DON BUR TON known or identified to me
to be the person who executed the instrument and acknowledged to me that he have executed
the same. ....,....'...,
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ICO QUALITY SYSTEMS PAGE 9 OF 10
Commission expires:
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STATE OF IDAHO)
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County of Ada
On this .,,2q-J-k day of f\p..r-d- , in the year 2005, before
me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Ir., know
or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who
executed the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
(SEAL)
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DEVELOPMENT AGREEMENT (RZ-04-018)
PAGE 10 OF 10
'&hi~+ A'
IDJ
TEALEY'S LAND 2501 Bogus Basin Rd. . Boise, Idaho 83702
SURVEYING (208) 385-0636
- Fax (208) 385-0696
Project. No.: 2805
Date: November 9, 2004
DESCRIPTION FOR
PHILLIPS PROPERTY
A parcel of land being a portion of the SW 1/4 of the SE 1/4 of Section 1, T.3N.,
R,1w., B.M., Meridian, Ada County, Idaho, as shown on Record of Survey No.
, filed for record in the office of the Ada County Recorder, Boise, Idaho under
Instrument No, and more particularly described as follows:
Commencing at brass cap marking the South 1/4 corner of said Section 1:
thence along the South boundary of said Section 1
South 89'51 '00" East 526.20 feet to a point; thence
North 04'10'18" West 40.11 feet to an iron pin on the North right-or-way line of
West Cherry Lane, said point being the POINT OF BEGINNING; thence continuing
North 04'10'18" West 182.46 feet to an iron pin on the South boundary of
Meridian Manor No.1 Subdivision, as filed for record in the office of the Ada County
Recorder, Boise, Idaho in Book 33 of Plats at page 1989; thence, along said South
boundary
South 89'51 '00" East 160.57 feet to an iron pin marking the Southeast corner of
said Meridian Manor No.1 Subdivision, said point being on the West boundary of Tedi
Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in
Book 35 of Plats at page 3022; thence along said West boundary
South 01 '27'00 East 182.01 feet to an iron pin on said North right-of-way line of
West Cherry lane; thence along said North right-of-way line
North 89'51'00" West 151.91 feet to the POINT OF BEGINNING,
Said parcel of land contains 0.653 acre, more or less.
:i~i5°V1:-,.() .'1------
-" NOV 15 2004
MERIDIAN pUBLIC
WORKS DEn
C'\D'~~"""'dS'IIi"","'><IMyD'~m,,,"\w"d\d"\2805-<...d"'ld'
\ Exh\\>\4 8'
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a request to Rezone 0.74 acres from L-O (Limited Office) to C-C
(Community Business), by Irma Jean Phillips,
Case No(s): RZ-04-018
For the City Council Hearing Date of: January 18, 200S
A, Findings ofFaet
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries ofthe property, The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509,
b,
The matter was duly considered by the City Council at the January 18, 2005, public
hearing(s). The applicllllt, affected property owners, IIIldgovernrnent subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony),
c.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommeÌl.dation on the subject matter to the City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d,
2. Process Facts
a, There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6S09, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &.ORDER
CASE NO(S). RZ-I}4-018 . PAGE I of4
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject applicalion(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings is Irma Jena Phillips.
4. Required Findings per Zoning and Subdivision Ordinance
a.
a.
See Exhibit C for the findings required for this applica1ion,
B, Conclusions of Law
1. The City of Meridian shaII exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (1.C. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Il1'!-pact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No, 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4, Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6, That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice,
7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated
September 2004 as shown in Exhibit B and the Site Specific and Standard Comments in
Exhibit C, The conditions are concluded to be reasonable and the applicant shan meet
such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1, The Site Specific and Standard Comments are as shown in Exhibit B.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S).RZ-O4-018 -PAGE2of4
E,
Notice of Final Action and Right to Regulatory Takings Analysis
I. The Applicant is hereby notified that pursuant 10 Idaho Code 67-8003, the Owner may
request a regulatory taking analysis, Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the fmal decision
concerning the matter at issue, A request for a regulatory taldngs analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take Dotice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval 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.
Exhibits
F.
Exhibit A: Legal Description
Exhibit B: Site Specific and Standard Comments
Exhibit C: Zoning Amendment Findings
fth C l' gut h th ISf? day of
Bx.. ac;!°n 0 e City ~: re ar meeting eld on e
f':e-QrUA4-1-' 7. ,
VOTED~
VOTED~
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED#-~
VOTED~
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMYdeWEERD
(TIE BREAKER)
VOTED-
~.&~
""'" T 'oW""" '
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O4--018 - PAGE 3 of4
and City Attorney.
By: j~u.uù
City Clerk's Office
Dated: z-l-cs
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION IJ¡; ORDER
CASENO(S).RZ-04-O18.PAGE4of4
EXHIBIT A
Kinetico Quality SYltems
RZ-O4-018
Legal Description
"m3--
PI\1jtct No.: 2805
OIOle: November Ii, 2004
ç¡
2rot Bogus BUitI ¡¡,;, , e-. Idaho 83702
llØi) as.oeaG '
FIIII_1I88o0198
DilCRIPTlON FOR
, 'PHIIJJP8 PROPERTY
A parcel of laM beln a portion of rho SW 1/4 of 1h8 BE; 1/4 of SKtion 1. UN".
R.1W., 11M.; MeIIdIan, Ada County, I""". .s shown an Røcard of'Survey No.
~ lied for MaaI'CI In IÑI øIIIce 01II1II Ada CounI¡I ~, -, Idaho unaor
InslnJment No. .nd mare particularly """~d aa fQ ~:
Col11lMllalnø III b- - m"",",g the Sowlh 114 """,or of 08'01 SoctiOl1 I;
tho..... orang lilt SouIb IIQUIIdeIy of said SectIon 1
South "'51 '00' Eaøt 528.20 feet to 0 poin~ lI1once
Norlh 04'10'18' WeoI40.1I feet to on lion pin "" 1h8.11!otIII Jlght.oI-way line of
Wt8t Chony l.8no, ìaId paint being the PaINf OF ~; II!4Inøe çan1fnulng
North 04"0'18' WøI tll2M InI to on m pin an !lie SèluIh IIQ.ndorv 01
Morldlan Menar No. , Bubdl¥lllall, as - for ",cord In the .oII!c!I of 1110 Ad. Coœty
RecanIer, Bal.., Idetto In 1!!o0lc 33 of Plato Gt psge '888; hI- aføng ~ d South
boundary
Soulll 88"$"00" Eaot 1110.67 feel to an Iron pin mæking, IhII SouIheut comer of
oaId Meridian IIIenor No. 1 S\IIICIIvIeIon, AId point being em tI1II w,¡tllQl J1dary.I Tedl
Subdlvjslon, a81!hK1 for -.; "'.!IIIt. òIIIGø af \I1e Adø Calmly R8OOnIør, Baile, Id8ho In
Boolc 36 of Plale at P88II 3O2:i; I""'" lIIonø 8IiId Wut bound8ry
Soulll 01'271XJ Eaet 1Il2oO1 f88I to an iron pin on IIIIId IIarth right-of-way Uoe 01
West Chen¡ lene; 1I!e!J 8111w1ø eeidNollh right-ol...,ay line
North "'$1'00' WeIII"'1." lee! to tho POINT QJO ElII8INNlNG,
SaId ptlroeI 01 I8nd oonteJru¡ O,6å3 acre, mare or ,",s,
~~QI7.--'- '
, MOV 152DD'
""i'eJiAUr
'-""--oi-.. -,.........
EXHIBIT B
Kinetico Quality Systems
RZ-O4-018
Site Specific and Standard Comments
SITE SPECIFIC COMMENTS (Rezone)
1.
The legal description submitted with the application is accurate and meets the
requirements of the City of Meridian and State Tax Commission.
2,
All development on said property shall comply with Meridian City Code.
3,
"Prior to the annexation ordinance approval, a Development Agreement (DA)
shall be entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and the developer. The applicant shall contact
the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall
incorporate the following:
. Cross access to the parking lot to the east shall be provided in the
fonn of a stubbed asphalt drive, The applicant shall also provide a
cross access easement to benefit the adjacent property.
. Limit the hours of operation from 7 a,m. to 7 p.m.
. The applicant shall work with the City to obtain alternative
compliance for the required landscape buffer along the north
property line.
4,
A Certificate of Zoning Compliance (CZC) application shall be submitted for
approval prior to occupancy of the retail business,
,FIRE DEPARTMENT COMMENTS
1. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a, Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
b,
The Fire hydrant shall not face a street which does not have addresses on
it.
Fire hydrant markers shall be provided per Public Works spec,
Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location,
Fire Hydrants shall be placed on comers.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
c,
d,
e,
f.
2.
3,
4,
5,
6,
7.
8.
9.
10.
11.
12,
13,
14.
IS.
16,
The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have an approved turn around.
All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
Provide a 20' wide Fire Lane for all internal & external roadways.
Operational fire hydrants and temporary or pennanent street signs are required
before combustible construction begins.
Fire lanes and streets shall have a vertical clearance of 13'6". This includes
mature landscaping,
Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code 10 service the proposed project. Fire hydrants sœll be
placed an average of 300' apart,
The office/commercial lot will œve an unknown transient population and will have
an unknown impact on Meridian Fire Department call volumes. The Meridian Fire
Department has experienced 2397 responses in the year 2003. According to a report
compIeted by Fire & Emergency Services Consulting Group our,requests for service
are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
Maintain a separation of S' from the building to the dumpster enclosure.
Provide a Knoxbox entry system for the complex,
The first digi1 of the Apartment/Office Suite shall conespond to the floor level.
All portions of the buildings located on this project must be within 150' of a paved
surface as measured around the perimeter of the building. '
Provide exterior egress lighting as required by the International Building & Fire
Codes.
All Common driveways shall be straight or have a turning radius of 28' inside and
48' outside and shall have a clear driving surface which is 20' wide.
Any chemical storage must comply with International Fire Code, Chapter 27,
Fire hydrants shall be no finther than 400' ftom the most remote portions of the
building.
SANITARY SERVICES COMMENT:
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application,
ACHD COMMENTS:
Disirid !>Olley 18CI""" Uoot wide aUácheÐ (or !>-foot dEiachõd) _....1Ii -.Ik on Bli collector
rœdwa\'ll.nd allo"" Rl8dwa¡o (7204.7.2).
Chony Ulna CII1I'8ntlyhoa a - 01 eo-reetofright..r.way~feoIli'om _108) .,""Is improved
V111tt16-InoftIc1an.. wllhvarlJcaI C!Bb.glJtlDrand.ldew8lk8butllllglha o¡Ite. T)'piœ ly.lI1. D"'rict
requl.... deva/opll18l1l8 obuUlng ... -- roadway 10 .- 4e-reet of rlgtJt.a!.woy from the
centerlJna of 111. ab~ raadwBy. DIJ81o th8 rea thoI Cilalry L8II818 fUlly Jmpoaved a. . 5-lana
raadwey with <urb, gull8r and .1d8weIk ond Is not ontIcIpalad 10 be ~ In II1e ",,"AI. the
III'Pllœnt should no! be -'" b -- arry ockIJIJonsl ~ or.....1ru<t any a.dlli....1
-lmJ>n>vemanta on Cheny Lane at IIiis 1i'na.
2.
DIIvR. ,
DIotrJot policy 72-F6. requires ~ I""",,,d on coIledor or ._I1IIIdMyo"'" a spaecl ümit of
31\ IDaJ".gn orallsala minimum of 161).1ea -"'Y axI&II'I or_1ISIId drtvaway.
Diolrict II<IiIcI' 72O7.9.318O1J1018 """'- driIIawaya with dally - "'Iamea...r 1,oOD vehldes
ID a maldmum width oI38-IeeL Moot cornrnm:ial <hi......,. wi! be ...- I. ca",...11ypa
facllllea W IDeated an -- Cwb reIun1lype -. wfIh 16-{oo radii wll "" l8Qulred for
'cIIIvawayB.........,¡"g 00II0""""" ot1o0f0 I'IIIIdwa¡oo.
GmoI.. d~ obIIIIIng pullllG - craota mainla""",, poabløms due tog....1 ""lnl tracked
onto th& oœGwoy. In.-.... wIIb DloUIct polley, 7207.1.1, Iha ~I ""OUId ,be "'oWed to
P"" III. dr1Yoway IIa fiJI \\Idth ond 0\ Ieasl3o.1oet Into the 1II1e"""", 1he edga of pavemanl of lI1e
madw8y and Inlllall_onIl8pøn wIIh 16-{00 rocI& 8buIIIng tho axllting -y edge.
3.
The life currenit' h...n_g 1i-b¡t wide curb cutdrivowoy1hll1- Ch.nyLane
&pprðlllmately 26-180\- GIllie - prq,arty lIno, The IIpJIIlœnlll pnI XIOlng to uUIIze u-.. _tin¡¡
1!!..!eeh\;dacurb CI \~. Thled"-Io localad oIIghtlylotho_lot 1heoulbound _.1
.... from CreoImonl DI1w. DIsIJIt4 poley l8C ulres .~ en ocIacIor"" aterial road- with
a 8p8IId lima of 35 MPH 10 be _In thct alignment with 8'11' ~ or streat or """at any,
.rivaway or - by . m/nImwn of 1 SII-fe8t. Dl8trict policy -l1li'" all drivewa}'O on co-
alii! lllarfal RlllllII/IIYSIo be - II ourb return Iypo~, In oro .r 10 comply w th
CioIrIoI polloylhe .pplamllhou1d..- 111. exIaIIng 1ø.rcat wid. curb cui drlvewey thai Inte..ects
CI1eny Lane .PPIOIIImaIeIy 25-fa8lWI8IoIlha.... propBI\y ins ond reoonelruc! !he .-v 10 b. a
CIITb rotum t¡opo d~ l11li10 . II1BII!mum of 31J.1eBlln wldlh and In Idlgnmenl \\4Ih CIøaImont
Drive,
OIh.-
CI1lny Lane Is oIassIIIed sa . p/lnGlpll8J\Øll1I. 0tIIIt than 1he....... pa/nllhat hoa .peclJ'ically boon
appRMld with 11110 ep¡¡hdon. dhat 1DI1ICC8..10 Cherry Lana . prohibited.
~
Site Specific Col'ldhlonø of Approval
c.
1.
_e u-.. axlllling 1- wid. curb cut cItIvawoy thot In- Charry Lane oP~I.1y 2~-
feet....lof !he"" property line ond -- tho Grt>Iow!\Y to be a cwb nrtum typo dr1\11Wit)' thot
II olTlOJCimum of 36-1oot In wldlh and In aIJgmHInt wlltI Creaman1 DrIv<!.
Othor thon the ........ palntlhet -....dftœlly!leon Bp¡IRMICI \\fth IllIIe .ppiCOllon. direct lot "cee..
IDChanyLø1o Is rm>h1bllBd.
2.
3.
CoIT' IIy wIIh an 8torulonl COtIditfono of ApprovoI.
3
D.
StIIncl8rd Coildltlons of Approval
Any exloling 1JTIg8l/( n ..;ltiwih/dl be ", goaled Guttido Qf!he righloGf-war.
AlIII1IIIty "'laœIIon GGi18 81OcIaIed - Iln IIOWIng I1r88t IrorI!IIgea lIÞutIing the site 6l1;li1 be bome
~1he~, '
1.
2.
3.
Rep"'œ øny exÞ1Ung d8lJ1lll 8d CIßb, gUllllr and 8idewa/Jc and any that m8I' be damaged chø1ng Ihe
GOrIStrut:IIon gf Ih.a prnpl 8l C! dev8lcpment. CanteaI CGIllllUCIfan 8aMC8G at 387-11280 (wI1h file
numbetjfGrdelall6.
Utgl1 r strestcule In PII\f8IIIII'II 1Ne1l'lan five \'l18li oldBrll noI8I1owecI unless epp""",d In wrttlng by
the DloIrId. CGtdscllhe CIøIrIcI'e UIiJI1y Coon:Ilneltlr el 387'" with 110 numbers) lor dolabs.
4.
5.
All deelgn and OCIIIIrucIion shill be In """"""""'" wllhlhe AdiJ CGunIy Higl1w8\l Diolrlol Policy
MenuaI. JSP'NC IIIInde.. and II I II9\'8d supplements, ConoIruGIIon SeNlœe p"""'" ""'" and en
ep¡¡I/œb e ACHD 0rdIn0n- unleee ~11y we...... he"', /III engflleer "'glotered In 1110 5fa IB
d Idaho 0181 "",po", and QII1 fy all Improvement pIeM.
The oppllcant oholl 8UbmJ mI8d plo.. tor Btaff ~ IIIot to IeBU1lJ1CO of b utldlng pormit (or
other requked pemC8), whlcI1 ~ any requlr8d deolgll chooges.
6.
7.
, CarosInldIon, UB8 &nil PlOp8llydavelopmontshail be In ""rtfonnence willi all oppllcablo requl_ts
of ClIo AcIe County I-fi¡¡tIwø,y Dillrlct prior to DIaIr1ct IIp >n>veIlbr GOÇU 8ncy.
P8 rmonI of oppIlœJ:1Iolll8Cllmpact feoe a", required prior 11:1 building CO_Ion '" accordance wI1h
ORIinenoo 1I2OD, al8O kr.Gwn sa Ada CGmty Highway DIIIrIcI flœd Impact Fee Ordlnanœ.
~ Is1ha nlliponoIblllly Qf the II IpIIœnI to verify all 0JÙÖ'1 J UI!III8 Wllhin 1ha rlghl-of"""y. The
oppJlœnt 01 no DD1I1 10 ACHD aheK,.r exIoIing uIIIl1III8 dm1a IId ~ the applicant. Tho applicant
IhaII be requlÆd 11;":81 OIeuNE (1.e1JO.342.1585) all8a8I twQ lUll buslneos d8þ9 p~or 10 bAlllk!ng
SRlufIII wtlhln ACHO rlghklfoV/lrl. The appJJcant ehall cantaal ACHø TraftIc OJl8l'llionl 387-8190 In
!he IMnt MY ACHD candulte (8 1BJ8 orftlflld) aJ8 ~188à dllllng III'IY phasa 01 -_on.
No change In lite lellnund -ullkln6ofUWall )p 'OVallhaltbeWlIId unless Ihay ore In wrlUng end
IIi¡ IaIà by the 8p¡:111C11J1t Dr lIIe appIJœnfa auIharI!ed rapnilanl8Uve and an authortzed represenfal;vø
Qf the Ada CQunty HI¡ hw8y DIs* The tudan IIhoII be upon Itluppirœnt to obIairi written
conIkmaIIcn gf 8111' change Ir!Jm the Ade County Highway Dlelrlal
8.
9.
10.
11.
Any Change bylhe B IJ I1caII1 In the pI8nned UO. of !he ~ whII:h II !he oubject dllli.
apf OcatIon, eltalll8qldre the IPpllœnl to C:Cll1 lywilh al rules,lII ohUon" <II'I/Inencel. plans, Dr clher
I8gUIetaty and legal rasllllIIkn In Iorœ al the time the appIoenl Dr He e_OrB In Ò1!enIot SeMI'"
Ihe Hlgh\WIy DIIIIIiat d Its rn~nttl¡ cI1ange the planned- cfthøeub]ect propørIy "nlase s
wafwr/varlance of oaId l8qUÚ'1111111i'1f8 or other legal raile/ie ørarn.d pursuant to thelew In effect at the
ti~ the charlao'" ....Ie _gIll
Conc:lualone ofLøw
Eo
1.
Tt1e propoeect "lie pJl!n JB 8I'PI'OVed, W till 01111& BIte SpecUlc end 8t8ndeJtl CondWlom; of Approval ara
a8llstled. .
ACHD raqulrements II/8ln1øncled 10 s..- that 1ha prq:¡OI8IJ oøeIdevefclpment will not >laos en
undue bwlen cn the ÐIetII1 vehicular and pedes1rlan lranspcllalkm oyalam Within lite viclnlly
ir(rpIII:ted by the plllpœllll d8ve1cpmanl.
2.
4
EXWBIT C
Kìnetieo Quality SysteDlli
RZ-O4-018
Required Findings for Zoning Amendment
STANDARDS FOR ZONING AMENDMENT
The Commission and Council shall review the particular faCls and circumstances of each propased zoning
amendment in terms of the following standards and shall find adequaUl evidence answering the following
questions about the proposed zoning amendment (11-15-11):
A.
Will the new zoniDg be harmonious with and In aceordance with the
Comprehensive Plan and, if not, has there been an applieation for a
Comprehensive plan amendment;
Staff finds that the requested Community Business (C-C) zoning designation is in
accord with the Comprehensive Plan's Future Land Use Map, which delineates
the subject property as "Commercial", The text of the Comprehensive Plan (page
99) supports a full range of commercial and retail uses in the commercial zone,
including offices, services, and retail.
B.
Is the area Included In the zoning amendment Intended to be re-zoned in the
future;
Staff does not anticipate that the applícan1 intends to rezone the subject property
in the future.
C.
Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning;
Staff fOlds that the proposed retail use is allowed in the proposed C-C zone. The
applicant has submitted a written statement regarding the proposed use, which
states the following: "....a neighborhood friendly business that is retail in nature
but has minimal site visits by customers. Most of the business activity takes place
at customer's homes with the business site used for supporting office activity,
light retail of accessory products, and storage of the product that is installed into
customer's homes."
Meridian City Code 11-19-1,A states that "No building or other structure shall be
erected, moved, added to or structurally altered, nor shall any building, structure
or land be established or changed in use without a certificate of zoning
compliance issued by the Administrator." A Certificate of Zoning Compliance
(CZC) will be required prior to issuance of a building pennit or occupancy of the
retail business.
The required land use buffer between the proposed commercial use and the single
family residences to the north is 2S-feet, which would eliminate approximately
half of the proposed parking area in the rear of the building, The applicant will
work with City staff to obtain Alternative CompliSl'lCe for the required north land
use buffer prior to íssullilce of a Certificate of Zoning Compliance. A 20-foot
buffer is required IlIld provided along the western property line between the
proposed business and the existing apartment building. Staff finds that the
applicant can provide enough required parking for the proposed business,
D.
Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned;
Staff finds that the City's Comprehensive Plan has provided the applicant with the
ability to request the C-C zone for the subject property, Much of Cherry Lane in
the vicinity bas already redeveloped from residential to office or commercial uses.
E.
Will the proposed uses be designed. constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
Staff finds that the proposed development is designed in a manner that will be
harmonious with and appropriate in appearance with the existing neighborhood.
The applicant proposes to use the existing structure and anticipates making only
site improvements such as parking.
F.
Will not be hazardous or disturbing to existing or future neighboring uses;
Staff finds that the requested rezone will not be disturbing to existing or future
neighboring uses, if the required land use buffers can be provided within the
restraints of the site. Through the Comprehensive Plan process, the City
determined that commercial development is appropriate for the area, Any future
change of use on the property that may have a significant impact on the
surrounding properties will require conditional use approval under current
ordinances, and adjoining property owners will have an opportunity to comment.
Staff anticipates that the proposed retail building use will' not be hazardous or
disturbing to the neighboring uses, The Commission and Council should consider
the applicant's responses to staff concerns and all public testimony, oral and
written, before making this finding.
G.
Will be served adequately by essential public facilities and services such as
highways, street, police, and fire proteedon, drainage structures, refuse
disposaI, water, sewer or that the person responsible for the establishment of
proposed conditional use shall be able to provide adequateIy any such
service;
K.
L.
On December 4, 2004, a joint agency/department comments meeting was held
with representatives of key service providers to this property, Based on the joint
agency/department meeting and other comments received from
agencies/departments, staff finds that the public services listed above can be made
available to accommodate the proposed development. The Commission and
Council should reference any written and/or verbal testimony submitted by any
public service provider, regarding their ability to adequately service this project,
H.
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
Staff finds that the requested uses will not create excessive additional
requirements at public costs for public facilities and services. Additionally, staff
finds that the proposed rezone would not be detrimental to, the economic welfare
oftbe community,
I.
Will not involve uses, activities, processes, materials, equipment, and
conditions that will be detrimental to any persons, property, or generaI
welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Staff finds that the proposed C-C zoning designatìon of the property does not
inherently allow uses that will generate activities, processes, materials,
equipment, and conditions that are detrimental to the general welfare of the
community,
J.
Will have vehicular approaches to the property whicb shall be so designed as
not to create an interference with traffic on surrounding public streets;
Staff finds that the proposed C-C zoning will not interfere with general traffic
patterns on any public streets, A stubbed asphalt drive for cross-access will be
required to the parking lot to the east, in anticipatìon of future commercial
development. PIease refer to the ACHD staff report for a full report on traffic
issues.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
Staff finds that no natural or scenic feature will be lost, damaged or destroyed by
issuance of this conditional use. Staff has not identified any natural or scenic
features on the site,
Is the proposed zoning amendment in the best interest of the City;
Staff finds that the proposed rezone would be in the best interest of the City by
allowing a property owner to make improvements to the property for re-
development that would otherwise not be allowed without the rezone.
.-