West Carol Professional Center AZ 05-032
A DA CO UNTY R ECOR 0 ER J . DAVID NAVARRO
BOIS E IDA HO 11/10/05 01:46 PM
DEPUTY Bonnie Oberbi lUg
R ECOR OED - REQUEST OF
Meri dian City
AMOUNT
.00
30
1111111111111111111111111111I11111111
105170904
DEVELOPMENT AGREEMENT
PARTIES; l~
2.
City of Meridian
James and Cari Jewett, Owner/Developer
1.
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into
this 26ft.. day of tJc.-hr 1J..e.--v , 2005, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called "CITY' , and James and Cari
Jewett, hereinafter called "QWNERlDEVELOPER".
RECITALS:
1.1 WHEREAS, "OWNERlDEVELOPER" is the sole owner, in la\v and/or equity, of
certain tract of land in the County of Ada, State of Idaho, 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 "Propelty"; and
1.2 WHEREAS, I.e. ~ 67-6511A, Idaho Code, provides that cities may, by
ordi.nance~ require or permit as a condition of re-zoning that the
"Owner/Developer" make a written cornmitInent concerning the use or
developlnent of the subject "Property"; and
1.3 WHEREAS~ "City" has exercised its statutory authority by the enactment of
Ordinance 11-15-12 and 11-16-4 A~ which authorizes development agreenlents
upon the annexation and/or re-~oning of land; and
1 ~4 WHEREAS, "Owner/Developer" has submitted an application for annexation
and zoning of the "Propelty's" described in Exhibit A, and has requested a
designation of (L-O) Lhu.ited Office 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
1 ~6 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 Councit include responses of
government subdivisions providing services within the City of Meridian planning
jurisdiction, and received further testinlony and comn1ent; and
DEVELOPMENT AGREEMENT (AZ 05-032) WEST CAROL PROFESSIONAL OFFICES
PAGE 1 OF li)+{.}
1 ~ 7 WHEREAS, City Councit the 11 th day of October~ 2005, has approved certain
Findings of Fact and Conclusions of Law and Decision and Order, set fOIth in
Exhibit B, which are attached hereto and by this reference incorporated herein as if
set fOlth in full, hereinafter referred to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "OwnerlDeveloper" to enter into a
developlnent agreen1ent before the City Council takes final action on annexation
and zoning designation~ and
1 ~9 "OWNER/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 "Owner/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 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 Developn1ent Ordinances codified in
Meridian Cit.y Code Title 11 and Title 12~
NOW, THEREFORE, in consideration of the covenants and conditions set fOIth herein,
the palties agree as follows:
? 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, terllls, 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 "CITY": lneans 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 83642~3~2 "OWNERlDEVELOPER":
n1eans and refers to James and Cari Jewett~ whose address is 1820 E~ Bowstring,
Meridian, ill 83642 the paIty developing said "Property" and shall include any
subsequent developer(s) of the "Property".
DEVELOPMENT AGREEMENT (AZ 05-032) WEST CAROL PROFESSIONAL OFFI.CES
PAGE 2 OF L0+9
3.3 "PROPERTY": means and refers to that cel1ain parcel(s) of "Property" located
in the County of Ada, City of Meridian as described in Exhibit A describing the
parcels to be annexed and zoned L-Q (Limited Office Distri.ct) 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 Agreen1ent are only those uses allowed
under "City's" Zoning Ordinance codified at Meridian City Code Section 11:
7-2 (G) which are herein specified as follows:
COllstructioll and developlnellt of eit/zer a conditional use perl1zit or a
plaltlled develop/lIen! applicatiol1 slzall be suhlnitted to tIle City of Meridial1
prior to afuture developlnent ill tile L-O zotze, alld tlze perti/lent provisions
of the City of Meridiall C0111prellensive Plan are applicable to tlzis AZ OS..
032 application.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERT.V:
5.1. "Owner/Developer" shall develop the "Property" in accordance with the following
special conditions:
1. That no alterations, expansions, reconstructions or other enlargements to the
existing single-family structure will be pernlitted except through a Certificate
of Zoning Compliance (CZC) and except where 1) the use of the structure
changes to a use consistent with this Development Agreement and 2) the
structure shall meet all applicable development standards such as setbacks,
frontage, height, etc~ of the L-O zone.
2~ That no building or other structure shall be erected, moved, added to or
structurally altered, not shall any building, structure or land be established or
changed in use without a Celtificate of Zoning Compliance (CZC).
3. That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors.
4~ that the following shall be the only allowed uses on this property:
professional and sales offices, personal or professional services, clinics
(lnedical, dental and optical), and health care or social services. As the only
exception to the uses specifically allowed by Resolution 04-454, the applicant
DEVELOPMENT AGREEMENT (AZ 05-032) WEST CAROL PROFESSIONAL OFFICES
.P AGE 3 OF L0+9
may apply for a Conditional Use Permit to operate a child care facility on this
property in the futllre~
5~ That the hours of operation shall be limited to 6 a.m. to 10 p~m., unless
otherwise modified through a future Conditional Use Permit
6. That any new structure(s) (or remodeling of existing structure(s)) shall be
generally compatible in appearance and bulk with the surrounding residential
properties, as determined by the Planning Director or otherwise approved
through a Conditional Use Permit. Further, the design and construction
materials used on remodeling the existing hOID.e into a commercial building
shall substantially comply with the Exterior Elevations prepared by
Parametrlk FX on 09-21-05 and the DBC.
7 ~ That the existing shop be allowed to remain as a non-conforming structure~
8. That the City has approved alternative compliance for the landscaping
adjacent to the west and north propelty lines. The landscape buffer to the
west shall be reduced to approximately five feet adjacent ot the shop and to
ten feet adjacent to the proposed parking stalls. The landscape buffer to the
north shall be reduced to 10 feet. If the existing shop is removed~ then a full
20-foot wide landscape buffer shall be required along the west property line.
Landscape materials along the buffers to the north and west shall be in accord
with MCC 12-13-12-3, and as proposed by the applicant on the landscape
plan labeled Ll~O, prepared by The Land Group, Inc~, dated 6-9-05.
9~ That the applicant agrees to construct a 6-foot tall vinyl privacy fence along
the north property line as proposed. That the applicant agrees to construct a
7-foot tall cinder wall on the west property line~
10. That vehicular access to this site shall be restricted to those approved by
ACHD and the City. No vehicular access to Locust Grove Road is approved~
11. Provide a vehicular cross-across easement to the property to the north.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the
commitments contained herein shall be terminated, and the zoning designation reversed~ upon a
default of the "Owner/Developer" or "Owners/Developers" heirs, successors~ assigns, to comply
with Section 5 entitled "Conditions Governing Developnlent of Subject Property" of this agreelnent
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 Idaho Code ~ 67-6509~ or any subsequent amendments
or recodifications thereof~
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
DEVELOPMENT AGREEMENT (AZ 05-032) WEST CAROL PROFESSIONAL OFFICES
PAGE 4 OF lLlM
"Owner/Developer" consents upon default to the reversal of the zoning designation
of the "Propelty" 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/Developer" and if the "Owner/Developer" fails to cure
such failure within six (6) months of such notice.
8. INSPECTION: "Owner/Developer" shall~ immediately upon completion of
any portion or the entirety of said development of the "Property" as required by this
agreenlent or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City'" that apply to said Development
9~
DEFAULT:
9.] In the event "Owner/Developer"', "Owner/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
requiren1ents of the Zoning Ordinance.
9~2 A waiver by "City" of any default by "OwnerlDeveloper" 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
renledies 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
men10randum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner's" cost, and submit proof of such recording to "OwnerlDeveloper", pllor 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: HCity" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
DEVELOPMENT AGREEM.ENT (AZ 05-032) WEST CAROL PROFESSIONAL OFFICES
PAGE 5 OF li)+Q
126 REMEDIES: This Agreement shall be enforceable in any COUlt of competent
jurisdiction by either "City" or "Owner/Developer", or by any successor or successors in title
or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action
at law or in equity to secure the specific performance of the covenants, agreen1ents,
conditions, and obligations contained herein.
12.1 In the event of a material breach of this Agreenlent, the parties agree
that "City" and "Owner/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 sanle 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 co.mplete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be petfoflued
hereunder by either "Owner/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 pelformance shall be extended by the an10unt 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 S 12-5-3, to insure that installation of the improvements,
which the "Owner/Developer" agrees to provide, if required by the "City".
14~ CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that
no Celtificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner/Developer" has 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/Developer" agrees
to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-
DEVELOPMENT AGREEMENT (AZ 05-032) WEST CAROL PROFESSIONAL OFFICES
PAGE 6 OF lL)i..Q
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.
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 celtified mail, postage prepai.d, return receipt
requested, addressed as follows:
CITY:
OWNER/DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
JaInes and Cari Jewett
1820 E. Bowstring
Meridian~ 1D 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ill 83642
16.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted~ to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This .provision shall be deemed to be a
separate contract between the patties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIME IS OF THE ESSENCE: The palties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every ternl, condition and
provision hereof, and that the failure to timely pelform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
pelform.
DEVELOPMENT AGREEMENT (AZ 05-032) WEST CAROL P.ROFESSIONAL OFFICES
PAGE 7 OF lL}.t.Q
19~ BINDING UPON SUCCESSORS: This Agreen1ent shall be binding upon
and inure to the benefit of the parties ~ respecti ve heirs, successors, assigns and personal
representati Yes, including "City' S~' corporate authorities and their successors in office~ This
Agreement shall be binding on the "Owner/Developer" 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 benefited and bound by the conditions and restrictions herein expressed. "City"
agrees, upon written request of "Owner/Developer", to execute appropriate and recordable
evidence of termination of this Agreement if "City"', in its sole and reasonable discretion, had
deterlnined that "Owner/Developer'" has fully performed its obligations under this
Agreement
20~ INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein~
21. FINAL AGREEMENT: This Agreement sets forth all pro'mises,
inducements., agreements, condition and understandings between "Owner/Developer" and
"City~' relative to the subject matter hereof, and there are no pro.mises, agreements~
conditions or understanding, either oral or written, express or implied, between
"Owner/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 resol ution of "City".
21.1 No condition governing the uses and/or conditions governing re-zoning of the
subject "Propelty" 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.
'J? EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the alnendment 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 (AZ 05-032) WEST CAROL PROFESSIONAL OFFICES
PAGE 8 OF l.LH-G
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreen1ent
and made it effective as hereinabove provided.
CITY OF MERIDIAN
-----.........
'"
DEVELOPMENT AGREEMENT (AZ 05-032) WEST CAROL PROFESSIONAL OFFICES
.PAGE 9 OF lL).H)
STATE OF IDAHO, )
ss:
County of Ada, )
On this h day of Oc..-hJ~-Y , 2005, before me, the undersigned, a
Notary Public in and for said State, personally appeared. James Jewett and Cari Jewett,
known or identified to me to be the persons who executed the instlUlnent, and acknowledged
to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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lloJi- day of ,2005, before me, a Notary
Public, personally app red Tammy de Weerd a illiam G.. Berg, Jr., know or identified
to me to be the Mayor an Clerk, respectiv , of the City of Meridian, who executed the
instrument or the person t t execut the instrument of behalf of said City, and
acknowledged to me that such 'e ecuted the same.
STATE OF IDAHO )
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DEVELOP ENT AGREEMENT (AZ 05-032) WEST CAROL PROFESSIO L OFFICES
PAGE 10 OF lLl-I-Q
STATE OF IDAHO )
) ss;
County of Ada )
On this'! 5,~ day of tV ov' &~'H12!1' 2005, before me, the undersigned, a Notary
Pll.blic in and for the said State, personally appeared Shaun Wardle and Willian1 G~ Berg,
Jr~, known to me to be the City Council President al1d City Cler.k, respectively, of tIle
CITY OF MERIDIAN, who executed the foregoing instrument on behalf of th.e City of
Meridian, and acknowledged to me that the City executed the saIne.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal~ the day and year in this certificate first above written.
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Notary Public for Idaho
Residing at 111/ [/;'/// , TJJ
My Commission Expires: /() "~/\c; -(I
DEVELOPMENT AGREEMENT (AZ 05-032) WEST CA.RO.L PROFESSIONAL OFFICES
EXHIBrI: A;
Cnrol Street Professional Office Annexation
AZr05-032
Legal Description
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LEGAl" DESCRiPTION
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Cli1f'Y OF MERIDIAN
FiNDJlNGS OF FACT, CONCLUSION'S OF LAW AND
DECISION 8l ORDER
In the Matte!' of a Request for Annexation and Zoning of 0.56 Acres fl.ont R6 (Ada County)
to L...O (Liulited Office District), b~' James & Carrie Jelvett
Case No(s): AZ-05w032
For the City Council I-Ieal~ing Date of: August 23m, Septetnber 13th and Septell1ber 27th, 2005
A. Findings of Fact
1" Hearing Facts
a. A notice of a public hearing was published for t\VO (2) consecutive weeks prior to
tIle City Council public hearil1g~ the first publication appearing and written notice
mailed to property owners or purchasers of record \.vithin three hundred feet (300))
of the external boundaries of the propertY6 The notice of public hearing before the
City Council was posted upon the property under consideration 1110re than one week
before said hearing~ All other noticing was done consistent with Idaho Code s67?6
6509~
The lnatter was duly considered by the City Council at the August 23, 2005,
Septelnber 13, 2005, and Septelnber 27, 2005t public hearing(s)4 The applicant)
affected property owners, and governluent subdivisions providing services within
tIle platUlingjurisdictiol1 oftl1e City of Meridian were given full OPPoltunity to
express COln111ents and SUbluit evidence.
b. Written and oral testhnony was received 011 this lnatter) as reflected in the records
of the City Clerk (for written testi111011Y) and in tile official ll1eeting lninutes (for
oral testinl011Y).
c. The Planning and Zoning COlnnllssion conducted a public hearing 011 July 21, 2005
and issued a \rvritten recolul11endation 011 the subject Inatter to tl1e City CounciL
d_ The City Council heard and took oral and written testhnony and duly considered the
evidence and the record in this nlatter~
2~ Process Facts
a~ There has been cOlnpliance \vith all notice and hearing requirenlents set forth in
ldaho Code 967-6509, 6512, and Meridian City Code ~~ 11..1 S~5 and 11-17-5 as
evidellced by the Affidavit of Mailing, and tl1e Affidavit ofPublicatioll and Proof of
Posting filed with the staff report
3. Application and Property Facts
CITY OF lvtERlD.tAN F1ND1NGS OF FACT, CONCLUSIONS OF LAW AND DECIS10N & ORDER
CASE NO(S). AZM05..032.. PAGE 1 of4
a, In addition to the appli cation and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings are J&an1es & Carrie JewetL
4~ Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit D for the findings required for this application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
UsePlannillg Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. *67-
6503) t
2. The Meridian City Council takes judicial notice of its Zorling, Subdivision and
Development Ordinances codified at Titles I 1 and 12, Meridian City Code, and all
cun.ent zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact 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
9 11..17 -9 ~
4. Due consideration has been given to ttle comment(s) received from the governmental
subdivisions providing services in the City of M eridi all planningjurisdiction.
5. It is found pubHc 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 Conceptual Site
Plan and Exterior Elevations as shown in Exhibit B, and the Annexation and Zoning
Comments as shown in Exhibit C. The conditions are concluded to be reasonable and
the applicant shall 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 9 12-3-5 and
based llpon the above and foregoing Findings of Pact which are herein adopted, it is hereby
ordered that
C1TY OF i\1ERIDJAN FINDINGS OF FACT~ CONCLUSIONS OF LA W AND DECISION & ORDER
CAS E NO(S). AZwOS-032- PAGE 2 of 4
L 1'he applicanes Conceptual Site Plan as evidenced by having subnl1tted the
Conceptual Site Plan dated June 9, 2005 are hereby conditionally approved;
2. The applicant's Exterior Elevations as evidenced by having subnlitted the Exterior
Elevations l)repared by Paranlelrik FX, dated Septenlber 9) 2005; and)
3" The Annexatioil and Zoning COIU111ents are as shown in Exhibit C"
D. Notice afFinal Action and Right to Regulatory Takings Analysis
1. Please tal{c notice that this is a final action of the governing body of the City of
I\t1eridial1) pursuant to Idaho Code g 67-6521 an affected person being a person \\Tho has
an interest in real property which ll1ay be adversely affected by tlle issual1ce or denial of
the conditional use perI11it approvalluay wi.thin twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52) Title 67, Idaho
Cod.e.
EA Exhibits
Exhibit A: Legal DescriptioJl
Exhibit B: Conceptual Site Plan and Exterior Elevations
Exhibit C: Annexation Ul1d Zoning COlnnlents
Ex.hibit D: Zoning Alnendlnent Findings
By action of the City Council at its regular lneeting held 011 the
&c.h ~ , 2005.
I ! ..f'6-. day of
COUNCIL MEMBER SI-IAUN WARDLE
VOTED~
COUNCIL MEMBER CI.IRISTINE DONNELL
VOTED
J16J4J
COUNCIL MEMBER CI1ARLIE ROUNTREE
VOTED
~
COUNCIL MEMBER !<'EITfI BIRD
VOTED$'-
-----
MAYOR TAMMY de WEERD
(TIE BREAICER)
VOTED
CITY OF MERIDIAN FINDINGS OF FACT~ CONCLUSIONS OF LAW AND DEClS10N & ORDER
CASE NO(S). AZ-05-032- PAGE 3 of l]
\\\H" * ~ IJ ''''11
,\\\~~ Of p,.Ji~.'7"~(lIIIII/
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Copy served Upon Applicant. The Planning afi4.~lgf&el~~ent> Public Works Depmtment
llllf1tJr TUtl\\\
and Ci ty A ttorney ~
IO-/f-O'S
Dated:
CITY Of' MERrDlAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER
CASE NO(S)~ AZ-05-032- PAGE 4 of 4
EXIIIBIT A
Carol Street Pl~ofcssionaI Office Annexation
1\Z-OS-032
Legal Description
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1121 E. Stalc Slree} · Sulta 1115 · Eagle, Idaho 83616 · office: t.2{J!l-939-7:;l73 ' fall; H!08-939-7321
Job No. 05892
J.B.F
(,.8-05
LEGAL DESCRJPTION
FOR
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Annc~ation Rmmdnry
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EXI-IIBIT B
Carol Stl'~eet Professional Office Anucxation
AZ-OS-032
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EXfIIBIT C
Carol Stl~eet Professional Office Annexation
AZ-OS-032
Annexation and ZOlling Conllnents
ANEXA TION & ZONING FACTS AND COMMENTS
1. The subject property is within the Urban Services Planning Area. The legal
description subnlitted with the application (dated 6..9...05~ stan1ped by Darren Rl
Leavitt) shows the property as contiguous to the existing corporate boundary of
the City of Meridian. The Public Warks Departtnent has cOllfirlned that the
sublnitted legal descriptio.n Ineets the requirelnents of the City of Meridian and
the Idal10 State Tax COlulnission.
2. Any future subdivision and/or development of this propeI.ty shall cOlnply \vith the
City of Meridian ordinances in effect at the tiIne.
3. Prior to tl1e annexation ordinance approval, a Developluent Agreelllent (DA) shall
be entered into bet\veen the City of Me lid ian, propelty owner (at the titne of
annexation ordinance adoptioll), and the developer~ The applicant s11all contact the
City Attorney, Bill Nary.. at 888...4433 to initiate this process~ The DA shall
incorporate the following:
o That no alterations) expansions, reconstructions or other enlargelnents to tbe
existing single-fan1ily stLucture win be petmitted except through a Certificate
of Zoning C01l1pliance (CZC) and except \vhere 1) the use of the structure
changes to a use consistent with this Developlnent Agreelnent and 2) the
structure shall ll1eet all applicable developtnent standards such as setbacks,
frontage, height, etc. of the L-O zone.
o That no building or other structure shall be erected, tnoved) added to or
structurally altered, nor shall any building, structure or land be established or
changed in use witI10Ut a Certificate of Zoning COl"npliance (C2C).
o That all future uses shall not involve uses, activities, processes:! 1l1ateriaLs,
equiptnent and conditions of operation that will be detritl1ental to any persons,
property or the general welfare by reason of excessive production of traffic,
noise~ smoke, fun1es, glare or odors ~
o That the following S11UU be the only allowed uses on this propelty:
professional and sales offices, personal or professional services) clinics
(lnedical, dental and optical)) and health care or social services. As the only
exception to the uses specifically allo\ved by Resolution 04...454, the applicant
Inay apply for a Conditiona"l Use Perlnit to operate a child care facility 011 this
property in the future.
o That tile hours of operation shall be lilnited to 6 a.m. to 1 0 p.ln~, unless
otherwise lTIodified tluough a future Conditional Use Pertnit.
o That allY new structure(s) (or relllodel of existing structure(s)) shan be
Carol Street Protessiol1nl Office Anncxntion Exhibit C
gen.erally cOll1patible in appearance and bulk vlilh the sun.oul1ding residential
propelties, as detertnined by the Planning Director or other\vise approved
through a Conditional Use Pern,it. Further, the dcsif!1l and construction
nlateriaIs used on remodeling the existing llome into a conlmercial
buiI<ling shall substantiallv comply \vith the ExtCI.iolf Elevations prepared
bv Pal.anlctl~il{ FX 011 09-21-05 and the DBC..
o That the existing shop be allowed to renlain as a non-COnf01"lning structure.
o That the City has approved altel11ative cOll1pliauce for the landscaping
adjacent to the 'A'est and north property lines. The landscape buffer to the \vest
shall be reduced to approxi111ately five feet adjacent to the shop and to ten feet
adjacent to the proposed parking stalls. The landscape buffer to the north shan
be reduced to M !Q...feel.:, adjaeent to the cx-iGting shep;--aacl shull b~feet
wide in all et_s-;-lf the existing shop is renloved, then a full 20wfoot
\vide landscape buffer shall be required along the \-vest Pl"opcrtv line.
Landscape luaterials along the buffers to tl1e north and west shan be in accord
with MCC 12..13... 12..3,. al1d as proposed by tIle applicant on the landscape plan
labeled Ll.O) prepared by The Land Group, Inc., dated 6..9-05~
o That tIle applicant agrees to construct a 6-foot tall vinyl privacy fence along
the nOlth and \ycst property lines, as proposed. That the applicant agrees to
construct a 7.foot tall cinder wall OIl tbe ,vest propertv line~
o That vehicular access to this site shall be restricted to those approved by
ACIID and the City~ No vehicular access to Locust Grove Road is approved.
o Provide a vehicular cross-access easement to the property to the nOlth.
Carol SU'eel Profcssionnl Office Annexation Exhibit C
EXIIIBIT D
Carol Street Pt+ofcssional Office Annexation
AZ-OSw032
Zoning AUlendnlent Findings
ANNEXA l'ION c..~ ZONING ANALYSIS
According to Ordinance 11-15-11, General Standards Applicable to Zoning
Alnendnlents, both the P &Z C0111lUission and Council are required "to revie\\' the
particular facts and CirCU111stances of eacl1 proposed zoning anlendlnent in tenns of the
folloVt'ing standards and shall find adequate evidence allswering the following questions
about the proposed zoning anlenchnentU
The following is the list of standards found in 11-15-11 and analysis:
A. Will the nc\v zoning be hal~nl0nious ,,'ith and in accordance lvith the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan nmendment;
As noted in the sUln111ary above~ the 2002 Conlprehensive Plan Future Land Use
Map designates the subject property as "Low Density Residential". The purpose
of a low density residential designation is to allow for the developluent of single-
f(unily hOlues on large lots where urban services are provided. Uses 111ay include
single~falnily hOll1es at densities oftlu.ee dwelling units or less per acre (Page 95,
Chapter VII~ 2002 COl11prellensive Plan).
The City recently approved Resolution No. 04-454, which anlended Chapter YIlt
Section l~ of the Comprehensive Plan to include the following language: HAt the
discretion of City Coul1cil~ areas with a Residential COll1prehensive Plan
designation lnay request office uses if the propel.ty has frontage 011 an alterial
street or a section line road and is 3 acres in size or less in size. In this instance,
no ancillary cOlnlllercial uses shall be perluitted." City Council finds that the
subject property has frol1tage 011 Locust Grove Road, an arterial street> and is less
than 3 acres in size (0.56 acres total).
Because the property is less than 3Macres in size, is located on an arterial street,
and has existing comulercial uses around it, City Council believes that a
residential use of tIle property Inay not be the best use of the land. City Council
believes that an office zone and use on the subject property is appropriate as the
request is consistent with tIle intent of Resolution No. 04"454. Please see the
following facts and cirCUlustances and tIle Special Considerations below for
further analysis of the proposed zoning designation and anticipated office use.
enrol Street Prorcssionnl Office Annexation Exhibit 0
. City Council finds the follo\ving Goals, Objectives, and Action itenls contained in
the 2002 Comprehensive Plan to be applicable to this application (analysis is in
italics helol,v])olic)I):
o "Restrict curb cuts and access points on collectors and arterial streets.")
(Chapter VII., Goal IV, Objective 0, Action iteJ11 2)
On the Subl1zitted plan, the applicant is jJ/"oposing a single access to Carol
Street~ No access to Locust Grove Roadl an arterial street, is projJosed.
o '~Require appropriate landscape and buffers along transportation corridors
(setbaclc) vegetation, low walls) belTIls) etc.) _" (Chapter VII, Goal IV,.
Objective D, Action item 4)
LocHst Grove Roacl is designated as an arteriaL street. By City Ordinance, a
257foot 1-viele landscape buffer is required adjacent to Locust Grove Road
(MCC 12-13..] 0-4)" Landscape buffirs will be required bJ} the CitJl \11ith
Certificate oj'Zoning COlnpliance (C2C) approval.
o "Require all conunercial busitlesses to install and tuaintain ]andscaping~"
(Chapter V) Goal Ill) Objective D, Actioll iteln 5)
The ap]Jlicant has Sh0111H both internal Clnd perbneter landscaping on the
subnlitted plans. The applicant is requesting alternative C0111pLiancefor the
required landscape buffers adjacent to the single-fanlil)J h0111€S to the north
and }1!8St. Prior to occupancy of the buildings on this sitefor office uses, the.
applicant ~vill be. required to construct internal and perbneter landscaping in
accordance VJJith City Ordinances.
o "Pertuit new. . .. c01l11nercial developlnel1t only ,-,'here urban services can be
reasonably provided at the time of final approval and developlncnt is
contiguous to the City." (Chapter IV, Goal I, Obj~ A, #6)
Tilts },arcel is contiguous lo the city via the Tif'algreen ~s site to the south and
Fred MeJ}er site to the east* Sanita/y seMler Gnd water are available to this
parceL
o "Plan for a variety of C01111nercial and retail opportunities v/ithin tlle lInpact
Area.~) (Chapter VII) Goal 1 ) Objective B)
City Council believes that the proposed zone, which allori's o.ffice usesJ does
contribute to the variat)! of uses in this area.
City Council finds that the neB) zoning to L-O should be har/1'lonious ),vith and in
accordance l1}ith the Con1prehensive Plan, as anlen.ded by Resolution ^ro~ 04-454~
Carol Street Profcssionnl Office Annextltion Exhihit 0
B. Is the area included in the zoning anlcndnlcnt intended to be rezoned in the
future;
ConCUl1.ent wi th the annexation and zoning application, the applicant has
subnlitted a site plan and a landscape plan. These plans depict the reluodeled
office, a storage shop, parking, and landscaping inlproven1ents for this property.
City Council does not anticipate that the applicant plans to rezone the subject
propelty in the future if the subject annexation/zoning is approved) as the
anticipated office use is allowed in the requested L-O zone. Please see Finding
u'C".
c. Is the area included in the zOlling amendment intended to be developed in the
fashion tllat lvould be allowed under the new zoning -for cxanlple, a
residential al~ea tUI~ning into a commercial al~ea by nlcans of conditional use
permits;
City Council finds that professional offices, laboratories~ libraries and 111edical
clinics \vould be pennitted uses within the requested L-O zone.. However, there
are several uses in the requested L-Q zone tl1at can occur with conditional use
pern1it approvaL City Council is cOllcerned that this site ll1ay turn into a
cOlnnlercial retail site, and is recolnn1ending that the City Ihnit the uses that can
operate on the site.
D. Has there been a change in the area or adjacent areas vvh.icll may dictate that
the area sllould be rezoned. For exanlple, have the streets been widened, IIC\V
railroad access been developed or planned or adjacent nrea being d~veloped
in a Cushion similar to tIle proposed I-ezone area;
This area has seen nInny recent changes. Most notably) Office Jet Subdivision:.
which is less than ~ of a Illite to the north of the subject site on Locust Grove
Roadt Office buildings have recently been constructed within Office Jet
SubdivisioLl. Locust Grove Road is cUl1~ently hnproved to five lanes. Carol Street
has curb, gutter and sidewalk Oll the south side of the street (adjacent to
Walgreell's)~ These factors contribute to reconlluending that this area should be
rezoned.
E~ Will the proposed uscs be designed, constructed, operated and nlaintaincd to
be harmonious alld appropriate in appeal"ance witl\ the existing or intended
character of the general vicinity and that such use \vill not c]lunge the
essential character of the sanle area;
The applicant will be required to re-construct, operate and luaintaill the office
building(s) in accordance with City Code. Although tl1is area was intended for
resideJltial uses when nle 2002 C01l1prehensive Plan was adopted, City Council
finds tllat an office zone also cOluplies with what is intended for tl1is intersection,
as Resolution No. 04...454 allows the City Council to consider office uses in this
CnroJ Street Professional Office Anncxntion Exhibi[ 0
locatiOllt City Council finds that the design of the subnlitted layout could be
harn1onious with the adjacent propelties if adequate landscaping/screening is
provided~ City Council further finds that the proposed office zone/use \vill cl1ange
the existing character of the area, but that the proposed zone and future use should
be ha1111011ious and appl'opria te in appearance with the character of the overall
area. City Council finds that any future uses, if designed, const1"ucted and
operated in accordance with adopted city ordi 11 a llces, should be llarn1onious and
appropriate in appearance \vith the intended character of the vicinity~
F. Will the proposed uses not be hazurdous or distur'bing to existing or future
neighboring uses;
City Council fil1ds that the use of this site for professional offices should not be
hazardous or disturbing to existing or future l1eighboling uses if the applicant
enters into a developlnent agreelnent with the City and an developlnent and
landscaping ordinances are exercised. COll1nleroial (office) vehicular access to
this site could cause a potential disturballce to existing and/or future residential
uses in tl1is area. The 2002 COlnprehensive Plan Future Land Use Map designates
the properties to the north and west as low density uses and this office lot would
take access to a. prhnarily residential street, Carol Street.. City Council does not
believe that this office will generate a significant an10unt of traffic~ I-Iowever, City
Council has received several letters and phone calls ftOlTI nearby property owners
stating that an office use on this property will be disturbing, SOIne of the
neighbors have stated that getting into and out of the subdivision is very difficult.
Due to the location of the Walgreen's drivewaY1 the Fred Meyer driveway and
cars stacking up at the Locust Grove/Fairview intersection> access to Carol Street
has becolne difficult for the residel1ts in this area" Therefore~ In addition to staffs
analysis~ the COlutnissioll and Council should rely on public testiInony (oral and
written) to detenuine wl1ether or not the potential disturbance of allowing a
cOlnn1ercial access int%ut of this site will substantially affect the existing or
future neighboring uses.
G. "'ill the area be served adequately by essential public facilities and se.rvices
snell as bighways) streets, police and fire protection, d~"ainage structures,
(-cfuse disposal, water, sewer or that the person responsible for the
establishnlcnt of proposed zoning anlendment sllaIl be able to provide
adequately any of snch services;
Sanitary sewer is available in N. Locust Grove Road and has already been stubbed
into W. Carol Street which abuts the soutl1ern boulldary of this property.
The applicant and/or future propelty owners will be required to pay any
applicable park and highway i111pact fees as well as construct on-site stornl \tvater
drainage facil i ti es.
Carol Street Profcssionnl Office Annexation Exhibit D
On July 1, 2005, a joint agency and departnl.ent C01111nents ll1eeting was held with
representatives of key service providers to this properly* Based on th.e joint
llleeting and other C0111111ents received fron) agencies and departlnents, City
Council finds that the public services listed above can be 111ade available to
acconllnodate the proposed developnlent The COlnn1issioll and Council should
reference any written and/or verbal testinlony subn1itted by any public service
provider, regarding tlleir ability to adequately service this project
It Will not create ex.cessive additional rcquil~enlents at public cost for public
facilities and services and will not be detl.inlcntaJ to the ccononlic ,velfare of
tIle c.onlnlUnii"y;
If approved, the developer will be financing the extension of sewer, water, local
street infrastructure) utilities and liTigation services to serve tlle project Other
required site inlprovelnents will be fl1nded and constructed by the developer
through the cze approval process. The prhnary public costs to serve the future
uses will be fire and police facilities and services~ City Council finds there will
not be ex.cessive additional requirelnents at public cost and that the proposed
zoning and subsequent developlnent will not be detrinlental to the cOlnnlunity's
econolnic welfare.
1.. Will the proposed uses not involve uses, activitics~ processes, lllatcl"ials,
equipmcllt and conditions of operation tllat \vilI be <letrinlel1tal to any
persons, property or the general welfare by reason of excessive production of
traffic,. noise, smol{c,. fumes, glare 01" odors;
The purpose of the L..Q zone is to ttpel1uit the establislunent of groupings of
professional, research, executive) adlninistrative, accounting, clerical,
stenographic, public service and shnilar uses~. ..shall not involve heavy testing
operations of any kind or product manufacturing of such a nature to create noise,
vibration or eluissions of a. nature offensive to the overall pUlpose of this
District." (MCC11-7M2.G) As such, City Council does not anticipate future uses
will create slnolce, fulnes, glareJ or odors that will be detrhnental to tl1e general
welfare ofpersol1s or property in th.e area. City Council does not anticipate the
proposed annexation and subsequent use(s) \vill create excessive noise, s111oke1
fUlnes, glaro> or odors~ City Cou.Jlcil finds that the proposed office zoning/use
should not be detrinlental to people, property or the general welfare of the area.
If the subject annexation and zoning application is approved, the applicant intends
to relTIodel t11e existing h0111e into an office~ City Council finds that any future
uses on this site will generate additional traffic 011 adjacent roadways above and
beyond \vhat the existing residence generates. City Council recognizes that traffic
and noise will increase vvitIl the approval of tllis developlnent; 110\VeVer, do to the
sJ.naller size of the site City Council does not believe that the 81nount generated
\vill be detli.melltal to the general welfare of t1le public. However, the City has
received several letters fronl llolne o\vners in this area, SOlne stating that the
Cnrol Street Pl'ofc..~sion31 Office Anncxntion Exhibit D
proposed use 111ay be delrhl1ental to persons, properly and/or their general
V\telfare. 111 additio1l to staffs analysis, the C01l1111ission and Council should rely
on any and all public testin1011Y (oral and written) provided when deternlining this
findil1g~
IvlCC 11-16..4 provides the P &Z COlnnlissiol1 and City Council the authority to
require a property owner to enter into a Developlnel1t Agreenlent with the City of
Meridian that Inay require S01l1e written C0111111itnlent for all future uses to luore
fully c01l1ply 'vvith this finding. Due to the close proxinlity of the ex.isting
residential uses, City Council believes that a Developlnent Agreell1ent is
necessary to ensure that the purpose of the L...O zone is 11laintained~ Please see
Annexation & Zoning Facts and COlnlnents.
J~ \\'ill the area have vehicular approaches to the property \vhich shall be so
dcsiguad as not to create an interference ""ith traffic 011 surrounding pu.blic
streets;
This parcel.has approxl1uately 100 feet offrontage on Locust Grove Road.. Any
driveway to the site fi'OlTI Locust Grove Road would be close to the Carol
Street/Locust Grove Road intetsection. Therefore, the applicant is proposing a
driveway approach to Carol Street and not Locust Grove Road.. ACHD considers
access points in their analysis of d.evelopluent applications and tlleir staff is
recomlnendil1g approval of the proposed ,'ehicular approach.. City Council
believes that the proposed uses (and access) should not be hazardous to
neighboring uses 01. traffic flows. The C0111lnission and Council rely on public
testiInony, ACHD City COlll1cil) and City staff's analysis wIlen dete1111ining
wllether or not the proposed vehicular approach to Carol Street will create an
interference with traffic on surrounding public streets.
It. Will not result iu the destruction~ loss or damage of a natural or scenic
feature of major iUlportancc; and
City Council is unaware of any natural or scenic features of Inajor illlpartance on
this site and finds that no natural or scenic features of tnajor hnportance will be
lost or daluaged by approving the annexation and zoning application. Any
existing trees larger than 4H caliper that are relnoved shall be lnitigated for) as
detel1nined by the City Arborist.
L. Is the proposed zoning anlcndnlent in the best interest of the Cii"y of
Meridian. (O..d. 592~ 11-17...1992)"
The legal description sublnitted with the application, prepared by Al1"OW Land
Surveying, Inc., shows that the property is contiguous to the existing COll)Orate
boundary of the City of Meridian. The land directly south and east of the subject
property has previously been almexed into the City and this is a logical expansion
of the City boundary. The applicant is proposing to develop tlle land in substantial
Cnrol Street Professional Office Annexation Exhibil 0
cOlnpliance with the City~s Coolprehensive Plan. In accordance ~lith the findings
listed above) City Council fil1ds that the annexation and zoning of this property
would be in the best interest of the City. NOTE: City Coullcilllas included
Developnlent Agreelnent stipulations for annexation and zoning of this property.
Carol SlLoect Pl'ofcssionaf Office Annexation Exhibit D