Mussell Corner MI 06-005
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 09/29/06 03:58 PM
DEPUTY Bonnie Oberbillig
RECORDED - REQUEST OF
Meridian City
53
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III 1111111111111111111111111111111111
106155843
AMOUNT
.00
ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Kuna Victory, LLC, Owner/Developer
The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into
on the 17m day of November, 2004. This addendum is made and entered into this 14+h day
of 5~i)--k!vVl,\llY"'-, 2006, by and between CITY OF MERIDIAN, a municipal
corporation of the State of Idaho, hereafter called CITY, and Kuna Victory, LLC, whose
address is PO Box 2020, Boise, Idaho 83701, hereinafter called OWNERlDEVELOPER.
OWNERlDEVELOPER agrees to be bound by the terms of the original
Development Agreement (instrument # 104153422), approved on November 23,2004 on the
land described in Exhibit "A", except as specifically regarding the following items:
1. The parties hereto agree that the development of the property described in Exhibit
"A" shall be in accordance with the terms of the above described Development
Agreement, exhibit "B", or those City ordinances in effect at the time any
subsequent conditional use application is filed, whichever are more restrictive.
2. That the original Development Agreement, Instrument # 104153422, approved on
November 23, 2004, and recorded on December 3, 2004, be amended by
modifying the following:
. Section 4.1 - currently states:
"The uses allowed pursuant to this Agreement are only those uses allowed
under "City's" Zoning Ordinance codified at Meridian Code Section 11-7-
2(K) which are herein specified as follows: a) Construction and development
of a commercial subdivision that includes a feed store and gas/convenience
station in a proposed C-G zone. All future uses on proposed lots or parcels
within the annexation area shall be approved through the Conditional Use
permit process."
This Section 4.1 shall be replaced with the following language:
"The uses allowed pursuant to this Agreement are only those uses allowed
under City's Unified Development Code codified in Table 11-2B-2 and herein
specified as follows:
a) Principally permitted uses on the subject property shall be allowed without
Conditional Use Permit approval, provided all future buildings have:
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-005) MUSSELL CORNER
PAGE 1 OF 5
sloped metal roofs with overhanging eaves that are supported by posts; are
oriented toward the public street (Front door facing street); siding visible
from the street containing at least a three-foot tall wainscoting constructed
of stone, brick, or other similar materials; that each building will provide a
variety of building materials and colors; and each building is generally
consistent with the nine pictures submitted with MI-06-005 (attached to
this addendum), as determined by the Planning Director. If a future
proposed building is not consistent with the above-mentioned provisions,
then the building and use shall be required to obtain Conditional Use
Permit approval prior to construction and operation.
b) Future construction on the subject site shall be generally consistent with
the Master Site Plan submitted with MI-06-005 (attached to this
addendum), as determined by the Planning Director. All buildings with
frontage on Victory Road or Meridian Road will be limited to a maximum
11,000 square foot building footprint and no building on this site shall
have a building footprint larger than 20,000 square feet. If a future
proposed building is not consistent with the Master Site Plan, then the
building shall be required to obtain Conditional Use Permit approval.
c) That all future buildings on the subject property will be required to submit
a Certificate of Zoning Compliance (CZC) application prior to
construction. And all future buildings adjacent to Meridian Road will be
required to obtain Design Review approval prior to construction.
. Section 6 - Conditions Governing Development of Subject Property
sets forth additional conditions and restrictions for the property.
Section 6.B1a currently states:
"a) All future uses on proposed lots or parcels within the annexation area
shall be approved through the Conditional Use Permit process."
This Section 6.B1a shall be replaced with the following language:
"a) All future uses on proposed lots or parcels within the annexation area
shall be required to comply with the amended Section 4 of the
Development Agreement and the Unified Development Code."
3. That Owner and/or Developer agree to abide by all ordinances ofthe City of
Meridian and the Property shall be subject to de-annexation of the Owner and/or
Developer, or their assigns, heirs, or successor shall not meet the conditions of
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-005) MUSSELL CORNER
PAGE 2 OF 5
this addendum to the Development Agreement, and any new Ordinances of the
City of Meridian as herein provided.
4. This addendum shall be binding upon and insure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including City's
corporate authorities and their successors in office. This second addendum shall
be binding on the Owner and/or Developer of the Property, each subsequent
owner and any other person(s) 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 hereon
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 and/or Developer, to execute appropriate and recordable evidence of
termination of this addendum if City, in its sole and reasonable discretion, had
determined that Owner and/or Developer have fully performed their obligations
under this Addendum.
5. If any provision of this addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this addendum
and the invalidity thereof shall not affect any of the other provisions contained
herein.
6. This addendum sets forth all promises, inducements, agreements, condition, and
understandings between Owner and/or Developer and City relative to the subject
matter herein, and there are no promises, agreements, conditions or understanding,
either oral or written, express or implit:d, between Owner and/or Developer and
City, other than as are stated herein. Except as herein otherwise provided, no
subsequent alteration, amendment, change or addition to this second addendum
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.
a. Except as herein provided, no condition governing the uses and/or
conditions governing development of the subject Property herein provided
for can be modified or amended within 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.
7. This addendum shall be effective as of the date herein above written.
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-005) MUSSELL CORNER
PAGE 3 OF 5
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
Made it effective as hereinabove provided.
OWNERlDEVELOPER:
KUNA VICTORY, LLC
CITY OF MERIDIA
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ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-005) MUSSELL CORNER
PAGE 4 OF 5
STATE OF IDAHO, )
: ss
County of Ada, )
On this J 4 #aay of ~ternJ?ey , 2006, before me, the undersigned, a
Notary Public in and for said State, personally appeared -;: evi ll.- Oo...o...s ,
known or identified to me to be the 'nlufl.er!1Je.ueJ[)per of Kuna Victory, LLC,
acknowledged to me that he executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first a . tten.
KIMBERLY CLARKE
SEAL) Notary Public
State of Idaho
- --
Notary Public for Idaho
Residing at: ~ r5sY ! b
My Commission Expires: 4-/3-} J
STATE OF IDAHO )
: ss
County of Ada )
On this--1<1fY' day of -.&p+cm btr , 2006, before me, a Notary Public,
personally appeared Tammy de Weerd and William G. Berg, Jr., known 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.
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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ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-005) MUSSELL CORNER
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1
MUSSELL CORNER SUBDIVISION
A parcel of land for the purpose of annexation~ as shown on Record of Survey
3523 and recorded as Instrument Number 96033828~ located in a portion ofthe
SW ~ of the SW ~ of Section 19, Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho and more described as follows:
Commencing at an aluminum cap monument marking the NW corner of said SW
~, thence along the West line of said SW ~ 800055'37" W a distance of 1330,53
feet to a 5/8 inch rebar marking the NW comer of said 8W ~ of the SW 1/4 and
being the POINT OF BEGlNNING,
Thence leaving said West line 889059'45" E a distance of232.00 feet to a 5/8
inch rebar;
Thence along the arc ofa curve to the left having a radius of655.00 feet, an arc
length of 438.43 feet~ a central angle of38021 '02", and a chord bearing
831017' 57" E a distance of 430.29 feet to a 5/8 inch rebar;
Thence 850028'28" E a distance of 558.77 feet to a 5/8 inch rebar; ,
Thence 853005'22" E a distance of285.31 feet to a 5/8 inch rebar on the East line
of said SW ~ of the SW Y4;
Thence along said East line SOo046' 12" Wa distance of 435.31 feet to a 5/8 inch
rebar marking the SE comer of said SW ~ of the SW 1/4;
Thence leaving said East line and along the South line of said SW ~ of the SW ~
889059'08" W a distance of 1130.34 feet to an aluminum cap monument marking
the SW corner of said SW ~ of the SW~;
Thence leaving said South line and along said West line N00055'3T' E a distance
of 1330.37 feet to the POINT OF BEGINNING.
Said parcel contains 23.52 acres more or less and is subject to all existing
easements and rights-of-ways of record or implied.
AD COUNTY RECORDER J. DAVID NAVARRO
801 E IDAHO 12103/04 03:08 PM
DE UTY 80nnll OberbilUg
ftE OftDED - REQUEST OF
Me dlan CIIy
AMOUNT .00
37
11111111111I111111I111111111111111111 .
la41~3422
DEVELOPMENT AGREEMENT
PARTIES: I.
2.
City of Meridian
Tim J. Mussell and Carol M. Mussell, Owner/Deve1oper
THIS D~VELOPM$': AGREEMENT (this "Agreement"), is made and
entered into this 17 day of (:? '1.~1R ,2004, by and between CITY OF
MERIDIAN, a mumcipal corporation of the State ofIdaho, hereafter called "CITY', and
11M J. MUSSELL AND CAROL M. MUSSELL, whose address is 100 East Victory,
Meridian, Idaho 83642, hereinafter called "OWNERlDEVELOPER".
1.
RECITALS:
1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law
and/or equity, of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit A 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
1.2 WHEREAS, I.C. ~ 67-6511A, Idaho Code, provides that cities
may, by ordinance, require or pennit as a condition ofre-zoning
that the "OWNERlDEVELOPER" make a written commitment
concerning the use or development ofthe 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 agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "OWNER/DEVELOPER" has submitted an
application for annexation and zoning of the "Property's"
described in Exhibit A, and has requested a designation of (C-G)
General Retail and Service Commercial District, (Municipal Code
of the City of Meridian); and
1.5 WHEREAS, "OWNERlDEVELOPER" 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 (AZ-03-038)
PAGE 1 OF 16
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 Council, include responses of government
subdivisions providing services within the City of Meridian
planning jurisdiction. and received further testimony and
comment; and
1.7 WHEREAS, City Council, the .2c~day of ~ ' 2004, has
approved certain Findings of Fact and Conclusi6m""'6fLaw 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
1.8 WHEREAS, the Findings require the "OWNERlDEVELOPER"
to enter into a development agreement before the City Council
takes final action on annexation and zoning designation; and
1.9 "OWNERlDEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and ackno ledges that this
Agreement was entered into voluntarily and t its urging and
requests; and
1.9 WHEREAS, "City" requires the "OWNE
enter into a development agreement for the urpose of ensuring
that the "Property" is developed and the sub equent use of the
.'Property" is in accordance with the terms d conditions of this
development agreement, herein being establ shed as a result of
evidence received by the "City" in the proce dings for annexation
and zoning designation from government su divisions providing
services within the planning jurisdiction and trom affected
property owners and to ensure annexation d zoning designation
is in accordance with the amended Compreh nsive Plan of the City
of Meridian adopted August 6,2002, Resol ion No. 02-382, and
the Zoning and Development Ordinances c ified in Meridian City
Code Title 11 and Title 12.
NOW, THEREFORE, in consideration ofthe cov nants and conditions
. set forth herein, the parties agree as follows:
DEVELOPMENT AGREEMENT (AZ-03-038)
PAGE 2 OF 16
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in :full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as
herein provided for, unless the clear context of the presentation of the same requires
otherwise:
3.1 44CITY": 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.
3.2 "OWNERlDEVELOPER": means and refers to Tim J. and Carol
M. Mussell, husband and wife, whose address is 100 East Victory
Road, Meridian, Idaho 83642, the party owning and developing
said "Property" being developed and shall include any subsequent
owner(s)/developer(s) of the "Property".
3.3 "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 annexed and
zoned C-G attached hereto and by this reference incorporated
herein as if set forth at length.
4.
USES PERMITTED BY TIllS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under 4'City's" Zoning Ordinance codified at Meridian City
Code Section 11-7.2 (K) which are herein specified as follows:
a) Construction and development of a commercial subdivision
that includes a combination feed store and gas/convenience
station in a proposed C-G zone. All future uses on proposed lots
or parcels within the annexation area shall be approved
through the Conditional Use Permit process.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT (AZ-03~038)
PAGE 3 OF 16
S. DEVELOPMENT IN CONDITIONAL USE:
"OWNERlDEVELOPER" has submitted to "City" an application for conditional use
pennit, and shall be required to obtain the "City's" approval thereof, in accordance to the
City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a
. condition of, the commencement of construction of any buildings or improvements on the
. "Property" that require a conditional use penn it.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A "Developer" shall develop the "Property" in accordance with the
following special conditions:
B. Adopt the Recommendations of the Planning and Zoning Department as follows:
1. Prior to annexation ordinance approval, a Development Agreement
shall be entered into between the City of Meridian and the property
owner(s). The Development Agreement shall require that:
a) All future uses on proposed lots or parcels within the annexation
area shall be approved through the Conditional Use Permit
process.
b) Business hours for uses on this property shall presently have no
restriction on hours of operation. However, if in the future the
"no restriction" on hours becomes a problem or hindrance to the
surrounding area, then the City shall have the opportunity to re-
evaluate the hours of operation, and at that time possibly place
hours of restriction upon the businesses. Additionally, hours of
fuel delivery, any potential for refrigerated truck operation, and
other noise generated at the site shall comply with the Meridian
City Code Noise Ordinance. (per action of the City Council
taken at their July 6, 2004 meeting.)
2. Remove any existing domestic wells and/or septic systems within this
project from their domestic service. per City Ordinance Section 5-7-
517, when services are available from the City of Meridian. Wells
may be used for non-domestic purposes such as landscape irrigation.
3. All irrigation ditches, laterals or canals, exclusive of natural
waterways, intersecting, crossing or lying adjacent and contiguous to
the parcel shall be tiled per City Ordinance 12-4-13. Plans will need
DEVELOPMENT AGREEMENT (AZ-03-038)
PAGE 4 OF 16
to be approved by the appropriate irrigation/drainage district, or lateral
users association (ditch owners), with written approval or non-
approval submitted to the Public Works Department. If lateral users
association approval can't be obtained, plans will be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
4. Any future subdivision, uses and construction on this property shall
comply with the City of Meridian ordinances in effect at the time.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
2. Final approval of the [lIe hydrant locations shall be by the Meridian Fire
Department.
a. Fire hydrants shall have 1he 4 Y2" 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.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to
each side of the hydrant location.
e. Fire hydrants shall be placed on comers.
f. Fire hydrants shall not have any vertical obstructions to outlets within
10'.
3. All entrance and internal roads shaIi have a turning radius of28' inside
and 48' outside. (Radii modification required near the northwest corner of
the existing house and on the easternmost driveway from Victory Road).
4. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation.
5. Operational fire hydrants and temporary or pennanent street signs are required
before combustible construction begins.
6. All driveways shall have a clear driving surface, available at aU times, which
is 20' wide. (Width modification required near the southeast comer of the
proposed feed store).
7. Fire lanes and streets shall have a vertical clearance of 13 '6". This
DEVELOPMENT AGREEMENT (AZ-03-038)
PAGE 5 OF 16
includes mature landscaping.
8. Commercial and office occupancies will require a fife-flow consistent with
the Unifonn Fire Code to service the proposed project. Fire hydrants shall be
placed an average of300' apart.
9. The proposed project lies outside the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is intended
to enhance the probability of a favorable outcome on a request for Basic Life
Support. The budget constraints are typically defmed as capital outlay for
facilities that are located within 1.5 miles from a given location and sufficient
operational funds to staff the facilities.
10. The fire department requests that any future signalization installed as the
result ofthe development of this project be equipped with Opticom Sensors
to ensure a safe and efficient response by fire and emergency medical service
vehicles. This cost of this installation is to be borne by the developer.
11. Any chemical storage on the site will require compliance with IFC and MCC
11-12-3.A. This includes agricultural fertilizers and chemicals.
12. Any activity involving the use or storage offlanunable or explosive materials
shall be protected by adequate firefighting and fire-prevention equipment and
by such safety devises as are normally used in the handling of any such
material. Such hazards shall be kept removed from adjacent activities to a
distance which is compatible with the potential danger involved as specified
in the UFC, Unifonn Life Safety Code, MCC 11-12-3.C, and the National
Safety Foundation publications.
13. All new buildings must be sprinklerd ifrequired by adopted building and fire
codes.
C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
1. A Land Use Change Application shall be filed for review prior to final
platting.
2. All laterals and waste ways must be protected. The District's
Kennedy Lateral courses along the east and northern boundary of this
proposed project.
DEVELOPMENT AGREEMENT (AZ-03.038)
PAGE 6 OF 16
3. All municipal surface drainage must be retained on site. If any surface
drainage leaves the site, the District must review drainage plans,
4. The developer must comply with Idaho Code 31-3805.
D. Adopt the Recommendations of the Ada County Highway District (ACHD) per their
report, which lists site-specific requirements, conditions of approval, and street
improvements, which are required, ands which is stamped: RECENED FEB 18
2004 City of Meridian City Clerk Office.
E. The Applicant shall also comply with the conditions and requirements of the
corresponding applications for this project, which are PreliminarylFinal Plat - PFP~
03-007, and Conditional Use Permit - CUP-03-071.
, F. Adopt the action of the City Council taken at their July 6, 2004 meeting as follows:
For Clarification:
I. The hours of operation for the proposed businesses have been addressed above in
A.t.b. pursuant to action of the City Council taken at their July 6, 2004 meeting.
2. The Applicant shall be allowed to provide the pond amenity within an easement,
rather than a common lot. The easement shall be maintained by the Property
Owners' Association.
3. The Applicant shall be allowed to use as a temporary access onto SH/69 which is
located at the far northern portion ofthe proposed project (Rumple Lane), until
such area re-develops.
4. The Applicant shall submit a revised Landscape Plan to reflect the northern
bOillldary of Victory Road, and provide a legal description pertaining to the pond
area.
5. It is noted that ACHD will allow landscaping in their right-of-way but that they
may restrict the placement of trees, and a License Agreement shall be entered
into between the Applicant and ACHD.
_ 7. COMPLIANCE PERIODI 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 "OWNERlDEVELOPER'S"
DEVELOPMENT AGREEMENT (AZ.03.038)
PAGE 7 OF 16
heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing
Development" 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.
8. CONSENT TO DE.ANNEXATION AND REVERSAL OF
'ZONING DESIGNATION:
"OWNER/DEVELOPER" consent upon default to the de-annexation
and/or a reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
8.1 That the "City" provide written notice of any failure to comply
with this Agreement to "OWNERlDEVELOPER" and if the
"OWNER/DEVELOPER" fails to cure such failure within six (6)
months of such notice.
9. INSPECTION: "OWNER/DEVELOPER" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City Engineer and
request the City Engineer's inspections and written approval of such completed
, improvements or portion thereof in accordance with the terms and conditions of this
Development Agreement and all other ordinances of the "City" that apply to said
Development.
10.
DEFAULT:
10.1 In the event "OWNERlDEVELOPER", and/or
"OWNERlDEVELOPER'S" heirs, successors, assigns, or
subsequent owners of the "Property" or any other person acquiring
an interest in the "Property", fail to faithfully comply with all of
the terms and conditions included in this Agreement in connection
with the "Property", this Agreement may be modified or
terminated by the "City" upon compliance with the requirements
of the Zoning Ordinance.
10.2 A waiver by "City" of any default by "OWNER/DEVELOPER" of
anyone or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any
DEVEWPMENT AGREEMENT (AZ-03-038)
PAGE 8 OF 16
other rights or remedies of "City" or apply to any subsequent
breach of any such or other covenants and conditions.
11. REQillREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"OWNER'S/DEVELOPER'S" cost, and submit proof of such recording to
"OWNER/DEVELOPER", prior to the third reading of the Meridian Zoning Ordinance
in connection with the annexation and zoning of the "Property" by the City Council. If
for any reason after such recordation, the City Council fails to adopt the ordinance in
connection with the annexation and zoning of the "Property" contemplated hereby, the
"City" shall execute and record an appropriate instnlment of release of this Agreement.
12. ZONING: "City" shall, following recordation ofthe duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "OWNERlDEVELOPER", 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.
13.1 In the event of a material breach of this Agreement, 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 noti-breaching party's seeking of any remedy provided
for herein; provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty (30) day
period, if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall prosecute the
curing of same with diligence and continuity, then the time
allowed to cure such failure may be extended for such period as
may be necessary to complete the curing of the same with
diligence and continuity.
13.2 In the event the performance of any covenant to be performed
hereunder by either "OWNERfDEVELOPER" or "City" is delayed
for causes which are beyond the reasonable control ofthe party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount oftime
of such delay.
DEVELOPMENT AGREEMENT (AZ--03-038)
PAGE 9 OF 16
14. SURETY OF PERFORMANCE: The "City" may also require surety
. bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds~ as
allowed under Meridian City Code ~12-5-3, to insure that installation of the
. improvements, which the "OWNERlDEVELOPER" agrees to provide, if required by the
"City".
15. CERTIFICATE OF OCCUPANCY: The "OWNER/DEVELOPER"
agrees that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" and "OWNERlDEVELOPER" have entered into an
addendum agreement stating when the improvements will be completed in a phased
developed; and in any event, no Certificates of Occupancy shall be issued in any phase in
. which the improvements have not been installed, completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That
"OWNERlDEVELOPER" agrees to abide by all ordinances of the City of Meridian and
the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
. Conclusions of Law, this Development Agreement, and the Ordinances of the City of
. Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mai1~ registered or certified mail, postage prepaid,
return receipt requested, addressed as follows:
CITY:
OWNERlDEVELOPER:
c/o City Engineer.
City of Meridian
33 E. Idaho Ave.
Meridian,ID 83642
Tim J. and Carol M. Mussell
100 East Victory Road
Meridian, Idaho 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
DEVELOPMENT AGREEMENT (AZ-03-038)
PAGE 10 OF 16
17.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof. in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable attorney's
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the parties' respective heirs, successors, assigns and
personal representatives, including "City's" corporate authorities and their successors in
office. This Agreement shall be binding on the "OWNER/DEVELOPER" 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 benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written request of
"OWNERlDEVELOPER", to execute appropriate and recordable evidence of termination
. of this Agreement if "City", in its sole and reasonable discretion, had determined that
"OWNERlDEVELOPER" has fully performed its obligations under this Agreement.
. 21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
. from this Agreement and the invalidity thereof shall not affect any of the other provisions
. contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between
"OWNER/DEVELOPER" and "City" relative to the subject matter hereof, and there are
no promises, agreements, conditions or understanding, either oral or written, express or
impliedt between "OWNER/DEVELOPER" and "City", other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or
DEVELOPMENT AGREEMENT (AZ-03-038)
PAGE 11 OF 16
addition to this Agreement shall be binding upon the parties hereto unless reduced to
writing and signed by them or their successors in interest or their assigns, and pursuant,
with respect to "City", to a duly adopted ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions governing development
of the subject "Property" herein provided for can be modified or amended
without the approval of the City Council after the ."City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-03-038)
PAGE 12 OF 16
ACKNOWLEDGMENTS
IN WITNESS WHEREOF t the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNERlDEVELOPER:
BY:~
Tim 1. u ell
BY: Cav.uw ~
Carol M. Mussell
CITY OF MERIDIAN
Attest:
~~~~
I1pp~veL., ~ ~~o..L -//-23-0'/-
DEVELOPMENT AGREEMENT (AZ-03-038)
PAGE 13 OF 16
''1~ tl , b~
On this day of 1'-J 0 V~ , in the year
2004, before me, a Notary Public, personally appeared Tim J. Mussell and Carol M. Mussell,
husband and wife, known or identified to me to be the persons who executed the instrument
and acknowledged to me that they having executed the same.
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On this ;J..3rJ. day of No 1/ 4..-,",,. , in the year 2004,
before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg,
know or identified to me to be the Mayor and Clerk, respectively, of the City of
Meridian, who executed the instrument or the person that executed the instrument of
behalf of said City, and acknowledged to me that such City executed the same.
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STATE OF IDAHO )
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COUNTY OF ADA )
(SEAL)
STATE OF IDAHO )
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County of Ada )
(SEAL)
DJ;tt~ .
Notary Public for Idaho
Commission expires: 5/'1 /'2.010
Residing at: ~"Co~
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ota Public for Idaho
Co . . ission expires: ~11,;lO/O"
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Z:I Work\M\MeridianlMeridian lS360M\Mussell Corner Sub AZ-03-Q38 PFP.03-007 CUP-03-071 IDevelopAgr.doc
Legal Descriotion Of Prooertv
EXlDBIT A
DEVELOPMENT AGREEMENT (AZ-03-038)
PAGE 14 OF 16
MUSSELL CORNER SUBDIVISION
A parcel of land for the purpose of annexation. as shown on Record of Survey
3523 and recorded as Instrument Number 96033828, located in a portion ofthe
SW ~ of the 8W y.. of Section 19, Township 3 North, Range 1 East, Boise
Meridian, Ada County. Idaho and more described as follows:
Commencing at an aluminum cap monument marking the NW comer of said SW
~. thence along the West line of said SW y.. 800055'37" W a distance of 1330.53
feet to a 5/8 inch rebar marking the NW comer of said SW y.. of the SW y., and
being the POINT OF BEGINNING.
Thence leaving said West line S89059'45" E a distance of232.00 feet to a 5/8
inch rebar;
Thence along the arc of a curve to the left having a radius of 655.00 feet, an arc
length of 438.43 feet, a central angle of38021 '02", and a chord bearing
831017' 57" E a distance of 430.29 feet to a 5/8 inch rebar;
Thence 850028'28" E a distance of 558.77 feet to a 5/8 inch rebar;
Thence 853005'22" E a distance of285.31 feet to a 5/8 inch rebar on the East line
of said SW y., of the SW Y4;
Thence along said East line 800046' 12" Wa distance of 435.3] feet to a 5/8 inch
rebar marking the SE comer of said SW Y4 of the SW Y4;
Thence leaving said East line and along the South line of said SW y., of the SW y..
889059'08" W a distance of 1130.34 feet to an aluminum cap monument marking
the SW comer of said SW Y4 of the SW V<i;
Thence leaving said South line and along said West line NOOoS5'37" E a distance
of 1330.37 feet to the POINT OF BEGINNING.
Said parcel contains 23.52 acres more or less and is subject to all existing
easements and rights-of-ways of record or implied.
DEVELOPMENf AGREEMENT (AZ.03.038)
PAGE 15 OF 16.
EXHIBIT B
Findint!S of Fact and Conclusions of Law/Conditions of Approval
DEVEWPMENT AGREEMENT (AZ-03-038)
PAGE 16 OF 16
BEFORE THE MERIDIAN CITY COUNCIL
C/C 05/11104
CfC 05125/04
C/C 06/08/04
C/C 07/06/04
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION )
AND ZONING OF 21.38 ACRES )
FROM C..2 TO C-G ZONE FOR )
PROPOSED MUSSELL CORNER )
SUBDIVISION, LOCATED ON THE )
NORTHEAST CORNER OF troNA- )
MERIDIAN ROAD (8H-69) AND )
VICTORY ROAD, WITHIN )
SECTION 19, TOWNSHIP 3 )
NORTH, RANGE 1 EAST, )
MERIDIAN, IDAHO
Case No. AZ-03-038
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPL1CATION FOR
ANNEXATION AND ZONING
PINNACLE ENGINEERS, INC.,
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on May 11, 2004, and continued until May 2S, 2004, June 8, 2004, and July 6, 2004, a.t the hour
of7:00 p.m., Imd Brad Hawkins-Clark and Steve Siddoway for the Planning and Zoning
Department, Dave McKinnon, Jose Veneziano, and Steven H. Laney, appeared and testified, and
the City Council having duly considered the evidence and the 1'eQOrd in this matter therefore
m~e.s the following Findings of Fact and Conclusions of Law, and Decision and Order.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTlNG APPUCATION
FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDMSION
(AZ-03-038)
PAGE I OF 21
BINDINGS OF FACT
1. There has been cxnnpliance with all notice and hearing requirements set forth in
Idaho Code n 67-6509 and 67-6511, and Meridian City Code n 11-15-5 and 11 w 16-1.
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all cwrent zoning maps thereof,
and the Amended Comprehensive Plan of the City ofMeriwan adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the hnpact Area Boundary.
3. The property wbich is the subject of the application for annexa.tion and
zoning is described in the application, is approximately 21.38 acres in size and is located on the
northeast oorner DfKuna-Meridian Road (SH 69) and Victory Road. within Section 19,
Township 3 North, Range 1 East, Meridian, Idaho, all within the Area of Impact of the City of
Meridian and the Meridian Urban Service Planning Area as defined in the Meridian
Comprehensive Plan.
4. The owner of record oftbe subject property is Tim and Carol Mussell, and Tim
Mussell has provided notarized consent for Pinnacle Enginem, Inc., to submit the subject
application. Applicant is PiImacle Engineers, Inc..
S. The property is presently zoned C-2 (Ada County) and contains IIJl existing
landscape business, sing1e.-family residence, coffee kiosk, sprlnkIer/inigation business and other
outbuildings.
6. The Applicant requests the property be zoned as C-G (General Retail and Service
Commercial).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND' DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONlNG MUSSELL CORNER SUBDIVISION
(Az..03.038)
PAGE20F21
7. The subject properly is bordered to the north by RUT, to, the south by RUT, to the
east by R4, and to the west by RUT.
8. The Applicant proposes to develop the subject property in the following manner:
A commercial subdivision that includes a combination feed store and ga~convenience station.
9. '!he Applicant requests zoning of the subject real property as C-G, whic;:h is
consistent with the Meridian Comprehensive PIWl Generalized Land Use Map, which designates
the subject property as Commercial.
10. There are 110 significant or scenic features of major importance that affect the
consideration of this application.
II. The City Council recognizes the concerns of Cloyd and Bonnie Nelson in ~eir
letter dated February 23. 2004, and in letters from Ada County Development Services dated
February 4, 2004 and April 7,2004. AlI8J'e hereby entered into public n;lCQrd and are on file in
the Meridian City Clerk's office, 33 East Idaho, Meridian, Idaho.
12. Giving due consideration to the comments received from the
govemmental subdivisions providing services in the City of Meridian planning jurisdiction,
public fBcilitics and smvices required by the proposed development will not impose expense
upon the public if the following conditionS of development are imposed:
A. Adopt the Reoommendatio11B of the Plamring and Zoning Department as follows:
1. Prior to annexation ordinance approval, a Development Agreement shall be
mtered into between the City of Meridian and the property owner{s). The
Development Agreement shall require that:
8) All future \lies on proposed lots or pan:ds within the annexation area
shall be approved through the Conditional Use Permit process.
FINDINGS OF FACT AND CONCWSIONS OF LAW
ANtl DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION
(Az..o3-o38)
PAGE3 OF 21
b) Business hom for uses on this property shall presently have no
restriction on houts of operation. However, if in the future the "no
restriction" on. hours bel;omes a problem or hindrance to the surrounding
area, then the City shall have the opportUnity to re-evaluate the hours of
operation, and at that time posaibly place bours of restriction upon the
businesses. Additionally, ho\lt5 offuel delivery, any potential for
refrigerated truck operation, and other noise generated at the site shall
comply with the Meridian City Code Noise Ordinance. (per action of the
City Council taken at their July 6, 2004 meeting.)
2. Remove any existing dOmestic; wells and/or septic systems within this project
from their domestic service, per City Ordinance Section 5-7-5171 when
services are available from the City of Meridian. Wells may be used for non-
domestic purposes aucb. as landscape irrigation.
3. All irrigatiOQ ditches, laterals or canals, exclusive of natural waterways,
intecsecting, crossing or lying adjacent and contiguous to the parcel shall be
tiled per City Ordinance 124-13. Plans will need to be approved by the
appropriate inigationldrainage district, or lateral users association (ditch
owners), with written approval or non..approval submitted to the Public Works
Department. Iflaten1 users association approval can't be obtained, plans will
be reviewed and approved by the Meridian City Engineer prior to final plat
signature.
4. Any future subdiviBiOllt uses and construction on this property shall comply
with the City ofMeridisn ordinances in effect at the time.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
2. Final approval of the tire hydrant locations shall be by the Meridian Fire
Department.
L Fire hydrants shall have the 4 W' outlet face tbemain s1reet or parking lot
ai151e.
b. The fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of
the hydrant location.
Co Fire hydrants shall be placed on comers.
Y. Fire hydrants shall not have ILUY vertical obltrnctions to outlets within 10'.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FO~ ANNEXATION AND ZONING MUSSELL CORNER SUBDMSION
(AZ-03-038)
PAGE4 OF 21
3. All entrance and intemalroads shall have a turning radius of28' inside and 48.
outside. (Radii modification required near the northwest comer of the existing
house and 00 the eastennnoBt driveway from Victory Road).
4. Inaure that all yet undeveloped parcels aremaiutained free of combustible vegetation.
5. Operational fire hydrants and temporary or permanent s1reet signS are required before
combustible construction begins.
6. 'All driveways shall have a clear driving surface, available at all times, which is
20' wide. (Width modification required near the southeast comer of the proposed
feod store).
7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes
mature landsoaping.
8. Commerdal and office occupancies will require a fue-flow consistent with the
Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an
average of 300' apart.
9. The proposed project lies oUSSide the five-minute response zone goal. Achievement
of this goal is subject to budgetary tonl!l1raints and is intended to enhance the
probability of a favorable outcome on & request for Basic Life Support. The budget
cons1raints are typically defined as capital outlay for facilitic5 that are located within
1.5 miles from a given location and sufficical: operatiollBl funds to staff the facilities.
10. The fire department requests that any future signalization installed as the result of the
development ofthili project be equipped with Opticom Sensors to ensure a safe and
efficient response by fire and emergencymedicB1 service vehicles. This cost of this
installation is to be borne by the developer.
11. Any chemical storage on the site will require compliance with IFe and MCC 11-12.
3.A. This includes agricultural fertilizers and chemicals.
12. Any activity involving tb.euse or storageofflAlTllrruthle or explosive materials shall be
protected by adequate firefighting and fire..prevention equipment and by such safety
devises as are IlOItIUlllyused in the handling ofany such material. Such hazards shall
be kept removed from adjacent activities to a distance which is compatible with the
potential danger involved as specified in the UFC. Unifonn Life Safety Code, MCC
11~12-3.C, and the National Safety Foundation publications.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER. oaANTlNO APPUCATION
FOR ANNEXATION AND WNINO MUSSELL CORNER SUBDIVISION
(AZ-03-038)
PAGE S OF 21
13. All buildings must be sprinkIered.
c. Adopt the Recommau:lationa of the Nampa & Meridian Irrigation District as follows:
1. A Land Use Ch&Dge Application shall be filed for review prior to final
platting.
2. All laterals and waste ways must be protected. The District's Kennedy
Lateral courses along the east and northern boundary of this proposed project.
3. All muni<:ipsl surfiwe drainage must be retained on site, If any surface
drainage leaves the site, the District must review draiitage plans.
4. The developer must comply with Idaho Code 31-3805.
D. Adopt the Recommendations of the Ada County Highway District (ACHD) per their report,
which lists site-specific requirements, conditions of approval, and street improvements,
which are required, auds which is stamped; RECEIVED PES 182004 City of Meridian City
Clerk Office.
E. The Applicant shall also comply with the conditions and requirements of the corresponding
applications for this project, whieharePreliminsrylFinalPlat-PFP-03-007, and Conditional
Use Permit - CUP-03.o71.
F.. Adopt the action of the City Council taken at their July 6, 2004 meeting as follows:
Por Clarification:
1. The hours of operation for the proposed businesses have been addreS8ed above in A.I ,b.
pursuant to action ofthc City Council taken at their 1uly 6,2004 meeting.
2. The Applicant shall be allowed to provide the pond amenity witbin an easement, rather
than a common lot. The easement shall be maintained by the Property Owners'
Association.
3. The Applicant shall be allowed to use as a temporary access onto 811I69 which is located
at the far northem portion of the proposed project (Rumple Lane), until such area re-
develops. '
4. The Applicant shall submit 8 revised Landscape Plan to reflect the northern boundary of
Victory Road, and provide a legal description pertaining to the pond area.
S. It iEl noted that ACHD will allow landscaping in their right-of-way but that they may
restrict the placement of trees, and a License Agremnent shall be entered into between the
FINDINGS OF FACf AND CONCLUSIONS OF LAW
AND DEcrsroN AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONlNG MUSSELL CORNER SUBDIVISION
(AZ-03.038)
PAGE6 OF 21
Applicant and ACHD.
13. Ada County Development Services submitted three letters to the City outlining the
history of the various code infractions on this site. The most recent letter, dated July 1, 2004,
indicated that if the City approved the annexation and subdivision of the property, then the illegal
split will be cleaned up. The other outstanding county violation Doted by Ada County Development
Services involves the lack of screoWng for the outdoor storage areas ~8sociated with the sprinkler
business. The County will defer pursuing compliance of these issues as loog as the Planning and
Zoning staft'forward all the proposed Findings ofFaet and Development Agreement to the County
for, their review and comment.
14. The 2002 Comprehensive Plan Future Land Use Map designates the subjec~ property
as "Commercial". In Chapter vn of the Comprehensive Plan, "Commercial" areas are anticipated to
provide a full range of commercial and retEi.il to serve area resident! and visitors. Uses may include
retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses
such as government offices. It is found that the requested c.G zoning generally conforms to this
stated p1.Irpose and intent of the Commercial designation.
The following Goals, Objectives, and Action items. contained in the 2002
Comprehensive Plan are applicable to this application:
. Chapter VII, Goal IV, Objective D, Action item 2
. Chapter VII, Goal IV, Objective D, Action item 4
. Chapter IV, Goal!, Objective A, Action item (;
. Chapter VD, Goal I, Objective B, ARion item 5
. Cbapter vn, Goal 1, Objective B
. Chapter V, Goal m, Objective D, Action item 5
. Chapter VI, Figure VI
. Chapter VI, Goal II, Objective A, Action item 3
FINDINGS OF FAc:f AND CONCLUSIONS OF LAW
AND DECISION AND OIUJER. GRANTING APPliCATION
FOR ANNEXATION AND ZONING MUSSELL CORNER. SUBDMSION
(AZ-03..o38)
PAGE 7 OF 21
14. It is not anticipated tbat the applicant intends to rezone the subject property in the
future.
15. Nurseries are a permitted use in the proposed C..O ZOIle. Service stations are also a
pennitted use in the proposed C..Q zone. Convenience stores require conditional usepcrmit approval
in the C-G zone. Residential uses are prohibited in the C..Q ZQJ1e. Irrigation/sprinkler businesses are
not a listed use in the Zoni.na Schedule of Use Control (MCC 11-8-1). The existing
irrigation/sprinkler business that is to remain does have outdoor stoI'll8C, office space, and has
functions similar to a contractor yard. Because the iIrigation/spriDk1er business is not specifically
listed as a pennitted use in the CO zone, it bas been determined that conditional use permit approval
would be required (MCC 11..&.4).
The purpose of the vO Distrid is to provide for commercial uses, wbich are customarily
operated entirely or almost entirely within a building (MCC II.. 7..2.K).lt is found that the proposed
gas/convenience/feed store, the existing home, and the existing irriSatioolsprinkler business that is to
remainJ are not principally permitted uses in the C-O zone. The gaslconvenience/feed store and the
eJ\.isting irrigation/sprinkler business would reqUire separate conditional use approval. The existing
home that is to remain is not eligiole for permitting and does not amfoan to the proposed zoning
(IWn..conforming use). However, the Applicant i5 requestiD,g that the home be approved with the
PO/CUP as a use.cxception (MCC 12..fi..3).
16. Observation Point Subdivision and Bear Creek Subdivision have recently been
annexed and developed with reaidentialland uses in this area. There are not any developments in the
area that have yet developed in a fuhion similar to the proposed rezone area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING MUSSElL CORNER SUBDMSION
(Az..03-038)
PAGE 8 OF 21
Kuna-Meridian Road was recently widened in this area by ITD. Victory Road is not
scheduled by ACHD for any improvements in the cunent Fivo Year Work Program or CIP. The
intersection ofVictOJY RoadlKuna~Meridian Road is ranked #2 on the highway district's
prioritization list and is anticipated to be a signalized intersection in the neaf future.
17. It is found that the proposed C-G zone/new uses, and any future uses, if designed,
wD.StNCted and operated in accmdancc with adopted city ordinances, should be harmonious and
appropriate in appearance with the intended character of the vicinity. The site is . intended to be
utilized for commercial uses which, based on the Comprehensive Plan description, will have 8\lch
uses as retail, wholesale. service and office uses. multi-family residential, alii well as appropriate
public uses such as government offices.
18. Appropriate buffers should be required on the north and east boundaries of this
development when Lots 1 and 4 redevelop, as the abutting uses (single-family) will be less-intense
than uses allowed in the C~O zone (see MCC 12.13-12-4).
19. It is found that the recent roadway improvements to Kuna-Meridian Road (SH 69)
should be adequate to serve this project for the short tenn. However, ITD has indicated that 8H 69 is
not constructed to its ultimate section and will need to be widened again in the future. ITD needs
additional right-Df.way and/or a ftontage road adjacent toItbrougb. this property (see letter from ITD).
Improvements to Victory Road in this area have not taken place in the recent past, and except for the
anticipated sipalization at SH 69, none are anticipated within the neJ:t 20 years (not in ACHD's
Five-- Year Work Program). At full build out, it is believed that this site will add Ii significant amount
oftraffio to the roadway system (see ACHD staff report for further details). This site has over 1,000
FINDlNGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCAITON
FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDMSION
(AZ-03~03g)
PAGE9 OF21
feet offrontage on Victory Road. ACHD is requiring the Applicant to install roadway improvements
(pavement widening, sidewalk. bike lane, curb, gutter, etc.) 01'1 VictOry Road. The ACHD is
reconu:nend.in& with site-specific and standards conditions, Elpproval of the. subject development.
The subject site can be serviced by the City ofMeridian's sanitarY sewer and water
systems. Water mains would have to be extended in E. Victol)' Road from the Observation Point
Subdivision. A temporary sanitary sewer lift station would need to be .installed near the northwest
comer of the development, and a pressure main would need to be extended approximately l,40O-feet
north on N. KJma-Meridian Road to the existing sewer at tho Elk Run Subdivision.
On January 23,2004, ajoint agency/department comments meeting was held with
representatives of key service providers to this property. The Meridian Fire Departtnent has concerns
with serviceability of this 8it~ as it is currently outside of their five-minute response Z"one. Because
the Fire Department does not know when a new station will be QOIl8tructed in this area, south of the
freeway, all buildings within this development must be sprink1ered.
The Appliamt should coordinate the location and design of refuse container(s} with
Sanitary Services Company (SSe). Trash enclosures must be built in the location and to the size
approved by sse. All dumpster(s) must be screened in acoord.ance with MCC 11-12-1.C.
It is found that the property proposed for a.noexation can be serviced by essential
public facilities and services.
20. The developer will financing the extcosion of sewer, water, loca1/intemal street
infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve
the future site will be fire and police services. It is found that this development will not cause
FINDIN'GS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTlNO APPLICATION
FOR ANNEXATION AND ZONlNO MUSSELL CORNER SUBDIVISION
(AZ-03-G38)
PAGE 10 OF 21
excessive additional requirements at public cost, if the applicant complies with the conditions of
approval for the annexationlzoaina, conditional use penDitIPD permit and preliminary plat
applications.
21. It is found that the gas station/convenience/feed store uses may involve activities,
proCesses. materials, equipment or conditions that will produce traffic, noise, fumes and/or odors.
It is not believed that the amount oftraftic, noi~ fumes and/or odors will be detrimental to the
public. MCC 11-12-2 and 11-12--3 are intended to mitigate impacts of special uses such as fire
hazards, bulk storage, noises. Conditions associated with a CUP and/or Development Agreement
oould establish use parameters that would prevent detrimental effects. In order to establish some
guidelines to mitigate the detrimentll aspects of the proposed use, the existing uses, and all
fUture uses on-site, the hours of operation, hours of fuel delivery, any potential for refrigerated
tn.lck operation, and anticipated deabellevels generated at the site shall be as follows, and are as
addressed and &Qted upon at the City Council meeting held OB Jwy 6, 2004: Business hours for
uses on 1bis property shall presently have no restriction em. hoUlS of operation. However, if in the
future the "no restriction" on hours becomes a problem or hindrance to the surrounding area, then
the City shall have the opportunity to te-evaluate the hours of operation, ,and at that time possibly
place hours of restriction upon the bus~ses. Additionally, hours of fuel delivery, any potential
for refrigerated trUck operation, and the anticipated decibel levels aenerated at the site shall
complywitbin thB guidelines of noise in the Meridian City Code.
22. ACHD estimates this site will generate 1,632 additional vehicle trips per day (74
existing). Chapter VD of the Comprehensive Plan stal15 that the City should "Restrict curb cuts
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER ORANTlNG APPUCATION
FOR ANNEXATION AND WNlNG MUSSELL CORNER SUBDMSION
(AZ-03-038)
PAGE 11 OF 21
ACHD has evaluated access to this site from Victory Road, while ITD has jurisdiction
over access to Kuoa-Meridian Road (SH 69). ACHD has approved two access pomt& to Victory
Road. Review of the ACHD report for this project will provide additional information.
ITD bas submitted a letter to the City stating that their policy for access to a Type IV
Principal Arterial (8H 69) will be at intersections only, and spaced at one-halfmile intervals in urban
areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis
(see letter from ITO). lW's polley on approaches lessens the ability of driveways to create
interference on the roadways. The driveways proposed to SH 69 fortbis site do not canfonn to rrn'8
policy listed above for approaches on a Twe IV roadway. Currently 8H 69'has a posted speed limit
of S5 MPH. Vehicles leaving this site from the proposed access points will be attempting to merge
with, or cross, traffic that is going extremely fast. It is found that if the approaches to the site are
constructed 88 proposed, they will cause interference with the traffic flow on SH 69.
23. There are no natural or scenic feature(s) that would be lost, damaged or destroyed by
allowing this site to be annexed, zoned and, developed with comm.ercial uses. Any existing trees
, lmger than 4" caliper that are removed shall be mitigated for. per the Landscape Ordinance.
24. It is found that essential services are available or will be provided by the
developer 10 the subject property and wUl not require unreasonable expenditure of public funds.
The applicant is proposing to develop the land in substantial compliance with the City's
FnIDINGS OF FACT AND CONCWSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONJNG MUSSELL CORNER SUBDMSION
(AZ-03-03&)
PAGE 12 OF 21
comprehensive plan (Commercial). It is found that annexation and zoning of 1his property would
be in the best interest of the City.
25. It is found that if the chweloper pays for the requested improvements and complies
with the conditions set forth in these Findinp of Fact No. 12, and all sub-parts. the economic welfare
of the City and its residents and tax and rate payei's will be protected, a condition of annexation and
zoning designation.
26. It is also found that the development coIl!liderations as referenced in Finding No.
12 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity. in
order to assure 'that the proposed use will not change the essential ch&a.cter of the affected
svicinity and will insure that the proposed uses will not be hazardoDs or disturbing to the
existing, or future neighboring uses" particularly considering the impact of proposed development
on potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
1. The City of Meridian hall authority to annex :real property'upon written reque~t f()lf
annexation and the real property being contiguous or adja'*Lt to city bovndarie13 and that said
proPerty lies within the area of city impact as provided by Idaho Code Section 50~222. The
Meridian City Code ~ 11-16 provides the City may annex real property that is within the
Meridian Urban Service PIAnnl1'\S Area as set forth in the City's Comprehensive Plan.
2. The Council may tate judicial notice of govmnment ordinances, and policies, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
ANn DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING MUSSElL CORNER SUBDMSION '
(Az..o3-038)
PAGEl30F21
of actual conditions existing within the City and State.
3. The CityofMeridial1 has exercised its authority and responsibility as provided by
"Local Land Use PIann.i.ns Act of 1975~t, codified at Chapter6S, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02.382.
4. The project follows the pertinent provisions of the City of Meridian Comprehensive
Plan that are applicable to this Application.
S. The zoning of(C..Q) General Retail and Service Commercial is defmed in the Zoning
Ordinance at i 11-7-2]( as follows:
fe-G) General RetaB And Service Commercial D1st.a1ct: The PUlpose of the C.QDi&trict
is to provide for commercial uses which are customarily operated 'entirely or almost entirely
within a building; to provide fur 8 review of the impact of proposed commercial uses which
are auto and servi~e oriented. awl are located in close proximity to major highway or arterial
streets; to fulfill the need of travel-related services as well as retail sales for the transient and
permanent motoring public. All such districts shall be amnected to the Municipal water and
sewer systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
6. Since the annexation and zoning of land is IL legislative function, the City has
authority to place conditions upon the annexation ofland. See Bmt VB. The City ofIdaho Falls. 105
Idaho 65, 665 P2d 1075 (1983).
7. The development of the annexed land, if aonexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12.2.4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5.2 N, which pertains 10 pressuri:zed irrigation systems, and Zonittg and
Subdivision and Development Ordinance of the City of Meridian.
FINDINGS OF FACT AND CONCWSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION
(AZ.o3.Q38)
PAGE 14 OF 21
8. Pursuant to Section 11..16-4 A oftheZoDing and Development Ordinance the owner
and/or developer shall enter into a Development Agreement
DECISION AND ORDER
NOW, THEREFORE,. BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the CityCowaciI does hereby Order aod this does
Order:
I. The applicant's request for annexation and zoning of approximately 21.38 acres to
General Retail and Service Commercial (C-G) is granted subject to th~ terms and conditions ofthis
Order hereinafter stated.
2. The application is for annexation and zoning of21.38 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City limits per Ordinance No. 686.
3. Developer shall be required to meet the CO:aditiODS set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the followiug conditions of development, to-wit:
A. Adopt the Recommendations of the Planning and Zanins Department as follows:
1. Prior 10 annexation ordinance approval, a Development Agreement shall be
entered into between the City of Meridian and the property owner(s). The
Development Agreement shall require that:
a) All future uses on proposed lots 01' pareels within the annexation area
shall be approved through the Conditioual Use Permit process.
b) Business hours for mea on this property shall presently have no
restriction on hours of operation. However, if in tbe t\lture the "'no
FINDINGS OF FAcr AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATJON
FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDMSION
(AZ-03-G38)
PAGE 15 OF 21
restriction" on hours becomes a problem. or hindrance to the sutrounding
~ then the City shall have the opportunity to re-evaluate the hours of
opera1ion. and at that time possibly place hours of restriction upon the
businesses. Additionally, hours offuel delivery, any potential for
refrigerated truck operation~ and other Doise generated at the site shall
comply with the Meridian City Code Noise Ordinance. (Per action of the
City Council ta1cen at their July 6, 2004 meeting.)
2. Remove any existing domestic wells and/or septic systems within this project
from their domestic service, per CityOrdJnance Section 5-7-517, when services
are available from the City of Meridian. Wells may be used for non-domestic
pmposes such B8 landscape irrigation.
3. All inigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, m>ssing or lying adjacent and contiguous to the parcel shall be tiled
per City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department If lateral
users association approval can't be obtained, plans will be reviewed and approved
by the Meridian City Engineer prior to tinaI plat signature.
4. Any future subdivision, uses and Qons1ruction on this property shall comply with
the City of Meridian ordinances in effect at the time.
B. Adopt the Recommendations of the Meridian Fire Department lIS follows:
I. Acceptance of the water supply for tire protectiOll will be by the Meridian Water
Department.
2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire hydrants shall have the 4 112" 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.
c. Fire hydrant markers shall be provided pel' Public Works spec.
d. Locations with fire hydrants shill have the curb painted red 10' 10 each
side of the hydrant location.
e. Fire hydrants aha11 be placed on OOmerB.
f. Fire hydImts shall DOt have any vertical obstructions to outlets within 10'.
3. All enlrance and internal roads shall have a turning radius of28' inside and 48'
outside. (Radii modification required near the northwest comer of the existing house
and on the eastemmost driveway from Victory Road). .
FINDINGS OF FACf AND CONCWSlONS OF LAW
AND DECISION AND ORDER GRAN'J'n.JG APPLICATION
FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION
(AZ-03-038)
PAGE 16 OF 21
4. Insure that all yet 1JD.developed parcels are mainf91ned free of combustible vegetation.
S. Operational fire hydrants and temporary or permanent street signs are requited before
combustible construction begins.
6. All driveways shall have a clear driving swface, available at all times, which is 20'
wide. (Width modificatiOI18 required near the southeast COmer of the proposed feed
store).
7. Fire 1anes and streeta shall have a vertical <:learance of 13 '6". This includes mature
landscaping.
8. Commercial and oiDce oaaapancies wUl requiro a fire flow comistent with the
Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an
average of3oo' apart
9. The proposed project lies outside the five-minute response zone goal. Achievement of
this goal is subject to budgetary constraints and is intended to enhance the probability of
a favorable outcome on a request for Basic Life Support. The budget constraints are
typically defined as capital outlay for facilities that are located within 1.5 miles from a
given loam on and sufficient operational funds to staff the facilities.
10. The fire departuumt requests that any futuIe signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and
efficient response by fire and emergency medical servioe vehicles. This cost of this
installation ill to be borne by the developer.
11. Any chemical storage OD the site will require compliance with IFe and MCC 11-12-3.A.
This includes agricultural fertilizers and chemicals.
12. Any Kltivity involviD,g the use or storage of :f1am.msble or explosive materials shall be
protected by adequate firefi.ghting and fire-prevention equipment and by such safety
devises as are normally used in the handling of any .ud1 material. Such hazards shall be
kept removed from adjacent activities to a distance which is compatible with the
potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC 11-
l2-3.e, and the National Safety Foundation publications.
13. All buildings must be sprinklered.
c. Adopt the Recommendadoml of the Nampa & Meridian Irrigation District as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING MUSSELL CORNER. SUBDIVISION
(AZ-03-038)
PAGE 17 OF 21
1. A Land Use Change Application shall be Bled fur review prior to final platting.
2. All laterals and wute ways must be protected. The District's Kennedy Lateral
courses along the east and northern boundary of this proposed project.
3. All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the District must review drainage plans.
4. The develop<< must comply with Idaho Code 31-3 80S.
D. Adopt the Recommendations of the Ada County Highway District CACHO) per their report,
which lists site-specific requirements, conditions of approval, and street improvements,
which are required, ands which is stamped: RECENED FEB 18 2004 City of Meridian City
Clerk Office.
E. The Applicant shall also comply with the conditions and requirements of the corresponding
applicaUoos for this project, which are PreliminarylPinal Plat - PFP-Q3 -007, and Conditional
Use Permit - CUP-03-071.
F. Adopt the action of the City Council taken at their July 6, 2004 meeting as follows:
For Clarification:
1. The bours of operation for the proposed businesses have been addressed above in
A.I.b. pursuant to action of the City COWlcil taken at their July 6, 2004 meeting.
2. The Applicant shall be allowed to provide the pond amenity within an easement,
rather than a QOID1DOll lot. The easement shzill be maintained by the Property
OWners' Association.
3. The Applicant shall be allowed to use as a tanpoiary aooess onto SH/69 which is
located at the farnorthem portion of the proposed project (Rumple Lane), until such
area re-develops.
4. The Applicant sball submit a revised LandscapePlm to reflect the northern boundaIy
of Victory Roadt and provide a legal description pertaining to the: pond area.
5. It is noted that ACHD will allow landscaping in their right-of-way but that they may
restrict the placement of trees, and a License Agreement shall be entered into
between the Applioant and ACHD.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION
(AZ~03"()38)
PAGE 18 OF 21
4. The City"Attorney shall prepare for consideration by the City Cooncil the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (C-Q) General Retail and Service Commercial District, and Meridian City Code ~ 11-
7.2.
S. Subsequent to the passaae of tile Ordinance provided form section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code ~ ] 1-21-1 in accordance
with the provisions of the annemtion aDd zoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to 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 final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
PJeue tQke BOtieo 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 this decision may. within twenty.eight (28) days after
the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDERGRANTINO APPUCATION
FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDMSION
(AZ-03-Q38)
PAGE 19 OF21
By action of the City Council at its regular meeting held on the d() th day of
J\}~
ROLL CALL
. 2004.
COUNCILMAN SHAUN WARDLE
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KErTH BIRD
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED:~ 2012004-
MOTION:
APPROVED: f.. DISAPPROVED:
Attest:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER. GRANTING APPLICATION
FOR ANNEXATION AND ZONlNO MUSSELL CORNER SUBDMSION
(AZ'{)3~038)
PAGE 20 OF 21
VOTED~
vorED~
VOTED~nJ
VOTED~
VOTED
Copy served upon Applicant, the Planoing and Zoning Department. Public Works Department and
th~ City Attorney.
BY:.Juu..-^' ~ 0 NI., 1
City Clerk's Office
Dated: ~ -2u.lY\
Z:\WotklMlMaid.iIIll.\Mcridilll1536OUMlIRd ConaerSabJ.Z.4l3.o38 PFM3-007 ctJP.03.cnI\AZFfCI&O..doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER. GRANTING APPLICATION
FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION
(AZ-03-Q38)
PAGE 21 OF 21