Walgreen's RZ 05-008
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ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 .$"
BOISE IDAHO 12/15/05 r"""' PM "0
DEPUTY Vicki Allen '--) III 1111111I11111111111111I11111111111
RECORDED - REQUEST OF 1 r::.c:c 191 !!:!!:,:r
Meridian CUy "'w ..... ,_,
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This sheet has been added to document
to accommodate recording information.
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DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
3.
City of Meridian
Idaho Conference of Seventh-Day Adventists, Inc., Owner
Hawkins Companies, Developer
TIllS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this /I~ day of l{oVe/1'1o-Wt." 2005, by and between City of Meridian, a
municipal corporation of the State ofIdaho; hereafter called "CITY', and Idaho Conference
of Seventh-Day Adventists, Inc., an Idaho nonprofit, religious corporation, hereinafter called
"OWNER" and Hawkins Companies, hereinafter called "DEVELOPER".
1.
RECITALS:
1.1 WHEREAS, "OWNER" is the sole owner, in law and/or equity, of
certain tract ofland in the County of Ada, State ofIdaho, described in
Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and '
1.2 WHEREAS, I.e. ~ 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or pennit as a condition of re-zoning that the
"Owners" and/or "Developer" make a written commitment
concerning the use or development 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 agreements upon the re-zoning of land; and
1.4 WHEREAS, "Ownera" and/or "Developer" has submitted an
application for re-zoning of the "Property's" described in Exhibit A,
and has requested a designation of (C-G) General Retail District,
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Owner" and/or "Developer" made representations at
the public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
subject "Property" will be developed and what improvements will be
made; and
1.6 WHEREAS, record of the proceedings for the requested re-zoning
designation of the subject "Property" held before the Planning &.
Zoning Commission, and subsequently before the City Council.
DEVELOPMENT AGREEMENT (RZ 05-008) W ALGRBENS
PAGE 1 OF 11
include responses of government subdivisions providing services
within the City of Meridian planning j uris diction, and received further
testimony and comment; and
1.7 WHEREAS, City Council, tbe9th day of August, 2005, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Owner" and/or "Developer"
to enter into a development agreement before the City Council takes
final action on re-zoning designation; and
1.9 "OWNER" and/or "DEVELOPER" deem it to be in their best
interest to be able to enter into this Agreement and acknowledge that
this Agreement was entered into voluntarily and at their urging and
requests; and
1.10 WHEREAS, "City" requires the "Owner" and/or "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 Agrecment,
herein being established as a result of evidence received by the "City"
in the proceedings for re-zoning designation from government
subdivisions providing services within the planning jurisdiction and
from affected property owners and to ensure re-zoning designation is
in accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and the
Zoning and Development Ordinances codified in Meridian City Codc
Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
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:
DEVELOPMENT AGREEMENT (RZ 05-008) W ALGREENS
PAGE 2 OF 11
3.1 "CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the State ofIdaho. organized and existing by virtue of
law of the State ofldaho, whose address is 33 East Tdaho Avenue,
Meridian, Idaho 83642,
3.2 "OWNER": means and refers to Idaho Conference of Seventh~Day
Adventists, Inc., an Idaho nonprofit, religious corporation, , whose
address is 7777 Pairview Avenue, Boise, 10 83704, the party who
owns the said "Property" and shall include any subsequent owner(s)
of the "Property".
3.3 "DEVELOPER": means and refers to Hawkins Companies, whose
address is 8645 West Franklin Road, Boise, ill 83709, the party
developing said "Property" and shall include any subsequent
developer(s) of the "Property".
3.4 "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 (General Retail and Service Commercial District) attached
hereto and by this reference incorporated herein as if set forth at
length.
4.
USES PERMITTED BY TIDS AGREEMENT:
4.1, The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 1l-7~2 (K) which are herein specified as follows:
Construction and development of either a conditional use permit or
a planned development application shall he submitted to the City of
Meridian prior to a future development in the C-G zone, and the
pertinent provisions of the City of Meridian Comprehensive Plan
are applicable to this RZ 05-008 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
PROPERTY:
DEVELOPMENT AGREE1v1ENT (RZ 05-008) W ALGREENS
PAGE 3 OF 11
"
--..
"
"
5.1 "Owner" and/or "Developer" shall develop the "Property" in accordance
with the following special conditions:
1. That no building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building, structure or land be established
or changed in use without a Certificate of Zoning Compliance (CZC).
2. 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.
3. That all future uses on the Property shall be required to obtain a
.conditional Use Permit prior to construction/operation, provided,
however, that the Findings attached hereto as Exhibit B fmd that the
requested C-G zoning designation and subsequent retail use with a drive-
through is consistent with the defmition oftbe C-G zone.
4. That the hours of operation on this property shall be limited to 6 a.m. to
11 p.m., unless otherwise modified through a future Conditional Use
Permit.
5. That vehicular access to this site shall be restricted to those approved by
ACHD and the City, in accordance with the Findings.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be tezminated, and the zoning designation reversed,
upon a default of the "Owner" and/or "Developer" or'''Owner'' and/or ''Developers'' heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing Development
of Subject Property" of this 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 Idaho Code ~ 67-6509. or any subsequent amendments or recodifications thereof.
7.
CONSENT TO REVERSAL OF ZONING DESIGNATION:
"Owner" and/or "Developer" consents upon default to the reversal of the
zoning designation of the "Property" subject to and conditioned upon the following
conditions precedent to-wit:
7.1 That the "City" provide written notice of any failure to comply with
this Agreement to "Owner" and/or "Developer" and if the "Owner"
and/or "Developer" fails to cure such failure within six (6) months of
such notice.
DEVELOPMENT AGREEMENT (RZ 05-008) W ALGRBENS
PAGE 4 OF 11
8. INSPECTION: "Owner" and/or "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.
9.
DEFAULT:
9.1 In the event "Owner" and/ur "Developer", "Owner" and/or
"Developer's" heirs, successors, assigns, or subsequent owners of the
"Property" or any other person acquiring an interest in the "Property",
fail to faithfully comply with all of the terms and conditions included
in this Agreement in connection with the "Property", this Agreement
may be modified or terminated by the "City" upon compliance with
the requirements of the Zoning Ordinance.
9.2 A waiver by "City" of any default by "Owner" and/or "Developer" of
anyone or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any other
rights or remedies of "City" or apply to any subsequent breach of any
such or other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner's" and/or "Developer's" cost, and submit proof of such recording to "Owner" and/or
"Developer", prior to the third reading of the Meridian Zoning Ordinance in cODllection with
the re-zoning of the "Property" by the City Council. Iffor any reason after such recordation,
the City Council fails to adopt the ordinance in connection with the re-zoning of the
"Property" contemplated hereby, the "City" shall execute and record an appropriate
instrument of release of this Agreement.
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance re-zoning the "Property" as specified herein.
12. REMEDIES: Ibis Agreementsball be enforceable in any court of competent
jurisdiction by either "City" or "Owner" and/or "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,
agreements, conditions, and obligations contained herein.
DEVELOPMENT AGREEMENT (RZ 05-008) WALGREENS
PAGE 5 OF 11
12.1 In the event of a material breach oftbis Agreement, the parties agree
that "City" and "Owner" and/or 'neveloper" shall have thirty (30)
days after delivery of notice of said breach to correct the same prior to
the non~breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be perrormed
hereunder by either "Owner" and/or "Developer" or "City" is delayed
for causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
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 912~5-3, to insure that installation of the improvements,
which the "Owner" and/or "Developer" agrees to provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Owner" and/or "Developer"
agrees that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Owner" and/or "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, 9ompleted, and accepted by the "City"".
15. ABIDE BY ALL CITY ORDINANCES: That "Owner" and/or
"Developer" agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to reversal of zoning 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 andlor required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
DEVEWPMENT AGREEMENT (RZ OS~008) W ALGREENS
PAGE 6 OF 11
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deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
DEVELOPER:
cia City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Hawkins Companies
8645 West Franklin Road
Boise, ill 83709
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ill 83642
OWNER:
Idaho Conference of Seventh-Day Adventists, Inc.
7777 Fairview Avenue
Boise, ID 83704
Attn: Donald Klinger
with copy to:
Skinner Fawcett
P.O. Box 700
Boise, ill 83701
Attn: Henry Rudolph
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
DEVELOPMENT AGREEMENT (RZ 05-008) W ALGREENS
PAGE 7 OF 11
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separate cOlltra!;t between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18, TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perfonn.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. 1bis
Agreement shall be binding on the "Owner" and/or "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" and/or "Developer", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Owner" and/or "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 jwisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: 'This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner" and/or
"Developer" and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or implied, between
"Owner" andlor "Developer" and "City", other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or additiun 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".
21.1 No condition governing the uses and/or conditions governing re-zoning 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
DEVELOPMENT AGREEMENT (RZ 05-008) W ALGREENS
PAGE 8 OF 11
/
designation and/or amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in cOlUlection with re- zoning of the "Property" and execution of the Mayor and
City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
D~VELOPER:
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OWNER:
C8~ /Pt, I~( ~""'-"~'f
IDAHO CONFERENCE OF SE NTH-DAY
ADVENTISTS, INC., Owner
CITY OF MERIDIAN
Attest:
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STATE OF IDAHO, )
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County of Ada, )
On this ~ day of J~_. L. ,2005, before me, the undersigned, a
Notary Public in and for said State, personally appeared \:...~..J.L~ b.. ....~Et
on behalf of Hawkins Companies, known or identifie to me to the
~...."" ~ of said company, who executed the instrument on behalf of said
company, and acWW!edged to me that he 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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On this;23rd day of NO\j~ 2005, before me, 1l?-e undersigned, a
Notary Public in and for said State, pe~sonally appeared ~ A. KI, 1\5<<'
on behalf ofIdaho Confl;1rence of Seventh-Day Adventists, Inc., known or identified to me to
be th~ SfJ.C-( ~+a ~ of said corporation, who executed,the instrument on behalf
of saId corporatIOn, , a acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day aB.d year in this certificate first above written.
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DEVELOPMENT AGREEMENT (RZ 05.008) W ALGREENS
PAGE 10 OF 11
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STATE OF IDAHO )
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County of Ada )
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On this ~ day of ~1IL-bvu, 2005, before me, aNotary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., 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 instrwnent of behalf of said City, and
acknowledged to me that such City executed the same.
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DEVELOPMENT AGREEMENT (RZ 05-008) W ALGREENS
PAGE 11 OF 11
E?ffiIBIT A
Walgreens on Ten Mile Road
RZ-OS-008
Legal Description
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Projl3Gt No. 05-01 3
Aprir 15, Z005
DESCRIPTION FOR
tEN MIl.E AND CHERRY LANE PARCEl. RC-ZONe
HAWKINS COMPANIBS
A parcel of land located in the SW1/4 of the SWl/4 of Section 2. T.3N.. R..1W.,
8,M.. Meridian, Ada County. Idaho more particlIlarIy described as follows;
ElEGINNlNG at the sW comer said Section 2:
thence alon9 tho Wesl boundary line of liard SecOon 2 North 00"19'07' ~..",l,
345,50 feet -
thence leaving said East boundary line South 88"38'31" East, 317.50 {eel;
liIence South 00"19'07" Will8t, SO.oO feet;
thence South 88"38',W Easl100.00 feet;
thence Soulh OO~19'07" west, 295.50 feel to a point on the South boundary Une
of said Section 2.
thence along the South bOUnd9lY rifle of "aid Section 2 Nol1h 88038'31" West.
417.50 feettoth<l R1:AL POINT OF eEGINNING. containing 3.20 acres. more or leas.
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Rezone of 3.2 Acres from R-4 to C-G AND Conditional Use
Permit Approval for a New 14,490 Square-Foot Retail/Pharmacy Building with Two Drjve-
Through Lanes, by Hawkins Companies.
Case No(s). RZ-05-008, CUP-05-029
For the City Council Hearing Date of: August 9, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code ~67-
6509.
The matter was duly considered by the City Council at the August 9, 2005, public
hearing(s). The applicant, affected property owners, and government subdiviSions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17.5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-05-004, cUP-OS -012 . PAGE 1 of 4
a. In addition to the application 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 is the Idaho Conference of Seventh-day Adventists, Inc.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibits E and F for the findings required for each type of application,
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. ~67-
6503).
2. The Meridian City Council takes Judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titlt:s 11 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 PIon of the City of Mmdian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
~ 11-17-9.
4. Due consideration has been given to the comment( s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan Dated
June 7, 2005 as shown in Exhibit B, and Conditions of Approval in Exhibits C and D.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code S i2-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's rezone as evidenced by having submitted the Survey and Legal
Description in Exhibit A is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated June 6,
200S is hereby conditionally approved; and,
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-OS~004, CUP-OS-D12. PAGE 2 of4
3. The site specific and statldard conditions of approval are as shown in Exhibits C and D.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Pennit Duration
Please take notice that the conditional use pennit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with tbe
conditions of approval, satisfY the requirements set forth in the conditions of approval,
acquire building pennits and commence construction of penn anent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. Ifthe successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 1l-17~4.B.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. 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.
2. Please take notiee that this is a fmal action of the govemingbody of the City of
Meridian, pursuant to Idaho Code ~ 67~6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty~eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Titl~ 67, Idaho
Code.
F. Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Site Plan
Exhibit C: Rezone Comments
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ.05-004, CUP-05-012 . PAGE 3 of 4
Exhibit D: CUP Conditions of Approval
Exhibit E: Zoning Amendment Findings (Rezone)
Exhibit F: CUP Findings
By action of the City Council at its regular meeting held on the qih.
A1 J~'''~ , 2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED ~fln
COUNCll_ MEMBER CHARLIE ROUNTREE
VOTED '~HL-
COUNCIL MEMBER KEITH BIRD
VOTED 1Dd
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Attest:
an;,t Attorney.
B ' 1l.ko lIV"'
City Clerk's Office
Dated: g~ \l~05
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-OS-OO4, CUP-OS-012 - PAGE 4 of 4
EXHIBIT A
Walgreens on Ten Mile Road
RZ-05-008
Legal Description
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Project No. 05-013
Aprir 15,2005
DESCRIPTION FOR
TEN MfLE AND CHERRY LANE PARCEL. RE-ZONE
HAWKiNS COMPANIES
A parcel of land located in the SW1/4 of the SWl/4 of Section 2, T.3N., R.1W_,
8,M.. Meridian. Ada County. Idaho more particularly described 3S follows;
BEGINNING at the SW corner said Section 2:
thp.nce along tho West ul,lundary Hne of said Section 2 North 00"19'or East,
34-5,50 feet;
thence leaving said E1'l...t boundary fine South 8a038'a1" East. 317.50 feet;
thonce South 00'19'07" West, 50.00 feet;
tnence South 88036'31" East, 100.00fget;
thence South 00"19'07" West, 295.50 feel to a point on the South boundary line
or said Section 2;
thence along lhe South boundary line of said Section 2 North 88038'31" West.
417.50 fe/'!t to the REAL POINT OF BEGINNING, containing 3.20 acres, more or leslO.
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EXHIBIT B
Walgreens on Ten Mile Road
CUP-05-029
Approved Site Plan
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EXHmIT C
Walgreens on Ten Mile Road
RZ-05-008
Rezone Comments
Recommended deletions are striktRhrougfts and additions are in bold and underlined.
ZONING AMENDMENT COMMENTS (Rezone)
1. The subject property is within the Urban Services Planning Area. The Public
Works Department has confirmed that the submitted legal description meets the
requirements of the City of Meridian and the Idaho State Tax Commission.
2. Prior to the rezone ordinance approval, a Development Agreement (DA) shall be
entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and the developer. The applicant shall contact the
City Attornev. Bill Nary. at 888-4433 to initiate this process. The DA shall
incorporate the following:
. That no building or other stmcture shall be erected, moved, added to or
structurally altered, nor shall any building, structure or land be established or
changed in use without a Certificate of Zoning Compliance (ClC).
. 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 reasun of excessive production of traffic,
noise, smoke, fumes, glare or odors.
. That all future uses on the property shall be required to obtain a Conditional
Use Permit prior to construction/operation.
. That the hours of operation on this property shall be limited to 6 a.m. to ~ 11
p.m., unless otherwise modified through a future Conditional Use Pennit.
. That vehicular access to this site shall be restricted to those approved by
ACHD and the City.
EXHIBIT D
Walgreens on Ten Mile Road
CUP-05-029
CUP Conditions of Approval
SITE SPECIFIC CONDITIONS
1, The site plan prepared by Hawkins Companies, labeled ill 692E LE-l, dated &-+-
~ 7-26-05 is approved as submitted. The landscape plan prepared by South
Landscape Architecture, P.C., labeled L-1.0, dated 3-11-05 is not approved as
submitted. With the Certificate of Zoning Compliance (CZC) application, submit
a FMised. site plan and a revised landscape plan that show the requested right-of-
way dedication and reflect the other changes noted in the conditions below.
2. Prior to issuance of a Certificate of Zoning Compliance (CZC) for this site, the
applicant shall submit written documentation that includes consent from the
property owner to the north (currently Vance) to construct an off-site driveway to
Ten Mile Road. Documentation providing reciprocal cross-access for both
property owners to use said driveway shall also be provided. Further, the
applicant shall approach the other property owner to the north (Parcel No.
S1202336314) about removing the southern driveway they have to Ten Mile
Road and utilizing the proposed sharcd driveway as well, If the proposed shared
driveway to the north does not get built for any reason, an all weather access road
must still be maintained to provide access for City of Meridian maintenance crews
to the well house.
3. The submitted landscape plan prepared by South Landscape Architecture, P.c.,
dated 3-11-05 is not approved as submitted. The applicant should submit 10 full
size copies and one 8.5" x II" copy of a revised landscape plan to the City Clerk
at least 10 days prior to the City Council hearing. The following modifications
should be included in the revised plan:
a. Construct a 2S-foot wide landscape buffer along Ten Mile Road and
Cherry Lane, located entirely outside of the right-of-way. The
sidewalk for Cherry Lane and Ten Mile Road may not be counted as
part of the landscape buffer width. In accordance with MCC 12-13-10,
install one tree within said buffer for every 35-feet of frontage on the
Cherry Lane and Ten Mile Road. "
b. Construct a 25-foot wide landscape buffer along the east property line.
The easternmost edge of the driveway to Cherry Lane shall bt: located
a minimum of 2S.feet from the east property line, and not encroach
into the landscape buffer. Said buffer shall contain materials in
accordance with MCC 12-13-12-3.
c. Replace the existing wood fence along the east property line and
construct a six-foot tall CMU wallt as proposed. Construct a four-foot
tall eMU wall along the north landscape planter, as proposed.
Exhibit D
d. Construct a .u;~2:foot wide landscape buffer with trees and shrubs
between the retail U:3t: and the existing home to the north, as proposed.
Said landscape buffer is approved with alternative compliance.
e. Construct internal planter islands within the parking area to prohibit 13
or more continuous parking stalls. Each interior planter shall be
landscaped with at least one free and shall be covered with low ::;hrubs,
lawn, or other vegetative groundcover (MeC 12-13-11-3).
f Construct a minimum 5- foot wide landscape strip from the north
property line and the drive aisle (adjacent to the City well lot). Plant a
minimum of one tree per thirty-five feet and shrubs, lawn, or other
vegetative groundcover within said landscape strip (MCC 12-13-11-2).
g. The applicant shall work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection/mitigation plan for
the existing trees on site.
h. The applicant shall construct additional screening for the White
property to north, including a 4-foot fence along the southern property
line of the White property (Parcel No. 81202336314), as proposed.
4. The area shown for future development on the submitted site plan shall be
maifttainea free Elf eembustiBle Vege!aa0B (weeds). ImDroved with e:rass until
further use is determined. lIDs future pad site does not currently have its own
lot and a division of the property will be required prior to issuance of a building
pennit for a second principal structure on this site.
S. No signs are approved with this CuP application. All business signs require a
separate sign permit in compliance with the sign. ordinance. All signage shall be in
accordance with the standards set forth in this report and Section 11-14 of the City
Zoning and Development Ordinance.
6. Meridian City Code requires that this site be served with a pressurized,
underground irrigation system. Use of non-potable irrigation water is required
when detennined to be available by the City Public Works Department as
regulated by MCC 9-1-28. If a creek or well source is not available, a single-
point coIUlection to the municipal water system shall be required. If a single-point
connection is used, the developer shall be responsible for the payment of
assessments for the irragable common areas prior to signature on the final plat by
the Meridian City Engineer.
7. At the public hearing, the applicant shall update the Commission on the outcome
of the meeting with the Meridian Police Department regarding means of
increasing visibility to the drive-through facility.
8. 8anitary sewer service shall be from the city of Meridian's existing systems
adjacent to the site. Upgrading of existing service lines may be necessary to
provide a level of service different from the current church use. The future pad
site is being shown to be served by a stub from an existi~g main in W. Cherry
-2-
Exhibit D
Lane. No sewer main exists at this location. The applicant will be required to
install any new mains that may be required to provide service. The applicant shall
coordinate main sizing and routing, for any needed main, with the City of
Meridian Public Works department, or submit detailed design plans for how the
applicant proposes to service the future pad site with sewer.
9. Water service to this site is being proposed via an extension of service lines from
water mains located in the private drive abutting the north side of this project.
The applicant shall construct any water mains necessary to service this proposed
development. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service. Coordinate main
size and routing with Public Works.
10. Any future change of use on the property shall require conditional use permit
approval.
11. Comply with the conditions and comments of all City Departments, and other
agencies.
12. All required improvements must be complete prior to obtaining a Certificate of
Occupancy for the proposed development. A temporary Certificate of Occupancy
may be obtained by providing surety to the City in the form of a letter of credit or
cash in the amount of 110% of the cost of the required improvements (including
paving, striping, landscaping, and irrigation). A bid must accompany any request
for temporary occupancy. Any temporary occupancy will not exceed 60 days to
complete the required improvements.
13. If construction has not begun within 18 months of City Council approval, a new
conditional use penoit must be obtained prior to the start of development.
14. Outside lighting shall be designed and placed in such a manner as to eliminate
glare and illumination of the adjoining roadways and properties, in accordance
with City Ordinance Section 11-13-4.C_
15. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Old. 557, 10-1-91) for all
off-street parking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publication Catalog
of Stonn Water Best Management Practices for Idaho Cities and Counties and
City of Meridian standards and policies. Off-site disposal into surface water is
prohibited unless the jurisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The applicant
is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
- 3 -
Exhibit D
16. Applicant's (or successor's) failure to comply with any of the tenus of approval
of the conditional use permit shall be cause for revocation of the conditional use
permit
OTHER AGENCY COMMENTS & CONDITIONS
MERIDIAN PUBLIC WORKS DEPARTMENT
1. All development improvements, including but not limited to sewer, fencing,
micro~paths, pressurized irrigation and landscaping shall be installed and
approved prior to obtaining certificates of occupancy.
2. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior
to signature on the final plat per Resolution 02-374.
3. It shall be the responsibility ofilie applicant to ensure that all development
features comply with the Americans with Disabilities Act and the Fair Housing
Act.
4. Applicant shall be responsible for application and compliance with and NPDES
Pennitting that may be required by the Environmental Protection Agency.
5. Applicant shall be responsible for application and compliance with any Section
404 Permitting that may be required by the Anny Corps ofEnginccrs.
6. All grading ofthe site shall be performed in conformance with MCC 11-12-3H.
7. Compaction test results shall be submitted to the Meridian Building Department
for all building pads receiving engineered backfill, where footing would sit atop
fill material.
8, Any existing domestic wells and/or septic systems within this project shall be
removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape irrigation.
9. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12-4-13. Plans shall 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 shall be
reviewed and approved by the meridian City Engineer prior to final plat signature.
10. Please submit all updated groundwater/soils monitoring data to the Public Works
Department for review. Any drainage areas (detention/retention basins) must be
designed to ensure that water is retained only during lOO-year storm events, and
-4-
Exhibit D
for a period of time not to exceed 24 hours. Side slopes within drainage areas
shall not exceed 3: 1. Any portion uf a drainage area not improved with sodl grass
seed (or other approved landscaping) shall not count towards the required open
space area. The project engineer should pay close attt.:ntion to the results of field
studies detennining the groundwater, soil type & and characteristics during the
design. and construction phases. The engineer shall be required to celtify that the
street centerline elevations are set a minimum of 3.feet above the highest
established normal groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above.
11. One hundred watt, high-pressure sodium streetlights shall be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire
hydrants. Final design locations and quantity are detennined after power designs
are completed by Idaho Power Company. The street light contractor shall obtain
design and permit from the Public Works Department prior to commencing
installations.
MERIDIAN PARKS DEPARTMENT
1. Standard for Mitigation of trees: The ~tandard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
MERIDIAN FIRE DEPARTMENT
1. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
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 when spacing permits.
f. Fire hydrants shall not have any vertical obstroctions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC
Section 509.5.
- 5.
Exhibit D
3. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4. All common driveways shall be straight or have a turning radius of28' inside and
48' outside and shall have a clear driving surface which is 20' wide.
5. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix 0 Section D1 03.6 Signs.
6. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation.
7. Fire lanes and streets shall have a vertical clearance of 13'6". lbis includes
mature landscaping.
8. Operational fire hydrants, temporary or pennanent street signs and access roads with
an all weather surface are required before combuc~tible construction is brought on
site.
9. Conunercial and office occupancies will require a fIre-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed per Appendix D.
10. The office/commercial lots lot will have an unknown transient pupulation and will
have an unknown impact on Meridian Fire Department call volumes. The Meridian
Fire Department has experienced 2612 responses in the year 2004. According to a
report completed by Fire & Emergency Services Consulting Group our requests for
service are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
11. Maintain a separation of 5' from the building to the dwnpster enclosure.
12. Provide a Knoxbox entry system for the complex prior to occupancy.
13. All aspects of the building systems (including exiting systems), processes & storage
practices shall be required to comply with the International Fire Code.
14. Provide exterior egress lighting as required by the International Building & Fire
Codes.
15. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code officiaL For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
-6-
Exhibit D
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
16. There shall be a fire hydrant within 100' of all fire department connections.
17. This project has no fire department concerns.
MERIDIAN POLICE DEPARTMENT
1. The proposed drive through has limited visibility from a public street. Prior to the
next public hearing, the applicant shall meet with the Police Chief to discuss
methods of increasing visibility to the facility.
SANITARY SERVICES COMPANY
1. Please contact Bill Gregory at sse (888.3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application.
NAMP A & MERIDIAN IRRIGATION DISTRICT
1. Nampa & Meridian Irrigation District has no facilities that will be impacted by
this proposed project. If all storm drainage is retained on~site there will be no
impact on Nampa & Meridian Irrigation District and no further review will be
required. However, if any surface drainage leaves the site, the Nampa & Meridian
Irrigation District requires that a Land Use Change Application is filed for review
prior to final platting.
2. All laterals and wastc ways must be protected.
3. The developer must comply with Idaho Code 31-3805.
4. It is recommended that irrigation water be made available to all developments
within the N ampa & Meridian hrigation District.
SETTLERS' IRRIGATION DISTRICT
1. All irrigation/drainage facilities along with their easements must be protected and
continue to function. The facility involved is the Settlers Canal (40' easement)
located along the south boundary of the property.
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of any
SJ.D. facilities, or within its easements.
.7-
Exhibit D
4. Any changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers Irrigation District.
5. All stonn drainage must be retained on-site.
ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS OF APPROVAL
1. Dedicate 54-feet of right-of-way from the centerline ofTen Mile Road abutting
the parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
issuance of a building pennit (or other required permits). Allow up to 30 business
days to process the right-of-way dedication after receipt of all requested materiaL
The owner will be paid the fair market value of the right-of-way dedicated which
is an addition to existing ACHD right-of-way if the owner submits a letter of
application to the impact fee administrator prior to breaking ground.
Compensation will be non-impact fee eligible.
OR
The applicant may dedicate 48-feet from centerline and provide a 6-foot wide
sidewalk/utility easement beyond the 48-feet.
2. Dedicate 6-feet of right-of-way from the existing right-of-way line abutting the
parcel by means of a warranty deed, The right-of-way purohase and sale
agreement and deed must be completed and signed by the applicant prior to
issuance of a building pennit (or other required permits). Allow up to 30 business
days to process the right-of-way dedication after receipt of all requested material.
The owner will be paid the fair market value of the right-of-way dedicated which
is an addition to existing ACHD right-of-way if the owner submits a letter of
application prior to breaking ground. Compensation will be non-impact fee
eligible.
OR
The applicant may provide a 6-foot wide sidewalk/utility easement in lieu of
right-of-way.
3. Construct a 24 to 3D-foot wide curb return right-inlright-out driveway on Cherry
Lane located at the west property line. Construct a median in Cherry Lane from
Ten Mile Road to a point approximately 50-feet east of the driveway. The
median should be constructed to restrict this driveway, but should not interfere
with the full access movements of the driveway to the south and east. The
driveway may shift westward, no more than SO-feet, to provide a larger buffer to
the residence to the east.
- 8 -
Exhibit D
4. Construct a 30 to 35-foot wide curb return driveway on Ten Mile Road located at
the north property line as proposed; provided that the adjoining property owner
(Vance) has agreed to a portion of the driveway being constructed on his property.
Submit written documentation from that owner for consent and cross access. If au
agreement is not reached with the adjacent owner, then lhe driveway will need to
be shifted to the south and the applicant will need to submit revised drawings and
the driveway location and function will need to be re-evaluated.
5. Close any curb cuts or driveways that have not been approved with this
application, with curb, gutter and sidewalk to match existing improvements.
6. Comply with all Standard Cunditions of Approval.
STANDARD CONDITIONS OF APPROVAL
1, Any existing irrigation facilities shall be relocated outside of the right-ot-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road hnpact Fee Ordinance.
~ 9-
Exhibit D
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the tenns and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
II. Any change by the applicant in the planned use of the property which is the
subject of this application. shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictiuns in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
- 10-
EXHIBIT E
Walgreens on Ten Mile Road
RZ-OS.008
Zoning Amendment Findings (Rezone)
STANDARDS FOR ZONING AMENDMENTS
The Commission and Council shall review the particular facts and circumstances of
each proposed zoning amendment in terms of the following standards and shall find
adequate evidence answering the following questions about the proposed zoning
amendment (11-1S.11):
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive plan amendment;
City Council finds that the 2002 Comprehensive Plan Future Land Use Map
designates the subject property as "Public/Quasi-Public." Public, Quasi-Public,
and Open Space areas are designated to preserve and protect existing private,
municipal, state, and federal lands for area residents and visitors (Page 99,
Comprehensive Plan). However, the Comprehensive Plan was recently amended
with Resolution No. 04-454, which states that upon redevelopment of properties
designated for public, quasi-public, and open space, a change in designation and
use may he appropriate. The redevelopment of these areas should be guided by
the intensity of the existing use, the underlying zoning of the property, the
surrounding land uses, the location of the property, and transportation issues
associated with the proposed development of the property. The appropriate land
use designation and accompanying zoning for these areas will be determined by
City Council on a case by case basis.
While the Comprehensive Plan Future Land Use Map does not explicitly support
a commercial zoning of this property, City Council finds that there are several
Comprehensive Plan policies that support evaluating this site for a zone not
specifically envisioned by the Map (see below).
''The Meridian Comprehensive Plan is an official policy guide for
decisions concerning the physical development of the community. It
indicates, in a general way, how the community may develop in the next
five to ten years." (Chapter I, Section B of the Comprehensive Plan)
Furthennore, in Chapter VII, Section C, "Future Conditions" states the following:
"Figure Vll.2 [The Comprehensive Land Use Map] depicts desired future
land use categories and their location within the hnpact Area. The areas
depicted on the map are conceptual and, therefore, will require further
analysis prior to the creation of a zoning map."
Exhibit E
City Council believes that the public/quasi-public designation was placed on this
property in 2002 when the Comprehensive Plan was adopted because it was
functioning as a church. The Comprehensive Plan did not originally anticipate any
churches redeveloping with non-public/quasi-public uses; Resolution No. 04N454
does accommodate for redeveloping churches. Further, the other three corners of
the Ten Mile RoadlCheny Lane intersection have developed with non-residential
uses. Due to the development patterns of the surrounding area, City Council
believes it would be appropriate to extend the commercial designation from the
southwest (Albertson's) to this property. City Council further finds that a
commercial zone/use could harmoniously co~exist with the residential uses to the
north and east as well as the commercial uses to the south, west and southwest.
However, due to the close proximity of the single-family homes, City Council is
recommending that any future use on this site be required to obtain CUP approval.
The applicant has requested C-G zoning (General Retail and Service Commercial
District) for this property. The purpose of the C-G zone is to "provide for
commercial uses which are customarily operated entirely or ahnost entirely within
a building; to provide for a review of the impact of proposed commercial uses
which are autu and service oriented and 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." MCC 11-7-2 City
Council finds that the requested C-G zoning designation and subsequent retail
use with a drive-through is consistent with the definition of the zune.
City Council believes that the quasi-public area that will be converted to
commercial with the approval of this application will be relocated to Black Cat
Road where the church intends to construct a new building. The church has
submitted an annexation application to the City requesting that 5 acres of land
located on Black Cat Road, south of Cherry Lane, be annexed and zoned to L-O
for a new church (AZ-05-024). City Council believes that if both zoning
amendments are approved, the designated public/quasi-public area designated on
the Future Land Use Map for this site will be preserved, just in an area
approximately one mile to the west.
City Council also finds the following Goals, Objectives, and Action items
contained in the 2002 Comprehensive Plan to be applicable to this application
(analysis is in italics below policy):
. "Restrict curb cuts and access points on collectors and arterial streets."
(Chapter VII, Goal IV, Objective D, Action item 2)
On the submitted site plan. the applicant is proposing direct access to Cherry
Lane and Ten Mile Road. both arterial streets. The ACHD has tentatively
approved a right-inlright-out only access to Cherry Lane and a fUll access to
Ten Mile Road. The full access approval to Ten Mile Road is conditioned on
3
Exhibit E
the applicant obtaining consentfrom the property owner to the north (Vance)
to construct a portion of the driveway on his property. See comments from
ACHD for further analysis.
· "Require appropriate landscape and buffers along transportation corridors
(setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV,
Objective D, Action item 4)
By City Ordinance, a 25-/00/ wide landscape buffer is required adjacent to
Cherry Lane and Ten Mile Road (MCC 12-13-10-4. Twen ty-five foot wide
buffirs, exclusive of right-ol-way, should be constructed adjacent to the
arterial streets.
. "Require all commercial businesses to install and maintain landscaping."
(Chapter V, Goal III, Objective D, Action item 5)
In order to operate a commercial business on this site, the applicant will be
required to construct landscaping along Ten Mile Road, Cherry Lane,
adjacent to the single-family residences, and internally. The applicant has
askedfor an alternative to compliance with the standard 25-foot wide
landscape buffer requirement to the north.
. "Require that development projects have planned for the provision of all
public services" (Chapter VII, Goal III, Objective A, Action items 1 and 4)
On May 27. 2005, ajoint agency/department comments meeting was held with
representatives of key service providers to this property. In that meeting no
deficiencies of public services to serve this property were raised.
. "Plan for a variety of commercial and retail opportunities within the Impact
Area." (Chapter VII, Goall, Objective B)
City Council believes that the proposed zone does contribute to the variety of
uses in this area.
Gitv Council finds that the new zoning to C-G can be harmonious with and in
accordance with the ComDrehensive Plan. as amf/nded bv Resolution No. ' 04-
4.54. if the applicant enters into a develo]?ment aweement and all the
conditions Qf approval for the concurrent conditional use pennit are complied
with.
B. Is the area included in the zoning amendment intended to be re-zoned in the
future;
4
Exhibit E
City Council finds that the proposed re-zone and accompanying development
plans generally comply with the requested zone and City Council does not
anticipate that the property will be rezoned in the future.
C. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning-for example, a
residential area turning into a commercial area by means of conditional use
permits;
Retail uses are principally permitted (allowed) in the requested C-G zone,
However, drive-inldrive-through establishments require CUP approval in all
commercial zoning districts of the City (MCC 11-8-1). City Council finds that the
applicant has concurrently submitted detailed development plans for a
Conditional Use Pennit for the proposed dual drive-through lanes with the rezone
request. City Council further fmds that the proposed retail use with a drive-
through will only be allowed with the approval of the requested CUP (CUP-05-
029).
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
The arterial streets adjacent to this site have been widened to five lanes adjacent
to this site. Ten Mile Road, from Franklin Road to Ustick Road, is currently
within ACHD's Five-Year Work Program for reconstruction. City Council finds
that the other three comers have been developed in a fashion similar (non-
residential) to the proposed development. Further, the recent annexation and
zoning of several residential subdivisions in this area have made the current
church building too small for the growing congregation. City Council finds that
these factors dictate that the subject property be rezoned and developed
commercially.
E. Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with thc existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
City Council has included conditions related to design, construction, operation
and maintenance that City Council believes will allow the proposed use(s) to be
consistent with the existing character of the general vicinity. City Council
believes that the character of the area will change with the approval of the subject
applications; however, City Council believes that the change is appropriate.
F. Will not be hazardous or disturbing to existing or future neighboring uses;
5
Exhibit E
City Council finds that a 24~hour drive-through pharmacy may be disturbing to
the existing residents in the area, However, if landscape buffers and access points
are installed, and the hours of operation. are limited, City Council finds that the
requested rezone and subsequent commercial uses and drive-through should not
be disturbing to the existing or future neighboring uses. To ensure that any future
use on this site will not be hazardous or disturbing, any future change of use on
the property will also require conditional use pennit approval, and adjoining
property owners will have an opportunity to comment.
G. Will be served adequately by essential public facilities and services such as
highways, street, police, and rue protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed conditional use shall be able to provide adequately any such
service;
On May 27,2005, ajoint agency/department comments meeting was held with
representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received from
agencies/departments, City Council finds that the public services listed above can
be made available to accommodate the proposed development.
Sanitary sewer and watt:!' are currently available to this site. Water mains are
located in both Ten Mile Road, and W. Cherry Lane. Sewer mains are located in
N. Ten Mile Road. The applicant and/or future property owners will be required
to pay any applicable park and highway impact fees as well as construct on-site
stonn water drainage facilities.
City Council finds that the proposed uses can be adequately served by all essential
public services and facilities.
II. Will not create excessive additional requirements at public cost for public
facUities and services and will not be detrimental to the economic weHare of
the community;
City COWlcil findoll that the requested zoni.ngluses will not create excessive
additional requirements at public costs for public facilities and services.
Additionally, City Council finds that the proposed rezone would not be
detrimental to the economic welfare of the community.
I. Will nut involve uses, activities, processes, materials, equipment, and
conditions that will be detrimental to any persons, property, or general
welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
If the subject rezone application is approved, the applicant intends to construct a
retail building with a drive~through and a future retaillbank building on this site.
6
Exhibit E
Based on the traffic impact study prepared for this development, the site is
anticipated to add 1,115 new vehicle trips to the road network at full build out.
City Council finds that the proposed use and zone will generate additional traffic
on adjacent roadways above and beyond the existing church. City Council
recognizes that traffic and noise will increase with the approval of this
development; however. City Council does not believe that the amount generated
will be detrimental to the general welfare of the public.
City Council does not anticipate the proposed zone and subsequent use(s) will
create excessive noise, smoke, fumes, glare, or odors. If all conditions of approval
are complied with, City Council finds that the proposed zoning/use should not be
detrimental to people, property or the general welfare of the area.
J. Will have vehicular approaches to the property which shall be so designed as
not to create an interference with traffic on surrounding public streets;
On lune 8, 2005, the ACHD Board of Commissioners approved two vehicular
access points for this site. Although neither of the access points meets the
District's policy for location, the Board approved a right-in/right-out driveway to
Cherry Lane and a full access driveway to Ten Mile Road. City Council finds that
the approved vehicular approaches to the property should not interfere with
general traffic patterns on the adjacent public streets. Please refer to the ACHD
report for more details on access to this property.
The proposed site plan shows two drive-through lanes and an escape lane on the
east side of the proposed building. City Council is supportive of the layout for the
proposed drive-through lanes and proposed traffic flow pattern for this lot, as
stacking vehicles should not interfere with internal traffic flows or traffic flows on
the adjacent streets.
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
City Council is unaware of any natural of scenic features of major importance on
this site and finds that no natural or scenic features of major importance will be
lost or damaged by approving the rezone application.
L. Is the proposed zoning amendment in the best interest of the City;
In accordance with the findings listed above, City Council finds that the proposed
zoning of this property would be in the best interest of the City.
7
EXHIBIT F
Walgreens on Ten Mile Road
CUP~05-029
CUP Findings
STANDARDS FOR CONDITIONAL USES
The Commission and Councll shall review the particular facts and circumstances of
each proposed conditional use in terms of the following, and may approve a
conditional use permit if they shall fmd evidence presented at the hearing(s) is
adequate tu establish (11-17..3):
A. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
All proposed building setbacks meet the minimum standards outlined in Titles II,
Meridian City Code.
City Ordinance requires one (1) off-street parking space per 200 square feet of
retail use. The proposed retail building is 14,490 square feet. Thus, the project
requires seventy-two (72) spaces for tile retail use; 80 spaces are proposed.
The required landscape buffer between the proposed retail use and the residences
to the north and east is 25-feet. A 25-foot wide buffer is proposed to the east.
Meridian City Code requires that within three (3) years, sixty percent (60%) or
more of the vertical surface is closed and prevents the passage of vision through
it. The applicant is requesting alternative compliance to the required landscape
buffer to the north. The applicant originally proposed to retain the wood fence
along the east boundary. At the neighborhood meeting, an adjacent neighbor,
stated that the threc residences to the east would prefer to have a eMU wall. The
applicant has agreed to replace the existing wood fence and construct a eMU wall
along the east property line, up to the well lot.
City Council finds that the subject property is large enough to accommodate the
required yards (setbacks), open spaces, parking, landscaping and other features
required by the ordinance for retail uses. However, the applicant is requesting
alternative cumpliance for the land use buffer to the north.
B. That the proposed use and develupment plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
Please see Standards for Zoning Amendment" A". The proposed site plan shows
two drive-through lanes and an escape lane on the east side of the proposed
building. City Council is supportive of the layout for the proposed drive-through
Exhibit F
lanes and proposed traffic flow pattern for this lot, as stacking vehicles should not
interfere with internal traffic flows or traffic flows on the adjacent streets. City
Council finds that if the applicant complies with all conditions of approval noted
in this report, the development will be hannonious with the Meridian
Comprehensive Plan and in accord with the requirements of the Zoning
Ordinance.
C. That the design, c:onstruction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character of the same area;
Please see Standards for Zoning Amendment "A".
D. That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
If the applicant complies with all conditions of approval, City Council does not
anticipate that the proposed development will have an adverse impact on other
property in the vicinity.
E. That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
Please see Standards for Zoning Amendment "G".
F. That the proposed use will not create excessive additional requirements at
public 4:ost for public facilities and services and will not be detrimental to the
economic welfare of the community;
Please see Standards for Zoning Amendment "H".
G. That the proposed use will Dot involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors; .
Please see Standards for Zoning Amendment "IH.
H. That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic ontsurrounding public streets;
3
Exhibit F
Please see Standards for Zoning Amendment "J".
I. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
City Council does not believe that the proposed development will result in the
destruction~ loss or damage of a natural, scenic or historic feature of major
importance.
4