Initial Point Subdivision Lamont Kouba FP 04-056
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BOISE IDMiO 11/16106 01:~ FIt: -
DEPUTY \'Ic~ Allen 111111111111111111111111I111111111111
RECGRDED - REQUEST OF 106180813
Cily 01 Meridi.
DEVELOPMENT AGREEMENT
PARTIES:
1. City of Meridian
2. LaMont Kouba, Owner
3. Robnett Construction, Inc., Developer
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THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered
into ~s ~ 'Ad day of Nil'lft'\-'Y\n.eltJ I bcx:;A" ,~ by and
between CITY OF MERIDIAN, a municipal corporation of the State ofIdaho,
hereafter called "CITY", and LAMONT KOUBA, herinafter called "OWNERS",
whose address is 13490 Guffey Lane, Melba, ID 83641, and ROBNETT
CONSTRUCTION, INC., hereinafter called "DEVELOPER", whose address is
172 S. Academy Avenue, Suite 170, Eagle, ID 83616.
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1. RECITALS:
1.1 WHEREAS, "Owners" are the sole owners, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho described in
Exhibit A, which is attached hereto and by this reference incorporated
herein as if set forth in full, herein after referred to as the "Property"; and
1.2 WHEREAS, I.C. ~ 67-6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the "Owners"
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 annexation and/or re-zoning of land; and
1.4 WHEREAS, "Owners" and/or "Developers" have submitted an application
for annexation and zoning of the "Property" 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, Owners and/or Developers made representations at the public
hearings both before the Meridian Planning & Zoning Commission and
before the Meridian City Council, as to how the subject property will be
developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation and
zoning desilI1ation 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
DEVELOPMENT AGREEMENT
PAGE 1 OF 14
Meridian planning jurisdiction, and received further testimony and
comment; and
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WHEREAS, City Council, the ilfh. day of ;rLL~
199' has approved certain fmdiIlis 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 as provided for in the adopted 2002
Comprehensive Plan Future Land Use Map; and
1.8
WHEREAS, the Findings require the Owners and/or Developer enter into a
development agreement before the City Council takes fmal action on
annexation and zoning designation, and/or conditional use permit; and
1.9
OWNERS and/or DEVELOPERS deem it to be in its best interest to be able
to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at its urging and requests; 8I\~
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1.10 WHEREAS, City requires Owners and/or Developers to enter into a
development agreement for the purpose of ensuring that the Property is
developed and the subsequent use of the Property is in accordance with the
terms and conditions of this development agreement, herein be~
established as a result of evidence received by the City in the proceedings
for annexation and zoning designation from government subdivisions
providing services within the planning jurisdiction and from affected
property owners and to ensure annexation and zoning designation is in
accordance with the Comprehensive Plan of the City of Meridian adopted
December 21, 1993, Ordinance # 629, January 4, 1994, and the Zoning and
Development Ordinances codified in Meridian City Code Title 11 and Title
12.
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NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties 8ifee as follows:
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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 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the State of Idaho, organized and existing by virtue of
law of the State ofIdaho.
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DEVELOPMENT AGREEMENT
PAGE 2 OF 14
3.2 OWNERS: means and refers to LaMont Kouba, whose address is
13490 Guffey Lane, Melba, Idaho 83641, the party owning the said
property bein.g developed and shall include any subsequent
owner(s)/developer(s) of the Property.
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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", attached hereto and by this reference incorporated herein as if set
forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under City's Zoning Ordinance codified at Meridian City Code Section 1.
1-7-2 (K) which are herein specified as follows:
Construction of a professional office subdivision on a currently
undeveloped parcel south of Ultra Touch Car Wash offofE. Fairview Ave
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Development shall be consistent with the Zoning & Subdivision
Development Ordinances in effect at the time of development and with the
Meridian Comprehensive Plan Future Land Use Map which designates
the property as Commercial.
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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:
A. Owners and/or Developer shall develop the Property in
accordance with the following special conditions:
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Adopt the recommendations of the planning and Zoning and Engineering staff as follows:
SITE SPECIFIC REQUIREMENTS
1. Construction and placement of a 10' wide asphalt pathway, as called for in a
memo from Tom Kuntz dated August 9, 2002, shall be coordinated with the
Meridian Parks and Recreation Department.
2. In addition to the requirements of the Findings of Fact and Conclusions of
Law set forth in attached Exhibit B, Owner shall provide eleven (11) parking
spaces to the adjoining Ultra Touch Car Wash parcel located immediately
north of the property described in Exhibit A, and shall be subject to approval
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DEVELOPMENT AGREEMENT
PAGE 3 OF 14
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by the Planning and Zoning staff. A cross parking, access easement to effect
this condition shall be recorded prior to issuance of a building permit for the
property described in Exhibit A. The Planning and Zoning department must
review and approve the agreement prior to recording. This ail'eement is
reasonable because:
a. The Ultra Touch Conditional Use Permit was approved after a lot split
was approved.
b. The Ultra Touch Conditional Use Permit Site Plan and Application
showed parking on the parcel that was not sold to Ultra Touch, which
parcel is the subject of this Development Agreement.
c. If the off parcel parking is discontinued, Ultra Touch will then be out
of compliance with Meridian's Parking Ordinance.
d. LaMont Kouba owned the property on which Ultra Touch applied for
their Conditional Use Permit, and as Owner consented to the site plan
showin~ the parkin, spaces to be built by Ultra Touch and now used
by Ultra Touch.
e. Ultra Touch provided and paid for the parking lot now built on the
parcel which is the subject of this Development Agreement
f. A cross-parkini access easement, which shall be approved by the
Planning and Zoning Department, shall be provided for the eleven (11)
parking spaces.
3. The applicant shall comply with the annexation and zoning findings,
conditions, and requirements, that are attached hereto as Exhibit "B", along
with the conditions and requirements listed within this Development
Agreement.
GENERAL COMMENTS
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1. Down-shield or otherwise alter all exterior lighting, whether attached to the
building or located within the parking lot, so that the light does not spill over
onto adjacent properties of rights-of-way. All parking lot li~hting shall be in
accordance with Ordinance 11-13-4.C.
2. Provide signage in accordance with the standards set forth in Section 11-14 of
the City Zorllni and Development Ordinance. All si~age is subject to desiiIl
review and shall require separate permits. Temporary or portable sians shall be
prohibited, and will be removed upon three (3) days notice to the applicant.
3. Building and site improvement construction shall conform to the requirements
of the Americans with Disabilities Act.
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4. Submit a drainage plan designed by a State ofldaho licensed architect or
enaineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking are"as.
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DEVELOPMENT AGREEMENT
PAGE 4 OF 14
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Storm water treatment and disposal must be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of Storm Water
Best Management Practices for Idaho Cities and Counties and City of Meridian
standards and policies. Off-site disposal into surface waters 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.
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5. Trash: The trash enclosure shall be enclosed on at least three sides by a solid
wall or sight -obscuring fence at least four feet in heii;ht in accordance with
Ordinance 11-12-1. C. Coordinate location and construction requirements with
Sanitary Services, Inc.
6. Certificate of Occupancy: All required improvements shall be complete prior
to obtaining a Certificate of Occupancy for the proposed development. A
temporary Certificate of Occupancy may be obtained by providin~ 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 shall accompany any request for temporary occupancy. Any
temporary occupancy shall not exceed 60 days to complete the required
improvements.
7. A Certificate of Zoning Compliance (CZC) and a building permit shall be
obtained prior to the start of construction. A detailed landscape plan, prepared by
a licensed landscape architect or other landscape professional, shall be submitted
with the CZC application.
INITIAL POINTE DEVELOPMENT AGREEMENT SITE SPECIFIC
CONTITIONS OF APPROVAL
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1. There shall be no loiterin8, littering or excessive noise pollution in the
common parking lot.
2. No vehicles shall be left in anyone parking stall for a period longer than 48
hours.
3. A speed limit of 10mph shall be imposed on the common parking lot.
4. Parking lot and common area maintenance and repair, trash collection and
DEVELOPMENT AGREEMENT
PAGE 5 OF 14
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snow removal fees shall be assessed to property owners based on the
percentage of total parking stalls assigned to said property owner.
5. Ultra Touch car wash shall have access to the eleven (11) d~siiI1ated parking
stalls only.
Adopt the Recommendations of the Central District Health Department as follows:
1. It is recommended that ~torm water be pre-treated through a Wassy swale
prior to discharge to the subsurface to prevent impact to groundwater and
surface water quality. The engineers and architects involved with the design
of this project should obtain 'current best manaaement practices for storm
water disposal and design a storm water management system that is
preventing groundwater and surface water degradation.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
Follows:
1. The Nampa & Meridian Irrigation District's Fivemile Drain courses throu.gh
the southwest comer of the above-mentioned proposed project. Any
encroachments will require approved plans and a signed License Agreement.
2. any storm drainage leaving the site or returning into the Fivemile Drain will
require a Land Use Change/Site Application.
Adopt the recommendations of the Meridian Parks & Recreation Department as
Follows:
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1. We need a 10' wide asphalt path adjacent to the east side of 5-mile Creek.
The pathway could be constructed over the top of the 20' sewer easement
and should be the length of sewer line.
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Additionally, the applicant shall be required to comply with all conditions,
requirements, and Site Specific Requirements as set fbrth in the Preliminary Plat,
PP-04-012, and any future Certificate of Zoning Compliance.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Aareement and the
commitments contained herein shall be terminated, and the zoniIli designation reversed,
upon a default of the Owners and/or Developers or Owners and Developer's heirs,
successors, assigns, to comply with Section 6 entitled "Condisions Governing
DEVELOPMENT AGREEMENT
PAGE 6 OF 14
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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 I.C. ~ 67-6509, or any subsequent amendments or
recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNATION:
Owners and/or Developers consent upon default to the de-annexation and/or a
reversal of the zOrllng desi~ation 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 "Owners" and "Developers" and if the "Owners" and "Developers"
fails to cure such failure within six (6) months of such notice.
8. INSPECTION: "Owners" and/or "Developers" 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 Eniineer
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 "Owners" and/or "Developers", "Owners" 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 "Owners" and/or "Developers" 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
DEVELBpMENTAGREEMENT
PAGE 7 OF 14
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"Owners" and/or "Developer's" cost, and submit proof of such recording to "Owners"
and "Developers", prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and zoning of the "Property" by the City Council. If for
any reason after such recordation, the City Council fails to adopt the ordinance in
connection with the annexation and zoning of the "Property" contemplated hereby, the
"city" shall execute and record an appropriate instrument of release of this Agreement.
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
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12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owners" and/or "Developers", 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.
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12.1 In the event of a material breach of this Agreement, the parties
agree that "City" and "Owners" and "Developers" 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 performed
hereunder by either "Owner" and "Developers" or "City" is delayed for
causes which are beyond _!he reasonable control of the party responsible
for such performance, wmch shall includ~ 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.
13. SURETY OF PERFORMANCE: The "City" may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under Meridian City Code ~ 12-5-3, to insure that installation of the improvements,
which the "Owners" and/or "Developers" agrees to provide, if required by the "city".
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DEVELOPMENT AGREEMENT
PAGE 8 OF 14
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14. CERTIFICATE OF OCCUPANCY: The "Owners" and/or "Developers" agrees
that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Owners" and/or "Developers" 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".
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15. ABIDE BY ALL CITY ORDINANCES: That "Owners" and/or "Developers"
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 Findinas of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit
in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed is follows:
CITY
c/o City Engineer
City Of Meridian
660 E. Watertower, Ste 200
Meridian, ID 83642
OWNER
LaMont Kouba
13490 Guffey Lane
Melba, ID 83641
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Robnett Construction, Inc.
172 S. Academy Avenue, Suite 170
Eagle, Idaho 83616
With copy to:
City Clerk
City of Meridian
33 E. Idaho Ave
Meridian, ID 83642
16.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of
this section
17. ATTORNEY FEES: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
.
DEVELOPMENT AGREEMENT
PAGE 9 OF 14
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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 Aireement.
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18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that
time is strictly of the essence with r~pect 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.
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19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office.
This Agreement shall be binding on the owner of the "Property", each subsequent owner
and any other person acquirln.i 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
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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 "Owners" and/or "Developer", to execute
appropriate and recordable evidence of termination ofthis Agreement if "City", in its sole
and reasonable discretion, had determined that "Owners" and/or "Developers" has fully
performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be
excised from this Agreement and the invalidity thereof shall not affect any of the other
provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owners" and/or
"Developers" 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 "Owners" and/or "Developers" and "City", other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be bindina 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
development of the subject "Property" herein provided for can be
modified or amended without the approval of the City Council after the
DEVELOPMENT AGREEMENT
PAGE 10 OF 14
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"City" has conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or amendment in force
at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "property" and execution of the Mayor and City Clerk.
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DEVELOPMENT AGREEMENT
PAGE 11 OF 14
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ACKNOWLEDGEMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and made it effective as hereinabove, provided.
OWNER:
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CITY OF MERIDIAN
Attest:
DEVELOPMENT AGREEMENT
PAGE 12 OF 14
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(STATE OF IDAHO)
COUNTY OF ADA)
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DEVELOPMENT
PAGE 13 OF 14
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(STATE OF IDAHO)
COUNTY OF ADA)
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On this day of" ',' in the
year of ~-'7.----,,~---._~-, ~before me,.' ,~' ';~,- ~.C'~- " ~ Notary
Public, personally appeared Tammy De'W-eefd aridWilm.un G~erg, Jr.,
known or identified to me to be the Mayor and City Clerk, respectively, of the
City of Meridian and the persons who executed the instrument and
acknowledged to me that they executed the same on behalf of said City of
Meridian.
(SEAL)
Notary Public f~[Jd~o
Residing at:~'_ >." ,,>,
Commission eXI>1res:'
Z~W~\M\Meridian\Meridian 15360M\Initia1 POOI- Ro~ Construction. Inc. Dev Agmt\Dev Aplt.d6c
DEVELOPMENT AGREEMENT
PAGE 14 OF 14
IDAHO
SURVEY
GROUP
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1450 EastWatertower St.
Suite ISO
Merldlan.ld~ho 83642
Phone (208) 846-8570
Fax (208) 884'-5399
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04-057-00
Proposed Initial Point Subdivision
March 12,2004
A parcel ofland located in the Northwest ~ of the Northeast ~ of Section 7, T. 3N., R.
IE., B.M., Ada County, Idaho. more particularly described as follows: Commencing at the ~;
comer common to Section 6 and the said Section 7, from which the Northeast corner of said
Section 7 bears South 89028'06" East, 2641.06 feet; Thence along the North-South mid-section
line South 00034'26" West, 300.00 feet to the REAL POINT OF BEGINNING.
Thence South 89"28'24" East, 330.00 feet;
Thence South 00034'28" West. 372.16 feet to a point on the North line of Danbury Fair
-. Subdivision No.4, as same is recorded in Book 68 of plats at page 6961. records of Ada County,
Idaho; ~..l_:
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Thence along said line and the North line of Sterling Creek Subdivision, as same is
recorded in book 77 of plats at page 8100, records of Ada County, Idaho. North 89042'56" West,
330.00 feet to the Northwest comer of said Sterling Creek Subdivision;
Thence North 00034'26" East, 373.56 feet to the Point of Beginning. Containing 2.82
acms. more or less.
D. Terry Peugh
Professional Land Surveyors
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Th~~ above entitled arinexation and zoning 'application :.baving
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cpme on tor consideration on May 14, 1996, au the hour of 7: 30
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o'clopk p.m. on Baid date, at ~he Meridian "'City .Jiall, 33 East Idaho
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Street, ~Meridian, Idaho, ahq the Planning and Zoning Commission
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having fheard
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and taken oral and written testimony and the
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~pplicant' s representative, Bob Dauqherty ,~ppearing in person, and
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flaving duly considered the DIiltter, the Planning and Zoning
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Commission makes the followinq:
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PIRDI1IG8 OF PA~
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1. That notice. of "~public
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zoning was published for t~o (2)
;:sltid puPlic hearing '" scheduled
h.aring on the annexftion and
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con.ecutiv~ weeks prior to the
for May 14, 1996, the first
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cipublication of which wa~ fifteen (15) days prio~ to
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that the matte~ was duly ~onsidered at May 14, 1996,
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the public Vias qiven full opportunity to express
said hearing;
hearizi"q, that
comments and
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submi t evidenci; 'and that ~opie8 of 1111 notices were available to
~ew8paper, radio and television stations.
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'IIlJ)IRGS OP~~ PAO! AIID C01fC1.U8IOIIS OP LAW - .;
:;l JODSOR-KOUBA \,
PAGE - 1
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anJexation and zoning is' described in the applIcation, and by this
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that the \~property is
reference!" is incorporated h,rein;
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app~oximately 3.87 ~res in size.
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3. That the property i!s presently zoned by the county as R-T
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(RUral Trarisition); that \he A~licaDt re~e8ts that the
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be ;ii zoned General Retail and Service commercial (C-G),
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property
and half
requested~~a conditional use permft~to allow the construction of a
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commercial facility with two (2) initial retci~~t,Sal~s tenants; that,
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one (1) tenant would be Bxtreme Sports, 4~Je~ Ski Retailer, the
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other would be Treasure Valley Auto Parts, an au1!o parts retailer,
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both ~ould be providing sales,and service; that there will be an
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expressd'/lunch shop; that these prop'bsed retailers would be located
ihilithe first building, which would front on Fairview Avenue and be
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of~concrete blocK~con8truction.
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4. That currently the property halt. a ~inqle family house
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with various out-buildings, a large 'asphatt parking area 'and th.e
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balanc.' of the property is pl1sture; that the Applicant proposes
removing the house and out-buildings.
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That upon completion, and as demand requires, the
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Applicant proposes the construction of two (2) additional WR & M
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Steel BuiUiing,s,lI; that these two constructed buildings will be
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towards the rear of the property; that the anticipated tenants will
be 'j!geared towards the ..uto service industry, auch as, an auto
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detailing '$ho'p, muffler/lteldinq shop, and recr,:~tionill vehicle
repair shop.
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PIIIDIROS 0'" PAC! AIID COIICLUSIORS 0' LAW -
JObSOIf-ItOUBA
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request of the City of Meridian.
f,., ~ 10. ,~ That~ the property c6Uld W1;;.physically
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"l water and sewer.
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6<< The qeneral a('ea surrounding the property is used
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primarily for co~ercial purposes; that the prpperty to the north
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is being d~veloped by AVEST PLAZA for the ," Fred Meyer shopping"",,"
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center; that this;, property is 8i tuated betw_n M..i-idian Auto Sal~s
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anq Roundtree Chevrolet, wrich are ,.;r,zoned ~ommefcial.
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.~ 7. Tha.t the property is 'adjacent and abutting to the pret!l,ent
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City limits; that the property suriounc1ing this lot is in Meridian.
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,,' 8. That the property 'included in the annexation and zoning
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l!lp'~lif(:ation is ~ithin the Area of Impact of the City,.pf Meridian;
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that the';; parcel of ground rE!lqu~.ted to b. 'an~exed is presently
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included within the Meridian Ur~ S._rvice. Planning Area (U.S,.P.A.)
n !~ ~ ~
ai the Urban Service Planning Are~ is defin~p in the Meridian
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Comprehen8ive pran.
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'1' 9. That Lamonj: and of Meridian, Idaho, the
';i Lynn.' Kouba, are
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of the property and have requested this annexation and ~,
;.": owners
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zoning and conditional use and the applicatiori is not at the
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serviced with Ci ty ~'
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11. APpli~ant"'s reprelSentative, Bob Daugherty, testified that
~ this application is for . proposed commercial d~velopment which
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would" be primarily geared towards the atomotive and recreational
industries; that the initial .ite plan reflect;d~an entry on the0
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west side 0(., the propertY1 that after conversa~ions with the Ada
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County Highway District (ACHD {, they suggested mo~ing the entry to
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PI.dINGS OF FAC~, AJfD COIlCUlSIOBS or J.AW
JOIIJISON-KOUBA
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theeaat .ide of the property which would be next tQ, the Roundtree
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Chevrolet dealership; that the ~." .ite plan indicates', as did the
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old"ilite plan, that on the v.at side, of the, property it is bordered ~
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by Meri'dian Auto Sales and on tAt! .a~t a'ide of the property is'
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Ro~dtre., Chevrolet; tha~_~, dirC!Ctly to the south of the land is
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vacant prop.rty h tha.t on the '.OUthe~8t aiefe of ":118 land is Danbury \,
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SuHdivlsioD; that on the ,.outbwest~corner of the property is the
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Pi;e Mile Creek Drainage; that the Initial 'building in the front
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would be a block '~buildin9 and the r4U,,4 btlildinqe would Wb.
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c;onstructed of R andM Steel~~that tli. belief i~.:. that this facility
will fit in this area; that~h~ five' foot si4ewalk, mentioned in
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st';ff "8 cOllllents to conn\ct to the ..ldewalk on Fai~iew Avenue, is
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addressed in tbe Ada County Highway Di.trict~~ ~pact fees; that
the" 35 toot setback;, along the main corridor of ~Fairview Avenue is
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arit~cipated to be bermed and landsc'&fed.
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k Mr. ~~Uqh8rty adcUid that thEe ,are two ~iwel18 currently op th.~
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'''Property; that the Applicamt eXpects to abandon pqp and anticipates
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u~;ing the other for the preslIurizeci "'irrigation system; that the R
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andm K,,,,,Steel buildings::: ~ill be conatructed Ilnd ," divided up,,,,,with
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par:titions according to dA~"d, separating them for individual
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uses.
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Commis.ioner Heppe; c~ted that Roundtree does not
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have
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.ervice doors
facingft south towards
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Danbury Fair~'
any
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Subdivision .~d that he is concerned about what is marked as 'H, ~O,
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P and 0" wh.,(Jre the ..rvic:e, door.: on those would be in re,latfonship
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PIltDXItGS Or 'Ad! UJtCOlICLUSIOE OP LP -
JOBRSO.-KOUBA" 1
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to the entrances to Danbury p;fiir Subdivision; th~t there should be
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:I!lt ,'i) l.a~t a 20 foot'" planting strip' "cin the .outh with non-glare
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\;!i; lights and no outside '..peakers which could be obtrusive to the ~
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retfidents
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on the other side of the fence.
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Commissioner MaC~OX comme~ted tht:t the 1(pplieant consider
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mounted lights which are .hi.lded so you don' t have
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way out into the back ~ndwhich would create a proble~~
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lighting
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14. Diana Boyd
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eont~nation; that the
testified req,*rding heri$ concern of
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Applicant i. .' little premature in trying
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to'~et this property rezoned to coanercial until th~ contamination
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is cleaned'upi that she has spent a lot of money in trying to get
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Mr. Kouba to clea.n uB the contamination; tha.t it has not been
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c;).eaned up on her area which i. contandnated from his side of the
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fence because" it was a spray service'; that benzin~ and chloradine
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are- on herjside of the fence which has not been cleaned up; that
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the~Applicant has a be~utifu~~laid out plan but~~he~oesn't think
it is going to look like the plot looks,.
lS. Bob Daugherty added that th.,~c'~ncerns over contamination
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"'" are l_gitimate cone.mlll; the Depart.J1ent of Snvirorlfental Quality
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(DE(tL that was investigating the area and the property; that he is
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certainly willing to have this anne~ation.. and zoning and
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condltional~se permit contingent on Having .a clean bill of health
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from),} the'" State of Idaho Department;'+3;of Bnviroruaental Quality. In
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addition, he~has elected not to even try t~, put in an auto body
shop and would have no)( problema, with required conditional use ~'for
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PIHDI.as OP PAC~ AHD COIICLUSIOIlS 0' LAW -
JOO'J)R-KOUBA
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16.
Eleanor an<! Rod. Jc5hnson testified that they,;; own the
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property on which Roundtree Chevrolet si.'ts, which L. B. Industries
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~is leasing, and the property to the east of Mr. Kouba's
property
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which i. one full acr. to the back along the can~l bank; that the
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fence line h~s been moved; thaethey don't want access across their
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property. 17 . That the ~Meridian Police :pepartment, Fire
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Department, Assist~nt to the~Meridian City Engineer, Ada County
Hi.ghway District, Merf'dian Planning ,'<"Director, Central District
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Heal tQ Department, "and the NaJJlP& & Keridian Irrigation District
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submitted comments;}., that those copents are incorporated herein."by
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this feference' as if set forth in full."
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That
Bruce
Freckleton,
Assistant
th~
the
C~;ty
to
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Engineer, submitted the~following comment~:
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1. That a legal description submitted appears to
describe the subject parcel, however ther~ appears to be
an error in the clo.ure. ,.,<"
2. That the site will be contiguous to several parcels
already within the Corporate City Limit and that the land
surveyor preparing the leqal description for Annexation
should contact the Public Works Department to discuss the
legal description. -;,
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3. That ;apy existing irrigation/drainage ditches
w crossing the "property .hall be tiled.
4. That any existing domestic wells and I or septic
systems within thiG project will have to be removed from
their domestic service per City Ordinance, but wells may
be used for non-d~stic purposes such"';as landscape
''f irrigation.
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" 5. That water~ service is continqerut upon positive
results from~: Hydraulic?J analysis.
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~!BDI.GS OF FACT UD COllCLUSIOIfS OF LA. -
J~IDlSOH-JtYUBA
PAGE - 6
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6. That at drainage plan de'signed by an FChitect or an
engineer shall be submitted for .11 off~street parkinq
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-& 7. That outside lighting .hall be designed and placed .-'
so as ~o Dot direqt illumi~~tion aD any n~arby
residences. :.'!.-, ''"
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"'8 . That all :.ignal3e,~.hall
Meridian City Ordinance's
be In ..6cordance with
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9. That off-street par~ing, paving and strippin~ 'Shall
all b,; provided in accordance with City Ordinances and
that the paving and .triping .halD be in accordance with
the AIlericans with J)isabilities Act. ,~
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10. That water service to this developlllent .hall be fr6'm
an extension of ;""the exiltting 8 inch diameter main
installed along the ,outh~ly side of Fairview Avenue;
,ro,' that all wat.er .ina aha'll be, in.taIltid at. 'subdivider' &
expense; that location of tire hydrant, water main lfizes
,and locationll shall be, 900rdinated with the City of
Meridian'. Water Works Superintendentr that Development
plans shall be revi,wed and approved through the Public
Works Department.
11. That sewer service to this develppment shall 'be from
an existing main t.b.at is in place along the west side of
the site; that ali sewer .in8 ahall be installed at
s-ubdivider's expense and coordinate sewer _in sizes and
location..: with th. Public Works DfPar~nt; that
Development plans shall be "'reviewe4 and approved through
the Public Works Dep~rtMnt.
12. That the treatment capacity..,'bf the City of
Meridian's Wastewater Treatment Plant is currently beinq
evaluated; that approval of this application needs to be'
contingent ;tupen the C:J.ty'. ability to accept the
additional sanitary sewage generated bY:<f this proposed
9~velopment. ~,
~3 . Indicate any exi.ting l!'BJIA Ploodplain _Boundaries on
the Site Plan .p, and/or any plans6 to" reduce said
bound'aries. ,c", <, ,:
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1.4. That~' the, Applicant iShall d6velop pressurized i,i
i.rrigation syst_ plans for the subject site due to the '
area to receivII irrigation.
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Th.1; the Planning and Zoning .Ad1Ii.nilitrAtor, Shari Stiles,
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'INDIRGS 0' PAC~ AJIJ) C0llCLU810JfS OP I.Mf -
JOBllSOK-KOUBA
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submitted comments and they are incorporated herein as if set forth
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in full, as follows:
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1. That this request for Annexation and Zoning of C-G:';;
with a Condition Use Permit is s:con,sistent w~th the
Meridian Comprehensive Plan~and is located in a Mixed-
1: Planned'iUse Development area as shown on the Generalized
Land Use Plan. ~ s
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2. Ada County Highway District policy requires that
acceS$ from ~~irview tq this development be located on
the east side and that cross access agreements be Qntered
into for the properties east and west of this parc~l;
that the site plan may be, able to be flopped to
accommodate this requi~nt. ~
3. Provide fire access' and hydrant locations in
accordance with the Uniform Fire Code,;and Meridian Fire
Department policies.
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';.4. c~Fifty-four (54)"' three-inch,j,;'(3") caliper trees are
required for this dev.lo~Dent, b~t m~y not be located
over the :existing sewer line or over oEher utilities as
depIcted; Applic'ant shall revise landscaping to relocate
trees ..~ :~,
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5 . Provide. a copy Of the executed license agreement
with Nampa-Meridian Irrigation District to 1illow planting
within their easement right-of-way,prior to obtaining
building permits. If trees are not al1.owed in this
easem~nt, treess'hown will need to be relocated.
6. Coordinate dumpster .ite locatio~, with the City'S
solid WAste contrtctor; Sanitary Se~ices, Inc., so as
not :\1 to impede fire acceas and 'aJldumpsters shall be.
contained in a screened .nclo8ure'~ :oJ ~ u,
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7. Dedicate four ('4) additional teet of right-of~way on
Fairview Avenue, (54' from cs'nterline). ,,,Furnish a copy of'
recorded warranty deed for dedication"~ of additional
right-of-way prior to obtaining buildinqpe~ts.
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8. Provid~~a thirty-five (35') foot landscape setback
beyond required right-of-uy. Applicant to provide
detailed landscape plan including berming d,tails for
approval prior to obtaining buildinq ,', permits.
Sidewalk/ curbing should be installed along Pairview
Avenue to provide finished appearance. ACBD has
requested that monies for th'. sidewalk be deposited into
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PIRDIIlGS OF PAC~ UD COJICLUSIOIS or LIJf -
JOJUfSOR-KOuu.
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20. ;'.~; That the Ada County Highway District "~bmitted comment. :~
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and they are incorpo~ated herein as if 8et forth~ in full. That the
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District ilIubmftted aite apecific requir_nta, "hic!J.are as
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PIIIDIRGS OJ' PaCt DO ~I.S Of LIlt' -
JOBRSOI-KOUBA ~
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9. Applicant to provide curbing and under9rou~p
'" sprinkler ~8t.. for ",all landscaped areas. ':~" !J,
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10 ~" Maintain twenty-foot (20') buffer strip adjacent to
Danbury Pair Subdivision '.11: sfiown on plan. The R-T
property to the sop.th -.y ,.tiao req'\!,.re addi t19n41
buffering by meaps,.of fencing/l4Ddacapiri~.
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11. Provide temporary fencin9~~o co~tain debris during
construction. ;". 1i' ,; ':-i
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12 . Thai: all pav~g, i'triping cd aign.g. of the parking
lot to be in accordance with Meridian Cit}f OrdinAnce and
the Americana with rPiMhillti..: Act. "
13. Liqht~g shall not. i1lufainate 'adjacent residential
properties" or cau~ glare~, 'I\;: "j.
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14. A dev.lo~Dt ~g~nt/detail~ conditions of
l!i approval are r~ired a. . condition of annexation; t.hat
all uses shoutd be developed under the conditional use
permit process. ;~"
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15. That the Appli8ant shall provid~ a revised site plan
meeting all statf and agency requirqents prior to public
hearing at'{'\'Cit.y Council l.vel. ;';
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1. That the Applicant dedicate S4 feet of right-of-way
from the canterline of Pairview Avenue Abutting the
" parcel (4 additionAl feet) by _anll of, recordation of a'
Mffnal subdivision plat or execution of a warranty deed
p~ior to iSII1laD.Ce of a builcp.ng permit (or other required
permits) . ;.f, ,:.
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2. Provid. it $1,275.00 daposit to the Public Right.a-ofr
Way 2'ruat ,J'lnd for the cost of, constructing as-foot wiei.
concrete; sidewalk on Pair9'iew Avenue abutting the parcel
( approxaately1S0 feet). .~
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3.
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Construct a 36' wide ~iv..ay ~pcated"at "'tb;is aite'.
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ee.st property line. IJ.'he drivewe.y shall be paved a
mnimum of 30 feet into the site and shall have 15 foot
'~,c. radiir..p~v_ent taPFs'. ",,, '" .j
'~I~ .
:'~ Ii;
" .. That the Applicant be required to provide cross 'f
access eaSe1Ients to the parcels abutting the site's east
and west (the parcel south of Meridian Auto Sales) to use
shared ace... points' for IlcceUIS to Fairview Avenue;~ prior
to issua,nce of:"a blJildiD9 permit or~other required
permits. /.i The District intends to require a simila~"
~a9reement of the owners of the parcels to the east and
west if they are the li'jlJIbject of a future development
appli~atioD. '~i: ,,, };
I:,
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5. Other than the access point specifically
with this application ''i direct. lot or parcel
Fairview Av~nue is prohibitil!ld.
,.~
approved
access to
""',
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21. That the Se~er Department submitted a~comment regarding
the condi tioDal use request and such ccmuent is hereby incorporated
w
her~in &51 if set forth in full; "'that a
plumbing plans be submitted; that review of
pretreatlBent purpose will be required.
22. That the Water Department commented that the plans for
~
copy at the J.nt,ernid
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construction plans for
;J;
~
the proposed water main,
fire. hydrants ilrid domestic
service
~~~
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lopations~ and sizes need tab. submitted to the Waterl~ Department
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aDd reviewed.
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23.
'"
That commissioner MacCoy aubmitted statements regardinq
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this application and they are, hereby incorporated herein as if set
.;to. :(~
forth in full; he commented he had no objection to this property
$ ...' !~; ~\';
be+ng rezoned to C-G in light of """.hat. is already II~, zoned and
co'hstfUcted along Fairview Avenue ~ that he dqes ~ obj ect to the
I.'
property to the south being zoned C-G in light of other County R-T
m
locClted there.
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;1.10
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P'IHDI~ ",OF PACT DD CORCWSIOlIS .,;LD -
JOBll8~.KOUBA
'~
PAGE - 10
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10
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24. That the following pertinent statements are made in the
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Meridian Comprehensive' P~m1:
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Under ECONOMIC 'bEVELOPMBN'l', aconomic" Development Goal""
Statement
t(:
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The char~cter , site iJaprovements ~:and type of new
commercial or industrial developments should be
harmonized with the natural environment ang respect the~
unique needs ,and features of each area. ~
~~:~, .
It is the policy of the City of Meridian to sUPPoJ;';,t
ahopping facilitie, ",hlch are effectively integrated into
new or existing residential -=-eas, ._, and ljl, plan for new
shopping centers all growth and development warrant. w,
t,'.";
B.
Under LAND USE
~... ::"Y.
III
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5.
MIXED-PLANNED USE DEVELOPMENT, Pa9~ 28
{f,
~.i'/
. ~.
Mixed-u.e ~.a at Locust Grove Road and Fairview Avenue
PIu. Area North of Fairviri Avenue. ~l
~.
These areas are'within Ada County, but nearly surrounded
by the City of Meridian. The area is charac~rized by
large rural lots, and a sparse development pattern. In
order to stimulate planned development in theSe areas,
the following policies apply:
a. 5.16U All developJlent requestS'>will be subject
to development review and conditi9nal use per.mit
processing to ensure neighborhood do_patibility.
~
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5. 17U A variety of coordinat~, planned and
compatible land uses are d.8irabl~ for this area,
including low-to-high denaity residential, office,
light industrial and cOiRercial land uses.
S.18U Exi.t~nq r.s~d.ntial proper~tes will ~e
'j; protected from ~ncompatible land use developIIlent 1.n
this area. Screening and buffers will be
incorporated into~ll development requ.sts in this
area. ^
;~.
~.
'-.'
Under COMMUNITY DBSIGB, at Page 71
~
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1.
Entryway Corridors
i:.L
2.
t.o .~
Fairview Avenue (Bast entrance).
((~(,
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PX.DXaGS OF FACTi;AHD COlICLUSIORS or IA1f -
J0JD1S0R-KOUBA
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3.
Entrance Corridors' Goal Statement, Promote,
encourage, develop 'ir, and .intain aeathetically
plea'lIing approach,es to the City of Mti!ridian. ,,,
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3.
policie., Page 71
",:
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4.3U Us, the COlnprehensive Plan, subdi';;ision
regulation's, ana zoning to ~di1!tcourage strip
,\~ developmen~ and _:qcourage clustered, landscaped
business development on en.trance.corridors. ,'"
~': L,. ~..... ':\ ~ao.1
1:
"1
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b.
.'''4.4U Bncourage 3S;-foot landscaped setbacks for new
gevelopment on entrance corfidors. The CitY~8hall
"feqy.ire, as "0 a condi tiOD of development approval,
lanascaping <<long all entrance,;&o,rr).dors.
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4.
Neighborhood Identify Goar'policies, Page 72 ~
~ ~
~~
a. 6. 4l;J L~t y ,: thef conversion:i of . predominantly
res1dential neighborhoods to nonres1dential uses,
4 and require eff6ctive buffers and mitigation
measure. throuqh:-i qpnditional use permits when
appropriate nonresid.ntial uses are proposed.
\~
~
2S.~That the prop..rty~is ",includf!ld within an area desiqnate&
'ii!
c<: on the Generalized Land Use Hap in the Meridian Comprehensive Plan
as ~ cOlDID8rcial 'area,; that the commercial area" is ",in an area that
,;
i.i listed as a Mixed/Planed~,;Ulle Develo~t area.
.r:.: A.....
ff!
26. That the requested zoning of General:~Retail
t,
. ~ .
Commercial, (C-G) 1.8 defined in the Zoning OrdinC!nce at
iii
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ii.
,~
and Service
11-2-4'08 B.
~,
.',~
11. 'as follows:
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(C-G) Gen~r~~ R~l~~~ a~q,se~~ceco~rc~al~ The p~o.e o~
the (C-G) DJ.strJ.ct 1.S to i'rovJ.de, for cOlIQercial uses Wh1Ch are
customarily operated entirely or almost'" entirely within :a
building; to provide for a revi_ of the impact of proposed
commercial uses which are .uta and :service oriented and are
located in close proximity to major highway or arterial
.tr.ets; to fulfill the n..,1 of travel..._~elated aervices as
well as retail aales for the transient and per.anent q,otof!ng
public." All such districts shall be, connected to >- the
Mun1cipa11ater and Sewer ~"tema of the City of Meridian, and
shall not constitute strip commercial developqent and
encourage clustering of c~rcial d,evelopment. ..
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PIBDIXGS OP PACT A1ID COJICLUSIORS"OP lID' -
,,JOJlllSOR-KOUBA ~~:s
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PAGS - 12
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27. That Sec~ion 11-2-409, ZOlIIMG SCHEDULE OF USE CONTROL, B,
~ ~
Commercial, list~ commercial uses allowed in t4e 'various
~ ~ ~ ~. ~ ff
districts of the City; th~ individual department' stores,
,:,
zoning
r.etail
I..::r.}~
stores, r.staurants, and whol';i(esale facilities', aXe allowed uses in
~ ~
the,\sC-G district; that planned'" cODlllercial develop&ents, are an
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""",,: allowe~ uee in the C-G district.
" t%; '$ ;3!,
~ "",' 28. That Planned Develqpmene' is defin~d. in 11-2-403 B, at
.. ~~
pAg1f 20 of ,~he Zofiing Ordinance, boo~~t, as"f~lldws:"
"
~~
~
':~
;;; "An area ot. land which is deve}.oped as a single entity foX' a
;;) number of uses in combina~ol1 with or" exclusive of ,.Qther .,
;; 8upportive uses. A PD lIaY be entirely residentia"i.,
_ industrial, or cODlDlercial or a mixture of compatible uses. A
'ft"PD does not necessarily corr.~pond to lot.ize, bulk, density,
,J.ot covera9'~ fequired, open space or type of residential,
"M co_ereialor industrial p uses as established in anyone or
\r more created districts or this Ordinance."
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and a Planned General Development ia defined as lqllows:
M ~
.t A development not othe&ise distinquisbed'~ ,pnder Planned
,,~Commercial, Industria.l, Residential Development-a f or in wllch
'~-the proposed use of interior and exterior apaces requires
~,unusual design flexibility to "achieve a completely logical and
".'complimentary conjunction o~ u..s and functions. This PD
ilassific4tion applies to essential publi$? .e~ices, pub~ic or
~ private recreation facilities, institutional ~$es, co.munity
"facilities or ~r PD which includes a mix df residential,
Y ,;; commercial or industrial ulIIIes. II "',
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~9. That in 19,9l the Idaho State Legts"lature passed ,"
!<; ,-"
'I; $ 'amendfnents to t}1e L~al Planning Act, which in 67-"6513 Idaho C9de,
:!~ ~..;; ...... . ._;..;
relating to~'~bdivi~ion ordinances, states as folrows:
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"'Each such drdinance may provide for .i tigation of the effects
~;of subdivil!}ion developaent on the ability of poli~ical
subdivisions of the state, including lIIchoo"~ districts, to
deliver services without compramisinq quality gf aervice
delivery II to current re_id.ntl!lt or impo.in<.i 'Substantial
additional costs upon current residents to acco~d~te' the
subdivision.-; ~
~
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PIRDIlIGS 01' I'AC!lt.JUfD COJ1CLUSIQ)JS~~O' LIJf -
JOBRSOll-KOUBA 'l\ "f;~
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PAGB - 13 i'
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the City of Meridian is concerned with the increase in
:"..4
that
;\1
populati~n that is
Z ~)t .~
ablE\ to provide fire, police,
.~;:
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.... :_.;.,.:~: -'...' ;',.6
occurrin9~and with its impact on the City being
;:.:
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eJJ1ergency heal the. care, water, sewer,.
. A ~~
to" its cUX'rent residents and to{'i t.hose
paf:ks and recreation service.
~,
~ ~~ .
m~ving into the City~ the City is ~l.o~'concerned that the increaae
. ~~ .i..~ '~1 ~
_. . It! U ~;...: I. ,'~:
in populat.1.on i., burdening the schools' of ~he MerJ.d.1.an School
~ . ,~ ~'~:-;.
"" District. which" provides .cho~l '$rvice l'ito current end future
"
a~~ ~
residents' of the City~ tha~ the City knows th~~ the increase in ,^
~ J.: :t; ~
'"
and th. housing for that papul_tion, does 'hot
~~ ~ :q !-:.
increase the t~?C base' to offset ~'he cost of pro~iding
'd'
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fire, police, "eJD4ltrgency health care, ~A~er ~ '1 sewer, parks and;c;
:.,:; ~.;---< ii1!.
recreation services Jand the City knows' that ~~rthe increase in
''{f
population does not provid, sufficient tax base to provide for
~
po~ulation,
~.ufficiently
~.$Y:
~~ ~
"school .filrvices to current fnd future 8-':udents.
30. That pursuant to the instruction, gpidance, and direction
!f!;
tt:: ~ ~:
" ~f the Idaho State Legislature, ~he,~;; Ci-';y ~y impose either *
m ~ :t. .~: '~:~..
development fee or a tranaf&r fee. on reaidential property, Which,
~ ~ ~
::".,"
if possible, woulq be r.tr08ctive, <<ad apply;~o all lots in the
<<
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City, because of the 3.11perilment to the he'4lth, "elfare, and safety
]1~-:
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of the citiz.ns of the City of Meridian.
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31. That Section 11-9-605 C 8t.ates a8 follow.:
llRiqht-of-:-way for pedestriaa walbtaya in the. ndddle of long
blocks may be required .here ~ec....ry to obtain convenient.
'pede.trian ciraulo.-tieD to 'SChools, parks ,~'Jo~t: shopping areas';
the, pedestrian easement shall be at leaijJt [" te~: feet ( ];0 ' )
wide. ~ :" ,,,-'Ii (i>
*
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32. That. Section 11-9-605 G 1. state. a.~f~llow.:
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PIIlDIRU or rAt3 UD COIICLUSIO.S 01' LA1f -
J.QJDrSOB-ltOUBA ~: ,I
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Jplanting strips shall be r~r.d to ," be plac~ n~xt" to
incompatible' feature. such a. hiqhwaY.'r railroads r c01ll1lercial
or industrial use. to IICreen th. vi.,- frOlll r4!!sidential
properties. Such scrweninq .hall be a mihiDauD of twenty feet
(20') wiste, '~nd shall not be .' part of the normal .~~~eet right
of way o'%:' utJ.lity eU8Dlent .,.: ,~ >;f.:' eM
...~..
~';i
33. That Section ll-9-605 B 2. stat.. as follows:
" "Existing natural :f~atures which add value i.; to residential
developm~nt and enhance th.: attract.iv,neas of the community
( such -as "'-'trees, watercou;,e,~, historic .pots and simil~r
" ,~ irreplac~~l~ "amenities) .hill be pre"'~JNed in the design of
th.~.ubdJ.vJ.sJ.on;. ~ ~ ~
:,~
';,;
34. That Secuion 11-~-f05 L sta:8S; as~fo~lows:
lfBicycleand pedest.rian "pathways' shall be encouraged within
, ,n.v developments as part of the public right 0; way or as
;;.; separate easements 80 that an alternat.e transportation" system
(which is distinct and .a.pirate from, the automobile) "can be
provided throughout t.he City Urban Service. Planning Area. The
coDPdssionand Council *ha11~con.id.r thl~Bicvcle-Pedestrian
~sicnl ~J1al. for Ada ~~~":v Ja. p:epared by Ada" Coul;1;~Y
BJ.ghway'; D1str.1.ct ) wben revJ.ew11lg b.1.cycle and pedestrl.an
pathway provisions within dev.lopaent8~t ("('.., 'f
fl'(
35. As stated above in paraqraph 3, the;i,,~pplicant submitted
~
application for 'a conditfb~~ use to allow co~ercial re~~il
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~:
~
IV
~
an
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sales busine..e. caterinq to recreation.l and j!~uto industries; th~t-
such material on the conditional u..' permit).~ incorporated herein
~ ~ *
by ~his reference as if set forth in full; th_t the Applicant did
,;,::.
not ;~pecifically address the conditional use ior the
~: ~ ~l: .'J." :=t ~..
'~"wholesAle/ret.i:t' busi_ss at the public hearinq; that as found
~~ .:~? ..'" ".-. ~
above, :t the Plannincf Director ",tated that the",App11cant nee4s to
:;'~rovide a minimum landscMM! .~ack of 3~ \:!f~ot from the required
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~.'; "':,~ ACHD right-of-way; tba1: all outdoor .torage, of equipment and
:ij materials shall be screened frail. view froll any existing adjoining
?t
~~
residence or residentially zoned area and not located in any front
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PXIIDIRGS OF PACT UD Co.CLU8IOIIS OP IMf -
JODS~-ItOUBA
i ~:.t{
:V PAGE,,; - 15
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yard setback 'fIrea ~ that the display area .hall be upcluttered; that
lii
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all off-street parking areas and all ditches be I.' tiled per City
,,",
Ordlnanc.~ that the lighting .hall Dot cause glare 9r adverse
i:;
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~ ~,
impact to re&idential properties or traffic ~n Fairview Avenue;
~r~
~
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that a g.evelopment a1jreement shall be requi~ed as ,,:8 condition of
:~~
~.!. ~~ t~; .)1; ~,
annexlltion; that a Certifi~te of-' Occupancy is required prior to
,~~\.
opening for business and that ;!.,tff~ location ". of the handicapped
~\
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parking stall be ~djacent to the buildin9.~'
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" 36.):; That there are cOJJIIlercial uses on both sides of Fi!Lirv~ew,
it:
'i
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~ ;!.i .w~
,including It used car lot, a retail paint store, It fitness center on
~, ~~. %
~ ~ ffi
the north side of Pairview, and restaurants on the north si~ of
"
j~\
;;~ ~.~ "
Fi:irview?" also on the"' north .ide of Pairview Avenue there is 'a
" .'
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..,
,"; carwash and an emergency ;'medical offic~; thft farther .9ast on
Fairview Avenue is an Intermountain FarIller re"tail store. .,." !if1'
37. That proper notice was given as required by law and all
rt
~
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procedures beforEl the Planning and Zoning Commission and City
....~.~~ ~
:'~,;' Council" were 9i ven and followed. ",';<
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COIfCLUSIOBS
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1.
"I
That '1111. the procedural requirements of the Local
planning Act and~of tne Ordinances of the City of Meridian have
;~
been met; including the mailing of notice to owners of property
!<i
"' ,'.
within ~300 feet of the external boundaries of the Applicant's
,'Ii
:~
;, p:f~perty .
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2. That the City of Keridian has atAhority to annex land
~l:~ tJ ".~ :.i(
l/'pursuant to 50-222, Iqapo~, and Section 11-t-417 of the Revised
r,
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;tPIJlDIBGS OF lAC'! AIID COBCLUSIQIfS 0' LAW -
g"b'01Dl80J1-KOUBA
f+;
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PAGB - 16
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'and Compiled Ordinances. of the, City of Herid!~; that exercise of
~ ~~: ~
the City's annexation authority ia . legislative function. .~
~ :~I ~'t:"=; 3: ;;'f :~~~
'"
That the City Planning and Zoning Commission has judged
:~ -:1:
, N
th~l\e 'annexation, zoning and'~ conditional u.e applications under'
~
iI"
3.
Iga'h9 Code, Sec11ion 50-222, Title 6"1#, Ch..pte';::~ 65, Idaho Code,
~ ~ ~~. ;'.
M.ridian City ordinances,"'ridfan,;COl1preh.n.ive;~l&n, as amended';
. ~ ~ ~
and the record submitted to it and things Of which it can take
.~:j r~
judicial notice.
;..":. ~
~i~
:=';1
4. That all notice and hearing requir~nt.: set forth in
~;.\
Title 67, Chapter 65, Idaho Code, and the Ordinances of th~ City of
&~ ~~ ~
Meridian have been complied with.
4:
~~:
\i
That the Council ..y. take judicial notice of government
;:'
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ordinances, and policies, and ot.' aclbal conditions: existing within
5.
1.1
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the City and State.
.;;'1
i;';
6. That the land within the proposed annexation is
contiguous to the present City limits of the Ciiy of Meridian, and
the annexation woulCl not ~'" a shoestring annexatipn.;~ 0,'
~ 7 . That the annexa;tion1 application has been initiated by the
>,
H ~
Applicant with the consent of the property ~er, and is not upon
/1'
the initiation of the City of Meridian.
~
8.
J ~
That '.ince the annexation and zoning of land is a
legislativli function, the City h-. authority to pl'ilce' conditions.
,i'
~
up~n the annexation of land. 1m ... ':!1. ~y of Idaho Falls. 105
~~J
Idaho 65, 665 P.D 1075 (1983).
-.;..~
9.
That the develoP'l8nt" of aDD"eld land mu.t ..et and cOJllply
:~
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PIBDIRSS :OF PACT JUID C01fCLUSIOU <>>' LaW .;,
JODSOIf-KOUBA
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'" w!~h the Ordinanc.. of tha City of 'Meridian and in particula:r;
Section 11-9-616, which pertains to developIll@t time ~chedules and
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requir~nt~J and Section 11-9-605 M., which peq.,Ltins toEh.~ ~ilinq
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of ditches and waterways.
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10. That the Applicant's propoaad use o~ the property is in ~
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compliance with the Co.prehensive Plan, and ~therefore the
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annexlltion and zoning Applicat!oJ?- is in conformance with the
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Comprehenslva P~an.
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11. ~he: Applicant has wtated and represented that its
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intention is tp have businesses'" ~elated to the automobile and ot~ef
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motor vehicles, which are, permitted ul!il'ee in t-ne'C-G district.
" 12. That, as a condition '.of annexation and zoning of C-G, the
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Applicant shall be required to enter into a development agreement
as0authorized by 11-2-416 Land 11-2-417 D; th~\ the development
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agreement shall address, among other things, the following:
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1. i~ Inclusion into the development of the' recfuirements
9-605 p
a. C, ped..trian Walkways.
b. G 1, Planting ~trips.
,,' J:: . B, Public 5i tes and Open 5pacellf." ie"
"do. X, Lineal op'en Space Corridors. I"
e. L,Ped~.trian and Bike Path Ways.
f. M,~Pres.urized Irrigation
of 11-
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The concerns of the owners of property along Fairview
Avenue, stated in prior public hearings, wefe, of having
lights, particularly automobile headlights, shine into
,~heir yards and homes.
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Payment by the Applicant,'" or if required, any ""as&igns,
heirs, executors or. personal representatives, of any
impact, developPlent, or transfer fee, adopted by the
City. ~
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Addressing the access linkage,
screening, buffering,
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tr'bs'itional land u..., traffic' Ii"tudy and ritereation
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5. >~~ An impact f" to help acquire .' future echool or p'ark
sites to serve the, area. 8
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Appropriate berJDing,:and landscapinq. ~',
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Submission ,end ;,l-pprOVlll of any required pUtts.
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9. \> Barmonizinq 'and int.qra;~inCJ the s.;t. iDprovements with
any e~i.ting residential d.velo~nt.
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10. Establishing the 35 ,'oat; l~ap$:l._tback ..: mention.t:d
in the PlaDDinq Director.' comments and in the
COJIpr~?en.iv. Plan", a~d land,capinq the Salle. "
'" e, 11. Addressinq the other co....nt. of the'.,Planninq Director,
,~ 0' Shari Stiles. ,cr ..0
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An ua'pact fee, or !" f..., for park, police, and fire'
.ervices .. deterD!ined by the City. :~ ~(
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Ifhe sewer and. water requirement..
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Traffic plans and 4CC...S int:o and out 19f the development.
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And 'any other it;~ d;-.d Dec...ary~bt the City Staff,
including de.ign rev!." of :all development, and
conditional u... proce.lIIinq ~.. required under the Meridian
Compr..h~nsi Va Plan. "if ~!
That SectIon 11-2-417 D"~bf the MeJ:idian Zoninq Ordinance
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"states in part a., follows::
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,," "If property J.. ~ed and zoned, th. City _y require or
" perud t, liS 'a oondition of' the zoning, tha1;/. an owner or
dev.loper make a titten c~~t concerning the use or
development of the p,bj-.ct property . If~, a' cOlllllli:bUJnt i.
~ required or per.mi~~, it ~hall be recorded in the' offioe of
the. AcJa County Rilcorder 'i~~ and sball tak~ Jlffect upon the'
"i..',~":;! adoption of the ordiDanc. annezing .and zozung the" property, or
prior if aqreed to bJ the QtfIleS of the parcel. .' . . . It ;
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that sincr'the enactlllant of the 'above, ..ction, .;,the City ha. found
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€hat it i. difficult," for th., City and th. Appljplnt to enter into
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a develo~i1t aqre..nt prior to annexation; tila-t it is therefore
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PIRDIIfGS or ,.~ AlP) COlCElVSI0118" OJ' L&1f ,l"
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cqpcluded thab~ a development agreement
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shall be entered into,
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preceding section prior
dealing with t~e matters set forth in the
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9 td issuan~. of a building permit:
That:' it is concluded that the annexing' and zoping of the:i
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p~operty is in the best int~rest. of the City>"; of Meridian.
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15. That it is con~~ud.d~that 11-2-418 ~of the Revised and
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c~mpiled Ordin~nces
standards under which
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of the City of Meridian :'sets forth the
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the ~i~~ Q6B~il s~ll~review applicati~ns
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Permits'; that upon a r~vie1f of!.i those
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for Conditional Use'
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.~dquirements and a review J~ the facts p~e...en~ed and the conditions
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of' "the area, the ....Qi'67 s'Bllcil c6ncludes as follows:
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The ulse, would in f'4ct, not constitut~ a conditional use
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as under the Meridian Zqn.frng Ordlnanctt planned commercial
development, retail .tores, and wholesale facilities, are
permitted uaes in the C-G district, but sibee the
Comprehensive Plan states that all developuent requests
in the, ,Mixed Use Areas around Pairview Avenue and Locust
Grove Road will be subject to deve'fopment revi<ew and
conditional us. permit processing to ensure neighborhood
compatibility, the conditional use", application is ,,deemed
to be appropriate~ a~, is the granting of such conditional
use'. '., 'I' ,~
b. The use should be harJilonious with and in accordance with
'" the Comprehensive Plan, if the requirements in these
Findings of I'act and Conclusions of,,\Law are pt, but the
Comprehensive Plan requires a condit~onal use permit to
allow the U8e. If ~
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The use a.~parently would;pe' designeq ~d co~ructea, to
,r.be harmon.1.ousin appearance with the. .1.ntended character
of ~the generiU,-.vicinity al! long "'as cievelop..nt ill
~, undertaken to me.t the rJPreaentations of ""tbe Applicant
in the Application 'and It'., sta'ted",at"'thfl public hearing
and tho~ that may be required by th, City under ~.~i9n
review. I)..,"
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That the ulBe would'tnot be hazardous nor :should it be
disturbing to existinq or future neighboring uses as long
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PIBDIItGS OJ'" rAC~ AlfD CORCLUslOIIS 011 L&1f if!'
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"as development is undertaken to!' ...t the representatiOn!f
of the Applicant and those that may be' required by the
~City under design review. '.' '0;
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The property will have sever and water service available.,
but the Applicant will have to extend the lines to serve
all parts of his property. ~ ~
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,,,The use would not create 't,xcessive additional
requirements at public cost for public facilitiell and
services and the use woui'd not be detrimental to the
econoDic welfare of the community. ' "
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The u,se would not invC?lve ~ use, :activ~ty" proclt8s,
materJ.al, equipment or condit1ons eif operatJ.on that1lwould
be det'"ri.m8ntal to person, property;,~or the general welfare
by reaeon o~.xcesi!ive production of traffic or noise.
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That suffici4!nt pafking for the property and the propo;ed
use will be required :~and the' parking ordinance .h~ll be
met incl,udipg th$'t preparation of a ~arkin9 plan and
landscap1ngplan.
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The' development and uses will not result id the
de:l!ItructioD, loss or daiaag8 ofa naj;,ural or scenic
feature of major importance. .."
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It is concluded that the conditional use permit should be
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,~rantEld, but a:s a condition of the ",conditional use permit a
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development agreement shall be entered into regardin~ the
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qe~elop.ent of the retail u$es and.uch is hereby .ade a condition
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of t.he granting"of tha conditional use perDJit..
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17 . 'lJ'hat the requirements of the Meridian Police and tire
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Departments, M.ridian City Engineer'S offic., ~da County Highway
District, Meridian Planning Director, CentraJ.,~ q~strict "'Health
Department, and the Nbpa & Meridian "Irri9atio~ ~istrict, shall be~'
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met and addressed in a develop.ent agreement.
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18. That it is concluded that the location and layout of the
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propose.~ use on the' property could pose problem8 wi t~~ regard to}~"
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PIJltDIIIGS 01' PAC~ AIm COIICLUSICDtS ('II LUf -
JOBlllSW-KOUBA
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noise, glare, fumes or odors for 'the C1' ~dj~bent r.,'sidential
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properties to the south, that it is concluded that it is,,one of the
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purposes
of
the
Zoning
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protect
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residential,
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comm,rcial t'" industri'sl an~ civic are-as from the intrusion of''';
incompatible u~es and to provide opportunities for establishments
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to concentrate for effi~ent operation l'Jin lIutua1ly beneticia1
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'~relati~n8hips to each other and to~hared services (11-2-401 5.),
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<~'c but it", is 'a1..0 t~. purpo.e of' the Zoning Ordi~a.ti'C8 to encourage t~.
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prqper distribution ",'and coapatible. integration .~f nefghborhood
commercial uses into all residential area. of~tqe City (11-2-401
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19. That ,ft is "'conc1u~d that to lllake the proposed use
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~ narmonious and compatible to neighbOring residentiil uses to the
south the following requirements must be _t f". and continuously met;
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and;-:; these conditions should be reviewed by t~~ City Council,
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amended, added to, changed or deleted as the City Council de~s~
appropriate:
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. a. That the Applicant shall provide a barrier 'along the
., property's boundariea aa direct!lld by the Planning and Zoning
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" b. That the building_ shall be. lIubject to design review end
all bU~~ ~ans shall be aubmitted to the Planning and
Zoning " ; i:p for approval before. they a~. submitted to the i;i
Build~n9 Inspector. .
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"" c. ~hat Y; any and all lighting .hall b. directed away from
adjacent re8idential or c~rcia1 uses and 'sh'a;ll be
\~ con'lttructed such that it does not glare, or' shine, on any
surrounding property, unl.as the oWner of the adjacent
,'!." property .igns. written cOlUSeJlt to have it shine on the
i~~~:~~~co:s~~t .~~t be. 8ubllitted to the,~ Planning and
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PIHDIBGS OF PACT AIID COlICLU8IOIIS OP!.j',:LUf -
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d. "That the use of any .,tarnal loudspeakers shall bel'
limited to buaines8 hour., 7:30 a. m. to 8:00 p. ~., only on
MondAy through p:riday, and .hall be limited to 60 decibelSc;
that all of the' buildings shall be constructed to be as;
soundproof 'as, re'asonably possibl.;. "
f. -
t<)~ e. That there 8'h~ll be no wrecked, d81ll0lisffed, or junk <:fars:
'" kept or :stored on the property, unless "they are totally
screened from view. ,'~ fi; '0'
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f. That there .ha~l be no offen.~ye fuaes,.,~ s.oke or odor
emitted from the property; that nOrmPl motcfr vehicle exhaust
from passenger or pickpp trucks' shall not be deemed to be
offen,ive:; that all liazardous waetes' shall be properly
dispdied o~ and shall not p. maintained on the property. ,
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g. That all const.ruction, incl.udinq remodeling, fence
construction, :and pl'antings 84411 be subject to Design Review
by the City of lIeridian. '" j!,
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20. That the co~!iitions stated herein, or as ultiJRately set
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by the City Council, shall be agreed to by the Applicant, in
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wr~~inq~ that if they are not so agreed to the4Application should
be denied.
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21. That all ditches, canals, and waterways"..shall be tiled as fit"
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''" Ii condition of -annexation and if not .0 tiled, t.he property shall ,>,
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be subject to de-annexation.
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22 . That the Applicant will be required to connect to
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Meridian water and sewer and resolve' how the water and sewer mains
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will serve the land.
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23. that propir and adequate access to t~e propertY is
available and~ will have to be maintained, with appropriate
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buffering to residentill propertie. or tra'ffic on Fairview Avenue.
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That bhese conditions' shall run with the land and bind
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the Applicant and his aS8iqns.;\)
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PAGE - 23
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not be, granted. ~ ~
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APPROVAL ~ 'IJIDDGs OP ~~ DO COJJq.USI088
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!'he Meridian C1ty Planning and Zon}.ng CoRRis8.1.0n hereby 'adopts
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and,; apprQ,v8s thelia Pindings of Pact and conalusfons.
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COMMISSIONER SBBARBR
C~SSIONER 'MaaCOY
COMMISSIONER JODSON (TIS BRBAXBR) ,
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VOTED
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$1 The Planning and Zoning CoDEi..ion of the City of Meridian
.\,c-recommends to the City Counci~ that the property set forth in ~he __
" application be approved for annexation, zoning '~and the issuance'! of >^,
",a conditional use permit, under the conditions ,', set forth in the
Conclusions of Law. ,,~-,'.
MOTION: I'J ~ j "
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PIDIRGS OF PAC~'~ AIfD COlICIaUSIU'S OP LlLlf -
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-.~
~~:
PAGB - 25
1+'
w