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Initial Point Subdivision Lamont Kouba FP 04-056 ~i ,;~ I\Im ,^"unl , nr;;\lmllr;;n II. IIn."< I~.n....v .....- _.-- :IIW 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 ~ ~., 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. ~ 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 1.7 oS 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\~ (ll 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. >< NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties 8ifee as follows: I 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. ~ 'Ii 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. 1\ " 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 .11 it 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. :ft; 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: I 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 '. DEVELOPMENT AGREEMENT PAGE 3 OF 14 ~ 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 '!,! 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. . 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. '" DEVELOPMENT AGREEMENT PAGE 4 OF 14 -...-- . 0: :~ 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. \,!, 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 ? 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 ;1, II II ill. 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: ~ 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. " 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 l - 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 . -4 :t l( . "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. :~ 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. :,1 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". ~, DEVELOPMENT AGREEMENT PAGE 8 OF 14 ~ - =-= -- 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". i..'I:'~ 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 ~ . 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 - 1'1 ~ 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. t 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. 8 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 .. 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 =-- -~ "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. ;s ... ;'l: ~ DEVELOPMENT AGREEMENT PAGE 11 OF 14 ~ =---- ~:---=-~- --- I, f .......:..'...:::. ACKNOWLEDGEMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove, provided. OWNER: ,.' '.,. :.:~ ", . .;".=...-:,,: -'i::~-::' --:-;;. .._::::_".~.,,::;; .. ':.::".~~:.: "::-_. ~- .........- :.--., ::. ..~..~ ~.= CITY OF MERIDIAN Attest: DEVELOPMENT AGREEMENT PAGE 12 OF 14 ..,.:._:...... ~ 1 II (STATE OF IDAHO) COUNTY OF ADA) :ss . a tome tome to me ~ Public for Idaho at: ~pilclA~ fL) expires:~. OJ DEVELOPMENT PAGE 13 OF 14 - ofii? (STATE OF IDAHO) COUNTY OF ADA) :ss C\~ 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 Ii 1450 EastWatertower St. Suite ISO Merldlan.ld~ho 83642 Phone (208) 846-8570 Fax (208) 884'-5399 ;} 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_: ::;,: 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 , J !!i !Oi .~.~ ~'*: ',' ~~ C!, J) "'~ ~ ~~ou "\~"~.'" '. \...> '" '0) ,} ~ ~ tt ~ ,ij ,~' '. " 1#. "" :::=.. !<i ~ 'lBBPLUHIHG ~ ZOII'IBG C~X'SIO.' OF; ~BI Ci~Y,-,OF MERIDIAN ~ . -. ,~ . .. ':t!": RICIl'Il1Q) 'aOaRSOR' UD La..,- KOUBA .) I ~ "lII\Iii!n~~OH UD IOHIlfG lfIB6. COBDI~IOIl~ USB !":'. )~.~ r. ..... . . ^ 8~5 B"PA1RV~"''J'.VBJ1UB ,'; ~W~Jh;AIft tDABON ,;T; .~l~ i.~ ,~ j; PBRMI~ ))'~ :~~ :.o:,~ .~~ :;-; ~ j~ ef; PIRDIlfGS OP .AC~ AiD . COIICLUSI ORS 0'" LAW '" Th~~ above entitled arinexation and zoning 'application :.baving ~~' l_~ ;,.s,,",,! !I:! ~.j'.: ~x cpme on tor consideration on May 14, 1996, au the hour of 7: 30 ;c; ... .:.' o'clopk p.m. on Baid date, at ~he Meridian "'City .Jiall, 33 East Idaho ~! '~ )~ :~ Street, ~Meridian, Idaho, ahq the Planning and Zoning Commission 1- having fheard ~ ~~\' :~ and taken oral and written testimony and the ~ ~ ~pplicant' s representative, Bob Dauqherty ,~ppearing in person, and 4' ~ flaving duly considered the DIiltter, the Planning and Zoning f~ ~ Commission makes the followinq: if ~..."" ~, ::C~ '" ill": PIRDI1IG8 OF PA~ ~:~; ~" :i;1 :11 1. That notice. of "~public 11~ ~ "._, "$ $ ~ ~ J~ zoning was published for t~o (2) ;:sltid puPlic hearing '" scheduled h.aring on the annexftion and <;:( l\i:t. con.ecutiv~ weeks prior to the for May 14, 1996, the first :'! ~ ~ cipublication of which wa~ fifteen (15) days prio~ to (6 tJl W IJ,". ~ that the matte~ was duly ~onsidered at May 14, 1996, I.~ ~ ~ ~ the public Vias qiven full opportunity to express said hearing; hearizi"q, that comments and .~ i~ 'Ii .it submi t evidenci; 'and that ~opie8 of 1111 notices were available to ~ew8paper, radio and television stations. " :(If '" ~,2. That ......, :.v..:" ~ th~ property included in the "~ application for j) n '" l!.' i~ 'IIlJ)IRGS OP~~ PAO! AIID C01fC1.U8IOIIS OP LAW - .; :;l JODSOR-KOUBA \, PAGE - 1 ~, l jl V~\ "l ~~ lli:t.; ~: ~:~ j; ~ 'JijF iA ~, ., ~, ,. ;::r; .:. :,+ ~ 0< " ,~ 'i ~ 'I,Y ~";. f11 :"it. " !;.'; anJexation and zoning is' described in the applIcation, and by this ~ ,., t\ that the \~property is reference!" is incorporated h,rein; :'~:' '" ;~, i=J ~~ ~~ ~.oJ app~oximately 3.87 ~res in size. ~.' \'1 3. That the property i!s presently zoned by the county as R-T ~ ;~; (RUral Trarisition); that \he A~licaDt re~e8ts that the ~ ~ ~:.; ..' ~ be ;ii zoned General Retail and Service commercial (C-G), ~~ ~~ property and half requested~~a conditional use permft~to allow the construction of a .. !;i: ., ii commercial facility with two (2) initial retci~~t,Sal~s tenants; that, ~l :tl). {...;~ .'..~ ~< one (1) tenant would be Bxtreme Sports, 4~Je~ Ski Retailer, the ",,, ,"'~: ~.' other would be Treasure Valley Auto Parts, an au1!o parts retailer, ,~ {OJ both ~ould be providing sales,and service; that there will be an -, ~ ;~~ expressd'/lunch shop; that these prop'bsed retailers would be located ihilithe first building, which would front on Fairview Avenue and be m M ~~ of~concrete blocK~con8truction. i; 4. That currently the property halt. a ~inqle family house ~ ~r with various out-buildings, a large 'asphatt parking area 'and th.e ", balanc.' of the property is pl1sture; that the Applicant proposes removing the house and out-buildings. a, R. ~ 'i 5. ~~- . ..' That upon completion, and as demand requires, the ~ ~ ,. Applicant proposes the construction of two (2) additional WR & M m Cii;I Steel BuiUiing,s,lI; that these two constructed buildings will be ;-~j if!i towards the rear of the property; that the anticipated tenants will be 'j!geared towards the ..uto service industry, auch as, an auto l(, .,~, detailing '$ho'p, muffler/lteldinq shop, and recr,:~tionill vehicle repair shop. :~ ~> ;; .f.;! ,. 10 I"j~ ~ i.it;: ;5, 'Iii- i.~: '" '" PIIIDIROS 0'" PAC! AIID COIICLUSIORS 0' LAW - JObSOIf-ItOUBA O! PAGB - 2 f'~ ~ :.;(",,:. ~ '" :.... ~ request of the City of Meridian. f,., ~ 10. ,~ That~ the property c6Uld W1;;.physically ~~ z ~ "l water and sewer. r;' " ot i:'.~ ~-;; "~ !'...'!~:. W li:"; ~ (if f?:;"f !":. ~ * " ~~ ": !~: ~i.~; ~j =f.t ,/'~j ~;~ ~:~; i:~ iJ:: ;~~~~ :::: :.: 6<< The qeneral a('ea surrounding the property is used :-.) primarily for co~ercial purposes; that the prpperty to the north " ;:::~ '1 is being d~veloped by AVEST PLAZA for the ," Fred Meyer shopping"",," ~ @ w center; that this;, property is 8i tuated betw_n M..i-idian Auto Sal~s ~ ~ ~ anq Roundtree Chevrolet, wrich are ,.;r,zoned ~ommefcial. \' .~ 7. Tha.t the property is 'adjacent and abutting to the pret!l,ent ~1; i.14: City limits; that the property suriounc1ing this lot is in Meridian. ~ ~ I ~ ~ ~~ ~~ ,,' 8. That the property 'included in the annexation and zoning !f.i.~l "t-:.i.( ~.' ~ -" * ri ,~ l!lp'~lif(:ation is ~ithin the Area of Impact of the City,.pf Meridian; *"~~~: * <- !..i. that the';; parcel of ground rE!lqu~.ted to b. 'an~exed is presently ~!;!; i'::':'~: r.;-";. '.:- included within the Meridian Ur~ S._rvice. Planning Area (U.S,.P.A.) n !~ ~ ~ ai the Urban Service Planning Are~ is defin~p in the Meridian .~~ ~-!(.i Comprehen8ive pran. ~ i""~ w. :.;~ '1' 9. That Lamonj: and of Meridian, Idaho, the ';i Lynn.' Kouba, are i; )~ of the property and have requested this annexation and ~, ;.": owners :.; 'I ;>; zoning and conditional use and the applicatiori is not at the ,~.Ji '$ ;..-: ~: serviced with Ci ty ~' ~. 11. APpli~ant"'s reprelSentative, Bob Daugherty, testified that ~ this application is for . proposed commercial d~velopment which it; ,~ F" would" be primarily geared towards the atomotive and recreational industries; that the initial .ite plan reflect;d~an entry on the0 ~ west side 0(., the propertY1 that after conversa~ions with the Ada ''-'.';t . County Highway District (ACHD {, they suggested mo~ing the entry to :~~ e ~ ., :{~ " PI.dINGS OF FAC~, AJfD COIlCUlSIOBS or J.AW JOIIJISON-KOUBA ~; ~" i:! " " O'l ~ it PAP - 3 "' ~i: ~":: ~:: :~~ I~~ :~ ~ ~.J 1" ,"'~t, ~-j,''''; .T~~!_~ i"- ~:: ~~j ,~~ ;1.. "-'1 !Ii '!!.i .; ~!f, :.: ~ S! * theeaat .ide of the property which would be next tQ, the Roundtree '"'~ tii;~ l!i WOW ~"1~~ iff. :~ Chevrolet dealership; that the ~." .ite plan indicates', as did the ;~ ~ s :t~..i:..70. * ~ %~ old"ilite plan, that on the v.at side, of the, property it is bordered ~ " &i ~: by Meri'dian Auto Sales and on tAt! .a~t a'ide of the property is' ~~: :.;,.: :~'t;:~: Ro~dtre., Chevrolet; tha~_~, dirC!Ctly to the south of the land is l:!. ~.~~ ~i y!; .,-:~....., vacant prop.rty h tha.t on the '.OUthe~8t aiefe of ":118 land is Danbury \, ~~ ~:.. 'jj ", '. ' SuHdivlsioD; that on the ,.outbwest~corner of the property is the '. . m " Pi;e Mile Creek Drainage; that the Initial 'building in the front ;1;,; ~i'~, "." would be a block '~buildin9 and the r4U,,4 btlildinqe would Wb. 2 $. iJi. ..._~. ~ 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 ~~~.~. ~!,,~. ,~-= )"tJ. ...- ~~:-=.~ .,:J.=:--. st';ff "8 cOllllents to conn\ct to the ..ldewalk on Fai~iew Avenue, is ~ ' ~ ~ ~ ~ ~ addressed in tbe Ada County Highway Di.trict~~ ~pact fees; that the" 35 toot setback;, along the main corridor of ~Fairview Avenue is I'..., ~3 .. ~ arit~cipated to be bermed and landsc'&fed. ~, ~ k Mr. ~~Uqh8rty adcUid that thEe ,are two ~iwel18 currently op th.~ "i if \".0;: :-.'j;';";/~I~~ ,.... '''Property; that the Applicamt eXpects to abandon pqp and anticipates I.r .it:,: ~ .- U I~ u~;ing the other for the preslIurizeci "'irrigation system; that the R . ~~ andm K,,,,,Steel buildings::: ~ill be conatructed Ilnd ," divided up,,,,,with ~.~. ;~: ~j; ,II par:titions according to dA~"d, separating them for individual ~ .-, uses. ,~ ~.ji~ j.~ Commis.ioner Heppe; c~ted that Roundtree does not 12. have 1< I; .ervice doors facingft south towards ,. Danbury Fair~' any ;~ Subdivision .~d that he is concerned about what is marked as 'H, ~O, ri f~ ~N )~ P and 0" wh.,(Jre the ..rvic:e, door.: on those would be in re,latfonship ~~~ jf !l'i. ~ '~ " it:...: ~ ~: (!'ii :j~ l.:'~ PIltDXItGS Or 'Ad! UJtCOlICLUSIOE OP LP - JOBRSO.-KOUBA" 1 PAGB - .. %' )i~ ~" ::~ f(. p ~: :.). \~ ;.. ,'. " <l '" '" .,.~-< '~' ?.).;. i'1 ,-~: ~~ (.i &.. ,," .\~~.~ ~.i <>:bf~ Qr.~. ~ ~~ ~J ;{J; I'i ;:~ <~ ~t. ~ ~'tI; 11, ~j ~~i ~ to the entrances to Danbury p;fiir Subdivision; th~t there should be :or. ~: .... d. :I!lt ,'i) l.a~t a 20 foot'" planting strip' "cin the .outh with non-glare ~ ~ i~ \;!i; lights and no outside '..peakers which could be obtrusive to the ~ ~ ~~ : :~~%~ retfidents l" 13. on the other side of the fence. . r(~ Commissioner MaC~OX comme~ted tht:t the 1(pplieant consider j,;t . . ~ mounted lights which are .hi.lded so you don' t have ~ :i.' '. :;" :~ ,;.! ~ way out into the back ~ndwhich would create a proble~~ ;;; ,!C~ bui'lding lighting '" 14. Diana Boyd ~ ~, eont~nation; that the testified req,*rding heri$ concern of ~, W l":; Applicant i. .' little premature in trying ~ ~ ", ,-, to'~et this property rezoned to coanercial until th~ contamination !'...'!.-'.~. is cleaned'upi that she has spent a lot of money in trying to get ,Ii Mr. Kouba to clea.n uB the contamination; tha.t it has not been Ii ~ (IT ~ c;).eaned up on her area which i. contandnated from his side of the ~ ~ ~ ~,';i' ;;~~:.. fence because" it was a spray service'; that benzin~ and chloradine ~. - ;;.': ,~: :-:-10; are- on herjside of the fence which has not been cleaned up; that '" ,'" 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 ,~: :~ .;';~;i it ,~, "'" are l_gitimate cone.mlll; the Depart.J1ent of Snvirorlfental Quality '" (DE(tL that was investigating the area and the property; that he is I.~, &~ ~i ~: ."::"':i certainly willing to have this anne~ation.. and zoning and ~~, .. ,,- condltional~se permit contingent on Having .a clean bill of health ;(iJ. from),} the'" State of Idaho Department;'+3;of Bnviroruaental Quality. In ~ ~ 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 ~~ ;It ~ I;[ PIHDI.as OP PAC~ AHD COIICLUSIOIlS 0' LAW - JOO'J)R-KOUBA ..,:,\.:' -;;.-~ 'ii ~~ tl~ .J:. n ;,; :-=.'tl"~:~ .iOB - 5 ,1 .~,~ 'Ii g~ ~ ~~~'\~: i'1 !IY ~~7; 11. )~~: ,\, ;>, al:i.~uses. ~.j ~ : 16. Eleanor an<! Rod. Jc5hnson testified that they,;; own the ~ f,: property on which Roundtree Chevrolet si.'ts, which L. B. Industries .~...; ~is leasing, and the property to the east of Mr. Kouba's property "'\),' ~' which i. one full acr. to the back along the can~l bank; that the ~f~ Jl; ~i fence line h~s been moved; thaethey don't want access across their i~i:l ~.. l, '~ property. 17 . That the ~Meridian Police :pepartment, Fire l~: Department, Assist~nt to the~Meridian City Engineer, Ada County Hi.ghway District, Merf'dian Planning ,'<"Director, Central District ~ ~ Heal tQ Department, "and the NaJJlP& & Keridian Irrigation District .~: submitted comments;}., that those copents are incorporated herein."by ~ ,~,f~ ~:~. this feference' as if set forth in full." ;;.:, ;" 1:8. That Bruce Freckleton, Assistant th~ the C~;ty to ;;' :.I, Engineer, submitted the~following comment~: ":;.fI;. 1"; 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. -;, :~ ~, t';. ::r-& ~~~;.~ i"!; !"i 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. :ori :.:'~f: '..Ii " 5. That water~ service is continqerut upon positive results from~: Hydraulic?J analysis. ~: ~ \l. 1~ ~!BDI.GS OF FACT UD COllCLUSIOIfS OF LA. - J~IDlSOH-JtYUBA PAGE - 6 ~ >;:,;; ," I~) ;"1 ~:: .m ") M. @j~j :'1;:: :-r,: ~~"': \l'i "ok;". ,i J.~ ij: ~. j" '" ;-' 1 9 . ~,'; '>i :~ ',. :f;t~: ~ '" ~. %~" ". ~.f.i ,~~: i~/ ''';~ ;~ @. ~ ~ :p ~~ j ;~ :V: '.:.,i,~: ..=,~ .j..:" Iii. ~t; ,.; 1'1 ~:.~.{~ """; "'~ fri ;..~~: ~\ .';.1.l) !:..\~ ...iJ;!ll<"> , ~~ ::: (,il. "i, :~~{ i:,:; ~ ~~ '" ~~'LI ~~i~ ~ 6. That at drainage plan de'signed by an FChitect or an engineer shall be submitted for .11 off~street parkinq 'area's. " )~ !:\ &i \~.('.i ~!~ ~ -& 7. That outside lighting .hall be designed and placed .-' so as ~o Dot direqt illumi~~tion aD any n~arby residences. :.'!.-, ''" ~ ~ "'8 . That all :.ignal3e,~.hall Meridian City Ordinance's be In ..6cordance with 'Il!~ .' " ~ 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. ,~ M " '" 1!' ',' 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", <, ,: '/1 :;;p 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. ii-~ "' :~:o: ,~~:: Th.1; the Planning and Zoning .Ad1Ii.nilitrAtor, Shari Stiles, ~~ ;:::l: ., 'INDIRGS 0' PAC~ AJIJ) C0llCLU810JfS OP I.Mf - JOBllSOK-KOUBA ~. 6 >-~( ~ ~. '" ;..~ PAGB - 7 :t' .~'!;;1': >! ~ ~: ;$. m '" " ::i ~.: 1-\: ~:! submitted comments and they are incorporated herein as if set forth x :~ :~ ,";.~\ in full, as follows: " $i 0: Il..,j; :~ :tt :g ~; ;. I~~ ~ 1;; .Y.oI!r; ~l ",' ,~ ~ , ~. i~; ~ "'t ~(.. ~ ~ ~, i;~';! ,'~ .~;~ i.:t ;:; J~ ~; :l:-: "P_ ~~-k~ ;:. 't' il ~ ~ 1. That this request for Annexation and Zoning of C-G:';; with a Condition Use Permit is s:con,sistent w~th the Meridian Comprehensive Plan~and is located in a Mixed- 1: Planned'iUse Development area as shown on the Generalized Land Use Plan. ~ s ~\ ~ 2. Ada County Highway District policy requires that acceS$ 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. '-, ~:!i * i ~ ';.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 ..~ :~, * ~ 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, I!; ....' 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. ~ ~ ~ ,( ::~ 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 ~ ~ ~ ~: ::J 0)1. ~ ~ ~. PIRDIIlGS OF PAC~ UD COJICLUSIOIS or LIJf - JOJUfSOR-KOuu. ~ PUI - 8 :~..;~ ~~: ~~ "' ~ ,,' ~;~ ~. ~ ;~~: ):1. '" ~~ ~ '" j); w ~'":! ii of" m '1\ i# .~:f:- ;f! r"3 {fi '(0; ,* ~: ~~\t; ~: ~ " :'fr',<":"" ..' )':; .~- ~:I;;, I{.-~ :.-!:~ ~ :~_'<l< r,"/t'F, ;:;I ;(iJ. ;.: :.:!:l 1. @ .'<1 i.\ '" ~. ,I :~~~ .. 20. ;'.~; That the Ada County Highway District "~bmitted comment. :~ ~. Q ~ and they are incorpo~ated herein as if 8et forth~ in full. That the ~ B District ilIubmftted aite apecific requir_nta, "hic!J.are as i,j ~~ 't(~.:! PIIIDIRGS OJ' PaCt DO ~I.S Of LIlt' - JOBRSOI-KOUBA ~ ':: ~followa': :~ ~. ~i ~""!-: ;", :<1 :t ~;_. ~:.; :~ ,.:',: m '!<' '" ;iJ: ~~. :""~ '~) "' ..' ~, ~~ ~ ~ '" "~ '" i.\ ~..:; ~: '" .'~ a trust. ~ "', ;"'''J; ~ 9. Applicant to provide curbing and under9rou~p '" sprinkler ~8t.. for ",all landscaped areas. ':~" !J, ;;;.:-.,r;: ~~,;:!t(' ~~ .~)~ ~'j 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~. . :a ',l1 ~~. ....: 11. Provide temporary fencin9~~o co~tain debris during construction. ;". 1i' ,; ':-i ~1. '~ ! i: ~~~ ))~~.?~,;i ?J;l; 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. I.."i. ;'".;;i ~~. ">;,: If: 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. ;~" '.': ~:'".~ -~; . 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. ;'; ~ '" .. lj " ~? : ;~ 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, ,:. ~r., 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). .~ ;"."':; ~} 3. ~. Construct a 36' wide ~iv..ay ~pcated"at "'tb;is aite'. :2f,:~ ;tj" :::~ ,~~. PAGJ: - , ;::iJ.:: ,~~ '~. ~..:; " r~J ~ ~: ,~ l,5 'i< '. c~~;. ~~. ,ci&~' " ~~: ~, !t .:.... ~i :""(.:-~ ,.i ~: fj j; 'i'"~., 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:, 'C""1 ~~ jt?" 5. Other than the access point specifically with this application ''i direct. lot or parcel Fairview Av~nue is prohibitil!ld. ,.~ approved access to ""', \~ ~ 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 ,...'!I.<.: construction plans for ;J; ~ the proposed water main, fire. hydrants ilrid domestic service ~~~ .!~ ,"".... ~i (~'. l~~, lopations~ and sizes need tab. submitted to the Waterl~ Department ~: i~ ,11 ~ J;; aDd reviewed. \!-....j ~::!! 23. '" That commissioner MacCoy aubmitted statements regardinq .~'( .<: 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. ;;J .' ~ ;1.10 ., u;V' '"r"i P'IHDI~ ",OF PACT DD CORCWSIOlIS .,;LD - JOBll8~.KOUBA '~ PAGE - 10 ,,-, 10 ~ #. I'i , ',~ l,).i '" ;'i :j ~ ~ ,~~ <r ~~ (.;, 24. That the following pertinent statements are made in the j!, Meridian Comprehensive' P~m1: % J'!' A. ~t ~; ~ }~ '" (.:. ~: ((, I~ 1.6 ~!. .if ~ ";;;;, R I.; i" ~ '", ,!:!', ~~~~ ~ 1.3 ,~ ~:;i Under ECONOMIC 'bEVELOPMBN'l', aconomic" Development Goal"" Statement t(: ~ ;; Y.T 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 ""t. ~I~ 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. ~ t;t, b . :~~: '" ~f.~:': .~: t!: ~~; C . 'fi '.~ .0 ~~ fj, ~ it-; ;:~ 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 ~ )j} 1. Entryway Corridors i:.L 2. t.o .~ Fairview Avenue (Bast entrance). ((~(, ....~ ." PX.DXaGS OF FACTi;AHD COlICLUSIORS or IA1f - J0JD1S0R-KOUBA ~, :f~ ~~ NGB - 11 ~~ t:;'. f.6 ~:; ~}: ~I!; 11< :.~ ';:' ;~ ili-+. ~...;'!'~~ ~ ~:~-...:; ::;:;:; ,.. ;i:i c :; ~. '" ~ !'?; :~; :;.! 'I. "' ;,;: W ~ j~ ~, :;~~~ .'Y, 'iA;:i~:;; ilf:;o:r, rf! '" :.i( .~; ~ '-;.--, ,-.;i: \~~~ )Ii I'" '" i1i >..rfJ. :~ ri ~! ~ ~fi 3. Entrance Corridors' Goal Statement, Promote, encourage, develop 'ir, and .intain aeathetically plea'lIing approach,es to the City of Mti!ridian. ,,, ~-..; ~ tY: :!t l< " ~~~ ;..~~ 3. policie., Page 71 ",: '~~ II; t~: a. 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 l( 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. .I,.'"t.f!€, !'. 'Ii ,'tf; .;' . ~..~ I :f;J: 1:,0 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 )j ,'::'-, -~. ii. ,~ and Service 11-2-4'08 B. ~, .',~ 11. 'as follows: :.~ :f.: :-A' ~~ ~~: fi~ ,-: 0 -;1~ :.~ 4-;: ~.t '~' ~~~ :t~!j ~ ~1>; :'i il (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. .. ~~ )~ ~..:; ;~ 1';~ .~( p ,t, ~ PIBDIXGS OP PACT A1ID COJICLUSIORS"OP lID' - ,,JOJlllSOR-KOUBA ~~:s !!i ~il'C ~ r PAGS - 12 ~~ ":F.: 'i'; ,~. ~: ~~' ~ j\; :.~ ~~ ';"i:tr"O,~ ,,-, ~ .:+-~ ~~ ~ 1~ ~ ;i, ~ ..' it. 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 ~90: fii \~;~ ~~ ~ "', '" '>j """,,: 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." 'Wi' ~. 'd":\: ~: ~tt .{.e; l!.~ ~ ~, . 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 "', j.....: ~ ~ ;$ ;~ ,;: l:;, ~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: ~1 ~.~ .:ifi ~ \~ t'l ""- ;~. "'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.-; ~ ~ ". ~~: ~ ... :~;.l :~~ ;~..~ ,~ q '" "" PIRDIlIGS 01' I'AC!lt.JUfD COJ1CLUSIQ)JS~~O' LIJf - JOBRSOll-KOUBA 'l\ "f;~ ~;t PAGB - 13 i' ~.jt ~'f : ~ jj,i"i ~ }:~r.: !<j;~, ";~ i'" ,,1; ...::,(~ : ~ oi.:~:" ~: 4; K lt~ ~ h.,..,::; :r... ~"!'.: " ~~ )!'"~ ~~' ~ '~, w ~ r~ f~ 'II :t !L~ '~ ii;: ~ ~ ~ the City of Meridian is concerned with the increase in :"..4 that ;\1 populati~n that is Z ~)t .~ ablE\ to provide fire, police, .~;: '. .... :_.;.,.:~: -'...' ;',.6 occurrin9~and with its impact on the City being ;:.: . ~j" 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 '$rvice l'ito current end future " a~~ ~ residents' of the City~ tha~ the City knows th~~ the increase in ,^ ~ J.: :t; ~ '" and th. housing for that papul_tion, does 'hot ~~ ~ :q !-:. increase the t~?C base' to offset ~'he cost of pro~iding 'd' ~ 'It It: ~ fire, police, "eJD4ltrgency health care, ~A~er ~ '1 sewer, parks and;c; :.,:; ~.;---< ii1!. recreation services Jand the City knows' that ~~rthe increase in ''{f population does not provid, sufficient tax base to provide for ~ po~ulation, ~.ufficiently ~.$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 << "0;:' .:;' City, because of the 3.11perilment to the he'4lth, "elfare, and safety ]1~-: << of the citiz.ns of the City of Meridian. '~ ~: It~ .'1 ~-:: > 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> * :/~ t~ 32. That. Section 11-9-605 G 1. state. a.~f~llow.: .I ..'t. i' '~ ~ ~: ~~ i'i ~' 'x " PIIlDIRU or rAt3 UD COIICLUSIO.S 01' LA1f - J.QJDrSOB-ltOUBA ~: ,I ...V~ ~ :,\', \l PASB' - l' ~~ ~'r, i~ :':Ii: \ } '" ~, ;t~:: if> .1:' l;i~ ,~ " :# ,~ /.,.~ <..."':.') ?t !~ ~ .~ ti 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 ..i:" "'~' tt ~~ ~: ~ IV ~ an 'i"': ~i:::; 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 i'...,:,( (Ii l"t.: '1' :t:~ ~ :f..~ ~ ~.'; "':,~ 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 t' ':l~ 'It :iU g 1';. :'~ ,_. :," .~~ ">:.' ~~ PXIIDIRGS OF PACT UD Co.CLU8IOIIS OP IMf - JODS~-ItOUBA i ~:.t{ :V PAGE,,; - 15 \~ ;~ ~i ~:': ~ -.+. .-~ W ~Ir ~! !l~ ~ ~ W ~ . ~ yard setback 'fIrea ~ that the display area .hall be upcluttered; that lii ~.;.-::: >.:.;~ all off-street parking areas and all ditches be I.' tiled per City ,,", Ordlnanc.~ that the lighting .hall Dot cause glare 9r adverse i:; >l :il ~tj. i'.!,f, ~ ~, impact to re&idential properties or traffic ~n Fairview Avenue; ~r~ ~ /,i ;.:':"\1 ,\t: :=::i: 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 ~\ )jl [r,.l ;~ parking stall be ~djacent to the buildin9.~' .~ ~: :~ ~. i;j .1;.'1: i,..-:. " 36.):; That there are cOJJIIlercial uses on both sides of Fi!Lirv~ew, it: 'i ~fr ~ ;!.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 " .' ~ ~ .., ,"; 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 ~ :jo: ~j ~ ~ !.I_~ procedures beforEl the Planning and Zoning Commission and City ....~.~~ ~ :'~,;' Council" were 9i ven and followed. ",';< ~~pi iJ ~.~ " .!.~ COIfCLUSIOBS Ys-- ~"'.J;~ ~i"l: p }~ 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 . ;'j ~1!:f !!; 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, (~t !~~M :U&~.~ :~io: ~.:; ;tPIJlDIBGS OF lAC'! AIID COBCLUSIQIfS 0' LAW - g"b'01Dl80J1-KOUBA f+; :ti ,~ ';j; ;,;J; '" PAGB - 16 ~ 'Ji ,~, :(.",;, ~ ;, ~i~} ~ ;,;( (f ~ ?.;: ~: !,!, ~l.."t.' :'r~ r;~,;" ~. ;'" ~[f:~J r~;l "\ ~ ~ '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 ;:' ~); ordinances, and policies, and ot.' aclbal conditions: existing within 5. 1.1 ,0;; :~ 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 :~ ~{ PIBDIRSS :OF PACT JUID C01fCLUSIOU <>>' LaW .;, JODSOIf-KOUBA "1ti ;t PAGe - 17 :'+; ~i!. ~~ :iJ \,' "': l~: I: ~~ <r. ~~ .~. ,-~ '" 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 II -;i< requir~nt~J and Section 11-9-605 M., which peq.,Ltins toEh.~ ~ilinq t.t !:~ ).~J}. ,fr" I(i. ii ~~;;-~', ;:~: of ditches and waterways. ;l: :..~ ..~ '" 10. That the Applicant's propoaad use o~ the property is in ~ ~.+: ~~ compliance with the Co.prehensive Plan, and ~therefore the .:'t: >_":;"1 annexlltion and zoning Applicat!oJ?- is in conformance with the .,.: it" ~.'. Comprehenslva P~an. ,~. ., ~;.: )J."..::-: 11. ~he: Applicant has wtated and represented that its J:i intention is tp have businesses'" ~elated to the automobile and ot~ef ~ :~ ~ ~ '~ 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 ~ ~ Applicant shall be required to enter into a development agreement as0authorized by 11-2-416 Land 11-2-417 D; th~\ the development (;., " agreement shall address, among other things, the following: -, . 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- /~....: ~;. 8:! ~)~ ;6. ~~ ~ 2. w 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. "/: ~! iJ 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. ~ 3. '" ti,"+ ~ ",' 4. $: Addressing the access linkage, screening, buffering, 'JJ .....""~ ?~~\ ffii1! FIlIDIIfGS 01' PA~ JUID CCllCLUSIOBS OJ' LAW -"' JOBIISOB-IOUBA ~ ,~' \~ PAGB - 18 ~-=.. ';j;~ ,. '" ~) ,>; ~~~ * ti,i. ;i~ ?t ;::! " . ~i~ ("'"' .. ~. . ~;r~ ~~':.; ~ ~ :~~,j.;'~';;'~{ ~, ":J.~ ~.~ ~~) ~~ if ~~~tlh .. ~: ~; .'!..~....: :.-. ~ 1~ ~ W~:; .~ t; tr'bs'itional land u..., traffic' Ii"tudy and ritereation .ervic... \, ,t j'( '..'6 ~.~.l ~\"! ;j '''i:~:~: ).): 5. >~~ An impact f" to help acquire .' future echool or p'ark sites to serve the, area. 8 ).; tti, :f$"J. Appropriate berJDing,:and landscapinq. ~', '. ,"" ;&" <?~;\' ,~ " ~;"" Submission ,end ;,l-pprOVlll of any required pUtts. ~. ~ 4i. 9. \> Barmonizinq 'and int.qra;~inCJ the s.;t. iDprovements with any e~i.ting residential d.velo~nt. I~ ~ :w .. ~~ ."=.~.J. ~ ~ 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 ~.~ <ri 6. jil ~ ;r; 1;; )':' :~~: :iI;: '," 7. P-"~., 8. ;~.. : ~) '~):.,~ ,'....., '" Il ~~~ ii~ ~'. ";'; 12. 13. (.;.; 14. ~ l~~~: y^~-':' 11 ;.. ;~ 13. t< '" ~~!E: ~ * An ua'pact fee, or !" f..., for park, police, and fire' .ervices .. deterD!ined by the City. :~ ~( ~: ~ :~~ (1<. ~ l" Ifhe sewer and. water requirement.. ~ ~ l:-: Traffic plans and 4CC...S int:o and out 19f the development. ,'.". ~1 ~ 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 ~~ .""' ~ :!:J; i,~ ~.~:~ t.~ .~ :ii "states in part a., follows:: !i-: \" .) ,," "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 ; ...: :i:~ .~ that sincr'the enactlllant of the 'above, ..ction, .;,the City ha. found :~ '". jj ,,,.,, )~~ !.!.t ..1 ~ >j\ it:; ..,~ .' . €hat it i. difficult," for th., City and th. Appljplnt to enter into .1(, :,,'~ '" a develo~i1t aqre..nt prior to annexation; tila-t it is therefore ::;;~. L\::: ,. ~~ .'.~~ .. ;, PIRDIIfGS or ,.~ AlP) COlCElVSI0118" OJ' L&1f ,l" fi Joaso.-Jtou8A ,. ;:; ".11 ii, r; PAS. ,1 \~ \i1 .:,;\ M ..;...iJ ;~ " 19~ ~d ~ ;,:~!~ 'if ~t :.: '!\ ~~ ~i ;;; ^... ">:.' ~ ~.~ ~kt/( cqpcluded thab~ a development agreement ~ '" i ~ <<~ shall be entered into, ~ ~ preceding section prior dealing with t~e matters set forth in the '''::', );, '().. 9 td issuan~. of a building permit: That:' it is concluded that the annexing' and zoping of the:i ~ 14. " '0: i..."1. ~t .~: .' p~operty is in the best int~rest. of the City>"; of Meridian. !."i '" 1~ ~~~ i!!"i 15. That it is con~~ud.d~that 11-2-418 ~of the Revised and ~ ~ ~ I{A\: .;.~0: ~;; c~mpiled Ordin~nces standards under which >>1 : ;~ :t: of the City of Meridian :'sets forth the ,P/~~r,~h, .~~ the ~i~~ Q6B~il s~ll~review applicati~ns ;'ii" '," il' ", :"';;: Permits'; that upon a r~vie1f of!.i those i, for Conditional Use' ~'": .~dquirements and a review J~ the facts p~e...en~ed and the conditions ~J )1 \, fll4hnlhlj , ~114 &""j?4.,SS"'~ of' "the area, the ....Qi'67 s'Bllcil c6ncludes as follows: F . :t:~;" i):; The ulse, would in f'4ct, not constitut~ a conditional use ~' 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 ~ 1,' ',"!I :I!t tti. a. ':; ~, '1~; ~ ,~~~ ,. ..<~ 'I, 't.~_~.' ~ !~.~ No';: &f;: c. ~ .~ ~ ;:.~, ~, l< d. " ~~j ~",\ '" ~7~ ; ,~ ~ ~ ~ ~ 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)..," '!.~I ;!~ i~ ..~r " I{l.~ That the ulBe would'tnot be hazardous nor :should it be disturbing to existinq or future neighboring uses as long 'It!J (; ~ ~> :\~)\ "1 .. ~....+. ~~ PIBDIItGS OJ'" rAC~ AlfD CORCLUslOIIS 011 L&1f if!' JODS08-KOUBA ~ !" !" if' ~: :"'. PAGB - 20 ;(.1.; :1":::; -:"l:,: OJ; 'lie " & '* ~/~: '''Ii' jI; !'< ,,' ~..-:: :i~ * # ~ ~ (~ l" jj ~: f'f1 :~ ;~ ., ~> :~; >1' ill. '" ~~( :'~ ~~ f . Ii !tJ :'.;;~ ~; ~(I "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; ;:-::. .~.':.~ r.~ :~ ;!j( g. :~ :' ,~ ~~i 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. ~ ~ '" ))~~ h. ,c' ,.":::: ~~ i. 'l~ ,,,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. ' " 1j '''$.: l~ 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. ,~ jit 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$'t preparation of a ~arkin9 plan and landscap1ngplan. ~ ,~. ,:; L.I :J >~~ \"':'~ ~\ ~~ ~~. " The' development and uses will not result id the de:l!ItructioD, loss or daiaag8 ofa naj;,ural or scenic feature of major importance. .." ~j ~~ 16. It is concluded that the conditional use permit should be ~~ ,~rantEld, but a:s a condition of the ",conditional use permit a f~~ "t-: :V~-..: ;:,m ~.+ :!-~ .,:. ft: ~. w..! :~1..1 development agreement shall be entered into regardin~ the ~Jj.',. :J:\ qe~elop.ent of the retail u$es and.uch is hereby .ade a condition .. ~ri of t.he granting"of tha conditional use perDJit.. ,-"~~, " "" 17 . 'lJ'hat the requirements of the Meridian Police and tire ~ ~ 'it 'I. "' )',.;, ~) 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~' ~:;. i~;.. met and addressed in a develop.ent agreement. :L.~ 18. That it is concluded that the location and layout of the ~ ~: ~ :~. propose.~ use on the' property could pose problem8 wi t~~ regard to}~" !.~ ;oJ; '"', PIJltDIIIGS 01' PAC~ AIm COIICLUSICDtS ('II LUf - JOBlllSW-KOUBA ,~ 1ji: f! 1s ~e PAGE - 21 1.\, Cl q, ~ ~ ~ ~j ~1): ~ !~: ~i~ ~-~ & M ~ ~ noise, glare, fumes or odors for 'the C1' ~dj~bent r.,'sidential ~ properties to the south, that it is concluded that it is,,one of the f.~ i~ purposes of the Zoning ~~.::-: Ordinauc*: to protect ~..~ residential, '~.: ~ M' comm,rcial t'" industri'sl an~ civic are-as from the intrusion of'''; incompatible u~es and to provide opportunities for establishments ...~ ~ ~~:t..... to concentrate for effi~ent operation l'Jin lIutua1ly beneticia1 ,~ ~ ~f..' ~~-'i '~relati~n8hips to each other and to~hared services (11-2-401 5.), ;..::~...... ~ ~..~~ f~~ ."ir;: . ":t!\i\ . ~.-; .'" <~'c but it", is 'a1..0 t~. purpo.e of' the Zoning Ordi~a.ti'C8 to encourage t~. .. e. \i ~f 'I'~ ~ !:. ~~ prqper distribution ",'and coapatible. integration .~f nefghborhood commercial uses into all residential area. of~tqe City (11-2-401 }1, Wi ,'I !'..'":~t jj. 1f.). ;.": " r.~ 19. That ,ft is "'conc1u~d that to lllake the proposed use i-:: ~ narmonious and compatible to neighbOring residentiil uses to the south the following requirements must be _t f". and continuously met; ?.b-: t{..t.; ~:i and;-:; these conditions should be reviewed by t~~ City Council, . f~ i'f.- amended, added to, changed or deleted as the City Council de~s~ appropriate: ~~ ,l"y tbii . a. That the Applicant shall provide a barrier 'along the ., property's boundariea aa direct!lld by the Planning and Zoning (.0:; AdminiB'tJ;'a.t9r. r~: ~~; <.=: " 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. . i{i: "" 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 ):;i ~~.Jl.... l'"1.~ d~~~.: iiI!: I" t!-) 'It: 1'1 '" :~: ~~ PIHDIBGS OF PACT AIID COlICLU8IOIIS OP!.j',:LUf - JOBllSOB-KOuaA ~.} 9.' PAGE - 22 \:~ " ~~ ~ ~~ ); .. " :~j i\"i :4.: ". :=-.~:~: * r:."~ ~:.=l~ I~,. 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' -' '" ~ f.. ~. <{~ " ~--; ~~~\.,. 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. , ~ (:::.ig :~ ~ ;,'m ~ ~"'if 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!, ,~ ~~ 1:\ 1I( 0/: 1r..~ ~ ~ 20. That the co~!iitions stated herein, or as ultiJRately set ~~~} Iii :':1" by the City Council, shall be agreed to by the Applicant, in '.-;:'/i wr~~inq~ that if they are not so agreed to the4Application should be denied. ~;~ ~~ ~ ~\ 21. That all ditches, canals, and waterways"..shall be tiled as fit" ~ ~ ~ ''" Ii condition of -annexation and if not .0 tiled, t.he property shall ,>, '," !'.'Ii: be subject to de-annexation. :... :~i:: (~ 22 . That the Applicant will be required to connect to i:i Meridian water and sewer and resolve' how the water and sewer mains "t'\.;, will serve the land. f! ~: .'j: !~ i!:; i~ !, 23. that propir and adequate access to t~e propertY is available and~ will have to be maintained, with appropriate .- .' ~) ~; buffering to residentill propertie. or tra'ffic on Fairview Avenue. 'IIi '~" 24. That bhese conditions' shall run with the land and bind ,.:..~ :?/.: 'tJ.1 :.j w; the Applicant and his aS8iqns.;\) 'I:':; ~~ ::y~ ~} '" l[.: :t; '~~ !iFIIfbIJIGS OF PAC~ AIID COllCI.US~OXS OJ' LUf -", JODSOK-KOUBA ~< '~l :} ~~i PAGE - 23 ''1 !~~... ,i..; t:~ i1) .:~ }~~, ,~" .", z: ;,' '::.:"'~~ ::::...~ $ ~~~ .;..:; iJ ~~ ~ '.; 's.'" ~: :,'''J ~ 'OJ' '^ -,:~~; f.:"i ~ property shall not be anne~edand ~e aon~itional", u!Je permit sball ~~.J !~ ;{:. ~~ ~l not be, granted. ~ ~ 'i APPROVAL ~ 'IJIDDGs OP ~~ DO COJJq.USI088 . . }~~. - ~ .~.~~ ~~~ ~ !'he Meridian C1ty Planning and Zon}.ng CoRRis8.1.0n hereby 'adopts :.;} :;~Ji: -, ~~.~~ ~=" and,; apprQ,v8s thelia Pindings of Pact and conalusfons. - ~ " '-~-;: . ..::::.J:II. ~~ .~~: ,~ il J~QJW ~!I,T. ~!i.~. .. ',~ }) " ';! i~ !#. COMMISSIONER HEPPER ~~ " VOTED ~r< :::.,....::.:: l~.: COMMISSIONER OSLUND ';!' .. VOTED ;(iJ. ,~.. I!; COMMISSIONER SBBARBR C~SSIONER 'MaaCOY COMMISSIONER JODSON (TIS BRBAXBR) , . ~.'"i: .,.~;;; ~tl ~ ~~. ;~, VOTED :;'P;VOTBD~ VORD ~. ::~~: ~"; \~ is ::o'~ : r-!l-f"~ ~ 'G> ' i\"i :~! it" ~~ ;j!;~ ~; ;t IJj '.\'r.; ,-v7JII ~,;:::.:.~ ~'Ir ~ ~~ .~: .' ~I'..' (.! 'il ~~ {.,,: ~J jlt ~( '~.; m "/j:~~ if: ;~ " 'l' .~ ~! ,~ ~! 1;-"'. :~ ',t :4 ._,; PIIJDIIIGS OF .AC~' UD "~SIOIIS or La1f -,/>) ., JOUSOII-KOUBA ~] ~^~ jJ C\O PAR - 2t ~ ~: N " ~.; I,"'.; ~~; j;1 t'~ g " ,~f. ., 'i ~. ~ ;t ~1 !i,;j i;{ ~ ,.../' ' ,1. ~: 'i...:!'~~ "'\ ;>l f~ "'.~ ~,~ :~ :-:~ .';.~6. ~ RBC~UIOJI .. .-:;: .~t '!Ii .~ hT! ~: (-iF (,\'f- =fi.~ :~~ rt $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 " " APPROVED :~""t1":'~ ~, " ....f. ':~ .ff ~ i::-i ,,~ ;-::! );;~ ~; U :..~ % Ji: .. ]-~ :u * .~~ ~ /I) " j:;.~::;:.'==t: ~i:t ,'~" il :Ii 7~ ~.' ~~ <!. N ''4'i< ,~ i1 '.'j.~-: ~ ;O~ ~ ;.;tj ~ ., ;::1: './ ;.~. ~~ ~': ~ -"'. ~ i>\p ).): :!~ w ~.I+ i.~ .:,.-: :~.~ '.j ., ~1 ~.:: j.~ :j~ 'i1 ,:.\t" t'~ :~ ,r"i PIDIRGS OF PAC~'~ AIfD COlICIaUSIU'S OP LlLlf - '.' 'f, ":tOBBSOR-KOUBA - -.,: "', [~ !f: r~ f;: '" m $; ,;~ DISAPP~OVED: $ ~~ ~~ :('11: ;;~:i w. !':~ ;( ~, :i'.! :.;.~ ~ir of!; ,~ ~ i.Jil ". II: ~ ~~. (r~; h '~t ~: ~'" fi )i :~';ri. ?o ~:~ ',' "t, (<" ,ii~ ~~ >IIi ~ ::-*"~ u ~:: (:i ~ ,'1-- i-;\ ~ ",:- ~ifj ~\!);; w (."4 \,,/ .~~ ~~ ~' WirlP '-~, l1~ ~: -.~ ~~: PAGB - 25 1+' w