Walgreen's Pharmacy MI 06-002
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ADA COUNTY RECDaDER .k DAVID ~VARRO '.UIfI' 00 46
IDlE IDAHf) 11116/l1i 01:39 P.M .
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City olMlridilll 106180817
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ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
3.
City of Meridian
GRH Ten Mile LLC, OwnerlDeveloper
Halker Properties LLC, OwnerlDeveloper
The following is an addendum to that certain DEVELOPMENT AGREEMENT,
entered in~ on the 6th day of December, 2005. This addendum is made and entered into
this 26 ~ay of o~-k6~"- , 2006, by and between CITY OF MERIDIAN, a
municipal corporation of the State of Idaho, hereafter called CITY, and GRH Ten Mile LLC,
whose address is 8645 W. Franklin Road, Boise, Idaho 83709, hereinafter called
OWNERlDEVELOPER, and Halker Properties LLC, whose ad(lress is 8645 West Franklin
Road, Boise, Idaho 83709, hereinafter called OWNERlDEVELOPER.
OWNERSIDEVELOPERS agree to be bound by the terms of the original
Development Agreement (instrument # 105191338), approved on December 6, 2005 on the land
described in Exhibit "A", except as specifically regarding the following items:
1. The parties hereto agree that the development of the property described in Exhibit
"A" shall be in accordance with the terms of the above described Development
Agreement, exhibit "B", or those City ordinances in effect at that time any
subsequent conditional use application is filed, whichever are more restrictive.
2. That the original Development Agreement, Instrument # 105191338, approved on
December 6, 2005, be amended by modifying the following:
. That the existing wood fence along the east property line be replaced with an
eight-foot tall CMU wall and that a four-foot tall CMU wall along the north
landscape planter be constructed.
3. That OwnerslDevelopers agree to abide by all ordinances of the City of Meridian and
the Property shall be subject to de-annexation of the OwnerslDevelopers, or their
assigns, heirs, or successor shall not meet the conditions of this addendum to the
Development Agreement, and any new Ordinances of the City of Meridian as herein
provided.
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4. This addendum shall be binding upon and insure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including City's
corporate authorities and their successors in office. This second addendum shall be
binding on the OwnerslDevelopers of the Property, each subsequent owner and any
other person(s) acquiring an interest in the Property. Nothing herein shall in any way
prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereon and any successor owner or
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-002 WALGREEN'S PHARMACY)
PAGE 1 OF5
owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees, upon written request of OwnerslDevelopers, to execute
appropriate and recordable evidence of termination of this addendum if City, in its
sole and reasonable discretion, had determined that OwnerslDevelopers have fully
performed their obligations under this Addendum.
5. If any provision of this addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this addendum and
the invalidity thereof shall not affect any of the other provisions contained herein.
6. This addendum sets forth all promises, inducements, agreements, condition, and
understandings between OwnerlDeveloper and City relative to the subject matter
herein, and there are no promises, agreements, conditions or understanding, either
oral or written, express or implied, between OwnerlDeveloper and City, other than as
are stated herein. Except as herein otherwise provided, no subsequent alteration,
amendment, change or addition to this second addendum shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in
interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
a. Except as herein provided, no condition governing the uses and/or conditions
governing development of the subject Property herein provided for can be
modified or amended within the approval of the City Council after the City
has conducted public hearing(s) in accordance with the notice provisions
provided for a zoning designation and/or amendment in force at the time of
the proposed amendment.
7. This addendum shall be effective as of the date herein above written.
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-@k)2 WALGREEN'S PHARMACY)
PAGE20F5
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
OWNERlDEVELOPER
GRH Ten Mile LLC
!;;Bim-
OWNERlDEVELOPER
Halr~ Properti~~,LLC
By:
CITY OF MERIDIAN
By:
ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06::.Q02 WALGREEN'S PHARMACY)
PAGE 3 OF 5
STATE OF IDAHO, )
: ss:
County of Ada, )
On this of
Public in and for said State, personally appeare. .'_
GRH Ten Mile, LLC, known or identified to me to' be' the
company, who executed the instrument on behalf of said company, and'ac:
executed the same.
(SEAL)
: ss:
County of Ada, )
On this rsigned, a Notary
Public in and for said S . ",.,..--~;on behalf of
Halker Properties, LLC, known or identified to me to be the'. _ of said
company, who executed the instrument on behalf of said corporation, and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(SEAL)
ADDENDUM TO DEVELOPMENT AGREEMENT (MI Q6l()02 WALGREEN'S PHARMACY)
PAGE 4 OF 5
STATE OF IDAHO )
: ss
County of Ada )
On this-6->~.~:.;:;::;: day of __ __ __" ' 2006, before me, a Notary Public,
personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person
that executed the instrument of behalf of said City, and acknowledged to me that such City executed
the same.
IN W~NESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and y -- 'ficate first above written.
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ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-002 WALGREEN'S PHARMACY)
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Pl"l!;Iject No. 05-013
Apr. 15. 2005
DeSCRIPTION FOR
TENMfLE AND CHERRY LANE PARCEL RI!"zoNE
HAWKINS COI!fJPANIES
A parClllt offanl!ll~t-' in the S\A'1Ji1 of the SW1/. of 88ctIon 2. T.3N., R.M..
BIM.. M.-idian, Ada County, IdillJ:l more parUculirly d~cr1bed At followa:
BEGINNING at the SW COn1l:lf s!!ld S~ion 2:
thence along the ~ boundary 11M of _ic1 Section 2 North 00f19'07" e...
345.50 ~t;
thence le~vlng aald Eiist boundary II~ South 8&D38'31~ E.e!t. 317.:;0 fe8t
thence Sooth 00I19'OT'WfM., 50.00 feel;
thenQII SlILIth 88"36'31" Best. 110.00 fht;
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thlfl\~ SQlJth Qll"19'01" ""esl, 295.5D fe&l tp a poiRt on .llOllllh bOU1idowy line
oJ Mid Secllon 2;
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thent* Wong the 1iClUB1 b~ndary lira of said Sadton 2. NlI'ftt &6"36'31- West,
417.50 ltIettothe REAL POINT OF BEOINN"C. conbtinD'I!J 3.20 acIN~ fIIJlIre or less.
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DE~LOP:.MENT AGREEMENT
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PARTIES: 1.
2.
3.
City of Meridian
Idaho Conference of Seventh-Day Adventists, Inc., Owner
Hawkins Companies, Developer
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TIllS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this I/-r!: day of NoVehv~. 2005, by and between City of Meridian, a
municipal corporation of the Stat!! ofIdaho, hereafter called "CITY', and Idaho Conference
of Seventh-Day Adventists, Inc., an Idaho nonprofit, religious cOIpOration, hereinafter called
"OWNER" and Hawkins Companies, hereinafter called "DEVELOPER".
1.
RECITALS:
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1.1
WHEREAS, "OWNER" is the sole owner, in law and/or equity, of
certain tract ofland in the County of Ada, State ofIdaho, described in
Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
1.2 WHEREAS, I.C. ~ 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owners" and/or "Developer" make a written commitment
conceI11ine 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 aareements upon th. re-zoning of land; and
1.4 WHEREAS, "Owners" and/or "Developer" has submitted an
application for re-zoning of the ''Property's'' described in Exhibit A,
and has requested a designation of (C-G) Gmeral Retail District,
(Municipal Code of the City of Meridian); and
1.5
WHEREAS, "Owner" and/or "Developer" made representations at
the public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
subject "Property" will be developed and what improvements will be
made; and
II
WHEREAS, record of the proceedings for the requested re-zoning
desi,gnation of tHe subj~t ''Property'' held before the Planning &
Zoning Commission, and subsequently before the City Council,
DEVELOPMENT AGREEMENT (RZ 05-008) W ALGREENS
PAGE 1 OF 11
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include responses of government subdivisions prgviding services
within the City of Meridian planningjurisdiction, and received further
testimony and comment; and
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1.7
WHEREAS, City Council, the 9th day of August, 2005, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
refer.nce incorporated herein as if set forth in full, hereinafter
referred to as (the "Findings"); and
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1.8 WHEREAS, the Findin&s require the "Owner" and/or "Developer"
to enter into a development agreement b.t"ore the City Council takes
final action on re-zoning designation; and
1.9 "OWNER" and/or "DEVELOPER" deem it to be in their best
inteMst to be able to enter into this Agreement and acknowleds! that
this Agreement was entered into voluntarily and at their urging and
requests; and
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1.10 WHEREAS, "City" requires the "Owner" and/or "Developer" to
enter into a development agreement for tlm purpose of ensuring, that
the "Property" is developed and the subsequent use of the ''Property''
is in accordance with the tWInS and conditions of this Agreemmt,
herein being establish.d as a result of evidence received by the "City"
in the proceedings for re-zoning designation from jovernment
subdivisions providing servi~s within the planning jurisdiction and
from affected property owners and to ensure re-zoning designation is
in accordance with the amended Comprehensive Plan of the City of
Meridian adopted August 6,2002, Resolution No. 02-382, and the
Zonina and Development Ordinances codified in Meridian City Cooe
Title 11 and Title 12.
NOW, THEREFORE, in consideration of the cov6nants and conditions ~t
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above ~itals are
contractual and binding and are incorpofated herein as if set forth in full.
3. DEfINITIONS: For all purposes of this ~eement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context ofth! presentation of the same requires otherwise:
DEVELOPMENT AGREEMENT ~ 05-008) W ALGREENS
~, PAGE 2 OF 11
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"CITY": means and refers to the City of Meridian, a party to this
.Agreement, which is a municipal Corporation and government
subdivision of the State ofIdaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
;
"OWNER": means and refers to Idaho Conference of Seventh-Day
Adventists, Inc., an Idaho nonprofit, religious corporation, , whose
address is 7777 Fairview Avenue, Boise, ID 83704, the party who
owns the said "Property" and shall include any subsequent owner(s)
of the "Property".
;;1
"DEVELOPER": means and refers to Hawkins Companies, whose
address is 8645 West Franklin Road, Boise, 10 83709, the party
developing said "Property" and shall include any subsequent
develo~r(s) of the "Property".
3.4 "PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
descri"'-d in Exhibit A dascribing the parcels to be annexed and
zoned C-G (General Retail and Service Commercial District) attached
hereto and by this reference incorporated herein as if set forth at
length.
USES PERMITTED BY TIDS AGREEMENT:
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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 11-7-2 (K) which are herein specified as follows:
Construction and d~elopment of t1ith~r a conditional use permit or
a planned development application shall he suhmitted to the City of
Meridian prior to a futurt development in the C-G zone, and the
pertin/lnt provisions of the City of Meridian Comprehensive Plan
are applicahle to this RZ 05-008 application.
4.2 No chan,ge in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJEcr
PROPERTY:
DEVELOPMENT AGREEMENT (RZ 05-008) W ALGREENS
PAGE 3 OF 11
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5.1 "Owner" and/or "Developer" shall develop the "Property)) in accordance
with the following special conditions:
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1. That no building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building, structure or land be established
or chat1ged in use without a Certificate: of Zoning Compliance (CZC).
2. That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detriml'lltal to any
persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, alare or odors.
3. That all future uses on the Property shall be required to obtain a
.Conditional Use Permit prior to construction/operation, provided,
however, that the Findings attached hereto as Exhibit B find that the
requested C.G zoning designation and subsequent retail use with a drive-
through is consistent with the definition of the C.G zone.
4. That the hours of operation on this property shall be limie:l to 6 a.m. to
11 p.m., unless otherwise modified through a future Conditional Use
Permit.
5. That vehicular access to this site shall be restricted to those approved by
ACHD and the City, in accordance with the Findings.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zonina designation reversed,
upon a default of the "Own~" and/or "Developer" ot"Ownern and/or "Developers" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing Development
of Subject Property" of this Agreement within two years of the date this Agreement is
effective, and after the "City" has complied with the notice and hearing procedures as
outlined in Idaho Code ~ 67-6509, or any subssquent amendments or recodifications thereof.
7.
CONSENT TO REVERSAL OF ZONING DESIGNATION:
"Owner" and/or "D!veloper" consents upon default to the reversal of the
zoning designation of the "Property" subject to and conditioned upon the followinS
conditions p!1:cedent to-wit:
7.1 That the "City" provide written notice of any failure to comply with
this Agreement to "Owner" and/or "D~eloper" and if the "Owner"
and/or "Developer" fails to cure such failure within six (6) months of
such notice.
DEVELOPMENT AGREEMENT (RZ 05-008) W ALGREENS
PAGE 4 OF 11
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8. INSPECfION: "Owner" and/or "Developer" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as required
by this Agreement or by City ordinance or policy, notify the City Engineer and request the
City Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "City" that apply to said Development.
9.
DEFAULT:
9.1
In the event "Owner" and/or "Developer", "Owner" and/or
"Developer's" heirs, successors, assiillS, or subsequent owners of the
"Property" or any other person acquiring an inter~st in the "Property",
fail to faithfullY' comply with all of the terms and conditions included
in this Agreement in connection with the "Property", this A!l'eement
may be modified or terminated by the "City" upon compliance with
thc'rsquirements of the Zoning Ordinance.
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9.2
A waiver by "City" of any default by "Owner" and/or "Developer" of
anyone or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any other
rijhts or remedies of "City" or apply to any subsequent bneach of any
such or other covenants and conditi&ns.
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10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this A-gr~m.nt or this Agreement, including all of the Exhibits, at
"Owner's" and/or "Develop~' s" cost, and submit proof of such Iecording to "Owner" and/or
"Developer", prior to tbl.tbird rEeling of the Meridian Zoning Ordinance in connection with
the re-zoning of the "Property" by the City Council. Iffor any reason after such recordation,
the City Council fails to adopt the ordinance in connection with the re-zoning of the
''Property'' contemplated hereby, the "City" shall execute and record an appropriate
instrument of release of this A8Teement.
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and bindillg ordinance re-zoning the ''Property'' as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by ~ither "City" or "Owner" and/or "Developer", or by any successor or
successors in title or by the assi!Ds of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
DEVELOPMENT AGREEMENT (RZ 05-008) W ALGREENS
PAGES OF 11
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12.1
In the event of a material breach of this Agreement, the parties agr.e
that "City" and "Owner" and/or "Developer" shall have thirty (30)
days after delivery of notice of said breach to correct the same prior to
the non-breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing ofsam~with
diligenc. 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.
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12.2 In the event the performance of any covenant to be performed
hereunder by either "Owner" and/or ''Developer'' or "City" is delayed
for causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay. \I:
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 impro-wments,
which the "Owner" and/or "Develop." agrees to provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Owner" and/or ''Developer''
agrees that no Certificates of Occupancy will1lle issued until all improvements are completed,
unless the "City" and "Owner" and/or ''Developer'' has entered into an addendum agreement
statilli 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, pompleted, and accepted by the "City". "
15. ABIDE BY ALL CITY ORDINANCES: That "Owner" and/or
''Developer'' agrees to abide by all ordinances of the City of Meridian and the ''Property''
shall be subject to reversal of zoning if the owner or his assi~s, heirs, or successors shall not
meet the conditions contained in the Findings of Fact and Conclusions of Law, this
Dewlopment 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 deemod dolivered if and when personally delivered or three (3) days after
DEVELOPMENT AGREEMENT (RZ 05-(08) W ALGREENS
PAGE 6 OF 11
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deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
DEVELOPER:
c/o City Eneineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Hawkins Companies
8645 West Franklin Road
Boise, ID 83709
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
OWNER:
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Idaho Conference of Seventh-Day Adventists, Inc.
7777 Fairview Aventie
Boise, ID 83704
Attn: Donald Klinger
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with copy to:
Skinner Fawcett
P.O. Box 700
Boise, ID 83701
Attn: Henry Rudolph
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16.1 A party shall have the right to change its address by deliv~ring to the
other party a written notification thereof in accordance with the
requirements of this section.
17. A'trORNEY FEES: Should any litigation be commenced bet\WlJIl the
parties hereto concerning this Apement, the prevailing party shall be entitled, in addition to
any other relief as may be iI'anted, to court costs and reasonable attorney's fees as
determined by a Court of compellnt jurisdiction. This provision shall be deemed to be a
DEVELOPMENT AGREEMENT (RZ 05-008) W ALGREENS
PAGE 7 OF II
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separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
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18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and 8@1'ee
that time is strictly of th~ essence with respect to each and every term~ condition and
provision hereof~ and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failin,g to
perform.
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19. BINDING UPON SUCCESSORS: This A8feement shall be bindinS upon
and inure to the benefit of the parties~ resp.ctive heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. 1bis
Agreement shall be binding on the "Owner" and/or "Developer" of the "Property'~, each
subseqtW:11t owner and any other person acquiring an interest in the ''Property''. NothinS
herein shall in any way prevent sale or alienation of the ''Property'', or portions thereof,
except that any sale or alienation shall be subject to the provisions hereof and any successor
!Owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Owner" and/or "Developer", to execute
appropriate and recordable evidence of termination of this AgDeement if "City" ~ in its sole
and reasonable discretion, had determined that "Owner" andlor "Developer'~ has fully
performed its oblijations under this Agreement.
'"
20. INVALID PROVISION: If any provision of this A!feement 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.
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21. FINAL:;, AGREEMENT: This Agreement sets forth all promises,
inducements, agreem~hts, condition and understandinjs between "Own.r" andlor
"Developer" and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or implied, between
"Owner" and/or "Developer" and "City", other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreexmnt shall be binding upon the parties hereto unless reduced to writing and signed by
them or their successors in interest or their assigns, and pursuant, with respect to "City", to a
duly adopted ordinance or ~solution of "City".
21.1 No condition governing the uses and/or conditions governing re-zo~ of the
subject "Property" herein provided for can be modified or amended without
the approval of the City Council after~ the "City" has conducted public
hearing(s) in accordanoe with the notice' provisions provided for a zoning
DEVELOPMENT AGREEMENT (RZ 05-008) Vi ALGREENS
PAGE 8 OF 11
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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 re- zoning of the "Property" and execution of the Mayor and
City Clerk.
ACKNOWLEDGMENTS
[:(<;(
IN WITNESS WHEREOF, the parties have herein executed this agr!ement
and made it effective as hereinabove provided.
DJJ;VELOPER:
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OWNER:
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C8~. Q.() tPr, (~( <;..........~y
IDAHO CONFERENCE OF SE N1H-DA Y
ADVENTISTS, INC., Owner
CITY OF MERIDIAN
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Attest:
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STATE OF IDAHO, )
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County of Ada, )
On this ~ day of ~ 2005, before me, the undersigned, a
Notary Public in and for ~aid State, personally appeared 4....l \~ Gr-. ~~
on behalf of Hawkihs Companies, known or identifie to me to . the
~~... ~ of said company, who executed the instrument on behalf of said
company, and ac 'wtedged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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STATE OF IDAHO:..'......
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Notary Public D
Residing at: _
My Commission Expires:
County of Ada, )
On this;2..3n:l day of Nb\)tw.W: 2005, before me, ~. undersianed, a
NotaryPublicinandforsaidState,pe~sona11yappeared ~ A, K/,f\5<<"
on behalf ofIdaho Conf~rence of Seventh-Day Adventists, Inc., known or identified to me to
be the ~5P..G-fMzt~ of said corporation, who executed,the instrument on behalf
of said corporation, a acknowledged to me that he executed the same.
IN' WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal tbt day aBd year in thi~ certificate first above written.
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DEVELOPMENT AGREEMENT (RZ 05-008) W ALGREENS
PAGE 10 OF II
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STATEOFIDAHO )
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County of Ada )
On this ~+k dayof ~lL~U)t) , 2005, before me, a Notary
Public, personally appeared Tammy de WeerCi and William G. Berg, Jr., know or identified
to me to be the Mayor and Clerk~ respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
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DEVELOPMENT AGREEMENT (RZ 05-008) W ALGREENS
~ PAGE 11 OF 11
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EXHIBIT A
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Walgreens on Ten Mile Road
RZ-OS-008
Legal Descrfption
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IDAHO
SURVEY
GROUP
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Api! 15, 2085
Praf\!lit No. 05-013
DESCRIPTION FOR
TEN M&EIAND CHERRY LANE PARCEL RC..zON!:
HAWKI_ COI'ft:tANlES
A parctll of.land IODBbi!d.. !ill SW1/4 of the SW1/4 or ~ 2. T.3N., R.1W..
8:8.. h'eridlan, A~ Cot!Inty,~. ~ pwtt:.r1y ditscrlM.as falllM~
BE(JIN~ at tha SIN comer sa~ Seeton 2:
tli8nce akmg tIwI Willi tMJundal)l f1~'q ..tt SecIon 2 fiprth 00019'07' Eait.
_5.50~ .
tnenco"eavlnj ..~ E_t balndity IlQe South 8~38'31" e..t, '317.eo (fiIIt
theiW'8 S~th 00"~19'O7" 1Y8iit. 50.00 felt;
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th8l\ce S'" OiJ'i't9'07" WMt, as.5O 'falll b a PCil9t on thl South --ill)' Il~
oftsatl S~n 2;
&,.nee ..g ltffl 5ClUth be.mllal)'''' of _d Section 21iorth Ja"38'31" '*-t,
41 T.50 feat to the REAL POI.,T OF BEOINNfNG, co~ 3.:W .crea, I'IWlte or.less.
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
~~
In the Matter of a Request for Rezone of 3,2 Acres from R-4 to C-G AND Conditional Use
Permit Approval for a New 14,490 Square-Foot Retail/Pharmacy Building with Two Drive-
Through Lanes, by Hawkins Companies.
Case No(s). RZ-05-008, CUP-05-029
For the City Council Hearing Date of: August 9, 2005
A. Findings of Fact
1. Hearing Facts
a. .. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City ~ouncil public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code ~67-
6509.
The matter was duly considered by the City Council at the August 9,2005, public
hearing(s). The applicant, affected property owners, and government subdivisions ~
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
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c. The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council. 1lI
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
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2. Process Facts
a There has been compliance with all notice and hearing requireli1ents set forth in
Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NQ4S). RZ-05-004, CUP-OS-012 - PAGE 1 of 4
:<:<
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner( s) of record at the time of issuance of these
findings is the Idaho Conference of Seventh-day Adventists, Inc.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibits E and F for the findings required for each type of application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67~
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive P!an of th~ City of Meridian, which was
adopted August 6, 2002, Resolution No. 02~382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
~ 11-17-9.
'"
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan Dated
June 7, 2005 as shown in Exhibit B, and Conditions of Approval in Exhibits C and D.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code 9 i2-3-5 and
based upon the above and foregoing Findinss of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's rezone as evidenced by having submitted the Survey and Legal
Description in Exhibit A is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan. dated June 6,
2005 is hereby conditionally approved; and,
CITY OF WERIDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-OS-004, CUP-05-012 - PAGE 2 of4
3. The site specific and standard conditions of approval are as shown in Exhibits C and D.
1'!
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. Ifthe completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this e\.ihteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous spgments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.B.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
'.
2. Please take notice that this is a final action of the govemingbody of the City of
Meridian, pursuant to Idaho Code ~ 67~6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code. .
F. Exhibits
Exhibit A: Legal Description
Exhibit B: Approved Site Plan
Exhibit C: Rezone Comments
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-OS-OM, CUP-05-012 - PAGE 3 of4
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Exhibit D: CUP Conditions of Approval
E~hibit E: Zoning Amendment Findings (Rezone)
Exhibit F: CUP Findings
01
By action of the City Council at its regular meeting held on the q~
~2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED t1~
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED \~J.Ci_
COUNCIL MEMBER KEITH BIRD
VOTED ~'-Q.
MAYOR TAMMYdeWEERD
(TIE BREAKER)
VOTED '-
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Copy served upon Applicant, The Pl~fi8,cn..~ .~g\r>~artment. Public Works Department
g,~~\\\ .
Att~t:
Dated: g- \l.05
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CITY OF MERIDIAN FINDINGS Oil FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-05-004, CUP-05-012 - PAIGE 4 of 4
EXHIBIT A
Walgreens on Ten Mile Road
RZ-OS-008
Legal Description ," . "' ". ~ ... "<i
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IDAHO
SURVEY
GROUP
"h.m", ilQiJ 816-1510
F.... {211llt ~1.i1'n
Project No. 05-013
April 15, 2005
DESCRIPT.lON FOR
TEN MfLE AND CHERRY LANE PARCEL RE-ZONE
HAWKINS COMPANIES
A parcel of land IQMted in the SW1/lf of the SWl/4 of S~ 2. T.3N., R.1W.,
8.M., MMdian, Ada County, I<f:~ mwe particularly descrl~ 81 follows:
BEGINNING a1 the SW corner said Section 2:
thence along too WM\ bouQdary lin. of said S!ttion 2 North 00019'07" East,
345.50 f~t:
thence leaving '!aid East bouncJ.ry line South 88038'31" East. 317.50 feet;
thence South QOt19'07" west, 50.00 f~;
thence South 88D38'31. EMt. 100.00 fl!let;
Vi.
thlWlce South 00"19'07" West, 295.00 feet to a RQint on the South b(llJndewy line
01 said Sec(ion 2;
"ene~: alonl the South OOundary lirw of said Section 2 North iL6-38'31" West,
417.50 ~et to the REAL POJ~T OF BEGINN"G. col)taining 3.20 lEf'es. more or less.
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EXHIBIT B
Walgreens on Ten Mile Road
CUP-OS-029
Approved Site Plan
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EXHmIT C
Walgreens on Ten l\tiIe Road
RZ-05-008
Rezone Comments
9t:
Recommended deletions are striketMoughs and additions are in bold and underlined.
ZONING AMENDMENT COMMENTS (Rezone)
1. The subject property is within the Urban Services Plarming Area. The Public
Wodes Department has confirmed that the submitted legal description meets the
requirements of the City of Meridian and the Idaho State Tax Commission.
Prior to the rezone ordinance approval, a Development Agreement (DA) shall be
entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoptionj, and the developer. The applicant shall contact the
City Attorney. Bill Nary. at &88-4433 to initiate this process. The DA shall
incorporate the following:
. That no building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building, structure or land be established or
changed in use without a Certificate of Zoning Compliance (CZC).
. That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of e~cessive production of traffic,
noise, smoke, fumes, glare or odors.
. That all future uses on the property shall be required to obtain a Conditional
Use Permit prior to construction/operation.
. That the hours of operation on this property shall be limited to 6 a.m. to ..J..G- 11
p.m., unless otherwise modified throQgh a future Conditional Use Permit.
. That vehicular access to this site shall be restricted to those approved by
ACHD and the City. ."
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2.
II
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.
EXHmIT D
Walgreens on Ten Mile Road
CUP-05-029
CUP Conditions of Approval
,(.
SITE SPECIFIC CONDITIONS
1. The site plan prepared by Hawkins Companies, labeled ill 692~ LE-l, dated &:I-
~ 7-26-05 is approved as submitted, The landscape plan prepared by South
Landscape Architecture, P.C., labeled L-1.0, dated 3-11-05 is not approved as
submitted. With the Certificate of Zoning Compliance (CZC) application, submit
a revised. site plan and a revised landscape plan that show the requested right-of-
way dedication and reflect the other changes noted in the conditions below.
2. Prior to issuance of a Certificate of Zoning Compliance (CZC) for this site, the
applicant shall submit written documentation that includes consent from the
property owner to the north (currently Vance) to construct an off-site driveway to
Ten Mile Road. Documentation providing reciprocal cross-access for both
property owners to use said driveway shall also be provided. Further, the
applicant shall approach the other property owner to the north (Parcel No.
S1202336314) about removing the southern driveway they have to Ten Mile
Road and utilizing the proposed shared driveway as well. If the proposed shared
driveway to the north does not get built for any reason, an all weather access road
must still be maintained to provide access for City of Meridian maintenance crews
to the well housep
3. The submitted landsca~ plan prepared by South Landscape Architecture, P.C.,
dated 3-11-05 is not approved as submitted. The applicant should submit 10 full
size copies and one 8.5" x 11" copy of a revised landscape plan to the City Clerk
at least 10 days prior to the City Council hearing. The following modifications
should be included in the revised plan:
a. Construct a 25-foot wide landscape buffer along Ten Mile Road and
Cherry Lane, located entirely outside of the right-of-way. The
sidewalk for Chmy Lane and Ten Mile Road may not be counted as
part of the landscape buffer width. In accordance with MCC 12-13-10,
install one tree within said buffer for every 35-feet of frontage on the
Cherry Lane and Ten Mile Road. -.
b. Construct a 25-foot wide landscape buffer alo~ the east property line.
The easternmost edge of the driveway to Cherry Lane shall be located
a minimum of 2S-feet from the east property line, and not encroach
into the landscape buffer. Said buffer shall contain materials in
accordance with MCC 12-13-12-3.
c. Replace the existing wood fence along the east property line and
construct a six-foot tall eMU wall, as proposed. Construct a four-foot 1;;
tall eMU wall along the north landscape planter, as proposed.
Exhibit D
Il!
d. Construct a M--9-foot wide landscape buffer with trees and shrubs
between the retail use and the existing home to the north, as proposed.
Said landscape buffer is approved with alternative compliance.
e. Construct internal planter islands within the parking area to prohibit 13
or more continuous parki~ stalls. Each interior planter shall be
landscaped with at least one tree and shall be covered with low shrubs,
lawn, or other vegetative groundcover (MCC 12-13-11-3).
f. Construct a minimum 5- foot wide landscape strip from the north
property line and the drive aisle (adjacent to the City well lot). Plant a
minimum of one tree per thirty-five feet and shrubs, lawn, or other
vesetative groundcover within said landscape strip (MCC 12-13-11-2).
g. The applicant shall work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection/mitigation plan for
the ~isting trees on site.
h. The applicant shall construct additional screening for the White
property to north, including a 4- foot fence along the southern property
line of the White property (Parcel No. S 1202336314), as proposed.
4. The area shown for future development on the submitted site plan shall be
maintam.a fFee af oomb1:lstible y.~eget8tiOft (weeas). Imoroved with Bass until
further use is determined. This future pad site does not currently have its own
lot and a division of the property will be required prior to issuance of a building
permit for a second principal structure on this site.
5. No signs are approved with this CuP application. All business signs require a
separate sign permit in compliance with the sign ordinance. All signage shall be in
accordance with the standards set forth in this repQ,J1 and Section 11-14 of the City
Zoning and Development Ordinance.
6. Meridian City Code requires that this site be served with a pressurized,
underground irrigation system. Use ofnon-})()table irrigation water is required
when determined to be available by the City Public Works Department as
regulated by MCC 9-1-28. If a creek or well source is not available, a single-
point connection to the municipal water system shall be required. If a single-point
connection is used, the developer shall be responsible for the payment of
assessments for the irragable common areas prior to signature on the :final plat by
the Meridian City Engineer. I,""
7. At the public hearing, the applicant shall update the Commission on the outcome
of the meeting with the Meridian Police Department regarding means of
increasing visibility to the drive-through facility.
8. Sanitary sewer service shall be from the city of Meridian's existing systems
adjacent to the site. Upgrading of existin8 service lines may be necessary to
provide a level of service different from the current church use. The future pad
site is being shown to be served by a stub from an existin,g main in W, Cherry
-2-
Exhibit D
Lane. No sewer main exists at this location. The applicant will be required to
install any new mains that may be required to provide service. The applicant shall
coordinate main sizing and routing, for any needed main, with the City of
Meridian Public Works department, or submit detailed design plans for how the
applicant proposes to service the future pad site with sewer.
9. Water service to this site is being proposed via an extension of service lines from
water mains located in the private drive abutting the north side of this project.
The applicant shall construct any water mains necessary to service this proposed
development. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service. Coordinate main
size and routing with Public Works.
10. Any future change of use on the property shall require conditional use permit
approval.
11. Comply with the conditions and comments of all City Departments, and other
agencies.
12. All required improvements must be complete prior to obtaining a Certificate of
Occupancy for the proposed development. A temporary Certificate of Occupancy
may be obtained by providing surety to the City in the form of a letter of credit or
cash in the amount of 110% of the cost of the required improvements (includinQ
paving, striping, landscaping, and irrigation). A bid must accompany any request
for temporary occupancy. Any temporary occupancy will not exceed 60 days to
complete the required improvements.
13. If construction has not begun within 18 months of City Council approval, a new
conditional use permit must be obtained prior to the start of development.
14. Outside lighting shall be designed and placed in such a manner as to eliminate
:glare and illumination of the adjoining roadways and properties, in accordance
with City Ordinance Section 1I-13-4.C.
15. A drainage plan desi811ed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all
off-street parking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publication Catalog
of Storm Water Best Management Practices for Idaho Cities and Counties alid
City of Meridian standards and policies. Off-site disposal into surface water is
prohibited unless the jurisdiction which has au1hority 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.
+
Exhibit D
16.
Applicant's (or successor's) failure to comply with any of the terms of approval
of the conditional use permit shall be cause for revocation of the conditional use
permit.
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OTHER AGENCY COMMENTS & CONDITIONS
MERIDIAN PUBLIC WORKS DEPARTMENT
\11
1. All development improvements, including but not limited to sewer', fencing,
micro-paths, pressurized irri~tion and landscaping shall be installed and
approved prior to obtaining certificates of occupancy.
2. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior
to signature on the final plat per Resolution 02-374.
3. It shall be the responsibility of the applicant to ensure that all development
features comply with the Americans with Disabilities Act and the Fair Housing
Act.
4. Applicant shall be responsible for ap~cation and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency.
5. Applicant shall be responsible for application and compliance with any Section
404 Permitting that may be required by the Army Corps of Engineers.
6. All grading of the site shall be petformed in conformance with MCC 11 ~12-3H.
7. Compaction test results shall be submitted to the Meridian Building Department
for all building pads receivinj engineered backfill, where footing would sit atop
f11l material.
8. Any e~isting domestic wells and/or septic systems within this project shall be
removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape irrigation.
9. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by
the appropriate irrigation/drainage district, or lateral users association ~(ditch
owners), with written approval or non-approval submitted to the Public Works
Department. If lateral users association approval can't be obtained, plans shall be
reviewed and approved by the meridian City Engineer prior to final plat signature.
10. Please submit all updated groundwater/soils monitoring data to the Public Works
~epartment for review. Any drainage areas (detention/retention basins) must be
designed to ensure that water is retained only during l00-year storm events, and
-4-
Exhibit D
for a period of time not to exceed 24 hours. Side slopes within drainage areas
shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass
seed (or other approved landscaping) shall not count towards the required open
space area. The project engineer should pay close attention to the results of field
studies determining the groundwater, soil type & and characteristics during the
design and construction phases. The engineer shall be required to certify that the
street centerline elevations are set a minimum of 3-feet above the highest
established normal groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above.
*
11. One hundred watt, high-pressure sodium streetlights shall be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire
hydrants. Final design locations and quantity are determined after power designs
are completed by Idaho Power Company, The street light contractor shall obtain
design and pennit from the Public Works Department prior to commencing
installations.
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MERIDIAN PARKS DEPARTMENT
1. Standard for Mitigation of trees: The ~tandard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
MERIDIAN FIRE DEPARTMENT
1. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it. 0 :l W
c. Fire hydrant markers shall be provided per Public Works spec. o.
d. Locations with fire hydrants shall have the curb painted re<\ 10' to each
side of the hydrant location. 0'
e. Fire Hydrants shall be placed on comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
.g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC
Section 509.5.
- 5 -
Exhibit D
3. All entrance and internal roads shall have a turning radius of 28' inside and 48'
~~~~. H
4. All common driveways shall be straight or have a turning radius of 28' inside and
48' outside and shall have a clear driving surface which is 20' wide.
5. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix D Section DI03.6 Signs.
6. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation.
7. Fire lanes and streets shall have a vertical clearance of 13'6". lbis includes
mature landscaping.
8. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site.
9. Commercial and office occupancies will require a fue-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed per Appendix D.
.
10. The officeJcommerciallots lot will have an unknown transient population and will
have an unknown impact on Meridian Fire Department call volumes. The Meridian
Fire Departmellt has experienced 2612 responses in the year 2001- According to a
report completed by Fire & Emergency Sth'ices Consulting Group our requests for
service are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
11. Maintain a separation of 5' from the building to the dumpster enclosure.
12. Provide a Knoxbox entry system for the compl~ prior to occupancy.
13. All aspects of the building systems (includinS exiting systems), processes & storage
practices shall be required to comply with the International Fire Code.
14. Provide exterior egress lighting as required by the International Building & J<'ire
Codes.
15. Where a pt>rtion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the merior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
.6-
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Exhibit D
,,:
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved Ilautomatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
16. There shall be a fire hydrant within 100' of all fire department connections.
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17. This project has no fire department concerns.
MERIDIAN POLICE DEPARTMENT
1. The proposed drive through has limited visibility from a public street. Prior to the
next public hearing, the applicant ~lall meet with the Police Chief to discuss
methods of increasing visibility to the facility.
SANITARY SERVICES COMPANY
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your
pro~sal and submit stamped (approved) plans with your certificate of zoning
compliance application.
NAMPA & MERIDIAN IRRIGATION DISTRlCT
1. Nampa & Meridian Irrigation District has no facilities that will be impacted by
this proposed project. If all stonn drainage is retained on-site there will be no
impact on Nampa & Meridian Irrigation District and no further review will be
required. However, if any surface drainage leaves the site, the Nampa & Meridian
Irrigation District requires that a Land Use Change Application is filed for review
prior to final platting.
2. All laterals and waste ways must be protected.
3. The developer must comply with Idaho Code 31-3805.
4. It is recommended that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
SETILERS' IRRIGATION DISTRICT
1. All irrigation/drainage facilities along with their easements must be protected and
continue to function. The facility involved is the Settlers Canal (40' easement)
located along the south boundary of the property.
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of any
S.I.D. facilities, or within its easements.
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Exhibit D
4. Any changes to the existin,g irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers Irrigation District.
)f;
5. All stonn drainage must be retained on-site.
ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS OF APPROVAL
1. Dedicate 54-feet of right-of-way from the centerline ofTen Mile Road abutting
the parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
issuance of a building permit (or other required pennits). Allow up to 30 business
days to process the right-of-way dedication after receipt of all requested material.
The owner will be paid the fair market value of the right-of-way dedicated which
is an addition to existing ACHD ~t-of-way if the owner submits a letter of
application to the impact fee administrator prior to breaking ground.
Compensation will be non-impact fee eligible.
OR
The applicant may dedicate 48-feet from centerline and provide a 6-foot wide
sidewalk/utility easement beyond the 48-feet.
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2. Dedicate 6-feet of right-of-way from the existing tight-of-way line abutting the
parcel by means of a warranty deed. The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
issuance of a buildin8 pennit (or other required pelD1its). Allow up to 30 business
days to process the right-of-way dedication after receipt of all requested material.
The owner will be paid the fair market value of the right-of-way dedicated which
is an addition to existing ACHD right-of-way if the owner submits a letter of
application prior to breaking ground. Compensation will be non-impact fee
eligible.
OR
The applicant may provide a 6-foot wide sidewalk/utility easement in lieu of "
right-of-way.
'"
3. Construct a 24 to 30-foot wide c\ld) return right-in/right-out driveway on Cherry
Lane located at the west property line. Construct a median in Cherry Lane from
Ten Mile Road to a point approximately SO-feet east of the driveway. The
median should be constructed to restrict this driveway, but should not interfere
with the full access movements of the driveway tg the south and east. The
driveway may shift westward, no more than 50-feet, to provide a larger buffer to
the residence to the east.
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"
Exhibit D
4. Construct a 30 to 35-foot wide curb return driveway on Ten Mile Road located at
the north property line as proposed; provided that the adjoining property owner
(Vance) has agreed to a portion of the driveway being constructed on his property.
Submit written documentation from that owner for consent and cross access. If an
agreement is not reached with the adjacent owner, then the driveway will need to
be shifted to the south and the applicant will need to submit revised drawings and
the driveway location and function will need to be re-evaluated.
l"l
5. Close any curb cuts or driveways that have not been approved with this
application, with curb, gutter and sidewalk to match existing improvements.
6. Comply with all Standard Conditions of Approval.
~
STANDARD CONDITIONS OF APPROVAL
1. Any existing irrigation facilities shall be relocated outside of the right-of~way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged du.rin,g the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
'.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer fe.tP.stered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building pennit (or other required permits), which incorporates any required
design changes. ~.
lil
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road Impact Fee 9rdinance.
-9-
Exhibit D
~.E
9. It is the responsibility of the applicant to verify aJI existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the tenns and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and 1~1 restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
1\~.1!1'lll I<'i
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EXHIBIT E
Walgreens on Ten Mile Road
RZ-05-008
Zoning Amendment Findings (Rezone)
STANDARDS FOR ZONING AMENDMENTS
The Commission and Council shall review the ~rticular facts and circumstances of
each proposed zoning amendment in terms of the following standards and shall fmd
adequate evidence answering the following queitions about the proposed zoning
amendment (11-15-11):
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive plan amendment;
City Council finds that the 2002 Comprehensive Plan Future Land Use Map
designates the subject property as "Public/Quasi-Public." Public, Quasi-Public,
and Open Space areas are designated to preserve and protect existing private,
municipal, state, and federal lands for area residents and visitors (page 99,
Comprehensive Plan). However, the Comprehensive Plan was recently amended
with Resolution No. 04-454, which states that upon redevelopment of properties
desi,gnated for public, quasi-public, and open space, a change in designation and
use may be appropriate. The redevelopment of these areas should be guided by
the intensity of the e'iisting use, the underlying zoning of the property, the
surrounding land uses, the location of the property, and transportation issues
associated with the proposed development of the property. The appropriate land
use designation and accompanying zoning for these areas will be determined by
City Council on a case by case basis.
While the Comprehensive Plan Future Land Use Map does not explicitly support
a commercial zoning of this property, City Council finds that there are several
Comprehensive Plan policies that support evaluating this site for a zone not
specifically envisioned by the Map (see below).
.
''The Meridian Comprehensive Plan is an official policy guide for
decisions concerning the physical development of the co~unity"" It
indicates, in a general way, how the community may develop in the next
five to ten years." (Chapter I, Section B of the Comprehensive Plan)
Furthermore, in Chapter VII, Section C, "Future Conditions" states the following:
"Figure VII-2 [The Comprehensive Land Use Map] depicts desired future
land use categories and their location within the Impact Area. The areas
depicted on the map are conceptual and, therefore, will require further
analysis prior to the creation of a zoning map."
;'
Exhibit E
City Council believes that the public/quasi-public designation was placed on this
property in 2002 when the Comprehensive Plan was adopted because it was
functioQjpg as a church. The Comprehensive Plan did not originally anticipate any
churches redeveloping with non-public/quasi-public uses; Resolution No. 04-454
does accommodate for redeveloping churches. Further, the other three comers of
the Ten Mile Road/Cherry Lane intersection have developed with non-residential
uses. Due to the development patterns of the surrounding area, City Council
believes it would be appropriate to extend the commercial designation from the
southwest (Albertson's) to this property. City Council further finds that a
commercial zone/use could harmoniously co-exist with the residential uses to the
north and east as well as the commercial uses to the south, west and southwest.
However, due to the close proximity of the single-family homes, City Council is
recommending that any future use on this site be required to obtain CUP approval.
The applicant has requested C-G zoning (General Retail and Service Commercial
District) for this property. The purpose of the C-G zone is to ''provide for
commercial uses which are customarily operated entirely or almost entirely within
a building; to provide for a review of the impact of proposed commercial uses
which are auto and service oriented and are located in close proximity to major
highway or arterial streets; to fulfill the need of travel-related services as well as
retail sales for the transient and permanent motoring public.H MCC 11-7-2 City
Council finds that the requested C-G zoning designation and subsequent retail
use with a drive-through is consistent with the definition of the zone.
City Council believes that the quasi-public area that will be converted to
commercial with the approval of this application will be relocated to Black Cat
Road where the church intends to construct a new building. The church has
submitted an annexation application to the City requesting that 5 acres of land
located on Black Cat Road, south of Cherry Lane, be annexed and zoned to L-O
for a new church (AZ-05-024). City Council believes that if both zoning
amendments are approved, the designated public/quasi-public area designated on
the Future Land Use Map for this site will be preserved, just in an area
approximately one mile to the west.
City Council also finds the following Goals, Objectives, and Action items
contained in the 2002 Comprehensive Plan to be applicable to this application
(analysis is in italics below policy):
. "Restrict curb cuts and aCC65S points on collectors and arterial streets."
(Chapter VII, Goal IV, Objective D, Action item 2)
On the submitted site plan, the applicant is proposing direct access to Cherry
Lane and Ten Mile Road, ooth arterial streets. The ACHD has tentatively
approved a right-inlright-out only access to Cherry Lane and a full access to
Ten Mile Road. Thefull access approval to Ten Mile Road is conditioned on
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Exhibit E
the applicant obtaining consentfrom the property owner to the north (Vance)
to construct a portion of the driveway on his property. See comments from
ACHD for further analysis.
"
. "Require appropriate landscape and buffers along transportation corridors
(setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV,
Objective D, Action item 4)
By City Ordinance, a 25-foot wide landscape buffir is required adjacent to
Cherry Lane and Ten Mile Road (MCC 12-13-10-4. Twenty-fivefoot wide
buffirs, exclusive ofright~of-way, should be constructed adjacent to the
arterial streets.
. "Require all commercial businesses to install and maintain landscaping,"
(Chapter V, Goal III, Objective D, Action item 5)
In order to operate a commercial business on this site, the applicant will be
required to construct landscaping along Ten Mile Road, Cherry btme,
adjacent to the single-family residences, and internally. The applicant has ~
askedfor an alternative to compliance with the standard 25-foot wide
landscape buffer requirement to the north.
. "Require that development projects have planned for the provision of all
public services" (Chapter VII, Goal In, Objective A, Action items 1 and 4)
On May 27, 2005, ajoint agency/department comments meeting was held with
representatives of hy service providers to this property. In that meeting no
deficiencies of public services to serve this property were raised.
. "Plan for a variety of commercial and retail opportunities within the Impact
Area." (Chapter VII, Goal 1, Objective B)
City Council believes that the proposed zone does contribute to the variety of
uses in this area.
City Council finds that the new zonin~ to C~G can be harmonious with and in
accordance with the Comprehensive Plan, as amended by Resolution No. . 04-
454. if the awli,ant enters into a devel06ment af'eement and all the
conditions of apprQval for the concurrent conditional use permit are complied
with.
B. Is the ar~a included in the zoning amendment intended to be re-zoned in the
future;
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Exhibit E
City Council finds that the proposed fe-Zone and accompanying development
plans generally comply with the requested zone and City Council does not
anticipate that the property will be rezoned in the future.
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c. Is the area included in the zoning amendment intended to be dev!?loped in the
fashion that would be allowed under the new zoning-for example, a
residential area turning into a commercial area by means of conditional use
permits;
Retail uses are principally permitted (allowed) in the requested C-G zone.
However, drive-inldrive-through establishments require CUP approval in all
commercial zoning districts of the City (MCC 11-8-1). City Council finds that the
applicant has concurrently submitted detailed development plans for a
Conditional Use Pennit for the proposed dual drive-through lanes with the rezone
request. City Council further finds that the proposed retail use with a drive-
through will only be allowed with the approval of the requested CUP (CUP~05-
029).
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
rallroad access been developed or planned or adjacent area being developed
in a fashion .imilar to the proposed rezone area;
The arterial streets adjacent to this site have been widened to five lanes adjacent
to this site. Ten Mile Road, from Franklin Road to Ustick Road, is currently
within ACHD's Five-Year Work Program for reconstruction. City Council finds
that the other three comers have been developed in a fashion similar (non-
residential) to the proposed development. Further, the recent annexation and
zoning of several residential subdivisions in this area have made the current
church building too small for the growing congregation. City Council finds that
these factors dictate that the subject property be rezoned and developed
commercially.
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Will the proposed uses be designed, constructed, operated end maintained to
be harmonious and appropriate in appearance with the eJisting or intended
character of the general vicinity and that such use will not change the
essential character of the lame area;
City Council has included conditions related to design, construction, oilation
and maintenance that City Council believes will allow the proposed use(s) to be
consistent with the e~isting character of the .neral vicinity. City Council
believes that the character of the area will change with the approval of the subject
applications; however, City Council believes that the change is appropriate.
E.
F. Will not be hazardous or disturbing to etisting or future neighboring uses;
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Exhibit E
City Council finds that a 24-hour drive-through pharmacy may be disturbing to
the existing residents in the area. However, if landscape buffers and access points
are installed, and the hours of operation are limited, City Council finds that the
requested rezone and subsequent commercial uses and drive-through should not ~,
be disturbing to the existing or future neighboring uses. To ensure that any future
use on this site will not be hazardous or disturbing, any future change of use on ('I
the property will also require conditional use permit approval, and adjoining
property owners will have an opportunity to comment.
G. Will be served adequately by essential public facilities and services such as
highways, street, police, and frre protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed conditional use shall be able to provide adequately MlY such
service;
On May 27,2005, ajoint agency/department comments meeting was held with
representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received from
agenciewdepartments, City Council finds that the public services listed above can
be made available to accommodate the proposed development.
Sanitary sewer and water are currently available to this site. Water mains are
located in both Ten Mile Road, and W. Cherry Lane. Sewer mains are located in
N. Ten Mile Road. The applicant and/or future property owners will be required
to pay any applicable park and highway impact fees as well as construct on-site
stonn water drainage facilities.
City Council finds that the proposed uses can be adequately served by all essential
public services and facilities.
H. Will not create excessive additional requirements at public cost for public
facilities and service. and will not be detrimental to the economic weHare of
the community;
City Council finds that the requested zoning/uses will not create excessive
additional requirements at public costs for public facilities and services.
Additionally, City Council finds that the proposed rezone would not' be
detrimental to the economic welfare of the community. \Ii
I. Will not involve ules, ictivitiet, processes, materials, equipment, and
conditionl that will be detrimental to any persons, property, or gener.al
welfare by reason of excessive production of tramc, noise, smoke, fumes,
alare or odors;
If the subject rezone application is approved, the applicant intends to construct a
retail building with a drive-through and a future retaillbank: building on this site.
.
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Exhibit E
Based on the traffic impact study prepared for this development, the site is
anticipated to add 1,115 new vehicle trips to the road network at full build out.
City Council finds that the proposed use and zone will generate additional traffic
on adjacent roadways above and beyond the existing church. City Council
recognizes that traffic and noise will increase with the approval of this
development; however, City Council does not believe that the amount generated
will be detrimental to the general welfare of the public.
City Council does not anticipate the proposed zone and subsequent use(s) will
create excessive noise, smoke, fumes, glare, or odors. If all conditions of approval
are complied with, City Council finds that the proposed zoning/use should not be
detrimental to people, property or the ~general welfare of the area.
J. Will have vehicular approaches to the property which shall be so designed as
not to create an interference with traffic on surrounding public streets;
On June 8, 2005, the ACHD Board of Commissioners approved two vehicular
access points for this site. Althou,gh neither of the access points meets the
District's policy for location, the Board approved a right-in/right-out driveway to
Cherry Lane and a full access driveway to Ten Mile Road. City Council finds that
the approved vehicular approaches to the property should not interfere with
general traffic patterns on the adjacent public streets. Please reter to the ACHD
report for more details on access to this property.
The proposed site plan shows two drive-through lanes and an escape lane on the
east side of the proposed building. City Council is supportive of the layout for the
proposed drive-throU&h lanes and proposed traffic flow pattern for this lot, as
stacking vehicles should not interfere with internal traffic flows or traffic flows on
the adjacent streets.
K. Will not result in the destructron, loss or damage of a natural or scenic
feature of major importance.
City Council is unaware of any natural of scenic features of major importance on
this site and finds that no natural or scenic features of major impertance will be
lost or damaged by approving the rezone application.
L. Is the proposed zoning amendment in the best interest of the City;
In accordance with the findings listed above, City Council finds that the proposed
zomng o{this property would be in the best interest of the City.
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EXHIBIT F
Walgreens on Ten Mile Road
CUP-05-029
CUP Findings
t;f
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of
each proposed conditional use in terms of the following, and may approve a
conditional use permit if they shall fmd evidence presented at the hearing(s) is
adequate to establish (11-17-3):
A. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
All proposed building setbacks meet the minimum standards outlined in Titles 11,
Meridian City Code.
City Ordinance requires one (1) off-street parking space per 200 square feet of
retail use. The proposed retail building is 14,490 square feet. Thus, the project
requires seventy-two (72) spaces for the retail use; 80 spaces are proposed.
The required landscape buffer between the proposed retail use and the residences
to the north and east is 25-feet. A 2S-foot wide buffer is proposed to the east.
Meridian City Code requires that within three (3) years, sixty percelI1t (60%) or
more of the vertical surface is closed and prevents the passage of vision through
it. The applicant is requesting alternative compliance to the required landscape
buffer to the north. The applicant originally proposed to retain the wood fence
along the east boundary. At the neighborhood meeting, an adjacent neighbor,
stated that the three residences to the east would prefer to have a eMU wall. The
applicant has agreed to replace the existing wood fence and construct a CMU wall
along the east property line, up to the well lot.
City Council finds that the subject property is large enough to accommodate the
required yards ( setbacks), open spaces, parking, landscaping and other features
required by the ordinance for retail uses. However, the applicant is requesting
alternative compliance for the land use buffer to the north.
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B. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
thil Ordinance;
Please see Standards for Zoning Amendment "A". The proposed site plan shows
two drive~through lanes and an escape lane on the east side of the proposed
building. City Council is supportive of the layout for the proposed drive~through
Exhibit F
lanes and proposed traffic flow pati~ for this lot, as stacking vehicles should not
interfere with internal traffic flows or traffic flows on the adjacent streets. City
Council finds that if the applicant complies with all conditions of approval noted
in this report, the development will be hannonious with the Meridian
Comprehensive Plan and in accord with the requirements of the Zoning
Ordinance.
C. That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the eSfential character of the same area;
Please see Standards for Zoning Amendment "A".
D. That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
If the applicant complies with all conditions of approval, City Council does not
anticipate that the proposed development will have an adverse impact on other
property in the vicinity. -
E. That the proposed Ule will be served adequately by essential public facilities
and services such .. highways, street, police, and ftre protection, drainage
structurel, refuse disposal, water, .ewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
Please see Standards for Zoning Amendment "G".
F. That the proposed use will not create eJtcessive additional requirements at
public cost for public facilities and service. *nd will not be detrimental to the
economic welfare of the community;
Please see Standards for Zoning Amendment "H".
G. That the proposed uft will not involve activities1 or processes, materials,
equtpment, and condition. of operation that will be detrimental to any ;u
persons, property, or general weHare by reuon of excessive production of
traffic, noise, smoke, fumes, glare or odor.; .
Please see Standards for Zoning Amendment "I".
H. That the proposed use will have vehicular "pproaches to the property which
shall be so desped . not to create an interference with tr.ffic on
surrounding public streets;
I
Exhibit F
I
,
Please see Standards for Zoning Amendment "J".
That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
City Council does not believe that the proposed development will result in the
destruction, loss or damage of a natural, scenic or historic feature of major
importance.
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