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Walgreen's Pharmacy MI 06-002 ~ ~ ~ ... ADA COUNTY RECDaDER .k DAVID ~VARRO '.UIfI' 00 46 IDlE IDAHf) 11116/l1i 01:39 P.M . ~~~:E~~::ST OF 1111111111111 111111111111111111111111 City olMlridilll 106180817 t' 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. ;( 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. (S .....-.....,....{ "::::::::::: : -" .' "t--.:.. ':::;..~ ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-002 WALGREEN'S PHARMACY) PAGES OF S "i!> ~ \',I~r"""""'~~~~";!.=~~ ..t:--r.:;/blfif:1iJ......;;.-'""'........, ~ rl 11"" (1 m #! Ii) ~ E'XlKRIT A ?i, , I Walgreens on Ten Mllell.oad ~5-008 g Legal Descl"iption .. }; " -_...,-- . II IDAHO SURVEY GROUP r"lll E:llJ ......~rt:;.1Ir s~ SUl!~ Iso Hctld....'.loh1of i-tK! ,!':hone 1'1II)_a.-ro ~ {2Il1:ltOl-MM 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; . thlfl\~ SQlJth Qll"19'01" ""esl, 295.5D fe&l tp a poiRt on .llOllllh bOU1idowy line oJ Mid Secllon 2; I' ; ~, '113'. 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. I \, i \ I I l.........\./ .~ .-",j./ ;l~:.~ "; .0 ~ ",", . ~." _...d:"~' . t"'l'i&\<"- \\I 'I Gre~ G. CaiUr. P.L.S. S,-li$[; PrD!~~'I- (O!J4lUT'~"'Otl~dac tl'd Bse!"y88 19ual 1M tlSJ dGt:;O so Sl ~dW <<~ -~ I' . I, . " p; ~.'<'!!.~ ~_~..M ~ ~ " ._.,."' 'ii0< r~~~~ ~ ~Ml'J~','::'Jl :;; !~~ lk~l ll."'lW, .. . ._~- . i~!!:; ~..;.~.~t~l l~~" ~ '.', ~ ;j~ t'\'U JIl 11 "-' ~ll ~ ~. ;." K~ ~ 'l1 ,. ~ :'l )l; il l"tt ;e~ >J ~ ~, Tillis lUleet has been aiclem to document to accommocllt1e recording Information. }.i m .'9 !I. I' I I~ r~ " ::.t fill -.. i I " >1>X' ii >'\.'!! ~ ... " ~ -.- ,it{( ". ~ " 2 ~ Ii; I}~i.: ~ u:iI;:~1 ~!i~~~K~......~~~~~~-~~-~Iif:.~~~~;~.~-.~A~"",I.r.[!~'r:~:Jt::';i~:1.~'';'';\!..~F''''.II:SF~,:~'.r,' 18m 1{ li ~ ~; ~ " ,-- '" f' '~ l~~ -:- ~ 1i R~ ~~. ~.' M. ~_\ DE~LOP:.MENT AGREEMENT :~ PARTIES: 1. 2. 3. City of Meridian Idaho Conference of Seventh-Day Adventists, Inc., Owner Hawkins Companies, Developer >:r..l 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: !:i 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 1.6 t\ ~~Ji~~-:~_~~.~~ll~l!f~~~~ ~:~~:~ ;(l;"&.;;;~~i";#. ~ ~~~ ;,; ,", ~A~"",",~"",,,,~~~,,=,,, ," .n iP.:-: !;i !$ t'. I " ! " \\'2l ') . I I I, I I I! 'il ~ ': 11 I " $i~ if. ~ "," ,m jj!! ~~ . ~ ~ ~~ !J t?~ ~ include responses of government subdivisions prgviding services within the City of Meridian planningjurisdiction, and received further testimony and comment; and ~ :-t~ 1.7 WHEREAS, City Council, the 9th day of August, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this refer.nce incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 'fl$.: 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 :1Ii:1 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 ill _W~~;~-""""""'''~~~~~~''A<: ~ Pi !li ~ ~~a.!W}.!J t~;~ ~.~, r~~--~Ijt~"t~~~ ~~ i ...~ ~l (S ~ ~ 'I! 3.1 3.2 3.3 ~ 4. ~ ,~: ~= !li _ 'l\U "" ,~" Ijfi ~ ~, :~""""1! ~_I Ii ~ ~ "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: r< 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 ~ = III ,","='~~'1~~~::!M..",,_:w:"'~1I'. ~"i ... i; .~~ :';:i ;:l f':~ (;~(, ~M - ;:r.. ':1 5.1 "Owner" and/or "Developer" shall develop the "Property)) in accordance with the following special conditions: ~ 1. That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or 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 )~~~--~ ..' r,. ~ "" iii: ji l.t ;mi; (~Tlj~'<=',:,=,::'~~~~ i.. ~~ fi) oc"- .,~ ~a .if""" If \'i 1M \', 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. .. ~ 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. ilIi 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 ~~/,~~ ~Nm wm~~~~~~i'4~~ !< I,.~i ~_Tl ~ I, i . ~ I,i \- . r- '\ o'! :;;3~;~.~~ t:-!i7.: ~ ~ ij;l [Iol';~ ~ ill 'L ;Jj ! " !" d w-, l' ii.": 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. {; ;0 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 .. ~"~; ~,,,,~>:~)~"'li:~~~~ ~ ~~~....~~,l,;.'~J!.~~'II ~ '" ! : ~ ' ,. ~ iJ ,I :'I.: :"t \ i h ;,j:l" --I' ~ '. ~_f-:!-~):1f"JA~l] "{t!f . M !l; r\i> c.~.~/}, 1't.:W': ~ rr~ N_';:;~;tMJ.~~,~....~..x.:.:c;:~I~.lm:r.~JZ~~:~I:;-~.-- ~n.""~-:fnrlf;;:r""'?:"""'l9:.~~.W=J~~ ....' ~ !l, ~ n . C%:~ Jii)':ol . ~ I . >'i : 1\ ~ ,~ III '" .. 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: .. ~J if Idaho Conference of Seventh-Day Adventists, Inc. 7777 Fairview Aventie Boise, ID 83704 Attn: Donald Klinger ~ with copy to: Skinner Fawcett P.O. Box 700 Boise, ID 83701 Attn: Henry Rudolph 1:; 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 ~ !: .'.~, 1JI"''''/Ij=~1i1i~ \%!~=,________"" _"\'Iai/~~~~""'''''~1~1l''4~,,"--=''I>' ":1 ~>l' ~ ~M'-: ~~~~~~~~~ ~~ :m 1(1 :@,I:: ~~~~;;~ ij(l) ~c~ JF.".i ~~~~ ~J~.~~ft!W~I'"~~~~~ )!o'&*.~ ~ - 'ff' ~... 'It' ~ Wi ~ ~ ,'~flt iP ,lIi1 ~~, ;;- * r:i 'If, I!il 'X'~ ~ :!Il ;...,..: separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. ,', 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and 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. "" r I I <l! 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. '. . i'i < , I I ( OJ 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 \, i[ ~ =~""",~m ~,~ ~~~ ~ ~ m: :::i ~:;;. ~\~"I ~~j1!: ~~':"'~l~~~~ ~ ~ " ~ ~! "" ~, g~" c ~ '!1. "''l< .J:] :':4 ;l 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: :! ~~~ I ~vrMe'Ai.lze'~ ~,1(,..~:r- OWNER: >!) C8~. Q.() tPr, (~( <;..........~y IDAHO CONFERENCE OF SE N1H-DA Y ADVENTISTS, INC., Owner CITY OF MERIDIAN ~ Attest: "1 ~=.';ll~-~~-l\l--"-\!;; -..:: f:~ ~~ '" 11I1 ''- '>1 ';I) fl . l'l 0''', , ,. ~I ',~ ,- STATE OF IDAHO, ) : SS: 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. ~." .......", ~",t 't\\ Y J. ,p"',#. f!O" ~'r- ~.... ~h~" , .... .... v '\ ,/ I ~OTA~~.\ \ 1f i --- - * :: ~~ .o;;~e J J ~~af!O~ 1>8 OF It)~ ~,....." .,t STATE OF IDAHO:..'...... : 55: (SEAL) 1\ 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. ~~\\\\'''IIII/III//II/'' .#'~\..\NE' '~~ ..:&'" r_v........fi. ~~ ,.;"'~~ .- . . &... ... ~ {;j -.' T.a .:..,~ fJ~'" ..0 "11; ..." 1 !:! l.!.J: ~cn . ~..L: ~ CI --- :~, -... -- - ~ \csi... PlJ8L\C ./ ~ ~'" .....p ~""J.~.. .......,...... ~ '1:' '" .....\~I"~ ~~ OF '''.II\y 'IIq,IIJJIIIllll_\\\>" (SEAL) -.: DEVELOPMENT AGREEMENT (RZ 05-008) W ALGREENS PAGE 10 OF II ...~ ~ li-;i " '~i'Il ,,~J.; "'-.... 'lj(.: 'J' ~..i!&""'~;ti'I>Ill~ A .' '" ~ i'i ... ~1 ,1a '.' \I' lrl:~<", ,'~ l!C .., '1'1.1 '" '"~ ~ tf- ~ iJ' f:~ '1!r-~ ;If STATEOFIDAHO ) : ss 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. (SEAL) ...~,:~.. ~~~~ .... . ,.-. ~.+o't~~. .,,., II " I · t ' ! 1 I I I I , , , , I . ~, ~,. ...d #, , ., = Sb tU I;y.j ~-f4.. Notary Public f<?r Idtt,1 . Residing at: _~'YU.- ~ J~ Commission expires: -. , 0 -I )" -l1 ( " ;ji 1', ll!1i ~~, ,,; DEVELOPMENT AGREEMENT (RZ 05-008) W ALGREENS ~ PAGE 11 OF 11 " - - .............~ -~ - .~ --...-. .-. 'II . , . .. =~~~-.--~~..~~ ~~-i;.,...m..j.ra'~ ...'\.~ ;.;"fe;!'~~."r"""'~~~. ~:J}.l ~~ ~~ ~:.~ ~~~~ .~l ~~tlf.fP1ft.~~~r_- - . ~- ... '" ~~ ~I m;~.:-1.'1. ~ .~ M ::: " ,~ i'1. ~~",,,,,,:,,,~~~",,~=jmlr:"~ "'~.m-_- ...... "'"' lA ~"'fi il. :.! ;i~ - ~. ~ r;1 ~ )j'j" !o: m f~ EXHIBIT A il' Walgreens on Ten Mile Road RZ-OS-008 Legal Descrfption L . I. I t.tJ4.....'l.I~ II IDAHO SURVEY GROUP ~D E:lK~~'" S< Stl... 1$0 ~.I~~ ..... PllJ.l mtbl1l l'iiir (ViiI11I8i.;:JIJS 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; .1 thCllll>> Soul18S"S8'S1" e.... 100.00 fElliilt: 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. ~, N ,.,."V 1~~1':/ lP.oy __ ~. ..". t', \" . ..;. ".,~', ~..t* G~ G. 0IltlK". P.L.S. "C~.1ctr.t11lFiIllJ.D1~I'~dO: r; It.-a 8&__'''B8 ISOill USI .611~D &0 $1 ~~ ;T.;'\ l\'U< ri '!l .. - -- ..-- ::4:, ::t ~; _ __ -~..~- K?"-:'''-~~'''''''~ !:tl~~_utlg:..l{\)!tUf.:. ~Err.::R_ .~ 'W ;> ~~ ~ ,...,! ~~ t2'I @ ~, 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). il!(< 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. ~n 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 >l< 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 '- t _ SIAL ~ ~ ~ ~ = -;. ~" "f$'.,.o = \. "l) _'~1" tS"'{ . ~ j ......... 'TIf ~'" ", Copy served upon Applicant, The Pl~fi8,cn..~ .~g\r>~artment. Public Works Department g,~~\\\ . Att~t: Dated: g- \l.05 ,~ nl 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 ~ ~ ;:H. i1i:( 1I".:;e;::~.:..~ I( . ., 'I " T__ ."', '" ~ . (4~O EJ~L V.....tert"..~r ~o Suiu: ISO f1",;d;,".I-.ht", 83M:; 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. "" :~ Iii I \ I ~ ~\...~/ tId.~. j _d~"/"-" --;:5'-- r/ifI' &: , ~ -'J>~ ' . II '" r.@ ~'..J.~\' ..'~ .",'" ,*' . ",,!l'''' ,7!'.' '";11:01(:'''' ~ , I I i ~; GreSJJry G. Carter, P.L.8. S:\JSC Pr~c~"""~il!~ 'f .,nml..tOS-DUN)oQlt~ONINGDESC.dOC " d6l'kQ SO 51 ~~~ ~'d BSE:!i'~B8 Jall~1 OSI 'l' ~ ~-~~ :;::: '.: i! ~1:r~ "0,:01 '1 ~ ~ !To ~ ' ~ ~ jl '" '" .. . ~';1" u"_," ~.l 5 ii~~ ~ W19'~?'" .....,., , . . __. I 1..<'<, \00'", .--------------.-..-=--. .--..--------::;-- -::ill' . _ ~,._,.-:;." :: ..~ ;r I : ~ I ...~.'!.~.-Il. #,/"""",''''.__ _: : ~ " I ~..; , : ,.... i I , : i I , I I ,Jr ~ 1 i 1: ':1 i 1 t r j~!~~ /1 I r I ~j)x~rr I , , ~~N I L' ~ ~ N~'~~<<l~ " L ~l g~~,..... Q · 'r U1 0; ... '.i :J: . -L C:;o Ctii r -----,4.-...--.-- "--~-- ~:=~~ J' 6~~~ ~ ~ 0 -., Uf.~ ii~J ~,~ ~ ~ 'I ~ f ~ ...!'; r il t( ~'\ ~~ 1-~ ", 'l:~ -' l.,~ L.f. . \ r- \ j~ II : : I " I j j · - 6 '< 'f : i ti '; I I ,,,' I -l!:Hil fl'l~ , 'I q 'fC I,: l ~ t -,~~ - . -I " . ~1 ~' '" ") ~ .. ",~ < ~~ 'I....I::::"'"-=-",!, ~ , . II " I '( '", !.0 EXHIBIT B Walgreens on Ten Mile Road CUP-OS-029 Approved Site Plan r.:: $lip ~ ~w- :R " '.,.,. ,,,,,,-_It '(j;;ji;l; :;: . . f -, '"I '--l.r--,.,~-, -===-'~' -~~.'"-.,--"- - - ::'--: ~-::'-~'-'--=--=-I i~ :{ . - ,f7-- .. 'ivbR7;7~FHOJr~=~:""-J I. I '- ~J.t t.'PI :1l.Jl.~-"" ,.<r.f':il,-'- ", ~-' -...~ '-"--Pj'K" I - :$. . ~ ". ,n , II '";.. ':"-:--~ ~ ,?9tt'), ---, &~ . Ii:i~ ~ ',.:~~~---,- ,_nt' 0____, .. --~--~ 'f~~I"'.i ' Il~ 11- ~ m~-J 'rr~{/+' j I,:,~~ i"11 <J:::~1fITfJ~iTI=.;~," 4 i "" I \, 'I'~ J.' I ,i a '-,~ '-"~~~ ,J~lij]J'~;"~'-- .~,,'. ~111 "'I:~ ~~-t ,~tl:, ~ t~' <;'~:lt ~ ~: .1 'I' ;). ~ i -' t 'I 'f, ' '--'1 :~ ' 'L' 't" ':;,t' "'..g .~ ~ J :I! - .,,~ '\ "----I ! -~, .1' ..~;- '.'l '.- .r:~ a,::" # ' , I' 1:1 II ';-'.,:' '1: ", 1,,:, ,,' - 11',~!~!t-' J! l/.. .. \' :,:, 'l "~I ~ - I' ' ':' ~ ~ : i'I'~ ,-="1.'" ,,:I'=~~' I ~ - :~ J I ~ Hl _ ! :'j,;;'~l:,.,,' ! f}'l,'~ y- ~ ;,; ::t, ).;~ ~"r~' ,f~Y;I'\lt; :'L~; ? , '.;...L ",.,.. ',.,(... ' . i: '1'" ",', "r.----- ,.I. ---"",-.- J .II -1 ;::'.: ::...:;Ii1::::l~I' "", ,:;:,:;,:.. I..~~ ~ C'l ' \,\... ",' 'I l:(':i",~)fL\::tJi :(:~U;,i~._ J~I ~~ I ,. 1~_3.i ,:: ::tI.. ';'.:': :':: ,'; ,;;(' 4- 1 ['~ ~ ~ ! 1 'II~-" ~ - ...~~ !-,~,." '--'.,,-,:.,,!'.'" --.<t.-..i'/ 6~ ! i . II ': ,,' , i' '-l!... ,~~ Q la>,.. I .... V-". ,., ~.. ...~nll,-it I -~, f ~ ! ',: , ,"-i., \. '. I ;' J.", ;----_ ~~...",____.. ......_ .__--- .: --'..-, . -~~___.._, l _._~ . .... '\ . -.... I.I~ '" 1fal.l_ ... --r I' l 'H.~ ii:: '.' Ji- i .t.. fi fi "::.a. ~ t~ : ~ :~~,:. '~ rr- - '--l~~ i~ -~; ~~ 4 ". ~b!'tlt\)tI..Nt IIr:M"'I1!1}fot 'f; .!2 .'@~ ra ~~i '.I~ ~ ~ ~ l'> I I I 1..-.........-----..111 . . . , HfH l' ~:'" i i '~I Ii ~; . . , " '<I I " '\; i p~ Ii H I t~ap ~..;t . ~ ) ::..~) \ L~ ~.:~ .. ~~ \ '-, \~;'~ :; ..~.. , .: \ ;.. I.v' \ ~--'I I ' ~! I~ i~; i if~ ~ , '.I......~ I III J.. M... ~ I" ,w-' : It J ~ " ..;. ~ I t IHB;':I r'. h I i . d, I . 'll" , I. 1 UH HP~'~ n-' Ji) .!~.i, Iii H . J P Ii i !; ~ -, , . i I 1 .__.~J ~i' 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. ." ~ 2. II ill W. i~ I!; . 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. ~ 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. ~~ 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- <; 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. '1;, 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. ~ 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. !!l 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. - 8- " Exhibit D 4. Construct a 30 to 35-foot wide curb return driveway on Ten Mile Road located at the north property line as proposed; provided that the adjoining property owner (Vance) has agreed to a portion of the driveway being constructed on his property. Submit written documentation from that owner for consent and cross access. If 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 ~ 1) -to - ill 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 I 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; ~I 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. i:I 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. '. 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; rz ~, 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. . }I 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. I 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. ,. l~ 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. ,. " ~ ",f!;"t, ~ it '" t~ :\l <III &;