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Mittleider RZ 04-010 (2)DADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 25 BOISE,IDAHO 01!17!08 01;31 PM ~lEPl1TY Gail Garrets ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ RECORDED-REQUEST OF 108006032 Meridian City _ ~ DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Gerard Pope, Owner 3. Jeron Investments, Inc., Owner HIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 2~ day of ~C,erY1~r, 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Gerard Pope, whose address is 2000 W. Emerald Falls Court, Meridian, Idaho 83642, and Jeron Investments, Inc., whose address is 1422 Wampum Way, Meridian, ID 83642, hereinafter called OWNERS. 1. RECITALS: 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A 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 make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owners have submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of O-T (Old Town District -Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owners 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 DEVELOPMENT AGREEMENT (RZ 04-010 - MITTLEIDER) PAGE 1 OF 10 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of goverrunent subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 5`" day of October 2004, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owners to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNERS deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owners to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02- 382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (RZ 04-010 - MITTLEIDER) PAGE 2 OF 10 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNERS: means and refers to Gerard Pope, whose address is 2000 W. Emerald Falls Court, Meridian, Idaho 83642, and Jeron Investments, Inc., the parties that own said Property and shall include any subsequent owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned O-T (Old Town District), attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B-2 which are herein specified as follows: Uses allowed in the proposed O-T District and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this RZ 04-010 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners shall develop the Property in accordance with the following special conditions: DEVELOPMENT AGREEMENT (RZ 04-010 - MITTLEIDER) PAGE 3 OF 10 1. Retail commercial uses (e.g. -convenience stores, service stations, bars, restaurants, retail stores, sales lots, etc.) are prohibited on this site. 2. Access to this site will be provided from West 151 Street and West 2"a Street with cross-access between all of the lots. The current access to Cherry Lane is acceptable. 3. The owners will be responsible for all costs associated with the sewer and water service upgrade. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owners or Owners' heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owners consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owners and if the Owners fail to cure such failure within six (6) months of such notice. 8. INSPECTION: Owners 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 Owners, or Owners' heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this DEVELOPMENT AGREEMENT (RZ 04-010 - MITTLEIDER) PAGE 4 OF 10 Agreement maybe modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owners of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owners' cost, and submit proof of such recording to Owners, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owners, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owners shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owners or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which DEVELOPMENT AGREEMENT (RZ 04-010 - MITTLEIDER) PAGE 5 OF 10 shall include, without limitation, acts of civil disobedience, strikes or similar causes, the tune for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owners agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owners agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owners have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owners agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the owners or their assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNERS: Gerard Pope 2000 West Emerald Falls Court Meridian, ID 83642 Jeron Investments, Inc. 1422 Wampum Way Meridian, ID 83642 DEVELOPMENT AGREEMENT (RZ 04-010 - MITTLEIDER) PAGE 6 OF 10 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as maybe granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a 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 agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owners of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners, to execute appropriate and recordable evidence of termination of this Agreement if~City, in its sole and reasonable discretion, had determined that Owners has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owners and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owners and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT (RZ 04-010 - MITTLEIDER) PAGE 7 OF 10 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. a J on Invest ents, Inc. -Jerry Williams CITY OF MERIDIAN BY: ~ ~~ Mayo am y de Weerd ,.~~,~ ~ e vvrd ~~ C~~ ~~~ --08 ,.~~ ~~ ATTEST: ~' T Fo William G. Berg, Jr., Ci ~l ~ ~~~ , DEVELOPMENT AGREEMENT (,R~~d4rq~ ~ ~ ~ i~~TL``~IDER) PAGE 8 OF 10 STATE OF IDAHO, ) ss County of Ada, ) On this a-'C}~ day of ,,,..~,~ , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared GERARD POPE, known or identified to me to be the person who signed the above 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. `~~~~ ~ aoaaeeoQee ~~~~~~ ~`~"°°~a~'A~~' cI'~ ~~ ~O~ ° ~'~~Q``°~UBi.~~ °(~~O; ~'i~~'il~ OOOeoe D 0 A 0 P®eaoO~ `~~~`` ~' ~ STATE OF IDAHO, ) ss County of Ada, ) Notary Public for Idaho Residing at: ~~~ ~. ~~ My Commission Expires: 3 - ~ 3 -~ c) On this ~"~~' day of ___. ,~~ 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared JERRY WILLIAMS, known or identified to me to be the ~ c ~ S~ d,,e „~3,- of Jeron Investments, Inc., and the person who signed the above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. c ~ '°„ 2 ~ otary Public for I aho ~~~ _ _ Residing at~~+ ~ .jQ "° ~b ~~ ;, 81.~~ee° O My Commission Expires: ~ ~a-3 ~v .U e ~ (RZ 04-010 - MITTLEIDER) PAGE 9 OF 10 STATE OF IDAHO ) County of Ada ss On this `~~ day of ~~.Ul , 2007, before me, a Notary Public, personally appeared Tarnrny de Weerd and William G. erg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City 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. GR,.E~y,'•. 1~f-- • (SEAL) ;',~~;''' ~,AR~~ ~; E-4,' ~ ~ • . ~ • ~~ ~,, ,~,~~G; ~o. • • 'f; • ... i Notary Public for Idaho Residing at: ~ 0 ~e l a , ~~ Commission expires: J(~~ ~- ~ ~ DEVELOPMENT AGREEMENT (RZ 04-010 - MITTLEIDER) PAGE 10 OF 10 ~'~ I` PROPERTY DESCRIPTION OF 125 WFs'ST CHERRY LANE EXHIBIT "A~' Lots 1 and 2 of Block 2 of WILSON ADDITION TO MERIDIAN, according to the official plat thereof, filed in Boak 12 of Plats at 70g, records of Ada County, Idaho. EXCEPTING THFsRFFROM: Any lands on the north boundary of Lots Z and 2 which fall within the Cherry Lane south right-of-way, identified as an north of a line 40' from and parallel to the centerlinerofeCherry Lane. This exception ie intended to include 15' of additional right-of-way, to the original 25' of right-of-way south from the centerline of Cherry Lane. :' ON E. SMITH ~~usSCRIBED AND SWORN to before me this 2q day of 204. NC}TARX PUBLIC for I aho Commission Expires: t "~ PROPERTY DESCRIPTION OF 1649 WEST FIRST STREET ERHIBIT "A" Lots 3 and 4 of Block 2 of WILSON ADDITION TO MERIDIAN, according to the official plat thereof, filed in Book 12 of Plats at 708, records of Ada County, Idaho. EXCEPTING THEREFROM: Any lands on the north boundary of Lots, and 1j. which fall within the Cherry Lane south right-of-way, identified as any property north of aline 40' from and parallel to the centerline of Cherry Lane. This exception is intended to include 15 "of additional right-of-way, to the original 25' of right-of-way south from the centerline of Cherry Lane, r .. ~~ L E . .SMITH f SUBSCRIBED AND SWORN to before me this ~_ day of J LC bs ~F 2 0 04 . NOTARY PUBLIC for Idaho Comtttission Expires : w JllN Z 2004 Meridian Putlic f ~~~ ` ~' ` ~AC~ Z CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Rezone of 0.68 Acres from R-4 to •0-T Zoning for Novella Mittleider, Janice Mittlelder Smith, and Leon Smith. Case No(s). RZ-04-010 ~~ ~ ~ r(~ For the City Council Hearing Date of: September 14, 2004 1 ~/ ~ • OCT 0 7 2004 A. Findings of Fact City Of Meridian City Clerk Office 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300'} of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the September 14, 2004 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). Those that •testified at the City Council public hearing included: i. In favor -Leon Smith ii. In opposition -Wallace Newton, Connie Thompson, Sandra Newton, Shirley Smith, and Diane Crreen iii. Commenting - Gary Inselman, ACRD iv. Staff-Anna Canning c. The Planning and Zoning Cornmission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the • evidence and the record in this matter. 2. Process Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-04-410 -PAGE 1 a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5. 3. Application and Property Facts 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 aze Leon Smith, Janice Mittleider Smith and Nevella Mittleider. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit C for the findings required for the subject 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 l 1 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 Plan of the 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 ~~ s tDhceClerk pon shall be signed by the Mayor and City Clerk and then a copy y . ~ 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 and the Conditions of Approval in Exhibit B. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-04-010 -PAGE 2 1. The site specific conditions and comments of approval are as shown in Exhibit B. D. 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 -tune period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body 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. E. Exhibits Exhibit A: Legal Description (2) Exhibit B: Conditions of Approval Exhibit C: Rezone Findings By action of the City Council at its regular meeting held on the 5~"' day of ~~~b~ , 2004. COUNCILMAN SHAUN WARDLE VOTED---~~~'~ COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_'~~' VOTED__~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &.ORDER CASE NO(S). RZ-04-010 -PAGE 3 VOTED Attest: William G. Berg, Jr., Ci Cler ``-`---~N)~HUr,rrr~~~,/ __ SEAL = 9 ,~ ;~ ~ ,p ` ~._'~~ ~` T 1ST • .Z` ~~ Copy served upon Applicant, The Planning and and City Attorney. ~~-~~ WOTkS Department ~,A,Q_~J Dated• I ~ -I~-OQ- By: City Clerk CITY OF MERIDIAN FINDIIdGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(Sj. RZ-04-010 -PAGE 4 I ~ PROPERTY DESCRIPTION OF 125 WEST CHERRY LANE EXHIBIT "A" Lots 1 and 2 of Block 2 of WILSON ADDITION TO MERIDIAN, according to the official plat thereof, filed in Book 12 of Plats at 706, records of Ada County, Idaho. EXCEPTING THEREFROM: Any lands on the north boundary of Lots 1 and 2 which fail within the Cherry Lane south right-of-way, identified as any property north of a line 40' from and parallel to the centerline of Cherry Lane. This exception ie intended to include 15~ of additional right-of-way, to the original 25' of tight-of-way south from the centerline of Cherry Lane. i" ON E. SMITH SU3SCRIBED AND S6dORN to before me this 24 day of 204. NOTARX PUBLIC for I aho Commission Expires: ~~~+~~T ..~r~ 1 ~-- -- -~ - --....---- -- -- -- PROPERTY DESCRIPTION OF 1649 WEST FIRST STREET EXHIBIT "A" Lots 3 and 4 of Block 2 of WILSON ADDITION TO MERIDIAN, according to the official plat thereof, filed in Hook i2 of Plats at 708, records of Ada County, Idaho, .` EXCEPTING THEREFROM: Any lands on the north boundary of Lots, and ~j-which fall within the Cherry Lane south right-of-way, identified as any property north of aline 40' from and parallel to the centerline of Cherry Lane. This exception is intended to include 15' of additional . right-of-way, to the original 25' of right-of-way south from the centerline of Cherry Lane, t' ~,. .. L E. SMITH SUBSCRIBFsD AND SWORN to before ms this ~._ day of _ ~u ~~ 2004. NOTARY PUBLIC for Idaho Commission Expires: w !UN 2 2004 ~~~~~ Public Woilss Dept. ~A~ Z EXHIBIT B The City Council of the City of Meridian hereby approves the Rezone as requested by the Applicant for the property described in the application, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Add a sentence to the end of the second bullet in Site Specific Condition #4 on Page 7 . that reads: " ,the current access to Cherry Lane is acceptable." B. Adopt the Recomrendations of the Meridian Planning & Zoning Department and Public Works Department as follows: ANNEXATION AND ZONING SITE-SPECIFIC CONDITIONS AND COMMENTS 1. The submitted legal description appears to meet the requirements of the City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. 2. The subject property is within the Urban Services Planning Area. 3. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time ofdevelopment. 4. Prior to the rezone ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian and the property owners. The DA shall require that: • Retail commercial uses (e.g. -convenience stores, service stations, bars, restaurants, retail stores, sales lots, etc.) are prohibited on this site. .Access to this site will be provided from West 1~ Street and West 2"~ Street with cross-access between all of the lots. *~ti~~, ~. -~ ,the current access to Cherry Lane is acceptable. • The applicant will be responsible for all costs associated with the sewer and water service upgrade. • Any other conditions desired by the Commission and Council. .. 5. Any existing domestic wells.and/or septic systems within.this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services aze available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. C. Adopt the recommendations of the Meridian Fire Department as follows: MERIDIAN FIRE DEPARTMENT COMMENTS/CONDITIONS 1. Provide fire hydrant spacing per the International Fire Code. Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. a. Fire Hydrants shall have the 4 '/~" outlet face the main street or parking lot aisle. b. 'The Fire hydrant shall not face a street which does not.have addresses on it. c. Fire hydrant markers shall be provided per Public Works specs. d. Locations with fire hydrants shall have the curb painted red 10' to each side of . the hydrant location. e. Fire Hydrants shall be• placed on comers. • f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. All future entrance and internal roadslfire lanes shall have a turning radius of 28' inside and 48' outside. • 3. Maintain a separation of 5' between future buildings and dumpster enclosures. 4. All processes & storage practices shall be required to comply with the International Fire Code. Provide exterior egress lighting as required by the International Building & Fire Codes. D. For clarification (per action of the City Council on 9-14-04): 1. Direct access to Cherry Lane is not prohibited with this application. 2. When a development application (CUP) is submitted for this site, notices shall be sent to property owners within 600-feet of said property. EXHIBIT C The City Council hereby approves the following analysis of required findings by staff, with strikethrough modaftcations, as noted. ANNEXATION & ZON~TG ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall farad adequate evidence answering the following questions about the proposed zoning amendment. " The following is the list of standards found in 11-1 S-I1 and analysis by staff.• A. Will the new zoning be harmonious with and in accordance with the Comprehensive Pian and, if not, has there been an application for a Comprehensive Plan amendment; The 2002 Comprehensive Plan Future Land Use Map designates the east half of the subject property as "Old Town" and the west half of the property as "Medium Density Residential". In Chapter VII of the Comprehensive Plan, Old Town uses will include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. Staff finds that the requested O-T zoning generally conforms to this stated purpose and intent of the~Old Town designation. Please see Special Considerations for Rezone below for further analysis of the proposed zoning designation and the existing Comprehensive Plan Future Land Use Map designation of this property. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff'analysis is in italics below policy): • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) On the submitted conceptual plan, the applicant is proposing direct access to Cherry Lane. This site has frontage on not only Cherry Lane, but also West 11° Street and West 2"d Street. Therefore, staffrecommends that direct access- to Cherry Lane be .restricted. See Special Considerations far Rezone below for farther analysis. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low. walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) An appropriate landscape buffer along Cherry Lane will be required by the City when an application for aCUP/CZC is submitted. • "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action item 5) The subject property has frontage on Cherry Lane, an arterial roadway. Staff believes that the conversion of this property from residential to oj~ce will compliment the existing residential uses/structures in the area if designed properly. "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III; Objective D, Action item 5) The applicant is not specifically proposing to install any landscaping with the subject annexation application. Staff is' including a condition requiring the applicant to submit for a Conditional Use Permit (CUP) which, when processed, will require the applicant to construct landscaping along Cherry Lane and the perimeter of the site. . Sta,~-' f Inds that the new zoning to O-T should be harmonious with and in accordance with the Comprehensive Plan. Please see Special Considerations for Rezone below f or further analysis. S. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area Included in the zoning amendment intended to be developed in the fashion that would be allowed under ffie new zoning -for example, a residential area turniung into commercial area by means of conditional use permits; In the applicant's submittal letter, it is stated that the subject property is intended to be used for dental office purposes. Currently, the only (principally} permitted uses in the O-T wne are single-family homes, libraries, churches, and museums. All other uses in the QT zone, that are not prohibited, require separate Conditional Use Permit approval. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; The general vicinity of this project is changing rapidly..In this area there aze several other parcels that have/aze/will be converting from residential to office and commercial uses. On the north side of Cherry Lane, between Meridian Road and Linder Road, and along Main Street, there are many sites that have converted to office and commercial uses. Due to increasing traffic volumes on Cherry Lane, staff believes that the use of this property for residential purposes is not the best use of the land. Although Cherry Lane has not been widened recently, it is currently a 5-lane roadway (center turn Lane}, with curb, gutter and sidewalk in this area. Staff finds that rezoning this site to O-T is. consistent with other land uses and facility changes in the area. E. Will•the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant is not proposing 'a specific use or building design with this application. Staff finds that the anticipated office/clinic use if designed, constructed and operated in accordance with adopted city ordinances, through a future CUP/CZC application(s), should be harmonious and appropriate in appearance with the existing and intended character of the vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the use of this site for professional office%clinic purposes should not be hazardous or disturbing. to existing or future neighboring uses if all development and landscaping ordinances are exercised. The Commission and Council should rely on public testimony to determine whether the proposed O-T zoning will be disturbing or hazardous to the neighboring residential, quasi- public, and/or commercial uses. G, Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; • All essential public facilities and City services listed above currently serve this site, however, upgrading may be necessary to provide a level of service different from a residential use. Staff finds that the current configuration of Cherry Lane, and the anticipated widening of Meridian Road in this area should be adequate to serve this site into the future. On July 23, • 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site as an officelclinic, as the fire hydrants near this site•may not be located in accordance with the International Fire Code (all of the detailed conditions from the Fire Department and other agencies/departments are at the end of this report). The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, and any other agency providing service to this site, regarding their ability to adequately service this project. Staff finds that the property proposed for rezone can be served adequately by all essential public facilities and services. • H. Will not create excessive additional requirements at public cost for public facilities aad services and will not be detrimental to the economic welfare of the community; • Staff finds that changing the zoning of this site will not cause excessive additional requirements at public cost. Other required site improvements will be funded and constructed by the developer through the CUP/CZC process. Staff also finds that the rezoning of this site to O-T will not be detrimental to the community's economic welfare. Y. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; The applicant is not proposing a specific use for this property at this time. It is anticipated that a professional office(s) or dentallmedical clinic(s) may be constructed on this site in the future. Staff finds that an office/clinic type use will create additional trafFic on adjacent arterial roads. Further, the parking and maneuvering of cars on the• site may generate additional noise for surrounding properties. However, staff does not believe that the additional noise should be excessive. Staff does not anticipate an officeJclinic use will create excessive smoke, fumes, glare, or odors that will be detrimental to any person, property or the general welfare of the area. •To ensure this finding, all future uses on this site will be required to go through the Conditional Use Permit and/or Certificate of Zoning Compliance process and will be subject to compliance with City Code. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; • Future vehicular access points to Cherry Lane, West 1~` Street, and West 2°d Street should comply with ACHD policies. ~~ i~Vest~~-Street. If a vehicular approach is approved to the site that is designed and constructed in accordance with ACRD policies, staff finds that the approach(es) will not create an interference with .traffic on the surrounding public streets}. Please see Special Considerations below .and review any comments from ACRD for additional information regarding this finding. I{. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be rezoned and developed with office/clinic uses. Any existing trees larger than 4" caliper that are removed. shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment is the best interest of the City of Meridian. (Ord. 592,11-17-1992)" For the reasons listed in the findings above, staff' finds that the rezonin off this property would be in the best interest of the City.