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 ~~~~~~
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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
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~~ ;, 81.~~ee° O My Commission Expires: ~ ~a-3 ~v
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(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,'•.
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(SEAL) ;',~~;''' ~,AR~~ ~;
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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 =
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~._'~~ ~` 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.