Hark's Corner
PARTIES: 1.
2.
^^~ RECOROED-REQ~ST F
ADA COUNTY RECORDER ~
J. DAVID NAVARRO '-="
BOISE,IDAHO !t4rtj FEE_DEPUT . .
ZOOI SP -6 PH I; 34 2r( 0 092 20
DEVELOPMENT AGREEMENT
City of Meridian
Van Hees Properties, OwnerJDeveloper
THIS DEVELOPMENT AGREEMENT (this "Agreernent"), is
made and entered into this /7f'l,. day of ~U5 t- , 2.cð I , by and
between CITY OF MERIDIAN, a municipal c rporatIon of the State of Idaho,
hereafter called "CITY", and VAN HEES PROPERTIES, hereinafter called
"OWNER"I"DEVELOPER", whose address is 8870 N. Gadwall Lane, Boise,
Idaho 83714.
1.
RECITALS:
1.1
1.2
1.3
1.4
WHEREAS, "Owner"I"Developer" is the sole owner, in law
and/or equity, of certain tract of land in the County of
Ada, State of Idaho, described in Exhibit A, which is
attached hereto and by this reference incorporated herein
as if set forth in full, herein after referred to as the
"Property"; and
WHEREAS, I.C. ~67-6511A, Idaho Code, provides that
cities rnay, by ordinance, require or permit as a condition
of re-zoning that the owner or "Owner"I"Developer" make
a written commitment concerning the use or development
of the subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-15-12 and 11-16-4 A,
which authorizes development agreernents upon the
annexation and/or re-zoning of land; and
WHEREAS, "Owner"I"Developer" has subrnitted an
application for annexation and zoning of the "Property"s
described in Exhibit A, and has requested a designation of
DEVELOPMENT AGREEMENT - 1
1.6
1.7
1.8
1.9
(C-C) Community Business District, (Municipal Code
of the City of Meridian); and
1.5
WHEREAS, "Owner"I"Developer" made representations at
the public hearings both before the Meridian Planning &
Zoning Cornmission and before the Meridian City Council,
as to how the subject "Property" will be developed and
what irnprovements will be made; and
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 government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
WHEREAS, City Council, the I q~ day of .JûhR- , 200 I,
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
WHEREAS, the "Findings" require the
"Owner"I"Developer" enter into a development agreement
before the City Council takes final action on annexation
and zoning designation; and
"OWNER"I"DEVELOPER" deems it to be in its best
interest to be able to enter into this Agreernent and
acknowledges that this Agreementwas entered into
voluntarily and at its urging and requests; and
1.10 WHEREAS, "City" requires the "Developer" to enter into a
development agreernent for the purpose of ensuring that
the "Property" is developed and the subsequent use of the
DEVELOPMENT AGREEMENT - 2
"Propeny" is in accordance with the terms and conditions
of this development agreernent, herein being established as
a result of evidence received by the "City" in the
proceedings for annexation and zoning designation from
governrnent subdivisions providing services within the
planning jurisdiction and frorn affected propeny owners
and to ensure annexation and zoning designation is in
accordance with the Comprehensive Plan of the City of
Meridian adopted December 21,1993, Ordinance #629,
January 4, 1994, and the Zoning and Development
Ordinances codified in Meridian City Code Title II and
Title 12.
NOW, THEREFORE, in consideration of the covenants and
conditions set fonh herein, the patties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as ifset fonh in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1
3.2
3.3
"CITY": means and refers to the City of Meridian, a patty
to this Agreement, which is a murúcipal Corporation and
government subdivision of the state of Idaho, organized
and existing by vinue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
"OWNER"/"DEVELOPER": means and refers to Van Hees
Propenies whose address is 8870 N. Gaâwall Lane, Boise,
Idaho 83714, the patty developing said "Propeny" and
shall include any subsequent owner(s)/developer(s) of the
"Propeny".
'PROPERTY": rneans and refers to that cenain parcel(s)
of "Propeny" located in the County of Ada, City of
DEVELOPMENT AGREEMENT - 3
Meridian as described in Exhibit "N, 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 Agreernent are only those uses
allowed under "City"'s Zoning Ordinance codified at Meridian
City Code Section 11-7-2 (I) which are herein specified as
follows:
Commercial development including a service station with drive-
through restaurant, and drive-through coffee facility, and a car
wash.
4.2
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner"/"Developer"
has submitted to "City" an application for conditional use permit, and shall be
required to obtain the "City"'s approval thereof, in accordance to the City's Zoning &
Development Ordinance criteria, therein, provided, prior to, and as a condition of,
the commencement of construction of any buildings or improvements on the
"Property" that require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.I
"Owner"/"Developer" shall develop the "Property"in accordance with
the following special conditions:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
6.1.1 The parcel is contiguous to existing city limits.
6.1.2 All future uses shall be required to be approved through the planned
development process and as conditional uses.
DEVELOPMENT AGREEMENT - 4
6.1.3 All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall need to be approved by
the appropriate irrigation/drainage district, or lateral users association,
with written confirmation of said approval subrnitted to the Public
Works Department.
6.1.4 Any existing domestic wells andlor septic systerns within this project
shall have to be removed from their 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.
6.1.5 Two-hundred-fifty- and lOa-watt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department.
All streetlights shall be installed at the developer's expense. Typical
locations are at street intersections andlor fire hydrants.
6.1.6 Outside lighting shall be designed and placed so as not to directly or
indirectly illuminate any nearby residential areas and shall be in
accordance with City Ordinance Sections 11-13-4.c. and I2-5-2.M.
6.1.7 Off-street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property, or as otherwise approved
through conditional use (more restrictive parking requirements may be
applied).
6.1.8 A drainage plan designed by a State ofIdaho licensed architect or
engineer shall be required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. Storrn water
treatrnent and disposal shall be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties
and City of Meridian standards and policies. Off-site disposal into a
surface water is prohibited unless the jurisdiction which has authority
over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
6.1.9 All signage in the proposed project shall be in accordance with the
DEVELOP:MENT AGREEMENT - 5
standards set forth in Section 11-14 of the City of Meridian Zoning and
Development Ordinance. No temporary signage. flags, banners or
flashing signs shall be permitted.
6.1.10 Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
6.1.11All construction shall conform to the requirernents of the Americans
with Disabilities Act.
6.1.12 Underground year-round pressurized irrigation shall be provided to all
landscape areas on site. Submit hook-up and design details based on the
proposed landscaping. Due to the size of landscaped area, primary
water supply connection to the City's mains shall not be allowed.
Applicant shall be required to utilize any existing surface or well water
for the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the entire
common open area.
Adopt the Recomrnendations of the Ada County Highway District as follows:
6.1.13 Dedicate 45-feet of right-of-way from the centerline of Linder
Road abutting the parcel by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance
of a building permit (or other required permits), whichever occurs
first.
6. I .14 The existing 36-foot wide driveway on Linder Road located at the
south property line, approximately 220-feet south of the
signalized intersection at Franklin Road. is approved with this
application as a right-inlright-out driveway. Construct a median
in Linder Road located 50-feet south of the stop bar at Franklin
Road. and extending 50-feet south of the southern edge of
driveway on Linder Road.
6.1.l5The applicant shall either utilize the existing 36-foot wide right-
in/right-out driveway on Franklin Road located a minimum of
220-feet from the intersection as right-in/right-out, OR construct
a 35-foot wide full access driveway on Franklin Road located a
minirnum of 3l5-feet from the intersection. If the applicant
DEVELOPMENT AGREEMENT - 6
constructs a right-in/right-out driveway, then the applicant shall
install a median in Franklin Road located 50-feet west of the stop
bar at Linder Road, and extending 50-feet west of the western
edge of driveway on Franklin Road.
6.1.161f the applicant chooses to construct a right-in/right-out driveway
located 220-feet west of Linder Road, then a second driveway
shall be constructed located 440-feet west of Linder Road, and
located to align or offset a minimum of ISO-feet from any
existing or proposed driveways on the north side of Franklin Road
(Cafarelli Subdivision - approved in 2000). If the applicant
chooses to construct a full access driveway located 315-feet west
of Linder Road, then a second driveway sshall be constructed
located to align or offset a minimum of ISO-feet from any existing
or proposed driveways on the north side of Franklin Road
(Cafarelli Subdivision - approved in 2000).
6.l.I 7 Pave the driveways on Franklin Road their full width and at least
30-feet into the site beyond the edge of pavernent of Franklin
Road and install pavement tapers with IS-foot radii abutting the
existing roadway edge.
6.1. 18Pave the driveway on Linder Road its full width and at least 30-
feet into the si\e beyond the edge of pavement of Linder Road
with IS-foot curb radii.
6.1.19 Construct a 5-foot wide concrete sidewalk on Franklin Road
abutting the parcel, where there are not currently improvements.
Extend the sidewalk from its existing location and alignment.
6.1.20All existing/proposed irrigation facilities shall be relocated outside
of the right-of-way on Linder Road and Franklin Road.
6.1.21 All utility relocation costs associated with irnproving street
frontages abutting the site shall be borne by the developer.
6. 1.22 Replace unused curb cuts on Franklin Road with standard curb,
gutter and concrete sidewalk to match existing irnprovernents.
DEVELOPMENT AGREEMENT - 7
6.1.23 Other than the access points specifically approved with this
application, direct lot or parcel access to Linder Road or Franklin
Road is prohibited.
6. I .24 The Applicant shall additionally meet all of ACHD's Standard
Requirernents in their letter dated April 18. 200 I.
6.1.25Additionally, if ACHD amends any or all of their
recommendations, then the Applicant shall cornply with any such
amendments.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
6.1.26 The District requires a Land Use Change/Site Development
application to be filed for the conditional use permit.
Additionally, at the City Council meeting held on June 5, 2001, the Council
required the following:
6.1.27Hours of Operation shall be as follows:
C-Store: 6 am until midnight ("possibly 5 am")
Artic Circle: until I 0 pm Sunday - Thursday and I I pm Friday &
Saturday -
Fuel pumps: 24 hours-credit card sales
Car wash: the hours shall be limited so that noise from the car
wash shall not constitute a nuisance to any of the adjacent
neighbors.
6.1.28A minirnum 8-foot-wide landscaping buffer shall be installed
along the entire length of the southern property line as required
by the Landscape Ordinance for a buffer between the residential
and commercial uses.
DEVELOPMENT AGREEMENT -.8
6.1.29An eight-foot-tall masonry fence shall be located along the entire
length of the southern property line to help shield the residents
frorn noise, and shall be continuously maintained in good repair,
and the fence shall be constructed prior to issuance of building
permits. Additionally, the location of the fence in relation to the
existing trees is to be worked out between the affected property
owners and approved by Planning and Zoning staff.
6.1.30The project shall be treated as a Planned Development with a
Mixed Use.
7. COMPLIANCE PERIOD! CONSENT TO REZONE: This
Agreernent and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Owner"!"Developer" or
"Owner's"!"Developer"'s 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 cornplied with the notice and hearing procedures as outlined in
r.c. § 67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner"/"Developer" consents upon default to the de-ann~xation
and/or a reversal of the zoning designation of the "Property" subject to and
conditioned upon the following conditions precedent to-wit:
8.I
That the "City" provide written notice of any failure to
comply with this Agreernent to "Owner"/"Developer" and
if the "Owner"/"Developer" fails to cure such failure
within six (6) months of such notice.
9. INSPECTION: "Owner"/"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 improvernents or portion thereof in accordance
DEVELOPMENT AGREEMENT - 9
with the tenns and conditions of this Developrnent Agreement and all other
ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1 In the event "Owner/"Developer",_Owner"/"Developer"'s
heirs, successors, assigns, or subsequent owners of the
"Property" or any other person acquiring an interest in the
"Property", fail to faithfully comply with all of the tenns
and conditions included in this Agreement in connection
with the "Property",. this Agreement may be modified or
tenninated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
10.2 A waiver by "City" of any default by "Owner"/"Deveioper"
of anyone or more of the covenants or conditions hereof
shall apply solely to the breach and breaches waived and
shall not bar any other rights or rernedies of "City" or apply
to any subsequent breach of any such or other covenants
and conditions.
II. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreernent, including all of the
Exhibits, at "Owner/"Developer's" cost, and submit proof of such recording to
Owner" /"Developer", prior to the third reading of the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" by
the City Council. If for any reason after such recordation, the City Council
fails to adopt the ordinance in connection with the annexation and zoning of
the "Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
13. REMEDIES: This Agreernent shall be enforceable in any court
of competent jurisdiction by either "City" or "Owner"/"Developer", or by any
successor or successors in title or by the assigns of the parties hereto.
DEVELOPMENT AGREEMENT - 10
Enforcement rnay 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.
I 3.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Owner"/"Developer" shall
have thiny (30) days after delivery of notice of said breach
to Correct the same prior to the non-breaching patty'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 thiny (30) day period,
if the defaulting patty shall commence to cure the same
within suchthiny (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 cornplete the curing
of the same with diligence and continuity.
13.2 In the event the performance of any covenant to be
performed hereunder by either "Owner"/"Developer" or
"City" is delayed for causes which are beyond the
reasonable control of the patty responsible for such
performance, which shalUnclude, without limitation, acts
of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of tirne
of such delay. .
I4. SURETY OF PERFORMANCE: The "City' may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code §12-5-3, to insure that
installation of the improvements, which the "Owner"/"Developer" agrees to
provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner"/"Developer"
agrees that no Cenificates of Occupancy will be issued until all improvements
are completed, wùess the "City" and "Owner"/"Developer" have entered into an
addendum agreement stating when the irnprovements will be completed in a
phased developed; and in any event, no Cenificates of Occupancy shall be
DEVELOPMENT AGREEMENT - 11
issued in any phase in which the improvernents have not been installed,
completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That
"Owner"/"Developer" agrees to abide by all ordinances of the City of Meridian
and the "Property" shall be subject to de-annexation if the owner or his assigns,
heirs, or successors shall not meet the conditions contained in the Findings of
Fact and Conclusions of Law, this Development Agreement, and the
Ordinances of the City of Meridian.
17. 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:
DEVELOPER:
do City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Van Hees Properties
8870 N. Gadwell Lane
Boise, Idaho 83714
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
17.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirernents of this section.
18. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreernent, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as detennined by aCourt of competent
jurisdiction. This provision shall be deemed to be a separate contract between
DEVELOPMENT AGREEMENT - 12
the parties and shall survive any default, tennination or forfeiture of this
Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that tirne is strictly of the essence with respect to each and every
tenn, condition and provision hereof, and that the failure to timely perfonn
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perfonn.
20. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
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 benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Owner"/"Developer", to execute appropriate and recordable
evidence of tennination of this Agreement if "City", in its sole and reasonable
discretion, had detennined that "Owner"/"DeveloperH has fully perfonned its
obligations under this Agreement.
21. 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 frorn this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all prornises,
inducements, agreements, condition and understandings between
"Owner"/"Developer" and "City" relative to the subject matter hereof, and
there are no prornises, agreements, conditions or understanding, either oral or
written, express or implied, between "Owner"/"Developer" 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 urness reduced to writing and signed by them or their
DEVELOPMENT AGREEMENT - 13
successors in interest or their assigns, and pursuant, with respect to "City", to a
duly adopted ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the ""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.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendrnent to
the Meridian Zoning Ordinance in connection with the (annexation and
zoning of the AProperty@ or re-zone of the AProperty@) and execution of the
Mayor and City Oerk.
DEVELOPMENT AGREEMENT - 14
.~ ".
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
B:
L
BY:
BY{ D¿pL
DWight Van Hee~
BY:
~7k~
Co rnIth
BY ç~~
smith
DEVELOPMENT AGREEMENT - 15
ATTEST:
STATE OF IDAHO
:ss
COUNTY OF ADA
BY:
~ O~thisLM day of ¡jUú;t/sT , in the year 2001, before
rne,)-- 'CIlU!Ø.6 a Notary Public, personally appeared Larry Van Hees,
known or identified to me to be the person who executed the instrument on
behalf of Van Hees Properties, and acknowledge to me having executed the same.-
(SEAL)
DEVELOPMENT AGREEMENT - 16
~ aLJ /l V71 /¿¡? ¿:( ---"
Notary Public for idaho
Commission expires: ~T' /7', ö20ot/
7l:5.I>:::/11./"" 47 3o/.l.¿, .1:'MPo
STATE OF IDAHO
:ss
COUNTY OF ADA
On this 'ØO day of ,4u..4fL'fs'r ,in the year 2001, before
me,~ ~a Notary Public, personally appeared Carol Van Hees
Snyder, known or identified to rne to be the person who executed the instrument
on behalf of Van Hees Properties, and acknowledge to me having executed the
same.
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Commission expires: -::r-f
STATE OF IDAHO
:ss
COUNTY OF ADA
~ on?J~aYOf JÎU(¡JU::T , in the year 2001, before
me, L ¿. a Notary Public, personally appeared Dwight Van
Hees, known or identified to me to be the person who executed the instrument
on behalf of Van Hees Properties, and acknowledge to rne having executed the
same.
(SEAL)
C'j ~ ~¿
Notary Public for Idaho
Comrnission expires: ~ é¡:J7. 1'1, ..1LJOt/
~¿~(~I\.I'" Þ 301J.l?, .:z::.,;v¡40
DEVELOPrvIENT AGREEMENT - 17
STATE OF IDAHO
:ss
COUNTY OF ADA
. On this ZÐ day of fJru.6¡,U'i/r' , in the year 200 1, before
me,~A~ a Notary Public, personally appeared Cory Smith,
known or identified to me to be the person who executed the instrument on
behalf : ;~~~:s Properties, and acknowledge to me having executed the same.
.;.1- ~ ~' C=.
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<Þ;." ~o Commission expires: :f-t~
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STATE OF IDAHO
:ss
COUNTY OF ADA
On this tb day of ~ , in the year 200 1 ~~
me, ~ A-t;l'I-dJtjl a Notary Public, personally appeared Chri .
Smith, known or identified to rne to be the person who executed the instrument
on behalf of Van Hees Properties, and acknowledge to me having executed the
same. ....""""",
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Commission expires: ?--I
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DEVELOPMENT AGREEMENT - 18
STATE OF IDAHO
:ss
County of Ada
On this '..lfI!t day of 5epk"'- ~-t,. , in the year .2.00 I ,
before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg, 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)
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OII\DevelopAgrFinal.doc
DEVELOPMENT AGREEMENT - 19
EXHIBIT A
Legal Description Of Property
All of Lots 1 through 5
Van Hees Subdivision
And
A portion of Franklin and Linder Road Rights-of- Way
situated in the East V2 of the East '12 of the NE V4
Section 14, Township 3 North, Range 1 West,
Boise, Meridian, Ada County, Idaho
A parcel of land being all of lots 1 through 5, Van Hees Subdivision and a
portion of Franklin and Linder Road rights-of-way, situated in the East '12 of
the East '12 of the Northeast V4, Section 14, Township 3 North, Range 1 West,
Boise Meridian, Meridian, Ada County, Idaho, as filed for record in the office
of the Ada County Recorder, Boise, Idaho in Book 12 of Plats at page 688, and
rnore particularly described as follows:
Beginning at a brass cap marking the Northeast corner of Section 14,
Township 3 North, Range 1 West, Boise Meridian, from which an iron pin
monumenting the Southeast corner of the Northeast Quarter of said Section
14, bears South 00°33'08" West 2657.42 feet;
thence along the Easterly boundary of said Section I4, said. Easterly boundary
also being the centerline of Linder road, South 00°33'08" West 296.00 feet to
a point; .
thence leaving said boundary and centerline, North 89°13'IT'West 664.52
feet to a point;
thence North 00°33'43" East 296.00 feet to a point on the Northerly
boundary of said Section 14, said Northerly boundary also being the centerline
of Franklin Road;
thence along said Northerly boundary and centerline of Franklin Road, South
89°13'17" East 664.47 feet to the Point of Beginning; comprising 4.515 acres
rnore or less.
SUBJECT TO:
All existing easements and road rights-of-way of record or appearing on the
above-described parcel of land.
DEVELOPMENT AGREEMENT - 20
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - 21
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF VAN HEES
PROPERTIES, APPLICANT,
AND LARRY VAN HEES,
CAROL VAN HEES SNYDER,
DWIGHT VAN HEES, CORY
SMITH, AND CHRISTOPHER
SMITH, OWNERS, THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 4 ACRES FOR PROPOSED
HARK'S CORNER, LOCATED
119 S. LINDER ROAD,
MERIDIAN, IDAHO
ClC 06-05-01
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Case No. AZ-OI-007
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having corne on for
public hearing on June 5, 200I, at the hour of 6:30 p.rn., and Shari Stiles, Planning
and Zoning Administrator, appeared and testified, and appearing and testifying on
behalf of the Applicant were JoAnn Butler and Tom Roam, and the Applicant, Lany
Van Hees, appeared and testified, and no one appeared in opposition, and the City
Council having du1yconsidered the evidence and the record in this matter therefore
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-OI-OO7)
Page I
makes the following Findings of Fact and Conclusions of Law, and Decision and
Order:
FINDINGS OF FACT
1.
The notice of public hearing on the application for annexation and
zoning was pllblished for two (2) consecutive weeks prior to said public hearing
scheduled for June 5, 2001, before the City Council, the first publication appearing
and written notice having been mailed to property owners or purchasers of record
within three hundred feet (300') of the external boundaries of the property under
consideration more than fifteen (15) days prior to said hearing and with the notice of
public hearing having been posted upon the property under consideration rnore than
one week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
rnatter having been duly considered by the City Council at the June 5, 2001, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2.
There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ ll-I5-5
and ll-I6-1.
3.
The City Council takes judicial notice of its zoning, subdivisions and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-OI-O07)
Page 2
development ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof, and the Cornprehensive Plan of the City of Meridian
adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance establishing the Impact Area Boundary.
4.
The property which is the subject of the application for annexation and
zoning is described inthe application, and by this reference is incorporated herein as
if set forth in full.
5.
The property is approximately 3.667 acres in size and is located at the
southwest comer of Linder Road and Franklin Road. The property is designated as
Hark's Comer.
6.
The owner of record of the subject property is Larry Van Hees of Boise,
Idaho.
7.
Applicant is owner of record.
8.
The property is presently zoned by Ada County as R-1, and consists of
non-cultivated agricultural ground.
9.
The Applicant requests the property be zoned as C-G
10.
The subject property is bordered to the north by vacant land zoned I-L,
to the south by agricultural land with a single family dwelling zoned R-I Ada County,
and a little further to the south is the Whitestone Subdivision, zoned R-4, to the east
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-OI-OO7)
Page 3
by vacant land zoned CoN, adjacent to Crestwood Estates, zoned R-4, and to the
west by agricultural land zoned RUT by Ada County.
II.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12.
The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
13.
The Applicant proposes to develop the subject property in the following
manner: Commercial development including a service station with drive-through
restaurant, and drive-through coffee facility, and a car wash.
14.
The Applicant requests zoning of the subject real property as C-C which
is not consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Single Fanúly Residential. However, the
Comprehensive Plan is under review and consideration is being given to changing
part of this area to Commercial.
IS.
There are no significant or scenic features of major importance that
affect the consideration of this application.
16.
Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-OI-OO7)
Page 4
not impose expense upon the public if the following conditions of developrnent are
imposed, subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
16.1 The legal description submitted with the application rneets the
requirements of the City of Meridian and State Tax Commission and
places the parcel contiguous to existing city limits.
16.2 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation. The Development Agreement
shall address, among other things, specific landscape/cornmon area
requirements, phasing tirneframes, any building height limitations,
signage, pathways, lighting and noise, hours of operation, and other
items as required by the Cornmission or Council. If annexed, all future
uses shall be required to be approved through the planned development
process and as conditional uses.
16.3 All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written conflnnation of said approval submitted to the Public Works
Department.
16.4 Any existing domestic wells and/or septic systems within this project
shall have to be removed frorn their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells rnay be used for non-domestic purposes
such as landscape irrigation.
16.5 Two-hundred-fifty- and lOG-watt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department.
All streetlights shall be installed at the developers expense. Typical
locations are at street intersections and/or fire hydrants.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-01-007)
Page 5
16.6 Outside lighting shall be designed and placed so as not to directly or
indirectly illuminate any nearby residential areas and shall be in
accordance with City Ordinance Sections 11-13-4.c. and 12-5-2.M.
16.7 Off-street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property, or as otherwise approved
through conditional use (more restrictive parking requirements may be
applied).
16.8 A drainage plan designed by a State of Idaho licensed architect or
engineer shall be 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 shall be designed in accordance with
Department of Environmental. Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties
and City of Meridian standards and policies. Off-site disposal into a
surface water is prohibited unless the jurisdiction which has authority
over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
16.9 All signage in the proposed project shall be in accordance with the
standards set forth in Section 11- I 4 of the City of Meridian Zoning and
Development Ordinance. No ternporary signage, flags, banners or
flashing signs shall be permitted.
16.10 Provide fivecfoot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
16.11 All construction shall conform to the requirements of the Americans
with Disabilities Act.
16.12 Underground year-round pressurized irrigation shall be provided to all
landscape areas on site. Submit hook-up and design details based on the
proposed landscaping. Due to the size of landscaped area, primary
water supply connection to the City's mains shall not be allowed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-OI-OO7)
Page 6
Applicant shall be required to utilize any existing surface or well water
for the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the entire
cornmon open area.
Adopt the Recommendations of the Ada County Highway District as follows:
16.13 Dedicate 45-feet of right-of-way from the centerline of Linder Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of abuilding permit (or
other required permits), whichever occurs fIrst.
16.14 The existing 36-foot wide driveway on Linder Road located at the south
property line, approximately 220-feet south of the signalized
intersection at Franklin Road, is approved with this application as a
right-in/right-out driveway. Construct a median in Linder Road located
50-feet south of the stop bar at Franklin Road. and extending 50-feet
south of the southern edge of driveway on Linder Road.
16.15 The applicant shall either utilize the existing 36-foot wide right-in/right-
out driveway on Franklin Road located a minimum of 220-feet from the
intersection as right-in/right-out, OR construct a 35.foot wide full access
driveway on Franldin Road located a minimum of 3 IS-feet from the
intersection. If the applicant constructs a right-in/right-out driveway,
then the applicant shall install a median in Franklin Road located 50-
feet west of the stop bar at Linder Road, and extending 50-feet west of
the western edge of driveway on Franklin Road.
16. I 6 If the applicant chooses to construct a right-in/right-out driveway
located 220-feet west of Linder Road, then a second driveway shall be
constructed located 440-feet west of Linder Road, and located to align
or offset a minimum of ISO-feet from any existing or proposed
driveways on the north side of Franklin Road (Cafarelli Subdivision -
approved in 2000). If the applicant chooses to construct a full access
driveway located 315.feet west of Linder Road, then a second driveway
shall be constructed located to align or offset a minimum of ISO-feet
from any existing or proposed driveways on the north side of Franldin
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-OI-OO7)
Page 7
Road (Cafarelli Subdivision - approved in 2000).
16.17 Pave the driveways on Franklin Road their full width and at least 30-
feet into the site beyond the edge of pavernent of Frarùdin Road and
install pavement tapers with 15-foot radii abutting the e..'dsting roadway
edge.
16.18 Pave the driveway on Linder Road its full width and at least 30-feet into
the site beyond the edge of pavernent of Linder Road with 15-foot =b
radii.
16.19 Construct a 5-foot wide concrete sidewalk on Franldin Road abutting
the parcel, where there are not currently improvernents. Extend the
sidewalk from its existing location and alignment.
16.20 All existing/proposed irrigation facilities shall be relocated outside of the
right-of-way on Linder Road and Franklin Road.
16.21 All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
16.22 Replace unused curb cuts on Franklin Road with standard =b, gutter
and concrete sidewalk to rnatch e..'dsting improvements.
16.23 Other than the access points specifically approved with this application,
direct lot or parcel access to Linder Road or Frarùdin Road is prohibited.
I6.24 The Applicant shall additionally rneet all of ACHD' s &tandard
Requirements required in their letter dated April 18, 2001.
16.25 Additionally, if ACHD arnends any or all of their recommendations,
then the Applicant shall comply with any such arnendments.
Adopt the Recornmendations of the Nampa & Meridian Irrigation District as
follows:
16.26 The District requires a Land Use Change/Site Development application
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-OI-007)
Page 8
to be filed for the conditional use permit.
17.
It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 16, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
18.
It is also found that the development considerations as referenced in
Finding No. 16 are reasonable to require and must be taken into account, in order to
assure the proposed developrnent is designed, constructed, operated and maintained
in a manner which is hannonious and appropriate in appearance with the existing, or
intended character of the general vicinity, in order to assure that the proposed use
will not change the essential character of the affected vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the e.'åsting, or future
neighboring uses, particularly considering the impact of proposed developrnent on
potential to produce excessive traffic, noise, srnoke, fumes, glare and odors.
19.
It is found that the zoning of the subject real property as Community
Business District (C-C) requires connection to the Municipal Water and Sewer
systems and will be compatible with the Applicant's development intentions, and will
not assure that the zoning is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Single Family
FINDINGS OF FACT AND CONCLUSIONS OF LAW .
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARlC'S CORNER - (AZ-OI-OO7)
Page 9
Residential. However, the Cornprehensive Plan is under review and consideration
and is being given to changing pan of this area to Commercial.
20.
The subject annexation request and zoning designation and proposed
developrnent will relate and will be cornpatible to the goals and policies of the
Comprehensive Plan of the City as follows, if the Comprehensive Plan is given to
changing pan of this area to Commercial:
20.1 The consideration of the provisions of the Comprehensive Plan and the
requirements of the zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive Plan
and the zoning ordinance of the City to all applications such as the
subject application.
20.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
20.3 The application is consistent with Meridian's self identity.
20.4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive Plan and the zoning ordinance of the City to the subject
application.
20.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-O1-OO7)
Page 10
20.6 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Cornprehensive
Plan and the zoning ordinance of the City to the subject application.
21.
The property can be physically serviced with City water and sewer.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City rnay
annex real property that is within the Meridian Urban Service Planning Area as set
forth in the City's Cornprehensive Plan.
2.
The Council may talœ judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted
December 21,1993, Ord. No. 629, January 4,1994.'
4.
The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan, if changed, and would applicable to this Application:
4A
The Goals of the Cornprehensive Plan are set forth at Page 5 and
include:
FINDINGS OF FACT AND CONCLUSIONS OF LAW.
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-O1-007)
Page II
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
programs.
To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
To encourage the kind of econornic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
To provide housing opportunities for all economic groups
within the community.
To preserve and improve the character and quality of
Meridian's man-rnade environment while rnaintaining its
identity as a self.sufficient community.
To encourage cultural, educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
To provide cornrnunity services to fit e.."åsting and projected
needs.
To establish compatible and efficient use of land through
the use of innovative and functional site design.
4.9 To encourage a balance ofland use patterns to insure that
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING
BY LARRY V AJ::J HEES FOR PROPOSED
HARK'S CORNER - (AZ-O1-007)
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
4B.
The sections of the Comprehensive Plan that most directly apply to the
proposed project are as follows:
Goals of the Comprehensive Plan
Goal 7: To provide cornrnunity services to fit existing and projected
needs.
Economic Developrnent Chapter
1.2 - . . .set aside areas where conunercial interest and activities are to
dominate.
1.4 - Positive programs should be undenaken to suppon e..'<Ìsting
conunercial areas to ensure their continued vitality. . .
Land Use Chanter
4.3U - Encourage new commercial development within under-utilized
existing commercial areas.
4.8U- Encourage conunercial uses. . . to locate in the Old Town district,
business parks, shopping centers and near high-intensiw activity areas,
such as freeway interchanges.
Community DesÏlm Chanter
2.2U - Encourage area beautification through uniform sign design that
enhances the conununity.
4.4U - Encourage landscaped setbacks for new development.
5. The zonings of Conununity BUSints District (C-C) is defined in the
Zoning Ordinance at § 11-7-2 I as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LA - Page 13
AND DECISION AND ORDER GRANTING APPLI DON
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER.;.. (AZ-OI-OO7)
(C-C) Community Business District: The purpose of the C-C District is to
permit the establishrnent of general business uses that are of a larger scale than
a neighborhood business, and to encourage the development of modern shopping
centers with adequate off-street parking facilities, and associated site amenities
to serve area residents and employees; to prohibit strip commercial development
and encourage the clustering of commercial enterprises. All such districts shall
have direct access to a transportation arterial and collector and be connected to
the Municipal water and sewer systems of the City.
6.
By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a possible
cornmercial development.
7.
Since the annexation and zoning of land is a legislative function, the City
has authority to place conditions upon the annexation of land. See Burt vs. The City of
Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8.
The development of the annexed land, if annexed, shall rneet and cornply
with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-
4 which pertains to developrnent time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 14-5-2 N, which pertains to
pressurized irrigation systerns.
9.
The developrnent of the property shall be subject to and controlled by the
Zoning and Subdivision and Developrnent Ordinances of the City of Meridian.
10.
Section 11-16-4 A of the Zoning and Developrnent Ordinance provides in
part as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-OI-OO7)
Page 14
If property is annexed and zoned, the City may require or permit, as a condition
of the zoning, that an owner or developer make a written comnùunent concerning
the use or development of the subject property. If a comnùtment is required or
permitted, it shall be recorded in the office of the Ada County Recorder and shall
talœ effect upon the adoption of the ordinance anne.."ång and zoning the property,
or prior if agreed to by the owner of the parcel. Unless the commitrnent is
rnodified or terminated by the City Council, the comnùunent shall be binding on
the owner of the parcel, each subsequent owner, and each other person acquiring
an interest in the property. A commiunent is binding on the owner of the
property even if it is unrecorded; however, an unrecorded commiunent is binding
on subsequent owners and each other person acquiring an interest in the property
only if the subsequent owner and each other person acquiring an interest in the
property has actual notice of the commitrnent.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1.
The applicant's request for annexation and zoning of approximately 3.667
acres to Community Business District (C-C) is granted subject to the terms and
conditions of this Order hereinafter stated.
2.
The application is for annexation and zoning of 3.667 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3.
Developer enter into a Development Agreement that provides in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-OI-OO7)
Page 15
event the conditions therein are not met by the Developer that the propeny shall be
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development, subject to the following, to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
3.1
3.2
3.3
3.4
3.5
The legal description submitted with the application rneets the
requirements of the City of Meridian and State Tax Commission and
places the parcel contiguous to existing city limits.
Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation. The Development Agreement
shall address, among other things, specific landscape/common area
requirements, phasing timefrarnes, any building height limitations,
signage, pathways, lighting and noise, hours of operation, and other
items as required by the Cornmission or Council. If annexed, all future
uses shall be required to be approved through the planned development
process and as conditional uses.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous. to the parcel shall
be tiled per City Ordinance I2-4-13. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confinnation of said approval submitted to the Public Works
Department.
Any existing domestic wells and/or septic systems within this project
shall have to be removed frorn their 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.
Two-hundred-fifty- and lOa-watt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Depanment.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-O1-007)
Page 16
3.6
3.7
3.8
3.9
All streetlights shall be installed at the developer's expense. Typical
locations are at street intersections and/or fire hydrants.
Outside lighting shall be designed and placed so as not to directly or
indirectly illuminate any nearby residential areas and shall be in
accordance with City Ordinance Sections ll-I3-4.c. and 12-5-2.M.
Off-street parking shall be provided in accordance with the City of
Meridian Ordinance I 1-13 for use of propeny, or as otherwise approved
through conditional use (more restrictive parking requirements may be
applied).
A drainage plan designed by a State of Idaho licensed architect or
engineer shall be required and shall be subnùtted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. Storm water
treatment and disposal shall be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties
and City of Meridian standards and policies. Off-site disposal into a
surface water is prohibited unless the jurisdiction which has authority
over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
All signage in the proposed project shall be in accordance with the
standards set fonh in Section 11-14 of the City of Meridian Zoning and
Development Ordinance. No ternporary signage, flags, banners or
flashing signs shall be permitted.
3.10 Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.1<.
3.11 All construction shall conform to the requirements of the Americans
with Disabilities Act.
3.12 Underground year-round pressurized irrigation shall be provided to all
Page 17
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-O1-007)
landscape areas on site. Submit hook-up and design details based on the
proposed landscaping. Due to the size of landscaped area, primary
water supply connection to the City's mains shall not be allowed.
Applicant shall be required to utilize any existing surface or well water
for the prirnary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the entire
common open area.
Adopt the Recommendations of the Ada County Highway District as follows:
3.13 Dedicate 45-feet of right-of-way from the centerline of Linder Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building pennit (or
other required pennits), whichever occurs first.
3.14 The e.xisting 36-foot wide driveway on Linder Road located at the south
property line, approxirnately 220-feet south of the signalized
intersection at Franklin Road, is approved with this application as a
right-Wright-out driveway. Construct a median in Linder Road located
50-feet south of the stop bar at Franklin Road. and extending 50-feet
south of the southern edge of driveway on Linder Road.
3.I5 The applicant shall either utilize the existing 36-foot wide right-in/right-
out driveway on Franklin Road located a minirnum of 220-feet frorn the
intersection as right-in/right-out, OR construct a 35-foot wide full access
driveway on Franklin Road located a minimum of 3 IS-feet from the
intersection. If the applicant constructs a right-in/right-out driveway,
then the applicant shall install a rnedian in Franklin Road located 50-
feet west of the stop bar at Linder Road, and extending 50-feet west of
the western edge of driveway on Franldin Road.
3.I6 If the applicant chooses to construct a right-in/right-out driveway
located 220-feet west of Linder Road, then a second driveway shall be
constructed located 440-feet west of Linder Road, and located to align
or offset a rninimum of 1 50-feet from any existing or proposed
driveways on the north side of Franldin Road (Cafarelli Subdivision -
approved in 2000). If the applicant chooses to construct a full access
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-O1-007)
Page 18
driveway located 315-feet west of Linder Road, then a second driveway
shall be constructed located to align or offset a minimurn of 150-feet
from any existing or proposed driveways on the north side of Franklin
Road (Cafarelli Subdivision. approved in 2000),
3. I 7 Pave the driveways on Franklin Road their full width and at least 30-
feet into the site beyond the edge of pavement of Franklin Road and
install pavement tapers with 15-foot radii abutting the existing roadway
edge.
3.18 Pave the driveway on Linder Road its full width and at least 30-feet into
the site beyond the edge of pavernent of Linder Road with 15-foot curb
radii.
3.19 Construct a 5-foot wide concrete sidewalk on Franklin Road abutting
the parcel, where there are not currently improvements. Extend the
sidewalk from its existing location and alignment.
3.20 All existing/proposed irrigation facilities shall be relocated outside of the
right-of-way on Linder Road and Franklin Road.
3.21 All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
3.22 Replace unused curb cuts on Franklin Road with standard curb, gutter
and concrete sidewalk to match existing improvements.
3.23 Other than the access points specifically approved with this application,
direct lot or parcel. access to Linder Road or Franklin Road is prohibited.
3.24 The Applicant shall additionally rneet all of ACHD's Standard
Requirements required in their letter dated April 18, 2001.
3.25 Additionally, if ACHD amends any or all of their recommendations,
then the Applicant shall comply with any such amendments.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-01-OO7)
follows:
3.26 The District requires a Land Use Change/Site Developrnent application
to be filed for the conditional use pennit.
4.
The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real property
which is the subject of the application to (C-C) Community Business District, and
Meridian City Code § 1 I-7-2 1.
5.
Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zorung maps as provided in
Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and
zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the govenùng body of the City of
Meridian. Pursuant to Idaho Code § 67-6521 an ,affected person is a person who ,has
an interest in real property which may be adversely affected by the issuance or derual of
the annexation and zorung and who rnay 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-O1-007)
Page 20
III"""
By action of the City Council at its regular meeting held on the
of
ð~
, 2001.
ROLL CALL
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERlE McCANDLESS
MAYOR ROBERT D. CORRlE (TIE BREAKER)
DATED: 6 -I q-t9/
MOTION: ~
APPROVED:
DISAPPROVED:-
/t11Þ- day
VOTED~
VOTED~
VOTED~
VOTEDþ
VOTED-
Copy served upon Applicant, the Planning and Zoning Department, Public Works
D,~t """ ~ City Att=ey, ~ ~
B~,P~9- D."d v-I'? tJl 8BAL ~
City Clerk \ ~. .l I
1J, J". ~1S1' ~
\\NPA_NTS40]oasERVER_Z\Work\M\Meridian\Meridian 15360M\HarlÒ Comer ~- ~.,
Oll\AZFindingsOsOrder.doc . "'
....-'111
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-01-OO7)
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