Meridian Library District RZ 08-002ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ~
BOISE IDAH010/31/08 08:46 AM
DEPUTY Vicki Allen III IIIIiIIIIIIIIIIIIIIIIIIIIIIIIII III
RECORDED-REQUEST OF 10811851
Meridian City
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Meridian Library District, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and
entered into this O~D~ day of~r- , 2008, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called CITY, and Meridian Library
District, whose address is 1326 West Cherry Lane, Meridian, Idaho 83646, hereinafter called
OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner/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 for each owner, which is attached hereto and
by this reference incorporated herein as if set forth in full, hereinafter
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
Owner/Developermake awritten 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, Owner/Developerkas submitted an application for re-
zoning of the Property described in Exhibit A, and has requested a
designation of and L-O, Limited Office District (Municipal Code of
the City of Meridian); and
1.5 WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject Property
will be developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject Property held before the
DEVELOPMENT AGREEMENT (RZ 08-002) MERIDIAN LIBRARY DISTRICT PAGE 1 OF 9
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
1.7 WHEREAS, City Council, the 12th day of August, 2008, has
approved City of Meridian Planning Department Staff Report, 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 Staff Report requires the Owner/Developer to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 OWNER/DEVELOPER 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 Owner/Developer 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.
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:
DEVELOPMENT AGREEMENT (RZ 08-002) MERIDIAN LIBRARY DISTRICT PAGE 2 OF 9
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 OWNER/DEVELOPER: means and refers to Meridian Library
District, whose address is 1326 West Cherry Lane, Meridian, Idaho
83646, the party that owns and is developing said Property and shall
include any subsequent owner(s) or developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain pazcel(s) of Property
. located in the County of Ada, City of Meridian as described in
Exhibit A describing the pazcels to be re-zoned L-O, Limited Office
District, attached hereto and by this reference incorporated herein as
if set forth at length.
4. USES PERNIITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement aze only those uses
• allowed under City's Zoning Ordinance codified at Meridian Unified
Development Code § 11-2B which aze herein specified as follows:
The Owner/Developer is proposing to use the properly to expand
the existing parking lot for the Meridian Library.
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. Owner/Developer shall develop the Property in accordance with the
following special conditions:
1. No access is allowed to/from the site via Leisure Lane and no street
improvements aze required to Leisure Lane.
2. Pazlcing lot lighting shall be shielded so that no direct light shines into
adj acent residential properties. The applicant shall submit a lighting plan that
has been approved by the Police Department, with the Certificate of Zoning
Compliance application for the new pazlcing lot.
3. A Certificate of Zoning Compliance (CZC) application shall be submitted to
the Planning Department for approval of the proposed pazldng lot expansion
afterthe re-zone ordinance and Development Agreement have been approved
DEVELOPMENT AGREEMENT (RZ 08-002) MERIDIAN LIBRARY DISTRICT PAGE 3 OF 9
by City Council. The site plan submitted with the CZC shall substantially
comply with the conceptual development plan attached in Exhibit A.2 of the
Staff Report. If a use other than a parking lot is proposed on this property in
the future, a modification to the subject Development Agreement shall be
required.
4. Bollazds aze required to be installed at the entrance to the pathway into the
library site from Leisure Lane.
5. The library pazking lot shall develop in substantial compliance with the
revised conceptual plan attached in Exhibit A.2 of the Staff Report.
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 Owner/Developer or Owner's/Developer'shefrs, successors, assigns, to
comply with Section S entitled "Conditions Governing Development of Subject Property" of
this agreement within two yeazs 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:
Owner/Developer 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 OwnerlDeveloper and if the Owner/Developer fails to
cure such failure within six (6) months of such notice.
8. 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 improvements or portion thereof in
accordance with the terms and conditions of this Development Agreement and all other
ordinances of the City that apply to said Development.
9. DEFAULT:
9.1 In the event Owner/Developer, or Owner's/Developer's heirs,
successors, assigns, or subsequent owners ofthe Property or any other
person acquiring an interest in the Properly, fail to faithfully comply
with all of the terms and conditions included in this Agreement in
connection with the Properly, this Agreement may be modified or
DEVELOPMENT AGREEMENT (RZ 08-002) MERIDIAN LIBRARY DISTRICT PAGE 4 OF 9
terminated by the City upon compliance with the requirements of the
Zoning Ordinance.
9.2 A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not baz 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
Owner's/Developer'scnst, and submit proof of such recording to Owner/Developer, prior to
the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the
Properly 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 Owner/Developer, or by any successor or successors in title or
by the assigns of the parties hereto. Enforcement maybe 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 Owner/Developer shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
e 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 parry 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 Owner/Developer or City is delayed for causes
which aze beyond the reasonable control of the party responsible for
such performance, which shall include, without limitation, acts of
DEVELOPMENT AGREEMENT (RZ 08-002) MERIDIAN LIBRARY DISTRICT PAGE 5 OF 9
civil disobedience, strikes or similar causes, the time 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/Developers agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no
Certificates of Occupancy will be issued until all improvements aze completed, unless the
City and Developer/Owner has 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 Owner/Developer agree 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.
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:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
OWNER/DEVELOPER:
Meridian Library District
1326 West Cherry Lane
Meridian, Idaho 83646
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.
DEVELOPMENT AGREEMENT (RZ 08-002) MERIDIAN LIBRARY DISTRICT PAGE 6 OF 9
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 may be 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
sepazate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
18. TIlVIE 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 tunely 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 Owner/Developer ofthe 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 ofOwner/Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owner/Developer 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 Owner/Developer and City
relative to the subject matter hereof, and there aze no promises, agreements, conditions or
understanding, either oral or written, express or implied, between Owner/Developer and City,
other than as aze 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.
21.1 No condition governing the uses and/or conditions governing re-zoning of the
subj ect 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
DEVELOPMENT AGREEMENT (RZ 08-002) MERIDIAN LIBRARY DISTRICT PAGE 7 OF 9
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.
OWNER/DEVELOPER
MERIDIAN LIBRARY DISTRICT
By. l~a`~.r i c.`a. ~l®u.rtger
1-~bro_~y C,irecfor
CITY OF MERIDIAN
By:
MAYOR de WEERD
ATTEST: \\`~`~--~---~ n i u~~~~~~~'
JAYC L. HOLMAN, CT~Y ER~~AL
~ ~~~' o \
O
DEVELOPMENT AGREEMENT (RZ 08-002) MERIDIAN LIBRARY DISTRICT PAGE 8 OF 9
STATE OF IDAHO, )
ss
County of Ada, )
On this ~ ~~ day of ~~~ 2008, before me, the
signed, a Notary Public in and for said State, personally appeazed
Q~'7C.~~G~. ~~ ~ known or identified to me to be
the ~ ~ of Meridian Library District and 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.
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otary Publi or Idaho
Residing at: l~~
My Commission Expires: I Lei 1-l
STATE OF IDAHO )
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County of Ada )
On this ~~~ day of ~~~ , 2008, before me, a Notary
Public, personally appeared Tammy de Weerd and Jaycee L. Holman, 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.
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Residing at: ~, ~~~e~ I p
Commission expires: ~Q-(~ - '~
DEVELOPMENT AGREEMENT (RZ 08-002) MERIDIAN LIBRARY DISTRICT PAGE 9 OF 9
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
(j~rE IR DIANq.-
~J
In the matter of the request for Rezone of 0.58 of an acre from R~ (Medium Low Density
Residential) to L-O (Limited Office), by Meridian Library Distrito.
Case No(s). RZ-08-002
For the Cilty Council Hearing Date of: Angast 12, 2008 (Findings on the Aagoist 26, 2008
City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 12, 2008,
incorporated by reference)
2. Pmcess Facts (see attached StaffReport for the hearing date of August 12, 2008,
incorporated by reference)
3. Applics~ion and Property Facts (see attached Staff Report for the hearing date of August
12, 2008, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of August 12, 2008, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferrer upon it by the "I,oc~l 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 Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps ther~£ 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-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FIIJDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-08-002
-I-
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 sre imposed.
6. That the City has granted as order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Sta$~Report for the hearing date of August 12,
2008, incorporated by reference. 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 Meridiaa City Code § 11-SA aad
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Rezone request to L-O, as evidenced by having submitted the legal
description and exhibit map, stamped and dated Apri12, 2008 by Kevin Borah, PLS, is
hereby approved with a Development Agreement; and,
2. The Development Agreement provisions are as shown in Exhibit B of the attached Staff
Report for the hearing date of August 12, 2008, incorporated by reference.
D. Attached: Staff Report for the hearing date of August 12, 2008.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-08-002
-2-
By action of the City Council at its regular meeting held on the o~~0 day of
2008.
couNCIL MEMBER DAVID zARElv~a
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCII. MEMBER KEITH BIItD
MAYOR TAMMY de WEERD
('TIE BREAKER)
~~ ~ ~Y~
Attest: ~1 .,`~~~ ~~tF
O
Jaycee H~1'man, City Clerk
Copy served upon Applicant, The
Attorney.
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la1l~~~,~~ri~nt, Public works Department and city
B . Dates: $'Zg~d ~
city cierk~s office
CITY OF MERIDIAN FIlVDINaS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). R7r08-002
-3-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2008
STAFF REPORT Hearing Date: August 12, 2008
TO: Mayor & City Council
FROM: Sonya Wafters, Associate City Planner
208-8845533
SUBJECT: Meridian Library Parking Lot Expansion
E IDIAN~--
I®A,li~
• RZ-08-002
Rezone of 0.58 of an acre from R-4 (Medium Low-Density Residential) to
L-0 (Limited Office)
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Meridian Lbrary District, has applied for a Rezone (RZ) of 0.58 of an arse of land
from the R-4 (Medium Low-Density Renidential) to the L-0 (Limiter Office) zoning dislricK. The
applicant is proposing to use the property to expand the existing parking lot for the Meridian I.i'brary
just to the west of the subject properly. NOTE: The proposed use of the property is cAnsidered a
public/quasi public use and as such, is a permitted use in the L-O zoning district.
A conceptual site plan was submitted with the RZ application that shows how the parcel proposed to
be rezoned and the existing parking lot to the west will redevelop irrto one new parking lot with
associated landscaping. A Certificate of Zoning Compliance application will be required for the
construction of the new parking lot and landscaping.
The site is located at 1727 N. Leisure Lane, north of Cherry Lane on the west side of Leisure
Lane, approximately r/a nu'le east of N. Linder Road. The subject property is within the corporate
boundaries of the city.
2. SUIVIlIZARY RECONIIYIENDATION
The subject application was submitted to the Planning Department for review. Below, staff has
provided detailed analysis, comments, and recommended actions for the requested RZ applic~ion.
Staff is recommeasdiog approval of the snb~ed Rezone (RZ-08-2) request as Preseat~l 9n the
staff report for the hearing date of Jnne 5, 2008 with a Development Agreeme~, based on the
Findings of Fact listed m ]Exhibit D of this staff report.
The Merfdiaa Pis nn sre & Zoning Commission heard thfs item on Jane 5. and Jniv 3.2008. At
the pnbHc hearing on July 3.2008 they moved to recommend approval of the snbiect RZ
re est.
a. Summary of Commission Pnblie Hearing:
i. In favor. Ed Daniels (Applicant's Represe~ative)
ii. In opposition: Margaret WaIIet:
iii. Commenting: AIIen Garrett: Terry Leighton: Janet Sanchez
iv. Written testimom .None
v. Staff presen env aDDliCatiOII: Sonya Wafters. Caleb Hood
vL Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. The com~ersion of Leisure Lane from a private street to a pnl
ii. The use of a private street for unblic access:
iii. Improveme~ and dedication of Leisure Lane as a public street if used for public access
to the
Meridian Library Parking Lot Expansion RZ PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2006
iv. Restrict access to the site from Leisure Lane if public street improvements aren't made;
access provided throneh the library property to the south or west.
c. Key Commission Chanee[s) bo Sffiff Recommendation:
i. Stt ike Developme~ As~ment provision #1.ZA regnirine improveme~ and dedication
of Leisure Lane ae a public streets replace with provision prolubitine access to/from the
site via Leisure Lane and no street improvements required to Leisure lane.
d. Ontstandine itssne(s) for City Coumdl:
i. Access to/from the site via Leisure Lane vs access throneh the library prolserty to the
west or soh (access should not be allowed to Leisure Lane tiom ano of the oroperda
owned by the libr~arv if public street improvements are not made).
~s
mmaty City _onn 1 P ub is Aea n .
~ lip favor: Rodney E~:~n_s . W.H. Pa_ ciftc Annlica is Renrese~atlvel: Terry L•ei+*hton
~ in onnosibton• None
~ rommentin_a: None
~ W ' en tesNmo v: Jane t Sanchez
~- Staff press n ann ico n n: nna Ca mina
Ather ff co meulinn
Kev Issn~ of Discussion by on aonlicatJton: KvleRadek
Cnnncil:
~ Constraction of a pathw ay for access to the Lrarv site by ad aced nei hbo and
installation of boDa ds t o oreve~ vehicles fro rlvina on it.
Kev CopncH Cb ass to~ta ff/
Co
_
3. PROPOSID MOTION (to be considered after the public hearing)
Approval
After considering all staff, applicant and public testimony, I move to approve File Number RZ-U8-
002 as presented in the staff report for the hearing date of August 12, 2008, with the following
modifications: (Add any proposed modifications)
Denial
After considering all sta$ applicant and public testimony, I move to deny File Number RZ-08-002 as
presented during the hearing on August 12, 2008: (Please state specific reasons for denial of the
annexation request)
Continuance
After considering all staff, applicant and public testimo~-, I move to continue File Number RZ-0B-
002 to the hearing date of (insert continued hearing date here) for the following reason(s): (State
specific reason(s) for continuance)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
1727 N. Leisure Lane (Parcel #S1201346618)
SW'/a of Section 1, Township 3 North, Range 1 West
Meridian Labtary Parking Lot Expansion RZ PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2008
b. Owner.
Meridian Library District
1326 W. Cherry Lane
Meridian, ID 83642
c. Applicant:
Same as Owner
d Applicant/Representative: Ed Daniels, Hummel Architects, PLLC
e. Present Zoning: R-4 (Medium Low-Density Residential)
f. Present ComQreheasive Plan Designation: Office
g. Description of Applicant's Request: The applicart is requesting a rezone from R-4 to L-O to
expand the existing parking lot for the Meridian Library.
h. Applicant's Statement/Justification: `t'he library's incrcesing patronage has placed a demand on
the mma~ber of parking spaces available. Safety concerns, due to the heavy traffic on Cherry Lane,
have risen as patrons are parking in remote areas and walling to the h'brary. Gtiurently, the
propem- is zoned for Rte, which does not allow for the use requested The proposed zone, L-O,
would allow for the proposed use. We feel this project will compliment and improve the guide to
future growth and development for the City of Meridian." from Applicant's narrative submitted
with the RZ application; see applicant's narrative for more information.
5. PROCESS FACTS
a. The subject application will in fact constitute a rezone as determined by City Ordinance. By
reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is
required before the Planning & Zoning Commission and City Council on this matSei'.
b. Newspaper notifications published on: May 19, 2008 and June 2, 2008 (Commission); Jute 21.
sand Annual 4.2008 (Gifu Coundll
c. Radius notices mailed to properties within 300 feet on: May 8, 2008 (Commission); July 18"
2008 (City Coancitl
d Applicant posted notice on site by: May 26, 2008 (Commission); July 1~t. 2008 (City Conndil
6. LAND USE
a. Existing Land, Use(s): The property is currently vacani.
b. Description of Character of Surrounding Area: The area surrounding the subject property consists
of residential and office uses.
c. Adjacent Land Use and Zoning:
1. North: Residential property, zoned RAF
2. East: Office, zoned lr0 and R~4
3. South Lbrary parking lot and an existing vacant burilding, zoned L-0
4. West: library parking lot, zoned L-0
d History of Previous Actions: The adjac~t properties owned by the Meridian Library at 1326 W.
Cherry Lane (Ordinance #726), 1729 N. Leisure Lane (Ordinance #751), and 1250 W. Cherry
Meridian I.ibcary Parking Lot Expansion RZ PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARtIVG DATE OF AUGUST 12, 2008
Lane were all previously zoned L-0. (1Vote: The zoning map shown in Fachdb~t A.1 shows an
incorrect zoning district for the property at the west bo~rdary of the site; it shows R-8 zordng but
it is acturaddy UO.)
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer. Sewer service is located is N. Leisure Lane.
Location of water: Water service is located in N. Leisure Lane.
Issues or concerns: A portion of the property is this application is located in the Leisure Lane
subdivision. Currently the residents of the leisure lane subdivision are working with DEQ to
resolve inadequate well and septic issues. Public Works department has been working with
the residents oa a design to make city services available and the mechanics of forming an
LID. Also all unities should be installed before the completion of any new road service.
2. Vegetation: There are no existing trees on the property proposed to be reaoned at this time;
several existing mature trees shown on the 2007 aerial view of the property have been
removed from the site. Several existing trees are shown on the concept plan. Midga>bion i8
regnired for a0 existing hcelthy trees 4alnch caliper or greater that arelwere removed
from the site, in compliance with the standards listed in UDC 11-3B-lOC.
3. Floodplain: NA
4. Canals/Ditchea Irrigation: NA
5. Hazards: Staff is unaware of any hazards associated with this properly.
6. Proposed Zoning: L-0 (Limited Office)
7. Size of Property: 0.58 of an aca~e
f. Landscaping: I~ndscaping is not required with the subject RZ application; however, landscaping
in accordance with UDC standards will be regtirired with approval of the Certificate of Zoning
Compliance application for the parking lot expansion.
g. Summary of Proposed Streets and/or Access: One two-way access driveway to the proposed
parking lot is depicted on the site plan from Chevy Lane via Leisure Lane. Two one-way
driveways enter and exit the parking lot on the west boundary from/iato the h`brary properly west
of the site. A posable driveway c~naection to the existing parking lotto the south is also depicted
oa the plan. No new access points to Cherry Lane are proposed. See Analysis below for more
information on streets and access in this area.
7. COMMENTS MEETII~TG
On May 16, 2008 a joint agency and departments meeting was held with service providers in this
area. The agencies and departments present include: Meridian Fire Department, Meridian Parks
Department, Meridian Public Works Department, and the Sanitary Services Company. These
agencies submitted comments on this application, which are included in Exhibit B of this report.
8. COMPREIEtENSIIVEPLRN POLICIES AND GOALS
This property is designated "Office" on the Comprehensive Plan Palace Land Use Map. This
designation provides opporiuaities for low-impact business areas. These would include officxs,
technology and resource centers; ancillary commercial uses may be considered (particularly within
research and development centers or technological parks). The proposed L-0 zoning district complies
M~idien Library Paridng Lot Expanaton RZ PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE IIEARING DATE OF AUGUST 12, 2008
with the Office designation for this property. Further, the proposed parking lot for the h'brary is
considered apublic/quasi public use, which is a permitted use in the proposed L-O zoning district.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis is italics below policy):
• Protect e~tsdng r~ldential properties from incompatible land nse developme~ on
ad3acent parcels. (Chapter VII, Goal IV, Objective C, Action 1)
Staff believes that the proposed use of the property for additional parkingfor the library will
be compatible with the existing residences north ojthe site and ofj4ce uses/zoning to the east
and south.
• Regalre aU new parlbtng lots to provide husdscaph>g In internal islands. (Chapter V,
Goal III, Objective D, Action 3)
The conceptual site plan submitted by the applicant depicts landscaping within the proposed
parking dot in intePraal islands. Parking dot landscaping mast comply with the standards listed
in UDC 11-3B-8C.
Staf}finds that the proposed L-O zoning designation is generally harmonious with and in
accordance with the Comprehensive Pdan arul surrounding uses
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: The anticipated parking lot expansion for the Meridian Library
is considered apublic/quasi public use. Per iJDC Table 11-2B-2, publicJquasi public uses are a
permitted use in the proposed L-0 tuning district.
b. Purpose Statement of Zone: Per UDC 11-2H-1, the purpose of the commercial districts is to
provide for the retail and service needs of the community in accord with the Meridian
Comprehensive Plan. Four districts are designated which differ in the size and scale of
commercial structures accommodated in the district, the scale and mix of allowed oomm~cial
uses, and the location of the district in proximity to streets and highways.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
RZ Application: As mentioned above, the applicant is requesting a rezone of 0.58 of an acre
from R~ to L-O. The Comprehensive Plan future land use map designation fair this property is
Limited Office, which is consistent with the proposed L-O district. The applicant is proposing to
use this property to expand the existing Parking lot for the Meridian Library to the west of the
site. The existing parking lot and the property proposed to be rezoned will be combined into one
parking lot with new striping sad landscaping. The proposed use of the property for a parking lot
is considered a publiclquasi--public use, which is a permitted use in the proposed L-0 district.
The applicant has submitted a conceptual site plan, attached in Exhibit A.2, showing how the
property proposed to be rezoned and the adjacent properly to the west may redevelop with a new
parking lot and associated landscaping. One two-way driveway is proposed to the site from
Cherry Laae via. Leisure Lane. Two one-way driveways enter and exit the parking lot on the west
boundary from/irrto the hbiary property went of the site. A possible connection to the existing
Parking lot to the south is also depicted on the plan.
This property is unique in that it encompasses all of Leisure Lane, a private street that is 42 feet is
width, at the east boundary, south to Cherry Lane. Leisure Lane is an existing private street that is
M~idisn Library Perking Lot Expansion RZ PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIIVd DATE OF AUGUST 12, 2008
used for access to the subject Property, the property to the east, and the residences north of tine
site. The residential property owners to the north own the land to the center of Leisure Lane;
Leisure Lane is located within an easement north of the site. Leisure Lase is currently improved
on this site with approximately 22 feet of asphalt, no curb, no gutter and no sidewalk (a raised
curb exists along the east boundary adjacent to the office property that aerparates a S-foot wide
area that serves as a sidewalk but is the same level as the street). Leisure Lane is considered a
substandard strut and all of the residential propertm to the north are therefore considered non
conforming properties (they are single-family homes without public street frontage). ACFID owns
an 8' +/- wide strip of land consisting of 0.04 acres along the west boundary of Leisure Lane,
which will be used for firiure ~pansioa of Leisure Lane as a public attack Staff believes that
Leisure Lane should be improved as a public street es a provision of rezoning this property. If
Leisure Lane is improved as a public street, then all of the properties that have atxess to Leisure
Lane can ~meday re-develop in conformance with City Code. ff the improvement and dedication
of Leisure Lane on this pmperiy does not ocxur, staff believes there will be a negative impact on
the adjacent neighbors. Staff is recommending as a Development Agreeme~ provision that
the applicent improve and dedicate r~ht-of-way for I.dsnre Lane as s public street,
consisted with AC)® standards, from Cherry Lsne to the north boundary of the site. This
hnproveme~ and dedication s1iaD occur prior to approval of the Certiflcabe of Zoning
Compliance for the parking lot expansion. (Note: A plat is not required for dedication of ROW
is this instance because it's located at the edge of the property.)
13aseti on the policies and goals contained in the Comprehensive Plan, the firtme land use
designation of Limited Office for this property and residential and office uses of adjacent
properties, Staff lielie:ves that the requested rezone to L-O is appropriate for this property. Please
see Exhibit D for detailed analysis of the required and findings.
The rezone legal description submitted with the application (stamped on April 2, 2008 by Kevin
Borah, PLS) shows the property within the existing corporate boundary of the City of Meridian
Devekopme~ Agreeme~: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the
authority to require a property owner to enter into a l~+elopment Agrameat (DA) with the City
that may require some written commitment for all fugue uses. Staff beLtevea that a DA is
necessary to ensure thud this property is developed in a fashion that is consistent with the
comprehensive plan and dom not negatively impact nearby properties. If the Commission or
Council feel that additional development agreement provisions are necessary, staff recommends a
clear outline of tine commitments of the developer being required.
Prior to rezone ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian, property owner (at the time of rezone ordinance adoption), and
the developer. The applicant shall contact the City Attorney, Bill Nary, at 898 5506 to initiate
this process. The DA shall incorporate at least the following:
• Improve and dedicate Leisuue Lane from Cherry Lane to the north property line consistent
with ACfID public street standards, Prior to approval of the Certificate of Zoning Compliance
for the parking lot expansion.• (Note: Street section may be reduced due to limited right~f-
way width, as determined by ACFID.)
• Parking lot lighting shall be shielded so that no direct light shines into adjacent residential
properties. The applicant shall submit a lighting plan that has been approved by the Police
Department, with the Certificate of Zoning Compliance application for the new parking lok
• A Certificate of Zoning Compliance (CZC) application shall be submitted to the Planning
Department for approval of the proposed parking lot expansion after the Rezone ordinance
and Development Agreement have been approved by City Council. The site plea submitted
with the CZC shall substantially comply with the conceptual development plan attached in
Medidian Ia'biary Parking Lot F.ac~nsion RZ PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 12, 2008
Exhibit A.2. If a use other than a parking lot is proposed on this property in the fitture, a
modification to the subject Development Agreement shall be required.
b. Sta$ Recommendation: Staff recommends that the subject property be rezones to L-O per the
commetrts listed in Section 10 and the findings in Exhibit D of this staff report. The Meridian
Plannini< & Zoning Commission heard this item on Jane 5 and Jaly 3.2008. At the nnblic
hearing on July 3 2008 thev moved to recommend annroval of the sabiect RZ request. The
*~pri.lisn itv o ndl h d this item on Angnat ~ 2008 At the nnhLc hearing ~e
c!nn••dl aonroved the snbiect kiL7. rearrest.
11. EDITS
A. Drawings/Map
1. Vicinity/Zoning Map
2. REVISID Conceptual Site Plan
3. Existing Library Site Plan
B. Agency Comments
C. Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
Meridian l:~braiy Parking Lot Expansion RZ PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008
A. Drawings/Map
1. Vicinity/Zoninghap
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR'fi~ HEARIIVG DATE OF JUNE 5, 2Q08
2. REVLSID Conceptual Site Plan
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNB 5, 2008
3. Existing Lbrary Site Play
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t:Tl'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008
B. Agency Comments
1. PLANNING DEPARTMENT
1.1 The rezone legal description submitted with the applics;tion (stamped on April 2, 2008 by
Kevin Borah, PLS) shows the property within the existing corporate boundary of the City of
Meridian.
1.2 A Development Agreement (DA) will be required as part of the rezone of this property.
Prior to the rezone ordinance approval, a DA shall be entered into between the City of
Meridian and the property owner(s) (at die time of annexation ordinance adoption). The
applicant svaII cxi~ct the City Attorney, Bra Nary, at 5~-4433 witiuln 6 moths of
Comlcll approval to laibiate tlds proms. The DA shall include, at minimum, the
following:
. No access is allowed
to/from the site via Leisure Lane and no street imarovements sre re4nired to
Leisure lane.
b. Parking lot lighting shall be shielded so that no direct light shines into adjacent residential
properties. The applicant shall submit a lighting Plan that has been approved by the
Police Department, with the Certificate of Zoning Compliance application for the new
parking lot.
c. A Certificsite of Zoning Compliance (CZC) application shall be submitted to the Planning
Department four approval of the proposed parking lot expansion after the Rezone
ordinance and Development Agreement have been approved by City Council. The site
plan submitted with the CZC shall substantially imply with the conceptual developm~t
plea attached in Exhibit A2. If a use other than a parking lot is proposed on this property
in the firture, a modification to the subject Development Agreement shall be required.
d, Rnllar..~ ~~ *~._. .. ei to he nAtaRed at the e~rancp ~o the oathwav i.~te the Lihffirv
aitp fro i ~s~e .wn _
e. The Libiarv rl.-:r.~ lot Rho develop in snbsts_~ai cAmnLia*!ce with_the revised
concentnal Rite n1tLn attach in E~ihit A.2.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in N
Leisure LN. The applicant shall install mains to and through this subdivision ending at the
north property line; applicant shall coordinate main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to
sub-grade is less thaw three feet than alternate materials shall be used in conformance of City
of Meridian Public Worka Departments Standard Specificatia~ns.
2.2 Water service to this site is being proposed via extension of mains in N Leisure LN. The
applicant shall be responsible to install water mains to and through this development ending
at the north property line. Coordinate main size and routing with Public Works.
2.3 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer and water.
CTfY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF TUNES, 2008
2.4 Applicant shall be required to pay Public Works development plan review. sad construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.5 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings moat be received and
approval.
3. FIRE DEPARTMENT
3.1 One and two family dwellings not exceeding 3600 square feet willrequite afire-flow of 1,000
k gallons per minute fora 0 2 bouts to service the entire project. One and two family
®, ~~5 \0 dwellings greater than square feet and greater will require a minimum fire flow as
~~~\~` ~~°~°` specified in B of the lntemational Fine Code. Fire Hydrant spacing shall be provided
IQs- as required Appeadut C of the lntemational Fire Code.
.~~,`' 32 Final Approval of the fire hydrant locations shall be by the Meridian Fire Departme~.
a. Fire Hydrants shall have the 4'h" 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 specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f Fire hydrants shall be placed 18'' above finished grade to the center of the 4'h" outlets.
g. Fire hydrants shall be provided to meet the requirements of the 1FC Section 5095.
h. Show all proposed or existing hydrants for all new ~nstzuction or additions to existing
buildings within 1,000 feet of the project.
3.3 All portions of the dings located on this project must be within 150' of a paved surface as
measured the perimeter of the building.
3.4 All entcanceslexits on the east and west ends of the proposed parking lot shall have a turning
radius of 28' inside and 48' outside radius when turning both north and south directions.
4. POLICE DEPARTMENT
4.1 ParlQng lot lighting needs to be shielded so that no direct light shines into adjacent residential
properties to the north and south. The applicant shall submit a lighting Plan that has been
approved by the Police Department with the Certificate of Zoning Compliance application for
the new parking lot.
5. SANITARY SERVICES
S.1 SSC has no comments relatal to this application.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008
C. Legal I?escription 8c Exl~u'bit Map
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2008
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Conap7 shall make a full im-estigsbton
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Connell shaIl make the following findings:
a. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to mzone all of the subject property to 1.-O. if the applicant
complies with the DA provisions, the City Council finds that the proposed zoning map
amendment complies with the applicable provisions of the comprehensive plan. Please see
Comprehensive Phm Policies and Goals, Section 8, of the Staff Report.
b. The map amendment complies with the regulations o~lined for the proposed district,
speaffically the purpose statement;
The City Council finds that the proposed use of the pmperiy for a parking lot expansion fair
the Meridian Library is consistent with the requested Ir0 zoning district and future land use
map designation of Office for this property.
c. The map amendment shall not be materially detrimental to the pablic health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
d. The map amendme~ shag not result in an adverse impact upon the delivery of servicm
by any pohtical subdivision providing public servicm within the City iaclnd'3ng, but not
limited to, school daistri%ts; and,
If the applicant complies with the DA provisions, the City Council fords that the proposed
zoning amendment will not n~u1t in any adverse impact upon the delivery of services by any
political subdivision providing services to this site.
b. The annexation is in the best of interest of the City (iJDC 11-SB-3.E).
The City Couaeil finds that the rezone of this property to L-0 would be in the best interest of
the City.