Baby Place AZ 09-004ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 31
BOISE IDAHO 03104110 02:10 PM
DEPUTY usa Ban ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ~~~
RECORDED-REQUEST OF 11E1~i'~464
Marldian City
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Shys, LLC, Owner
3. Brent and Coleen Goodwin, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of ~ Q, ~ , 2010, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY, and Shys, LLC, 1969 W. Divide
Creek Street, Meridian, ID 83646, hereinafter called OWNER and Brent and Coleen
Goodwin, 1969 W. Divide Creek Street, Meridian Idaho 83642, hereinafter called
DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner and Developer are the sole owners, in law
and/or equity, of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit "A" for each owner, which is attached
hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the Property; and
1.2 WHEREAS, I.C. § 67-6511 A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Owner and/or Developer make a written commitment concerning the
use or development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the
enactment of Ordinance 11-SB-3, which authorizes development
agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Developer has submitted an application for re-zoning
of the Property described in Exhibit A, and has requested a
designation of C-C (Community Business District) (Municipal Code
of the City of Meridian); and
1.5 WHEREAS, Owner and/or Developer made representations at the
public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
DEVELOPMENT AGREEMENT -BABY PLACE (AZ 09-004) PAGE 1 OF 11
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
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 23`d day of December, 2009, has
approved Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the Findings); and
1.8 WHEREAS, the Staff Report requires the Owner and Developer to
enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
1.9 OWNER and 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 and 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 aze
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT -BABY PLACE (AZ 09-004) PAGE 2 OF 11
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Broadway
Avenue, Meridian, Idaho 83642.
3.2 OWNER: means and refers to Shys, LLC, 1969 W. Divide Creek
Street, Meridian, ID 83642, the party that owns said Property and
shall include any subsequent owner(s) of the Property.
3.3 DEVELOPER: means and refers to Brent and Coleen Goodwin,
1969 W. Divide Creek Street, Meridian, ID 83642, the party that is
developing said Property and shall include any subsequent
developer(s) of the Property.
3.4 PROPERTY: means and refers to that certain parcel(s) of Property
located in the County of Ada, City of Meridian as described in
Exhibit A describing the parcels to be re-zoned C-C (Community
Business District) attached hereto and by this reference incorporated
herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian Unified
Development Code § 11-2B.
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:
a. Access to the site shall be limited to one full access driveway via N. Linder Road
as shown on the site plan; additional access points to Linder Road are prohibited.
b. Cross-access/ingress-egress easements shall be provided to the properties to
the north (parcel #83579000020) and south (parcel #83579000030) for future
DEVELOPMENT AGREEMENT -BABY PLACE (AZ 09-004) PAGE 3 OF 11
interconnectivity and to reduce access points to Linder Road, an arterial street.
The easements shall be granted at the time of future construction on the site
and/or expansion of the existing parking lot. A copy of said easements shall be
submitted to the Planning Department with the Certificate of Zoning
Compliance application.
c. A minimum 5-foot wide detached sidewalk is required to be constructed along
Linder Road in accordance with UDC 11-3A-17C prior to issuance of
Certificate of Occupancy.
d. A minimum of four (4) off-street vehicle parking spaces shall be provided on
the site in accordance with the standards listed in UDC 11-3C-5. Additionally,
a minimum of one (1) bicycle parking space shall be provided on this site in
accordance with the standards listed in UDC 11-3C-SC.
e. A 25-foot wide landscape street buffer is required to be installed along Linder
Road in compliance with the standards listed in UDC 11-3B-7C.
f. Per UDC Table 11-2B-3, a 25-foot wide buffer is required to be installed
adjacent to the residential uses along the north and south property boundaries,
in accordance with the standards listed UDC 11-3B-9C.
g. The applicant shall submit a Certificate of Zoning Compliance application to
the Planning Department for approval of the use to ensure compliance with the
provisions of the development agreement contained herein, prior to issuance
of Certificate of Occupancy.
h. After obtaining approval of a Certificate of Zoning Compliance from the
Planning Department, the applicant shall apply for a Certificate of Occupancy
from the Building Department, prior to commencing the operation of the
birthing center in the City.
i. Outdoor activities conducted on this site shall not create a public noise
disturbance between the hours of 11 pm and 6 am, in accordance with
Meridian City Code §6-3-6.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon an uncured material default of the Owner and/or Developer or Owner's and/or
Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions
Governing Development of Subj ect Property" of this agreement within two years of the date
this Agreement is effective, and after the City has complied with the notice and hearing
procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or
recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
DEVELOPMENT AGREEMENT -BABY PLACE (AZ 09-004) PAGE 4 OF 11
Owner and/or 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 Owner and/or Developer and if the Owner and/or
Developer fails to cure such failure within six (6) months of such
notice.
8. DEFAULT:
8.1 In the event Owner and/or Developer, or Owner's and/or 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 terms and conditions included in this
Agreement in connection with the Property, this Agreement may be
terminated by the City upon compliance with the requirements of the
Zoning Ordinance.
8.2 A waiver by City of any default by Owner and/or Developer of any
one or more of the covenants or conditions hereof shall apply solely
to the breach and breaches waived and shall not bar any other rights
or remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
9. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's
and/or Developer's cost, and submit proof of such recording to Owner and/or Developer,
prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning
of the Property by the City Council. If for any reason after such recordation, the City
Council fails to adopt the ordinance in connection with the annexation and zoning of the
Property contemplated hereby, the City shall execute and record an appropriate instrument of
release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
11. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner and/or Developer, or by any successor or successors in
title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate
action at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
DEVELOPMENT AGREEMENT -BABY PLACE (AZ 09-004) PAGE 5 OF I 1
11.1 Subject to Sections 6 and 7 of this Agreement, in the event of an
uncured material breach of this Agreement, the parties agree that City
and Owner and/or Developer shall have thirty (30) days after delivery
of notice of said breach to correct the same prior to the non-breaching
party's seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot with
diligence be cured within such thirty (30) day period, if the defaulting
party shall commence to cure the same within such thirty (30) day
period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be reasonably necessary to
complete the curing of the same with diligence and continuity.
11.2 In the event the performance of any covenant to be performed
hereunder by either Owner and/or Developer or City is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
12. 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 Owner and/or Developer agrees to provide, if required by the City.
13. CERTIFICATE OF OCCUPANCY: The Owner and/or Developer agree
that no Certificates of Occupancy will be issued until all improvements are completed, unless
the City and Owner and/or Developer 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.
14. ABIDE BY ALL CITY ORDINANCES: That Owner and 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.
15. 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:
DEVELOPMENT AGREEMENT -BABY PLACE (AZ 09-004) PAGE 6 OF 11
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
OWNER:
Shys, LLC
1969 W. Divide Creek Street
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPER:
Brent and Coleen Goodwin
1969 W. Divide Creek Street
Meridian, ID 83642
15.1 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.
16. 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
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
18. 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 and/or Developer of the Property, each subsequent
owner and any other person acquiring an interest in the Property. Nothing herein shall in any
way prevent sale or alienation of the Property, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. City agrees,
DEVELOPMENT AGREEMENT -BABY PLACE (AZ 09-004) PAGE 7 OF 11
upon written request of Owner and/or Developer, to execute appropriate and recordable
evidence of termination of this Agreement if City, in its sole and reasonable discretion, had
determined that Owner/Developerhas fully performed its obligations under this Agreement.
19. 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.
20. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owner and/or Developer
and City relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between Owner and/or
Developer and City, other than as are stated herein. Except as herein otherwise provided, no
subsequent alteration, amendment, change or addition to this 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.
20.1 No condition governing the usesand/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
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
21. 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:
SITYS, LLC
Y~
DEVELOPER:
DEVELOPMENT AGREEMENT -BABY PLACE (AZ 09-004) PAGE 8 OF l 1
rent Go win
L~`'~U~r- ~'l .
Coleen Goodwin
CITY OF MERIDIAN
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gy. ,~~
Mayor Ta y de Weerd
ATTEST: \``\``~~,~OF r r r r rr~''~~
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DEVELOPMENT AGREEMENT -BABY PLACE (AZ 09-004) PAGE 9 OF 11
STATE OF IDAHO,
County of Ada,
ss
On this IR"~ day of F , uav ~, 2010, before me, the
undersigned, a Notary Public in and for said State, personally appeared
2~v enk C1ood~- n known or identified to me to be the
~~ ,~ of SITYS, LLC, and acknowledged to me that he executed the same
on behalf of said corporation.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
(SEAL) ~. SC,~j
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STATE OF IDAHO, )
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County of Ada, )
IDO.. `-~ c~ k Q~n~c~,
o~ry Public~for Idaho
Residing at: 2
My Commission xpires: ~~
On this ~~'`' day of e.~rua.~ 2010, before me, the
undersigned, a Notary Public in and for said State, personally appeared Brent Goodwin,
known or identified to me to be the person who signed the agreement 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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(SEAL) ~~~~ $~T~Y ,',9, ~ .
~~ ~ ary Public for Idaho
~ p 1 ~ ~ Residing at: ~~~ =D
®~ UB~ Gee ~~~ My Commission Expires: y
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DEVELOPMENT AGREEMENT -BABY PLACE (AZ 09-004) PAGE 10 OF 11
STATE OF IDAHO, )
): ss
County of Ada, )
On this ~'µ" day of ~~r 2010, before me, the
undersigned, a Notary Public in and for said State, persona ly appeared Coleen Goodwin,
known or identified to me to be the person who signed the agreement and acknowledged to
me that she 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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(SEAL) ~ ~ ~~~~ _7 ,
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PU~~.~G .
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STATE OF IDAHO )
ss
County of Ada )
lfl0 `fi(1 ~C~~.(1cn.~-
~ otary Public o~r Idaho
Residing at: I~ n, =p
My Commission Expires: ~,-A~ ~y
On this Z~ day of Q~~ , 2010, 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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DEVELOPMENT AGREEMENT -BABY PLACE (AZ 09-004) PAGE 11 OF 11
Exhibit A -Legal Description
BOUNDARIES UNL1MiTED LLC
PaI•cel Uescl•iption
For
Lot 5 Block 1
Hepper Acres Subdivision
Lot 5 Block I of liepper Acres Subdivision, situate in the Southwest quarter of Section l2,
Townshrp 3 North, Range 1 West, Boise Meridian, Ada County County, Idaho, More particularly descn'bad
as follows:
Commencing at the Southwest corner of Section l2, Thence N00°04'00"W, 802 33 feet along lira
West line ofthe Southwest quarter of Section 12 to the Southwest comer of"Lot S, the POINT OF
BEGINNING;
Thence N00°04'0"W, l20 00 feet along the west boundary of'said Lot 5 to the northwest comer of lot 5;
Ihence S88°59'00"E, 3S6 29 feet along the North boundary of said i.ot S to the Northeast corner of Lot 5;
Thence S00°07'00"W, 120.00 feet along the East boundary of said Lot S to the Southwest corner of said
Lot S;
Thence N88°S9'00"W, 355.84 feet along the South boundary of'said Lot 5 to the POINI OF BEGINNING
ways
Said Parcel A contains 0.98 Acros or 42,719 Square Feel mote or less and is subJect to all rights of
~°di ROVAL
1uL ~ s 2aos
"iI~IAN PUBLtG
',RKS DEP'~.
Earl EtNen PE PLS 20$.863.8477 ~hten ^,v~rpa.eor:
Dave Sander8 Survey Manager 208.739 8003 yu~uaL~t~1 c~:,ya ~o ~::__
2121 S. Phdfippi Boise Idaho 83705
Exhibit A
CITY OF MERIDIAN E IDIAN;-
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND 1®~ ~
DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 0.98 of an Acre of Land to the
C-C (Community Business) Zoning District, by Brent and Coleen Goodwin.
Case No(s). AZ-09-004
For the City Council Hearing Date of: December 8, 2009 (Findings on the December 22,
2009 City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff' Report for the hearing date of December 8, 2009,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 8, 2009,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
December 8, 2009, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of December 8, 2009, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-09-004
-1-
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Deparhnent, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and provisions of the Development
Agreement in the attached Staff Report for the hearing date of December 8, 2009,
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 Meridian City Code § 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Annexation & Zoning request to the C-C district as evidenced by
having submitted the legal description and exhibit map, stamped by Earl Eb1en and
dated July 28, 2009, is hereby conditionally approved; and,
2. A Development Agreement (DA) is required with the subject annexation & zoning
approval. The provisions of the DA are as shown in Exhibit B of the attached Staff
Report for the hearing date of December 8, 2009, incorporated by reference.
D. Attached: Staff Report for the hearing date of December 8, 2009.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-09-004
-2-
By action of the City Council at its regular meeting held on the 2 day of
~~,,~,,,~ , 2009.
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER BRAD HOAGLUN VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED~p C~~--
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED -""-
(TIE BREAKER)
,,,,,,,,,,,,, ,~ ~ . ~~ ~oct1z~ , a~~ /~layo~
Attest: ~~~~```\C1~~l ~ /q2 ~~''~.
1 ,`TFO ~I
~ r
Jaycee an, City Cleric y ~,
~.`~ p
Copy served upon Applicant,'~ay~~[(g.I~~~rtlnent, Public Works Department and City
Attorney.
By: Dated: I ~ - a-3 ~ (~
' Cl 'Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-09-0Q4
-3-
STAFF REPORT Hearing Date: December 8, 2009
TO: Mayor & City Council
FROM: Sonya Waters, Associate City Planner
208-884-5533
SUBJECT: AZ-09-004 -The Baby Place
L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
E IDIAN-
P~AFF~
The applicants, Brent and Coleen Goodwin, have applied to annex and zone 0.98 of an acre of land
from the Rl zoning district in Ada County to the C-C (Community Business) zoning district in the
City.
The applicants are currently operating a birthing center, The Baby Place, on this property and have
submitted a site plan showing the location of the existing structure, access driveway to Linder Road,
parking, landscaping, and fencing. See Section 10 of the staff report for more information.
II. SUMMARY RECONIlVIENDATION
Staff is recommending approval of the proposed annexation and zoning based on the Findings of Fact
and Conclusions of Law in Exhibit D with the requirement of a Development Agreement that
includes the provisions noted in Exhibit B of the staff report.
The Meridian Planning & Zoning Commission heard this item on September 3, and 17. and
November 5.2009. At the public hearing on November 5 they moved to recommend approval
of the subiect AZ request.
a. Summary of Commission Public Hearing:
i. In favor: Jason Kuglin. Paul Stark. Verlyn Brower
ii. In opposition: Gary Reimer: Margaret Reimer: Jim Witt
iii. Commenting: None
iv. Written testimony: Jason Kuglin: Design West
v. Staff presenting application: Sonya Wafters
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
L The proposed hours of operation of the birthing center;
ii. The previous and continued operation of the business without the proper approvals in
Ada County
c. Key Commission Change(s) to Staff Recommendation:
i. Modify DA provision #1.2b to include the timing for the cross-access easements to be
granted (see Exhibit B).
d. Outstanding Issue(s) for City Council:
i. None
as
L in Tavor:.~ason ~cng~m. xvan ravior
li. la opR sitipn: None
~. Commenting: None
jy, Written testimony: None
Baby Place, The AZ PAGE 1
y. Staff presenting aonLication: Sonya Watte
Yl. _Qther staff co mentinQ on ann ication: oe 'Iva= int Dol by
]Z. Kev Issues of Discussion by Council:
~. _ e proposed hours of operation of the b'rt inu center
~, ev Council Chanp.,Cs to Staff/Commission Recommendation
i4 lYQrig
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number AZ-09-
004, as presented in the staff report for the hearing date of December 8, 2009 with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number AZ-09-004,
as presented during the hearing on December 8, 2004, for the following reasons: (You should state
specific reasons for denial of the annexation and you must state specific reason(s) for the denial of
the plat.)
Continuance
I move to continue File Number AZ-09-004 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 270 N. Linder Road, in the SW '/a of Section 12, Township 3 North, Range 1
West.
B. Owner(s):
Shys, LLC
1969 W. Divide Creek Street
Meridian, ID 83646
C. Applicant:
Brent and Coleen Goodwin
1969 W. Divide Creek Street
Meridian, ID 83646
D. Representative:
Jason Kuglin, Pinnacle Engineers, Inc.
12552 W. Executive Drive, Suite B
Boise, ID 83713
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning. A public hearing is required before the
Baby Place, The AZ PAGE 2
Planning & Zoning Commission and City Council on this matter, consistent with Meridian City
Code Title 11, Chapter 5.
B. Newspaper notifications published on: August 17, and 31, 2009; October 19, and November 2,
2009 (Commission); November 16, and 30, 2009 (City Council)
C. Notices mailed to subject property owners on: August 13, 2009 and October 8, 2009
(Commission); November 12, 2009 (City Council)
D. Applicant posted notice on site(s) on: August 25, 2009 and October 20, 2009 (Commission);
November 27, 2009 (City Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning. The Baby Place, a birthing center, is currently in operation on
this site, which is zoned Rl in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The character of the adjacent
areas to the north and south is residential, while the adjacent areas to the east and west are
industrial and vacant industrially zoned land.
1. North: Rural residential property, zoned Rl in Ada County
2. East: Vacant industrial property, zoned I-L
3. South: Rural residential property, zoned Rl in Ada County
4. West: Industrial properties, zoned I-L
C. History of Previous Actions:
• This property was previously platted as Lot 5, Heppers Acre Subdivision.
• This property hooked up to City sewer on March 1, 2006.
The business currently in operation on this site did not receive approval from Ada
County and is not an allowed use in the current Rl zoning district in the County.
Building permits for the recent expansion of the facility were obtained from Ada
County; however occupancy has not yet been granted because residential permits
were obtained instead of commercial permits which are not consistent with the
commercial use of the site. The applicant is requesting annexation into the City in
order to legally operate the business.
D. Utilities:
1. Public Works:
a. Location of sewer: Service is currently provided from N Linder road
b. Location of water. The applicant will need to connect to the main in N Linder Road.
c. Issues or concerns: None
E. Physical Features:
Canals/Ditches Irrigation: Staff is unaware of any canals or ditches that may traverse this
property.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within a floodplain.
Baby Place, The AZ PAGE 3
F. Access: Two access points to Linder Road currently exists on this site. Only one access is shown
on the site plan. Please see Section LAY below for more information on access.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated as "Mixed Use -Community (MLJC)" on the Comprehensive Plan
Future Land Use Map. Per Chapter VII of the comprehensive plan, up to 25 acres ofnon-residential
uses are permitted within the MUC areas as shown on the Future Land Use Map. In MUC areas that
aze not Neighborhood Centers such as this, over 25 acres of non-residential uses shall be permitted
through the CUP process; up to 200,000 square feet of non-residential building area; and residential
densities of 3 to 15 units/acre. Sample uses include: All MU N categories, clothing stores, garden
centers, hazdwaze stores, restaurants, banks, drive thru facilities, auto service station, and department
stores.
While the area is not yet fully developed with commercial uses it is anticipated that over time the azea
will evolve as envisioned in the plan. Staff believes use of the site as a birthing center is consistent
with the uses desired in MU-C designated areas in the Comprehensive Plan as it provides a service in
the community.
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the proposed church use of this property (staff analysis in italics):
• When the City established its Area of City Impact, it planned to provide City services to the
subject property. Municipal services are available to the subject property and will be provided in
the following manner:
- Sanitary sewer and water service is available to be extended to the subject property.
- The lands will be serviced by the Meridian Fire Department (11~'D).
- The lands will be serviced by the Meridian Police Department (11IPD).
- The roadways adjacent to the subject lands are currently owned artd maintained by the Ada
County Highway District (ACRD). This service wild not change.
- The subject lands are currently serviced by the Joint School District #2. This service will not
change.
- The subject lands are currently serviced by the Meridian Library District. This service will
not change.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
• "Restrict curb cuts and access points on collectors and arterial streets" (Chapter VII, Goal IV,
Objective D, Action 2, page 114)
There are two access points to Linder Road, an arterial street, that exist on this site; the site plan
depicts only one access point to Linder. Because access to a local street is not available to this
site, staff is supportive of the single access point to Linder Road remaining as proposed and
recommends access be restricted to only one access point as shown on the site plan.
• "Require appropriate landscape and buffers along transportation corridor (setback, vegetation,
low walls, berms, etc.) (Chapter VI)•, Goa11V, Objective D, Action 5, page 114)
A 25 foot wide landscape bu, f,~er is required along Linder Road, an arterial street, per UDC Table
11-ZB-3. All landscaping should be installed in accordance with the standards listed in UDC Il-
3B-7C, Landscape Buffers along Streets.
Baby Place, The AZ PAGE 4
• "Require screening and buffering of commercial and industrial properties and residential use with
transitional zoning." (Chapter VII, Goal III, Objective A, Action 6, page 112)
The applicant is proposing a C-C zoning district for this site, which sta,~'' believes is an
appropriate transitional zone to abutting residentially coned properties within MUC designated
areas (the properties to the north and south are also designated as MUC). Fencing exists around
the perimeter of the site. A 2S foot wide landscape buffer is required to be provided on C-C zoned
properties as a buffer to residential uses, in accordance with the standards listed in UDC 11-3B-
9C.
• "Develop methods such as cross-access agreements, frontage roads, to reduce the number of
existing access points onto arterial streets:' (Chapter VI, Goal II, Objective A, Action 12, page
85)
The proposed site plan does not depict cross-access to arty of the abutting properties. As a
provision of the development agreement, staff is recommending cross-access/ingress-egress
easements be provided to the properties to the north and south for future interconnectivity and to
reduce access points on Linder Road, an arterial street.
• "Encourage the development of a continuum of services to meet the health care needs of the
citizens of Meridian." (Chapter VI, Goal V, page 89)
Staff believes that the birthing center will contribute to the variety of health care services
available to the citizens of Meridian and surrouruling area.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail
and service needs of the community in accordance with the Meridian comprehensive plan. Six (6)
districts are designated which differ in the size and scale of commercial structures accommodated
in the district, the scale and mix of allowed commercial uses, and the location of the district in
proxinuty to streets and highways.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-21ists the permitted,
accessory, and conditional uses in the C-C zoning district. The birthing center is considered a
"healthcare or social service" use and is listed as a principal permitted use in the proposed C-C
zoning district.
C. Dimensional Standazds: The site is required to comply with the dimensional standards listed in
UDC Table 11-ZB-3 for the proposed C-C zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC 11-3B-7C and Table 11-2B-3; pazking lot landscaping shall be installed in accordance
with the standards listed in UDC 11-3B-SC; landscape buffers to adjoining residential uses shall
be installed in accordance with the standards listed in UDC 11-3B-9C and Table 11-2B-3.
E. Off-Street Parking: One off-stmt parking space is required for every 500 square feet of gross
floor area; pazking areas shall be designed in accordance with the standards listed in UDC 11-3C-
5. The gross floor area of the existing structure is 2,400 squaze feet. Therefore, 4 parking spaces
are required; 4 are provided Additionally, one bicycle parking space is required to be provided
for every 25 proposed vehicle pazking spaces, or portion thereof, in accordance with the standards
listed in UDC 11-3C-SC. Per tkus standard, 1 bicycle pazking space is required to be provided on
the site.
Baby Place, The AZ PAGE 5
]QG ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The Applicant is requesting approval to annex and zone 0.98 of an acre of land from the Rl
zoning district in Ada County to the C-C (Community Business) zoning district in the City. A
birthing center currently exists on this site that is proposal to remain.
The applicant states that the birthing center is capable of providing care for 2 clients at a time for
a maximum of 24 clients daily. The facility is open 3 days a week, Monday thru Wednesday.
The applicant has submitted a site plan with the annexation raluest showing the location of the
existing structure, driveway access to Linder Road, parking azea, fencing, and landscaping (see
Exhibit A.2).
Access: There aze currently two access driveways to Linder Road from the site. The site plan
depicts one driveway access to/from the site via Linder Road, an arterial street. The UDC (11-3A-
3) requires access to be taken from a local street when available; however, access to a local street
is not available to this site. For this reason, staff is supportive of allowing the applicant to retain
one of the existing accesses to Linder Road as depicted on the site plan.
Cross-Access: The site plan does not depict cross-access to any of the abutting properties. When
access to a local street is not available such as in this case, the UDC (11-3A-3A.2) raluires cross-
access/ingress-egress easements to be provided to adjoining properties for future
interconnectivity. Additionally, a goal of the comprehensive plan (page 114) is to develop
methods such as cross-access agreements to reduce access points onto arterial streets. For these
reasons, staff is recommending a DA provision that cross-access/ingress-egress easements be
provided to the properties directly to the north and south of this site for Estate
interconnectivity. Staff is not requiring cross-access be provided to the property to the east
as it is industrially zoned and access to the industrial property is provided from a local
street.
Parking: Off-street parking is depicted on the site plan and shall comply with the standards listed
in UDC 11-3C-5; bicycle parking shall also be provided on the site in accordance with the
standards listed in UDC 11-3C-SC and 11-3C-6G. See Section VIII.E above for detailed
information on parking for this site.
Sidewalks: A sidewalk is not depicted on the site plan along Linder Road. A minimum 5-foot
wide detached sidewalk is required to be constructed along Linder Road in accordance with
UDC 11-3A-17C, prior to issuance of Certificate of Occupancy as a provision of the DA for
annexation of this properly.
Landscaping: Street buffer landscaping, internal parking lot landscaping, and landscape buffers to
adjoining residential uses will be required with development of this site and shall be installed in
accordance with the standards listed in the applicable sections of UDC 11-3B.
• Per UDC Table 11-2B-3, a 25-foot wide street buffer is required along Linder Road, an
arterial street, as shown on the site plan.
Per UDC Table 11-2B-3, a 25-foot wide buffer comprised oi; but not limited to, a mix of
evergreen and deciduous trees, shrubs, lawn, or other vegetative ground cover that allows
trees to touch at maturity is required along the north and south property boundaries adjacent
to adjoining residential uses (UDC 11-3B-9C). The planting requirement may be reduced to
one tree per 3S linear feet plus shrubs, lawn, or other vegetative groundcover, if a fence at
least 6feet tald is provided.
Baby Place, The AZ PAGE 6
Because there is an existing paved driveway to Linder Road along the front portion of the
south boundary of the site, there is not sufficient space to construct a landscape buffer in this
area; however, a buffer consistent with UDC requirements is proposed along the rear portion
of the site. Alternative Compliance, in accord with UDC 11-SB-5, may be requested on the
front portion of the site where compliance with the buffer requirements may not be feasible
due to existing site conditions. [Note: Staff determines that an adequate buffer, in terms of
physical space (i.e. driveway) and vertical elements (i.e. fencing, exists on the site in accord
with the dimensional standards for the GC district listed in UDC Table 11-2B-3. However,
because site conditions exist that make it infeasible to install landscaping as required by
UDC 11-3B-9C, alternative compliance is required.)
Along the north property boundary, there is adequate room for a buffer to be provided;
however, the landscaping shown on the plan does not comply with UDC requirements for
buffers to adjoining residential uses. Note: The existing structure encroaches approximately
12 feet into the required buffer area. Additional landscaping is required to be installed to
result in a barrier that allows trees to touch at the time of maturity along the full length of the
property, or the required landscaping may be reduced to 1 tree per 351inear feet plus shrubs,
lawn, or other vegetative ground cover if a 6-foot tall fence is constructed for screening in
accord with UDC 11-3B-9C.
Fencing: The site plan depicts fencing around the perimeter of the property. There is a 3-4 foot
solid wood fence along the north boundary of the site in the front yard area and an open vision
fence in the rear yard area. There is a 6-foot tall vinyl fence along the east boundary and a 6-foot
tall solid wood fence along the south boundary. Note: If a reduction in the landscaping
requirements listed in UDC 11-3B-9C is requested along the north boundary, a 6-foot tall closed
vision fence will be required.
Hours of Operation: The birthing center typically operates between the hours of 9 am to 4:30 pm,
Monday thru Wednesday. However, when a birth occurs, the hours maybe extended accordingly.
The UDC does not restrict hours of operation in the C-C district. However, compliance with the
City's noise ordinance is required (see Meridian City Code 6-3-6).
Certificate of Zoning Compliance (CZC): To ensure compliance with the DA provisions
contained in Exhibit B of this report, a CZC application is required to be submitted for review and
approval by the Planning Department prior to issuance of Certificate of Occupancy.
Development Agreement: UDC 11-SB-3D2 and Idaho Cade § 65-6711A provides the
City the authority to require a property owner to enter into a Development Agreement (DA)
with the City that may require some written commitment for all future uses. Staff believes that
a DA is necessary to ensure that this property is developed in a fashion that is consistent
with the comprehensive plan and does not negatively impact nearby properties. If the
Commission or Council feel that additional development agreement provisions are necessary,
staff recommends a clear outline of the commitments of the developer being required. Please
see Exhibit B for a list of DA provisions applicable to this site.
In summary, Staff is supportive of the Applicant's proposal to annex this site with a C-C zoning
district with the recommended DA provisions listed in Exhibit B of this report.
X. EXHIBITS
A. Drawings
1. Zoning Map & Aerial Map
Baby Place, The AZ PAGE 7
2. Site Plan (dated 7/24/09)
B. Comments/Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Annexation Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
Baby Place, The AZ PAGE 8
A. Drawings
F,xhibit B Pege 2
1. Zoning Map & Aerial Map
2. Site Plan (dated 7/24/09)
Exhibit B Page 3
EXHIBIT B: AGENCY & DEPARTMENT COIVIlVIENTS
On August 13, 2009, Planning Staff held an agency comments meeting. The agencies and
departments present include: Meridian Fire Department, Meridian Public Works Department, and
Meridian Police Department. Staff has included all comments and recommended actions in the
attached Exhibit B.
1. PLANNING DEPARTMENT
1.1 The legal description and exhibit map for the proposed rezone submitted with the application
(stamped on July 28, 2009, by Earl I. Eblen, PLS) shows the property within the existing
corporate boundary of the City of Meridian (see Exhibit C).
1.2 A Development Agreement (DA) will be required as part of the annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer. The
Applicant shall contact the City Attorney's Office within one year of Council approval to initiate
this process. Currently, a fee of $303.00 shall be paid by the applicant to the City Attorney's
office prior to commencement of the DA. The DA shall, at minimum, incorporate the following
provisions:
a. Access to the site shall be limited to one full access driveway via N. Linder Road as shown
on the site plan; additional access points to Linder Road aze prohibited
b. Cross-access/ingress-egress easements shall be provided to the properties to the north (parcel
#83579000020) and south (parcel #83579000030) for future interconnectivity and to reduce
access points to Linder Road, an arterial street. The easements shall be granted at the time
of future construction on the site and/or expansion of the existing narking lot. A copy of
said easements shall be submitted to the Planning Department with the Certificate of Zoning
Compliance application.
c. A minimum 5-foot wide detached sidewalk is required to be constructed along Linder Road
in accordance with UDC 11-3A-17C prior to issuance of Certificate of Occupancy.
d. A minimum of four (4) off-street vehicle parking spaces shall be provided on the site in
accordance with the standards listed in UDC 11-3C-5. Additionally, a minimum of one (1)
bicycle parking space shall be provided on this site in accordance with the standazds listed in
UDC 11-3C-SC.
e. A 25-foot wide landscape street buffer is required to be installed along Linder Road in
compliance with the standards listed in UDC 11-3B-7C.
f. Per UDC Table 11-2B-3, a 25-foot wide buffer is required to be installed adjacent to the
residential uses along the north and south property boundaries, in accordance with the
standards listed UDC 11-3B-9C.
g. The applicant shall submit a Certificate of Zoning Compliance application to the Planning
Department for approval of the use to ensure compliance with the provisions of the
development agreement contained herein, prior to issuance of Certificate of Occupancy.
h. After obtaining approval of a Certificate of Zoning Compliance from the Planning
Department, the applicant shall apply for a Certificate of Occupancy from the Building
Department, prior to commencing the operation of the birthing center in the City.
i. Outdoor activities conducted on this site shall not create a public noise disturbance between
the hours of 11 pm and 6 am, in accordance with Meridian City Code 6-3-6.
Exhibit C Page 2
2. PUBLIC WORKS DEPARTMENT
2.1 Sewer service to this site is currently provided from a main located in N Linder Road
2.2 Water service to this site will be required by connecting to the existing main located in N Linder
Road at the applicant's expense.
2.3 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)3342190.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, asingle-point
connection to the culinary water system shall be required. .
3. FIRE DEPARTMENT
3.1 The applicant shall be required to obtain and pass an inspection by a Meridian Fire Department
representative prior to issuance of Certificate of Occupancy.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. PARKS DEPARTMENT
5.1 The Parks Department did not submit comments on this application.
6. SANITARY SERVICES COMPANY
6.1 SSC did not submit comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
This application is for a rezone only. Listed below are some of the site specific conditions of
approval that the District may require when it reviews a future development application. The District
may add additional site specific requirements when it reviews a specific redevelopment application.
7.1.1 Construct a S-foot wide detached concrete sidewalk located a minimum of 41-feet from the
centerline of Linder Road abutting the site.
7.1.2 Construct one driveway between 24 & 30-feet in width located at the south property line. Pave
the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the
roadway.
7.1.3 Close the existing driveway located at the north property line, as proposed.
7.1.4 Provide a cross access agreement for the property to the south.
7.1.5 Enter into a license agreement for any landscaping located within ACRD right-of--way abutting
the site along Linder Road.
7.1.6 Other than access specifically approved with a future development application, direct lot access
onto Linder Road will be prohibited.
Exhibit C Page 3
7.1.7 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way.
7.2.2 Private sewer or water systems aze prohibited from being located within any ACRD roadway or
right-of--way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the District's Tree Planter Width Policy.
7.2.6 Utility street cuts in pavement less than five years old aze not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepaze and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees aze required prior to building construction. The assessed
impact fee will be bassi on the impact fee ordinance that is in effect at that time.
7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACRD conduits (spaze or filled) are compromised during
any phase of construction.
7.2.12 No change in the terms and conditions of this approval shall be valid unless they aze in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Exhibit C Page 4
C. Annexation Legal Description & Exhibit Map
BOUNDARIES UNLIlNiTED LLC
Paz~cel Description
For
Lot 5 Block 1
Hepper Acres Subdivision
Lot 5 Black I of Hopper Acres Sabdivision. situate is the Soathvveat quarter of Section IZ,
Township 3 North, ltaage L West, Boise Metfdian, Ada colaty cou<+ty, Idaho. More particularly descai(md
as follows:
Comrneacing at the Southwest comer of Section 12, Thence N00°04'00"W, 80'133 feet along the
West line ofthe Southwost quarter of Section 12 ro the Southwest comer of Lot 5, the POINT OF
BEGINNING;
Thence N00°04'0"W, I20 t10 feet slang the west boundary of'sald Lot S ro the northwest comma of Lot 5;
Thence S88°59'00"L, 35B 29 feet along the North boundary of said lAt s to the Northeast of Lot 5;
Thence S00°07'00"vK, 130.00 feet along the East boundary of said LoL 5 to the Southwcst of said
Lot 5;
Thence N88°S9'00"W, 33584 &et atoag the South bomtdary of said Lot 5 to the POINT OF BEGINNING
Said Parcel A contains 0.98 Acres or 42,719 Square Feet more or less and is sabJect ro alI rights of
ways
.f~~+If OVAL
JUL ~ 8 2009
-~nlArt PuBL16
' jRKS DEPT.
Earl Ebten PE PLS 208.883.84T!
Gave Sanders Swvey Marreger 208.738 8003 7~g~eg~ eG~ivaR3~
2721 S. Phdlippi Bo1se Idaho 83708
Exhibit C Page 5
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Exhibit D
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant sn annexation
and/or rezone, the Councfi shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone the subject property from Rl in Ada County to C-C.
The City Council finds that the proposed zoning map amendment complies with the
applicable provisions of the Comprehensive Plan.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to C-C will provide services for
residents in this area of the city, consistent with the purpose statement for the commercial
districts.
c. The map amendment shall not be materially detrimental to the public 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 amendment shall not result io an adverse impact upon the delivery of services
by any political subdivision providing public services within the City inclading, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-SB-3.E).
The City Council finds that annexation of this property and subsequent zoning of the site to
C-C is consistent with the comprehensive plan future land use map and UDC standards as
detailed in this report. Therefore, the City Council finds that the annexation and zoning of this
property is in the best interest of the City.
Exhibit D