HomeMy WebLinkAboutSundance Dev. Agreement.AMDWHITE PETERSON
WHITE, PETERSON, MORROW, OlGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
ATTORNEYS AT LAW
ZOO EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE
POST OFFICE BOX 1150 CANYON PARK AT T~E IDAHO CENTER
MERIDIAN. IDAHO 83680-1150 3?00 EAST FRANi~IN ROAD, SUITE 200
TEL (208) 288-2499 TEL (208) 4~6-9272
February 27, 2002
MERIDIAN OFFICE
CITY OF MERIDIAN
CITY CLERK OFF]GE'
William G. Berg, Ir., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
Re:
SUNDANCE INVESTMENTS, LIMITED PARTNERSHIP OR
ASSIGNS / ANNEXATION AND ZONING FINDINGS /
AMENDMENT TO DEVELOPMENT AGREEMENT / AZ
ORDINANCE & CERTIFICATION OF CLERK / SUMMARY
ORDINANCE AND SUMMARY ORDINANCE COVER LETTER
AZ-01-025
Dear Will:
Please find enclosed the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING
APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from
the Council meeting of February 19, 2002, and which are on the agenda for March 5,
2002. I have also attached the original of the Amendment to Development Agreement
for owners and developer signatures.
After the Council meeting of March 5, 2002, if Council a~proves the
Findings of Fact and Conclusions of Law for the above matter, then the tradings will
need to be attached to the Amendment to Development Agreement as Exhibit "B".
After the Findings of Fact and Condusions of Law and Derision and Order
Granting Application for Annexation and Zoning have been adopted, please submit the
Amendment to Development Agreement to the owners and developer for signatures.
Also, please find enclosed the above AZ Ordinance and the Certification
of the Clerk for the annexation and zoning for City of Meridian
of Fact and ' ~ . After the Findin s
Conclusions have been adopted, then please place this ordinance on the citg~
Council agenda. This ordinance should ~d until the Findin_.g5 of Fact
a~n__d_ Con. clusion, s of Law and ,Decis!on. _and Order Grantin A ' '
~~m~'r~,[t~'.any, t nave en.c~osea a ~ummary
,y mnance will neea to be presented to
the Council at the same time the full annexation and zoning ordinance i p ented to
Council for approval, s res
If you have any questions arise, please advise.
Wm. F. Nichols
Z:\WorkhM~VIeddian~leddian 15360/V[Silverstone Corp Cntr Phase Il AZ01-025 PP01-025. CUP01-043~FFCL Ord Dev
AgmtCIlcdoc
"FIRST ADDENDUM TO RECITALS, DEFINITIONS, AND CONDITIONS OF
THE DEVELOPMENT AGREEMENT"(CASE NO. AZ-01-001
FOR NEW CASE AZ-01-025)
The following is an addendum to that certain Development Agreement
between the City of Meridian and Sundance Investments Limited Partnerhip or
Assigns, specifically to the sections pertaining to 1.1 and 1.4 of the RECITALS, 3.3
of the DEFINITIONS and of 5. CONDITIONS GOVERNING DEVELOPMENT
OF SUBJECT PROEPRTY, which are subsequent to the entering into of the original
development agreement dated July 17,2001, and recorded in the Ada County
Recorder's office as Instrument No. 101111017, and the Affidavit of Correctness
dated October 12, 2001, and recorded in the Ada County Recorder's office as
Instrument No. 101111016.
1. RECITALS:
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 "AA", which is attached hereto and by
this reference incorporated herein as if set forth in full,
hereinafter referred to as the "Property"; and
1.4
WHEREAS, "Owner/Developer" has sub~nitted an application for
annexation and zoning of the "Property's" described in Exhibit
"AA", and has requested a designation of (C-G) General Retail
and Service Commercial District, (Municipal Code of the City of
Meridian).
DEFINITIONS:
3.3
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit "AA", attached hereto and by this reference
incorporated herein as if set forth at length, which "Property" ~vill
be platted as a 31 building lots for commercial development.
"FIRST ADDENDUM TO THE
DEVELOPMENT AGREEMENT"
(ORIGINAL CASE NO. AZ-01-001
and new AZ-01-025)
It has been agreed between the "City" and "Developer" that the development
project of Silverstone Corporate Center Phase II shall be fully incorporated into the
original development agreement with Sundance Investments Limited Partnership or
Assigns, and shall include the 7.83 acres with a C-G zoning. Additionally, the
conditions and the specific uses that were allowed within the original development
agreement as Exhibit "C", which is attached hereto and by this reference incorporated
herein as if set forth in full and consisting of two pages, shall apply to the Silverstone
Corporate Center Phase II.
Therefore, the "Developer" shall comply with the following additional
conditions as follows:
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
If the legal description is not accurate, a new legal description shall be
submitted.
ACHD's Park & Ride Division Staff have indicated the need for a park and
ride location at the applicant's site. The District requests that applicant
grant the District an easement for a 10 to 12-space Park & Ride area at
this site. Commuteride staff will contact the applicant to coordinate the
location of the Parle & Ride area.
In order to reduce trips to and from this development it is
recommended that tenants occupying the proposed building be required
to provide an Alternative Transportation Program for employees and
provide an annual report to ACHD on employee participation, prior to
issuance of a building permit. Commuteride staff will coordinate the
Alternative Transportation Program with the applicant. For more
infonnation contact Ms. Pat Nelson at 387-6160.
In order to reduce trips to and from this development, the tenants
occupying the proposed building(s) should be required to participate in
any Transportation Management Association (TMA) or Transportation
Management Organization (TMO) that is formed with a boundary that
includes this site or is adjacent to this development.
"FIRST ADDENDUM TO THE
DEVELOPMENT AGREEMENT"
(ORIGINAL CASE NO. AZ-01-001
and new AZ-01-025)
2
10.
I1.
Dedicate 48-feet of right-of-way from the centerline of Eagle Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first.
Construct a 5-foot wide detached concrete sidewalk on Eagle Road
located 2-feet within the new right-of-way. Coordinate the location and
elevation of the sidewalk with District staff. If the side~valk meanders
outside of the right-of-~vay, provide an easement for the sidewalk.
Construct three public roadways extending of of East CopperPoint Way,
as proposed. The roadways are Brookstone Way, Rolling Stone Way
and Cobblestone Way.
· Brookstone Way is located on East Copper Point Drive approximately 360-
feet east of Eagle Road.
· Rolling Stone Way is located on East Copper Point Drive approximately
680-feet east of Eagle Road.
· Cobblestone Way is located on East Copper Point Drive approximately
1,000 feet east of Eagle Road
Construct all public roads within the subdivision as 40-foot street
sections with curb, gutter, and 5-foot wide concrete sidewalks within 54-
feet of right-of-way.
Construct an ACHD approved turnaround at the end of Cobblestone
Way, Rolling Stone Way and Brookstone Way. Submit a design of the
turnaround for review and approval by District staff.
The turnarounds shall be constructed to provide a minimum turning
radius of 55-feet.
Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
"FIRST ADDENDUM TO THE
DEVELOPMENT AGREEMENT"
(ORIGINAL CASE NO. AZ-01-O01
and new AZ-01-025)
12.
13.
14.
15.
16.
Any existing irrigation facilities shall be relocated outside of the right-of-
way.
All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
Other than the access points specifically approved with this application,
direct lot or parcel access to Eagle Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
Comply with the ACHD's Standards Requirements in their January 9,
2002 report.
If the development is planning a pressure urban irrigation system that
will be owned, operated and maintained by the Irrigation District,
applicant shall contact the District concerning installation of the
pressure system. A questionnaire shall be filled out and returned in
order to initiate the process of contractual agreements between the
owner or developer and the District for ownership, operation and
maintenance of the pressure urban irrigation system.
IT IS SO AGREED.
DATED AND SIGNED this
day of March, 2002.
CITY OF MERIDIAN
ATTEST:
BY:
Mayor Robert D. Corrie
BY:
City Clerk
"FIRST ADDENDUM TO THE
DEVELOPMENT AGREEMENT"
(ORIGINAL CASE NO. AZ-01-001
and new AZ-01-025)
4
SUNDANCE INVESTMENTS
LIMITED PARTNERSHIP OR ASSIGNS
BY:
Roger L. Anderson, General Partner
STATE OF IDAHO,)
: SS.
County of Ada, )
On this day of ,2002, before me, a Notary Public, in
and for the said state, personally appeared Robert D. Corrie and William G. Berg, Jr.,
lmown or identified to me to be the Mayor and City Clerk, respectively, of the City
of Meridian, who executed the instrmnent or the person that executed the instrmnent
of behalf of said City, and acknowledged to me that such City executed the sa~ne.
(SEAL)
Notary Public for Idaho
Residing at:
Commission Expires:
"FIRST ADDENDUM TO THE
DEVELOPMENT AGREEMENT"
(ORIGINAL CASE NO. AZ-01-001
and new AZ-01-025)
5
STATE OF IDAHO,)
: SS.
County of Ada, )
On this day of ,2002, before me, a Notary
Public in and for said state, personally appeared Roger L. Anderson, Known or
identified to me to be the general partner of Sundance Investments Limited
Partnership or Assigns, and the person who executed the instrument and
aclmowledged to me that he having executed the same on behalf of said limited
partnership or .assigns.
(SEAL)
Notary Public for Idaho
Residing at:
Commission Expires:
Z:\WorkkM~4eridim~Vleridian 15360M~Silverstone Corp Cntr Phase I1 AZ01-025 PP01-025 CUP01-
043VkDDENDUMtoDevAgmt.doc
"FIRST ADDENDUM TO THE
DEVELOPMENT AGREEMENT"
(ORIGINAL CASE NO. AZ-01-001
and new AZ-01-025)
6
EXHIBIT "AA"
A parcel of land being a portion of the Northwest t/4 of the
Southwest ~/4 of Section 21, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho. Said parcel being more
particularly described as follows:
BEGINNING at the Quarter Corner common to said Section 21
and Section 20; thence along the East-West centerline of said
Section 21,
South 89°07'33" East 48.00 feet to the proposed east right-of-
way line South Eagle Road; thence continuing along said East-
West centerline
South 89°07'33" East 1212.36 feet; thence leaving said East-
West centerline
South 00°00'08" West 190.05 feet; thence
South 23°01 '17" East 91.35 feet; thence
South 21°57'16'' West 60.00 feet to the centerline of
Ridenbaugh Canal as shown on Record of Survey 453,
Instrument No. 8316509, Ada County records; thence along the
centerline of said Canal through the following courses;
North 68°02'44" West 276.97 feet; thence
505.36 feet along a curve to the left, said curve having a radius
of 500.00 feet, a central angle of 57°54'34'', and a chord bearing
and distance of South 82059'58'' West 484.12 feet; thence
South 54002'40" West 156.20 feet; thence
174.94 feet along a curve to the right, said curve having a radius
of 120.00 feet, a central angle of 83°31'45", and a chord bearing
and distance of North 84°11'22" West 159.86 feet; thence
North 42°25'20" West 87.10 feet; thence
180.93 feet along a curve to the left, said curve having a radius
of 400.00 feet, a central angle of 25°55'01 ", and a d~ord bearing
and distance of North 55022'50'' West 179.40 feet; thence
North 68°20'20" East 47.61 feet to the west line of the
Northwest t/4 of the Southwest 1/4 of said Section 21; thence
along said west line
North 00°00'08'' East 196.20 feet to the POINT OF
BEGINNING.
Said parcel contains 350,873 square feet or 8.05 acres more or
less.
Z:\Work~Vl~MeridianLMeridian 15360NBSilverstone Corp Cntr Phase i1 AZO1-025 PPOI-025 CldPO1-
043~EXHIBIT.doc
EXHIBIT C
SILVERSTONE CORPORATE CENTER
PERMITTED, CONDITIONAL AND PROHIBITED USES
Uses will be governed by Meridian City Ordinance 11-8-1, Zoning Schedule of
Use Control, as may be amended from time to time. The following uses may
also be developed as permitted uses:
Adult Day Care
Animal Hospital
Auction Establishment
Automobile Related Business: Automobile Repair Shop - Minor; Service
Station; Car Wash
Bank, Financial Institution
Bottling and Distribution Plant (Microbrewery Type Only)
Bus Station
Church
Clinics (medical, dental, optical)
Club, Lodge, Social Hall
Convenience Store w/Gasoline Service
Construction Businesses: Contractor's Shop; Sheet Metal Shop; Roofing
Shop;, Sign Painting Shop
Driving Range
Electrical Equipment and Products
Electrical Supplies and Appliances
Entertainment Centers, Indoor: Bowling Alley; Skating Rink; Arcade; Arena;
Archery
Entertainment Centers, Outdoor: Amusement Park; Ball Park (baseball,
football, soccer); Water Park; Batting Cages; Go Cart Track
Flex Space: Office Warehouse Mix
Golf Course
Greenhouses, Nurseries (already permitted)
Grocery Stores
Hospitals
Hotels/Motels
Indoor Firing Range
Laboratories (medical~ dental, optical)
Laundry, Clothes Cleaning, Pressing Business
DEVELOPMENT A. GRR~.MENT (AZ-01-001) - 19
Communication Towers
Drive-in, Drive-through Establishments
Missions; Food Kitchens
Residential (planned development required)
S~les Lots
Schools, Private (vocational, trade and industrial schools are permitted)
Shelter Home
The following uses, in addition to those included in Meridian Ordinance
Section 1 I-8-1 as prohibited uses in the C-C and C-G zones (unless
permitted/conditional use above), are expressly prohibited:
Adult Business (bookstore, theater, performance)
Alcoholic Establishments (other than combined with restaurant service or
hotel/motel facility)
Boarding and Rooming House
Bottling and Distribution Plant
Composting Facility
Halfway House
Nursing HOmes and Sanitariums
Recreational Vehicle Park
Truck Terminal
Truck Stop Uses
DEVELOPMENT AGRF~-IVIENT (AZ-01-001) - 21