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Home My WebLink AboutItem Packet 2 !~ 'hi ~ '*:". C-.'.... : . j < :":,,' " .' ~~~IAN PLANNING AND ZONING MEETING: APPLICANT: REED J. BOWEN JR. December 8.1998 ITEM NUMBER: 5 REQUEST: AGENCY CONDITIONAL USE PER,.,. FOR A FAMILY WATER PARK COMMENTS CITY CLERK: CITY ENGINEER: i..:" CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: : ~ ~ ~ CITY WATER DEPT: ~~'"~~~I;;~II: _~:M MERIDIAN SCHOOL DISTRICT: ::~Y MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ,. SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF REC~~ON: 8m ..".. .. OltiJ1i-- IDAHO TRANSPORTATION DEPARTMENT 'I'" SEE ATTACHED LETT,~R AlI......erial. presented at public meetings'shall become pr ~"V if ;,- r ."...~ '~-"..... , ......... r .,~.. ~(.'1' . ......'1 . . .:~~l Mayor ROBERT D, CORRIE HUB OF TREASURE VALLEY A Good Place to Live COWlcil Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD 33 EAST IDAHO IDAHO 83642 Phone (208) 888-4433 . Fax (208) 887-4813 MEMORANDUM: ,i:. To: Planning & Zoning Commission, Mayor and City Council Bruce Freckleton, Assistant to City Engineer~ Shari Stiles, P&Z Administrator S- ~ From: Dece1nber 7, 1998 Re: Request for Conditional Use Permit for Roaring Springs Water Park by Reed J. Bowen, Jr., and Bowen Properties, LLC, dba Roaring Springs Water Park ..:' " We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS: :"..~:~- 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordiruuice 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517.,~ Wells may be used for non- domestic purposes such as landscape irrigation. ,. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and DevelopIIient Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning andDevelopment Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 5. .!; 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. RoaringSprings,CUP ~ "'.J.: Q D P&Z Commission/Mayor & Council December 7, 1998 Page 2 7. All signage shall be in accor~ with t~ s~ds set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordimmce. No temporary signage, banners or flashing signs will be permitted. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC COMm:ENTS:~ '" 1. This property was annexed in August 1995. As the property is designated in the Meridian Comprehensive Plan as a mixed planned use developmmt area, a requirement of the annexation and the development agreement was that all uses would be developed under the conditional use permit process. " 2. As part of a conditional use permit, the City of Meridian may Impose additional restrictions/conditions. 3. The site plan does not include any legend or notes, which makes it difficult to fully analyze all elements of the plan. 4. Sanitary sewer and water service to this project will be via lines that were installed as part of the Interstate Center. No details were shown on the site plan to indicate how the iOOividual buildings will be served. Designer is to coordinate sizin~ and rout~ of sanitary sewer and water within the development with the Public Works Department. l;' II 5. The ten-inch irrigation line shown bisecting the property will need to be relocated ... 6. A non-development agree~nt is in effect for the majority of this project. The property owner needs to request a IOOdi:fication of the non-development agreement for approval by the Meridian City Council prior to any permits bein~ issued. 7. Sanitary restrictions are still in place for this property and will need to be lifted prior to issuance of any permits. Provide a letter from Central District Health Department lifting the sanitary restriction for this JiOrtion ofInterstate Center. 8. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. The engineer on this project was to provide detailed information on water usa,ge for this development; the information has not yet been received. Flow and pressure from the existing I1lIlins should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. . RoiringSJiini!l.CUP ~I (1 'I P&Z Commission/Mayor & Council December 7, 1998 Page 3 9. Assessment fees for water aOO sewer service are determined during the OOilding plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water "Late Comers" fees will also be charged aaainst this parcel to help reimburse the parties responsible for installing the water mains to their current points. 10. Provide calcuJation of asphalt area of the parkini lot. 11. As 1-84 and Overl~ Road are both entrance corridors to the City, partictMr attention needs II to be paid to the l;mdscapina of tllese areas. The landscape plan shown for Overland Road appears to be acceptable; however, the trees shown on the laOOscape plan in the area of the mechanical building for the wave PQol and along the westerly property line adjacent to Jti Boondocks Cam10t be located over the sewer ease~nt. Propw screening of this mechanical building needs to be completed. The development agreement for this property requires a minimum 20-foot-wide landscape setb~k beyond the right-of-way for 1-84. The landscaping within the parking lot is desirable and shall be constructed as shown. . 12. Particular attention will need to be paid to lighting plans to ensure adjacent residential properties and the traveling public is not impacted by .glare, as determined by the City of Meridian. 13. No signage details were submitted. Detailed si~e plans will be subject to design review. 14. The site plan did not ~lude proposed utilities or lighting plans. The Meridian Pub~ Works Department needs to review these as part of the site plan. .. 15. The City anticipates a high volume of foot traffic to this developrmnt. Five-foot-wide sidewalks must be provided along Overland Road. Staff is also concerned about the lack of a pedestrian walkway over the interstate. 16. A traffic study of the impact at Overland Road/Highway 69 is required and has not yet been submitted. 17. 18. .:- Provisions for bicycle racks need to be made within the develo~ment. l' Screened trash enclosures are required per City Ordinance. Coordinate location fld construction requirements with Meridian Sanitary Service, Inc. ~I 19. ~ No Qandicapped accessible parking spaces are shown. All building and parking lot construction needs to meet the requireI1llli:nts of the Awericans with Disabilities Act:~ '," ~ R~SJll'ill!8.CUP o >~ 1.0.-- . .. P&Z Commission/Mayor & Council December 7, 1998 Page 4 20. No draiIiage areas are shown within the development. State agefcies recommend t~t drainage swales be used for pretreatment of stormwater. ,. 21. Ada County Highway District's preliminary COIIUl)ents require that a center turn lane be constructed for this project and that the driveway shown on Overland Road be constructed to 24'. Staff requests that the driveway on Overland rema.in at 30' and that a deceleration lane be provided on Overland Road in addition to ACHD's co~nts. 22. This conditional use permit will be subject to review upon ten days' notice to the Applicant. 23. 24. 25. 26. II 27. Applicant has indicated to staff in previous meetings that they will provide detailed information on water demand. To date, no informlltion has been provided. An estimate of 1.5 million g!llons was given for initial fill-up. Preliminary discussions with our water system consultant have revealed that a restrictive schedule would need to be followed for the time and rate ofthe initial fill ani mainte~ce volumes. The Applicant shall provdde a letter from the Idaho Department of Water Resources verifying that the City's Permit No. 63-11737 (Well No. 14) will allow water to be arpropriated for this use. The City's number 1 responsibility is providing water for domestic use. ....1 No City water will be allowed for landscape irrigation. The existing pressurized irrigation ;E system will need to be utilized for landscape purposes. oC The existing services that were stubbed into the individual lots for Interstate Center along Overland Road need to be abandoned. Coordinate abandonment with the Public Works Department. The private road and adjacent 10' public utility easements shown on the recorded plat will have to be vacated prior to issuance of building permits. InfoI1lijltion on parking requirements for a facility such as this were not available. The existing Boondocks facility is severely underparked and there have been instances when cars park along Blue Marlin Lane and along Overl.aml Roaq, which is an unacceptable condition. Applicant should be expected to provide additional'.parking facilities in a timely iijanller should a similar situation occur. .~ . 'x. ROIIringSptings.CUP . ~\.-.-:~ ~F~ ~:-:.~ .. ;.;,:. Mayor ROBERT D. CORRIE ~: HUB OF TREASURE VALLEY 'C ., ~ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO_mm MERIDIAN, IDAHO 831firti~CEIVEJ2) Phone (208) 888-4433 . Fax (208) ~13 PLANNING AND ZONING DEPARTMENT (208) 884-553) LEGAL DEPARTMENT (208) 884-4264 Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD PUBLIC WORKS BUILDING DEPARTMENT (208) 887-221 I :::.::i: ~ :.."': TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 1. 1998 TRANSMITTAL DATE: November 4, 1998 HEARING DATE: December 8.1998 FILE NUMBER: CUP - 100 - 98 REQUEST: CONDITIONAL USE PERMIT FOR A FAMILY WATER PARK BY: REED J. BOWEN, JR. LOCATION OF PROPERTY OR PROJECT: SOUTH OF 1-84, WEST OF HIGHWAY 69 _TAMMY DE WEERD, P/Z _MALCOLM MACCOY, P/Z _MARK NELSON, P/Z _BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR "~RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C KEITH BIRD, C/C i-GLENN BENTLEY, C/C ;.WATER DEPARTMENT '. SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER _CITY FILES MERIDIAN SCHOOL DISTRICT : ~~ MERIDIAN POST OFFICE(PRELlM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELlM & FINAL PLAT) U.S. WEST(PRELlM & FINAL PLAT) INTERMOUNTAIN GAS(PRELlM & FINAL PLAT) BUREAU OF RECLAMATION(PRELlM & FINAL - Y~~~~fl~/~~E~ r::~m75~' 2/;//;Id ., .... ~ ",::::1Il ," Mayor ROBERT D. CORRIE C) A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO ... .': ~ . MERIDIAN, IDAHO 8 ,__' Phone (208) 888-4433 . Fax (208) 88" -- HUB OF TREASURE VALLEY LEGAL DEPARTMENT (2011) 884CW264 Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208) 8S4-551' TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN . ~.-4 MERID1AN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELlM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPAMERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO,(PRELlM & FINAL PLAT) U.S. WEST(PRELlM & FINAL PLAT) INTERMOUNTAIN GAS(PRELlM & FINAL PLAT) BUREAU OF REC~ON(PRElIM & FINAL YOUR CONCISE REMARKS: k~, /1 r 9P- " cg~d p~tJJ e,T ,., ~ ..:.- ~ :."^";", ,~ ',-~ ADA C'OUNTY HIGHWAY Dir+RICT Planning and Development Division Development Application Report llECEIV€n IOV 2 0 1998 " CITY OF ~RIDIAt'( PLANNING & ZO~lNC r j ~ cd H -0 MCU-28-98 Overland Road '. Family Water Park Il;': The applicant is requesting conditional use approval for a family water park. The 14.93-acre site is located on the north side of Overland Road, approximately 600-feet west of Meridian Road. This development is estimated to generate 3,000 additional vehicle trips (3,000 total) per day based on the Institute of Transportation Engineers Trip Generation manual. 'i:! r j ~ cd H -0 Roads impacted by this development: Overland Road ACHD Commission Date - December 2, 1998 - 7:00 p.m. r 1 ~ cd H -0 " Cl e:: o u. I- <( e:: I- (Jl ~ J ~ a.' ~I i'! ~ i I ~ I ~ ~ ~i ~. . ,~ . ~~1 ,~\I 't~ 0'" ~- , - ' '" I .n, . _____________ SEC. 13 - T. 3 N. - R 1 W. /' __ .lOA COUNTY 'ZONING COMMISSION . . \ / 118"'.... - - I ..... --s-. - ',1 .-/ ~ · .. . ,,,.,oJ>"" >b. IZ .' ilL ,.~""..... "... ,JrJ - ... ." 'f-f!l'\'fI!f'rM of: ~ ~. 1'l' 1'!.. I' P.(~ ,~ ~ ,. c.N v .~. _ '/ ,:lcIt..Irl.LT'''''''' \j :t: C.G . (;r:l ;-R\. :Tl, I I.~ "~..::::&"~ Y' .. ~ i!- ,..." .j' ., -~ ,"""'". ..... I U _" ~ ,oJ! ," ~ .. ,..1.. '"\ ' ~.. i-.! -<< I ". ,., I', '" ,Ci i'" I.' ~ ~~ ~ . l1'\- ;...::: :-J- ~ iii - '- L.--: flt~. ~';l. · \.\ I 'i-.! ~ .. I ;~ S " 8 e 'JTl'r:BC1~1. , u~\. T1' . .' R.4 · ~r:-:~ ... . ~" '-' ~. :TJ;!; .r \Q \ ~. ~. u ~\". "~ i 11.10 ~... 11 " . . . 0 ..:. -, '- ,= t'II ." . .,. . _'- f::;;~. :;~ ~1fr'~ ~ ~. I " 1'..\ \ a __ .._ i' ._ ~., ~ · _ ~~ ~P-Z .~~ . \-~. ~ Rl'" ~. ~ -If't\ -:- Ij \ . ...", ,;b L..>..._. " - I,' AP-Z' ! R,4 ......_~ if-Y _. \_ _ .._ _ MERIOIAN IllW 1\ I ...... ......., .-L-t:A "111 . i . I I~ &J J~ III Updated 1-10-69 -COuNTY ZONES. 1\ __~"_' A.rt" ",.,'" Irk'I'''C ....' ~.,r-o - ,,,~. .~ .,/,or;. 'I" fa i Itl . .,.., If.. · ~ ~ C-Gw ~ '<.'''~'~; ~ '0 I; ~,_ ~~.... '_ ~:.vl _ _ J,~ , ~ ~ . R14. ~:;. 1\ \ '0' , I ~Il ~,. .. \ '\ 1""'. 'Ii ---,. -I/X':' .d- . H Ll .-,.. .~.. -~ J "~ '1 R l- *' :;;; J AP-21( ...",,;J ~./' tI,~ ~ ~ " ~ 1 ~ - &~ I ~ ,.'c..... ",,~ ~.~-..1' ~ ". ~ \\." ; ~..-- . - r-."'> * " ~- ,. ...,~~........... . 'LP \_-n~ ~ r-. ' 12 ~. -'".0 ........, " C-3"" <'I .(> 1<, ~ It INTERS ATE \.L \.L lJl r-\ 1; d.. <t ~ ~ TOTl=t. .02 S 11'"i \ .. \ .._ ~:IIJ,.I1-I:)""" I ..,."" t . ~~~. _ _ _ _ _ _ ., !W , \ II ii ' ~ i\ \\ UJ ~\ ~ ~::i ~\ ~ 8~\Il 5~ J' .' _____... ...._ co- ~ ~ . - ' ---- . - " '4:' x; .. ;< 1 1 i i i ~ P (0 _ t ~ ~ ! E i 1 ~ l . : ~; . ! l · ~ i , ! ! ~ . . ~! ~ :... t ~~~\ ~H' .)Wt S ;!;i '" - ~ "'-' ':'-~ .. Facts and Findings: (: 1 ~ A. C\J ~ ~ I~ (: 1 ~ ro ~ ~ (: j ~ ro ~ B. ~ ... c. (: j ~ ro H D. ~ E. (: j ~ c..~ ~ -u i.bf': I ~:. (J '!i UI:" General Information Owner - Winston H. Moore Applicant - Reed J. Bowen Jr. CG - Existing zoning 14,93 - Acres 15,293- Square feet of proposed building 288 - Traffic Analysis Zone (T AZ) Western Cities- Impact Fee Benefit Zone We;;t Ada- Impact Fee Assessment District '" Overlp.nd Road Minor Arterial with bike lane designation Traffic count 3,890 on 9-14-95 815 -feet of frontage 65-feet existing ri~t-of-w.~y (45-feet from centerline) 96-feet required right-of-way (48-feet from centerline) :':4 ~ 0', Overland Road is improved with 2 lanes of pavement with no curb, gutter or sidewalk. '" ,.. On November 29, 1995, the Commission reviewed and approved Interstate Center Subdivision, a 26-10t commercial subdivision on 39.06-acres. That site was estimated to generate 7,800 additional vehicle trips per day if developed as a business park of commercial use. A traffic study was submitted for that application. The current application covers approximately 60% of the original subdivision. C' Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. State Highway 1-84 is under the jurisdiction of Idaho Transportation Department (ITD). " Application materials should be submitted to ITD for review and requirements of that '" Department and the applicant ,should submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. The applicant may contact District III Traffic Engineer Walter Burnside at 334-8340. El The preliminary plat indicates that an irrigation ditch borders the site to the south. The applicant is proposing to relocate the irrigation ditch out of the future right-of-way of Overland Road, e '" ~I.~ MCU2898.FRJvl Page 2 l' j ~ cd ~ G. -u r j ~ H. cd ~ -U r j ~ cd ~ -u J. . K. r j ~ cdL. ~ -u '" A V ~ ~I ~~~ !'J F. District policy requires the applicant to constmct a 5-foot wide concrete sidewalk on Overland Road abutting the parcel. The sidewalk should be located two feet within the new right-of-way of Overland Road. Coordinate th~ location of the sidewalk with District staff. . The applicant is proposing to construct a 24-foot wide driveway on Overland Road, located approximately 630-feet east of the west property line (between Lots 27 and 28, Block 1, of Interstate Center Subdivision). The location of this driveway was previously approved by the Commission in the approval of Interstate Center Subdivision. The applicant should be required to pave the driveway its full width and at least 30-feet beyond the edge of pavement of Overland Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. The applicant will have additional access to the site via a private road, Blue Marlin Lane, "" abutting the site's western property line. The private road was previously approved in the Commission's approval of Interstate Center Subdivision. I. II District policy states that direct access to arterials and collectors is normally restricted and that the developer shall try to use combined access points. In accordance with District policy the applicant should be required to provide a recorded cross access easement for the parcels to the east and west to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). The District intends to require a similar agreement of the owners of the parcels to the east and west if they are the subject ofa future development application. If (t Based on the estimated volume of traffic to/from the site, the applicant should be required to constmct a center turn lane on Overland Road between the private road and driveway intersections. The turn lane should be constmcted with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are pr~vided as conditions for approval: Site Specific Requirements: 1. r j ; cd H -u II B Dedicate 48-feet of right-of-way from the section line of Overland 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. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. MCU2898.FRlVl Page 3 ~ ~ ." (" j ~ (\j H """"d 3. 4. (" 1 ~ 5, (\j H """"d 6. (" j ~ 7. (\j H """"d 8. I Il~ (" j ~ (\j HI. """"d (" j ~ (\j H """"d o I~ c 2. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. ... Comply with requirements of ITD for State Highway 1-84 frontage. Submit to the District a letter from ITO regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Walter Burnside at 334-8340. ;;;; Relocate the irrigation ditch out of the future right-of-way of Overland Road. R '" );.: Construct a 5-foot wide concrete sidewalk on Overland Road abutting the parcel. The sidewalk should be located two feet within the new right-of-way of Overland Road. Coordinate the location of the sidewalk with District staff. "i Construct a 24-foot wide driveway on Overland Road, located approximately 630-feet east of the west property line (between Lots 27 and 28, Block 1, ofInterstate Center Subdivision). Pave the driveway its full width and at least 30-feet beyond the edge of pavement of Overland Road and install pavement tapers with IS-foot radii abutting the existing roadway edge. Provide a recorded cross access easement for the parcels to the east and west to use this parcel for access to the public streets. (i/-::S(.,. Construct a center turn lane on Overland Road between the private road and driveway ~Lg,~ intersections. The turn lane shall be constructed with shadow tapers for both the approach and ~\.(" departure directions. Coordinate,the design ofthe tti'm lane with District staff. Other than the access point specifically approved with this application, direct lot or parcel access to Overland Road is prohibited. IL..~ Standard Requirements: lo! A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requ.irement to be reconsidered .and include a written explanation of why s~h ~ requirement would result in q.s~bstantial ha;dship or ineQuity The written request sh~ll be submitted to the District no later than 9'00 i. m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission,.on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. ... MCU2898.FRlvl Page 4 r I ~ cd H -0 I: 3, r I ~ cd 4. H -a 5. ~ ~ cd H 7. -a I L r 1 ~ cd H -0 [Ii r I ~ cd H -0 c~ 0_- : e; -; I ~;i ~ 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two weeks of the action and shall include a minimum fee of $11 0.00. The request for reconsideration shaJI specifically identify each requirement to be reconsidered ~nd include written documentation of data that was not available to the C..ommission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. ~ 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. The applicant shall submit revised plans fo~'staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. 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. ~; ~ No change in the terms and conditions ofthis approval shall be valid unless they are 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. 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. fI' ~ !: ", 'f! IC MCU2898,FRM Page 5 ,", ~ ... "I @ ~ ~ r~1 (I : 1. c:j ~ ~ (j : c:j ~ ~ I (1 : ro ~ ~ j] ~ 1 : ro H ~ 11 ~ 1 : ro H ~ ~ ~I ~~' t:;~ {l C...onclusion of Law: :':4 ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. ~ Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Date of Commission Action' ,. Steve Arnold " ;;; ~ ~, ii:i "I '"" !. "'" MCU2898,FRM 1< ,." .,!.l Page 6 ; ,;tr':,.,..m RAL DISTRICT HEALTH DEPARriYJENT Environmental Health Division" <> _______~______~____________________ ~-.l y~ r-'m :. rW}~~~hH ~E I: :, DEPARTMENT Rezone # Conditional Use # r~ f41tdi;; ~~ / ~ ,/f~ Preliminary I Final! Short Plat - ~ :.:.:.::;:,.=.~---.~._~_.~I- :.: . .:.. . . Return to: o Boise DEagle o Garden City ~ Meridian o Kuna DACZ P !n :,.. -.... ~- ..:==.;:.v_______________~______~_....________________:...:::.:..:.:..-_:..' I. We have No Objections to this Proposal. 2. We recomm~nd Denial of this Proposal. 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 4. We will require more data concerning soil conditions on this Proposal before we can comment. 5. Before we can comment concerning individual sewage disposal. we will require' more data concerning the depth of: o high seasonal ground water 0 Wllste flow characteristics o or bedrock from original grade 0 other 6. This oJfice will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. 9. ~' 10. o II. o 12. ~ 13. .eg 14. After written approval from appropriate entities are submitted, we can approve this proposal for: .Br central sewage 0 community sewage system 0 community water well o interim sewage i!!I central water o individual sewage 0 individual water The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: o central sewage 0 community sewage system 0 community water o sewage dry lines 0 central water Run-off is not to cr'eate a mosquito br'eeding problem. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan review for any: ~ food establishment ~ swimming pools or spas 0 child care center o beverage establishment 0 grocery store S7c!'rm WIl-rer /J7tll1t<fe/'/lt!11 f ~Hlm ~tklr/Q,$s Date: -.iL11 tf' I r~ ar~ L{TTqeJ,t!~. Reviewed Bf1#i1,/~ ill CDIIlt 1Ill'1 rB; ret. 7n7 Review Sheet 0."" .~ < ,/ :::: .-. ~. To prew!lIt and tri~at disease and disability; to promote healthy lifestyles; and to protect and promote the healtll and quality of oar I!f1VirOTl/Ileflt, . MAIN OFFICE' 707 N, ARMSTRONG PL.' BOISE,!P 83704-D825 . (208) 375-5211 ' FAX 327-8500 '" STORM"V A TER lVIANAGElVIENT RECOlVIMENDA TIONSRECE ~ .~ .'f:.; We recommend that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: iJ3 State Of Idaho Catalog Of Storplwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, Jyly 1997. ... ;: 2) Stormwater Best Management Practices Guidebook. Prepared by City Of Bo~se Public Works Department, January 1997. ' t: Stormwater 3/98:dly ~( l' Ada /Boise County Office 707 N. Armsrong PI. 8615e. 10 83704 En'ltro, Health: 327-7499 Family Planning: 327-7400 Immun\i:oiibnSi 327-7450 Ser\'tcr ~Iulrl'i!on: 327,7460 'NIC:J27-7488 F,Aj(,32 7 ,~5CO 520 E, 8th N, Mountain Home. 10 8;l647 En'liro, Health: 587-9225 Family Healtm 587-4407 WIC: 587-4':09 FAQ:j1557-3521 703 N, 151 Street F?,Q, i'lox 1448 rVk.:<:all, 10, 83638 Ph"p34-7194 F~~3':-2 tild Ada-WIC 1606 Robert's BcifseJo 53705 Ph, 3j'4-3355 F~t 334-33552P {. "':":":";'xxx (".. ,," "~'I ."1-.. -:-: c,: ~&~1~'2)~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 "Permit for Family Water Park located south of 1-84 and west of e north boundary of this proposed project. The Nampa & , -:way of the Tenmile Drain is 100 feet; 50 feet from the " contract drain with the Bureau of Reclamation. Please Bureau's right-of-way on this drain. ..,,, ~~ .J~~ ~.i~7 <11" ::::~ :'\_' C"''''.., "'- ::. : I ~ I.'-:.-.~~-:-: ['..'... , ~ -::. ., ..... ~.. ~&~1~,[)~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 46Q.,0663 ,ermit for Family Water Park - Reed 1. Bowen, Jr. .:.~ -- the north boundary of this project. The Tenmile Drain is a lamation; for the Bureau of Reclamation's right-of-way, ()3. right-of-way on the Tenmile Drain is 100 feet; 50 chments occur, they will have to be approved ~II;"~ 'ill" 4!' O"~:: r., ~\ :.......:: "L; .1. ::" ,. ~'l"!':.~ , .i ; :1 : "1/1__ I~" ~__ ,..' i~ ~. · ~.~Jti~ ,~.'"', "',.,"~~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4~ FAX # 208-463-0092 24 November 1998 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 46~0663 Reed J. Bowen, Jr. Bowden Properties, L.L.C. 4737 N. Nystrom Place Boise, ID 83713 RE: Land Use change Application for Roarinq sprinqs Water Park Dear Mr. Bowen: ~ Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between you and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office or John P. Anderson, the District's Water superintendent, at the District's shop. Sincerely, C;z . . D1R~ore: YrJd1fLL Assistant Secretary/Treasurer cc: File Water superintendent Urban File Winston H. Moore City of Meridian enc. APPROXIMATE IRRIGABlE ACRES RIVER FLOW RIGHTS, 23,OQO BOISE PROJEG RIGHTS, 40.000 ! November 16, 1998 Shari Stiles, City Planner City of Meridian 33 East Idaho Street Boise, Idaho 83642 RE: CUP-100-98; Roaring Springs Water Park Dear Shari: We received a copy of the development application for conditional use review 9f the Roaring Springs Water Park, located at the south of Interstate Highway 84 and\v-est of State Highway 69. The Idaho Transportation Department (ITD) presents the following general recommendatiol1s to development~ th~t, m~y impact the st~te higtlway system.: ~~ :x; :x; -:-: -:-:~ ~~: \; . .... "."::: ....::.xx~ ~( ~: k ~ ~ ~~ ::\. ::>. :'", . ::/ . ":::::::: :::: . 'x: I :~ f: .. .... ',',',', .', ' I .. 'I ,,', "' ", "" II..", ""1) Setbacks-ITD strbhgly recommends structures"not be allY c10serthan 150 feet to the state right-of-way in areas with full control of access. In all other areas, a separation of 100 feet should be maintained. These setbacks are intended to mitigate the impact between facilities. 2) Noise-berms and/or sound walls should be built for all residential developments that directly abut the state transportation system. This recommendation will create not'only a visual enhancement but also serve as a noi~e barrier for the development. For taller structures such as hotels/motels and apartment complexes, the exterior walls facing the state highway should contain sound attenuating materials. '.. ~ "l .. .. .... :":-:- :-:- ~ :-:- ..:fII :( ~ ~ ~~ 3) Additional approaches-any approach requests onto the state highway . , .. system must go through ITP's.permit proce~s, a~d is nQt apR[ove.'iby thi~"'J l' 1::::: letter: ;-;;:. .~. ..~:x:'::;. i.":;:; /: l ::/ "t.~' :..:.:.t'~^z"" :::: :.:~..iI: :::: ::".,;.. ;:f :::: :~r :xi..;:: :..=j:{.:~... ~);. ~. .":I:.:.:~:-: :~ .~v.. ~~ ~!,"i ~..~~~ ~~::::!~::P:t ~\: ~~ ~~ ~~ ~:~ ..:." ~;ffi>/{~.TI.<>.~1 ~~~ ~/( >~)~:Y!.~f1"(~.:::#i~;.:f; ~~.?f.~ ~f} , I" ~ ~ ~ 4) Sight Distance-clear sight distance should be maintained when constructing landscaping. ...-j -:-: ,{, .~ xx:: ...;;.~ ~:.;.':i::'::':. - An Equal Opportunity ('-'" ;" ': .~ " ) :..<...~~j 'c"'" . ~ ' . .. "",A' 'I 5) No signage may project onto or over the highway right-of-way. All signage proposed adjacent to or fronting the highway should be forwarded to ITD for review and comment. These recommendations shall not be construed as authorization to perform any type of work within state right-of-way. Contact Mr. Nick Brizzi at 208-334-8341 for permit requirements.. If you have any questions, please feel free to contact the Idaho Transportation Department at 334-8300, IIII} '>":1-:; ~ ~ C\j H Y ~ ~ C\j H ~ "-...J +-J ~ ro H ',,,s.) .. J +-J" C-H '.'. cd' H ~ ..1,1: Cd" C-- :,. F -. ,. ~ .. -...:..~ '," J :'<) .. . .. ... - .. . .. . .. ADA COUNTY HIGHWAY DIStRICT .' Planning and Development Division .'.' Development Application Report ' ~, . y ... l . .. ......' . Overland RoadH>ll ::<-~~: _. ...:4: . ,em ::~ The applicant is requesting conditional use approval for a family water park. The 14.93:acre site is located on the north side of Overland go~d, approximc'itely 60p-feet west ofM~riai~m Road. ' This development is estimated to generate 3,000 addjtional vehicle trips (3,000 total) per day based on the Institute ofTral1sportation Engineers Trip Generation manual. MCU-28-98 :~::: Family Water Park ~ ,~~~~ / m W : IIOi. ~ 'I, Roads impacted by this development: rDverIfnd Road o , 1"" .. .. . ' , ...,k !l... ACHD Comrnission Date - December 2, 1998 - 7:00 p.m. .'.' :14.... . ^^ .... "' <XL... "..,:-:-:-: .:.. 1;* .. ""X, 'I '-'6: '" f" 'l~~!: ! .:'" f: '1.-; ,,1 '" r .... ,..r ""'\i .. ""';!I; I 1i~1. :::: ~.~~ ::if, 14 ~ m r ,~.. N 1< : b. : ~i "$: ~ ~: ..:;~//$:::: " ,', :?r I . ~ K ~.' ~ I 1io....' t ~ -- , , tU..:>lUIH:UIY ~ _ _ _ .~~'lU., r f l,~ , I ..J - , I I !: r -- ~ ~ ~~, 1 IIr: ~ ~. I .;1 ~ ~ !~ w ~! ~ a.... !9 f ~ <(:f 1= !l ~~~ j~ I , I , I I" ': : Ii " ,/ , I " , I:., '''1' '" ., ~ !'i i ! i ~ l ! I,~ i I ~ Q ! ; ! 1 c . 5 i J ! '- '" ; . ii 7 I Facts and Findings: r I ~ A. ro H '""'d ;; '~ ~ r I ~ ro H '""'d r I ~ ro H B. '""'d .r i ~ ro H D. '""'d E. r I ,! cd H '""'d 0,,' , A ~l~1 General Information ". Owner - Winston H. Moore Applicant - Reed J. Bowen Jr. CG - Existing zoning 14.93 - Acres ,_ II 15,293...Square feet of proposed building 288 - Traffic Analysis Zone (T AZ) W~stern Cities- Impact Fee Benefit Zone West Ada- Impact Fe&.Assessment District Overland Road Minor Arterial with bike lane designatiqp Traffic~ount 3,890 on 9-14-95 8P5 -feet of frontage . ;' 65-feet existing right-of-w~y (45-feet froffilcenterline) 96-feet required righkof-way (48-feet from centerline) II iii Overland Road is improved with 2 lanes of pavement with no curb, gutter or sid~walk. ~"; .. On November 29, 1995, the Commission.reviewed and approved Interst~te Center Subdivision, a 26-10t commerc~l subdivision on 39.06-acres. That site was estimateq to generate 7,800 additional vehicle trips per day if developed as a business park of commercial use. A traffic I I I study was submitted for that application. The current application covers approximately 60% of the original subdivision. "~; C. . . Utility street cuts in 'new pavement less than five years old are not al~wed unless appr~ved in writing by the District. Contact Construction Services at 387-6280 twith file numbersjfor details, .. State Highway 1-84 is under the jurisdiction ofIdano Transportation Department (ITD). Application m~!erials should be sub~itted to ITD for reviiw ~nq req~irements oQhat Department and the applicant _should submit to the District a letter from ITD regardinillg said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. The applicant :na/~~tact District III Traffi~ Engineer Walter Burnside at 334-8340. ~ . '. . I X The preliminary plat indicates that an i;;'igation ditch borders the sit~to the south. The applicant is proposing to relocate the irrigation ditch out of the future righ~-of-way of Overland Road. .. l;', i'i, "" . '" .; .. MCU2898.FRM Page 2 :1':.-:.i :~ (j ~ ro H ~3. 4. (j ~ 5. ro H ~ 6. (j ~ 7. ro H ~8. 11 ~ (j ~ ro HI. ~ (j ~ ro H ~ ~ o 9 tii . . 2. Utility street cuts in new pavement less tlu~n five years old are not allowed unless at>proved in writing by th~ District. Contact Construction Services at 387-6280 (with fil~ numbers) for details. · x Comply with requirements of ITJ> for State Highway 1-84 frontage. Submit to the District a letter from ITD regarding said.requir-ements prior to District approval of the final plat or issuance ofa building permit (or other required permits),~hichever occurs first..Coy~hct :1 District III Traffic Engineer Walter INrnside at 334-8340. . :;; II . r.:'l ;' ~ .. Relocate the irrigation ditch out of the future riglTt-of-way of Overland Road. ~ Construct a 5-foot wide concrete sidewalk on Overland Road abutting the parcel. The sidewalk should be located two feet within the new right-of-way of Oy.,erland Road. Coordinate the location of the sidewalk. with District staff. II ._ .. Construct a 24-foot wide.driveway on Overland Road, located approximately 630-feet east of the west property line (between Lots 27 and 28, Block 1, ofInterstate Center Subdivision). . . II .:: Pave the driveway its full width and at least 30-feet beyond the edge of pavement of Overland . Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. . . __ IJ- . :'1 'I PrOVIde a recorded &oss access easement for the parcels to the east and west to use this parcel .. ' for access to the public streets. ;J~')V' ~ '. ~'t' C8ns~ct a center turn lane on Overland Road between the private road and driveway ~() Q,; inter5iYt~ns. The turn lane shall be constructed with shadow tapers for both the approach and 'f.j-t" departure directions. Coordinate the design ofthe turn lane witli District staff. Other than the access point specifically approved with this application, direct lot or parcel . . "'... II access to,.Qverland Road is prohibited. .~. _,I _ Standard ~eHuirements: . ... I _4 .. <:: _ :111 '.. . .- A request for modification, variance or waiver of any requi~ement otpolicy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identif;r each requirement to be reconsidered and include a written explq.n(,j,tion of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9'00 i m. on the day schedyled for ACHD Commission ..~tion. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. · . ;.0; Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for Distiict staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. . MCU2898.FRM Page 4 i:\ (. " ~d J ~ ="" f " Gonclusion of Law: . (1 ~ l. ro H '"""d :""...1 ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: D~te of Commission Action: (j ~ ro H '"""d Steve Arnold ;' I (I ~ ~:.: ro eM' H ~ '"""d t, . ~ ,. I :' [I ;:. r 1 ~ ro H '"""d i': I r 1 ~ ro H '"""d to 1:....)1 ,. :;; MCU2898.FIUvl Page 6 1Il ;, l3!1 It ~ "' ito.. ~ o o NON-DEVELOPMENT AGREEMENT Date: March 6, 1997 'Ii AGREEMENT. Winston H. Moore and Diane L. Moore))(husband and wife, "Developer"} owns the Property described on Exhibit A hereto, and desires to subdivide the Property for non- residential purposes in accord with the applicable subdivision ordinance, and to defer construction of infrastructure and public facilities required as conditions of approval of the final plat of the Property {"Subdivision Improvements"} by the City of Meridian, an Idaho municipality {"City"}, such deferral to be for the purpose of determining market acceptance of the project in its preliminary stage, and the mix of uses and style of development {within the range allowed by the Property zoning} preferred by such market. In connection with such deferral, and as a condition to the City's approval of the final plat of the Property, the City and Developer agree to the following provisions and restrictions. ~I NO DEVELOPMENT. No construction of Subdivision Improvements within all or any part of the subdivision shall be undertaken without the prior written consent in each instance by the City, based upon plans submitted to the City detailing the extent, nature, and estimated cost and construction time thereof. Any such construction shall be in accord with the original conditions of subdivision approval and the standard construction requirements of the City in effect at that time, and may at the City's option be subject to Developer providing an irrevocable letter of credit or cash surety agreement in an amount sufficient to ensure the proper completion of such improvements. ~,~ inS on. ore ~X Diane L. Moore NO SALE. Developer shall not during the term of this Agreement sell any part of the Property without the prior written consent in each instance by the City, which consent shall be predicated upon completion of the.. Subdivision Improvements serving that part of the Property in accord with the original conditions of subdivision approval and the standard construction requirements of the City in effect at that time. This Agreement may be recorded in Ada County as notice to prospective purchasers of this restriction, TERMINA TION. If construction of the Subdivision Improvements has not been started within two year~ from the date the final plat of the Property is recorded, and is not complete within three years of such recording date, then the City's original approval of the final plat shall be deemed revoked as to that part of the Property for which Subdivision Improvements are not then complete in accord with the original conditions of subdivision approval and the standard construction requirements of the City in effect at that time, and the City may then record notice of such revocation in the records of Ada County. This Agreement shall terminate, unless ext~1tded by mutual written agreement, upon the earlier of (a) completion of the Subdivision Improvements, (b) two years after recording of the final plat if the Subdivision Improvements have not then been started, or {c} three years after recording of the final plat. . BINDING EFFECT. The provisions hereof shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. CITY OF MERIDIAN 970 Y Y 0 7 h..,- .~, --- B !.tr.~ ~'" ~-!1i:;"",.ID ", ;:: D Wi "~'~~~~~'.J~.I~ , - ~ "-'>l""fJ,,ij l\'r'h J. U '~4 ~~/~,iJ a".' ~~" ;;; l' ~~~ '97 JU:1 5 PPl 8 F~E_I&.., HEr~~)j;" ~~ ~ {!i --.,,~ "'~~ .. ;.; !l; &, 1'1 0 CJ ~ State of Idaho ) ) ss. County of Ada ) On this 30 day of ~7iir ' 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared Inston H, Moore, known or Identified to me to be the same person described in and who executed the within instrument, and he duly acknowledged to me that he executed the same as principal, and additionally that he separately executed the name of Diane L Moore as principal and his own name as her attorney in fact .~ ~..''tU::Uf,h}, ~"" II. ..,. __l~. ~... -'"'~\ ' .;.....,~Itf:L~:_..~#.. ~ ....... .,..-...- ~'"'{} ~ $' "V .t:" , .''''. r.'\.~ ~.. ,.... ~ € l ~OTAl?r \, ! :*- ~ I : : :: !.*i .. l'II-!'p (,- I!l State of Idaho) ; '~ UBI\., \. ..~ i ~ ~ ~ ~ ~ ) ss. ~ ~,~~.~~a ~ County of Ada) ~..,~ l'S OF \"0 ~ .....$ , ,~~ On this '30 ~ay of #;t:{~i"" ,1997, before me, the undersigned, a Notary Public in and for said State, personally appeared R ert D. Corne and William G. Berg, Jr., known or Identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, an Idaho municipality, and they duly acknowledged to me that they executed the within instrum~nt on behalf of said municipality and that said municipality executed the same. ~ ...~- -..:. ~.....-.,'1~~ i&:'" """....",,', "~;.:;;. ,,' E. l 'I, . . .....' ,C . G",,", ......~ ~ ,...".-...;: IS',}. t'>(",01ARy\ \ : 1'1 '\. :: ::.~^ vI,": 7.'*\""US\" .: : -:;""..r~~~.../ "',,4'f af ~~......." 11111"..,.1""\ ... ~';non( Notary Public for Idaho ~ ' Residing at ~ (I n Comm Expires - ;t - 1-G~ ;~ i~ '. . " (.) to,J ~ r/F\ \'W.:~ ,. i(~ t. '" DESCRIPTION OF INTERSTATE CENTER :i1.!Il October 11, 1996 A portion of the SE 1/4 of Section 13, Township 3 North, Range 1 West of the Boise Meridian, Meridian. Ada County, Idaho, being more particularty described as follows: ~ ~ Commencing at a found brass cap at the southeast corner of Section 13. T.3N., R.1W., 8.M., thence N 89046'23" W 412.04 feet along the south line of said Section 13 to the southwest comer of Mr. Sandman Subdivision No.2; thence N 01002'27" E 45.00 feet to the southwest comer of Lot 6, Block 1, Mr. Sandman Subdivision No.2, the Initial Point of this subdivision; Thence S 01002'27'" W 45.00 feet to a point on said section line: Thence N 89046'23" W 1696.9:9 feet along said section Ijne to a point Thence N 00031'11" E 19.24. feet to a point ?: ~ ;,; Thence N 01003'11" E 340.95 feet to a point ,&, Thence N 00.13'37" W 229.32 feet to a point; ~ ,~ Thence N 00038'59" E 228.87 feet to a point Thence N 01.19'50" W 21.81 feet to a point Thence N 00031'11" E 292.20 feet to a point on the southeriY-':right-of-way of Interstate 84; ~ Thence S 89-33'35" E 385.48 feet along said right-of-way to a point; '" Thence S 85044'44" E 459.84 f~t along said right of way to a point, Thence S 46046'12" E 34.20 feet to a point iii f, Thence S 67045'31" E 350.76 feet to a point Thence S 60-10'33" E 194.73 feet to a point Thence N 45033'43" E 17.75 feet to a point on the southerly right of way of Interstate 84; ~ Thence 5 46028'17" E 134.62 feet along satd right of way to a point of curvature; 950615\legaJ.des ,(li Ex-aIBI'I' A 4; !ol ~, !: ~ '~~I ~.. ~ o '" ',r:! Thence along said right-of-way to a curve to the left 256.12 feet, said curve having a radius of 431.97 feet, a central angle of 33.58'15", tangents of 131.95 feet and a chord of 252.38 feet which bears S 63027'24" E to the northwest comer of Mr. Sandman Subdivision; iii Thence S 01.02'27' W 610.94 feet to the Initial Point of this subdivision. ~ Said parcel contains 39.08 acres, mare or less, :"" ". Michael E. Marks, No. 4998 " ai: '. "l r!. 51, (. 1$1). :;t ,~ '" Ib J: ~' ~ "?. ;.;;\1 ir..'~ " ~ ~ iP.:-: :~ ~~ ~~ " . 950615\1egal.des ~,I ~~~ r '4: . ~ c ~ _ .. ~ : 2~'- -- ') o ,..... 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' I('.)i.d ~' · " ~ :.;.::.:,,~, '::"&i' J~,~"" ~ . ~" "' '" ~' -" -,,,,112!!-,~" '.'!< 0\. ,,_'" "". At., t3:.~ ~~.~~{.IAA' r". c\ J1I. r ....-:.. --~'11 :;'~T ' '1',"" ;-.; ~FI ~I d ~ " ." ... ~ '97" 5 j l.~~~ ~J :==::-,!.t~~~~" -- -- DEVELOPMENT A1GREEMENT ~'L':')l''L~~'l fiYl~ 1i:"-\-6k,i1i,~ " ' ~~'~~ tll. ~ Q -y TmS AGREEMENT, made and entered into this 30 day of 1?1~ ,1997, by and between the CITY OF MERIDIAN, a municipal cOIl'oration of the State of Idaho, party of the fIrst part, hereinafter called the "CITY., and Winston H. Moore and Diane. b. ~oore, husband and wife, parties of the second part, hereinafter called the "DEVELOPER", whose address is.g. Q. ~oXc~, he, Idilw 83707-2204. ,. WITNESSETH: ...~~ " WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit" A. (Property), which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, DEVELOPER is defined as Winston H. Moore and Diane L. Moore and/or their successors, heirs, assigns. iii " WHEREAS, the State of Idaho legislature, in 1991, passed IQjho Cooe, 67-6511A, Develdl>ment Agreements, which provides that cities may enter into development agreements with developers upon rezoning and annexation of land; and i\( WHEREAS, the CITY has passed two <ievelopment agreement ordinances, one when land is rezoned, 11-2-416 L, and 01le wilen land is annexed, when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER submitted and the CITY has approved an annehtion and rezone to General Commercial (C-G) of the Property, and has submitted a subdivision fmal plat for said Property; and . . WHEREAS, the DEVELOPER has made representations at the public hearings before the Meridian Planning and Zoning Commission and the Meridian City Council as to how the Property would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and INTERSTATE CENTER DEVELOPMENT AGREEMENT 2/18/97 Page 1 ,A # , ~ V ~ o Oi ~ WHEREAS, the CITY, in the Findings of Fact and Conclusions' of Law, annexed the Property subject to de-anneXation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: .;r; DEVELOPER agrees, and hereby binds his, its or their heirs, successors and assigns to this agreement, as a condition of the annexation of the area, as follows: 1. ~'ri That the above recitals are contractual and binding and are incorporated herein as if set forth in full, and the terms of this agreement cannot be altered, changed or modified without the eJlPress written consent of the OTY. " 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in E~bit "A": a. Submit to the OTY an application for conditional use, and obtain the CITY's ~pproval thereof, prior to, and as a condition of, the commencement of construction of any building(s) or improvements by DEVELOPER or use by DEVELOPER of any lot on the Property. i( b. Submit a final subdivision plat application of the Property to the CITY to be approved by the CITY and recorded in the Ada County Recorder's office prior to any development, except for the proposed Lot 5 of Blotk 1 of the plat for Interstate Center as discussed in Item 3. 'I . Select Development has submitted an application for a Conditional Use Permit to develop a family entertainment center on Lot 5 of Block 1. The CITY has agreed that recor~tion of the final plat will no~ be a ~ondition to ~~roving the conditional ~ use permIt for the developmen. . CondItIons of approval for the<:JJl\ conditional use permit are further described in Exhibit ~", which is attached ~ hereto and by reference incorporated herein, and outlined in the Findings of Fac~ and Conclusions of Law for that particular Conditional Use Permit. That DEVELOPER will file with the City Engineer, a complete set 0 ~ Improvement Plans ("Improvement Plansn) showing all internal streets, all utilities and required transitional paving in Overland Road, entry drives entering the' property from a public or private right-of-way, sidewalks, curbs, gutters, pressurized irrigation facilities, pumping stations, piping of irrigation ditches, fire hydrants, sewer and water lines and appurtenances (including extensions along the e:t.terior boundary of Property), electrical, gas and telephone lines, landscaping, The Select Development project, but no occupancy permit shall be issued for that project until final plat has been recorded. 2/18/97 INTERSTATE CENTER DEVELOPMENT AGREEMENT Page 2 3. 4. (ii ~ I\' . ')0 ~t' '~"" I '" drainage, street and other signage, barricades, and other such improvements contemplated within the development, which Improvement Plans, and all impl'ovements shown thereon, shall meet the approval of the City Engineer. Said Improvement Plans shall be and are incorporated herein and made a part hereof by reference, and are referred to herein as the Subdivision Improvements. It is agreed that the improvements to be constructed and installed by successor owners which are located wholly within the boundaries of the lots (hereafter "On- Site Improvements ") sun be subject to approval by the CITY in the normal course of the CITY's issuance of a conditional use permit and building permit for the construction of a building on such separate lot, with the CIty's remedy for the failure to construct or install such On-Site Improvements being as provided in the Ordinances of the CITY or the denial of a Certificate of Qccupancy with respect to the building constructed on said lot. The failure of the owner of a lot within the ""property to construct or install the On-Site Improvements on said lot shall not affect or interfere with the issuance of a building permit or a Certificate of Occupancy with respect to any other lot within the property, provided the owner thereof is in compliance with the terms and conditions of the approvals granted for that lot by the CITY and/or the p1ans approved by the CITY for the building constructed thereon. , That DEVELOPER will, at his or their own expense, construct and install all Subdivision Improvements, as well as any and all other improvements as reviewed and approved by the CITY. CITY has approved construction of the Subdivision Improvements in phases, the first of which are those improvements necessary to serve Lots 1-5, 22 and 23, Block 1. DEVELOPER agrees that DO Certificates of Occupancy will be issued for any building or use on a lot in a phase until all Subdivision Improvements have been installed, completed and accepted by the CITY for that phase. L That DEVELOPER will construct 8JKi install all Subdivision Improvements in strict .~ accordance with a filed and approved plat and Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished. ~ That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and what improvements he intends to complete and the time schedule therefor; and agrees to make such modifications aJld/or construct any temporary facilities necessitated by s~ch phased construction work as shall be required and approved by the City Engineer. "J 2/18/97 Page 3 INTERST ATE CENTER DEVELOPMENT AGREEMENT II '!ii ~~ ,10 ~t~'~:\j ~,,~ ~ 8. That DEVELOPER will have "corrected" original drawings of the Improvement Plans prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Improvement Plans of the proposed improvements shall be "corrected. to show the actual constructed location (both horizontally and vertically) of the various streets, water and sewer lines, all utility lines, piped irrigation ditches, and pressurized irrigation lines and their individual building service lines, sidewalk, curb and gutter alignment and grades, etc. The "corrected- Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct. I') ,", 9. That DEVELOPER shall, immediately upon the completion of phase(s) of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements or portion thereof. <:: 10. That DEVELOPER agrees, upon a Finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will, within a reasoBable time as determined by the CITY, construc!' said aeeded improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, the DEVELOPER will pay to the CITY the actual costs paid or incurred by the CITY for such improvements so constructed by the CITY, plus interest thereon at an annual interest rate equal to the prime interest rate of First Security Bank of Idaho plus. five percfPllt (5.0%) until paid, said payment to be made in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the Finding set forth in this paragraph except at a regular or special meeting of the City Council, duly held, and unless t:J:te DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by caunsel, and to be heard on the merit of the proposed Finding. . 11. Taat DEVELOPER agrees that upon its having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with within any phase of the Subdivision Improvements, that the CITY shan have the right to withhold the issuance of any Certificates of Occupancy within that phase and/or shall have the right to withhold the providing of culinary water service to any parcel within such phase until such time as an requirements t; INTERSTATE CENTER DEVELOPMENT AGREEMENT ;t: 2/18/97 Page 4 .:OE ~ li () c~ :t) specified herein have been complied with; provided, however, the DEVELOPER shall have tl!e right to appear before the City Council at ally regular meeting after ill any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said parcel allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity, including, .out not limited to, the right of appeal to a court of competent jurisdiction. 12. That DEVELOPER agrees that as security for the construction by the DEVELOPER of the Subdivision Improvements, the CITY shall require from the DEVELOPER irrevocable letter(s) of credit, cash deposit(s), certified check(s), or negotiable bond(s) as allowed under Section 11-9-606 C of the Revised and Compiled Ordinances of the City of Meridian, and the CITY shall have the right to withhold a building permit with respect to any lot within the Property until the same is provided by the DEVELOPER. Said improvements shall include, but not be limited to, sewer, water, curb, gutter and sidewalks, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. 13. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter ftnce around building construction areas to contain debris prior to any construction, exce.- where roadways and streets for access are located and except where the CITY has agreed in writing that such fencipg is not necessary. " . it; 14. That DEVELOPER agrees that those portions of the water main or sanitary sewer lines, as identified in the Improvement Plans, requiring increased line size or capacity because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development, will be constructed_ by the DEVELOPER. In recognition of the cost savings which can be accomplished by construction of such eJlcess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's entering into a late comers agreement to reimburse DEVELOPER for any such etcess capacity. DEVELOPER agrees to ohtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids sh~l~ be solicited and 2/18/97 Page 5 .' INTERST ATE CENTER DEVELOPMENT AGREEMENT ''- ill C(<) ~ 0; () , -- "" .~ '" itemized in a manner which allows clear and specific identification of that portion of the construction work representing excess capacity. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay fdt such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 15. That DEVELOPER agrees that any notice required by this Agreement shall be deemed delivered if and when personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY of Meridian: City Engineer City of Meridian 33 East Idaho Meridian, ID 83642 DEVELOPER: l'.r.: WiQstQll.Jj! W)d Uiage.L. ,Moore P. O. ~0~~04 :ijc;)i~, Idabo B3707,2204 with copy to: Wayne G. Crookston, Jr. Ambrose, Fitzgerald & Crookston P. O. Box 427 Meridian, ID 83680 l1l A party shall have the right to change its address by delivering to the other party a written notification thereof. The parties may at",any time hereafter modify. or amend this Agreement by a subsequent written agreement executed by the parties. This Agreement shall not, however, be changed orally, nor shall it be deemed modified in any way by the act of any of the parties hereto. Nothing herein is intended, nor shall it be construed, as obligating a party to agree to any modification to this Agreement. "=" 16. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 17. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. ~ 18. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. ~ INTERSTATE CENTER DEVELOPMENT AGREEMENT 2/18/97 Page 6 ~ ~ . D C- .' , " I " :J ~ 19. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the Property shall be subject to de-annexation if the owner or his assians, heirs, or successors shall not meet the conditions contained in the Findin8s of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian, and the Comprehensive Plan of the City of Meridian which was approved and adopted on January 4, 1994, DATED the date, month and year first appearing. DEVELOPER: By ~ . By ~ ~- ~.J/ Diane L. Moore CITY OF MERIDIAN: ~ (t ..: ,~ ~~j ;=j ~o( :-:1 I:=! " "' '" INTERSTATE CENTER DEVELOPMENT AGREEMENT 2/18/1997 Page 7 10: '" 0; CJ ;[) STATE OF IDAHO ) ss. County of Ada) On this '3 () day of J/?/Lt , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeare: inston H. Moore and Diane L. Moore, husband and wife, known, or proved to me, to be the persons described in and who executed the foreaoing instrument , and acknowledged to me that they executed the same. .' IN WITNESS WHEREQF, I have hereunto set my hand and affixed my official seal, the day and year in ~~~;~" ~t above written. ~OlQ-cJ:<o~<' ,-r. _'~ "." \......-..- II'L~ ~ ... -_..~-, - - "..-~, A, ~ ~ ",' v - ., -""..,"" 'fll f ...... .,.;}.o T A ,-... ,oj;~ ~ :t': " ' /1/ f\ ,'} ... .. \.~ ....~ ~ \ ~ u {/ ~ ~ *; -~.,~ .. $ ~ "- PUB' \(, J - ! ... ,n ~ L-' ~ ... (SEAL) '\ v;, 30) ~ () $ ~ <1 .,.,0,.."'....<+ ~c. ...... "'~,1:: .0 F \,0 j.....;... ;0; "''''"I,a~ _._;.~ Notary Public for Idah<} I If Residing at: ~ Ot<.-(2U\ My Commission Expires: /,?- -/;2 -;;)R79 () STATE OF IDAHO ) ss. .,County of Ada) On this ~7 day of >>1~ , 1997, before me, the undersigned, a Notary Public in and~or said State, persona~obert D. Corrie and William G. Berg, Jr., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said City, and acknowledged to me that said City of Meridian 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. .:.'" (SEAL) ~"~'~I~.ff """"'''''''' .HI'; ,,\ C E. l. 0"" ....\~ \ .....~ "" ,....~ II! ' U'cJ'~ ["")":t.01A~,.. '\ ~~l,()u ,c, J*~ :.~~ B:AO : ~ - .. ~ ~"" ~~. ,~,~~ ~~~" ',-:-/f At ~'" ,'"' -"4 v. \\' "I""..",,' ~ Not P lic for Idaho Resdin ,at: 1J.J'Y/'/,,'I!,',....... My mmission Expires: l'r/1IQ /9'1 / ,", ~ INTERSTATE CENTER DEVELOPMENT AGREEMENT 2/18/1997 Page 8 '11 Iii . "" ':>l) ~ VI o !l )~ ill !ll DESCRIPTION OF INTERSTATE CENTER ~ r::: October 11. 1996 . A portion of the SE 1/4 of Section 13, Township 3 North, Range 1 West of the Boise Meridian, Meridian. Ada County. Idaho, being more particularly described as follows: Commencing at a found brass cap at the southea~t corner of Section 13. T.3N., R.1W., S.M., thence N 89046'23" W 412.04 feet along the south line of said Section 13 to the southwest corner of Mr. Sandman Subdivision No.2; thence N 01002'27" E 45.00 feet to the southwest corner of Lot 6, Slock 1, Mr. Sandman Subdivision No.2, the Initial Point of this subdivision; >; " ~ Thence S 01002'27" W 45.00 feet to a point on said section line; Thence N 89046'23" W 1696.99 feet along said section line to a point; :'l "' Thence N 00031'11" E 19.24 feet to a point; Thence N 01003'11" E 340.95 feet to a point; O! Thence N 00013'37" W 229.32 feet to a point; ThencelN 00038'59" E 228.87 feet to a point; Thence' N 01.19'50" W 21.81 feet to a point: Thence N 00031'11" E 292.20 feet to a point on the southerly right-of-way of Interstate 84; Thence S 89033'35" E 385.48 feet along said right-of-way to a point; Thence S 85044'44" E 459.84 feet along said right of way to a point Thence S 46046'12" E 34.20 feet to a point; ill Thence S 67045'31" E 350.76 feet to a point; Thence S 60010'33" E 194.73 feet to a point; Thence N 45033'43" E 17.75 feet to a point on the southerly right of way of Interstate 84; " l< Thence S 46028'17" E 134.62 feet along said right of way to a point of curvature; It 950615\1egal.des EXHIBIT A s iiI ~ ~ v o ~j .' Thence along said right-of-way to a curve to the left 256.12 feet. said curve having a radius of431.97 feet, a central angl~ of 33058'15", tangents of 131,95 feet and a chord of 252.38 feet which bears S 63027'24" E to the northwest corner of Mr. Sandman Subdivision; Thence S 01002'27" W 61 0.94 feet to the Initial Point of this subdivision. Said parcel contains 39.08 acres, more or less, , Michael E. Marks, No. 4998 '" ~ ~ ~ ~ -=---= ------ - ~..;: =- ~ __ ._~.,.._ _.... T......~..........~ -----.........--- I. ,,& J:(Ij, ~ i~ 950615\1egal.des = ''- ~ '~ D''>, _0 , , , o I: EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE ", CITY OF MERIDIAN, IDAHO AND W-lrlSTQ~ J:I. .4l"lU UIAtf6~. ~OOlW L, DEVELOPER shall develop the property described in EKhibit · A" (Pro~rty) as a Planned Commercial Development pursuant to ~ 11-9-fff1 of the Meridian Zoning and Development Ordinance. ,", ~ DEVELOPER acknowledges and agrees that it will be required to submit to the CITY an apt>lication for CollditioQal Use Pennit pursuant to ~11-2-418 of the Meridian Zoning and Development Ordinance, and obtain the CITY's approval thereof, prior to, and as a co!Xlition of, the commencement of construction of any buildings or improvements on the Property allowed within the C-G Zone, it being acknowledged that DEVELOPER has submitted an application for a Conditional Use Permit for the Family Entertainment Center, which application has been approyed in accordance with the Findings of Fact and Conclusions of Law and subject to the eJecution of this Development Agreement. L DEVELOPER agrees to comply with the requirements of the Meridian Police Department, Meridian Fire Department, Meridian City Engineer, Meridian Planning Director, Ada County Highway District (hereafter" ACHD"), Central District Health Department and the Nampa-Meridian Irrigation District. ~ DEVELOPER covenants and agrees that, in connection with the development of the Property as may be approved by the CITY, DEVELOPER shall, at its cost and expense, do and perform the following: i?, "'" ,. ,;;: a. T ~iI,~Itl--_A~ Construct a landscape strip within the Property along the full length of the ProJ'erty adjacent to the north right-of-way line of Overland Road ("Overland Road Landscaping"), except for driveway accesses. The Overland Road Landscaping shall be a minimum of thirty-five feet (35') in width 1)eyond required ACHD right-of-way, including any necessary bike lanes. The Overland Road Landscaping will be landscaped and sprinkler irrigated, by means of pressurized irrigation, in accordance with landscape plans to be submitted by DEVELOPER and approved by the CITY and Nampa-Meridian Irrigation District.P ~ . EXHIBIT lOB" INTERSTATE CENTER DEVELOPMENT AGREEMENT 2/18/97 Page 1 of 4 ~ ~i ~ :~ ..FII t:-€~ ~ .~gscapjDi - ,Interstate 84. Construct landscaping within the Property (Lot 6) adjacent to tbe south right-of-way line of Interstate 84 (1-84 Landscaping). The 1- 84 Landscaping shall be a minimum of twenty feet (20') in width beyond the required ITD right-of-way. The 1-84 Landscaping will be landscaped and.pressure- sprinkler-irrigated in accordance with the landscape plan to be submitted by DEVELOPER and approved by the City and shall be constructed and installed prior to the opening for business of any uses on the Property. ~ . Curb, Gutter ~W ~Wew~ - Ove.~Javq ~~iJ. Prior to obtaining a building permit for the initial building on the Property, deposit funds with or provide a letter of credit to the Ada County Highway District for construction of a five-foot (5') concrete sidewalk and match paving in the public right-of-way of Overland Road along the full length of the PrtJperty adjacent to the south boundary of the PrOIterty (""Overland Road CG&S"). The Overland Road Sidewalk shall be constructed in accordance with the standards and specifications of the ACHD in effect at the time of construction. ("-l It CQrb, G~ and Sidewalk - Private Roadway. At the time of the construction of the initi8I building constructed on the Property, construct curb, gutter, five-foot (5') wide concrete si*walk and match pavmg along both sides of the private road easement within the phase being constructed. The Private Roadway CG&S shall be constructed in accordance with the standards and specifications of ACHD in effect at the tithe of construction, or as Qtherwise approved by the Meridian Public W orles Department for a private roadway. B\.; De~ic,tion/~I!e of 1\Pdition~ ~.i~bt-of-wjl,)' - Overland RQiJd. Dedicate or sell land adjacent to the existing north right-of-way line of Overland Road required to meet ACHD's requirement for a forty-five-foot (45') right-of-way from the centerline of Overland Road, including any necesswY bike lanes. ...i J .~euLbU~ur.ut of t:lluooces. Design/align the entrances from Overland Road to minimize to the extent pessible the impacts of automobiles entering and exiting the Property, ~r the approval of ACHD. \\l g. ~p Road. Construct the loop road through the Property as shown on the [mal plat at the time of development of the Property. The loop road shall be in the location and of the dimensions shown on the approved plat, and that portion of the loop road within the phase of the subdivision being constructed shall be paved prior to obtaining a Certificate of Occupancy. EXHIBIT "B" INTERSTATE CENTER DEVELOPMENT AGREEMENT 2/18/97 I: Page 2 of 4 ;;: it ~r..' i;:i; 'r. ~' ~J: 01 'I :11 ~ :l! JI~ Subdi~j~jp!!. Pl~(S). DEVELOPER shall timely prepare, submit, and obtain the required awroval by the CITY of a subdivision plat for the Property, said plat to be in conformity with the requirements of the Ordinances of the City of Meridian and State Code. ':.....' , TJ.lffic StJJdy(s). Provide to the CITY and ACHD a traffic impact study prepared by a recognized traffic engineer at the time the Conditional Use Permit is filed by DEVELOPER, if such is required by ACHD or CITY for the development anticipated. ~ COWJ,lliance with ACHD Conditions ot Approval. In the development of the Property, comply with the terms and conditions of the ACHD Staff Report, or as lI\ilY be required by ACHD in approving Conditional Use Applications to be filed by DEVELOPER. In cases where ACHD's and the CITY's conditions of approval conflict, the conditions which are more restrictive shall take precedence. ilL ()ulal~, Ditches 9 Wf<<!W~s. Tile all canals, ditches and oth~r waterways and submit evidence of appropriate approvals from the irrigation district and/or downstream \vater users. The Kennedy Lateral shall be relocated outside of the future ACHD right-of-way on Overland Road in accordance with plans approved by the Nampa-Meridian Irrigation District and the CITY. DEVELOPER shall submit executed license agreement from the Nampa-Meridian Irrigation District prior to obtaining building permits. Ten Mile Creek is excluded from the tiling requirement. L, W~ter and Sewer Service. Connect all water and sewer facilities within the Property to the municipal water and sewer service of the City of Meridian. All water and sewer facilities constructed or installed by DEVELOPER on the Property shall be in accordance with plans and specifications therefor which shall be first ~ approved by the CITY. m. L~hting. All lighting will be designed in accordance with Meridian Ordinance Section 2-414.D.3 and approved by the Meridian City Engineer. No glare or illumination of adjacent properties, as determined by the CITY, Will be permitted, including impacts to Overland Road and 1-84. n. .~~e. All signage within the Property shalllJe in accordance with the Uniform Sign Code and the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning & Zoning Department. A-frame signs shall not be permitted. Signcpermits must be obtained from the Building Department for all signage. II 2/18/97 Page 3 of 4 EXHIBIT "Bn INTERST ATE CENTER DEVELOPMENT AGREEMENT ?j '" o ~c! 8~~ " >; ~ ~ ~l4qWJeV~Qce of 1rnw:ov~D.tS. All improvements referenced in this agreement shall be perpetually ~tained by the DEVELOPER and/or their successors, heirs and assigns in a neat, aesthetically pleasing and workmanlike manner. '1 i..f,,' fi: ,T, .~ e!, ~; ''- ~-..: y EXHIBIT "B" INTERSTATE CENTER DEVELOPMENT AGREEMENT 2/18/97 Page 4 of 4 !t