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HomeMy WebLinkAboutAgreement 1 :,~1A 8U~'kTY RECORDER a.aA~lll~ ~4AYAEtRO '`rear, {I~4~•1~ ~~~ 1. 2. zQ~ ~ 23 F;1 I ~ ~Ir RECt~D-RE©UEST CE ~~~ FEE DEPUTY i0~t~2i869 MERIDi,4A1 C1TY DEVELOPMENT AGREEMENT ~ IL E COPY City of Meridian Magic View Partners, an Idaho General Partnership THLS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this Z sl day of ,~ , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and MAGIC Vl$W PARTNERS, AN 1DAH0 GENERAL PARTNERSHIP, hereinafter called "DEVELOPER", whose address is PO Box $204, Boise, Idaho. 1. RECI'T'ALS: 1.1 WHTi1ZEAS, "Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 W~TEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re- zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Code §§ 11-15-12 and 11-16-4 A, which authorizes development agreements upon the aruiexatioaand/or re-zoning of land; and 1.4 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Limited Office Dzstrict (l.-O), Meridian City Code § 11-7-2 G; and DEVELOPMENT AGREEMENT (AZ-49-022) • I 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed according to the Concept Plan and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning &. Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 7~ day of,~~, 2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit $, which aze attached hereto and by this reference incorporated herein as if set fgrhh in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be itt its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the DEVELOPMENT AGREEMENT (AZ-99-022) - Z ~ i proceedings for annexation and zoning designation from government subdivisions providing services within the Planning jurisdiction and from affected property owners and to ensure arulexation and zoning designation is in accordance with the Comprehensive Plan of the'City of Meridian adopted December 21,1993, Ordinance #629, January 4,1994, and the Meridian City Code Titles 11 and 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINTIIONS: For all purposes of this Agreement the fallowing words, terms, and phrases herein confined in this section shad be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY^: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 $ast Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Magrc View Partners, an Idaho General Partnership consisting of Winston H. Moore and James L. Boyd, general partners, whose address is PO Box 8204, Boise, Idaho, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "'Property" 3.3 NPROPERTY^: means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit uA", attached hereto and DEVELOPMENT AGREEMENT (AZ-99-022) . 3 by this reference incorporated herein as if set forth at length. 4. USES PERMTI"I'ED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code § 11-7-2 G which are herein specified as follows: Development of Limited Office. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 "Developer" shall develop the "Property" in accordance with the following special conditions: S. l A The property should be zoned L-O, Limited Office District, and the Applicant shall use the subject property to develop professional office uses with any other uses permitted in the subject zone only as a conditional use. 5.1.1 Any existing irrigation/dxainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigationJdrainage 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. DEVELOPMENT AGREEMENT (AZ-99-022) - 4 r~ ~._ 5.1.2 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. 5.1.3 Off-street parku-g shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 5.1.4 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 and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. ' 5.1.5 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. 5.1.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance $e~tion 11-2-14.D.3. 5.1.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 5.1.8 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9- 606.B. DEVELOPMENT AGREEMENT (AZ-99-022) - 5