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HomeMy WebLinkAboutDiversified Realty Corp. AZ 99-012HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE LEGAL DEPARTMENT A Good Place to Live CITY OF MERIDIAN' WORKS L mb= PUBL)IC CHARLES ROUNTREE UILDING DEPARTMENT 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 836RECEIVE (208) 887-2211 OLANNING ANDERSON Phone (208) 888-4433 • Fax (208) 8 AND ZONING 7-RON 813 (� JUL .06 1999 DEPARTMENT KEITH BIRD (208) 884-5533 City of Meridian City Clerk Office COMMENTS ON DEVELOPMENT PROJECTS TRANSMITTAL TO AGENCIES FOR 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: July 26 1999 TRANSMITTAL DATE: June 28 1999 HEARING DATE: July 29, 1999 FILE NUMBER: AZ -99-012 REQUEST: ANNEXATION AND ZONING OF 13.09 ACRES TO C -C BY: DEVELOPERS DIVERSIFIED REALTY CORP. LOCATION OF PROPERTY OR PROJECT: 4000 E. FAIRVIEW AVENUE TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, 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 _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) YOUR CONCISE REMARKS: "' -q q �? rt LV /3�✓ - r`2T tv C.0 NV �i a v� P. Findings of Fact and Conclusions of Law: RZ 99-005 Request for rezone of 7.265 acres from R-18 to R-15 by William and Lucile Leavell for Creekside Arbour Phase II: Approve Q. Development Agreement:RZ 99-005 acres from R-8 to R-15 b Request for rezone of 7.265 Arbour Phase If: Approve William and Lucile Leavell for Creekside pprove — Resolution No. 309 R. Development Agreement: AZ 99-022 Request for annexation zoning of 10 acres to L -O for proposed Magic View Office Comlex and W.H. Moore Company — Eagle Road and Magic View: A P o by Resolution No. 310 pp ve — S• Development Agreement: St. Luke's — Approve — Resolution No. 311 T.[::,Develop nt A" �eement 9 JAZ 99 0111 Request for annexation and zoni g to C=C'of 13:09 acres {Wal-Mart}`by Developers Diversified Corporation — 4000 E. Fairview }mile east of Eagle Road:gp ve Realty Resolution 312,' g Regular Agenda 1• Ordinance No. 861: AZ 99-012 Request for annexation and zoning of 13.09 acres (Wal-Mart) by Developers Diversified / Dakota kota Company: 2• Ordinance No. 862: RZ 99-007 Request for rezone b Diversified / Dakota Company (Wal -Marti: A Y Developers Approve 3• Ordinance No. 863: AZ 99-022 Request for annexation and Complex b zoning of 10 acres for Magic View Office C Approve Y W.H. Moore Company: 4• Ordinance No. 864: Robert Glenn: q AZ00-001 Request for annexation and zoning by pprove 5• Ordinance No. 865: RZ 00-001 Request for rezone of 1.761 R-8 and R-15 to entirely R-15 by Lynd Hoover: A acres from pprove 6• Ordinance No. 866: RZ 99-005 Request for rezone of 7.265 acres from R-8 to R-15 by William and Lucile Leavell for Creekside Arbour Phase as a If: II: Meridian City Council Meeting. March 21,"2000 Page 3 ,:B� 9 7�4 "CPO v m m r O -v m X CO) v m M 75 v X m n r 0 O X ,z Meridian City Council Meeting March 21, 2000 Page 4 Corrie: For the ones in the audience, Item C will be moved to 10; D will be moved to Item 18; and E will be moved to Item 14. Item 1. Jordi n e N 61' �Azp9-012 Request for annexation and zoning of 13.09 acres (VNaI"Mart) by Developers Diversified / Dakota Company: -`'=— Corrie: I'll open the regular agenda. Item 1 is Ordinance request for annexation and zoning of 13.09 acres, Wal-Mart, by Developers Diversified / Dakota Company. Mr. Clerk, what number will that be? Berg: Mr. Mayor, Ordinance No. 861. Corrie: 861. All right. If the Clerk will read the Ordinance No. 861 by title only, please. Berg: Thank you, Mr. Mayor, members of the Council. ORDINANCE NO. 861, AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED COMMUNITY BUSINESS DISTRICT (C -C); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. Corrie: Okay. Thank you. Is there anyone from the audience that would like to hear Ordinance No. 861 read in its entirety? Hearing none, I'll entertain a motion from Council on Ordinance No. 861. Anderson: Mr. Mayor. I would make a motion that we approve Ordinance No. 861 with suspension of the rules for the request and annexation and zoning for (inaudible) 13.09 acres for Wal-Mart. Meridian City Council Meeting March 21, 2000 Page 5 Bird: Second. Corrie: Motion made by Mr. Anderson; seconded by Mr. Bird to approve Ordinance No. 861 with suspension of rules. Any further discussion? Hearing none, roll -call vote, Mr. Clerk. Roll -call: deWeerd, abstain, Anderson, aye; McCandless, aye, Bird, aye. MOTION CARRIED: THREE AYES, ONE ABSTAINED Item 2. Ordinance No. 862: RZ 99-007 Request for rezone by Developers Diversified / Dakota Company (Wal-Mart): Corrie: Item No. 2, Ordinance No. 862 is a request for rezone by Developers Diversified / Dakota Company for Wal-Mart. Mr. Clerk, if you'll read Ordinance No. 862 in title only. Berg: Thank you, Mr. Mayor, members of the Council. ORDINANCE NO. 862: AN ORDINANCE FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM I -L (LIGHT INDUSTRIAL) ZONING DISTRICT TO C -C (COMMUNITY BUSINESS DISTRICTO AS DEFINED UNDER § 11-2- 408b(9) OF THE MUNICIPAL CODE OF THE CITY OF MERIDIAN, REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICAL MAPS OF THE CITY OF MERIDIAN, IDAHO. Corrie: Okay. You've heard the reading of Ordinance No. 862. Is there anyone who would like to have the Ordinance No. 862 read in its entirety? Hearing none, I'll entertain a motion from Council on Item 2, Ordinance No. 862. Bird: I move that we pass Ordinance No. 862 with a suspension of rules for the request of rezone by Developers Diversified / Dakota Company, Wal-Mart. Anderson: Second. Corrie: Motion is made and seconded to approve Ordinance No. 862 with suspension of rules. Any further discussion? Hearing none, roll -call vote, Mr. Clerk. Roll -call. deWeerd, abstain; Anderson, aye; McCandless, aye, Bird, aye. MARCH 17, 2000 AZ 99-012 MERIDIAN CITY COUNCIL MEETING: MARCH 21 2000 APPLICANT: DEVELOPER'S DIVERSIFIED AGENDA ITEM NUMBER: REQUEST: ORDINANCE - ANNEXATION AND ZONING OF 13.09 ACRES TO C -C FOR PROPOSED SHOPPING CENTER AGENCY COMMENTS CITY CLERK: SEE ATTACHED ORDINANCE z< N CITY ENGINEER: ` CITY PLANNING DIRECTOR: 4 CITY ATTORNEY: CITY POLICE DEPT: s , z CITY FIRE DEPT: CITY BUILDING DEPT: r CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN'POST OFFICE: ADA COUNTY HIGHWAY DISTRICT:' _ ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: i t Materials presented of public meetings shall become property of the City of Meridian. MARCH 17, 2000 AZ 99-012 MERIDIAN CITY COUNCIL MEETING: MARCH 21 2000 APPLICANT: DEVELOPER'S DIVERSIFIED AGENDA ITEM NUMBER: REQUEST: DEVELOPMENT AGREEMENT - ANNEXATION AND ZONING OF 13.09 ACRES TO C -C FOR PROPOSED SHOPPING CENTER AGENCY COMMENTS CITY CLERK: SEE SIGNED D/A CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. \R DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian ,RECEIVED, MAR 2 jO 2000 CITY OF MERIDIAN CITY CLERK OFFICE 01-31-00 2. Developers Diversified Realty Corporation, developer, for (AZ -99-012) and (RZ-99-007) 3. Terrace Lawn Memorial Gardens, Inc., an Idaho corporation, owner, for (A7.-99-012) 4. Hennes Associates, LTD, a Utah Limited Partnership, owner, (87,99-007) THIS DEVELOPMENT AGREEMENT (this "Agreement"), is ,made and entered into this day of , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and DEVELOPERS DIVERSIFIED REALTY CORPORATION, "DEVELOPER" whose address is 3300 Enterprise Parkway, Beachwood, Ohio 44122, and HERMES ASSOCIATES, LTD, A UTAH LIMITED PARTNERSHIP, "OWNER" whose address is % Developers Diversified Realty Corporation, 3300 Enterprise Parkway, Beachwood, Ohio 44122, and TERRACE LAWN MEMORIAL GARDENS, INC., "OWNER" whose address is 1200 N. Cloverdale Road, Boise, Idaho. I. RECITALS: 1.1 WHEREAS, "Terrace Lamm Memorial Gardens, Inc." and "Developers Diversified Realty Corporation" are the owners, 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 I"; and 1.2 WHEREAS, "OWNER" Hermes Associates, Ltd., a Utah Limited Partnership, 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 B, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property 2"; and DEVEL(WENT AGREEMENT - (AZ -99-012 and RZ-99-M) - 1 14 'J 1.3 WHEREAS, I.C. §67-6511A., Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.4 WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Code H 11-7-12 and i 1-16-4 A, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.5 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property 1 " described in Exhibit A, and has requested a designation of Community Business District (C- C), (Meridian City Code) Case No. AZ -99-012 - ; and I.6 WHEREAS, "Developer" has submitted an application for rezone of the "Property 2" described in Exhibit 8, and has requested a designation of Community Business District (C-C),(Meridian City Code) Case No. RZ-99-007), and which will be developed in conjunction with property 1. 1.7 WHEREAS, "Developer" has made representations at the public hearings and intends to develop die properties which are the subject of the above referenced proceedings as a mixed use shopping center; and 1.8 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Properties" 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 1.9 WHEREAS, City Council, the _ day of , 2000, has approved certain annexation and zoning Findings of Fact and Conclusions of Law and Decision and Order, Case No. AZ -99-012, set forth in Exhibit C, which are attached hereto and by this DEVELOPMENT AGREEMENT - (A7,99-012 and RZ-99-007) - 2 reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1. 10 WHEREAS, City Council, the day of...._, 2000, has approved certain rezone Findings of Fact and Conclusions of L,aw and Decision and Order, Case No. RZ-99-00, set forth in Exhibit D, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.11 WHEREAS, both the "Findings" require the "Developer" and "Owners" to enter into a development agreement before the City Council takes final action on annexation and zoning and re -zoning designation; and L 12 "DEVELOPER" deems it to be in its best interest to be able to eater into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.13 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that "Property 1 " and "Property 2" are developed, and the subsequent use of the "Properties" is, in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning and re -zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation 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 Zoning and Development Ordinance codified in Z ltle 11, Municipal Code of the City of Meridian. NOW, I"HEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORAT ON OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT -'(AZ -99-012 and RZ-994)07) - 3 r� 3. DEFINI'T'IONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided'for, unless the clear context of the presentation of the same requites otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Developers Diversified Realty Corporation, and its successors, assigns and affiliates, whose address is 3300 Enterprise Parkway, Beachwood, Ohio 44122, the party developing "Property 1" and/or "Property 2" and shall include any subsequent owners)/developer(s) of the "Property". 3.3 "OWNER 1": means and refers to Owners of Property 1, Exhibit "A", Terrace Lawn Memorial Gardens, Inc_, whose address is 1200 N. Cloverdale Road, Boise, Idaho. 3.4 "OWNER 2": means and refers to Owner of Property 2, Exhibit B, , and Hermes Associates, LTD, a Utah Limited Partnership, whose address is c/o Developers Diversified Realty Corporation, 3300 Enterprise Parkway, Beachwood, Ohio 44122. 3.5 "PROPER'T'Y 1": means and refers to Property 1, owned by Terrace Lawn Memorial Gardens, Inc. and Developers Diversified Realty Corporation, 3300 Enterprise Parkway, Beachwood, Ohio 44122, which are those certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A" and "A- I", attached hereto and by this reference incorporated herein as if set forth at length. 3.6 "PROPERTY 2": means and refers to Hermes Associates, LTD, a Utah Limited Partnership, those r-eartain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in DEVELOPMENT AGREEMENT - (AZ -"-012 and RZ-9)-007) - 4 l'{ CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED COMMUNITY BUSINESS DISTRICT (C -C); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERIC OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A parcel of land located in the NW1/4 of the NE 1/4 of Section 9, T. 3N., R. IE., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the NIA corner of said Section 9 from which the NE corner of said Section 9 bears South 89°22'32" East, 2659.01 feet; thence along said section line South 89'22'10" East, 708.49 feet; thence leaving said section line South 00°37'28" West, 47.09 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30); thence leaving said South right-of-way line South 14°59'32" West, 276.87 feet; ANNEXATION AND ZONING ORDINANCE - 1 thence South 00°48'14" West, 554.06 feet; thence North 89°35'24" West, 640.79 feet to"a point on the North-South centerline of said Section 9; thence along said North-South center line North 00°48'14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the,.City of Meridian, Ada County, Idaho. - e SECTION 3: That the real property herein by this ordinance annexed to the City of ,. Meridian hereinabove described shall be zoned Community Business District (C -C). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of , 1999. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in ANNEXATION AND ZONING ORDINANCE - 2 thence South 00°48'14" West, 554.06 feet; thence North 89°35'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 00°48'14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Community Business District (C -C). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of , 1999. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in ANNEXATION AND ZONING ORDINANCE - 2 a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of '1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 1999. MAYOR ATTEST: CITY CLERIC ANNEXATION AND ZONING ORDINANCE - 3 STATE OF IDAHO,) : ss. County of Ada. ) On this day of , 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: ey\ZAWork\M\Meridian 15360M\Developers Diversified\AZ.ORD ANNEXATION AND ZONING ORDINANCE - 4 ;0 Exhibit "B", attached hereto and by this reference incorporated herein as if set forth at length. 4. For purposes of this Agreement. Owner 1's responsibilities shall be subject only to those provisions of this Agreement which make reference to Property 1, even though for ease of reference there are numerous references to Developer/Owner- 5. USES PERMITTED BY THIS AGREEMENT: 5.1 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 1 which are. herein specified as follows: (C -C) Community Business District: The purpose of the (C -C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off- street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip cornmexcial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a planned development. For the construction and development of a commercial shopping center. 5.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 6. DEVELOPMENT AS CONDITXONA.L USE: "Developer/Owner I/Owner 2" has subinitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-994XM - 5 City's Zoning & DeVelopcnent Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property I" and/or "Property 2". 7. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 7_A "Developer/Owner 1/Owner 2" shall develop the "Property" in accordance with the following special conditions: 7.1 Dedicate sufficient additional right-of-way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right-of- way ight-ofway shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 7.2 Dedicate 76 -feet of right-of-way (38 -feet from the centerline) for Records Drive from Fairview Avenue to a point 300 -feet south of Fairview Avenue and 60 -feet of right-of-way (30 -feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat, or execution of a warranty deed, to Ada County Highway District prior to issuance of a any Certificate of Occupancy. 7.3 Construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting "Property V and "Property 2" (approximately 822 -feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development of any portion of -Property V or "Property 2" showing the sidewalk must be approved prior to issuance of a building permit for the respective portion of "Property I" or "Property 2". 7.4 Prior to opening any business on any portion of "Property V or "Property 2", construe pavement widening on Fairview Avenue adjacent the property upon which such store will open to add one eastbound lane from' Records Drive to the east property line of such property. DEVELOPMENT AGREEMENT - (,tom -99-012 and RZ-994)07) - 6 ,A 7.5 Construct a maximum of three driveways on Fairview Avenue a minimum of 440 -feet for a full access driveway and 220 -feet for a right-in/right-out driveway from any public street intersection and 220 -feet from all existing or proposed driveways. The maximum driveway width will be 40 -feet with a minimum storage length of 100 -feet. Install a 36" by 36" high intensity STOP sigh at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15 -foot radii. Coordinate the design, storage length and location of any proposed driveways with Ada County Highway District staff. 7.6 Construct Records Drive as a 65 -foot street section (with curb, gutter and 5 -foot wide concrete sidewalk) from Fairview Avenue to a point 300 -feet south of Fairview Avenue. Records Drive shall be located approximately 2,100 -feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300 -feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 7.7 Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACRD specifications_ The signal should be designed to allow the future construction of dual left -tum lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. 7.8 A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175 -feet south of Fairview Avenue and aligned or offset 150 -feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30 -foot curb return driveway with 15 -foot curb radii. The minimum storage length shall be 50 -feet. Install a:36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive_ DEVELOPMENT AGREEMENT - (AZ -99.012 and RZ-"-007) - 7 7.9 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 7.10 Applicant shall submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State Tax Commission for the rezone. 7.11 Applicant shall prepare and submit a subdivision plat for any splitting of property. 7.12 Applicant shall satisfy all fixe code requirements including those pertaining to water flow and fire hydrants. 8. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer/Owner I/Owner 2" or "Developer/Owner 1/Owner 2"'s heirs, successors, assigns, to comply with Sections 5 and 7 entitled "Conditions Governing Development of subject 'Property" of this agreement within two (2) years of the. date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 9. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer/Owner I/Owner 2" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" to which the default applies subject to and conditioned upon the following conditions precedent to -wit: 9.1 That the "City" provide written notice of any failure to comply with this Agreement to `Developer/Owner I/Owner 2" and if the "Developer/Owner I/Owner 2" fails to cure such failure within six (6) months of such notice. 10. INSPECTION: "Developer/Owner I/Owner 2" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City DEVELOPMENT AGREEMENT - (AZ -X9-012 and RZ-"-007) - 8 Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 11. DEFAULT: 11-1 In the event "Developer/Owner 1/Owner 2", "Developer/Owner I/ Owner 2"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated with respect to the "Property" which is in default by the "City" upon compliance with the requirements of the Zoning Ordinance. 11.2 A waiver by "City" of any default by "Developer/Owner 1/Owner 2" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 12. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer/Owner i/Owner 2"'s cost, and submit proof of such recording to "Developer/Owner I/Owner 2", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 13. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 14. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer/Owner 1/Owner 2", or by DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-99-007) - 9 any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 14.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer/Owner 1/Owner 2" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecixte the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 14.2 in the event the performance of any covenant to be performed 'hereunder by either "DeveloperlOwner 1/Owner 2" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance-, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 1.5. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements required in section 7 of this agreement, which the "Developer/Owner 1/Owner 2" agrees to provide, if required by the "City". 16. CERTIFICATE OF OCCUPANCY: The "Developer/Owner 1/Owner 2" agrees that no Certificates of Occupancy will be issued until all improvements required in section 7 of this agreement are completed, unless the "City" and "Developer(Owner 1/Owner 2" have entered into an addendum agreement stating when the improvements required in section 7 of this agreement will be completed in a phased development; and in any event, no Certificates of Occupancy shall be DEvELOPMENi' AGREEMENT - (AZ -99-012 and RZ-99-007) - 10 issued in any phase in which the improvements required in section 7 of this agreement have not been installed., completed, and accepted by the "City". 17. ABIDE BY ALL CITY ORDINANCES: That "Developer/Owner i/Ownex 2" agrees to abide by all ordinances of the City of Meridian and "Property 1 " and/or "Property 2" as the case parlay he shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 18. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY- DEVELOPEIL- clo City Engineer Developers Diversified Realty Corporation. City of Meridian 3300 Enterprise Parkway 33 E. Idaho Ave. Beachwood, Ohio 44122 Meridian, ID 83642 ATT'N: Eric M. Mallory with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 GO Dakota Company, Inc_ 380 E. Parkcente-r Blvd., Suite 100 Boise, Idaho 83706 ATTN: Lang Durkin OWNERS: "Property I" Terrace Lawn Memorial Gardens, Inc. 1200 N. Cloverdale Road Boise, Idaho DEVELOPMENT AGREEMENT - (AZ -994)12 and RZ-99-M7) - 11 c/o Developers Diversified Realty Corporation, 3300 enterprise Parkway, Beachwood, Ohio 44122 "property 2" Hermes Associates, LTD, a Utah Limited partnership do Developers Diversified Realty Corporation, 3300 Enterprise parkway, Beachwood, Ohio 44122 18.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the i requirements of this section. 19, ATTORNEY FEES: Should any litigationcommenced t e��� d� in parties hereto concerning this Agreement, theprevailing p y addition to any other relief as may be granted, °event 'urisdiction. This provision ourt cDsts and reasonable attomey's fees as determined by a Court o p l shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 20. TIME IS OF T14E ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every of the condiobligtions hat the failure to timely perform hereunder shall constitute and provision hereof, an a breachof and a default under this Agreement by the other party so failing to perform. 21 BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent We or alienation of the "Property", or portions thereof, except that any sale or alienation owner or owners shall be 1 be subject to the. provisions hereof and any successor th benefitted and bound by the conditions and restrictions herein expressed. "City' DEVELOPMENT AGRLESEW - (AZ, -99-012 and RZ-994)07) - 12 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. ATTEST: - - CV11VL, A - /hA/114 Joan/ . Allgood, S ret g arY ATTEST: ATTEST: Secretary DEVELOPERS DIVERSIFIED REALTY CORPORATION, an Ohio corporation D er By: . Daniel B. Hurwitz Z (Print Name) Its: Executive Vice President "Property V DEVELOPERS DIVERSIFIED REALTY CORPORATION, an Ohio corporation O er By: Daniel B. Hurwitz (Print Name) Its: Executive Vice Presi ent TERRACE LAWN MEMORIAL GARDENS, INC., Owner By: Timothy T. G son, President "Property 2" HERMES ASSOCIATES, LTD. a Utah limited partnership By DDR Family Centers LP Its General Partner By DDR DownREIT LLC Its General Partner By Developers Diversified Realty Corporation, its Managing Member Owner By: =e E - Daniel B. Hurwit'h, int Name) Its: Executive Vice Presi ent DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-99-007) - 14 agrees, upon written request of "Developer/Owner 1/Owner 2", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer/Owner l/ Owner 2" has fully performed its obligations under this Agreement. 22_ INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 23. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer/Owner I/Owner 2" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer/Owner 1/Owner 2" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change, addendum or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 23.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment except that minor modification(s) of required improvements provided for in section 7 may be approved by City Public Works and Planning and Zoning Staff, if such changes are required or preferred by Ada County Highway District Staff. 24. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk DEVELOPMENT AGREEMENT - (AZ -99-4)12 and RZ-99-W7) - 13 ATTEST: CI'T'Y OF MERIDIAN BY: MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY REsoLVTION NO. DEVELOPMENT AGREEMENT - (AZ -"4)12 and RZ-99-007) .15 STATE OF OHIO ) ) SS: COUNTY OF CUYAHOGA ) BEFORE ME, a Notary Public in and for said County and State, personally appeared Daniel B. Hurwitz, Executive Vice President of DEVELOPERS DIVERSIFIED REALTY CORPORATION, the corporation which executed the foregoing instrument, who acknowledged that he did sign the foregoing instrument for, and on behalf of said corporation being thereunto duly authorized by its Board of Directors, that the same is his free act and deed as such officer and the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at Beachwood, Ohio, this 10. day of �'k�c,� , 2000. Not P blic ci1ZABETH A. ERRY Notary Public, Stats of Ohio, Cuya. Cty. DHy commission Expires Mar. 8, a063 DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-99-007) - 16 STATE OF IDAHO) :ss COUNTY OF ADA On this day of __ _ _, in the year 2000, before me, a M known or ident;>lfied to me to NotaryPublic, personally appeared , - p be the person whose name is subscribed t the within instrument as r6 gervtf/j�/&&&K that executed the said instrument, and acknowledged to me tha&i she executed the same as-s>aD� �ti41-f cod SSS O,tA1�Y ao o Public for Ida t13eComt>nission expires. �ir'prA T8 0111 SPA'T'E OF :ss COUNTY OF CUYAHOGA. BEFORE ME, a Notary Public, in and for said County and State, personally appeared Daniel B. Hurwitz, Executive Vice President of Developers Diversified Realty Corporation, Managing Member of DDR DownREIT LLC, General Partner of DDR Family Centers LP, the General Partner of Hermes Assor_iates, Ltd., the limited partnership which executed the foregoing instrument, who acknowledged that he did exectite the foregoing instrument on behalf of said corporation and the same is his free and voluntary act and deed as Executive Vice President of Developers Diversified Realty Corporation, Managing Member of DDR DownRE1T LLC, General Partner of DDR Family Centers LP, General Partner of said limited partnership and is the free act and deed. of said limited partnership for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Beachwood, Ohio, this6jkday of -YW�c- 2000. Notary Public DEVELOPWNT AGREEMENT - (AZ -99-012 andRZ-99-00'1) - 17 ELIZABETH A. BERRY Notary Public, State of Ohio, Cuya. Cty. My Commission Expires Mar. 8, 7-003 (SEAL) Notary Public STATE OF IDAHO ) :ss County of Ada ) On this day of , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, And acknowledged to me that such City executed the same. (SEAL) Notary Public for Idaho Commission expires: M,, fq\w,,kV,A\Meridian 1SVX)WX-w1*pen Di--ifw%. TV vekTAW DEVELOPMeU AGREEMENT - (AZ -99-012 and RZ-994" -18 EXHIBIT A DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-99-007) -19 ♦ 4; HUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 Project No., 9904000 DESCRIPTION FOR FAMILY CENTERS AT MERIDIAN ADDITIONAL PROPERTY ANNEXATION . li rI :•• I• * , - April 30, 1999 A parcel of•land located in the NW1/4 of the NE1/4 of Section 9, T.3N., R_1E., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the N1/4 comer of said Section 9 from which the NE comer of said Section 9 bears South 89'22'32" East, 2659.01 feet; thence along said section line South 89'22'10' East, 708.49 feet; thence leaving said section line South 00'37'28' West, 47.09 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30); thence leaving said South right-of-way line South 14059'32" West, 276.87 feet, thence South 00'48'14" West, 554.06 feet; thence North 89"35'24" West, 640.79 feet to a point on the North—South centerline of said Section 9; thence along said North-South center line North 00'48'14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less_ Prepared by: HUBBLE ENGINEERING, INC. - v�tt-- , BY JUL 2 2 1999 c 7 2 ve:Dm pmuc WORKS DEFT. GGC/vw/familycentersMerid-annex Gregory G. Carter, P.LS- EXHIBIT "A" Q: DEVF.LOPMEMI* AGREEMENT - (AZ -994)12 and RZ-99-007) - 20 MAR -15-00 16=31 FROM,DEVELOPERS DIVERSIFIED- vID, 216247111A ..--- ---------- N N , . HUBBLE ENGINEERING, INC. 9650 Bethel Court . Boise, Idaho 83709 r=BIT "A" Project No. °0003700 GIBSON PARCEL PROPERTY DESCRIPTION PAGE 4/6 2o0224-992 ■ Fax ZOM78-0329 February 2, 2000 Revised February 25, 2000 A parcel of land located in the NW114 of the NF -114 of Secdon ,urvey No. 1283, fe N ..R.1ecordE., B.M., Ada County. Idaho, .a e�cwdne°r. Record lahoSand more particularly described as the office of the Ada County follows: Commencing at an iron pin marking the North 1!4 comer of said Section 9; thence along the centerline of said Section 9 South 00'48'14" West, 49.74 feet to the South right-of-way line of Fairview Avenue, said.poird being the REAL. POINT OF BEGINNING; thence along said South right -of -Way line South 89'35'24" East. (formerly South 89°35'00" East) 432.45 feet; thence leaving said South right-of-way line South 00°42'46" West, 503.18 feet; thence North 89°35'24" West, (fonneriy North 89°35'00" West) 433.25•feet to said centerline of Section 9; thence along said centerline North 00°48'14" East, 503.19 feet to the Point of Beginning. Contains 5.000 acres, more Of less. Prepared by: HUBBLE ENGINEERING, INC. Todd R. Waite, P.L.S. J.-\HEI\(DLSurveylProjects\TG3ALTA1199\Legal 0esa1pdons% RW-Gibson-Par.doc • to 04/29/1999 09:59 2083850696 rEat_SYS !4N0 9-RvEY pq�c 02 TEALEY'S LAND P 1 west Jetterson Street • Boise, Idaho 83702 SURVEYING (208) 385-0636 Fax (208) 385-0696 Project. No.: 1882 Date: April 29, 1999 DESCRIPTION FOR TIM GIBSON — PARCEL 2 A parcel of land being a portion of the NW 1/4 of the NE 1/4 of Section 9, T.3N., R.1 E., B.M., Ada County, Idaho and more particularly described as follows: Commencing at an iron pin marking the North 1!4 comer of said Section 9; thence along the centerline of said Section 9 South 00°48'35" West, formerly South 00048'14" West, 49.74 feet to a brass cap on the South right-of-way line of Fairview Avenue; thence along said South right -of --way line South 89035'00" East 432.45 feet to tett iron pica marking the POINT OF BEGINNING; thence continuing South 89°35'00" East 276.21 feet to a point; thence leaving said South, right-of- way live South 15°00'00" West 276.88 feet to a point; -.thence South 00°48' 35" West 554.06 feet to a point-. thence North 89035'00" West 640.79 feet to a point on said ccnterline of Section 9; thencc along said ccnterline North 00°48'35" East 318.83 feet to an iron pin; tltcnce leaving said centerline South 89035'00" East 433.30 feet to an iron pin; thence North 00°42'46" East 503.18 feet to the POINT OF BEGINNING, Said parcel of land contains 7.30 acres, more or less. T A *tn -04 C,!/25/1999 09:5J 2083850696 4 w 00••e 39' E 9 GA1RVIEV AVENUE vig bo, 5 89'35'00' E 1329 56' I I 'I 1 I I I I PARCEL 3 1 791.790 •0'- L ago ov. 'I 4 S 89' 21' 16- E 1335.05' A EXHIBIT B RZ-29-007 L,ezal Description Of ProP-ertX 2 DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-99-W7) - 21 HURELE ENGINEERING, INC. Cr v 9550 Bethel Court . Boise, Idaho 83709 Project No. 9925000 RECORDS EAST SUBDIVISION REZONE DESCRIPTION FOR WESTERLY PARCEL 208/322-8992 n Fax 208/378-0329 January 12, 2000 A parcel of land located in the NE1/4 oftheNW1/4 of Section 9, T.3N., RAE., B.M., Ada County, Idaho, more particularly described as follows: Commencing atthe comer common to Sections 4, 5, 8 and the said Section 9; thence South 89°22'10" East, 2659.63 feet along the North line of said NW1/4 of Section 9 to the 1/4 corner common to said Sections 4 and 9 and the REAL POINT OF BEGINNING; thence along the North-South mid-section line of said Section 9 South 0°48'14" West 880.85 feet to the northeast corner of Crossroads Subdivision No. 6, as filed in Book 76 of Plats at Page 7941 thru 7942, records of Ada County, Idaho; thence North 89°35'32" West, 596.17 feet along the North line of said Crossroads Subdivision No. 6 to a point on the centerline of N. Records Ave.; thence along said centerline the following three courses: 72.61 feet along a curve to the left, said curve having a radius of 203.61 feet, a central angle of 20°25'57" and a long chord bearing North 14°11'46" West, 72.23 feet to the beginning of a reverse curve to the right; thence 72.37 feet along said curve to the right, said curve having a radius of 171.75 feet, a central angle of 24008'33" and a long chord bearing North 12°16'20" West, 71.83 feet; thence North 00°25'00" East, 743.33 feet to the intersection with the North line of said NW1/4 of Section 9; thence South 89°22'10" East, 636.12 feet along said North line to the Real Point of Beginning. Containing 12.77 acres (556,187 square feet) more or less. Prepared by: NUBBLE ENGINEERING, INC. J/MeridianCrossroads 2/PJS/vw/RecordsEast-Rezone Patrick J. Scheffler, P.L.S. EXHIBIT C ®Z-99-012 •. •r VMS ••• t a •1 •_ i•�_• DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-99-W7) - 22 11-11-99 11 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF DEVELOPER DIVERSIFIED REALTY CORP., THE APPLICATION FOR ANNEXATION AND ZONING OF 13.09 ACRES FOR EXPANSION OF FAMILY CENTER AND CROSSROADS MALL, 4000 E. FAIRVIEW AVE., MERIDIAN, IDAHO Case No. AZ -99-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on November 3, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Ai)Dlic;knt ,,-,-. T -- y Durkin from Developers Diversified Realty Corp., and r on, and the City Council having duly considered the evid� matter therefore makes the following C Findings of Fact anc Decision and Order: FINDINGS OF FACT The notice of public hearing on the application for annexation and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for November 3, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the November 3, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code H 67-6509 and 67-6511, and H 1 1-2-416E and 1 1-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 13.09 acres -in size. The property is K located at 4000 E. Fairview Ave., Meridian, Idaho, and described as follows: A parcel of land located in the NW 1/4 of the NE 1/4 of Section 9, T. 3N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the N 1/4 corner of said Section 9 from which the NE corner of said Section 9 bears South 89°22'32" East, 2659.01 feet; thence along said section line South 8922'10" East, 708.49 feet; thence leaving said section line South 00°37'28" West, 47.09 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30); thence leaving said South right-of-way line South 14°59'32" West, 276.87 feet; thence South 00'48'14" West, 554.06 feet; thence North 89°35'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 00°48'14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less. 5. The owner of record of the subject property is Terrace Lawn Memorial Gardens, Daniel and Carolyn Gibson of 19500 Hwy. 20/26, Caldwell, Idaho. 6_ Applicant is Developers Diversified Realty Corp., of 3300 Enterprise Parkway, Beechwood, Ohio. 7. The property is presently zoned by Ada County as Rural Transitional (R -T), and consists of a sod farm and cemetery. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND, DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 8. The real property which is the subject of this application will be joined and developed with the real property, which is the subject of a companion application in action "In the Matter of the Request for Rezone of approximately 1 1.4 acres for Expansion of Meridian Family Center/Crossroads Mall". 9. The Applicant requested the property be zoned as Meridian Community Business District (CC), Section I 1-2-408 B (9) of the Revised and Compiled Ordinances of the City of Meridian. 10. The proposed site of the subject property is located east of Records drive, south of Fairview Ave. 11. The subject property is bordered to the east and south by Ada County Rural Transitional, to the southwest by Meridian Single Family Residential and to the west by Meridian Community Business District, to the north by Ada County Rural transitional and city limits of the City of Meridian are adjacent and abut to the west and southwest of the subject property. 12. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 13. The entire parcel of the property is included within the Meridian.Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan, 14. The Applicant proposes to develop the subject property in the following FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 manner: construction and development of a commercial shopping center. 15. The Applicant requests zoning of the subject real property as Community Business (CC) which is not consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Commercial. There is a pending application for amendment to the Comprehensive Plan from Single Family Residential to Commercial. If the Comprehensive Plan change is granted, this application--3,vauld-be_,consistenr-mdth rhe Comprehensive -Plan - Generalized Land Use Map. 16. There are no significant or scenic features of major importance that affect the consideration of this application. 17. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Ada County Highway District as follows: 17.1 Dedicate sufficient additional right-of-way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 17.2 Dedicate 76 -feet of right-of-way (38 -feet from the centerline) for FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 Records Drive from Fairview Avenue to a point 300 -feet south of Fairview Avenue and 60 -feet of right-of-way (30 -feet from centerline) for Records Drive from that`point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. 17.3 Construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822 -feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 17.4 Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. 17.5 Construct a maximum of three driveways on Fairview Avenue a minimum of 440 -feet for a full access driveway and 220 -feet for a right- in/right-out driveway from any public street intersection and 220 -feet from all existing or proposed driveways. The maximum driveway width will be 40 -feet with a minimum storage length of 100 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15 -foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. 17.6 Construct Records Drive as a 65 -foot street section (with curb, gutter and 5 -foot wide concrete sidewalk) from Fairview Avenue to a point 300 -feet south of Fairview Avenue. Records Drive shall be located approximately 2,100 -feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300 -feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 17.7 Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left -turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to constriction. 17.8 A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175 -feet south of Fairview Avenue and aligned or offset 150 -feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30 -foot curb return driveway with 15400t curb radii. The minimum storage length shall be 50 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 17.9 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 18. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 17, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 19. It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 CONCLUSIONS OF LAW The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section I I - 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.1 Commercial and retail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states - The location of Community Shopping Centers should be guided by performance and development standards which consider that Commercial Activity Centers be located in proximity to other commercial developments and minimize impacts upon other adjacent areas. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 • =M vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors, and can best be handled by requiring as a condition of development and use on said parcel that all development and use on and of the subject real property will be subject to a conditional use permit process. 20. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 21. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 21.1 Commercial and retail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states - The location of Community Shopping Centers should be guided by performance and development standards which consider that Commercial Activity Centers be located in proximity to other commercial developments and minimize impacts upon other adjacent areas. 21.2 The Commercial Policies Section states - Community Shopping Centers will be encouraged to locate at arterial intersections and near high -traffic intensity areas. 22. The property can be physically serviced with City water and sewer, if applicant extends the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 4.2 The Commercial Policies Section states - Community Shopping Centers will be encouraged to locate at arterial intersections and near high -traffic intensity areas. 5. The requested zoning of Meridian Community Business District (CC), is defined in the Zoning Ordinance at 11-2-408 B 9 of the Revised and Compiled Ordinances of the City of Meridian, as follows: (C -C) Community Business District: The purpose of the (C -C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 8. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 9. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 13.09 acres to Community Business District Zone (C -C) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 13.09 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement, and such Development FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 I Agreement shall also include and contain the conditions of and for the real property which is the subject of the rezoning application Case No. RZ-99-007, that provides in the event the conditions therein are not inet by the Owner/Developer that the property shall be subject to re -zone and/or de -annexation, with the City of Meridian, which provides for the following conditions of use and development to -wit: Conditions of Use: 17.1 All development and uses for and of the proposed development shall be developed under the conditional use permit process as a planned development. Conditions of Development: 17.2 Dedicate sufficient additional right-of-way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 17.3 Dedicate 76 -feet of right-of-way (38 -feet from the centerline) for Records Drive from Fairview Avenue to a point 300 -feet south of Fairview Avenue and 60 -feet of right-of-way (30 -feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. 17.4 Construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822 -feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 17.5 Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 east property line. 17.6 Construct a maximum of three driveways on Fairview Avenue a minimum of 440 -feet for a full access driveway and 220 -Feet for a right- in/right-out driveway from any public street intersection and 220 -Feet from all existing or proposed driveways. The maximum driveway width will be 40 -feet with a minimum storage length of 100 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15 -foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. 17.7 Construct Records Drive as a 65 -foot street section (with curb, gutter and 5 -foot wide concrete sidewalk) from Fairview Avenue to a point 300 -feet south of Fairview Avenue. Records Drive shall be located approximately 2,100 -feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300 -feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 17.8 Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left -turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. 17.9 A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175 -feet south of Fairview Avenue and aligned or offset 150 -feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30 -foot curb return driveway with 15 -foot curb radii. The minimum storage length shall be 50 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 17. 10 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 17.11 Applicant shall submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State Tax Commission for the rezone. 17.12 Applicant shall prepare and submit a subdivision plat for any splitting of property. 17.13 Applicant shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C -C) Community Business District (§ 11-2-408 B 9 of the Revised and Compiled Ordinances of the City of Meridian). 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in § 1 1-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the Citv of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of ROLL CALL 1999. COUNCILMAN RON ANDERSON VOTED COUNCILMAN GLENN BENTLEY VOTED COUNCILMAN KEITH BIRD VOTED COUNCILMAN CHARLIE ROUNTREE VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 y MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. C City Clerk Dated: msef AWork\M\Meridian t S360MADevelopers DiversifiedWZFfCIs FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-0 t 2 JUSTIN P. AYLSWORTH KATHY J. EOWAROS JULIE KLEIN FISCHER WM. F. GIGRAY. [it D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS* CHRISTOPHER S. NYE 'ALSO ADMITTED IN OR "ALSO ADMITTED 114 WA WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW PHILIP A. PETERSON 200 EAST CARLTON AVENUE. SUITE 31 STEPHEN L. PRUSS POST OFFICE BOX I ISO ERIC S. ROSSMAN MERIDIAN, IDAHO 83680-1150 TODD A. ROSSMAN TEL (208) 288.2499 R. STEPHEN RUTHERFORD FAX (208) 288.2501 DAVID M. SWARTLEY TwENCE R. WHITE" Email via Internet « wl�,�u2Kppmg.eom November 15, 1999 William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 147 NAMPA. IDAHO 83653.0147 TEL (208)466.9Z71 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE VF Nov 1 0 1999 City of Meridian City Clerk Office Re: DEVELOPERS DIVERSIFIED REALTY CORP. / ANNEXATION AND ZONING ORDINANCE (AZ -99-012) Dear Will: Please find enclosed the above ordinance for the annexation and zoning for the Alice Culver. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning are adopted, and the Development Agreement has been signed by the owners and developers. Also, please note in Section 5 you will need to fill in the date when the Development Agreement has been executed. If you have any questions arise, please advise. msg\7:\work\hl\NIcridiin 1 5360M\Dcvclopers DiversiFcd\Clerk on Ord Ltr.,vpd ,t CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAID LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN. COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED COMMUNITY BUSINESS DISTRICT (C -C); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A parcel of land located in the NW 1/4 of the NE 1/4 of Section 9, T. 3N., R. I E., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the N 1/4 corner of said Section 9 from which the NE corner of said Section 9 bears South 89°22'32" East, 2659.01 feet; thence along said section line South 89'22'10" East, 708.49 feet; thence leaving said section line South 00°37'28" West, 47.09 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30); thence leaving said South right-of-way line South 14°59'32" West, 276.87 feet; ANNEXATION AND ZONING ORDINANCE - 1 thence South 00°48'14" West, 554.06 feet; thence North 89°35'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 00°48'14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Community Business District (C -C). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the Citv of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of , 1999. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in ANNEXATION AND ZONING ORDINANCE - 2 a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance Nvith Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDLAN, IDAHO, this day of 1999.. , APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 1999. MAYOR ATTEST: CITY CLERIC ANNEXATION AND ZONING ORDINANCE - 3 STATE OF IDAHO,) ss. County of Ada On this day of , 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: ey\ZAWork\M\Meridian 15360M\Developers DiversifiedWZ.ORD ANNEXATION AND ZONING ORDINANCE - 4 •M7,ln •t• •t • I ••_•J .. DEVELOPMENT AGREEMENT - (AZ -99.012 And RZ-99-(X)7) - 23 interoffice MEMORANDUM To: From: Subject: Date: William G. Berg, Jr. Wm. F. Gigray, III REGEIVZD �v c V , 9- ,any CITY OF MERIDIAN DEVELOPERS DIVERSIFIED REALTY CORP./DAKOTA COMPANY, INC./ RZ-99-007 November 15, 1999 ffi Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE, for the above matter. Additionally, I have enclosed the original of the RZ Ordinance, along with the Certification of the Clerk. After the adoption of the Findings of Fact, and then the RZ Ordinance may then be addressed before Council. When the ordinance becomes effective, please direct the City Engineer to comply with Section 3 of said ordinance. Also, please make sure the ordinance is recorded. Please serve conformed copies of the Findings upon the Applicant, Planning and Zoning, Public Works and the City Attorney. If you have any questions, please advise. msg/ZAWork\M\Meridian 15360M\Developers Divers ified\FtClsDecOrdClkRZ. [Er BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY 1 1.4 ACRES FOR EXPANSION OF MERIDIAN FAMILY CENTER/CROSSROADS MALL DEVELOPER DIVERSIFIED REALTY CORP/DAKOTA CO., Applicant. 11-11-99 Case No: RZ-99-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 11.4 acres having come on for public hearing on November 3, 1999, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and Shari Stiles, Planning and Zoning Administrator, and Larry Durkin of Developers Diversified Realty Corp/Dakota Company, Inc., for the Applicant, appeared and testified, and no one appeared in opposition to the request, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City - Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL/ (RZ-99-007) -I FINDINGS OF FACT The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for November 3, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the November 3, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416Fr and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 2 1i, 4 l• Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the Citv of Meridian adopted December 21, 1993, Ordinance No. 629 — January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 1 1.4 acres in size. The property is generally located V-, mile east of Eagle Road south of Fairview Avenue, in Meridian, Idaho, and is described as follows: A parcel of land located in the NE 1/4 of the NW 1/4 of Section 9, T. 3N., R. IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 5, 8 and the said Section 9, thence South 89°22' 10" East, 2659.63 feet to the 1/4 corner common to said Sections 4 and 9; thence South 0048'14" West, 49.74 feet to a point on the southerly right-of-way of Fairview Avenue, said point being the Real Point of Beginning. Thence continuing along the north -south mid-section line South 0'48'14" West, 83 1. 11 feet to a point; Thence North 89°35'32" West, 596.18 feet to a point; Thence North 0°25'00" East, 831.11 feet to a point on the southerly right-of-way of Fairview Avenue; Thence along said right-of-way South 89°35'24" East, 601.79 feet to the Real Point of Beginning. Containing 11.42 acres (497,816 square feet), more or less. – 5. The real property which is the subject of this application will be joined and developed with the real property which is the subject of a companion FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 3 application in action "In the ivlatter of the Application of Developer Diversified Realty Corp., the Application for Annexation and Zoning of 13.09 acres for Expansion of Family Center and Crossroads Mall, 4000 E. Fairview Ave., Meridian, Idaho" [AZ -99-012). 6. The owner of record of the subject property is Developers Diversified Realty Corp., of 3300 Enterprise Parkway, Beechwood, Ohio. 7. The Applicant is the owner of record. 8. The property is presently zoned as Meridian Light Industrial (I- L), and is currently vacant. 9. The Applicant requests the property be rezoned to Community Business District (CC), defined in Section 11-2-408 B 9 of the Revised and Compiled Ordinances of the City of Meridian. 10. The proposed site is surrounded by Crossroads Subdivision to the south, Terrace Lawns Memorial Gardens to the east, agricultural land to the north and the Meridian Family Center/Meridian Crossroads Mall to the west. 11. The subject property is within city limits of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the FINDINGS OF FACT AND CONCLUSIONS OF LAW -- AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL/ (RZ-99-007) - 4 following manner: continued construction and development of the wleridian Family Center/Meridian Crossroads Mall. 14. The Applicant's requested rezoning of the subject real property as Community Business District (CC) is consistent with the commercial designation pending with the Meridian City Council on amendment of the Meridian Comprehensive Plan Generalized Land Use Map which would designate the subject property as Commercial, there is a pending application for amendment to the Comprehensive Plan from Single Family Residential to Commercial. If the Comprehensive Plan change is granted, this application would be consistent with the Comprehensive Plan Generalized Land Use Map. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. The subject application for rezone and the proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 16.1 Commercial and retail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states - The location of Community Shopping Centers should be guided by performance and development standards which consider that Commercial Activity Centers be located in proximity to other commercial developments and minimize impacts upon other adjacent areas. 16.2 The Commercial Policies Section states - Community Shopping FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL/ (RZ-99-007) - 5 Centers will be encouraged to locate at arterial intersections and near high -traffic intensity areas. 17. In review of the application for rezone it is provided at Section 1 1-2-416K of the Municipal Code for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 17.1 The area included in the zoning amendment is not intended to be rezoned in the future; 17.2 That the applicant is agreeable to a requirement that all development of the subject real property be accomplished under the conditional use process, which is found as a reasonable condition of granting the application to be imposed by a development agreement; 17.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions of the conditional use process; 17.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 17.5 The area will be served adequately by essential public - facilities and services such as highways, streets, police artd fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; FINDINGS OF FACT AND CONCLUSIONS OF LAW -- AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL/ (RZ-99-007) - 6 1 11 4 17.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community, subject to the conditions of rezone in conjunction with the conditions of development as required in the Development Agreement required in AZ -99-012 "In the Matter of the Application of Developer Diversified Realty Corp., the Application for Annexation and Zoning of 13.09 acres for Expansion of Family Center and Crossroads Mall, 4000 E. Fairview Ave., Meridian, Idaho" set forth as follows: 17.6.1 Dedicate sufficient additional right-of-way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 17.6.2 Dedicate 76 -feet of right-of-way (38 -feet from the centerline) for Records Drive from Fairview Avenue to a point 300 -feet south of Fairview Avenue and 60 -feet of right-of-way (30 -feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. 17.6.3 Construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822 -feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 17.6.4 Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL/ (RZ-99-007) - 7 V 1r 4 l 7.6.5 Construct a maximum of three driveways on Fairview Avenue a minimum of 440 -feet for a full access driveway and 220 -feet for a right-in/right-out driveway from any public street intersection and 220 -feet from all existing or proposed driveways. The maximum driveway width will be 40 -feet with a minimum storage length of 100 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15 -foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. 17.6.6 Construct Records Drive as a 65 -foot street section (with curb, gutter and 5 -foot wide concrete sidewalk) from Fairview Avenue to a point 300 -feet south of Fairview Avenue. Records Drive shall be located approximately 2,100 -feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300 -feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 17.6.7 Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre- emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to - allow the future construction of dual left -turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 8 1 4.R 1 17.6.8 A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175 -feet south of Fairview Avenue and aligned or offset 150 -feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30 -foot curb return drivewav with 15 -foot curb radii. The minimum storage length shall be 50 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 17.6.9 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 17.6.10 Applicant shall submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State Tax Commission for the rezone. 17-6.11 Applicant shall prepare and submit a subdivision plat for any splitting of property. 17.6.12 Applicant shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 17.7 The proposed use will not involve a use, activity, process, material, equipment and condition of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, subject to the conditions of the conditional use process; 17.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets, subject to the conditions of development herein imposed as conditions of granting this application; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL/ (RZ-99-007) - 9 :IL } 17.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 17.10 The proposed zoning amendment is in the best interest of the Citv of Meridian. 18. The legal description of the property that is the subject of this application for re -zone is as follows: A parcel of land located in the NE 1/4 of the NW 1/4 of Section 9, T. 3N., R. 1 E., B. M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 5, 8 and the said Section 9, thence South 89'22'10" East, 2659.63 feet to the 1/4 corner common to said Sections 4 and 9; thence South 0'48'14" West, 49.74 feet to a point on the southerly right-of-way of Fairview Avenue, said point being the Real Point of Beginning. Thence continuing along the north -south mid-section line South 0'48'14" West, 831.11 feet to a point; Thence North 89°35'32" West, 596.18 feet to a point; Thence North 0°25'00" East, 831.11 feet to a point on the southerly right-of-way of Fairview Avenue; Thence along said right-of-way South 89°35'24" East, 601.79 feet to the Real Point of Beginning. Containing 11.42 acres (497,816 square feet), more or less. CONCLUSIONS OF LAW - 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and FINDINGS OF FACT AND CONCLUSIONS OF LAW -- AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL/ (RZ-99-007) - 10 responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 3. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 3.1 Commercial and retail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states - The location of Community Shopping Centers should be guided by performance and development standards which consider that Commercial Activity Centers be located in proximity to other commercial developments and minimize impacts upon other adjacent areas. 3.2 The Commercial Policies Section states - Community Shopping Centers will be encouraged to locate at arterial intersections and near high -traffic intensity areas. 4. The requested zoning of Community Business District, (C -C) is defined in the Zoning Ordinance at I 1-2-408B(9) as follows: (C -C) Community Business District: The purpose of the (C -C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encou-rage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. 5. Idaho Code § 67-6511 provides and requires that the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - l l shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended %vith particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public -' services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 6. Idaho Code § 67-6511A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 7. The City of Meridian by the adoption of § 1 1-2-416L has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. follows: 8. § 11-2-407 A ZONING DISTRICT MAP provides in part as The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown FINDINGS OF FACT AND CONCLUSION S,OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 12 9.4 There has been gno change in the area or adjacent areas which would dictate the area should be rezoned. 9.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 9.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 9.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 9.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of,the community; 9.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 9.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 9.11 The use will not result in the destruction, loss or damage of a - natural or scenic feature of major importance; and 9.12 The proposed zoning amendment is in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL/ (RZ-99-007) - 14 II 6 M on the Official Zoning Map, the following shall apply: 8.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 8.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 8.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and 8.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 9. § 1 1-2-416 I< of the Municipal Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 9.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 9.2 The area is not intended to be rezoned in the future. 9.3 The area is intended to be developed in the fashion that is allowed under the new zoning. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 13 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: The Applicant's request for rezone of approximately 1 1.4 acres for continued construction and development of the Meridian Family Center/Meridian Crossroads Mall is, granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The City Attorney was directed in Case No. AZ -99-012 to prepare a development agreement in accordance with the general form used by the City of Meridian for such agreements, with the following special terms and conditions which also relate to in this application to -wit: 2.A That the Development Agreement shall also include and contain the conditions of and for the real property which is the subject of rezoning application, Case No. RZ-99-007. Conditions of Use: 2.1 All development and uses for and of the proposed development shall be developed under the conditional use permit process as a planned development. - Conditions of Development: 2.2 Dedicate sufficient additional right-of-way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right- of-way shall be dedicated by means of recordation of a final FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL/ (RZ-99-007) - 15 subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 2.3 Dedicate 76 -feet of right-of-way (38 -feet from the centerline) for Records Drive from Fairview Avenue to a point 300 -feet south of Fairview Avenue and 60 -feet of right-of-way (30 -Feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a Final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. 2.4 Construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822 -feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 2.5 Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. 2.6 Construct a maximum of three driveways on Fairview Avenue a minimum of 440 -feet for a full access driveway and 220 -feet for a right-in/right-out driveway from any public street intersection and 220 -feet from all existing or proposed driveways. The maximum driveway width will be 40 -feet with a minimum storage length of 100 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15 -foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. 2.7 Construct Records Drive as a 65 -foot street section (with curb, gutter and 5 -foot wide concrete sidewalk) from Fairview Avenue to a point 300 -feet south of Fairview Avenue. Records Drive shall be located approximately 2,100 -feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL/ (RZ-99-007) - 16 300 -feet south of Fairview. Dedicate sufficient right-of-wav for the noted improvements. 2.8 Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACRD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ADHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left -turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation, Submit the signal design to District staff for approval prior to construction. 2.9 A maximum of three driveways are approved on Records south of The driveways shall be-located.a minimum of 175 Fairview Avenue and aligned or offset 150 -feet from all existing or proposed driveways. The driveways. shall be constructed as 24 to 30 -foot curb return driveway with 15 -foot curb radii. The minimum storage length shall be 50 -feet. Install.a. 36" by 36" high intensity STOP sign at the driveway's intersection with 'Presidential Drive. 2.10 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 2.11 Applicant shall submit a revised legal description to meet all of t the criteria required by Meridian City Resolution 158, and the Idaho State Tax Commission for the rezone. 2.12 Applicant shall prepare and submit a subdivision plat for any - splitting of property. - 2.13 Applicant shall satisfy all fire code requirements including those er flow and fire hydrants. pertaining to wat FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 17 0" fid` w 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re -designation of the zoning for the real property which is the subject of the application to (C -C) Comnuinity Business District (§ 1 1-2-408 B (9) of the Revised and Compiled Ordinances of the City of Meridian) which ordinance shall be considered for passage subsequent to the applicant having executed the development agreement. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in § 1 1-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the rezoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 18 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on , 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN GLENN BENTLEY VOTED COUNCILMAN KEITH BIRD VOTED COUNCILMAN CHARLIE ROUNTREE VOTED MAYOR ROBERT CORRIE (TIE BREAKER) VOTED — DATED: MOTION: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL/ (RZ-99-007) - 19 APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. Dated: City Clerk msg/ZAWork\M\Mcridian 15360M\Dcve1opers Divcrsificd\FfsC1s0rderREZ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL/ (RZ-99-007) - 20 '* ;t. <v described as: A parcel of land located in the NE 1/4 of the NW 1/4 of Section 9, T. 3N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 5, 8 and the said Section 9, thence South 89°22'10" East, 2659.63 feet to the 1/4 corner common to said Sections 4 and 9; thence South 0048'14" West, 49.74 feet to a point on the southerly right-of-way of Fairview Avenue, said point being the Real Point of Beginning. Thence continuing along the north -south mid-section line South 0°48'14" West, 83 1. 11 feet to a point; Thence North 89035'32" West, 5 96. 18 feet to a point; Thence North 0025'00" East, 831.1 1 feet to a point on the southerly right-of-way of Fairview Avenue; Thence along said right-of-way South 89035'24" East, 601.79 feet to the Real Point of Beginning. Containing 11.42 acres (497,816 square feet), more or less. SECTION 2. That the above-described Property be, and the same is hereby re- zoned and designed (C -C) Community Business District. SECTION 3. That the City Engineer is hereby direct to alter all use and area maps as well as the official zoning maps depicting the City of Meridian land use zones in accordance with this ordinance. SECTION 4: The zoning designation set forth in Section 2 of this ordinance is DEVELOPERS DIVERSIFIED REALTY CORP/DAKOTA COMPANY (C -C) RE -ZONE ORDINANCE - 2 subject to the terns and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section I dated the day of 1999. SECTION 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6. This -ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this _ day of , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this _ day of , 1999. Mayor ATTEST: City Cleric DEVELOPERS DIVERSIFIED REALTY CORP/DAKOTA COMPANY (C -C) RE -ZONE ORDINANCE - 3 CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION FOR REAL PROPERTY THAT LIES WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN FROM I -L (LIGHT INDUSTRIAL) ZONING DISTRICT TO C -C (COMMUNITY BUSINESS DISTRICT) AS DEFINED UNDER §11-2-408B(9) OF THE MUNICIPAL CODE OF THE CITY OF MERIDIAN, REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID REZONING DESIGNATION TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: 1. The owner of the following described property has made a written request for a re -zone of the zoning classification for the subject Real Property herein described from I -L (Light Industrial) District to C -C (Community Business District as defined under §11-2- 408B(9) of the Municipal Code of the City of Meridian; and 2. The City of Meridian Planning and Zoning Commission and City Council having given notice and conducted all public hearingsin accordance with law and having issued its findings of fact and conclusions of law and Decision and Order granting the application for rezone; and 3. The real property which is the subject of this ordinance is legally DEVELOPERS DIVERSIFIED REALTY CORP/DAKOTA COMPANY (C -C) RE -ZONE ORDINANCE - 1 STATE OF IDAHO,) : ss. County of Ada. ) On this day of , 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: MSG AWorkVvf\ Meridian 15360MkDevelopers Divcrsificd\RZOrdinancc DEVELOPERS DIVERSIFIED REALTY CORP/DAKOTA COMPANY (C -C) RE -ZONE ORDINANCE - 4 MARCH 17, 2000 AZ 99-012 MERIDIAN CITY COUNCIL MEETING: MARCH 21 2000 APPLICANT: DEVELOPER'S DIVERSIFIED' AGENDA ITEM NUMBER: REQUEST: ORDINANCE - ANNEXATION AND ZONING OF 13.09 ACRES TO C -C FOR PROPOSED SHOPPING CENTER AGENCY COMMENTS CITY CLERK: SEE ATTACHED ORDINANCE CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED COMMUNITY BUSINESS DISTRICT (C -C); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A parcel of land located in the NW 1/4 of the NE 1/4 of Section 9, T. 3N., R. IE., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the N1/4 corner of said Section 9 from which the NE corner of said Section 9 bears South 89°22'32" East, 2659.01 feet; thence along said section line South 89°22'10" East, 708.49 feet; thence leaving said section line South 00°37'28" West, 47.09 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30); thence leaving said South right-of-way line South 14°59'32" West, 276.87 feet; ANNEXATION AND ZONING ORDINANCE - 1 thence South 00°48'14" West, 554.06 feet; thence North 89°35'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 00°48'14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Community Business District (C -C). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of 1999. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in ANNEXATION AND ZONING ORDINANCE - 2 a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of . 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 1999. MAYOR ATTEST: CITY CLERIC ANNEXATION AND ZONING ORDINANCE - 3 STATE OF IDAHO,) : ss. County of Ada. ) On this day of , 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: ey\Z:\Work\M\Meridian 15360M\Developers DiversifiedWZ.ORD ANNEXATION AND ZONING ORDINANCE - 4 MNH-Stiles ; Planning and Zoning Administrator 200 E. Carlton, Ste. #201 Meridian, Idaho 83642 Bruce Freckleton Public Works 200 E. Carlton, Ste. #100 Meridian, Idaho 83642 ATTN: LARRY DURIUN Dakota Company, Inc. 380 E. Parkcenter Blvd., Ste. 100 Boise, Idaho 83706 Re: 1D.evelopersDiv_erslfledDeve1^opment-Agreement (AZ -99-012 and RZ-99-007) Dear Shari, Bruce and Mr. Durkin: Please find enclosed a copy of the revised Development Agreement which -has been struck through and underlined so you can see the changes. These changes are pursuant and as a result of our meeting held on January 13, 2000. Please note that I have not included some of the provisions that would basically change the City's form. I have modified the provision in section 23.1 to allow some staff authority to revise development conditions as required or preferred by ACHD Staff. As far as agreeing to. a phasing, this should have been requested at the 4 ¢' JAN 3 1 2600 WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. �. AIV I , ATTORNEYS AT LAW �CI� 1)L O11li�4iA w t - JULIE KLEIN FISCHER PHILIP A. PETERSON 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE WM. R GIORAY, III STEPHEN L. PRuss POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH BRENT JOHNSON ERIC S. ROSSMAN MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247 D. SAMUEL JOHNSON TODD A. ROSSMAN TEL (208) 288.2499 NAMPA, IDAHO 83653.0247 WILLIAM A. MORROW DAVID M. SWARTLEY FAX (208) 288-2501 TEL (208) 466-9272 WILLIAM F. NICHOLS• TERRENCE R. WHITE" FAX (208) 466.4405 CHRISTOPHER S. NYE Email via Internet @ wfg@wppmg.com •ALSO ADMITTED IN OR **ALSO ADMITTED IN WA PLEASE REPLY TO MERIDIAN OFFICE January 28, 2000 MNH-Stiles ; Planning and Zoning Administrator 200 E. Carlton, Ste. #201 Meridian, Idaho 83642 Bruce Freckleton Public Works 200 E. Carlton, Ste. #100 Meridian, Idaho 83642 ATTN: LARRY DURIUN Dakota Company, Inc. 380 E. Parkcenter Blvd., Ste. 100 Boise, Idaho 83706 Re: 1D.evelopersDiv_erslfledDeve1^opment-Agreement (AZ -99-012 and RZ-99-007) Dear Shari, Bruce and Mr. Durkin: Please find enclosed a copy of the revised Development Agreement which -has been struck through and underlined so you can see the changes. These changes are pursuant and as a result of our meeting held on January 13, 2000. Please note that I have not included some of the provisions that would basically change the City's form. I have modified the provision in section 23.1 to allow some staff authority to revise development conditions as required or preferred by ACHD Staff. As far as agreeing to. a phasing, this should have been requested at the 4 ¢' Shari Stiles, Planning and Zoning January 28, 2000 Page 2 time the application was filed. I have modified sections 15 and 16 to provide that the applications of those sections refer to section 7 "Conditions Governing Development of Subject Property", but I have not specified the subsections in section 7 as I do not believe it is necessary, and in the event there is a revision it lessens the chances for a mistake. I await your review prior to sending the original to the City Cleric's office. Very truly yours, Wm. F. Gig y, I1 Enclosure msp/Z:\Worlc\M\Meridian 15360M\Developers Diversified\StilesFreckDurldn0125001tr DEVELOPMENT AGREEMENT 01-31-00 PARTIES: 1. Citv of Meridian 2. Developers Diversified Realty Corporation, developer, for (AZ -99-012) and (RZ-99-007) 3. Daniel Gibson and Carolyn Gibson, owner, for (AZ -99- 012) 4. Terrace Lawn Memorial Gardens, owner, for (AZ -99-012) 5. Hermes Associates. LTD. a Utah Limited Partnership. owner. (RZ-99-007) THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of 449-9 2006, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and DEVELOPERS DIVERSIFIED REALTY CORPORATION, "G`^� " "DEVELOPER" whose address is 3300 a� rrrn n c Enterprise Parkway, Beachwood, Ohio =14122, n E ��nPERS 9INIE SIFIE4) n s � t �� r=no nnn n-rT N �� .._, �-�r�r r�}t ��'�r�:vr-r-��rr-�-P��, ._.. , t hefe aftet- e.-tileti "-9 ;1ET G and HERMES ASSOCIATES. LTD. A UTAH LIMITED PARTNERSHIP. "OWNER" whose address is 455 E. 500 S.. Suite 400, Salt Lake Citv. Utah 84111. and DAINIEL GIBSON AND CAROLYN GIBSON, "OWNER" whose address is 19500 Highway 2026, Caldwell, Idaho, and TERRACE LAWN MEMORIAL GARDENS, "OWNER" whose address is 1200 N. Cloverdale Road, Boise, Idaho. RECITALS: 1.1 WHEREAS, "Gibson" and "Terrace Lawn Memorial Gardens" are the owners, in law and/or equity, of certain tract of land in the Countv of Ada. State of Idaho, described in E.diibit A, which is J attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property 1`7 and nFVFT nPMFNT ACrRFFMFVT - (A7-99-012 and RZ-99-007) - 1 1.2 WHEREAS, "Develape " "OWNER" n -alvv, Gafpefatien Hermes Associates. LTD. a Utah Limited Partnership, is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in y Exhibit B, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property 2"; and 1.3 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.4 WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Code § § 11- 7-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and a 1.5 WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property I" described in Exhibit A, and has requested a designation of Community Business District (C -C), (Meridian City Code) Case No. AZ -99-012 - ; and 1.6 WHEREAS, "Developer" has submitted an application for rezone of the "Property 2" described in Exhibit B, and has requested a designation of Community Business District (C-C),(TMeridian Citv Code) Case No. RZ-99-007), and which will be developed in conjunction with Property 1. 1.7 WHEREAS, "Developer" has made representations at the public hearings and intends to develop the properties which are the subject of the above referenced proceedings as a inixed use shopping center - a to t ; and 1.5 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Propertys" held before the Planning - Zoning Commission, and DEVFLOPMENT AGREEMENT - (AZ -99-012 and RZ-99-007) - 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 1.9 WHEREAS, City Council, the day of 1999, has approved certain annexation and zoning Findings of Fact and Conclusions of Law and Decision and Order, Case No. AZ -99- 012, set forth in Exhibit C, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.10 WHEREAS, City Council, the day of 1999, has approved certain rezone Findings of Fact and Conclusions of Lav and Decision and Order, Case No. RZ-99-007,set forth in Exhibit D, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.11 WHEREAS, both the "Findings" require the "Developer" and "Owners" to enter into a development agreement before the City Council takes final action on annexation and zoning and re- zoning designation; and 1.12 "DEVELOPER" deems it to be in 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 1.13 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property I" and "Property 2" are developed, and the subsequent use of the "Properties" &r -e is. in accordance with the terms and conditions of this development agreement, herein being established as a result -of evidence received by the "City" in the proceedings for annexation and zoning and re -zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property o«a-iers and to ensure annexation and zoning designation is in accordance with DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-99-007) - 3 the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance 7#629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Developers Diversified Realty Corporation, and its successors, assigns and affiliates awning ail of afty poftion of "Pfapefty 1" and/of "Ptapet:t-y , whose address is 3300 Enterprise Parlavay, Beachwood, Ohio 44122, y, E-- Parkeentef Blvd., Sttite !90, Bar z—mo, the partie-�Yv_ developing sorid "Prope "Property 1" and/or "Property 2" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "OWNER I": means and refers to Owners of Property 1, Exhibit "A", Daniel Gibson and Carolvn Gibson, whose address is 19500 Highway 2026, Caldwell, Idaho, and Owner, Terrace Lawn titemorial Gardens, whose address is 1200 N. Cloverdale Road, Boise, Idaho. DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-99-007) - 4 3.4 "OWNER 2": means and refers to Owner of Property 2, Exhibit B, , 441 and Hermes Associates, LTD. a Utah Limited Partnershim whose address is 455 E. 500 S.. Suite 400, Salt Lake City. Utah 34111. 3.5 "PROPERTY I": means and refers to Property 1, owned by Daniel Gibson and Carolyn Gibson and Terrace Lawn Memorial Gardens, which are those certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A" and "A-1 ", attached -hereto and by this reference incorporated herein as if set forth' at length. 3.6 "PROPERTY 2": means and refers to Hermes Associates. LTD. a Utah Limited Partnership. those certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "B", attached hereto and by this reference incorporated herein as if set forth at length. J 4. For purposes of this Agreement, Owner 1's responsibilities shall be subject only to those provisions of this Agreement which make reference to Property 1, even though for ease of references there are numerous references to Developer/Owner. 5. USES PERMITTED BY THIS AGREEMENT: 5.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Se i 4-448-B-9, Meridian City Code § 11-7-2 1_ which are herein specified as follows: (C -C) Community Business District: The purpose of the (C- C) District is to permit the establishment of general business uses that.are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-99-007) - commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a planned development. For the constnection and development of a commercial shopping center. 5.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 6. DEVELOPMENT AS CONDITIONAL USE: "Developer/Owner 1/Owner 2" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning &- Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of anv buildings or improvements on the "Property I" and/or "Property 2". 7. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: TA "Developer/Owner 1/Owner 2" shall develop the "Property" in accordance with the following special conditions: 7.1 Dedicate sufficient additional right-of-way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right- of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior w issuance of any Certificate of Occupancy. 7.2 Dedicate 76 -feet of right-of-wav (38 -feet from the centerline) for Records Drive from Fairview Avenue to a point 300 -feet south of Fairview Avenue and 60 -feet of right-of-way (30 -feet from centerline) for Records Drive from that point to the south T)F.VF.T OPMENT AGREEMl NT - (AZ -99-012 and RZ-99-007) - 6 boundary of the parcel by means of recordation of a final subdivision plat_ or execution of a warranty deed. to Ada County Highwav District prior to issuance of a any Certificate of Occupancy. 7.3 Construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting Oke -site "Property 1" and "Property 2" (approximately 822 -feet total) prior to issuance of any Certificate of Occupancv. The construction plans for the development of any portion of "Property 1" or "Property 2" showing the sidewalk must be approved prior to issuance of a building permit for the respective P ortion of "Propertv 1" or "Property 2". 7.4 Prior to opening -nt any business on any portion of "Propertv 1" or "Propertv 2", construct pavement widening on Fairview Avenue adjacent the property upon which such store will open to add one eastbound lane from Records Drive to the east property line of such property. 7.5 Construct a maximum of three driveways on Fairview Avenue a minimum of 440 -feet for a full access driveway and 220 -feet for a right-in/right-out driveway from any public street intersection and 220 -feet from all existing or proposed driveways. The maximum drivewav width will be 40 -feet with a minimum storage length of 100 -feet. Install a 36" by 36" high intensity STOP sign at the drivewav's intersection with Fairview Avenue. Construct pavement tapers with 15 -foot radii. Coordinate the design, storage length and location of any proposed driveways with Ada Countv Highwav District staff. 7.6 Construct Records Drive as a 65 -foot street section (`with curb, gutter and 5 -foot wide concrete sidewalk) from Fairview Avenue to a point 300 -feet south of Fairview Avenue. Records Drive shall be located approximately 2,100 -feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two s6uthbound lanes are needed from Fairview Avenue to a point DEVELOPMENT AGREEMENT - (AZ=99-012 and RZ-99-007) - 300 -feet south of Fairview. Dedicate sufficient right-of-wav for the noted improvements. 7.7 Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left -turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. 7.8 A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175 -feet south of Fairview Avenue and aligned or offset 150 -feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30 -foot curb return driveway with 15 -foot curb radii. The minimum storage length shall be 50 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 7.9 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 7.10 Applicant shall submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State Taff Commission for the rezone. 7.11 Applicant shall prepare and submit a subdivision plat for any splitting of property. 7.12 Applicant shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. DEVELOPMENT :AGREEMENT - (AZ -99-012 and RZ-99-007) - 8 S. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer/Owner 1/Owner 2" or "Developer/Owner 1/Owner 2"'s heirs, successors, assigns, to comply with Sections ,6 S and 7 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 9. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer/Owner 1/Owner 2" consents upon default to the de - annexation and/or a reversal of the zoning designation of the "Propeny" to which the default applies subject to and conditioned upon the following conditions precedent to -wit: 9.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer/Owner 1/Owner 2" and if the "Developer/Owner 1/Owner 2" fails to cure such failure within six (6) months of such notice. 10. INSPECTION: "Developer/0-wrier 1/Owner 2" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 11. DEFAULT: 11.1 In the event "Developer/Owner 1/Owner 2", "Developer/Owner 1/Owner 2"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-99-007) - 9 0 "Property", this Agreement may be modified or terminated with respect to the "Property" which is in default by the "City" upon compliance with the requirements of the Zoning Ordinance. 11.2 A waiver by "City" of'any default by "Developer/O-vvner 1/Owner 2" of any one or more of the covenants or conditions hereof shall J apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. t. 12. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exl-iibitsj� at "Developer/Owner 1/Owner 2"'s cost, and submit proof of such recording to "Developer/Owner 1/Owner 2", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 13. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 14. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer/Owner 1/Owner 2", or -bv any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 14.1 In the event of a material breach of this Agreement, the parties agree that City" and "Developer/Owner 1/Owner 2" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-99-007) - 10 commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 14.2 In the event the performance of any covenant to be performed hereunder by either "Developer/Owner 1/Owner 2" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 15. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian Citv Code §12-5-3 of `'- e Metit4ian G ty £fie, to insure that installation of the improvements required in section 7 of this agreement, which the "Developer/Owner 1/Owner 2" agrees to provide, if required by the "City". 16. CERTIFICATE OF OCCUPANCY: The "Developer/Owner 1/Owner 2" agrees that no Certificates of Occupancy will be issued until all improvements required in section 7 of this agreement are completed, unless the "City" and "Developer/Owner 1/Owner 2" have entered into an addendum agreement stating when the improvements required in section 7 of this agreement will be completed in a phased developed; and in anv event, no Certificates of Occupancy shall be issued in any phase in which the improvements required in section 7 of this agreement have not been installed, completed, and accepted by the "City". 17. ABIDE BY ALL CITY ORDINANCES: That "Developer/Owner 1/Owner 2" agrees to abide by all ordinances of the City of Meridian and �e "Property I" and/or "Prooerty 2" as the case may be shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of. Meridian. DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-99-007) - 11 18. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: c/o City Engineer Developers Diversified Realty Corporation. City of Meridian 3300 Enterprise Parkway 33 E.'Idaho Ave. Beachwood, Ohio 44122 Meridian, ID 83642 ATTN: Eric i /[. Mallory C/O Dakota Company, Inc. with copy to: 380 E. Parkcenter Blvd., Suite 100 Boise, Idaho 83706 ATTN: Larry Durkin City Clerk City of Meridian OWNERS: 33 E. Idaho Ave. Merldian,,ID 83642 "Property 1" Daniel Gibson and Carolyn Gibson 19500 Highway 2026 Caldwell, Idaho Terrace Lawn Memorial Gardens 1200 N. Cloverdale Road Boise, Idaho "Property 2" Hermes Associates, LTD, a Utah Limited Partnership 455 E. D-00 S., Suite 400 Salt Lake Citv, Utah 84111 DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-99-007) - 12 1 S. I A pane shall have the- right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 19. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to anv other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive anv default, termination or forfeiture of this Agreement. 20. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 21. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer/Owner 1/Owner 2", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer/Owner 1/Owner 2" has fully performed its obligations under this Agreement. 22. INVALID PROVISION: If any provision of this'Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. I)F.VF?.nPMF.NT AGRFFViF,NT - (A7-99-012 and RZ-99-007) - 11 23. FINAL -AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer/Owner 1/Owner 2" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer/Owner 1/Owner 2" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change. addendum or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City,,. . 23.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment except that minor modification(s) of required improvements provided for in section 7 may be approved by City Public Worlcs and Planning and Zoning Staff. if such changes are required or preferred by Ada Countv Highway District Staff. 24. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the'Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Cleric. DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-99-007) - 14 i ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BY: Developers Diversified Realty Corporation, Developer ATTEST: By Resolution No. "Property 1 " BY: Daniel Gibson, Ovvner BY: Carolyn Gibson, Owner BY: Terrace Lawn Memorial Gardens k - Owner ATTEST: By Resolution No. T)F.VF.T.nPMFNT AGRF.FViF.NT - (A7.-99-012 and RZ-99-007) - 15 "Property 2" By: Hermes Associates, LTD, a Utah Corporation - President ATTEST: By Resolution No. CITY OF MERIDIAN BY: iVIAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-99-007) - 16 STATE OF IDAHO) :ss COUNTY OF ADA) On this day of in the year 2000, before me, a Notary Public, personally appeared -------------------- and I known or identified to me to be the persons who executed the instrument on behalf of Developers Diversified Realty Corporation and acknowledge to me having executed the same. (SEAL) Notary Public for Idaho Commission expires: STATE OF IDAHO) :ss COUNTY OF ADA) On this day of , in the year 2000, before me, a Notary Public, personally appeared Daniel Gibson and Carolyn Gibson, known or identified to me to be the persons who executed the instrument and acknowledge to me having executed the same. (SFAs,) Notary Public for Idaho Commission expires: DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-99-007) - 17 STATE OF IDAHO) :ss COUNTY OF ADA) On this day of , in the year 2000, before me, ------------------- a Notary Public, personally appeared and , known or identified to me to be the persons who executed the instrument on behalf of Terrace Lawn Memorial Gardens and acknowledge to me having executed the same. (SEAL) STATE OF ss COUNTY OF On this day of Notary Public for Idaho Commission expires: in the year 2000, before me„ -------------------- a Notary Public, personally appeared and , kno-wn or identified to me to be the persons who executed the instrument on behalf of Hermes Associates, LTD, a Utah Limited Partnership and acknowledge to me having executed the same. (SEAL) Notary Public for _ Commission expires: DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-99-007) - 1S W STATE OF IDAHO ) :ss County of Ada - ) On this day of in the year 2000, before me, a Nbtary Public, personally appeared Robert D. Corrie and William G. Berg know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such C1 TV executed the same. Ll (SEAL) Notary Public for Idaho Commission expires: msgiZAWorkUN41Meridian 15360N10evelopers Divers i[ied\DeveiopAgr DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-99-007) - 19 EXHIBIT A AZ -99-012 Legal Description Of Property 1 DEVELOPMENT AGREEMENT - 20 El NUBBLE ENGINEERING, INC. 9550 Bethel Court ■ Boise, Idaho 83709 208/322$992 ■ Fax 208/378-032, Project No. 9904000 April 30, 1999 DESCRIPTION FOR FAMILY CENTERS AT MERIDIAN ADDITIONAL PROPERTY ANNEXATION . A parcel of'land located in the NW1/4 of the NE1/4 of Section 9, T.3N.1 RAE., B.M., Ada County, Idaho; more particularly described as follows: Beginning at the N1/4 comer of said Section 9 from which the NE comer of said Section 9 bears South 89`22'32" East, 2659.01 feet; thence along said section line South 89'22'10' East, 708.49 feet; thence leaving said section line South 00'37'28' West, 47.09 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30); thence leaving said South right-of-way line South 14059'32" West, 276.87 feet; thence South 00'48'14" West, 554.06 feet; thence North 89'35'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 00'48'14" East, 871.76 fest to the Real Point of Beginning, containing 13.09 acres, more or less. 13Y-�;; JUL 2 2 1999 WERE H PUBM WORKS XPT_ GGC/vw/famiiycentersMerid-annex w s Prepares] by: HUBBLE ENGINEERING, INC. `` 7 Gregory G. Carter, P.L.S. F.XT4TRTT `°A" EXHIBIT A-1 AZ -99-012 Legal Description Of Property 1 (Parcel 1 and Parcel 2) 04/29/1999- 09:59 2083950696 TEs�,t_EvS L_, -,.ND TEALEY'S LAND 915 west Jester on —St3 et - B Boise, idahc 83702 SURVEYING FOX (2051 385-0696 El 0 Project. No.. 1882 Date: April 29, 1999 DESCRIPTION FOR TIM GIBSON – PARCEL I A parcel of land being a portion of the NW 1/4 of the NE 1/4 of Section 9, T.3N., as shown on Record of Survcy No. 1283, filed for record R. l E., B.M., Ada County, Idaho Boise, Idaho and more particularly described in the office of the Ada Count} Recorder, as follows: Commencing at an iron pin marking the North 1:4 corner of seid Section 9; thcrice along the centerline of said Section 9 South 00°48'35" West, formerly South OC°4" West, 49.24 feet to a br 4g'1ass cap on the South right-of-way line of Fairview Avenue, said point being the POINT OF BEGINNING; thence along said South right-of-way line South 89°35'00" East 432.45 feet to an iron pin; thence leaving said South right- of-way linethence South 00142'46' West 503.18 feet to an iron pin: North 89035'00" West 433.30 feet, formerly 433.25 feet, to an iron pin an said centerline of Section 9-. thenc: along said centerline North 00048'35' East, formyl" North 00148'14" East, 503.19 feet to the POINT OF BEGINNING, Said parte; of land contains 5.00 acres, more or less. Post -it* Fax Note 7671 ov° d D�01 Co.o.gc Co. Phone I FLX • Fax Cv.5y p,a.,,,,e.�ru.wI$A3-4.. s ,,s. Lob L�34 0 \fix X. -\ 04/29/1999 09:59 2083850696 rtru-`-YS Lallo 3-RVCY PAGE 02 ati 5 Nest Jetterson Street' - Boise. Idaho 63702 TEAL�`j'S LAND (208) 385-0636SURVEYING Fax (208) 385-0696 Project. No.: 1882 Date: April 29, 1999 DESCRIPTION FOR TIM GIBSON - PARCEL 2 A parcel of land being a portion of the NW 114 of the NE 1/4 of Section 9, T.3N., R.) E., B.M., Ada County, Idaho. and more particularly described as follows: Commencing at an iron pin marking the North 1!4 comer of said Section 9: thence along the centerline of said Section 9 South 0048'35" West, formerly South 00-48'14" West, 49.74 feet to a brass cap on the South right-of-waV line of Fairview A, enuc; thence along said South right-of-way line OF South 89'35'00" East 432.45 feet to an iron pin marking the POINT BEGINNING; thence continuing a point: thence leaving said South right -of - South 8935'00" East 276.21 feet to way line South 15°00'00" West 276.88 feet to a polar: thence South 0048'35" We51.554.06 feet to a point: thence North 89°35'00" west 640.79 feet to a point on said ccntcriinc of Section 9; thence along said centerline North 00048'35" East 318.83 feet to an iron pi n" thence leaving said centerline South 8935'00" East 433.30 feet to an iron pin: thence North 00042'46" East 503.18 feet to the POINT OF BEGINNING, Said parcel of land contains 7.30 acres, more or less. LAND 43 4 T �. oy C , , p.,...... o.iJ. ,u�,.�.s� . - r• -25/1'j77 u7-jI cua-ub ub'yb rAI�V1EV AVENUE 9 $ 89'35'00" E 1329.56- 00— .1 329.56- 00—.9 i ••fir a� � �.,,��r. T s z'•s �a 1 s �. rf �Y 3. z: x— c R� t'.it` r�r � _ _ ;�,•`� Dv�ov.G PARCEL 3 711.?90 .4.11 1w0 ml - 1 i 1 5 89'21'15' E 1335 85' Noi-30-1999 13:25 1-UM_E ENG 1 NEER I NG a G1NEF,q INC. 'P. HUBBLE ENGINEERING, 7 9550 Bethel Court . Boise, Idaho 83709 Rs. s '?L-c.rC(fl 9' Project No. 9925000 D.D.R.C. REMAINDER PARCEL PROPERTY DESCRIPTION 2081322-8992 . Fax 2081378-0329 November 30, 1999 A parcel of land located in the NE1/4 of cri/ Section l described asfollows:Commenc ng at the B.M., Ada County, Idaho, more particularly comer common to Sections 4, 5, 8 and the said Section 9; thence South 89°22'10" East, 2659.63 feet to h North-Southe jj4 mercod on ton line Sections 4 and 9-, thence South 0°48'14" West along 60.00 feet, to the REAL POINT OF BEGINNING; thence continuing along the North-South mid-section line -South 0°48'14" West 820.85 feet to a point; thence North 89°35'32" West, 569.33 feet to a point on the easterly right-of-way line of N. Records Ave.; thence along said right-of-way line for the following seven courses: 84.19 feet along a curve to the left to a point, said curve having a radius of 238.45 feet, a delta of 2013'46" and a long chord bearing North 1407'53" West, 83.75 feet; thence North 22°18'38" West, 2.62 feet to a point-, thence 57.89 feet along a curve to the left to a point, said curve having a radius of 143.75 feet, a delta of 23°04'30" and a long chord bearing North 10°24'03" West, 57.50 feet; thence North 00°25'00" East, 277.97 feet to a point; thence North 0237'35" East, 298.24 feet to a point; thence North 00°25'00" East, 78.20 feet to a point; Page 1 of 2 NOv-30-1999 13=25 NUBBLE ENGINEERING 208 3"73 ne of thence North 4531'25" East, 40.92 fes�ument Numbeg990728641iof Ada Co Ivry Avenue as created by warranty deed with In records: thence along said South right-of-way line South 491,667 square feet) m22'10" East, 567.23 f oret o� the Real Point of Beginning. Containing 11.29 acres less. :TRW/vw/DDRC-Remainder Prepared by: HUBBLE ENGINEERING, INC. o�p,L t_AN,O3, a 4 0 f Todd R. Waite, P.L.S. Pace 2 of 2 EXHIBIT B RZ-99-007 Legal Description Of Property 2 DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-99-007) - 22 v �. MAY 0 HUBBLE ENGINEERING, INC. CITY u ;ZjilDL 91-50 Bethel Court ■ Boise. Idaho 83709 208/322192 Fax 208?37 8 03 IEC'I NO. 9800100 OPTION AGREEMENT FEBRUARY 9,1998 PARCEL • _1_ CROSSROADS COMMERCIAL A PARCEL OF LAND LOCATED IN THE NE -1/4 OF THE NW1/4 OF SECTION 9, R.1E., B.M., ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 5, 8 AND THE SAID SECTION 9, THENCE SOUTH 89°22'10" EAST, 2659.63 FEET TO THE 1/4 CORNER COMMON TO SAID SECTIONS 4 AND 9; THENCE -SOUTH 0°48'14" WEST, 49.74 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF FAIRVIEW AVENUE, SAID POINT BEING THE REAL POINT OF BEGINNING. THENCE CONTINUING ALONG THE NORTH -SOUTH MID-SECTION LINE SOUTH 0`48'14" WEST, 831.11 FEET TO A POINT; THENCE NORTH 89°35'32" WEST, 596.18 FEET TO A POINT; THENCE NORTH 0025'00" EAST, 831.11 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF FAIRVIEW AVENUE; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 89'35'24" EAST, 601.79 FEET TO THE REAL POINT OF BEGINNING. CONTAINING 11.42 ACRES (497,816 SQUARE FEET), MORE OR LESS. GGCNW/CRcommPar5 PREPARED BY: HUBBLE ENGINT�RING, INC. 7729 FS . �12� Q. C GREGORY G. CARTER, P.L.S. EXHIBIT "B" 13 EXHIBIT C AZ -99-012 Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-99-007) - 23 ri F] t EXHIBIT D RZ-99-007 Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - (AZ -99-012 and RZ-99-007) - 24 interoffice NOV 18-1999 MEMORANDUM CITY OF �altl i�N Y.4ttlr ii tul l�► c1L � V,'+i a , To: William G. Berg, Jr. cc: Mayor Robert D. Corrie ,Shari-Stiles,_Plarininp l la mstrator, SENT 6�I7HG{1 t t Y �l r t bs From: Wm. F. Gigray, III11S ABSENCE TO l,f(15 ft�! AVO�G �:�E�AY Subject:Developer-Div-er fid Realty.Co /AZ -99-012 Date: November 18, 1999 Will: Pursuant to the Council's action on the 16th our office has prepared the revised Findings of Fact and Conclusions of Law, Decision and Order Granting Application for Annexation and Zoning in Case No. AZ -99-012. The revision has been done on page 5, number 15. Please enter the Findings, as now approved by Council. If you have any questions, please advise. Msg/Z*ork\M\Meridian 15360N40evelopers Diversified\Clerk111899.Mem A November 12, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 16, 1999 APPLICANT: DEVELOPERS DIVERSIFIED REALTY CORP/DAKOTA CO ITEM #: 7 REQUEST: ANNEXATION AND ZONING TO C -C OF 13.09 ACRES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE LETTER ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. November 16, 1999 J William G. Berg, Jr., City Cleric MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: DEVELOPERS DIVERSIFIED REALTY CORP. / ANNEXATION AND ZONING FINDINGS, DEVELOPMENT AGREEMENT, RESOLUTION AND CERTIFICATE OF CLERK CASE NO. AZ -99-012 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION POR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of November 3, 1999, and which are on the agenda for November 16, 1999. I have also attached the originals of the Resolution and Certificate of the Cleric for the Development Agreement. I have also attached hereto the Development Agreement for the above matter. After the Council meeting of November 16, 1999, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners for signatures. i 4-;v,, --�7 -% . --- WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P. P ATTORNEYS AT LAW JUSTIN P. AYLSWORTH PHILIP A. PETERSON 200 EAST CARLTON AVENUE, SUITE 31 KATHY J. EDWARDS STEPHEN L. PRUSS POST OFFICE BOX 1150 JULIE KLEIN FISCHER ERIC S. ROSSMAN MERIDIAN, IDAHO 83680-1150 WM. F. GIGRAY, III D. SAMUEL JOHNSON TODD A. ROSSMAN R. STEPHEN RUTHERFORD TEL (208) 288-2499 NAMrA, wAnU 0303.3-ut9r-- WILLIAM A. MORROW DAVID M. SWARTLEY FAX (208) 288-2501 TEL (208) 466.9272 FAX (208) 466.4405 WILLIAM F. NICHOLS* TERRENCE R. WHITE** CHRISTOPHER S. NYE Email Via Internet (i) NvfgCfi%vppmg.conl 'ALSO ADMITTED IN OR PLEASE REPLY TO --ALSO ADMITTED IN WAC�''j MERIDIAN OFFICE N o,8 ri 6 1999 ty of meridian City Clerk'Offica November 16, 1999 J William G. Berg, Jr., City Cleric MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: DEVELOPERS DIVERSIFIED REALTY CORP. / ANNEXATION AND ZONING FINDINGS, DEVELOPMENT AGREEMENT, RESOLUTION AND CERTIFICATE OF CLERK CASE NO. AZ -99-012 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION POR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of November 3, 1999, and which are on the agenda for November 16, 1999. I have also attached the originals of the Resolution and Certificate of the Cleric for the Development Agreement. I have also attached hereto the Development Agreement for the above matter. After the Council meeting of November 16, 1999, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners for signatures. November 16, 1999 Page 2 PLEASE NOTE: There is only one Development Agreement for Case No. AZ -99-012 and RZ-99-007, because the developer has represented in its application, and at hearing, that these parcels will be developed together as a mixed use shopping center with the annexed property to be integrated into the existing shopping center project immediately to the west. I am of the opinion that that there is no need nor is it desired to prepare two separate Development Agreements. Please note additionally we have a special provision at section 4 which limits the owners, of the annexed property, responsibilities to the property they own. If this is not Council's pleasure please advise. Very truly your t M. r Ugray, III msg/Z:AWor1-,\M\Vleridian 15360M\Developers Diversified\FFU and DevAgtclk.ltr M 11-11-99 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF DEVELOPER DIVERSIFIED REALTY CORP., THE APPLICATION FOR ANNEXATION AND ZONING OF 13.09 ACRES FOR EXPANSION OF FAMILY CENTER AND CROSSROADS MALL, 4000 E. FAIRVIEW AVE., MERIDIAN, IDAHO Case No. AZ -99-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on November 3, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Larry Durkin from Developers Diversified Realty Corp., and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 zoning was published for two (2) consecutive weeks prior to said public hearing ' scheduled for November 3, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record'within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter. having been duly considered by the City Council at the November 3, 1999, public hearing; and the applicant, affected property owners, and government J subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code H 67-6509 and 67-6511, and HI1-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 Im and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 13.09 acres in size. The property is located at 4000 E. Fairview Ave., Meridian, Idaho, and described as follows: A parcel of land located in the NW 1/4 of the NE 1/4 of Section 9, T. 3N., R. IE., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the N1/4 corner of said Section 9 from which the NE corner of said Section 9 bears South 89°22'32" East, 2659.01 feet; thence along said section line South 89'22'10" East, 708.49 feet; thence leaving said section line South 00°37'28" West, 47.09 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30); thence leaving said South right-of-way line South 14°59'32" West, 276.87 feet; thence South 00'48'14" West, 554.06 feet; thence North 89°35'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 00°48'14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less. 5. The owner of record of the subject property is Terrace Lawn Memorial Gardens, Daniel and Carolyn Gibson of 19500 Hwy. 20/26, Caldwell, Idaho. 6. Applicant is Developers Diversified Realty Corp., of 3300 Enterprise Parkway, Beechwood, Ohio 7. The property is presently zoned by Ada County as Rural Transitional (R -T), and consists of a sod farm and cemetery. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 S. The real property which is the subject of this application will be joined ,and developed with the real property, which is the subject of a companion application in action "In the Matter of the Request for Rezone of approximately 11.4 acres for Expansion of Meridian Family Center/Crossroads Mall". 9. The Applicant requested the property be zoned as Meridian Community Business District (CC), Section 11-2-408 B (9) of the Revised and Compiled Ordinances of the City of Meridian. 10. The proposed site of the subject property is located east of Records drive, south of Fairview Ave. 11. The subject property is bordered to the east and south by Ada County Rural Transitional, to the southwest by Meridian Single Family Residential and to the west by Meridian Community Business District, to the north by Ada County Rural transitional and city limits of the City of Meridian are adjacent and abut to the west and southwest of the subject property. 12. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 13. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 14, The Applicant proposes to develop the subject property in the following FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 manner: construction and development of a commercial shopping center. 15. The Applicant requests zoning of the subject real property as Community Business (CC) which is�rest consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as erci 1. T ion for amendment to nsi e Plan from Sii-t57COMmer z han e is ra tion would be consistent 16. There are no significant or scenic features of major importance that affect the consideration of this application. 17. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Ada County Highway District as follows: 17.1 Dedicate sufficient additional right-of-way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 17.2 Dedicate 76 -feet of right-of-way (38 -feet from the centerline) for FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 Records, Drive from Fairview Avenue to a point 300 -feet south of Fairview Avenue and 60 -feet of right, of -way (30 -feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of'a final subdivision plat or execution of a warranty deed prior to issuance of a,any Certificate of Occupancy. 17.3 Construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822 -feet total) prior to issuance of any Certificate of Occupancy. The construction plans, for the development showing the sidewalk must be approved prior to issuance of a building permit. 17.4 Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. 17.5 Construct a maximum of three driveways on Fairview Avenue a minimum of 440 -feet for a full access driveway and 220 -feet for a right- in/right-out driveway from any public street intersection and 220 -feet from all existing or proposed driveways. The maximum driveway width will be 40 -feet with a minimum storage length of 100 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15 -foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. 17.6 Construct Records Drive as a 65 -foot street section (with curb, gutter and 5 -foot wide concrete sidewalk) from .Fairview Avenue to a point 300 -feet south of Fairview Avenue. Records Drive shall be located approximately 2,100 -feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 3004eet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 17.7 Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the ,satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors; and can best be handled by requiring as a condition of development and use on said parcel that all development and use on and of the subject real A property will be subject to a conditional use permit process. 20. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 21. The subject annexation request and zoning designation and proposed development relates and'is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 21.1 Commercial and retail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states - The location of Community Shopping Centers should be guided by performance and development standards which consider that Commercial Activity Centers be located in proximity to other commercial developments and minimize impacts upon other adjacent areas. 2 f.2 The Commercial Policies Section states - Community Shopping Centers will be encouraged to locate at arterial intersections and near high -traffic intensity areas. 22. The property can be physically serviced with City water and sewer, if applicant extends the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 I be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left -turn lanes on Fairview Avenue. The applicant will be responsible for the'entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. 17.8 A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175 -feet south of Fairview Avenue and aligned or offset 150 -feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30 -foot curb return driveway with 15 -foot curb radii. The minimum storage length shall be 50 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 17.9 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 18. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 17, and all sub -parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 19. It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex realproperty upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 1I- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.1 Commercial and retail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states - The location of Community Shopping Centers should be guided by performance and development standards which consider that Commercial Activity Centers be located in proximity to other commercial developments and minimize impacts upon other adjacent areas. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION -AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 4.2 The' Commercial Policies Section states - Community Shopping.Centers will be encouraged to locate at arterial intersections and near high -traffic intensity areas. 5. The requested zoning of Meridian Community Business District (CC), is defined in the Zoning Ordinance at 11-2-408 B 9 of the Revised and Compiled Ordinances of the City of Meridian, as follows: (C -C) Community Business District: The purpose of the (C -C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The a City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 8. The development of the property shall be subject to and controlled by the Zoning, and Subdivision and Development Ordinance of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIDEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 9. - Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development 'of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby. Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 13.09 acres to Community Business District Zone (C -C) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 13.09 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement, and such Development FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 Agreement shall also include and contain the conditions of and for the real property which is the subject of the rezoning application Case No. RZ-99-007, that provides"in the event the conditions therein are not met by the Owner/Developer that the property shall be subject to re -zone and/or de -annexation, with the City of Meridian, which provides for the following conditions of use and development to -wit: Conditions of Use: 17.1 All development and uses for and of the proposed development shall be developed under the conditional use permit process as a planned development. Conditions of Development: 17.2 Dedicate sufficient additional right-of-way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 17.3 Dedicate 76 -feet of right-of-way (38 -feet from the centerline) for Records Drive from Fairview Avenue to a point 300 -feet south of Fairview Avenue and 60 -feet of right-of-way (30 -feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. 17.4 Construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822 -feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 17.5 Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 east property line. 17.6 Construct a maximum of three driveways on Fairview Avenue a minimum of 440 -feet for a full access driveway and 220 -feet for a right- in/right-out driveway from any public street intersection and 220 -feet from all existing or proposed driveways. The maximum driveway width will be 40 -feet with a minimum storage length of 100 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15 -foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. 17.7 Construct Records Drive as a 65 -foot street section (with curb, gutter and 5 -foot wide concrete sidewalk) from Fairview Avenue to a point 300 -feet south of Fairview Avenue. Records Drive shall be located approximately 2,100 -feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300 -feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 17.8 Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left -turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. 17.9 A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175 -feet south of Fairview Avenue and aligned or offset 150 -feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30 -foot curb return driveway with 15 -foot curb radii. The minimum storage length shall be 50 -feet. Install a 36" by 36" high intensity STOP sign at the - driveway's intersection with Presidential Drive. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 17. 10 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. ,,.. 17.11 Applicant, shall submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158,'and~the Idaho State Tax Commission for the rezone. 3 17.12 Applicant shall prepare and submit a subdivision plat, for any splitting of property. 17.13 Applicant shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C -C) Community Business District (§ 11-2-408,B 9 of the Revised and Compiled Ordinances of the City of Meridian) 5. Subsequent,to -the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the pfficial boundaries and zoning maps as provided in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the annexation and zoning ordinance. k _ ;1 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 ANDaDECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 I NOTICE OF FINAL ACTION Please take notice that thins is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who�may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of , 1999. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO: AZ -99-012 VOTED VOTED VOTED VOTED VOTED MOTION: APPROVED: DISAPPROVED: Copy, served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and the City Attorney. Br- City Clerk Dated: Dated: msg/ZAWork\M\Meridian 15360M\Developers Diversified\AZFfCls FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ -99-012 WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH PHILIP A. PETERSON KATHY J. EDWARDS STEPHEN L. PRUSS JULIE KLEIN FISCHER ERIC S. ROSSMAN WM. F. GIGRAY, III TODD A. ROSSMAN D. SAMUEL JOHNSON R. STEPHEN RUTHERFORD WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM F. NICHOLS* TERRENCE R. WHITE" CHRISTOPHER S. NYE 'ALSO ADMITTED IN OR "ALSO ADMITTED IN WA William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288.2499 FAX (208) 288-2501 Email via Internet @ wlg@wppmg.com November 15, 1999 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE PK N 0 V 1 9 9 City of Meridian City Clerk Office Re: DEVELOPERS DIVERSIFIED REALTY CORP. / ANNEXATION AND ZONING ORDINANCE (AZ -99-012) Dear Will: Please find enclosed the above ordinance for the annexation and zoning for the Alice Culver. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Lav and Decision and Order Granting Application for Annexation and Zoning are adopted, and the Development Agreement has been signed by the owners and developers. Also, please note in Section S you will need to fill in the date when the Development Agreement has been executed. If you have any questions arise, please advise. Very truly F.`Gigray, III msg\Z:\work\M\Meridian 15360M\Developers Diversified\Clerk on Ord Ltr.wpd CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING. TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED COMMUNITY -BUSINESS DISTRICT (C -C); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE"OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A parcel of land located in the NW1/4 of the NE 1/4 of Section 9, T. 3N., R. IE., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the N1/4 corner of said Section 9 from which the NE corner of said Section 9 bears South 89°22'32" East, 2659.01 feet; thence along said section line South 89°22'10" East, 708.49 feet; thence leaving said section line South 00°37'28"West, 47.09 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30); thence leaving said South right-of-way line South 14°59'32" West, 276.87 feet; ANNEXATION AND ZONING ORDINANCE - 1 thence South 00'48'14" West, 554.06 feet; thence North 89°35'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 00°48'14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Community Business District (C -C). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of 1999. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in ANNEXATION AND ZONING ORDINANCE - 2 s a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 1999. MAYOR ATTEST: CITY CLERK ANNEXATION AND ZONING'ORDINANCE - 3 I STATE OF IDAHO,) ss. County of Ada. ) On this day of , 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: ey\ZAWork\M\Meridian 15360M\Developers Diversified\AZ.ORD ANNEXATION AND ZONING ORDINANCE - 4 4 JUSTIN P. AYLSWORTH KATHY J. EDWARDS JULIE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS* CHRISTOPHER S. NYE 1 .ALSO ADMITTED IN OR —ALSO ADMITTED IN WA WHITE, PETERSON, PRUSS, MORROW & GIGRA ATTORNEYS AT LAW PHILIP A. PETERSON 200 EAST CARLTON AVENUE, SUITE 31 STEPHEN L. PRUSS POST OFFICE BOX 1150 ERIC S. ROSSMAN MERIDIAN,• IDAHO 83680-1150 TODD A. ROSSMAN TEL (208) 288-2499 R. STEPHEN RUTHERFORD FAX (208) 288-2501 DAVID M. SWARTLEY TERRENCE R. WHITE** Internet Email via lnreer wt�a �vpP mg.com November 15, 1999 William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 4�m l JTH 7 247 PLEASE REPLY TO MERIDIAN OFFICE N011 a fi 1999 City of Meridian City Clerk Offiec- Re: DEVELOPERS DIVERSIFIED REALTY CORP. / ANNEXATION AND ZONING ORDINANCE (AZ -99-012) Dear Will: Please find enclosed the above ordinance for the annexation and zoning for the Alice Culver. Please.place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Lav and Decision and Order Granting Application for Annexation and Zoning are adopted, and the DevelopmentAgree ment has been signed by the owners and developers. Also, please note in Section 5 you will need to fill in the date when the Development Agreement has been executed. If you have any questions arise, please advise. Very truly Ours, F.'Gigray, III msg\Z,:\Work\M\Meridian 15360M\Developers Diversified\Clerk on Ord Lrr.wpd CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR A1INNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED COMMUNITY BUSINESS DISTRICT (C -C); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERIC OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A parcel of land located in the NW1/4 of the NE 1/4 of Section 9, T. 3N., R. IE., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the N1/4 corner of said Section 9 from which the NE corner of said Section 9 bears South 89°22'32" East, 2659.01 feet; thence along said section line South 89'22'10" East, 708.49 feet; thence leaving said section line South 00037'28" West, 47.09 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30); thence leaving said South right-of-way line South 14°59'32" West, 276.87 feet; ANNEXATION AND ZONING.ORDINANCE - 1 thence South 00°48'14" West, 554.06 feet; thence North 89°35'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; 1 E 1 thence along said North-South center line North 00°48'.14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3:' That the real property herein by this ordinance annexed to the City of Metidian hereinabove described shall be zoned Community Business District (C -C). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of , 1999. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in ANNEXATION AND ZONING ORDINANCE - 2 KATHY).FDWARDS `. JuuE KLEIN FrsC WM. F. GIORAY. IH D. SAMUEL JOHNSON WD.I.IAM A MORROW WH.[IAM F. Ni OLS CHRISTOPHER S. NYE PHII3P A PETERSON STEPHEN L. PRUSS FIHc S. RossMAN TODD A ROssMAN R. STEPHEN RUTHERFORD DAVID M. SWARTLEY TERs,ENCE R. WHITE WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW 200 EAST CARLTON AvENuE. SurrE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150, TEL (208)288-2499 FAX(208)238-2501 E .,,JAIL: RSRAWPPMG.COM October 27, 1999 Shari Stiles, Planning and Zoning Administrator Gary Smith, Chief Engineer 4 { E NAMPA OFFICE 104 9TM AVE. S. POST OFFICE Box 247 NAMPA IDAHO 83653_(047 TEL. (208)466-92'.2 FAX (208) 466-4405 PLEASE REPLY TO , MERIDIAN OFFICE Re: Annexation and Zoning of 13.09 acres for Expansion of Meridian Family Center/Crossroads Mall Applicant: Developers Diversified Realty Corp. Please find enclosed a copy of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced application. Please note this matter will be heard before the City Council on November, 1999. The City Council requests that you be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. If you disagree with those recommendations, please state which ones and the reasons. If you propose any additional recommendations, conditions, etc., please prepare your recommendations in writing so you may submit the same to the City Council at the hearing. J The Council appreciates vour attention to this request. It will assure that the Council has the benefit of understanding your position in this matter and it will help limit the need for testimony. t, Very truly yours 4 R. Steph n Rutherford Enclosure ev/Z:\Work\MWleridian 15360M\Developers DiversifiedWZpzEncltr BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 13.09 ACRES FOR EXPANSION OF FAMILY CENTER AND CROSSROADS MALL BY DEVELOPERS DIVERSIFIED REALTY CORP. Case No. AZ -99-012 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 13.09 acres in size. The property is located at 4000 E. Fairview Ave., Meridian. 2. The owner of record of the subject property is Terrace Lawn Memorial Gardens, Daniel and Carolyn Gibson of 19500 Hwy. 20/26, Caldwell, Idaho. 3. Applicant is Developers Diversified Realty Corp., of 3300 Enterprise Parkwav, Beechwood, Ohio. 4. The property is presently zoned by Ada Countv as Rural Transitional (R -T), `and consists of a sod farm and cemetery. 5. The Applicant requested the property be zoned as Meridian Communitv Business District (CC). 6. The proposed site of the subject property is located east of Records RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING - 13.09 acres - DEVELOPERS DIVERSIFIED REALTY CORP. fl a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 1999. -APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 1999. MAYOR ATTEST: CITY CLERK ANNEXATION AND ZONING ORDINANCE - 3 STATE OF IDAHO,) ss. County of Ada On this day of , 1999, before me, the undersigned, a Notary `Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: ey\ZAWork\M\Meridian 15360M\Developers Diversified\AZ.ORD ANNEXATION AND ZONING ORDINANCE - 4 19 a 4 Fairview Avenue to add one eastbound lane from Records Drive to the east property line: - 3E 1.5 Construct a maximum of three driveways on Fairview Avenue a minimum of 440 -feet for a full access driveway and 220 -feet for a right- in/right-out driveway from any public street intersection and 220 -feet from all existing or proposed driveways. The maximum driveway width will be 40 -feet with a minimum storage length of 100 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15 -foot radii. Coordinate the design, storage length, and location of any proposed driveways with District staff. 1.6 Construct Records Drive'as a 65 -foot street section (with curb, gutter and 5 -foot wide concrete sidewalk) from Fairview Avenue to a point 300 -feet south, of Fairview Avenue. Records Drive shall be located approximately 2,100 -feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300 -feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 1.7 Construct a traffic signal at the Fairview Avenue/Records-Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left -turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. 1.8 . A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175 -feet south of Fairview Avenue'and aligned or offset 150 -feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30 -foot curb return driveway with 15 -foot curb radii. The minimum storage length shall be 50 -feet. Install a 36" by 36" high intensity STOP sign at the RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING - 13.09 acres,- DEVELOPERS DIVERSIFIED REALTY CORP. drivewav's intersection with Presidential Drive. 1.9 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. The Planning and Zoning Commission offers the following additional comment: 1.10 Any development of these parcels shall go through the Conditional Use Permit process. Z:\Work\M\Meridian 15360M\Developers Diversified\AZpz.rec RECOMMENDATION TO CITY COUNCIL - S ANNEXATION AND ZONING - 13.09 acres - DEVELOPERS DIVERSIFIED REALTY CORP. 4- Q drive, south of Fairview Ave.. 7. The subject property is bordered to the east and south by Ada County Rural Transitional, to the southwest by Meridian Single Family Residential and to the west by Meridian Community Business District, to the north by Ada County Rural, transitional and city limits of the City of Meridian are adjacent and abut to the west and southwest of the subject property. 8. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: construction and development of a commercial shopping center. 11. The Applicant request zoning of the subject real property as Community Business (CC) which is not consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. There is a pending application for amendment to the Comprehensive Plan from Single Family Residential to .Commercial. If the Comprehensive Plan change is granted, this application would be consistent with the Comprehensive Plan RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - 13.09 acres - DEVELOPERS DIVERSIFIED REALTY CORP. 91 Generalized Land Use Map. 12. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the ,City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Recommendations of the Ada County Highway District as follows: 1.1 Dedicate sufficient additional right-of-way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 1.2 Dedicate 76 -feet of right-of-way (38 -feet from the centerline) for Records Drive from Fairview Avenue to a point 300 -feet south of Fairview Avenue and 60 -feet of right-of-way (30 -feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate. of Occupancy. 1.3 Construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822 -feet total) prior to issuance of any Certificate of Occupancv. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 1.4 Prior to opening of the development, construct pavement -,widening on RECOMMENDATION TO CITY COUNCIL - 3' ANNEXATION AND ZONING - 13.09 acres - DEVELOPERS DIVERSIFIED REALTY CORP. F October 29, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 3 1999 APPLICANT: DEVELOPERS DIVERSIFIED REALTY CORP/DAKOTA COMPANY ITEM #: 19 REQUEST: ANNEXATION AND ZONING TO C -C OF 13.09 ACRES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE RECOMMENDATION TO CITY COUNCIL CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 13.09 ACRES FOR EXPANSION OF FAMILY CENTER AND CROSSROADS ' MALL BY DEVELOPERS DIVERSIFIED REALTY CORP. Case No. AZ -99-012 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 13.09 acres in size. The property is located at 4000 E. Fairview Ave., Meridian. 2. The owner of record of the subject property is Terrace Lawn Memorial Gardens, Daniel and Carolyn Gibson of 19500 Hwy. 20/26, Caldwell, Idaho. 3. Applicant is Developers Diversified Realty Corp., of 3300 Enterprise Parkway, Beechwood, Ohio. 4. The property is presently zoned by Ada County as Rural Transitional r (R -T), and consists of a sod farm and cemetery. 5. The Applicant requested the property be zoned as Meridian Community Business District (CC). 6. The proposed site of the subject property is located east of Records RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING - 13.09 acres - DEVELOPERS DIVERSIFIED REALTY CORP. drive, south of Fairview Ave.. 7. The subject property is bordered to the east and south by Ada County Rural Transitional, to the southwest by Meridian Single Family Residential and to the west by Meridian Community Business District, to the north by Ada County Rural transitional and city limits of the City of Meridian are adjacent and abut to the west and southwest of the subject property. 8. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: construction and development of a commercial shopping center. 11. The Applicant request' zoning of the subject real property as Community Business (CC) which is not consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. There is a pending application for amendment to the Comprehensive_ Plan from Single Family Residential to Commercial. If the Comprehensive Plan change is granted, this application would be consistent with the Comprehensive Plan RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - 13.09 acres - DEVELOPERS DIVERSIFIED REALTY CORP. Fairview Avenue to add one eastbound lane from Records Drive to the east property line. 1.5 Construct a maximum of three driveways on Fairview Avenue a minimum of 440 -feet for a full access driveway and 220 -feet for a right- in/right-out driveway from any public street intersection and 220 -feet from all existing or proposed driveways. The maximum driveway width will be 40 -feet with a minimum storage length of I00 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15 -foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. 1.6 Construct Records Drive as a 65 -foot street section (with curb, gutter and 5 -foot wide concrete sidewalk) from Fairview Avenue to a point 300 -feet south of Fairview Avenue. Records Drive shall be located approximately 2,100 -feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300 -feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 1.7 Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left -turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. 1.8 A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175 -feet south of Fairview Avenue and aligned or offset 150 -feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30 -foot curb return driveway with 15 -foot curb radii. The minimum storage length shall be 50 -feet. Install a 36" by 36" high intensity STOP sign at the RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING - 13.09 acres - DEVELOPERS DIVERSIFIED REALTY CORP. September 28, 1999 MERIDIAN PLANNING & ZONING MEETING: SEPTEMBER 30, 1999 APPLICANT: DEVELOPER DIVERSIFIED REALTY CORP/DAKOTA CO ITEM NUMBER: 3 REQUEST: REQUEST FOR ANNEXATION AND ZONING OF 13.09 ACRES (ZONED C -C) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: COMMENTS COMING CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: nTHER- All Materials presented at public meetings shall become property of the City of Meridian. �cicc Coun1V._Wiq4tuaq oLJi6t�ict Sherry R. Huber, President 318 East 37th Street Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e-mail.- tellus(a)achd.ada.id.us Hubble Engineering 9550 Bethel Court Boise, ID 83709 Re: MAZ99-012 August 16, 1999 AUG 2 G 1999 4000 E. Fairview - Annexation and Zoning On July 7, 1999, the Ada County Highway District Commissioners acted on Commercial Shopping Center Subdivision. The conditions and requirements also apply to MAZ99-012. If you have any questions please feel free to call me at 387-6177. Sincerely, Christy Richardson Development Analyst cc: Project File ity= of • M e rid i a rtb Developers Diversified Reality ti ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report NICPA99-02/1MRZ99-07 IFairview Avenue/Records Drive — The applicant is requesting a comprehensive plan amendment to change the land use of 12.3 acres from single family residential to commercial uses. The existing zoning of the site is I -L and the applicant is requesting a C -C zone. The site is located at the southeast corner of Records Drive and Fairview Avenue. At the present zoning, the site could venerate approximately 600 vehicle trips per day. With the proposed zoning the site could venerate approximately 2.000 vehicle trips per day. On September 23, 1998, the Commission approved NICUM-17, a request for conditional use approval for an 848,000 -square foot retail shopping center. That 74.74 -acre site is located on the southeast corner of Eagle Road and Fairview Avenue in Meridian. That development is estimated to venerate 26,950 -additional vehicle trips per day upon Cut[ occupancy based on the Institute of Transportation Engineers Trip Generation manual and the submitted traffic study. 619,363 -square feet are proposed to be developed in the first phase of the project. The District required a traffic analysis and conceptual review of the entire site including the new proposal plus the current site to the west, MCUP98-17, because of the concern for traffic volumes and operations. Roads impacted by this development: Eagle Road Fairview Avenue Records Drive ACHD Commission Date - July 7, 1999 - 12:00 p.m LES UE_ G o -GRANGER-- ---- JEWELL Y U � 2 FRANKLIN DRIFTWOOD Ui PRESIDENT -- EXECUTIVE O U 0 D X PINE COMMERCIAL_...._ Cn O �C LANARK SPRINGWOOD AUTUMN FRANKLIN DRIFTWOOD Ui PRESIDENT -- EXECUTIVE O U W 'DIAN COMPREHENSIVE 'DLAN GENER.UAZED LA2,41) USI: NLU' INFRASTRUCTURE PLAN -NTNG ANALYSIS CO3',\(PRElT.FNSaT PLAN AND i\,L\P ADOPTED ON DECEMBER 21. 1993 111 VD. K. I W R. IE s ul V7. i Bull Z L k4- SCHOOL • EXISTING PROPOSED FIRE • EXIST/NG -IRE 0 STORAGE WELL • F%'ISrING NELL PROPOSED WELL URBAN SERVICE PLAYNIOG AREA BOUIJOARY 141PACr AREA 3OUNDAql. JAIP,4CT AREA A' MOPE PATHI,VAY.S CUTURE 1-84 OVERPASS 2 J LEGENO -- - EXISTING tIR8A,`1 JK SINGLE =AMID' RESXEi.114 r. MIXED -71--SIGEVIAL Z. GENERAL INDUST.R1,4 7- LIGHI INDUSTRIAL AD AGRICULMRAL qUt?lli 3cS1DF;*.,T1.., Z ?ARKS 'dEDICAL CA.CIL!rl NIXED A.JNNED USE JEvE..,jP^,E_,i /,/PAC[ Ara E,. Al PROPOSED ........ ............... ... SEW52? 1`.Rij,'h QR,:1,9AGE doU,,loAplES JK MAY -06-99 10-18 FROM,DEVELOPERS DIVERSIFIED 10,2162471118 N IM . . I IN 7 7 , 5 1: 7 Is PACE S"s $t, 4mr Opt Ott 4top, f t* 7 ell t 4f will wlil LLau. PACE S"s Facts and Findings: A. General Information Owner - Developers Diversified Realty Corporation Applicant - Developers Diversified Realty Corporation care of the Dakota Company Inc. I -L - Existing zoning C -C - Requested zoning 12.3 - Acres 0 - Square feet of existing building 145 - Traffic Analysis Zone (TAZ) Nest Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Eagle Road (State Highway 55) Principal arterial Traffic count 27,564 on 10/97, peak hour count on 9/8/98 = 2301 vph s/o Fairview Avenue 0 -feet of frontage Comply with ITD requirements Eagle Road is improved with a 78 feet of pavement with five travel lanes and no curb, gutter or sidewalk. Eagle Road is State Highway 55 and is under the jurisdiction of the Idaho Transportation Department (ITD) Fairview Avenue Principal arterial Traffic count 21,900 on 10/97, peak hour count on 9/8/98 = 2026 vph e/o Eagle Road 708 -feet of frontage -feet existing right-of-way (-feet from section line) 120 -feet required right-of-way (60 -feet from section line) Fairview Avenue is improved with a 68 feet of pavement with five travel lanes and no curb, gutter or sidewalk. Records Drive Local commercial street with no bike lane designation Traffic count not available 822 -feet of frontage No existing right-of-wav 60 to 76 -feet required right-of-way (30 to 38 -feet from the future centerline) Records Drive has not yet been constructedbetween Fairview Avenue and the Crossroads Subdivision. A paved, but temporary access has been constricted as a secondary access to the residential development. This access is temporary until the current application or the applicant to the west, wh constructs the final segment. ivICPA9902.C.Nv1.1v1 PaL,e 2 B. Utilitv street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 357-6250 (with file numbers) for details. C. Eagle Road traffic volumes have increased an average of 1601'0 over the last seven years. Traffic has increased an average of 20% over the last four years. The APA model assumes a 4% annual growth rate until the Year 2015. While it is unlikely that the 201% Growth rate will be maintained, the APA forecast is likely low, based on observed development rates and counts. D. District staff requested an extensive traffic impact study summary for 1%-ICU9S-17 and this project because: the proposed development exceeded the District's trip generation threshold for commercial developments, concern about the impact of the development on traffic accessibility to Eagle Road and Fairview Avenue, and concern about the operation of the Eagle/Fairview intersection. E. A Traffic Study has been submitted for the proposed comprehensive plan amendment and rezone. The traffic study included the development at the southeast corner of Fairview and Eagle. The key findings of the study are as follows: 1. The proposed project is estimated to generate 2,040 additional total daily vehicle trips. The actual additional traffic volume added to the street system is approximately 1,500 daily vehicle trips because of pass by trips already on the adjacent roadways. 2 The proposed project is estimated to generate 225 total peak hour vehicle trips, adding approximately 225 peak hour vehicle trips to the external trip network because of pass by trips already on the adjacent roadways. 3. The anticipated peak hour vehicle trips are the result of a trip rate of 4.225 peak hour vehicle trips per 1,000 square feet of floor area. This number is in compliance with the data provided by the Institute of Transportation Engineers (ITE). District staff completed peak hour traffic counts at two smaller local shopping centers. The observed numbers matched the ITE data for a similar sized shopping center. Staff therefore accepts the submitted figures for peak hour trip generation. 4. The submitted site plan shows several driveways on Fairview Avenue and Records Drive. 5. Records Drive is currently a private street from Fairview Avenue to the Crossroads Subdivision but will be dedicated as a public street and designated as a local commercial road with this application. The analysis assumed that the Records/Fairview intersection will be signal controlled. 6. In addition to Records Drive, there are three other proposed driveways on Fairview Avenue. The western -most driveway (Driveway A on the attached map) is proposed for right-on/right-out operation. The other two driveways meet District policy for full access. operation. Current District policy allows a maximum of three access points for one frontage. 7. Both Eagle Road and Fairview Avenue are principal arterials. As such, Level of Service (LOS) E is an acceptable condition for the intersections on both roadways. MCPA9902.CM.M Paue S. Both Eagle Road and Fairview Avenue are five lane facilities abutting the project site with free right-turn lanes on all legs of the intersection. 9. The Eagle Road Access Studv recommended a future grade separated interchange for the Eagle/Fairview intersection. v '' 10. The current APA model assumes an average annual increase of traffic on Eagle Road of 41/o. The observed traffic increases have averaged 20% per year over the last four years. 11. The Eagle/Fairview intersection currently operates at LOS D. 12. The Eagle,/Fairview intersection will operate at LOS F with the existing geometry and the "existing plus project" traffic volumes. The intersection can be made to operate at an acceptable LOS E condition with the provisions of dual left turn lanes and free right turn lanes on all approaches. This change will require moving at least two signal poles and adding pavement as well as restriping. The signals currently provide pedestrian actuated movement across Fairview Avenue and Eagle Road, and this provision for pedestrians must be'maintained after any modifications to the intersection. 13. The Fairview/Records intersection will operate at LOS D with the existing plus project traffic volumes. The intersection will require signalization and dual left turn lanes on all approaches in order to maintain a good LOS. Staff recommends that two northbound left-tum lanes be constricted on-site by the developer, with a signal installed appropriately to accommodate future dual left-turn lanes on Fairview Avenue to be constructed by the District when needed. 14. The remaining, unsignalized, full access site driveways will operate similar to right- in/right-out facilities. The through traffic volumes on both streets are so high that there will be few opportunities for left-turns at any of the non-signalized intersections. These driveways will operate at an acceptable LOS E or better for outbound left turns and inbound left turns mly if the signalized intersections are constricted as shown above. The demand for left turns at the unsignalized intersections far exceeds the available capacity. These intersections only function acceptably because the excess traffic can be diverted to a signalized intersection at Records Drive. This condition is caused by a combination of high traffic volumes on the arterial streets and at the site driveways. F. The preceding analyses identified the following public street improvements needed to accommodate the additional traffic created by this project and the normal growth of background traffic: 1. Construct a traffic signal at the Falrview.Avenue/Records Drive intersection. Locate the signals to accommodate future dual left -tum lanes on Fairview Avenue. 2. Construct dual northbound left turn lanes on Records Drive at the Fairview Avenue intersection. 3. Constrict Pine Avenue from Eagle Road east to the eastern property line of this project. Two lanes are needed from the western driveway to the eastern property line. Four lanes are needed from the western driveway to the western property line. 4. Construct curb, gutter and an eastbound lane to Fairview from Records Drive to,the east property line. G. Fairview Avenue is a classified roadway and, as such, would be eligible for the use of impact fee revenue to increase their capacity, if such improvement is included in the Capital Improvements Plan (GIP) and the Five Year Work Program (FYWP). None of the improvements recommended by the traffic impact study are included in the FYWP. Some of MCPA9902.CNl NI Pa( -,e 4 the recommended improvements will be necessary in the future to accommodate traffic growth withQut the traffic that will be generated by this proposal, and the District would be constricting those improvements at the appropriate time, partially funded from impact fee revenue. The lane volume that will be generated by the proposed development accelerates the need for those improvements. Staff has evaluated the relative benefits that will be realized by the general traveling public from the various recommended improvements and suggests that they be considered in two categories, system improvements and site related improvements as follows: S; stem Improvements are capital improvements other than a site -related improvement which is a public facility and is designed to provide service to the community at large. The costs of these improvements would be offset from the Road Impact Fees for the project: a. Construct curb, gutter and an eastbound lane on Fairview Avenue from Records Drive to the east property line. b. Dedicate 60 -feet of right-of-way from the centerline of Fairview Avenue from Records Drive to the east property line. The District will require additional right-of-way to be dedicated on Fairview Avenue for the westbound left turn lanes at the Fairview Avenue/Records Drive intersection. Coordinate the roadway design and right-of-way dedication with District staff. Site -related improvements are capital improvements or right-of-way dedicationfor direct access to and/or within the proposed project or development. The costs of these improvements must be borne by the developer of the project: C. Constrict a traffic signal at the Fairview/Records intersection. d. Constrict dual northbound left turn lanes on Records Drive at the Fairview Avenue intersection. The signal will include provision for Opticom equipment. e. Construct a five-foot sidewalk on Fairview Avenue abutting the site. f. Constrict five-foot sidewalks on Records Drive abutting the site. g. Dedicate 76 -feet of right-of-way for Records Drive from Fairview Avenue to a point 300 -feet south of Fairview Avenue through 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. h. Dedicate 60 -feet of right-of-way for Records Drive from a point 300 -feet south of Fairview Avenue to the south boundary of 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. H. The standard impact fee for the adjacent Family Center reiail center is 52,298 per 1,000 sq It of building area. The original 850,000 sq ft retail complex would normally be expected to pay a Road Impact Fee of approximately S2 million. The applicant has submitted an individual assessment for the project site. The assessment identified the site's location adjacent to a State Highway and reported an impact fee of 51,744 per 1,000 sq ft of building area. The original 850,000 sq ft retail complex would normally be MCPA9902.C:�1M Pa„e 5 driveway's intersection with Presidential Drive. 1.9 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. The Planning and Zoning Commission offers the following additional comment: 1.10 Any development of these parcels shall go through the Conditional Use Permit process. ZAWork\NWeridian 15360NI Developers Diversified\AZpz.rec RECOMMENDATION TO CITY COUNCIL - S ANNEXATION AND ZONING - 13.09 acres - DEVELOPERS DIVERSIFIED REALTY CORP. ✓' Generalized Land Use Map. 12. There are no significant -or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the'property described in the application, subject to the following: Adopt the Recommendations of the Ada County Highway District as follows: 1.1 Dedicate sufficient additional right-of-way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 1.2 Dedicate 76 -feet of right-of-way (38 -feet from the centerline) for Records Drive from Fairview Avenue to a point 300 -feet south of Fairview Avenue and 60 -feet of right-of-way (30 -feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. 1.3 Construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822 -feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 1.4 Prior to opening of the development, construct pavement widening on RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - 13.09 acres - DEVELOPERS DIVERSIFIED REALTY CORP. expected to pay a Road Impact Fee of approximately S1.5 million. The District accepted the individual assessment, thereby reducing District Impact Fee Revenue by almost 5500,000. The current application will likely include a 200,000 -square foot retail building. Under the current impact fee stricture, the applicant would be expected to pay a Road Impact Fee of approximately S460,000. Using the cost figures from the previous assessment, the impact fees would be expected to total 5350,000 assessment, thereby reducing District Impact Fee Revenue by almost S 110,000. ACHD's Park & Ride Division Staff has indicated the need for a Park & 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 Park & Ride area. K. 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. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-6160 for further information. L. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) 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. A Transportation Management Association (PYIA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, car pools, bicycle and walking enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. M. In accordance with District policy the applicant may construct a maximum of three driveways on Fairview Avenue a minimum of 440 -feet for a full access driveway and 220 -feet for a right- in/right-out driveway from any public street intersection and 220 -feet from all existing or proposed driveways. The maximum driveway width should be =10 -feet with a minimum storage length of 100 -feet. The applicant should also be required to install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Pavement tapes should be constructed with 13 -foot radii at any proposed driveway. Coordinate the design, storage length and location of any proposed driveways with District staff. N. In accordance with District A maximum of three driveways should be approved on Records Drive. The driveways should be located a minimum of 175 -feet south of Fairview Avenue and aligned or offset I50 -feet from all existing or proposed driveways. The driveways should be constructed as 24 to 30 -foot curb return driveway with 15 -foot curb radii. The minimum MCPA9902.C:NIM Pa ,e 6 storage length should be 50 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. O. 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 parcel to the east to use this parcel for access to the public streets prior to issuance of a building pen -nit (or other required permits). The District intends to require a similar agreement of the owners of the parcel to the east if they are the subject of a future development application. P. As required by District policy, restrictions on the width, number and locations of driveways. may be placed on future development of this parcel. Q. The District completed an access control plan for the entire Eagle Road corridor in 1997. An important recommendation of that study was the proposal for a grade separated interchange at the Eagle/Fairview intersection. Although construction.of the interchange is anticipated beyond the 20 -year planning period, the Lon, Range Transportation Plan establishes the policy that the District should preserve the right-of-way now to ensure that the needed land will be available when construction begins. R. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development only with the additional requirements outlined within this report. The existing transportation system is not adequate for the anticipated traffic volumes without improvement. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate sufficient additional richt-of-wav to total 60 -feet from section line of Fairview. Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 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 ACRD Ordinance #188. 2. Dedicate 76 -feet of right-of-wav (38 -feet from the centerline) for Records Drive from Fairview Avenue to a point 300 -feet south of Fairview Avenue and 60 -feet of right-of-way (30 -feet from centerline)`for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. The owner will not be compensated for this right-of-way because Records Drive is a local street. 3. Constrict a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822 -feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. MCPA9902.C:` .M Pa_e 7 4. Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property tine. The cost of this improvement will be offset from the road impact fee to be collected for the development. 5. Constrict a maximum of three driveways on Fairview Avenue a minimum of 440 -feet fora frill access driveway and 220 -feet for a right-in/right-out driveway from any public street intersection and 220 -feet from all existing or proposed driveways. The maximum driveway width will be 40 -feet with a minimum storage lenvth of 100 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15 -foot radii. Coordinate the design, storage length and location of any proposed drive'ways with District staff. 6. Construct Records Drive as a 65 -foot street section (with curb, nutter and 5 -foot wide concrete sidewalk) from Fairview Avenue to a point 300 -feet south of Fairview Avenue. Records Drive shall be located approximately 2.100 -feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300 -feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 7. Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACRD specifications. The signal should be designed to allow the future construction of dual left -turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. 8. A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175 -feet south of Fairview Avenue and aligned or offset 150 -feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30 -foot curb return driveway with 15 -foot curb radii. The minimum storaze length shall be 50 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 9. Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. Standard Requirements: A request for modification, variance or waiver of any requirement or -policy outlined herein shall be made in writing to the ACHD Plannin` and Development Supervisor. The request shall specifically identify each requirement to he reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. ThQ writ> ten request shall be submitted to the District no later than 9:00 a m on the days he doled 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 NtCPA9902.01Nf Pa_e S reportrto 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. 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 S 110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission 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 #1 SS, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and constriction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Constriction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Constriction, 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 of this 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. S. 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 riles, 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. N4 CPA 9902.Cw1�1 Paee 9 v m c m r O V m X < < nm z 70 _m �yv -o M m F J 0 O X T FUM C:LAKIC UtVtLUPMtN F 2-)8 342 2627 0 CLARK DEVELOPMENT July 28, 1999 Mr. Malcolm MacCoy., Chairman, Planning & Zoning Commission City of Meridian 33 E. Idaho Meridian, Idaho 83642 JUL 30 1999 CITY Or MERIDIAN PLANNING & ZONING J U L 2 9 1999 City of Meridian City Clerla Orfice Re: Annexation and Rdone applications by Dakota Company for 4000 E. Fairview Dear Chairman MacCoy: This letter is to express our support for the application by Dakota Company Inc. on behalf of Developers Diversified Realty Corp. for annexation and zoning of property at 4000 E. Fairview Avenue. I am writing on behalf of Terrace Lawn Memorial Gardens Inc., which owns the bordering property to the south and east of the property in the subject application. We believe, however, it is appropriate and. essential that a development agreement be created between the City and developer to assure that several issues relating to this development are addressed. We understand that these will be addressed at a later date but would like to briefly summarize those issues we believe are important from our perspective as the bordering property owner on the east and south sides of the proposed addition to the development. • The location and type of buffering walls and landscaping on the south and east boundaries of the development. • Noise and light mitigation and operating requirements such as those conditions included in the October 20, 1998 conditional use permit for the currently approved Family Center. • The construction and location of Venture Street as extended on the eastern side of this development. If there are any questions, please feel free to contact me. Sincerely, Bill Clark 479 Main Sveet, Boise, Idaho 83702. 208/342.2625 • fax 2081342.2627 . clarkdevamicron.net JUL 29 ' 99 12:05 229 342 2627 PrarF . ct� CW(7 CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT DISTRICT Environmental Health Division HEALTH - DEPARTMENT Return to:- [-] or0 Boise ❑ Eagle []Garden City Meridian Conditional Use # Kuna Preliminary / Final / Short Plat ❑ ACZ i / I . We have No Objections to this Proposal. J U L Q 6 1999 2. We recommend Denial of this Proposal. CITY OF IRIDIAN PLANNING & ZONTING ❑ 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. ❑. S. ` Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow'characteristics ❑ or bedrock from original grade ❑ oth"er 4 ❑ 6. This -office 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. After written approval,from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well 0 interim sewage ❑ central water ' ❑ individual sewage ,❑,,individual water ❑ 9. The following plan(s) must be "submitted to and approved by the Idaho Department of Health .& Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water 10. Run-off is not to create a mosquito breeding problem. h s Y ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. W. 4 ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage r Regulations. ❑ 13. We will'requirre plans be submitted for a plan review for any: s ❑ food establishment- ❑ swimming pools or spas ❑ child care center ❑ beverage establishment, ❑ grocery store ❑ 14. Date: --7/ r 1 S S Reviewed By:� s . ` Review Sheet WHO 10/91 mb, ret,. 7197 ,f Memo To: Will Berg Brittney Louie From Shari Stiles CCCFile�j Date: 05/19/99 Re: Tom Bauwens / Dakota Co. Annexation Application at 4000 E. Fairview Tom Bauwens of Dakota Company has requested that the Annexation Application for the property at 4000 E. Fairview be heard at the same time as the Comprehensive Plan Amendment Application. Our department is holding the application (which is complete) but have decided not to process it until instructed by the Commission. Bill Gigray offered the following advice on the matter. If the Developer/Applicant insists that the matter be heard by the Planning & Zoning Commission, he recommends that I place the matter before the Commission for a motion to consider the zoning and annexation at the same time and that I staff the Commission with my opinion and the Commission can then decide whether to place the matter on its agenda for public hearing and notice the application. I would like to request that this be placed on the 6/17/99 Planning & Zoning agenda. Per Bill Gigray, this is not a public hearing. It is only a motion, which would follow the procedure on pages 11 & 12 of the 'Development Application Procedures for City Council" document. 0 Page 1 CITY OF MERIDIAN PLANNING & ZONING Memo To: Will Berg Brittney Louie From Shari Stiles CCCFile�j Date: 05/19/99 Re: Tom Bauwens / Dakota Co. Annexation Application at 4000 E. Fairview Tom Bauwens of Dakota Company has requested that the Annexation Application for the property at 4000 E. Fairview be heard at the same time as the Comprehensive Plan Amendment Application. Our department is holding the application (which is complete) but have decided not to process it until instructed by the Commission. Bill Gigray offered the following advice on the matter. If the Developer/Applicant insists that the matter be heard by the Planning & Zoning Commission, he recommends that I place the matter before the Commission for a motion to consider the zoning and annexation at the same time and that I staff the Commission with my opinion and the Commission can then decide whether to place the matter on its agenda for public hearing and notice the application. I would like to request that this be placed on the 6/17/99 Planning & Zoning agenda. Per Bill Gigray, this is not a public hearing. It is only a motion, which would follow the procedure on pages 11 & 12 of the 'Development Application Procedures for City Council" document. 0 Page 1 intereflice MIRY 186919 MEMORANDUM�� I I' To: Brad Hawkins -Clark r From: Wm. F. Gigray, III G C% Subject: TOM BAUWENS /DAKOTA CO. ANNEXATION APPLICATION AT 4000 E. FAIRVIEW Date: May 18, 1999 Brad: ,In response to your memo of 05/12/99 requesting advise on the above matter, please be advised that I agree that in this circumstance the provisions of § 11 2-416 D 2, Municipal Code, require the .process and adoption of a Comprehensive Plan amendment before there is.a consideration -of the zoning amendment. I am also of the opinion that §11-2-416,A, Municipal Code, include annexations and zoning designations upon annexation. 1 am -of the opinion that this procedure is also required by Idaho Code §67-6511 (b) and (c). If the Developer/Applicant insists that the matter be heard by the Planning: and Zoning Commission, I recommend that the Administrator place the matter before the Commission for a motion to consider the zoning and annexation at the same time:Jhe Administrator should staff the Commission with the - Administrator's opinion and the Commission could then decide whether to place the matter on its agenda for public hearing. The. Commission could follow the procedure at § 11 of the "City Council Zoning and Development Ordinance Policy and Procedure" at pages I 1 and 12 of the "Development Application Procedures for City Council City of Meridian". ; If you need further assistance on this matter please advise. ' 9 msg/Z:\Work\M\Meridian 15360M\Dakota\BradHawkins-C1arkMemo051799 a s 4. Conclusion of Law: 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 bv• Planning and Development Stiff Date of Commission 4 tion July 7 1999 MCPA9902.CN1 N[ Pase 10 200 E. Carlton Suite 201 Meridian, 10 83642 Phone: (208) 884-5533 Fax: (208) 887-1297 Fac To: Tom Bauwens — Dakota Co. From: Brad HawlensrClark Fac 343-4954 Pages: 1 Phages 3435223 Dates 05/18/99 Re: Annexation Application — 4000 E. Fairview M. Shari Stiles, Will Berg (City Clerk) ❑ Urgent 0 For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Tom, In follow-up to our phone conversation this morning, this confirms in writing that staff will request the Clerk to place a motion on the June 174' P&Z Commission agenda requesting a Commission decision on the above application for 13.09 acres. The staff report will recommend that a final decision be made on the Comprehensive Plan Amendment application prior to consideration of the Annexation application (as per my 5/11!99 fax memo to you). Please note that the Annexation application on June 17 will not be a public hearing. The Gerk will not formally notice the Annexation application until requested to do so by the Commission. M 200 E. Carlton Suite 201 Meridian, ID 83642 Phone: (208) 884-5533 Fax: (208) 887-1297 Fax To: Tom Bauwens — Dakota Co. From Brad Hawkins -Clark Fax 343-4954 Pages: 1 Phone: 34.3-5223 Date: 05/18199 Re: Annexation Application —4000 E. Fairview CC: � Shari Stiles; Will Berg (City Clerk) ❑ Urgent ® For Review ❑ Please Connnemt ❑ Please Reply ❑ Please Recycle Tom, In follow-up to our phone conversation this morning, this confirms in writing that staff will request the Clerk to place a motion on the June 17"' P8Z Commission agenda requesting a Commission decision on the above application for 13.09 acnes. The staff report will recommend that a final decision be made on the Comprehensive Plan Amendment application prior to consideration of the Annexation application (as per my 5/11/99 fax memo to you). Please note that the Annexation application on June 17 will not be a public hearing. The Clerk will riot formally notice the Annexation application until requested to do so by the Commission. ,y AclaeottntciwtpcLNt&UGC&Il�'T" 1I( Cj tCCt Sherry R. Huber, President 318 East 37th Street Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e-mail: tell us(a)achd.ada.id. us July 13, 1999 TO: Developers Diversified Reality C --PA Dakota Company Inc. Tom Bauwens 380 E. Parkcenter BLVD, Suite 100 Boise, Idaho 83706 FROM: Steve Arnold, Senior Analyst Planning & Development Division SUBJECT: MCPA99-002/RZ99-007 Comprehensive Plan Amendment Application 14]C1,7, TNTE R li- 2 6 1999 cit'/ tai 1�_T`L'11,Iian City Giem f4ee Your application for the above referenced project was acted on by the. Commissioners of the Ada County Highway District on July 7, 1999. The attached staff report list conditions of approval and street improvement which are required. If you have any question, please feel free to call me at 387-6170. CC:Chron Project File John Edney Chuck Rinaldi M i ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report MCPA99-02/MRZ99-07 Fairview Avenue/Records Drive The applicant is requesting a comprehensive plan amendment to change the land use of 12.3 acres from single family residential to commercial uses. The existin, zonin- of the site is I -L and the applicant is requesting a C -C zone. The site is located at the southeast corner of Records Drive and Fairview Avenue. At the present zoning, the site could generate approximately 600 vehicle trips per day. With the proposed zoning the site could generate approximately 2,000 vehicle trips per day. y On September 23, 1998, the Commission approved MCUP98-17, a request for conditional use approval for an 848,000 -square foot retail shopping center. That 74.74 -acre site. is located on the southeast corner of Eagle Road and Fairview Avenue in Meridian. That development is estimated to generate 26,950 -additional vehicle trips per day upon full occupancy based on the Institute of Transportation Engineers Trip Generation manual and the submitted traffic study. 619,868 -square feet are proposed to be developed in the first phase of the project. The District required a traffic analysis and conceptual review of the entire site including the new proposal plus the current site to the west, N4CUP98-17, because of the concern for traffic volumes and operations. - Roads impacted by this development: Eagle Road Fairview Avenue Records Drive ACHD Commission Date - July 7, 1999 - 12:00 p.m. i w -. --- w - c� �- LESLIE o __MEADOWGRASS _ __-GRANGER_._ J CLOVER.MEADOWS USZ , co SITE - -' FAIRVIEW _WILSON _ JEWELL - = O SUNNYDALE g - PINE --- O DRIFTWOOD r LU PRESIDENT h COMMERCIAL_ N _ EXECUTIVE - O ..-- .LANARK U T _ _FRANKLIN _ - SPRINGWOOD -- AUTUMN ,.MAY—OG-99 10,18 FROM.DEVELOPERS DIVERSIFIED 10.2152471119 PACE 6i9 w IN i HI • O 1 II I• k� i'll+ t I II 11 �� f _ ar I � �i � • •, Facts and Findings: A. General Information Owner - Developers Diversified 'Realty Corporation Applicant - Developers Diversified Realty Corporation care of the Dakota Company Inc. I -L - Existing zoning C -C - Requested zoning 12.3 - Acres 0 - Square feet of existing building 145 - Traffic Analysis Zone JAZ) Nest Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Eagle Road (State Highway Principal arterial Traffic count 27,564 on 10/97, peak hour count on 9/8/98 = 2801 vph s/o Fairview Avenue 0 -feet of frontage Comply with ITD requirements Eagle Road is improved with a 78 feet of pavement with five travel lanes and no curb, gutter or sidewalk. Eagle Road is State Highway 55 and is under the jurisdiction of the Idaho Transportation Department (ITD) Fairview Avenue Principal arterial Traffic count 21,900 on 10/97, peak hour count on 9/8/98 = 2026 vph e/o Eagle Road 708 -feet of frontage -feet existing right -of -why (=feet from section line) 120 -feet required right-of-way (60 -feet from section line) Fairview Avenue is improved with a 68 feet of pavement with five travel lanes and no curb, gutter or sidewalk. Records Drive Local commercial street with no bike lane designation Traffic count not available 822 -feet of frontage No existing right-of-way 60 to 76 -feet required right-of-way (30 to 38 -feet from the future centerline) Records Drive has not yet been constructed between Fairview Avenue and the Crossroads Subdivision. A paved, but temporary access has been constructed as a secondary access to the residential development. This access is temporary until the current application or the applicant to the west, wh constructs the final segment. MCPA9902.CNINI Pare 2 S. Both Eagle Road and Fairview Avenue are five lane facilities abutting the project site with free right -turn lanes on all legs of the intersection. 9. The Eagle Rbad Access Study recommended a future `rade separated interchange for the Eagle/Fairview intersection. 10. The current APA model assumes an average annual increase of traffic on Eagle Road of 4%. The observed traffic increases have averaged 20% per year over the last four years. 111. The Eagle/Fairview intersection currently operates at LOS D. 12. The Eagle/Fairview intersection will operate at LOS F with the existing geometry and the "existing'plus project" traffic volumes. The intersection can be made to operate at an acceptable LOS E condition with the provisions of dual left turn lanes and free right turn lanes on all approaches. This change will require moving at least two signal poles and adding pavement as well as restriping. The signals currently provide pedestrian actuated movement across Fairview Avenue and. Eagle Road, and this provision for pedestrian's must be maintained after any modifications to the intersection. 13. The Fairview/Records intersection will operate at LOS D with the existing plus project traffic volumes. The intersection will require signalization and dual left turn lanes on all approaches in order to maintain a good.LOS. Staff recommends that two northbound left -turn lanes be constricted on-site by the developer, with a signal installed appropriately to accommodate fixture dual left-turri lanes on Fairview Avenue to be constructed by the District when needed. 14. The remaining, unsignalized, frill access site driveways will operate similar to right- in/right-out facilities. The through traffic volumes on both streets are so high that there will be few opportunities for left -turns at any of the non -signalized intersections. These driveways will operate'at an acceptable LOS E or better for outbound left turns and inbound left turns Q111y if the signalized intersections are constricted as shown above. The demand for left turns at the unsignalized intersections far exceeds the available capacity. These intersections only function acceptably because the excess traffic can be diverted to a signalized intersection at Records Drive. This condition is caused by'a combination of high traffic volumes on the arterial streets and at the site driveways. F. The preceding analyses identified the following public street improvements needed to accommodate the additional traffic created by this project and the normal growth of background traffic: 1. Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Locate the signals to accommodate future dual left -tum lanes on Fairview Avenue. 2. Construct dual northbound left turn lanes on Records Drive at the Fairview Avenue intersection. 3. Construct Pine Avenue from Eagle Road east to the eastern property line of this project. Two lanes are needed from the western driveway to the eastern property line. Four lanes are needed from the western driveway to the western property line. 4. Construct curb, gutter and an eastbound lane to Fairview from Records Drive to the east property line. G. Fairview Avenue is a classified roadway and, as such, would be eligible for the use of impact f:_e revenue to increase their capacity, if such improvement is included in the Capital Improvements Plan (CIP) and the Five Year Work Program (FYWP). None of the improvements recommended by the traffic impact study are included in the FYWP. Some of MCPA9902.CNtM Pa,e 4 expected to pay a,Road Impact Fee of approximately $1.5 million. The District accepted the individual assessment; thereby reducing District Impact Fee Revenue by almost 5500,000. I. The current application will likely include a 200,000 -square foot retail building. Under the current impact fee stricture, the applicant would be expected to pay a Road Impact Fee of approximately $460,000. Using the cost figures from the previous assessment, the impact fees would be expected to total 5350,000 assessment; thereby reducing District Impact Fee Revenue by almost S 110,000. ACHD's Park & Ride Division Staff has indicated the need for a Park & Ride location at the applicant's site. The District requests,that applicant `rant 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 Park & Ride area. K. 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. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more` information contact Pat Nelson at 387-6160 for further information. L. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) 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. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, car pools, bicycle and walking enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. M. In accordance with District policy the applicant may constrict a maximum of three driveways on Fairview Avenue a minimum of 440 -feet for a frill access driveway and 220 -feet for a right- in/right-01.1t driveway from any public street intersection and 220 -feet from all existing or -proposed driveways. The maximum driveway width should be 40 -feet with a minimum storage length of 100 -feet. The -applicant shodld also be required to install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Pavement tapes should be constructed with 15 -foot radii at any proposed driveway. Coordinate the design, storage length and location of any proposed driveways with District staff. N. In accordance with District A maximum of three driveways should be approved on Records Drive. The driveways should be located,a minimum of 175 -feet south of Fairview Avenue and :d or offset 1504teet from all existing or proposed driveways. The driveways should be constructed as 24'to 30400t curb return driveway with 15 'foot curb radii. The minimum N[CPA9902.CNf N/f Paee 6 JUSTIN P. AYLSWORTH KATHY J. EDWARDS JULIE KLEIN FISCHER WM. F GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS* CHRISTOPHER S. NYE 'ALSO ADMITTED IN OR "ALSO ADMITTED IN WA WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW PHILIP A. PETERSON 200 EAST CARLTON AVENUE, SUITE 31 STEPHEN L. PRUSS POST OFFICE BOX 1150 ERIC S. RosSMAN MERIDIAN, IDAHO 83680-1150 TODD A. RossMAN TEL (208) 288.2499 R. STEPHEN RUTHERFORD DAVID M. SWARTLEY FAX (208) 288-2501 TERRENCE R. WHITE** Email via Internet @ wfg@wppmg.com November 15, 1999 William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE T-- ;- D NOV I City of Meridian. City Clerk Office Re: DEVELOPERS DIVERSIFIED REALTY CORP. / ANNEXATION AND ZONING ORDINANCE (AZ -99-012) Dear Will: Please find enclosed the above ordinance for the annexation and zoning for the Alice Culver. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning are adopted, and the Development Agreement has been signed by the owners and developers. Also, please note in Section 5 you will need to fill in the date when the Development Agreement has been executed. If you have any questions arise, please advise. Very truly JS urs, F.'Gigray, III msg\Z:\Work\M\Merid ian 15360M\Developers Diversified\Clerk on Ord Ltr.wpd CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED COMMUNITY BUSINESS DISTRICT (C-C);AND DECLARING THAT` SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE`OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF' MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION I. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A parcel of land located in the NWI/4 of the NE 1/4 of'Section 9, T. 3N., R. IE., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the N1/4 corner of said Section 9 from which the NE corner of said Section 9 bears South 89°22'32" East, 2659.01 feet; thence along said section line South 89'22'10" East, 708.49 feet; thence leaving said section line South 00°37'28" West, 47.09 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30); thence leaving said South right-of-way line South 14°59'32" West, 276.87 feet; ANNEXATION AND ZONING ORDINANCE - 1 thence South 00'48'14" West, 554.06 feet; thence North 89°35'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; W thence along said North-South center line North 00°48'14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Community' Business District (C -C). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of 1999. " SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten ,(10) days following the effective date of this ordinance, duly file a certified copy of this ordinance, and a map prepared in ANNEXATION AND ZONING ORDINANCE - 2 a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 1999. MAYOR ATTEST: CITY CLERK ANNEXATION AND ZONING ORDINANCE - 3 STATE OF IDAHO,) ss. County of Ada. ) On this day of , 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: eyiZ:\Work\M\Meridian 15360WDevelopers Diversified\AZ.ORD ANNEXATION AND ZONING ORDINANCE - 4 WHITE, PETERSON, PRUSS, MORROW bt GIGRA November 15, 1999 William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83 642 j 4�m ITH 7 1247 PLEASE REPLY TO MERIDIAN OFFICE C N 0 11 i 15, m9 City of Meridian City Clerk Offiee Re: DEVELOPERS DIVERSIFIED REALTY CORP. / ANNEXATION AND ZONING ORDINANCE (AZ -99-012) Dear Will: Please find enclosed the above ordinance for the annexation and zoning for the Alice Culver. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application forAnnexation and Zoning are adopted, and the Development Agreement has been signed by the owners and developers. Also, please note in Section 5 you will need to fill in the date when the Development Agreement has been executed. If you have any questions arise, please advise. msg\Z:\Worlc\M\Meridian 15360M\Developers Diversified\Cleric on Ord Ltr.vvpd ATTORNEYS AT LAW JUSTIN P. AYLSWORTH PHILIP A. PETERSON 200 EAST CARLTON AVENUE, SUITE 31 KATHY J. EDWARDS STEPHEN L. PRUSS POST OFFICE BOX 1150 JULIE KLEIN FISCHER ERIC S. ROSSMAN MERIDIAN, IDAHO 83680-1150 WM. F. GIGRAY, III TODD A. ROSSMAN TEL (208) 288-2499 D. SAMUEL JOHNSON R. STEPHEN RUTHERFORD FAX (208) 288-2501 WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM E NICHOLS* TERRENCE R. WHITE** CHRISTOPHER S. NYE Email via Internet [ Wf� u.��.COm vpPm 'ALSO ADMITTED IN OR —ALSO ADMITTED IN WA November 15, 1999 William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83 642 j 4�m ITH 7 1247 PLEASE REPLY TO MERIDIAN OFFICE C N 0 11 i 15, m9 City of Meridian City Clerk Offiee Re: DEVELOPERS DIVERSIFIED REALTY CORP. / ANNEXATION AND ZONING ORDINANCE (AZ -99-012) Dear Will: Please find enclosed the above ordinance for the annexation and zoning for the Alice Culver. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application forAnnexation and Zoning are adopted, and the Development Agreement has been signed by the owners and developers. Also, please note in Section 5 you will need to fill in the date when the Development Agreement has been executed. If you have any questions arise, please advise. msg\Z:\Worlc\M\Meridian 15360M\Developers Diversified\Cleric on Ord Ltr.vvpd CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED COMMUNITY BUSINESS DISTRICT (C -C); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A parcel of land located in the NW1/4 of the NE 1/4 of Section 9, T. 3N., R. lE., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the NI/4 corner of said Section 9 from which the NE corner of said Section 9 bears South 89°22'32" East, 2659.01 feet; thence along said section line South 89°22'10" East, 708.49 feet; thence leaving said section line South 00°37'28" West, 47.09 feet to a point on� the South right-of-way line of Fairview Ave. (US Highway 30); thence leaving said'South right-of-way line South 14°59'32" West, 276.87 feet; ANNEXATION AND ZONING ORDINANCE - 1 2 E iNWL: RSRAwPPMG.COM October 27, 1999 Shari Sti'les+fPlanning and Zoning Administrator Gary Smith, Chief Engineer e W a. NAMPA OFFICE 104 9- AVE. S. POST OMCE Box 247 NAMPA IDAHO 834653-02.47 TEL. (208)466-927: FAX (208) 466-4405 r PLEASE REPLY TO MEMMN OFFICE Re: Annexation and Zoning of 13.09 acres for Expansion of Meridian Family Center/Crossroads Mall Applicant: Developers Diversified Realty Corp. Please find enclosed a copy of the Recommendations to the Citv Council by the Planning and Zoning Commission on the above referenced application. Please note this matter will be heard -before the City Council on November 3, 1999- The City Council requests that you be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. If you disagree with those recommendations, please state which ones and the reasons. If you propose any additional recommendations, conditions, etc.,,please prepare your recommendations in writing so you may submit the same to the City Council at the hearing. The Council appreciates your attention to this request. It will assure that the Council has the- benefit of understanding your position in this matter and it will help limit the need for testimony. I Very truly yours e = R: Steph n Rutherford Enclosure ev/Z:\Work\N \Meridian 15360M\Developers Dive:sifiedWZpzEnc.ltr Y I WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT Iaw KATHY J. EDWARDS JuLm KLE1N FHSCHFR WM. F. GIORAY. In 200 EAST CARLTON AVENUE. SUITE 31 D. SAMUE.JOHnNSON POST OFFICE Box 1150 wn� a MORROW WII]JAM F. NICHOHS MERIDIAN, IDAHO 83680-1150 CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS TEL (208) 288-2499 ERIC S. ROSSMAN FAX (208) 288-2501 TODD A. ROSSMAN R. STEPHEN RUTHOMFORD DAVID M. SWARTEY TERRENCE R. WHITE 2 E iNWL: RSRAwPPMG.COM October 27, 1999 Shari Sti'les+fPlanning and Zoning Administrator Gary Smith, Chief Engineer e W a. NAMPA OFFICE 104 9- AVE. S. POST OMCE Box 247 NAMPA IDAHO 834653-02.47 TEL. (208)466-927: FAX (208) 466-4405 r PLEASE REPLY TO MEMMN OFFICE Re: Annexation and Zoning of 13.09 acres for Expansion of Meridian Family Center/Crossroads Mall Applicant: Developers Diversified Realty Corp. Please find enclosed a copy of the Recommendations to the Citv Council by the Planning and Zoning Commission on the above referenced application. Please note this matter will be heard -before the City Council on November 3, 1999- The City Council requests that you be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. If you disagree with those recommendations, please state which ones and the reasons. If you propose any additional recommendations, conditions, etc.,,please prepare your recommendations in writing so you may submit the same to the City Council at the hearing. The Council appreciates your attention to this request. It will assure that the Council has the- benefit of understanding your position in this matter and it will help limit the need for testimony. I Very truly yours e = R: Steph n Rutherford Enclosure ev/Z:\Work\N \Meridian 15360M\Developers Dive:sifiedWZpzEnc.ltr BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 13.09 ACRES FOR EXPANSION OF FAMILY CENTER AND CROSSROADS MALL BY DEVELOPERS DIVERSIFIED REALTY CORP. Case No. AZ -99-012 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 13.09 acres in size. The property is located at 4000 E. Fairview Ave., Meridian. 2. The owner of record of the subject property is Terrace Lawn Memorial Gardens, Daniel and Carolyn Gibson of 19500 Hwy. 20/26, Caldwell, Idaho. 3. Applicant is Developers Diversified Realty Corp., of 3300 Enterprise t Parkway, Beechwood, Ohio. 4. The property is presently zoned by Ada County as Rural Transitional (R -T), and consists of a sod farm and cemetery. 5. The Applicant requested the property be zoned as Meridian Community Business District (CC). 6. The,proposed site of the subject property is located east of Records RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING - 13.09 acres - DEVELOPERS DIVERSIFIED REALTY CORP. r 10 thence South 00°48' 14" West, 554.06 feet; thence North 89°35'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 00°48'14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Community Business District (C -C). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section I dated the day of , 1999. SECTION 6: All ordinances; resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled, SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in ANNEXATION AND ZONING ORDINANCE - 2 3 a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-,vit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance Nvith Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 1999. ATTEST: CITY CLERK ANNEXATION AND ZONING ORDINANCE - 3 I Generalized Land Use Map. F d 12. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of theCity of Meridian that they approve the requested annexation and zoning "as requested by the Applicant for the property described in the application, subject"to the following: Adopt the Recommendations of the Ada County Highway District as follows: 1.1 Dedicate sufficient additional right-of-way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means.of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 1.2 Dedicate 76 -feet of right-of-wav (38 -feet from the -centerline) for Records Drive from Fairview Avenue to a point 300 -feet south_ of .Fairview Avenue and 60 -feet of right-of-wav (30 -feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a- warranty deed prior to issuance of a any Certificate of Occupancy. 1.3 Construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822 -feet total) prior to is of any Certificate of Occupancv. The construction plans for the development showing the sidewalk must be approved prior to issuance of'a building permit. 1.4 Prior to opening of the development, construct pavement Nvidening on RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - 13.09 acres - DEVELOPERS DIVERSIFIED REALTY CORP. drive, south of Fairview Ave.. 17. The subject property is bordered to the east and south by Ada County Rural Transitional, to the southwest by Meridian Single Family Residential and to the west by Meridian Community Business District, to the north by Ada County Rural transitional and city limits of the City of Meridian are adjacent and abut to the west and southwest of the subject property. S. The property which is'the subject of this application is within the Area of Impact of the City of Meridian. A 9. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in.the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the.following manner: construction and development of a commercial shopping center.. 11. The Applicant request zoning of the subject real property as Community Business (CC) which is not consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. There is a pending application for amendment to the Comprehensive Plan from Single Family Residential to. Commercial. If the Comprehensive Plan change is granted, ,this application would be consistent with the Comprehensive Plan RECOMMENDATION TO CITY COUNCIL 2 ANNEXATION AND ZONING - 13.09 acres - DEVELOPERS DIVERSIFIED REALTY CORP. Fairview Avenue to add one eastbound lane from Records Drive to the east property line. 1.5 Construct a maximum of three driveways on Fairview Avenue a minimum of 440 -feet for a full access driveway and 220 -feet for a right- in/right-out driveway from any public street intersection and 220 -feet from all existing or proposed driveways. The maximum driveway width will be 40 -feet with a minimum storage length of 100 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15 -foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. k 1.6 Construct Records Drive as a 65 -foot street section (with curb, gutter and 5 -foot wide concrete sidewalk) from Fairview Avenue to a point 300 -feet south of Fairview Avenue. Records Drive shall be located approximately 2,100 -feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two. southbound lanes are needed from Fairview Avenue to a point 300 -feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 1.7 Construct a traffic signal at the -Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction bf ACHD and the Meridian Fire Department. Other materials for" the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD Y specifications. The signal should be designed -to allow the future construction of dual left -turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit x the signal design to District staff for approval prior to construction. 1.8 A. maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum,of 175 -feet south of Fairview Avenue and aligned or offset 150 -feet from all existing -or proposed driveways. The driveways shall be constructed as 24 to 30 -foot curb return driveway with 15 -foot curb radii. The. minimum storage length shall be 50 -feet. Install a 36" by 36" high intensity STOP sign at the RECOMMENDATION TO CITY COUNCIL - 4 � , ANNEXATION AND ZONING - 13.09 acres - DEVELOPERS DIVERSIFIED REALTY CORP. drivewav's intersection with Presidential Drive. 1.9„ Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. The Planning and Zoning Commission offers the following additional comment: 1.10 Any development of these parcels shall go through the Conditional Use Permit process. Z:\Work\M\Meridian 15360M\Developers Diversified\AZpz.rec a RECOMMENDATION TO CITY COUNCIL - 5 ANNEXATION AND ZONING - 13.09 acres - DEVELOPERS DIVERSIFIED REALTY CORP. I; October 29, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 3 1999 APPLICANT: DEVELOPERS DIVERSIFIED REALTY CORPIDAKOTA COMPANY ITEM #: 19 REQUEST: ANNEXATION AND ZONING TO C -C OF 13.09 ACRES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE RECOMMENDATION TO CITY COUNCIL CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: , NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property'of the City of Meridian. BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 13.09 ACRES FOR EXPANSION OF FAMILY CENTER AND CROSSROADS MALL BY DEVELOPERS DIVERSIFIED REALTY CORP. Case No. AZ -99-012 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 13.09 acres in size. The property is located at 4000 E. Fairview Ave., Meridian. 2. The owner of record of the subject property is Terrace Lawn Memorial Gardens, Daniel and Carolyn Gibson of 19500 Hwy. 20/26, Caldwell, !Idaho. 3. Applicant is Developers Diversified Realty Corp., of 3300 Enterprise Parkway, Beechwood, Ohio. 4. The property is presently zoned by Ada County as Rural Transitional (R -T), and consists of a sod farm and cemetery. 5. The Applicant requested the property be zoned as Meridian Community Business District (CC). 6. The proposed site of the subject property is located east of Records RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING - 13.09 acres - DEVELOPERS DIVERSIFIED REALTY CORP. drive, south of Fairview Ave.. 7. The subject property is bordered to the east and south by Ada County Rural Transitional, to the southwest by Meridian Single Family Residential and to the west by Meridian Community Business District, to the north by Ada County Rural transitional and city limits of the City of Meridian are adjacent and abut to the west and southwest of the subject property. 8. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian , Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: construction and development of a commercial shopping center. 11. The Applicant request zoning of the subject real property as Community Business (CC) which is not consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. There is a pending application for amendment to the Comprehensive Plan from Single Family Residential to Commercial. If the Comprehensive Plan change is granted, this application would be consistent with the Comprehensive Plan le RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - 13.09 acres - DEVELOPERS DIVERSIFIED REALTY CORP. � Acla C0un1V'__.1qiqhtuaV 2Vilpict Sherry R. Huber, President 318 East 37th Street Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e-mail: tellus(c-)achd.ada.id.us August 16, 1999 Hubble Engineering AUG 2 0 1999 9550 Bethel Court T^- , Boise, ID 83709 Re: MAZ99-012 4000 E. Fairview - Annexation and Zoning On July 7, 1999, the Ada County Highway District Commissioners acted on Commercial Shopping Center Subdivision. The conditions and requirements also apply to MAZ99-012. If you have any questions please feel free to call me at 387-6177. Sincerely, • r�i-c-1Z2-t��a.�c.J Christy Richardson Development Analyst cc: Project File itj�=of �� M e rid i a rf� Developers Diversified Reality ADA COUNTY HIGHWAY DISTRICT Planning and. Development Division Development Application Report MCPA99-02/MRZ99-07 Fairview Avenue/Records Drive The applicant is requesting a comprehensive plan amendment to change the land use of 12.3 acres from single family residential to commercial uses. The existing zoning of the site is I -L and the applicant is requesting a C -C zone. The site is located at the southeast comer of Records Drive and Fairview Avenue. At the present zoning, the site could generate approximately 600 vehicle trips per day. With the proposed zoning the site could generate approximately 2,000 vehicle trips per day. On September 231, 1998, the Commission approved MCUP98-17, a request for conditional use approval for an 818,000 -square foot retail shopping center. That 74.74 -acre site is located on the southeast corner of Eagle Road and Fairview Avenue in i /leridian. That development is estimated to generate 26,950 -additional vehicle trips per day upon full occupancy based on the Institute of Transportation Engineers Trip Generation manual and the submitted traffic study. 619,868 -square feet are proposed to be developed in the first phase of the project. The District required a traffic analysis and conceptual review of the entire site including the new proposal plus the current site to the west, NICUP98-17, because of the concern for traffic volumes and operations. Roads impacted by this development: Earle Road Fain, iew Avenue Records Drive ACHD Commission Date - July 7, 1999 - 12:00 p.m. -. -GRANGER----,_._.: _ - J — LESLIE_ MEADOWGRASS ssi !n W _. __.:...-_ - W WILSON JEWELL Y V = A ON D 22 PINE .. COMMERCIAL-.__ in _. .. . _... c� �< LANARK SPRINGWOOD AUrL MN D MA/oOD 1 PRESIDENT -- 0 EXECLMVE . 0 U FRANKLIN -GRANGER----,_._.: _ J D MA/oOD 1 PRESIDENT -- 0 EXECLMVE . 0 U FRANKLIN PERE COMPREHENSIVEML' 'DIAN GENEF-VLIZED LAM) USE' NL�F INFRASTRUCTURE PLANNiTING ANALYSIS ADOPTED ON DECEMBER t, -j, zlw hN' •tel :�`�yi� ,.s -,t imoz It L Ru 1p c e ti -27 ft . t�' yri' 7.Mj�y��•;Y= `yt`"nT-'.�+'. _ �i+--•cry a�Ti-;" t u+i f tali; ,> C wT i l r •.ah Wr'5.73�j��Tij 1 41t ` _- — _,-.. s i"t*La ro i" s� c. Z. - �'7i,•Ac.cr? —«.,•-�a`tS.X"'P.�I�a�:.�il•.r:•4� IDs«-•�,;+%,?�_!�y '� � = PROPOSEO SCHOOL • EXISTING .SCHOOL PROPOSED FIRE EXISTING FIRE O STORAGE IAEu • EXISTING WELL PROPOSED WELL j r{! URBAN SERI/ICE ?LtrdrllilG AREA BOUIVOARY IMPACT AREA 3OUNOARI lMIPACT AREA •AOJUS'1,IEiJT lA1 FUTURE PATHI.VAYS C'IY LII'.TITS 'JTURE I -R, OVERPASS rimkt-"' ALI_ h GENERAL INOUSZRLil LIGHT INDUSTRIAL COd1MERCI4C Y 'S AGRICULTURAL ' PURAi AE I •.� 0Ei PARKS '4EOICAL °ACIL"'l WXE0 PLANNED JSE JE/E-JP"rE,Ji 6IPACI APE.AOJUS:%+f Err' - �JA �QUkli lv 11ROP0SE0 .SE!^/�? TRlirl✓ E 1 'JSIO SE'NEP r3;JN. DRAINAGE" do ,'IDARIES r. \ j * �.\ Z F VEAOAO CQnIPiiSwE:aLvE PLa,:r run•unurnn. �..rr¢ a �.�,cixu ���� �. .. .._. .. I VTCTORY j � `" � ' � I is •..`�!' c. .: � .\n LEGEND ?G{ EXIST1NG URBAN j SINGLE =AMID' RES/OEi'r,11 T t -� :WIXEO RESIOENTIAL � Z GENERAL INOUSZRLil LIGHT INDUSTRIAL COd1MERCI4C Y 'S AGRICULTURAL ' PURAi AE I •.� 0Ei PARKS '4EOICAL °ACIL"'l WXE0 PLANNED JSE JE/E-JP"rE,Ji 6IPACI APE.AOJUS:%+f Err' - �JA �QUkli lv 11ROP0SE0 .SE!^/�? TRlirl✓ E 1 'JSIO SE'NEP r3;JN. DRAINAGE" do ,'IDARIES r. \ j * �.\ Z F VEAOAO CQnIPiiSwE:aLvE PLa,:r run•unurnn. �..rr¢ a �.�,cixu ���� �. .. .._. .. I MAY-06—SS 10.19 FROMIDEVELOPERS DIVERSIFIED 10,2152471119 I �! f a J / J V.' J I r r r r l-•. •. • r,r •, � r _. r rcct . lit :3 2 1I a w Facts and Findings: A. General Information Owner - Developers Diversified Realty Corporation Applicant - Developers Diversified Realty Corporation care of the Dakota Company Inc. I -L - Existing zoning C -C - Requested zoning 12.3 - Acres 0 - Square feet of existing buildin12 145 - Traffic Analysis Zone (TAZ) `Vest Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Fa -le Road (State Highway_, 551 Principal arterial Traffic count 27,564 on 10/97, peak hour count on 9/3/98 = 2801 vph s/o Fairview Avenue 0 -feet of frontage Comply with ITD requirements Eagle Road is improved with a 78 feet of pavement with five travel lanes and no curb, gutter or sidewalk. Eagle Road is State Highway 55 and is under the jurisdiction of the Idaho Transportation Department (ITD) Fairview Avenue Principal arterial Traffic count 21,900 on 10/97, peak hour count on 9/8/98 = 2026 vph e/o Eagle Road 708 -feet of frontaae -feet existing right-of-way (-feet from section line) 120 -feet required right-of-way (60 -feet from section line) Fairview Avenue is improved with a 68 feet of pavement with five travel lanes and no curb, gutter or sidewalk. Records Drive Local commercial street with no bike lane designation Traffic count not available 822 -Feet of frontaue No existing right-of-wav 60 to 76 -feet required right-of-way (30 to 38 -feet from the future centerline) Records Drive has not yet been constructed,between Fairview Avenue and the Crossroads Subdivision. A paved, but temporary access has been constructed as a secondary access to the residential development. This access is temporary until the current application or the applicant to the west, wh constructs the final segment. MCPA9902.0W:NI Pace 2 B. Utility street cuts in new pavement less than five years old are not allowed Lidless approved in writing by the District. Contact Construction Services at 357-6250 (with file numbers) for details. C. Eagle Road traffic volumes have increased an average of 161,10 over the last seven years. Traffic has increased an average of 20% over the last four years. The APA model assumes a 4% annual growth rate until the Year 2015. While it is unlikely that the 20% growth rate will be maintained, the APA forecast is likely low, based on observed development rates and counts. D. `District staff requested an extensive traffic impact study summary for NICU9S-17 and this project because: 1. the proposed development exceeded the District's trip generation threshold for commercial developments, 2. concern about the impact of the development on traffic accessibility to Eagle Road and Fairview Avenue, and 3. concern about the operation of the Eagle/Fairview intersection. E. A Traffic Study has been submitted for the proposed comprehensive plan amendment and rezone. The traffic study included the development at the southeast corner of Fairview and Eagle. The key findings of the study are as follows: 1. The proposed project is estimated to generate 2,040 additional total daily vehicle trips. The actual additional traffic volume added to the street system is approximately 1,500 daily vehicle trips because of pass by trips already on the adjacent roadways. 2. The proposed project is estimated to generate 225 total peak hour vehicle trips, adding approximately 225 peak hour vehicle trips to the external trip network because of pass by trips already on the adjacent roadways. 3. The anticipated peak hour vehicle trips are the result of a trip rate of 4.225 peak hour vehicle trips per 1,000 square feet of floor area. This number is in compliance with the data provided by the Institute of Transportation Engineers (ITE). District staff completed peak hour traffic counts at two smaller local shopping centers. The observed numbers matched the ITE data for a similar sized shopping center. Staff therefore accepts the submitted figures for peak hour trip generation. 4. The submitted site plan shows several driveways on Fairview Avenue and Records Drive. 5. Records Drive is currently a private street from Fairview Avenue to the Crossroads Subdivision but will be dedicated as a public street and designated as a local commercial road with this application. The analysis assumed that the Records/Fairview intersection will be signal controlled. 6. In addition to Records Drive, there are three other proposed driveways on Fairview Avenue. The western -most driveway (Driveway A on the attached map) is proposed for right-on/right-out operation. The other two driveways meet District policy for full access operation. Current District policy allows a maximum of three access points for one frontage. 7. Both Eagle Road and Fairview Avenue are principal arterials. As such, Level of Service (LOS) E is an acceptable condition for the intersections on both roadways. N(CPA9902.C.M.M Paue S. Both Eagle Road and Fairview Avenue are five lane facilities abutting the project site with free right -turn lanes on all le_s of the intersection. 9. The Eagle Road Access Study recommended a future ;rade separated interchange for the Eagle/Fairview intersection. y 10. The current APA model assumes an average annual increase of traffic on Eagle Road of 41/10. The observed traffic increases have averaged 20% per year over the last four years. 11. The Eagle/Fairview intersection currently operates at LOS D. 12. The Eagle,/Fairview intersection will operate at LOS F with the existing geometry and the "existing plus project" traffic volumes. The intersection can be made to operate at an acceptable LOS E condition with the provisions of dual left turn lanes and free right turn lanes on all approaches. This change will require moving at least two signal poles and adding pavement as well as restriping. The signals currently provide pedestrian actuated movement across Fairview Avenue and Eagle Road, and this provision for pedestrians must be maintained after any modifications to the intersection. 13. The Fairview/Records intersection will operate at LOS D with the existing plus project traffic volumes. The intersection will require signalization and dual left turn lanes on all approaches in order to maintain a good LOS. Staff recommends that two northbound left -turn lanes be constricted on-site by the developer, with a signal installed appropriately to accommodate future dual left -tum lanes on Fairview Avenue to be constructed by the District when needed. 14. The remaining, unsignalized, full access site driveways will operate similar to right- in/right-out facilities. The through traffic volumes on both streets are so high that there will be few opportunities for left -turns at any of the non -signalized intersections. These driveways will operate.at an acceptable LOS E or better for outbound left turns and inbound left turns Qnly if the signalized intersections are constructed as shown above. The demand for left turns at the unsignalized intersections far exceeds the available capacity. These intersections only function acceptably because the excess traffic can be diverted to a signalized intersection at Records Drive. This condition is caused by a combination of high traffic volumes on the arterial streets and at the site driveways. F. The preceding analyses identified the following public street improvements needed to accommodate the additional traffic created by this project and the normal growth of background traffic: 1. Construct a traffic signal at the Fairview. Avenue/Records Drive intersection. Locate the signals to accommodate future dual left -tum lanes on Fairview Avenue. 2. Construct dual northbound left turn lanes on Records Drive at the Fairview Avenue intersection. 3. Constrict Pine Avenue from Eagle Road east to the eastern property line of this project. Two lanes are needed from the western driveway to the eastern property line. Four lanes are needed from the western driveway to the western property line. 4. Construct curb, gutter and an eastbound lane to Fairview from Records Drive to the east property line. G. Fairview Avenue is a classified roadway and, as such, would be eligible for the use of impact fee revenue to increase their capacity, if such improvement is included in the Capital Improvements Plan (CIP) and the Five Year Work Program (FYWP). None of the improvements recommended by the traffic impact study are included in the FYWP. Some of �ICPA990?.0NEN 1 Pace 4 the recommended improvements will be necessary in the future to accommodate traffic growth withou the traffic that will be generated by this proposal, and the District would be constructing those improvements at the appropriate time, partially funded from impact fee revenue. The large volume that will be generated by the proposed development accelerates the need for those improvements. Staff has evaluated the relative benefits that will be realized by the =eneral traveling public from the various recommended improvements and suggests that they be considered in two categories, system improvements and site related improvements as follows: System Improvements are capital improvements other than a site -related improvement which is a public facility and is designed to provide service to the community at large. The costs of these improvements would be offset from the Road Impact Fees for the project: a. Construct curb, gutter and an eastbound lane on Fairview Avenue from Records Drive to the east property line., b. Dedicate 60 -feet of right-of-way from the centerline of Fairview Avenue from Records Drive to the east property line. The District will require additional right-of-way to be dedicated on Fairview Avenue for the westbound left turn lanes at the Fairview Avenue/Records Drive intersection. Coordinate the roadway design and right-of-way dedication with District staff. 2. Site -related improvements are capital improvements or right-of-way dedicatioWfor direct access to and/or within the proposed project or development. The costs of these improvements must be borne by the developer of the project: C. Constrict a traffic signal at the Fairview/Records intersection. d. Constrict dual northbound left turn lanes on Records Drive at the Fairview Avenue intersection. The signal will include provision for Opticom equipment. e. Construct a five-foot sidewalk on Fairview Avenue abutting the site. f. Constrict five-foot sidewalks on Records Drive abutting the site. Cr. Dedicate 76 -feet of right-of-way for Records Drive from Fairview Avenue to a point 300 -feet south of Fairview Avenue through 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. h. Dedicate 60 -feet of right-of-way for Records Drive from a point 300 -feet south of Fairview Avenue to the south boundary of 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. H. The standard impact fee for the adjacent Family Center reiail center is 52,298 per 1,000 sq ft of building area. The original 850,000 sq ft retail complex would normally be expected to pay a Road Impact Fee of approximately S2 million. The applicant has submitted an individual assessment for the project site. The assessment identified the site's location adjacent to a State Highway and reported an impact fee of 51,744 per 1,000 sq ft of building area. The original 850,000 sq ft retaia complex would normally be MCPA9902.CNEA PaL,e 5 Generalized Land Use Map. 12. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Recommendations of the Ada County Highway District as follows: 1.1 Dedicate sufficient additional right-of-way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall lie dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 1.2 Dedicate 76 -feet of right-of-way (38 -feet from the centerline) for Records Drive from Fairview Avenue to a point 300 -feet south of Fairview Avenue and 60 -feet of right-of-way (30 -feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. 1.3 Construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822 -feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 1.4 Prior to opening of the development, construct pavement widening on RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - 13.09 acres - DEVELOPERS DIVERSIFIED REALTY CORP. expected to pay a Road Impact Fee of approximately S 1.5 million. The District accepted the individual assessment, thereby reducing District Impact Fee Revenue by almost 5500,000. The current application will likely include a 200,000 -square foot retail building. Under the current impact fee stricture, the applicant would be expected to pay a Road Impact Fee of approximately 5460,000. Using the cost figures from the previous assessment, the impact fees would be expected to total 5350,000 assessment, thereby reducing District Impact Fee Revenue by almost S l 10,000. ACHD's Park & Ride Division Staff has indicated the need for a Park & 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 Park & Ride area. K. 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. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Pat Nelson at 387-6160 for further information. L. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) 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. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, car pools, bicycle and walking enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. M. In accordance with District policy the applicant may constrict a maximum of three driveways on Fairview Avenue a minimum of 440 -feet for a full access driveway and 220 -feet for a right- in/right-out driveway from any public street intersection and 220 -feet from all existing or proposed driveways. The maximum driveway width should be 40 -feet with a minimum storage length of 100 -feet. The applicant should also be required to install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Pavement tapes should be constructed with 15 -foot radii at any proposed driveway. Coordinate the design, storage length and location of any proposed driveways with District staff. y N. In accordance with District A maximum of three driveways should be approved on Records Drive. The driveways should be located a minimum of 175 -feet south of Fairview Avenue and aliened or offset 150 -feet from all existing or proposed driveways. The driveways should be constructed as 24 to 30 -foot curb return driveway with 15 -foot curb radii. The minimum MCPA9902.CNINI Pale 6 storage length should be 50 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. O. 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 parcel to the east to use this parcel for access to the public streets prior to issuance of a building pen -nit (or other required pen -nits). The District intends to require a similar agreement of the owners of the parcel to the east if they are the subject of a future development application. P. As required by District policy, restrictions on the width, number and locations of drivewways. may be placed on future development of this parcel. Q. The District completed an access control plan for the entire Eagle Road corridor in 1997. An important recommendation of that study was the proposal for a ;rade separated interchange at the Eagle/Fairview intersection. Although construction of the interchange is anticipated beyond the 20 -year planning period, the Long Range Transportation Plan establishes the policy that the District should preserve the right-of-way now to ensure that the needed land will be available when construction begins. R. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development only with the additional requirements outlined within this report. The existing transportation system is not adequate for the anticipated traffic volumes without improvement. The following requirements are provided as conditions for approval: Site Specific Requirements: 1. Dedicate sufficient additional right-of-wav to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-vvay 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. 2. Dedicate 76 -feet of right-of-way (38 -feet from the centerline) for Records Drive from Fairview Avenue to a point 300 -feet south of Fairview Avenue and 60 -feet of right-of-way (30 -feet from centerline) for Records Drive from that point" to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. The owner will not be compensated for this right-of-wav because Records Drive is a local street.. 3: Construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822 -feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building pernit. MCPA9902.C:NIM Paine 7 4. Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. The cost of this improvement will be offset from the road impact fee to be collected for the development. 5. Construct a maximum of three driveways on Fairview Avenue a minimum of 440 -Feet fora full access driveway and 220 -feet for a right-in/ri,ht-out driveway from any public street intersection and 220 -feet from all existing or proposed driveways. The maximum driveway width will be 40 -feet with a minimum storage len,th of 100 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15 -foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. 6. Construct Records Drive as a 65 -foot street section (with curb, gutter and 5 -foot wide concrete sidewalk) from Fairview Avenue to a point 300 -feet south of Fairview Avenue. Records Drive shall be located approximately 2,100 -feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound througlVright-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300 -feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 7. Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left -turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. S. A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175 -feet south of Fair -view Avenue and aligned or offset 150 -feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30 -foot curb return driveway with 15 -foot cu.urb radii. The minimum storage length shall be 50 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 9. Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. Standard Requirements: 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 requirement to be reconsidered and include a written explanation 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 a m on the Ly 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 MCPA9902.CL1N1 Paye 8 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. 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 S 110.00. The request for reconsideration shall Specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission ;,t the time of its ori=inal decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission a_rees 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. 4. All design and construction shall be in accordance with the Ada County Highway District Policy iVianual, ISPWC Standards and approved supplements, Constriction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 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 of this 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 riles, 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. MCPA9902.CNINI Pa«e 9 JUL 29 199 12:05 I-,-iwall juca.-ovwc-wauv-o:y,rv/.---c vvfu T*vzvrn,^rerx-cvorwzz uci-•'crarnvrvvu 208 342 2627 PAGF.f�� v m m r O Io m X nm z;a _co) �v n m a r 4 n O 70 rHurl ULAkK UtVtLUNMtNI 208 342 2627 0 CLARK DEVELOPMENT July 28, 1999 Mr. Malcolm MacCoy Chairman, Planning & Zoning Commission City of Meridian 33 E.Idaho Meridian, Idaho 83642 JUL 301999 CITY OF ERIDIAN PLANNING & ZONING REcIT,�:TVED JUL 2 9 1999 City of INTeridian City Clerk Office 1kb.1!/YYI� Re: Annexation and Rezone applications by Dakota Company for 4000 E. Fairview Dear Chairman MacCoy: This letter is to express our support for the application by Dakota Company Inc. on behalf of Developers Diversified Realty Corp: for annexation and zoning of property at 4000 E. Fairview Avenue. I am writing on behalf of Terrace Lawn Memorial Gardens Inc., which owns the bordering property to the south and east of the property in the subject application. We believe, however, it is appropriate and. essential that a development agreement be created between the City and developer to assure that several issues relating to this development are addressed. We understand that these will be addressed at a later date but would like to briefly summarize those issues we believe are important from our perspective as the bordering property owner on the east and south sides of the proposed addition to the development. • The location and type of buffering walls and landscaping on the south and east boundaries of the development. Noise and light mitigation and operating requirements such as those conditions included in the October 20, 1998 conditional use permit for the currently approved Family Center. • The construction and location of Venture Street as extended on the eastern side of this development. If there are any questions, please feel free to contact me. Sincerely, �Wl Bill Clark 479 Main Street, Boise, Idaho 83102. 208!342.2625 • fax 2081342.2627 • clarkdev®micron net JUL 29f'99 12:05 2oe 342 2627 PAr,F.07) CP, ENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT DISTRICT Environmental Health Division HEALTH a , DEPARTMENT Rezone /� Z Ql �7 — O/2, Conditional Use # Preliminary / Final / Short dPlat i Return to: ❑ Boise ❑ Eagle ❑ Garden City Meridian Kuna ❑ ACZ . We have No Objections to this Proposal. J U L O,6 1999 2. We recommend Denial of this Proposal. CITY OF ME, RIDIAN PLANNING & ZONING ❑ 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: ❑ high seasonal ground water ❑ waste flow'characteristics ❑ or bedrock from original grade ❑other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. s L. ❑ 7. This project shall be reviewed Sy the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval,from appropriate entities are submitted, we can approve this proposal for: E] central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved,by the Idaho Department of Health & Welfare, Division of Environmental Quality:, LI - E] central sewage ❑ community`sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ If. This Department would recommend deferral until high seasonal ground water can be deterrnined'if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed,`then a sewage system MUST be installed to meet Idaho State Sewage x Regulations. q a ❑ 13. r We will require plans be submitted,for a plan review for any: ❑ food establishment, " ❑ swimming pools or spas ❑ child care center w; ❑ beverage establishment ❑ grocery store ❑ 14, - Date: 71 1,15"5 Reviewed By: -CDHD 10/91 Kb, rev.,/9, Review Sheet K g „ t 0 Memo To: Will Berg Brittney Louie From Shari Stiles tCC:.�.,�FM Date: 05/19/99 Re: Tom Bauwens / Dakota Co. Annexation Application at 4000 E. Fairview Tom Bauwens of Dakota Company has requested that the Annexation Application for the property at 4000 E. Fairview be heard at the same time as the Comprehensive Plan Amendment Application. Our department is holding the application (which is complete) but have decided not to process it until instructed by the Commission. Bill Gigray offered the following advice on the matter. If the Developer/Applicant insists that the matter be heard by the Planning & Zoning Commission, he recommends that I place the matter before the Commission for a motion to consider the zoning and annexation at the same time and that I staff the Commission with my opinion and the Commission can then decide whether to place the matter on its agenda for public hearing and notice the application. I would like to request that this be placed on the 6/17/99 Planning & Zoning agenda. Per Bill Gigray, this is not a public hearing. It is only a motion, which would follow the procedure on pages I 1 & 12 of the 'Development Application Procedures for City Council" document. 0 Page 1 n t e, r o f f i,c,e MAY 16 1999 MEMORANDUM ARIDIAN To: Brad Hawkins -Clark From: Wm. F. Gigray, III Sd bject: TOM BAUWENS'Y DAKOTA CO. ANNEXATION APPLICATION AT 4000 FAIRVIEW Date: May 18, 1999 Brad: In responk, to your memo of 05/12/90 requesting advise on the above matter, please Ve advised that I agree that in this circumstance the provisions of § 11- L2-416 D 2,..Municipal Code, require the,process and adoption of a Comprehensive Plan -amendment before there is a consideration of the zoning amendment. I am also of the opinion that § 11-2-416 A, Mufficipal, Code, include annexations and zoning designations upon annexation. I am of the opinion that this procedure is also required by Idah6 Code §67-6511 1(b) and (c). If the Developer/Applican(insists that the matter be+ heard by the Planning and Zoning Commissio ' n,,l recommend"that the Administrator place the matter before the Commission for a motion to consider the zoning and annexation at the same time The Administrator should -staff the Commission with the. Administrator's opinion and the Com -mission could then decide whether to place the -matter on its, agenda for public hearing. The Commission could follow the procedure at § 11 of the "City Council Zoning and Development Ordinance Policy and Procedure" at pages 11 and 12�of the "Development Application Procedures for City Council City of Wiidian". If you need further assistance on this matter pleas& advise. msg/ZAWork\M\Meridian 15360M\Dakota\]3radHawkins-ClarkMemo051799 Coriclusion of Law: 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 evelopment:Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. " Submitted bv• pate of Commission � tion• Pla._ nninQtand DevelonmPnr cry ff _ Ju v_ 7 1999 NICPA9902.CN1N1 Pace 10 200 E. Carlton Suite 201 Meridian, ID 83642 Phone: (208) 884-5533 Fax: (208) 887-1297 Fac To: Tom Bauwens — Dakota Co. CITY OF MERIDIAN Planning & Zoning From Brad Hawkins -Claris Fac 343-4954 Pages: 1 Phones 343-5223 Data: 05/18/99 Res Annexation Application — 4000 E. Fairview M. Shari Sties, Will Berg (City Clerk) E3 urgent 0 For Review E3 Please Conunent CI Please Reply ❑ Please Recycle Tom, In follow --up to our phone conversation this morning, this confines in writing that staff will request the Clerk to place a motion on the June 171P&2 Commission agenda requesting a Commission decision on the above application for 13.09 acres. The staff report will rind that a fined decision be made on the Comprehensive Plan Amendment application prior to consideration of the Annexation application (as per my 5/11/99 fax memo to you). Please note that the Annexation application on June 17 will not be a public hearing. The Clerk will not formally notice the Annexation application until requested to do so by the Commission. Brad 200 E. Carlton Suite 201 Meridian, ID 83642 Phone: (208) 884-5533 Fax: (208) 887-1297 FaX To: Tom Baumfens — Dakota Co. F+orm Brad Hawians-Clark Fac 34.3-4954 Pages: 1 Phone: 343-5223 Dater 05/18/99 Re: Annexation Application —4000 E. Fairview CC: � SWn Stiles -1, Wig Berg (City Cleric) ❑ Urgent 0 For Review 0 Please Comment ❑ Please Reply 0 Please Recycle Tom, In follow-up to our phone conversation this morning, this confirms in writing that staff will request the Clerk to place a motion on the June 174' P&Z Commission agenda requesting a Commission decision on the above application for 13.09 acres. The staff report will recanmend that a final decision be made on the Comprehensive Plan Amendment application prior to consideration of the Annexation application (as per my 5/11/99 fax memo to you). Please nate that the Annexation application on June 17 will not be a public hearing. The Clerk will not fomnally notice the Annexation application until requested to do so by the Commission. IOF mn? -4claCunlq-_'Ric"OT CUGCGf !6 CJ I r i CI Sherry R. Huber, President 318 East 37th Street Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e-mail: tellus(a)achd.ada.id.us July 13, 1999 �UIVE TO: Developers Diversified Reality CPA J U L 2,6 1999 Dakota Company Inc. Tom Bauwens City'a� ��eriian City Ciers dice 380 E. Parkcenter BLVD, Suite 100 Q3qt, C� Boise, Idaho 83706 (Z " FROM: Steve Arnold, Senior Analyst Planning & Development Division SUBJECT: MCPA99-002/RZ99-007 Comprehensive Plan Amendment Application Your application for the above referenced project was acted on by the. Commissioners of the Ada County Highway District on July 7, 1999. The attached staff report list conditions of approval and street improvement which are required. If you have any question, please feel free to call me at 387-6170. SA CC: Chron Project File John Edney Chuck Rinaldi ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report MCPA99-02/MRZ99-07 Fairview Avenue/Records Drive The applicant is requesting a comprehensive plan amendment to change the land use of 12.3 acres from single family residential to commercial uses. The existin, zonin` of the site is I -L and the applicant is requesting a C -C zone. The site: is located at the southeast comer of Records Drive and Fairview Avenue. At the present zoning, the site could generate approximately 600 vehicle trips per day. With the proposed zoning the site could generate approximately 2,000 vehicle trips per day. On September 23, 1998, the Commission approved MCUP98-17, a request for conditional use approval for an 848,000 -square foot retail shopping center. That 74.74 -acre site is located on the southeast comer of Eagle Road and Fairview Avenue in Meridian. That development is estimated to Qenerate 26,950 -additional vehicle trips per day upon full occupancy based on the Institute of Transportation Engineers Trip Generation manual and the submitted traffic study. 619,868 -square feet are proposed to be developed in the first phase of the project. The District required a traffic analysis and conceptual review of the entire site including the new proposal plus the current site to the west, MCUP98-17, because of the concern for traffic volumes and operations. - Roads impacted by this development: Eagle Road, Fairview Avenue Records Drive ACHD Commission Date - July 7, 1999 - 12:00 p.m. _ w — z .__MEADOWGRASS -; _.GRANGER_ - - ---- __ _. - CLOVER.MEADOWS - w p UY Ei _ SITE -- _ _.. �_ ............... ._.__ ` FAIRVIEW WILSON -JEWELL = O SUNNYDALE g PINE - O __.--_..DRIFTWOOD pRESIDENT _ ..COMMERCIAL-..__ EXECUTIVE • MAY -06-99 10.16 FROMrDEVELOPERS DIVERSIFIED r. K ! O i Q N- a 10.2162471119 :1 a LU I. - I' A i S. Both Eagle Road and Fairview Avenue are five lane facilities abutting the project site with free right -turn lanes on all legs of the intersection. 9. The Eagle Road Access Study recommended a future grade separated interchange for the Eagle/Fairview intersection. 10. The Current APA model assumes an average annual increase of traffic on Eagle Road of 4%. The observed traffic increases have averaged 20% per year over the last four years. 11. The Eagle/Fairview intersection currently operates at LOS D. 12. , The Eagle/Fairview intersection will operate at LOS F with the existing geometry and the "existing plus project" traffic volumes. The intersection can be made to operate at an acceptable LOS E condition with the provisions of dual left turn lanes and free right turn lanes,on.all approaches. This change will require moving at least two signal poles and adding pavement as well as restriping. The signals currently provide pedestrian actuated movement across Fairview Avenue and. Eagle Road, and this provision for pedestrians must be maintained after any modifications to the intersection. 13. The Fairview/Records intersection will operate at LOS D with the existing plus project traffic volumes. The intersection will require signalization and dual left turn lanes on all approaches in order to maintain a good.LOS. Staff recommends that two northbound left -turn lanes be constricted on-site by the developer, with a signal installed appropriately to accommodate fixture dual left -turn lanes on Fairview Avenue to be constructed by the District when needed. 14. The remaining, unsignalized, frill access site driveways will operate similar to right- in/right-out facilities. The through traffic volumes on both streets are so high that there will be few opportunities for left -turns at any of the non -signalized intersections. These driveways will operate at an acceptable LOS E or better for outbound left turns and inbound left turns Q111y if the signalized intersections are constricted as shown above. The demand for left turns at the unsignalized intersections far exceeds the available capacity. These intersections only function acceptably because the excess traffic can be diverted to a signalized intersection at Records Drive. This condition is caused by a combination of high traffic volumes on the arterial streets and at the site driveways. F. The preceding analyses identified the following public street improvements needed to accommodate the additional traffic created by this project and the normal growth of background traffic: I . Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Locate the signals to accommodate future dual left -turn lanes on Fairview Avenue. 2. Construct dual northbound left turn lanes on Records Drive at the Fairview Avenue intersection. 3. Construct Pine Avenue from Eagle Road east to the eastern property line of this project. Two lanes are needed from the western driveway to the eastern property line. Four lanes are needed from the western driveway to the western property line. 4. Construct curb, gutter and an eastbound lane to Fairview from Records Drive to the east property line. G. Fairview Avenue is a classified roadwav and, as such, would be eligible for the use of impact lcc° revenue to increase their capacity, if suchimprovement is included in the Capital Improvements Plan (CIP) and the Five Year Work Program (FYWP). None of the improvements recommended by the traffic impact study are included in the FYWP. Some of MCPA990?.CMNI Paze 4 expected to, pay a Road Impact Fee of approximately S 1.5 million. The District accepted the individual assessment, thereby reducing District Impact Fee Revenue by almost 5500,000. The current application -will likely include a 2001'000 -square toot retail building. Under the current impact fee structure, the applicant would be expected to paw a Road Impact Fee of approximately $460,000. Using the cost figures from the previous assessment, the impact fees Would be expected to total 5350,000 assessment,- thereby reducing District Impact Fee Revenue by almost S 110,000. ACHD's Park & Ride Division Staff has indicated the need fora Park & Ride location at the applicant's site. The District requests that applicant `rant 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 Park & Ride area. K. 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 awanntual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For -more information contact Pat Nelson at 387-6160 for further information. L. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) 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. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, car pools, bicycle and walking enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. M. In accordance with District policy the applicant may constrict a maximum of three driveways on Fairview Avenue a -minimum of 440 -feet for a frill access driveway and 220 -feet for a right- in/right-out driveway from any public street intersection and 220 -feet from all existing or -proposed driveways. The maximum driveway width should be 40 -feet with a minimum storage length of 100 -feet. The applicant should also be required to install a 36" by 36" high intensity STOP sign at the d'riveway's intersection with Fairview Avenue. Pavement tapes should be constructed with 15 -foot radii at any proposed driveway. Coordinate the design, storage length and location of any proposed driveways with District staff. N. In accordance with District A maximum of three driveways should be approved on Records Drive. The driveways should be located a minimum of 175 -feet south of Fairview Avenue and or offset 150 -feet from all existing or proposed driveways. The driveways should be constructed as 24 to 30400t curb return driveway with 15 -foot curb radii. The minimum NICPA9902.CN1.N/1 Pa `e 6 Facts and Findings: A. General Information Owner - Developers Diversified Realty Corporation Applicant - , Developers Diversified Realty Corporation care of the Dakota Company Inc. I -L - Existing zoning - C -C - Requested zoning 12.3 - Acres I 0 - Square feet of existing building 145 - - Traffic Analysis Zone (TAZ) West Ada .Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District ,F Faale. Rosad(State Highway,5 ) Principal arterial Traffic count 27,564 on 10/97, peak hour count on 9/8/98 = 2801 vph s/o Fair -view Avenue 0 -feet of frontage Comply with ITD requirements Eagle Road is improved with a 78 feet of pavement with five travel lanes and no curb, gutter or sidewalk. Eagle .Road; is State Highway 55 and is under the jurisdiction of the Idaho Transportation Department (ITD) Fairview Avenue Principal arterial - Traffic count 21,900 on 10/97,peak hour count on 9/8/98 = 2026 vphe/o Eagle Road 708 -feet of frontage -feet existing right-of-way (-feet from section line) 120 -feet required right-of-way (60 -feet from section line) Fairview Avenue is improved with a 68 feet of pavement with five travel lanes and no curb, gutter or sidewalk. Records Drive Local commercial street with no bike lane designation Traffic count not available 822 -feet of frontage No existing right-of-way 60 to 76 -feet required right-of-way (30 to,38-feet from the future centerline) Records Drive has not yet been constructed between Fairview Avenue and the Crossroads Subdivision. A paved, but temporary access has been constructed as a secondary access to the residential development. This access is temporary until the'current appticatiori'or the applicant to the west, wh constructs the final segment. MCPA9902.CMM Paue 2 the recommended improvements will be necessary in the future to accommodate traffic growth withou the traffic that will be generated by this proposal, and the District would be constricting those improvements at the appropriate time, partially funded from impact fee revenue. The large volume that will be generated by the proposed development accelerates the need for those improvements. Staff has evaluated the relative benefits that will be realized by the general traveling public from the various recommended improvements and suggests that they be considered in two categories, system improvements and site related improvements as follows: System Improvements are capital improvements other than a site -related improvement which is a public facility and is designed to provide service to the community at large. The costs of these improvements would be offset from the Road Impact Fees for the project: a. Construct curb, gutter and an eastbound lane on Fairview Avenue from Records Drive to the east property line. b. Dedicate 60 -feet of right-of-wav from the centerline of Fairview Avenue from Records Drive to the east property line. The District will require additional right-of-way to be dedicated on Fairview Avenue for the westbound left turn lanes at the Fairview Avenue/Records Drive intersection. Coordinate the roadway design and right-of-way dedication with District staff. Site -related improvements are capital improvements or right-of-way dedication for direct access to and/or within the proposed project or development. The costs of these improvements must be borne by the developer of the project: C. Construct a traffic signal at the Fairview/Records intersection. d. Constrict dual northbound left turn lanes on Records Drive at the Fairview Avenue intersection. The signal will include provision for Opticom equipment. e. Construct a five-foot sidewalk on Fairview Avenue abutting the site. f. Constrict five-foot sidewalks on Records Drive abutting the site. g. Dedicate 76 -feet of right-of-way for Records Drive from Fairview Avenue to a point 300 -feet south of Fairview Avenue through 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. h. Dedicate 60 -feet of right-of-way for Records Drive from a point 300 -feet south of Fairview Avenue to the south boundary of 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. H. The standard impact fee for the adjacent Family Center retail center is 52,298 per 1,000 sq ft of building area. The original 850,000 sq ft retail complex would normally be expected to pay a Road Impact Fee of approximately S2 million. The applicant has submitted an individual assessment for the project site. The assessment identified the site's location adjacent to a State Highway and reported an impact fee of 51,744 per 1,000 sq ft of building area. The original 80,000 sq ft retail complex would normally be MCPA9902.CMM Page 5 storage lenzth should be 50 -feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Records Drive. O. 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 parcel to the east to use this parcel for access to the public streets prior to issuance of a building permit (or other required pen -nits). The District intends to require a similar agreement of the owners of the parcel to the east if they are the subject of a future development application. P. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. Q. The District completed an access control plan for the entire Eagle Road corridor in 1997. An important recommendation of that study was the proposal for a grade separated interchange at the Eaale/Fairview intersection. Although constriction of the interchange is anticipated beyond the 20 -year planning period, the Long Range Transportation Plan establishes the policy that the District should preserve the right-of-way now to ensure that the needed land will be available when constriction begins. R. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development only with the additional requirements outlined within this report. The existing transportation system is not adequate for the anticipated traffic volumes without improvement. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate sufficient additional right-of-way to total 60 -feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 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. Dedicate 76 -feet of right-of-way (38 -feet from the centerline) for Records Drive from Fairview Avenue to a point 300 -feet south of Fairview Avenue and 60 -feet of right-of-way (30 -feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. The owner will not be compensated for this right-of-way because Records Drive is a local street. 3: Construct a 5 -foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 1-1 822 -feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building per -mit. MCPA9902.CNIM Paye 7 B. 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 357-6280 (with file numbers) for details. " C. Eagle Road traffic volumes have increased an average of 16% over the last seven years. Traffic has increased an average of 20% over the last four years. The APA model assumes a 4% annual growth rate until the Year 2015. While it is unlikely that the 20% growth rate will be maintained, the APA forecast is likely low, based on observed development rates and counts. D. District staff requested an extensive traffic impact study summary for MCU98-17 and this project because: 1. the proposed development exceeded the District's trip generation threshold for commercial developments, 2. concern about the impact of the development on traffic accessibility to Eagle Road and Fairview Avenue, and �. concern about the operation of the Eagle/Fairview intersection. E. A Traffic Study has been submitted for the proposed comprehensive plan amendment and rezone. The,traffic study included the development at the southeast corner of Fairview and Eagle. The key findings of the study are as follows: 1. The proposed project is estimated to generate 2,040 additional total daily vehicle trips. The actual additional traffic volume added to the street system is approximately 1,500 daily vehicle trips because of pass by trips already on the adjacent roadways. 2. The proposed project is estimated to generate 225 total peak hour vehicle trips, adding approximately 225 peak hour vehicle trips to the external trip network because of pass by trips already on the adjacent roadways. 3. The anticipated peak hour vehicle trips are the result of a trip rate of 4.225 peak hour vehicle trips per 1,000 square feet of floor area. This number is in compliance with the data provided by the Institute of Transportation Engineers (ITE). District staff completed peak hour traffic counts at two smaller -local shopping centers. The observed numbers matched the ITE data for a similar sized shopping center. Staff therefore accepts the submitted figures for peak hour trip generation. 4. The submitted site plan shows several driveways on Fairview Avenue and Records Drive. 5. Records Drive is currently a private street from Fairview Avenue to the Crossroads Subdivision but will be dedicated as a public street and designated as a local - commercial road with this application. The analysis assumed that the Records/Fairview intersection, will be signal controlled. 6. In addition to Records Drive, there are three other proposed driveways on Fairview Avenue. The western -most driveway (Driveway A on the attached map) is proposed for right-on/right-out operation. The other two driveways meet District policy for full access operation. Current District policy allows a maximum of three access points for one frontage. 7. Both Eagle Road and Fairview Avenue are principal arterials. As such, Level of Service (LOS) E is an acceptable condition for the intersections on both roadways. N[CPA9902.CMM Page 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. 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 S 110.00. The request for reconsideration shall specifically identify each requirement'to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decisions The request for reconsideration will be heard by the DistrictACommission 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. 4. All design and constriction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Constriction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Constriction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this 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. S. 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 riles, 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. MCPA9902.CNEM Paue 9 1 Conclusion of°LaNv: 1. ACHD requirements are intended to assure that the pfoposed 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. b Submitted by: Rate of Commission Action• Planning and Development Staff �Iuly. 7 1999 MCPA9902.CM'VI Paze 10 MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 29.1999 APPLICANT: DAKOTA COMPANY AGENDA ITEM NUMBER: 4 REQUEST: ANNEXATION & ZONING OF 13.09 ACRES (ZONE C -C) — 4000 E. FAIRVIEW, "/Z MILE EAST OF EAGLE ROAD AGENCY COMMENTS CITY CLERK SEE ATTACHED COMMENTS/MINUTES CITY ENGINEER: CITY PLANNING DIRECTOR: _. CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED COMMENTS CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY WATER DEPT: SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. a y MEMORANDUM: To: Planning & Zoning Commission, Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer'-:�ie Re: Request for Annexation and Zoning to C -C of 13.09 Acres by Developers Diversified Realty Corp. 11 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 July 22, 1999 RECEIVED JUL 2 2 1999 City of Meridian City Clerk Office I 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. The legal description for annexation included in the application appears to meet the requirements of the City of Meridian, and State Tax Commission. I have forwarded an approved copy of the legal description to the City Attorney's Office for their use in the preparation of the annexation ordinance. AZ -99-012 n DDRC.AZ.doc HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live City Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 y MEMORANDUM: To: Planning & Zoning Commission, Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer'-:�ie Re: Request for Annexation and Zoning to C -C of 13.09 Acres by Developers Diversified Realty Corp. 11 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 July 22, 1999 RECEIVED JUL 2 2 1999 City of Meridian City Clerk Office I 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. The legal description for annexation included in the application appears to meet the requirements of the City of Meridian, and State Tax Commission. I have forwarded an approved copy of the legal description to the City Attorney's Office for their use in the preparation of the annexation ordinance. AZ -99-012 n DDRC.AZ.doc Meridian Planning and Zoning Commission June 17, 1999 Page 3 F, first one would start it running. Say you had two at the same time. That could pose a problem. Borup: So more than one item couldn't be combined as a — Gigray. No. If it's one application for a Comprehensive Plan change, that's one item. But if you had developer A who requested a Comprehensive Plan, and you had developer B who requested a Comprehensive Plan change, and developer A's matter was approved, because it was first on the agenda, then you would have a problem with item B, if you recommended a change. That would all be handled, I'm sure in staffing if that issue came up. Borup: So we couldn't approve several applications at the same meeting and have— Gigray. Not if it involved a Comprehensive Plan change. If it is one application by one developer, then I think you can do that. Borup: So we couldn't combine several applications into one recommendation? Gigray: There is a possibility you could do that, but I think you would have to make some procedural moves ahead of time and you'd have to get the (inaudible) and agreement on the part of the application to do that. Borup: Yes, Thank you. I had one other item I think we can handle that right now. The applicant has requested Items 2 and 3 to be reversed—to hear 3 first and then 2. He felt that would enable us to have a better understanding of Item 2 when we get to it. If none of the Commissioner's have any objections, I'd like to proceed in that order then. Okay, I'd like to get back to Item Number 1. De Weerd: Mr. Chairman. I move that we approve the agenda with the mentioned changes. Smith: Second. Borup: All in favor. MOTION CARRIED: ALL AYES. Borup: Thank you. Item Number 1. ITEM 1: DISCUSSION OF. ANNEXATION APPLICATION FOR PROPERTY AT 4000 E. FAIRVIEW BY DAKOTA COMPANY: Borup: Shari. Would you like to introduce. Meridian Planning and Zoning Commission June 17, 1999 Page 4 Barbeiro: Mr. Chairman. Prior to entering into Item Number 1. My employer is currently constructing a large commercial project within Phase 1 of the Family Center, under the direction of Dakota Company. To avoid any appearance of a conflict of interest, I request the Chair excuse me from agenda items 1,2 and 3. Borup: Okay. Thank you commissioner. Duly noted. Commissioner Barbeiro as he mentioned, will not be participating -in the first 3 items. Miss Stiles.. Stiles: Mr. Chairman. Commissioners. The memo that we have dated June 17, 1999, that addresses the Comprehensive Plan amendment that Item Number 1 is our comment on the. discussion of the annexation application that we did not process. I'll just read it in the record. Although the applicant has also submitted a request for annexation and zoning of the 12.3 acres, staff did not process the annexation and zoning application -as it is not in compliance with the Meridian Comprehensive Plan. As no action could be taken on the annexation request, other than a denial, staff felt the time and energy expended would take away from valid requests. Borup: Any questions on that from any of the Commissioners? We do have the applicant here, so I think we ---did you have any other comment on Item Number 3 before we—well do we`have any other discussion on that then?, Yes. Proceed. Stiles: I don't have anything in addition for Item Number 1. Borup: Okay. Commissioners understand what she was trying to say there? Okay. Did you have—Okay let's open up the hearing for Item Number 3. Applicant is here. You may proceed. ITEM 3: PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE OF 12.3 ACRES FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL BY DEVELOPERS DIVERSIFIED REALTY CORP DAKOTA COMPANY—SOUTH OF FAIRVIEW & EAST OF RECORDS AVE: Durkin: Mr. Chairman. I am a little confused on one point. I thought that I would be allowed to offer testimony as related to that discussion the first agenda item, so I would just like to offer a couple comments on that. Borup: Does that cover things that aren't covered in the other two. I think that would be appropriate. Proceed. Go ahead and say your name for the record. Durkin: My name is!Larry Durkin. My address is 380 E. Park Center Blvd. Ste 100, Boise, Idaho. I'd like to take a'few minutes to give a overview of the three applications that we've submitted tonight, if that's all right. Then I am going to:immediately address some comments relating to the first agenda item. I think it will be more clear with what we are trying to do if you give me, a moment to do a broad overview. As you know, the shopping center at Eagle & Fairview, is well under way. What we are trying to do 4QUI C LA I 'g D E ED. -j QtT ITChAl-KIDEh INN COR-PORATIO ON- li he '15 TN"FN'TUTZE. M.ade _his — ".7 J ---- ------- d - f t-,! 4. n..Jr-r the P -IMS 0 cuffj�oy:.tic'T) dj!ly ox,garized and Fn L County Of—­:�A-97t'-L IIrjr.CJn;!I onziice in Idaho tl,,e P.'LrtT OF tzie 5rt;t 1 ------- 7-7 f10- — -------- - --------- ---------- --- . .... .. -------------- ------ ------­------- ,.ut olized'by, hereunto -. 3 been o , f t' e gum o L-A itsi - paid by the ­.. ...... V Said palt��of the second tcl, 'r - ed and does. d forever qui n tn second part. of -' 7-77.. unto the said part • .lot J Ction j 0 f '10 ijorr, I ine e n nd ria. - � n a -------- ... ...- j -, - . .... 1, - li ne 1, e r 130 J. s ebed ed_c n ---------- c?:w ng -0 f r ro U S 't 751�t. of. j- official_ ...... C. Det) ent 'Zyj 0 ­- j th.- - I I ! n f Zjojl.-Of tn.,. 'T !�. In-;a..,00ru_ 5 "1 J Jay in d' T d s,n r' t Hignwa.� e S 81 a -.cr StatiO­ Te- ----; n t: trc 'ncl A 4 ----------- 0 ­Oxarz t 0 7'�_ e I - - _7 a s n- R"84 9 ' deion --- 8 0 S 3 a. 0 tir f fee., i-09tation Orth h b 0=1 Orel zU�iOX i r1 '6 "n t i 0 ()j,:a�te r c )rner .0 - -- -------- llorurl ler assn .... ....... ....... Eoi 'se by av dedicat.. -0()rtinn .,--,d being 0 --ibed, . ... ....... pva ------- - sn 7", - •-- ", ... i!i ,t.c 1.. Imo. .., .... - .. p;,. ' of t..e firs: -- •.. tllc seccnd part. ^_ been hereunto dui;- ,, wr.%ed by -T'T-;ESSE-i, That the said r^.rty the Srat part, having for and in consideration of the sum oL___— of its Board of Directors, AVC. .ien .... .. .I,TT by the said part__r_.. _.of the second United State§ of �?nie`rica to it in hind paid money of the and forever quitc:i aed and does hercby ack howled ed, has remised, relelsed, r receipt•.hereci Y ti second part ' ' . f P UITCL_4LI,unto the said part _of and orac.r � rant e; release, of p rc L y r sor s t pied ^d a,cig:is._ r`.,�..+�. pfd— �— X101:8' +o iyir,n,..... ........... -•-------...----- .. + • l; ;nZer nt ,; ia. .c;.. •., .. line of ac tion NOT' — -h' -North le t.n ,_ described anter �iiae y o+ ".lU. S. 3Q - Pro- t f l plst of „ 0 of tt, Desa„t ent _— -1'- ' 1' ce of —Ei - i :OOrti Gil Oi n a tl r y 1S1 h, -a— SUS JVs'' ri!11 1 Q v �O ?oi 'W1Ls. t,. ,th colncidenu 3 ::oma L:} Rankeaot,y'l�Ise said,,r� Z�. >�.8 fe. +o. Station „•-ont 0'0'01 O:i1 BNC: c.7u.. 1 Z1S 11U o c or,er..of ,.octlon „ - '_c,yr 7,� aub o �e o^ oer bej;� e t•3rPd ,appro:,�a 1, lrillie r r gid' th�S .. tYY'„y V rJL•. r: 11'.'}.c u10 �^.7 •' t1 - - _ _ •`7 ) l..l. . -t' V ,� Y 1 /� a �' .. .L .. - _e d �;� ^,y �- a r�ai 10ropArty. . rcn°�^uctea on sai .. - - _ _ — `: LT._�'.'.•�'•'_ _ _-,,.. _i f?'.?•Z"�Nit�lT-T.t"!t' t Y1,P�_.�•C �i`7 E Yj L / ��, }. t'�'f - anccs, an.o P 4 max. -l•n;. ; c together wi h the allp,. :r. 1 I• , nd .;in Hila* �[7 ;ai(i vrem.;+ �,At, L' AN '0 1CLD, . t 3f . �^ s `Ox�� assign forever. =a z �. Lite secora p rrz, _I'd o --- - �}v the first pari:, has caused its corgo_n :e nnme to e ��'iTi: 5 WHEREOF The 531E PnTt, of ' - Sent and Its corporate se.it to be affixed by i� --------- - by iz— t es + maid resolvl:on �h,1 d s a, a �' a S _crc,tar;' r,,, �„ance _ - - LAI�t N 1f:Ml A T Sid tcd, Se31zd ana Le?ive ea m tn� Presence of _ ~7 G ly Its ---/ 'resident — - __'_-Secretary C F in the y ear 19 — No'n1�Publlc in and for sa,d S ae pe onII �. s• A. — ea-l"r � P -t 43 3/4- I: ra-C Dot That SENTS, Hr THESE M idic;w )-TL m state _!,ze er If -of th a, the rez- benefitz -0 pal the certail co) to­ rLye7ed, , md tbzse Jiland.. on accoun.t.1.01..'.,.­,,,e ar'd Nb/1001,hs*-Do��_.v Ed and. co by and � the S,= giinta-d',' barPin.&d_1' so ty" itz 'r'aCk�0w1edged­ha' i4te.: aho econd par of Id ereor: is' hembV. &.onve7 =tO- the. -S f -land ;.-Itaated'in. the ba��DC 96U anc . d , ' 33-Ved Pa�.csi 0- : .+ --f0:L16wJj!g-- esc ,_Jpi�ents do gran f rever, ­he� s 0 rs and -assiZns a 'of- Idabol 'in - suece Ada the State'. C� v of- See tj On, ul� North' nd Of qra� i6i t e- betl;een the dn r* land I ying situat Iim. P 1 0 A s t rl'D 0- t 30i*se '.Jin3 **Of: I Rang a I Ess J cribed cen-iar North, `=` ing de�. 3det tile f ollow b, - Pro T o--.Tnshi p 3 1 p,Ll-t:. Of u. -C) o'feet-disr-snt SOuther-31.Y f r0l' offic.is the Dcpartment -of.. a s su;,veyed.an f i le -in the -.0-ffic �h( NW-, I f' - d sho'-M.On e 04' F-3281(5) liiighwaY SurveY On �ortion of _Isho and lY4--)- in, a. I I I ate 0 1 .ys of the St th, 9, Tovrnsh-!-;:) 3 ': G, r wh'ch of the said Iiighway. SUIVC 4- -34� id,. 4 VO"th a .0.:f eat 'nr ',a fee p e gi �e_ _�;rj_ately 2* ng ot 3-, on 9., Town� Jol�th' ge tion is poiit on s 0 rner, of Secti _,st the Niort" c 14 rth 89c59" Ea�st 4_� 2 "2'- f 0 e t'-'tO' F form -inning I �,ast, I-cise ,ihich 01 jilt �tation js.s.PO -1 No ation 1c,6+02.0 -nd 866.0 �e�t " , a- f6et 'East fMm-the. ( ridiam, el Y. C� 71 'Iorth, R2119e 0 - of P PI } %✓/ -1`_ o; of, othor vvab_- r ip —i S�]e.cert211 bCnez�t. -�� 1et rr 1 .+� : .,n eu.�--- these i sccouslt o_ V` t, i2.3+�d by �brained',. `old and con -eyed o second party, it^' i ' thereof is he—by ac}rno�tle'$ed3e� Tana convey oto the State. of I �d `itsated in the b a, described parcel of i Dissents do _ Btu 9 ever,e fOuOg to -i t:. �i State of Ida.. ! successors and as -'I $� i1. the Co ri aa of. Secti en- 9, i�orth line of ;n� S1tL'aLe'. et:aeen the - to an' �- 3iyd. 1i.`•�% v5i s =i c71 f I I strip o`• lard _)'- b :.+c-y_s.., . a lir: o Y l l Th $zn� 1 test, �o_Se - described center ism the follo�r_ng U� S. ;0 ?roject r t tangy Souther. y ; alPIF t of j ~J.0 iePv asurve ed.and st_own.on she G. ice cf •:tiie D partment .of ! _Thwsv as y Survey o�: f_�e .i,_ the o -.. .`T`_, x_3281(5) Highway in in a portion of the°f I State of jidsho and' °lY poise TtP '.i x33 an . .Z;atis or the .� :van}>, Eti_-t, .,. S;-ct'.�1 9, Te'•:^ship Su*ve , which 9.a. of the ssi.d. Highway. R at Station_ 155.5 �Of lately 2..7 feet Notch a'd 'Ran t s eginring. - Rent app Township 3 forth., oint.on tangy Section 9, I t to - stat on is a p Horth 89959'- East - 432.. ' feet to Ecst form. the north ('uarter corner of Seise h:eridian; thence running T r r r, anter.: 1 II 1 East, which, station is. a point c^ tan6ent I Stztion,159�92.0 of said Surv..J, feet T^ ^ Range East,_ois� yievidian: •. North and.866.0 feet Eas from the ?�o. t__.:�a -oxima.tely 3.5 y tip .p of Secti'n-9, T� oya.�V II, corn .r° 1 or•oth^zae as a pybli.c rosd ot . or �on_'.saac i dod3 sated bo P licac_"ea: of -t'�a 0 .9_�=_acron abov "`ng that P ed bein8 agpro�talY.... j �1tex right of tray rn�r --- r.. Jildascribad: - -- _---- 77 • �� �.., .�—j•�...� _c, c.. �. _..max-:_.�...�r ... .. -_ _�...rtnG'?���f�=ti?5•: -es there t3 and tananc hg---dlla� rerairider ann nmnts 7r� the -,,a �,_Verslr t -4 On TorETFER with a!, -ve, .tt,,. right, and inte -Z�lc It, Be aP')er+zira;Z3 all e in - arU'$-n- 0 i ts the2-0( to belonging Or ty,Or ssia �art ers, ra J, as -;n II� =n__ LtS i"UeS andpr"o.l. in law a2 --a:; pr op per'; rib ed prc". par.* entioned and des �. ular the aoove arj� to*:Lt_3 succes- All and si ng Of the second 1>1 rt 11 t'., - A Y'D M to th.epar =t PZL—Z 0 part, 4- t� ry To ! urtenam es, ether with the mLPP' the Occ rld I togeth. 'a" 'the partY Of 1`3 Tox-ever' - - ��,_ceablpossession of -d e r 5) -t . Cf t� le - first raz'., .he quiet and -Raid -,,)ai-t ly claiming 7 1�� claim said P�emi Ses a_ he r,,ns VhOmsoever la 16cessors End a )e T-zon and P6 fo re a -ad everY I antro '7sr Ca.nd-igainst all and by these prear pra°_ the . same •s hall and'4ill '6iaF�TT e above- described real scent to the such Bur - I an easement adJac -..s and structUres and . "'. I There is 'alsO gramed II and draili-199-c' the hignwaY I on..a t t; n of 'ation of Abe to the propel� cons -0 for raloc . y be neqessarY It I C! ches as.= Ta 'drain dit (rty* .' 1 constructed on said real pry ee 7" hall be by of 37-; g�f Wcing'st Of way eloca.- -I :'Coastrsction or -7. the at the �Olc �-_qpens e 0 ng­a�'�Zn3--"XIL- e q W, r Tj._,5�—a n t-0 r Be hack her eunt 19 -; 6. 0 C Z nz w-1ii' sz seal). ZM.d (seal) i (Seal). (Seal) C,UItv of a. No tary 19_4 before. me 7 the 11�d ::ed, allyappeared On this � Stat'. pe - 1.1 ,blict in and for sad sor to me to 'be the Whose nan--1,-: ..... =wa tat mnu- that. acknowledgedt this I .0 the f.regoing instri=e=t, day a jcar ill -1 the sffizedny offiaml se unto, set MY IN VVITNFSS . ..... . ....... �,VIIEIIMF, I have bere ccrti;ic.Ate first above Writte-3- for the State� ....... 11 �ublic in and .. missioll -7 b ci -0 —0 1 1B Q 0 t 0 S4 It 0 F �1t :_ ��r� e - '7t -r Darty of she second art, St ' �v—o�ss'ssioZ o the ?<. _ F, -•i n it the a v AZ`.d n? ?art .�.- . C1.113 I.t clair-;c' to ' -_ _ -o-s •._•,- :•ss�sr.s� rr�n9 tihotasoever3 . lauSu113' �:•l . nd'against all )-Id every ne mon �� these presentG forever ` hill Y.kIiI TT and by . I,. s3Alc ah?11 and j scent to the above d_scri bed real p=rop- I e ditches and st:uctur'.s and �;ch sir- ' - There is also grazsted hereby an easement add tion ur Lha high-,r`•q to be j I;I crty for relocat_on be necess=7 to irriga -- the pMP°r cons�r face drain ditches as zmq I� arty, _ flit constn=cted on said real pzOP - _- ,- fez g sha11 be by .'Na of right of way cin `tarn or r cc on.�be_ {. 4}; ea CSA .i 0 • i� at the sole expense o v hay e� hereunto set19 e .I2:W.IIN:SS'AHER'F�. �y of i s this ` (Seal.). i•,a^d s�rnd .sem ==-- . _ STT, a: =? l ,__.:.�(SBal) zk 1 as Covnty of ___- (Seal) 11 before re , the urriersi .ed� a. Notary _ c d Or this i �- w: ar~�'r;:onally anpeare ?txbl'_c in and for a 1 'moo Lo xa .'J 'P_ r„<c �: - r. a r ----- -w... iN.::subscr: :.e=zcuted she saw•' ed Ip Me that........ :. e this �or-60 ---s'r svz_.< .tea a__. __ dal seal tte.day a.d yoar in tii'I i ' c= :; `_ : , -_ c Y_•rrt;mta set . my hand aifxzed my offi / `cry s firs. �._ /�r7 ”' .___ Public in and for the Sias of..=' Residing at �C .S%✓..''tt-•• '1957 -; Expires gar. Y, 0. Ct t i O MG': C :.. '� i I i � •�..' 1--. ,.. r -t 1. y, 4J: /� vrt tl r s V I_ it o n `rE m E ii... _--�. �.I.-�`:. - � :�:: L' a.�,. e .. � < � [_7 LT �• it ��-:fc'�_: � (�..✓;) �""�'�"�!'�i � ?, a• _lam ---__�,_......raxNet7�.`t'-tc�vi ���`�litx'�,'���•r.'-���ci:".��'�-��.i�"^�`Jw•��ti �:' .�zs.�� -. I v � 1� v hay e� hereunto set19 e .I2:W.IIN:SS'AHER'F�. �y of i s this ` (Seal.). i•,a^d s�rnd .sem ==-- . _ STT, a: =? l ,__.:.�(SBal) zk 1 as Covnty of ___- (Seal) 11 before re , the urriersi .ed� a. Notary _ c d Or this i �- w: ar~�'r;:onally anpeare ?txbl'_c in and for a 1 'moo Lo xa .'J 'P_ r„<c �: - r. a r ----- -w... iN.::subscr: :.e=zcuted she saw•' ed Ip Me that........ :. e this �or-60 ---s'r svz_.< .tea a__. __ dal seal tte.day a.d yoar in tii'I i ' c= :; `_ : , -_ c Y_•rrt;mta set . my hand aifxzed my offi / `cry s firs. �._ /�r7 ”' .___ Public in and for the Sias of..=' Residing at �C .S%✓..''tt-•• '1957 -; Expires gar. Y, 0. Ct t i O MG': C :.. '� i I i � •�..' 1--. ,.. r -t 1. y, 4J: /� vrt tl r s V I_ it o n `rE m E ii... _--�. �.I.-�`:. - � :�:: L' a.�,. e .. � < � [_7 LT �• it ��-:fc'�_: � (�..✓;) �""�'�"�!'�i � ?, a• _lam ---__�,_......raxNet7�.`t'-tc�vi ���`�litx'�,'���•r.'-���ci:".��'�-��.i�"^�`Jw•��ti �:' .�zs.�� -. File Number: P179003 SCHEDULE C The land referred 'to in this Commitment is described as follows THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP`S NORTH, RANGE 2 EAST OF BOISE MERIDIAN JN ADA COUNTY, IDAHO. EXCEPT THOSE PORTION CONVEYED TO THE STATE OF -IDAHO BY DEEDS RECORDED UNDER INSTRUMENT NO.S 404072,' 404073, 404474, 'AND 404477; m AND EXCEPT THAT PORTION LYING WITHIN THE PLAT OF TERRACE LAWN MEMORIAL GARDENS, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 19 OF PLATS AT PAGE 1220 AND 1221, RECORDS OF ADA COUNTY, IDAHO. END OF LEGAL DESCRIPTION FI:.LE NO.: P179003 EXHIBIT A THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 2 EAST OF BOISE MERIDIAN IN ADA COUNTY, IDAHO. EXCEPT THOSE PORTION CONVEYED TO THE STATE OF IDAHO BY.DEEDS RECORDED UNDER INSTRUMENT NO.S 404072, 404073, 404474, AND 404477; .AND EXCEPT THAT PORTION LYING WITHIN THE PLAT OF TERRACE LAWN MEMORIAL GARDENS, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 19 OF PLATS AT PAGE 1220 AND 1221, RECORDS OF ADA COUNTY, IDAHO. END OF LEGAL DESCRIPTION .I — + �I I I Wr oc� i s1104 47ac0o Silo +I7a700 ~�t Z' --------------------------- --------U _S t5 —30--------- _ _ _ _ o �b q O p bb b� ' ` a R ------------ — JR i1611C li 11 Rill r � I I I li I :;C2t0 ' it alilal r , II I 1 710230 i �i1 I 31 R MIZI UB. r WL 1 >� Ict+a- i �,I Wille u u:l 5 i l'Ji R161C LIG75C , I Ji , Zi 51 ' '1 alilaelosic r r , ,NO.s--� j il:laa1o72o , li \ elilaele7ee I zlilaetol2c ' I ,,61 s§ROADS ail 1, r R161I 6A201i0 TW s.4atch is rat fes- i iup�,aas OPIy. Tn® Compwy am f ckrvzwbm POW TM cmvw d�C�r ;��•^- •.,, •-r'_;; -,..+vr -ter•--r; `- 7. '.'.. . 1384 IaYnVYG`tTSV>tml 99731 _::.:-.. .'.. -... - .. .:,`,.-. -- ince`. .17"_•� Y7 t),day of ��preemdian rlptwh L t+,'cen+mFn i)(eridtan IrtIC>tlon 114lrict, first parV". and Eosnlo 0• :•cal rLo 7. J, ri, �cLlrna=, and 'r.iC ►.l:o,_ second partirs. d paella nn the lDilnrffrlll: �� of lho follo.inC 111 tlrrrs s, sctmn octfor. :•Ina, Sn �rhiP three Corte of :a r{e oro, _ The IiorI:rlf o{ ` •h •+ amort �{ Bcire l:oridlon, a%ceFtlnC therr•fo= the Lortt=ett or.e-:ourth of the south*sot -!ovrthof cold Dcc lien pine. 4:- cne-!o-arth of the north-noat ono ,h :he I- .h Cans, and fnt Darty. nd usl the car- and •JcLilsl•in d. ant. of lhcoirti:atron xasan: a'^ 1 in .ads Count)'. ]Jabs, with a a<ater right a,11r1-anand t thereto from I.o,se I••+s'r Ihro-u„ as the o+rrter of said carat. has heretofo�i•swmrsnfer an umuaInaintrnaI_ cha-.T , bare a richt to Ur'm anJ to their Prsvlcc h an -Krcnnr'nt as to l.`•e 9mp,, tncU,od of d.Urn,ninC said annual charlY to l:c IPhrrns; Tl,e pa,tics h,,todaire to ecce d ehame in the past --,td paid in future: rtio rc;alinC W said ,V a comp jo su(t3 m,ot of all diff -r btta ,t n h f - Le", fl o (avU a:rce as follows: -i of s<- -d parties and to dcter.1 to cs Lablish a pernaccrt ntdit«7 for futra Ut° aT°°nt >`� t.ro .°c� y�tuunt n: aid cater I - ,: A of nd, year into Lor L-tcr I First Dart)- a^rtts:e ➢eTf°� U,e annual d inky^---n� sr a riCt,t Lurie U+c ,niC>tion vvo ^d mond )net ies ar:d their tl:e aster perpetca!$ heferlter to ohich sec'o:, Da naintert:.•+ce charge M„-1 at the point ehcre small parties and their pndsressod bare nt �'Isa•o Vn n•rr the same, a S,r„t pa.^ly n first rt; a�ins.t L nus+s'itltin the Ltistrict Sor >acccsson in tit:, to rniJ water right agree to Pr•y th t In cut ::cnt a:ull srrsnd parties leer Ile re - of the several mn;ntenance nU on r' Com 'tlyd Statute •Of Idahoull`'"i ��' . snrnt of the pnrc:pal or intcn-s: a' am bmJ, J indrLlalr ^s of the fiat it. nee to the pres'iou Scar, under Sntinn-4".Sl. l° t of Lhc roa\tr:ction cost of iU irriF+l.••n quired to pay or to contribute W the putt contriuuU in any ^tanner W 14 sicking Sunt or resen-e tc nJ: nor to the ^')mr'°'this vgll tt• un,k no ol,liga:ion id In adranee on nr L.,fore the f rel day of gprit of cd, Scar ar,J Drat e Inti r: arks; nor the cocstruclion, or maintenance t — t of (� dralruee n•orhs, ursS.y, Dam � hail. Pa entiU d lora ,, of -JK >nnunl mninlcnnncc arc to be N rte to make deliver, o: eater until pa)•mtml Lv her, maJc. Trm-i,:d. Th ; s.. �.' U:cy to rot rcccice Use s=me. !hr5 rlull Brill pincc xcoatntemont of na Pat' - on U rtuilinZ lia'for sau staU'mtnt+. and in the 1tS for anf rs'c• r ch , r_r :o IU lanJ on'n<n >nJ irs P-� lr iundahrJ a top)' al oPDllcallon, t It is further aCrrtd that said scaler richt o! second r roe riatlnn�! thre7 d�^.W ue!,1t .-I s). m of f", first1 p-r`Y. d).f'rt st )(orris Canal in the year IeT%.the ume bring the flat app D en and in the Ont !a,_ of u'a:rr Partin n, rc to adopt a resoiutin. ckuifyina yid land and s•atrr richt In raid aDPr' 'a•chc � 1 y this Mntmrt. .11, 1,, sec rights nppmpriatcd IT said canal from Polar Ricer. I h !r. crrJitc,l ratan the—"Lcnrc rg+. is fur•dur n.-mld that tate malnlcnrnce charges fee raid Lind for el :hall 11 t^+an ''' • + pa)'nent hAs herr. made thereof At a higher rntr than hetdn PTortJ. 1, the curs s'a . =rr. for STS. tunll hind Glc yrtics. their heirs. soca s»rs nnJ ax I ' This agrecmcnt AhaSl pet•pc )• ar! has hen•ur.lo nfnstsl li,e name of aid Pi,lric' ` y,pl,.lm, 1111 nri% 71:c rrr'ridenl of flr.t r )' _ ]In lllilnrss MIlrrrsr. ezttvtion of this aCrminenl. P,tr`uart to n n+olutlon of It.. tb°^ n like mannertlnu1h rL. J p'J din<t� 1, ha\ at CT (`rt al<.rc Y- in,: and dieseling him w In do, And the Secrrnr of Ont T )'• and y - .` :ion n i die and In vitns'ss ehcn'of, the .ucAnd porde, have herconto Nfutd their .dCnaturra tl,c Jaz. +arittcn. \A)1PA k )t E1tjDIAV 1RIt1C.1TfOV FISTPlrrric'nd. 5_•',';,!. DY H. L. :.a.^.dell First Y•�'. -Oetlo 0, L'clSlrney Second vr'•i� ti A:•:s: r1a3 crr-r:c l• ktslr of Lf', a^ .,I,] cot;.,--. COS rr: CSrY or 27 t't daYf oJilic in cod for L -Lc, pc r:naa.l? a„ Or. this ' , . n Notary P, ;ht b::et,"• veal xi: e, me, �• �• 0. L'c°1:uta::, ,, ti:at J, L'c3lrneY, °rd ao''Se he<ri`eltothe,sid,inles-• meed andackno•,;dcrl: knol"n to me to'ce the Penons �'hoae na:nrs are r , d year in !his «r:i fie..:•. the!acne. hcrcuato rd mY '+and and nrlad my mTirial seal the d::)' 1N \%']-NESS R IIEREOF. I herr 0. 1_: icrt ,�•u:or✓ publie !or ILA°. IJah^ :.' first chose irrt:en, L . ,4l.tr of i�sfl e, v. '. )) n the rear 1?'—". t<fnrc mc. I r [hc c,,:,'TY or ADA j d]r of 1`83 r ,n Se Ih•. j•�••�i!enI a. d -cerr:an• o. r�.i On this 2 r D. CIa)'. kno,rn to mc. _ p No�.n P•.blic. , to me that such rnrD^r'!mn care:'.cd J:c •,cr5on:.11y apDrarrJ I!. 1.. Ilam!: 11 and 11 . "cut t".:.1 cz«utcd this instre tr.cc!. and oc.ncu9r'.n'd frItd ray o!:i' �•al the day And star in iSis cry r: •(.r.�: pora:: h d and a tS : £ht :..y IN \t7TNESS P.IIEF', 0- 1 hacc her. un;o set m)' . an duner. G,ar. ]^a!fO aboce n rit:cn.y :1.. cl o'd«k /. )tc rid'un irrL-,tion Dixirrt. at -. r /. r .,—,I nt ;! mtnr-t of Nan, 1:a7 ' t9S�. %.t:.r Filed fo ' day of hie 1. Y p. rsordr r, Ada county, Fcc,S 1.eo ;Z:� _. v�eaiasR'Ig5A,91�Fi1R'9 iTA 3 fTNYlf�if�li�k>Sh�1R71TT1-P5 �I 4 I. dot 292-1-11 for One D^tiss +ted oih r s ani acs:ins G _ s lirc::fC% sue a_ an 1J3t'� °i �� r _ e corpora o the erection d conunucd SOY ^tenet :o r - d a x ght of way and easement. for nd t of which rs heresy acLno le Se'1 electro L -aa mist:on ' disca cc _ s•aiusl.:e cnn•ea: —=n^, :`:,c y cc:ion. and-r�oLccmerr'of t..r ys�s.. ;:rr'ettac°`crt _ s r- maintccancc. 11114:r• `a:tca:Loa• inap „i..e su^ orv, totc:.Cr -Qicn-Ftiyr., r to Le said Jj,2ti:]Jn• _ O- - d aaws 'be .o"o'-i,, � y sea• btl �� _ - f Lines _d circuit- ed the Granue• nand z1n.nc to" n - - ard incide°tal equipment the. eon, and ac7n eaonr_s- °rte• on 'a_- : 1 Aei ronn r• State of Terrace Lawn 1:1�:r:oriel Girders ir.c. '.ereterV i �d ��.TaWst t?tr, ro—thaest quarter of rt n e.n Trent B loca t' �1 ro yIE. B.M. m ;p TI. Fes_ e 1 ter e ..tct•ior. � T ,rsr._ 3 , . nOrtii�'LSt SIL=- •• o)-mcat of the and a t. \ for the full and compete use occupation o �� trim and ,. t c of in-ess and r -e_ s rccc<: cry the rig time to time all rights ht from atioa or Tegctt:er wa<, incident thexcto, indcding the Grantee a use, ocrap busby granted, and di ::gats cn? r::::ic„ Lure or irterfete with :arc:iona which tray in• tanchr3 and er of G: arses cicvrical system. .a:,:nrc t: crcs, brush, ocerhangit:g b ti„n.:nsn:c :-nor- a::d -parr enio,-m-m: of thin easerent an• the op-_ _-r-- .., t.;< _l,S.._ r� ....•i::, _��•_ 14-�J - it: UPrdens. Inc. •I:.- ••ted and de!i-mred ' ---- - .-...- ---p Terra�9 LawTI Eye - r _ Free I Sec. -- ... - r=_ t -s - - _ :a before ma-- .a _ ....__. ..._._ ani •. Ili: ::l:i.._______..__• t1`' � \ o we t0 e 1, �I per_onaP,c a:+nea:cd __--_..__.. -•---- knawa t b the pas°ai►)-. j a \n;an• Public, �_ -�_ executed the same freely and ♦olna- $ ;•tatted the foregoing instrument a.d ac.'.n,'• 1. therein glen:l,/n td. K i 111-C uses P.111 purpose J - 19-- - -Norco' Public, residing at.----- Commission ezp'ue1 ;;ATE of �� - a•. 1 . County of _ befara We 'J and +7n this..:—°°)' ° a. -Notary Public pcnonally appeared - , to ma pexeonalIy lmowu. who being dnly I I — secretary of the -- - ertdent- and the c=eeu the ease as L -e free y tl c tt, .^Jfh nr ti. ,:.urn, did say that they are r-;ectivel a . t..t•.,a t - . zz act and decd of acid corporation. - f,Notazy.prbbc, residing at Commission r:rpua ('-:o;a:ial Sea,)r.2 tniq rc4n 77' �2 ni 'cr 'nuut:' ANY el �, strip of lana t ce Ke., �c��.., cen-Ler. _,.� �- :'iorth`,. R?rce �� `�� °he fello»ink ---;- . 30 - F'-'oJect °`ns` Lp tant Southerly. f -O t:^.e official.nplat'of the- De a.t:nent Of - . f I'I n fee urve.�*ed .and cY�o ,n rile :in the: o, fice of tZP ;".:1NT Of l,{ way :,s xi nay Survey °._ :in— i � :O ti or 01, n Idr-:O ar-c Fier f tIo • ctete of 1 �. Survey, 'phi( 1• et' ���,0 of the .North and',B66. f..e ., [ feet:. e . f. i renin a t Station—:vt�15 3•, . P:or.h, Rang t�tior' '_s point on to=tey~� C n -,r of cPc ion.9t 9°WEestp 31�70�� 'fEet-:to e '_`lO rtP. ~"U ? -^ „ TjO rt:l 9 5 i r�o:,i' the i , she :,_*� ration is. a •point on ten�ent �arJ, SGISf C:E" Cis c.. C11 ct.fYO file �lortheBSC COrnOI'' r act, �±;+t 2.0 of oc±'cet' :,fie., N id; t on _ t -, ,... �2- li uroxi:.. te13* 6.0 fecc .c 1 To acc^�/�z ana of a�Ze:� .� .., S^ C,.:•%r 'DC in j' •Wia i T. �.:i lY+.d �?a3-ni\Y 11 _ •- � a*ld D`+" • ei Crio and =?o/1CJ+hs Dollars sold and convey h , �nr,ea, taized� } of Idaho, saccad part-, �- Ci, -7o wlEu,ed, s � � t: -,e 5 =� L• 8- - =C and coil a and situate. l :Lr .ain sell, bed Rrc 1 of 1 fo; Iowiltg desct P cnso. si £orevar,{ eS ate I ho, •to Vita d s .of t2 r.,, ..t cf`----"tea — A North '_ine o cc -'f.' ',- te �etkeer. t:- 1; ar e ` 1_ A �t� l� 4 lE s tU0 \in ^i0; _ 9^.0 °' p "_ C "c ' bed enter °- j :c�th, anrnr 1 �n�t'.BO+�e follo3:i_r descri c 30 ?cc j,ci Gtsnt �Outt 2ri;{ rG. the off.icio_T. r - of the Decz- t^ ^* ec and ;hotin o� the office of ' t e �, n sur ct:rvec on f ile -in, i n' G „o -1-A ri ; o, the .. - - - t^ . Sta-��T?� mares^ian• C :h l: �,G .. .. i . Survey, �oP,� of the ssd�ciiFh'�?y th and ?mac. ? feet feet Nor n� in `at ata tion 159+9 roxi iate1Y 3• %-YOrth, SanFe " on is a point on tante, ^per of Sec ToxFSStp-31x70.0 "'e -!t to -�E; f'rc;*.: the North Qua running ilortY: 89.59: a'. thence runnj ng station is. a .poin`, or tengFr : Boise i�ieridian, Survey, ..i -ch rti:east co •per` 3st; 0 f a.d o f t West. from the i:o = , �i.'c;:: i�i}� c2 .0o S t No 4,h and+ 1322.tel� East, i �: y b' fee mo J •, 1 77. W. �.�PIN '?stiff' 4c Drio+� o 0cr83 eb0_t�-'!.i �SscSt�r ro cY �. ,Y repure _ ��. �, .. -' --- __ — � � ., - '. '. - ,- rte.-•-•. �„+� ---- ', !I' ', �s'��?•u.. • I 1 I 1 77. W. �.�PIN '?stiff' 4c Drio+� o 0cr83 eb0_t�-'!.i �SscSt�r ro cY �. ,Y repure _ ��. �, .. -' --- __ — � � ., - '. '. - ,- rte.-•-•. �„+� ---- ', !I' ', �s'��?•u.. - sin^^�r PrP tezaa herec'3 and z,= e. a y 1 - su rcr�TF, With all --dap e:.iai.aT s tha reversion: i iitl a ,r�dintr.reg - �o1�r,�na or in epzse_ _.P- thereof; arid'all"estate,.:igh s Of the . airaiersy rents; issues "a' Profits - - 1 . in a,�d,t^ +s.� saki rrope-�t;� a . ll:in ,r sa .n-equ t?, :of* said ----- _ �,_� j -- M above me t or_ed ar.d deal to i s s cs esa y and si'roare of +he seconds together with the aopxrtenarces,^unto+the yt_3r^of the 2eco i the ' ex _mat --- t +`�,va roaroa�� 4�9`ioil OP o t - ., _�-,— _— jin h2 .1iuv -" la�tIl jL' �• .7. r .. r lawf� C-^—r'inb -Or-t' �., • against. ---r�` slccessors u_a asp :'-son.and p6 ons xho ants forever �. 1 � and against all andvevey �arFT and by .these pre sents forever ` n--• -.: . the.. sa ie sinll Q d Kill ac�nt'to the above described real prop _ ere an easement adj and s:ch svr I1I' .n�re is 21sa granted he `JY draina'e di,tcnes and strLctvses � be g�tien and t tion bf the hig'-:KaY c� tf for relocation of i to the proper cons `j 1:.:. • - ' be neces 'Y• ,1 face_ drain ditch -s' cher as Y Pity constructed on said '�;w..-�lcs:-�'�•,- =� .� �-r�:�. ic.rronl �9=�-r•` �_�,�ic��.a�->t- -- -- . .. _--1-r-v`�r=��"'�t,i t...ti2.�i i`"ci;ng '.e bjr � 11 _ - O- �e On Or : ?: OC1iOL .. - CCi75 tr'.iC t3. ;. 4,,n- expense Of z✓ - _ i a.t the sole° �,�.�=•ter ��'": - ,.� - , --- �.- i _ .. e? --- .-.; 1?!�OT'12�..�8I'dons, i!' -r•-•---- --\- i , _ — r-;.� .. -. .....�-- ; is �1-�-�"`...'—" d -------------- n d't 4. T c�_;:ul..:< <• race Lawn der Inc, moo„ _ - ( , T>tlel y it (Seal . J^, l_, i7-/°••-! -�•� (Seal:'.. I - V.. �Sc�_-- e. ' -Z./� 19 = before., , u�C t �s da, of _� _ -�'1 a eared' � on . ----. Stutz pe_sona ly PP �,pecnvely, A i. -'and for sa'- f � -� - _ - • Wlllch erCCA ..arid. .......-_ ............... n .51]bSCr� _ .............. t . - ».c._ Ile nom v io me to Le son ..:.. monose aa^z -•- .:_,C'' �/_ ... - . - e� e3 s • ,- G•iYl to IISF: TlS.gt:. .._.-».._._....-.- i •.-.......81' •� iD� ` a: d a -.n : ' ffiasl seal the day and ye r ` F, I hsve hereuntn - set my h=d and effized . � I'certificate firs. above vni ten v .._.. _ ... ..........._.................... . f ,for Lhe Sra o -.._.: Ilotazy Paoliin 2<� 'rte Residing at ...... I1 . I �: H 1 :. � .a V fir; � .-, `'`� ,'. I• F ii �... O i �_ r a ,-� � - y .. _ f e -,L-7 z e ignee, lot before.. 1';2 07'. this cla"Y C:z Y, V;ft rbic, corpoLa .�f t zesp- ubl jj, in .. . ...... t"'.....'mov;.I. lo to 1v . ...... .. . .......... the se- . ............. . .......... &-y and ye r in this a in �x,Dd my.dficial seal the ........ ........... ............... . . .... .......... N-,otary pubfir ind for th S=97 of ..... 4 al VnO �j la w I LL I Y ol L:z scz.. aid jsrZ0n3 Y,1-5-rts for- er DZFZND, 7.s '=d by thess P - all a will 04-til 'M 'b 3-z� de�c-*-Ic-c-d re;" '-D ,jdjac�nt -n sas3l-aent trvcti3-re C]a 'S ,,e-,3 is j -r- .!t:jcr, alA dr on L to be, ran� d herela7 ditchas 6f 'Ie ^ a+ of bil . -, zcowtrl=t; f:�r relo,- ion to the prone: be nec — drain ditches a!% a., on said real- DF119ert ccnst- g - bp- by V- Of zLl or rel 0-at:Lcm O ght a (;,nstrLjrtjon of the 6x•Y-Lo the sole expense » •,,•\o��'_ •. _ ^hens_, i= C" Lain tlY IN WITNESS WHEREOF, - - ---- -------- its and ---aused these p resents to be executed bY day of -nc cjrporate e.. to be affixed this -----'-_._r p Te. cc --- ;�P.w2- ATTEST:. :7?F v (Title) •(seal) f e -,L-7 z e ignee, lot before.. 1';2 07'. this cla"Y C:z Y, V;ft rbic, corpoLa .�f t zesp- ubl jj, in .. . ...... t"'.....'mov;.I. lo to 1v . ...... .. . .......... the se- . ............. . .......... &-y and ye r in this a in �x,Dd my.dficial seal the ........ ........... ............... . . .... .......... N-,otary pubfir ind for th S=97 of ..... 1 7 25�z_ �Iltl tlY Janary 3,196D , 15 vaj 0 : q Ac C Z, Z) 1�13 r 11 A 1 7 25�z_ �Iltl 01r i �aai:o, S9�ona Part, i tS_. .sept -..and caa�eq , _M t�tad in the QQ 1 1,�P ,�Pnts dam 3Tr�ti.t. jABCL��ed �`�T'C�1 _,a-tng_ ""' b"B. in + SYa'ra, YG�3�20, t0 t2 iiaa<wooa��v the No -th lir. , of Section 9, I e1 } �j�r 123 e be, teen , ,..,,, __Cl a -o a^c nn7 w �'. '.0 au� jn Sl ^� i C, o-* .: r.j 7; Jfee C�ov+ `A i : �' Jthe` 7 n t described cen'e 1-ne of � /� �..�w-Y;� C. �_'^V l� 41s 4•_�. -i 'u C'° f^1 wJ^I ^��a ,•f r:U. Jv � I'��cv'L v-� •1.3.. Off " the~ �epa�tiren� o� ~ ....�...a♦ !rc n r....~;1�c '� O_ iie T2 �ne...otTice of N�Ja?N� of , i r in ,a Portion cf.L. � of the o��nc , hi - st, mac„ se e i 3 .�!� °E = on� , o n;. Y Sar , .Thick saagh�ray !� id n - o.. ��c 'No rtncident Mhz. ate rierid� 2. s roxi an was+ Boise 31 °eet 1�5 9,. .of 1TP to :;Station L .7 fee , Yo Tth. ~ ArrYtA'w,matP.I . .i7 ✓; i 7.j 22'tc Oluai'OiJc .. �i i :L f 'Jl.a r' UL w.. L J V31i.�i Ai .l •_�L..� -J.._ 1. .Y1'I, dna S�.ii �nCZ t -d ir't..l I '• -' r _ ...�..� t,.a> .,7 S'OZ�O'Ti^.6 i 1 ;�v ;. :r b�:; r'1 :• in w�...i-1s.�o Of. 7x%10, to -.vi tiS en the {• '?r::j 1 �J: n m 1 x:1£3 + .. ,., ..,, - _. ... ,.... y, ,• —t ^^_.; i , - r��,'.escrineC! „_ .ne of Li ,� fm_the folloNi._ ... _ -: distcnt S0.;na l r? y... o^ the offioicl of e ztJ ;•ti as c"rr,?--ed a.. in cne 'office of ��- V4 .. •on tion ci .,��:.i[) - �� of 'Idaho sna 1`_•-i6- in a''oord or -cc, a jt2t� - .,r -t•, n., a•,.. � __.:`_ a-:: �._a:_�n ,(a.^.... Iif r the said. iii���:aa 7 S'�_ f - t Station 151'-25• f of y the -north l Ee.gi*i,ning a y 'nstel coincidence ''i v c Oint On tangent &DPrO7 y "I YcL c30i se neer C- a' -I,-, on i.. ;a' P Y. �: Tc ish=P 3 'North,' `Rar_gei - r ''c.8 of said rt8r .'COr Of -Section." � _ , feet yo Sia 7': -ie th 8c 5c -G e_ ,7 fe't OT1C•c it .nnin.a; or. .. -� 'y �'n ,O f. ta_''.cgnt_. ti nr�nn i_r.a �� _ T<*^n i^ Jlll - $y1On. i s a D t" r+ :Of. C :t_. n, c}' I j J lr`Je`f q' iini ^11 3t uaI SCP Co nei "� ' Il f eei; zas V �i-rom the l�ort�i� ha�� Boise Meridian I ``forth, Pange 1 i II I. �. u$'. 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C:i.'., ._.1,... , ... :": _..-. - •1 ;a?1 dim TsJj�' 'er""_i c'g{ f�G u�2�� y it > uh cc in erg for the St'aw af....G ................. ^..... Y n_..... . '• ` i •� ,,. � r. �.. �-. � � \T � '�. `� � 04- ;( ' : ' I i� + t � � x— i � Y f� 1 ' .'ta- � '� ^.! V' .1 • � = Ijtl � I I ; . 44 . ` :' _ � � acv ••^•.: � I (EI y _ iI }•-� 1 cam`.-. v i - -1 t•Y >,'� � _ _ �. _ �� � � � it lil J /•.. .1 ' - ._.v.."- _ ._-_ --_ . 1.-_. �. .... " - . •.. .-.- ,. .. P179003 A 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: DANIEL G. GIBSON JR. AND CAROLYN GIBSON, HUSBAND AND WIFE AS TO THAT PORTION DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER, NORTHEAST QUARTER, SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, SAID PARCEL IS SHOWN ON RECORD OF SURVEY NO. 1284, FILED AS INSTRUMENT NO. 8835815 AT BOOK G OF SURVEYS AT PAGE 1301; MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 9, A POINT MARKED BY A 5/8" IRON PIN; THENCE ALONG THE CENTERLINE OF SAID SECTION 9 SOUTH 0 DEGREE 48'14" WEST 49.74 FEET TO THE POINT OF BEGINNING, MARKED BY A BRASS CAP, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF FAIRVIEW AVENUE (U.S. HIGHWAY 30); THENCE CONTINUING SOUTH 0 DEGREE 48'14" WEST 503.19 FEET TO A POINT MARKED BY A 1/2" IRON PIN; THENCE LEAVING SAID CENTERLINE SOUTH 89 DEGREES 35'00" EAST 433.25 FEET TO A POINT MARKED BY A 1/2" IRON PIN; THENCE NORTH 0 DEGREE 42'46" EAST 503.18 FEET TO A POINT ON THE SAID RIGHT-OF-WAY OF FAIRVIEW AVENUE, MARKED BY A 1/2" IRON PIN; THENCE ALONG SAID RIGHT-OF-WAY NORTH 89 DEGREES 35'00" WEST 432.45 FEET TO THE POINT OF BEGINNING; AND IN TERRACE LAWN MEMORIAL GARDENS, INC., AN IDAHO CORPORATION, AS TO THE REMAINDER. 5..The land referred to in this Commitment is described as follows: SEE SCHEDULE C ` P179003 SCHEDULE.B - SECTION 2 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. B. General Exceptions: (1) Rights or claims of parties in possession not shown by the public records. (2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. (3) Easements, or claims or easements, not shown by the public records. (4) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed`by law and not shown by the public records. (5) (a) Unpatented mining claims; (b). reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims to title to water, whether or.not`*the matters excepted under (a), (b) or (c) are shown by the public records.' - (6) Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices to such proceedings, whether or not shown by the records of such agency or by the public records. *PARAGRAPHS 1,2,3,4,5 AND 6 WILL NOT APPEAR AS PRINTED EXCEPTIONS ON EXTENDED COVERAGE POLICIES, EXCEPT AS TO SUCH PARTS THEREOF, WHICH MAY BE TYPED AS A SPECIAL EXCEPTION IN SCHEDULE B - SECTION 2. CONTINUED I , x'179003 C. Special Exceptions: 1. GENERAL TAXES FOR THE YEAR 1998, WHICH ARE LIENS, OF WHICH THE FIRST HALF HAS BEEN PAID. THE SECOND HALF OF WHICH WILL NOT BECOME DELINQUENT UNTIL JUNE 20TH. PARCEL NO. AMOUNT 59S1109120610 $1511.92 :.. SAID TAXES AFFECT THAT PORTION AND OTHER.LAND VESTED IN TERRACE LAWN MEMORIAL GARDENS INC. 2. GENERAL TAXES FOR THE YEAR 1999, WHICH ARE LIENS, ARE NOT YET DUE AND PAYABLE. 3. SEWERAGE CHARGES AND=SPECIAL ASSESSMENT POWERS OF THE CITY OF BOISE. NO SPECIAL ASSESSMENTS NOW SHOW OF RECORD. 4. LIENS AND ASSESSMENTS OF THE FOLLOWING DISTRICT AND THE RIGHTS AND POWERS THEREOF AS PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFICE. DISTRICT: NAMPA MERIDIAN IRRIGATION DISTRICT 5. .ANY EASEMENTS NOT DISCLOSED BY THOSE PUBLIC RECORDS WHICH IMPART CONSTRUCTIVE NOTICE AND WHICH ARE NOT`VISIBLE AND APPARENT FROM AN INSPECTION OF THE SURFACE OF SAID LAND. 6. TERMS AND PROVISION OF AGREEMENT DATED: MARCH 27, 1922 BETWEEN: NAMPA & MERIDIAN IRRIGATION DISTRICT AND J.H. MC BIRNEY AND BESSIE 0. MC BIRNEY RECORDED: MAY 221 1922 INSTRUMENT NO.: 99731 IN BOOK 8 OF CONTRACTS, PAGE 476 7. AN EASEMENT CONTAINING CERTAIN TERMS" "CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN FOR: POWER LINE EASEMENT IN FAVOR'OF: IDAHO POWER COMPANY RECORDED: OCTOBER 18M 1955 INSTRUMENT NO.: 384633 8. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN DEED TO THE STATE OF IDAHO, CONVEYING A PORTION OF THE PROPERTY ADJOINING. RECORDED: DECEMBER 11, 1956 AND DECEMBER 12, 1956 INSTRUMENT NO.: 404072, 404073, 404474, AND 404474 9. THE APPLICATION CALLS FOR AN OWNERS EXTENDED COVERAGE POLICY. THEREFORE, THE FOLLOWING MATTERS MUST BE CLEARED TO THE SATISFACTION OF THE COMPANY BEFORE ISSUANCE OF THE POLICY: A. QUESTIONS OF SURVEY B. RIGHTS OF PERSONS IN POSSESSION C. MATERIAL OR LABOR LIENS D. RIGHTS OR CLAIMS FOR EASEMENTS NOT OF RECORD NOTE: AN ALTAIASCM SURVEY PREPARED BY A LICENSED SURVEYOR AND CERTIFIED TO PIONEER TITLE COMPANY OF ADA COUNTY AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY MUST BE SUBMITTED FOR REVIEW AND EXAMINATION. CONTINUED i P� 79003 10. SUBJECT TO THOSE ADDITIONAL ITEMS, IF ANY, WHICH MAY BE REQUIRED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, FOLLOWING A REVIEW OF THIS REPORT. END OF EXCEPTIONS NOTE: WE NOTE A RECORD OF SURVEY OF THE SUBJECT PROPERTY. REFERENCE TO THE RECORD IS MADE FOR FULL PARTICULARS. RECORDED: JULY 21, 1988 INSTRUMENT NO.: 8835815 BOOK/PAGE: 1283 NOTE: THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED.IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. NOTE: GENERAL TAXES FOR THE YEAR 1998, WHICH WERE LIENS, ARE PAID. PARCEL NO. AMOUNT 5951109120605 $4355.10 . SAID TAXES AFFECT THAT PORTION VESTED IN DANIEL G. GIBSON JR. AND CAROLYN GIBSON NOTE: THERE IS NO NOTICE OF RECORD AND THEREFORE,NO SEARCH HAS BEEN MADE FOR ANY UNPAID ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER POSSIBLE UTILITY SERVICES. NOTE: IF THE PROPOSED INSURED UNDER THE POLICY TO ISSUE HAS ANY QUESTIONS CONCERNING THE COVERAGE OR EXCLUSIONS FROM COVERAGE, THE COMPANY WILL BE PLEASED TO PROVIDE AN EXPLANATION. NOTE: PURSUANT TO THE STATE OF IDAHO INSURANCE REGULATIONS, A CANCELLATION FEE IS TO BE CHARGED ON ALL CANCELLED ORDERS. UNLESS OTHERWISE ADVISED, ORDERS WILL BE CONSIDERED CANCELLED SIX MONTHS AFTER THE EFFECTIVE DATED ON THE COMMITMENT. THE AMOUNT OF THE FEE ASSESS SHALL BE IN ACCORDANCE WITH OUR RATE -FILING WITH THE IDAHO DEPARTMENT OF INSURANCE. FROM': FHONE NO. : 208 338 7eoe a Apr. 30 1999 oe:48AM P3 r }0/29/1999 09:59 2083850690 TEALEYS L'4N0 SURVEr' PAGE 02 T'EALEY'S LAND 915 West Jefferson Street • 'Bo!se, Idaho e3702 SURVEYING 1208) 385.0536 fax (208) 385-0696 Project, No.: 1882 Date: April 29, 1999 DESCRIPTION FOR TIM GIBSON — PARCEL 2 A parcel of land being a portion of the NW 1/4 of the NE 1/4 of Section 9, T.3N., R.1 E., B.M., Ada County, Idaho andmore- particularly described as follows: Commencing at an iron pin marking the North 14 corner of said Section 9: thence along the centerline of said Section 9 South 00°4835" West, formerly South 00048'14" West, 49.74 feet to a brass cap on the South right-of-way line of Fairview Avenue; thence along said South right-of-way line South 89°35'00" East 432.45 feet to an iron pin marking the POINT OF BEGINNING; thence continuing South 89°35'00" East 276.21 feet. to a point; thence Ieaving said South right-of- way line South 15°00'00" West 276.88 feet to a point; thence South 00048135" West 554.06 feet to a point; thence North 89°35'00" West 640.79 feet to a point on said centerline of Section 9; thence along said centerline North 00048'35" East 318.83 feet to an iroa pin; thence leaving said centerline South 89*35'00" East 433.30 feet to an iron pin; thence North 00"42'46" East 503.18 feet to the POINT OF BEGINNING, 1 C;VN4YUoamcn;9lverdd.e\IBIS• dadoc.id, Said parcel of land contains 7.30 acres, more or less. 4ANA APR 30 199 09:50 7)AA 77P 7PPP Mor, a7 FROM PHONE NO 0d129/1995 09: 5y 2�8:?b5i�59E, N *0'4e 3S' t 09.7A. 4 208 338 7808 . Apr. 30 1999 08:48AM P4 rEa�� vs �a,vo :—:,s;ZVEy tAIRVIEW AVENUE j Z PARCEL 3 29i,398 sq,ff. I 6.a9J ocroc i 4 5 89'2�'i$" E X935 85' APR'30 199 09:51 209 338 7808 PAGE.04 u =� N d W �' .� A\ ''• 1 Y03 V T LN g R OROS AVE. _ L N � r M 3/ViVISI`- 1 N O J --- - - J o �o t, ) - 1 co � I = a , as oC6as a �O 0 J I � ;1' 1q_q p"'Jivei s Pulrsie , �n - DAKOTA C 0 M P A N Y. I N C. MEMORANDUM May 06, 1999 To: Brad - City Of Meridian - Planning Staff From: Tom Bauwens VP Construction Dakota Company, Inc. For developers Diversified Realty Corp. RE: Comprehensive Plan Change Application Annexation & Rezone Applications Pioneer Title Company - Title Commitment Gibson & Terrace Lawn Memorial Gardens Properties Brad: Enclosed is a copy of Commitment For Title Insurance from Pioneer Title Company to Developers Diversified Realty Corp. for the purchase of the above referenced properties. I have highlighted the section which shows the vested interest for the property is in Mr., & Mrs. Gibson and Terrace Lawn Memorial Gardens. Legal descriptions are also enclosed with the Title Commitment. Please review. Call if you have any questions. enclosure e PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD. SUITE 100 n a Inaun P37n6 r . r f PIONEER TITLE COMPANY OF ADA COUNTY 8151 WEST RIFLEMAN STREET BOISE, IDAHO 83704 TO: GIVENS PURSLEY LLP DATE: APRIL 13, 1999 277 N. 6TH STREET, STE. 200 ORDER NO.: P179003 BOISE, ID 83701 ATTN: CHRISTOPHER J. BEESON C 6� "Y�� HOI-K* RE: DEVELOPERS DIVERSIFIED REALTY CORPORATION C DANIEL G. GIBSON, JR. AND COROLYN A. GIBSON TERRACE LAWN MEMORIAL GARDENS, INC..'' Enclosed: ( TITLE COMMITMENT, ( ) SUPPLEMENTAL ( ) TITLE POLICY ( ) ENDORSEMENTS ( ) LIMITED COVERAGE JUNIOR LOAN POLICY ( ) LOT BOOK REPORT ( ) TRUSTEE'S SALE GUARANTEE ( ) LITIGATION GUARANTEE ( ) BILLING ORIGINAL DOCUMENTS Thank you for giving us the opportunity to serve you. We appreciate your business and will strive to merit the confidence you have shown in us. If you have any questions, please contact the following: TITLE OFFICER ESCROW OFFICER HAROLD E. HUSTON JANET BLOSCH E V E ru 208-373-3679 208-373-3750 APR 13 1999, '-n�i� ii� t��!�iPslr, �y: F- Commitment To Insure ALTA Commitment - 1910 Rev. * * OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A°. in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or * * * interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein,, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South. Minneapolis, Minnesota 55401 (611) 371-1111 By ' President i Authorized Signatory Attest � Secretary ORT Form 2526 0 7 COMMITMENT FOR TITLE INSURANCE PIONEER TITLE COMPANY OF ADA COUNTY (208) 373-3700 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE A File No. P179003 PIONEER TITLE COMPANY OF ADA COUNTY 821 W. STATE ST. BOISE, ID 83702 ATTN: JANET BLOSCH Ph: 208-373-3750 Fx: 208-384-9936 Copies to: 1. Effective Date: March 29, 1999 at 7:30 A.M. DEVELOPERS DIVERSIFIED REALTY CORPORATION TERRACE LAWN MEMORIAL GARDENS, INC. 3300 ENTERPRISE PARKWAY 1200 N. CLOVERDALE ROAD BEACHWOOD, OH 44122 BOISE,.ID 83713 Attn: JOAN U. ALLGOOD, VP Attn: TIMOTHY T. GIBSON DANIEL G. GIBSON 19500 HIGHWAY 2026 CALDWELL, ID 83605 PIONEER 1031 COMPANY 8151 W. RIFLEMAN BOISE, ID 83704 Attn: ROB ONNEN Fx: 208-373-3737 Escrow Inquiries should be directed to: JANET BLOSCH SR. ESCROW OFFICER (373-3750) 821 W. STATE ST. BOISE, ID 83702 2. Policy or Policies to be issued: (A) Owner's Standard Coverage GIVENS PURSLEY LLP 277 N. 6TH STREET, STE. 200 BOISE, ID 83701 Attn: CHRISTOPHER J.'BEESON CLARK DEVELOPMENT 479 MAIN ATTN: WILLIAM CLARK Title Inquiries should be directed to: HAROLD E. HUSTON VICE PRESIDENT (PHONE 373-3679) 8151 W. RIFLEMAN BOISE, ID 83704 Amount Premium $2,950,000.00 $9,945.00 Proposed Insured: DEVELOPERS DIVERSIFIED REALTY CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE CONTINUED Mayor ROBERT D. CORRIE nCouncil Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 - Fax (208) 887-4813 'C P,ry D LEGAL DEPARTMENT (208)884;4264' R 61 !& �flN0- PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS E DEVELOPMENT PROJECTS WITH THE CITYF 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: Jul 26 1999 HEARING DATE: July 29 TRANSMITTAL DATE: June 28 1999 , 1999 FILE NUMBER: AZ -99-012 REQUEST: ANNEXATION AND ZONING OF 13.09 ACRES TO C -C BY: DEVELOPERS DIVERSIFIED REALTY CORP. LOCATION OF PROPERTY OR PROJECT: 4000 E. FAIRVIEW AVENUE TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, 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 _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) N GAS(PRELIM & FINAL PLAT) -BUREAUOFREICLAMAT ION (PRELIM & FINAL) YOUR CONCISE REMARKS: MAY 0 5 1999 CITY 01�, .11 ;ii1D1 CITY OF MERIDIAN PLA:\'N- T\G & 7,0NIN 33 East,Idaha Street, Meridian, ID 83642 Phone: (208) 888-4433 06 Fax: (208) 8874813 -99 -01 2 - APP ICAUON APPLICATION FOR ANNEXATION AND ZONING PROPOSED NAME OF SUBDIVISION: GENERAL LOCATION: 4 000 F. PA I R V ► E o i/C t/ M t - - --c4 -E;erLc J , TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): �o►'''t r►1 erg GtPt C.. ACRES OF LAND IN PROPOSED ANNEXATION: 13-05) A La t S PRESENT LAND USE: 600 PA Itvh PROPOSED LAND USE: Lov►n nie/UXA t - 5H O PP,,X q PRESENT ZONING DISTRICT: A VA 60 V ryly t% T 40lV t, PROPOSED ZONING DISTRICT: C ' G 60 M MyN ITY I3' Js/ m CSS D� ST2tGT APPLICANT: ,Ve VEL.OPeI2s Pl VEt2S't{l e'p ?e7AL,TY Low PHONE: 216 -75S- SSI , ADDRESS: 3306 EM'ELPalsE PAmr-WAY 'REAC.HWacci, 0H g9IZZ ENGINEER. SURVEYOR, OR PLANNER: Hy83L, 0 -JY ,, EE12166 PHONE: ADDRESS:, 955'0 !Be-rm e -L, LT, !3o iS�' , �a $ 3 70 TURP -AGE LAWIV YrieMOR-JAL (pARAEw�5 OWNER(S) OF RECORD: flRj,1=L G 1650,E � L.4¢YL0.J Ct SSc4 moNE: 34 2 - 26 2,S IT0o N. CLoveeo.1LE R.0. ADDRESS: 195oo HlgkwAY 2a2 -Ye CALDwetc �D, Signature of Applicant Developers Diversified Realty Corp. Application For Annexation And Zoning 13.09 Acres - 4000 East Fairview Avenue Applicant: 'Developers Diversified Realty Corp. 3300 Enterprise Parkway Beachwood, Ohio 44122 Phone: 216-755-5516 c/o Dakota Company, Inc. 380 E. Parkcenter Blvd. Suite 100 Boise, Idaho 83706 Phone: 343-5223 Fax: 343-4954 Property Owner: Mr. Daniel Gibson & Mrs. Carolyn Gibson 19500 Highway 2026 Caldwell, Idaho CIO Mr. Bill Clark -342-2625 Terrace Lawn Memorial Gardens 1200 N. Cloverdale Road Boise, Idaho c/o Mr. Bill Clark - 342-2625 Affidavit Of Legal Interest: See Attached Legal Description: aee IULMA-- Present Land Use: A portion of the property is currently an existing sod farm landscape nursery. The remainder No graves are present within the subject property. Lan proposed d Use: To be developed as a mixed use shopping center. The annexed p property will be integrated into the existing Family Center At Meridian Shopping Center project immediately to the west. The west property boundary of the subject property is common witthe east property line of the Family Center At Meridian project. >akota Company, Inc. or Developers Diversified Realty Corp. ■ IPHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD. SUITE 100 BOISE. IDAHO 83706 Annexation & Zoning page 2/2 Present Zoning: Property is currently in Ada County with "RT" zoning designation. Lies completely within the City Of Meridian area Of Impact. Proposed Zoning: To be annexed with a "C -C Community Business District" zone designation The subject property is immediately adjacent to an existing commercial development and would be integrated into the shopping center development. The land is located with frontage on Fairview Avenue and would provide a buffer from the existing cemetery and the shopping center. With integration into the property east of Records Drive a large parcel is created approximately 24 acres in size. The Meridian Zoning Ordinance definition of Community Shopping Center is a center between 100,000 - 400,000 square feet of gross floor space on a site of 8 to 30 acres. This definition would require a C -C Community Business District zoning. Comprehensive Plan: The proposed zoning is in conflict with the Comprehensive Plan. A Comprehensive Plan Amendment Application has been submitted in conjunction with this application. Vicinity Map: See Attached Property Survey: See Attached Mailing List: See Attached AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF o.� ) We, Daniel G. Gibson, Jr. and Carolyn A. Gibson, 19500 Highway 2026, Caldwell, Idaho, being first duly sworn upon oath, depose and say: 1. That we are the record owners of the property described on the attached, and we grant our permission to Developers Diversified Realty Corporation to submit the accompanying application pertaining to that property. 2. We agree.to indemnify, defend and hold City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this day of April, 1999. Daf '4 _W'tb Daniel' G. ibson, Jr. Carolyn A.,Gibson SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Public for Idaho Residing at: 1.10_ ,,,.si, My commission expires: 5 - I Lp - Zo:,3 AFFIDAVIT of LEGAL INTEREST &\Clients\541 9\1 \Affidavit - GIBSONS.wpd AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO } ) ss COUNTY OFdcd,,, ) I, Timothy T. Gibson, 1200 North Cloverdale Road, Boise, Idaho, being first duly sworn upon oath, depose and say: 1. That I am the President of Terrace Lawn Memorial Gardens, Inc., the record owner of the property described on the attached, and Terrace Lawn Memorial Gardens, Inc. grants its permission to Developers Diversified Realty Corporation to submit the accompanying application pertaining to that property. ' 2. Terrace Lawn Memorial Gardens, Inc. agrees to indemnify, defend and hold City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this !s day of April, 1999. TERRACE LAWN MEMORIAL GARDENS, INC. f. Timothy T. G' son, President SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Public for Idaho Residing at:,,,�; My commission expires: - Le - Z o - AFFIDAVIT OF LEGAL INTEREST &\Clients\5419\1\Affidavit - TERRACE LAWN.wpd DAKOTA COMPANY, INC. May 03, 1999 Ms. Shari Stiles Planning Director City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Annexation & Zoning Application 13.09 +/- Acres - 4000 East Fairview Avenue Dear Shari: Please be advised that the Applicant will post the property 1 week prior to the Public " Hearing. The posting will contain the name, description of zoning amendment and time and date of the Public Hearing. The Applicant has read the contents of the application and verifies that the information contained therein is true and accurate. Sincerely, Tom Bauwens VP Construction Dakota Company Inc. For Developers Diversified Realty Corp. ■ PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD. SUITE 100 BOISE, 0AH0 83706 a DAKOTA COMPANY, INC. May 03, 1999 Ms. Shari Stiles Planning Director City Of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642 RE: Annexation & Zoning Application 13.09 +/- Acres - 4000 East Fairview Avenue Dear Shari: Enclosed is an application for annexation of a parcel of land located at 4000 East Fairview Avenue, approximately one half mile east of Eagle Road. All of the required documentation is enclosed, along with the required application fee of $732.24. Please review. Should there be any question please fell free to contact me. Sincerely, Tom Bauwens VP Construction Dakota Company, Inc. For Developers Diversified Realty Corp. s PHONE (208) 343-5223 FAX (208) 343-4954 380 EAST PARKCENTER BLVD. SUITE 100 BOISE. IDAHO 83706 Y `Developers �. Diversified Realty Corporation JOAN U. ALLGOOD Vice President, Secretary and General Counsel May 6, 1999 VIA FACSIMILE (208) 887-1297 Ms. Shari Stiles Planning Department City of Meridian 200 E. Carlton Meridian, Idaho 83642 Re: Authorization to File Applications Dear Ms. Stiles: With respect to`property located at the intersection of W. Fairview Avenue and Records Avenue, please be advised that Larry J. Durkin, President of Dakota Company, Inc., is authorized to execute and deliver to the City of Meridian the following documents on behalf of Hermes Associates, Ltd. and Developers Diversified Realty Corporation: 1. Application for Comprehensive Plan Change; 2. Application for Rezoning; 3. Application for Annexation Request; and 4. Any other documents required in connection with the filing and processing of such Applications. Very truly yours, JA: jj cc: Larry J. Durkin 3300 Enterprise Parkway, P.O. Box 228042, Beachwood, Ohio 44122 Tel: (216) 755-5656 Fax: (216) 755-1656 or (216)755-1678 - jailgood®ddre.com I It C Y --------------- _____ ------------------------------------------ __...y G f G — —r. nIRVIKVAVENUZ— — — — — — — — g— — — — — — — — na�rn Sa S.a S.9 S.10 , _y` I weunw fm I:I - ---- wsw•w ew I I� I I� I .nl t°G� I I R 9;7 is w G 0.29' ' Cf/4' 3,9 VKLNSEYW w�r'•�. �, 1fis• �ff� I fie Xf � I I /© IN •� f I I 1 I i fL fN•Mf� %,L _f fI8'N• f ,/� I _ f fhY,C [ if f f I 6TG f[tnw uwf � I ..wm ut soroun ut a n fmr sroucf rac� v_ PARCEL 2 30 ACRES , o � � 535.B22 SQUARE FEET a ' _ E. -.: __ .-_.._ I:I - ---- wsw•w ew I I� I I� I .nl t°G� I I R 9;7 is w G 0.29' ' Cf/4' 3,9 VKLNSEYW FROM PHONE NO. : 208 338 7908 Apr. 30 1999 08:47AM P2 �:,, � 94/29/1959 09:59 208x250696 rErs! EYS .AND SURVEv _ PAGE 01 Project. No.. 1882 Date: April 29, 1999 TEALEY'S LAND SURVEYING 915 West Jefferson Street • Boise, idahc 83702 (208) 385-0636 Fox (208)385-0696 DESCRIPTION FOR TIM GIBSON — PARCEL I A parcel of la(ad being a portion of the Neu 1/4 of the NE 1/4 of Section 9, T•3N., R.1 E., B.M., Ada County, Idaho as shown on Record of Survey No. 1283, filed for record in the office of the Ada County R.ecordcr, Boise, Idaho and more particularly described as follows: Commencing at an iron pin marking the North 1:/4 corm.* of said Section 9; thence along the centerline of said Section 9 South 00°43'35" West, formerly South 00°48' 14" West, 49.74 feet to a brass cap on the South right-of-way line of Fairview Avenue, said point being the POINT OF BEGINNING; thence along said South right-of-way line South 89'35'00"East 432.45 feet to an iron pin; thence leaving said South right- of-way line South 00'42'46" West 503.18 feet to an, iron pin; thence North 89°35'00" Wcst 433.30 feet, formerly 433.25 feet, to an iron pin on said centerline of Section 9; thence along said centerline North 00°48'35" East, formerly North 00'48'14" East, 503.19 feet to the POINT OF BEGINNING, Said parcel of land contains 5.00 acres, more or less. Post -its Fax Note 7671 = 60 h GAM, DocamontptrvadNesI8B1.1-Gco.dna. jdc OOP -7n 9Q0 QM!A0 A. Mayor ROBERT D. CORRIE veil lIembers CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT ('_08)881-1"_'61 CITY OF MERIDIAN PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 fCEIVED ('08) 887 1t Phone (208) 888-4433 • Fax (208) 887 4 NN(NG AND ZONING JI lg0 DEPARTMENT �; � (208) 881-5533 City of Meridian City Clerk Office 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: July 26 1999 TRANSMITTAL DATE: June `28 1999 _ _. HEARING DATE: July 29 1999 FILE NUMBER: AZ -99-012 REQUEST: ANNEXATION AND ZONING OF v, na ACRES TO C -C BY: DEVELOPERS DIVERSIFIED REALT'CO ZP. LOCATION OF PROPERTY OR PROJECT: 4000 E. FAIRVIEW AVENUE TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, 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 _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT ; _BUILDING DEPARTMENT FIRE DEPARTMENT _ POLICE DEPARTMENT _CITY ATTORN EY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) YOUR CONgISEFEMARKS: nUa Ur tncnWUnc VHLL.G! Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (_884-42640�884-4264, 6�1 Council Members CITY OF MERIDIAN, -,—. PUBLIC BUILDING DEPOORKS CHARLES ROUNTREE 33 EAST IDAHO ��ij TiMENT GLENN BENTLEY MERIDIAN, IDAHO 83J� ( (los) 887-22 I RON ANDERSON Phone (208) 888-4433• Fax (208) 84-481�� a 17�r PLANNING AND ZONING KEITH BIRD J DEPARTMENT Vii' `` '-,. 'i_ L (203) 33.4-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ELOPMENT 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: July 26 1999 TRANSMITTAL DATE: June 28 1999 HEARING DATE: July 29 1999 FILE NUMBER: AZ -99-012 REQUEST: ANNEXATION AND ZONING OF 13.09 ACRES TO C -C BY: DEVELOPERS DIVERSIFIED REALTY CORP. LOCATION OF PROPERTY OR PROJECT: 4000 E. FAIRVIEW AVENUE TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH ,P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, CIC _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) BUREAUOOF RECLAMATION (PRELIM & FINAL) HUBBLE ENGINEERING, INC. 9550 BVLethel Court ■Boise, Idaho 83709 208/322-8992 ■ Fax 208/378-0329 9ti0 SURVE��QGi - Project No. 9904000 April 30, 1999 DESCRIPTION FOR FAMILY CENTERS AT MERIDIAN ADDITIONAL PROPERTY ANNEXATION A parcel of land located in the NW1/4 of the NE1/4 of Section 9, T.3N., RAE., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the N1/4 comer of said Section 9 from which the NE corner of said Section 9 bears South 89°22'32" East, 2659.01 feet; thence along said section line South 89022'10" East, 708.49 feet; thence leaving said section line South 00°37'28" West, 47.09 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30); thence leaving said South right-of-way line South 14°59'32" West, 276.87 feet; thence South 00048'14" West, 554.06 feet; 11 thence North 89°35'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 00048'14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less. Prepared by: HUBBLE ENGINEERING, INC. 7 72 GGC/vw/familycentersMerid-annex Gregory G. Carter, P.L.S. 7) JUL 15 1w . . L T A11 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 July 13, 1999 OFFICE: Nampa 466-7861 _• Will Berg, City Clerk SHOP: Nampa 466-0663 City of Meridian 33 East Idaho Meridian, ID 83642 Re: AZ -99-012 Family Center,at Meridian Shopping Center Dear Commissioners: ry The Nampa & Meridian Irrigation District has no comment on the above referenced annexation and zoning. Sincerely, Bill Henson, Asst. Water. Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File —Shop File —Office Water Superintendent C APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT R16HTS - 40,000