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HomeMy WebLinkAboutMidvalley Bus Park Sub AZ HUB OF TR EASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 TRANSMITTAL DATE: September 8, 1998 HEARING DATE: October 13, 1998 REQUEST: ANNEXATION AND ZONING FOR MIDVALLEY BUS PARK SUB BY: RUBBLE ENGINEERING. INC. LOCATION OF PROPERTY OR PROJECT: NW of Eagle Road/I-84 interchange, W of existing Texaco _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C 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 8~ FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: CITY FILES ~ i NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the O and the Laws of the State of Idaho, that t rdmances of the City of Meridian he City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 Eas t Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m, on February 2, 1999, for the application of Hubble Engineerin for purpose of reviewing and considering the 9 annexation and zoning of approximately 5.4 acres of land which is generally located northwest of Eagle Road / I-84 interchange, west of existing Texaco. The application requests a A more particular description of the a zone of C_G. bove proper-ty is on file in the City Clerk's °~Ce at Meridian City Hall, 33 East Idaho Street and is available for inspection during regular business hours. A copy of the application is available upon re persons shall be heard at said quest. Any and all interested public hearing and the public is welcome and invit submit testimony. ed to DATED this 11th day of January, 1999 PUBLISH January 13t" and 27t'', 1999 WILLIAM G. BERG, JR., C \*~SLrI ~~5~~~~t f~'Y+'yr .,~~ ~~ w r X ~ i*T . ~ ~~ ^ ~ i p p~~~ r ~~ `= ~~~f~!'.l.Pt1iJ~~18i4Y~~1~~~~ ~~= -~i''~~ B ~ ;iii: ~~ ;~ ;JJAI ~~~ .I ~I~ '~ i ~~ ~,~; ~ ;,,~, gyp` ;~ nil rl ~'~ I y ~ ~~ f ~ ~/ R ~~ 1 I n n n n ~~ ~~ c 7 d a ~; ~ 1~ ,. / I ~ Nt I~~~c ~ ~' ~, i `_~~ ~_ ., i .. /. ' ,, r~ l __. b ~( ~~l! 7~ :I ~/ ,~ ~ r j ~ ~ _ 111 ~ ~ '' I~~; ,~ ~~ ~~~ n ~ , ~ , l ~* TX CONFIRM~aN REPORT ** AS OF JAN 11 ~12~28 PAGE.01 DATE TIME TO/FROM 04 01/11 12 27 206 888 1097__ CITY OF MERIDIAN MODE MIN/SEC. PGS CMD# STATUS EC--S 00'31" 001 196 OK--- NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold at the a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, hour of 7:30 p.m. on February 2, 1999, for the purpose of reviewing and considering the application of Hubble Engineering for annexation and zoning of approximately 5.4 acres of land which is generally located northwest of Eagle Road / I-84 interchange, lication requests a zone of C-G. west of existing Texaco. The app A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. uest. Any and all interested A copy of the application is available upon req persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 11"' day of January, 1999. ~G~ ~ WILLIAM G. BERG, JR., C CL RK ',`~rs~~9~tluy, PUBLISH January 13~h and 27~', 1999. ~~~~ ~ ~•.ax'"~,r''rrrr *~. ~ s~~ ri~f ~~ ~ O~Qq y ~~~ ~i ,~~ ~. NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the Ci of and the Laws of the State of Idaho, that the Cit Co ~ Meridian y uncil of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian I hour of 7:30 p.m. on December 15, 1998, for the ur daho, at the p pose of reviewing and considering the application of Hubble Engineering for annexation and zonin of a r ' acres of land which is generally located northwe g pp oximately 5.4 st of Eagle Road / I-84 interchange, west of existing Texaco. The application requests a zone of C-G. Further the applicant requests preliminary plat approval of the parcel of Ian above described for 5 building lots for proposed Midvalle B d y usmess Park Subdivision. Further the applicant requests a conditional use permit for 24,560 s uare f office building, equipment yard and garage with securi fe q oot tY rice. A more particular description of the above property is on file in the Cit Clerk' office at Meridian City Hall, 33 East Idaho Street, and is avail y s able for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 23`~ day of November, 1998. vviLL1AM G. BE~~~ JR. IT -CLERK PUBLISH November 25th & December .9th, 1 ggg. `,,~ ~~sl~ rr~~~,~~''' ,~ '~-~ .,~ d, ~~ ~~ ~~1iL 9 ~~ 'r ~~ `` '~l~i~lIJJI 11H11~1~`~, ** TX CONFIRMFaT!pN REPO RT ** DATE TIME 02 - 11123 160? 208 888 TO/FROM ----_______ 109? AS OF NOV 23 '98 16;08 PAGE.01 CITY OF MERIDIAN MODS MINiSEC PGS CMD# STATUS EC-- 00'34" 001 ------------------ 083 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinanc and the Laws of the State of Idaho, that the Ci es of the City of Meridian a public hearin tY Council of the City of Meridian will hold 9 at the Meridian City Hall, 33 East Idaho Street, Meridian 1 hour' of 7; 3p p. m, on December 15, 1998 ~ daho, at the the application of Hubble En ~ for the purpo~ of reviewing and considerin glneering for annexation and zonin of a g acres of land which is generally located northwest of Ea le R g pproxima~iy 5.4 west of existin g oad / 1-84 interchange, g Texaco, The application requests a zone of C_G. Further the applicant r equests preliminary plat approval of the parcel of land above described for 5 building lots for proposes Midvalle Further the a Y Business Park Subdivision. APlicant requests a conditional use office buildin permit for 24,560 square foot 9, equipment yard and garage with security fence. A more Particular description of the above °ffce at Meridian Cit Hall 33 prOpertY ~s on file in the Ci y East Idaho ~ Clerk s ' Street and is available for ins e regular business hours, p coon during A copy of the application is available upon request. An a persons shall be heard at Y nd all interested said public hearing and the public is welcome and invited to submit testimony. DATED this 23'~ day of November, 1998. ~~_ , PUBLISH November 25t'' & peCember ~9~', 1998. "' O~ °~~•,,. ~•~'~ ; .~ `, r ~~L =, ' ,~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of th e City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on October 13, 198, for the pu ose of rp reviewing and considering the application of Hubble Engineering for annexation and zoning of approximately 5.4 acres of land which is generally located northwest of Ea le Road / I-84 interchange, west of existing Texaco. The ap lication r g p equests a zone of C-G. Further the applicant requests preliminary plat approval of the parcel of land above described for 5 building lots for proposed Midvalley Business Park Subdivisio n. Further the applicant requests a conditional use permit for 24,560 square foot office building, equipment yard and garage with security fence. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection durin regular business hours. g A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 11 cn day of September, 1998. PUBLISH September 23 and October 7, 1998. G. BERG, JR. B ~.`' 7 ~~ r P ~~ U 191111 t~I -. N u ~i O i . ~ -~-.~~ z C ~~ ~- ~~ ~!i~ jsi~ a i~ .~ ~~I ~ ~1~~ ~~ ~ ~~~ ~; ~, ~--;~~ ;. ! '~ I~~'- '~ ' ~ 1 ~I~~ ti C U , ~ I~ ~ I~ ~I W V ~ a./I ~ - ~, ~--- '~ ~~ ~~~ .i i~ ~ \ O J? F ~~ ~~ I u u ~ ~ ~ ~i ~~ u U ~,i ~~ r ~ 1, ,~ ,~ i~~.. ~. ~):ai ~ i I I .'11' II~ _ ~' ~_ ~/ i .' i ~ f~ l~ :7 MIDVALLEY CENTER SUBDIVISION APPLICATION FOR ANNEXATION TO THE CITY OF MERIDIAN Submitted to: City of Meridian Submitted by: RUBBLE ENGINEERING, INC. August 13,1998 ~E HOBBLE ENGINEERING, INC. 9550 BETHEL CT. BOISE, ID 83709 322-8992 Project No. 9818900 G F,p HUBBL ~2 ~ 9550 Be E ENG~NEERI NG ANC. O SVRVE'~~~ thel Court ^ Boise, Idaho 83709 ~ August 13, 1998 ' Meridian Cit Cit Y Council Y of Meridian ' M o dian, Id °n' Suite 201 aho 83642 208/322-8' RE: Midvalley Business Park S Dear ubd~vision, Annexation and Prelimin City Council; a-Y Plat Please accept our Allen Street application for Midvalle Drive 'Meridian, Idaho Y Business Park . generally located ' °n the southwest corner °f Subdivision North, Ran west of Eagle Road Allen ~ located at 621 develo ge 1 East of the B and n° Street and ped on Lot 10 of O1Se~Meridian. The rth of I-84, SeCt10n 17 Magic View City of Meridian and Magic View Subdivision property contains 5. 'Township 3 this request is an a a re-subdivision into flue ' with a re annexation into quest for and will be requested zone pplication for annexation from) COmmerciall the Commercial change from R7 Ada Count y Zoned lots. Included in ), and a prelimina (Rural Transition Y to the Cit -Y plat for a five ) tO C-G (General y °f Meridian, a Currently, the (5) lot commercial subdiv seon~ and Service pasture for property contains head horse gratin a single family dwellin quarters Hubble g The P 9 with an accesso current) of Engineers nro °sed use would Y located in west Boise. g, Inc. include the ry barn and subdivision. Hubble g ' a local engineerin new corporate princi Lots 2 through 5 En ineering would occu g and surveying firm pally permitted within the C-Guld be platted pY Lot 1 of the located in uninco and develo Proposed desi rp°rated Ada CountZOning designation. At theed for commercial uses gnation of RT. The Rural Transition zonehs °ntiguous to present, the the city limits pr°pertY is The requested n the Meridian Area of ' with a zoning Commercial , Z°ning designation for City ImpaCt• This zonin this property is C_G service oriented g designation is intended to (General This zone and are located in close Retail and would allow for Proximit allow uses that are Sefvice related businesses. principal er Y to major highwa auto and existin These uses P muted uses includin Ys °r arterial streets. Jackson s°ning and uses in the im nd the proposed zonin g °ffice Texaco mediate area. g designation see ice and retail retail convenience storeed C-G' and containin Directly to the a Compatible to designated this and a fast food facilit 9 multiple uses includm the pr°perty is a consistin proposed area as Mixed-Planned USeMeridian Comprehensive platt10n, g of commercial, residential, office, medical Development, with has Lot 1 will ,industrial and related and uses. ses gain access directly from maintain appropriate Allen Street. access ease pubbc street fronts e. Lot 5 is designed as a ments. Because of the g Lots 2 & 5 flag lot in order to northern four lots of the subdivision, the will be develo interior lot lines Possibility of one use occu ped with do not contain prelimina PYing two or shared utility easements. rY plat has been desi ned more of the Utility easements have been° that the provided along the front, outside and rear lot lines of the subdivision in an effort to avoid future vacation problems that could arise. Ada County Highway District has been consulted on this proposed subdivision. According to the District, Eagle Road is a principal arterial road with a most recent traffic count of 31,975 ADT. Magic View Drive is designated as a local commercial street with a most recent traffic count of 5,600 ADT. Allen Street is designated a local street with no current traffic count available. In a recent report from ACHD regarding development of an adjacent parcel to commercial, the report stated that the existing transportation system is adequate to allow for some additional redevelopment of this area. In all, we feel that Midvalley Business Park Subdivision is a nice fit into the overall plan envisioned by the City of Meridian for this area. With the close proximity to I-84 and Eagle Road, this site is perfect for the type of commercial development we seek. Our request meets the intent of the Meridian Comprehensive Plan for development in this area.. Sewer and water are located adjacent to the site and will be provided to the development. The plat has been designed based on Ada County Highway District policy and the City of Meridian subdivision standards. In developing the individual platted lots, attention in detail will be given to landscaping, lighting,. parking, and other design standards as they relate to the City of Meridian's Zoning Ordinance. We look forward to working with you and your staff and request approval of what we believe to be a quality project. If you have any questions, please do not hesitate to contact me at 322-8992. Sincerely, e.~.~ ~ ~/ Shawn L. Nickel, Project Planner Hubble Engineering, Inc. 1 1 • CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 PROPOSED NAME OF SUBDIVISION: Mi dva 11 ey Center G~RALLOCATION: Northwest of Eagle Road/I-84 interchanae_ wp~+ „~ ,,.,:_~_._ TYPE (RESIDENTIAL,, INDUSTRIAL,, COMMERCIAL): Commercial ACRES OF LAND IN PROPOSED ANNEXgTION: 5.4 acre s P~SENI'LANDUSE: One sin le family dwellin and asture PROPOSED LAND USE: Commercial/office subdivision PRESENTZONII~TGDISTRICT: RT (Rural Transition) PROPOS ED ZONING DISTRICT: C-G (General Retail and Service Commercial) AP Hubb PLICANT: le Engineering, Inc. PHONE: 322-8992 ADDRESS; 9550 Bethel Ct., Boise, ID 83709 ENGINEER, SURVEyOIZ, OR PLANNER: Shawn L. N i c k e 1 ' PHONE: 322-8992 ADDRESS: 9550 Bethel Ct. , Boise, ID 83709 OWNER(S)OFRECORD: Randy and Linnea Worden PHONE: 887-9595 ADDRESS: 621 Allen St., Meridian, ID 83642 -- -- S of Applicant Texac 1 We, Randy and Linnea Worden, the legal owners of Lot 10 of Amended Magic View Subdivision do hereby grant Hubble Engineering, Inc. the right to apply for Annexation and Rezone of the above mentioned property in the City of Meridian, Ada County, Idaho. Randy J. Worden ~. %t ~ ~ Linnea R. Worden ~~G~- !~ Qr'o~.~ Representative for Hubble Engineering, Inc. Acknowledgement State of Idaho ) S.S. County of Ada ) On this /Z day of ~ u ~ ~ 3 ~ / ~y~ ,before me, the undersigned , a notary public in and for said state, personally appeard Randy J. Worden and Linnea R. Worden, husband and wife, to be the persons whose name is subscribed to the within instrument and acknowledged to me that they executed the same. ~ I witness whereof, I have hereunto set my hand and affixed my year in this certificate first above written. 2-s-dy My bond Expires offic~~ie day and o~© aa® d® ~$ ®®~ ~~= ~® '~U~LZ6 ©° v ~ o 0 °~i~'l' ®®®®mm®®mo°®~ ~®00®0~ ®°®~~+~®oF£~~e,0°®® ~ ~~ Notary Public for Idaho Residing in Idaho N /(~ \ r ~b i Lot 10 of Amended Magic View Subdivision as recorded in book 52 of Plats at Pages 44.4.5 and 4446, records of Ada County, Idaho, located in the SE1/4 of the NE1/4 of Section 17, T.3N., R.1 E., B.M., Ada County, Idaho more particularly described as follows: 208/322.8992 r Fax 208!3 23087 23p g August 18, 1998 DESCRIPTION FOR LOT 10 OF AMENDED MAGIC VIEW SUBDIVISION Beginning at the northwest corner of said Lot 10; thence along the exterior .boundary line of said Lot 10 the following courses: -1998 16 30 RUBBLE ENGINEERING 1 208 378 0329 P.01i01 RUBBLE ENGINEERING, INC, Alien n_.~ _ . ~~~~ ~~~~~n~ ~.ourt ^ Boise, Idaho 83709 Project No. 9818900 South 83° 11 "15" East, 230.88 feet; thence South 83°21'41" East, 64.86 feet; thence Soutfi 00°22'58" East, 611.11 feet; thence North 84°41'13" West, 473.05 feet; thence North 16°03'06" East, 626.61 feet to the Point of Beginnin , containing 5.40 acres more or Bess. 9 Prepared by; HUBBLE ENGINEERING, INC. Post-its Fax N t 7o S Co.~Dcpt. n o e 7671 mite ~'- ~ ~4 $ Pag°es ~ ~ '~h > Z ~Fs`d -ss 33 Fax ~t GGC/vw/AmendedMagicViewSub l'` Frorh m Co. 'N..~bbl ~ o ° Phone i! 'fit ~ ~a ~- -~~rq s. Gregory G. Carter, P.L.S. AUG 18 '98 16 27 TOTAL P. 01 1 20A ~7f~ Ll~~o .,,.__ _ _._..__.~sm....~.-. a. I _ - 1 . ~ _<. `~ ~) ~~~~!"'!S `7 ~ a ~~~~ Titl_ File ~o.: 893-214;9 D s~s~~c~ ~ " `r ~ _ FOR VALUE RECEIVE ~... .~ SBI;\ L=aViTT, an unmarried. man CRANTOR(s). does(do) hereby GRANT,' BARGAIN. SELL and CONVEY unto I~1 Ra~`Dy JOSEPH tiORDE~ and 3 I I~ LIYSEa ROSE '•~ORDES, husband and ~i._ ~ ! GRANTEE(S), whose current address is: 62i Allen Street `1?: idian, I Ida`.o 836~ounty, State of Idaho, '. the foliov+ing described real property in Ara ` mere particularly d scribed as follows, to wrt: Lot 10 of aYEV'DED `faGiC VIES Sli}iDI~'ISIO~, according to the f Plats at Pages 4445 and 1496, official plat and amended by an :,,' thereof, fil_d in Book 52 o ~ affidavit recorded July 13, 1986, as Instrument \o. 862931 1,, Official Records °'L''~ of Ada Court', Idaho. 1 1 1 j 1 1 :. a 1 1 I~ ";3..7~?20~ _ .801SE TI:E & ESCROW c ECORG'e°. ii'' ~~ ~~ '03 PUG 27 Fl~ 112`f TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s). and Grantees} heirs and assiSis forever. And the Said Grantor(s) does(do) hereby covenant to and w!!h the said Grantee(s), that Grantor(s) islare the owner(s) in fee simple of said premises: that said premises are tree Irom all encumbrances, EXCEPT those to which this conveyance is expressly made subject and thosermhds.ojufµare a d done by ihe. Grantee(s): and subject to reservations, restrictions, dedications, easements, g Y agreements. (if any) of record, and general taxes and assessments. {including irr'W?Ilwa Gant and etendshe same any) for the current yea;, :vhich are not yet due and payable, and that Grantor(s) Irom all lawful claims whatsoever. Dated: ;,usust 17, 1993 A ................. ... Brian Leavitt Idaho STATE OF ...................... County of .. add................ as. ~ .. On this ... ... .day ot :a?ltS4S.k .............................. ~ In the year of ±:}.4.~..., before me, the undersigned. a Notary ~' Pub1le tp•"=~\r%'t~: sold State. Personally aPPearad .. ,~ •. 1 • ~, ~,~r........ ~.. ... ,.,1,.(.x....1 . ~ . ..,, ~ ' 1 !.x',.~er°or ide~tUlealyny~~a ;he Person .. .. whose.nae~ OF ID ;. ;a+° ~. r+n„uanNamo:T~m_ Y•al.. ~.: ^.:.. ~.k9.CP.......... ' nroeo, w~~n ~",,...._•• pESIGING IN ~1GLc, ID~O Rosiding at :................... • ~ •~g: 3-52 0. My Com~iseion eXPi.e9: .............!......... LJ ~ ~ • ~ i~ ~ :~ ' i i 1 ~ ~ t~~. ~ {-a."' ! i ~ ~ A 1~ 5 -- ;, ~` f1 a~ ~i 'o N 4 If t .~ O !1 i ~~ 9~ U v 1 ~~ i We, Hubble Engineering, Inc., the developers of Midvalley Center Subdivision do hereby affirm that the said property will be posted one week before the public hearing. Representative for _~ Hubble Engineering, Inc. Signed August 13, 1998 • We, Hubble Engineering, Inc., the developers of Midvalle y Center Subdivision do hereby affirm that we have read the contents of this application and veri that the information contained therein is true and correct. Re resentative for _ P Hubble Engineering, Inc. ' Signed August 13, 1998 1 • PLEASE PROVIDE THE FOLLOWING INFORMATION ON A SEPARATE SHEET OF PAPER AND/OR ON SEPARATE ATTACI-IlVIENTS ' 1. Name, address, and phone number of applicant; Attache d ' 2. Name, address, and phone number of owner of subject property and proof of title of said owner (war t d d ran y ee ). Attached ' 3. Notarized request for zoning aunt from titled owner, successor of said owner valid title , option holder, or contract purchaser with consent from the titled owner if not requested by titled owner; Attached ' 4 L . egal description of property inchiding all adjoining rights-of--way, railroads, roadwa 3's, highways and easements the full length of the property which is signed and stamped by a land surveyor registered in the State of Idaho; Attache d 5. Description of present land use; Contained in 1 e t t er 6. Description of proposed land use; L e t t e r ' 7. Present zoning district and jurisdiction; L e t t e r ' 8. Proposed zoning distract; L e t t e r 9. A statement descnbu~g the charactenshcs of subject property which make the zoning ~ amendment desirable; L e t t e r 10. A statement outlining the necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development; L e t t e r 11. A statement of how the proposed zoning amendment relates to the City of Meridian Comprehensive Plan. L e t t e r 12. One (1) map of scale of one (1) inch equals one hundred (100) feet of the property concerning the zoning amendment; Attached 13. Thirty (30) copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet; Attache d 14. A list of the mailing addresses of all property owners within three hundred feet (300 of the external boundaries of the land being considered. This list can be obtained from the City of Meridian Plannnzg & Zoning Depamnent. please request list seven days prior to submitting application. Attached i~ • 15. A fee established by the Council; Less than 1 acre = $400.00. Over 1 acre = $400.00 plus $15.00 for each additional acre or portion thereo£ In addition to above fee applicant shall pay cost of certified mailings at a rate of $1.67 per notice. Attached 16. A signed affidavit stating that the property will ~ po~~ 1 week before the public hearing. Posting must contain name of applicant, description of zoning amendment, and time and date of public hearing, Official notices are available at City Hall. Attache d 17. A signed affidavit stating the applicant has read the contents thereof and verifies that the information contained therein is true and correct. Attache d 1 . ~ 1 i~ ,~-. • ~~ .L.~ pU613 crrY o>~° a~~~ ~~ CITY OF MERI IAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888433 Customer's Date a~ ~3~~" Order No. )/ in erER Name H U ss r. tw ~ 31 Iq Phone: 3ZZ" `d`Ig2- Fjo;bt, I D~ C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT BV ~ 4 93 # 12 35D ' °° Preli,..nih0.r pl0.t 5 Low x Z l • L~l 3 l~ ' , `l ll ma-' .or (5.~- acre ... ,. v ~ pq claims and. returned goods MUST be 0 0 0 9 0 5 6 By~eived ~ ~ GS-202-2 ,1 PRINTED IN U.S.A. this PNINTEO WITN gpiY INK ,_ ~~ ' W l , ~,-I 3 ~° i ~ i I II TAX TOTAL q I ~g C J ~",~""'~6t,U ' I ~O "~~ ~] %ti '' Ql` ,.. :::.. '.r ti W 0 .~ 0 0 I i •,r t 00-i lv 0 a z ~ m ~ Odd c/G~ ~ ~ ~ y Sn ~~ 2 ~ Z ~ o ~~ eh < c~ y `4 RS ~ 5~ ~ ~o ~2 ~ '~ ~ ~ H ~a Rs • S~,i S H ~ W C K y .~ ~ X ~ - ~ ~ o ~ _ H C° C • ~ ~ o ¢. ~ ~ O ~ ~ ~ r a n. co .f] a. W m rn ~ rn 1" ` 'Q • ~. ~ z _ ~ m b ' z .tea ~ ~ i ~. o /~ ~ °' Z r x `~ ~I J .~ s m ~ ~ ~ z 0 o w ~. Q 4 ~ ~~ °' wrn 4 Z ~ ~ ~~ 0 • A ~ b L, _ ~ Z Y ~) N • ., r ~ +~ N ~~ © fA ON , r Z -- ppA' W N G O N. ^~ CO O ~ \ / N ^ m ~ p ~ ~ w Q w -Di mmrt~ wa ~-+ co _oOm ~ m pnZ. i f~+ D ~m~ m m m o$z t m gmz ~ og> x ~~~ N _ ~ ~ m 7(7C 2 sn D _.~ n lC 7C D 2 ~ -Zim ~ -p ~ p~ n ~ ~ (~ - .es ~ .ea ~ ~ ~`. N , CO' 4, 00 W • MIDVALLEY BUSINESS PARK - 621 ALLEN STREET PROPERTY OWNERS WITHIN 300' HOWELL RICHARD D & JUNE 2750 MAGIC VIEW DR MERIDIAN ID 83642-6244 PATEL BHUPENDRA & VILA 2600 FAIRVIEW AVE BOISE ID 83702 N EAGLE RD HANKS HARVARD D & GENEVA J 2930 MAGIC VIEW DR MERIDIAN ID 83642-6246 MOORE RICHARD L & BARBARA L 3050 MAGIC VIEW DR MERIDIAN ID 83642-6247 BARNES ROBERT B & KATHLEEN E 2855 MAGIC VIEW DR MERIDIAN ID 83642-6245 WORDEN RANDY JOSEPH & LINNEA ROSE 621 ALLEN ST MERIDIAN ID 83642-6255 JACKSONS FOOD STORES INC PO BOX 488 3500 COMMERCIAL CT MERIDIAN ID 83680-0488 625 N EAGLE RD WELLS DAVID W & M MA~GNE 985 FREEWAY DR MERIDIAN ID 83642-6258 E FREEWAY DR POST JAMES A PO BOX 1290 OLDSMAR FL 34677-0023 N EAGLE RD BOTTLES MARK K & GERI G AND JONES BURKE P 875 S ALLEN ST MERIDIAN ID 83642-6255 DRAPER WESLEY A & ELMA R 942 WELLS MERIDIAN ID 83642 S WELLS ST r -~ ~ Cn _ _ o m w ~ W ~ °' Z Q 3 ~ ~ ~ V n m „ m v C N d ~ -~ ~~ B. 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(/] ~ m ~ y m m o 0-073 0 F o - ~ ~ 7 7 w m s .m mw a d~7xc~p a~ "° m 3 m F.m>> ~ a~vNi ~Q w ao V N Q C Ol c w 0 3 v fD a Q ~Ce F O d O fD 7 ,. r ~~ ''~' ; - ~ ~ FcF O~,~U_`,, ~~~ ~~~~ 1:99 I-r~ - I ~ ' ~ -. ~~`~~~'I~roFNt ~~J%G~2fl ~~~a°°~ ~ ORDINANCE NO. 810 A~~I ORDINr'~~1CE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LI,~IITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; A1~ID FINDING THAT THE OWNER HAS NIA.DE A REQUEST FOR A:~`NEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAi~1D BE A1~INEXED TO THE CITY OF NIERIDIA1~1 AND ZONING DESIGNATED GENERAL RETAIL Ai~ID SERVICE COMMERCIAL (C-G); AMID DECLARING THAT SAID L,~~~ID, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAi~1, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINAi~1CES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; A~1D DIRECTING THE CITY ENGINEERTO ADD SAID PROPERTYTO THE OFFICL~I. viAI'S OF THE CITY OF MERIDIAi~1, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINAi~ICE AND MAP OF THE ARF,A.S TO BE Ai~INEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER rli~1D ASSESSOR, A~~ID 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 A~~1D 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: Lot 10 of Amended Magic View Subdivision as recorded in book 52 of Plats at Pages 4445 and 4446, records of Ada County, Idaho, located in the SE 1/4 of the NE 1/4 of Section 17, T.3N., R.IE., B.M., Ada County, Idaho more particularly described as follows: Commencing at the E 1/4 of said Section 17; thence along the East boundary line of said Section 17 North 00°22'57" West, 1326.59 feet to the N 1/16 or said Section 17; thence along the North boundary line of said Amended Magic View Subdivision North 89°58'30" West, 770.41 Eeet to the NE corner of Lot 3 of said Amended Magic View Subdivision; MIDVALLEY BUSINESS PARK SUBDIVISION ANNEXATION AND ZONING ORDINANCE thence along the East boundary line of said Lot 3 South 00°04'48" East, 5 7 4.08 Feet to a point on the exterior boundary line of said Lot 10, said point being the Real Point of Beginning; thence along the exterior boundary (ine of said Lot 10 the following courses; thence South 83°21'41" East, 64.56 feet; thence South 00°22'58" East, 611.11 feet; thence North 84°41'13" West, 473.05 feet; thence North 16°03'05" East, 626.61 feet; thence South 83°11'15" East, 230.88 Feet to the Point of Beginning, containing 5.40 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 General Retail and Service Commercial (C-G). 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. SECTIONS: 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 ivleridian and the owner of the land described in Section 1 dated the day of ~.2.~rGc.(,<,~ 1999. MIDVALLEY BUSINESS PARK SUBDIVISION 2 ANNEXATION AND ZONING ORDINANCE 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 la~v. SECTION 8: The Cleric of the Citv 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 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 §SO-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~~ day of {~~(2F , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this !6'f~ day FOR MIDVALLEY BUS MIDVALLEY BUSINESS PARK SUBDIVISION 3 ANNEXATION AND ZONING ORDINANCE CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 810, passed by the City Council of the City of Meridian, on the ~6~ day of ''~" , 1999, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk~of!t~rg~~City of Meridian. ,`,,t OF f~.. ~ '~ ~ ~o S~1L _= LLLIAM G. BERG, J STATE OF IDA/F-I'O,~~c r t~T ~~``~,~,~``~\ ~ey `r ~~'rf 11141 tl l!!~~'``\\ County of Ada, ) On_this ~ day of - , in the year 1999, before me, WILLIA9~1 Meridian, exe~~j~ .•''~' GEL ~~ P~ .~ ~, o • ~ ~l_Il`~1S , a Notary Public, appeared G. BERG, JR., known or identified to me to be the City Clerk of the City of Idaho that executed the said instrument, and acknowledged to me that he ~~ same behalf of the City of Meridian. L. 9 •o, »••'I`~~~•• • ` t s°a L OTA~r ~ B LZG ; Notary blic for Idaho Commission Expires: ( c~ ity File\Ordinances2lANNEXATION AND ZONING ORDINANCES\CERTIFICATION ACKNOWMT CITY PARK SUB.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN 1 e SEC.~~ 7 ~! ~~ ! ILL =~ GRE HILL i iGWfS0I5- ---•'Diil E ------' - - - ----' -----° ---- I ES ATES ~, lz~( ____ ----_ SUB' IVISIO ",~ \.W~Y\ ~ ~~ ~ i• , ~ ~. ~ .'wav- ------- ... ------------------ -------- s O. 2 0 >< s i e MAGIC .____ S P3'll'l5~E ;~----_.----_.-- ~ jj~~ -~~~ ~~- ____ ______________ _ 1 ~-MCP. ~% ~ ~-!~iC_=__"'~-v~~~ /,`,' N~cx r,~ ~~ ~~:1'• ieo' VIEW _~``\\ • \\ X W g 8 ~o S• P3'y'4/'E. /' L4. 9t. va•, PbINT a~ C6/INN1114 a ~~c ~ ~ ~ ~ ~n ^+~ b ~ ~ ~ o N N e j i i i ,r G 8 •.{ N. /t•N'r;•p • , 473,15 ., , , _ I j/ ~ -- ~--- ~-----_-_-__- ---- SI~DIV1Sl N "~ '" 6 IL i _ _ ~ ~ _ ~~ __ i .. - -- "-~_Ji ' _"- \„ - ,, -- ~ _ -- ~ -- _ ,, '"" _ -- "" ~'i e4 '' ' --~- - -~ _ - 1i ~, _ _ , _ -- , , -- - , _.._. , ~ , .. -~-aA ..-- -. - .. ~ WHITE, PETERSON, PRUSS, MORROW ~t GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. R CiIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFOAD TEARENCE R. WHITE William G. Berg, Jr. City Clerlc 33 East Idaho Street Meridian, Idaho 83642 February 11, 1998 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (206) 466.9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE R~c~i~~p FEB 1 2 1999 City of Meridian City Clerk Office Re: MIDVALLEY BUSINESS PARK ANNEXATION AND ZONING REQUEST -ORDER APPROVING THE FINDING SOF FACT AND CONCLUSIONS OF LAW OF THE PLANNING AND ZONING COMMISSION AND DECISION AND ORDER Dear Will: Regarding the above referenced matter, please find enclosed a copy of the Findings of Fact and Conclusions of Law and Order of Decision for approval and signature by the Mayor and Council. If you have any questions, please give me a call. Very truly yours, w.~ ~~ .~ ~~ ~ m. F. Gi ra ,III C~ w gy 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 @ wfg@wppmg.com e~~crr,~~~ ~~~ ~~~~~~~~~ ~~r~~~ msguetters2MidvalleyBusParkAZ.ltr.wpd ~~~'; I;y~iY~'~+,1112 ~~~~~,py~''^~-$' ~~,~ • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) ORDER APPROVING THE APPLICATION OF HUBBLE ) FINDINGS OF FACT AND ENGINEERING, NORTHWEST ) CONCLUSIONS OF LAW OF THE OF EAGLE ROAD/1-84 ) PLANNING AND ZONING INTERCHANGE AND WEST OF ) COMMISSION AND DECISION EXISTING TEXACO, FOR ) AND ORDER ANNEXATION AND ZONING OF ) 5.4 ACRES FOR PROPOSED ) MIDVALLEY BUSINESS PARK ) SUBDNISION, MERIDIAN, ) IDAHO ) The above entitled annexation and zoning application having come on for public hearing on February 2, 1999, at the hour of 7:00 o'clock p.m., and Shawn L. Nickel of Hubble Engineering, Project Manager, RichAlyson, Bob Barnes, Howard Hunks, having appeared and testified in favor of the application, and Larry Sale of ACHD having stated the position of the ACHD, following this public hearing the matter was brought back before the City Council for consideration of Findings of Fact and Conclusions of Law at the regular Council meeting of January 5, 1999. At that time the Planning and Zoning Administrator informed the Council that there was an issue with the Developer regarding a condition of a development agreement requiring conditional use permit requirements for all lots that would be developed and in order to afford further testimony, and to receive additional evidence on that issue, it was determined by the Council to reopen the public ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DECISION AND ORDER FOR CITY COUNCIL - 1 • hearing and give notice in accordance with the law, which was then scheduled for February 2, 1999. This matter then came on for public hearing on the 2°d of February, 1999, at the hour of 7:30 o'clock p.m., and Shawn L. Nickel of Hubble Engineering, Project Manager, testified in favor, and Brad Hawkins Clarlc requested additional time to address the request of the Developer, and Bob Barnes of 2855 Magic View Dr., owner of a neighboring property, appearing and asking questions regarding the proposed fencing for the project and the City Council having duly considered the evidence, and no one having testified 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 AND CONCLUSIONS OF LAW 1. The City Council hereby adopts the Findings of Fact and Conclusions of Law as set forth by the Planning and Zoning Commission dated October 13, 1998, and the Recommendation to City Council of the Planning and Zoning Commission dated December 15, 1998, with the following exceptions: 1.1 That Finding of Fact § 17.2 at page 4 and 5 thereof to read: "A development agreement is required as a condition of annexation which shall require development of the subject real property in accordance with the conditions of annexation and zoning designation herein specified." 1.2 That Finding of Fact § 17.21 at page 7 thereof is not adopted. ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DECISION AND ORDER FOR CITY COUNCIL - 2 • 2. The City Council hereby adopts the Recommendation to City Council of the Planning and Zoning Commission dated December 15 ,1998, with the following exceptions: 2.1 The sentence "All uses will be developed under the conditional use permit process as planned developments" of Section 1.2 of the Recommendation at page 3 is not adopted. 3. That the Findings of Fact and Conclusions of Law as set forth by the Planning and Zoning Commission dated October 13, 1998, as herein adopted shall also include in addition thereto Finding 19 therein the following: 3.1 That the Development Agreement contain the following development requirements: "Conditional Use Permits: Developer acknowledges and agrees that only the following listed principal permitted uses shall be allowed on this property without conditional use permit approval, subject to compliance with design standards within the Zoning Ordinance of the City of Meridian, Idaho and the specific special conditions in the development agreement: a. Accounting Services; b. Administrative Services; c. Bakery Stores; d. Banks or other Financial; e. Clinics (Medical, Dental &. Optical); f. Hotels; g. Motels; h. Professional SL Sales Offices; i. Publishing SL Printing Facilities (small); j. Restaurants; lc. Retail Stores; 1. Veterinary Clinics &. Hospital ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DECISION AND ORDER FOR CITY COUNCIL - 3 s • DEVELOPER acknowledges and agrees that all other uses not specifically listed above will be required to submit to the CITY an application for Conditional Use pursuant to § 11-2-418 of the Meridian Zoning and Development Ordinance, or any amendments or recodifications thereof, and obtain the CITY'S approval thereof, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the subject Property intended for retail or other uses, it being acknowledged that DEVELOPER has submitted an application for a Conditional Use Permit for the development of a professional office building on Lot # 1, which application has been approved subject to the execution of the Development Agreement and the annexation of the Subject Property. 3.2 LANDSCAPING: DEVELOPER agrees to provide a twenty foot (20') landscaping buffer along the entire western boundary of Lots 1, 4 and 5 of the subdivision and an eight foot (8') landscaping buffer along the entire northern and eastern boundary of Lots 1, 2, 3 and 4 of the subdivision upon their development. In addition, each individual lot, when developed, shall provide for a minimum of ten percent (10%) of the total developable area as open space landscaping. All landscaping provided shall meet the specific requirements of Titles 9-607(5) and 9-607(6) of the Zoning Ordinance of the City of Meridian, Idaho. Landscaping shall be maintained by each individual lot owner. The developer of each lot within the subdivision shall submit a detailed landscaping plan to the City of Meridian for review prior to development. 3.3 LIGHTING: DEVELOPER agrees that each lot within the subdivision, upon development, shall be subject to the specific requirements of Section 11-2-414D(3) of the Meridian Municipal Code of the City of Meridian pertaining to Lighting Design Standards for Off-Street Parking. The developer of each lot within the subdivision shall submit a detailed lighting plan to the City of Meridian for review prior to development. 3.4 FENCING: DEVELOPER agrees to construct a six foot (6') high screening fence along the entire western boundary of Lots 1, 4 and ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DECISION AND ORDER FOR CITY COUNCIL - 4 5 of the subdivision. The maintenance and upkeep of the fence shall be the responsibility of the established property owners association. Once the property to the west is developed as a commercial use, each lot owner in this subdivision may negotiate the removal of the fence with the property owner(s) to the west. The construction of the fence shall be subject to the specific requirements of § 11-9-605 of the Municipal Code of the City of Meridian. 3.5 PARIQNG: DEVELOPER agrees that each lot within the subdivision, upon development, shall be subject to the specific requirements of § 11-2-414 of the Municipal Code of the City of Meridian pertaining to Off-Street Parking. The amount of off- street parking spaces required will be subject to the Schedule of Parking Space Requirements established in § 11-2-414(E) and based on the type of use for each lot in the subdivision. The developer of each lot within the subdivision shall submit a detailed parking plan to the City of Meridian for review prior to development. 3.6 SIGNAGE: DEVELOPER agrees that the location and placement of all signs on each lot are subject to the regulations set forth in the Uniform Sign Ordinance as adopted in § 11-2-415 of the Municipal Code of the City of Meridian. Detached, freestanding signs shall be limited in height to ten feet (10') for each lot within the subdivision. The developer of each lot within the subdivision shall submit a detailed sign plan to the City of Meridian for review prior to development. 3.7 MERIDIAN ORDINANCES: DEVELOPER agrees that, upon development, each lot owner within the subdivision shall develop their lot in a manner that meets all requirements of the Zoning Ordinance of the. City of Meridian, Idaho. Specifically, the developer shall adhere to building setbacks, height restrictions, design criteria and allowed uses for the C-G zone. ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DECISION AND ORDER FOR CITY COUNCIL - 5 • DECISION AND ORDER L~ 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: That the applicant prepare the legal description for the annexation included in the application with legal description and submit an annexation permit or legal description for the proposed site as set forth hereinabove. The legal description for the annexation needs to be a metes and bounds description tied to government corners. The annexation description must place this parcel contiguous to the existing Corporate City Limits of the City of Meridian (Ord. No. 659, 8/2/94). 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 new metes and bounds boundary description shall place this parcel contiguous to Ordinance No. 714 dated 9/19/95. 2. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. The (C-G) General Retail and Service Commercial shall not be finally approved by the City Council until provisions have been met as follows: 3. Applicant enter into a development agreement that provides that ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DECISION AND ORDER FOR CITY COUNCIL - 6 i • in the event the conditions herein are not met by the. developer that the property shall be subject to de-annexation, with the City of Meridian which provides the conditions of the development. 3.1 That the Development Agreement contain the following development requirements: "Conditional Use Permits: Developer acknowledges and agrees that only the following listed principal permitted uses shall be allowed on this property without conditional use permit approval, subject to compliance with design standards within the Zoning Ordinance of the City of Meridian, Idaho and the specific special conditions in the development agreement: a. Accounting Services; b. Administrative Services; c. Bakery Stores; d. Banks or other Financial; e. Clinics (Medical, Dental SL Optical); f. Hotels; g. Motels; h. Professional ~ Sales Offices; i. Publishing SL Printing Facilities (small); j. Restaurants; lc. Retail Stores; 1. Veterinary Clinics & Hospital DEVELOPER acknowledges and agrees that all other uses not specifically listed above will be required to submit to the CITY an application for Conditional Use pursuant to § 11-2-418 of the Meridian Zoning and Development Ordinance, or any amendments or recodifications thereof, and obtain the CITY'S approval thereof, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the subject Property intended for retail or other uses, it being acknowledged that DEVELOPER has submitted an application for ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DECISION AND ORDER FOR CITY COUNCIL - 7 ~ ~ a Conditional Use Permit for the development of a professional office building on Lot # 1, which application has been approved subject to the execution of the Development Agreement and the annexation of the Subject Property. 3.2 LANDSCAPING: DEVELOPER agrees to provide a twenty foot (20') landscaping buffer along the entire western boundary of Lots 1, 4 and 5 of the subdivision and an eight foot (8') landscaping buffer along the entire northern and eastern boundary of Lots 1, 2, 3 and 4 of the subdivision upon their development. In addition, each individual lot, when developed, shall provide for a minimum of ten percent (10%) of the total developable area as open space landscaping. All landscaping provided shall meet the specific requirements of Titles 9-607(5) and 9-607(6) of the Zoning Ordinance of the City of Meridian, Idaho. Landscaping shall be maintained by each individual lot owner. The developer of each lot within the subdivision shall submit a detailed landscaping plan to the City of Meridian for review prior to development. 3.3 LIGHTING: DEVELOPER agrees that each lot within the subdivision, upon development, shall be subject to the specific requirements of Section 11-2-414D(3) of the Meridian Municipal Code of the City of Meridian pertaining to Lighting Design Standards for Off-Street Parking. The developer of each lot within the subdivision shall submit a detailed lighting plan to the City of Meridian for review prior to development. 3.4 FENCING: DEVELOPER agrees to construct a six foot (6') high screening fence along the entire western boundary of Lots 1, 4 and 5 of the subdivision. The maintenance and upkeep of the fence shall be the responsibility of the established property owners association. Once the property to the west is developed as a commercial use, each lot owner in this subdivision may negotiate the removal of the fence with the property owner(s) to the west. The construction of the fence shall be subject to the specific requirements of § 1 l -9-605 of the Municipal Code of the City of Meridian. ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DECISION AND ORDER FOR CITY COUNCIL - 8 ~ ~ 3.5 PARIQNG: DEVELOPER agrees that each lot within the subdivision, upon development, shall be subject to the specific requirements of § 11-2-414 of the Municipal Code of the City of Meridian pertaining to Off-Street Parking. The amount of off- street parking spaces required will be subject to the Schedule of Parking Space Requirements established in § 11-2-414(E) and based on the type of use for each lot in the subdivision. The developer of each lot within the subdivision shall submit a detailed parking plan to the City of Meridian for review prior to development. 3.6 SIGNAGE: DEVELOPER agrees that the location and placement of all signs on each lot are subject to the regulations set forth in the Uniform Sign Ordinance as adopted in § 11-2-415 of the Municipal Code of the City of Meridian. Detached, freestanding signs shall be limited in height to ten feet (10') for each lot within the subdivision. The developer of each lot within the subdivision shall submit a detailed sign plan to the City of Meridian for review prior to development. 3.7 MERIDIAN ORDINANCES: DEVELOPER agrees that, upon development, each lot owner within the subdivision shall develop their lot in a manner that meets all requirements of the Zoning Ordinance of the City of Meridian, Idaho. Specifically, the developer shall adhere to building setbacks, height restrictions, design criteria and allowed uses for the C-G zone. 3.8 Sanitary sewer service to this site will be via an extension from the existing line in Magic View Drive. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerlines. 3.9 Water service to this site will be via extension of the existing main in Magic View Drive. Applicant shall be responsible to construct the water mains to and through this proposed development. ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DECISION AND ORDER FOR CITY COUNCIL - 9 • i Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3.10 Graphically depict proposed easements on the plat; Note 2 does not designate widths and is unclear. The property lines for the existing lot in Magic View Subdivision extend to the centerlines of the roadways; the road are currently easements. Revise the plat to show the appropriate existing property lines and dedication of the roadways as public rights-of-way. 3.11 The 20-foot width shown is not adequate for a driveway. Revise Lot 5, Block 1, to a minimum frontage of 30 feet. 3.12 Revise street names to conform to the requirements of the Ada County Street Name Committee (i.e:, add directional designations). 3.13 Add a note showing that all lots in this subdivision are subject to the terms of a development agreement recorded in the records of Ada County, Idaho. 3.14 The Registered Land Surveyor needs to stamp, sign and seal the preliminary plat. 3.1 S Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606B. 3.16 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- . 605M. The ditches to be piped should be shown on the plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department, No variances have been requested for tiling of any ditches crossing this project. 3.16 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DECISION AND ORDER FOR CITY COUNCIL - 10 • City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3.17 Coordinate fire hydrant placement with the City of Meridian's Public Works Department. 3.18 Indicate on the final plat map any FEMA floodplains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 3.19 Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is to remain a private owners association system, plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O & M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3.20 Show the master street drainage plan for the project, including method of disposal and approval from any affected drainage district. 3.21 Roadway and roadway approaches to be approved by the ACHD. 3.22 Off-street parking shall be provided in accordance with Section 11- -414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 3.23 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4. and 11-2-414.D.5. of the City of ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DECISION AND ORDER FOR CITY COUNCIL - 11 Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3.24 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. 3.25 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.26 Assessment fees for water and sewer service are determined during the building plan .review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 3.27 No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 3.28 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 3.29 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. All signage will be subject to design review. 3.30 Provide five-foot sidewalks within the development in accordance with City Ordinance Section 11-9-606.B. ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DECISION AND ORDER FOR CITY COUNCIL - 12 3.31 A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Revise the landscape plan to indicate what the landscaping symbols represent in relation to the plant schedule. The plant schedule to indicate 3" caliper minimum. 3.32 Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Worlcs Department. The Public Worlcs Department is in the process of determining detailed standards for lighting. 3.33 A public roadway is planned north of the proposed Idaho Power Credit Union; however, it is unknown at this time when the remainder of the public roadway needed to provide public access to the traffic signal on Eagle Road will be constructed. Future development in this area will need to have proper access to the traffic signal. ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DECISION AND ORDER FOR CITY COUNCIL - 13 .-z> 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 annexation and zoning 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 February 2, 1999. ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BENTLEY COUNCILMAN BIRD COUNCILMAN ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: MOTION: -- --~- APPROVED• ~~ VOTED ~. VOTED VOTED~% VOTED J~ VOTED ~+~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and Works D artment. g ~ Dated: ~~~ ~`~ City Clerlc msg\D:\MyFiles\Meridian City File\Findings3\P.nnexation and Zoning FF\Midvalley (TWO) Bus Park AZ FF for CC 5.4 acres.wpd ORDER APPROVING THE FINDINGS OF FACT RECEIV~~ AND CONCLUSIONS OF LAW AND THE DECISION AND ORDER FOR CITY COUNCIL - 14 FE 8 - 2 1999 CITY OF MERIDIAN the Public \ - ~- R~COROED- !JEST OF' P",^A CQtt~itY RE r, D£R DEVELOPMENT ~~- _ ~'::'i ~: ~'~ ~ ~ 0 I THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this I6~- day of ~jl~cal- , 1999, by and between CITY OF MERIDIAN, a municipal corporation the State of Idaho, hereafter called "CITY", and HUBBLE ENGINEERING, INC., an Idaho Corporation, hereinafter called "DEVELOPER", whose address is 9550 Bethel Court, Boise, Idaho 83709. 1. RECITALS: 1.1 WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 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 1.3 WHEREAS, CITY has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, DEVELOPER has submitted an application for annexation and zoning of the Property's described in Exhibit A, and requested a designation of General Retail and Service Commercial (C-Gl , 11-2-408 (11) (Municipal Code of the City of Meridian), with a conditional use permit and has submitted a site plan in connection with the development of the property, which site plan is subject to specified terms and conditions, has been recommended for approval by the Meridian Planning &. Zoning Commission to the Meridian City Council; and 1.5 WHEREAS, DEVELOPER made representations at the public hearings both before the Meridian Planning SL Zoning Commission -and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT PAGE MIDVALLEY BUSINESS PARK SUBDIVISION • 1.6 WHEREAS, record of the proceedings request f beforeetheion and zoning designation of the subion and ubsequdently before the Planning &. Zoning Commiss , City Council, include responses of ogo~en d a t pla di ng ons providing services within the City jurisdiction, and received further testimony and comment; and 1 ~ WHEREAS, City Council, the S``' day of January, 1999, has approved certain Order Approving the FiZon ns Commission and Conclusions of Law of the Planning and g Decision and Order, set forth in Exhibit Bas flset forth in fulld, hereto and by this reference incorporated hereinafter referred to as (the "Findings ); and 1 g V~IHEREAS, the "Findings" require the DEVELOPER enter into a development agreement before the City noduncil takes final action on annexation and zoning designation, a 1.9 WHEREAS, DEVELOPER deems it and acknowledges that this be able to enter into this Agreement Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS ~ CITY requires the Du Vos O ns R ng hat theo a development agreement for the p rp property is developed and the subsequent use of "the Property" is in accordance with the terms a edri establ~ hedf asha result of development agreement, herein b evidence received by the City in the pr nt did ~S°ons providing and zoning designation from governm services within the planning jurisdictiot nand zoninf g desdignation property owners and to ensure annexa is in accordance with the ComprehensiveOPdl n nce #629, January Meridian adopted December 21, 1993, 4, 1994, and the Zoning and Developmen e0a anance codified in Title 11, Municipal Code of the City of M PAGE 2 DEVELOPMENT AGREEMENT MIDVALLEY BUSINESS PARK SUBDIVISION 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. USES PERMITTED BY THIS AGREEMENT: 3.1 The uses allowed pursuant to this Agreement are those uses allowed under CITY's Zoning Ordinance General Retail and Service Commercial (C-G) codified at section 11-2-408 (11) Municipal Code of the City of Meridian. 3.2 DEVELOPER agrees that this Agreement specifically allows only the uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and which uses are specifically incorporated herein. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4. DEVELOPMENT IN CONDITIONAL USE: DEVELOPER 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 any. buildings or improvements on the Property that require a conditional use permit. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBTECT PROPERTY: 5.1 DEVELOPER shall develop subject Property including the obtainment of the appropriate permits and compliance with CITY ordinances regarding the building permits and other life safety codes applicable to such development in accordance with the following special conditions: 5.1.1 That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit A, DEVELOPMENT AGREEMENT PAGE MIDVALLEY BUSINESS PARK SUBDIVISION r: construct a commercial subdivision as specified on the preliminary plat of Midvalley Business Parlc Subdivision. 5.1.2 All uses allowed in the General Retail and Service Commercial (C-G) zone can only be developed and allowed pursuant to the rules and regulations and ordinances of the City by conditional use permit as a planned development unless the use is provided for in this agreement without conditional use permit as set forth in Section 6.1 of this agreement. All development upon the real property, which is the subject of this agreement, shall be subject to design review by the "City". 5.1.3 Sanitary sewer service to this site will be via an extension from the existing line in Magic View Drive. ,Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerlines. 5.1.4 Water service to this site will be via extension of the existing main in Magic View Drive. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. 5.1.5 Graphically depict proposed easements on the plat; Note 2 does not designate widths and is unclear. The property lines for the existing lot in Magic View Subdivision extend to the centerlines of the roadways; the roads are currently easements. Revise the plat to show the appropriate existing property lines and dedication of the roadways as public rights-of-way. 5.1:6 .The 20-foot width shown is not adequate for a driveway. Revise Lot 5, Bloclc 1, to a minimum frontage of 30 feet. DEVELOPMENT AGREEMENT PAGE 4 MIDVALLEY BUSINESS PARK SUBDIVISION • 5.1.7 Revise street names to conform to the requirements of the Ada County Street Name Committee (i.e., add directional designations). 5.1.8 Add a note showing that all lots in this subdivision are subject to the terms of a development agreement recorded as in the records of Ada County, Idaho. 5.1.9 The Registered Land Surveyor needs to stamp, sign and seal the preliminary plat. 5.1.10 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606B. 5.1.11 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605M. The ditches to be piped should be shown on the plat. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 5.1.12Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.13 Coordinate fire hydrant placement with the City of Meridian's Public Worlcs Department. 5.1.14Indicate on the final plat map any FEMA floodplains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 5.1.15Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa SL Meridian Irrigation District. If the system is to remain a private owners association system, plans and DEVELOPMENT AGREEMENT PAGE 5 MIDVALLEY BUSINESS PARK SUBDIVISION c: specifications shall be reviewed by the Public Worlcs Department as part of the development plan review process. A draft copy of the pressurized irrigation system O Sz M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5.1.16Show the master street drainage plan for the project, including method of disposal and approval from any affected drainage district. 5.1.17 Roadway and roadway approaches to be approved by the ACRD. 5.1.18 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 5.1.19 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4. and 11-2- 414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5.1.20A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. If any surface drainage leaves the site, the Nampa Sz Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. 5.1.21 All construction shall conform to the requirements of the Americans with Disabilities Act. DEVELOPMENT AGREEMENT PAGE 6 MIDVALLEY BUSINESS PARK SUBDIVISION 5.1.22Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these. assessments, water and sewer "Late Comers" fees will be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 5.1.23 No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 5.1.24 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 5.1.25A11 signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. All signage will be subject to design review. 5.1.26Provide five-foot sidewalks within the development in accordance with City Ordinance Section 11-9-606.B. 5.1.27A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Revise the landscape plan to indicate what the landscaping symbols represent in relation to the plant schedule. The plant schedule to indicate 3" caliper minimum. 5.1.28Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Worlcs Department. The Public Works Department is in the process of determining detailed standards for lighting. 5.1.29Public roadway is planned north of the proposed Idaho Power Credit Union; however, it is unknown at this time DEVELOPMENT AGREEMENT PAGE 7 MIDVALLEY BUSINESS PARK SUBDIVISION when the remainder of the public roadway needed to Provide public access to the traffic signal on Eagle Road will be constructed. Future development in this area will need to have proper access to the traffic signal. 5.1.30A development agreement is required as a condition of annexation to insure that the development considerations herein found reasonable are enforced. 6. SPECIAL CONDITIONS: DEVELOPER agrees to the following special conditions and development requirements. 6.1 CONDITIONAL USE PERMITS: DEVELOPER acknowledges and agrees that only the following listed principal permitted uses shall be allowed on this property without conditional use permit approval, subject to compliance with design standards within the Municipal Code of the City of Meridian and the specific special conditions in the development agreement. a. Accounting Services; b. Administrative Services; c. Bakery Stores; d. Banks or other Financial; e. Clinics (Medical, Dental SL Optical); f. Hotels; g. Motels; h. Professional &. Sales Offices; i. Publishing Sz Printing Facilities (small); j. Restaurants; k. Retail Stores; 1. Veterinary Clinics SL Hospitals; DEVELOPER acknowledges and agrees that all other uses not specifically listed above will be required to submit to the CITY an application for Conditional Use pursuant to § 11-2-418 of the Municipal Code of the City of Meridian or any amendments or recodificiations thereof, and obtain the CITY's approval thereof, prior to ,and as a condition of, the commencement of construction of any buildings or improvements on the Subject Property intended for retail or other uses, it being acknowledged that DEVELOPER has submitted an application for a DEVELOPMENT AGREEMENT PAGE 8 MIDVALLEY BUSINESS PARK SUBDIVISION ~ ~ Conditional Use Permit for the development of a professional office building on Lot #1, which application has been approved subject to the execution of the Development Agreement and the annexation of the Subject Property. 6.2 LANDSCAPING: DEVELOPER agrees to provide a twenty foot (20') landscaping buffer along the entire western boundary of Lots 1, 4 and 5 of the subdivision and an eight foot (8') landscaping buffer along the entire northern and eastern boundary of Lots 1,2,3, and 4 of the subdivision upon their development. In addition, each individual lot, when developed, shall provide for a minimum of ten percent (10%) of the total developable area as open space landscaping. All landscaping provided shall meet the specific requirements of §§ 11-9-607 (5) and 11-9-607(6) of the Municipal Code of the City of Meridian. Landscaping shall be maintained by each individual lot owner. The developer of each lot within the subdivision shall submit a detailed landscaping plan to the City of Meridian for review prior to development. 6.3 LIGHTING: DEVELOPER agrees that each lot within the subdivision, upon development, shall be subject to the specific requirements of §11-2-414D(3) of the Municipal Code of the City of Meridian pertaining to Lighting Design Standards for Off-Street Parking. The developer of each lot within the subdivision shall submit a detailed lighting plan to the City of Meridian for review prior to development. 6.4 FENCING: DEVELOPER agrees to construct a six foot (6') high screening fence along the entire western boundary of Lots 1, 4 and 5 of the subdivision. The maintenance and upkeep of the fence shall be the responsibility of the established property owners association. Once the property to the west is developed as a commercial use, each lot owner in this subdivision may negotiate the removal of the fence with the property owner(s) to the west. The construction of the fence shall be subject to the specific requirements of § 11-9-605 of the Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT PAGE 9 MIDVALLEY BUSINESS PARK SUBDIVISION 6.5 PARIQNG: DEVELOPER agrees that each lot within the subdivision, upon development, shall be subject to the specific requirements of §11-2-414 of the Municipal Code of the City of Meridian pertaining to Off-Street Parking. The amount of off-street parking spaces required will be subject to the Schedule of Parking Space Requirements established in §11-2-414(E) of the Municipal Code of the City of Meridian and based on the type of use for each lot in the subdivision. The developer of each lot within the subdivision shall submit a detailed parking plan to the City of Meridian for review prior to development. 6.6 SIGNAGE: DEVELOPER agrees that the location and placement of all signs on each lot are subject to the regulations set forth in the Uniform Sign Ordinance as adopted in § 11-2-415 of the Municipal Code of the City of Meridian, Detached, freestanding signs shall be limited in height to ten feet (10') for each lot within the subdivision. The developer of each lot within the subdivision shall submit a detailed sign plan to the City of Meridian for review prior to development. 6.7 MERIDIAN ORDINANCES: DEVELOPER agrees that, upon development, each lot owner within the subdivision shall develop their lot in a manner that meets all requirements of the Municipal Code of the City of Meridian. Specifically, the developer shall adhere to building setbacks, height restrictions, design criteria and allowed uses for the C-G zone. 7. INSPECTION: DEVELOPER shall, immediately upon completion of any portion or the entirety of said development of the Property, 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. 8. COMPLIANCE PERIOD! CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the DEVELOPMENT AGREEMENT PAGE 10 MIDVALLEY BUSINESS PARK SUBDIVISION zoning designation reversed, upon failure of DEVELOPER or DEVELOPER's heirs, successors, assigns, to comply with the commitments contained herein within two (2) years, and after complying with the notice and hearing procedures as outlined in § 67- 6509, Idaho Code, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall occur unless CITY provides written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of such notice. The two (2) year period of time for compliance may be extended by CITY for just cause and upon notification for such by DEVELOPER, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. 9. REOUIREMENT FOR RECORDATION: CITY shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPER'S cost, and submit proof of such recording to DEVELOPER, 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. 10. ZONING: CITY shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. DEFAULT 11.1 In the event DEVELOPER, DEVELOPER's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connections with the Property, this Agreement may be modified or terminated by the CITY upon compliance with the requirements of the Zoning Ordinance. 11.2 A waiver by CITY of any default by DEVELOPER of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights DEVELOPMENT AGREEMENT PAGE 11 MIDVALLEY BUSINESS PARK SUBDIVISION or remedies of CITY or apply to any subsequent breach of any such or other covenants and conditions. 12. REMEDIES. This Agreement shall be enforceable in any court of competent jurisdiction by either CITY or DEVELOPER, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that CITY and DEVELOPER shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time within such failure may be cured shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. - 13. SURETY OF PERFORMANCE: The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure that installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 14. CERTIFICATE OF OCCUPANCY: That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and DEVELOPER have entered into an addendum agreement stating when the improvements will be completed DEVELOPMENT AGREEMENT PAGE 12 MIDVALLEY BUSINESS PARK SUBDIVISION • in a phased developed; in any event, no Certificate of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 15. ABIDE BY ALL CITY ORDINANCES: That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his 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. 16. 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: c/o City Engineer City of Meridian City 200 E. Carlton. Suite 101 Meridian, ID 83642 DEVELOPER: Hubble Engineering, Inc. c/o Bill Johnson 9550 Bethel Court Boise, Idaho 83709 with copy to: City Clerlc City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. Attorne~ees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract DEVELOPMENT AGREEMENT PAGE 13 MIDVALLEY BUSINESS PARK SUBDIVISION • between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. 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. 19. 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 each 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, to execute appropriate and recordable evidence of termination of this Agreement if CITY, in its sole and reasonable discretion, had determined that DEVELOPER has fully performed its obligations under this Agreement. 20. 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 therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER's development of the Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties from any obligations hereunder. 21. Final Agreement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between DEVELOPER and CITY relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between DEVELOPER and CITY, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or DEVELOPMENT AGREEMENT PAGE 14 MIDVALLEY BUSINESS PARK SUBDIVISION ~~ • their successors in interest or their assigns, and pursuant, with respect to CITY, to a duly adopted ordinance or resolution of CITY. 21.1 No condition herein provided can be modified or amended in connection other than as provided for herein and after public hearing by the City Council, in accordance with the notice provisions provided for zoning designation or amendment under enforcement at the time. 22. 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 Clerlc. DEVELOPMENT AGREEMENT PAGE 15 MIDVALLEY BUSINESS PARK SUBDIVISION • ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as herein above provided. HUBBLE ENGINEERING, INC. an Idaho Corporation B BY: Attest: ~c~. ~ . ~ BY RESOLUTION NO. CITY OF MERIDIAN ~/ ~ BY: ay r Robert D. Corrie Attest: City Clerk BY RESOLUTION NO. DEVELOPMENT AGREEMENT .PAGE I6 MIDVALLEY BUSINESS PARK SUBDIVISION STATE OF IDAHO ) ss COUNTY OF ADA ) On this ~ a day of ~~-- - r in the year ~~~ g , before me, fir, ~ ~ -Cam,-.,~-~-~ otary Public, personally appeared ~-r- -' - and , of Hubble Engineers ,Inc., known or identified to me to be the ~- and C~,,e~ ~~~.~. «~ c~;~ sf said Hubble Engineering, Inc., Ada County, to of Idaho, and also who executed the instrument or the person that executed the instrument on behalf of said Hubble Engineering, Inc., and acknowledge to me having e~~ttt~Y4l~same. ~.~~_ a ~ • Nom. _ ~i ~pTq~~, ~. = seo® o~e ~ % pUBL1G •,'~~~ No ry Public for Idaho Commission expires: ~~q~~o~- STATE OF ID~IO ) ss COUNTY OF ADA ) On this ~ day of - r ~ in the year I~ before me ~n ge. I ~~ 1 r~S , a otary Public, personally appeared Robert D. Cor and William G. Berg, known 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 on behalf of said City, and acknowledged to me that such City executed the same. (S ~ L~~ ~ ~'' ' ~ ' ' ' ~ ..~J + ~'ti .~. • T ~~ ~ I' 's *, ~ ~. . ~' 1'UBL1G S ,,,~''~~E OF Z~A~, ~''• ~~~ota~e~ns~~~~~ DEVELOPMENT AGREEMENT MIDVALLEY BUSINESS PARK SUBDIVISION Nota Publi for Idaho Commission expires: ~~~/ PAGE 17 • CONSENT RESOLUTION OF HUBBLE ENGINEERING, INC. THE UNDERSIGNED, being the sole director and stockholder of HUBBLE ENGINEERING, INC., an Idaho Corporation, does hereby take and authorize the following corporate action, without a meeting in accordance with the general corporation laws of the State of Idaho and the constituent documents for the Corporation. WHEREAS, the Corporation is required in the processing of the entitlements for development of the Mid Valley Business Park to execute certain documents with the City of Meridian; WHEREAS, the undersigned believes the actions authorized hereunder on behalf of the Corporation are in its best interests and are in accordance with the purposes, philosophy and history of the Corporation; NOW, THEREFORE, the following corporate actions are hereby authorized; 1. RESOLVED, the following persons, in their capacity as officers of the Corporation, are hereby authorized to execute all documents, including but not limited to the Development Agreement, with the City of Meridian pertaining to Mid Valley Business Park: E. Don Hubble, President Barry K. Teppola Secretary and Chief Financial Officer 2. RESOLVED, FURTHER, that the Corporation hereby indemnifies the officers of the Corporation and holds them harmless of any claim, losses or damage that they may incur as a result of their capacity as officers of the Corporation in execution of any and duties therein. 3. RESOLVED, FURTHER, that any person or entity can rely upon the foregoing upon presentation of a copy (or extract hereof) of this Resolution certified by the President, Secretary or an Assistant Secretary of the Corporation. IN WITNESS WHEREOF, the undersigned has signed this Consent Resolution authorizing the foregoing corporate action effective as of the 10th day of February, 1999. E. Don Hubble Sole Director & Stockholder E:\WORD\HEI\CONSENT . ~ • EXHIBIT A Legal Description Of Property DESCRIPTION FOR LOT 10 OF AMENDED MAGIC VIEW SUBDIVISION Lot 10 of Amended Magic View Subdivision as recorded in Boolc 52 of Plats at Pages 4445 and 4446, records of Ada County, Idaho, located in the SE 1/4 of the NE 1/4 of Section 17, T.3N., R.1 E., B.M., Ada County, Idaho more particularly described as follows: Beginning at the northwest corner of said Lot 10; thence along the exterior boundary line of said Lot 10 the following courses: South 83°11'15" East, 230.88 feet; thence South 83°21'41" East, 64.86 feet; thence South 00°22'58" East, 611.1 l feet; thence North 84°41' 13" West, 473.05 feet; thence North 16°03'06" East, 626.61 feet to the Point of Beginning, containing 5.40 acres more or less. EXHIBIT "A" TO DEVELOPMENT AGREEMENT MIDVALLEY BUSINESS PARK SUBDIVISION EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of A~Froval EXHIBIT "A" TO DEVELOPMENT AGREEMENT MIDVALLEY BUSINESS PARK SUBDIVISION MERIDIAN CITY COUNCIL MEETING: FEBRUARY 16, 1999 APPLICANT: RUBBLE ENGINEERING ITEM NUMBER: 2 REQUEST: DEVELOPMENT AGREEMENT FOR MIDVALLEY BUSINESS PARK AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 2/2/99 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: SEE ATTACHED AGREEMENT & RESOLUTION ~PS°~'~ ~ v~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~ ~ Meridian City Council Meeting February 2, 1999 Page 15 Bird: I second it. Corrie: Motion by Mr. Bentley second by Mr. Bird that we accept the Findings of Fact and Conclusions of Law of the annexation and zoning of Midvalley Business Park with the exception of dropping item 1.14 from the Findings and Facts. Any further discussion? Rountree: Mr. Mayor does that version of the Findings of Facts that you're referring to Mr. Bentley also include a provision that all conditional use permit -all processes or activities in there be subject to a conditional use permit? Maybe Mr. Gigray can answer that. Bird: I'll pass to Mr. Gigray. I think he can answer that. I think that comes under the development agreement, don't it Charlie? Rountree: Well if it's in the Findings of Fact - Gigray: Mr. Mayor and members of the .Council, with your permission and if you want to put it on the record that if you want to decide the issue on the development agreement and then direct me to revise the Findings in accordance with your decision on all of those, we'll make sure that's all done, because that is something that I have to go back through all of that and take out in accordance with your decision making, and what I. would do is this is a safety valve is we will revise all these and then they'll be back before you at the next Council meeting. Although you've already taken the action tonight. Rountree: We could move forward with Mr. Bentley's motion and then after we talk about the development agreement if we want to revise the findings to reflect that. Okay. Corrie: Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 5. DEVELOPMENT AGREEMENT FOR MIDVALLEY BUSINESS PARK SUBDIVISION: Corrie: Any other comments from staff? Any comments from Council to staff? Rountree: I have no questions, but I do have a comment. I still have some concerns with some uses that are listed in the revised agreement that's been presented to us. 6.1, the commercial laundries and wholesale facilities. The remainder of those I think are defined well enough that we can probably apply the rest of the signing getting body language and hand signals, that that's probably okay. I'm not going to go any further. Meridian City Council Meeting February 2, 1999 Page 16 Corrie: Mr. Rountree what was the - Rountree: Commercial laundries and wholesale facilities, item G and item N on the list in 6.1. Gigray: Mr. Mayor and Councilman Rountree, the way I would propose to revise some of the language will take care of that too so we won't have to worry about the fact that that might be permitted under the ordinance otherwise, so this will work real well. Rountree: Okay. Corrie: Any further discussion? Bentley: I have a question for the rest of the Council. Item 6.7 where it states developer agrees upon development each lot owner within the subdivision shall develop their lot in a manner that meets all requirements of the Meridian City ordinance, specifically the developer shall adhere to building setbacks, height restriction, design criteria and allow uses for the C-G zone. Should we have some kind of review with the Planning and Zoning? Well the wording to me just if you think you're okay you go ahead with it. Corrie: (Inaudible) I think that it says meets all requirements of Meridian Zoning Ordinance, but they specify particularly those. I mean it's up to you. Bentley: But that is my point. Is this vague enough? Mr. Gigray? Gigray: Mr. Mayor and Councilman Bentley, I would point out a proposal a revision of section 5.12, which I believe is page 4 of the proposed development agreement as provision and I would modify it a little bit but it would say those uses specified in section 6.1 herein will not be required to have a conditional use permit, but shall be subject to design review by the City of Meridian. Bentley: That would make me feel better. Gigray: But that was their proposal. Bentley: That answers my question. Thank you. Corrie: Any further discussion? Okay I will entertain a motion on the development agreement for Midvalley Business Park Subdivision. r ~ MERIDIAN CITY COUNCIL MEETING; FEBRUARY 16 1999 ITEM NUMBER: 4 APPLICANT: HUBBL ENGI ERI G REQUEST: ANNEXATION & ZONING ORDINANCE #810 FOR MIDVALLEY BUSINESS PARK AGENCY CITY CLERK: 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: INTE~tMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED MINUTES FROM 2/2199 SEE ATTACHED ORDINANCE B~~ OTHER: All AAaterials presented at public meetings shall become properly of the City of Meridian. t + Meridian City Council Meeting February 2, 1999 Page 8 getting a little bit old after a while. I think we're okay now and I think at some point that issue could raise its head. Bird: Mr. Mayor I think we had a letter before the last Council meeting that was from this Mr. Ruddell that was entered into the record. Am I not right? So would this correspondence -shouldn't this also be entered into it? Rountree: Mr. Mayor, I guess my response to that Mr. Bird would be that the letter we received at the last meeting was specifically directed as input into the hearing. This one seems to me is just general interest to the Mayor and City Council as to where this particular individual stands on the issue. I would not be in favor of entering it into the record unless he so indicated. Gigray: You should for the record, Mr. Mayor and members of the Council, if you choose not to include it in the record I would also recommend that you make a statement that it will not be considered for any purposes in the decision of this matter so it's clear. Rountree: That's fine. I don't have a problem with that. Corrie: Any further discussion? Bird: I have none. Corrie: Hearing none, I'll entertain a motion. Rountree: Mr. Mayor I move that one, we continue the hearing on item number three Meridian Joint School District No. 2 request for the west side of Eagle Road and that the letter received January 29th to the Mayor and City Council not be accepted into the record nor be used for any decision as it relates to this particular item. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to continue the public hearing until the 16th of February without receiving the letter that was given to the Mayor and City Council by Mr. Ruddell. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. 4. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING FOR MIDVALLEY BUSINESS PARK SUBDIVISION BY NUBBLE ENGINEERING - NW OF EAGLE ROAD/I-84 INTERCHANGE, WEST OF TEXACO. d • Meridian City Council Meeting February 2, 1999 Page 9 Corrie: At this time I will open the public hearing and request comments from staff. Hawkins-Clark: Mayor, Councilmen, as you know this application there's three different components to it really. The annexation, development agreement and a conditional use permit. At your January 5 meeting, you continued the public hearing for annexation really for the purpose of review staff and the applicant, Hubble Engineering, the requirement that was in the conditions that the conditional use permit be required for each of the subsequent lots in this subdivision. Other than the primary lot that would be built on, there would be I believe four vacant lots, and to my understanding Shari Stiles has not had the opportunity to review the development agreement which was drafted by Mr. Gigray and then followed it was reviewed and comments were made to that development by the applicant. Since one of your requirements was to have staff meet to talk this over with the applicant and Shari due to a family illness has not been able to do so. I think the staff position right now is to really hear from the applicant at this time and allow some dialog to take place regarding this specific condition about the subsequent conditional use permits being required on those lots that are going to be vacant. Corrie: Is a representative from Hubble Engineering here tonight? Nickel: Mr. Mayor and members of the Council nice to see you again. For the record Shawn Nickel from Hubble Engineering, 9550 Bethel Court in Boise. I just found out this afternoon that Shari has not yet reviewed that development agreement. I did submit that to her last week and also to the City Attorney and I actually met with Mr. Gigray and we sat down and reviewed it briefly. I would like to go forward with the discussion on the development agreement even though I do understand that Shari didn't get a chance to review it. I feel that I have tried to meet the requirements that she wanted put into the development agreement that it would allow the city to feel comfortable with taking out those conditional use requests for those remaining four lots in our subdivision. If you were to table it for another two weeks, we're running out of time in getting our building permits. We're trying to break ground April 1St. As you know we've been working on this going on six months now, and I do have a packet here that I would like to pass out to you that has copies of your minutes from our December 15tH meeting and within those minutes are some comments that Shari had regarding the development agreement containing that type of component that I've highlighted for your review that I would like to go over with so if I could pass these out. Before I begin, Bill did you have any comment or are we going to go ahead with the public hearing? Corrie: Yes we are. Nickel: Thank you Mr. Mayor. I guess what we're here for tonight is just kind of some housekeeping because you did approve on December 15th the annexation and rezone request along with the preliminary plat and the conditional use permit for our office • Meridian City Council Meeting February 2, 1999 Page 10 building. As I stated we submitted this application back in September of '98. In October P & Z made a recommendation. In November the P & Z adopted their Findings. December 15th the City Council heard and approved those applications. One of my requests was to remove the conditional use requirement for the remaining four lots in our subdivision. That was tabled until January after the holidays to allow myself and staff time to come up with a developer agreement. Because of the time constraints with the holidays, we were unable to do that so we tabled it to tonight's meeting and renoticed it. We posted the site again in order to open it up so we could review it tonight. There was two issues that I wanted to go over tonight. The one was the conditional use issue and the other one was back on December 15th meeting, I also brought up the Planning and Zoning Commission's request to place a condition on our application that prior our occupying our building that that new road would be constructed connecting Allen Street with Eagle Road. I do have a copy of the minutes in that packet and as you -one of the Councilmen's motion and then it was seconded that that condition be removed from the conditional use permit. I'm just bringing this up at this time because I notice that it is still one of the conditions. If you look on page two of my packet, that 1.14 condition in the Findings of Fact that's still part of that document. I just want to make sure that that is removed because that is something that you already agreed would be removed. Then my second issue is with the conditional use permits being removed from the developer agreement or being mentioned in the developer agreement and removed from the Findings of Fact. On page I guess starting on page number 10 of my packet is the resubmitted developer agreement that I did put into the outline that I got from Mr. Gigray as to the type of form that he wanted to see the developer agreement so we scanned that and put it in his form. On page 13, page 15, and then again on page 17 I have red lines in there and those are the requested changes to the developer agreement that we're proposing that we feel is appropriate to give the city a level of comfort in granting our request to remove the conditional use requirements for those remaining lots. If you look back on page number 4 of the minutes that I included in my packet, one of Ms. Stile's comments regarding the developer agreement was that it contained that tie down the development particularly with signage, landscaping and access, and I have done that in the developer agreement that you have in front of you tonight. I've also placed requirements on landscaping, parking, signage, fencing, lighting. All of those we are agreeing that we will go through a design review with the city. Corrie: Excuse me Shawn, do you have another copy that we can get to grab? Nickel: I don't. I'm sorry. Bentley: Go ahead and let Gary look at one. Nickel: Basically what I'm saying in this developer agreement is that we the developer agree that those 15 uses that I have listed A-N, which are listed as principle permitted • • Meridian City Council Meeting February 2, 1999 Page 11 uses in the C-G zone be exempt from the conditional use requirements that are part of the Meridian Comprehensive Plan. Any other use in the C-G zone that currently requires a conditional use permit would obviously go through the proper procedures through the City of Meridian. Further down as I get into landscaping, lighting, fencing, parking, signage, I've included a gaviot in each of those requiring us as the developer or anyone we would sell those lots to provide the City of Meridian with a detailed plan prior to development and that way the City could review for compliance with the city ordinance. Then my last addition 6.7 Meridian ordinance states that the developer agrees upon the development each lot owner within the development shall develop their lot in a manner that meets all requirements of the Meridian Zoning Ordinance specifically the developers shall adhere to the building setbacks, height restrictions, design criteria and allowed uses in a C-G zone. So we feel that we met the intent of what Shari was wanting to see as far control over those uses, and we would request that you tonight grant our approval of the developer agreement as we have submitted and also that we get the ordinance for the annexation approved this evening and move ahead with approval of the conditional use permit so we can get started on our development. I would also ask that if possible we could waive the three reading rule. I'll stand for any questions you might have. Corrie: Any questions from Shawn? Bentley: I have some for staff. Corrie: Anyone else wish to testify in favor of this? Anybody want to testify in opposition at this time? Barns: Mayor and Council, Bob Barns, 2855 Magic View Drive, adjoining lot to the Hubble project. I guess really all I had was a question but I don't know how to get an answer other than come and talk. My question was with Shawn and the fencing thing and that's part of the conditional use that you're discussing right now and having a lot adjoining them, I just need to know what's going on. Corrie: Okay we'll find out for you. Barns: And that was my only thing of any question other than I think it's a great project and we support it and would just like to know how we fit in here as far as neighbors. Corrie: Okay, thank you Bob. Anyone else wish to testify? Okay Shawn would you like to come up and answer that question for us. Nickel: Mr. Mayor I can address Mr. Barn's question. Starting on page 18 of my packet under the developer agreement, excuse me page 17, 6.2 landscaping. I'll read that for the record and for Mr. Barns. "The developer agrees to provide a 20 foot landscape t r Meridian City Council Meeting February 2, 1999 Page 12 buffer along the entire western boundary of lots 1, 4 and 5 of the subdivision." That would be the boundary that we have in common with Mr. Barn's property which he is next to lot 5. We are providing a 20 foot wide landscape buffer to meet the Meridian landscape requirements and then on page 18 of my packet under 6.4 for fencing, the developer agrees to construct a six foot high screen fence along the entire western portion of lots 1, 4 and 5 of this subdivision. Maintenance and upkeep of the fence shall be the responsibility of the established property owners association. Then I've also included once or it could also read if and when the property to the west is developed as a commercial use, each lot owner in the subdivision may negotiate the removal of the fence with the property owners to the west. Then the construction of the fence shall be subject to the specific requirements of title 9, 605 of the Meridian Zoning ordinance, so that's how we've addressed the issue with Mr. Barn's property. Corrie: Let the record show that I got a thumbs up from Mr. Barns. Thank you Bob. Okay questions to staff. Bentley: Gary and Brad, I know this is kind of short for you. On his page 17 where it list the approved conditions for the special conditions for the development where they have A-N listed. How does that appear to you as far as compliance with the proper uses? Hawkins-Clark: This is by recollection only. I don't believe we have the schedule of use control here, but each of those is (End of Tape) Hawkins-Clark:... listed as stated in the agreement that they are permitted uses outright in the C-G zone, and so without a change or an amendment to the zoning ordinance of the schedule of use control this would be a standard guideline for any development there whether it was part of the subdivision or not. Bentley: Thank you. Do you have any comments on this Gary? Smith: No, I don't. Bentley: Thank you. Bird: I'd like some comments from Mr. Gigray regarding this. He is probably the most familiar. He's looked it over more than any of us. Corrie: Mr. Gigray. Gigray: Mr. Mayor and members of the Council, I would like to acknowledge that Shawn Nickel has called me a number of times and we did have a meeting and he did go over with me what his proposal was on behalf of his client, Hubble Engineering, and I appreciated the fact that he used our form and then he has red lined so you know • Meridian City Council Meeting February 2, 1999 Page 13 exactly what proposed changes they would like to make. And I found that very helpful too in working with him. I think the issue is a simple one here. That is I think you have to decide whether or not if you should grant their requested annexation and zoning, that the development agreement would provide that they would not have to get conditional use permits if they use - if the developer of those other lots proposed to put in any kind of development that had the type of use that specified in the revised section 6.1. If you go with what their position is as I understand it then you would adopt and we would have to look at our findings and then we would have to revise this development agreement to provide for this provision. If you go as I understood it with the recommendation of the Planning and Zoning Administrator to require conditional use permits as we originally drafted this for the other one, I think for all of those lots and I think his position is stated to me that their concern was that their lots are less sellable and maybe of less value if a buyer has to buy it knowing that they have to get a conditional use permit granted before they can develop on it as opposed to marketing it and saying that you can develop it with these uses subject to these other conditions without a conditional use permit with staff review and I think staff review is another provision in this development agreement that they've asked for. My position on this would be certainly we do whatever the Council desires to do. There would be some minor language changes that I would propose in a final draft of this document that are more housekeeping type things rather than major issues, and I don't think we'd have any problem working with them on those. If you decide to accept their recommendation, what I will need from a staff standpoint would be to have you go ahead and move on the Findings of Fact and Conclusions of Law because you haven't adopted those yet. You could then proceed because the other thing we did and we have before you I believe on the subsequent agenda item is a draft ordinance which we have I believe approval from Public Works now on the legal description and do a first reading on that. But I would not recommend that you pass the ordinance until you have a signed development agreement which has been my recommendations in the past. We could have the revised development agreement before you at the next Council meeting so that could be acted on at that time and then you could proceed to finish the annexation. The conditional use permit you could continue the public hearing or have the public hearing on it now because I think it's also scheduled as a later agenda item. But my recommendation on the conditional use permit is that you should not take final action on the conditional use permit until the annexation ordinance is passed and is published and is logged because they are not legally subject to your ordinances for the granting of the conditional use permit until that has occurred, and so I think the main issue here is I heard it posed by Shawn Nickel from Hubble Engineering as timing, and that would be my recommendation in terms of how you would proceed on the procedure. How you choose to go about either going with the conditional use permit or going with their proposal. It's a matter of your own discretion at this point, and we can work with the language either way. • • Meridian City Council Meeting February 2, 1999 Page 14 Corrie: For clarification Mr. Gigray we need to do the Findings of Fact and Conclusions of Law on the annexation and zoning or we didn't already do that? Gigray: As I understood the record as I reviewed it for this meeting, a question came up at the last time this was held that there was a dissatisfaction with one of the findings that was in there and there was an issue about whether or not this would have to take more input in the public record in order to deal with that and so you accepted my recommendation to open this back up for a public hearing so no final action has been taken on that yet. And this allowed you to take this additional testimony this evening on this issue. Corrie: Just wanted to make that part of the record. Gigray: It's kind of confusing. I can understand. Corrie: Okay hearing no more testimony I'll entertain a motion to close the public hearing. Bentley: So moved. Anderson: Second. Corrie: Motion made by Mr. Bentley second by Mr. Anderson to close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: You've heard the Counselor's recommendation. Gigray: Mr. Mayor and members of the Council, thank you Mr. Mayor. While you're deliberating on this if you should choose to change -you have before you a draft Finding. You can accept those as they are. I believe the request was to remove item 1.4. If you decide to vote to remove item 1.4 I will then revise those and have them for your approval at the next Council meeting and then we can go ahead at your direction on the development agreement, which is the next agenda item and have that ready for the following Council meeting and have it submitted for signature even before the Council meeting, and then if you've made decisions on that then you can move on to the agenda item of introducing the ordinance of annexation and doing the first reading. Bentley: Mr. Mayor I would move we approve the Findings of Fact and Conclusions of Law with the exception of item number 1.14 provision be on the Eagle Road access be dropped. .~ Meridian City Council Meeting February 2, 1999 Page 17 Rountree: Mr. Mayor I would move that we have City Attorney redraft the development agreement and submit it to the applicant for signature to be returned to the City for execution so we can move forward with the annexation. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird the motion. Any further discussion? (Inaudible) Bird: 6.1 Charlie, Gand - Rountree: Mr. Mayor that was the intent by the redrafting comment because Mr. Gigray had indicated to me that his proposed changes were going to take care of those, so if that's an error, I'll restate my motion. Corrie: Are you comfortable with that? Gigray: No, Mr. Mayor and Councilman Rountree, I'm very comfortable with that. I said if you take that action the other changes it will work just fine, but I didn't know whether or not that was your intention because you had mentioned those two and there had been no other comment and I didn t know whether the Council wanted to do that. Rountree: That was my intent. Gigray: Okay, thank you. Corrie: Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: So Mr. Gigray if you will do that and get back to us the next meeting. g. ORDINANCE #810 -ANNEXATION AND ZONING OF MIDVALLEY BUSINESS PARK SUBDIVISION: Corrie: Based upon Mr. Gigray's recommendatioconcluldes the f rs d ead ng of as a first reading. (ORDINANCE #810 WAS READ) That Ordinance 810. Bentley: Mr. Mayor I move we approve Ordinance #810 first reading. Bird: Second. • MERIDIAN CITY COUNCIL MEETING: FEBRUARY 2, 1999 APPLICANT: RUBBLE ENGINEERING ITEM NUMBER: 6 REQUEST: ORDINANCE #810 -ANNEXATION OF MIDVALLEY BUSINESS PARK AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 1/5/99 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: SEE ATTACHED ORDINANCE ~~ icy a ~. OTHER: All Materials presented at public meetings shalt become property of the City of Meridian. Meridian City Council January 5, 1999 Page 18 Findings of Facts on the annexation and zoning, the 5.4 acres and schedule that for the first meeting in February, which is February 2" . Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to have item number 8 be reopened at the public hearing for the Findings of Fact and Conclusions of Law to be given. The meeting would be February the 2"d, 1999. Any further discussion? Gigray: Just a point of information Mr. Mayor and members of the Council. I think all the clerk would need to do is just send notice of continued public hearing with the same notice he provided before. In other words, the application is the same. Nothing has changed there. There's no material change, but that notice will show that you will be receiving additional testimony at that point in time. Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye? MOTION CARRIED: All ayes. 9. DEVELOPMENT AGREEMENT -MIDVALLEY BUSINESS PARK SUBDIVISION: 10. ORDINANCE #810 -ANNEXATION AND ZONING OF MIDVALLEY BUSINESS PARK SUBDIVISION: Corrie: I'll entertain a motion for items 9 and 10. Bentley: Mr. Mayor, I move that we table items 9 and 10 concerning Midvalley Business Park development agreement and ordinance #810 until 2/2/99. Anderson: Second. Corrie: Motion made by Mr. Bentley second by Mr. Anderson -point of order Mr. Attorney, can we go ahead and do that by putting new Findings and Facts out before we do that? Gigray: Mr. Mayor and members of the Council I think it's a good idea to table it to a date certain. Whether or not we will be in a position to finalize all of those things at that point in time I don't know, but you can always table it back one more meeting and this kind of keeps it in attention, and I think it's probably a good motion. Corrie: Any discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. MERIDIAN CITY COUNCIL MEETING: JANUARY 5. 1999 APPLICANT: NUBBLE ENGINEERING ITEM NUMBER: 10 REQUEST: ORDINANCE #810 -ANNEXATION AND ZONING OF MIDVALLEY BUSINESS PARK SUB. AGENCY COMMENTS CITY CLERK: 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: ~~~ 2'~% 2' All Materials presented at public meetings shall become property of the City of Meridian. iI'~T~ ~~~~~~ • • MERIDIAN CITY COUNCIL MEETING: FEBRUARY 2. 1999 APPLICANT: RUBBLE ENGINEERING ITEM NUMBER: 5 REQUEST: DEVELOPMENT AGREEMENT - MIDVALLEY BUSINESS PARK AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 1/5/99 COPY OF AGREEMENT PREVIOUS SUBMITTED 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: ~~~ 1~ ~~~ ~~ Y~'a'~ OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. Meridian City Council January 5, 1999 Page 18 Findings of Facts on the annexation and zoning, the 5.4 acres and schedule that for the first meeting in February, which is February 2" . Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to have item number 8 be reopened at the public hearing for the Findings of Fact and Conclusions of Law to be given. The meeting would be February the 2"d, 1999. Any further discussion? Gigray: Just a point of information Mr. Mayor and members of the Council. I think all the clerk would need to do is just send notice of continued public hearing with the same notice he provided before. In other words, the application is the same. Nothing has changed there. There's no material change, but that notice will show that you will be receiving additional testimony at that point in time. Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye? MOTION CARRIED: All ayes. 9. DEVELOPMENT AGREEMENT -MIDVALLEY BUSINESS PARK SUBDIVISION: 10. ORDINANCE #810 -ANNEXATION AND ZONING OF MIDVALLEY BUSINESS PARK SUBDIVISION: Corrie: I'll entertain a motion for items 9 and 10. Bentley: Mr. Mayor, I move that we table items 9 and 10 concerning Midvalley Business Park development agreement and ordinance #810 until 2/2/99. Anderson: Second. Corrie: Motion made by Mr. Bentley second by Mr. Anderson -point of order Mr. Attorney, can we go ahead and do that by putting new Findings and Facts out before we do that? Gigray: Mr. Mayor and members of the Council I think it's a good idea to table it to a date certain. Whether or not we will be in a position to finalize all of those things at that point in time I don't know, but you can always table it back one more meeting and this kind of keeps it in attention, and I think it's probably a good motion. Corrie: Any discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ~~! • MERIDIAN CITY COUNCIL MEETING: JANUARY 5. 1999 APPLICANT: RUBBLE ENGINEERING ITEM NUMBER: 9 REQUEST: DEVELOPMENT AGREEMENT FOR MIDVALLEY BUSINESS PARK SUB. AGENCY COMMENTS CITY CLERK: ~ "b~E~ M ~~V~`S 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: (//~/~~ 'I All Materials presented at public meetings shall become property of the City of Meridian. ~ ~ ~ ~aq G ~~.~~- lv~~ Meridian City Council Meeting December 15, 1998 Page 20 8. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 5.4 ACRES FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION BY NUBBLE ENGINEERING - NW OF EAGLE ROAD / I-84 INTERCHANGE AND WEST OF EXISTING TEXACO: 9. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION BY RUBBLE ENGINEERING - NW OF EAGLE / I-84 INTERCHANGE AND WEST OF EXISTING TEXACO: 10. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND PARKING BY RUBBLE ENGINEERING - 621 ALLEN STREET, NORTH OF I- 84 AND WEST OF EAGLE ROAD: Corrie: So at this time I will open up the public hearing for items 8, 9, and 10. I invite a representative from Hubble Engineering to come forward. SHAWN NICKEL, RUBBLE ENGINEERING Nickel: Mr. Mayor and members of the Council, thank you for the opportunity tonight to speak in front of you. My name is Shawn Nickel. I'm a land use planner with Hubble Engineering, 9550 Bethel Court in Boise. With me tonight is Mr. Bill Johnson, an engineer with Hubble Engineering. He'll be available for any questions we might have regarding engineering of this project. Tonight we have three applications before you. An annexation and zone change, preliminary plat and a conditional use permit. The annexation and rezoning is of 5.4 acre parcel described as lot 10 of Magic View Subdivision. The zone change would be from R-T, which is rural transition, a county zoning designation to C-G, general retail service commercial. The zoning we request complies with the Meridian Comprehensive Plan which designates the area as mixed planned use development with the probable uses consisting of commercial, residential, office, medical and industrial uses. The annexation and zoning is compatible with existing land uses in the specific area referring to the existing Texaco convenient store, restaurant and the proposed hotel to the east of our project. The preliminary plat before you this evening consists of five lots on the 5.4 acres. Lot one is proposed to be 2.57 acres in size and will have direct access on to Allen Street. Lot one will be developed for Hubble Engineering's corporate office. Lots two through five will be developed with uses allowed in the C-G zone as they are sold off. Sewer and water is available to this property and will be provided to each of the lots. ACRD has reviewed the subdivision, and we will adhere to their requirements including dedication of right-of-way improvements on Allen Street and Magic View and extra impact fees required for the improvement of Allen Street Eagle Road connection. This subdivision plat complies with the Comprehensive plan and the subdivision ordinance. Finally the conditional use s ~ Meridian City Council Meeting December 15, 1998 Page 21 permit you have before you tonight is for the development of lot one, the 2.57 acre lot. It's on the south portion of our property and as I stated it will be developed for Hubble Engineering's corporate offices with an office building of 24,900 square feet and an accessory equipment garage. The site has been designed using the requirements of the Meridian zoning ordinance for lighting, landscaping, parking and signage. The construction will consist of a tilt up concrete type building, single story, a flat roof. The Planning and Zoning Commission has recommended approval at their last meeting for tonight of all three of the items. We are in support of the Planning and Zoning Commission recommendations on all three with the exception of two issues, which I would like to briefly discuss with you tonight. First of all we would like consideration for our written request to omit the requirement for individual conditional use permits on each of the remaining lots within the subdivision. That would be for principal permitted uses only as specified in the zoning ordinance. I submitted a letter to the Planning Director and the Planning and Zoning Commission on October 15th. Unfortunately the pubic hearing was closed at that time. I was unable to get that into the record. Also on December 10th I submitted a letter to the Council and also to the planning staff, which should be a part of your packet and I also just handed you another copy of that tonight. The Meridian Comprehensive Plan requires conditional use permits in this specific area mainly because of the gateway corridor to the City of Meridian on I-84 and Eagle Road. What we're requesting is for approval of not only our project on lot one but also of 14 specific principal permitted uses which I have included as part of the developer agreement. We have met with your planning staff on several occasions, and we both believe that we can handle this concern through the developer agreement. We have submitted the development agreement. You do you a copy of that in the packet I just gave you with the 14 specific -page 7 of the packet I just gave you. 14 specific uses that we would like to be exempt from the conditional use process. Once again let me reiterate that those are principal permitted uses that are allowed in the zone. Any conditional use requirement would go through the proper Planning and Zoning Commission approvals. We believe we can handle this through -once the lots are sold and a business is willing to locate there we are in agreement through our developer agreement to go through any type of design review, C C & R's or any other administrative review on those uses. I believe your staff is in agreement with the principals of what we are suggesting. I can stop right now and we can discuss that or I can go on to my second issue. Whatever is better for you. The second issue f'd like to bring up tonight is in regards to the conditional use permit that you have in front of you. While your Planning and Zoning Commission did recommend approval, there was one I don't want to call it a condition, but it was added to the Findings of Fact at the last meeting when they were adopting their Findings of Fact. The public hearing was already closed. In essence what that requirement was prior to my company occupying that lot one, Planning and Zoning felt that it was appropriate to place the requirement that the access road, the new access road, coming from Eagle and connecting to Allen Street be constructed prior to our occupancy. We would like this condition to be removed at this time. We cannot receive financing from the bank if such a condition as • • Meridian City Council Meeting December 15, 1998 Page 22 this. We have met with ACRD on several occasions and are in the process of working out some of the problems associated with that road. Mr. Sale is present tonight, and he can kind of update you on what's going on there. We have also talked to the owner of lot two which immediately to the north of our property. That lot is kind of the missing link to relocate that road down on Allen Street. I believe a representative is here tonight for that lot owner, and he can address some of the concerns and comments that we've gone through. We have agreed with ACRD to provide what they are calling an extra impact fee for our share of that road. We have no problem with paying that money. We also have proposed to ACHD to our company to provide the engineering for that road to help speed up the process, but we just can't live with that condition of not occupying until that road is built. One thing I would like to say is that we're very confident that that road is going to be built within a short period of time. Otherwise we would not want to locate our business there and have to deal with the same problems that everyone else is concerned with that intersection and the development at that portion of the city. That's all I have. If you have any questions. Rountree: So what you're telling me then your proposal at this point would rely on Magic View for access. Nickel: That is correct Councilman. Corrie: Any questions? I believe there was a Mr. Johnson that had other testimony, the developer. Any further testimony in favor of the items 8, 9 and 10? RICH ALLISON 916 E. 1ST STREET, MERIDIAN Allison: Mr. Mayor and Councilmen, it's a pleasure to see you tonight. I was very pleased to see in the paper Mr. Mayor that our taxes are quite low and we hope they continue to stay that way. I guess part of the reason I'm here to testify is the fact that we do have the opportunity to enter into I think a different phase of development of the City of Meridian. Whereas this type of project is before you as many many others will come before you along Eagle Road in the future. It will greatly enhance the ability of the City to maintain its budgets and hopefully keep our taxes and other things quite low. I am speaking on behalf of the owner of the property, Mr. and Mrs. Warden. The proposal before you is a mixture of office and commercial development of which is needed in the area. The area will in the future undoubtedly support a great deal of additional commercial development being at an intersection which either is or likely will become probably the highest traffic count in the state of Idaho. I just want to speak for the development and hope that we have lots of additional development of this type in the future that will help support schools and the city budget of Meridian. If you do have further questions with regard to the property to the north or to the east or to the northeast, I'd be happy to discuss that. Meridian City Council Meeting December 15, 1998 Page 23 Corrie: Any questions? Bird: I have none. Allison: Thank you. i Corrie: Anyone else from the public that would like to issue testimony in favor of these three items? BOB BARNES 2855 MAGIC VIEW DRIVE, MERIDIAN. Barnes: Ours is lot 9, which is the adjoining property just west of the lot 10 that Hubble Engineering is working on. We can see it as a plus. This kind of development we'd like to see in there, and yes, it would be nice to have the road. It would be wonderful and the sooner the better. But we wouldn't oppose the project on the basis of interim occupancy using Magic View. We feel it's doable to have this development come into our neighborhood 'and enhance the value of the whole surrounding pieces. Two concerns we have, we are currently just over the line as far as comprehensive plan goes single family dwelling, and Shari Stiles informs me that that will be part of the review process for change and that's what we would like to see is a change in the comprehensive plan, because our lot is five and a half acres also and adjoining property. The other point of concern I guess would be the fencing between the properties. We have no problem at all with the lot that Hubble is proposing for their business, because the place where their lot adjoins ours is basically pasture land. And so the chain link fence or whatever they're going to use for safety fence is fine. The only concern we have is when these other two, three, four and five lots develop, and we don't know what they are is we have a chance to negotiate what they will be because we don't want to permanently lock up our property visually at this point in time and in case we are able to change the comprehensive plan and rezone our property for commercial or business or whatever. So that will be my points. We support the project. Corrie: Any questions of Mr. Barnes? Okay, thank you. Anyone else wish to issue testimony in favor? HARBERT HANKS 2930 MAGIC VIEW DRIVE, MERIDIAN Hanks: I fully support the Hubble Engineering request to develop that are and the business. What they plan to put in there is well within reason of the plan that I see. The access to the road as Magic View I see as no problem at this period because the Hubble Engineering people are not that many employees that would be accessing on and off. It's not going to increase that flow on to Magic View Drive just minutely as I see it. As that area is developed more, there is a need for the road in there, but I can see Meridian City Council Meeting December 15, 1998 Page 24 no need for the access from the stoplight there before they occupy that property. Any questions for me? Corrie: None, okay. Thank you. Anyone else wish to testify in favor? Hearing none, all those that would like to testify against the 8, 9 or 10? Neutral testimony, yes, we'll take that Mr. Sale. LARRY SALE, ACHD, Sale: This would be neutral gender. Mr. Mayor and members of the Council, my name is Larry Sale. I'm with the Ada County Highway District, 318 E. 37th Street, Garden City, Idaho. We have a post office now. I'd like to offer a few comments about the road. There's been some discussion about the proposed road from Magic View up to an intersection with Eagle Road. Through a meeting of the developer of the first lot ,the one we've all been talking about for a couple of years, up across from St. Luke's driveway. We have a commitment from that developer to dedicate or sell the right-of- way to the highway district and to build the half road plus 12 feet that either Mr. Bird or Mr. Bentley was questioning a while ago. And if you'd like after the meeting I can discuss that with you why we do that. We have a verbal commitment from the owner of the second lot through which the road would extend down the intersection of Magic view and Allen Street to sell us the right-of-way so that we're relatively assured that the road can now occur, and when needed. I was interested in your earlier struggles with procedure and things like that because we have a bit of that problem right now with regard to the fees for this area, and we're proceeding cautiously with just how to identify those fees and how to elect them. Whether they might be called extraordinary impact fees or to use the city's term, a latecomers fee. We're pursuing both those and it is really just a name. The dollars all remain the same, but as you and I'm sure your Council can appreciate we want to proceed in a manner that's first of all equitable to every acre in that subdivision because they probably won't all be developed similarly and secondly obviously to proceed in a manner that's legal and all that sort of thing. Anyway that may not have told you a whole lot, but we think the road is going to happen and we think that will help this whole area a bit. We expect the development to occur in a slowly enough so that traffic will build up gradually and we can afford to take a few to several months that it will take to get the road in place. Does Council have any questions? Bird: Magic View can handle this additional traffic okay without the other road being in? Sale: Mr. Mayor, Councilman Bird, Magic View has plenty of capacity to handle this traffic. The problem is one of congestion, convenience and safety at the intersection itself. Persons trying to turn north will have increasing difficulties and risks in doing so, but traffic turning into Magic View will be able to stop and wait for gaps in the traffic and • • Meridian City Council Meeting December 15, 1998 Page 25 they can turn in relatively easily until some more traffic builds up on Eagle Road. But traffic turning out will be a bit of a problem. Anything else? Corrie: I'm going to ask you a $64,000 crystal ball question. What do you think our chances are of getting a traffic signal at Magic View? Sale: I'd say somewhere between slim and none. Corrie: That's pretty good. We get a chance then. There's an awful lot riding out there you are well aware of that. Sale: Yes, sir. Corrie: All right thank you. Staff any comments on any of the annexation, conditional use permit that you've heard this evening? Stiles: Mr. Mayor and Council I guess if there's any questions that you have of me. They have made the proposal not to have the conditional use permits. I guess I have mixed feelings about doing that. They've been real effective in some areas. In some areas where you can really tie down the development agreement and the covenants, it hasn't been necessary, but as far as some of the impact on the neighbors out there, one gentleman testified that he would like to be a part of some review of what else goes out there and that's not going to be possible unless they do the conditional use permit, but I'll leave it up to your discretion as whether you think the development agreement they've submitted is adequate and I would like to mention on page 7, we have discussed one of these items that should be crossed out as a permitted use would be number nine, planned commercial developments. The interpretation of what is a planned commercial development is too vague and if they do a planned commercial development out there, it should be under the conditional use process, but take a look at those 15 items and I guess if the Council is comfortable with allowing all those uses with no further review, that's really what you are deciding as far as the conditional use process. Rountree: Mr. Mayor, Shari, if we got to a point with the development agreement and the covenants as we did with the Troutner Business Park would your level of comfort increase and secondly do you see that we could get there with this particular development? Stiles: Councilman Rountree, Mayor and Council, I don't think it's impossible. If this developer is willing to in fact develop the subdivision, I guess I'm not entirely comfortable that they intend to do that. I think it's more a matter of they intend to sell lots off to other developers and may lose some of the control or some of the safeguards that are in place. Of course if the development agreement is tied down enough relating • • Meridian City Council Meeting December 15, 1998 Page 26 to particularly signage, landscaping, access, I don't think it's insurmountable, I'm still not at that level of comfort that I was with Troutner Business Park. Corrie: Any further questions of staff or testimony that you've heard tonight? Bird: I have none. Gigray: Mr. Mayor, just a matter of staff comment. If the consideration is the development agreement, I noticed the form in here I think was proposed by Hubble Engineering, and one of the things we're trying to do is standardize the form of our development agreements we could retrofit into our form without changing the essential development terms I would propose we do that. Corrie: Any more questions, I'll close the public hearing and open for discussion of Council. I guess we don't have any discussion on this. I'll open the first one then for the annexation and zoning. I'll entertain a motion to close the public hearing. Rountree: Mr. Mayor I move that we close all three public hearings. Anderson: Second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to close all three public hearings. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Okay the first one is the annexation and zoning. You again can have your four choices, the continuation of the public hearing, accept the recommendation of the Planning and Zoning, modify the recommendation of Planning and Zoning, or deny the application. Bird: I move that we accept the recommendation of the Planning and Zoning Commission with one exception, and that is the rule of the road being put in and request Findings of Fact and Conclusions of Law by the city attorney for annexation and zoning of 5.4 acres at Midvalley Business Park Subdivision and a development agreement with that also. Corrie: Do I hear a second to that motion? Rountree: I'll second it. • • Meridian City Council Meeting December 15, 1998 Page 27 Corrie: Motion made by Mr. Bird second by Mr. Rountree. Are there any further discussions on the motion as stated? Rountree: For the assistance of the city attorney, would he like input at this point on the terms and conditions of the development agreement that might come forth out of this preparation process, modifications that we might want to make in the developer's development agreement and my information only allows me to comment on one of three pages because I don't have the entire agreement. Or can we defer that and discuss that after the development agreement has been prepared in draft form and deliberated at a later date. Gigray: Mr. Mayor, Councilman Rountree you could do it either way. If you wanted to give me some direction at this point you can, or if you wish us to proceed with the information we have, we can do that because you won't pass it until it's back before you for a resolution. Rountree: Right. Mr. Mayor, (inaudible) question. Corrie: Any further discussion? Bird: I have none. Corrie: Okay no question been called for -let's have a roll call vote. ROLL CALL VOTE: Bird, yea. Bentley, yea. Anderson, yea. Rountree, yea. MOTION CARRIED: All ayes. Corrie: Now on the preliminary plat. Council has the preliminary plat. You can move to approve, conditionally approve, deny or continue for 45 day maximum on the final plat and the city attorney will prepare the appropriate ordinance in conference with this decision and Mayor be empowered to sign necessary to carry out the decision and the City Clerk serve a copy of the ordinance on the applicant, the planning and zoning director and any interested party requesting the (Inaudible). So just to break that down, you can approve the final plat subject to the conditions that you should be specific or you can approve them without the conditions. This is the preliminary plat. Bentley: Mr. Mayor I have a question and this is for the Counselor. In approving the preliminary plat if we establish conditions, do the conditions if we get the development agreement come back and we make changes to the draft form of the development agreement, could we pick up other conditions that we may not attach to the preliminary plat. • Meridian City Council Meeting December 15, 1998 Page 28 Gigray: Mr. Mayor, Councilman Bentley, members of the Council, if you approve the preliminary plat at this time subject to conditions or without conditions and the conditions that I'm looking at were in the recommendation to City Council by the Planning and Zoning Commission that you have before you as part of the record, that approval will be stated here in those specific conditions if you adopts those or whatever they are would go with that preliminary approval and they would have a right then to move forward for approval of the final plat as long as they met those conditions. So if there were conditions that you felt needed to be resolved with the development (End of Tape) Gigray: ...the development agreement to assure there isn't any confusion or disagreement about any of those terms and conditions. I just don't know whether there are any or not. Bentley: Thank you. Rountree: Are we all in the right spot in our choir books here? Bird: We-are all going to sing from the same page at least. Rountree: Mr. Mayor, I would move that we approve the preliminary plat subject to the conditions that would come through (Inaudible) for me, development agreement. Bird: Second. Corrie: Motion made by Mr: Rountree, second by Mr. Bird, to approve the preliminary plat subject to conditions that are on the development agreement. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Bentley: Point of clarification, the development agreement is the development agreement that is prepared by the city attorney. Is that the one that you are referring to, not the one that Hubble turned in. Rountree: Correct. Bentley: Thank you. Stiles: Mr. Mayor and council, I just wanted a clarification on the annexation and zoning you made the motion that you would approve the annexation and zoning taking out the requirement for the road to be constructed and with the development agreement but i Meridian City Council Meeting December 15, 1998 Page 29 didn't specify if you were approving a development agreement in lieu of conditional use permit or were still going to require that as noted on page 18 of the findings. Bird: Mr. Mayor, I thought the conditional use permit had to be a separate item. Gigray: I think for purpose of clarification, Mr. Mayor and member of the council, I think the question that is being asked by the Planning and Zoning Administrator is simply one of the recommendations the Planning and Zoning Commission would be that that development agreement would require a condition that the conditional use be applied at every single lot that is in this development and I believe that is one of the objections that was raised by the applicant that they shouldn't be relieved of that requirement and it would make a difference which way we would draft that. I can still draft it one way and you could decide that you want to change it or whatever till you adopt that development agreement. I still have that yet to go. Bird: That slipped over me. Rountree: My position on that and Bill is correct that we leave the conditional use requirement in there. If in the drafting of the development agreement and the execution of that agreement with the developer language is included in the agreement that is consistent with our needs for landscaping access. Some degree of control over design. We could handle it similar to what we did in Troutner remove that from the conditional use permit requirement from the development agreement. Gigray: Members of the council, that's how I would understand your motion because you accepted their recommendation other than the one regarding the road. That's the one that we would take out. Bentley: That was my intent. Corrie: I think that's the simplest way to take care of it. ITEM NO. 10: REQUEST FOR CONDITIONAL USE PERMIT FOR 24, 560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND PARKING BY NUBBLE ENGINEERING -621 ALLEN STREET, NORTH OF I-84 AND WEST OF EAGLE ROAD: Corrie: Then we are on the conditional use permit, you can either continue the public hearing and request for more information, accept the recommendation of Planning and Zoning Commission and Findings of Fact and Conclusions of Law, or you can modify the recommendation of the Planning and Zoning Commission, or you may deny the conditional use permit. I'm sorry, I'll get it here in a minute. I'm on the annexation. You ~ e Meridian City Council Meeting December 15, 1998 Page 30 can continue or table the proceedings, deny the application or grant the application subject to reasonable conditions. Rountree: It seems that on this particular application we're caught in between process changes. Given that, I would move that we accept the Findings of Fact and Conclusions of Law as prepared before us and presented to us by Planning and Zoning. Bentley: Second. Corrie: Motion is made by Mr. Rountree, second by Mr. Bentley that we approve the conditional use permit on the Findings of Fact and Conclusions of Law with Planning and Zoning. Discussion Mr. Gigray? Gigray: Mr. Mayor and member of the council, I would recommend that you could go ahead and approve the findings of fact and conclusions of law. I would recommend you withhold the granting of the order of conditional use permit until we have effected an annexation and zoning because I would not recommend that you grant a conditional use permit until it is zoned and annexed within the city and we just hold that part of the action until the other is completed. Corrie: Mr. Rountree is that what you would like to do? Rountree: So noted, we will not move forward with the decision at this point in time, but accept the Findings of Facts as they are. Gigray: I'll prepare at your direction necessary order which it would be submitted in a future council meeting once the other action has taken place. Corrie: Any further discussion? Hearing none, I'll roll call vote. ROLL CALL: Bird -yea, Bentley -yea, Rountree -yea, Anderson -yea. MOTION CARRIED: All yea. Bentley: I move that we take a ten minute break. Rountree: Second. Corrie: Motion made and seconded to take a break. (BREAK) Corrie: I will call the meeting back to order. ~ECE~vEp a:ao~, ,~oN n ~ ~sss DEVELOPMENT AGREEMEN CitS~ of Meridian City Clerk Office THIS DEVELOPMENT AGREEMENT (this "A ~ ~~y`, and entered into this day of `~ y an e weep CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and RUBBLE ENGINEERING, INC., an Idaho Corporation, hereinafter called "DEVELOPER", whose address is 9550 Bethel Court. Boise, Idaho 83709. RECITALS: 1.1 WHEREAS, DEVELOPER is the sole owner, in~law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 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 1.3 WHEREAS, CITY has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, DEVELOPER has submitted an application for annexation and zoning of the Property's described in Exhibit A, and requested a designation of General Retail and Service Commercial (C-G~, 11-2-408 (11) (Municipal Code of the City of Meridian), with a conditional use permit and has submitted a site plan in connection with the development of the property, which site plan is subject to specified terms and conditions, has been recommended for approval by the Meridian Planning & Zoning Commission to the Meridian City Council; and 1.5 WHEREAS, DEVELOPER made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT PAGE MIDVALLEY BUSINESS PARK SUBDIVISION ~. 1.6 WHEREAS, record of the proceedings request for annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 5`'' day of January, 1999, has approved certain Order Approving the Findings of Fact and Conclusions of Law of the Planning and Zoning Commission and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the DEVELOPER enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, 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 1.10 WHEREAS, CITY requires the DEVELOPER to enter into a development agreement for the purpose ensuring that the property is developed and the subsequent use of "the Property" is in accordance with the terms and conditions of this development agreement, herein been established as a result of evidence received by the City in the proceedings for annexation and 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 Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT PAGE MIDVALLEY BUSINESS PARK SUBDIVISION ~ ~ 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. USES PERMITTED BY THIS AGREEMENT: 3.1 The uses allowed pursuant to this Agreement are those uses allowed under CITY's Zoning Ordinance General Retail and Service Commercial (C-G~ codified at section 11-2-408 (11) Municipal Code of the City of Meridian. 3.2 DEVELOPER agrees that this Agreement specifically allows only the uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and which uses are specifically incorporated herein. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4. DEVELOPMENT IN CONDITIONAL USE: DEVELOPER 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 any buildings or improvements on the Property that require a conditional use permit. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBTECT PROPERTY: 5.1 DEVELOPER shall develop subject Property including the obtainance of the appropriate permits and compliance with CITY ordinances regarding the building permits and other life safety codes applicable to such development in accordance with the following special conditions: 5.1.1 That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit A, DEVELOPMENT AGREEMENT PAGE MIDVALLEY BUSINESS PARK SUBDIVISION ~ ~ construct a commercial subdivision as specified on the preliminary plat of Midvalley Business Parlc Subdivision. 5.1.2 All uses will be developed under the conditional use permit process as planned developments. 5.1.3 Sanitary sewer service to this site will be via an extension from the existing line in Magic View Drive. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerlines. 5.1.4 Water service to this site will be via extension of the existing main in Magic View Drive. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 5.1.5 Graphically depict proposed easements on the plat; Note 2 does not designate widths and is unclear. The property lines for the existing lot in Magic View Subdivision extend to the centerlines of the roadways; the road are currently easements. Revise the plat to show the appropriate existing property lines and dedication of the roadways as public rights-of-way. 5.1.6 The 20-foot width shown is not adequate for a driveway. Revise Lot 5, Bloclc 1, to a minimum frontage of 30 feet. 5.1.7 Revise street names to conform to the requirements of the Ada County Street Name Committee (i.e., add directional designations). 5.1.8 Add a note showing that all lots in this subdivision are subject to the terms of a development agreement recorded as in the records of Ada County, Idaho. DEVELOPMENT AGREEMENT PAGE 4 MIDVALLEY BUSINESS PARK SUBDIVISION s 5.1.9 The Registered Land Surveyor needs to stamp, sign and seal the preliminary plat. 5.1.10 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606B. 5.1.11 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605M. The ditches to be piped should be shown on the plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 5.1.12Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.13 Coordinate fire hydrant placement with the City of Meridian's Public Works Department. 5.1.14Indicate on the final plat map any FEMA floodplains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 5.1.15Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is to remain a private owners association system, plans and specifications shall be reviewed by the Public Worlcs Department as part of the development plan review process. A draft copy of the pressurized irrigation system O & M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. DEVELOPMENT AGREEMENT PAGE 5 MIDVALLEY BUSINESS PARK SUBDIVISION If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5.1.16Show the master street drainage plan for the project, including method of disposal and approval from any affected drainage district. 5.1.17 Roadway and roadway approaches to be approved by the ACHD. 5.1.18 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 5.1.19 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D:4. and 11-2- 414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5.1.20A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. 5.1.21 All lots within this subdivision shall require a conditional use permit in accordance with the Meridian Comprehensive Plan. 5.1.22A11 construction shall conform to the requirements of the Americans with Disabilities Act. 5.1.23Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the DEVELOPMENT AGREEMENT PAGE 6 MIDVALLEY BUSINESS PARK SUBDIVISION i ~ City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 5.1.24 No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 5.1.25 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 5.1.26A11 signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. All signage will be subject to design review. 5.1.27Provide five-foot sidewalks within the development in accordance with City Ordinance Section 11-9-606.B. 5.1.28A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Revise the landscape plan to indicate what the landscaping symbols represent in relation to the plant schedule. The plant schedule to indicate 3" caliper minimum. 5.1.29Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 5.1.30Public roadway is planned north of the proposed Idaho Power Credit Union; however, it is unknown at this time when the remainder of the public roadway needed to Provide public access to the traffic signal on Eagle Road will be constructed. Future development in this area will need to have proper access to the traffic signal. DEVELOPMENT AGREEMENT PAGE 7 MIDVALLEY BUSINESS PARK SUBDIVISION 5.1.31A development agreement is required as a condition of annexation to insure that the development considerations herein found reasonable are enforced. 6. INSPECTION: DEVELOPER shall, immediately upon completion of any portion or the entirety of said development of the Property, 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. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon failure of DEVELOPER or DEVELOPER's heirs, successors, assigns, to comply with the commitments contained herein within two (2) years, and after complying with the notice and hearing procedures as outlined in § 67- 6509, Idaho Code, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall occur unless CITY provides written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of such notice. The two (2) year period of time for compliance may be extended by CITY for just cause and upon notification for such by DEVELOPER, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. 8. REQUIREMENT FOR RECORDATION: CITY shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPER'S cost, and submit proof of such recording to DEVELOPER, 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. 9. ZONING: CITY shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENT AGREEMENT PAGE 8 MIDVALLEY BUSINESS PARK SUBDIVISION 10. DEFAULT 10.1 In the event DEVELOPER, DEVELOPER's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connections with the Property, this Agreement maybe modified or terminated by the CITY upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by CITY of any default by DEVELOPER of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of CITY or apply to any subsequent breach of any such or other covenants and conditions. 11. REMEDIES. This Agreement shall be enforceable in any court of competent jurisdiction by either CITY or DEVELOPER, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 11.1 In the event of a material breach of this Agreement, the parties agree that CITY and DEVELOPER shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time within such failure may be cured shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 11.2 In the event the performance of any covenant to be performed hereunder by either DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for DEVELOPMENT AGREEMENT PAGE 9 MIDVALLEY BUSINESS PARK SUBDIVISION ~ ~ such performance shall be extended by the amount of time of such delay. 12. SURETY OF PERFORMANCE: The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure that installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 13. CERTIFICATE OF OCCUPANCY: That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased developed; in any event, no Certificate of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 14. ABIDE BY ALL CITY ORDINANCES: That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 15. Notices: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian City 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Hubble Engineering, Inc. c/o Bill Johnson 9550 Bethel Court Boise, Idaho 83709 DEVELOPMENT AGREEMENT PAGE 10 MIDVALLEY BUSINESS PARK SUBDIVISION with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 15.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 16. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 17. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. Binding upon Successors: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including CITY's corporate authorities and their successors in office. This Agreement shall be binding on the owner of the Property, each subsequent owner and each 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, to execute appropriate and recordable evidence of termination of this Agreement if CITY, in its sole and reasonable discretion, had determined that DEVELOPER has fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT PAGE 11 MIDVALLEY BUSINESS PARK SUBDIVISION ~ ~ 19. Invalid Provision. If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER's development of the Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties from any obligations hereunder. 20. Final Agreement This Agreement sets forth all promises, inducements, agreements, condition and understandings between DEVELOPER and CITY relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between DEVELOPER and CITY, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to CITY, to a duly adopted ordinance or resolution of CITY: 20.1 No condition herein provided can be modified or amended in connection other than as provided for herein and after public hearing by the City Council, in accordance with the notice provisions provided for zoning designation or amendment under enforcement at the time. 21. Effective Date of Agreement This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Cleric. DEVELOPMENT AGREEMENT MIDVALLEY BUSINESS PARK SUBDIVISION PAGE 12 • r ACIQVOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. RUBBLE ENGINEERING, INC.. an Idaho Corporation BY: BY: Attest: BY RESOLUTION NO. CITY OF MERIDIAN BY: Mayor Robert D. Corrie Attest: City Cleric BY RESOLUTION NO. DEVELOPMENT AGREEMENT PAGE 13 MIDVALLEY BUSINESS PARK SUBDIVISION • STATE OF IDAHO) :ss COUNTY OF ADA) On this day of , in the year 1998, before me, a Notary Public, personally appeared and of Hubble Engineering, Inc., known or identified to me to be the and , of said Hubble Engineering, Inc., Ada County, State of Idaho, and also who executed the instrument or the person that executed the instrument on behalf of said Hubble Engineering, Inc., 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 1998, 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: msg~D:UVIyFilesUvleridian City File~AgreementUvIIDVALLEY BUS PARK SUB DEVELOPMT AGMT.wpd DEVELOPMENT AGREEMENT PAGE 14 MIDVALLEY BUSINESS PARK SUBDIVISION ~ ~ EXHIBIT A Legal Description Of Property DEVELOPMENT AGREEMENT PAGE 15 MIDVALLEY BUSINESS PARK SUBDIVISION _. ,~, ,.=emu DESCRIPTION FaR LOT 10 OF AMENDED MAG1C VIEW SiJBDNISiON Lot 10 of Amended Magic View Subdivision as recorded in book 52 of Plats at Pages 44.45 and 4446, records of Ada County, Idaho, located in the SE1/4 of the NE1/4 of Section 17, T.3N., R.1E., B.M., Ada County, Idaho more particularly described as follows: Beginning at the northwest comer of said Lot 10; thence along the exterior .boundary fine of said Lot 10 the following courses: South 83°11'15" East, 230.88 feet; thence South 83°21'41" East, 64.86 feel; thence South 00°22'58" East, 611.11 feet; thence North 84°41'13" West, 473.05 feet; thence North 16°03'06" East, 626.61 fleet to the Point of Beginning, containing 5.40 acres more or less. Prepared by: HU88LE ENGINEERING, INC. Past-it• Fax Nate 7671 Date To ~-~^9~ ~ ~~! S i14r S~l~ ~ From D l Co.ipcpt. m P~~,h,~,, i z..., co. 1~.~~6t c Phone p ~4~ ~`l -55 j3 Phone x Fax ii ~d ~-'45Y'1 ~. Faz # GGC/vw/AmendedMagicViewSub Gregory G. Carter, P.L.S. AUG 18 '98 16 27 TOTAL F.O1 1 208 378 032 PAGc.01 EXHIBIT B Findines of Fact and Conclusions of Law/Conditions of AFFroval DEVELOPMENT AGREEMENT PAGE 16 MIDVALLEY BUSINESS PARK SUBDIVISION BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF RUBBLE ENGINEERING, NORTHWEST OF EAGLE ROAD/1-84 INTERCHANGE AND WEST OF EXISTING TEXACO, FOR ANNEXATION AND ZONING OF 5.4 ACRES FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION, MERIDIAN, IDAHO ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF THE PLANNING AND ZONING COMMISSION AND DECISION AND ORDER The above entitled annexation and zoning application having come on for public hearing on December 15, 1998, at the hour of 7:00 o'clock p.m., and Shawn L. Nickel of Hubble Engineering, Project Manager, Rich Alyson, Bob Barnes, Howard Hunks, having appeared and testified in favor of the application, and Larry Sale of ACRD having stated the position of the ACRD, and no one having testified 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: ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF THE PLANNING AND ZONING COMMISSION AND DECISION AND ORDER - 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. It adopts the Findings of Fact and Conclusions of Law as set forth by the Planning and Zoning Commission, together with their recommendations in the above entitled matter. 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. That the applicant prepare the legal description for the annexation included in the application with legal description and submit an annexation permit or legal description for the proposed site as set forth hereinabove. The legal description for the annexation needs to be a metes and bounds description tied to government corners. The annexation description must place this parcel contiguous to the existing Corporate City Limits of the Citv of Meridian (Ord. No. 659, 8/2/94). 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 new metes and bounds boundary description shall place this parcel contiguous to Ordinance No. 714 dated 9/19/95. 2. That the City Attorney shall prepare for consideration by the City ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF THE PLANNING AND ZONING COMMISSION AND DECISION AND ORDER - 2 r~ l.~ Council the appropriate ordinance for the annexation and zoning designation. The (C- G) General Retail and Service Commercial shall not be finally approved by the City Council until provisions have been met as follows: 3. Applicant enter into a development agreement that provides that in the event the conditions herein are not met by the developer that the property shall be subject to de-annexation, with the City of Meridian which provides the conditions of the development. 3.1 All uses will be developed under the conditional use permit process as planned developments. 3.2 Sanitary sewer service to this site will be via an extension from the existing line in Magic View Drive. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerlines. 3.3 Water service to this site will be via extension of the existing main in Magic View Drive.. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. 3.4 Graphically depict proposed easements on the plat; Note 2 does not designate widths and is unclear. The property lines for the existing lot in Magic View Subdivision extend to the centerlines of the roadways; the road are currently easements. Revise the plat to show the appropriate existing property lines and dedication of the roadways as public rights-of-way. ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF THE PLANNING AND ZONING COMMISSION AND DECISION AND ORDER - 3 • • 3.5 The 20-foot width shown is not adequate for a driveway. Revise Lot 5, Block 1, to a minimum frontage of 30 feet. 3.6 Revise street names to conform to the requirements of the Ada County Street Name Committee (i.e., add directional designations). 3.7 Add a note showing that all lots in this subdivision are subject to the terms of a development agreement recorded in the records of Ada County, Idaho. 3.8 The Registered Land Surveyor needs to stamp, sign and seal the preliminary plat. 3.9 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606B. 3.10 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605M. The ditches to be piped should be shown on the plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 3.11 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- J domestic purposes such as landscape irrigation. 3.12 Coordinate fire hydrant placement with the City of Meridian's Public Works Department. ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF THE PLANNING AND ZONING COMMISSION AND DECISION AND ORDER - 4 3.13 Indicate on the final plat map any FEMA floodplains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 3.14 Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa &. Meridian Irrigation District. If the system is to remain a private owners association system, plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O Sz M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3.15 Show the master street drainage plan for the project, including method of disposal and approval from any affected drainage district. 3.16 Roadway and roadway approaches to be approved by the ACRD. 3.17 Off-street parking shall be provided in accordance with Section 11- 2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 3.18 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4. and 11-2-414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3.19 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF THE PLANNING AND ZONING COMMISSION AND DECISION AND ORDER - 5 • drainage shall be contained and disposed of on-site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. 3.20 All lots within this subdivision shall require a conditional use permit in accordance with the Meridian Comprehensive Plan. 3.21 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.22 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 3.23 No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 3.24 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 3.25 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. All signage will be subject to design review. 3.26 Provide five-foot sidewalks within the development in accordance with City Ordinance Section 11-9-606.B. 3.27 A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Revise the landscape plan to indicate what the landscaping symbols represent in relation to the plant schedule. The plant schedule to indicate 3" caliper minimum. ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF THE PLANNING AND ZONING COMMISSION AND DECISION AND ORDER -, 6 3.28 Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Worlcs Department. The Public Worlcs Department is in the process of determining detailed standards for lighting. 3.29 A public roadway is planned north of the proposed Idaho Power Credit Union; however, it is unknown at this time when the remainder of the public roadway needed to provide public access to the traffic signal on Eagle Road will be constructed. Future development in this area will need to have proper access to the traffic signal. 3.30 A development agreement is required as a condition of annexation to insure that the development considerations herein found reasonable are enforced. ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF THE PLANNING AND ZONING COMMISSION AND DECISION AND ORDER - 7 ~ ~ 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 annexation and zoning 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 January 5, 1999. ROLL CALL COUNCILMAN BIRD VOTED COUNCILMAN ANDERSON VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN BENTLEY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED MOTION: APPROVED: DISAPPROVED:, Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: City Clerlc Dated: msg~D:uVlyFilesuvleridian City File~Findings3~Annexation and Zoning FF\Midvalley Bus Park AZ FF for CC 5.4 acres.wpd ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF THE PLANNING AND ZONING COMMISSION AND DECISION AND ORDER - 8 To: Mayor and City Council cc: Will Berg, City Clerlc Shari Stiles, Plannin, From: Bill Gigray, City Att Re: Regular Agenda City Date: 1-2-99 • ning Director REC~~D •~ .y ~ 1 iv;~:; CITY OF MERIDIAN Meeting January 5, 1999 Items 8-10 The purpose of this memo is to give my opinion on the procedure and timing of the above referenced items. They all deal with related aspects of the application by Hubble Engineering, Inc. for the development of Midvalley Business Parlc Subdivision. You may take up agenda Items 8 and 9. Then for Item no. 9 the Council should receive the same, approve the draft form and then request that the development agreement be submitted to the applicant for approval and signature before any further action of the City Council on the matter and that the resolution authorizing signature of the Development Agreement be tabled to the next Council meeting pending the signature of the owner developer. I then recommend that Item no. 10 could be sponsored by a City Council Member and the Council could conduct its first reading with the second reading scheduled for the next City Council meeting pending the receipt of a signed Development Agreement. \~ ENGIiyF F~ `~ RUBBLE ENGINEERING, INC. ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 Q ~SURVEy~ January 05, 1999 ~EcE~D Mayor & City Council City of Meridian _ i^ ~„ _ 33 E. Idaho Ave. ~ u ~;- . . Meridian, Idaho 83642 CjTY OF : +Rjj)~ RE: Midvalley Business Park Annexation and Rezone Dear Mayor & City Council; It has come to our attention that the Findings of Fact and Conclusions of Law for Midvalley Business Park are scheduled to be adopted at tonight's public hearing. As you may recall, on December 15, 1998, you approved the annexation, rezone, preliminary plat and conditional use permit, subject to the findings of fact and conclusions of law. At that time, we requested that a specific provision in the annexation conditions be removed requiring conditional use permits on the remaining lots in the subdivision. At that meeting, the Council did not remove that condition, but instructed us to get together with staff and the City Attorney and draft a development agreement to bring back with the findings of fact for 'the Council's consideration. On December 215`, I contacted your staff and we decided that, due to the holidays, we would sit down at the first of the year and draft the development agreement. I was informed yesterday that the findings were scheduled for tonight, rather than January 19`h. If you adopt the findings of fact recommended by the Planning and Zoning Commission .that includes that provision for conditional use permits on all lots in the subdivision, I am afraid that when we .bring back the development agreement at a later date, it will be to late to have that specific provision removed. I therefore request that you defer the adoption of the findings of fact for annexation of our property to a future date in order to allow us proper time to meet with your staff and attorney in an effort to draft an appropriate development agreement that both the City and the developer are satisfied with. Thank you for your time and consideration Sincerely, Shawn L. Nickel, Project Planner Hubble Engineering, Inc. Cc: William Berg, City Clerk City Attorney Shari Stiles, Planning Director • Off ice 200 E. Carlton Ave. Suite 31 PO Box 1150 of the Meridian ID 83680-1150 Phone: 288-2499 Fax: 288-2501 City Attorney E-mail: wfg@wppmg.com REcE~D To: Mayor and City Clerk ~~- ~~~ a From: Bill Gigray, City Attorney Re: CUP Hubble Engineering CITY OF MERIDIAN Date: January 5, 1999 am sending to you with this explanation "Findings of Fact and Conclusions of Law and Decision and Order Granting Conditional Use Permit Subject to Conditions". This was agenda Item no.10 at the December 15th Meeting of the City Council. I have prepared these findings as a result of the action taken that evening by the City Council. Because this matter involves an annexation and zoning designation and development agreement action approving these findings and order should not be finalized until all of those actions have been concluded and the ordinance of annexation is effective. In the mean time due to the fact of the action of the Council on the 15th of December the matter should be brought before the City Council with this memo and the following recommended action and motion. RECOMMENDED ACTION OF CITY COUNCIL: Based upon the City Council's approval of the Findings of Fact and Conclusions of Law of the Planning and Zoning Commission in this matter and based upon our request that the City Attorney prepare the necessary Findings, Conclusions, and Order and the City Attorney having prepared the same, and due to the fact that final action on annexation and zoning of the subject property have not yet occurred (Councilman moves): That this matter be tabled until the next council meeting for purpose of notice to all parties but that in the event the annexation and zoning ordinance are not in effect that the City Clerk place this matter under the consent agenda to be continued until the next regularly scheduled Council Meeting and that it continue to be so placed until such time as the annexation ordinance is in effect and at the next regularly scheduled meeting thereafter this item shall then be placed under old business for further action by the council. Memo Re: Hubble Engineering CUP 1 I recommend that this matter since it now does not require any further public hearing or notice and that it should be added to the agenda as provided in Idaho Code § 67-2343 (1) which provides in its relevant parts: " ....A forty-eight (48) hour agenda notice shall be required in advance of each regular meeting, however, additional agenda items may be added after completion of the agenda up to and including the hour of the meeting, provided that a good faith effort is made to include in the notice all agenda items known at the time to be probable items of discussion....99, Memo Re: Hubble Engineering CUP 2 • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF RUBBLE ENGINEERING, 621 ALLEN STREET, NORTH OF I-84 AND WEST OF EAGLE ROAD, FOR A CONDITIONAL USE PERMIT FOR 24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND PARKING FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION, MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS This matter coming on regularly for public hearing before the City Council on the 15`h day of December, 1998, and Shawn L. Nickel of Hubble Engineering Project Manager, Rich Alyson, Bob Barnes, and Howard Hunks, having appeared and testified in favor of the application, and Larry Sale of ACRD having stated the position of the ACRD, and no one appearing in opposition, and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 15, 1998, before the City Council, the first publication appearing and written notice having FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK SUBDIVISION - 1 • 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 the 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 December 15, 1998, 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 67-6512; and §§11-2-416E and 11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The City Council adopts as its Findings of Fact those Findings of Fact numbers 1 through 18, and Conclusions of Law number 10 of the Findings of Fact and Conclusions of Law and Recommendation to Cit y Council made in the above entitled matter by the Planning and Zoning Commission, which are incorporated herein by reference as if set forth at length. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK SUBDIVISION - 2 i ~ CONCLUSIONS OF LAW 1. City Council adopts as its Conclusions of Law those Conclusions of Law numbers 1 through 8 as is set forth in Findings of Fact and Conclusions of Law and Recommendation to City Council made in the above entitled matter by the Planning and Zoning Commission which are incorporated herein by reference as if set forth at length. 2. Idaho Code § 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS HUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK SUBDIVISION - 3 • 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS 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 that: 1. The applicant is granted a conditional use permit for Lot 1 of the subject property for the development of a 24,560 square foot building, equipment storage yard/garage with associated security fencing, landscaping and parking subject to the following terms and conditions: 1.1 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4. and 11-2-414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.3 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK SUBDIVISION - 4 s ~ 1.4 All lots within this subdivision shall require a conditional use permit in accordance with the Meridian Comprehensive Plan. 1.5 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.6 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 1.7 No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 1.8 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 1.9 All signage shall be in accordance with the standards set forth in Section 11- 2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. All signage will be subject to design review. 1.10 Provide five-foot sidewalks within the development in accordance with City Ordinance Section 11-9-606.6. 1.11 A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Revise the landscape plan to indicate what the landscaping symbols represent in relation to the plant schedule. The plant schedule to indicate 3" caliper minimum. 1.12 Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 1.13 A public roadway is planned north of the proposed Idaho Power Credit Union; however, it is unknown at this time when the remainder of the public roadway needed to provide public access to the traffic signal on Eagle Road will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS HUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK SUBDIVISION - 5 constructed. Future development in this area will need to have proper access to the traffic signal. 1.14 Provide that the access road to the signal light on Eagle Road must be in place prior to occupancy of the development. 1.15 Requires that all fire codes be met. Since the shop is over 500 feet there will need to be one additional fire hydrant. 1.16 The City needs to connect a new water source to this closed system prior to any more development in this area. 1.17 The Applicant obtain written approval for the central sewage and central water prior to approval of the conditional use permit. 1.18 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality. 1.19 Run-off is not to create a mosquito breeding problem. 1.20 Stormwater must be pretreated through a grassy swale prior to the discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.21 The existing septic system must be properly abandoned pursuant to the Subsurface Sewage Disposal Regulations. 1.22 Requires all laterals and wasteways be protected. 1.23 All municipal surface drainage must be retained on site. 1.24 If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 1.25 The developer must comply with Idaho Code 31-3805. 2. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK SUBDIVISION - 6 a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS HUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK SUBDIVISION - 7 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 conditional use permit 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 December 15, 1998. ROLL CALL COUNCILMAN BIRD VOTED COUNCILMAN ANDERSON VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN BENTLEY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: Dated: City Clerk msg\D:\MyFiles\Meridian City File\Findings\Conditional Use Permits FF\FORM FOR FF AND CL AND DEC OF ORDER GRANTING CUP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS HUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK SUBDIVISION - 8 WHITE, PETERSON, PRUSS, MORROW ~ GIGRAY, P.A. ATTORNEYS AT LAW ]USTIN P. AYLSWORTH JULIE KLEIN FISCHEA WM. F. GlcnwY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE 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 @ wfg@~vppmg.com February 9, 1999 Shawn L. Nickel, Project Planner HUBBLE ENGINEERING, INC. 9550 Bethel Court Boise, Idaho 83709 Re: MIDVALLEY BUSINESS PARK Dear Shawn: 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 REc~~D ~ ~ ~ ~ ~ 199 CITY OF MERIDIAN Please find enclosed an additional revised DRAFT of the above Development Agreement of the sections that were corrected from your redline copy. Additionally, I have made a few revisions as follows: Section 5.1.2 now reads: "All uses allowed in the General Retail and Service Commercial (C-G) Zone can only be developed and allowed pursuant to the rules and regulations and ordinances of the City by conditional use permit as a planned development unless the use is provided for in this agreement without conditional use permit as set forth in section 6.1 of this agreement. All development upon the real property which is the subject of this agreement shall be subject to design review by the City. In section 5.1.10, it has been changed to cite § 11-9-606B. Deleted 5.1.21 and reunmbered. Section 6. Made the changes in this section, which are indicated by underlining. i February 9, 1999 Page 2 Please review this new DRAFT and if you find this agreeable, please secure the appropriate signatures and Corporation Resolution authorizing the signing of the agreement. After you have obtained the signatures please return the agreement back to me so that I might provide the agreement to the City Clerlc for action by the City Council at its February 16t'' meeting. If there are changes that still need to be made please advise. Very truly yours, ~' ~;~ Wm. F. Gigr , I cc: Mayor Robert D. Corrie Shari Stiles Gary Smith Will Berg msg~D:\MyFiles~Nleridian City File~L,ettersWickel Itr on DEV AGMT 020899.wpd MERIDIAN CITY COUNCIL MEETING: FEBRUARY 2 1999 ___ APPLICANT: RUBBLE ENGINEERING ITEM NUMBER: 4 REQUEST: ANNEXATION 8~ ZONING MIDVALLEY BUSINESS PARK AGENCY CITY CLERK: 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: COMMENTS SEE ATTACHED MINUTES FROM 1/5/99 ~p~ ~a~.~ x qi ~'l ,~,eP. , ~~' ~ ~- ~e ~'/Ff~~~ ~.,~.-~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. N,~~ P~~ ~JL Meridian City Council January 5, 1999 Page 16 Gigray: Well I would recommend that you not do that, but what you'll do by sponsoring it is you just get it on the agenda for consideration because until you waive the rule and have the third reading, it's just on the agenda for further consideration. Bird: Can tonight be considered the first reading? Gigray: If you choose to do so or you may say I'm not ready to sponsor the ordinance yet. And you move on to the next agenda item, but I was thinking this would be a way. We've already prepared this. It gets it on the agenda and then the clerk will bring it back to you at the next Council meeting. Rountree: Could we not continue action on this particular ordinance until our next regularly scheduled meeting? Gigray: You certainly could. I just think it probably ought to have some sponsor in order to get it on the agenda, or I guess you could receive it from me and then you just put it on the -just table any further action at that point. You know it's a piece of legislation that should have a sponsor to have a place on the agenda. Rountree: I move that we continue action on Ordinance #809 until our next regularly scheduled meeting January 19th, 1999. Bird: Second. Corrie: Motion is made by Mr. Rountree second by Mr. Bird to continue the Ordinance #809 and I assume tonight the first reading on that one. ,Any further discussion? Hearing none, all those in favor of the motion say aye? MOTION CARRIED: All ayes. Corrie: Mr. Clerk would you like to read the title to Ordinance #809? Berg: Thank you Mr. Mayor. (ORDINANCE #809 WAS READ) 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 5.4 ACRES FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION BY RUBBLE ENGINEERING - NW OF EAGLE ROAD / I-84 INTERCHANGE AND WEST OF EXISTING TEXACO: Corrie: Shari, staff report and recommendations. Stiles: Mr. Mayor and Council you have received a letter from the applicant's representative regarding the Findings of Fact and Conclusions of Law. The condition i ~ Meridian City Council January 5, 1999 Page 17 does still remain in the Findings that the conditional use permit will be required for each lot on the subdivision. The applicant's representative and I have not had time to sit down together and discuss the development agreement and we are also waiting from the applicant some covenants that can some of the conditions could be incorporated in the development agreement so I would request that you table items 8, 9 and 10 to your meeting of January 19, 1999. Bentley: Mr. Mayor I would move that we table items 8,9, and 10 concerning the Midvalley Business Park until January 19th, 1999. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to table items 8, 9, and 10 recommendation of staff until 1/19/99. Any further discussion? Gigray: Mr. Mayor and members of the Council point of procedure. Given the comments received here it may be in the best interest of all to have the Council reopen the public hearing on this matter to receive the additional information. So that you have a record before you of that additional information so that you can make a final decision on this matter, and I believe the effected property owners would be entitled to notice of that because you cannot open a record back up once you've closed it unless you reopen it, but if you direct the City Clerk to reopen this or that you direct that this be reopened and that the Clerk give notice of continued public hearing and serve affected property owners, I believe we'd be in compliance with state law and our city ordinances to receive additional information. It's not a problem with the development agreement. It's not a problem with the preliminary plat. The issue has to do with the zoning designation and that's where we have the public hearing that first item for your consideration for Findings of Fact and Conclusions of Law and Order of Decision in relation to zoning. Corrie: So we just need a public hearing on item 8 then? Gigray: Right I mean you just reopen the public hearing. You had one before and then you'll have to give the 15 day notice, which means you'll probably have to move this into February. Corrie: Do we need any motion to -well we better start all over again. Have Mr. Bentley remove his motion from the floor and then we get the second to - Bird: I remove my second. Bentley: Mr. Mayor I would move that for item number 8, Midvalley Business Park Subdivision that we instruct the Clerk to reopen and post the public hearing for the Meridian City Council January 5, 1999 Page 18 Findings of Facts on the annexation and zoning, the 5.4 acres and schedule that for the first meeting in February, which is February 2" . Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to have item number 8 be reopened at the public hearing for the Findings of Fact and Conclusions of Law to be given. The meeting would be February the 2"d, 1999. Any further discussion? Gigray: Just a point of information Mr. Mayor and members of the Council. I think all the clerk would need to do is just send notice of continued public hearing with the same notice he provided before. In other words, the application is the same. Nothing has changed there. There's no material change, but that notice will show that you will be receiving additional testimony at that point in time. Corrie: Any further discussion? Hearing none, all those in favor of the motion say aye? MOTION CARRIED:. All ayes. 9. DEVELOPMENT AGREEMENT - MIDVALLEY BUSINESS PARK SUBDIVISION: 10. ORDINANCE #810 -ANNEXATION AND ZONING OF MIDVALLEY BUSINESS PARK SUBDIVISION: Corrie: I'll entertain a motion for items 9 and 10. Bentley: Mr. Mayor, I move that we table items 9 and 10 concerning Midvalley Business Park development agreement and ordinance #810 until 2/2/99. Anderson: Second. Corrie: Motion made by Mr. Bentley second by Mr. Anderson -point of order Mr. Attorney, can we go ahead and do that by putting new Findings and Facts out before we do that? Gigray: Mr. Mayor and members of the Council I think it's a good idea to table it to a date certain. Whether or not we will be in a position to finalize all of those things at that point in time I don't know, but you can always table it back one more meeting and this kind of keeps it in attention, and I think it's probably a good motion. Corrie: Any discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. MIDVALLEY BUSINESS PARK • INTRODUCTION • SUMMARY OF PROJECT TO DATE • Annexation and rezone; preliminary plat; conditional use permit • Submitted application in September, 1998 • Recommendation from P&Z hearing in October, 1998 • Adoption of P&Z findings in November, 1998 • Approval by City Council in December, 1998 • Findings tabled from January, 1999 to February 1999 • TWO ISSUES TO DISCUSS TONIGHT • REMOVAL OF CONDITION ON CU REQUIRING COMPLETION OF ROAD PRIOR TO OCCUPANCY OF RUBBLE OFFICE BUII.DING (see minutes handout) • REMOVAL OF REQUIREMENT FOR CONDITIONAL USE PERMITS ON ALL REMAINING LOTS WITHIN SUBDIVISION 1. Council approved annexation and stated that they would consider removing Conditional Use Permit requirement if developer and staff drafted developer agreement 2. Met with City Attorney and Staff with proposed developer agreement (see copy attached) 3. Provided City with updated Covenants as requested 4. Have agreed to all requirements and conditions associated with this project • MUST HAVE DISCISSION TONIGHT ON PROJECT • Have worked with ACRD on our portion of new road • Have met all procedural requirements from City of Meridian • Ground breaking scheduled for April • Existing office building placed on Market • Architect designing new building • Proposed for occupancy in November, 1999 -- • PLEASE ADOPT ORDINAI~TCE TONIGHT • WAIVE THREE READINGS RULE f: constructed. Future development in this area will need to have proper access to the traffic signal. .. ;~ rovide that the access road to the signal light on Eagle Road must be in place prior to occupancy of the development. 1.15 Requires that all fire codes be met. Since the shop is over 500 feet there will need to be one additional fire hydrant. 1.16 The City needs to connect a new water source to this closed system prior to any more development in this area. 1.17 The Applicant obtain written approval for the central sewage and central water prior to approval of the conditional use permit. 1.18 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality. 1.19 Run-off is not to create a mosquito breeding problem. 1.20 Stormwater must be pretreated through a grassy swale priorto the discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.21 The existing septic system must be properly abandoned ,pursuant to the Subsurface Sewage Disposal Regulations. 1.22 Requires all laterals and wasteways be protected. 1.23 All municipal surface drainage must be retained on site. 1.24 If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 1.25 The developer must comply with Idaho Code 31-3805. 2. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS RUBBLE ENGINEERING / MIDVALLEY BUSINESS PARK SUBDIVISION - 6 2 s ~ ~~ Meridian City Coun December 15, 1998 ~~ Meeting Page 24 no need for the questions for access from the stoplight there befo me? Cowie: None re they occupy that prOpertY~ An those that would I ke to tesk Y that Mr. You. Anyone else Sale. tlfy against the g wlsh to testify in favor? , 9 or 10? Neutral testimon .Hearin LARRY 9 none, all SALE, ACHp, Y, yes, we'll take is Lar This would be rY Sale. ~l m neutral gender. Mr. Idaho. We have with the Ada Coun Mayor and a post office tY HI hwa members of the Council There's been now. g Y District, 318 rn , m intersection with me discussion I d like to offer E• 37 Street y name Ea Ie about the a few comments about t earoad. City' one We've all been talkiROad. Throw proposed road from Ma driveWa g about for gh a meeting of the develo gIC V1ew up to an y We have a commitment from thale of per of the first lot ,the waY to the highwa Years, up across from , Mr. Beetle y district and to build the half r ald I St. Luke s Y was per to dedicate or sell the ri discuss that with questioning a while a pus 12 feet that either the second lot throuu wh g°' And if ght-of- y we do that. We have Y°u'd like after the Mr• Bird or and Allen Street to se I us the the ro_ ad a verbal co meeting I can can now would extend down the Irate sect on the owner of occur, and when ght ~ ~ aSynte that we're relative) a procedure and thin needed, of Magic view 9s like that because rested in Y ssured that the road regard to the fees for we have Your earlier stru those fees and ho~v this area, and we're a bIt of that ggles with fees or to use to elect the proceeding cautious blem right now with the ci m• Whether they alight be Y with Just how to identify really just a na tY s term, a lateco called e Council can a me. The dollars all re mers fee. We're xtraordinary im ppreciate main the same pursuing both those pact every acre in that subdivision becaus 'but as you and I' and it is and second) proceed in a manner that's first of m sure An y obviously t0 e they probabl all e Your Yway that may not haveproceed in a manner that s le°n~t all be develo qultable to and we think that will hel told ped similarly a slow) p this you a whole lot, but we gal and all that sort of thing. Y enou whole area a bit. think the road is several gh SO that traffic will build u We ex 9oing to ha months that it will take to p gradual) pect the develo peen questions? y and we can pment to occur in get the road in place. afford to take Does Council have an a few to Bird: Magic View can handle this Y additional traffic okay without the oth Sale: Mr. Ma or traffic. The Y 'Councilman er road bein ~ problem is one Bird, Magic View has gin . itself. Persons t of con plenty °f ca but traffic turnip rying t0 turn gestion, convenience paclty to handle this g info north will have increasin and safet Magic View Y at the intersection will be able to sto g difficulties and risks in Join p and wait for gaps in the g so, traffic and '2 v r ~ • i Meridian City Council Meeting December 15, 1998 Page 25 they can turn in relatively easily until some more traffic builds up on Eagle Road. But trafficturning out will be a bit of a problem. Anything else? Corrie: I'm going to ask you a $64,000 crystal ball question. What do you think our chances are of getting a traffic signal at Magic View? Sale: I'd say somewhere between slim and none. Corrie: That's pretty good. We get a chance then. There's an awful lot riding out there you are well aware of that. Sale: Yes, sir. Corrie: All right thank you. Staff any comments on any of the annexation, conditional use permit that you've heard this evening? Stiles: Mr. Mayor and Council I guess if there's any questions that you have of me. They have made the proposal not to have the conditional use permits. I guess I have mixed feelings about doing that. They've been real effective in .some areas. In some areas where you can really tie down the development agreement and the covenants, it hasn't been necessary, but as far as some of the impact on the neighbors out there, one gentleman testified that he would like to be a part of some review of what else goes out there and that's not going to be possible unless they do the conditional use permit, but I'll leave it up to your discretion as whether you think the development agreement they've submitted is adequate and I would like to mention on page 7, we have discussed one of these items that should be crossed out as a permitted use would be number nine, planned commercial developments. The interpretation of what is a planned commercial development is too vague and if they do a planned commercial development out there, it should be under the conditional use process, but take a look at those 15 items and I guess if the Council is comfortable with allowing all those uses with no further review, that's really what you are deciding as far as the conditional use process. Rountree: Mr. Mayor, Shari, if we got to a point with the development agreement and the covenants as we did with the Troutner Business Park would your level of comfort increase and secondly do you see that we could get there with this particular development? Stiles: Councilman Rountree, Mayor and Council, I don't think it's- impossible. If this developer is willing to in fact develop the subdivision, I guess I'm not entirely ___ comfortable that they intend to do that. I think it's more a matter of they intend to sell lots off to other developers and may lose some of the control or some of the safeguards that are in place. Of course if the development agreement is tied down enough relating Y y • ~t ~ • Meridian City Council Meeting December 15, 1998 Page 26 to particularly signage, landscaping, access, I don't think it's insurmountable, I'm still not at that level of comfort that I was with Troutner Business Park. Corrie: Any further questions of staff or testimony that you've heard tonight? Bird: I have none. Gigray: Mr. Mayor, just a matter of staff comment. If the consideration is the development agreement, I noticed the form in here I think was proposed by Hubble Engineering, and one of the things we're trying to do is standardize the form of our development agreements we could retrofit into our form without changing the essential development terms I would propose we do that. Corrie: Any more questions, -I'll close the public hearing and open for discussion of Council. I guess we don't have any discussion on this. I'll open the first one then for the annexation and zoning. I'll entertain a motion to close the public hearing. Rountree: Mr. Mayor I move that we close all three public hearings. Anderson: Second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to close all three public hearings. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Okay the first one is the annexation and zoning. You again can have your four choices, the continuation of the public hearing, accept the recommendation of the Planning and Zoning, modify the recommendation of Planning and Zoning, or deny the application. Bird: I move that we accept the recommendation of the Planning and Zoning Commission with one exception, and that is the rule of the road being put in and request Findings of Fact and Conclusions of Law by the city attorney for annexation and zoning of 5.4 acres at Midvalley Business Park Subdivision and a development agreement with that also. Corrie: Do I hear a second to that motion? Rountree: I'll second it. -- ~. r [ Y Meridian City Council Meeting December 15, 1998 Page 27 .Corrie: Motion made by Mr. Bird second by Mr. Rountree. Are there any further discussions on the motion as stated? Rountree: For the assistance of the city attorney, would he like input at this point on the terms and conditions of the development agreement that might come forth out of this preparation process, modifications that we might want to make in the developer's development agreement and my information only allows me to comment on one of three pages because I don't. have the entire agreement. Or can we defer that and discuss that after the development agreement has been prepared in draft form and deliberated at a later date. Gigray: Mr. Mayor, Councilman Rountree you could do it either way. If ou wanted give me some direction at this point you can, or if you wish us to proceed with the to information we have, we can do that because you won't pass it until it's back before you for a resolution. Rountree: Right. Mr. Mayor, (inaudible) question. Corrie: Any further discussion? Bird: I have none. Corrie: Okay no question been called for -let's have a roll call vote. ROLL CALL VOTE: Bird, yea. Bentley, yea. Anderson, yea. Rountree, ea. Y MOTION CARRIED: -All ayes. .Corrie: Now on the preliminary plat. Council has the relimina p ry plat. You can move to approve, conditionally approve, deny or continue for 45 day. maximum on the final plat and the city attorney will prepare the appropriate ordinance in conference with this decision. and Mayor be empowered to sign necessary to carry out the decision and the City Clerk serve a copy of the ordinance on the applicant, the planning and zonin director and any interested party requesting the (Inaudible). So just to break that down, you can approve the final plat subject to the conditions that you should be specific or you can approve them without the conditions. This is the preliminary plat. Bentley: Mr. Mayor I have a question and this is for the Counselor. In approving the preliminary plat if we establish conditions, do the conditions if we get the development agreement come back, and we make changes to the draft form of the development _ agreement, could we pick up other conditions that we may not attach to the preliminary plat. 6 Meridian City Council Meeting December 15, 1998 Page 28 Gigray: Mr. Mayor,. Councilman Bentley, members of the Council, if you approve the preliminary plat at this time subject to conditions or without conditions and the conditions that I'm looking at were in the recommendation to City Council by the Planning and Zoning Commission that you have before you as part of the record, that approval will be stated here in those specific conditions if you adopts those or whatever they are would go with that preliminary approval and they would have aright-then to move forward for approval of the final plat as long as they met those conditions. So if there were conditions that you felt needed to be resolved with the development (End of Tape) Gigray: .:.the development agreement to assure there isn't any confusion or disagreement about any of those terms and conditions. I just don't know whether there are any or not. Bentley: Thank you. Rountree: Are we all in the right spot in our choir books here? Bird: We are all going to sing from the same page at least. Rountree: Mr. Mayor, I would move that we approve the preliminary plat subject to the conditions that would come through (Inaudible) for me, development agreement. Bird: Second. Corrie: Motion made by Mr. Rountree, second by Mr. Bird, to approve the preliminary plat subject to conditions that are on the development agreement. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Bentley: Point of clarification, the development agreement is the development agreement that is prepared by the city attorney. Is that the one that you are referring to, not the one that Hubble turned in. Rountree: Correct Bentley: Thank you. Stiles: Mr. Mayor and council, I just wanted a clarification on the annexation and zoning-- you made the motion that you would approve the annexation and zoning taking out the requirement for the road to be constructed and with the development agreement but .}~,, „ • '~ Meridian City Council Meeting December 15, 1998 Page 29 didn't specify if you were approving a development agreement in lieu of conditional use permit or were still going to require that as noted on page 18 of the findings. Bird: Mr. Mayor, I thought the conditional use permit had to be a separate item. Gigray: I think for purpose of clarification, Mr. Mayor and member of the council, I think the question that is being asked by the Planning and Zoning Administrator is simply one of the recommendations the Planning and Zoning Commission would be that that development agreement would require a condition that the conditional use be applied at every single lot that is in this development and I believe that is one of the objections that was raised by the applicant that they shouldn't be relieved of that requirement and it would make a difference which way we would draft that. I can still draft it one way and you could decide that you want to change it or whatever till you adopt that development agreement. I still have that yet to go. Bird: That slipped over me. Rountree: My position on that and Bill is correct that we leave the conditional use requirement in there. If in the drafting of the development agreement and the execution of that agreement with the developer language is included in the agreement that is consistent with our needs for landscaping access. Some degree of control over design. We could handle it similar to what we did in Troutner remove that from the conditional use permit requirement from the development agreement. Gigray: Members of the council, that's how I would understand your motion because you accepted their recommendation other than the one regarding the road. That's the one that we would take out. Bentley: That was my intent. Corrie: I think that's the simplest way to take care of it. ITEM NO. 10: REQUEST FOR CONDITIONAL USE PERMIT FOR 24; 560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND PARKING BY NUBBLE ENGINEERING. -621 ALLEN STREET, NORTH OF I-84 AND WEST OF EAGLE ROAD: Corrie: Then we are on the conditional use permit, you can either continue the public hearing and request for more information, accept the recommendation of Planning and Zoning Commission and Findings of Fact and Conclusions of Law, or you can modify - the recommendation of the Planning and Zoning Commission, or you may deny the conditional use permit. I'm sorry, I'll get it here in a minute. I'm on the annexation. You ~. Meridian City Council Meeting December 15, 1998 Page 30 can continue or table the proceedings, deny the application or grant the application subject to reasonable conditions. Rountree: It seems that on this particular application we're caught in between process changes. Given that, I would move that we accept the Findings of Fact and Conclusions of Law as prepared before us and presented to us by Planning and Zoning. Bentley: Second. Corrie: Motion is made by Mr. Rountree, second by Mr. Bentley that we approve the conditional use permit on the Findings of Fact and Conclusions of Law with Planning and Zoning. Discussion Mr. Gigray? Gigray: Mr. Mayor and member of the council, I would recommend that you could go ahead and approve the findings of fact and conclusions of law. I would recommend you withhold the granting of the order of conditional use permit until we have effected an annexation and zoning because I would not recommend that you grant a conditional use permit until it is zoned and annexed within the city and we just hold that part of the action until the other is completed. Corrie: Mr. Rountree is that what you would like to do? Rountree: So noted, we will not move forward with the decision at this point in time, but accept the Findings of Facts as they are. . Gigray: I'll prepare at your direction necessary order which it would be submitted in a future council meeting once the other action has taken place. Corrie: Any further discussion? Hearing none, I'll roll call vote. ROLL CALL: Bird -yea, Bentley -yea, Rountree -yea, Anderson -yea. MOTION CARRIED: All yea. Bentley: I move that we take a ten minute break. Rountree: Second. Corrie: Motion made and seconded to take a break. (BREAK) Corrie: I will call the meeting back to order. 9 ,' ~` DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this "A and entered into this day of 1999 by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and HUBBLE ENGINEERING, INC., an Idaho Corporation, hereinafter called "DEVELOPER", whose address is 9550 Bethel Court, Boise, Idaho 83709. RECITALS: 1.1 WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, LC. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or developer make a written commitment concerning the use or development of the subject property; and 1.3 WHEREAS, CITY has exercised its statutory authority by the enactment of Ordinance 11-2-41 6L and 11-2-41 7D, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, DEVELOPER has submitted an application for annexation and zoning of the Property's described in Exhibit A, and requested a designation of General Retail and Service Commercial (C-G) ,11 -2-408 (11) (Municipal Code of the City of Meridian), with a conditional use permit and has submitted a site plan in connection with the development of the property, which site plan is subject to specified terms and conditions, has been recommended for approval by the Meridian Planning &. Zoning Commission to the Meridian City Council; and 1.5 WHEREAS, DEVELOPER made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT PAGE 1 MIDVALLEY BUSINESS PARK SUBDIVISION /o ~ • 1.6 WHEREAS, record of the proceedings request for annexation and zoning designation of the subject Property held before the Planning &. Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 5th day of January, 1999, has approved certain Order Approving the Findings of Fact and Conclusions of Law of the Planning and Zoning Commission and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the DEVELOPER enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, 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 1.10 WHEREAS, CITY requires the DEVELOPER to enter into a development agreement for the purpose ensuring that the property is developed and the subsequent use of "the Property" is in accordance with the terms and conditions of this development agreement, herein been established as a result of evidence received by the City in the proceedings for annexation and 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 #62 9, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT MIDVALLEY BUSINESS PARK SUBDIVISION PAGE 2 I/ } ~_ +~ r~ 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. USES PERMITTED BY THIS AGREEMENT: 31 The uses allowed pursuant to this Agreement are those uses allowed under CITY's Zoning Ordinance General Retail and Service Commercial -G) codified at section 11-2-408 (11) Municipal Code of the City of Meridian. 3.2 DEVELOPER agrees that this Agreement specifically allows only the uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and which uses are specifically incorporated herein. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4. DEVELOPMENT IN CONDITIONAL USE: DEVELOPER 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 any buildings or improvements on the Property that require a conditional use permit. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 DEVELOPER shall develop subject Property including the obtainance of the appropriate permits and compliance with CITY ordinances regarding the building permits and other life safety codes applicable to such development in accordance with the following special conditions: 5.1.1 That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit A, construct a commercial subdivision as specified on the preliminary plat of Midvalley Business Park Subdivision. DEVELOPMENT AGREEMENT MIDVALLEY BUSINESS PARK SUBDIVISION PAGE 3 2 ~ r . ~ i 5.1.2 All uses not specified within the development agreement will be developed under the conditional use permit process as planned developments. Those principal permitted uses listed herein will be exempt from the conditional use permit process, but shall be subject to design review by the City of Meridian. 5.1.3 Sanitary sewer service to this site will be via an extension from the existing line in Magic View Drive. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerlines. 5.1.4 Water service to this site will be via extension of the existing main in Magic View Drive. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 5.1.5 Graphically depict proposed easements on the plat; Note 2 does not designate widths and is unclear. The property lines for the existing lot in Magic View Subdivision extend to the centerlines of the roadways; the road are currently easements. Revise the plat to show the appropriate existing property lines and dedication of the roadways as public rights-of--way. 5.1.6 The 20•foot width shown is not adequate for a driveway. Revise Lot S, Block 1, to a minimum frontage of 30 feet. 5.1.7 Revise street names to conform to the requirements of the Ada County Street Name Committee (i.e., add directional designations). 5.1.8 Add a note showing that all lots in this subdivision are subject to the terms of a development agreement recorded as in the records of Ada County, Idaho. DEVELOPMENT AGREEMENT PAGE 4 MIDVALLEY BUSINESS PARK SUBDIVISION l3 • 5.1.9 The Registered Land Surveyor needs to stamp, sign and seal the preliminary plat. 5.1.lOProvide 5' wide sidewalks in accordance with City Ordinance Section 1 1-9-606B. 5.1.11 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605M. The ditches to be piped should be shown on the plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 5.1.I2Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 5.I.13Coordinate fire hydrant placement with the City of Meridian's Public Works Department. 5.1.14Indicate on the final plat map any FEMA floodplains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 5.1.I5Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is to remain a private owners association system, plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system 0 SL M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. DEVELOPMENT AGREEMENT PAGE 5 MIDVALLEY BUSINESS PARK SUBDIVISION /Y i If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5.I.16Show the master street drainage plan for the project, including method of disposal and approval from any affected drainage district. 5.1.17Roadway and roadway approaches to be approved by the ACRD. 5.1.180ff-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 5.1.19Paving and striping shall be in accordance with. the standards set forth in Sections 1 1-2-414.D.4. and 11-2- 414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5.1.20A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. 5.1.21 nii ~ •«t,• *~. ,_ ,. _ .. .......a:.:.. ,.i e All lots within this subdivision that are developed with uses not ~ecifically exempted through the development agreement shall require a conditional use permit in accordance with the Meridian Comprehensive Plan. 5.1.22A11 construction shall conform to the requirements of the Americans with Disabilities Act. 5.1.23Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In DEVELOPMENT AGREEMENT PAGE 6 MIDVALLEY BUSINESS PARK SUBDIVISION addition to these assessments, water and sewer "Late Corners" fees will be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 5.1.24No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 5.1.25 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 1 1-2-414.D.3. 5.1.26A11 signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. All signage will be subject to design review. 5.1.27Provide five-foot sidevvalks within the development in accordance with City Ordinance Section 1 1-9-606.B. 5.1.28A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Revise the landscape plan to indicate what the landscaping symbols represent in relation to the plant schedule. The plant schedule to indicate 3" caliper minimum. 5.1.29Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 5.1.30Public roadway is planned north of the proposed Idaho Power Credit Union; however, it is unknown at this time when the remainder of the public roadway needed to Provide public access to the traffic signal on Eagle Road will be constructed. Future development in this area will need to have proper access to the traffic signal. 5.1.31 A development agreement is required as a condition of annexation to insure that the development considerations herein found DEVELOPMENT AGREEMENT PAGE 7 MIDVALLEY BUSINESS PARK SUBDMSION reasonable are enforced. 6. SPECIAL CONDITIONS: DEVELOPER agrees to the following special conditions and development requirements: 6.1 CONDITIONAL USE PERMITS: DEVELOPER acknowledges and agrees that only the following listed principal permitted uses shall be allowed on this property without conditional use permit approval, subject to compliance with design standards within the Meridian Zoning Ordinance and the specific ~ecial conditions in the development agreement: a. Accounting Services; b. Administrative Services; c. Bakery Stores; d. Banks or other Financial; e. Clinics (Medical, Dental & Optical); f. Hotels; g. Laundries, Commercial; J h. Motels; i. Professional ~ Sales Offices; j. Publishing &. Printing Facilities (small); 1c. Restaurants; 1. Retail Stores; m. Veterina Clinics ~ Hos itals• n. Wholesale Facilities. DEVELOPER acknowledges and agrees that all other uses not specificall ly fisted above will be required to submit to the CITY an application for Conditional Use pursuant to §11-2-418 of the Meridian Zoning and Development Ordinance, and obtain the CITY's approval thereo f prior to, and as a condition of, the commencement of construction of anX buildings or improvements on the Subiect Property intended for retail or other uses it being acknowledged that DEVELOPER has submitted an application for a Conditional Use Permit for the development of a professional office building on Lot #1, which application has been approved subject to the execution of the Development Agreement and the annexation of the Subject Property. 6 2 LANDSCAPING: DEVELOPER agrees to provide a twenty foot (20') landscaping buffer along the entire western boundary of Lots 1, 4 and 5 of the subdivision and an eight foot (8') landscaping buffer along the entire northern and eastern boundarti of Lots 1, 2, 3 and 4 DEVELOPMENT AGREEMENT PAGE 8 MIDVALLEY BUSINESS PARK SUBDIVISION i~ i • of the subdivision upon their development. In addition, each individual lot, when devel~ed, shall provide for a minimum of ten percent (10%) of the total developable area as open space landscaping .A11 landsc~ing provided shall meet the specific requirements of Titles 9-607(5) and 9-607(6) of the Meridian Zoning Ordinance Landscaping shall be maintained by each individual lot owner The developer of each lot within the subdivision shall submit a detailed landscaping plan to the City of Meridian for review Rrior to development. 6 3 LIGHTING• DEVELOPER agrees that each lot within the subdivision, upon development, shall be subject to the specific requirements of Title 2-414D(3) of the Meridian Zoning Ordman_ce pertaining to Lighting_Design Standards for Off-Street Parlan~. The develo er of each lot within the subdivision shall submit a detailed lighting flan to the City of Meridian for review prior to development. 6 4 FENCING• DEVELOPER agrees to construct a six foot (6') high screening fence along the entire western boundary of Lots 1, 4 and 5 of the subdivision The maintenance and upkeep of the fence shall be the responsibility of the established property owners association. Once the .propert~to the west is developed as a commercial use, each lot owner in this subdivision may negotiate the removal of the fence with the property owner(s) to the west The construction of the fence shall be subject to the specific requirements of Title _9-605 of the Meridian Zoning Ordinance. 6 5 PARIQNG• DEVELOPER agrees that each lot within the subdivision, upon development, shall be subject to the specific requirements of Title 2-414 of the Meridian Zoning Ordinance pertaining to Off Street Parking The amount of off-street parlan spaces rewired will be subject to the Schedule of Parlang Space Requirements established in Title 2-414(E) and based on the type of use for each lot in the subdivision The developer of each lot within the subdivision shall submit a detailed parking plan to the C~tv of Meridian for review prior to development. 6 6 SIGNAGE• DEVELOPER agrees that the location and placement of all signs on each lot are subject to the regulations set fourth m the Uniform Sin Ordinance as adopted in Title 2-415 of the Mendian DEVELOPMENT AGREEMENT MIDVALLEY BUSINESS PARK SUBDMSION PAGE 9 ~8 • Zoning Ordinance. Detached, freestanding signs shall be limited in height to ten feet (10') for each lot within the subdivision. The developer of each lot within the subdivision shall submit a detailed sign plan to the City of Meridian for review prior to development. 6.7 MERIDIAN ORDINANCES:- __ DEVELOPER a~xees that, upon development, each lot owner within the subdivision shall develop their lot in a manner that meets all requirements of the Meridian Zoning Ordinance. Specifically, the developer shall adhere to building setbacks, height restrictions, design criteria and allowed uses for the C-G zone. 7. INSPECTION: DEVELOPER shall, immediately upon completion of any portion or the entirety of said development of the Property, 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. 8. COMPLIANCE PERIOD! CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon failure of DEVELOPER or Developer's heirs, successors, assigns, to comply with the commitments contained herein within two (2) years, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall occur unless CITY provides written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of such notice. The two (2) year period of time for compliance may be extended by CITY for just cause and upon notification for such by DEVELOPER, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. 9. RE_~UIREMENT FOR RECORDATION: CITY shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPER'S cost, and submit proof of such recording to DEVELOPER, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property DEVELOPMENT AGREEMENT MIDVALLEY BUSINESS PARK SUBDMSION PAGE 10 19l~ ~ t • 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. SI-10. ZONING: CITY shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. X9:11. DEFAULT 10.1 In the event DEVELOPER, DEVELOPER's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connections with the Property, this Agreement may be modified or terminated by the CITY upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by CITY of any default by DEVELOPER of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of CITY or apply to any subsequent breach of any such or other covenants and conditions. -~1-:12. REMEDIES. This Agreement shall be enforceable in any court of competent jurisdiction by either CITY or DEVELOPER, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. -~ 12.1 In the event of a material breach of this Agreement, the parties agree that CITY and DEVELOPER shall have thirty (30} days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute DEVELOPMENT AGREEMENT PAGE 11 MIDVALLEY BUSINESS PARK SUBDMSION Zo ~r • the curing of same with diligence and continuity, then the time within such failure may be cured shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. ~?-13. SURETY OF PERFORMANCE: The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure that installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. x:14. CERTIFICATE OF OCCUPANCY: That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased developed; in any event, no Certificate of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. -1~4-15.ABIDE BY ALL CITY ORDINANCES: That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his 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. x:16. Notices: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT PAGE 12 MIDVALLEY BUSINESS PARK SUBDIVISION {. r ~ ~ ~ ~ ,Y • • CITY: c/o City Engineer City of Meridian City 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPMENT AGREEMENT MIDVALLEY BUSINESS PARK SUBDIVISION DEVELOPER: Hubble Engineering, Inc. c/o Bill Johnson 9550 Bethel Court Boise, Idaho 83709 PAGE 13 ZZ ~~ .~ with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 ~-1.16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. -~-18.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. X5-19. 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 each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. CITY agrees, upon written request of DEVELOPER, to execute appropriate and recordable evidence of termination of this Agreement if CITY, in its sole and reasonable discretion, had determined that DEVELOPMENT AGREEMENT MIDVALLEY BUSINESS PARK SUBDIVISION PAGE 14 23 r •, ~ ~ DEVELOPER has fully performed its obligations under this Agreement. -1-9-20.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 therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER's development of the Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties from any obligations hereunder. 2&21. Final Agreement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between DEVELOPER and CITY relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between DEVELOPER and CITY, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to CITY, to a duly adopted ordinance or resolution of CITY. 2~A:~21.2 No condition herein provided can be modified or amended in connection other than as provided for herein and after public hearing by the City Council, in accordance with the notice provisions provided for zoning designation or amendment under enforcement at the tame. 2-22. Effective Date of Bement. 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 MIDVALLEY BUSINESS PARK SUBDMSION PAGE 1 S Z ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties hdavde herein executed this agreement and made it effective as herein above prove RUBBLE ENGINEERING, INC. an Idaho Corporation BY: BY: Attest: BY RESOLUTION NO. CITY OF MERIDIAN BY: Mayor Robert D. Cowie Attest: City Clerk BY RESOLUTION NO. PAGE 16 DEVELOPMENT AGREEMENT MIDVpLLEY BUSINESS PARK SUBDIVISION -zr ~ ~ R ~~ STATE OF IDAHO } ss COUNTY OF ADA ) On this day of in the year ,before me, , a Notary Public, personally appeared and of Hubble Engineering, Inc., known or identified to me to be the and , of said Hubble Engineering, Inc., Ada County, State of Idaho, and also who executed the instrument or the person that executed the instrument on behalf of said Hubble Engineering, Inc., 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 ,before me , a Notary Public, personally appeared Robert D. Come and William G. Berg, known 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 on behalf of said City, and acknowledged to me that such City executed the same. (SEAL) DEVELOPMENT AGREEMENT MIDVALLEY BUSINESS PARK SUBDIVISION Notary Public for Idaho Commission expires: PAGE 17 '~. n 6A ,,, jC1~~10 ~i1Ll~lilSS The Idaho Business Review Sla=his year to build Hubble, le IRd. ~-g4. at Eag By Brad Carlson nit became The Idaho Business Review apparent that We Hubble Engineering, aBoise- based entity that provides residen- tial and commercial development services in Idaho and Utah, has ac- quired five acres on the west side of Eagle Road near Interstate 84 in Meridian and will consolidate its various- affiliates in a building to be constructed there by year's end. Founder Don Hubble and community planner Wayne For- ney, of recently formed affiliate Providence Development Group, said a one-story building of 25,000 to 26,000 square feet will be constructed there starting in April or-May. Move-in is antici- paced in December. Employees of Hubble Engi- neering, Cherry Lane Homes, Empire Group and Providence De- velopment Group will occupy the new building. Cherry Lane and Empire now are based at Nampa. Nampa architecturalts f ith needed a. more central site." - Wayne Forney ganizations," Hubble said. Staff at Cherry Lane Homes has grown from seven to the cur- rent 25 in the past year, he said. The company is starting more than 30 homes per month throughout the Treasure Valley, up from around 10 fairly recently. It intends to increase this to 40 per month this year. Empire Group was formed re- cently as a division of Cherry Lane Homes to specialize in de- veloping larger family homes in the higher price brackets. Empire posted roughly $2.5 million in housing starts last year, Hubble said. Another Hubble/Cherry Lane affiliate is Cherry Lane . m Properties, which markets Cherry e Lane products and those of other client builders. Also part of the Hubble Engi- neering staff are roughly 10 peo- ple with Providence Development Group. That affiliate was created late last year to focus on residen- tial land development. and Maple Grove Roads, Forney said. The company employs more than 100 people. Hubble said he expects to expand staff to around 150 in the next five years. At the new location, Hubble Engineering may save part of the property for sale to other entities, or for a facility it would build to suit another tenant, Hubble added. Originally the company in- tended to build the consolidated fa- cility at New Century Business Park; on Vinnell Way in the southeast quadrant of Overland and Maple Grove roads in southwest Rnice. Olson & Associates et to be designer. Abuilder is y selected. ~ Hubble Engineering will sell its current facility, a west Boise building of about .10,000 square feet at 9550 W. Bethel Court in the northwest quadrant of Franklin Providence was formed partly in response to a trend toward fewer lots being available to builders as a result develo Bd ~ by area land being P owner-builder teams. "This is a real force in the market;' said Forney. A former longtime community planner who has worked for the state of Idaho and the city of Meridian at different points in hie career, Forney said the goal of the specialized Providence entity is U be efficient, cost-effective an• timely in getting a new home to customer. Clients have include t,nme buyers as well as land own Send y®~~' n®rrlina~~on to 'fl~le Ids ldahv's 1Nv 1. Nominee: 2. Name of business: 3. Address: -- 5. Wk Ph. 4. City - 7. Nominated by: --- 9. Relationship to nominee (self-nominations are 10. Other principals in the business: _------ 11. Describe type of business: 12. Describe nominee's specific role in the busine l 13. Year business was founded: ---- full time 15. Number. of employees: ---- Please use additional paper 1 ' 16. Describe the origin of the idea and/or > 17. Describe the btsiness stmt-up or proc 1 lg, Describe. the evolvement of the busing a a involvement) to the present time (inc - geographic territory, customer base,, e _ a 99 - ._ ._.~.. nH A Entreprene of the-Year r MERIDIAN CITY COUNCIL MEETING: APPLICANT: NUBBLE ENGINEERI REQUEST: ANNEXATION AND ZONI AGE CITY CLERK: 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: ITEM NUMBER: COMA ~ ~~~ ml ~uT~S w°ti~ ~Iw ~'~,,~^` C ETHER: ro ert of the City of Meridian. All Materials presented at public meetings shall become p p y IV1~ Meridian City Council Meeting December 15, 1998 Page 20 8. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 5.4 ACRES FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION BY NUBBLE ENGINEERING - NW OF EAGLE ROAD / I-84 INTERCHANGE AND WEST OF EXISTING TEXACO: 9. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION BY RUBBLE ENGINEERING - NW OF EAGLE / I-84 INTERCHANGE AND WEST OF EXISTING TEXACO: 10. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND PARKING BY RUBBLE ENGINEERING - 621 ALLEN STREET, NORTH OF I- 84 AND WEST OF EAGLE ROAD: Corrie: So at this time I will open up the public hearing for items 8, 9, and 10. I invite a representative from Hubble Engineering to come forward. SHAWN NICKEL, RUBBLE ENGINEERING Nickel: Mr. Mayor and members of the Council, thank you for the opportunity tonight to speak in front of you. My name is Shawn Nickel. I'm a land use planner with Hubble Engineering, 9550 Bethel Court in Boise. With me tonight is Mr. Bill Johnson, an engineer with Hubble Engineering. He'll be available for any questions we might have regarding engineering of this project. Tonight we have three applications before you. An annexation and zone change, preliminary plat and a conditional use permit. The annexation and rezoning is of 5.4 acre parcel described as lot 10 of Magic View Subdivision. The zone change would be from R-T, which is rural transition, a county zoning designation to C-G, general retail service commercial. The zoning we request complies with the Meridian Comprehensive Plan which designates the area as mixed planned use development with the probable uses consisting of commercial, residential, office, medical and industrial uses. The annexation and zoning is compatible with existing land uses in the specific area referring to the existing Texaco convenient store, restaurant and the proposed hotel to the east of our project. The preliminary plat before you this evening consists of five lots on the 5.4 acres. Lot one is proposed to be 2.57 acres in size and will have direct access on to Allen Street. Lot one will be developed for Hubble Engineering's corporate office. Lots two through five will be developed with uses allowed in the C-G zone as they are sold off. Sewer and water is available to this property and will be provided to each of the lots. ACRD has reviewed the subdivision, and we will adhere to their requirements including dedication of right-of-way improvements on Allen Street and Magic View and extra impact fees required for the improvement of Allen Street Eagle. Road connection. This subdivision plat complies with the Comprehensive plan and the subdivision ordinance. Finally the conditional use Meridian City Council Meeting December 15, 1998 Page 21 permit you have before you tonight is for the development of lot one, the 2.57 acre lot. It's on the south portion of our property and as I stated it will be developed for Hubble Engineering's corporate offices with an office building of 24,900 square feet and an accessory equipment garage. The site has been designed using the requirements of the Meridian zoning ordinance for lighting, landscaping, parking and signage. The construction will consist of a tilt up concrete type building, single story, a flat roof. The Planning and Zoning Commission has recommended approval at their last meeting for tonight of all three of the items. We are in support of the Planning and Zoning Commission recommendations on all three with the exception of two issues, which I would like to briefly discuss with you tonight. First of all we would like consideration for our written request to omit the requirement for individual conditional use permits on each of the remaining lots within the subdivision. That would be for principal permitted uses only as specified in the zoning ordinance. I submitted a letter to the Planning Director and the Planning and Zoning Commission on October 15th. Unfortunately the pubic hearing was closed at that time. I was unable to get that into the record. Also on December 10th I submitted a letter to the Council and also to the planning staff, which should be a part of your packet and I also just handed you another copy of that tonight. The Meridian Comprehensive Plan requires conditional use permits in this specific area mainly because of the gateway corridor to the City of Meridian on I-84 and Eagle Road. What we're requesting is for approval of not only our project on lot one but also of 14 specific principal permitted uses which I have included as part of the developer agreement. We have met with your planning staff on several occasions, and we both believe that we can handle this concern through the developer agreement. We have submitted the development agreement. You do you a copy of that in the packet I just gave you with the 14 specific -page 7 of the packet I just gave you. 14 specific uses that we would like to be exempt from the conditional use process. Once again let me reiterate that those are principal permitted uses that are allowed in the zone. Any conditional use requirement would go through the proper Planning and Zoning Commission approvals. We believe we can handle this through -once the lots are sold and a business is willing to locate there we are in agreement through our developer agreement to go through any type of design review, C C & R's or any other administrative review on those uses. I believe your staff is in agreement with the principals of what we are suggesting. I can stop right now and we can discuss that or I can go on to my second issue. Whatever is better for you. The second issue I'd like to bring up tonight is in regards to the conditional use permit that you have in front of you. While your Planning and Zoning Commission did recommend approval, there was one I don't want to call it a condition, but it was added to the Findings of Fact at the last meeting when they were adopting their Findings of Fact. The public hearing was already closed. In essence what that requirement was prior to my company occupying that lot one, Planning and Zoning felt that it was appropriate to place the requirement that the access road, the new access road, coming from Eagle and connecting to Allen Street be constructed prior to our occupancy. We would like this condition to be removed at this time. We cannot receive financing from the bank if such a condition as i • Meridian City Council Meeting December 15, 1998 Page 22 this. We have met with ACRD on several occasions and are in the process of working out some of the problems associated with that road. Mr. Sale is present tonight, and he can kind of update you on what's going on there. We have also talked to the owner of lot two which immediately to the north of our property. That lot is kind of the missing link to relocate that road down on Allen Street. I believe a representative is here tonight for that lot owner, and he can address some of the concerns and comments that we've gone through. We have agreed with ACHD to provide what they are calling an extra impact fee for our share of that road. We have no problem with paying that money. We also have proposed to ACHD to our company to provide the engineering for that road to help speed up the process, but we just can't live with that condition of not occupying until that road is built. One thing I would like to say is that we're very confident that that road is going to be built within a short period of time. Otherwise we would not want to locate our business there and have to deal with the same problems that everyone else is concerned with that intersection and the development at that portion of the city. That's all I have. If you have any questions. Rountree: So what you're telling me then your proposal at this point would rely on Magic View for access. Nickel: That is correct Councilman. Corrie: Any questions? I believe there was a Mr. Johnson that had other testimony, the developer. Any further testimony in favor of the items 8, 9 and 10? RICH ALLISON 916 E. 1ST STREET, MERIDIAN Allison: Mr. Mayor and Councilmen, it's a pleasure to see you tonight. I was very pleased to see in the paper Mr. Mayor that our taxes are quite low and we hope they continue to stay that way. I guess part of the reason I'm here to testify is the fact that we do have the opportunity to enter into I think a different phase of development of the City of Meridian. Whereas this type of project is before you as many many others will come before you along Eagle Road in the future. It will greatly enhance the ability of the City to maintain its budgets and hopefully keep our taxes and other things quite low. I am speaking on behalf of the owner of the property, Mr. and Mrs. Warden. The proposal before you is a mixture of office and commercial development of which is needed in the area. The area will in the future undoubtedly support a great deal of additional commercial development being at an intersection which either is or likely will become probably the highest traffic count in the state of Idaho. I just want to speak for the development and hope that we have lots of additional development of this type in the future that will help support schools and the city budget of Meridian. If you do have further questions with regard to the property to the north or to the east or to the northeast, I'd be happy to discuss that. Meridian City Council Meeting December 15, 1998 Page 23 Corrie: Any questions? Bird: I have none. Allison: Thank you. Corrie: Anyone else from the public that would like to issue testimony in favor of these three items? BOB BARNES 2855 MAGIC VIEW DRIVE, MERIDIAN. Barnes: Ours is lot 9, which is the adjoining property just west of the lot 10 that Hubble Engineering is working on. We can see it as a plus. This kind of development we'd like to see in there, and yes, it would be nice to have the road. It would be wonderful and the sooner the better. But we wouldn't oppose the project on the basis of interim occupancy using Magic View. We feel it's doable to have this development come into our neighborhood 'and enhance the value of the whole surrounding pieces. Two concerns we have, we are currently just over the line as far as comprehensive plan goes single family dwelling, and Shari Stiles informs me that that will be part of the review process for change and that's what we would like to see is a change in the comprehensive plan, because our lot is five and a half acres also and adjoining property. The other point of concern I guess would be the fencing between the properties. We have no problem at all with the lot that Hubble is proposing for their business, because the place where their lot adjoins ours is basically pasture land. And so the chain link fence or whatever they're going to use for safety fence is fine. The only concern we have is when these other two, three, four and five lots develop, and we don't know what they are is we have a chance to negotiate what they will be because we don't want to permanently lock up our property visually at this point in time and in case we are able to change the comprehensive plan and rezone our property for commercial or business or whatever. So that will be my points. We support the project. Corrie: Any questions of Mr. Barnes? Okay, thank you. Anyone else wish to issue testimony in favor? HARBERT HANKS 2930 MAGIC VIEW DRIVE, MERIDIAN Hanks: I fully support the Hubble Engineering request to develop that are and the business. What they plan to put in there is well within reason of the plan that I see. The access to the road as Magic View I see as no problem at this period because the Hubble Engineering people are not that many employees that would be accessing on and off. It's not going to increase that flow on to Magic View Drive just minutely as t see it. As that area is developed more, there is a need for the road in there, but I can see • i Meridian City Council Meeting December 15, 1998 Page 24 no need for the access from the stoplight there before they occupy that property. Any questions for me? Corrie: None, okay. Thank you. Anyone else wish to testify in favor? Hearing none, all those that would like to testify against the 8, 9 or 10? Neutral testimony, yes, we'll take that Mr. Sale. LARRY SALE, ACRD, Sale: This would be neutral gender. Mr. Mayor and members of the Council, my name is Larry Sale. I'm with the Ada County Highway District, 318 E. 37th Street, Garden City, Idaho. We have a post office now. I'd like to offer a few comments about the road. There's been some discussion about the proposed road from Magic View up to an intersection with Eagle Road. Through a meeting of the developer of the first lot ,the one we've all been talking about for a couple of years, up across from St. Luke's driveway. We have a commitment from that developer to dedicate or sell the right-of- way to the highway district and to build the half road plus 12 feet that either Mr. Bird or Mr. Bentley was questioning a while ago. And if you'd like after the meeting I can discuss that with you why we do that. We have a verbal commitment from the owner of the second lot through which the road would extend down the intersection of Magic view and Allen Street to sell us the right-of-way so that we're relatively assured that the road can now occur, and when needed. I was interested in your earlier struggles with procedure and things like that because we have a bit of that problem right now with regard to the fees for this area, and we're proceeding cautiously with just how to identify those fees and how to elect them. Whether they might be called extraordinary impact fees or to use the city's term, a latecomers fee. We're pursuing both those and it is really just a name. The dollars all remain the same, but as you and I'm sure your Council can appreciate we want to proceed in a manner that's first of all equitable to every acre in that subdivision because they probably won't all be developed similarly and secondly obviously to proceed in a manner that's legal and all that sort of thing. Anyway that may not have told you a whole lot, but we think the road is going to happen and we think that will help this whole area a bit. We expect the development to occur in a slowly enough so that traffic will build up gradually and we can afford to take a few to several months that it will take to get the road in place. Does Council have any questions? Bird: Magic View can handle this additional traffic okay without the other road being in? Sale: Mr. Mayor, Councilman Bird, Magic View has plenty of capacity to handle this traffic. The problem is one of congestion, convenience and safety at the intersection itself. Persons trying to turn north will have increasing difficulties and risks in doing so, but traffic turning into Magic View will be able to stop and wait for gaps in the traffic and Meridian City Council Meeting December 15, 1998 Page 25 they can turn in relatively easily until some more traffic builds up on Eagle Road. But traffic turning out will be a bit of a problem. Anything else? Corrie: I'm going to ask you a $64,000 crystal ball question. What do you think our chances are of getting a traffic signal at Magic View? Sale: I'd say somewhere between slim and none. Corrie: That's pretty good. We get a chance then. There's an awful lot riding out there you are well aware of that. Sale: Yes, sir. Corrie: All right thank you. Staff any comments on any of the annexation, conditional use permit that you've heard this evening? Stiles: Mr. Mayor and Council I guess if there's any questions that you have of me. They have made the proposal not to have the conditional use permits. I guess I have mixed feelings about doing that. They've been real effective in some areas. In some areas where you can really tie down the development agreement and the covenants, it hasn't been necessary, but as far as some of the impact on the neighbors out there, one gentleman testified that he would like to be a part of some review of what else goes out there and that's not going to be possible unless they do the conditional use permit, but I'll leave it up to your discretion as whether you think the development agreement they've submitted is adequate and I would like to mention on page 7, we have discussed one of these items that should be crossed out as a permitted use would be number nine, planned commercial developments. The interpretation of what is a planned commercial development is too vague and if they do a planned commercial development out there, it should be under the conditional use process, but take a look at those 15 items and I guess if the Council is comfortable with allowing all those uses with no further review, that's really what you are deciding as far as the conditional use process. Rountree: Mr. Mayor, Shari, if we got to a point with the development agreement and the covenants as we did with the Troutner Business Park would your level of comfort increase and secondly do you see that we could get there with this particular development? Stiles: Councilman Rountree, Mayor and Council, I don't think it's impossible. If this developer is willing to in fact develop the subdivision, I guess I'm not entirely comfortable that they intend to do that. I think it's more a matter of they intend to sell lots off to other developers and may lose some of the control or some of the safeguards that are in place. Of course if the development agreement is tied down enough relating Meridian City Council Meeting December 15, 1998 Page 26 to particularly signage, landscaping, access, I don't think it's insurmountable, I'm still not at that level of comfort that I was with Troutner Business Park. Corrie: Any further questions of staff or testimony that you've heard tonight? Bird: I have none. Gigray: Mr. Mayor, just a matter of staff comment. If the consideration is the development agreement, I noticed the form in here I think was proposed by Hubble Engineering, and one of the things we're trying to do is standardize the form of our development agreements we could retrofit into our form without changing the essential development terms I would propose we do that. Corrie: Any more questions, I'll close the public hearing and open for discussion of Council. I guess we don't have any discussion on this. I'll open the first one then for the annexation and zoning. I'll entertain a motion to close the public hearing. Rountree: Mr. Mayor I move that we close all three public hearings. Anderson: Second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to close all three public hearings. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Okay the first one is the annexation and zoning. You again can have your four choices, the continuation of the public hearing, accept the recommendation of the Planning and Zoning, modify the recommendation of Planning and Zoning, or deny the application. Bird: I move that we accept the recommendation of the Planning and Zoning Commission with one exception, and that is the rule of the road being put in and request Findings of Fact and Conclusions of Law by the city attorney for annexation and zoning of 5.4 acres at Midvalley Business Park Subdivision and a development agreement with that also. Corrie: Do I hear a second to that motion? Rountree: I'll second it. Meridian City Council Meeting December 15, 1998 Page 27 Corrie: Motion made by Mr. Bird second by Mr. Rountree. Are there any further discussions on the motion as stated? Rountree: For the assistance of the city attorney, would he like input at this point on the terms and conditions of the development agreement that might come forth out of this preparation process, modifications that we might want to make in the developer's development agreement and my information only allows me to comment on one of three pages because I don't have the entire agreement. Or can we defer that and discuss that after the development agreement has been prepared in draft form and deliberated at a later date. Gigray: Mr. Mayor, Councilman Rountree you could do it either way. If you wanted to give me some direction at this point you can, or if you wish us to proceed with the information we have, we can do that because you won't pass it until it's back before you for a resolution. Rountree: Right. Mr. Mayor, (inaudible) question. Corrie: Any further discussion? Bird: I have none. Corrie: Okay no question been called for -let's have a roll call vote. ROLL CALL VOTE: Bird, yea. Bentley, yea. Anderson, yea. Rountree, yea. MOTION CARRIED: All ayes. Corrie: Now on the preliminary plat. Council has the preliminary plat. You can move to approve, conditionally approve, deny or continue for 45 day maximum on the final plat and the city attorney will prepare the appropriate ordinance in conference with this decision and Mayor be empowered to sign necessary to carry out the decision and the City Clerk serve a copy of the ordinance on the applicant, the planning and zoning director and any interested party requesting the (Inaudible). So just to break that down, you can approve the final plat subject to the conditions that you should be specific or you can approve them without the conditions. This is the preliminary plat. Bentley: Mr. Mayor I have a question and this is for the Counselor. In approving the preliminary plat if we establish conditions, do the conditions if we get the development agreement come back and we make changes to the draft form of the development agreement, could we pick up other conditions that we may not attach to the preliminary plat. i i Meridian City Council Meeting December 15, 1998 Page 28 Gigray: Mr. Mayor, Councilman Bentley, members of the Council, if you approve the preliminary plat at this time subject to conditions or without conditions and the conditions that I'm looking at were in the recommendation to City Council by the Planning and Zoning Commission that you have before you as part of the record, that approval will be stated here in those specific conditions if you adopts those or whatever they are would go with that preliminary approval and they would have a right then to move forward for approval of the final plat as long as they met those conditions. So if there were conditions that you felt needed to be resolved with the development (End of Tape) Gigray: ...the development agreement to assure there isn't any confusion or disagreement about any of those terms and conditions. I just don't know whether there are any or not. Bentley: Thank you. Rountree: Are we all in the right spot in our choir books here? Bird: We are all going to sing from the same page at least. Rountree: Mr. Mayor, I would move that we approve the preliminary plat subject to the conditions that would come through (Inaudible) for me, development agreement. Bird: Second. Corrie: Motion made by Mr. Rountree, second by Mr. Bird, to approve the preliminary plat subject to conditions that are on the development agreement. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Bentley: Point of clarification, the development agreement is the development agreement that is prepared by the city attorney. Is that the one that you are referring to, not the one that Hubble turned in. Rountree: Correct. Bentley: Thank you. Stiles: Mr. Mayor and council, I just wanted a clarification on the annexation and zoning you made the motion that you would approve the annexation and zoning taking out the requirement for the road to be constructed and with the development agreement but i • Meridian City Council Meeting December 15, 1998 Page 29 didn't specify if you were approving a development agreement in lieu of conditional use permit or were still going to require that as noted on page 18 of the findings. Bird: Mr. Mayor, I thought the conditional use permit had to be a separate item. Gigray: I think for purpose of clarification, Mr. Mayor and member of the council, I think the question that is being asked by the Planning and Zoning Administrator is simply one of the recommendations the Planning and Zoning Commission would be that that development agreement would require a condition that the conditional use be applied at every single lot that is in this development and I believe that is one of the objections that was raised by the applicant that they shouldn't be relieved of that requirement and it would make a difference which way we would draft that. I can still draft it one way and you could decide that you want to change it or whatever till you adopt that development agreement. I still have that yet to go. Bird: That slipped over me. Rountree: My position on that and Bill is correct that we leave the conditional use requirement in there. If in the drafting of the development agreement and the execution of that agreement with the developer language is included in the agreement that is consistent with our needs for landscaping access. Some degree of control over design. We could handle it similar to what we did in Troutner remove that from the conditional use permit requirement from the development agreement. Gigray: Members of the council, that's how I would understand your motion because you accepted their recommendation other than the one regarding the road. That's the one that we would take out. Bentley: That was my intent. Corrie: I think that's the simplest way to take care of it. ITEM NO. 10: REQUEST FOR CONDITIONAL USE PERMIT FOR 24, 560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND PARKING BY NUBBLE ENGINEERING -621 ALLEN STREET, NORTH OF I-84 AND WEST OF EAGLE ROAD: Corrie: Then we are on the conditional use permit, you can either continue the public hearing and request for more information, accept the recommendation of Planning and Zoning Commission and Findings of Fact and Conclusions of Law, or you can modify the recommendation of the Planning and Zoning Commission, or you may deny the conditional use permit. I'm sorry, I'll get it here in a minute. I'm on the annexation. You Meridian City Council Meeting December 15, 1998 Page 30 can continue or table the proceedings, deny the application or grant the application subject to reasonable conditions. Rountree: It seems that on this particular application we're caught in between process changes. Given that, I would move that we accept the Findings of Fact and Conclusions of Law as prepared before us and presented to us by Planning and Zoning. Bentley: Second. Corrie: Motion is made by Mr. Rountree, second by Mr. Bentley that we approve the conditional use permit on the Findings of Fact and Conclusions of Law with Planning and Zoning. Discussion Mr. Gigray? Gigray: Mr. Mayor and member of the council, I would recommend that you could go ahead and approve the findings of fact and conclusions of law. I would recommend you withhold the granting of the order of conditional use permit until we have effected an annexation and zoning because I would not recommend that you grant a conditional use permit until it is zoned and annexed within the city and we just hold that part of the action until the other is completed. Corrie: Mr. Rountree is that what you would like to do? Rountree: So noted, we will not move forward with the decision at this point in time, but accept the Findings of Facts as they are. Gigray: I'll prepare at your direction necessary order which it would be submitted in a future council meeting once the other action has taken place. Corrie: Any further discussion? Hearing none, I'll roll call vote. ROLL CALL: Bird -yea, Bentley -yea, Rountree -yea, Anderson -yea. MOTION CARRIED: All yea. Bentley: I move that we take a ten minute break. Rountree: Second. Corrie: Motion made and seconded to take a break. (BREAK) Corrie: I will call the meeting back to order. RECE~D To: Mayor and City Council cc: Will Berg, City Clerk Shari Stiles, Plannin; From: Bill Gigray, City Atto Re: Regular Agenda City Date: 1-2-99 :~ CITY OF MERIDIAN ping Director Meeting January 5, 1999 Items 8-10 The purpose of this memo is to give my opinion on the procedure and timing of the above referenced items. They all deal with related aspects of the application by Hubble Engineering, Inc. for the development of Midvalley Business Parlc Subdivision. You may take up agenda Items 8 and 9. Then for Item no. 9 the Council should receive the same, approve the draft form and then request that the development agreement be submitted to the applicant for approval and signature before any further action of the City Council on the matter and that the resolution authorizing signature of the Development Agreement be tabled to the next Council meeting pending the signature of the owner developer. I then recommend that Item no. 10 could be sponsored by a City Council Member and the Council could conduct its first reading with the second reading scheduled for the next City Council meeting pending the receipt of a signed Development Agreement. i To: Mayor and City Council cc: Will Berg, City Cleric Shari Stiles, Planning Froin: Bill Gigray, City Attotl~i Re: Regular Agenda City Co Date: 1-2-99 REc~~D ,:~ a,. ,, _; ~ - ~ ;~~ CITY OF MERIDIAN Director Meeting January 5, 1999 Items 8-10 The purpose of this memo is to give my opinion on the procedure and timing of the above referenced items. They all deal with related aspects of the application by Hubble Engineering, Inc. for the development of Midvalley Business Parlc Subdivision. You may take up agenda Items 8 and 9. Then for Item no. 9 the Council should receive the same, approve the draft form and then request that the development agreement be submitted to the applicant for approval and signature before any further action of the City Council on the matter and that the resolution authorizing signature of the Development Agreement be tabled to the next Council meeting pending the signature of the owner developer. I then recommend that Item no. 10 could be sponsored by a City Council Member and the Council could conduct its first reading with the second reading scheduled for the next City Council meeting pending the receipt of a signed Development Agreement. N G l~y~ '`' `~ RUBBLE ENGINEERING, INC. 9 ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 2081378-0329 ~s Rv j January 05, 1999 R 1 ~~+ CEIV~~ Mayor & City Council City of Meridian ~,, ~~ - ~ 1~j ~_; 33 E. Idaho Ave. Meridian, Idaho 83642 CITY RE: Midvalley Business Park Annexation and Rezone Dear Mayor & City Council; It has come to our attention that the Findings of Fact and Conclusions of Law for Midvalley Business Park are scheduled to be adopted at tonight's public hearing. As you may recall, on December 15, 1998, you approved the annexation, rezone, preliminary plat and conditional use permit, subject to the findings of fact and conclusions of law. At that time, we requested that a specific provision in the annexation conditions be removed requiring conditional use permits on the remaining lots in the subdivision. At that meeting, the Council did not remove that condition, but instructed us to get together with staff and the City Attorney and draft a development agreement to bring back with the findings of fact for 'the Council's consideration. On December 21 gt, I contacted your staff and we decided that, due to the holidays, we would sit down at the first of the year and draft the development agreement. I was informed yesterday that the findings were scheduled for tonight, rather than January 19`h. If .you adopt the findings of fact recommended by the Planning and Zoning Commission ,that includes that provision for conditional use permits on all lots in the subdivision, I am afraid that when we bring back the development agreement at a later date, it will be to late to have that specific provision removed. I therefore request that you defer the adoption of the findings of fact for annexation of our property to a future date in order to allow us proper time to meet with your staff and attorney in an effort to draft an appropriate development agreement that both the City and the developer are satisfied with. Thank you for your time and consideration. Sincerely, o~. Shawn L. Nickel, Project Planner Hubble Engineering, Inc. Cc: William Berg, City Clerk City Attorney Shari Stiles, Planning Director r: BEFORE THE MERIDIAN CITY COL IN THE MATTER OF THE APPLICATION OF HUBBLE ENGINEERING, NORTHWEST OF EAGLE ROAD/1-84 INTERCHANGE AND WEST OF EXISTING TEXACO, FOR ANNEXATION AND ZONING OF 5.4 ACRES FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION, MERIDIAN, IDAHO ~ECEIVED ,IAN 0 5 1999 ~~a°°'~ City of Meridian City Clerk Office ~~~~~~ ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF THE PLANNING AND ZONING COMMISSION AND DECISION AND ORDER The above entitled annexation and zoning application having come on for public hearing on December 15, 1998, at the hour of 7:00 o'clock p.m., and Shawn L. Nickel of Hubble Engineering, Project Manager, RichAlyson, Bob Barnes, Howard Hunks, having appeared and testified in favor of the application, and Larry Sale of ACHD having stated the position of the ACHD, and no one having testified 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: ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF THE PLANNING AND ZONING COMMISSION AND DECISION AND ORDER - 1 • FINDINGS OF FACT AND CONCLUSIONS OF LAW It adopts the Findings of Fact and Conclusions of Law as set forth by the Planning and Zoning Commission, together with their recommendations in the above entitled matter. 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. That the applicant prepare the legal description for the annexation included in the application with legal description and submit an annexation permit or legal description for the proposed site as set forth hereinabove. The legal description for the annexation needs to be a metes and bounds description tied to government corners. The annexation description must place this parcel contiguous to the existing Corporate City Limits of the City of Meridian (Ord. No. 659, 8/2/94). 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 new metes and bounds boundary description shall place this parcel contiguous to Ordinance No. 714 dated 9/19/95. 2. That the City Attorney shall prepare for consideration by the City ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF THE PLANNING AND ZONING COMMISSION AND DECISION AND ORDER - 2 • Council the appropriate ordinance for the annexation and zoning designation. The (C- G) General Retail and Service Commercial shall not be finally approved by the City Council until provisions have been met as follows: 3. Applicant enter into a development agreement that provides that in the event the conditions herein are not met by the developer that the property shall be subject to de-annexation, with the City of Meridian which provides the conditions of the development. 3.1 All uses will be developed under the conditional use permit process as planned developments. 3.2 Sanitary sewer service to this site will be via an extension from the existing line in Magic View Drive. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerlines. 3.3 Water service to this site will be via extension of the existing main in Magic View Drive. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3.4 Graphically depict proposed easements on the plat; Note 2 does not designate widths and is unclear. The property lines for the existing lot in Magic View Subdivision extend to the centerlines of the roadways; the road are currently easements. Revise the plat to show the appropriate existing property lines and dedication of the roadways as public rights-of-way. ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF THE PLANNING AND ZONING COMMISSION AND DECISION AND ORDER - 3 3.5 The 20-foot width shown is not adequate for a driveway. Revise Lot 5, Bloclc 1, to a minimum frontage of 30 feet. 3.6 Revise street names to conform to the requirements of the Ada County Street Name Committee (i.e., add directional designations). 3.7 Add a note showing that all lots in this subdivision are subject to the terms of a development agreement recorded in the records of Ada County, Idaho. 3.8 The Registered Land Surveyor needs to stamp, sign and seal the preliminary plat. 3.9 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606B. 3.10 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605M. The ditches to be piped should be shown on the plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 3.11 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3.12 Coordinate fire hydrant placement with the City of Meridian's Public Works Department. ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF THE PLANNING AND ZONING COMMISSION AND DECISION AND ORDER - 4 i ~ 3.13 Indicate on the final plat map any FEMA floodplains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 3.14 Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa &. Meridian Irrigation District. If the system is to remain a private owners association system, plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O & M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3.15 Show the master street drainage plan for the project, including method of disposal and approval from any affected drainage district. 3.16 Roadway and roadway approaches to be approved by the ACHD. 3.17 Off-street parking shall be provided in accordance with Section 11- 2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 3.18 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4. and 11-2-414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3.19 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF THE PLANNING AND ZONING COMMISSION AND DECISION AND ORDER - 5 drainage shall be contained and disposed of on-site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. 3.20 All lots within this subdivision shall require a conditional use permit in accordance with the Meridian Comprehensive Plan. 3.21 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.22 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 3.23 No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 3.24 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 3.25 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. All signage will be subject to design review. 3.26 Provide five-foot sidewalks within the development in accordance with City Ordinance Section 11-9-606.B. 3.27 A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Revise the landscape plan to indicate what the landscaping symbols represent in relation to the plant schedule. The plant schedule to indicate 3" caliper minimum. ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF THE PLANNING AND ZONING COMMISSION AND DECISION AND ORDER - 6 ., L..I 3.28 Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 3.29 A public roadway is planned north of the proposed Idaho Power Credit Union; however, it is unknown at this time when the remainder of the public roadway needed to provide public access to the traffic signal on Eagle Road will be constructed. Future development in this area will need to have proper access to the traffic signal. 3.30 A development agreement is required as a condition of annexation to insure that the development considerations herein found reasonable are enforced. ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF THE PLANNING AND ZONING COMMISSION AND DECISION AND ORDER - 7 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 annexation and zoning 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 January 5, 1999. ROLL CALL COUNCILMAN BIRD COUNCILMAN ANDERSON COUNCILMAN ROUNTREE COUNCILMAN BENTLEY VOTED VOTED VOTED VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: City Clerk Dated: msg~D:~Iv1yFi]es~Ivleridian City File~F'indings3~Annexation and Zoning FFUvlidvalley Bus Park AZ FF for CC 5.4 acres.wpd ORDER APPROVING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW OF THE PLANNING AND ZONING COMMISSION AND DECISION AND ORDER - 8 ~- Meridian City Council Meeting December 15, 1998 Page 20 8. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 5.4 ACRES FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION BY NUBBLE ENGINEERING - NW OF EAGLE ROAD / I-84 INTERCHANGE AND WEST OF EXISTING TEXACO: 9. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION BY NUBBLE ENGINEERING - NW OF EAGLE / I-84 INTERCHANGE AND WEST OF EXISTING TEXACO: 10. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 24,560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND PARKING BY RUBBLE ENGINEERING - 621 ALLEN STREET, NORTH OF I- 84 AND WEST OF EAGLE ROAD: Corrie: So at this time I will open up the public hearing for items 8, 9, and 10. I invite a representative from Hubble Engineering to come forward. SHAWN NICKEL, RUBBLE ENGINEERING Nickel: Mr: Mayor and members of the Council, thank you for the opportunity tonight to speak in front of you. My name is Shawn Nickel. I'm a land use planner with Hubble Engineering, 9550 Bethel Court in Boise. With me tonight is Mr. Bill Johnson, an engineer with Hubble Engineering. He'll be available for any questions we might have regarding engineering of this project. Tonight we have three applications before you. An annexation and zone change, preliminary plat and a conditional use permit. The annexation and rezoning is of 5.4 acre parcel described as lot 10 of Magic View Subdivision. The zone change would be from R-T, which is rural transition, a county zoning designation to C-G, general retail service commercial. The zoning we request complies with the Meridian Comprehensive Plan which designates the area as mixed planned use development with the probable uses consisting of commercial, residential, office, medical and industrial uses. The annexation and zoning is compatible with existing land uses in the specific area referring to the existing Texaco convenient store, restaurant and the proposed hotel to the east of our project. The preliminary plat before you this evening consists of five lots on the 5.4 acres. Lot one is proposed to be 2.57 acres in size and will have direct access on to Allen Street. Lot one will be developed for Hubble Engineering's corporate office. Lots two through five will be developed with uses allowed in the C-G zone as they are sold off. Sewer and water is available to this property and will be provided to each of the lots. ACRD has reviewed the subdivision, and we will adhere to their requirements including dedication of right-of-way improvements on Allen Street and Magic View and extra impact fees required for the improvement of Allen Street Eagle Road connection. This subdivision plat complies with the Comprehensive plan and the subdivision ordinance. Finally the conditional use Meridian City Council Meeting December 15, 1998 Page 21 permit you have before you tonight is for the development of lot one, the 2.57 acre lot. It's on the south portion of our property and as I stated it will be developed for Hubble Engineering's corporate offices with an office building of 24,900 square feet and an accessory equipment garage. The site has been designed using the requirements of the Meridian zoning ordinance for lighting, landscaping, parking and signage. The construction will consist of a tilt up concrete type building, single story, a flat roof. The Planning and Zoning Commission has recommended approval at their last meeting for tonight of all three of the items. We are in support of the Planning and Zoning Commission recommendations on all three with the exception of two issues, which I would like to briefly discuss with you tonight. First of all we would like consideration for our written request to omit the requirement for individual conditional use permits on each of the remaining lots within the subdivision. That would be for principal permitted uses only as specified in the zoning ordinance. I submitted a letter to the Planning Director and the Planning and Zoning Commission on October 15th. Unfortunately the pubic hearing was closed at that time. I was unable to get that into the record. Also on December 10th I submitted a letter to the Council and also to the planning staff, which should be a part of your packet and I also just handed you another copy of that tonight. The Meridian Comprehensive Plan requires conditional use permits in this specific area mainly because of the gateway corridor to the City of Meridian on I-84 and Eagle Road. What we're requesting is for approval of not only our project on lot one but also of 14 specific principal permitted uses which I have included as part of the developer agreement. We have met with your planning staff on several occasions, and we both believe that we can handle this concern through the developer agreement. We have submitted the development agreement. You do you a copy of that in the packet I just gave you with the 14 specific -page 7 of the packet I just gave you. 14 specific uses that we would like to be exempt from the conditional use process. Once again let me reiterate that those are principal permitted uses that are allowed in the zone. Any conditional use requirement would go through the proper Planning and Zoning Commission approvals. We believe we can handle this through -once the lots are sold and a business is willing to locate there we are in agreement through our developer agreement to go through any type of design review, C C & R's or any other administrative review on those uses. I believe your staff is in agreement with the principals of what we are suggesting. I can stop right now and we can discuss that or I can go on to my second issue. Whatever is better for you. The second issue I'd like to bring up tonight is in regards to the conditional use permit that you have in front of you. While your Planning and Zoning Commission did recommend approval, there was one I don't want to call it a condition, but it was added to the Findings of Fact at the last meeting when they were adopting their Findings of Fact. The public hearing was already closed. In essence what that requirement was prior to my company occupying that lot one, Planning and Zoning felt that it was appropriate to place the requirement that the access road, the new access road, coming from Eagle and connecting to Allen Street be constructed prior to our occupancy. We would like this condition to be removed at this time. We cannot receive financing from the bank if such a condition as • Meridian City Council Meeting December 15, 1998 Page 22 this. We have met with ACRD on several occasions and are in the process of working out some of the problems associated with that road. Mr. Sale is present tonight, and he can kind of update you on what's going on there. We have also talked to the owner of lot two which immediately to the north of our property. That lot is kind of the missing link to relocate that road down on Allen Street. I believe a representative is here tonight for that lot owner, and he can address some of the concerns and comments that we've gone through. We have agreed with ACRD to provide what they are calling an extra impact fee for our share of that road. We have no problem with paying that money. We also have proposed to ACHD to our company to provide the engineering for that road to help speed up the process, but we just can't live with that condition of not occupying until that road is built. One thing I would like to say is that we're very confident that that road is going to be built within a short period of time. Otherwise we would not want to locate our business there and have to deal with the same problems that everyone else is concerned with that intersection and the development at that portion of the city. That's all I have. If you have any questions. Rountree: So what you're telling me then your proposal at this point would rely on Magic View for access. Nickel: That is correct Councilman. Corrie: Any questions? I believe there was a Mr. Johnson that had other testimony, the developer. Any further testimony in favor of the items 8, 9 and 10? RICH ALLISON 916 E. 1ST STREET, MERIDIAN Allison: Mr. Mayor and Councilmen, it's a pleasure to see you tonight. I was very pleased to see in the paper Mr. Mayor that our taxes are quite low and we hope they continue to stay that way. I guess part of the reason I'm hereto testify is the fact that we do have the opportunity to enter into I think a different phase of development of the City of Meridian. Whereas this type of project is before you as many many others will come before you along Eagle Road in the future. It will greatly enhance the ability of the City to maintain its budgets and hopefully keep our taxes and other things quite low. I am speaking on behalf of the owner of the property, Mr. and Mrs. Warden. The proposal before you is a mixture of office and commercial development of which is needed in the area. The area will in the future undoubtedly support a great deal of additional commercial development being at an intersection which either is or likely will become probably the highest traffic count in the state of Idaho. I just want to speak for the development and hope that we have lots of additional development of this type in the future that will help support schools and the city budget of Meridian. If you do have further questions with regard to the property to the north or to the east or to the northeast, I'd be happy to discuss that. Meridian City Council Meeting December 15, 1998 Page 23 Corrie: Any questions? Bird: I have none. Allison: Thank you. Corrie: Anyone else from the public that would like to issue testimony in favor of these three items? BOB BARNES 2855 MAGIC VIEW DRIVE, MERIDIAN. Barnes: Ours is lot 9, which is the adjoining property just west of the lot 10 that Hubble Engineering is working on. We can see it as a plus. This kind of development we'd like to see in there, and yes, it would be nice to have the road. It would be wonderful and the sooner the better. But we wouldn't oppose the project on the basis of interim occupancy using Magic View. We feel it's doable to have this development come into our neighborhood and enhance the value of the whole surrounding pieces. Two concerns we have, we are currently just over the line as far as comprehensive plan goes single family dwelling, and Shari Stiles informs me that that will be part of the review process for change and that's what we would like to see is a change in the comprehensive plan, because our lot is five and a half acres also and adjoining property. The other point of concern I guess would be the fencing between the properties. We have no problem at all with the lot that Hubble is proposing for their business, because the place where their lot adjoins ours is basically pasture land. And so the chain link fence or whatever they're going to use for safety fence is fine. The only concern we have is when these other two, three, four and five lots develop, and we don't know what they are is we have a chance to negotiate what they will be because we don't want to permanently lock up our property visually at this point in time and in case we are able to change the comprehensive plan and rezone our property for commercial or business or whatever. So that will be my points. We support the project. Corrie: Any questions of Mr. Barnes? Okay, thank you. Anyone else wish to issue testimony in favor? HARBERT HANKS 2930 MAGIC VIEW DRIVE, MERIDIAN Hanks: I fully support the Hubble Engineering request to develop that are and the business. What they plan to put in there is well within reason of the plan that I see. The access to the road as Magic View I see as no problem at this period because the Hubble Engineering people are not that many employees that would be accessing on and off. It's not going to increase that flow on to Magic View Drive just minutely as I see it. As that area is developed more, there is a need for the road in there, but I can see Meridian City Council Meeting December 15, 1998 Page 24 no need for the access from the stoplight there before they occupy that property. Any questions for me? Corrie: None, okay. Thank you. Anyone else wish to testify in favor? Hearing none, all those that would like to testify against the 8, 9 or 10? Neutral testimony, yes, we'll take that Mr. Sale. LARRY SALE, ACHD, Sale: This would be neutral gender. Mr. Mayor and members of the Council, my name is Larry Sale. I'm with the Ada County Highway District, 318 E. 37th Street, Garden City, Idaho. We have a post office now. I'd like to offer a few comments about the road. There's been some discussion about the proposed road from Magic View up to an intersection with Eagle Road. Through a meeting of the developer of the first lot ,the one we've all been talking about for a couple of years, up across from St. Luke's driveway. We have a commitment from that developer to dedicate or sell the right-of- way to the highway district and to build the half road plus 12 feet that either Mr. Bird or Mr. Bentley was questioning a while ago. Arid if you'd like after the meeting I can discuss that with you why we do that. We have a verbal commitment from the owner of the second lot through which the road would extend down the intersection of Magic view and Allen Street to sell us the right-of-way so that we're relatively assured that the road can now occur, and when needed. I was interested in your earlier struggles with procedure and things like that because we have a bit of that problem right now with regard to the fees for this area, and we're proceeding cautiously with just how to identify those fees and how to elect them. Whether they might be called extraordinary impact fees or to use the city's term, a latecomers fee. We're pursuing both those and it is really just a name. The dollars all remain the same, but as you and I'm sure your Council can appreciate we want to proceed in a manner that's first of all equitable to every acre in that subdivision because they probably won't all be developed similarly and secondly obviously to proceed in a manner that's legal and all that sort of thing. Anyway that may not have told you a whole lot, but we think the road is going to happen and we think that will help this whole area a bit. We expect the development to occur in a slowly enough so that traffic will build up gradually and we can afford to take a few to several months that it will take to get the road in place. Does Council have any questions? Bird: Magic View can handle this additional traffic okay without the other road being in? Sale: Mr. Mayor, Councilman Bird, Magic View has plenty of capacity to handle this traffic. The problem is one of congestion, convenience and safety at the intersection itself. Persons trying to turn north will have increasing difficulties and risks in doing so, but traffic turning into Magic View will be able to stop and wait for gaps in the traffic and • Meridian City Council Meeting December 15, 1998 Page 25 they can turn in relatively easily until some more traffic builds up on Eagle Road. But traffic turning out will be a bit of a problem. Anything else? Corrie: I'm going to ask you a $64,000 crystal ball question. What do you think our chances are of getting a traffic signal at Magic View? Sale: I'd say somewhere between slim and none. Corrie: That's pretty good. We get a chance then. There's an awful lot riding out there you are well aware of that. Sale: Yes, sir. Corrie: All right thank you. Staff any comments on any of the annexation, conditional use permit that you've heard this evening? Stiles: Mr. Mayor and Council I guess if there's any questions that you have of me. They have made the proposal not to have the conditional use permits. I guess I have mixed feelings about doing that. They've been real effective in some areas. In some areas where you can really tie down the development agreement and the covenants, it hasn't been necessary, but as far as some of the impact on the neighbors out there, one gentleman testified that he would like to be a part of some review of what else goes out there and that's not going to be possible unless they do the conditional use permit, but I'll leave it up to your discretion as whether you think the development agreement they've submitted is adequate and I would like to mention on page 7, we have discussed one of these items that should be crossed out as a permitted use would be number nine, planned commercial developments. The interpretation of what is a planned commercial development is too vague and if they do a planned commercial development out there, it should be under the conditional use process, but take a look at those 15 items and I guess if the Council is comfortable with allowing all those uses with no further review, that's really what you are deciding as far as the conditional use process. Rountree: Mr. Mayor, Shari, if we got to a point with the development agreement and the covenants as we did with the Troutner Business Park would your level of comfort increase and secondly do you see that we could get there with this particular development? Stiles: Councilman Rountree, Mayor and Council, I don't think it's impossible. If this developer is willing to in fact develop the subdivision, I guess I'm not entirely comfortable that they intend to do that. I think it's more a matter of they intend to sell lots off to other developers and may lose some of the control or some of the safeguards that are in place. Of course if the development agreement is tied down enough relating i • Meridian City Council Meeting December 15, 1998 Page 26 to particularly signage, landscaping, access, I don't think it's insurmountable, I'm still not at that level of comfort that I was with Troutner Business Park. Corrie: Any further questions of staff or testimony that you've heard tonight? Bird: I have none. Gigray: Mr. Mayor, just a matter of staff comment. If the consideration is the development agreement, I noticed the form in here I think was proposed by Hubble Engineering, and one of the things we're trying to do is standardize the form of our development agreements we could retrofit into our form without changing the essential development terms I would propose we do that. Corrie: Any more questions, I'll close the public hearing and open for discussion of Council. I guess we don't have any discussion on this. I'll open the first one then for the annexation and zoning. I'll entertain a motion to close the public hearing. Rountree: Mr. Mayor I move that we close all three public hearings. Anderson: Second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to close all three public hearings. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Okay the first one is the annexation and zoning. You again can have your four choices, the continuation of the public hearing, accept the recommendation of the Planning and Zoning, modify the recommendation of Planning and Zoning, or deny the application. Bird: I move that we accept the recommendation of the Planning and Zoning Commission with one exception, and that is the rule of the road being put in and request Findings of Fact and Conclusions of Law by the city attorney for annexation and zoning of 5.4 acres at Midvalley Business Park Subdivision and a development agreement with that also. Corrie: Do I hear a second to that motion? Rountree: I'll second it. i Meridian City Council Meeting December 15, 1998 Page 27 Corrie: Motion made by Mr. Bird second by Mr. Rountree. Are there any further discussions on the motion as stated? Rountree: For the assistance of the city attorney, would he like input at this point on the terms and conditions of the development agreement that might come forth out of this preparation process, modifications that we might want to make in the developer's development agreement and my information only allows me to comment on one of three pages because I don't have the entire agreement. Or can we defer that and discuss that after the development agreement has been prepared in draft form. and deliberated at a later date. Gigray: Mr. Mayor, Councilman Rountree you could do it either way. If you wanted to give me some direction at this point you can, or if you wish us to proceed with the information we have, we can do that because you won't pass it until it's back before you for a resolution. Rountree: Right. Mr. Mayor, (inaudible) question. Corrie: Any further discussion? Bird: I have none. Corrie: Okay no question been called for -let's have a roll call vote. ROLL CALL VOTE: Bird, yea. Bentley, yea. Anderson, yea. Rountree, yea. MOTION CARRIED: All ayes. Corrie: Now on the preliminary plat. Council has the preliminary plat. You can move to approve, conditionally approve, deny or continue for 45 day maximum on the final plat and the city attorney will prepare the appropriate ordinance in conference with this decision and Mayor be empowered to sign necessary to carry out the decision and the City Clerk serve a copy of the ordinance on the applicant, the planning and zoning director and any interested party requesting the (Inaudible). So just to break that down, you can approve the final plat subject to the conditions that you should be specific or you can approve them without the conditions. This is the preliminary plat. Bentley: Mr. Mayor I have a question and this is for the Counselor. In approving the preliminary plat if we establish conditions, do the conditions if we get the development agreement come back and we make changes to the draft form of the development agreement, could we pick up other conditions that we may not attach to the preliminary plat. ~ ~ Meridian City Council Meeting December 15, 1998 Page 28 Gigray: Mr. Mayor, Councilman Bentley, members of the Council, if you approve the preliminary plat at this time subject to conditions or without conditions and the conditions that I'm looking at were in the recommendation to City Council by the Planning and Zoning Commission that you have before you as part of the record, that approval will be stated here in those specific conditions if you adopts those or whatever they are would go with that preliminary approval and they would have a right then to move forward for approval of the final plat as long as they met those conditions. So if there were conditions that you felt needed to be resolved with the development (End of Tape) Gigray: ...the development agreement to assure there isn't any confusion or disagreement about any of those terms and conditions. I just don't know whether there are any or not. Bentley: Thank you. Rountree: Are we all in the right spot in our choir books here? Bird: We are all going to sing from the same page at least. Rountree: Mr. Mayor, I would move that we approve the preliminary plat subject to the conditions that would come through (Inaudible) for me, development agreement. Bird: Second. Corrie: Motion made by Mr. Rountree, second by Mr. Bird, to approve the preliminary plat subject to conditions that are on the development agreement. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Bentley: Point of clarification, the development agreement is the development agreement that is prepared by the city attorney. Is that the one that you are referring to, not the one that Hubble turned in. Rountree: Correct. Bentley: Thank you. Stiles: Mr. Mayor and council, I just wanted a clarification on the annexation and zoning you made the motion that you would approve the annexation and zoning taking out the requirement for the road to be constructed and with the development agreement but Meridian City Council Meeting December 15, 1998 Page 29 didn't specify if you were approving a development agreement in lieu of conditional use permit or were still going to require that as noted on page 18 of the findings. Bird: Mr. Mayor, I thought the conditional use permit had to be a separate item. Gigray: I think for purpose of clarification, Mr. Mayor and member of the council, I think the question that is being asked by the Planning and Zoning Administrator is simply one of the recommendations the Planning and Zoning Commission would be that that development agreement would require a condition that the conditional use be applied at every single lot that is in this development and I believe that is one of the objections that was raised by the applicant that they shouldn't be relieved of that requirement and it would make a difference which way we would draft that. I can still draft it one way and you could decide that you want to change it or whatever till you adopt that development agreement. I still have that yet to go. Bird: That slipped over me. Rountree: My position on that and Bill is correct that we leave the conditional use requirement in there. If in the drafting of the development agreement and the execution of that agreement with the developer language is included in the agreement that is consistent with our needs for landscaping access. Some degree of control over design. We could handle it similar to what we did in Troutner remove that from the conditional use permit requirement from the development agreement. Gigray: Members of the council, that's how I would understand your motion because you accepted their recommendation other than the one regarding the road. That's the one that we would take out. Bentley: That was my intent. Corrie: I think that's the simplest way to take care of it. ITEM NO. 10: REQUEST FOR CONDITIONAL USE PERMIT FOR 24, 560 SQUARE FOOT OFFICE BUILDING, EQUIPMENT YARD AND GARAGE WITH SECURITY FENCE, ASSOCIATED LANDSCAPING AND PARKING BY RUBBLE ENGINEERING -621 ALLEN STREET, NORTH OF I-84 AND WEST OF EAGLE ROAD: Corrie: Then we are on the conditional use permit, you can either continue the public hearing and request for more information, accept the recommendation of Planning and Zoning Commission and Findings of Fact and Conclusions of Law, or you can modify the recommendation of the Planning and Zoning Commission, or you may deny the conditional use permit. I'm sorry, I'll get it here in a minute. I'm on the annexation. You .y ~- ~~~ m ~ ~ REcE D [l E C 1 ~ ia~~' CITY COUNCIL MEETING CITY OF MERIDIAN MIDVALLEY BUSINESS PARK ~~~~-,~ DECEMBER 15, 1998 1. Introduction Annexation & Rezoning Annexation of 5.4 acres and rezone from RT to C-G. General Retail and Service Commercial Zoning. 2. Compliance with Comprehensive Plan --- Designates area as mixed-planned use commercial. Allows for uses such as office, commercial, residential, medical, industrial. 3. Compatibility with Existing Zoning and Uses Existing Texaco/convenience store/restaurant, approved hotel. 4. Planning & Zoning Commission Recommendation for Approval 5. Discuss Issue of Conditional Use Restrictions Letters requesting removal of Conditional Use requirement. Marketability of principally permitted uses on restricted lots. Agreement with City Staff of design review requirement rather than Conditional Use. Submitted Development Agreement listing exempt uses. Preliminary Plat 6. Discuss Design 5 lot subdivision on 5.4 acres. Lot # 1 being developed for Hubble Engineering Corporate Office. Lots 2-5 being developed with uses allowed in the C-G zone as sold. 7. Sewer/Water Availability To the Site 8. Ada County Highway District Requirements To Be Met 9. Compliance with Comprehensive Plan and Subdivision Ordinance Lot sizes, frontage, approval of application requirements met. 10. Planning & Zoning Commission recommendation for approval ~ ~ Conditional Use Permit 11. Discuss Design Development of Lot #1 - 2.57 acre lot on south property. portion of Developed as 24,900 square foot building with detac garage. hed Professional Office (Hubble Engineering Co orate Headquarters). ~ 12. Complies with Zoning Ordinance Designed based on requirements for landscaping, li htin parking, and signage, g g, 13. Construction Type Tilt-up concrete type building, single sto 14. Planning & Zoning Commission Recomrnendatno~ flat roof. 15. Discuss Issue of Condition on Road Construction n for Approval Planning & Zoning Commission placed requ~ men ~cupancy road connection to Eagle Road be complete prior to occu nan Financing of property not possible with this P cy' ACRD representative present to discuss roadd snp'tuation edition. Lot 2 of Magic View Subdivision owner present to u date Council on property. P Applicant to provide for extra impact fees for construction roadway. of THANK YOU FOR YOUR TIME AND PLEASE App ITEMS WITH THE MODIFICATIONS AS PRESEN RO iVE THESE TED... \~ ENGi~yF~ • • - ~', ~`~ RUFFLE ENCIIVEERINCa, INCs 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ~ Fax 2081378-0329 v SURVE December 10, 1998 Mayor & City Council City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 RE: Midvalley Business Park Conditional Use Permit, Annexation and Rezone Dear Mayor & City Council; ~ _. We are scheduled to be heard by the City Council on December 15, 1998 regarding our application for Annexation and Rezone to C-G, preliminary plat approval of a five lot subdivision, and a Conditional Use Permit for the development of Lot #1 of that subdivision. There are a couple of issues that I would like to bring up at this time that we intend to discuss at the December 15"' hearing. First, is in regards to a letter I submitted to the Planning and Zoning Commission on October 15, 1998, after our October 13"' public hearing (copy attached/. Unfortunately, the public hearing was closed and the PAZ would not consider my request. Basically, the letter stated that we do not want to have Conditional Use Permit restrictions on our remaining four lots in our subdivision. On November 10, 1998, I submitted a list to Shari Stiles .of Principal Permitted Uses that we would like to include as uses not subject to Conditional Use Permits to be part of our Development Agreement (copy attached). Ms. Stiles has indicated to me that staff would support the specific Principal Permitted Uses listed in our Development Agreement to not. require a Conditional Use Permit so long as the City could maintain ~ some sort pf design review on the uses prior to issuance of building permits. We feel this is appropriate and have included it in our proposed Development Agreement that should be part of your application packet. As I stated, I will address this issue in detail at the public hearing and believe that the Council will agree with our position on this matter. The second issue is in regards to something that came up at the end of our last Planning and Zoning Commission meeting on November 10, 1998. At the previous meeting, the three above-mentioned applications were heard by the Commission. The public hearing was opened and several individuals, including myself, testified in favor of the applications. There were a few people who had comments, and I believe no opposition. The Commission and myself. exchanged questions and answers and the public hearing was closed. The Commission requested the attorney to draft findings of fact to be approved at the following hearing. At the November 10`h hearing, after the public hearing was closed, Commissioner Smith made a motion far our Conditional Use Permit to include in the findings a condition requiring that, prior to our occupying the building on Lot #1, the new road 0 • coming from Eagle Road and aligning with Allen Street be constructed. This motion was accepted and is part of the Commissions recommendation to the Council. Because the public hearing was closed, I was unable to comment on this issue and address the rest of the Commission. We will address this issue in detail at the December 15th City Council meeting. We want to be on record now that we are in disagreement with that condition being placed on our property. At the hearing, we will debate your process of adding conditions that are not addressed during the public hearing, and adding new conditions after the hearing record is closed. Thank you for your time and I look forward to our meeting on the 15th. I believe that all of these issues can be easily resolved and expect a positive outcome. Sincerely, Shawn L. Nickel, Project Planner Hubble Engineering, Inc. :m • \~ ENGI~yF~ • ~ 9550 Bethel Court s Boise, Idaho 83709 208/322-8992 ©Fax 208/378-0329 9 Q~ O ~ SUR~Ey October 15, 1998 City of Meridian Attention: Shari Stiles, Planning Director 200 E. Carlton, Suite 201 Meridian, Idaho 83642 Re: Midvalley Business Park Dear Shari: First, let me begin by thanking you and the Planning and Zoning Commission for the positive help and recommendations at Tuesday night's public hearing. I believe that we are on our way to a positive relationship. Something has arisen, however, that could pose a potential problem. On Tuesday I faxed to you a copy of my responses to the specific conditions contained within the City Memorandum dated October 08, 1998. In my letter, I stated agreement with all issues. That night at the public hearing, I confirmed to the Planning and Zoning Commission my agreement to those conditions. The issue that I bring up at this time is that I have misinterpreted one of the conditions. Condition #3 under Annexation and Zoning stated in the third sentence "All uses will be developed under the conditional use permit process as planned developments." I misread that statement by believing that we were currently processing a conditional use permit and planned development as part of the annexation process. Later that night at the public hearing, I believe one of the Commissioners asked you if all of the lots were subject to conditional use permits, at which time you answered yes. At that point I started getting confused, but, due to the excitement and other issues of the hearing, I failed to bring it up during one of my many trips to the podium. It wasn't until the next day at the office that we realized that a problem may exist. At this point, it is not our intention to obtain a new conditional use permit for each of the remaining four lots in the subdivision. We believe that the intent of the Comprehensive Plan for this mixed-use area, as stated in 5.14U, is founded on the fact that the area maintains ahigh-quality visual appearance. This is something. that we strive to achieve, to the point that we believe it can be handled through our development agreement, CC&R's, and through design review. It has been our experience that potential businesses shy away from particular properties in the City of Meridian due to having to go through the conditional use process. Not because of design standards, but because of the possibility of regulated uses. Uses that are principally permitted in the CG zone through the Meridian Zoning Ordinance should be allowed and not regulated through the • conditional use process. Obviously, if the use is designated in the Zoning Ordinance as a Conditional Use, the proper application procedures will be followed, but all uses are not appropriate. We would agree to Development Review by the Planning and Zoning Commission (or City Council) for each of the four remaining lots so that landscaping, lighting, buffering and other design and compatibility issues are discussed, and that the visual appearance concept described in the Comprehensive Plan is met. This review could include a notice to the neighbors in order to get their input. We cannot, however, agree to placing a conditional use restriction on our land that is zoned CG, and eliminate our zoning right to principal permitted uses in that zone. We can only except a conditional use permit limitation on our office site at this time, as we agreed to as part of the original annexation, zoning and preliminary plat process, but not on Lots 2 through 5. Therefore, I respectfully request modification to Condition #3 under Annexation & Zoning deleting the sentence "All uses will be developed under the conditional use permit process as planned developments", and replaced with "All uses principally permitted in the CG zone will be developed as allowed uses, subject to design/development review by the Meridian Planning and Zoning Commission." Shari, I feel bad that this issue was not openly discussed in the public hearing-and I hope it can be worked out prior to, and as part of, the next scheduled public hearing on November l0a'. I also need to state that in no way did I intentionally try to mislead you, or the Planning and Zoning Commission by not bringing this issue to light before now. I hope we can sit down and discuss this with the City Attorney as soon as possible in an effort to avoid ruining what I believe to be a good partnership between Hubble Engineering and the City of Meridian. Please contact me as soon as possible so that we may discuss this further. Thanks for your time. Sincerely, ~• Shawn L. Nickel, Project Planner Midvalley Business Park Cc: City Attorney, City of Meridian Meridian Planning and Zoning Commission Meridian City Council • HU~LE ENGII~IEERINC~, INC. Dear Planning and Zoning Commission and City Council; ~ y 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ®Fax 208/378-03. 9y Q. O O SURVEY November 10, 1998 The following is a list of Principal Permitted Uses allowed in the C-G General Retail and Service Commercial zone that we would like to be included in our Development Agreement as uses that are not subject to the Conditional Use Permit process. We would be happy to agree to any form of design review, or specific site design requirements as part of our Development Agreement: USES REQUESTED 1. Accounting Services 2. Administrative Services «a 4- r~ratvarivvri ~I7 t,: ,. ~.,..,•1:+;.~. 5. Bakery Stores 6. Banks or other Financial 7. Clinics (Medical, Dental & Optical) Sn-- ~ ~• b i i ~ +e.+ .«e«+ r~ «+ ,.n n,.+a,.,,.. 17 ~ o ~n sa~T+Q.i.°w°x'~°cg TL ~ 13. Hotels 14. Laundries, Commercial ~ c r a,. + eetc ce,..,:,.e ~ ~ ~,r,,,.«,.n..:ea 17. Motels r 19. Professional & Sales Offices 20. Publishing & Printing Facilities (small) 21. Restaurants 22. Retail Stores v, ...~........ 7A Ct L' nil•+' n.++.~~ a v.,., 27. Veterinary Clinics & Hospitals 28. Wholesale Facilities V ~ r 1 • We agree, through our Development Agreement to meet specific requirements as listed in the Meridian Zoning Ordinance for development in the C-G Zone including: Dimensional Design Standards (i.e. height, setbacks, lot coverage) Parking requirements Landscaping requirements (including open space) Lighting requirements Signage requirements Screening-and Buffering of adjacent uses requirements Thank you for your, consideration. Sincerely,®~ ~/ Q Shawn L. Nickel Project Planner EXHIBIT "B„ TO THE I)EVELOPNIENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND RUBBLE ENGINEERING, INC. DEVELOPER shall develop the property described in Exhibit "A" as a Conditional Use Permit for Lot #1, and as Principal Permitted Uses for the remaining lots. 2. DEVELOPER acknowledges and agrees that only the following listed Principal Permitted Uses shall be allowed on this property without Conditional Use Permit approval, subject to compliance with design standards within the Meridian Zoning Ordinance: -~ 1. Accounting Services; 2. Administrative Services; 3. Bakery Stores; 4. Banks or other Financial; 5. Clinics (Medical, Dental & Optical); 6. Hotels; 7. Laundries, Commercial; 8. Motels; 10. Professional & Sales Offices; 11. Publishing & Printing Facilities. (small); 12. Restaurants; 13. Retail Stores; 14. Veterinary Clinics & Hospitals; 15. Wholesale Facilities. 3. DEVELOPER acknowledges and agrees that all other uses not specifically listed above will be required to submit to the CITY an application for Conditional Use pursuant to §11-2-418 of the Meridian Zoning and Development Ordinance, and obtain the CITY's approval thereof, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Subject Property intended for retail or other uses, it being acknowledged that DEVELOPER has submitted an application for a Conditional Use Permit for the development of a professional office building on Lot #1, which application has been approved subject to the execution of the Development Agreement and the annexation of the Subject Property. 4. DEVELOPER agrees to comply with the requirements of the Nleridian Police Department, Nleridian Fire Department, Nleridian City Engineer, Meridian Planning Director, Ada County Highway District (hereafter "ACRD"), Central District Health Department and the Nampa-Nleridian Irrigation District. EXHIBIT "B" Nlidealley Business Park November25_, 1998 Page 1 of 3 D • MERIDIAN CITY COUNCIL MEETING: DECEMBER 15 1998 APPLICANT: RUBBLE ENGINEERING _ ITEM NUMBER:~_ REQUEST: ANNEXATION 8 ZONING OF 5 4 ACRES FOR MIDVALLEY BUSINESS PARK SUB. AGENCY CITY CLERK: 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: COMMENTS SEE ATTACHED MINUTES FROM P & Z SEE ATTACHED P & Z PACKET h~`' dy C' /~yd', jL U'6a iy~ Ct~r' l~,,e m ~ P~~,~~ ~`P~ c~~ r ~" ~iv~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission November 10, 1998 Page 17 De Weerd: Okay thank you. Aye. ROLL CALL VOTE: De Weerd, aye. Nelson, aye. MOTION CARRIED: All ayes. MacCoy: Okay decision of recommendation please. • Smith: Mr. Chairman the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law and that any other conditions required by the Meridian City Council. MacCoy: All in favor? MacCoy: Oh, we didn't get a second on that did we? Nelson: I'll second it. MacCoy: Now, all in favor? MOTION CARRIED: All ayes. ITEM NO. 7: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 5.4 ACRE FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION BY RUBBLE ENGINEERING - NW OF EAGLE ROAD / I-84 INTERCHANGE AND WEST OF EXISTING TEXACO: MacCoy: Commissioners, what do you have? De Weerd: Mr. Chairman there was a letter included in our packet from a Morgan Plant and I really didn't know what it had to do with this particular item. Was it supposed to be with this? MacCoy: Shari, what is that letter? I can't find it in my packet. Stiles: There's a letter from Mr. Plant, but it had to do an entirely different property. Mr. Plant his property is located south of Franklin Road and east of Locust Grove so I don't know - (End of Tape) • Meridian Planning 8~ Zoning Commission November 10, 1998 Page 18 Rossman: If the public hearing has been closed prior to receiving this letter, there would be a proper motion raised by one of the Commissioners that needs to be stricken from the record because it does have to be submitted during the public hearing. Perhaps if the applicant wants to or whoever submitted this letter wants to try to have it considered by the City Council at their public hearing they are certainty welcome to but it wasn't submitted during the public hearing in this matter. So it can't be considered by the Planning and Zoning Commission. MacCoy: Thank you Counsel. De Weerd: Mr. Chairman there is also a second letter in this packet from Shawn Nickel. This wasn't part of our public testimony either. Shari, do you have any comment on this letter? Stiles: We did receive that after the public hearing was closed. I don't believe that we can consider that. I would like to reserve maybe the right I don't know if you can do it in your Findings to go to City Council and see if there is a possibility we can work out a development agreement and restrictive covenants that would take care of our concerns at to not providing conditional uses for every lot, but as far as whether we can do that and you can strike it from your Findings or add something to the effect that all uses would be under the conditional use permit or site plan review as recommended by P & Z or approved by City Council. I think we could take care of them all on a site plan review. We have been trying to be pretty consistent in requiring the conditional uses for all uses. In some cases it has been a detriment to the property owner as far as being able to market the property, but I feel we do need to retain that control in all of those mixed plan use development areas. But not necessarily through a separate conditional use permit for every use. Smith: Mr. Chairman I have a question for Counsel. Is this the proper agenda item for this letter to be considered or would we be better off having that under the preliminary plat? Rossman: Well you basically have two options with it on this particular matter in that the public hearing has been closed on this particular application on the annexation and zoning. You can't consider new evidence. Certainly you can consider comments by staff, but you can't consider a new letter that's been submitted by anybody including Hubble Engineering. Your options are either to renotice it and have another public hearing and submit it into the record at that point or make a determination on the record that you have before you and send it on to City Council. They will have their own public hearing and they certainly can consider it during their public hearing. Smith: Well I guess. the question is if we want to impose the conditional use permit as part of the development agreement, would we be able to do that as part of the request • Meridian Planning & Zoning Commission November 10, 1998 Page 19 for the preliminary plat which is the next agenda item or would it have to be included in this annexation and zoning? Rossman: It would have to be in the annexation and zoning. I don't see any - Smith: Mr. Chairman in that regard then I would like to make a motion that we strike this letter from Hubble Engineering and the letter-from Morgan Plant from the record. MacCoy: Is there a second? De Weerd: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Do you have any recommendation for the project? De Weerd: Shari have we received any word from ACHD? Stiles: Mr. Snead informs we they just have a draft report. I haven't seen any kind of a report. Apparently they are meeting tomorrow about this access road that comes off of Eagle Road at the light there. I think that is going to be mandatory that that road be completed prior to much more development out there, but no we have no comments from Ada County Highway District. De Weerd: So you anticipate them discussing lot 2 which open up access to the signal. Stites: Yes. I don't know what the timing of that road construction is. Smith: And when you talk to restricting development in that area until that access road is built, are you talking about city restricting it? Ada County Highway District restricting it? Stiles: City. MacCoy: So what is your desires? Borup: Well I think that some of the things that we're alluding to and thinking about either is going to have to be handled by -well it's going to be handled by City Council. would think the applicant would rather us move this on and let them approach City Council on any other concerns they have. Does anybody agree that's probably what they - Meridian Planning 8~ Zoning Commission November 10, 1998 Page 20 De Weerd: Well the fact is we can include those into our Findings anyway. Borup: I know. The only thing I'm still wondering is the ACRD report. De Weerd: As far what? Borup: If there's anything we should be concerned about, but I think they are handling that. The other thing I noticed the other day this is a little bit off the subject, but it's in the same area they are not going to be able to not too far west of this project is the boundary for where the mixed use area ends according to the comp plan anyway so that all that property is not going to be developed as things now stand. So the comp plan is going to prevent it expanding all the back anyway. . MacCoy: We don't know that yet. Borup: The present comp plan will. But there's probably enough time for something. Anybody else have any other comments? Smith: I guess we could move the annexation and zoning along. Then you know we have a request for preliminary plat also which nobody can talk to the fact that we don't have a ACHD report on that agenda item and not have to hold anybody up. Borup: Sounds like a good idea to me. Mr. Chairman I move the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. Smith: Second. ROLL CALL VOTE: Borup, aye. Smith, aye. De Weerd, aye. Nelson, aye. MOTION CARRIED: All ayes. MacCoy: Decision and recommendation? Borup: Mr. Chairman I move the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law and any other conditions required by the City Council. Smith: Second. Meridian Planning & Zoning Commission November 10, 1998 Page 21 MacCoy: Thank you. All in favor'? MOTION CARRIED: All ayes. ITEM NO. 8: CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION BY RUBBLE ENGINEERING - NW OF EAGLE / I-84 INTERCHANGE AND WEST OF EXISTING TEXACO: MacCoy: Before we move on does staff have anything to add to this? Stiles: We have no comments. They have addressed the comments we made previously and submitted a revised plat. MacCoy: Are you speaking for both you and Bruce or is he -fine thank you. He say yes. This is a continued public hearing. At this moment I want to request the applicant come forward and if he wants to add anything to the record right now. SHAWN NICKEL NUBBLE ENGINEERING WAS SWORN BY THE ATTORNEY. Nickel: Mr. Commissioners, members of the commission, thanks for moving on that last item. I believe the reason we had this item tabled was to address that ACRD issue on the preliminary plat. Steve I don't know why we don't have the final report. I do have - I would like to submit tonight a copy of the minutes from the October 7th ACRD meeting that is signed by the commissioners. I could either read it into the record or present. It tells of their action on this application. I believe that would be sufficient as far as needing the final approval from them. MacCoy: Is it a short statement or is it four pages? Nickel: It's pretty short. MacCoy: Okay you go ahead and read it then Borup: Mr. Chairman maybe if he could read the parts he thought would be pertinent. Rossman: Preferably submit the copy into the record and read into the record just the portions that are relevant at this point. Nickel: It's a preliminary plat for Midvalley Subdivision. It's got the numbers. It says that the staff modified the conditions to provide for a deposit to the public rights-of--way trust fund for the site's share of the cost of construction of a .traffic signal and roadway improvements for the east west roadway. The cost will be computed by dividing the • DEVELOPMENT AGREEMENT This Agreement entered into this day of , 1998, by and between the City of Meridian, hereinafter referred to as "City", and Hubble Engineering, whose address is 9550 Bethel Court, Boise, ID 83709, the owner of the real property described herein and applicant(s) for Midvalley Business Center Subdivision, hereafter referred to as "Developer". WHEREAS, the Developer has applied to the City for a zone change to C-G of the property described herein to develop a Commercial Subdivision; WHEREAS, the City, pursuant to 67-6511A, Idaho Code, has the authority to conditionally rezone the property and to enter into a development agreement for the purpose of allowing, by agreement, a specific development to proceed in a specific area and for a specific purpose or use which is appropriate in the area, but for which all allowed uses for the requested zoning may not be appropriate pursuant to the Idaho Code and the Meridian City Code. WHEREAS, the parties do enter into this Agreement with mutual consideration as reflected in the covenants, duties and obligations herein set forth. 1. Description and Location of Property, Size of Property, Present Zoning: This conditional C-G zone shall apply to the property owned by Developer, hereinafter referred to as "the property" as specifically described in the attached legal description labeled Exhibit "A". The location of the property is generally west of Eagle Road and north of Interstate 84. The property was formerly zoned by the Ada County Ordinance as RT. Midvalley Business Center Subdivision -Development Agreement 2. Use Permitted and Restrictions Described by this Agreement: The sole use(s) allowed and restrictions pursuant to this conditional rezone as reflected in this Agreement are as follows: a.) Only commercial uses specifically allowed in the C-G zone shall be constructed within the Developer's property. The developer shall follow the development theme as outlined and attached hereto as Exhibit "B". No change in the use or restriction specified in this Agreement shall be allowed or changed without modification of this Agreement pursuant to the requirements of the Meridian Cite. In the event the Developer changes or expands the use permitted by this Agreement or fails to comply with the restrictions without formal modification of this Agreement as allowed by the Meridian City Code, the Developer shall be in default of this Agreement. 3. Construction of Use in Conditional Zone: The Midvalley Business Center Subdivision shall be constructed as shown on the plan attached hereto as Exhibit "C". Failure to construct the development consistent with this Agreement and the plan and conditions included as Exhibit "B" or construction in accordance with this Agreement and the plan and conditions included as exhibits without formal modification of the plan consistent with Meridian City Code, including the amendment of this Agreement, shall result in a default of this Agreement by the Developer. 4. Conditions, Bonding for Completion: All of the conditions hereinbefore described shall be complied with or shall be bonded for completion by the Developer before the use can receive a final Occupancy permit. -The Developer shall make no use of the project prior to the issuance of the Occupancy permit and full compliance with the Agreement and the Meridian Cit~Code. Failure to Midvalley Business Center Subdivision -Development Agreement ~ ~ comply or bond for completion of the conditions within the time frame established in the conditions, the Meridian City Code or the terms of this Agreement shall result in a default of this Agreement by the Developer. The Developer may be allowed to bond for certain conditions at one hundred and ten percent (110%) of the estimated cost of completion pursuant to Meridian City Code. 5. Commencement of Construction: The Developer shall commence construction within 365 days of the effective date of this Agreement as specified in Section 12. In the event the Developer fails to commence construction within the time periods herein stated, the Developer shall be in default of this Agreement. 6. Default: In the event the Developer, her/his heirs or 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 the Agreement, this Agreement may be modified or terminated by the Meridian City Council upon compliance with the requirements of Meridian Cit~Code. In the event the City Council determines that this Agreement shall be modified, the terms of this Agreement shall be amended and the Developer shall comply with the amended terms. Failure to comply with the amended terms shall result in default. In the event the City Council, after compliance with the requirements of the Meridian Cit~de, determines that this Agreement shall be terminated, the zoning of the property shall revert to RT Zoning. All uses of property, which are not consistent with RT zoning, shall cease. Nothing herein shall prevent the Developer from applying for any nature of use permit consistent with RT zoning. A waiver by the City of any default by the Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of the City or apply to any subsequent breach of any such or other covenants and conditions. Midvalley Business Center Subdivision -Development Agreement ~ ~ 7. Consent to Rezone: The Developer, by entering into this Development Agreement, does hereby agree that in the event there shall be a default in the terms and conditions of this Agreement that this Agreement shall serve as consent to a reversion of the subject property to RT zoning as provided in Idaho Code. 8. Notices: Any and all notices required to be given by either of the parties hereto, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, address as follows: a.) To the City: Meridian City c/o City Clerk 200 E. Carlton, Suite 201 Meridian, Idaho 83642 b.) To the Developer: Hubble Engineering, Inc. c/o Bill Johnson 9550 Bethel Court. Boise, ID 83709 Either party shall give notice to the other party of any change of their address for the purpose of this section by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement 10. 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 Midvalley Business Center Subdivision -Development Agreement 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 party so failing to perform. 11. Binding Upon Successors: This Agreement shall be binding upon and inure to the benefit of the parties' respective successors, assigns and personal representatives. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquiring an interest in the property. 12. Effective Date: This Agreement shall be effective on the date the Meridian City Council shall adopt this Development Agreement. 13. Requirement for Recordation: The Developer shall record this document, including a paper copy of Exhibit "A" and Exhibit " B" prior to the formal recording of the final plat of Midvalley Business Center Subdivision. Failure to comply with this section shall be deemed a default of this Agreement by the Developer. 14. Exhibit B: Exhibit B is attached. It is the Preliminary Plat of Midvalley Business Center Subdivision which was approved by the Meridian City Council on 1998. Midvalley Business Center Subdivision -Development Agreement ~ ~ IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed, on the day and year first above written. Dated this day of , 1998. MERIDIAN CITY By: ATTEST: STATE OF IDAHO) :ss. County of Ada) On this day of , in the year ,before me, ,personally appeared ,known to me to be the of the that executed the said instrument, and acknowledged to me that he/she executed the same. NOTARY PUBLIC FOR IDAHO (SEAL)Residing at: ,Idaho My Commission expires: DEVELOPER By: STATE OF IDAHO ) ss. County of Ada) On this day of , in the year ,before me, ,personally appeared ,known to me to be the of the that executed the said instrument, and acknowledged to me that he/she executed the same. NOTARY PUBLIC FOR IDAHO (SEAL)Residing at: My Commission expires: Idaho Midvalley Business Center Subdivision -Development Agreement ENGIAi,. '`~ 7~ RUBBLE ENGINEERING, INC. ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 2081378-0329 URV Project No. 9818900 August 13, 1998 EXHIBIT "A" DESCRIPTION FOR MIDVALLEY BUSINESS CENTER SUBDIVISION Lot 10 of Amended Magic View Subdivision, according to the official plat thereof, filed in Book 52 of Plats at Pages 4445 and 4446, and Amended by an Affidavit recorded July 13, 1986, as Instrument No. 8629311, Official Records of Ada County, Idaho. Prepared by: RUBBLE ENGINEERING, INC: GGC/vw/MidvalleyBusinessCenter Gregory G. Carter, P.L.S. • .~ `.-... i _- -re'1~-. -~ ,:;:.~ ~,'`~ Title rile Yo.: 393-217;9 ~~ a, • s • FOR VALUE RECEIVcO i s~~$~'~'~„~~~~ 3RI,~ L=dViTY, as unmarried mast GF~INTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto R~\rDY JOSEPH !+'ORDE\ and LiYS'c., NOSE t<CRDES, husband and ~•i~_ GRANTEE(S). whose current address is: 62i Allen Street `leridian, Idaho a3~ounty, State of Idaho, the tollewing described real property in Ada ' mere particularly described as follows, to wit: Lot 10 of 3`;PSDED ?laGIC VIEt+ Sli3DIFISIO\, according to the official plat thereof, filed ir. 3001: 52 of Plats at Pages 4445 and 4446, and 2mended by an affidar•it recorded July 13, 1986, as Instrument ~o. 8629311, Official Records of 3da County, Idaho. :;3..70205 _ ....BOISE TITLE & ESCROW ~ 0~ '°3 P,UG 27 0~ 1129 TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assiS:is lorever. And the said Grantor(s) does(do) hereby covenant to and wi±h the said Grantee(s), that Grantor(s) isfarc the owner(s) in fee simple of said premises; that said premises are tree from all encumbrances, EXCEPT those to which This conveyance is expressly made subject and those made, suffered or done by the. Grantee(s); anal subject to reservations, restrictions, dedications, easements, rights of way and agreements, (it any) of record, and general taxes and assessments. (including irrigation and utility assessments, it any) for the current year, :which are not yet due and payable, and that Grantor(s) will warrant and delend the same from ail lawful claims whatsoever. Gated: ,ugust 17, 1993 _ r 3rian Leavitt STATE OF I!1a,10..........., County of .. aaa ................ ss. /^ On this ... ... : day ot :~~;~i4?5.~ .............................. In the year ot;: ~Q3..., belore me, the undersigned, a Notary Pubtlc tp•`~isii"''c4,~ said Stale, personally appearod ~ ~ .. .,. ~~F !!y ........................ ...~:.4ivT ,ro ~:.1,. ....... ..... ,~........ kiiowneor td~!ea tis- ~jf~ ;he.persan .. ..w~ose.n~ute FIDA'-,~+° ,~ rgrrnnrrrNamoc Tait II11..: r.. ~.: ~.:.. Y.k.QrJ~.......... PrOr o, o,me s3eslntN~ IN cAGLE, ll~o P.osiding ai :................ . ~. r:3-i2 . o. Fn'Y'Cbh .uv commission ^xnlr~,syn .............:..:.......... ~s?~lf L~~~`rJv 12i~~r ~ ;~.~4'ii~~~ ~. Page 1 of 1 • 11 August 1998 "EXHIBIT B" Midvalley Business Center Subdivision Business Park Development Theme Midvalley Business Center Subdivision will be developed within a design theme incorporating the following continuity standards that are provided by a series of coherent design components. The design components are related by common scale, shape, texture, color, construction and landscape. The Development Theme includes the following components: Idaho wildlife theme throughout the Business Center to include extensive use of outdoor, all weather, permanent, free-standing animal sculptures, including recognizable Idaho wildlife species. These public art sculptures will be placed in a natural landscape setting, indigenous to the wildlife species. Subdivision plats with Covenants, Conditions and Restrictions (CC&R's) will be filed to ensure that future lot purchasers conform to the Midvalley Business Center Subdivision development theme. Architectural Control Committee -Responsible for review and approval of all Midvalley Business Center Subdivision building, landscape and signage designs (initial design review). Meridian Design Review Committee -Responsible for review and approval of all Midvalley Business Center Subdivision building, landscape and signage designs (secondary design review). Architectural Design Theme throughout project -Arch elements over entries and windows, color-coated windows and doorways to provide shadow relief and color coordination throughout the project. Small, functional planters and landscape areas located at exterior window and entry positions where possible. Concrete column design features, and distinct signage consistencies are a few of the focal points throughout Midvalley Business Center Subdivision. Scale -Two story buildings within the Commercial General (CG) zone. Shape -Various configurations of rectangles arranged to minimize box appearance by using "offset", "I" shape and "U" shape to create interior courtyards where possible. "Offsets", "I" and "U" shapes will provide modulation, indents and give variety to the site building shape. Texture -Surface treatment of concrete accent areas and ribbed bands formed into the exterior concrete above doorways and window openings. Color -Primary tones used on building bodies (such as, but not limited to, tan, light sienna, beige, light green and green-grays) with limited use of dark accent coloring (such as, but not limited to, rust, burnt sienna, teal, burgundy and maroon) of textured concrete and ribbed bands. Construction -Tilt-up concrete. Painted concrete, masonry or synthetic stucco products. HVAC -Facilities screened from ground level view. Roof -Pitched roof element incorporated into building design predominantly in smaller buildings. Landscape -Extensive perimeter and building site landscaping and berming in accordance with approved Development Agreement. The Architectural Control Committee will consider a variance to the Midvalley Business Center Subdivision development theme for individual building considerations on a case by case basis as long as the overall development theme is not compromised by the variance. MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: NOVEMBER 10, 1998 APPLICANT: RUBBLE ENGINEERING AGENDA ITEM NUMBER: 7 REQUEST: ANNEXATION 8, ZONING OF 5.4 ACRES FOR MIDVALLEY BUSINESS PARK SUB. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: COMMENTS SEE ATTACHED MINUTES FROM 10/13/98 SEE ATTACHED LETTER RECEIVED 10/14/98 SEE ATTACHED LETTER RECEIVED 10/15/98 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: SEE ATTACHED FINDINGS ~J~ Q kl' G ~ ~v ~U G -W BUREAU OF RECLAMATION: OTHER: Ail Materials presented at public meetings shall become property of the City of Meri ian. - ~, ~ n ~. 1 L m Ce m'l '~~ ~ ~`~ . ~q, a ERIDIAN PLAN AND ZONING COMMISSION M~TING M OCTOBER 13, 1998 PAGE 58 De Weerd: Yes. MacCoy: Okay, I'm going to close the public hearing officially. Commissioners what is your desire? Smith: Mr. Chairman, I would like to make a motion that we ask the city attorney to prepare Findings of Fact and Conclusions of Law to approve this item. Nelson: Second. MacCoy: All in favor? De Weerd: I haven't voted. MacCoy: You didn't vote? De Weerd: No, I didn't. Smith: Did you want me to add your....Can I withdraw my motion? MacCoy: You withdraw your second. Smith: Yeah, I'll withdraw his second. MacCoy: You will. Nelson: If he lets me. MacCoy: Lets go back again. Smith: Mr. Chairman I would like to make a motion that we direct the city attorney to prepare Findings of Fact on this item to approve it with the condition that the applicant come back before this commission for site plan review. De Weerd: Second. MacCoy: I hear a second. Okay, she said she had a second. All in favor now? MOTION CARRIED: All ayes. ITEM NO. 14: REQUEST FOR /~ MFJGATION AND ZON~~IG OF'S.4 ACRES FOR PIPQSE[J AAII?Vi~iLL'~SfN~SS PA~~$~SION BY NUBBLE ENGINEERING - NW OF EAGLE ROAD/ I-84 INTERCHANGE AND WEST OF EXISTING TEXACO: IAN PLAN AND ZONING COMMISSION M~TING MERID OCTOBER 13, 1998 PAGE 59 MacCoy: Well Bruce do you have anything while we are waiting? Freckleton: Mr. Chairman, members of the commission, I will address public works type issues on this. MacCoy: Alright, proceed. Freckleton: The proposed subdivision is a re-subdivision of an existing lot in the county. Services, sewer service to this site will be off of an extension of a line that was extended to St. Lukes about three years ago. Water the same situation, they are going to have to extend the lines to and through for service to this subdivision. We did comments, prepared comments, we have written response from the applicant. Do not see anything in the response that they've taken exception to... So, that's about all I have. MacCoy: Okay, Shari? Go ahead, do you have anything? Stiles: ...comments. MacCoy: You are looking for your comments. Stiles: I did not get the majority of my comments... MacCoy: Okay, we'll come back to you then. Alright, it's a public hearing, is the applicant here to speak? Very good sir. SHAWN NICKEL, 9550 BETHEL COURT, BOISE, ID. WAS SWORN IN BY THE ATTORNEY. Nickel: Mr. Chairman, would you like me to address all three of the applications at this time, or do you want to go one at a time? MacCoy: We are going to have to take them one at a time, but if you want to make one broad statement, it will probably save some time. Nickel: Yes, I would like to be brief because of the time of night. I have read through staffs comments. We are in favor of all the requested conditions of approval. We have no problem with any of those. As far as the annexation, we are requesting the annexation of 5.4 acres. It is lot 10 of Magic Uew Subdivision which is a currently platted subdivision in the county. We are requesting a zone change to CG which is general retail and service commercial from the current RT zone of the county. We believe that CG zone is compatible with the existing use to the east which is the Texaco service station mixed use development and we believe that the request complies with the Comprehensive Plan. In regards to the preliminary plat, we are proposing five lots at this time. Lot one is approximately 2 acres, a little more than the other ones, but less than an acre in MERIDIAN PLANN~ AND ZONING COMMISSION M~ING OCTOBER 13, 1998 PAGE 60 size. This is on the corner, southwest corner of Allen Street and Magic View Drive. ACHD has reviewed this and their commission did approve of the design last week. You do have their comments in your packets, I believe. We have agreed to dedicate right-of--way curb, gutter, sidewalk, improved pavement on our portions of the property. Sewer and water is available and we will extend those as per the public works department. As for the conditional use permit, Commissioner Smith, I apologize for not having the elevations, we were following the application requirements and I have made a note and in the future I will provide you with the elevations so you can all see them and I know how important they are to review and make your decisions so I will get those to you in the future. However, you did get to see the one copy that I did present, we are proposing on lot 1 which is approximately 98,000 square foot lot, we are proposing a 24,560 square foot office building that would house Hubble Engineering, our corporate office. We believe that the City of Meridian would provide excellent services and we would like to be part of the city with our development and our office. We have designed this site based on the standards and requirements from the Meridian zoning ordinance including landscaping, parking, space requirements and lighting. We do have two proposed signs at the entrance to our development, those will be low profile monument signs, rock signs. They will be illuminated, low light illuminated. As far as the design of the building itself, that will be a tilt up concrete type building single story with a flat roof. We did hold a neighborhood meeting on all three of these applications last week and we had five neighbors attend and everything seemed positive. We did review what we were proposing and I felt when they left that we accomplished a lot in holding that meeting, even though that was not required by the code. I would like to thank Shari for her help in going through the process. We do appreciate that. I will open for any question you might have. MacCoy: Number one, I'll thank you for doing what your business is, it helps all of us. Commissioners any questions to Mr. Nickel. Borup: Just one Mr. Chairman, well I don't know, maybe more than one. You said ACHD approved this last week? Nickels: Last Wednesday at noon, I believe. Borup: With-I do not have a copy of the ACHD report. I don't believe anybody up here does, so. Nickels: I have their draft, they have not given me their final. Borup: (Inaudible) for some reason they don't trust us with a draft copy. Nickels: Well, I'll just put this back. MERIDIAN PLANNI~ AND ZONING COMMISSION ME~NG OCTOBER 13, 1998 PAGE 61 Borup: Apparently they don't everyone gets one before we do. Was there any conditions or any concerns that they had? Nickels: The only issues that they had, it wasn't really issues, they require specific spacing between our entrances and we had already designed based on their standards. Borup: They didn't have any concern on traffic on Magic View being able to handle the traffic? Nickels: we did discuss the future connection from the stop light on Eagle Road and that was-we have agreed to provide-I want to say impact fees, but the fee to, our portion of the fee for that future road and that future signal. Borup: That is an existing signal. Nickels: Yeah. Borup: So they did have some concerns on Magic vew. Nickels: They didn't have concerns, they just-they made it sound like they already made their decision that they've discussed it with the city. We are in agreement with whatever the city and the highway district come up with. Borup: I think what at least I was wondering, I'm assuming, maybe it depends on your time frame, but Magic View is still going to be your entrance for some time to come. Nickels: Commissioner, it would be a benefit to us to have that light and... Borup: And then what I was wondering about the future development. Do you have any anticipated usage at this point at all? I realize that there is noway of necessary knowing, but what do you visualize for the other. Nickels: We would really like to see medical, medical type uses. Conglomerates to the St. Lukes, if possible, but we obviously not going to turn down anybody who comes in with a permitted use in that CG zone. Our preference would be the medical type of office. At this point, we haven't been approached by anybody. MacCoy: Commissioner De Weerd? De Weerd: You have responded to all the comments that you received from staff. Nickels: I have. MERIDIAN PLANN~ AND ZONING COMMISSION M~ING OCTOBER 13, 1998 PAGE 62 De Weerd: And you are in agreement with the landscaping lots, Item #4, as far as increasing that from a 20 foot to a 30 foot minimum frontage? Nickels: That was on lot 5 our flag lot, that is not a problem. That was my only question. MacCoy: Commissioner Smith? Smith: Just a clarification on the access to Eagle Road, discussion with ACHD was tying Magic mew into a route that accessed an existing signal light, not an additional light. Nickels: That's correct. Smith: That's what we've gone through with the Chevron thing. Nickels: Commissioner, we feel it would be a benefit to our development to have that proceed and we are in favor of it. Smith: Your application states that you want for your own site an equipment yard, I didn't see any equipment yard indicated on the plat on the plan there. Nickels: Yeah, I don't know, did you guys get a full sized copy of it? Smith: The same one you've got there. Nickels: Yeah, the equipment let me try to hold it straight here. The equipment yard would be-it's more or less to house our survey trucks, keep them safe, because they park in the garage and then the excess will be parked out in these parking areas right here. MacCoy: What is this, security section on it? That's the one in the same area? Okay, that's (Inaudible). Nickels: What they do is house the survey equipment to keep those protected we would have a small fence right in this area right here. Smith: What type of fence do you... Nickels: We were hoping for a razor wire, something-I hate to say that, but I don't think you would allow us an electric fence, just kidding. Something low key, but something to help the cause. Smith: On your, I'm jumping around on these three items too, so wrap this thing up quickly, but your plant schedule is not keyed in on your plan. You've got a MERIDIAN PLANNI~ AND ZONING COMMISSION M~ING OCTOBER 13, 1998 PAGE 63 plant schedule, but none of your planning is on your planner are described to what-which of these trees and shrubs are going where. Nickels: Right, and we will get more specific when we get a landscape contractor, we are going to meet the code requirements of the three inch caliber trees and we do have the locations on the site plan it's self. It's just a matter of which specific trees will be there. Smith: Okay, I did look at the elevation earlier and... Nickels: If I may, I'd like to turn the page so everyone can see it. Smith: It's all going to be a tilt up concrete? Nickels: That's correct. Smith: And just painted color scheme? Nickels: As light and not obnoxious as possible. Probably grays and beige. Smith: What is the overall height of that building? Nickels: It's one story, I'm not sure of the exact height. Smith: So maybe 14-16 feet, something like that? Okay, that's all I have. MacCoy: Commissioner Nelson? Nelson: I have no questions. MacCoy: Now is a public hearing, is there anybody here who would like to get up and talk? RICH ALLISON, WAS SWORN IN BY THE ATTORNEY. Allison: I would like to speak in favor of this development. Rossman: When you say you speak for the owner of the development, who is that? Allison: I represent the owner of the property currently who is selling the property. Rossman: And who is that? Allison: His name is Randy Worden. MERIDIAN PLANNI~AND ZONING COMMISSION ME~NG OCTOBER 13, 1998 PAGE 64 Rossman: Please continue. Allison: This property is part of 30-40 acres in total that is currently in the mixed use zone of the City of Meridian that will probably be becoming forward during the next year, most of which-a lot of which is already sold and this type of development will lend itself well to the overall plan of developing, the full amount of property. I do want to speak with regard tot he road because there does seem to be some confusion on many peoples part as to when the new road will be built from the signal light back into Allen Street and that really has more to do with the City of Meridian actually approving the easement for the benefit and the plats showing the road so that the road can be approved by ACRD and ACHD can then acquire the property that is not given by the developers. Apparently ACHD does have the money in impact fees to build the road, but this has gone on as staff know, for about two and a half years, maybe three years where the road has not been designated because the city had not approved the annexation and zoning for the Chevron station, Idaho Power Credit Union and then the next piece of property that is involved would be the next property going west which would be the remainder of the road, of which would be about additional two acres, which would have to be either purchased or given by the developer of the property to the west. Upon that being completed and the developer providing his portion which maybe required and the remainder of the road which will eventually be a five, five lane road is the way that it's designed to tie back into the signal will be built by the remainder by impact fees. There should be clarification on that. It's not like Hubble Engineering, or anybody else, everybody is willing to get their impact fees to provide for the road, an impact fees today are there to build the road. They can't build the road until such time the easements are approved by the City of Meridian. So it's kind of a catch 22 that has gone on for about two and a half years now. So this will be addressed and if anybody wants clarification they can discuss it with ACHD, I've done it on numerous occasions, as well as a number of the property owners who are currently involved in selling their properties. So that is kind of the issue and where that issue is today, but the road will be there and at such time the road is there, there will be five lanes of road eventually which can provide up to about 30,000-40,000 cars a day which will probably be generated by this development when it's fully developed, if in fact the additional property to the west is placed in a mixed use development zone, by the new Comprehensive Plan changes, if in fact those take place. Right now, we have about 30 acres that is being addressed. I do want to look at this type of development as high quality development adding great value to the City of Meridian in the right location and I think it will benefit the city to have this quality developed in our city. Thank you. MacCoy: Thanks Rich. Is there anybody else who would like to come up and- come ahead. I thought you were waiting for something. MERIDIAN PLANNI~ AND ZONING COMMISSION ME~ING OCTOBER 13, 1998 PAGE 65 WANDA BUCKERT, 971 WELLS CIRCLE, LOT 20, MERIDIAN, ID. WAS SWORN BY THE ATTORNEY. Buckert: I would just like to say that by using Magic mew all the time, I would like to see the road go in before any construction starts. I'm not opposed to the new developments at all, but we can hardly get in and out on Magic mew now, and if they start construction bringing in big equipment, it'll be terrible. So there are several of us still in the back that this will effect very much, so if we can get the road in first and then the development. That's all I have to say. MacCoy: Thank you for your statement. I think it's needed. Is there anyone else out there that would like to make a statement? Sorry you have to leave your easy chair back there. BOB BARNES, 2855 MAGIC VIEW DRIVE, LOT 9, MERIDIAN, ID. WAS SWORN IN BY THE ATTORNEY. Barnes: Like I said, we are lot 9, we are adjacent to...the (Inaudible) Mr. Allison referred to the Comprehensive Plan change we are currently-30 feet of our lot is mixed use designation right now and the rest of our property is not, so Shari we would like to... (END OF TAPE) Barnes: ...so as part of this whole development that's one thing we'd like to see is the comprehensive plan changed to put our adjacent 5'h acres in this mix. Because we do believe this whole piece of property could very well benefit the city of Meridian as a high quality commercial development area. It's low density residential right now. I say our lot is 5 %Z acres. This piece of property is 5.4 and the one next to us is over 5 acres. There's a lot of area in there, and great access, a good tax base for the schools. Concerns I guess would be who buys the property that Hubble Engineering isn't going to use I mean these other lots. I guess we wouldn't mind if we are in the comprehensive plan for mixed use because then we can use our property to blend in to whatever else is going on. So that is a concern. The other concern would be I don't know what kind of berms and fences and such they are going to put up, but we don't want the visibility to our property messed up. We also it might be such a thing as we can berm it to cut down the noise factor. I don't know how all that stuff works. Something that would be conducive to further development on down through the properties. Then the access road. We'd love to have the new access road. Whatever needs to be done there would be great. We can live with the way it is for a limited amount of time with the amount of traffic increasing all the time on Eagle Road and into that particular development. It would sure be nice to have a light to get in and out. That's about all I have. MacCoy: Any questions for him? None. Thank you very much. MERIDIAN PLANNI~AND ZONING COMMISSION ME~ING OCTOBER 13, 1998 PAGE 66 Borup: Maybe just a clarification, Mr. Chairman, because there's been two comments made to the comprehensive plan and mixed use designation. A comprehensive plan designates general areas. It deals more in generalities and someone correct me if I'm misstating this, but it's not like a zoning map where there's a specific boundary designating specific areas. It generally talks in a general area, so I don't think we're talking about specific lineal boundaries on a mixed use area. They're just saying generally in that area. Is that a fairly correct statement Ms. Stiles? Stiles: Commissioner Borup, Commissioners, to a certain extent as far as being a generalized land use map for the park areas, well sites, of course those can't be specific, but as far as the designation of the land use on specific pieces of property the city cannot accept applications or act on any applications that are not in compliance with that generalized land use plan. So they would have to submit an application for single family residential until the comprehensive plan is changed. Borup: Okay so there is a specific boundary on the mixed use designation on the comprehensive plan. Stiles: I guess you can just go crazy on that 30 feet. Borup: Okay so then my statement was incorrect. Stiles: There are some problems - Borup: There is a specific boundary. Stiles: I was being sarcastic there, but there are problems with the land use map. I think everybody recognizes that. We've also got some major problems with the - that I hope is being addressed now with the ad hoc transportation committee as far as designating at some point an access from Eagle Road to Locust Grove somewhere in that area. Our problem is we come up against time and time again is opposition to project is just based on the fact that there isn't a plan in place for issues such as roads and buffering, and I don't think anyone believes that that whole area is going to development as single family residential. I certainly don't want to see it develop like that. I don't think you are going to find a lot of people that want to live in a single family home next to the freeway. We definitely do need a plan. We're going out for proposal for a consultant to assist with our comprehensive plan that should be in the paper within the next week or two and hope to have that completed by next year, but unless legal counsel has some other direction, I've always been taught is planning and part of the local land use planning act that you cannot make a decision unless it does comply with the comprehensive plan and that includes the designations on that map. MERIDIAN PLANNIRG AND ZONING COMMISSION ME~ING OCTOBER 13, 1998 PAGE 67 Borup: So my question and this is something for my clarification is the designations on the map do have specific boundaries then. Stiles: Yes, they do. Borup: On some items but not on all. Stiles: I think when you're talking about the proposed park sites it also goes with the text that one is needed in that area such as the school sites typically. Borup: A lot of the commercial areas are designated the same way, just general circles. Stiles: In that area, yeah. I mean you can't say well this is commercial in this little circle here, but then you're mixed planned use development so you're okay for a - Borup: Okay, that clarifies it for me. Thank you. MacCoy: The transportation discussion you mentioned there, we have all the committee and we're going to have our thing finished by the end of this year to the Mayor's office, so I think we're coming down the road right now. It looks pretty good. De Weerd: Am I to understand that on the roads, they cannot be built until the property is proposed and zoned accordingly; is that what I understood? So when someone says we'd like the road in there before any development is there, we can't get development until we have someone developing the property next to it? Stiles: I'm not sure what Mr. Allison meant about the city approving easements for the road. I don't know that that had been an issue that I was aware of as far as approving those easement. We have given them input of our preferred location for it out of two scenarios that they gave us. The problem comes down in the transportation element of the comprehensive plan when you're planning a major five lane roadway you really need to plan that have that as part of your comprehensive plan to avoid all the issues later that well this was never proposed so therefore it's in opposition to your comprehensive plan. I guess I would like that element of the comprehensive plan cleared up so we have some access and we have some policies on limiting access on certain roadways so we don't have the land lock and problems that we have now that you can get there there's one way in, one way out and no cross access throughout the city so I think those kinds of issues need to be included in the comprehensive plan whether they're in an exact location at this time is not an issue as much as some kind of a general grid system that can be approved and is logical for planning for the city. MERIDIAN PL,gNNI~AND ZONING COMMISSION ME~ING OCTOBER 13, 1998 PAGE 68 De Weerd: So until that's updated, we're always going to have this issue as far as how far is the road going to be built and will some of the congestion on Magic View be -will they have any relief from that. We're waiting for the comprehensive plan to be updated? Stiles: Not on this issue. I mean I think Rich owns the parcel where actually - is that true where the road would come through or at least he has an interest in seeing that that develops. I don't think even if you had all of that property zoned single family residential, you're going to need public road access to that light. De Weerd: Will we have any response from ACRD on what their plans are with that and what kind of time frame so the next project we get, we're not faced with the same issue as what are they doing with the roads and what kind of access relief are we going to have? Stiles: I'd like Rich to answer that. Rich Allison if you - Smith: And before he gets up, when we were hearing this Chevron project, Terry Records with ACRD got up before this commission and had four or five different alignments for this tie into the signal light road. I was under no impression by him that he was waiting for the city to tell him where we wanted him to put his easements in and I wasn't under - he never made any statements to the fact that the impact fees were there ready to do the roadway. I hope that that is in deed true and that they are in place to build the roadway and it would go in as this project is being developed, because I drive Eagle Road through there every day and it is a nightmare. It is one of the -it's going to get busier and busier and for this whole area here to develop into a kind of a C-G area is -they've got to have access to that signal light. It needs to be done now before we start building. stuff out here. So it would be helpful to find out what ACHD's status is on that and get a copy of their ACHD report with regards to this project. MacCoy: Before you answer Rich, I've been sitting on a regular basis with the transportation commission because they have failed to give us a lot of material which we are now really pushing for. One of the things that's going to help us in this thing is having this land go to C-G which turns the tables on the fact that they've got to bring that thing back into the present day and not talking about the year 2000 plus that when we'll ever see anything in there. Smith: Right and not waiting for additional parcels to the west here to be developed. I mean if we're going to approve this one here, I mean we already had this bloody motel project come before us that's got access Eagle Road the same way and we've got the same problems with that project. MacCoy: I understand. That's the reason we're pushing on a weekly basis with them. We meet - MERIDIAN PLANN~ AND ZONING COMMISSION M~ING OCTOBER 13, 1998 PAGE 69 Smith: I hope that they're not using some excuse they're waiting for this project behind where the Chevron was approved to go forward. If the impact fees are there now then it needs to go in now. MacCoy: Well I have not heard that as an excuse. Borup: But isn't that where the road needs to go to the next project to the west? That's where the alignment was coming in. Smith: Yeah, it was coming in behind that Chevron there. Borup: Right in the next parcel. Allison: I can clarify that because ACHD has made a decision on the long route. The long route goes basically from the signal light, it goes acro ~ovedtbp the City which is where Idaho Power Credit which has already been app Y Council and then it swings along to the west and south to a line basically on the west line or a little bit to this side of the west line of lot 2 which is the alignment of Allen, and that's already been decided by ACHD. The thing you really need to keep in mind with regard to the easement. These easements are very expensive property. This property on Eagle Road is selling for like $7 a foot and when you take 300 400 feet across the top of lot 1 by a width necessary to build a five lane road, which is about 90-120 feet and figure out we're talking about somewhere in the vicinity as I recall $450,000 just in terms of the costs of the easements to build the road. Let alone the cost of building the road and it is my understanding and I've seen the plan from ACHD, they are going to initially bring in five lanes cut it down to two and bring it down to Allen and then at such time necessary, they'll widen it out to five lanes, but they are buying the entire five lanes, so it's a very expensive project. Not only in terms of easements, but also expensive because it is collector status street. They have to buy them with the exception of the portion the development may give if they didn't already have access so there's a lot more involved in that, and I'd rather have like Gary Smith with the city or Terry Little with ACHD come over and review it with him. I've gone over it with him. I know that Mr. Moore is here. Dick Moore who owns lot 2 and he is aware of all the easements necessary that would go through his property and they do prefer yes that the developer give a portion of the property. No question about it. It's very expensive property and that being the case they're trying to - but in addition to that my understanding from ACHD was the city must make their decision first with regard to the easements along the north boundary in the annexation and zoning to designate that first before ACHD can buy the alignment and create the final draft on the alignment and that's something the city can clarify. I'm not involved in that, but I have had about six meetings with ACHD on that specific thing. That's why it keeps getting delayed and delayed and delayed. Borup: Mr. Allison, when you say the city must approve the easement, you're saying just approve the plat? MERIDIAN PLANN~ AND ZONING COMMISSION ML~ING OCTOBER 13, 1998 PAGE 70 Allison: That's correct. Once the plat is approved showing the easement. Borup: But that's all it is. Allison: Which has been on lot 1. It could condemn lot 2 at this point if they wanted to pay that much money for all of the easement that's remaining. Borup: Who could condemn? Allison: ACRD. MacCoy: They have that power. Allison: They have the power to do it. But you're talking about 3 or $400,000. Borup: The city is not really holding up the thing. It's just a matter of approving the plat. Allison: That's exactly right. That's why I'm saying it's just a matter of the process being completed by everybody to get to the point where the road can be built. Borup: Didn't that happen the last city council meeting? Allison: On lot 1. Stiles: It's only on lot 1. We never had any proposals for lot 2 so we can't take action on property that's not - Allison: That's the whole point. MacCoy: And Rich before you leave, the thing that we're looking at which is also tied into the city to the Mayor's office and so on is that we're doing our studies all over the entire Meridian area because it is costly ACHD realizes that they better buy now. It's going to cost later. So it's a rob Peter to pay Paul story and they want us to come up with a priority listing next month to say Meridian what do you want to do with your money right now? We've got the money, now where do you want to put it? And this exact place which she's been speaking of is one of our prime targets. It's where we've got to make that decision as a city tell ACHD what's first on the list. Allison: That's exactly true. One further thing I may say if you allow me, projects like this that's 24000 square feet probably cost in the vicinity of $100 a foot on per square thousand square foot basis they're going to contribute an impact fee I'd have to calculate it exactly but Shari probably could you know we're talking MERIDIAN PLANN~ AND ZONING COMMISSION M~ING OCTOBER 13, 1998 PAGE 71 about a lot of money. We're also talking about a lot of money for the motel. Seventy one rooms, I think that's like $1200 per room. I can't quote it, don't use that figure. I mean it's a lot of money. And also the Chevron station is a lot of money. We're talking hundreds of thousands of dollars and we're talking about a road that will cost a few hundred thousand dollars if everybody does - MacCoy: And we realize that. Allison: That's why I'm saying it is a self servicing, but in addition to that if you look at ten million dollars worth of tax base there at two percent per year, we're talking $200,000 a year in taxes. MacCoy: You're right. Allison: Quality development. De Weerd: I just have one more question and that is there's five lots in this parcel. Will each of those projects have to get a conditional use permit or are we approving this one whole project and what is the process? Stiles: The comprehensive plan does state that all uses within that mixed planned use area would be developed as conditional uses. De Weerd: Okay thank you. MacCoy: Is there anybody else who wants to speak from the public before we do anything else with this? If not commissioners are you ready to -remember we're talking about item 14 which is annexation and zoning only right now even though we've had a discussion on all three of these. De Weerd: Well I wish I could say road first, but it sounds a little bit more complicated than that. I would like to make a motion that we have the city attorney - MacCoy: Let me close the public hearing. Okay are you ready? That's the reason I was asking what we're going to do. Okay I'm going to ofFcially close the public hearing and now make your motion. Smith: Can I make a comment before you make your motion? It just seems to me that the way the thing is being planned to safely access these properties we got to tie into the signal light at St. Luke's. I don't have a problem with this whole thing developing in the fashion that we've been talking about tonight. In other words going to C-G but it seems like to me we're zoning in a property here C-G and kind of land locking it away from the access that it needs to have to the signal light at St. Luke's because we got a barrier there right now that's still in the county. It's rural transitional and we're creating a situation here which we have MERIDIAN PLANN~ AND ZONING COMMISSION M~ING OCTOBER 13, 1998 PAGE 72 the same problem with the hotel that you can't get to Eagle Road in a safe fashion from where these sites are until that road goes in and I mean I have a real concern about it. I have no problem with the application and the project and the concept and all of that, but lot 2 could stay in the county for ten years before somebody moves on it. It's just the cart before the horse in my mind. I just got a real problem with it. MacCoy: Now if you wait for the roads to go in, ACHD takes the attitude that if it's rural land or if it's not planned like this they're going to put it down the list. It's going to off 2000 and something else. Smith: We already heard testimony tonight that the impact fees are there. So if the impact fees are there, then why can't it be done now? Borup: Because they are there if the demand is there. I agree with Commissioner Smith. It's kind of a chicken or egg situation there. And I ideally they both happen simultaneously but it's not. But I guess I've got concern on where do we stop. Somewhere we got to say hey this is i# until that road is in there but I think from ACHD and that's kind of what I heard from them they want to make sure that the development is going to happen and the city is going to allow the development before they put the road in. So they're looking for some direction too. MacCoy: If you look on Overland Road for example which is right at home here, we've been trying to get that thing widened to five lanes and ACRD says no way because you haven't got the percentage of commercial and committed even though it's all ready to be signs are all up buy it and even some say sold on them right now. ACHD says noway they are going to touch that road until whatever year it is that stuff is built. Borup: But here we got a situation where they're going to be acquiring easement for the whole width that they're going to need. So this is planning ahead and we're not going to have that problem down the road. The right-of--way will be obtained. Smith: If this is lot 2 instead of lot 10, it would be a "no brainer". Borup: Yes. Rossman: Sir, the public hearing has been closed. MacCoy: We just closed the public hearing. We're discussing it among ourselves right now. Nelson: Can I make a comment? I think it would be prudent to at least approve MERIDIAN PLAN AND ZONING COMMISSION ~TING OCTOBER 13, 1998 PAGE 73 the rezoning to encourage the development of lot 2. I think if lot 2 -whatever needs to happen with lot 2. But anyway I think if we were to change the zoning. Borup: I think that is what ACRD is looking for some movement that way. MacCoy: Sure. We hear it all the time. Smith: That's all I had to say. Nelson: I don't know whether it's appropriate to rezone now but hold off possibly on the plats until - Borup: They don't have to be simultaneous. MacCoy: So what's the decision now. Are you going to go annexation and zoning? Are you going to table it or what? Borup: I'd be in favor of proceeding ahead with annexation and zoning. MacCoy: Okay, I got a motion? Borup: I move we have city attorney prepare Findings of Fact and Conclusions of Law on approval of annexation and zoning of this parcel. De Weerd: Second. MacCoy: I heard two seconds in that one. All in favor? MOTION CARRIED: All ayes. ITEM NO. 15: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED MIDVALLEY BUSINESS PARK SUBDIVISION BY NUBBLE ENGINEERING - NW EAGLE / I-84 INTERCHANGE AND WEST OF EXISTING TEXACO. MacCoy: Since we've all had our say on all three except Shari. You didn't have a comment before. So I'm going to go back to you first. Stiles: Commissioners, I think that part of Mr. Allison's frustration is because this is in a mixed planned use area that they can't submit their annexation and zoning request until they have a use proposed for that property. I don't know if it's something they would at least -where the lot adjacent where the road would go through and go south. I don't know in this instance we would want to consider going ahead and annexing the property so we could go ahead and get the roadway taken care of. I don't even know if Mr. Allison or the new owner would ~ • EcE'~ED R BEFORE THE MERIDIAN PLANNING AND ZONING NOV O 6 19'8 CITY OF MERIDIAN IN THE MATTER OF THE APPLICATION ) OF RUBBLE ENGINEERING, NORTHWEST ) OF EAGLE ROAD / I-84 INTERCHANGE AND) WEST OF EXISTING TEXACO, FOR ) ANNEXATION AND ZONING OF 5.4 ACRES ) FOR PROPOSED MIDVALLEY BUSINESS ) PARK SUBDIVISION, MERIDIAN, IDAHO ) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND The above entitled annexation and zoning application having come on for public hearing on October 13, 1998, at the hour of 7:00 o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 13, 1998, before the Planning and Zoning Commission, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 ANNEXATION AND ZONING - RUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) 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 Planning and Zoning Commission at the October 13, 1998, 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 §§11-2-416 and 11-2-417 of the Municipal Code of the City of Meridian as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 4. The property is approximately 5.40 acres in size. The property is located at 621 Allen Street, Meridian, Idaho, on the southwest corner of Allen Street and Magic View Drive. 5. The Applicant is the record owner of the property and has filed a written request for annexation and zoning. 6. The Meridian Planning and Zoning Commission 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 ANNEXATION AND ZONING - HUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) i ~ the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. 7. The property is presently zoned by Ada County as Rural Transition (RT), and contains a single family dwelling with an accessory barn and pasture for horse grazing. 8. The Applicant requests the property be zoned (C-G), General Retail and Service Commercial. 9. The Applicant has requested the annexation and zoning, and the application was not initiated at the request of the City of Meridian. 10. The proposed site of the subject property is on Lot 10 of the Magic View Subdivision. The site is west of Jackson's Texaco and Eagle Road and north of the I-84 Interchange. 11. The city limits of the City of Meridian are adjacent and abut on the east of the subject property. 12. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 13. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 14. 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. 15. The Applicant proposes to develop the subject property in the following FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 ANNEXATION AND ZONING - HUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) manner: Re-subdivide Lot 10 of the Magic View Subdivision into five (5) commercially zoned lots. Develop and construct corporate headquarters of Hubble Engineering, Inc. on Lot 1 of the proposed subdivision. Lot 1 is approximately 98,000 square feet with a proposed 24,560 square foot building. Lots 2 through 5 would be platted and developed for commercial uses principally permitted within the C-G zoning designation. Lot 1 would gain access directly from Allen Street. Lot 5 is designed as a flag lot in order to maintain appropriate public street frontage. Lots 2 and 5 would be developed with shared access easements. Utility easements to be provided along the front, outside and rear lot lines of the subdivision. 16. Traffic volume on Eagle Road is quite high and serves as a major interchange and north/south collector with Interstate I-84. 17. Giving due consideration to the comments 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: 17.1 The legal description for the annexation needs to be a metes and bounds description tied to government corners. The annexation description must place this parcel contiguous to the existing Corporate City Limits of the City of Meridian (Ord. No. 659, 8/2/94). 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 new metes and bounds boundary description shall place this parcel contiguous to Ordinance No. 714 dated 9/19/95. 17.2 A development agreement is required as a condition of annexation. The applicant has submitted a proposed development agreement; legal counsel needs to review the document prior to approval by the City Council. All uses will be developed under the conditional use permit process as planned FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 ANNEXATION AND ZONING - HUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) i i developments. 17.3 Sanitary sewer service to this site will be via an extension from the existing line in Magic View Drive. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerlines. 17.4 Water service to this site will be via extension of the existing main in Magic View Drive. Applicant shall be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 17.5 Graphically depict proposed easements on the plat; Note 2 does not designate widths and is unclear. The property lines for the existing lot in Magic View Subdivision extend to the centerlines of the roadways; the road are currently easements. Revise the plat to show the appropriate existing property lines and dedication of the roadways as public rights-of--way. 17.6 The 20-foot width shown is not adequate for a driveway. Revise Lot 5, Block 1, to a minimum frontage of 30 feet. 17.7 Revise street names to conform to the requirements of the Ada County Street Name Committee (i.e., add directional designations). 17.8 Add a note showing that all lots in this subdivision are subject to the terms of a development agreement recorded as Instrument No. ,records of Ada County, Idaho. 17.9 The Registered Land Surveyor needs to stamp, sign and seal the preliminary plat. 17.10 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9- 606B. 17.11 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605M. The ditches to be piped should be shown on the plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 ANNEXATION AND ZONING - HUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) 17.12 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 17.13 Coordinate fire hydrant placement with the City of Meridian's Public Works Department. 17.14 Indicate on the final plat map any FEMA floodplains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 17.15 Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is to remain a private owners association system, plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system 0 & M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 17.16 Show the master street drainage plan for the project, including method of disposal and approval from any affected drainage district. 17.17 Roadway and roadway approaches to be approved by the ACHD. 17.18 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 17.19 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4. and 11-2-414.D.5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 17.20 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 ANNEXATION AND ZONING - HUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code §31-3805. 17.21 All lots within this subdivision shall require a conditional use permit in accordance with the Meridian Comprehensive Plan. 17.22 All construction shall conform to the requirements of the Americans with Disabilities Act. 17.23 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 17.24 No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 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 subparts the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement should be included in a development agreement,. a condition of annexation and zoning designation. 19. It is found that the following are development considerations which must be taken into account, in order in 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 vicinity and will insure that the proposed uses will not be hazardous or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 ANNEXATION AND ZONING - HUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) 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: 19.1 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414. D.3. 19.2 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. All signage will be subject to design review. 19.3 Provide five-foot sidewalks within the development in accordance with City Ordinance Section 11-9-606.6. 19.4 A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Revise the landscape plan to indicate what the landscaping symbols represent in relation to the plant schedule. The plant schedule to indicate 3" caliper minimum. 19.5 Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 19.6 A public roadway is planned north of the proposed Idaho Power Credit Union; however, it is unknown at this time when the remainder of the public roadway needed to provide public access to the traffic signal on Eagle Road will be constructed. Future development in this area will need to have proper access to the traffic signal. 19.7 A development agreement is required as a condition of annexation to insure that the development considerations herein found reasonable are enforced. 20. It is the policy of the City Council that agreements are difficult to enter into prior to annexation ordinances being passed; as such the Planning and Zoning Commission recommends that a development agreement be entered into prior to the final FINDINGS OF FACT AND ,CONCLUSIONS OF LAW - Page 8 ANNEXATION AND ZONING - HUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) • plat being approved and prior to issuance of any building permits. 21. The Applicant's requested zoning of the subject real property as General Retail and Service Commercial (C-G) is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed-Planned Use Development. 22. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 23. The development of the property as a (C-G) General Retail and Service Commercial District, as requested by the Applicant, will be compatible to the development in the surrounding area subject to the conditions of development herein found to be reasonable in relation to the requested zone (C-G) General Retail and Service Commercial Zoning District and is accordance with the adoptive Comprehensive Plan of the City of Meridian. 24. There are no major or scenic features of major importance that affect the consideration of this application. 25. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive plan of the City as follows: 25.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 ANNEXATION AND ZONING - RUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) 25.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 25.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 25.4 The application is consistent with Meridian's self identity. 25.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 25.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self- sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 25.7 Compliance with the requests of the Political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 25.8 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 26. The property can be physically serviced with City water and sewer, if Applicant extends the lines. 27. Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into commercial FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 ANNEXATION AND ZONING - HUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) ~ ~ uses and other uses. 28. Applicant shall submit an annexation perimeter legal description for the proposed site. The legal description shall include all those portions of adjacent public rights-of--way contiguous to the Corporate City Limits of the City of Meridian (Ord. No. 659, 8/2/94), and'/z of all other adjacent Public Right-of-Ways. 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 existing city limit boundary which is required for the preparation for the annexation ordinance. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code §67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 3. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 ANNEXATION AND ZONING - HUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) ~ ~ boundaries and that said property lies within the area of city impact as provided by Idaho Code §50-222. The Municipal Code of the City of Meridian §11-2-417 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. 4. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 5. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission may, however, continue the matter from meeting to meeting if it finds that it does not have sufficient information to make a decision. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall insure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 11-2-416(E)(2)(c), City of Meridian Zoning and Development Ordinance.) 6. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 1. The Goals of the Comprehensive Plan are set forth at Page 5 and include: 1.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 1.2 To ensure that growth and development occur in an orderly FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 ANNEXATION AND ZONING - HUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 1.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services. and its open space character. 1.4 To provide housing opportunities for all economic groups within the community. 1.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community. 1.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 1.7 To provide community services to fit existing and projected needs. 1.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 1.9 To encourage a balance of land use patterns to insure that revenues pay for services. 1.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 2. Under ECONOMIC DEVELOPMENT FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 ANNEXATION AND ZONING - HUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) ~ ~ COMMERCIAL ACTIVITY CENT RS at page 17 Retail, commercial and ofFce development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas should be set aside as Commercial Activity Centers and their development carefully guided. Various commercial activity centers are designated on the generalized land use map. Planning policies pertaining to commercial activity centers are presented in the land use chapter of the plan. MIXED-PLANNED USED VELOPMENT AREAS at page 17 Mixed use is a planning category which refers to the coordinated development of several major uses as part of a single project, such as specialty retail/commercial, variable density residential, offices, motels, industrial, service, commercial, and public and semi-public uses. Certain areas have been designated for mixed-planned uses. The development of mixed and planned compatible land uses should be carefully guided through specific project plans, in accordance with the mixed-use policies contained in the Land Use chapter of the Plan. Economic Development Goal Statement Pol'ci s, Page 18 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 ANNEXATION AND ZONING - HUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) ~ ~ facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. (Emphasis added.) 3. Under LAND USE EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, and include small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Area of Im acct, Page 22 [comprehensive Plan Mag The proposed future land use delineation's for the impact area are shown on the Comprehensive Plan Map -Generalized Land Uses, . ..The land use element is based upon these objectives: 4. Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. (Emphasis added.) ('OMMERCIAL ACTIVITY CENTERS, Page 25 In all cases, the locations of Commercial Activity Centers should be guided by performance and developments standards. These standards consider, among other aspects: 1. Traffic Volume and Type 2. Trip Generation 3. Impacts on Arterial Street System 4. Proximity to Other Commercial Development 5. Impacts on Neighborhood Residential Areas 6. Accessibility of Site 7. Parking Demands 8. Pedestrian Circulation g. Available Utility Systems 10. Aesthetics (Design Considerations) 11. Use Impacts Upon Other Adjacent Uses 12. Internal Circulation Design 13. Drainage FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 ANNEXATION AND ZONING - HUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) 4. Under TRANSPORTATION, Page 43 Fxistina Conditions a. Eagle Road, North of Overland, is listed as a principal arterial 5. Under COMMUNITY DESIGN, at Page 71 o -m niter Identification Goal Statement Create visual quality and functional identity for the City of Meridian and its surrounding environment. lici s 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. Special Community DeG~~n Areas Goal Statement 2.1 U Require businesses and government to install and maintain landscaping. 2.2U Encourage area beautification through uniform sign design that enhances the community. 2.3U Encourage the beautification of streets, parking lots, public lands, and state highways. 2.5U Encourage the use of attractive open space, landscaping, lighting, and street furniture for the benefit of the public. Fntrvwav Corridors FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 ANNEXATION AND ZONING - HUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) i ! Entryway corridors are arterial roadways entering the community that introduce both visitors and residents to Meridian. City-designated gateway arterials include the following streets: p. Eagle Road (North and South entrances) Entryway corridors are a community's front door. It is acknowledged that the corridor's trees (or lack thereof), commercial signage, and site character provide the first, and often times the most lasting, impression of the entire community. Therefore, the entire community and, most specifically its governing bodies, have the right and the responsibility to guide the development and redevelopment that occurs along entryway corridors. Entrance Corridors Goal Statement Promote, encourage, develop and maintain aesthetically- pleasing entrances to the City of Meridian. P to ivies 4.2U Support ACRD corridor development standards for the entryways to the City. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business or residential development on entrance corridors. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. Quali.~r of Environment Goal Statement P to ivies 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 ANNEXATION AND ZONING - HUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) 7. The requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: rr r;~ rPneral Retail and Service Comm~r~1: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not consti to men P commercial development and encourage clustering of commercial deve p 8. That the City of Meridian Comprehensive Plan, under LAND USE, Mixed- Use Area at Eagle Road, in 5.16U, states that all development requests will be subject to development review and conditional use permit processing to insure neighborhood compatibility. g. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and operate any industrial or commercial facilities on this parcel of land. 10. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which Idaho Code §67-6513, relates to subdivision ordinances, and provides as follows: Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision. 11. That pursuant to the authority of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 ANNEXATION AND ZONING - HUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 12. That Section 11-9-605 G 1. states as follows: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement. 13. That Section 11-9-605 L states, in part, as follows: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 14. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan ....; 5. Amore convenient pattern of commercial, residential and industrial uses as well as public services which support such uses. 15. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. ~ Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 16. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 ANNEXATION AND ZONING - HUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) • • pressurized irrigation systems. 17. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 18. Section 11-2-417 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. 19. As a condition of annexation and the zoning of (C-G) General Retail and Service Commercial, the Applicant should be required to enter into a development agreement as authorized by Sections 11-2-416 L and 11-2-417 D. of the real property, which is the subject of this application, prior to the passage of an annexation and ordinance of zoning designation; that the applicant enter into a development agreement for the development of the subject property, condition of annexation, a condition of zoning (C-G) General Retail and Service Commercial, authorized by Sections 11-2-416 L and 11-2-417 D, Municipal Code of the City of Meridian. 20. Having made the afore stated Findings of Fact and Conclusions of Law, the City of Meridian Planning and Zoning Commission hereby approves the proposed application for annexation and zoning as set forth hereinabove with the following conditions: a. Applicant prepare the legal description for the annexation included in FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 ANNEXATION AND ZONING - HUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) • the application with legal description and submit an annexation permit or legal description for the proposed site as set forth hereinabove. b. All conditions set forth herein be complied with. c. Applicant enter into a development agreement that provides that in the event the conditions herein are not met by the developer that the property shall be subject to de-annexation, with the City of Meridian which provides the conditions of the development as set forth hereinabove. d. It is provided that all requested conditions set forth within the memorandum of Bruce Freckleton, the Assistant to the Meridian City Engineer, and Shari Stiles, the Meridian Planning and Zoning Administrator, dated October 8, 1998, be complied with. e. All comments and conditions set forth by the Meridian Fire Department, Meridian Water Department, and the Nampa & Meridian Irrigation District must be complied with. 21. The above conditions are considered to be reasonable and the applicant shall meet such requirements as a condition as approval of the application for annexation and zoning. 22. It is hereby recommended by the Meridian Planning and Zoning Commission that should the applicant meet the afore stated conditions that the requested annexation and zoning as set forth hereinabove be granted by the Meridian City Council to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 ANNEXATION AND ZONING - HUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) ~ ~ APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP VOTED _ COMMISSIONER SMITH VOTED _ COMMISSIONER DEWEERD VOTED COMMISSIONER NELSON VOTED CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED -~--' DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as set forth within these Findings of Fact and Conclusions of Law as requested by the Applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. MOTION: APPROVED: ~ DISAPPROVED: "~' 110698-Final ~y FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 ANNEXATION AND ZONING - HUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) ~U u'\ • • ~~ ~i i RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 • gECE~D OCT 1 5 1996 R,ECE~D October 15, 1998 OCT- 1 +3 1998 CITY OF MERIDIAN City of Meridian Attention: Shari Stiles, Planning Director 200 E. Carlton, Suite 201 Meridian, Idaho 83642 Re: Midvalley Business Park Dear Shari: First, let me begin by thanking you and the Planning and Zoning Commission for the positive help and' recommendations at Tuesday night's public hearing. I believe that we are on our way to a positive relationship. Something has arisen, however, that could pose a potential problem. On Tuesday I faxed to you a copy of my responses to the specific conditions contained within the City Memorandum dated October 08, 1998. In my letter, I stated agreement with all issues. That night at the public hearing, I confirmed to the Planning and Zoning Commission my agreement to those conditions. The issue that I bring up at this time is that I have misinterpreted one of the conditions. Condition #3 under Annexation and Zoning stated in the third sentence "All uses will be developed under the conditional use permit process as planned developments." I misread that statement by believing that we were currently processing a conditional use permit and planned development as part of the annexation process. Later that night at the public hearing, I believe one of the Commissioners asked you if all of the lots were subject to conditional use permits, at which time you answered yes. At that point I started getting confused, but, due to the excitement and other issues of the hearing, I failed to bring it up during one of my many trips to the podium. It wasn't until the next day at the office that we realized that a problem may exist. At this point, it is not our intention to obtain a new conditional use permit for each of the remaining four lots in the subdivision. We believe that the intent of the Comprehensive Plan for this mixed-use area, as stated in 5.14U, is founded on the fact that the area maintains ahigh-quality visual appearance. This is something that we strive to achieve, to the point that we believe it can be handled through our development agreement, CC&R's, and through design review. It has been our experience that potential businesses shy away from particular properties in the City of Meridian due to having to go through the conditional use process. Not because of design standards, but because of the possibility of regulated uses. Uses that are principally permitted in the CG zone through the Meridian Zoning Ordinance should be allowed and not regulated through the f ~ conditional use process. Obviously, if the use is designated in the Zoning Ordinance as a Conditional Use, the proper application procedures will be followed, but all uses are not appropriate. We would agree to Development Review by the Planning and Zoning Commission (or City Council) for each of the four remaining lots so that landscaping, lighting, buffering and other design and compatibility issues are discussed, and that the visual appearance concept described in the Comprehensive Plan is met. This review could include a notice to the neighbors in order to get their input. We cannot, however, agree to placing a conditional use restriction on our land that is zoned CG, and eliminate our zoning right to principal permitted uses in that zone. We can only except a conditional use permit limitation on our office site at this time, as we agreed to as part of the original annexation, zoning and preliminary plat process, but not on Lots 2 through 5. Therefore, I respectfully request modification to Condition #3 under Annexation & Zoning deleting the sentence "All uses will be developed under the conditional use permit process as planned developments", and replaced with "All uses principally permitted in the CG zone will be developed as allowed uses, subject to design/development review by the Meridian Planning and Zoning Commission." Shari, I feel bad that this issue was not openly discussed in the public hearing and I hope it can be worked out prior to, and as part of, the next scheduled .public hearing on November 10`". I also need to state that in no way did I intentionally try to mislead you, or the Planning and Zoning Commission by not bringing this issue to light before now. I hope we can sit down and discuss this with the City Attorney as soon as possible in an effort to avoid ruining what I believe to be a good partnership between Hubble Engineering and the City of Meridian. Please contact me as soon as possible so that we may discuss this further. Thanks for your time. Sincerely, ~~4,~~ Shawn L. Nickel, Project Planner Midvalley Business Park Cc: City Attorney, City of Meridian Meridian Planning and Zoning Commission Meridian City Council • • MERIDIAN PLANNING AND ZONING MEETING: October 13 1998 APPLICANT: RUBBLE ENGINEERING .ITEM NUMBER: 14 REQUEST: ANNEXATION AND ZONING OF 5.4 ACRES FOR PROPOSED MIDVALLEY BUS PARK SUB AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: SEE ATTACHED COMMENTS CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY SEWER 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 COMMEN~ C SETTLERS IRRIGATION: I,~ ~ C ~` IDAHO POWER: %I~ US WEST: pr~'1 INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Mer^id_ian, ~~V (L~.~ I ~ "I .~ ~ ~ ~ 1 C~'IJLX~ (3 1 ~T HUB OF TREASURE VALLEY Mayor A Good Place to Live ROBERT D. CORRIE Council Members CITY OF ~VIERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83~I~FI~~ RON ANDERSON Phone (208) 888-4433 • Fax (208 4C81p3 p KEITH BIRD "Lr ~ O ~~~o CI'z'Y ®F 1~IERIDIAN LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208> s8~-22I t PLANNING AND ZONING DEPARTMENT (208)884-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6 1998 TRANSMITTAL DATE: September 8 1998 HEARING DATE: October 13, 1998 REQUEST: ANNEXATION AND ZONING FOR MIDVALLEY BUS PARK SUB BY: NUBBLE ENGINEERING INC. LOCATION OF PROPERTY OR PROJECT: NW of Eagle Road/I-84 interchange, W of existin Texaco TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C 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) IDAHO TRANSPORT ION DEPARTMENT ADA COUNTY (ANNTION) _ ~ ^ A' YOUR CONCISE REMARKS: CITY FILES ,~ HUB OF TREASURE VALLEY Mayor A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 ROBERT D. CORRIE b C il M CITY OF MERIDIAN PUBLIC WORKS em ers ounc CHARLES ROUNTREE 33 EAST IDAHO ~iE~]r~ ~~ BUILDING DEPARTMENT (208) 887-2211 GLENN BENTLEY --~V.~ MERIDIAN, IDAHO 83 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887~~~ ~ 1 1998 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 CI~'Y OF MERIDIAN 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6 1998 TRANSMITTAL DATE: September 8 1998 HEARING DATE: October 13, 1998 REQUEST: ANNEXATION AND ZONING FOR MIDVALLEY BUS PARK SUB BY: RUBBLE ENGINEERING INC. LOCATION OF PROPERTY OR PROJECT: NW of Eagle Road/I-84 interchange, W of existin Texaco TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: CITY FILES ~,~ ~~ ~ ~ ;~ - .~ v ~ ~}- Mayor RCUBERT D. CORRIE Council Members CHARLESROUNTREE 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 LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 6, 1998 _ TRANSMITTAL DATE: September 8 1998 HEARING DATE: October 13, 1998 REQUEST: ANNEXATION AND ZONING FOR MIDVALLEY BUS PARK SUB BY: NUBBLE ENGINEERING INC. LOCATION OF PROPERTY OR PROJECT: NW of Eagle Road/I-84 interchange, W of existin Texaco _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER CITY FILES 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: ~~~~ ~a~~ ~~ MERIDIAN MERIDIAN WATER DEPT. 2235 N.W. 8TH STREET MERIDIAN, IDAHO 83642 (208) 888-5242 FAX: 884-1159 September 11, 1998 MERIDIAN During peakand-in-t~isarea-the ~ir~-flows-and-pressures-ar-ee~tremerply-law: ~-believe~he city-x-eeds to connect a new water source to this closed system prior to any more development in this area. Chip Hudson Asst. Superintendent.. Meridian-~ater•-~t.- -- - ~ • REcEr~'ED SEP 2 1 1998 CITY OF MERIDIAN i/,~wst~lra. 8t ~t~~ttdtast -/fi/ttgCttioat vlddtiCt 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 14 September 1998 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 City of Meridian 33 East Idaho Meridian, ID 83642 RE: Conditional Use Permit/Annexation and Zoning for Midvalley Business Park Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to (anal platting although the District has no comment on the annexation and zoning for this project. Contact Donna Moore at 466-7861 for further information. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code. 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, ~•(C~/~rG,~-per'". Ball enson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH.•dln cc: File -Shop Fide -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - A0,000 • ~ir~ia. & ~~e~ia'iac~ ~Ivugatia~ ?>~~uct 15 September 1998 Hubble Engineering, Inc. 9550 West Bethel Court Boise, ID 83709 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 ~~~~~': Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: Land Use Change Application for Midvallev Center Subdivision Dear Hubble Engineering: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between you and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sin erely, Donna N. Moore Assistant Secretary/Treasurer cc: File Water Superintendent Randy L. & Linnea R. Worden City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • ~* TX STATUS REPORT ** RS OF OCT 08 '98 17 23 PAGE. 01 PUBLIC WORKS DATE TIME TOiFROM MODE MINiSEC PGS CMD# STATUS 28 10108 17 22 1 208 378 0329 EC--S 01'32" 005 057 OK HUB OF TREASURE VALLEY Mayor A Good Place [o Live ROBERT D. CORRtE rTmv n~ ~~[ERIDIAN Post-It' Fax Note 7671 gate /Q ~ paoges~ s To w ^ From CoJDept. Ca Phone N Phone N Fax N Fax N tDAAI) )AHO 83642 Fax (208) 887-4813 LECAL DEPARTMENT ('±O8) 884.4:6) PUBLIC WURKS BUILDING DEPARTMENT I?t18D NR7-a? 11 PLANNING ANU'LUNING DEPARTMENT c2os, asa.ssa' MEM:ORANDI'JM; October 8, 1998 To: Mayor, City Council and Planning & Zoning Fran: Bruce Freckleton, Assistant to City E er ~~~ Shari Stiles, P&Z Administrator C~-L- J Re: Request for Annexation and Zoning to C-G of 5.40 Acres with a Preliminary Plat and Conditional Use Permit fora 24,560 s.f O£fice Building, Equipment Yard and Garage by Hubble Engineering, Inc. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Coancil: ANNEXATION & ZONING l , This application is for a pazcel of land at the southwest corner of the intersection of E, Magic View Drive and S, Allen Street, west of the newly constructed Jackson's Food Store. The legal description for the annexation needs to be a metes and bounds description tied to government corners. The annexation description must place this parcel contiguous to the existing Corporate City Limits of the City of Meridian (Ord. No 659, 8/2/94). The legal description shall be prepared by a Registered band Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158, The new metes and bounds boundary description shall place this parcel contiguous to Ordinance No. 714 dated 9/19/95. 3. A development agreement is required as a condition of annexation. The applicant has submitted a proposed development as3reemeM; legal counsel needs to review the document prior to approval by the City Council. All uses will be developed under the conditional use permit process as planned developments. Respond in writing, to the each of the comments contained in this memorandum by 5:00 p.m. of the Monday prior to the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to Midwlky&uinesa PP • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 October 8, 1998 To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City En i er ~~~ Shari Stiles, P&Z Administrator Re: Request for Annexation and Zoning to C-G of 5.40 Acres with a Preliminary Plat and Conditional Use Permit fora 24,560 s.f. Office Building, Equipment Yard and Garage by Hubble Engineering, Inc. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: ANNEXATION & ZONING This application is for a parcel of land at the southwest corner of the intersection of E. Magic View Drive and S. Allen Street, west of the newly constructed Jackson's Food Store. 2. The legal description for the annexation needs to be a metes and bounds description tied to government corners. The annexation description must place this parcel contiguous to the existing Corporate City Limits of the City of Meridian (Ord. No 659, 8/2/94). 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 new metes and bounds boundary description shall place this parcel contiguous to Ordinance No. 714 dated 9/ 19/95. 3. A development agreement is required as a condition of annexation. The applicant has submitted a proposed development agreement; legal counsel needs to review the document prior to approval by the City Council. All uses will be developed under the conditional use permit process as planned developments. 4. Respond in writing, to the each of the comments contained in this memorandum by 5:00 p.m. of the Monday prior to the scheduled hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to Midvalley&isiness. PP • Planning & Zoning Commission/Mayor & Council October 8, 1998 Page 2 the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. PRELINIINARY PLAT 1. Sanitary sewer service to this site will be via an extension from the existing line in Magic View Drive. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerlines. 2. Water service to this site will be via extension of the existing main in Magic View Drive. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. Graphically depict proposed easements on the plat; Note 2 does not designate widths and is uncleaz. The property lines for the existing lot in Magic View Subdivision extend to the centerlines of the roadways; the roads aze currently easements. Revise the plat to show the appropriate existing property lines and dedication of the roadways as public rights-of--way. 4. Although there is not a minimum frontage requirement for lots in the C-G zone, flag lots do require a minimum frontage of 30 feet. The 20-foot width shown is not adequate for a driveway. Revise Lot 5, Block 1, to a minimum frontage of 30 feet. 5. Revise street names to conform to the requirements of the Ada County Street Name Committee (i.e., add directional designations). 6. Add a note showing that all lots in this subdivision are subject to the terms of a development agreement recorded as Instrument No. ,records of Ada County, Idaho. 7. The Registered Land Surveyor needs to stamp, sign and seal the preliminary plat. 8. Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 9. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written Midtrelley8iisiness.PP • Planning & Zoning Commission/Mayor & Council October 8, 1998 Page 3 confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 10. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 11. Coordinate fire hydrant placement with the City of Meridian's Public Works Department. 12. Indicate on the final plat map any FEMA floodplains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 13. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is to remain a private owners association system, plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible .for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 14. Please indicate the existing land use and zoning of all adjacent properties. 15. Please show the master street drainage plan for the project, including method of disposal and approval from any affected drainage district. CONDITIONAL USE Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site- specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities, Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all Midvalley&isiness.PP • Planning & Zoning CommissionlMayor & Council October 8, 1998 Page 4 off-street parking areas. All site drainage shall be contained and disposed of on- site. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2- 414.D.3. 5. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted, All signage will be subject to design review. 6. All lots within this subdivision will require a conditional use permit in accordance with the Meridian Comprehensive Plan. 7. Provide five-foot-wide sidewalks within the development in accordance with City Ordinance Section 11-9-60b.B. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. 9. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 10. A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Please revise the landscape plan to indicate what the landscaping symbols represent in relation to the plant schedule. Revise plant schedule to indicate 3" caliper minimum. 11. Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 12. A public roadway is planned north of the proposed Idaho Power Credit Union; however, it is unknown at this time when the remainder of the public roadway needed to provide public access to the traffic signal on Eagle Road will be constructed. Future development in this area will need to have proper access to the traffic signal. MidvallryBusiness.PP • Planning & Zoning Comrnission/Mayor & Council October 8, 1998 Page 5 13. No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 14. The P&Z Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. MidvallryBnsiness.PP ENGI~y • • J~~ FF ~`~~~s u~ ~on~ r rw~n_~wirro~w~~± ~w~r+ ~ ~ ~ ~ y 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 2081378-0329 ~ Q ~~ SURVEyO October 13, 1998 City of Meridian Shari Stiles, Planning Director 200 E. Carlton, Suite 201 Meridian, Idaho 83642 Re: Midvalley Business Park Staff Report Dear Ms. Stiles; 1~aEZVED O C T 1 3 1998 CITY OF MERIDIAN The following is a response to the Memorandum to the Mayor, City Council and Planning and Zoning Commission regarding the annexation and zoning, preliminary plat, and conditional use permit for Midvalley Business Park. We have read the memorandum completely, and agree on all issues including: ANNEXATION & ZONING: 1. Ok 2. Applicant to comply 3. Applicant to comply 4. Ok PRELIMINARY PLAT: 1. Applicant to comply 2. Applicant to comply 3. Applicant to comply 4. Applicant to comply 5. Applicant to comply 6. Applicant to comply 7. Applicant to comply 8. Applicant to comply 9. Applicant to comply 10. Applicant to comply 11. Applicant to comply 12. Applicant to comply 13. Maintained by HOA; Applicant to comply 14. Applicant to comply 15. Applicant to comply CONDITIONAL USE PERMIT: 1. Applicant to comply • • 2. Applicant to comply 3. Applicant to comply 4. Applicant to comply 5. Applicant to comply 6. Applicant to comply 7. Applicant to comply 8, Applicant to comply 9. Applicant to comply 10. Applicant to comply 11. Applicant to comply 12. Applicant to comply 13. Applicant to submit detailed signage plan; Applicant to comply 14. Ok We have read the entire memorandum and find it acceptable at this time. that the P&Z Commission and Council can add appropriate conditions. these issues at the public hearing as they arise. Thank you. Sincerely; ~a~.z We understand We will address Shawn L. Nickel, Project Planner BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION ) OF NUBBLE ENGINEERING, NORTHWEST ) OF EAGLE ROAD / I-84 INTERCHANGE AND) WEST OF EXISTING TEXACO, FOR ) ANNEXATION AND ZONING OF 5.4 ACRES ) FOR PROPOSED MIDVALLEY BUSINESS ) PARK SUBDIVISION, MERIDIAN, IDAHO ) INTRODUCTION RECOMMENDATION TO CITY COUNCIL C~ G ia-1s-~~3 s'~~ ~ 1. The property is approximately 5.40 acres in size. The property is located at 621 Allen Street, Meridian, Idaho, on the southwest corner of Allen Street and Magic View Drive. 2. Owners of record of the subject property are Randy and Linnea Worden of 621 Allen Street, Meridian, Idaho. 3. The Applicant is Hubble Engineering, Inc. of 9550 Bethel Court, Boise, Idaho. 4. The property is presently zoned by Ada County as Rural Transition (RT), and contains a single family dwelling with an accessory barn and pasture for horse grazing. 5. The Applicant requests the property be zoned (C-G), General Retail and Service Commercial. 6. The proposed site of the subject property is on Lot 10 of the Magic View Subdivision. The site is west of Jackson's Texaco and Eagle Road and north of the I-84 Interchange. RECOMMENDATION TO CITY COUNCIL -Page 1 ANNEXATIONUSINESOS ARK SUBD VISION (5.4 ACRES) MIDVALLEY B 7. The city limits of the City of Meridian are adjacent and abut on the east 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: Re-subdivide Lot 10 of the Magic View Subdivision into five (5) commercially zoned lots. Develop and construct corporate headquarters of Hubble Engineering, Inc. on Lot 1 of the proposed subdivision. Lot 1 is approximately 98,000 square feet with a proposed 24,560 square foot building. Lots 2 through 5 would be platted and developed for commercial uses principally permitted within the C-G zoning designation. Lot 1 would gain access directly from Allen Street. Lot 5 is designed as a flag lot in order to maintain appropriate public street frontage. Lots 2 and 5 would be developed with shared access easements. Utility easements to be provided along the front, outside and rear lot lines of the subdivision. 11. The Applicant's requested zoning of the subject real property as General Retail and Service Commercial (C-G) is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed-Planned Use Development. RECOMMENDATION TO CITY COUNCIL -Page 2 ANNEXATION AND ZONING -NUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) ~ ~ 12. There are no major 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 annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 The legal description for the annexation needs to be a metes and bounds description tied to government corners. The annexation description must place this parcel contiguous to the existing Corporate City Limits of the City of Meridian (Ord. No. 659, 8/2/94). 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 new metes and bounds boundary description shall place this parcel contiguous to Ordinance No. 714 dated 9/19/95. 1.2 A development agreement is required as a condition of annexation. The applicant has submitted a proposed development agreement; legal counsel needs to review the document prior to approval by the City Council. All uses will be developed under the conditional use permit process as planned developments. Adopt the City of Meridian Water Department's Recommendation as follows: 1.3 The City needs to connect a new water source to this closed system prior to any more development in this area. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 1.4 Requires that all Municipal surface drainage must be retained on site. RECOMMENDATION TO CITY COUNCIL -Page 3 ANNEXATION AND ZONING -NUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES) 1.5 If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 1.6 The developer must comply with Idaho Code 31-3805. The Planning and Zoning Commission further advises: 1.7 Applicant enter into a development agreement that provides that in the event the conditions herein are not met by the developer that the property shall be subject to de-annexation, with the City of Meridian which provides the conditions of the development as set forth hereinabove. RECOMMENDATION TO CITY COUNCIL -Page 4 ANNEXATION AND ZONING -NUBBLE ENGINEERING - MIDVALLEY BUSINESS PARK SUBDIVISION (5.4 ACRES)