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HomeMy WebLinkAboutEagle Road Professional Center AZ 99-008 :~:~ >~ ~~ ~ ~, '- HUB OF TREASURE VALLEY °"• Mayor _ ~ A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE - (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208 887-2211 GLENN BENTLEY ~ MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (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: July 6, 1999 TRANSMITTAL DATE: June 3..1999 HEARING DATE: July 13, 1999 FILE NUMBER: AZ-99-008 REQUEST: ANNEXATION & ZONING OF 3.77 ACRES FOR C-G ZONING FOR PROPOSED-EAGLE ROAD PROFESSIONAL CENTER) BY: FERMOR LLC LOCATION OF PROPERTY OR PROJECT: NORTH OF I-84 WEST OF EAGLE RD~ -EAST OF ALLEN ST TAMMY DE WEERD P/Z _ MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN .BENTLEY, C/C ^WATER DEPARTMENT SEWER DEPARTMENT ^BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: ~.. Kam., r '° NcNc TX CONFIRMn,T~i REPORT ** ~ AS OF JUL 26 `'~~~~ 39 PAGE. 01 .~ M''{ r ~ f '" CITY OF MERIDIAN m i DATE TIME TOiFROM MODE MINiSEC PGS CMD# STATUS 04 07126 09 38 208 888 1097 EC--S 00'30" 001 081 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 a public bearing at the Meridian City Hall, 33 East Idaho Street,. Meridian, Idaho, at the hour of 7:30 p.m. on August 17, 1999, for the purpose of reviewing and consuiering the application of Fermor, LLC#or annexation and zoning of approximately 3.77 acres of .land, which is' generally located north of 1-84 and west of Eagle Road, east of Allen Street. The application requests a GG zoning. 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. 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 26~' day of July, 1999. ` A GE SIMS, DEPUTY CITY CLERK PUBLISH July 28'and August 11, 1999. ,.~ 'fi`t ~ ''+i a __ $~ ,, ~P ~. 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 a public hearing at the Meridian City Halt, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on August 17, 1999, for the purpose of reviewing and considering the application of Fermor, LLC for annexation and zoning of approximately 3.77 acres of land, which is generally located north of I-84 and west of Eagle Road, east of Allen Street. The application requests.a C-G zoning. A more particular description of the above property is on file fn the City Clerk's office 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 request. Any and ail interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 26"' day of July, 1999. A GE SIMS, DEPUTY CITY CLERK PUBLISH July 28 and August 11, 1999 ~~~i ~+~. rf r ~ 4l t N y <<r~~ ~~ ~ ~: M v {,Jjj~L~ Y = 9 , ,~ ~ ''-,,'gyp ~b~'r tst • ~~.~`. ~~iri~~trt~ tirt~Fk~~ 0 w 0 0 as 0 0 0 0 N 0 0 m A r m O <~ _ .~ ~~ zp ~rn ~~ ~- ~o z r n rn z rn z \~ ,. ( rw t EAGLE ROAD PROFESSIOTVAL CENTER PROPERTY OWNERS WITHIN 300' RUBBLE E DON 9550 BETHEL CRT BOISE ID 83709 621 S ALLEN ST JACKSONS FOOD STORES INC PO BOX 488 3500 COMMERCIAL CT MERIDIAN ID 83680-0488 625 N EAGLE RD POST JAMES A PO BOX 1290 OLDSMAR FL 34677-Q023 N EAGLE RD BOTTLES MARK K & GERI G AND JONES BURKE P 5311 GLENWOOD BOISE ID 83714 875 S ALLEN ST PATEL BHUPENDRA & NILA 2600 FAIRVIEW AVE BOISE ID 83702 N EAGLE RD ST LUKES REGIONAL IvIEDICAL CENTER LTD 190 E BANNOCK ST BOISE ID 83712-6241 N EAGLE RD -- - rJ • ~11.1._~ J~__ ~I ~_I J ~_II ~ ~I ~~~~~- Lrr~~I1~T~rIrl~~~r11~i~ ~uul'i r~~J~~ ill:~~ki ~~~~ ~I 11i1-1 I i `; LIit ', . l~r+~ I1 i L.,_r ~~~ 7 ~~ t' Iii III n ~~` 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 the City of Meridian will hold a pubNc hearing at the Meridian City Hall, 33 East Idaho Street, Meridian,- Idaho, at the hour of 7:00 p.m, on July 13, 1999, for the purpose of reviewing and considering the application of Fermor, LLC for annexation and zoning of approximately 3.77 acres of land; which is geri3rally located north of I-$4 and west of Eagle Road, east of Allen Street. The application requests a CG zoning. 3 A more particular description of the above .property is onffile in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. Azcopy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. ~~ ~~. DATED this 21~' of June, 1999. 7 WILLIAM G. BERG, JR., ITY CLERK ~~1;~~~~,it~$,t# littiiYd f~~, f~ f~~~~~r PUBLISH June 23 & July 7, 1999. -~ a ~~ sr ~ ~ .~'. ~ w n+ ~ ++~ w~ .3y ~ ~° ~ ' '~ • 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 the 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 July 13, 1999, for the purpose of reviewing and considering the application of Fermor, LLC for annexation and zoning of approximately 3.77 acres of land, which is generally located north of I-84 and west of Eagle Road, east of Allen Street, The application requests a CG zoning. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hell, 33 East Idaho Street, and is available for inspection during. regular business hours. A Dopy of the application is available upon n3quest. 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CITY OF MERIDIAN. 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 R~cE"~ JUN 0 t 1999 CI'Y'g' OF MERIDIAN PLANNING & ZONING Ax. _qq -~~ APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: , F,ag1P Road Prnfc~GGipnal C`Pntr~r GENERAL LOCATION: Interstate 84 and Eagle Road, Gentry Way and Allen Street TYPE (RESIDENTIAL, INDUSTRIAL, COMIvIERCIAL): y Ccmnercial ACRES OF LAND IN PROPOSED ANNEXATION: +/- 3.77 acres Vacant PRESENT LAND USE: PROPOSED LAND USE: office PRESENT ZONING DISTRICT: ~` County, R=T~ PROPOSED ZONING DISTRICT: APPLICANT: Fermor, L.L.C. PHONE: 345-7~"~~ ext. 217 ADDRESS: ~ Box 15407,' Boise, ID 83715 ENGINEER, SURVEYOR, OR PLANNER: B & A Enaineers , Tnc . PHONE: ~4 ~-'i.38 ~ ADDRESS: 5505 w. Franklin Road, Boise, ID 83705 OWNER(S) OF RECORD: Mr James A Post PHONE: (727) 4?_1-0289 ADDRESS: Signature of Applicant ~ ~' P.O. Box 1s407 (208) 34s-7030 Bose, ldano 8371s FERMOR, L.L.C. Fax (208> 34s-721o June 1, 1999 Mr. Steve Siddoway Assistant Manager Planning & Zoning Department 200 E. Carlton, Suite 201 Meridian, ID 83642 Re: Lot 12, Amended Magic View Subdivision Dear Steve: Pursuant to your instructions, this letter will serve as our Application for Annexation and Zoning for the above referenced property. We have addressed each item on the Application in order, as follows: 1. Our address and phone number are shown on the attached Application Sheet. 2. Copies of Deeds to the property are enclosed, and the Owner's information is shown on the attached Application Sheet. 3. A Notarized Statement from the current Property Owner authorizing this Application is enclosed. 4. The property is legally described as `2,ot 12 of the Amended Magic View Subdivision." A copy of the plat is enclosed for your reference. s. Current land use is agricultural, but there have been no crops on the property for some time. 6. We propose a Commercial land use with an office building on the front portion of the lot facing Eagle Road. 7. Current zoning is Ada County (R-T}. 8. Proposed zoning is Meridian (C-G). 9., 10. The subject property is adjacent to the Jackson's Food Store and across Gentry Way from the new Holiday Inn Express. All the annexations in the vicinity have been zoned (C-G). This property is very close to the Eagle Road - I-84 Interchange and, pursuant to Meridian's Zoning and Development Ordinance, "the purpose of the (C-G) District is to provide for commercial uses...which are located in close proximity to major highway or arterial streets." Accordingly, we are requesting (C-G) zoning which will provide continuous "like" zoning on the west side of Eagle Road in the Magic View Subdivision. ~ ~ Mr. Steve Siddoway June 1, 1999 Page 2 ,,. 11. Meridian's Comprehensive Plan calls for Commercial land uses on a portion of the property, and MixedJPlanned Use Development onythe balance °of the site. Our request for. (C=G) zoning is consistent with the Comprehensive Plan. 12. We have included a copy of the map showing the property at 1"/100' scale. 13. Thirty copies of the vicinity map are provided. 14. The mailing addresses of all Property Owners within 300 feet are provided`on the .enclosed-list. ~ ~ r 15. A check in the amount of $ 465.76 is enclosed as our application fee of $445 plus $20.76 for the mailings. 16. We hereby state that the subject property will be posted with our name as applicant, a description of the Zoning Amendment, and the time and date of the public hearing(s) one (1) week before the public hearing(s). The foregoing statement will serve as our Affidavit regarding posting of the property. 17. We certify that we have read the contents of this Application and, to the best of our .knowledge, the information contained herein is true and correct. This will serve as our Affidavit regarding the accuracy of our Application. Thanks for reviewing and processing this Application for Annexation and Zoning. We look forward to working with you to annex this Property. Please contact us if you have any questions. Very Truly Yours, Gi(/~ Andrew W. Simonds Vice President of Real Estate & Development AWS/lmz Cc: James A. Post c/o Rich Allison Meridian Real Estate 04/22!69 0$:52 FA3 1208336 ALLIANI;E TITLE i's, r°.. ~r ., xi.Y.:•r~~:."+'+•r: FF~If!!~y fVN.• ' Fay Vplae-ef+~' ' ~ji'~ ~ • ~ ' '•:r i~~,~ ; ~r. ~ t}r!•-~'lOn~+?}' ~ r 1~4'. '• .S»~• ~'{~11~i. ~91'~~~Ij• ~~' ~ p~(1!1 ~`' 'JE~me r~'A~'•„p0$C,• find 1>.fi9e~t~i.<p~' ' *;.,i1i1~ ~~, - ~.... Dox'~9b;~tsF Idaho' ~ ; ;,-:,-•~ :~ },;....•,:,. y f1~s ~T•"~i1u'~~llo~Wle~ ~Aeerf~pd pipi~l!Riti.' i;:~ r. ;' ,s 8u~di•19itielf;Y~t;'tikle'?a~6;t-~~ .o~~ •:~• - ew~''~~*t'3aularZ~r desaa~17et~ •' ~,;~03. ~+ ,r~ .. -' . : ~~ ian~+ig- n~'. ~~ ~ ~taFCna~a~,7;a' ~Ka~"'x • • itf~ta~ie '!~$~eid. ~b7~~.vi's~:oa;,~'~ i"ts6,t~! a:,, •, ~ + '~lienog'i°'S',"~'~Tr.. 'yn}n.t$,r~;~'ia¢t}y~~csz ' i + '~it3eII4 ~S~~•ri.~~' ~X ~'~~~! N.S. yky^~'~ irMW~j f+, }.. .. •' ~.hrr.ryi• f.~+i:f:~f '~.r 'rj!•:;:;i~•r.~ji`c (,`d'r'y ~' f ,el''''f ... "~~{{'~ • ' ~~• C. .. ~ .. ~.~ ~ 5~-~~ '•~f, l~.t_t' ~•. T'IY+ ti.~ . . i."n~~y; x?~ty ".ii,~ t Sir ~~:r'." .°t:'-' ,y~,,;' , ~"q ,~ .,' , ~ ;r• ry.%~:~„rtr, •rf f{ fry v fj'L,~•_ ~ • 5 ~" +~,1i .~ .i ~?•... ~.5 l.r?'J-1~: ~.yrr ~ wy j. 'rl ~' . `~~-7lla`I *,3~~n: d ~ :.. , ~. 1)•' 3 1 ,7~.~ ~ :YFr, + ~a:+•: '~:~ :.• • s~..+-:'~~~3r,5fd~~1`^C e..ri_u S:•',,:~.~&J'r5.`a~~,' ~ r , ~a: ~~N1 :' '~ ., . ,r :: ' '! ~'• Yr !~eY°~ r d a`~'snr`_ ,.. !~$''Sr: cY • ?~r_~t ~t" ._ _ .l-:,;w • • ~ ~ `'':~~''? ~.~-~1`A~~•`Yb~i~ - ?+L ~`•i''A`:: t ~ ~+. '~ .': ' L'Ai~.'~t .-- •+::~-': U02~ U 1~. 1 ` ~~.~R~.NTY "DEED ~~ ti. ',; F ~ , ~° - ' ^1 ,,~~ for Value iieceivesl El Itahcho Raalty IWC. t : y~. ~~~~~ ,a rr ;;~~'' ~ ". ' thn grnntnrs; cio herehy Kt'ant, bgr$ain sell nrii! convaY unto ,L "' ,, `~tr;s`~~`+, , JA,4FS A POST AUi~~R031aTTA P09T~, husband and ++ife~ ~ } ,,.h~ ~3o.c 29~; ~ ~ ~3tar, Idaho " '~ ~ r~~~ ~~~ r~r ~~. . the grantees , th® foilawinA deecrlbed prem(eee, to-wits z ~ ~,~ ~r,~~{ky ;; , ,; Lot ~12 Of i~tagi, View Subdivision .Lp Ads County, xda ~ :a ~'~ ` -;SAVa Ai~ID":FCCEpTt tdorth""test; Lorne' ~,af 'said blot` ~r~^0 ~ R' 3eginnin~¢ "at the i~,, ','agie ..Vie~~r 3ubdiviaion' being'~the. Real Point' of ,i3agi" .. ~ ~Tnene3 id..f3a 3~t31r' 1;.:?a~,di~tance.:,of~JOb.00;,feet,~~;' ~ ~, § bhenc4 ~. 00 21' 29'r E, e " dietana~ :of "1.45:20 :Pe~etyf , ;th®nc©,"S,~,B9 3Brg1" W•=:A distance":of.300~40-feeti~~~" ~~ "thenC~` ?i.00 2~:-2~1r' W. a "`distance of .145:2 feet rto" ~ ~ > ;R~AL;~POiNT 0~' BEf,III1'IItIG,, ~:_ ', a3 ~ ~ x T S .. r T f r_ ~: t 1 1 Xf T~k. (~ ' C $, i^ S C ~ f-t~'+; ' F ~.( t.,J ( { ~ ttT E •'~' 7 N 7,1 - :}7 . yi ;. ~.~ ~nr o - < : e >,c~ctt d _j + x ,yt~j,i k y ' i ~ ~ ?~ . .. ~ _ la x Ki .S, ;1~ '~'$" .. r ~y +tr '~~ ~ ~ ~ tq~~ ~ ' 7 i R 41;" - .; ~ ~,. m'~+ ~~";rY?fit ~, ` TQ'HAVL A~tD TO IIOLb'!he eal~'~premieerr, with ~E~iefr ap~drtets~n ~J •_ heirq and assigns iarever,"And,th! eald'Crantor!e~ da~~ shb li E ~ iVtth"`t,1ie aald Grantee s, that `t heY 81'9 ' the owpeC~ Ih tes~ tlmpiap o~'`Sd "~t4_ . ~d }y ~,; ptemt#ets are (ree from 61- lncumbrancee ~ .~qG ~ ~: ?, ,~`` .Y~ r ~ ~' ~ A x 1rnT;~ 7}tl tr~~1R fi~~ ~, p~`! ~ ~ x~{t l}- ' ni. t ~ kt ~ ~`C =~nnd thst that, w(11 warrant and dofend the same from alt tu~vfu"! ciafmR ah r ~y,,~ E , Ac.,- a x u, ~ ~f~ N ~' ~ s ~ ~~ 4a Y~N~ d~ STATE OF lUAHO, COUNTY QF ;:` ;1 81`ATFI OF,IbAFd~+l~tJt4't'~l'"~t!#' ':~k °oh thr. ;: ~ 29~ ~: a.y et Oa1;. ,'~ ts, 73,~~ .r~ [,bir.6y ~ th~~ii~~fi~` - • ~~ ,~~` •blton mo, ~ n4t~ry pubilt In and for uld 8t~to, plrsoaarlFF?$ TYh~ fRWMO of '` ' ` ~' ~ ~,, ~ ~~FM~TMd '; ~2'ailiC .j,r iVea~Oat~ and ~; ~'~~~' ;~;~ t. '+, ~~ y ~ ,'- David''~L. Putnam,°, President and tF thr. '~ +~~; ~~ ~~ ~ ,:f„:ti 1 ;~ >SBCZ~stary, of °1 .P.ancho?.Real,ty, ~ ~,Jj ;. 'ta a m'r°oA1a;'i~hd "~d ~~,~ i ,Inc: `~ `~;. -. N+f E for vee, .t pf«. ,t~-~~+'~ ~ ~~ t known to•m• tq M"tha yinoa gr i who•jg •!umo g '~r , h , ~.~k ~~ i~ ~ Y ~~ , tuburibad to tht withra id~trumtf~t, Rnd aeknolrledsed to •- ~ '~ ' 9 t~ ~~. ~r soured the pmo ' 'r s,~ • i ~m~ t}1Yt tn9Sf' ~~ ~ ~y„i r ~Sa~Fr~ ,~r^ ~i ~iftr~ :~ . ~ ~ ~ ~~I ~~'/;'' ~ n ~ , :~ ...~~ 3~ ~: ~ `'~ ~~~`" ~¢ as # ~. r _ . ,.. Ek..._. .. t .s , .~.. ...._ , x,: xota,yPYwfq~ t~"B~:+d4r .: ..~? F,. Comm: E • ~~ CONSENT TO REQUEST FOR ZONING AMENDMENT AND FOR CONDITIONAL USE PERMIT I am the owner of that certain real property described as Lot 12 of the Amended Magic View Subdivision, Ada County, Idaho. I have entered into an agreement to sell such property to Fermor, LLC, an Idaho limited liability company.. I'have and"do hereby consent to and request a Zoning Amendment and a Conditional Use Application approval as filed by Fermor for such" .. e property ~ ~ ;, . ,- ~ __ . ~w :DATED This ~~ day of May, 1999. ` ~~~ .. _, ~ ~ ,. A. POST ~. ~, e .. . .8 J s f. ,Nd' ~~~»~ STATE OF ~H~O ) ~ _ ~~ E )ss. County of ~') jJ ~~ ) On this ~~ay of May, 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared James A. Post, known or identified to me to be the person whose name is subscribed to the within-instrument, and acknowledged to me that he executed the same. v IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~= v f '~Z~ t. .. .. n NOTARY P LIC for Residing a L, ` C,_. L.~S, ~ ( ~ ~ ~ ~,~,~ _ ~ _ ' My commission expires: CARL J. MILLER NOTARY PUBLIC, STATE OF FLORIDA MY COMM. EXPIRES DECEMBER 12, 1999 ' ,COMM. NO. CC517438 x . ~, y ~ S . ~ { ZO' d ~uauta6EU~ew u ~ E~unow iC~oo.a dbZ = ZO 66-ZO-~-+nC Z0 36dd - ,:~ ~~ : S t 66 ~ Z0 Nflf ~~ JWrr-02-99 11:13 8 l~ Engineers, ATNC 2o8~57g2 P. 02 ~J __ _~~ ~~i 55Q5 W. Franklin t7oad • Bolse, Idaho 837fl5-1055 Q` :e { a, ~' ~ • .t Annexation i~escription .. , ~ a for FERMQR, LLC ' All of Lot 12 of the l~mended Magic Vim Subdivision snd adjoining public right-ot way located in the southeast quarter of the northeast quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being. more .particularly described as fotlows~ f Commencing at the`east quarter cornet of said Section 17; tt'ence N00" 22'5?.7"W, 104.66 feet along the easterly boundary of said Section 17 to ttie extension af'ttie u southerly boundary of Lot 12 of the Amended Magic View Subdivision, as shown on the official plat thereof an file in the office of the Ada County Recorder, which is the Aew/ font o/ BFgg• ~ .. Thenoe S&4°3T02.3"W, T09.05 feet along the extension of the southerly boundary of said Lot 12 and the southerly boundary of said Lot 12 which is also the centerline. of Gentry way to the southwest comer of said Lot 12; R t Thence N00°22'57.T"W, 309,OB feet along the westerly boundary of ~ ' said Lot 12 -which is also tl'te centerline of Allen Street to the northwest comer of said Lot 12; Them S139°3T02'E, 709.05 f>9et along the northerly boundary of said Lot 12 and the northerly boundary extended ° of said Lor 12 to 3f~e easterly boundary of said Section 17; Thence. S00°?2'S7.7"E, 309.06 feet along the easterty boundary of said Section .17 to the Ae~l Pioint olBsglnrring. Comprising 5.031 acres, more or less. fey: roseph Q canr,~ its alts raar~: /~,e i, asp ~ ~ D ` ~.~ ' o +116 r ~Q~~ ~ a,F ~ ~~~ Py [}. CA f { Y. 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(206} 345.7030 • Fax (208}345-7210 ~ ~ "~ ~ ~~ ~ ~ ` v \ ° -- Airport Business Park • Best Western A;rport Motor Inn ~ ~ _ ~ ~` ~ ~v ~. , v \~ ~ ~ \ \ ~~ \ ~ ~~ ~ ~ ~ `` Best Western Vista Inn ~ Sleep Inn • Lo9gPr Creek Plaza \ ~~~~ _ ~ \ Ambassador Busrness Center ~ ~ ~ , ~~~ ` ~ \ ~ ~ ~ UNT i • .. \\ ~ \ CHECK DATE AMO ,~ . ~ \ ~ ~ ~ W fM-Yt Y! It YC ~[ \ ~ , • , •; 06%01/99 465 76 ` \. "~ Pay \ . \ ~ ~ \ \' \~ •~, *FOUR HUNDRED SIXTY FIVE DpLLARS AND 76 CENTS ~ \ ~ ;,\ \~ \~~ ~ ~ , order ~ \ MERIDIAN, ,.CITY OF ~ ~ ~ \ .~~ `~~ ~` •?~~; .. \ ~ •~ ~_ ;. \ 7 `~ ~, R~ \ ~ ~ ' \` . < , ~' :~ , -~ \. \. ,~ :,~ , ii'0894 2 L~~' ~: L 2 3 LO 3 7 2`9~: 4 26 7808 089~i' !~ ~, ~ ~ October 1, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 5 1999 APPLICANT: FERMOR. LLC ITEM#: 5 REQUEST: DEVELOPMENT AGREEMENT FOR EAGLE ROAD PROFESSIONAL CENTER AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORN EY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: SEE ATTACHED DEVELOPMENT AGREEMENT CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN lRR1GATlON: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: p~/~Y ~~ ~r V ~Y ~ S All Materials presented at public meetings shall become property of the City of IlAeridian. ~~~ ~~~ 1 ~.~~~ ~ ~~~ ~j~~' WHITE, PETERSON, PRUSS, MORROW ~t GIGRAY, .P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. R GIGRAY, Ill D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS EAIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE William G. Berg, jr., City Cleric MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680.1150 TEL (208) 288-2499 FAX (208) 288.2501 Email via Inteinet @ wfg~wppmg.com t September 24, 1999 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE R~cE~D S EP 2 7 1999 CITY OF MERIDIAN Re: JAMES A. POST AND FERMOR, LLC / DEVELOPMENT AGREEMENT, RESOLUTION AND CERTIFICATE OF CLERK Dear Will: Please find enclosed the new originals of the Development Agreement, Resolution and Certificate of the Cleric, and therefore please replace these new documents from my September 1, 1999, letter. These documents have been revised pursuant to negotiations with the Developer. Also, please note that the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING were approved at the September 7, 1999, City Council meeting. - Therefore, since Council has approved the Findings of Fact and Conclusions of Law for the above matter, then the Findings will now need to be attached to the Development Agreement as Exhibit "B". Please submit the Development Agreement to the owner. and developer for signatures. • v .1 F - If you have any questions please `advisee. Ve my s, . F. igray, III msgiZ:\Work\M\Meridian 15360M\Eagle Rd Professional Ctr\New DevAgtResCertofClk.ltr k DEVELOPMENT `AGREEMENT PARTIES: 1. City of Meridian 2. .James A. Post,',owner ' 3. _ Fermor, L.L.C., an Idaho Limited L. ~;~~``` Developer ~ ~~ ~~~ ~ /~ Y ~ `~ .THIS DEVELOPMENT~AGREEMENT (this. ~ ~ ~ ~; is l made and entered into this day of ®G~,C~.~f - , 1. ,.may and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", -and JAMES A. POST, hereinafter.called "OWNER", ,whose. address is PO Box 1290, Oldsmar, Florida 34677-0023, and FERMOR, L.L. C, an Idaho Limited Liability Company, hereinafter called "DEVELOPER", whose address is PO Box 15407, Boise, Idaho 83715. ,, 1. RECITALS: 1.-1 WHEREAS, "Owner" is the sole owner"; in law and/or equity, of certain tract "of land in the County of Ada, State °tR 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 a~ :1.1.1 It is intended that~the "Developer" will proceed to `develop the "Property" in `accordance with the provisions of this agreement, and it is.intended that the "Developer" will be the subsequent owner of the real property, 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 `tProperty"; and a 1.3 WHEREAS, "City" has exercised its statutory authority by 'the enactment of Ordinance I 1-2-416L and 11-2-417D, ,3 which authorizes development agreements upon the annexation and zoning of Iand; and 1.4 DEVELOPMENT AGREEMENT - 1 WHEREAS, "Owner" and "Developer" have submitted an application for annexation and zoning'of the "Property"s described in Exhibit A, and has requested a designation of ,. k General Retail and Service Commercial (C-G), (Municipal Code of the City of Meridian); and - t - 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 -1.6 WHEREAS, record of the'proceedings for the requested . annexation and zoning designation of the subject '' ` "Property" held before the Planning Sz 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 ay ` 1.7 WHEREAS, City Council, the day_of, , 1999, S has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which R are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the -. "Findings"); and ._ ` 1.8 WHEREAS, the {`Findings" require the "Owner" and "Developer" enter into a development agreement before ,, the City Council takes final action on annexation and - .. zoning designation; and s ,. 1.9 "DEVELOPER" deems it to beiin 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 k 4 t r. $ , 1-.10 WHEREAS; "City" requires the "Owner" and "Developer" ` to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the - ~ a subsequent use of the "Property" is in accordance 'with the ' terms and- conditions of this development agreement, herein being established as a result of evidence received by - the "City" in the proceedings for annexation and zoning '' '~ designation from government subdivisions providing ~• :. DEVELOPMENT AGREEMENT- 2 9 ,~ ~: ,. ` carciirao-~xrithin'thP r,7~nninrr iiiric~i~tinn ~n~ frnm affPr-rPrl _ ~,,. ~..,.,~ ...~.........., r.~.......~ ~~..~.....~..,.. ~..~ .. ~.....~__.,~....,. ` 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. NOW,. THEREFORE, in consideration of the covenants and conditions set forth herein,, the- parties agree as follows: t 2. ~ . INCORPORATION OF RECITALS: That the above_recitals are contractual "and binding and are incorporated herein as if set forth in full: r , 3. DEFINITIONS: For all purposes of this'Agreement the following words terms, and phrases herein contained in this section shall be defined and'interpreted as herein provided for, unless the;clear context. of the presentation of the same requires otherwise: , 3.1 "CITY": means and refers to the City of Meridian, a party ~, ~~ to this Agreement, which is a municipal: Corporation and e government subdivision of the state of Idaho, organized aril existing by virtue of law of the State :of Idaho, whose addre"ss is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER" means and refers to Fermor, L.L.C., an Idaho Limited Liability Company; whose,,address is PO Box 15407, Boise, Idaho 83715, the party developing said + "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 5 ° 3.3, "OWNER": means and refers to James A. -Post, sole owner; whose address_is PO Box 1290, Oldsmar, Florida ,' M v 3467.7-0023, the-party developing said "Property" and s shall include-.any subsequent owner(s)/developer(s) of the - "Property". s E 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the: County of Ada, City of f Meridian as described in Exhibit "A", attached hereto and " ~ ~ by this reference .incorporated. herein as if set forth at length. 4> DEVELOPMENT AGREEMENT - 3 ~, . ~ ~ , 4. USES PERMITTED BY THIS AGREEMENT: 4:1' The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Section 11-2-408(B)(11) Meridian City Code ` which are herein specified as follows: t ~ Construction of 2 two-story office buildings. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. 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. , 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 `Developer" shall develop the "Property" in accordance with the following special conditions: 6.1. I The project is required to be submitted as a planned development -under the conditional use permit process because more than one building is proposed on one lot and the parcel is located within amixed/planned use development area as identified within the Meridian , Comprehensive Plan. k 6.1.2 Off-street parking shall be provided in accordance with ` Section I 1-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific °requirements. 6. I.3 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,Americians with Disabilities. Act (ADA} requirements. -DEVELOPMENT AGREEMENT -`4 rr _ x,~ :a - ~, 6.1.4 A drainage~planYdesigned by a State of Idaho licensed architect or engineer is required and shall be submitted to - ~ the. City Engineer for all off-street parking areas. All site drainage shall;be contained and disposed of on-site. 6.1.5 Outside lighting shall be designed and placed so as not to~ direct illumination on any nearby residential areas and in p . accordance with City Ordinance Section 11-2-414.D.3. 6.1.6 All signage shall be iri accordance with the standards set forth in Section l°1"-2--415~of the City of Meridian Zoning and Development Ordinance and as specifically•approved as part of the conditional use permit. - No temporary signage or flashing signs will be permitted. a 6..1.7 Determine the normal high groundwater elevation; and submit: a profile of'the subsurface soil conditions as prepared, by asoil scientist with the design of site drainage ~, plan. . `6.1.8 Provide five-foot-wide sidewalks in accordance with City - _ Ordinance Section 11-9-606.B. 6:1.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 6. f : l 0A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. 6.1.1 I Attention to lighting plans `to ensure that lights do no cause glare"or impact to adjacent residential properties or the traveling.public -shall be addressed. 6. I.12A minimum 35-foot-wide landscape setback beyond ~. required right-of-way on Eagle Road and I-84 is a condition of annexation. Although the site plan shows 35 feet is being provided, the area only scales at 30 feet. The plan needs to be revised to ..comply. ~.,: 6.1.13 No signage other than that included in the application is .. considered as part of this application. All signage is subject to design- review. DEVELOPMENT AGREEMENT - 5 - Y.. _ e y _, F; 6.1.14The Planning and Zoning Commission and Council may prescribed app"ropriate conditions, bonds and safeguards in ' accordance with Ordinance Section 11-2-418. 6.1.15 Coordinate the location and sizing requirements of screened trash enclosure with Sanitary Service Company. Applicant to provide a letter of approval from Sanitary Service Company prior to applying. for building permits. 6.1.1.6 Revise the site plan to show minimum five-foot wide sidewalks along street rights-of-way and within the development. Y_ 6.1.17 Parking stalls are to. be a minimum of 9'x19', with 25-foot- wide driveway aisles. Revise site plan to comply. 6.1.18-The total area of all common open space shall equal or exceed ten percent (10%) of the gross land area of the PD. Provide calculations on revised site, plan to verify . ' 'compliance. .~ ~ 6.1.19Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate 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. 6.1.20Any 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:.. 6.1.21 Anticipated fire flow and domestic water requirements for the,propose site must be submitted. 6.1.22Approval of the application will be contingent upon the Waste-Water Treatment Plant's ability to accept the additional sanitary ,sewage of the project. DEVELOPMENT AGREEMENT - 6 . .~ k, J r 6.1.23 Water service is .contingent upon positive results from a . hydraulic analysis. ` 6.1.24Applicant shall be required to-enter into an Assessment Agreement with the City of Meridian. Additionally, water and sewer "Late Comers" fees will also be charged;against the parcel. 4- :, 6.1.25Applicant to.provide a letter of approval from Ada County Highway District prior to applying for building permits. Letter of approval to include recorded warranty~deed for any necessary roadway dedications. k .. 6.1.26Gentry Way, south of the .property, has not been constructed. Water' and storm sewer lines have been ..constructed from Magic View to and through`Gentry Way. Applicant shall be responsible for payment of latecomer fees to reimburse the parties responsible for extending. x sewer and water to the site. ` 6.1.27Per Uniform-Plumbing Code requirements, each building `shall be served by independent sewer and water services. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and<the commitments contained herein shall be terminated, and the zoning designation. reversed, upon a default of the "Developer" or ., "Developer"'s heirs, successors, assigns, to comply with,Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has .complied with the notice and hearing procedures as outlined in LC: § 67-6509, or any subsequent amendments or recodifications thereof. The "Developer" shall be considered to be in compliance with this provision as it relates to the time period of,construction so long as the first building is completed within said time period. 8.. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: a ~ "Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: f a ~. DEVELOPMENT AGREEMENT - 7~ e5 ~ Y y ' 8.1 That the "City" provide written notice of any failure to comply with this. Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months x of such. notice. 9. °' INSPECTION: ~ "Developer" shall, immediately upon completion° ' of any portion or the entirety of said development of the "Property" as required by this agreement or by -City ordinance.,or policy, notify the City a 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 r the "City"~ that apply to said Development. ' 10. DEFAULT: 10.I 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 connection with the ~' "Property"; this Agreement `may be modified or terminated a by the "City" upon compliance with the requirements of • A ~ the Zoning Ordinance. ,. .. . ti- ' 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. ~ 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 r. . "Developer", prior to the third. reading of the Meridian Zoning Ordinance in t ° 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. - DEVELOPMENT AGREEMENT - 8 12. ZONING: "City" shall, following recordation of the duly approved. Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. .13. 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. 13.1 In the event of a material breach of this Agreement, the Y parties agree that "City" and "Developer" shall have thirty ' (30) ildays after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any R 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 allowed to cure such failure may be,extended for-such period as may be necessary to complete the curing of the same with ' diligence and continuity. 13.2 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. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable- bonds, as allowed under § 12-5-3 of the Meridian City Code, to insure that installation of the improvements, which the "Developer" agrees to ~` provide, if required by the "City". 15.a CERTIFICATE OF OCCUPANCY: The "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 DEVELOPMENT AGREEMENT - 9 4 C ., ,/ agreement stating when the .improvements will be completed in a phased developed; and in any;~everit, no YCertifcates of Occupancy shall be issued in ' any phase in which the improvements have not been installed, completed, and . , accepted•by the "City": 16. 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. y - ~: . 1.7. 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, LLaddressed as follows: ' i CITY: DEVELOPER: E 3 ~ s 'F ~c/o=City, Engineer City of Meridian 200 E. Carlton, St. # 100 Meridian, ID 83642 with copy to: n w.. City Clerlc City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 ~.. y DEVELOPMENT AGREEMENT - 10 Fermor, L.L.C., an Idaho Limited Liability Company. PO Box 15407 Boise, Idaho 83715 OWNER: James A. ,Post PO Box 1290 Oldsmar, Florida 34677-0023 r 17.1 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. ° 18. ~ ~ 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 provisiori~ shall be deemed to be a~ separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. -t ~r F 19. ~ }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. 20. BINDING;UPON SUCCESSORS: This Agreement shall be binding upon and -inure to the benefit of the parties' respective theirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their "successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property'°. Nothing herein shall in any way ' .prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted -and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", 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. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such. provision shall be deemed to be excised from this Agreement and the., invalidity thereof shall not affect any of the other provisions contained herein. . 22. 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 rio 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 oryresolution of "City". 22:.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice DEVELOPMENT AGREEMENT - 11 ~,~ -. »; , provisions ..provided for a zoning designation and/or amendment in force at the time of the proposed amendment. - 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall~be - r 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. Y G 3 ~ 4 . a ,. a t . ~ c ,~ l . N a 3 • i °5 ~ ! n • e {, a, DEVELOPMENT AGREEMENT - 12 ~, , 't, ` ~.,. _ i x. ~ ~ :. ., .: a ACKNOWLEDGMENTS i IN WITNESS- WHEREOF, the parties- have herein executed this ~~ ,~ agreement and Made it effective as hereinabove provided. ~. 4 DEVELOPER: F BY: ATTEST: BY RESOLUTION NO. ~, ~ , #> OWNER: _ ~~ BY: ... James A. Post CITY OF MERIDIAN ` M ._ - ' BY: MAYOR ROBERT D. CORRIE ATTEST: CITY CLERK BY RESOLUTION NO. a /Z:\Worlc\M\Meridian 15360M\Eagle Rd Professional Ctr\DevelopAgr ` a q. DEVELOPMENT AGREEMENT - 13 .i STATE OF IDAHO, ) . ~ : ss County of Ada, ) r On this ` _ day of , in the year 1999, before me, a Notary Public, personally appeared and , known~or identified to me do be the persons who executed the instrument on behalf of FERMOR, L.L.C., an Idaho °'Limited Liability Company, and acknowledged to me having. executed the same. (SEAL) Notary Public for Idaho - Commission expires: STATE OF FLORIDA ) aS COUNTY OF PINELLAS} ~ ` On this day of , in the year 1999, before me, a Notary Public, personally appeared JAMES A. POST, as sole owner, r known or identified to me to be the person who executed the instrument and acknowledged to me having .executed the °same. k s (SEAL) Notary Public for Florida k ~ ., Commission•expires: ~. 4 DEVELOPMENT AGREEMENT - 14 .. ,~ ~" `STATE OF-IDAHO , ) :ss a . County of Ada ) On this day of , in the year 1999, ~° ,. before me~, a Notary Public, personally,appeared~Robert D. Cowie and William . G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of they City of Meridian, who executed the instrument or the person that executed the instrument of y behalf of said City, ~ and acknowledged to me that such City executed the same. a . 4 .. ;.(SEAL) Notary`Public for Idaho ~. Commission expires: y~ ~ ~ E 4 p: ,. •N •~ ~ ~. F DEVELOPMENT AGREEMENT - 15 a ~ x x ~. . '~ EXHIBIT A . Legal Description Of ProPertY All of Lot 12 of the Amended Magic View Subdivision arid` adjoining. public right-of-way located in the southeast quarter of the northeast quarter of Section 17, Township ~3 North, Range 1 East, Boise IVleridian, Ada County, Idaho, being more particularly described as follows: Commencing at the east quarter corner of said Section 17; thence N00°22'57.7"" W, 104.66 feet along the easterly boundary of said Section 17 to the extension of the southerly boundary of Lot 12 of the Amended Magic View Subdivision, as-shown~on the official plat thereof,on file in the office of the Ada County Recorder, :which is -the REAL POINT OF BEGINNING: Thence S89°37'02.3" W, 709.05 feet along the extension of the southerly boundary of said-Lot 12 and the southerly boundary of said Lot T2 which is also the centerline of Gentry Way to,the southwest corner of said Lot 12; TYierice N00°22'57.7" W, 309.06 feet along the westerly boundary of said Lot I2 which is also the centerline of Allen Street to ahe northwest corner'of said Lot 12; Thence S89°37'02" E, 709.05 feet along the northerly boundary - of said` Lot 12-and the northerly boundary extended of said Lot 12 to the easterly boundary of said Section 17; Thence S00°22'57.7." E, 309.06 feet along the easterly boundary of said Section 17~.to the REAL POINT OF BEGINNING. Comprising 5.031 acres, more or less. t l' ° DEVELOPMENT AGREEMENT - 16 ,. r .. a, .~ EXHIBIT B sFindings of Fact and.Conclusions of L-awlConditions of A~Froval F "Y, 4 F i 4' t « ~d ~ ' i DEVELOPMENT AGREEMENT - 17 - F interoffice MEMORANDUM RECE~D To; William G. Berg, Jr. /, - '~/ OCT -4 1999 From: Wm. F. Gigray, III ~`'~ CITY OF MERIDIAN Subject: Eagle Road Professional Center Development Agreement Date: October 4, 1999 Will: " Pursuant to conversations on September 30, 1999, between Mr. Andrew Simonds and Bill Gigray on the above matter, apparently there are new owners to the Development Agreement. The new owners are Eagle Road Professional Center, L.L.C., an Idaho Limited Liability Company. Therefore, pursuant to the conversations between Mr. Simonds and Bill Gigray- please find attached the new, revised Development Agreement, reflecting the new owners of the subject real property~in the above matter. Therefore, since Council. has approved the Findings of Fact and Conclusions of Law in this matter, the Findings will now need to be attached to the new, revised Development Agreement as Exhibit "B". Please submit the Development Agreement to the owner and developer for signatures. Also attached are the .originals of the Resolution and Certificate of the Clerk for the Development Agreement. If you have any questions please advise. ms~Z:\Work\M\Meridian 15360M\Eagle Rd Professional Ctr\ClerkRevisedDevAgmt.ltr DEVELOPMENT AGREEMENT RECD ~. 0 C T - 4 1999 CITY OF MERIDIAN PARTIES:.. 1. City of Meridian 2. Eagle Road Professional Center, L.L.C, an Idaho Limited Liability Company, owner 3. Fermor, L.L.C, an Idaho Limited Liability Company, _. developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 1999, by and r between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and EAGLE ROAD PROFESSIONAL CENTER, ~. L.L.C., an Idaho Limited Liability Company, hereinafter called "OWNER", whose address is PO Box 15407, Boise, Idaho 83715, and FERMOR, L.L.C.,an Idaho Limited Liability Company, hereinafter called "DEVELOPER", whose address is PO Box 15407, Boise, Idaho 83715. 1. RECITALS: 1.1 WHEREAS, "Owner" 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 1.1.1 It is intended that the "Developer" will proceed to develop the "Property" in accordance with the provisions of this agreement, and it is intended that the "Developer" will be the subsequent owner of the real property. 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 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and zoning of land; and DEVELOPMENT AGREEMENT - 1 1.4 WHEREAS, "Owner" and "Developer" have submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of General Retail and Service Commercial (C-G), (Municipal Code of the City of Meridian); 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 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning &. Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the day of , 1999, ,has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which ' are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Owner" and "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into 'this Agreement and acknowledges that this Agreement vas entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, DEVEI:OPMENT AGREEMENT - 2 herein being 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. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS:. For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Fermor„ L.L.C., an Idaho Limited Liability Company, whose address is PO Box 15407, Boise, Idaho 83715, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "OWNER": means and refers to Eagle. Road Professional Center, L.L.C., an Idaho Limited Liability Company, whose address is PO Box 15407, Boise, Idaho 83715, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of~ DEVELOPMENT AGREEMENT - 3 Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified'at Section 11-2-40$(B)(11) Meridian City Code which are herein specified as follows: Construction of 2 two-story office buildings. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. 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 Sz 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. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 6.1.1 The project is required to be submitted as a planned development under the conditional use permit process because more than one building is proposed on one lot and the parcel is located within a mixedlplanned use development area as identified within the Meridian Comprehensive Plan. 6.1.2 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. DEVELOPMENT AGREEMENT - 4 6.1.3 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. 6.1.4 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All-site drainage shall be contained and disposed of on-site.. 6.1.5 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. 6.1.6 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 and as specifically approved as part of the conditional use permit. No temporary signage or flashing signs will be permitted. 6.1.7 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 6.1.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 6.1.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 6.1. l0A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. 6.1.11 Attention to lighting plans to ensure that lights do no cause glare or impact to adjacent residential properties or the traveling public shall be addressed. 6.1.12A minimum 35-Foot-wide landscape setback beyond required right-of-way on Eagle Road and I-84 is a condition of annexation: Although the site plan shows 35 DEVELOPMENT AGREEMENT - 5 feet is being provided, the area only scales at 30 feet. The plan needs to be revised to comply. 6.1.13 No signage other than that included in the application is considered as part of this application. All signage is subject to design review. 6.1.14The Planning and Zoning Commission and Council may prescribed appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. 6.1.1 S Coordinate the location and sizing requirements of screened trash enclosure with Sanitary Service Company. Applicant to provide a letter of approval from Sanitary Service Company prior to applying for building permits. 6.1.16Revise the site plan to show minimum five-foot wide sidewalks along street rights-of-way and within the development. 6.1.17Parlcing stalls are to be a minimum of 9'x19' with 25-foot- wide driveway aisles. Revise site plan to comply. 6.1.18The total area of all common open space shall equal or exceed ten percent (10%) of the gross land area of the PD. Provide calculations on revised site plan to verify compliance. 6.1.19Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate 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. 6.1.20Any existing domestic wells andJor 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. DEVELOPMENT AGREEMENT - 6 6.1.21 Anticipated fire flow and domestic water requirements for the propose site must be submitted. 6.1.22Approval of the application will be°contingent upon the ` Waste Water Treatment Plant's ability to accept the additional sanitary sewage of the project. 6.1.23 Water service is contingent upon positive results from a hydraulic analysis. 6.1.24Applicant shall be required to enter into an`Assessment Agreement with the City of Meridian. Additionally, water and sewer "Late Comers" fees will also be charged- against the parcel. 6.1.25Applicant to provide"a letter of approval from Ada County Highway District prior'~to applying for building permits. Letter of approval to' include recorded warranty deed for any necessary roadway dedications. ~, 4 6.I.26Gentry Way, south of the property, has not been constructed. Water and storm sewer lines have been constructed from Magic View to and through Gentry Way. Applicant shall be responsible for payment of latecomer fees to reimburse the parties responsible for extending sewer and water to~the site. 6.1.27Per Uniform Plumbing Code requirements, each building shall be seined by independent sewer and water services. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This ° a Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed,.upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development"of subject ~"Property"'of-this agreement within two (2) years of the date this Agreement"is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I:C. § 67-6509, or any subsequent amendments or "recodifications thereof; The "Developer" shall be considered to be~in compliance with this provision as it relates to the time period of construction so long as the first building is completed within said time period. ~, ~ ~. DEVELOPMENT AGREEMENT - 7 , , t~~ v ~LUrivi~ivraUx~~~Nr~-i~-i-a 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 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 connection 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. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the E,Yhibits, at "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in DEVELOPMENT AGREEMENT - 8 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. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. 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. 13.1 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 allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 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. 14. SURETY OF PERFOP;MANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under § 12-5-3 of the Meridian City Code, to DEVELOPMENT AGREEMENT - 9 insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". I5. CERTIFICATE OF OCCUPANCY: The "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; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. 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. 17. 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 200 E. Carlton, St.#100 Meridian, ID 83642 DEVELOPER: Fermor, L.L.C., an Idaho Limited Liability Company PO Box 15407 Boise, ID 83715 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER: Eagle Road Professional Center, L.L.C., an Idaho Limited Liability Company PO Box 15407 Boise, ID 83701 17.1 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. DEVELOPMENT AGREEMENT - 10 18. ATTORNEY FEES: Should any litigation be comnxenced 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. 19. 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. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", 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. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. 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 DEVELOPMENT AGREEMENT - 11 their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public Bearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. 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 - 12 . ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. ' u DEVELOPER: BY: ATTEST: BY RESOLUTION NO. OWNER: BY: ATTEST: BY RESOLUTION NO. CITY OF MERIDIAN BY: MAYOR ROBERT D. CORRIE ATTEST: CITY CLERK BY RESOLUTION NO. /Z:\WorIcWlWteridian 15360M\Eagle Rd Professional Ctr\DevelopAgr093099 DEVELOPMENT AGREEMENT - 13 1 STATE OF IDAHO, ) ss County of Ada, ) ~- On this day of , in the year 1999, before me, a Notary Public, personally appeared and ,known or identified to me to be the persons who executed the instrument on behalf of FERMOR, L.L.C., an Idaho Limited Liability Company, and acknowledged 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 1999, before me, a Notary Public, personally appeared and ,known or identified to me to be the persons who executed the instrument on behalf of EAGLE ROAD PROFESSIONAL CENTER, L.L.C., an Idaho Limited Liability Company, and acknowledged to me having executed the same. (SEAL) Notary Public for Idaho Commission expires: DEVELOPMENT AGREEMENT - 14 STATE OF IDAHO ) :ss County of Ada ) On this day of in the year 1999, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerlc, respectively, of the City of Meridian, ~vho 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. ~S~-) Notary Public for Idaho Commission expires: DEVELOPMENT AGREEMENT - 15 EXHIBIT A Legal Description Of Property All of Lot 12 of the Amended Magic View Subdivision and adjoining public right-of-way located in the southeast quarter of the northeast quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the east quarter corner of said Section 17; thence N00°22'57.7" W, 104.66 feet along the easterly boundary of said Section 17 to the extension of the southerly boundary of Lot 12 of the Amended Magic View Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder, which is the REAL POINT OF BEGINNING: Thence S89°37'02.3" W, 709.05 feet along the extension of the southerly boundary of said Lot 12 and the southerly boundary of said Lot 12 which is also the centerline of Gentry Way to the southwest cornier of said Lot 12; Thence N00°22'57.7" W, 309.06 feet along the westerly boundary of said Lot 12 which is also the centerline of Allen Street to the northwest corner of said Lot 12; Thence S89°37'02" E, 709.05 feet along the northerly boundary of said Lot 12 and the northerly boundary extended of said Lot 12 to the easterly boundary of said Section 17; Thence S00°22'57.7" E, 309.06 feet along the easterly boundary of said Section 17 to the REAL POINT OF BEGINNING. Comprising 5.031 acres, more or less. DEVELOPMENT AGREEMENT - 16 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - 17 MERIDIAN CITY COUNCIL MEETING:. SEPTEAABER 21.1999 APPLICANT: FERMOR LLC AGENDA ITEM NUMBER: 3 REQUEST: DEVELOPMENT AGREEMENT FOR EAGLE ROAD PROFESSIONAL CENTER AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED COMMENTS C{TY 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: yNN'~ ~~ BUREAU OF RECLAMATION: OTHER: Ail Mat®rials presented at public meetings shall become property of the City of Meridian. it ~ y .. p , WHITE, PETERSON, PRUSS, :MORROW ~t GIGRAY, P: A. ' ~ ATTORNEYS AT LAW ~ JUSTIN B•AYLSWORTH 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE. JULIE KLEIN FISCHER POST OFFICE BOX P150 104 NINTH AVENUE SOUTH WM. ~F. GIGRAY, III '~ MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247 D.SAMUEL ]oHNSON * TEL (208) 288-2499' ~ NAMPA,IDAH083653.0247 WILLIAM A. MORROW FAX (208) 288-2501 FAX (208) 466 4405 CHRISTOPHER $. NYE '` '~ PHILIP A. PerERSON Email via Internet @ wtg@wppmg.com ~. f ~. PLEASE REPLY TO STEPHEN L. PRUSS R ~ MERIDIAN OFFICE' > '` ERIC $. ROSSMAN TODD A. ROSSMAN September 17, 1999 ' #~ R. STEPHEN RUTHERFORD TERRENCE R. WHITE ,- ~~Aridrew W. Simonds, Vice President of Real Estate Sz Development ~ r FERIVIOR, L.L.C~ P.O. Box 15407 Boise, Idaho 83715 h RE: DEVELOPMENT AGREEMENT MERIDIAN # AZ-99-008 s ~ , `Dear Mr. Simonds: "° In response to your fax of September 16, 1999; please be advised of the K ' following: ' Request No. 1: k With the evidence produced, James A: Post could be shown on the Agreement as the developer, as a single person dealing,with his sole and 'separate *' a ,property. , ' ~ . x ,Request No, 2 F * a a ' ;. ~ 'Because the owner of the property must sign-the Agreement under our format, and as provided in Idaho Code Section 67-6511A, if •Mr. Post did .not aign the Agreement.it would not be of benefit to.record the same and proceed with the annexation and Zoning. . If he chooses to proceed in this direction, I recommend this whole matter be tableduntil the Development Agreement is signed by `the owner of the real property. Remember, the City will~~not pass the annexation•and•zoning designation ordinahce~until ,the Development Agreement is signed. k v e, r: ~ { } - .. .. ~- ~. 4: g ~ . Andrew W. Simonds,$ Vice President.of Real Estate & De_ velopment` September, 16, 1999 Page 2 A Request No. 3 is no problem., T Request No. 4 and 5, I will have to review with the P& Z'staff, which cannot be accomplished ~by Friday. .~ I suggest that Mr. Post consider his position on this matter because. that will hold this~up for some time. r y I await your response. a~ .. ,~ { Very truly ours, ..' ~` :. Wm. F. Gigra ,III 1L g r ~~ cc: Steve Siddoway -~ ~~Nillam G~Be g J- ~ ~.. . Z:\Work\M\Meridian 15360M\Eagle Rd Professional Ctr\Simonds091799.Ltr a, >, a a c a i .. r z ,_ ,; ~LL 4 ~, F interoffice ~ ~ ~ ,F MEMORANDUM ~ a To: Williarri G. Berg, Jr. cc: ~"' Mayor-Robert D. Corrie and Council From: Wm. F. Gigray, III ~~- Subject: CASE NO. AZ-99-008 FERMOR, L.L.C. (EAGLE RD PROFESSIONAL CENTER) Date: September 16, 1999 .~ ` , s M1 4: . Will: Please note that the above matter should be tabled by the City Council due to the issues that have been raised by the owner and developer, regarding the Development Agreement. 1 enclose, for your review, the letter°faxed September -l6t'' from Mr. Simonds, and my response which sets our the issues. 9 ~ , If you have. questions please advise. Z:\Work\M\Meridian 15360M\Eagle Rd Professional Ctr\CityC1k091799.Mem ` i t P t il ry a. 3 „. .. ~ .. (~ ~ ,. ~ ~ ' ~ermor L.L.C. P.O. Box 15407 • Boise, )tdsho 83715 • phone 208.345.7030 • Fax 208.345.7210 I w.a4 .. 1 1 . a. ~' x 1 September 16, 1999 `~ ! sMr. BiII •Gigray _ ...VGA.-FA 'C'5,,,~ 1lMMI~.,,~,. " I City; Attorney ~ ~ ~ ~ & 1288-2501 .:Ixti ~" w City of Meridian' ' '200 E. Carlton Avenue, Ste. 331 Meridian,`ID 83642 ~; ~., . =,w, f Re: bevelopment A~eement, Lot 12 of Amended Magic View Subdivisian - AZ-22- 005/CUP-`99-026 "'" Dear Mr. Gi - I~aY'~~ ~ .'Pursuant to.our discussion Tuesday, this letter will document our proposed changes to the ' above referenced Development Agreement. ~ 1.- ~_ . The Owner/Seller is James A. Post, and the property has been quitclaimed by his ex- I wife -Rosetta post. 2. ~ 1<errnor, `LLC i§ the ' Applicant ~ for the entitlements and the Developer for the " property. Fermor will not close escrow on the property until all entitlements are complete, including building permits. The Owner/Seller does not wish to sign the agteemerxt since it won't affect him. Accordingly, the Development Agreement s should be effective upon the sale of the property, with Fermor, LLC as Developer instead of James A. Past. If escrow fails to close, the agreement would be null and void. Pursuant to our Purchase Contract, the sale must close in December, 1999 or the deal terminates, so this could be incorporated into the Development Agreement ~ as a drop dead date. --~.~ 3. Item 6.1.26 should be changed to read "Gentry Way, South of the rro~erty..." 4. Item 7, Compliance Period, should be revised because it could take several years to fully develop the property. We intend to start construction of the first building as soon as practical, but it is conceivable that we would not complete the second j building for a few yeah, when market forces dictate its construction. Accordingly, this section should provide that tive are not in default as long as we complete the shell and core of Building 1 within the 2 year period. i 5. Item 15 of the Development Agreement needs to be revised to allow for lease up - - • it is typical to receive a Certificate of Occupancy for the building shell and core, then each tenant space would get its own Certificate of Occupancy as the work is ~ completed. The language as it no~sv reads would not allow the process, even though it is typical. Ia addition, we agreed at our Planning and Zoning Hearing to phase the project, with Building 1, perimeter landscape and offsite improvements constructed frsL Then, as market conditions dictate, we would construct Building 2. i C . JC~'10-1= 77 i0• ti7~ r'~.lil'I f ~:1.' l.l~K.t'UK.1-i 1 1 U~~ I V .;vV~.: kJl r . LJ:., .. d ~ . y W. ~ f F ` s ~_ '~ m Mr. Bill Gigray ~ ~ r September>lb I999 " Page 2 . ,~ ~,~ ` ' Please make these changes'as soon as practical. Per the City Clerk, it is imperative that we sign: the Development Agreement by Friday, September 17, or else our item will be tabled at the City Council Hearing until October 5, 1999. ;' Thank you; and please call me if you have any questions. ` ~ {~ ' , ;° Very Truly Yours, '> r i ~. Andrew W. Simonds Vice President of Real Estate & Development , ' AWS/lmz~; ~ { } Cc: Steve Siddoway, Meridian Planning & Zoning ' Fax: 887-1297 e u ~ a 3 r ~ s- a * '" '" i 1 ! ~~ ~ e ~ i i ~ a ~ ~ ~ t }. I c ~ ~ L ! ,. ~ ! v ~ .. !~ v, i ~.~z n _R ,~ ~ ti ' ~ 4' n 3 . €: a . ;i _ ~ 'r q. , ~ x A S k .. ~ r. s ~ i; _ ° ._,cr-lo-t?» ~c•_~~ rr.Uri r~~, ~_ur.n~r.ri i .u~ ~ ~ ~ _"oc:.~l -. <.i~i ,~ `-23-99 Q9s2OA meridian real estatebl a 208.888 2775' D_p2 ~ ~ t- ~ .. .r .' .. ,, . - v ~.. ... a .. f E t 1 n r.i f .. 4 - C ~~ e QUf7CUlIM DffD ,, .. Pos value aeeeivrd~ ~ PpG:r, oL P;O. Sac ~ „, ~ LSl o]dsr~p~.°lati~d,R. 3~5fi7, j°' Aareiadit~ called she fitas ptrCY ~ deespy cnese presents zastiae. ~ salesse a:>d foreraz Q[lI2CL-L1, uazo ` JABS a: lt8r, o! T.Q, B~ 490. Rfm]aton, 14aro..E35td, ' hersinsft:r. e+~hsd CHa .xcond P+rtY and'to his heirs ane sssiSns, >. i. .11 dz]t-wrica first ~ ehe Eollariag d~seribedre,l aw ben o; :taY 8aresf=et ~eQuire, ie State of Ida3w, to-.iz: ~ Pzoperty. afeuated Sa Ada Caugty. . , j ~ AZL QZ Lot 12 "ef l81f,'TC ti-jS1 9:~1Y2~o~f, aPe~y ` ~ tnq to the of£ie<.,al P3/t tAseevf, fitad is BCdc 20 Of P74te aL Pegp~1756. OLLieiai Ae- . j ~- , t _ • • ~ ~ ~ _ t w . ~ ~ ~ ~= ~- ,, wo..a a ., , 'i . _~;' ` ~ _ , ~~ .. ~ e. j ~ ~ , it I v :~ ' ~ ~~ ~~ TO +iJ1.D, A21 and singulac tie said praeiseF,° sogetner °i~ _~ appYrtesaeces, ,mto the 5eeond-Pasty acid to 1,ir heirs and !~ assigea forever. ~~ ~ . ; ~ Ilf YI'[N~S ~THSRLOF, 7:ze said first Rarey , ras * t,erevnto•sac ber ~ :+and aed seal ~ ` j A#Led: ~y='~-. ~Y of l~brooy. 1988. .w ~! l ~~ ~srwrF og loo, cou~rnr of t; ( An tAis if Cry .p, rettz~ar}* . ZS 8-, before me, a eetdr~ nut•:ic is and fox said Sfatr, pesoaal'_p sppeare4 .: ! • :~ krarn to as to"be t1e ersor. ~,~p ~TTeI ?.lam lcstrosertt, p ~1ee s subse-fbod to ene ei:•:i,~ 1j j and •eknovltCieec to me thae Aso ezeeutea cne ssee. i `" +I - / ..~..,,~ ' . ~ , ~OtIiR.~ a r: ~se sr..,.y `,, ~,t~ • . F`~sade i '+. ~, ...... .t ., : ~, ~ ` i TOTAL P . 03 a F- ~ « ,,. ~~: ~'==- ' RECORi3ED - REflU~S i Ufi= ~aCt CU(;N7Y RECDRBI:fi ~~'~3ti:L+af~c34 ::il s. DAViG t~tAYARRO ~,/ L 1zs~: o,a~~o %~"OF(rE.~~,D~~UTY 1~~0 Jet 15 pp~ ~T OF MERID ~ O O ~ 6 22 AMENDED ORDINANCE NO. 846 BY: COUNCIL MEMBER K~! ~h- /~-IYG~ AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF A.DA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED GENERAL RETAIL AND SERVICE COMMERCLAL DISTRICT (C-G); AND DECLARING THAT SAID LAND, BY PROPERLEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF `A,DA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TA.X COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN; COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to~the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: All of Lot 12 of the Amended Magic View Subdivision and adjoining public right-of- way located in the southeast quarter of the northeast quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the east quarter corner of said Section 17; thence N00°22'57.7" W, 104.66 feet along the easterly boundary of said Section 17 to the extension of the southerly boundary of Lot 12 of the Amended Magic View Subdivision, as shown on the official plat thereof on file in the office of the Ada~County Recorder, which is the REAL POINT OF BEGINNING: Thence S89°37'02.3" W, 709.05 feet along the extension of the southerly boundary of said Lot 12 and the southerly boundary of said Lot 12 which is also the centerline of Gentry Way to the southwest corner of said Lot 12; ENDED ANNEXATION AND ZONING ORDINANCE - 1 :. Thence N00°22'57.7" W, 309.06 feet along the westerly boundary of said Lot 12 which is also the centerline of Allen Street to the northwest corner of said Lot 12; Thence ~N89°37'02" E, 709.05 feet along the northerly boundary of said Lot 12 and the northerly boundary extended of said Lot 12 to the easterly boundary of said Section 17; ` Thence S00°22'57.7" E, 309.06 feet along the easterly boundary of said Section 17 to the REAL POINT OF BEGINNING. Comprising 5.031 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 District (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. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the 5~ day of b~~h~r , 1999. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. AMENDED ANNEXATION AND ZONING ORDINANCE - 2 -~ _ :~ ~,_ ~~~_. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ ~ day of /,~,~n,Q , 2000. f.C APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ -- day of Gvy~ J , 2000. ~ _ . ~ ,~ TFo .~ CITY CLERK ~~ ~L STATE OF IDAHO,) ~~; y ~~.~ ~~ County of Ada. ) `'~`~;~~'' ' ~,r~```*` 1ffF~gl.~d t~i~l~t On this~_day of ~~1~~ , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE .and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF; I have hereunto set my hand and affixed my official seal the day and y~P,arfl7~~bpve written. . ~E ____G~ •, . al; ~, (SEAL) ~~; ~ ~ ~ ;a; NOTARY U IC IDAHO :~ ?, :~,1~p%~0,•'~ MY COMMISSION EXPIRES:~~ msg/Z:\WorkWt\Meridian 1~'j~~~°~°~essiona! CtrWZ.ORD •ie ~w~~• AMENDED ANNEXATION AND ZONING ORDINANCE - 3 ~~~~ ;~~ ~ECGRtiED - r~~QG~S i G'= ~C ,a. `iz~Vi~ Pl;~:-r1RR0 FEE OtPU i ~~ ~~ _ 311 ::? ~qF '~?~°`~ ~~ i 0~ 0 0 3 17 21; z ~~ (~ ' ORDINANCE I~IO. ~6 ~ O P F~L~ AN ORDINAi~1CE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LI~NYITS OF THE CITYOF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER-HAS MADE A REQU~NEXOED O THE CITY O WRITING TO THE COUNCIL; AND THAT SAID LAND B MERIDIAN AND ZONING DESIGEC~ING THAT~SAI LAND, B ROPER LEGAL COMMERCIAL DISTRICT (C-G); AND D DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY ROEFS(MERIDOIAN; COUNTY OF ADA, STATE OF IDAHO; REPEAT-ING ALL ORDINANCES, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIA.LI OF MERIDIAN TO F OE MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF TH A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent"to :.the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: All of Lot 12 of the Amended Magic View. Subdivision and adjoining publicright-of- way located in the southeast quarter of the` northeast quarter of Section 17, Township 3 tNorth, Range 1 East, Boise .Meridian, Ada County, Idaho, being more particularly described as follows: ;; ~; Commencing at the east quarter corner of said Section 17; thence N00°22'57.7" , - .,104.66 feet along the easterly boundary of said Section 17 to the extension of the southerly boundary of Lot 12 of the Amended Magic View Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder, which is the REAL POINT OF BEGINNING: Thence S89°37'02.3" W, 709.05 feet along the extension of the southerly boundary of said Lot 12 and the southerly boundary of said Lot 12 which is also the centerline of Gentry Way to the southwest corner of said Lot 12; Thence N00°22'57.7" W, 309.06 feet along the westerly boundary of said~Lot 12 which~is also the centerline of Allen Street to the northwest corner of said Lot 12; •ANNEXATION AND ZONING.ORDINANCE - 1 1 ~. ______ , ____ ~~_ ~. ,~ Thence S89°37'02." E, 709.05 feet along the northerly boundary of said Lot 12 and the::northerly boundary extended of said Lot 12 to the easterly boundary of.-said Section 17; T-hence S00°22'57.7" E, 309.06 feet along the easterly boundary of said Section 17 to the REAL POINT OF BEGINNING. ` Comprising 5.031 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 shalLbe zoned General Retail and#Service Commercial District (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 F v the City of FMeridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and `the owner of the land- described- in Section 1 dated the -~~ day of ~G7~II ~ .1999. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are t hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian _shall, within ten (10) days following the effective date of this,ordinance, duly file a certified°copy of this ordinance and~a map prepared in ANNEXATION AND =ZONING-ORDINANCE - 2 ,~. a draftsman manner plainly and clearly designating the boundaries of the City of'Meridian, including the lands herein annexed; with the following officials of the County of Ada, 'State of a ,, u ~ Idaho, to-wit: the Recorder,, Auditor, Treasurer and Assessor .arid shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this -~~ day of -~G ~ic~ , 1999. APPROVED BY THE MAYOR OF TH TY OF MERIDIAN, IDAHO, this -~.~h day of c~G~~'~ , 1999. _ ATTE T: ~' ITY CLERK ' STATE OF IDAHO,) SS. ~Y R ~,`,t,~,~~,~,e~~rrtrrrrli~fr j r~ ~` ~~L" •(sO d ~ ,lC "r ~ ~ 1~ w Ri~~ ~. ~~~ t= ' Q~' ,~: JJ41Jr~ti7i i'iil~tij, ~. On this~_day of ~~ , 1999; before me, the undersigned; a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerlc of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and `affixed my official seal the day ~_first above written. County of Ada:.. ) r`~ ~ ~~~ ~' ' ~ ~ ~ ' ~ fir, y , (S~s~~`r ,~pTA~~,~ * .~... pUBLtG ~! ~lT,....•.c~P .,. r~ ~ ~ .. NOTARY PUBLIC FOR ID ~j RESIDING A ~ ~ ~ p~S~~~~-o MY COMMISSI N EXPIRES:_ //- per. a f~- Rd Professional Ctr~AZ.ORD ANNEXATION AND ZONING ORDINANCE - 3 I ,Y~. 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 l - }F I, WILLIAM G. BERG, JR., City Clerlc, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance ~No. ., passed by the City Council of the City of Meridian, on the ': ~~' 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 Clerlc of the City of Meridian. `~`,,~,t~~ititlt€f3illf/rt{,f','~j v C~ p4-~~q T f ~ ,. ,L _ ~~~~' ~. WILLIAM G. BERG, JR. p ~ w rf, ~~ 7 j rJ~ A~`tir~ ... STATE OF IDA~Q ~'~{~*;t . ~`•``'~ a ~ ' 33rrrrrrrtai ttt-~S`,,y County of Ada, ) On this ~ :day of ~ in the year 1999, before me, /1/!~" ~/ ()(/~~i~ ~ , a Notary Public, appeared `WILLIAM G. BERG, JR., known or identified to me to be the City Clerlc of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ','.~~P f. ~V~Rt.,. •. / mil/ (S ~ ~ ~~~ AR Y Z * Notary Public for Idaho a~ ~' • 1G ~ ~ Commission Expires: //-~~-~~ ~ * .~v~aL r o .- msg\Z:\ ~e:Qi~a ~60M\Eagle Rd Professional Ctr\CertificationOfClerkOrd a~asa~ CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN t Z --i :tl ~ ` D H ~ ... D ~_ N00'22'S7'V 309.06' m H ~O m t0 V ~ V ~ V ~ f~f 04 pv N N N N ~ m S00.22'S7.7'E 309.06' I EAGLE RD , EAGLE RD I mb r Z Z ~ O ~~ i ~7 W .. d Z r-i Z Z Z7 71 ~-' i z fTl (~ ~ (~ ITl ~ n ~; " Q~ ~--' J .~' r . q- /I MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21.1999 APPLICANT: FERMOR LLC AGENDA ITEM NUMBER: 4 REQUEST• ANNEXATION $ ZONING ORDINANCE FOR EAGLE ROAD PROFESSIONAL CENTER 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: I ~~ 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 COMMENTS _- ~~ ~ LlG ~9 ~®-5 r~ doff. ~~` ti'~W~~i BUREAU OF RECLAMATION: OTHER: Ali Materials presented at public meetings shall become property of the City of Meridian. -.~: WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. F. t~iIGRAY, lil D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S• NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC $. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TEARENCE R. WHITE 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (20$) 288-2501 Email via Internet C wtgCwppmg.com September 17, 1999 Andrew W. Simonds, Vice President of Real Estate & Development FERMOR, L.L.C P.O. Box 15407 Boise, Idaho 83715 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, LDAHO 83653.0247 TEL (208) 466.9212 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE RE: DEVELOPMENT AGREEMENT MERIDIAN # AZ-99-008 Dear Mr. Simonds: In response to your fax of September 16, 1999, please be advised of the following: Request No. 1: With the evidence produced, James A. Post could be shown on the Agreement as the developer, as a single person dealing with his sole and separate property. Request No. 2 Because the owner of the property must sign the Agreement under our format, and as provided in Idaho Code Section 67-b511A, if Mr. Post did not sign the Agreement it would not be of benefit to record the same and proceed with the annexation and Zoning. If he chooses to proceed in this direction, I recommend this whole matter be tabled until the Development Agreement is signed by the owner of the real property. Remember, the City will not pass the annexation and zoning designation ordinance until the Development Agreement is signed. , Andrew W. Simonds, Vice President of Real Estate & Development September 16, 1999 Page 2 Request No. 3 is no problem. Request No. 4 and 5, I will have to review with the PSG Z staff, which cannot be accomplished by Friday. I suggest that Mr. Post consider his position on this matter because that will hold this up for some time. I await your response. Very truly yours, ~`. Wm. F. Gigra ,III cc: Steve Siddowav William G. Berg, Jr. Z:\Work\M\Meridian 15360M\Eagle Rd Professional Ctr\Simonds091799.Ltr r ,, 1 interoffice MEMORANDUM To: William G. Berg, Jr. cc: Mayor Robert D. Corrie and Council ' From: Wm. F. Gigray, III G~~ C~'"- Subject: ~ CASE NO. AZ-99-008 FERMOR, L.L.C. (EAGLE RD PROFESSIONAL CENTER) Date: September 16, 1999 Will: Please note that the above matter should be tabled by the City Council due to the issues that have been raised by the owner and developer, regarding the Development Agreement. I enclose, for your review, the letter faxed September 16`'' from Mr. Simonds, and my response which sets our the issues. If you have questions please advise. Z:\Work\M\Meridian 15360M\Eagle Rd Professional Ctr\CityCIk091799.Mem .~., ~ermor L.L.C. P.O. Boz 15407 • Boise, JCdsho 83715 • Phone 208.345.7030 • Fax 208.345.7210 September 16, 1999 Mr. Bi11 Gigray ViA FAGSiMIL~ City Attorney 288-2501 City of Meridian 200 E. Carlton Avenue, Ste. 331 Meridian, ID 83642 Re: Development A~eement, Lot 12 of Amended Magic View Subdivision - AZ-22- 006/CUP-99-026 Dear Mr. Gigray: .Pursuant to our discussion Tuesday, this letter will document our proposed changes to the above referenced Development Agreement. 1 • The Owner/Seller is James A. Post, and the property has been quitclaimed by his ex- ~ wife -Rosetta Pose. 2- kennor, LLC is the Applicant for the cntidemenis and the Developer for the property. Fermor will not close escrow on the property until all-entitlements are complete, including building permits. The Owner/Seller does not wish to sign the agreement since it won't affect him. Accordingly, the Development Agreement should be effective upon the sale of the propcrty, with Fermor, LLC as Developer instead of James A. Post. If escrow fails to close, the agreement would be null and void. Pursuant to our Purchase Contract, the sale must close in December, 1999 or the deal terminates, so this could be incorporated into the Development Agreement i as a drop dead date. -~_ 3. Item 6.1.25 should be changed to read "Gentry Way, South of tllc rr~rerty..." 4. Item 7, Compliance Period, should be revised because it could take several years to fully develop the property. We intend to start construction of the first building as soon as practical, but it is conceivable that we would not complete the second j building for a few years, when market forces dictate its construction. Accordingly, this section should provide that.ve are not in default as long as we complete the shell and core of Building 1 within the 2 year period. • Item 15 of the Development Agreement needs to be revised to allow for lease up - - it is typical to receive a Certificate of Occupancy for the building shell and core, then each tenant space would get its own Cemf cafe of Occupancy as the work is f completed The language as it no~v reads wvuId not allow the process, even though i it is typical. In. addition, we agreed at our Panning and Zoning Hearing to phase the project, with Building b 1, perimeter landscape and offsite improvements constructed first. Then, as market conditions dictate, we would construct Building 2. .w:. .rcr-~o-t=== 'o"'- rr.vii r"l. ~."r.rur.r~i ~t/i~ .v ~cOi..iJl ~".~Jc t Mr. Bill Gigray .September Ib, I999 Page 2 I • ~ -Please make these changes as soon as practical. Per the City CIerk,'it is imperative that we ~ sign-the Development Agreement by Friday, September 17; or else our item will be tabled at the City Council Hearing until October 5, 1999. Thank you, and please call me if you have any questions. Very Truly Yours, -Andrew. W. Simonds Vice President of Rcal Estate & Development AWS/Imz Cc: Steve Siddoway, Meridian Planning & Zoning ' Fax: 887-129? i i I i ' I I. • I I .$ W3 'vv~J•Jl cJ,.i -23-99 f19:2dA meridian re31 Qstatebl a 208.:888 2775 t x_02 { I I . i i I ;! ~I i 1 ~~ $Ul7CL4lM DEfD Pos vale. aeeaivad ~S1- s#[!, of P,O. 8oc 1.~1 ate, °Sacic7a. 36567. Aareinaft.t esl3ed tfK ~~= Parei ~ ~ ~ ay c~+ese presest:s =t.ise. sslssse aad Fosev~ QUI2GUL1, baro J18S5 lL Rel. a! t_0. BoR 698, rsidd7etm. 7/Jae1~, 5~~, hsreinafear cn2lsd the .xcood pazt7 ,tad to ~iis neira aaQ assigr-s, aii cisl~ wticn fuse pirey suv bas a; asap hezesf:rr tepuirs, in ehe following daaer3bed real property, aitueted is slice of Ida3so, to-.i=: ~ tougty. ALl o! Lot 12 04 f''pIZTC Yl$i ~y:~p,~, ~~ to t2~eaaiff+~•~ -~1+t tbacepf. hind in Hcdc 28 Cf Pltita at Derx 1756. OlSSCial Ae- casxls. Aaae d ~ IOY4. ~ L1E / f„ if ~' ~r TO HAi7E AND TO iiJ2.D, R21 and singular tae said preXise£, Lo etnlz v1~ _~` aPP~tanaoees , unto the seeeed art 8 aaaig~s ft-raver. P y sad to T.ir netrs and I]i YIIN~a"'S YHSRY.OF, T:ie said lirsr parry ras AerlVfkto sac her oared and seal L1#Led: 2Ait.^~ ~ lit F4sasron-y. 1988. r FIARC[s7- STAVE OF 3~Q9Q, Co~Iy OF ~in and for said 3sate, personalryere~15 ~~ Deivrc me, a netsry nut..:~ { keaun to ss to be s1e `~~'~' s~ persar. ~aosz ea+e!s subscsfbod ca taK vit•~i,~ irstrnsettt, and acfrnavZaG~eec zo me that seta ezecucea tree save. - / .~~~ ~ Y ~ ~•~'~.', ':csir• •?iL : e AOCRit~a-:t_ er F7 .. ~ •.. • ;_ TOTAL P.03 ~da l,ount J~tichcvu a[.Ji6tNict Sherry R. Huber, President 318 East 37th Street Judy Peavey-Derr, Vice President Garden City, -daho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner a-mail: tellus a(~.achd.ada.id.us September 9, 1999 R,~CE~D S EP 1 3 1999 TO: Andrew W. Simonds Fermor, LLC . 2700 Airport Way Boise, ID 83705 FROM: Steve Arnold, Principal Development Analyst Ada County Highway District SUBJECT: MAZ99-008/MCU99-0026 - I-84 & Eagle Road Medical Office Building CITY OF MERIDIAN /~' Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on July 28, 1999. The attached staff report lists conditions of approval and street improvement s which are required. If you have any questions, please feel free to call me at 387-6170. cc: Plan&Dev Svsc-Chron/File John Edney Chuck Rinaldi B & A Engineers, Inc Mr. James A. Post ity~of Meridian ,: ,~ ADA COUNTY HIGHWAY DISTRICT Planning and Development Division. Development Application Report MAZ-99-008/MCUP99-0026 I-84 & Eagle Road Medical office building The applicant is requesting conditional use.approval fora 32,000-square foot office building. The applicant is also requesting annexation from Ada County to the City of Meridian and a rezone from RT to CG for the proposed Eagle Road Professional Center. The 3.77-acre site is located at the northwest corner of Eagle Road and I-B-I, on the north side on Gentry Way and the east side of Allen Street. This development is estimated to generate approximately 1,120. additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Gentry Way Allen Street Eagle Road ACHD Commission`Date -July 28, 1999 - 7:00 p.m. W H Z W U J a za oQ ~~ ~~ oz ~- a. ~? o~ a NO I.f. W 'J V Q W w 0 0 N r O O O O tD O O M O ,i S U ~' '~,, no~o ~~ 0 r t r ~ o ea C .o C W '° 0 'r ,a m n df `w o m ~- - ~ ` . - T ~ ~ •' . 0 J a ~` W ay e S: =0 91"7a$ E~ \ ~ o.,F _lifv ~~a. of W ~~ ~; s~ x '~ W °" - avoa 3i 3 r _ _ _ .. . . _w'ric I-r.t~ a _ • r u1i Vyfciac -- ~ _ _ 1 ~y L rll•L 1Mi• 0 ~ .yr •f L'rla or111iii{qr~ 1:~I•aaF.r r.•sa r.t't[.ii.CO. ( _ - i ° f• s ~ of afu•i •na ~ Y~° ::..~ r .1'rr .tr .r f•L L ~~~.111 r !ri 7l ~ in=F r ,•; Z .If'alf L•a ' ~ . V ° ~O a ~I •_ _ O `1!-~~ ° ~.1~a ~ Lam: ~~ m I I" ~ '- ~ 4 \ : ~ '° a ; °: N _ 1 ~fCK[ fraH I!_ Iaffi u ti . •li i ~.~ o:" . -+ ~y ~ (~ wL ?/ °v 6 of ~O~i _ °l~ ~. 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Q .J.1 i,rr ,bi ,ia^ = J ti ,nwa-r.rw{,f•ar ~ •a o'nf N 1J. O ~' W - O ~;O . •• /~\ fi m'faa•r)sltf.a rL > IWO O (~y,/J ,arfia-• o°,ao .or 3 ',~ ~ U W ~ ~ I• y . r>.,urr.-.acff a;~~,a..r^ ' ~ ,rl1L-r•IG,tf la J O i' •~ i••O/ 'raf ,f t'f ri .r a'tfr - rr iaa ~ ,r1 •rlr _ ~T ,70'f0i1 - • X9'10 ,11 .0 S aNV~w>av~ ~~ ..:ens S1H9t3H M31n lsnaoi ~ u r- t 6 ~ _ C •~ ~ 5 .. - ~ ~_ - __ _ ___ _ ~ DMII~YI M~ 4Li6}I /~{Tf ~ lblf{q) OVOti 31JV3 r----------•--------°-~-----•---•--•-----------•----•-----•----.. ~ I~ ~ ~ l x~ I # ~ ~ f ~ Facts and Findings: A. General Information Owner -James A. Post Applicaht - Fermor LLC RT -Existing zoning CG -Requested zoning 3.77 -Acres 283 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Gentrv WaX Local commercial street with no pathway designation No traffic count available 800-feet of frontage 50-feet existing right-of--way (25-feet from centerline) No additional right-of--way required Gentry Way is unimproved right-of--way. Allen Street Local commercial street with no pathway designation No traffic count available 300-feet of frontage 50-feet existing right-of--way (25-feet from centerline) 58-feet required right-of--way (29-feet from centerline) Allen Street is improved with 23-feet of pavement with no curb, gutter or sidewalk. Eagle Road Principal arterial Traffic count 31,975 on 11-6-96 0-feet of frontage Eagle Road is improved with 5 traffic lanes with no curb, gutter or sidewalk. B. On January 27, 1999 the Commission reviewed and approved MCU14-981MA-03-98, an application requesting conditional use approval to construct a 60-unit motel. The 1.66-acre site is located south of the subject application at the northwest comer of Eagle Road and I-84, on the south side on Gentry Way and the east side of Allen Street. MCUP9926.GiVIM P'ase 2 C. Magic View Subdivision, of which this site is a part, is partially developed as a 5-acre single family subdivision. Meridian's Comprehensive Plan designates a large area within Magic View Subdivision, which includes this site, for commercial-and mixed planned use land uses. This designation will allow a range of land uses that ~~-ill generate traffic at a much higher rate than the existing development. y D. The Destination 2015 Regional Transportation Plan identified Eagle Road as a limited access facility. Under this designation, access to Eagle Road would be regulated by a limited number of traffic signals (with adequate spacing between successive signals), turn channelization and restrictions at unsignalized intersections and raised medians between channelized turns. Grade- separated interchanges should be anticipated at arterial/arterial intersections. E. On December 30, 1998, the ACHD Commission acted on MCU-43-97 and as part of that action, found that an extraordinary impact existed because of the potential of large volumes of trips that would be generated by the redevelopment of Magic View Subdivision and required the construction and dedication of a new road into the Magic View Subdivision from Eagle Road opposite the driveway/private street into St. Luke's medical center. During consideration of MCU-43-97, the Commission reviewed several options for assuring adequate and safe access from Eagle Road into this rapidly redeveloping area. The selected option included the constniction of the new road across the property that was the subject of MCU-43-97 by that developer, with the eventual extension of that road to the intersection of Magic View Drive and Allen Drive. The cost of construction and right-of--way was to be shared among all the redeveloping properties in Magic View Subdivision. The Ada County Highway District finds that the anticipated fiscal impacts of the anticipated developments in Magic View Subdivision are of such a magnitude that ACHD is unable to accommodate the development(s) without excessive and unscheduled public expenditures which exceed the amount of the anticipated impact fees from such anticipated developments. The above mentioned street will ultimately be constructed as a 52-foot (4-lane) street section, at its connection with Eagle Road, tapering to a standard 41-foot commercial street section 500- feet west of Eagle Road. The cost of the roadway is approximately $650,000.00. In its review of MCU-43-97, the Commission adopted an extraordinary fee based on trip generation rates. The Commission determined that the Extraordinary Impact Fee would be $43.19 per trip. This parcel includes 3.77-acres, resulting in a trip generation rate of approximately 1,120-trips per day. The: share of the cost of the new roadway equaled $43.19 per trip. Therefore, this property should pay an overlay fee to the'District in the amount of approximately $48,373. Staff recommends that the Commission require the payment of that amount into a fund for the reimbursement of cost to construct and dedicate right-of--way for a new road from the intersection of Eagle Road and St. Luke's driveway to the intersection of Magic View Drive and Allen Drive as the proportionate share of this property on a per trip basis. F. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Constniction`Services at 387-6280 (with file numbers) for details. `~ MCUP9926.CMNi Page 3 G. Gentry Way is an unimproved right-of--way abutting the site's southern boundary. District policy normally requires the applicant to constrict curb, gutter and 5-foot wide concrete sidewalk and pavement widening to one half of a 41-foot street section plus 12-feet of additional pavement abutting the parcel. Staff believes that a 41-foot street is more than is needed for this situation and supports a 37-foot street section. The narrower street section will also allow large building foot prints and less overall roadway. Gentry Way will never extend to EagleRoad and there is a high probability that the roadway will be vacated. H. District policy requires the applicant to construct curb, gutter and 5-foot wide concrete sidewalk and pavement widening to one half of a 4l-foot street section on Allen Street abutting the parcel. I. Driveways on Gentry Way and Allen Street should be located a minimum of 50-feet from public street intersections. Driveways should be constructed as 24 to 30-foot wide curb cut driveways and paved their full required width of 24 to 30-feet and at least 30-feet beyond th'e edge of pavement of Gentry Way and Allen Street. State Highway 55 (Eagle Road) is under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. The applicant may contact District III Traffic Engineer Walter Burnside at 334-8340. K. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. L. There are currently approximately 31,975 vehicle trips per day an Eagle Road, and traffic on Eagle Road is anticipated to increase significantly over the next few. years. This development and the potential for redevelopment in the area will exacerbate the existing traffic problems on Eagle Road. The new traffic from this development and other approved developments,in the vicinity will add 11,510 vehicle trips per day, bringing the total to approximately 43,485 vehicle trips per day, which will exceed the planning threshold Level of Service (LOS) E volume of a typical five-lane roadway. According to the July 31, 1997 "Ada County Roadway Capacity Guidelines for Planning Applications", 40,000 AADT is the middle of the range of LOS E for a typical five-lane roadway (Urban/Suburban Arterial -Non-Business District), with 42,500 being the upper limit of that range. This section of Eagle Road between I-84 and Franklin Road is not a typical five-lane roadway. It has a degree of access control and glow-to- moderate volume of turning conflicts between signalized intersections. This section of roadway should have the capacity to accommodate all of the traffic from the currently proposed developments. The planning threshold has not been determined for this type of roadway. Staff recommends that the APA Transportation Model Advisory Committee (TMAC) be requested to evaluate Eagle Road from I-84 to S.H. 44 and establish planning thresholds for it. M. The Eagle Road Corridor Sti~dv states that access control on Eagle Road can increase the capacity of the roadway by as much as fifty-percent which is `the same increase in capacity that can be experienced by the construction of two additional lanes. Access control will increase the MCUP9926.CMM Page ~ planning threshold (LOS E) to higher levels, perhaps as much as X5,000 ADT. The construction of frontage roads, grade-separated interchanges and the elimination of signalized intersections recommended by the Study will further increase the LOS E planning threshold to 80,000 ADT because of the total elimination of side-friction from intersections. The study suggests the following methods of access control: Marginal Access Control Concepts: a. driveway spacing between successive driveways b. driveway spacing from an intersection c. driveway design 2. Medial Access Control Concepts: a. median type b. median width c. the geometries of median openings, and d. spacing of median openings 3. Major intersection Control Concepts a. at-grade intersection modifications b. grade-separated intersections 4. Frontage Roads: frontage roads were proposed as an option to provide frill access to abutting parcels along Eagle Road when access restrictions were imposed. The access control measures were to be implemented in phases as adequate Levels of Service on Eagle Road were exceeded. The study recommended five different phases of access control beginning with the existing access conditions to a future restricted-access expressway with grade-separated intersections. The first level of access control would allow fi-11 access driveways at 660-foot intervals; the second level of access control would eliminate the left turns at those driveways through the installation of raised medians. The first level of access control on Eagle Road between I-84 and Franklin Road has been implemented. Traffic is no~v anticipated to exceed LOS E for typical five-lane roadways under the level one access control. Right-of--way preservation for frontage roads and roadway improvements should be implemented to allow Eagle Road to maintain its function and to carry the exceptional volume of traffic that is expected. In order to accommodate the 'traffic generated from this site and future development along Eagle Road, staff recommends that a median be constructed in Eagle Road from the Eagle Road/I-84 interchange to Franklin Road as the second level of access control. The median should be constructed to eliminate left turns at the eighth-mile driveways and street approaches. In future phases of corridor protection, a frontage road on both the east and west side of Eagle Road should be constricted from Franklin Road south to the signalized intersection at St. Luke's driveway to provide those parcels affected by the median access to frill access intersections to Eagle Road. In even later stages of protection, the urban interchange at the intersection of Eagle Road and Franklin Road should be constrticted. MCUP9926.CMM Page ~ Special Recommendation to ITD: The applicant is not proposing direct lot access to Eagle Road, and none should be approved. The site has adequate access to the public streets via Gentry Way and Allen Street. 2_. This development and the potential for redevelopment in the area, will exacerbate the existing traffic problems on Eagle Road. The District recommends that a median be constructed in Eagle Road from the Eagle Road1I-84 interchange to Franklin Road as suggested in the second level of access control recommended in the Eagle Road Access Control Study. The median should be constricted to eliminate left turns at driveway and street approaches at every location except the St. Luke's signalized driveway. In later stages of protection, frontage road on both the east and west side of Eagle Road should be constructed from Franklin Road south to the signalized intersection at St. Luke's driveway to provide access to fi-11 access intersections for the parcels affected by the median. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate 29-feet ofright-of--way from the centerline of Allen Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will nQt be compensated for this additional right-of--way. 2. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Gentry Way abutting the parcel. Improvements shall be constructed to complete a 37-foot street section. 3. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Allen Street abutting the parcel. Construct the roadway to one half of a 41=foot street section. 4. Locate driveways on Gentry Way and Allen Street a minimum of 50-feet from a public street intersection. Construct the driveways as 24 to 30-foot wide curb cut driveways and paved back at least 30-feet beyond the edge of pavement of Gentry Way and Allen Street. Enter into an agreement with the District to pay the proportionate share of the cost of constructing a new road from Eagle Road west and south to connect with Magic View Drive at its intersection with Allen Street as an extraordinary impact fee. The proportionate share has been determined to be approximately $48,373. 6.'' State Highway 55 (Eagle Road) is under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said requirements prior to District approval of the -final plat or issuance of a building permit (or other required permits), whichever occurs first. The applicant may contact District I[I Traffic Engineer Walter Burnside at 334-8340. MCUP9926.CUtM Page 6 7. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on fiittire development of this parcel. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The re nest shall specifically identify each requirement to be reconsidered and incl~ide a written explanation of why such a requirement would result in a substantial hard hi or in q~,~ The written r~uest shall be submitted to the District no later than 9.00 a m on the day. scheduled for ACHD Commis ion action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACRD Commission action, any request for reconsideration ofthe Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically id n ify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. After ACRD Commission action, any request for rehearing of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for rehearing shall s}~ecifical y id n if~r each requirement to be reheard and include written documentation of data that-was not available to the Commission at the time of its original decision.. The applicant will be notified of the date and time of the Commission meeting at which the rehearing will be heard. 4. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 5. -All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building perniit (or other required permits), which incorporates any required design changes. MCUP9926.CMM Page 7 7. ~Constniction, use and property development shall be'in conformance with all applicable, requirements of the Ada County Highway District prior to District approval for occupancy. . i { . ~° Y 1'{ 8.k ~ No change in the terms and conditions of this approval shall be valid unless they are~in writing and signed by the applicant or the applicant's authorized, representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to , obtain written confirmation of any change from the Ada County Highway District. ;~ 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require-the applicant to.comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at,the time the applicant- or its successors in, interest advises the Highway District of its intent to change the,planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. , ~ t , „~ ~ ~_ ~ , ~~ - ~ Conclusion of Law: ~ ' ° `°' 'fi ~ ~` `~ 1. ACRD requirements are intended to assure that the proposed use%develoopment-will noteplace an undue`burden onahe existing vehicular and pedestrian transportation sy"stem within he`.:`vicinity impacted by the proposed development. r.. -.,~ Should you have any-questions or comments, please contact the Planniiig;and Development Division at 387-6170. Su bmitted b Pl annin ment Staff and Develo ~. g p Date of Commission Action: ~ P July~28,1999 ~ ' ~-' ~~ ' 4 r i ~.y l 4. •~,. ~ ..r ... S a • a.. . a R - Y ~ ° k }. 4 M f iy :- of ~ Y b 1 ~. i •. ¢ / y 1~iCUP9926.CMNI Pale 3 L HUB OF TREASURE VALLEY Mayor ROBERT D CORRIE A Good Place to Live LEGAL DEPARTMENT . ('_08)881-1161 Council Mem t CITY OF MERIDIAN er PUBLIC wORKs CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY iVtERIDIAN, IDAHO 83642 (1081 ~~~-?~ I 1 RON ANDERSON R ~t~~2p8,~r888--133 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD i t i _`+ ~ ~ i J (108) 881-5533 , ~ :_ ~~~ AC'r'D ~~°v';I~. TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure-that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 3 1999 TRANSMITTAL DATE: July 7 1999 HEARING DATE:_August 10, 1999_ FILE NUMBER: CUP-99-026 REQUEST: CONDITIONAL USE PERMIT FOR TWO 2-STORY OFFICE BUILDINGS BEAGLE ROAD PROFESSIONAL CENTER) BY: ANDREW SIMONDS-FERMOR LLC LOCATION OF PROPERTY OR PROJECT: GENTRY WAY AND ALLEN STREET TAMMY DE WEERD, P/Z MALCOLM MACCOY, P!Z THOMAS BARBEIRO, P2 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) YOUR CONCISE REMARKS: ~~ l y. w Meridian City Council September 7, 1999 Page 13 Corrie: Staff any comments on this item number 13? Bill, do we have to wait on this one as well since this is an annexation? Gigray: You're talking about item number 13? Excuse me, I'm still on 12. I believe Clerk you have the ordinance on item 12; do you not? Because my - I assume that will be scheduled for the next Council meeting. Berg: Excuse me Mr. Mayor. Does Mr. Gigray have his memo that he addressed to me with your packet that told me to hold the ordinance until the next convenient meeting. Gigray: Right. I just wanted to make sure you had that. Berg: I do have it so we'll put it on the agenda for the next meeting, and does that mean also that we need to wait for the conditional use for the next meeting after that? Gigray: Yes, if it's for the same parcel, yes. Corrie: It would be the 5th of October then for this one. Bentley: Mr. Mayor I move we table the conditional use permit for Jackson's Food Store until October 5, 1999. Rountree: Second. Corrie: Motion is made and second to table item number 13 until October 5th, 1999. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 14. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 3.77 ACRES (FO~t CG ZONING) OF LAND FOR PROPOSED EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC-NORTH OF I-84 & WEST OF EAGLE ROAD, EAST OF ALLEN STREET: Corrie: Staff any comments on this one at this time? Smith: Mr. Mayor and Council, it wasn't specifically referenced in the comments from my department, but there is an issue with the sewer and the water that's been constructed in Allen Street and it has to do with payment of contractor that did the work. It's being resolved by the owner of the Holiday Inn Express development. However I just want everyone to know that does exist and until that is taken care of, cleared up -. ~.: ,,; ~- Meridian City Council September 7, 1999 Page 14 and the sewer and the water lines are finaled and accepted by the City of Meridian, service would not be available. (End of Tape) Bird: Mr. Mayor, I guess we're not going to have any more discussion so I move ±hat we pass the Findings of Fact and Conclusions of Law and Decision and Order request of~arinexation and zoning of approximately 3.77 acres for C-G zoning of land fir proposed Eagle Road Professional Center by Fermor, LLC, north of 1-84 and west of Eagle Road, east of Allen Street with the understanding that they will not have water and sewer until the dispute is resolved. Rountree: Second. Corrie: Motion and second to approve the Findings of Fact and Conclusions of Law on item number 14 with the conclusions of the statement. Are there any further discussion? None? ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 15. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOFZ CONDITIONAL USE PERMIT FOR ADRIVE-THRU FOR MOXIE JAVA BY AVII L.L.C.-1800 N LOCUST GROVE RD: Corrie: Staff any comments on.this one? Any discussion of Council? I'll enyertain a motion on the Findings of Fact and Conclusions of Law. Rountree: Mr. Mayor, I move that we approve the'Findings of Fact and Conclusions of Law and Decision and Order for the requested conditional use permit for Moxie Java. Anderson: Second. Corrie: Motion is made andsecond that we approve the Findings of Fact and Conclusions of Law request for conditional use permit drive through for Moxie Java and the application is denied. Any further discussion? ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 16. :,FINDINGS OF FACT AND CONCLUSIONS OF LAW: .REQUEST FUR CONDITIONAL USE PERMIT INCLUDES SIGNAGE FOR CHEVRON C-STORE ... ~ t ** TX CONFIRMATION REPORT ** AS OF OCT 05 '99 103? PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDtI STATUS 05 10/05 10 36 PUBLIC WORKS OF--S 00.'49" 003 056 OK ~'lc ~.~ ~0-~- ~9 CZT'Y OF MERIDIAN ,.~~- ~ 6 ORDINANCE NO. AN ORDINANCE FINDING TI~IAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS 01= THE CITY OF MERIDIAN, COUNTY OF ADA. STATE OF IDAHO; AND FINDING THAT THE OWNER FIRS MADE A REQUEST rOR ANNEXATION IN WRITING TO TI IE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN ANI~ ZONING DESIGNATED GENEhAL RETAIL AND SERVICE COMMLRCir1.L DISTRICT (C-G); AND DECLARING THAT SAID LAND,I3Y PROPER LEC:AL DESCRIPTION AS DESCRII3ED PiELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALINCi ALL ORllINANCES, RESOLUTIONS, ORDERS OR TARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENC'=INFER "1.O ADD SAID PROPERTY TO THE OlI'ICL4L NL4PS OF TYIE CITY OF MLRIDII~,N, IDAHO; AND DIRECTING TFIE CLERK OF THE CITY Oz` MERIDIAN TO FILE A C'.ERTIFiED COPY Ol~ TI-IE ORDINANCE AND MAl' OF THE AREAS TO 13E ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND 'I'FIE STA-fE 1'.l1X COM,ivIISSION OF THE. STATE OF IDA,FIO, PURSUANT TO IDAHO CODE SECTION 50-22:3 AND SECTION G3-22 ] S. liE 1T ORDAINED BY THE MAYOR AND THE COUNCIL OF TI IE CITY OF MERIDIAN, COUNTY OF ADA, S TATE OF IDAHO: SECTION 1. FINll1NGS: That the fallowing described land is contiguous and adjacent to dle Ciry of Meridian, Idaho, and that the City of Meridi<'in has received a written request for annexation to the City of Meridian, lclaho, by the owner ~f said 1'ropexty to-wit: All of Lot 12 of the Annended Magic View Subdivision and adjoining publicright-of- way located in the southeast quarter of the northeast quarter of Section I7, Township 3 North, Ranbe 1 Fast, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the east quarter corner of said Section ] 7; thence N00°22'57.7" W, 104:66 feet. along the easterly boundary of said Section 17 to the extension of the southerly boundary of Lot 12 of the Amended Magic View Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder, which is tl,e REAL POINT OI' >3EGTNNING: Thence S89°37'02.3" W, 709.05 feet along the extension of the southerly boundary of said Lot I Z and the southerly boundary of said Lot 12 which is also the centerline of Gentry Way to the southwest comer of said Lot 12; Thence N00°22'57.7" W, 309.06 feet along the westerly boundary of said Lot 12 which is also the centerline of Allen Street to the northwest earner of said. Lot 12; ANNEXATION AND ZONING, ORDINANCE - 1 E ~5 October 1, 1999 MERIDIAN CITY COUNCIL MEETING: OCTOBER 5 1999 APPLICANT: FERMOR LLC ITEM #: 6 .REQUEST: ANNEXATION AND ZONING OF APPROX 3 77 ACRES (FOR CG ZONINE) OF LAND FOR PROPOSED EAGLE ROAD PROFESSIONAL CENTER AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: AWAITING PROOF OF OWNERSHIP -CITY POLICE DEPT: ~ ~ ~ `°- ~-•-- CITY FIRE DEPT: ~ ~ ~~'~`~ ~ ~ CITY BUILDING DEPT: ~ CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: ~~ ~~ CENTRAL DISTRICT HEALTH: ~ ~~ 1~ NAMPA MERIDIAN IRRIGATION: (~ ~ V . 1 SETTLERS IRRIGATION: IDAHO POWER: US WEST; w :BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: s OTHER: Alt Materials presented at public meetings shall become property of the City of Meridian. ~~` i~~~~~~~ S E ~ 3 fl 1999 interoffice c1~o~~~~~~~L~ M E M O R A N D U M To: William G. Berg, Jr. cc: Mayor Robert D. Corrie and Council From: Marlene St. ~e Subject: Creekside Abour Phase II: RZ-99-005 and cup-99-008 Eagle Road Professional-Center Development Agreement: AZ-99-008 Date: September 30, 1999 Will: Pursuant to the above file numbers, please take note that our office has been in contact with Fred Shoemaker to obtain the legal information for Creekside Arbour Phase II. All the necessary documents have been prepared but we are awaiting approval of the legal description from Public Works, and additionally a couple of issues to confirm for insertion into the Findings and eyiZ: I WorkIMlMeridian 15360MI Creekside Arborl Clerk093099.Memthe Development Agreement. Pertaining to the-EagleRoad~Professional'Cent r annexation-and .zoning;`we have been in contact, on 'this day, witliAndrew`Simonds of Fermor, LLC, and apparently the ownership has changed, and therefore we are awaiting the proof of such change of ownership for the subject real property. Again, all the necessary documents have been revised and are ready for Council, except we are waiting the proof of ownership along with a recorded Warranty Deed. Therefore, to keep you posted on these matters, I wanted to address them in this memo, and to inform you as to why they have not been delivered, as yet, to your office for the upcoming October 5, 1999, council meeting. Therefore, just as soon as our office receives the pertinent information, I will be delivering said documents to you. If you have any questions please advise. Z:\WorkWl\Nleridian I5360M\Creekside Arbor\Clerk093099.Mem ;~ ~' W_N.T_T_F.__PE' ]ustlN P. AYLSwoR~ ]UL1E I~LEIN PISCHE) S~ WM. F. GIGRAY, III D. SAMUEL ]OHNSO N WILLIAM A. MORR( O~ CHRISTOPHER $. Nt a PHILIP A. PETERSOr STEPHEN L. PRUSS ~ ERIC S. ROSSMAN I ~ ' TODD A. ROSSMANI h` ~ R. STEPHEN RUTHEI ~ ~ O TERRENCE R. WHIT D IL U d. 0 Z L1. n ~ +'+ ~ c William t a° '' e a Meridia. ,± _ 33 E. Idaho Street Meridian, Idaho 83642 5 C'ERSON, PRUSS, MORROW &GIGRAY, P.A. ATTORNEYS AT LAW Z00 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 September 2, 1999 ~~ NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE 80X 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OPPICE REcEZVED SEP - 2 1999 CITY OF Ii~ERIDIAN Re: FERMOR, LLC /EAGLE ROAD PROFESSIONAL CENTER /ANNEXATION AND ZONING ORDINANCE Dear Will: ~ ~ ~„ ,. K ,~ Please find enclosed the above ordinance for the annexation and zoning for the Fermor, LLC /Eagle Road Professional. Center. Please place this ordinance on the City Council t_ agenda. This ordinance should not be passed?until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning are adopted, and the Development Agreement has been signed by the James A. Post and Rosetta Post. Also, please note in Section 5 you will need to fill in the date when the Development Agreement has been executed. If you have any questions arise, please advise. Very truly ours, ~'~- 4 m. F Gig ,III msg~:\WorkVvlUvleridian 15360M\Eagle Rd Professional Ctr\Clerk on Ordinance.Ltr i, 3 ~~ p`dd~ f ,r s ~s # f ~ ,t; ~_ `x 4t ~ 3 ¢, BEFORE THE MERIDIAN CITY COUNCIL . e : IN THE MATTER OF THE APPLICATION OF FERMOR, LLC; THE APPLICATION FOR ANNEXATION AND. ZONING OF 3.77 ACRES~NW EAGLE/I-84 FOR EAGLE ROAD PROFESSIONAL CENTER, MERIDIAN, IDAHO Case No. AZ-99-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER xGRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public:hearing on August 17, 1999, at the hour of 7:00 o'clock p.m., and Steve ~: Sddoway, Assistant Planner for the Planning and Zoning Department, and appearing K on behalf of the Applicant was Andy.Simmons of Fermor LLC, both having appeared . and testified 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 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing `scheduled for August 17, 1999, before the City Council, the first publication Y' appearing and'written notice having been mailed to property owners or purchasers of ~. FINDINGS ~ OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER k ~. z ' a a: ~ _. record within three hundred (300') feet of the external boundaries of the property . ~. under'consideration more than fifteen. (15) .days prior to said hearing and with the notice of public hearing having been posted upon,the property under consideration more than one week before said hearing; and that copies of all notices. were made available fo newspaper, radio and television stations as public service announcements;. and the. matter having been duly considered by the City Council at the August 17, ,. 1999, public hearing; and the applicant, affected property°owners, and government b' ., r. 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=416E and 11-2-417A, 3 ,~ t Municipal Code of the City of Meridian. 3. The City Council takes judicial notice~of its zoning, subdivisions and development ordinances codified at Title 11, Municipal :Code of the City of ~. Meridian, and all current zoning maps thereof, and the Comprehensive, Plan of the ,~ Cityof Meridian adopted December 21, 1993;'Ordinance No. 629, January 4,1994, and maps and'the ordinance Establishing the Impact Area Boundary. 4. 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 `FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION ' FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER r. ~g ~ '? .,. a ', .~ }: ` h • ~ [ ~, A if set forth in full. The property isapproximately 3`.77 acres in size. The property is located north of I-84, west of Eagle Road, east of -Allen Street, Meridian, Idaho. The property is designated as the proposed Eagle Road Professional CenterR 5'. The Applicant,;Fermor, L.L.C., is acting on behalf of the record owner of ` the property, James A..Post, of P.O. Box 1290, Oldsmar, Florida, and-has,filed'a f written request for annexation and zoning. 6. ~ The property, is presently zoned by Ada County as R-T, Rural . Transitional, and is currently vacant. 7. The Applicant requests the property be zoned General Retail and - ~ { .: Service Commercial (C-G) which is defined at.Meridian-City Code Section 11-2- 408(B)(11). ~~ ,. 8. The Applicant has requested the annexation and this zoning, and the } application was not initiated at the request` of the City of Meridian. ~. 9. The property is located at Lot 12 of the Amended Magic View Subdivision. The northwest corner of the intersection of S. Eagle Road and I-84, °P north of the ,proposed Holiday Inn Express and south of the present Jackson's Food Store, Meridian, Idaho. s F 10. The proposed site of the subject property is bordered to the east by Eagle Road, to the south by I-84; bordered to the west by Magic View Subdivision . .and the city limits of>the City of Meridian are adjacent and- abut to the north of the ~' FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER~GRANTING APPLICATION a FOR ANNEXATION AND- ZONING/EAGLE ROAD PROFESSIONAL-CENTER J ,~ ~ , _ ~ ,. , . ~ - ~' .. subject property, the present' Jackson's Food Store. '' , 11. The land within the proposed annexation area is contiguous to the 'present city limits. of the-City of Meridian, and the annexation would not be a ' shoestring annexation. 12. The property which is the subject of this application is within the Area ~" of Impact of,the City of Meridian. ~ , 13. The entire parcel of the property is included within the_Meridian ~Urban~ Service Planning Area as the Urban~Service Planning Area. is defined in the °Meridian P.~ Comprehensive Plan. .. ~14. The applicant proposes to develop the subject property in the following manner:.~by construction of 2 two-story office buildings. , 15. The Applicant request zoning of the subject real property as General.Retail and~Service Commercial (C-G). It is consistent with•the Meridian Comprehensive. Plan Generalized Land Use Map -which designates- the. subject ,~ . property as both Mixed Planned Use Development and Commercial. ,. 16. Giving due consideration to the comment received from the go`vernm'ental 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: _ - ,. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER y f ~: LL" p Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations'as follows: . 16.1 Any existing irrigation/drairage ditches crossing the property to be ' included in this project, shall be tiled per City Ordinance 1R1-9-605.M. 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. 'g 1,6:2 Any existing domestic wells and/or septic systems within this project will have to be,removed from their domestic service per City Ordinance s Section 5-7-517. Wells maybe used for non-domestic purposes such as- landscape irrigation. _ 16.3 Anticipated fire flow and domestic water requirements for the propose site must be submitted. E' 16.4 Approval of the application will be contingent upon the Waste Water Treatment Plant's ability to accept the additional sanitary°sewage of the • project. _ ~ ' - ~ 16.5 Water service is contingent upon`positive results. from. a hydraulic analysis. ~ i 16.6 ,Applicant. shall be required,to enter into an Assessment Agreement with the City of Meridian. Additionally, water' and sewer "Late Comers" fees will also be charged against the parcel. 16.7 Applicant to provide a letter of approval from Ada County Highway District prior to applying for building perrriits. Letter of approval to ' ~` include recorded warranty deed for any'necessary roadway dedications. 16.8 Gentry Way; north of the property, has not been constructed. Water arid storm sewer lines have been constructed`from Magic View to and through Gentry Way. Applicant shall be responsible for payment of latecomer fees to reimburse the parties responsible for, extending- sewer and water fo the site. - mFINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION ANDiORDER GRANTING APPLICATION `FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER ,~ . : t a. ~. < r' + ?- . ~ ~ ., ~' 16.9 Per Uniform Plumbing Code'requir'ements, each building shall be served .. by independent sewer and water services. - .1 x - ~ 17. It is found that if the developer pays for the requested improvements 4 and complies with`the conditions 'set forth in these Findings of Fact no. I6, and all ,r, subparts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development°agreement, a r condition of annexation:and zoning designation. ' ' 18. ,It is found. that the following' are 'development considerations which must be taken into account, in order to assure the proposed 'development is designed, constructed, operated and maintained in a manner which is harmonious and Z y -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 disturbing to the existing, `or future neighboring uses, particularly - corsidering the impact of proposed development on ..potential to produce excessive s traffic, noise, smoke, fumes, glare and odors: ;. 1S.I -The project is required to=be.submitted as a planned development under the conditional use permit process because more than one building is ' proposed<on one lot and the parcel is located within a mixed/planned - use development area as identified within the `Meridian Comprehensive Plan. - 1 18.2 Off-street parking shall be provided in accordance with Section 11-2- on 414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. w FINDINGS OF FACT AND CONCLUSIONS ,OF LAW -Page 6 il AND DECISION AND ORDER GRANTING~APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER • , f k ~~ f~, ~~ 18.3 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 a >k, r . F_ ~ ~_ Zoning and Development Ordinance and iri accordance with Americians €, m ,fit ? F with Disabilities Act (ADA) requirements. 18.4 A drainage plan designed by a State of Idaho licensed architect or engineer is required and- shall be submitted'to the City Engineer for all off-street parking areas. All site .:drainage shall be contained and disposed of on-site. e ...~ ~~ ~, ~ d k i 18.5 Outside lighting shall~be designed and placed so as not to direct illumination on any nearby residential areas and in accordarce~with E_ City Ordinance Section 11-2-414.D.3. 18.6' All sigriage shall be in accordance with the standards set forth in Section `l l -2=-415 of the City of Meridian Zoning and Development Ordinance and as specifically approved as part of;the conditional use permit.. No temporary signage or flashing signs will be permitted. `~ i 18.7 Determine the normal high groundwater elevation, -and submit a profile ' of the subsurface soil conditions as prepared by a Taoil scientist with the design of'site drainage plan' ~ F ; a 18.8 Provide five-foot-wide sidewalks in accordance with City Ordinance ~. ~ ~ s , Section 1~1-9-606.B. 18.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 18.10 A minimum of one three-inch caliper tree is,requ~red for every 1,500 square feet of pavement. ~3 18.11 Attention to lighting plans to ensure that lights do no cause glare or impact to adjacent residential properties or the~traveling public shall be addressed. . - ~~ ~: 18.12 A minimum 35-foot-wide landscape setback beyond required right-of- . way on Eagle Road and I-84 is a condition of annexation. Although the site plan shows 35 feet is being provided, `the' area only scales at 30 feet. *~ j ~ The plan needs toj be `revised to comply. : f FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND. DECISION AND ORDER GRANTING APPLICATION FOR AN;NEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER ~., , ~ ,,, I ,~ ,~ - .. 18.13 No signage'other'than that included in°the application is' considered as ~ ~ part of this application. All signage is subject.to design review. ,~ -~ ~ ' 18.14 The Planning,and Zoning Commission and Council may prescribed appropriate conditions, bonds and.safeguards in accordance'with ' Ordinance Section 11-2-418 ~ { ~ - 18.15 Coordinate the .location and sizing requirements of screened trash enclosure with Sanitary Service Company. Applicant to~provide a letter of approval from Sanitary Service Company prior to applying for building permits. ~ w F ~ R x 18.16 Revise the site plan to show minimum five-foot wide sidewalks along street.rights-of-way and within the development. y 18.17 Parking stalls are to be a minimum of 9'x19' with 25=foot-wide driveway aisles. Revise site plan to comply. W 18.18 The total area of all common open space shall equal or exceed ten . ~~ percent (10%) of the gross land area of the PD.- Provide calculations on { revised site plan to verify compliance. - _ 19. The proposed development will serve existing and growing needs and ~,.. - . will. provide services to surrounding institutional; commercial and residential a ,. - development. ~x 20. ~G There are no major or scenic features of major importance that affect .. r the consideration of this application. _ - F @ 2.1. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive plan of the City as follows: ,~ 21.1 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 FINDINGS .OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER x _ {{ „ ~" residents is achieved by applying the criteria of the Comprehensive plan • and~the Zoning ordinancessof the City to all applications such as,~the.~ subject application. 21..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. 21.3 The application is consistent with Meridian's. self identity. - . ~~ 21.4 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 e~ ~ _ improvements, services and its open apace character. , 21.5 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 , e _ Comprehensive plan~and the Zoning ordinances of the City to the subject application. 21.,6 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 „ ry clearly identifiable. - 21.7 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. 22. The property can be-physically serviced. with City.water~and sewer, if applicant extends the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 • ` • AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE~ROAD PROFESSIONAL CENTER ~~ .~ k CONCLUSIONS OF LAW - .. ~ _ , 1. The City of Meridian has .authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said,property lies within-the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 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. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within theaCity and~State. G 3. The City of Meridian has`exercised its authority and responsibility as provided by "Local Land Use Planning Act"rof 1975', codified at Chapter 65, Title 67, Idaho_.Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21; 1993, Ord. No. -629, January 4, 1994. 4`. The following are found.to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: . 1. The Goals of the Comprehensive Plan are set forth at Page~S 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. . FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page ~10 a AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER r ~. .. 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. _ 1.5 To preserve and improve the character' and quality of Meridian's man-made environment while maintaining its . ~ identity as aself-sufficient community. 1.7 To provide community services to fit existing and projected needs. n 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 COMMERCIAL ACTIVITY CENTERS at page 17 Retail, commercial and office 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. 9 . 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 USE DEVELOPMENT AREAS at page 17 FINDINGS OF FACT AND CONCLUSIONS OF LAW =Page 11 AND DECISION AND -ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER _~ v •` • 4 Mixed use is a planning category which refers to the coordinated development of several.rnajor 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 ~~ ~' " Policies, 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 M1 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 x .a harmonized°with the natural environment and respect the 3 - unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 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. r F a ~ Area of Impact, Page 22 Comprehensive Plan Mao i FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1'2 AND DECISION AND- ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER ~:. ,. a t , n The proposed,future land use delineation's for the impact,area F ` are shown on the °Comprehensive Plan Map -Generalized Land Uses,... The land use element is based upon these objectives: s '~ 1. Mixed-planned uses along the I-84 corridor, which are ~. attractive and compatible with high-volume traffic corridors. (Emphasis added.) 4. Under TRANSPORTATION,, Page 43 M ,, . Existing Conditions a. Eagle Road, North of Overland, is listed as a principal .arterial 5. 'Under COMMUNITY DESIGN, a`t Page 71 Community Identification Goal Statement Create visual quality and functional identity for the City of Meridian and its surrounding environment. E °~ g Policies ` ~ 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 s ~~ ~ encouraged. - 1 .4 Major entrances to the City- should be enhanced-and emphasized. Unattractive,land uses along.these entrances should be screened from view. r Special Community Design Areas Goal Statement 2.1U Require businesses and government to install and maintain landscaping. - . 2.2U Encourage area beautification through uniform sign design that enhances the community. ~ _ ~. 3 3 1 r. ~ a FINDINGS OF FACT AND CONCLUSIONS OF LAW -.Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR°ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER •: ~: ~. 2.3U Encourage the beautification of streets, parking lots, public lands, and state`highways. - A 2.5U Encourage the use of attractive open space, landscaping, , lighting, and street furniture for the benefit of the public. Entryway Corridors r Entryway corridors. are arterial roadways entering the community that introduce both visitors and residents to Meridian. Cityr designated gateway arterials include the following streets: ~. p. Eagle Road (North and South entrances) ` Entryway corridors are acommunity's -front door. It is acknowledged that the corridor's trees (or lack thereof), commercial s signage; and site character provide the first; and often dimes the most ulasting, 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. =. Policies 4.2U Support ACRD corridor development standards for the entryways to the City. 4.3LIUse,the Comprehensive Plan, subdivision 'regulations, and. zoning to discourage strip development and encourage. clustered, landscaped`business or residential development on entrance corridors. ~ t 4.4U Encourage landscaped setbacks for new development on r entrance corridors. The City shall require, as a condition of aFINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIEAGLE ROAD PROFESSIONAL CENTER A ' ] ~ .. ~- s ~ S ` ~ A' !.~ '. ' x development approval, landscaping along all entrance corridors. f , Quality of Environment Goal Statement Policies =5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 5. 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: ~~ (C-G) General~Retail and Service Commercial:,,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 constitute strip commercial development and encourage ,clustering of commercial development. k 6. That Section 11~-2-409, ZONING SCHEDULE OF USE CONTROL, B, this Section lists the uses allowed in,various zoning districts of the City, and Planned Unit Developments are listed as allowed, subject to a conditional use permit. 7. 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. 8. By authority of the City of Meridian under the Comprehensive Plan, a FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 . AND DECISION AND ORDER GRANTING APPLICATION u FOR ANNEXATION ANDLZONING/EAGLE ROAD PROFESSIONAL CENTER r r P .~ • .; - y2' is ~ conditional use permit is required for Applicant to construct and operate any stores or facilities on this parcel of land. 9. Since the annexation-and zoning of land is a legislative function, the City has authority to place conditions upon`the annexation of land. See Burt vs. The - ~ F , City of Idaho Falls, 105 Idaho 65, 665 P2d-1075 (1983). y 10. 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 l 1-9=616-which pertains to development time schedules and requirements; ` Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to`pressurized irrigation systems. 11. The development of the property shall lie subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 12. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If. property is annexed and zoned, the City may require or; permit, as a .condition of the zoning, that an, owner or developer make a written commitment concerning the use or development of the subject property. If a ~~ commitment is required or permitted, it shall be recorded.in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel ~ ` m - DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING E FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD-:PROFESSIONAL CENTER .~ ! : _• k FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does ' hereby Order and this does Order: 1. This application is for annexation and zoning of 3.77 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. k 2. That the City Attorney shall prepare for consideration by the City - Council the appropriate ordinance for the annexation and zoning designation. (C-G) General ,Retail and Service Commercial Ordinance' shall not be finally approved by ~ - the City Council until provisions of parts 1 and 3 `of this order have been met; and. 3. Developer enter into a Development Agreement that provides in the r event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: 3.1 Any existing irrigation/drainage ditches crossing the property to be ` included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate 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. 3.2 Any existing domestic wells and/or septic systems within this project will have to be removed from-their domestic service per City Ordinance ' ~ Section.5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. s . 3.3 Anticipated fire flow and domestic water requirements for the propose ` site must be submitted. 3.4 Approval of,the application will be contingent upon the Waste Water Treatment Plant's ability to.accept the additional sanitary sewage of the project. , k F 3.5 Water service is contingent upon positive results from a hydraulic FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER { ' analysis:. ~ ~ k ~~ - 3.6 Applicant shall be required to enter into an Assessment Agreement with the City,of Meridian. Additionally, water and-sewer "Late Comers"fees ~ ; will also be charged against the parcel. 3.7 " Applicant to provide a letter of approval -from Ada County Highway District prior to applying for building permits. Letter of approval to include recorded warranty deed for any necessary roadway dedications. 3.8. Gentry Way, north of the property, has not been constructed. Water and storm sewer lines have been constructed from Magic View to and x through Gentry Way. Applicant shall be responsible for payment of latecomer fees to reimburse the `parties responsible for extending sewer and water to the site. 3.9 Per Uniform Plumbing Code requirements, each building shall be,served by independent `sewer and water services... ~3°10 .aThe project is required to be submitted as a planned development under the conditional use permit process because more than ,one building is ' proposed on one lot and-:the parcel is located within amixed/planned ' use development area as identified within the Meridian'Comprehensive Plan. r ' 3.1`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. 3.12 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 Americians x with Disabilities Act (ADA) requirements. 3.13 A drainage plan designed by' a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and ~' ,disposed of on-site. 3.14 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with FINDINGS- OF FACT AND CONCLUSIONS OF LAW -Page 18 AND DECISION AND ORDERGRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER _ _ ~ :~ , ~. ~City.Ordinance Section 11-2-414.D.3. ~ . 4 3.15 All signage shall be in,accordance with the standards set forth in Section k 11-2--415 of the City of Meridian Zoning and Development~Ordinance and as'specifically approved as part. of the conditional use permit. No temporary signage,,or flashing signs will be permitted. n ., 3..16 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site. drainage plan. .. f ! ` 3.17 Provide five-foot-wide sidewalks in accordance with City Ordinance ' Section 11-9-606.B. L3 ~ s. ,~. 3.18 All construction shall conform to the requirements of the. Americans ~ ' with Disabilities Act. 3. L9 b. A minimum of one three-inch caliper tree is required for every 1;500 f square feet of pavement. 3.20 -Attention to lighting plans to ensure that lights do no cause glare or impact to adjacent residential properties or the traveling public shall be addressed. 3.21 A minimum 35-foot-wide landscape setback beyond required right-of- `' way on Eagle Road and I-84 is a condition of annexation.. Although the site plan shows 35 feet is being provided, the area only scales at 30 feet. The plan needs to be revised to comply.. 3:22 No signage other than that included in the application is considered as_ part of this application. All signage is subject to design review. 3.23 The Planning and Zoning Commission and Council may prescribed appropriate. conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. 3.24 T Coordinate the location and sizing requirements of screened trash"~ enclosure with Sanitary Service`Company: Applicant to provide a letter ' of approval fromwSanitary Service Company prior-to applying for building permits. , FINDINGS tOF FACT AND CONCLUSIONS OF LAW -.Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER ,. ~. y S 4 m 3.25 Revise the site. plan to show minimum five-foot wide sidewalks along street rights-of-way and within the development. 3.26 Parking stalls are to be a minimum of 9'x19' with 25-foot-wide driveway aisles. Revise site plan to comply. ~. 3.27 The total area of all common open space shall equal or exceed ten percent (10%) of the gross land area of the PD. Provide calculations on revised site plan to verify compliance. l NOTICE OF FINAL ACTION Please take notice that this. is a final action of the governing body of the CCity of Meridian. Pursuant to Idaho Code § 67=6521-an affected person is a,person who has=an interest in real property`which may be/adversely affected by the issuance or tp .. denial of the annexation and zoning.and who may within twenty-eight (28) days after the date of this decision`and order seek~a judicial review as provided by Chapter 52, Title.67, Idaho Code. S.~~fe`-~-~ ?~ l~l~l~1 . By action of the City Council at its regular meeting held on ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN GLENN BENTLEY VOTED COUNCILMAN KEITH BIRD VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER 3 } ~~ ., ~. ~ ~ ~ ~ ~. a COUNCILMAN CHARLIE ROLJNTREE VOTED 4 ~~ MAYOR ROBERT D:° CORRIE (TIE BREAKER) ~ VOTED p ° DATED:... ~~- ~~ .. s MOTION: m APPROV DISAPPROVED: t Copy served upon Applicant, the Planping and Zoning°Department, Public Worlcs - K Department, and the City Attorney.. ' By: Dated: ~', ~'~~ ^ City Cleric . ~~t~~t.nt~mrrrrrrr ~~ '~~ k msg/Z:\Worlc\M\Meridian 15360M\Eag1e Rd Professional Ctr\AZFfCIsDecOrd ~~ .7 M w ~ W ~. :J Z 9 ~y_ _ ''~ m9 `'~T 18'~ • ~~~,~gyp} ~~`M , . 'hrrrretto sip ~a"'`~~ x~ 1 fi + }`. ' ~ k n _ X '.~ FINDINGS OF FACT AND. CONCLUSIONS OF LAW -Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER. ~, z • a MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 7.1995 APPLICANT: FERMOR. LLC AGENDA ITEM NUMBER: 14 ~. REQUEST: ANNEXATION ~ ZONING FOR EAGLE ROAD PROFESSIONAL CENTER 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 D1STRlCT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: iNTERMOUNTA{N GAS: ~ ~,o BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. F _D FINDINGS t ~- • • MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 9 Rountree: All ayes. Motion passes. MOTION CARRIED: ALL AYES Anderson: Hey. We got rid of two. 3. DEVELOPMENT AGREEMENT FOR. EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC -NORTH OF I-84, WEST OF EAGLE ROAD AND EAST OF ALLEN STREET: (TABLE UNTIL 10/5/99) 4~.. ORDINANCE # -- ANNEXATION.AND ZONING OF APPROXIMATELY 3.77 ACRES (FOR CG ZONING) OF LAND FOR PROPOSED EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC- NORTH OF I-84 & WEST OF EAGLE ROAD, EAST OF ALLEN STREE (TABLE-UNTIL 1.0/5/99) Rountree: Just be patient. Okay. Item No. 3. Development agreement for Eagle Road Professional Center by Fermor, LLC on north of I-84 west of Eagle Road and east of Allen Street. Bird: Mr. President. Rountree: Mr. Bird. Bird: Seeing how we don't have any development agreement yet worked out, I move that we table this development agreement for Eagle Road Professional Center, Fermor, LLC until 10/5/99. Rountree: Is there a second? Anderson: Second. Rountree:. It's a tie. It's been moved and seconded to table Item No. 3 until .our next regularly scheduled meeting. Discussion? Mr. Bentley. Bentley: Yes. I'ci like to move that we amend that motion to include Item No. 4 since it's the zoning ordinance fior the same. Bird: Okay with me. Rountree: So we would - Bird: Three and four. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 10 Rountree: -- table three and four? Do we have a second on that amendment? Bird: I'll second that amendment. Rountree: Been moved and seconded to table both Items 3 and 4. Any discussion? All those in favor? MOTION CARRIED: ALL AYES Rountree: Okay. It's passed. Items 3 and 4 are tabled until our next regularly scheduled meeting: 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR REZONE OF 7.265 ACRES FOR CREEKSIDE ARBOUR PHASE 11 (FROM R-8 TO R-15) BY WILLIAM &LUCILE LEAVELL-END OF 5T", NORTH OF CREEKSIDE ARBOUR PHASE I AND SOUTH OF FAIRVIEW: (TABLE UNTIL 10/5/99) 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT 16 FOUR-PLEXES WITH POOL AND CLUBHOUSE FOR USE BY PHASE I & II (PROPOSED CREEKSIDE ARBOUR PHASE II) BY WILLIAM ~ LUCILE LEAVELL-END OF 5T", NORTH OF CREEKSIDE ARBOUR PHASE I & SOUTH OF FAIRVIEW: (TABLE UNTIL 10/5/99) Rountree: Item No. 5. Findings of facts and Conclusions of Law, request for rezone of 7.265 acres of Creekside Arbour Phase f1 from R-8 to R-15 by William and Lucile Leaven. Any discussion? Motion? Bird: Mr. President. Rountree: Mr. Bird. Bird: I move that we table Item No. 5, the Findings of Facts and Conclusions of Law seeing how we have not got the legal description right, and Item No. 6, the Findings of Facts and Conclusions of Law regarding the same. Bentley: Second. Rountree: It's been moved and seconded to table No's 5 and 6. Any discussion? Bird: The table date is 10/5/99. ~~ G/G y 2l ~y ~ ~ -~ ~`~y WHITE, PETERSON, PR[JSS, MORROW & GIGRAY, P.A. JUSTIN P. AYLSwORTFI ATTORNEYS AT LAW JULIE KLEIN PISCIIER ~Vnl. F. GIGRAY', III IOC NINTIi AVENUE SOUTH MERIDIAN OFFICE D. SAMUEL JOHNSON POST OFFICE BOX 247 200 EAST CARLTON AVENUE WILLL4M A. MORROW CIiRISTOPIiBR S. NYE NAMPA, IDAHO 536~3-O2a7 SUlre 31 POST OFFICE I30% 1150 FIifLIP A. PL'TERSON MERIDIAN, IDAHO 83680-I I50 STEPHEN L. PRUSS TEL (208) 466-9272 TEL. (208) 288-2499 ERIC S. ROSSNIAN FAX (208)>66-440i FAX (203) 288-2501 TODD A. ROSSNtAN R. STEPFIEN RUTH ERFORD PLEASE REPLY TO TERRENCE R. WHITE MERIDIAN OFFICE E-MAIL: W'FGLW'PPMG.CON1 RECE'D'ED September 20, 1999 CITY OF iY1ERIDL~N William G. Berg, Jr. Meridian City Cleric 33 E. Idaho Meridian, Idaho 83642 Re: 1. CUP-99-026 ANDREW SIMONDS, FERMOR. LLC Will: Please find enclosed the original of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced applications. Please note this matter will be heard before the City Council on September 21, 1999. Very truly yours, _, .. - ~~~ , R. Step e Rutherford Enclosure ms~Z:\Worlc\Nl\.'Vleridian 15360M\Eagle Rd Professional Ctr\PZRecCllcltr ;;, ** TX CONFIRMATION REPORT ** AS OF SEP 20 '~12~56 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 11 09/20 12 53 3457210 EC--S 02'35" 008 244 OK ------------------------------------------------------------------------------ -------------- ~y0f uvu ~.. .. a..tJVf1L V.1 G~.Gv R08£RT 0. CORR~ A Guoa p(aca to Livc r <G.~L OEP.~~RT~iEur ~~.r ~~~~~..~ ~ CITY 4F MERIDIA '-°y"~1~'"Gy CH.aRLES ROUE; PRA N PUBLIC WORKS GCEViV BE;vTL`Y 33 EAST 1D~.H0 BUIl.DLVG DEP.aRT~IpVT NtERID[AiY, ID.~HO 336J2 c.aa) 9y~.,, ~ ( ROrr,avDERSOV Phont (208) 983--I-i13 • Fax (208) 98i-1313 pL,~~~,vtNG qNp ZON K lTH BIRD ING OE°.aRTMENT FACSIMILE COVER SHEET FAX NUMB ~ ~ ~ / ~ ~ U DATE 9I~o 9 TO: TITLED EPARTMENT: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218 NAME: TITLElDEPARTMENT: MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 44 Cowie: I will entertain a motion on the request for partial easement vacation in Englewood Creek No. 2 Subdivision. ~~ Rountree: Mr. Mayor, I move that we' have the Ci Atforne ty y prepare an order that approves the vacation of the easement in Englewood Creek No. 2 Subdivision, lot 18 and include in that order the recommendations provided by Planning and Zoning Commission with the corrections as stated by City Engineer, Gary Smith for items number one to reflect lot 18, items number 5 to reflect the insertion of the word, "vacation" and reference to lot 18 and in items number 8 to reflect lot 18. Bird: Second. Cowie: Motion made by Mr. Rountree second by Mr. Bird to have the ,City Attorney draw up the order with the corrections of staff as prepared for the request. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. ' 18. PUBLIC.HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 3.77 ACRES (FOR CG ZONING) OF LAND FOR PROPOSED EAGLE ROAD PROFESSIONAL CENTER Bl( FERMOR, LLC- NORTH OF I-84 & WEST OF EAGLE ROAD, EAST'OF ALLEN STREET: (ATTORNEY'TO PREPARE FINDINGS) Cowie: I will open the public hearing and invite the staff comments first. Siddoway: Mr. Mayor and members of the Council, this application before you is for annexation and zoning of a parcel of land for a project called .Eagle Road Professional Center. It is located on this lot adjacent to Eagle Road just south of Jackson Food Stores, Texaco and just north of where the Holiday Inn Express3is going in. St. Luke's is across Eagle Road on this side. The Eagle Partners project with the Chevron is to the north of it up here. There is Hubble Engineering going in here, and we have an application currently going in front of Planning and Zoning Commission on this lot here fora 60,000 square foot medical facility. This application before you tonight is for annexation and zoning only. A conditional use permit application has also been submitted for two medical office buildings and will be considered by the Planning and Zoning Commission later this month. We do have that site plan for you tonight to understand their intent with the lot. Staff recommends approval of this application with the requirement that a development agreement to be required as°a condition of the annexation to restrict signage, require 35 foot landscape setbacks along`-Eagle Road, and to restrict the types of uses on the lot to the office buildings as proposed. You have staff comments dated July 12, 1998 in your packet and that is all we have at this time. Cowie: Any other comments from staff? This is a public hearing. Do we have the applicant here tonight? :~~~~`~ i MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 45 Simonds: Hi; I'm Andy Simonds with Fermor LLC, 2700'Airport Way in Boise. We agree and accept the recommendations to the City Council. So I'm just here to answer any questions you° have. Corrie: Any questions from Council? Thank you very much.. Anyone else who would like to issue testimony on item number 18? Hearing none, Council any questions of staff? Okay, I'll entertain a motion to close the public hearing on item number 18. Rountree: So moved. Bird: Second: Corrie: Motion made and second to close the public hearing on item number 18. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Okay, I'll entertain a motion on the request for annexation and zoning of approximately 3.77 acres proposed by Eagle Road Professional Center. Rountree: Mr. Mayor, I move that we have City Attorney prepare Findings of Fact and Conclusions of Law and Decision and Order of the annexation and- zoning for Eagle Road Professional .Center to include the staff comments and recommendations from Planning°and Zoning and to reflect favorably on the request for annexation and zoning as identified. Bird: Second. Corrie: Motion .made by Mr. Rountree second by Mr. Bird to approve the request for annexation and zoning, to have the attorney draw up the Findings of Fact and Conclusions`of Law and the proper order. Do we need a development agreement on this one? Bird: Yes. Rountree: That's in the staff's comments. Corrie: All right. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 19. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A DRIVE-THRU FOR MOXIE JAVA BY AVII L.L.C.-1800 N LOCUST GROVE RD: (ATTORNEY TO PREPARE FINDINGS) Corrie: I'll open the pubic hearing at this time and invite the staff comments first. Siddoway: Mr. Mayor and Council, this is an application that has been before you previously on July 20t". The P & Z Commission originally recommended approval. City` Council then denied the application for the drive through, citing safety concerns with the BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR TWO 2- STORY OFFICE BUILDINGS Case No. CUP-.99-026. RECOMMENDATION TO CITY COUNCIL ANDREW SIMONDS, FERMOR, LLC. Applicant INTRODUCTION 1. The property is located on the corner of Gentry Way and Allen Street, Meridian, Idaho. 2. The owner of record of the subject property is James A. Post of P.O. Box 1290, Oldsmar, Florida. 3. Applicant is Andrew Simonds, Fermor LLC., of 2700 Airport Way, Boise. 4. The subject property is currently zoned Ada County Rural Transitional. There is a pending application for annexation and zoning to General Retail and Service Commercial (C-G). The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(B)(11). S. "The proposed application requests a conditional use permit for RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT -TWO 2-STORY OFFICE BUILDINGS - ANDREW SIMONDS, FERMOR LLC i • construction and development of two 2-story office and professional buildings. The General Retail and Service Commercial (C-G) zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained because more than one building is proposed on one lot. In addition a conditional use permit is required as the property is in a Mixed/Planned Use Development. Area under the Meridian Comprehensive Plan. (Meridian City Zoning , and Development Ordinance, Section 11-2-409). 6. The Meridian Planning and Zoning Commission. recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 8. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the goals and components of the Meridian Comprehensive Plan as enumerated in the Recommendations of Approval to the City Council for Annexation and Zoning of the Subject Property. RECOMMENDATION 1~. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT -TWO 2-STORY OFFICE BUILDINGS - ANDREW SIMONDS, FERMOR LLC • Adopt the recommendations of the Assistant City Engineer and Planning and Zoning Administrator as follows: 1.1 Off-street parlang 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. 1.4 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. 1.5 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 and as specifically approved as part of the conditional use permit. No temporary signage or flashing signs will be permitted. 1.6 Determine the normal high groundwater elevation, and submit a profile of the subsLirface soil conditions as prepared by a soil scientist with the design of site drainage plan. 1.7 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 1.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.9 Coordinate fire hydrant placement with the City of Meridian Public Works Department. RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT -TWO 2-STORY OFFICE BUILDINGS - ANDREW SIMONDS, FERMOR LLC 1.10 The conditional use permit shall be subject to review upon ten days notice to the Applicant. The conditional use permit should become null and void if work does not commence within one year of approval and construction is not complete within two years from date of approval. The conditional use permit should be made transferable from one owner to a new owner or from tenant to tenant provided uses comply with Ordinance requirements and construction proceeds in accordance with the approved conditional use permit. 1. l 1 Applicant shall provide the Public Worlcs Department with information on anticipated fire flow and domestic water requirements for the proposed site. 1.12 .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. 1. I3 A minimum of one three-inch caliper tree is required for every 1,500 ' square feet of pavement. The landscape plan dated 7/1/99 appears to meet this requirement. 1.14 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. 1.15 A minimum 35-foot-wide landscape sefbaclc beyond required right-of- way on Eagle Road and I-84 is a condition of annexation. Although the site plan shows 35 feet is being provided, the area only scales at 30 feet. P Revise plan to comply. 1.16 No signage other than that included in the application is considered as part of this application. All signage is subject to design review. 1.17 The P&Z Commission and Council may prescribe appropriate RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT -TWO 2-STORY OFFICE BUILDINGS - ANDREW SIMOND5, FERMOR LLC condition"s, bonds and safeguards in accordance with Ordinance Section 11-2-418. 1.18 Coordinate the location and. sizing requirements of screened trash enclosure `vith Sanitary Service Company. Provide a letter of approval from Sanitary Service Company prior to applying for building permits. 1.19 Provide a letter of approval from Ada County Highway District prior to applying for building permits. Letter of approval shall include recorded warranty deed for any necessary roadway dedications: 1.20 The~applicaht will be responsible for payment of latecomer fees to reimburse the parties responsible for extending sewer and water to this site. 1.21 Revise site plan to show minimum five-foot-wide sidewalks along street rights-of-way and within the development. 1.22 Parking stalls are to be a minimum of 9'x19' with 25-foot-wide driveway aisles. Revise site plan to .comply. 1.23 The total area of all common open space shall equal or exceed ten percent (10%) of the gross land area of the PD. Provide calculations on revised site plan to verify compliance. 1.24 Per Uniform Plumbing Code requirements, each building shall be served by independent sewer and water services. Adopt the Meridian Fire Department's Recommendations as follows: .1.25 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. Adopt the Central District Health Department's Recommendations as follows: 1.26 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water RECOMMENDATION TO CITY COUNCIL - 5 CONDITIONAL USE PERMIT -TWO 2-STORY OFFICE BUILDINGS - ANDREW SIMONDS, FERMOR LLC ! ~ quality. ~~ The Planning and Zoning Commission further recommends: 1.27 Applicant shall resolve hook-up to City water and sewer issues prior to the issuance of a building permit. ey/Z:\Woric\M\Nleridian I53601~t\Eagle Rd Professional Ctr\Cup.Rec RECOMMENDATION TO CITY COUNCIL - 6 CONDITIONAL USE PERMIT -TWO 2-STORY OFFICE BUILDINGS - ANDREW SIMONDS, FERMOR LLC !' ~ RESOLUTION NO. BY: ,_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN .~ AGREEMENT'ENTITLED "DEVELOPMENT AGREEMENT", DATED THE DAY OF ~ , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND JAMES A. POST AND ROSETTA POST, HUSBAND AND ~` WIFE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY DF MERIDIAN, IDAHO: " WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with .JAMES A. POST and ROSETTA POST, husband and wife, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in .. said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: r 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian-that certain agreement with JAMES A. POST and ROSETTA .POST, husband and wife, entitled "DEVELOPMENT AGREEMENT" dated the day of " , 1999; by and between the City of Meridian and JAMES A. POST and ROSETTA POST, husband 'and wife, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its „ terms and conditions. i RESOLUTION AUTHORIZING THE MAYOR TO -PAGE 1 OF 2 ` ENTER INTO A DEVELOPMENT AGREEMENT WITH JAMES A. POST, AND ROSETTA POST ° ` a .~ { ~~ ~ ~ ~. ~ : .. :. ~~, v ,~ PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN; IDAHO, this day of . , 1999. j _ . '` f •APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ~: , 1999. ,. a • ~ r MAYOR ATTEST: ~ _ 4 CITY CLERK ~, msg~Z:\Work\M\Meridian 15360M\Eagle Rd Professional Ctr\RESOLLTTION < .i ~, ,. ~. '~ RESOLUTION OF THE CITY OF MERIDIAN -PAGE - AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT-WITH JAMES A. POST AND ROSETTA POST d' ~ r ~~': r ~ ~ t. eY ~. A ~~ { ~ w 9: . CERTIFICATE OF CLERK OF ' ~ THE CITY, OF MERIDIAN I, the undersigned, do hereby certify: ` `.~ rl . That I am-the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office ~at 33 East Idaho, Meridian, Idaho. '2. That,as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify- that on the day of , 1999, the following action has been taken and authorized: ~. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED"DEVELOPMENT AGREEMENT", DATED THE DAY OF , .1999,~BY AND BETWEEN THE CITY OF 1VIERIDIAN AND JAMES A. POST AND ROSETTA POST, HUSBAND AND . WIFE. BE IT RESOLVED BY THE MAYOR AND`COUNCIL OF THE CITY OF A MERIDIAN, IDAHO: .WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with JAMES A. POST and ROSETTA.POST, husband and wife, denoted i ~as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as 3 Exhibit "A" to ahis Resolution, the reasons and authority for which are as set, forth.. in "~ said Agreement: Y NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: . ~ ~ ` d ~a ~- ~~ ~: .. ~ h ~ •- 9 ~ , 1. The Mayor and Clerlc are hereby authorized to enter into and on behalf of the City of Meridian that certain •agreement with JAMES A. POST and ROSETTA ~° POST, husband and wife, entitled "DEVELOPMENT AGREEMENT" dated the day of , 1999, by and between the- City of Meridian and JAMES A. POST'and ROSETTA POST, husband and wife, a copy of which is M attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. WILLIAM G. BERG, JR. CITY CLERK F - STATE OF IDAHO, ) ss. County of Ada, ) On this day of ~ , in the year 1999, before me,,. a Notary Public, appeared WILLIAM G. BERG; JR., known or identified tome to be the City Clerk of the City of .Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the-City of Meridian. (SEAL) Notary Public~for Idaho Commission Expires: .~ 'msg/Z:\Work\M~Vleridian 15360M\Eagle Rd Professional Ctr\CERTofCLI<forRESOLU a ti _ c u ..A MERIDIAN CITY COUNCIL MEETING: AUGUST 17;1999 APPLICANT: FERMOR LLC AGENDA ITEM NUMBER:. 18 REQUEST- ANNEXATION AND ZONING FOR EAGLE ROAD PROFESSIONAL CENTER AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES CITY ENGINEER: ~, CITY PI,.ANNING 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: RDA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION REVIEWED SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: ~ F" , IDAHO POWER: ~ ~ ~ ~~; US WEST: ~~~~ _ IN~fERMOUNTAiN GAS: r,~~ BUREAU OF RECLAMATION: OTHER: Ail Materials presented at public meetings shat! become property of the City of Meridian. Meridian Planning and~ning Commission Meeting July 13, 1999 Page 16 ITEM 5. REQUEST FOR PARTIAL EASEMENT VACATION IN ENGLEWOOD CREEK NO. 2 SUBDIVISION BY BRIAN LEE CONSTRUCTION -- LOT 17, BLOCK 6. MacCoy: Staff do you have any comment on this to us right here. Item 5. Freckleton: Chairman McCoy, members of the Commission. This is a formality that we .are going through on this one. A little history. There was a home that was build over a sewer main built on the easement and the sewer main had to be relocated around the house and the easement therefore has to be vacated in order for this' home to remain. We have gone through rededication of easement ail ready, but according to Idaho Code we have to go through this process for a Vacation for a portion of the easement. MacCoy: So this is a formality your telling me here. Freckleton: Correct. My department has approved and reviewed the legal descriptions -for the easement. MacCoy: All they need from us is a vote.. Freckleton: We just need your recommendations. MacCoy: Okay Commissioner's. Borup: Mr. Chairman, I move we recommend a partial easement vacation Englewood Creek Lot 17 Block 6. Barbeiro: Second the motion. MacCoy: All in Favor? MOTION CARRIED: ALL AYES ITEM 6. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 3.77 ACRES (FOR CG ZONING) OF LAND FOR PROPOSED EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC-NORTH OF I-84 WEST OF EAGLE ROAD, EAST OF ALLEN STREET: MacCoy: Open the public hearing. Staff-what do you have? Stiles: Mr. Chairman, Commissioner's. This is for the project that is immediately south of Jackson's Food~Stores on Eagle Road. This is Magic View. This is where the McDonaids's Chevron and -Idaho Central. Credit Union were approved with the future road that is proposed to come down approximately and line up with this. They are proposing 2 medical office buildings at-this location. Unfortunately I based my comments on two applica#ions, only one of which is before you tonight. They have Meridian Planning and ing Commission Meeting July 13, 1999 Page 17 submitted Annexation and Zoning only to be heard tonight. The Conditional Use°Permit will be on the August 10~' meeting. MacCoy: What's the other property, I mean what's the other company or what do you want to call it? Is that Sontag coming in there? e Stiles: On this piece? That's something you going to see next month. This is where the Holiday Inn Express was approved and is under construction right now. Gentry Way will be built as a public street. It will have the .hammer head down at the end. We do list within our comments that combine the condition use permit and the annexation and zoning, some conditions. for development agreement as a condition of approval, but staff recommends that the application be approved for the use as proposed-like I say again, your not going to see that one until next month. De Weerd: 1 would prefer that you show the proposed project, if you would. Stiles: Like 1 say.-.this is not what your voting on tonight. It is a public record, this is a condition use permit application they prepared and submitted.. Like I say Gentry Street. This will be Allen Street. Hubble Engineering has their development approved over here. We do have another application that's been approved over here. This will be the Microtel and again this is Jackson's. They have landscaped Through out. We have made some comments some site specific comments based on this site plan that they submitted. and that. you have somewhere in you packets. Based on the plan that was given us, we did recommend approval. A nice looking building and plan. Met ali of our requirement or could easily be revised to meet our requirements so that's why we recommended approvat of the project. MacCoy: I've seen the two projects and they are architecturally designed and very nice. It would be a nice addition. De Weerd: Shari, could you show the other map and again point out the surrounding develops. Stiles: This would be St. Lukes over here, one of their entrances aligns here. The Chevron here, can you see, Idaho Central Credit Union, this property has not come yet for an application. Hubble Engineers did their 5 lot subdivision here and they are going to build their office building down here. This you have an application for for another development. This is the Holiday Inn Express that is being built. Up here or approxima#ely that area would be where the existing traffic signalization is where a public street will be extended and come down to align with (inaudible) street eventually. De.Weerd: And do you know when tha# is slated for ? Meridian Planning and~ing Commission Meeting July 13, 1999 Page 18 that road to pay for the right of way and actual construction. I think is was, I don't know if that included acquisition but it was about $650,000 I think..the construction costs. So I don't have an exact date for you. I ..know that the portion on this lot here is supposed to be done by the time they get occupancy. Just that portion, I believe. De Weerd: But is does sound like that is a priority project.. Stiles: Yes, as tong as the developer pays for it. MacCoy: That's all your information? De Weerd: Is there a report from ACRD? Will that accompany the ClJ'P? Is there anything from ACRD on this? 'Stiles: t didn't have in my packet I don't believe a report from Ada County Highway District. Typically, they would wait till hey saw an actual proposal before they would make any comment or any significant comment because they will base traffic counts and some of their other requiremen#s on traffic. Actually, I do have a report. I don't .know if it is in you packets. It is dated ACRD commission date was June 23`x. Do you have that Angel. Sims: No. Stiles: This report is June or received June 21St. tt's a draft and it's based on the annexation rezone, but again they are going to reiterate most of their conditions within the condition use permit application. De Weerd: Okay. Thank you. MacCoy: Any other questions forethe staff? No, okay thank you Shari. Bruce anything you want to add to this right now for.water, sewer or anything else. Freck(eton: One point of clarification. Shari mentioned Idaho Central Credit Union. f believe it is Idaho Power Credit Union. As far as water and sewerygoes, I have noting further to add other than the Holiday Inn has been set back a little bit. They have extended some water'and sewer tine to seine their site. At this point of time, the City has not accepted their lines for ownership and maintenance and-when I spoke with the developer's representative a week before last, he told me they expected to be back up and running on that project in two weeks. He didn't figure there was going to be any problems but as this point of time, those (fries are not ours. (inaudible) move forward with Holiday lnn and we ,won't-- MacCoy: Do you have the completion of Holiday Inn. Freckleton: Pm sorry. , .Meridian Planning and~ning Commission Meeting July 13, 1999 Page 19 ,~ MacCoy: Do you happen to know the completion date for Holiday Inn? Freckleton: i don't. MacCoy: Because they -seem to be have been lagging right along. They were going to be- Freckleton: Right like I said they kind of had a set back and construction stopped and they expected to be gearing~back up again in a couple weeks. MacCoy: When they came through us they were in a big hurry and -now they are not going very fast. All right, thank you Bruce. Is the applicant here for the public hearing that would like to speak to us? Simonds: f am Andy Simonds with Fermor, LLC, P.O. Box 95407, Boise, ID 83705. First'off we concur with staffs .recommendations regarding the annexation and rezoning. I did notice-one tid bit of information for you, the issue at the ACRD meeting was addressed. As it stands right now, we are on the agenda for ACRD on July 28th for both our conditional use and for the annexation and rezone. They decided to combine that. Oh bit of a wrinkle, I noticed that as Miss Stiles had done the condition use comments for this project. We submitted for the conditional use July 1St, but we more or less concur with alt of her comments under general requirements and also under sites specific requirements. 1s there a way we could put this on the consent agenda for the next hearing? MacCoy: Let me ask staff about that right now. De Weerd: Put what on the consent agenda? The CUP? Simonds: The CUP, but approve the annexation and rezone at this hearing. MacCoy: The annexation and zoning is on the agenda. Borup: At this point there is no public-hearing. MacCoy: It would'be notice, they tell me, for the August 10th hearing. Simonds: I realize that the condition use is not on hearing tonight, but there is no way, since notices have not gone out, we can not - Sims: Give the public a chance to give testimony also. De Weerd: I'm sorry. City Clerk you need to speak into the microphone. Meridian Planning and~ning Commission Meeting July 13, 1999 Page 20 Sims: I was speaking into Malcolm's. Borup: Maybe a clarification for Shari. My understanding the reason this is even requiring a condition use is because of_two buildings on one lot? Stiles: Two buildings on one lot and the fact that our Comprehensive Plan designates- I would love to do what they are asking, but we have not heard if there is any opposing testimony either, so. Borup: Well the testimony is going to be here for the annexation and zoning. Stiles: Right. MacCoy: Okay, you can go ahead. Simonds: That is all I have. MacCoy: That's all you have? Any questions for him. Any quesfions from the Commissioners. Okay, thank you very much. Anyone here who would like to speak on behalf of this project? It is pretty quite in the house. Anyone here that would like to speak on the negative side of this project? Seeing none, I bring is back to the Commissioner's again. De Weerd: Mr. Chairman, I would move that we close the public hearing. Borup: Second. MacCoy: all in Favor? MOTION CARRIED: ALL AYES. MacCoy; Ayes have it. Go ahead, what's you next decision? Borup: Mr. Chairman, I move that we recommend approval of annexation and zoning of 3.77 acres for CG Zoning for the proposed Eagle Road Professional Center. That we incorporate all comments. made and specific on staff comments, just the comments pertaining'to the zoning and annexation be included: De VVeerd: Second. MacCoy: Good job. All, In favor? Borup: What I wa's excluding comments on is CUP. MOTION CARRIED: ALL AYES ~" p ~~ ~ ~~C~~T~~ J U L 1 6 1999 CITY OF 1I"tII~IAN ORGANIZED 1904 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 Duly 13;1999 OFFICE: Nampa 466-7861 '~ SHOP: Nampa 466-0663 Wil! Berg,. City Clerk City of Meridian 33. East Idaiio Meridian, ID 83642 Re: CUP-99-OZ6 Eagle Road Professional Center for Fermor, LLC Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at- 466-7861 for further information. All laterals and waste wa s must be rotected. All munici al surface drama- e Y P P 9 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, ,~ Bill Henson, Asst. Water Superintendent ~~ NAMPA & MERIDIAN IRRIGATION DISTRICT ~. BH:dln 0 .File -Shop File - Office Water.Superin p ~ .~ ~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 gr~:~ . + • Phones: Area Code 208 :` a .`a, ,, x, 13 JUI, '1999 OFFICE: Nampa 466-7861 y SHOP: Nampa 466-0663 ,- ,,;:: - :~~,' _ .- ;. Andrew Simonds COPY _~Fermor, L.L.C. 2700 Airport Way Boise, ID 83705 RE: Land Use Change Application - Eagle Road Professional Center Cry- 99-02.(0 Dear Mr. Simonds: 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.... If you have any questions concerning this matter, please feel free to call on me at the District's ofFce or John P. Anderson at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent James A. Post City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER-FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ., ~~ HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live City Caun~~~ Members CITY OF MERIDIAN CHARLES RoUNTREE 33 EAST IDAHO GLENN BENTLEY -MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 MEMORANDUM: To: Planning & Zoning Commission, Mayor & City C cil From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator `~ LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 July 12, 1998 R~CEIVE~ JUL 121939 pity o€ Meridian tzity Cierk Office Re: Request for Annexation and Zoning to C-G of 5.031 Acres with a Conditional Use Permit for Two Two-story Office Buildings by Andrew Simonds - Fermor, LLC We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. This application is for a parcel of land at the northwest corner of the intersection of S. Eagle Road and I-84, north of the proposed Holiday Inn Express and south of the Jackson's Food Store. The legal description for annexation included in the application appears to describe the subject site. 2. The project is required to be submitted as a planned development under the conditional use permit. process because more than one building is proposed on one lot and. the parcel is located within amixed/planned use development area as identified within the Meridian Comprehensive Plan. 3. There is a discrepancy between the application and the annexation description provided. The application lists the site as being +/- 3.77 acres; however, the legal description provided shows a 5.031-acre parcel. The discrepancy is apparently attributable to the net lot area only being included on the application instead of the gross land area including adjacent rights-of- way. 4. Sanitary sewer service to the proposed site could be extended from a sanitary sewer main being installed in Allen Street west of the project site. 5. Water service to the proposed site could be extended from a water main being installed in Gentry Way. AZ-99-006/CUP-99-026 Fermor-EagleRdProfCtr.AZ.CUP.doc ,~ ~~ P&Z Commission/Mayor & Council July 12, 1998 Page 2 ANNEXATION AND ZONING ~ ' • GENERAL °REQUIREMENTSt ~~ 1. Any existing irrigation/drainage ditches crossing the.property to be included in this project, shall be tiled per City Ordinance ,11-9-605.1VI. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral user's association; with written confirmatiomof "said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may lie used for non- domestic purposes such as landscape irrigation. 3. A development agreement is required as a~ condition . of • annexation. The development agreement needs to'place restrictions on signage establish minimum landscape criteria, etc. ` i+* S • SITE SPECIFIC REQUIREMENTS ,~. • ~* ~ - ~ ~ . 1. The legal description submitted with the application for annexation and zoning appears to ` meet the requirements of the_City of Meridian and the Idaho State Tax Commission. CONDITIONAL. USE • GENERAL REQUIREMENTS: . .~ 1. Off-street parking shall beyprovided in accordance with Section 11-2-414 of they-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 ofthe City ofMeridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. . ~ ~ ,, 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. _' t ~~ a . 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas acid in accordance'with City ,Ordinance Section 11-2=414.D.3 ~. AZ-99=008/CUP-99-026 Fermor-EagleRdProiCtr.AZ.CUP.doc ~~ P&Z Commission/Mayor & Council July 12, 1998. Page 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 and as specifically approved as part of the conditional use permit. No temporary signage or flashing signs will be permitted. 6. Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site. drainage plan. 7. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. 9. Coordinate fire hydrant placement with the City of Meridian Public Works Department.. 10. The conditional use permit shall be s~lbject to review upon ten days notice to the Applicant. The conditional use permit should become null and void if work does not commence within one year of approval and construction is not complete within two years from date of approval. The conditional use permit should be made transferable from one owner to a new.owner or from tenant to tenant provided uses comply with Ordinance requirements and construction proceeds in accordance with the approved conditional use permit. t. • SITE SPECIFIC REQUIREMENTS 1. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 2. The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. i 3., Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 4. 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 Co_ mers" 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. 5. A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. The landscape plan dated 7/1/99 appears to meet this requirement. AZ-99-008/CUP-99-026 Fermor-EagleRdPmlCtr.AZ.CUP.doc • • P&Z Commission/Mayor & Council July 12, 1998 Page 4 6. 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. 7. A minimum 35-foot-wide landscape setback beyond required right-of--way on Eagle Road and I-$4 is a condition of annexation. Although the site plan shows 35 feet is being provided, the area only scales at 30 feet. Revise plan to comply. 8. No signage other than that included in the application is considered as part of this application. All signage is subject to design review. ' 11. The P&Z Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. 12. Coordinate the location and sizing requirements of screened -trash enclosure with Sanitary Service Company. Provide a letter of approval from Sanitary Service Company prior to applying for building permits. 13. Provide a letter of approval from Ada County Highway District prior to applying for building permits. Letter of approval shall include recorded warranty deed for any necessary roadway dedications. 14. Gentry Way, north of this property, has not been constructed. Water and storm sewer lines have been constructed from Magic View to and through Gentry Way. The applicant will be responsible for payment of latecomer fees to reimburse the parties responsible for extending sewer and water to this site. 15. Revise site plan to show minimum five-foot-wide sidewalks along street rights-of--way and within the development. 16. Parking stalls are to be a minimum of 9'x19' with 25-foot-wide driveway aisles. Revise site plan to comply. 17. The total area of all common open space shall equal or exceed ten percent (10%) of the gross land area of the PD. Provide calculations on revised site plan to verify compliance. 18. Per Uniform Plumbing Code requirements, each building shall be served by independent sewer and water services. AZ-99-0o8/CUP-99-026 Fermor-EagleRdProfCtr.AZ.CUP.doc .. t BEFORE THE PLANNING AND ZONING COMMISSION ' IN THE. MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 3.77 ACRES NW EAGLE/I-84 FOR EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC ' , Case No. AZ-99-008 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property'is approximately 3.77 acres in size. The property is north of 1-84, west of Eagle Road, east of Allen Street. The property is designated as the proposed Eagle Road Professional Center. - 2. The owner of record of the subject property is the James A. Post, of P.O. Box 1290, Oldsmar, Florida. 3. Applicant is Fermor, L.L.C., of P.O. Box 15407, Boise, Idaho. 4. The property is presently zoned by Ada County as R-T Rural Transitional, and is currently vacant. 5. The Applicant requested the property be zoned as'General Retail and Service Commercial (C-G) which is defined at Meridian city Code 11-21-408(B)(11). 6. The proposed site of the subject property is Lot 12. of the amended Magic View Subdivision. The northwest corner of the intersection of S. Eagle Road RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING -EAGLE ROAD PROFESSIONAL CENTER, FERMOR, LLC and I-84, north of the proposed Holiday Inn Express and south of the present - Jackson's Food Store. 7. The subject property is bordered to the east`by Eagle Road, to the south by I-84, bordered to the west by Magic View Subdivision and the city limits of the City of Meridian are'adjacent and abut to the north of the subject property, the present Jaclsons Food Store. 8. The property which is the subject. of this application is within the Area of Impact of the City of Meridian. a 9. The entire parcel of the property is included within the Meridian Urban Service Planting 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: by construction of ~2 two-story office buildings: 11. The Applicant request zoning of the subject real property as General Retail and Service Commercial (C-G): It-is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject ~. property as both mixed planned use development and commercial. 12. There are no significant or scenic features of major importance that J affect the consideration of this application. RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING -EAGLE ROAD PROFESSIONAL CENTER, . FERMOR, LLC ~d f .., l~ n ~ .u ~ a N ~ RECOMMENDATION 1. The Meridian Planning and Zoning'Commission hereby recommends to . the City Council of the City of Meridian that they approve the requested annexation =and zoning as requested by the Applicant for the property }described in the application, subject to the following: `` .V ~ 5 Adopt the' Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Any existing imgation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance.l 1'9=605.M. 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. 1.2 Any existing domestic wells, and/or septic systems within this project will `' have to be removed from their `domestic service per City Ordinance Section`5-7-517. Wells may be used for non-domestic purposes.such as . landscape irrigation. 1.3 A development agreement is required as a condition of annexation. The development agreement needs to place restrictions on signage, establish minimum landscape criteria, etc. Z:\Work\M\~Ieridian~15360M\Eagle Rd Professional Ctr\AZ.Rec ~, A a RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING -EAGLE ROAD PROFESSIONAL CENTER, FERMOR, LLC . ~' 7 .. ~~. HUB OF TREASURE VALLEY • Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live ' M m r o ~n~ll CITY OF MERIDIAN PUBLICgWORKS CHARLES ROUNTREE 33 EAST IDAHO ErE~ 7-G1~BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 836428, ll~J ~- V L (zos> ss~-~? I I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 1999 PLANNING AND ZONING KEITH BIRD SUN 0 ~ DEPARTMENT City of Meridian (zos> ss4-ss3~ City Clerk Offlce 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: July 6, 1999 TRANSMITTAL DATE: June 3,.1999 HEARING DATE: July 13, 1999 FILE NUMBER: ~'99-008 REQUEST: ACRES (FOR C-G PROPOSED EAGLE ROAD PROFESSIONAL CENTER) BY: FERMOR LLC LOCATION OF PROPERTY OR PROJECT: NORTH OF I-84, WEST OF EAGLE RD, EAST OF ALLEN ST - TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/2 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 REMl~ARKS: HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT , ,, B o il M CITY OF MERIDI AN n m r PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 RECEIv~~BI 887 ,~l I ~ `' RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING y ~' KEITH BIRD JUN 1 5 1999 DEPARTMENT (?08)884-5533 City of Meridian City Clerk Office TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 6, 1999 TRANSMITTAL DATE: June 3, 1999 HEARING DATE: July 13, 1999 FILE NUMBER: V -- _ REQUEST: ANNEXATION & ZONING OF 3.77 ACRES (FOR C-G ZONING FOR PROPOSED EAGLE ROAD PROFESSIONAL CENTER) BY: FERMOR LLC LOCATION OF PROPERTY OR PROJECT: NORTH OF I-84, WEST OF EAGLE RD, EAST OF ALLEN ST TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _BUILDING DEPARTMENT ~C 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 (ANNEX//A_~TION) YOUR CONCISE REMARKS: l~ _ ~~ / ON ~,v ~~rn~~ . ~ ~ HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE LEGAL DEPARTMENT A Good Place to Live ,, o ~n it M m ~ CITY OF MERIDIAN K . PUBLIC WO S CHARLES ROUNTREE BUILDING DEPARTMENT 33 EAST IDAHO GLENN BENTLEY , MERIDIAN, IDAHO 83642 ~-c T (zos) 887 ~~ I I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887 ~; ~ C~ ~- V ~j~LANNING AND ZONING ~w DEPARTMENT KE[TH B[RD ~uN 0 ~ 1999 I'-O8) 88d-5533 ~I~~~ k G"fface CIS TRANSMITTAL TO AGENCIES FOR COMMENTS ON I~ELOPMENT 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: July 6, 1999 TRANSMITTAL DATE: June 3, 1999 HEARING DATE: July 13, 1999 FILE NUMBER: A2'99-008 REQUEST: ANNEXATION ~ ZONING OF 3.77 ACRES (FOR C-G ZONING FOR PROPOSED EAGLE ROAD PROFESSIONAL CENTER) BY: FERMOR LLC LOCATION OF PROPERTY OR PROJECT: NORTH OF I-84, WEST OF EAGLE RD, EAST OF ALLEN ST _ TAMMY DE WEERD P!Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C ~ WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT +POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: 'S ti .._ .,5 _ ADA~OUNTY HIGHWA ~ ~'~~~~ ,~~~ Y DI RIOT t"~ „ ~ Planning and Development-Division ,~~~ 21 1999 Development Application Report ~~,~ 0~ N~1~IAIA1\i ~~,A,I~1~i do ~9NI1`T~ MAZ-99-008 I-84 & Eagle Road Annexation/Rezone RT to CG , The applicant is requesting annexation from Ada County to the City of Meridian and a rezone from RT to CG for the proposed Eagle Road Professional Center. The 3.77-acre site is located at " $.,_, the northwest corner of Eagle Road and I-84, on the north side on Gentry Way and the east side '~~ .of Allen Street. This development is estimated to generate approximately 1,300 additional vehicle trips per day based on the Institute of Transportation°Engineers Trip Generation manual. ~~ Roads impacted by this~development: Gentry Way ~~ Allen;Street ~ `"~ - Eagle Road '~ . ACHD Commission Date -June 23, 1999 - 7:00 p.m. ~+ .. CCU - ~ . .. "_. ~ ~ ~ _ ~F"~ ` cc r-- ~~ ~- e r- .~, i _, r .. _, .. r_ ~ . _. _. ~ , . ._~ . ~, ~- . ~..~ _....__ __ , ~. . x ~- 1 4 .. ,. ~w c3 ` ,~t ..~. '~, Y ' ~' V ~ S ! N .. ` ~ 4 ~ #y. L ^R [k~ -~"~ i~ '+ fit. f 1 ~~ ~ F '~ j .. '~ `5 '.. y a .., t ~ ~,. ?' mf }' , • C 4 ._ t 4.i :~ i ~~. , i v ._ ~ M ~ .e .. . _,,1 ~ ~ 1 z ae :~ ,. a ~. ~~' 4. ~ e .. d ~~ {~ ~ ~~~~ ..o ~ ..'_ ~ ~a,~.. ~, - ~ _ ~ _ ~_ .~ .. ._ ,.. ,J ~ 3 ,~~'b ~~,r ,4 W Y s ~ ~ .~. a ry ...._ k ~. 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N 7t ~ I : ~ ~ ~r i ° •µ-s7•a : ':i8 ~ °. o •' I h " I ,ai'e[i _ ~vva KNt y '4. , a•lt -~ rJ.`..`.° o=.: Z W rl °- 133li1 ° 3l"1Y ~~<+.4t •~~ •; :'3°-> .z~: ..1 -i'Lr •-O'.O • i01-L l1-L Sa•1 u- era T_~ < 4° ~:'f~~ r• J ,•O'tai •K o .ellayllf•ti•Oer r •}~•e ° . ~a ]V= ~ ~ZG i Z ~ ~.~ O 001-L .SO'lii °' r `o ~~r! i Er I a ~rra _ \ ~. „ .~o~ ~ _ ~ .a Y:.~e..°. - \ ".. r E ~ ~.. S /• ~ .ra .M i 3 ~ O.aYn Y° ~~~ir\/ r o fr r~i ~'•ac 4 _ J ~ l .oa ,N J~ ` ~J 1 0~ ir. • :OO .L~7~ ~~= - - 4J ~ • I ~a~ '~•'f~•t~1 _ _o0•Lt I°•_ . ~ tr Li • r Q J.e•as,ioys .'I ~tQ ~'D4'tii/~ ~`~`~•a e'p~,~i~ 51'-3 --~ ~i~ b~~e~ .°- N to .error p I~ s~o~a ~ ~ ss'aal • oo. k_ ~ - O4 4: w al••a ~1:- ° ...,,,. i ,uvc••,oo,al/o• ;1ry:{ 1:'~ r ,` W ) .•i .r0 •Or i iT •O •r~er~`i.ar ., ' ~ 1 W: 0 J 7•i°,Li;ioi^ W O ro• .ae'nr N 1^0~- U J .Ii•Mi_•.r~L},LLr•r r O IJ W _ O ~WU : - ~ R.1 io'NS.•J91ta.•ee °• J¢ O V W ~ _ _ y ~ ew,Ytr•-,ii'rr i;iS. .y• Q ~. C7 .LPL-•_rs~.aswe ° ® a' .- s'.°° •err ,rra•• .•a•ic• arsaa w p ,•~'nr aNV'IWad~ ~~~ := '9f1S S1H913H M31A 1Sf1~Ol C ~. :%~ - g ~ =se P - _ ~ ~° 8 .. •` e I~ I ~' Factis and~Findings:, ., ~ ~ r. ~ . t"~ _ ~ :~ .. A. General. Information ~ ,, ,... ~ " =a t ~, Owner -James A. Post <~~ ~ ' ' ~ ~ ~~` ' ~~~ Applicant - Fermor LLC _ } RT, ~ -~Existin~ zoning r .. _ , #, - Y CG ~ r < , ,- Requested zoning h, { _ _ ` 3:77 „ -Acres ~ ,, _. _ ' .." < ~, 283 ~, -Traffic AnalysisZone (.TAZ)," ~ ~~~ ' ~ ~~ ,. y' ~ '~t~e, 4 ,~,.~ t.: West Ada -Impact Fee BenefitEZone x ~ ~~ E1x~ e,`~,,. ~, r_,. ' c~ Western;Cities -,Impact Fee Assessment District . ,... -~c~ ~ " , ~ Gentry Wav Local commercial street with,no pathway5designation No traffic count available; , .. ~ 800-feet.of frontage , ,,- ' X50-feet- existing right-of-way,(25-feet from centerline) ~ r ~ ~ , ` .rv, , No additional•right-of--way required ~ ~ ~-,v ' ~3 ~'~ ~ ~ ,Gentry-Way is unimproved._right-of--way. Allen Street .Local:`commercial street with no pathway designation 4 iw ~ . s~ No traffic count available ";, _ ~, ~ ,, e, _ ~ _ ,300,-feet of~frontage ~ ~ ~~ ~ `~ 50-feet existing. right-of way.(25-feet. from centerline) "" ~.~+=~ X58-feet required right-of-way (29-feet from centerline) ~~~ Allen,Street isimproved with.23-feet: of pavement with no curb,;gutter or sidewalk: _ ...i._.~ ~, _ , Eagle Road x ~ Principal arterial ~ ~ ` ;Traffic count 31,975 on 11-6-96 , , ~~ 300-feet of frontage , 4 F ~ ~ .~~~~ EagleyRoad is>improved~with 5=traffic lanes.with nocurb,'gutter~or sidewalk. ., ~ ~. , ,..._~ ~ x B. ~ On January 27,,1999 the Commission..reviewed. and approved NICU14-9,8/MA-03-98, an application•requesting conditional use approval to construct a 60-unit motel. The 1`.66=acre site ~isaocated~south`of~ahe subject:application at the northwest`coiner~of"Eagle Road and~~I-84', `on the south side on Gentry Way and the east side of Allen Street. ' "s~~ _ ~, , j i ,.. , '1. 5 MAZ99008.CMM Page 2 • C. Magic View Subdivision, of which this site is a part, is partially developed as a 5-acre single family subdivision. Meridian's`Comprehensive Plan designates a large area within Magic View Subdivision, which includes this site, for commercial and mixed planned use land uses. This designation will allow a range of land uses that will generate traffic at a much higher rate 4~ than the existing development. D. The Destination 2015 Regional~Transportation Plan identified Eagle Road as a limited access 'ZS .: facility. Under this designation, access to Eagle Road would be regulated by a limited number of traffic signals (with adequate spacing between successive signals), turn channelization and restrictions at unsignalized intersections and raised medians between channelized turns. Grade- separated interchanges should be anticipated at arterial/arterial intersections. ~~ E. On December 30, 1998, the ACHD Commission acted on MCU-43-97 and as part of that. ~ action, found that an extraordinary impact existed because of the potential of large volumes of ~~,, trips that would be generated by the redevelopment of Magic View Subdivision and required the construction and dedication of a new road.into the Magic View Subdivision from Eagle Road apposite the driveway/private street into St. Luke's medical center. During consideration ~ of MCU-43-97, the Commission reviewed several options for assuring adequate and safe access from Eagle Road into.this rapidly redeveloping area. The selected option included the '- construction of the new road across the property that was the subject of MCU-43-97 by that ~~ developer, with the eventual extension of that road to the intersection of Magic View Drive and ~ Y Allen Drive. The cost of construction and right=of--way was to b'e shared among all the ~ redeveloping properties in Magic View Subdivision. The Ada County Highway District finds that the anticipated~fiscal impacts of the anticipated r developments in Magic View Subdivision are of such a magnitude that ACHD is unable to accommodate the development(s) without excessive and unscheduled public expenditures -~ which exceed the amount of the anticipated impact fees from such anticipated developments. The above mentioned street will ultimately be constricted as a 52-foot (4-lane) street section, at .~ its connection with Eagle Road, tapering to a standard. 41-foot commercial street section 500- ''Z"~ feet west of Eagle Road. The cost of the roadway is approximately $650,000.00. In its~review of MCU-43-97, the Commission considered three trip generation rates as averages ~ for each of three land uses, one'of which was the mixed planned use category. This parcel includes 3.77-acres, resulting in a trip generation rate of approximately 1,300-trips per day. ~~ The share of the•cost-of the new roadway equaled $43.19 per trip. Therefore, this property should pay an overlay fee to the District in the amount of approximately $56,147. This fee is ~~ based upon a typical retail use. The District will determine the final fee when,a specific land ~~~ use is proposed. Staff recommends that the Commission require the payment of that amount into a'fimd for the reimbursement of cost to construct and dedicate right-of--way for a new road from the intersection of Eagle Road and Sf. Luke's driveway to the intersection of Magic View Drive and Allen Drive as the proportionate share of this property on a per trip basis. F. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Constriction Services at 387-6280~(with file numbers) for details. MAZ99008.CMM Page 3 G.• Gentry Way is an unimproved~right-of--way abutting the site's southern boundary. District policy normally requires. the applicant to construct curb, gutter and 5=foot wide concrete sidewalk and pavement widening to-one half of a 41-foot street section plus -12-feet of additional pavement abutting the~parcel. Staff believes that a 41-foot street is more than is ~~ needed for this situation and supports a 37-foot street.section. The narrower street section will ~-~-~~ also allow large building foot prints and less overall roadway. Gentry Way will never extend to Eagle Road and there is a high probability that the roadway will be vacated. H. District policy requires the applicant to construct curb; gutter and 5-foot wide concrete sidewalk and pavement widening to one half of a 41-foot street section plus 12-feet of additional ~ pavement on Allen Street abutting the parcel. ~~ I. Driveways on Gentry Way and Allen Street should be located a minimum of 50-feet from C~ public street•intersections. Driveways should be constructed as 24 to 30-foot wide curb cut ^~ driveways and paved their hill required width of 24 to 30-feet and at least 30-feet beyond the edge of pavement of Gentry Way and Allen Street. ' ~ J. State Highway 55 (Eagle Road) and Interstate 84 are under the jurisdiction of Idaho Transportation Department (ITD). Application. materials should be submitted to ITD for review and requirements of that Department grid the applicant should submit to the District a ~~ letter from ITD regarding said requirements prior to District approval of the final plat or ~ issuance of a building permit (or other required permits), whichever occurs first. The applicant '~ may contact District III Traffic Engineer Walter Burnside of 334-8340. K. As required by District policy, restrictions on the width, number and.locations of driveways, ~ may be placed on future development of this parcel. L. The existing.transportation system will not be adequate to accommodate the additional traffic generated by this proposed development unless the requirements outlined in this report are implemented. If the:'entire Magic View Subdivision develops as projectedby Meridian's ^~ _ Comprehensive Plan, the existing interior.. roadways system will. be adequate to accommodate the-traffic, with the new road and signalized intersection as proposed by District staff. Special Recommendation to ITD: 4~--a l . The applicant is not proposing sdirect lot access to Eagle Road, and none should be approved. ~ The site has adequate access to the public streets~via Gentry~Way and Allen Street. r---~ ~~ If~the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements,.in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: 1. Dedicate 29=feet ofright-of--way from the centerline of Allen Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to ~ , 7 MAZ99008.CMM Page 4 • • issuance. of a building permit (or: other required permits), whichever occurs first. The owner will nQ,t be compensated for'this additional right-of-way. ` 2. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Gentry Way ~+ abutting the parcel. Improvements shall be constricted to complete a 37-foot street section. ffi ~'~ 3. Construct curb; gutter, Shoot wide concrete sidewalk and match aviri on Allen Stree '-'~ abutting the parcel. Construct the roadway to one half of a 41-foot street section, plus 12-feet of additional pavement. ~ 4. ~ Locate driveways on Gentry Way and Allen Street a minimum of 50-feet from a public street intersection. Constrict the driveways: as 24 to 30-foot wide curb cut driveways and paved back ~~ at least 30-feet beyond the edge of pavement of Gentry Way and Allen Street. c~ ^~•--„~ 5. Enter into an agreement with the District to pay the proportionate share of the cost of constructing a new road from Eagle Road west and'south to connect with Magic View Drive at its intersection with Allen Street as an extraordinary impact fee. The proportionate share has ~ been determined to be approximately $56,147, for a commercial development. The proportionate share would be less-for an office development. The District will determine the final fee when a specific land use is proposed. ~~-- 6. State Highway 55 (Eagle Road) and Interstate 84 are under the jurisdiction of Idaho '`~ Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or ~ issuance of a building permit (or other required permits), whichever. occurs first. The applicant may contact District III Traffic Engineer Walter Burnside at 334-8340. ,. ~~ 7. As required by District;policy, restrictions on the width, number and locations ofdriveways, ^~ shall be placed on future development of this parcel. - . Standard Requirements: ~ 1. A request for modification, variance or waiver, of any requirement or policy outlined herein shall be made in writing to the ACRD Planning. and Development Supervisor. The req ~~ shall s__ necifsally iden ifv ach rP rirPmP„r +~ ~,A •a ~~ a ~ • , -~~ ~__ ~ .~~~~„~~~~~ do u~ i tae a written Px= lana ion C~ why such a rea tremen wo ~lrl re.c„lt ,na ~„~•~tantial liarda}ii ~,~ p~I_.lll~.glltt~!= The wr,tte?? ~~ rt_ hall he subrYii teri ~ro th Disfri no lat r than 9 00 a m or1~?.~~Y scheduled fo1 "` ACRD Comm,~~~nn ~~tinn Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding .the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. MAZ99008.CMM Page 5 • • 2. After ACHD Commission action, any request for reconsideration ofthe Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. T~~q~est for reconsiders ion shall specifically identify each_r .nr~irement to be reconsidered grid in .1nnP wri tPn rinr,,,mPnrat;nr~ nF ~,~ a that ws no availabl nth C'ommi~sion st ~~e time fit riginal aec~~mr, The request ~-~ for reconsideration will be heard by the District Commission at the next regular meeting of the :---~ C~ Commission. If the Commission agrees to reconsider`the action, the applicant will be notified '~ ., of the date and time of the Commission meeting at which the reconsideration will be heard. 3. After ACHD Commission action, any request for rehearing of the Commission's action shall ~ be made in writing to the Planning and Development Supervisor within six days of the • action and shall include a minimum fee of $11.0.00. The request for rehearin,_ shall ~~ ,. , p lfl ally identify each rennirPrnpnt to ho ~, ,a a Wrl tPYI ~n~'i1171Pntafin 4'.d that waC nn .i V:11 ~:1h~P to t}~a rnmm ~ 41- ,- Cirri- ~T ;rq ni•i~nal decision The ~~,, applicant will be notified of the date and time of the Commission meeting at which the 'rehearing will be heard. ~ 4. Payment of applicable road impact fees•are required prior to building construction•in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4--a ~ 5. All design and construction shall be in accordance with the Ada County Highway District `Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. ~ 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada"County Highway District prior to District approval for occupancy. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized ~ representative of the'Ada County Highway District. The burden-shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. ~.-~ 9. Any change by the applicant in the planned use of the property which is the subject of this ~~ application, shall require the applicant~to comply with all rules,.regulations, ordinances, plans or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the sCibject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the,change in use is sought. MAZ99008.CNIM Paoe 6 • • Conclusion of Law: 1. ACHD requirements-are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity ~+ impacted by the proposed development. '~ Should you have any questions or comments, please contact the Planning and Development Division at 387-6170: ~ Submitted bv• Date of C'ommi~ ion A ion• Planning and Development Staff ~~ '---+ `~ ~` ~~ C~ .'---~ '~ ~ _ _ ~~ ~` :--+ ~+ ~ '--~ ' ' '~'' MAZ99008.CMM Page 7 ,. . ;. y ~.~ L i as ~~ ~ x .. k - 4 CENTRAL ~`~ ~ CEN. AL,DISTRICT'HEALTH`DEPAR NT. r .. a •• DuISTRIQCTT' ~ ` `~ Environmental Health Division, °~ ~ ^ ^ ^ 1 ' I ~/ \ ~ 1 1 ` I ~~ ,, ~.; _ .. ~ " ~ 'Return to: . "~~ '~` ~`~~~ ^ Boise ' DEPARTMENT _ -~ tl ~ ~~ ~rYC y `' -V ^ Eagle ` Zone /f r~ '~ l ~ `~~~ ~ ~ ~~ d - ~ ~ U ~- 1 6 1999 ^ Garden City ~ ~ w Meridian ' '' Conditional Use # Y ~rm~ n~ ~umTAIU [~] ICuna ° ~ Preliminary /Final /Short Plat F - ^ ACZ a. ~~~ ' s ~' , .. ... r ~ ~ ~ -' ~. 1', I. We have No Objectionsao this Proposal. ~ ' .~„ a • ^ ~ 2. Y We recommend Denial of this"Proposal. ~ 1- ~ r ~ ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ~. ~e ° ^ 4. ; We will require more data concerning soil conditions on this Proposal before we can comment. _~ s ^ ~: 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: „ ^ high seasonal ground water ~ ^ waste flow characteristics ^' or bedrock from original grade ^ other - ~ ^ 6. Tliis office will require a study to assess th`e impact of nutrients and pathogens to receiving ground waters and/or '" surface waters: ;tl , ' ^ 7. This project shall be reviewed by'the Idaho Department of Water Resources concerning well construction and - water availability. ° ~ ` ~ w µ ~ « ~ ` 4 ^ 8.- After written approval~from appropriate entities are submitted, wecan approve this proposal for: 'p` ^'central sewage ^ community sewage system ^ community water well ' ' ^ interim sewage ^ central water , ^ individual sewage ^ individual water , t'. ^ 9. 4 The~following plan(s) must.be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: "^ ~central sewage • ^ community sewage system ,^ community water` `" ° ~ ~ ^ sewage dry lines ^ central water ~, ' ^ F0. Run-off is not to create a mosquito breeding problem. ,~ a ^ I I. This~Department would recommend;deferr•al until high seasonal ground water can be,determined if other „ "~ >, considerations. indicate approval. ;' " •^ 12. ~ ~ If restroom facilities are to be installed, then a'sewage system MUST be` installed to meet Idaho State Sewage °Regulations. { w ~ ~ ` 13. We will require plans be submitted for a plan review for any: y ^ food establishment ^ swimming pools or spas ^ child care center ' ^ beverage establishment ^ grocery store ` "~~ ^ 14. Date: ~ //~_/~ s ~, N ., . Reviewed By: ~! /Gr~-...~~. •,. R ,. ~ ~i , §, - ti ~ ,~ } rnao iavi nn. ~~. iron - . .. _. ,, t. ;,. ReVIeW She2t • f ORGAh12ED 1904 • . ~ . . ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 ~+7~CE~j~~ Phones: Area Code 208 June 11;99 OFFICE: Nampa 466-7861 JUN 16 1999 SHOP: Nampa 466-0663 Wi!! Berg, City Clerk City of Meridian CITY OF MERIDIAN 33 East Idaho ~,, ~.. _ ~.. Meridian, ID 83642• Re: AZ-99-008 Annexation & Zoning for Eagle Road Professional Center Dear Commissioners: The Nampa & Meridian Irrigationistrict has no comment on the above referenced application. .` Sincerely, ~~ BiII Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT ~R BH:dln ~ Cc: File -Shop File -Office '~.~ i Water Superintendent L~ ~, ~ ~ ~,- C~ F •F U. ' BOIS F N~K w ",~a~~~ t~~~`Y ~ =r'`~ ~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 ..:f'` BOISE PROJECT RIGHTS • 40,000 '# a MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 13. 1999 APPLICANT: FENMOR, LLC AGENDA ITEM NUMBER: 6 REQUEST: 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: AAA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS ~~ ATtACl~O ~hr~~1-SI'S SEE ~'r A C~il~ C~-~n+v~~ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~~~ BUREAU OF RECLAMATION: OTHER: Ali Materials presented at public mee ngs shall become property of the City of Meridian. • ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Developmerit Application Report MAZ-99-008/MCUP99-0026 I_84_&,Eagle.Road- Medic'al'office building ~~ The applicant is requesting conditional use approval fora 32,000-square foot office building. The ~ applicant is also requesting annexation from Ada County to the City of Meridian and a rezone ;,~ from RT to CG for the proposed IG•agle-Road~Pro~fessional'Center~: The 3.77-acre site is located at ~~'' the northwest corner of Eagle Road and I-84, on the north side on Gentry Way and the east side of Allen Street. This development is estimated to generate approximately 1,120 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. c+ cr :-~-~ '~ Roads impacted by this development Gentry Way Allen Street Eagle Road 4~ cc ~-- Z u ~'~ CC ~~ ACHD Commission Date -July 28, 1999 - 7:00 p.m. • Z O 0 ~ o W F- Z `~ U - J ' a z a. o a, ~ ~, w~~ o- ~? aU ~~ a O W rJ V a w 0 0 N " T 0 ~ , 0 0 0 0 M O ~.:.~ ;J ~, i ~ -rue -9wwi~a'+roa OM/a NVIOh13N ~ i~ur w~R az 9T klOWki3d •~--~..4., ~.....- .......-.. 813311S K3TiV QJV Atl1N~J I 9 ~ ~ ~~ J ki31t~ IVNOlSS3i0lid OVO!! 3"FJV3 ~ ' j I¢ I I s;aa}iyo.cy uos.cn~ ,~. I~ i I; .. ~..~ OVOli 3~JV3 ~ ~~ - - - - - - - - _ •~ t az j ~~~ ~~i ~ ., 1! ~ t t ~ ~if ~ ~ ~ t ' t j j ~ ~ I~~T~)~~~ t~ .r1 ~,~ltLl~ tS te6 I ___ -,-- ---~-- ~_- --_~_~__~ _~_ = _ :_ ---- t F 1 t~j 1 t ijy` t t t -- -~" -- - ~~ I ~ j ~ t. i !,~ ~ { ~ktt l=~4 ~ r j ~ ~t'<il ~ E! ~~~ ~t3 J i~ j ~, ~e I Size,-~5' Ettto j``j '' ! t . I 9 9 ~ F .i E S.i.laj~ 3S j~ j I o j ~ !!SlSl~: 1YSi~j~j~ I ~ _ ~ # ~ ;~Q I p I i ~~~ !p ~~ i~ ll11 JJ{{. i ~l~~~±t~t !!~liitr ~ ~ ~ ~~ ~ I j I ~ j ~~ 9 S k s F E t r ~ I i I F v '~ ~ ;! ~ ~~(II ~ it ! ~ . j ~ • I i j Y~ i 3 ~ ~ I - ~ ~ q: q, a E~~ ~ ~ ~~N d ~ ' i ! ~ ~ j I i i ~ I j i / ~ 5 l ~ ~~ ~ ~ i --- ~ -- - - ------- j - _ ~ ~ • Facts and Findings: A. General Information ~,, Owner -James A. Post 4'~ Applicant - Fermor LLC RT -Existing zoning CG -Requested zoning 3.77 -Acres 283 -Traffic Analysis Zone (TAZ) r West Ada -Impact Fee Benefit Zone ~~ Western Cities -Impact Fee Assessment District '~ Gentry Wav Local commercial street with no pathway designation No traffic count available ~ 800-feet of frontage 50-feet existing right-of--way (25-feet from centerline) No additional right-of--way required ~•+ ~ Gentry Way is unimproved right-of--way. '--~ ~~~ Allen Street Local commercial street with no pathway designation ~ No traffic count available 300-feet of frontage 4~ 50-feet existing right-of--way (25-feet from centerline) ~ 58-feet required right-of--way (29-feet from centerline) ~~ Allen Street is improved with 23-feet of pavement with no curb, gutter or sidewalk. Eagle Road ~ Principal arterial Traffic count~31,975 on 11-6-96 ~~ 300-feet of frontage ^~ Eagle Road is improved with 5 traffic lanes with no curb, gutter or sidewalk. B. On January 27, 1999 the Commission reviewed and approved MCU14-98/MA-03-98, an application requesting conditional use approval to constrict a 60-unit motel. The 1.66-acre site is located south of the subject application at the northwest corner of Eagle Road and [-84, on the south side on Gentry Way and the east side of Allen Street. MAZ99008.CMM Page 2 • C. Magic View Subdivision, of which this site is a-part, is partially developed as a 5-acre single family subdivision. Meridian's Comprehensive Plan designates a large area within Magic '-View Subdivision, which includes this site, for commercial and mixed planned use land uses. This designation will allow a range of land uses that will generate traffic at,a much higher rate- --- -- ~~ than'the existing developments c-{-~ S~-a D. The Destination 2015~Regional Transportation Plan identified Eagle Road as a limited access ~'~ facility. Under this designation, access to Eagle Road would be regulated by a limited number of traffic signals (with adequate spacing between successive signals), turn channelization and restrictions at unsignalized intersections and raised medians beriveen channelized turns. Grade- separated- interchanges should be anticipated at arterial/arterial'intersectio~ns:~ ~~ E. On December 30, 1998, the ACRD Commission acted on MCU-43-97 and as part of that ~ action, found that an extraordinary impact existed because of the potential of lame volumes of -:-=• trips that would be generated by the redevelopment of Magic;View:Subdivision and required ' ti the constntction and dedication of a new road into the Magic.View Subdivision from Eagle ,_. r.. ~:~ Road opposite the driveway/private street into St. Luke's medical center. During consideration ~ ~ of MCU-43-97, the Commission reviewed several options for assuring adequate and safe access from Eagle Road into this rapidly redeveloping area.. The selected 'option included-the construction of the new road across the property that was the subject of MCU-43-97 by that ~~ developer, with the eventual extension of that road to the intersection of Magic View Drive and e~ Allen Drive. The cost of constntction and right-of-way was to.be,shared among all'the ~" ~~ redeveloping properties in Magic View Subdivision. ~. ~ ~~ ''~ ,: ~~ ~. ., °` „ The Ada County. Highway District finds that the anticipated fiscal impacts of the anticipated ~ developments in Magic View Subdivision are of such a magnitude that ACRD is unable to accommodate the development(s) without excessive and unscheduled public expenditures ` ~~ which exceed the amount of the anticipated impact fees from such anticipated"developments. ~~ The above mentioned street will ultimately be constricted as,a 52-foot.(4-lane) street section, at ~.~~ its connection with Eagle Road, tapering to a standard 41-foot-commercial street section 500- ~~''', feet west of Eagle .Road. The cost of the roadway is approximately $650,000.00. r *" In its review of MCU-43-97, the Commission adopted an extraordinary fee based on trip ~ generation rates. The Commission determined that the Extraordinary Impact Fee would be , $43.19 per trip. This parcel includes 3.77-acres, resulting in a trip generation rate of ~~ approximately 1,120-trips per day. The share of the cost of the new roadway equaled $43.19 ~ per trip. Therefore, this property should pay an overlay fee to the District in the amount ofs .:--_, approximately $48,373. Staff recommends that the Commission require the payment of that ^~~ amount into a fund for the reimbursement of cost to construct and dedicate right-of-way for a ~,,`~ -~ new road from the intersection of Eagle Road and St. Luke's driveway to the intersection of Magic View Drive and Allen Drive as the. proportionate share.of this property on a per trip basis. ~, F. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at .387-628.0 (with file numbers) for " ~. ,> details. M~z~~oos.c~~tvt Page 3 ~- cafe 29=feet ofright- -w y from trie-centerrtn~'aZ'-~tTen-~treer~aautnrr~ rr-e-pa~cc~-~y- ls of recordation of a final subdivision plat or execution of a warranty deed prior to once of a building permit (or other required permits), whichever occurs first. The owner tit be compensated for this additional right-of--way. MAZ99008.CMM Page 4 LJ G. Gentry Way is an unimproved right-of--way abutting the site's southern boundary. District policy normally requires the applicant to construct curb; gutter and 5-foot wide concrete sidewalk and pavement widening to one half of a 4I-foot street section plus IZ-feet of additional pavement abutting the parcel. Staff believes that a 41-foot street is more than is needed for this situation and supports a 37-foot street section. The narrower street section will ~-+~-a also allow large building foot prints and less overall roadway. Gentry Way will never extend to ^~ Eagle Road and there is a high probability that the roadway will be vacated. H. District policy requires the applicant to constrict curb, gutter and 5-foot wide concrete sidewalk and pavement widening to one half of a 41-foot street section on Allen Street abutting the ~ parcel. ~~ I. Driveways on Gentry Way and Allen Street should be located a minimum of 50-feet from ~ public street intersections. Driveways should be constricted as 24 to 30-foot wide curb cut '~ driveways and paved their full required width of 24 to 30-feet and at least 30-feet beyond the edge of pavement of Gentry Way and Allen Street. ~ J. State Highway SS (Eagle Road) is under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review-and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said C~+`--' requirements prior to District approval of the final plat or issuance of a building permit (or Chi other required permits), whichever occurs first. The applicant may contact District III Traffic ~~ Engineer Walter Burnside at 334-8340. K. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. L. The existing transportation system will not be adequate to accommodate the additional traffic ~-+~~ generated by this proposed development unless the requirements outlined in this report are implemented. If the entire Magic View Subdivision develops as projected by Meridian's Comprehensive Plan, the existing interior roadways system will be adequate to accommodate the traffic, with the new road and signalized intersection as proposed by District staff. Special Recommendation to ITD: ~~ 1. The applicant is not proposing direct lot access to Eagle Road, and none should be approved. ~ The site has adequate access to the public streets via Gentry Way and Allen Street. •----r ^~ The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate 29-feet ofright-of--way from the. centerline of Allen Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits}, whichever occurs first. The owner will nQt be compensated for this additional right-of--way. MAZ99008.CMNt Page 4 • 2. Constrict curb, gutter, 5-foot wide concrete sidewalk and match paving on Gentry Way ablating the parcel. Improvements shall be constricted to complete a 37-foot street section. 3. Constrict curb, gutter, 5-foot wide concrete sidewalk and match paving on Allen Street ~~ abutting the parcel. Constrict the roadway to one half of a 41-foot street section. r~--, 'Tj 4. Locate driveways on Gentry Way and Allen Street a minimum of 50-feet from a public street intersection. Constrict the .driveways as 24 to 30-foot wide curb cut driveways and paved back at least 30-feet beyond the edge of pavement of Gentry Way and Allen Street. 5. Enter into an agreement with the District to pay~the proportionate share of the cost of ~~ constntcting a new road from Eagle Road west and south to connect with Magic View Drive at CCU its intersection with Allen Street as an extraordinary impact fee. The proportionate share has been determined to be approximately $48,373. 6. State Highway 55 (Eagle Road) is under the jurisdiction of Idaho Transportation Department ~ (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or ~+ other required permits), whichever occurs first. The applicant may contact District III Traffic ~ Engineer Walter Burnside at 334-8340. r--+ '~ 7. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: ~+_ ~ 1. A request for modification, variance or waiver of any requirement or policy outlined herein '.~--, shall be made in writing to the ACHD Planning and Development Supervisor. The request '~ shall specifically iden ify each reghirement to be re~nnsidere~ and inclndP a written ex lane ion of w y such a regltirement would result in a ubstantial hard hip or inegl~ity. The written request shall be submitted to the District no later than 9.00 a m on the day~cheduled for ~ •ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. ~~ ~ Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action ~~ do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACRD' Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsi eration shall specifically iden ify each requirement to be reconsidered and include written documentation of data that was not available to the nmmi lion at the t;mP ~F it original dPr.ision. The request MAZ99008.CMM Page J for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. After ACRD Commission action, any request for rehearing of the Commission's action shall ~~ be made in writing to the Planning and Development Supervisor within six days of the action and shall include aminimum-fee of $110.00. Th~uest for rehearing shall ~~'' ~necifically id n ify each requirement to be reheard and include written documentation of data that was not available to the Commission at the time of its original decision.. The applicant will be notified of the date and time of the Commission meeting at which the ~ rehearing will be heard. ` ~~ 4 C~ r-r '~ ~+~ C~ ---~ '~-. t~ '•--, ~~--~ ~~ :--, ~~ 6 7 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which .incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. MAZ99008.CMM Paee 6 • Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity ~~ impacted by the proposed development. ~ Should you have any questions or comments, please contact the Planning and Development '~ Division at 387-6170. ~ Submitted by: Date of Commission Action• Planning and DevelQpm ,,r staff ~+~ '~ c- '---+ ~~--~ ~~ '•---+ ~~~ L~ r--r MAZ99008.CMM Page 7 ~ z i '~ I ~~„ ~\ O U _... ~, om w U_ Q r I- a oa ~~ w ~- _ zz WV U~ J Q v 0 w H N W C'1 z O ~_ 0 0 N 0 0 0 0 m 0 0 M O ~~~, .. .. - . - _ o~~ ~ 1 _ _ ~. _~ ~ 1 - = ~-_. .. _ _ _._ ~,~ . ~ ,_ - `. ', `~ ~\ ~ ~. L it ~~.:.0,4 w.r.II,~iy~~"~ ~^a ~ ~ ' .\ ~.i ~ ',/ .'.° ^ Lys ~~/'~ / }.• ~~~ \ ~\ `\ ! ~ u Y i \ ~ ` ~ ~~ ' \ ' ~ \`~.~ 1 I i _ I ' „\ ! \~ I i j I Y ! i ' lC,`CLJ~~~ ~~ - ,v~~ y _ ~ Y 1 ~ . . ,t~; . ~..~~ , r - j ~' ~ e u.1 I- 1!J ..~ W L~ r Facts and Findings: A. General Information Owner -Mark Bottles Applicant - Sonntag Eye Associates r----, RT -Existing zoning '~ CG -Requested zoning 4.34 -Acres 283 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone ~~ Western Cities -Impact Fee Assessment District C~ '~ Allen Street/Freeway ~ ree Local commercial street with no pathway designation No traffic count available ~ 640-feet of frontage 50-feet existing right-of--way (25-feet from centerline) 58-feet required right-of--way (29-feet from centerline) ~-.F --.a ~ Allen Street and Freeway Street are improved with 23-feet of pavement with no curbs, gutters .---r or sidewalks. ~~ Eagle Road ~ Principal arterial Traffic count 31,975 on 11-6-96 ~, 300-feet of frontage ~i Eagle Road is improved with 5 traffic lanes with no curb, gutter or sidewalk. T~ B. On January 27, 1999 the Commission reviewed and approved MCU14-98/MA-03-98, an application requesting conditional use approval to constn~ct a 60-unit motel. The 1.66-acre site is located at the southwest corner of Gentry Way and Allen Street. ~~ C. Magic View Subdivision, of which this site is a part, is partially developed as a 5-acre single ~ family subdivision. Meridian's Comprehensive Plan designates alarge-area within Magic ~~ View Subdivision, which includes this site, for commercial and mixed planned use land uses. This designation will allow a range of land uses that will generate traffic at a much higher rate than the existing development. D.. The Destination 2015 Regional Transportation Plan identified Eagle Road as a limited access facility. Under this designation, access to Eagle Road would be regulated by a limited number of traffic signals (with adequate spacing between successive signals), turn channelization and restrictions at unsignalized intersections and raised medians between channelized turns. Grade- separated interchanges should be anticipated at arterial/arterial intersections. MCUP9924.CMM Paee 2 ~ ~ E. On December 30, 1998, the ACRD Commission acted on MCU-43-97 and as part of that action, found that an extraordinary impact existed because of the potential of large volumes of trips that would be generated by the redevelopment of Magic View Subdivision and required the constriction and dedication of a new road into the Magic View Subdivision from Eagle ~+~-~ Road opposite the driveway/private street into St. Luke's medical center. During consideration of MCU-43-97, the Commission reviewed several options for assuring adequate and safe access '-~ from Eagle Road into this rapidly redeveloping area. The selected option included the =constriction of the new road across the property that was the subject of MCU-43-97 by that developer, with the eventual extension of that road to the intersection of Magic View Drive and ~ Allen Drive. The cost of construction and right-of--way vas to be shared among all the ~'`~~ redeveloping properties in Magic View Subdivision. ~~~ ~ The Ada County Highway District finds that the anticipated fiscal impacts of the anticipated developments in Magic View Subdivision are of such a magnitude that ACHD is unable to accommodate the development(s) without excessive and unscheduled public expenditures which exceed the amount of the anticipated impact fees from such anticipated developments. ~ The above-mentioned street will ultimately be constructed as a 52-foot (4-lane) street section, at its connection with Eagle Road, tapering to a standard 41-foot commercial street section 500- •~~ feet west of Eagle Road. The cost of the roadway is approximately $650,000.00. ~-F~h cC In its review of MCU-43-97, the Commission adopted an Extraordinary Impact Fee based. on ~' trip generation rates. The Commission determined that the Extraordinary Impact Fee would T~ be $43.19 per,trip. This parcel includes 4.34-acres, resulting in a trip generation rate of approximately 1,200-trips per day. The share of the cost of the new roadway equaled $43.19 ~ per trip. Therefore, this property should pay an overlay fee to the District in the amount of approximately $51,828.00. Staff recommends that the Commission require the payment of that amount into a fund for the reimbursement of cost to construct and dedicate right-of--way for a new road from the intersection of Eagle Road and St. Luke's driveway to the intersection of Magic View Drive and Allen Drive as the proportionate share of this property on a per trip .-. T~ basis. F. Utility street cuts in new pavement less than five years old are not allowed unless approved in ~ writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. -~-~ ~ G. District policy requires the applicant to construct curb, gutter and 5-foot wide concrete sidewalk ;.~ and pavement widening to one half of a 41-foot street section on Allen Street abutting the ~~~ parcel. H. District policy requires the applicant to constrict curb, gutter and 5-foot wide concrete sidewalk and pavement widening to one half of a 41-foot street section plus 16-feet of additional paving on Freeway Street abutting the parcel. Staff is recommending a wider pavement width on this segment of roadway because the southern half of the roadway will never redevelop and the pavement width proposed by District staff is equivalent to the driving surface of a 41-foot street section. MCUP992d.CMM Page 3 I. Driveways on Allen Street/Freeway Street should be located a minimum of 50-feet from public street intersections and 100-feet from the corner of Allen Street and Freeway Street. Staff is recommending the driveways be located further from the corner of Allen Street and Freeway Street due inadequate sight distance concerns at the corner. Driveways shot-ld be constn-cted as 24 to 30-foot wide curb cut driveways and paved their frill required width of 24 to 30-feet ~i and at least 30-feet beyond the edge of pavement of Allen Street and Freeway Street. '---~ ~"~ J. Interstate 84 is under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said requirements prior to ~ District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. The applicant may contact District III Traffic Engineer Walter Burnside ~~ at 334-8340. CC3 '~ K. As required by District policy, restrictions on the width, number and locations of driveways, maybe placed on future development of this parcel: - ~ L. The existing transportation system will not be adequate to accommodate the additional traffic generated by this proposed development unless the requirements outlined in this report are implemented. If the entire Magic View Subdivision develops as projected by Meridian's ~+-+--„ Comprehensive Plan, the existing interior roadways system will be adequate to accommodate C~ the traffic, with the new road and signalized intersection as proposed by District staff. r--~ -'~ The following requirements are provided as conditions for approval: ~ Site Specific Requirements: ,~ 1. Dedicate 29-feet ofright-of--way from the centerline of Allen Street abutting the parcel by ~-+-~ means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner ~~~' will n9t be compensated for this additional right-of--way. 2. Dedicate sufficient right-of--way to accommodate the Freeway Street improvements abutting the ~ parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner ~~ will ~ be compensated for this additional right-of--way. ~,~ 3. Constrict curb, gutter, and a 5-foot wide concrete sidewalk on Allen Street abutting the parcel. Improvements to Allen Street shall be constructed to one half of a 41-foot street section. Coordinate the improvements to Allen Street with District staff. 4. Constrict curb, gutter, 5-foot wide concrete sidewalk and match paving on Freeway Street abutting the parcel. Improvements to Freeway Street shall be constructed to one half of a 41- foot street section, phis 16-feet of additional pavement. MCUP9924.CMM Paee 4 ~ ~ 5. Enter into an agreement with the District to pay the proportionate share of the cost of constnlcting a new road from Eagle Road west and south to connect with Magic View Drive at its intersection with Allen Street as an extraordinary impact fee. The proportionate share has been determined to be approximately $1,828. ~ +~-~ 6. Interstate 84 is under the jurisdiction-of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the ~~'' applicant should submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. The applicant may contact District III Traffic Engineer Walter Burnside ~ at 334-8340. ~ ~ 7. Locate driveways on Allen Street/Freeway a minimum of 50-feet from public street C~ intersections and 100-feet from the corner of Allen Street and Freeway Street. Constrict the ~~ driveways as 24 to 30-foot wide curb cut driveways and paved their frill required width of 24 to 30-feet and at least 30-feet beyond the edge of pavement of Allen Street and Freeway Street. ~ 8. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. c~.~ Standard Requirements: '~ 1. A request for modification, variance. or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and incl>>de a written explanation ~ of why such a requirement would result in a substantial hardship or inequity. The written request-shall be submitted to the District no later than 9:00 a.m. on the da}~ scheduled for _~, ACHD Commission action. Those items shall be rescheduled for discussion with the ~+--~ Commission on the next available meeting agenda. --~ 'TJ Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those ~ items will be acted on by the Commission.unless removed from the agenda by the Commission. ~-~-~ 2. After ACHD Commission action, any request for reconsideration of the Commission's action ~ shall be made in writing to the Planning and Development Supervisor within six days of the ~~ action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically id' n ify each requirement to be reconsidered and inch~dP written documentation of data-that was not available to the Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. After ACHD Commission action, any request for rehearing of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the MCUP9924.CMUt Pate 5 • s action and- shall include a minimum fee of 5110.00. The request for rehearing shall specifically identify each re4uirement to he reheard anti. ;nrludP written documentation of data that was not available to the nmmis~i~n at the time nf;r~ c,riginal dee~.~;~n The applicant will be notified of the date and time of the Commission meeting at which the ~~ rehearing will be heard. ~-~a 4. Payment of applicable road impact fees are required prior to building constriction in ''~'' accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. ~ 5. All design and constriction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services ~+ procedures and all applicable ACHD Ordinances unless specifically waived herein. C~ ^~~ 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. ~ 7. Constriction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. ~~~-' 8. No change in the terms and conditions of this approval shall be valid unless they are in writing C~ and signed by the applicant or the applicant's authorized representative and an authorized ~~ representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. ~ 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all Hiles, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in ~-~ interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant '~ to the law in effect at the time the change in use is sought. L Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an ~~ undue burden on the existing vehicular and pedestrian transportation system within the vicinity ~ impacted by the proposed development. :---~ '~ Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Planning_and Development Staff MCUP9924.CMM Page 6