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Chevron / McDonalds Eagle '! ", DEVELOPMENTAGREEMŒNT TIDS DEVELOPMENT AGREEMENT (tms "Agreement'1, is made and entered into tlùs 2.oti day of Pdoher , 1998, by and between CITY OF MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY", and EAGLE PARTNERS, LLC., an Idaho Limited Liability Company, hereinafter called "DEVELOPER", whose address is P.O. Box 44809, Boise, Idaho 83711. 1. RECITALS: 1.1 1.2 1.3 1.4 1.5 1.6 WHEREAS, DEVELOPER is the sole owner, in law andlor equity, of certain tract ofland in the County of Ada, State ofIdaho, described in Exlùbit A, which is attached hereto and by tlùs reference incorporated herein as if set forth in fhll, hereinafter referred to as the "Property"; and WHEREAS, I.C. §67-6511A, Tdabo Code, provides that cities may, by ordinance, require orpemrit as a condition ofre-zoning that the owner or developer make a written commitment concerning the use or development of the subject property; and ' 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 andlor re-zoning of land; and WHEREAS, DEVELOPER has submitted an application for annexation and zoning of the "Property" described in Exlùbit A, and requested a designation of General Retail and Service Commetcial (C-G) City Zone, 11-2-408 (II) (Municipal Code ofilie City of Meridian); and WHEREAS, DEVELOPER made some 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 WHEREAS, record of the proceedings request for annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services witlùn the City of Meridian planning jurisdiction, and received testimony and comment in favor ofthe proposed development, and opposed with concerns being the compatibility of the proposed development with neighboril;tg properties; and 1.7 WHEREAS, DEVELOPER has submitted to the City Cooocil a site plan as to how the Property will be developed, putting landscaping, berming, lighting, access provided, elevations, and anticipated building locations, and other improvements with plans ( a comet copy.ofwhich areattached- - - DEVELOPMENT AGREEMENT ~. '-IÞ/¡; j; ab~. :~ _ST,OF EAGLEPARTNERSLLCANNEx... léöffiJÉ'R':'16" " ~~ '~ J. AVID NAVARRO / BOISE. IDAHO FE OEPU ~ /99BOC29 PH ):40 98/03791 '~ . to this Agreement marked Exlùbit B) and by this reference incorporated herein. The plans are herein identified as ChevronIMcDonald's and by I.P. Co. Credit Union, Eagle Road and Magic View Drive, Meridian, Idaho, BRS Architects, 5/98, job number 9646 sheet SS-2.1 of site and Building data 6/98; and 1.8 WHEREAS, City Council, the 15th day of September, 1998, has approved certain Findings of Fact and Conclusions of Law in order of decision, set forth in Exhibit C, which are attached hereto and by this reference incorporated as if set forth in full, hereinafter referred to as (the "Findings'1; and 1.9 WHEREAS, the "Findings" require the DEVELOPER enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.10 WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into tms Agreement and acknowledges that this Agreement was entered into voluntarily and at its mging and requests; and 1.11 WHEREAS, CITY requires the DEVELOPER to enter into a development agreement for the pUl'pose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the tem¡s and conditions oftlùs development agreement, herein been established as a result of evidence received by the City in the proceedings for annexation and zoning designation from government subdivisions providing services witlùn the planning jurisdiction and from affected property owners and to ensure the 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. lNCORPORA TTON OF RECTT ALS 2.1 That the above recitals are contractual and binding and are incorporated herein as if set forth in full. PAGE 2 DEVELOPMENT AGREEMENT EAGLE PARmERS LLC ANNEXATION/ZONING '1 3. USES PERMITTED BY THIS AGREEMENT: 3.1 3.2 3.3 4. The uses allowed pursuant to this Agreement are those uses allowed under CITY's Zoning Ordinance Retail 811d Service Commercial (C-Ct) codified at section 11-2-408 (11) Municipal Code of the City of Meridian. DEVELOPER agrees that tlùs Agreement specifically allows only the uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and wmch uses are specifically incorporated herein. No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT TN CONDITIONAL USE' 4.1 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 cornmencement of cons1ruction of any buildings or improvements on the Property that require a conditional use permit. 5. CONDmONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY' 5.1 DEVELOPER shall develop subject Property including the obtainence of the appropriate permits and compliance with CITY ordinances regarding the builcting permits and other life safety codes applicable to such development in accordance with the following special conditions: 5.1.1 Developer shall be responsible to install a water main within the right-of-way ofthe new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. 5.1.2 Water service to the proposed site could be to the existing water line installed along the northerly side of Magic View Drive. Developer to provide the Public Works Department with information on anticipated fJre flow and domestic water requirements for the proposed site. 5.1.3 As Assessment fees for water and sewer service are determined during the building plan review process Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against tlùs parcel to help reimburse the DEVELOPMENT AGREEMENT EAGLE PARTNERS LLC ANNEXATION/ZONING PAGE > l parties responsible for installing the water and sewer mains to their c\UTent points. 5.1.4 In order to assure that the affected and subject area will be served adequately by essential public facilities and services the pretreatment required and addressed on the building permit application redlines for obtaining City sewer service, wlùch is required. 5.1.5 Comply with the requirements of the Central District Health for approval of appropriate proposal for central sewage and central water, as well as approval for plans for food establishments. 5.1.6 Sanitary Sewer service to the proposed site could be to the existing line installed in Magic View Drive directly adjacent to the south> 5.1> 7 The treatment capacity of the City of Meridian's Wastewater Treatment Plant is c\UTently being evaluated. Approval of development to be contingent upon City's treatment plant ability to accept the additional sanitary sewage generated by tlùs proposed development. 5.1.8 The Developer shall be required to connect the property to Meridian water and sewer, extend the water and sewer lines to serve the property, and resolve how the water and sewer mains will serve the property, all of which shall be at the Developer's, or its successor's, or successors' cost and expense. Said water and sewer requirements shall be performed on or before the time that the Developer or its successor, or successors desire to use the property or place a user on the property. 5.1.9 Any existing irrigation/drainage ditches crossing the property to be included in the project are to be tiled per City Ordinance 11-9- 605.M. The ditches are to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department with no variances for tiling of any ditches crossing this project. 5.1.1 0 A drainage plan designed by a State ofldaho licensed arclútect 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. 5.1.11 A Land Use Change/Site Development application be filed for review with the Nanipa & Meridian Irrigation District with all DEVELOPMENT AGREEMENT EAGLE PARTNERS LLC ANNEXATION/ZONING PAGE 4 laterals and wasteways affected to be protected. Municipal surface drainage must be retained on site. Any surface drainage leaving the site must be approved by the Nampa & Meridìan Irrigation Dìstrict in accordance with their drainage plans. The Developer must comply with Idaho Code 31-3805. 5.1.12 The sìorrnwater run-off will be managed with appropriate Best Management Practice. 5.1.13 Pressurized írrigalion shall be installed and constructed. 5.1.14 Detennine the seasonal high groundwater elevation, and submit a plUme of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 5.1.15 Any existing domestic wells and/or septic systems witlùn the project will have to be removed ftom their domestic service per City Ordinance Section 5-7.517. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.16 All ditches, canals, and waterways shall be tiled as a condition of annexation. 5.1.17 The proposed roadway north of the proposed Idaho Power Credit Union needs to be dedicated as a public roadway with a stub to the west. Future development in this area will need to have proper access to the traffic signal. Applicant shall be responsible to install a water main within the right-of-way of the new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. 5.1.18 Developer comply with the State of Idaho Transportation Departments requests that a full con1ro1 area is necessary to maintain adequate traffic operations on Eagle Road and in the vicinity of Interstate 1-84 interchange. 5.1.19 All development approach locations shall be in accordance with the requirements of the State ofIdaho Transportation Depamnent. 5.1.20 Roadway and roadway approaches to be approved by the ACIID. 5.1.21 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. DEVELOPMENT AGREEMENT EAGLE PARTNERS LLC ANNEXATION/ZONING PAGE " 5.1.22 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 (ADA) requirements. 5.1.23 No signage details were submitted. Detailed. signage p 1ans must be included as part of this application for review and approval. 5.1.24 A developer shall comply with all life safety codes of the City of Meridian and shall also comply with City code requirements for water supplies, sprinkler systems, as regulated by the Fire Department. 5.1.25 All construction shall conform to the requirements ofthe Americans with Disabilities Act. 5.1.26 A development agreement is required as a condition of annexation. 5.1.27 To minimize the impact of the neighborhood to the north the applicant shall dedicate to the ACIID a reserved right-of-way on the northern 108 feet of the subject property; further a landscaped berm shall be developed in the northern 35 feet of the reserved right-of- way and which landscaped berm shall be maintained by developer. 5.1.28 A roadway placed on the northern boundary of the site will also provide potential e1imination of future traffic concerns in the area. 5.1.29 All speaker drive-throughs to be located on the south side of the McDonald'slChevron fast food convenience Store. 5.1.30 All speaker drive-throughs to be located, on the south side of the Credit Union facility. 5.1.31 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs shall be permitted. Submission and approval of all sign age plans including but not limited to pole signs, reader boards, banners, etc., and specifically any "golden arches" type sígnage associated with the McDonalds and ~ outside signage associated with the Chevron Gas Stations. These conditions shall be in addition to the requirements ofMeridían's sign ordinance. 5.1.32 The development shall include an additional 20 foot buffer on the north side of the Credit Union facility and an additional 15 feet of landscaping between the Credit Union and the ChevronIMcDonald's facility. DEVELOPMENT AGREEMENT EAGLE PARTNERS LLC ANNEXATIONIZONlNG PAGE 6 5.2. 6. 5.1.33 The development shall include construction of a solid wood fence that runs from. the southerly boundary of Magic View north to the 108 foot reserved road right-of-way. 5.1.34 The Credit Union facility shall operate during normal business hours between 9:00 a.m. to 5:30 p.m. and not open to customers on weekends. 5.1.35 A minimum of 68 three-inch caliper trees will be required for the paved square footage proposed. 5.1.36 Particular attention needs to be paid to lighting plans to eliminate as much as is reasonably necessary to eliminate andlor reduce glare to neighboring properties to the north and west, and in accordance with city Ordinance Section 11-2-414D3. 5.1.37 A minimum of a 35-foot-wide landscape setback is required adjacent to the right-of-way of Eagle Road. 5.1.38 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 5.1.39 Future development in this area will need to have proper access to the traffic signal. No condition herein provided can be modified or amended in connection other than as provided for herein and after public hearing by the City CoWlcil, in accordance with the notice provisions provided for zoning designation or amendment under enforcement at the time. IN~PECTION: 6.1 DEVELOPER shall, immediately upon completion of any portion or the entirety ofsaid development of the Property, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions ofthis Development Agreement and all other ordinances ofthe City that apply to said Development. 7. COMPLIANCE PERIOD I CONSENT TO REZONE' 7.1 This Agreement and the commitments contained herein shall be terminated. and the zolÙng designation reversed, upon failure of DEVELOPER or DEVELOPER's heirs, successors, assigns, to comply with the commitments contained herein witlùn two (2) years, and after complying with the notice and hearing procedures as outlined in § 67- PAGE 7 DEVELOPMENT AGREEMENT EAGLE PARTNERS LLC ANNEXATION/ZONING '1 8. 6509, Idaho Cod~, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall occur unless CITY provides written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of such notice. The two (2) year period of time for compliance may be extended by CITY for just cause and upon notification for such by DEVELOPER, and after complying with the notice and hearing procedures as outlined in § 67-6509, Tdaho Code_, or any subsequent amendments or recodifications thereof. REQUIRRMFNT FOR RECORDATION' 8.1 9. ZONING: 9.1 10. CITY shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPER'S cost, and submit proof of such recording to DEVELOPER, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property by the City Council. Iffor 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 ofthis Agreement. CITY shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DRFATH .T 10.1 10.2 11. 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 tenns and conditions included in tlùs Agreement in connections with the Property, this Agreement may be modified or terminated by the CITY upon compliance with the requirements of the Zoning Ordinance. A waiver by CITY of any default by DEVELOPER of anyone 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. 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 ofthe parties hereto. Enforcement may be sought by an DEVELOPMENT AGREEMENT EAGLE PARTNERS LLC ANNEXATIONIZONING PAGE appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 11.1 11.2 12. In the event of a material breach oftlùs Agreement, the parties agree that CITY and DEVELOPER shall have tlùrty (30) days after delivery of notice of said breach to correct the same prior to the non-breaclùng 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 conûmùty, then the time within such failure may be cured shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. In the event the performance of any covenant to be perfonned hereunder by either DEVELOPER or CITY is delayed for causes which axe beyond the reasonable control of the party responsible for such performance, wlùch 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. ~ Any notice desired by the parties and/or required by tlùs 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, rcturn receipt requested, addressed as follows: CITY: DEVELOPER: c/o City Engineer City of Meridian City 33 E. Idaho Ave. Meridian, ID 83642 Eagle Partners, L.L.C P.O. Box 44809 Boise, Idaho 83711 with copy to: with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 JoAnn C. Butler 607 N. 8"1 Street Boise, Idaho 83702 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. 13. Attorney Fees: Should any litigation be commenced between the parties hereto concerning tlùs Agreement, the prevailing party shall be entitled, in addition to DEVELOPMENT AGREEMENT EAGLE .PARTNERS LLC ANNEXATIONIZONING PAGE 9 16. 17. 18. 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 confract between the parties and shall survive any default, tennination or forfeiture oftlùs Agreement. 14. 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 tlùs Agreement by the other party so fai1ing to perform. IS. Bindin¡ unon Successors; Tlùs Agreement shall be binding upon and innre to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including CITY's corporate authorities and their successors in office. This Agreement shall be binding on the owner of the Property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation.ofthe Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. CITY agrees, upon written request of DEVELOPER, to execute appropriate and recordable evidence of termination of this Agreement if CITY, in its sole and reasonable discretion, had determined that DEVELOPER has fully performed its obligations under this Agreement. Tnva]jd Provision If any provision of tlùs Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised thereftom and the invaHdity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER's development ofthe Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties ftom any obligations hereunder. Final Agreement. Tlùs 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 arc 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, toa duly adopted ordinance or resolution of CITY. Effective Date of Agreement Tlùs Agreement shaH be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning DEVELOPMENT AGREEMENT EAGLE PARTNERS LLC ANNEXATION/ZONING PAGE 10 Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGEMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. EAGLE PARNTERS, LLC. BY S.T PROPERTŒS, LL.C. BY: CITY OF MERIDIAN ~.. '3tf).~ yor DEVELOPMENT AGREEMENT EAGLE PARTNERS LLC ANNEXATION/ZONING PAGE 11 " (SEAL) Attest: ci~4~ ~~~ City Clerk BY RESOLUTION NO. 200 STATE OF OF, I have hereunto s y hand and affixed my official . tlùs certificat~ above written. v/ 'lPPJ)X l Jr.\p1J NOTARY PUBLIC FO J' RESIDING AT: MY COMMlSSION EXPIRES:- STATE OF IDAHO ) :ss COUNTY OF ADA ) fiL Onthisctayof od: ,QinthCyear1998, before me, &no J S ím.s -> a Notary Public, personally appeared Robert D. ~. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridían, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. DEVELOPMENT AGREEMENT EAGLE PARmERS LLC ANNEXATION/ZONING PAGE 12 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SE1lJ.u... ~.,. ", ~"'~O~.\.' L. $b:"*'#' " ~,,""""" "T,J> ...~ ./I' " ! ¡ "OT~JÞ\ : * : -.- I * \ \ ÞUB1,,\C I~ ¡¡ \, <1>;:'" "";;/0 '10 .r:. ----......, ;.v "'" 1'8 OF \~ ~.."....."ø' ~.L~ RESIDJNGAT: ~I ~ ! MY COMM1SSION EXPlREs:..l..D11 S'. :l DC/;).., STATE OF IDAHO) ) ss. ) On tlùs lR #- day of Od-o- b.tA. .I , 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared STEVE EDDY, known or identified to me to be a Member of ST PROPERTIES, LLC, the limited liability company that executed the instrument or the person who executed the instrument on behalf of EAGLE PARTNERS, L.L.C., and acknowledged to me that such company executed the same. County of Ada IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~""""""""" ." Cþ>\..L-"l£ð '" ""~~'.A"~ ./I'ç' V'~ Iff ...OT~... ~ \ :: ~... ,,- '2- ¡~ -- 05 \ * Þ(1IL'c. * ¡ \. <PJ> ~oJ ..,~.~~. ~uk {!ill ~ otary PublIc for Idaho Residing at ßh~ I JJ..J 4..J...-D My commission expIres: -3-{2-- 20D4- DEVELOPMENT AGREEMENT EAGLE PARTNERS LLC ANNEXATIONIZONING PAGE 13 , é Lelral Description OfPronerty ExmBIT A DEVELOPMENT AGREEMENT EAGLE PARTNERS LLC ANNEXATION/ZONING PAGE 14 A parcel of land situated in the Northeast quarter of Section 17 and the Southwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; and including Lot 1, as shown on "Amended Magic View Subdivision", Ada County, Idaho; and including the land between said Lot 1 and the Eastwardly extension of the Northerly and Southerly lines of said Lot 1, to the Easterly right of way of Eagle Road (aka., State Highway 55) and including land currently part of the road right of ways for Eagle Road (aka., State Highway 55) and Magic View Drive and more particularly described as follows: Commencing at the common quarter comer of Sections 16 and 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and thence along the common section line, North 00°22'18" West a distance of 749.74 feet to a point being the intersection of the centerline of Magic View Drive and the Section line common to Sections 16 and 17, said point being the point of beginning; Thence North 89°38'27" East a distance of 43.62 feet to a point on the Easterly right of way of Eagle Road; Thence along the right of way on a curve to the right having a delta of 2°18'53", radius of 5,659.58 feet, length of 228.64 feet and a long chord of 228.63 and bearing North 2°31 '57" East to a point of reverse curvature; Thence continuing along the Eagle Road right of way on a curve to the left having a delta of 3°26'18", radius of 5,799.58 feet, length of 348.03 feet and a long chord of 347.98 and bearing North 1°58'58" East to the point of intersection with the Easterly extension of the Northerly line of said Lot 1; Thence along the extension of and the Northerly line of said Lot 1 North 89°57'05" West a distance of 461.04 feet to the Northwest comer of said Lot 1; Thence South 0°06'25" East along the Westerly lot line of said Lot 1 a distance of 579.31 feet to a point on the centerline of Magic View Drive; Thence along the centerline of Magic View Drive North 89°38'27" East a distance of 394.28 feet to the point of beginning. 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OEec~f¡=TION """ MAG'" ...,"'" eu""lYIe'ON ~@@~ t@~1 re ;,rUDY eCAI.E, I":~' ŒMoN IOCF "". .,.... aIIØED JOINtI 96-' ...., ss-:u EXHIBIT C Findings of Fact and Conclusions ofLaw/C'.onditions Qf Approval DEVELOPMENT AGREEMENT EAGLE PARTNERS LLC ANNEXATION/ZONING PAGE 16 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF EAGLE PARTNERS LLC, 603 SOUTH EAGLE ROAD, THE APPLICATION FOR ANNEXATION AND ZONING, NORTHWEST CORNER OF EAGLE ROAD AND MAGIC VIEW DRIVE, MERIDIAN, IDAHO ) ) FINDINGS OF FACT AND ) CONCLUSIONS OF LAW AND ) ORDER OF DECISION ) ) The above entitled annexation and zoning application having come on for public hearing on July 21, 1998, at the hour of 7:00 o'clock p.m., the Applicant's Representative, having appeared and numerous other witnesses having testified 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 Order of Decision: FINDINGS OF FACT 1. The notice of public hearings on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearings scheduled for April 14, 1998, and June 9, 1998, before the Planning and Zoning Commission, the first publication appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 ANNEXATION AND ZONING - EAGLE PARTNERS LLC considered by the Planning and Zoning Commission at the April 14, 1998, and June 9, 1998, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. The notice of public hearings on the application for annexation and zoning were published for two (2) consecutive weeks prior to said public hearings scheduled for 2. April 7, 1998 and July 21,1998, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the April 7, 1998, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 3. 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, Municipal Code of the City of Meridian. 4. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 ANNEXATION AND ZONING - EAGLE PARTNERS LLC December 21, 1993, Ordinance No. 629 - January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 5. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 4.13 acres in size. The property is located adjacent and to the west of Eagle Road and to the north of Magic View Drive. 6. The Applicant is the record owner of the property and has filed a written request for annexation. 7. The property is presently zoned by Ada County as Rural Transition (RT), and is used primarily vacant and unused. 8. The Applicant requests the property be zoned (C-G), General Retail and Service Commercial. 9. The Applicant has requested the annexation and this zoning, and the application was not initiated at the request of the City of Meridian. 10. 11. The property is located at 603 South Eagle Road. The proposed site subject property lies adjacent to the south of the Greenhills Estates No.3 Subdivision and borders Lots 1, 3, 4 and part of Lot 5 in said subdivision and is kitty comer and to the southwest of the Mountain View Subdivision. The site is immediately east of the Magic View Subdivision and immediately west of the S1. Luke's Regional Medical Center, and is adjacent to Eagle Road and in close proximity to the Eagle Road Interchange with Interstate 1-84. 12. The city limits of the City of Meridian are adjacent and abut on the south and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 ANNEXATION AND ZONING - EAGLE PARTNERS LLC on the east of the subject real property. 13. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 14. The property to the north and to the northwest of the subject property is developed as residential housing and the property to the east of the subject property is developed as St. Luke's Regional Medical facility and the property to the south has been developed to include the Texaco Convenience Store and gasoline station, and the property to the west is residential. 15. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 16. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 17. The Applicant submitted development plans for the subject real property which are identified as "ChevronIMcDonald's and by I.P. Co. Credit Union, Eagle Road and Magic View Drive, Meridian, Idaho, BRS Architects, 5/98, job number 9464 sheet SS-2.1 of site and building data 6/98". 18. The applicant proposes to develop the subject property in the following manner. The northern 108 feet of the subject property to be reserved as a roadway right- of-way and dedicated to the ACHD with the inclusion thereon of a berm in the northern 1/3 of the reserved right-of-way; and adjacent and to the south of the reserved right-of-way a parcel depicted as Parcel B which is depicted as 150 feet in width across the entire subject FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 ANNEXATION AND ZONING - EAGLE PARTNERS LLC property which shall be developed with a credit union building 5,000 square foot in size with a future expansion of additional 2,600 square feet together with parking and landscaping, with a drive-through on the southern side of the proposed building. A parcel depicted as Parcel A is 292 feet in width across the entire subject property to be developed as a McDonald'sIChevron fast food convenience facility with fuel islands including eight pump stations, a vacuum air compressor and hose B/BB. a car wash, trash enclosure, together with the convenient store and associated parking, berming and landscaping as depicted on the site plan. 19. Traffic volume on Eagle Road is quite high and serves as a major interchange and north/south collector with Interstate 1-84. 20. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: 20.1 Applicant shall be responsible to install a water main within the right-of-way of the new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. 20.2 Water service to the proposed site could be to the existing water line installed along the northerly side of Magic View Drive. Developer to provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 20.3 As Assessment fees for water and sewer service are determined during the building plan review process Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 ANNEXATION AND ZONING - EAGLE PARTNERS LLC water and sewer mains to their current points. 20.4 In order to assure that the affected and subject area will be served adequately by essential public facilities and services the pretreatment required and addressed on the building permit application redlines for obtaining City sewer service, which is required. 20.5 In compliance with the requirements of the Central District Health for approval of appropriate proposal for central sewage and central water, as well as approval for plans for food establishments. 20.6 Sanitary Sewer service to the proposed site could be to the existing line installed in Magic View Drive directly adjacent to the south. 20.7 The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of development to be contingent upon City's treatment plant ability to accept the additional sanitary sewage generated by this proposed development. 20.8 The Applicant shall be required to connect the property to Meridian water and sewer, extend the water and sewer lines to serve the property, and resolve how the water and sewer mains will serve the property, all of which shall be at the Applicant's, or its successor's, or successors' cost and expense. Said water and sewer requirements shall be performed on or before the time that the Applicant or its successor, or successors desire to use the property or place a user on the property. 20.Ð Any existing irrigation/drainage ditches crossing the property to be included in the project are to be tiled per City Ordinance 11-9-605.M. The ditches are to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department with no variances for tiling of any ditches crossing this project. 20.10 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. 20.11 A land Use Change/Site Development application be filed for review with the Nampa & Meridian Irrigation District with all laterals and wasteways affected to be protected. Municipal surface drainage must be retained on site. Any surface drainage leaving the site must be approved by the Nampa & Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 ANNEXATION AND ZONING - EAGLE PARTNERS LLC Irrigation District in accordance with their drainage plans. The Developer must comply with Idaho Code 31-3805. 20.12 The storrnwater run-off will be managed with appropriate Best Management Practice. 20.13 Pressurized irrigation shall be installed and constructed. 20.14 Determine the seasonal 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. 20.15 Any existing domestic wells and/or septic systems within the 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. 20.16 All ditches, canals, and waterways shall be tiled as a condition of annexation. 20.17 The proposed roadway north of the proposed Idaho Power Credit Union needs to be dedicated as a public roadway with a stub to the west. Future development in this area will need to have proper access to the traffic signal. Applicant shall be responsible to install a water main within the right-of-way of the new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. 20.18 Developer comply with the State of Idaho Transportation Departments requests that a full control area is necessary to maintain adequate traffic operations on Eagle Road and in the vicinity of Interstate 1-84 interchange. 20.19 All development appro~ch locations shall be in accordance with the requirements of the State of Idaho Transportation Department. 20.20 Roadway and roadway approaches to be approved by the ACHD. 20.21 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. 20.22 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - .page 7 ANNEXATION AND ZONING - EAGLE PARTNERS LLC (ADA) requirements. 20.23 No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 20.24 A developer shall comply with all life safety codes of the City of Meridian and shall also comply with City code requirements for water supplies, sprinkler systems, as regulated by the Fire Department. . 20.25 All construction shall conform to the requirements of the Americans with Disabilities Act. 20.26 A development agreement be required as a condition of annexation setting forth these conditions of development. 21. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 20 and all 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 condition of annexation and zoning designation. 22. It is found that the following are development considerations which must be taken into account, in order in assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and oders: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 22.1 To minimize the impact of the neighborhood to the north the applicant shall dedicate to the ACHD a reserved right-of-way on the northern 108 feet of the subject property; 22.2 A roadway placed on the northern boundary of the site will also provide potential elimination of future traffic concerns in the area. 22.3 All speaker drive-throughs to be located on the south side of the McDonald'slChevron fast food convenience facility. 22.4 All speaker drive-throughs to be located on the south side of the Credit Union facility. 22,5 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs shall be permitted. Submission and approval of all signage plans including but not limited to pole signs, reader boards, banners, etc., and specifically any "golden arches" type signage associated with McDonalds and .§œl outside signage associated with the Chevron Gas Stations. These conditions shall be in addition to the requirements of Meridian's sign ordinance. 22.6 The development shall include an additional 20 foot buffer on the north side of the Credit Union facility and an additional 15 feet of landscaping between the Credit Union and the McDonald's/Chevron fast food convenience facility. 22.7 The development shall include construction of a solid wood fence that runs from the southerly boundary of Magic View north to the 108 foot reserved road right-of-way. 22.8 To minimize the impact of the neighborhood to the north the applicant shall dedicate to the ACHD a reserved right-of-way on the northern 108 feet of the subject property; further a landscaped berm shall be developed in the northern 35 feet of the reserved right-of-way and which landscaped berm shall be maintained by developer. 22.9 The Credit Union facility shall operate during normal business hours between 9:00 a.m. to 5:30 p.m. and not open to customers on weekends. 22.10 A minimum of 68 three-inch caliper trees will be required for the paved square footage proposed. 22.11 Particular attention needs to be paid to lighting plans to eliminate as much as FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 ANNEXATION AND ZONING - EAGLE PARTNERS LLC is reasonably necessary to eliminate and/or reduce glare to neighboring properties to the north and west, and in accordance with city Ordinance Section 11-2-41403. 22.12 A minimum of a 35-foot-wide landscape setback is required adjacent to the right-of-way of Eagle Road. 22.13 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9,.606.8. 22.14 Future development in this area will need to have proper access to the traffic signal. 22.15 A development agreement is required as a condition of annexation to insure that the development considerations herein found reasonable are enforced. 23. It is the finding and policy of the City Council that agreements are difficult to enter into prior to annexation ordinances being passed; that the City Council finds that a Development agreement shall be entered into prior to the final plat being approved and prior to issuance of any building permits. 24. The applicant requested zoning of the subject real property as General Retail and Service Commercial (C-G) is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as commercial. 25. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 26. The development of the property as a (C-G) General Retail and Service Commercial District, as requested by the Applicant, will be compatible to the development in the surrounding area subject to the conditions of development herein found to be reasonable in relation to the requested zone (C-G) General Retail and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 ANNEXATION AND ZONING - EAGLE PARTNERS LLC Service Commercial Zoning District and is accordance with the adoptive Comprehensive Plan of the City of Meridian. 27. There are no major or scenic features of major importance that affect the consideration of this applîcation. 28. The subject annexation request and zoning designation and proposed development relates to the goals and policies of the Comprehensive plan of the City as follows: 28.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high-quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 28.2 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. 28.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 28.4 The application is consistent with Meridian's self identity. 28.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 28.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 28.7 Compliance with the requests of the Political subdivisions providing services, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 ANNEXATION AND ZONING - EAGLE PARTNERS LLC assures that community services are being provided for existing and projected needs and that the land use pattems of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 28.8 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the- Comprehensive plan and the Zoning ordinances of the City to the subject application. 29. The property can be physically serviced with City water and sewer, if applicant extends the lines. 30. Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into commercial uses and other uses. 31. The legal description for annexation included in the application doesn't include a portion of the S. Eagle Road right-of-way between the subject site and the St. Luke's site. Applicant shall submit an annexation perimeter legal description for the proposed site. The legal description shall include all those portions of adjacent public rights-of-way contiguous to the Corporate City Limits of the City of Meridian (Ord. No. 659, 812/94), and Y:. of all other adjacent Public Right-of-Ways. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary which is required for the preparation for the annexation ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 ANNEXATION AND ZONING - EAGLE PARTNERS LLC 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 Commission may take judicial notice of govemment ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975" codified at Chapter 65, Title 67, Idaho Code by the adoption of "Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 1. The Goals of the Comprehensive Plan are. set forth at Page 5 and include: 1.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 1.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures goveming the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 ANNEXATION AND ZONING - EAGLE PARTNERS LLC "! 2. 1.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 1.4 To provide housing opportunities for all economic groups within the community. 1.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self- sufficient community. 1.6 To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 1.7 To provide community services to fit existing and projected needs. 1.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 1.9 To encourage a balance of land use patterns to insure that revenues pay for services. 1.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 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. 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 ofthe plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 ANNEXATION AND ZONING - EAGLE PARTNERS LLC MIXED-PLANNED USE DEVELOPMENT AREAS at page 17 Mixed use is a planning category which refers to the coordinated development of several major uses as part of a single project, such as specialty retail/commercial, variable density residential, offices, motels, industrial, service, commercial, and public and semi-public uses. Certain areas have been designated for mixed-planned uses. The development of mixed and planned compatible land uses should be carefully guided through specific project plans, in accordance with the mixed-use policies contained in the Land Use chapter of the Plan. Economic Development Goal Statement Policies, Page 18 1.1 1.2 1.3 1.5 1.6 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. (Emphasis added.) 3. Under LAND USE EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, and include small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 ANNEXATION AND ZONING - EAGLE PARTNERS LLC , , Area of ImPact, Page 22 Comprehensive Plan Map The proposed Mure land use delineation's for the impact area are shown on the Comprehensive Plan Map - Generalized Land Uses, . . . The land use element is based upon these objectives: 4. Planned mixed uses along 1-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. (Emphasis added.) COMMERCIAL ACTIVITY CENTERS, Page 25 In all cases, the locations of Commercial Activity Centers should be guided by performance and developments standards. These standards consider, among other aspects: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Traffic Volume and Type Trip Generation Impacts on Arterial Street System Proximity to Other Commercial Development Impacts on Neighborhood Residential Areas Accessibility of Site Parking Demands Pedestrian Circulation Available Utility Systems Aesthetics (Design Considerations) Use Impacts Upon Other Adjacent Uses Internal Circulation Design Drainage COMMERCIAL POLICIES, Page 26 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. (Emphasis added.) 4. Under TRANSPORTATION, Page 43 Existina Conditions a. Eagle Road, North of Overland, is listed as a principal arterial 5. Under COMMUNITY DESIGN, at Page 71 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 ANNEXATION AND ZONING - EAGLE PARTNERS LLC , . Community Identification Goal Statement Create visual quality and functional identity for the City of Meridian and its surrounding environment. 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 encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. Special Community Desion Areas Goal Statement 2.1 U Require businesses and government to install and maintain landscaping. 2.2U Encourage area beautification through uniform sign design that enhances the community. 2.3U Encourage the beautification of streets, parking lots, public lands, and state highways. 2.5U Encourage the use of attractive open space, landscaping, lighting, and street furniture for the benefit of the public. Entrvwav Corridors Entryway corridors are arterial roadways entering the community that introduce both visitors and residents to Meridian. City- designated gateway arterials include the following streets: p. Eagle Road (North and South entrances) Entryway corridors are a community's front door. It is acknowledged that the corridor's trees (or lack thereof), commercial FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 ANNEXATION AND ZONING - EAGLE PARTNERS LLC , , signage, and site character provide the first, and often times the most lasting, impression of the entire community. Therefore, the entire community and, most specifically its governing bodies, have the right and the responsibility to guide the development and redevelopment that occurs along entryway corridors. Entrance Corridors Goal Statement Promote, encourage, develop and maintain aesthetically- pleasing entrances to the City of Meridian. Policies 4.2U Support ACHD corridor development standards for the entryways to the City. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business or residential development on entrance corridors. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 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: Ie-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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 ANNEXATION AND ZONING - EAGLE PARTNERS LLC . " , 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. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that drive-thru's are listed as conditional uses in the General Retail and Service Commercial (C- G) district. 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 7. development review and conditional use permit processing to insure neighborhood compatibility. 8. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and operate any stores or facilities on this parcel of land. 9. That Planned Development is defined in 11-2-403 Bo at page 20 of the Zoning Ordinance booklet, as follows: An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in anyone or more created districts or this Ordinance. and a Planned General Development is defined as follows: A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 ANNEXATION AND ZONING - EAGLE PARTNERS LLC , " , complimentary conjunction of uses and functions. This PO classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PO which includes a mix of residential, commercial or industrial uses. and a Planned Commercial Development is defined as follows: Any development in which the principal use of land is for commercial purposes. 10. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision. 11. That pursuant to the authority of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 12. That Section 11-9-605 G 1. states as follows: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement. 13. That Section 11-9-605 L states, in part, as follows: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral orcana!. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 ANNEXATION AND ZONING - EAGLE PARTNERS LLC . :' , 14. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. 5. A development pattem in accord with the goals, objectives and policies of the Comprehensive Plan. . . .; 15. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses. That 11-9-607 E, of the Subdivision Ordinance, states in part as follows: A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in the Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section. 16. That 11-9-607 F, of the Subdivision Ordinance, states in part as follows: 1. Planned Developments - Planned developments shall be subject to requirements set forth in the Zoning Ordinance and also subject to all provisions within this Ordinance. ... 8. Financial Guarantees - The developer shall post financial guarantees for all approved on-site improvements if required pursuant to 9-606 C. Since the annexation and zoning of land is a legislative function, the City has 17. authority to place conditions upon the annexation of land. See Burt vs. TheCitv of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 18. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 ANNEXATION AND ZONING - EAGLE PARTNERS LLC . " ., pressurized irrigation systems. 19. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 20. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment conceming 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. 21. As a condition of annexation and the zoning of (C-G) General Retail and Service Commercial, the Applicant shall enter into a development agreement as authorized by Sections 11-2-416 Land 11-2-417 D. of the real property, which is the subject of this application, prior to the passage of an annexation and ordinance of zoning designation; that the applicant enter into a Development Agreement for the development of the subject property, condition of annexation, a condition of zoning (C-G) General Retail and Service Commercial, authorized by Sections 11-2-416 Land 11-2-417 D, Municipal Code of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 ANNEXATION AND ZONING - EAGLE PARTNERS LLC ~ ", ORDER OF DECISION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: 1. That the applicant prepare the legal description for the annexation included in the application which legal description includes a portion of south Eagle Road right-of-way between the subject site and St. Luke's site. Applicant shall submit an annexation perimeter legal description for the proposed site. The legal description shall include all those portions of adjacent public rights-of-way contiguous to the Corporate City Limits of the City of Meridian (Ord. No. 659, 8/2/94), and Y. of all other adjacent Public Right4-Ways. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary which is required for the preparation for the annexation ordinance. 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 event FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23 ANNEXATION AND ZONING - EAGLE PARTNERS LLC , ~. 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 3.2 3.3 3.4 3.5 3.6 3.7 Applicant shall be responsible to install a water main within the right-of-way of the new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. Water service to the proposed site could be to the existing water line installed along the northerly side of Magic View Drive. Developer to provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. As Assessment fees for water and sewer service are determined during the building plan review process Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. In order to assure that the affected and subject area will be served adequately by essential public facilities and services the pretreatment required and addressed on the building permit application red lines for obtaining City sewer service, which is required. In compliance with the requirements of the Central District Health for approval of appropriate proposal for central sewage and central water, as well as approval for plans for food establishments. Sanitary Sewer service to the proposed site could be to the existing line installed in Magic View Drive directly adjacent to the south. 3.8 The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of development to be contingent upon City's treatment plant ability to accept the additional sanitary sewage generated by this proposed development. The Applicant shall be required to connect the property to Meridian water and sewer, extend the water and sewer lines to serve the property, and resolve how the water and sewer mains will serve the property, all of which shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 ANNEXATION AND ZONING - EAGLE PARTNERS LLC ~ " . at the Applicant's, or its successor's, or successors' cost and expense. Said water and sewer requirements shall be performed on or before the time that the Applicant or its successor, or successors desire to use the property or place a user on the property. 3.9 Any existing irrigation/drainage ditches crossing the property to be included in the project are to be tiled per City Ordinance 11-9-605.M. The ditches are to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department with no variances for tiling of any ditches crossing this project. 3.10 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. 3.11 A Land Use Change/Site Development application be filed for review with the Nampa & Meridian lITigation District with all laterals and wasteways affected to be protected. Municipal surface drainage must be retained on site. Any surface drainage leaving the site must be approved by the Nampa & Meridian Irrigation District in accordance with their drainage plans. The Developer must comply with Idaho Code 31-3805. 3.12 The stormwater run-off will be managed with appropriate Best Management Practice. 3.13 Pressurized irrigation shall be installed and constructed. 3.14 Determine the seasonal 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. 3.15 Any existing domestic wells and/or septic systems within the 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 iITigation. 3.16 All ditches, canals, and waterways shall be tiled as a condition of annexation. 3.17 The proposed roadway north of the proposed Idaho Power Credit Union needs to be dedicated as a public roadway with a stub to the west. Future development in this area will need to have proper access to the traffic signal. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25 ANNEXATION AND ZONING - EAGLE PARTNERS LLC .. . . , "-: Applicant shall be responsible to install a water main within the right-of-way of the new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. 3.18 Developer comply with the State of Idaho Transportation Departments requests that a full control area is necessary to maintain adequate traffic operations on Eagle Road and in the vicinity of Interstate 1-84 interchange. 3.19 All development approach locations shall be in accordance with the requirements of the State of Idaho Transportation Department. 3.20 Roadway and roadway approaches to be approved by the ACHD. 3.21 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. 3.22 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 (ADA) requirements. 3.23 No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 3.24 A developer shall comply with all life safety codes of the City of Meridian and shall also comply with City code requirements for water supplies, sprinkler systems, as regulated by the Fire Department. 3.25 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.26 A development agreement is required as a condition of annexation. 3.27 To minimize the impact of the neighborhood to the north the applicant shall dedicate to the ACHD a reserved right-of-way on the northern 108 feet of the subject property; further a landscaped berm shall be developed in the northern 35 feet of the reserved right-of-way and which landscaped berm shall be maintained by developer. 3.28 A roadway placed on the northern boundary of the site will also provide potential elimination offuture traffic concerns in the area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26 ANNEXATION AND ZONING - EAGLE PARTNERS LLC .,. -~ < 3.29 All speaker drive-throughs to be located on the south side of the McDonald'slChevron fast food convenience Store. 3.30 All speaker drive-throughs to be located on the south side of the Credit Union facility. 3.31 All signage shall be in accordance with the standards set forth in Section 11- 2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs shall be permitted. Submission and approval of all signage plans including but not limited to pole signs, reader boards, banners, etc., and specifically any "golden arches" type signage associated with the McDonalds and !!:ri outside signage associated with the Chevron Gas Stations. These conditions shall be in addition to the requirements of Meridian's sign ordinance. 3.32 The development shall include an additional 20 foot buffer on the north side of the Credit Union facility and an additional 15 feet of landscaping between the Credit Union and the ChevronlMcDonald's facility. 3.33 The development shall include construction of a solid wood fence that runs f from the southerly boundary of Magic View north to the 108 foot reserved road right-of-way. 3.34 The Credit Union facility shall operate during normal business hours between 9:00 a.m. to 5:30 p.m. and not open to customers on weekends. 3.35 A minimum of 68 three-inch caliper trees will be required for the paved square footage proposed. 3.36 Particular attention needs to be paid to lighting plans to eliminate as much as is reasonably necessary to eliminate and/or reduce glare to neighboring properties to the north and west, and in accordance with city Ordinance Section 11-2-414D3. 3.37 A minimum of a 35-foot-wide landscape setback is required adjacent to the right-of-way of Eagle Road. 3.38 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.8. 3.39 Future development in this area will need to have proper access to the traffic signal. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27 ANNEXATION AND ZONING - EAGLE PARTNERS LLC "'~ ~ ~ ""',",P "'"," It is therefore concluded that the annexing and zoning of the property is in the best interest of the City of Meridian, and it is concluded that the annexation shall be conditioned upon meeting the requirements of this Decision and Order. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The City Council of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COUNCILMAN KEITH BIRD VOTED /jJ.¿-J VOTED ~ VOTED ¡;¡ ÞI4.i.~."..f COUNCILMAN RON ANDERSON COUNCILMAN CHARLIE ROUNTREE VOTED ~ VOTED COUNCILMAN GLENN BENTLEY MOTION: APPROV 091598-Final DISAPPROVED: RECEIVED SEP 1 5 1998 CITY OF MERIDIAN FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28 ANNEXATION AND ZONING - EAGLE PARTNERS LLC