Chevron / McDonalds Eagle
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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
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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
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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
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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.
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STATE OF IDAHO)
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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.
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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
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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.
Parcel contains 5.980 acres.
Site Plan Incllld;¡j
EXHIBIT B
DEVELOPMENT AGREEMENT
EAGLE PARTNERS LLC ANNEXATION/ZONING
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15
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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.
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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
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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
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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
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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
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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!.
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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
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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.
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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
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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
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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.
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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.
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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.
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""',",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
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