El Dorado Subdivision AZ 01-018
PARTIES:
1.
2.
3.
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 02107103 01:25 PM
DEPUTY All Larrondo
RECOROED-REQUEST OF
MERIDIAN CITY
AMOUNT .00
DEVELOPMENTAGREEMlliNl
40
1111111111111111111111111111111111111
11')3020830
City of Meridian
Kimball Properties Limited Partnership, Managing Partner:
Winston H. Moore, Owner
W.H. Moore Company, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this 2Iffþ day of ~ ' '2PO3. by and between CITY OF
MERIDIAN, a municipal corporation ofilie State ofIdaho, hereafter called "CITY" and
KlMBALLPROPERTIES LIMITED PARTNERSHIP, MANAGING PARTNER:
WINSTON H. MOORE, hereinafter called "OWNER/DEVELOPER", whose address is
PO Box_8204, Boise, Idaho 83707.
1.
RECITALS:
1.1
1.2
1.3
1.4
WHEREAS, Owner/Developer is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit A, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
WHEREAS, I.C. §67-65 I lA, Idaho Code, provides that cities
may, by ordinance, require or pennit as a condition of re-zoning
that the Owner/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 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
WHEREAS, Owner/Developer has submitted an application for
annexation and zoning of the Property as described in Exhibit A,
and has requested a designation of (C-C) Community Business
District and (C-G) General Retail and Service Commercial District,
(Municipal Code ofthe City of Meridian); and
1.5
WHEREAS, Owner/Developer made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject
Property will be developed and what improvements will be made;
and
1.6
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject Property held
DEVELOPMENT AGREEMENT (AZ-OI-O18) - 1
1.7
1.8
1.9
1.10
1.11
before the Planning & Zoning Commission, and subsequently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment;
and
WHEREAS, City Council, the 2nd day of April, 2002, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, (AZOI-018 and PP-OI-020), set forth in
Exhibit B, which are attached hereto and by this reference
incorporated herein as if set forth in full, hereinafter referred to as
(the "Findings); and
WHEREAS, following the City's approval to annex and zone the
Property, the City approved conditional use pennit CUP-OI-037
(CUP-OI-037) governing the detailed development requirements
for the Property. On or about April 2, 2002, the City adopted
findings off act and conclusions oflaw supporting CUP-OI-037.
WHEREAS, the Findings require the Owner/Developer enter into
a development agreement before the City Council takes final action
on annexation and zoning designation; and
WHEREAS, City requires the Owner/Developer to enter into a
development agreement for the purpose of ensuring that the
Property is developed and the subsequent use ofthe Property is in
accordance with the tenns and conditions of this development
agreement, herein being established as a result of evidence
received by the City in the proceedings for annexation and zoning
designation from government subdivisions providing services
within the planning jurisdiction and from affected property owners
and to ensure annexation and zoning designation is in accordance
with the Comprehensive Plan of the City of Meridian adopted
December 21,1993, Ordinance #629, January 4,1994, and the
Zoning and Development Ordinances codified in Meridian City
Code Title 11 and Title 12.
OWNERIDEVELOPER agree that they are entering into this
agreement voluntarily to satisfy the conditions ofthe City's
approvals sought by Owner/Developer and that the tenns hereof
have been negotiated by Owner/Developer with the assistance of
competent legal counsel of their own choosing.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
DEVELOPMENT AGREEMENT (AZ-OI-O18) - 2
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following
words, terms, and phrases herein contained in this section shall be defined and interpreted
as herein provided for, unless the clear context of the presentation of the same requires
otherwise:
3.1
3.2
3.3
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state ofIdaho, organized and existing by virtue
oflaw of the State ofIdaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
"OWNERIDEVELOPER": means and refers to Kimball
Properties Limited Partnership, Managing Partner: Winston H.
Moore, whose address is PO Box 8204, Boise, Idaho 83704, the
party developing said "Property" and shall include any subsequent
owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit "A", attached hereto and by this reference
incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
4.2
The portion ofthe Property bounded on the North by Overland
Road, on the east by Eagle Road, on the south by Goldstone Point
and on the west by Bonito Way shall be zoned CoCo The
remainder of the Property shall be zoned CoG. These boundaries
are depicted on Exhibit "c" attached hereto and incorporated
herein as if set forth in full.
For purposes of this Section, the Property shall be divided into two
sections. The first section of the Property is comprised of those
lots which are contiguous to the right-of-way for the Ridenbaugh
Canal, as depicted on Exhibit "C". This section is referred to as
the "Ridenbaugh Section." The second section of the Property is
the remainder of the Property, referred to as the "Main Section,"
also as depicted on Exhibit "C". The paragraphs below describe
the uses allowed in the Main Section and the Ridenbaugh Section.
4.3
In the Main Section, the Owner/Developer may construct any use
permitted in the underlying zone upon issuance of a Certificate of
Compliance and building pennit for such use. I.e., the developer
DEVELOPMENT AGREEMENT (AZ-OI-O18) - 3
4.4
may construct uses permitted in the C-C zone for lots zoned C-C
and uses pennitted in the CoG zone for lots zoned CoG. In
addition, Owner/Developer may construct the other pennitted uses
listed in Exhibit "D" (which is attached hereto and incorporated
herein as if set forth in full) on any lot in the Main Section.
Further, Exhibit "D" lists certain uses that are allowed in the Main
Section upon issuance of a conditional use pennit, pursuant to the
City's approval requirements for such pennits. Finally, all uses
prohibited in the underlying CoG or CoG zone are prohibited in the
Main Section, and Exhibit "D" outlines additional prohibited uses.
In the Ridenbaugh Section, all uses allowed in the L-O zone and
flex uses are pennitted uses. All other uses listed in Exhibit "D" as
either allowed or conditional uses are allowed in the Ridenbaugh
Section as conditional uses. All uses prohibited in the underlying
CoG zone are prohibited in the Ridenbaugh Section, as are all
prohibited uses listed in Exhibit "D".
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY.
5.1
5.2
5.3
Owner/Developer agrees to develop the Property in confonnance
with the Decisions and Orders issued in AZ-OI-I08, PP01-020 and
CUP-OI-037, except as those requirements maybe modified by
mutual agreement.
Building height in the Ridenbaugh Section is limited to 35 feet.
Owner/Developer agrees to develop the Property in confonnance
with the Zoning and Development Ordinance in effect at the time
of development, except where said ordinances conflict with CUP-
01-037, in which instances the approved conditions will supercede. I
I
6.
DEFAULT:
6.1
Events of Default. The following shall be events of default under
this Agreement:
6.1.1
Construction and dedication of certain public
improvements required byPP-OI-020 and CUP 01-0137
must be completed within two (2) years ofthe effective
date of this Agreement. Failure to complete the following
conditions ofCUP-01-037 (and corresponding conditions
in PP-OI-020) within the stated timeframe shall constitute a
default: 1, 19-35,37,38,50 and 52. I
DEVELOPMENT AGREEMENT (AZ-OI-O18) - 4
6.1.2 Failure to comply with any other requirement of AZ-OI-
018, PP-OI-020, and CUP 01-0137.
6.1.3 Failure to comply with the permitted use requirements of
Paragraph 5 above.
6.1.4 Failure to comply with the height limitations established for
the Ridenbaugh Section.
6.1.5 Failure of Owner/Developer to comply with any applicable
Ordinance of the City of Meridian. To the extent that the
violation only affects a part of the Property, the default of
this Agreement shall only be deemed to affect that same
portion of the Property.
6.2
Notice and opportunity to cure. If the City alleges that a breach
of this Agreement has occurred, the City shall provide written
notice pursuant to paragraph 11 to Owner/Developer.
Owner/Developer shall have thirty (30) days from receipt of notice
to initiate commencement of action to correct the breach and cure
the default, which action must be prosecuted with diligence and
completed within one hundred eighty (180) days.
6.2.1
Provided, however, that in the case of any such default
which cannot with diligence be cured within such one
hundred eighty (180) day period, then the time allowed to
cure such failure is extended for such period as may be
necessary to complete the curing of the same with diligence
and continuity. I
6.2.2 In the event the perfonnance of any covenant to be
perfonned hereunder by either Owner/Developer or City is
delayed for causes which are beyond the reasonable control
of the party responsible for such perfonnance, which shall
include, without limitation, acts of civil disobedience,
strikes or similar causes, the time for such perfonnance
shall be extended by the amount of time of such delay.
6.2.3 A waiver by City of any default by Owner/Developer of any
one or more of the covenants or conditions hereof shall
apply solely to the breach and breaches waived and shall
not bar any other rights or remedies of City or apply to any
subsequent breach of any such or other covenants and
conditions.
DEVELOPMENT AGREEMENT (AZ-OI-O18) - 5
6.3
Remedies. In the event of default, the parties shall have the
following options:
6.3.1
In the event of default by OwnerlDeveloper,
OwnerlDeveloper shall be deemed to have consented to
modification ofthis Agreement, de-annexation or reversal
of the zoning designations described herein, upon the City's
compliance with all applicable laws, ordinances and rules.
Owner/Developer reserves all rights to contest whether a
default has occurred.
6.3.2 If any default arises solely from the act or omission of a
successor owner of any lot or parcel within the Property,
the remedies set forth herein shall apply only to such lot or
parcel.
6.3.3 This Agreement shall be enforceable in any court of
competent jurisdiction by either City or Owner/Developer,
or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement may be sought by an
appropriate action at law or in equity to secure the specific
perfonnance of the covenants, agreements, conditions, and
obligations contained herein.
7. INSPECTION: OwnerlDeveloper shall, immediately upon completion of
any portion or the entirety of said development of the Property as required by this
agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the tenns and conditions ofthis Development Agreement and
all other ordinances of the City that apply to said Development.
8. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
OwnerlDeveloper's cost, and submit proof of such recording to Owner/Developer, prior
to the third reading of the Meridian Zoning Ordinance in connection with the annexation
and zoning of the Property by the City Council. If for any reason after such recordation,
the City Council fails to adopt the ordinance in connection with the annexation and
zoning of the Property contemplated hereby, the City shall execute and record an
appropriate instrument of release of this Agreement.
9. ZONING: City shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the Property as specified herein.
10. SURETY OF PERFORMANCE: The City may, but is not obligated to,
require surety bonds, irrevocable letters of credit, cash deposits, certified checks or
negotiable bonds, as allowed under Meridian City Code Section 12-5-3, as required by
DEVELOPMENT AGREEMENT (AZ-OI-O18) - 6
PP-OI-020 and CUP 01-0137, to insure installation of the improvements, which the
OwnerlDeveloper agrees to provide, if required by the "City".
11. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that
no Certificates of Occupancy will be issued until all improvements. are completed, unless
(a) the City and OwnerlDeveloper enter into a written addendum hereto setting forth
pennitted phasing of the improvements, and (b) all improvements for the phase
applicable to the facility for which the Certificate of Occupancy is requested have been
completed.
12. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY:
OWNER/DEVELOPER:
c/o City Engineer
Kimball Properties Limited Partnership,
Managing Partner: Winston H. Moore
P.O. Box 8204
Boise, ill 83707
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
12.1
A party shall have the right to change its address by delivering to
the other party a written notification thereof in accordance with the
requirements of this section.
13. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable attorney's
fees as detennined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, tennination or
forfeiture of this 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 perfonn any of the obligations
DEVELOPMENT AGREEMENT (AZ-O1-018) - 7
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perfonn.
15. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the parties' respective heirs, successors, assigns and
personal representatives, including City's corporate authorities and their successors in
office. This Agreement shall be binding on the owner of the Property, each subsequent
owner and any other person acquiring an interest in the Property. Nothing herein shall in
any way prevent sale or alienation of the Property, or portions thereof, except that any
sale or alienation shall be subject to the provisions hereof and any successor owner or
owners shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees, upon written request of OwnerlDeveloper, to execute appropriate
and recordable evidence of termination of this Agreement if City, in its reasonable
discretion, detennines that OwnerlDeveloper has fully perfonned its obligations under
this Agreement.
16. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
17. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Owner/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
Owner/Developer and City, other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this Agreement
shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly
adopted ordinance or resolution of City.
17.1
No condition governing the uses and/or conditions governing
development of the subject Property herein provided for can be
modified or amended without the approval of the City Council
after the City has conducted public hearing(s) in accordance with
the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
18. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the Property
and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-OI-O18) - 8
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNERIDEVELOPER:
KlMBALLPROPER ED
PARTNERSHIP, MANAGING PARTNER:
WINSTON H. MOORE
Attest:
BY:
STATE OF IDAHO )
):ss
COUNTY OF ADA )
On this 21 )t day of Jtítnvlí\..Yy , in the year 2003,
before me, tt1ft":7V1 Co I tvV1 ~ Notary Public, personally
appeared Winston H. Moore, managing partner of Kimball Properties Limited
Partnership, known or identified to me to be the person who executed the instrument and
ackno;Øiò!Ø¿~ me that he executed the same.
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DEVELOPMENT AGREEMENT (AZ-O1-018) - 9
STATE OF IDAHO)
):ss
County of Ada )
On this 1J; day of 1 ~ . ,in the year 2003,
before me, a Notary Public, personally app~obert D. Come and Wilham G. Berg,
know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said
City, and acknowledged to me that such City executed the same.
(SEAL)
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DEVELOPMENT AGREEMENT (AZ-Ol-018) -10
EXHIBIT A
Leea1 Descriotion OfProoertv
c-c
A parcel ofland located in the NE If. of Section 20, Township 3 North,
Range I East, Boise Meridian, Ada County, Idabo, more particularly
described as follows:
BEGINNING at the northeast corner of said Section 20; thence, along the
northerly line of said section said northerly line also being the centerline of
Overland Road
South 89°46'25" West 1030.51 feet; thence leaving said northerly line
South 00°13'37" East 202.01 feet to a point of curvature; thence
Along said curve to the left, said curve having a radius of 700.00 feet, an
arc length of223.84 feet, a central angle of 18°19' 18", and a chord bearing
South 09°23' 16" East a distance of222.89 feet; thence
South 18°32'55" East 108.43 feet to a point of curvature; thence
Along said curve to the right, said curve having a radius of2000.00 feet, an
arc length of 1047.10 feet, a central angle of29°59'50", and a chord
bearing South 03°33'00" East a distance of 1035.19 feet; thence
South 78°33'05" East 278.98 feet to a point of curvature; thence,
Along said curve to the right, said curve having a radius of 750.00 feet, an
arc length of314.43 feet, a central angle of24°01' 14", and a chord bearing
South 66°32'28" East a distance of312.13 feet to a point of reverse
curvature; thence
Along said curve to the left, said curve having a radius of350.00 feet, an
arc length of216.67 feet, a central angle of35°28'09", and a chord bearing
South 72°15'56" East a distance of213.23 feet; thence
South 90°00'00" East 124.11 feet to the easterly line of said NE If., said
easterly line also being the centerline of South Eagle Road; thence along
said easterly line
North 00°14'50" East 1806.57 feet to the POINT OF BEGINNING.
Said parcel contains 35.66 acres, more or less, and SJ,Ibject to all covenants,
rights, rights-of-way, and easements of record.
DEVELOPMENT AGREEMENT (AZ-01-018) - 11
CoG
A parcel of land located in the NE V. of Section 20, Township 3 North,
Range I East, Boise Meridian, Ada County, Idaho, more particularly
described as follows:
COMMENCING at the northeast corner of said Section 20; thence, along
the northerly line of said section, said northerly line also being the
centerline of Overland Road South 89°46'25" West 1030,51 feet to the
POINT OF BEGINNING; thence, leaving said northerly line
South 00°13'37" East 202,01 feet to a point of curvature; thence
Along said curve to the left, said curve having a radius of 700,00 feet, an
arc length of223.84 feet, a central angle of 18°19'18", and a chord bearing
South 09°23' 16" East a distance of222,89 feet; thence
South 18°32'55" East 108.43 feet to a point of curvature; thence
Along said curve to the right, said curve having a radius of2000,00 feet, an
arc length of 1047, 10 feet, a central angle of 29° 59' 50", and a chord
bearing South 03°33'00" East a distance of 1035.19 feet; thence
South 78°33'05" East 278.98 feet to a point of curvature; thence
Along said curve to the right, said curve having a radius of750,00 feet, an
arc length of314.43 feet, a central angle of 24°0 1 , 14", and a chord bearing
South 66°32'28" East a distance of312.13 feet to a point of reverse
curvature; thence
Along said curve to the left, said curve having a radius of 350.00 feet, an
arc length of216.67 feet, a central angle of35°28'09", and a chord bearing
South 72°15'56" East a distance of213.23 feet; thence
South 90°00'00" East 124.11 feet to the easterly line of said NE v., said
easterly line also being the centerline of South Eagle Road; thence along
said easterly line
South 00°14'50" West 845.35 feet to the southeast corner of said NE v.;
thence along the easterly line of the SE V. of said Section 20
South 00°00'01" West 196.19 feet; thence, leaving said easterly line
North 68°20'09" West 26,90 feet to the northeast comer of Lot 34, Block
4 of Thousand Springs Subdivision No. I, as shown on the official plat
thereof recorded in Book 78, at pages 8248 through 8249, Ada County
Records; thence along the northerly boundary of said subdivision the
following courses:
North 68°20' II" West 339.40 feet to a point of curvature; thence,
DEVELOPMENT AGREEMENT (AZ-01-018) - 12
Along said curve to the left, said curve having a radius of250.00 feet, an
arc length of 222.34 feet, a central angle of50057'20" and a chord bearing
South 86°11'17" West a distance of215.08 feet; thence
South 60°42'38" West 121.50 feet to a point of curvature; thence
Along said curve to the right, said curve having a radius of 200.00 feet, an
arc length of 116.45 feet, a central angle of33°21 '36" and a chord bearing
South 77°23'26" West a distance of 114.81 feet; thence
North 85°55'46" West 561.12 feet to the westerly line ofthe East 'h of the
SE Yo of said Section 20; thence leaving said Subdivision line along said
westerly line
North 00°11 '30" East 118.01 feet to the southwest corner of the NE V. of
said Section 20; thence along the southerly line of said NE Yo
South 89°54'39" West 84.04 feet; thence leaving said southerly line
North 01°42'57" East 2649.82 feet to the northerly line of the NE V. of
said Section 20; thence along said northerly line
North 89°46'25" East 20.00 feet to the East 1/161h corner common to said
Sections 17 and 20; thence continuing along said northerly line,
North 89°46'25" East 298.00 feet to the POINT OF BEGINNING.
Said parcel contains 52.13 acres, more or less and subject to all covenants,
rights, rights-of-way, and easements of record.
DEVELOPMENT AGREEMENT (AZ-Ol-018) - 13
EXHIBIT B
Findinl!s of Fact aud Conclusions of Law
DEVELOPMENT AGREEMENT (AZ-Ol-018) -14
BEFORE THE MERIDIAN CITY COUNCIL
CJC 03-19-02
Revised 04/02/02
IN THE MATTER OF THE )
APPLICATION OF W.H. )
MOORE COMPANY, THE )
APPLICATION FOR )
ANNEXATION AND ZONING)
OF 85.36 ACRES FOR )
PROPOSED EL DORADO )
BUSINESS CAMPUS, LOCATED)
AT THE SOUTHWEST )
CORNER OF E. OVERlAND )
ROAD AND S. EAGLE ROAD, )
MERIDIAN, IDAHO )
Case No. AZ-OI-018
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on for
public hearing on March 19, 2002 at the hour of 6:30 p.m., and Shari Stiles,
Planning and Zoning Administrator, and Jonathan Seal, Joseph Waters, Frank
Harron, Chris McMasters, and Cornell Larsen, appeared and 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 Decision and
Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-018)
FINDINGS OF FACT
1.
There has been compliance with all notice and hearing requirements set
fonh in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5
and 11-16-1.
2.
The City Council talœs judicial notice of its zoning, subdivisions and
developrnent ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
adopted Decernber 21,1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance Establishing the Impact Area Boundary.
3.
The property which is the subject to the application for annexation and
zoning is described in the application, and is approximately 85.36 acres in size, is
located at the southwest corner of E. Overland Road and S. Eagle Road, Meridian,
Idaho, all within the Area of Irnpact of the City of Meridian and the Meridian Urban
Service Planning Area.
4.
The owner of record of the subject property is Kimball Properties
Lirnited Partnership, Managing Partner: Winston H. Moore, and the Applicant is W.
H. Moore Company.
5.
The property is presently zoned RUT and consists of vacant land.
6.
The Applicant requests the property be zoned as C-C and CoG, with the
intent to develop and construct 34 building lots and 17 other lots for a proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-O18)
commerdal development known as the EI Dorado Business Campus, consisting of a
mix of uses such as office, retail, restaurants, and hotels/motels, which is consistent
with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as MixedIPlanned Development.
7.
The subject property is bordered to the north and west by County
zoned residential property, to the east by the SilverstOne Corporate Center, and to
the south by Thousand Springs Subdivision.
8.
There are no significant or scenic features of major irnportance that
affect the consideration of this application.
9.
The City Council has taken into consideration the concerns of Bradley
Miller, a neighboring property owner, and Thomas and Nancy Connolly, residents of
a neighboring subdivision.
10.
Giving due consideration to the comment received from the
governrnental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not irnpose expense upon the public if the following conditions of development are
irnposed:
Adopt the Recomrnendations of the Planning and Zoning and Engineering staff
as follows:
1.
A Developrnent Agreement shall be entered into between the City of Meridian
and the Applicant. The Development Agreernent shall require that certain uses
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-O18)
within the subdivision shown as conditional in the attached exhibit be approved
though the Conditional Use Permit process. The list of permitted uses shall
include all those listed in the exhibit subrnitted with the application, ,vith any
rnodifications, if required. Developrnent of the properties South of the proposed
Copper Pointe Drive lying across the Ridenbaugh Canal from Thousand Springs
Subdivision shall be required to obtain a separate Conditional Use Pennit unless
professional office or flex uses are proposed, which were defined by the
Comrnission to be "uses permitted in the L-O zone", such uses do not require a
CUP. Buildings in this area shall not exceed a height of 35 feet.
2.
A condition of the Development Agreement shall be to construct a rnulti-use
pathway adjacent to the Ridenbaugh Canal's north baru( in accordance with
the design and alignrnent requirements of the Meridian Parks & Recreation
Departrnent proposed standards under CUP Site Specific Conditions, itern # I)
and the Nampa Meridian Irrigation District. The pathway along the canal
must be constructed before the first building permit may be issued for any
buildings South of Copper Pointe Drive.
3.
New legal descriptions for new zone boundaries shall be submitted.
4.
Zoning of C-C is restricted to all propeny nonh of Goldstone Way and east of
King Salmon Way. The southern boundary of propeny along the Canal and
south of Copper Point shall be zoned CoG. The rernainder of the propeny
shall be zoned CoG.
Adopt the Recornrnendations of the ACHD as follows:
l.
In order to reduce trips to and frorn this development it is recommended that
tenants occupying the proposed building shall be required to provide an
Alternative Transponation Program for employees and provide an annual
repon to ACHD on employee panicipation. Commuteride staff shall
coordinate the Alternative Transponation Program with the applicant
2.
In order to reduce trips to and from this developrnent, the tenants occupying
the proposed building(s) shall be required to panicipate in any Transponation
Management Association (TMA) or Transponation Management Organization
(TMO) that is formed with a boundary that includes this site or is adjacent to
this development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-OIS)
3.
The Overland/Eagle Road and Meridian/Overland Road intersections operate
at a Level of Service F (LOS F), and are listed as one of the 100 most critical
intersections in Ada County. Access control within the operating area of the
intersection is vital to the safe operations of the intersection. The subject site's
additional traffic shall exacerbate the traffic problems at these intersections.
4.
Based on development patterns in this area and the resulting traffic generation,
staff anticipates that the transportation systern shall not be adequate to
accommodate additional traffic generated by this proposed development at
accepted levels of service without rnodifications to Eagle Road and Overland
Road,. and the intersection.
5.
Dedicate 54 to 48-feet of right-of-way from the centerline of Overland Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or other
required permits), whichever occurs first.
6.
Dedicate 52 to 48-feet of right-of-way frorn the centerline of Eagle Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or other
required permits), whichever occurs first.
7.
Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-
feet within the new right-of-way. Coordinate the location and elevation of the
sidewalk with District staff. If the sidewalk rneanders outside of the right-of-
way, provide an easement for the sidewalk
8.
Construct a 5-foot wide detached concrete sidewalk on Overland Road located
2-feet within the new right:of-way. Coordinate the location and elevation of
the sidewalk with District staff. If the sidewalk rneanders outside of the right-
of-way, provide an easement for the sidewalk..
9.
Construct the proposed driveway on Overland Road approximately 240-feet
west of Eagle Road. This driveway meets District policy as a right-in/right-out
driveway only and is approved with this application. The applicant shall
coordinate with the Districts Traffic Services Division to determine a means to
restrict this driveway to a right-in/right-out driveway only (i.e. raised median,
internal island, etc.).
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-018)
IS.
16.
17.
18.
10.
Construct the proposed drivewav on Overland Road approxirnately 550-feet
west of Eagle Road as a full-access driveway. This driveway meets District
policy and is approved with this application.
II.
Construct the proposed public ~ access point located on Overland Road
approximately 950-feet west of Eagle Road as a collector roadway. This
location is granted a modification of policy and is approved ,vith this
application.
12.
Constmct the proposed public roadway on Eagle Road approxirnately 700-feet
south of Overland Road as a full-access roadway. This roadway meets District
policy and is approved with this application.
13.
Construct the proposed driveway on Eagle Road located approxirnately 1,150-
feet south of Overland Road. This driveway was granted as a modification of
policy by the District's Conunission on January 16, 2002.
14.
Construct the proposed public roadway on Eagle Road approxirnately 1,700-
feet south of Overland Road. This roadway rneets District policy and is
approved with this application.
Construct the proposed public roadway on Eagle Road approxirnately 2,400-
feet south of Overland Road as a full access roadway. This roadway meets
District policy and is approved with this application.
Construct the proposed spine road with connections at Overland Road and
Eagle Road, as proposed. This roadway shall be constructed as a 46.foot street
section with curbs, gutters and sidewalks within 70-feet of right-of-way, as
proposed. Parking shall be restricted on the proposed street, and the applicant
shall submit a signage plan prior to final plat approval.
Construct the proposed roadway on Eagle Road located approxirnately 1,700-
feet south of Overland Road to align with the roadway that was approved with
the Silverstone Corporate Center. This roadway shall be constmcted as a 46-
foot street section with curbs, gutters and sidewalks within 70-feet of right-of-
way. Parking shall be restricted on the proposed street, and the applicant shall
subrnit a signage plan prior to final plat approval.
Construct the proposed roadway on Eagle Road located approximately 700-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-018)
19.
20.
21.
22.
23.
24.
25.
26.
27.
feet south of Overland Road is proposed to offset a driveway that was
approved with the Silverstone Corporate Center. This roadway shall be
constructed as a 46-foot street section with curbs, gutters and sidewalks within
70-feet of right-of-way. Parking shall be restricted on the proposed street, and
the applicant shall submit a signage plan prior to final plat approval.
Construct center turn lanes on Overland Road and Eagle Road for the
proposed public street intersections and for all of the full access driveways.
Construct a left turn bay at the main entrance on Eagle Road.
Enter into a three way written agreement with the District for the cost and
specific location of the traffic signal on Eagle Road.
Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat shall be owned and rnaintained by a property owners'
association. Notes of this shall be required on the final plat.
Construct a stub street to the west property line. The applicant has proposed
that the stub street be located approximately 450 feet north of the south
property line. Staff is supportive of this location or any location that is located
south of the proposed Lot 11. The applicant shall construct the stub street
and provide a paved ternporary turnaround at the west end of the stub street
with a temporary easement provided to the District. The applicant shall be
required to install a sign at the terminus of the roadway stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan
for the stub street, and the design of the turnaround (if necessary) with
District staff.
The turnarounds shall be constructed to provide a minirnum turning radius of
55-feet.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District.
If utility relocation is necessary to construct improvements required with this
development, then all utility relocation costs associated with improving street
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-018)
8.
1.
2.
frontages abutting the site shall be borne by the developer.
28.
Other than the access points specifically approved with this application, direct
lot or parcel access to Eagle Road and Overland Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final plat.
Adopt the Meridian Fire Departrnent Recomrnendations as follows:
1.
A fire-flow consistent with Appendix III-A of the Uniform Fire Code shall be
provided to service the entire project. Fire hydrants shall be placed an average
of 400' apart at approved locations.
2.
Operational fire hydrants and temporary or permanent street signs are required
before cornbustible construction begins.
3.
Acceptance of water supply for fire protection is contingent upon acceptance of
the water systern by the City of Meridian.
4.
Final approval for fire hydrant location shall be by the Meridian Fire
Departrnent.
5.
All turning radii shall be a rninimum of 28' inside and 48' outside.
6.
Insure that all yet undeveloped parcels are rnaintained free of combustible
vegetation.
7.
The roadways shall be built to Ada County Highway standards.
Provide an approved turnaround on the West end of Goldstone Way or
provide a connection to the adjacent project.
Adopt the Recommendation of the Nampa & Meridian Irrigation District.
Applicant shall apply for a land use change/site application.
If a pressure urban irrigation system will be owned, operated and maintained
by the District, then the Developer shall contact the District concerning the
installation of the pressure system.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-018)
4.
3.
Fill out and return the required questionnaire penaining to the initiation
process of contractual agreements between the owner or developer and the
District, for the ownership. operation and maintenance of the pressure urban
irrigation system.
Adopt the Recornmendations of the Central District Health Department as
follows:
1.
The Applicant's central sewage and central water plans must be submitted to
and approved by the Idaho Departrnent of Health & Welfare, Division of
Environmental Quality.
2.
Run-off is not to create a rnosquito breeding problern.
3.
Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent irnpact to groundwater and surface water quality.
The Engineers and architects involved with the design of the subject project
shall obtain current best managernent practices for stormwater disposal and
design a stormwater managernent system that prevents groundwater and
surface water degradation.
11.
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.1 O. and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, a condition of ánnexation and zoning designation.
12.
It is also found that the developrnent considerations as referenced in
Finding No. 10 are reasonable to require and must be taken into account, in order to
assure the proposed developrnent 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-018)
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, srnoke, fumes, glare and odors. But,
additional landscaping buffers and design features will be required to make the
proposed use more harmonious with the general vicinity and to comply with City
Ordinances.
13.
It is found that the zoning of the subject real property as Community
Business District (C-C) and General Retail And Service Commercial (C-G) requires
connection to the Municipal Water and Sewer systems and will be compatible with
the Applicant's development intentions, and will assure that the zoning is consistent
with the Meridian Cornprehensive Plan Generalized Land Use Map which designates
the subject property as MixedJPlanned Developrnent.
14.
The subject annexation request and zoning designation and proposed
development relates and is cornpáûble to the goals and policies of the Comprehensive
Plan
15.
The property can be physically serviced with City water and sewer, since
the applicant has extended the lines.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-OI8)
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 Meridian City Code § 11-16 provides the City may
annex real property that is within the Meridian Urban Service Planrung Area as set
forth in the City's Comprehensive Plan.
2.
The Council may take judicial notice of govemrnent 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 PlanrungAct of 1975", codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Cornprehensive Plan City of Meridian adopted
Decernber 21,1993, Ord. No. 629, January 4,1994.
4.
The following are found to be pertinent provisions of the City of
Meridian Cornprehensive Plan and are applicable to this Application:
Goals 1 through 10, inclusive.
5.
The zoning of Comitiunity Business District (C-C) and General Retail and
Service Commercial (C-G) are defined in the Zoning Ordinance at § 11-7-2 I and K as
follows:
(C-C) Community Business District: The purpose of the C-C District is to
permit the establishrnent of general business uses that are of a larger scale than
a neighborhood business, and to encourage the development of modem shopping
centers with adequate off-street parking facilities, and associated site amenities
to serve area residents and employees; to prohibit strip commercial development
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page II
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-018)
and encourage the clustering of cornmercial enterprises. All such districts shall
have direct access to a transponation anerial and collector and be connected to
the Municipal water and sewer systerns of the City.
AND
(CoG) General Retail And Service Commercial District: The purpose of the
CoG 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 cornmercial uses which are auto and service oriented and are located
in close proximity to major highway or anerial streets; to fulfill the need of travel-
related services as well as retail sales for the transient and pennanent motoring
public. All such districts shall be connected to the Municipal water and sewer
systerns of the City, and shall not constitute strip commercial development and
encourage clustering of commercial developrnent. .
6. Since the annexation and zoning of land is a legislative function, the City
has authority to place conditions upon the annexation of land. See Bun vs. The City of
Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
7.
The developrnent of the annexed land, if annexed, shall meet and comply
with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-
4 which penains to development time schedules and requirernents; Section 12-4-13,
which penains to the piping of ditches; årid Section 12-5-2 N, which penains to
pressurized irrigation systems, and Zoning and Subdivision and Developrnent Ordinance
of the City of Meridian.
8.
Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance
the owner and/or developer shall enter into a Development Agreernent, if such is
required by the City.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-OI8)
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1.
The applicant's request for annexation and zorung of approximately 85.36
acres to Community Business District (C-C) and General Retail And Service Commercial
(C-G) is granted subject to the terms and conditions of this Order hereinafter stated.
2.
The application is for annexation and zoning of 85.36 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall confonn to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
/'
Corporate City Lirnits per Ordinance No. 686.
3.
Developer shall be required to met the conditions set forth and in the
event the conditions herein are not met by the Developer that the property shall be
subject to de-annexation, with thi:: City of Meridian, which provides for the following
conditions of development, to-wit:
Adopt the Recornrnendations of the Planning and Zoning and Engineering staff
as follows:
1.
A Developrnent Agreement shall be entered into between the City of Meridian
and the Applicant. The Developrnent Agreernent shall require that certain uses
within the subdivision shown as conditional in the attached exhibit be approved
though the Conditional Use Pennit process. The list of permitted uses shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-OI8)
include all those listed in the exhibit subrnitted ,vith the application, with any
modifications, if required. Development of the properties South of the proposed
Copper Pointe Drive lying across the Ridenbaugh Canal from Thousand Springs
Subdivision shall be required to obtain a separate Conditional Use Permit unless
professional office or flex uses are proposed, which were defined by the
Commission to be "uses permitted in the L-O zone", such uses do not require a
CUP. Buildings in this area shall not exceed a height of 35 feet.
2.
A condition of the Development Agreement shall be to construct a multi-use
pathway adjacent to the Ridenbaugh Canal's north bank in accordance with
the design and alignrnent requirernents of the Meridian Parks & Recreation
Department proposed standards under CUP Site Specific Conditions, item #1)
and the Nampa Meridian Irrigation District. The pathway along the canal
must be constructed before the first building permit may be issued for any
buildings South of Copper Pointe Drive.
3.
New legal descriptions for new zone boundaries shall be submitted.
4.
Zoning of C-C is restricted to all property north of Goldstone Way and east of
King Salrnon Way. The southern boundary of property along the Canal and
south of Copper Point shall be zoned CoG. The remainder of the property
shall be zoned CoG.
Adopt the Recommendations of the ACHD as follows:
1.
In order to reduce trips to and from this developrnent it is recommended that
tenants occupying the proposed building shall be required to provide an
Alternative Transportation Program for ernployees and provide an annual
report to ACHD on employee participation. Commuteride staff shall
coordinate the Alternative Transportation Program with the applicant
2.
In order to reduce trips to and frorn this developrnent, the tenants occupying
the proposed building(s) shall be required to participate in any Transportation
Management Association (TMA) or Transportation Management Organization
(TMO) that is formed with a boundary that includes this site or is adjacent to
this development.
3.
The Overland/Eagle Road and Meridian/Overland Road intersections operate
at a Level of Service F (LOS F), and are listed as one of the 100 most critical
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-018)
intersections in Ada County. Access control within the operating area of the
intersection is vital to the safe operations of the intersection. The subject site's
additional traffic shall exacerbate the traffic problems at these intersections.
4.
Based on development patterns in this area and the resulting traffic generation,
staff anticipates that the transportation system shall not be adequate to
accomrnodate additional traffic generated by this proposed development at
accepted levels of service without modifications to Eagle Road and Overland
Road, and the intersection.
5.
Dedicate 54 to 48-feet of right-of-way from the centerline of Overland Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or other
required permits), whichever occurs first.
6.
Dedicate 52 to 48-feet of right-of-way frorn the centerline of Eagle Road
abutting the parcel by rneans of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building pemùt (or other
required permits), whichever occurs first.
7.
Construct a 5-foot wide detached concrete sidewalk on Eagle Road located 2-
feet within the new right-of-way. Coordinate the location and elevation of the
sidewalk with District staff. If the sidewalk meanders outside of the right-of-
way, provide an easement for the sidewalk
8.
Construct a 5-foot wide detached concrete sidewalk on Overland Road located
2-feet within the new right-of-way. Coordinate the location and elevation of
the sidewalk with District staff. If the sidewalk rneanders outside of the right-
of-way, provide an easement for the sidewalk.
9.
Construct the proposed driveway on Overland Road approximately 240-feet
west of Eagle Road. This driveway meets District policy as a right-in/right-out
driveway only and is approved with this application. The applicant shall
coordinate with the Districts Traffic Services Division to determine a means to
restrict this driveway to a right-in/right-out driveway only (i.e. raised median,
internal island, etc.).
10.
Construct the proposed driveway on Overland Road approximately 550-feet
west of Eagle Road as a full-access driveway. This driveway meets District
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-018)
14.
15.
16.
17.
18.
policy and is approved with this application.
11.
Construct the proposed public roadway access point located on Overland Road
approximately 950-feet west of Eagle Road as a collector roadway. This
location is granted a modification of policy and is approved with this
application.
12.
Construct the proposed public roadway on Eagle Road approximately 700-feet
south of Overland Road as a full-access roadway. This roadway meets District
policy and is approved with this application.
13.
Construct the proposed driveway on Eagle Road located approxirnately 1,150-
feet south of Overland Road. This driveway was granted as a modification of
policy by the District's Commission on January 16, 2002.
Construct the proposed public roadway on Eagle Road approximately 1,700-
feet south of Overland Road. This roadway meets District policy and is
approved with this application.
Construct the proposed public roadway on Eagle Road approximately 2,400-
feet south of Overland Road as a full access roadway. This roadway rneets
District policy and is approved with this application.
Construct the proposed spine road with connections at Overland Road and
Eagle Road, as proposed. This roadway shall be constructed as a 46-foot street
section with curbs, gutters and sidewalks within 70-feet of right-of-way, as
proposed. Parking shall be restricted on the proposed street, and the applicant
shall submit a signage plan.prior to final plat approval.
Construct the proposed roadway on Eagle Road located approxirnately 1,700-
feet south of Overland Road to align with the roadway that was approved with
the Silverstone Corporate Center. This roadway shall be constructed as a 46-
foot street section with curbs, gutters and sidewalks within 70-feet of right-of-
way. Parking shall be restricted on the proposed street, and the applicant shall
subrnit a signage plan prior to final plat approval.
Construct the proposed roadway on Eagle Road located approximately 700-
feet south of Overland Road is proposed to offset a driveway that was
approved ,vith the Silverstone Corporate Center. This roadway shall be
. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
'AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-018)
19.
20.
21.
22.
23.
24.
25.
26.
27.
constructed as a 46-foot street section with curbs, gutters and sidewalks within
70-feet of right-of-way. Parking shall be restricted on the proposed street, and
the applicant shall submit a signage plan prior to final plat approval.
Construct center turn lanes on Overland Road and Eagle Road for the
proposed public street intersections and for all of the full access driveways.
Construct a left turn bay at the main entrance on Eagle Road.
Enter into a three way written agreement with the District for the cost and
specific location of the traffic signal on Eagle Road.
Any proposed landscape islands/medians within the public right-of-way
dedicated by this plat shall be owned and rnaintained by a homeowners
association. Notes of this shall be required on the final plat.
Construct a stub street to the west property line. The applicant has proposed
that the stub street be located approxirnately 450 feet north of the south
property line. Staff is supportive of this location or any location that is located
south of the proposed Lot 11. The applicant shall construct the stub street
and provide a paved ternporary turnaround at the west end of the stub street
with a temporary easernent provided to the District. The applicant shall be
required to install a sign at the terminus of the roadway stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan
for the stub street, and the design of the turnaround (if necessary) with
District staff.
The turnarounds shall be censtructed to provide a minimum turning radius of
55-feet. . -
Any existing irrigation facilities shall be relocated outside of the right-of-way.
Utility street cuts in pavernent less than five years old are not allowed unless
approved in writing by the District.
If utility relocation is necessary to construct irnprovements required with this
development, then all utility relocation costs associated with improving street
frontages abutting the site shall be borne by the developer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-018)
28.
Other than the access points specifically approved ,vith this application, direct
lot or parcel access to Eagle Road and Overland Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final plat.
Adopt the Meridian Fire Depanment Recomrnendations as follows:
1.
A fire-flow consistent with Appendix III-A of the Uniform Fire Code shall be
provided to service the entire project. Fire hydrants shall be placed an average
of 400' apan at approved locations.
2.
Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
3.
Acceptance of water supply for fire protection is contingent upon acceptance of
the water systern by the City of Meridian.
4.
Final approval for fire hydrant location shall be by the Meridian Fire
Departrnent.
5.
All turning radii shall be a rninirnum of 28' inside and 48' outside.
6.
Insure that all yet undeveloped parcels are maintained free of combustible
vegetation.
7.
The roadways shall be built to Ada County Highway standards.
8.
Provide an approved turnaround on the West end of Goldstone Way or
provide a connection to th~.adjacent project.
Adopt the Recornrnendation of the Nampa & Meridian Irrigation District.
1.
Applicant shall apply for a land use change/site application.
2.
If a pressure urban irrigation system will be owned, operated and maintained
by the District, then the Developer shall contact the District concerning the
installation of the pressure system.
3.
Fill out and return the required questionnaire penaining to the initiation
process of contractual agreernents between the owner or developer and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-018)
District, for the ownership, operation and rnaintenance of the pressure urban
irrigation system.
Adopt the Recomrnendations of the Central District Health Depanrnent as
follows:
1.
The Applicant's central sewage and central water plans must be submitted to
and approved by the Idaho Depanrnent of Health & Welfare, Division of
Environrnental Quality.
2.
Run-off is not to create a rnosquito breeding problern.
3.
Stonnwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent irnpact to groundwater and surface water quality.
4.
The Engineers and architects involved with the design of the subject project
shall obtain current best rnanagernent practices for storrnwater disposal and
design a stonnwater rnanagement system that prevents groundwater and
surface water degradation.
4.
The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zorung designation of the real propeny
which is the subject of the application to (C-C) Commercial Business District and (C-G)
General Retail and Service Commercial, and Meridian City Code § 11-7-2.
./
5.
Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Depanment shall prepare the
appropriate mapping changes of the official boundaries and zoning rnaps as provided in
Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and
zoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-018)
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the annexation and zoning and who may within twenty-eight (28) days after the date
of this decision and order seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular rneeting held on the
2¡/tJ
- day
of
~
,2002.
ROLL CALL
COUNCILWOMAN TAMMY deWEERD
VOTED~
VOTED~
COUNCILMAN KEITH BIRD
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED $A..;
COUNCILMAN WILLIAM 10M. NARY
VOTEDþ
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 4-- 2---0 Z-
---
VOTED-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-018) .
MOTION:
APPROVE~ISAPPROVED:-
Copy served upon Applicant, the Planning and Zoning Department, Pu~lis..Works
Department and the City Attorney. ""::'C"f'Ù1:~'\'
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/EL DORADO BUSINESS CAMPUS
(AZ-OI-O18)
EXHIBIT C
MaD of C-C and CoG Zones with Identification of Ridenbau!!h Section and Main
Section
DEVELOPMENT AGREEMENT (AZ-Ol-018) - 15
1
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EXHIBIT 11
List of Use Pennissions and Restrictions
Uses will be governed by the Meridian City Ordinance 11-8-1, Zoning Schedule of Use
Control, as may be amended from time. The following use may also be developed as
pennitted uses:
Adult Day Care
Animal Hospital
Auction Establishment
Automobile Related Business: Repair Shop - Minor; Car Wash and Service
Station.
Bank, Financial Institution
Microbrewery Type Bottling and Distribution Plant
Bus Station
Church
Clinics (Medical, Dental, Optical)
Club, Lodge, Social Hall
Convenience Store w/ Gasoline Services
Construction Businesses: Contractors Shop; Sheet Metal Shop; Roofing Shop;
Sign Painting Shop
Driving Range
Electrical Equipment and Products
Electrical Supplies and Appliances
Entertainment Centers - Indoor: Bowling Alley; Skating Rink; Arcade; Arena;
Archery
Entertainment Centers - Outdoor: Amusement Park, Ball Park (baseball, football,
soccer); Water Park, Batting Cages; Go Cart Track
Flex Space: Office Warehouse Mix
Golf Course
Greenhouses, Nurseries (already pennitted)
Grocery Stores
Hospitals
Indoor Firing Range
Laboratories (Medical, Dental, Optical)
Laundry, Clothes Cleaning, Pressing Business
Laundry, Industrial
Laundry, Self-Service
Mausoleum
Medical Research Facilities
Molded Plastic Products
Mortuary
Newspaper and Printing Establishment
Offices
Parking Lots: Commercial; Off-Site Accessory Parking Lot; Parking
Garage/Structure
DEVELOPMENT AGREEMENT (AZ-O 1-0 18) - 16
Parks and Plazas
Personal Services: Barber Shop; Massage Parlor; Beauty Salon.
Pharmacy
Post - Secondary Educational Facilities
Printing, Lithography, Publishing and Associated Reproduction, exclusive of
Paper Manufacturing
Public and Quasi-Public Uses
Radio and Television Stations (except exterior communications facilities districts)
Restaurant
Personal Service: Barber Shop; Massage parlor; Beauty Salon
Photography Studio
Private Commercial Schools (Business, Art, Dance, Music, Medical/Dental
Technician, Martial Arts)
Retail
Restaurant
Sales: Building Materials; Hay; Grain; Bulk Garden Supply; Heavy Machinery
Seed and Garden Supply
Social Care Facilities: Missions; Food Kitchens; single Resident Occupancy
Hotels
Self-Service Storage
Standby Generators
Theater (Excluding Drive-ins)
Vocational, Trade, Industrial Schools
Warehouses Storage
Utility Facility -- Major
Utility Facility -- Minor
Wholesale Business
The following uses maybe allowed upon application and approval of a conditional use:
Automobile Repair Shops-Major
Child Care Facilities
Communication Towers
Drive-ins, Drive-through Establishments
Missions; Food Kitchens
Residential (planned Unit Developments)
Sales Lots
Schools, Private ( vocational, trade and industrial schools are permitted)
Shelter Homes
The following uses, in addition to those included in the Meridian Ordinance Section 11-
8-1 as prohibited uses in the C-C and CoG zones (unless pennitted/conditional use above)
are expressly prohibited.
Adult Business (bookstore, theater, perfonnance)
Alcoholic Establishments )other then combined with restaurant services or
DEVELOPMENT AGREEMENT (AZ-OI-018) - 17
hotel/motel facilities)
Boarding and Rooming House
Bottling and Distribution Plant
Composting Facility
Halfway Houses
Nursing Homes and Sanitariums
Recreational Vehicle Park
Truck Tenninal
Truck Stop Uses.
Z:\WorklM\MeridianlMeridian 15360MlEI Doredo Bus Campus AZOi-ol8 PPO1-o20 CUPOI-O311REVISED Dev Agmt
per Gary Allen 0 I 16 03.DOC
DEVELOPMENT AGREEMENT (AZ-Ol-018) - 18