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Eagle Road Professional Center PARTIES: 1. 2. 3. C---yy)hA ,;/~ 40ROEO- REQUEST OF' ../ AD:C()~~~~.CORD£R jj( J. AVID NAVARRO .. geisE, IDAHO FEE if DEPUTY . DEVELOPMENT AGREEMENT lfz. ~ Ig,9OC28 PH 1:21 \ 0 99105396 City of Meridian Eagle Road Professional Center, LLC, an Idaho Limited Liability Company, owner Fermor, LLC, an Idaho Limited Liability Company, developer THIS DEVEL°.fijENT AGREEMENT (this "Agreement"), is made and entered into this fJ:: day of tJch6ev .,1999, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and EAGLE ROAD PROFESSIONAL CENTER, LLc., an Idaho Limited Liability Company, hereinafter called "OWNER", whose address is PO Box 15407, Boise, Idaho 83715, and FERMOR, LLc.,an Idaho Limited Liability Company, hereinafter called "DEVELOPER", whose address is PO Box 15407, Boise, Idaho 83715. 1. RECITALS: 1.1 WHEREAS, "Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.1.1 It is intended that the "Developer" will proceed to develop the "Property" in accordance with the provisions of this agreement, and it is intended that the "Developer" will be the subsequent owner of the real property. 1.2 WHEREAS, I.c. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-2-416Land 11-2-417D, which authorizes development agreements upon the annexation and zoning of land; and DEVELOPMENT AGREEMENT - 1 1.4 1.5 1.6 1.7 WHEREAS, "Owner" and "Developer" have submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of General Retail and Service Commercial (C-G), (Municipal Code of the City of Meridian); and WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and WHEREAS, City Council, the - day of _,1999, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Owner" and "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, DEVELOPMENT AGREEMENT - 2 herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4,1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 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 of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. "DEVELOPER": means and refers to Ferrnor" LL.c., an Idaho Limited Liability Company, whose address is PO Box 15407, Boise, Idaho 83715, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". "OWNER": means and refers to Eagle Road Professional Center, LLc., an Idaho Limited Liability Company, whose address is PO Box 15407, Boise, Idaho 83715, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain parceI(s) of "Property" located in the County of Ada, City of DEVELOPMENTAGREEMENT-3 Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Section 1 1-2-408(B)(I 1) Meridian City Code which are herein specified as follows: Construction of 2 two-story office buildings. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 6.1.1 The project is required to be submitted as a planned development under the conditional use permit process because more than one building is proposed on one lot and the parcel is located within a mixed/planned use development area as identified within the Meridian Comprehensive Plan. 6.1.2 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. DEVELOPMENT AGREEMENT - 4 6.1.3 Paving and striping shall be in accordance with the standards set forth in Sections 1I-2-414.D.4 and 11-2- 414.D.5 ofthe City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 6.1.4 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6.1.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 6.1.6 All signage shall be in accordance with the standards set forth in Section 11-2--415 ofthe City of Meridian Zoning and Development Ordinance and as specifically approved as part of the conditional use permit. No temporary signage or flashing signs will be permitted. 6.1.7 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 6.1.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 1I-9-606.B. 6.1.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 6.I.IOA minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. 6.1.1 1 Attention to lighting plans to ensure that lights do no cause glare or impact to adjacent residential properties or the traveling public shall be addressed. 6.I.12A minimum 35-foot-wide landscape setback beyond required right-of-way on Eagle Road and 1-84 is a condition of annexation. Although the site plan shows 35 DEVELOPMENT AGREEMENT - 5 feet is being provided, the area only scales at 30 feet. The plan needs to be revised to comply. 6.1.13 No signage other than that included in the application is considered as part of this application. All signage is subject to design review. 6.1.14 The Planning and Zoning Commission and Council may prescribed appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. 6.1.15 Coordinate the location and sizing requirements of screened trash enclosure with Sanitary Service Company. Applicant to provide a letter of approval from Sanitary Service Company prior to applying for building permits. 6.1.16 Revise the site plan to show minimum five-foot wide sidewalks along street rights-of-way and within the development. 6.1. 1 7 Parking stalls are to be a minimum of9'xI9' with 25-foot- wide driveway aisles. Revise site plan to comply. 6.1.18 The total area of all common open space shall equal or exceed ten percent (10%) of the gross land area of the PD. Provide calculations on revised site plan to verify compliance. 6.1.19 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 6.I.20Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. DEVELOPMENT AGREEMENT - 6 6.1.21 Anticipated fire flow and domestic water requirements for the propose site must be submitted. 6.I.22Approval of the application will be contingent upon the Waste Water Treatment Plant's ability to accept the additional sanitary sewage of the project. 6. 1.23 Water service is contingent upon positive results from a hydraulic analysis. 6.I.24Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. Additionally, water and sewer "Late Comers" fees will also be charged against the parcel. 6.I.25Applicant to provide a letter of approval from Ada County Highway District prior to applying for building permits. Letter of approval to include recorded warranty deed for any necessary roadway dedications. 6. 1.26 Gentry Way, south of the property, has not been constructed. Water and storm sewer lines have been constructed from Magic View to and through Gentry Way. Applicant shall be responsible for payment of latecomer fees to reimburse the parties responsible for extending sewer and water to the site. 6.1.27Per Uniform Plumbing Code requirements, each building shall be served by independent sewer and water services. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective; and after the "City" has complied with the notice and hearing procedures as outlined in I.c. § 67-6509, or any subsequent amendments or recodifications thereof. The "Developer" shall be considered to be in compliance with this provision as it relates to the time period of construction so long as the first building is completed within said time period. DEVELOPMENT AGREEMENT - 7 8. CONSENT TO DE.ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in DEVELOPMENT AGREEMENT - 8 connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under §I2-5-3 ofthe Meridian City Code, to DEVELOPMENT AGREEMENT - 9 insure that installation of the improvements, which the "Developer" agrees to provide, ifrequired by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: do City Engineer City of Meridian 200 E. Carlton, St.#100 Meridian, ID 83642 Fermor, LLc., an Idaho Limited Liability Company PO Box 15407 Boise, ID 83715 with copy to: OWNER: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Eagle Road Professional Center, LL.C., an Idaho Limited Liability Company PO Box 15407 Boise, ID 83701 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT - 10 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVlSION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or DEVELOPMENT AGREEMENT - 11 their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public 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. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT - 12 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. ATTEST: BY RESOLUTION NO. ATTEST: BY RESOLUTION NO. AT: ~ÞÁtI n CITY CLERK p-w BY RESOLUTION NO. 256 DEVELOPER: B~:;C i?-~ OWNER: BY: ßA.n.Ì J...". ð CITY OF MERIDIAN BY: /Z:\Work\M\Meridian 15360M\Eagle Rd Professional Ctr\DevelopAgrO93099 DEVELOPMENT AGREEMENT - 13 STATE OF IDAHO, : ss County of Ada, ) On this ~ day of oC;/õh.iA , in t e year 1999, before me, a Notary Public, personally appeared . (YIOõ'Ye... and , known or identified t e to be the persons who executed the instrument on behalf of FERMOR, LLc., an Idaho Limited Liability Company, and acknowledged to me having executed the same. ,;.. . .. ~,'~,ídf~,:,\,¡,~,¡,ti', " -~"~;",.p¡,:',':;'v.~, "','"",,' ~~'rl"'I""'Oi'. "'!:o;;,' -_;.;;kw'Jff,'n\\¡\~"1F ' ..',',:', ",.-", ~ /Y7 .lj~ Notary Public for Idaho ! Commission expires: "5/1 q 2 () 03 STATE OF IDAHO, : ss County of Ada, ) On this ~ day of before me, a Notary Public, personally appeared and , known or identified to me to be t persons who executed the instrument on behalf of EAGLE ROAD ,!?ROFESSIONAL CENTER, LLc., an Idaho Limited Liability Company, and . ~"acJqlO!\"l~dged to me having executed the same. ,/;,Æ g:~~ /2.. 003 ....~'.~í.~~:¿:!t~l;:..' ~'è~i.. ~¡:::~~~/: "~~fJi¡H\.:i:£:;:' " DEVELOPMENT AGREEMENT - 14 STATE OF IDAHO County of Ada On this :ss } t¿ day of ({)~ , in the year 1999, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and 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. âulivA ~ Notary Public for Idaho Commission expires: I J - tJ,7. -0 'I DEVELOPMENT AGREEMENT - 15 EXHIBIT A Legal Description Of Property All of Lot 12 of the Amended Magic View Subdivision and adjoining public right-of-way located in the southeast quarter of the northeast quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the east quarter corner of said Section 17; thence NOoo22'57.7" W, 104.66 feet along the easterly boundary of said Section 17 to the extension of the southerly boundary of Lot 12 of the Amended Magic View Subdivision, as shown on the official plat thereof on file in the office of the Ada County Recorder, which is the REAL POINT OF BEGINNING: Thence S89°37'02.3" W, 709.05 feet along the extension of the southerly boundary of said Lot 12 and the southerly boundary of said Lot 12 which is also the centerline of Gentry Way to the southwest corner of said Lot 12; Thence NOoo22'57.7" W, 309.06 feet along the westerly boundary of said Lot 12 which is also the centerline of Allen Street to the northwest corner of said Lot 12; Thence S89°37'02" E, 709.05 feet along the northerly boundary of said Lot 12 and the northerly boundary extended of said Lot 12 to the easterly boundary of said Section 17; Thence SOoo22'57.7" E, 309.06 feet along the easterly boundary of said Section 17 to the REAL POINT OF BEGINNING. Comprising 5.031 acres, more or less. DEVELOPMENT AGREEMENT - 16 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT - 17 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF FERMOR, LLC, THE APPLICATION FOR ANNEXATION AND ZONING OF 3.77 ACRES NW EAGLElI-84 FOR EAGLE ROAD PROFESSIONAL CENTER, MERIDIAN, IDAHO Case No. AZ-99-008 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 August 17, 1999, at the hour of 7:00 o'clock p.m., and Steve Siddoway, Assistant Planner for the Planning and Zoning Department, and appearing on behalf of the Applicant was Andy Simmons of Fermor LLC, both having appeared and testified and no one having testified in opposition and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for August 17, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the August 17, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER if set forth in full. The property is approximately 3.77 acres in size. The property is located north of 1-84, west of Eagle Road, east of Allen Street, Meridian, Idaho. The property is designated as the proposed Eagle Road Professional Center. 5. The Applicant, Fermor, LL.c., is acting on behalf of the record owner of the property, James A. Post, of P.O. Box 1290, Oldsmar, Florida, and has filed a written request for annexation and zoning. 6. The property is presently zoned by Ada County as R-T, Rural Transitional, and is currently vacant. 7. The Applicant requests the property be zoned General Retail and Service Commercial (C-G) which is defined at Meridian City Code Section 11-2- 408(B)(II). 8. The Applicant has requested the annexation and this zoning, and the application was not initiated at the request of the City of Meridian. 9. The property is located at Lot 12 of the Amended Magic View Subdivision. The northwest corner of the intersection of S. Eagle Road and 1-84, north of the proposed Holiday Inn Express and south of the present Jackson's Food Store, Meridian, Idaho. 10. The proposed site of the subject property is bordered to the east by Eagle Road, to the south by 1-84, bordered to the west by Magic View Subdivision and the city limits of the City of Meridian are adjacent and abut to the north of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER subject property, the present Jackson's Food Store. 11. The land within the proposed annexation area is contiguous to the present city limits of the City of Meridian. and the annexation would not be a shoestring annexation. 12. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 13. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 14. The applicant proposes to develop the subject property in the following manner: by construction of 2 two-story office buildings. 15. The Applicant request zoning of the subject real property as General Retail and Service Commercial (C-G). It is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as both Mixed Planned Use Development and Commercial. 16. Giving due consideration to the comment received from the 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 16.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance lI-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 16.3 Anticipated fire flow and domestic water requirements for the propose site must be submitted. 16.4 Approval of the application will be contingent upon the Waste Water Treatment Plant's ability to accept the additional sanitary sewage of the project. 16.5 Water service is contingent upon positive results from a hydraulic analysis. 16.6 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. Additionally, water and sewer "Late Comers" fees will also be charged against the parcel. 16.7 Applicant to provide a letter of approval from Ada County Highway District prior to applying for building permits. Letter of approval to include recorded warranty deed for any necessary roadway dedications. 16.8 Gentry Way, north of the property, has not been constructed. Water and storm sewer lines have been constructed from Magic View to and through Gentry Way. Applicant shall be responsible for payment of latecomer fees to reimburse the parties responsible for extending sewer and water to the site. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER 16.9 Per Uniform Plumbing Code requirements, each building shall be served by independent sewer and water services. 17. 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. 16, 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. 18. It is found that the following are development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and 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 odors: 18.1 The project is required to be submitted as a planned development under the conditional use permit process because more than one building is proposed on one lot and the parcel is located within a mixed/planned use development area as identified within the Meridian Comprehensive Plan. 18.2 Off-street parking shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW. Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER 18.3 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americians with Disabilities Act (ADA) requirements. 18.4 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 18.5 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section l1-2-414.D.3. 18.6 All signage shall be in accordance with the standards set forth in Section 11-2--415 of the City of Meridian Zoning and Development Ordinance and as specifically approved as part of the conditional use permit. No temporary signage or flashing signs will be permitted. 18.7 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 18.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 1I-9-606.B. 18.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 18.10 A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. 18.11 Attention to lighting plans to ensure that lights do no cause glare or impact to adjacent residential properties or the traveling public shall be addressed. 18.12 A minimum 35-foot-wide landscape setback beyond required right-of- way on Eagle Road and 1-84 is a condition of annexation. Although the site plan shows 35 feet is being provided, the area only scales at 30 feet. The plan needs to be revised to comply. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER 18.13 No signage other than that included in the application is considered as part of this application. All signage is subject to design review. 18.14 The Planning and Zoning Commission and Council may prescribed appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. 18.15 Coordinate the location and sizing requirements of screened trash enclosure with Sanitary Service Company. Applicant to provide a letter of approval from Sanitary Service Company prior to applying for building permits. 18.16 Revise the site plan to show minimum five-foot wide sidewalks along street rights-of-way and within the development. 18.17 Parking stalls are to be a minimum of 9'xI9' with 25-foot-wide driveway aisles. Revise site plan to comply. 18.18 The total area of all common open space shall equal or exceed ten percent (10%) of the gross land area of the PD. Provide calculations on revised site plan to verify compliance. 19. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 20. There are no major or scenic features of major importance that affect the consideration of this application. 21. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive plan of the City as follows: 21.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER 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. 21.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 21.3 The application is consistent with Meridian's self identity. 21.4 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 21.5 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 21.6 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 21.7 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 22. The property can be physically serviced with City water and sewer, if applicant extends the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER 1.3 1.5 1.7 1.8 1.9 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. To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. To provide community services to fit existing and projected needs. To establish compatible and efficient use of land through the use of innovative and functional site design. To encourage a balance of land use patterns to insure that revenues pay for services. 1.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 2. Under ECONOMIC DEVELOPMENT COMMERCIAL ACTIVITY CENTERS at page 17 Retail, commercial arid 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 of the plan. MIXED-PLANNED USE DEVELOPMENT AREAS at page 17 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER 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 retaiVcommercial, 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 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. 3. Under LAND USE EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, and include small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Area of Impact, Page 22 Comprehensive Plan Map FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER The proposed future land use delineation's for the impact area are shown on the Comprehensive Plan Map - Generalized Land Uses,... The land use element is based upon these objectives: 1. Mixed-planned uses along the 1-84 corridor, which are attractive and compatible with high-volume traffic corridors. (Emphasis added.) 4. Under TRANSPORTATION, Page 43 Existing Conditions a. Eagle Road, North of Overland, is listed as a principal arterial 5. Under COMMUNITY DESIGN, at Page 71 Communitv 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 Design 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER 2.3U Encourage the beautification of streets, parking lots, public lands, and state highways. 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER development approval, landscaping along all entrance corridors. Ouality of Environment Goal Statement Policies 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 5. The requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motbring 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, this Section lists the uses allowed in various zoning districts of the City, and Planned Unit Developments are listed as allowed, subject to a conditional use permit. 7. That the City of Meridian Comprehensive Plan, under LAND USE, Mixed-Use Area at Eagle Road, in 5.16U, states that all development requests will be subject to development review and conditional use permit processing to insure neighborhood compatibility. 8. By authority of the City of Meridian under the Comprehensive Plan, a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER conditional use permit is required for Applicant to construct and operate any stores or facilities on this parcel of land. 9. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 10. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 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 pressurized irrigation systems. 11. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 12. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer mal<.e a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall tal<.e effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. This application is for annexation and zoning of 3.77 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 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 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 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 1I-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. Anticipated fire flow and domestic water requirements for the propose site must be submitted. Approval of the application will be contingent upon the Waste Water Treatment Plant's ability to accept the additional sanitary sewage of the project. Water service is contingent upon positive results from a hydraulic FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER analysis. 3.6 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. Additionally. water and sewer "Late Comers" fees will also be charged against the parcel. 3.7 Applicant to provide a letter of approval from Ada County Highway District prior to applying for building permits. Letter of approval to include recorded warranty deed for any necessary roadway dedications. 3.8 Gentry Way, north ofthe property, has not been constructed. Water and storm sewer lines have been constructed from Magic View to and through Gentry Way. Applicant shall be responsible for payment of latecomer fees to reimburse the parties responsible for extending sewer and water to the site. 3.9 Per Uniform Plumbing Code requirements, each building shall be served by independent sewer and water services. 3.10 The project is required to be submitted as a planned development under the conditional use permit process because more than one building is proposed on one lot and the parcel is located within a mixed/planned use development area as identified within the Meridian Comprehensive Plan. 3.11 Off-street parking shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 3.12 Paving and striping shall be in accordance with the standards setforth in Sections 11-2-414.0.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americians with Disabilities Act (ADA) requirements. 3.13 A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 3.14 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER City Ordinance Section 11-2-414.D.3. 3.15 All signage shall be in accordance with the standards set forth in Section 11-2--415 of the City of Meridian Zoning and Development Ordinance and as specifically approved as part of the conditional use permit. No temporary signage or flashing signs will be permitted. 3.16 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 3.17 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 1I-9-606.B. 3.18 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.19 A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. 3.20 Attention to lighting plans to ensure that lights do no cause glare or impact to adjacent residential properties or the traveling public shall be addressed. 3.21 A minimum 35-foot-wide landscape setbacl<~ beyond required right-of- way on Eagle Road and 1-84 is a condition of annexation. Although the site plan shows 35 feet is being provided, the area only scales at 30 feet. The plan needs to be revised to comply. 3.22 No signage other than that included in the application is considered as part of this application. All signage is subject to design review. 3.23 The Planning and Zoning Commission and Council may prescribed appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. 3.24 Coordinate the location and sizing requirements of screened trash enclosure with Sanitary Service Company. Applicant to provide a letter of approval from Sanitary Service Company prior to applying for building permits. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER 3.25 Revise the site plan to show minimum five-foot wide sidewalks along street rights-of-way and within the development. 3.26 Parking stalls are to be a minimum of 9'xI9' with 25-foot-wide driveway aisles. Revise site plan to comply. 3.27 The total area of all common open space shall equal or exceed ten percent (10%) of the gross land area of the PD. Provide calculations on revised site plan to verify compliance. 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. S£pfen-vÞ 7~ ¡c¡qq By action of the City Council at its regular meeting held on AUgti5t 17, 1 ~9'9. ROLL CALL COUNCILMAN RON ANDERSON VOTED~ COUNCILMAN GLENN BENTLEY VOTED~ COUNCILMAN KEITH BIRD VOTED-F FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER COUNCILMAN CHARLIE ROUNTREE VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: t:f-7- t1f~ VOTED MOTION: h\ APPROV~SAPPROVED:- Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney. By.JI~ÉY5e,¡-, 9- City Clerk / Dated: 9-- 7~C¡9 msgiZ,\Work\M\Meridian 15360M\Eagle Rd Professional Crr\AZFfClsDecOrd FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/EAGLE ROAD PROFESSIONAL CENTER RESOLUTION NO. 2 ';;)6 BY: (bÜ/Yl(/fì~ j¿é¡J-Æ ð/ì--oL A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE ~DAY OF O~ , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND EAGLE ROAD PROFESSIONAL CENTER, LLC, AN IDAHO LIMITED LIABILITY COMPANY, AND FERMOR, LLc., AN IDAHO LIMITED LIABILITY COMPANY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with EAGLE ROAD PROFESSIONAL CENTER, LLc., AND IDAHO LIMITED LIABILITY COMPANY and FERMOR, LLc., AN IDAHO LIMITED LIABILITY COMPANY, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with EAGLE ROAD PROFESSIONAL CENTER, LLc., AN IDAHO LIMITED LIABILITY COMPANY and FERMOR, LLc., AN IDAHO LIMITED LIABILITY COMPANY, entitled "DEVELOPMENT AGREEMENT" dated the 4{j.. day of ð c-Ir~ , 1999, by and between the City of Meridian and EAGLE ROAD PROFESSIONAL CENTER, LLc., AN IDAHO LIMITED LIABILITY COMPANY and FERMOR, LLc., AN RESOLUTION AUTHORIZING THE MAYOR TO - PAGE 1 OF 2 ENTER INTO A DEVELOPMENT AGREEMENT WITH EAGLE ROAD PROFESSIONAL CENTER, LLc., AN IDAHO LIMITED LIABILITY COMPANY AND FERMOR, LLC, AN IDAHO LIMITED LIABILITY COMPANY IDAHO LIMITED LIABILITY COMPANY, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this Ø- day of Oc-lr:>6~ ,1999. - APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 54- day of t!lc.hlre-- ,1999. - ~y{).~;, OR ATTEST: J~ ~ ~ ~ CITY CLERI( msglZ:\Work\M\Meridian I 5360M\Eagle Rd Professional Ctr\RESOLUTI0Ntwo RESOLUTION OF THE CITY OF MERIDIAN - PAGE - AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH JAMES A. POST AND ROSETTA POST CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the 5f:h. day of Qcf-v ~ , 1999, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE ~ DAY OF tJcIo6Þv ,1999, BY AND BETWEEN THE CITY OF - MERIDIAN AND EAGLE ROAD PROFESSIONAL CENTER, LLC, AN IDAHO LIMITED LIABILITY COMPANY, AND FERMOR, LLc., AN IDAHO LIMITED LIABILITY COMPANY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with EAGLE ROAD PROFESSIONAL CENTER, LLc., AND IDAHO LIMITED LIABILITY COMPANY and FERMOR, LL.c., AN IDAHO LIMITED LIABILITY COMPANY, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with EAGLE ROAD PROFESSIONAL CENTER, LLc., AN IDAHO LIMITED LIABILITY COMPANY and FERMOR, LLc., AN IDAHO LIMITED LIABILITY COMPANY, entitled "DEVELOPMENT AGREEMENT" dated the ~ day of O~ , 1999, by and between the City of Meridian and EAGLE ROAD PROFESSIONAL CENTER, LL.c., AN IDAHO LIMITED LIABILITY COMPANY and FERMOR, LLc., AN IDAHO LIMITED LIABILITY COMPANY, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this Cityto its terms and conditions. ,.."M'n"" ~"(ff ~"'" ~ '~~~~'+, ,/ ~ ((,1I Æ n ( "r BBAL ';' \ ~Rt~ T \ ?4, . "./..0 ¡ CITY CLERK ~ "ð ~t ,~ ' y::o $' '10" ., ð.... - .-, ~'" ,,:.' """ -VUHrl' "", /1/"'""1""""'" ) : ss. STATE OF IDAHO, County of Ada, ) On this ¡lLday of ftìetøl:1vu , in the year 1999, before me, /fA) iT /J .[) ()'¡8~LI ¡J , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and aclalOwledged to me that he executed the same on behalf of the City of Meridian. a~&~ Notary Public for Idaho Commission Expires: 1/-11 ;z.-o~ I msgiZ,\Work\M\Meridian 15360M\Eagle Rd Professional Ctr\CERTofCLKforRESOLUtwo