Eagle Road Professional Center
PARTIES: 1.
2.
3.
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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:
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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.
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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.
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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(
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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""
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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~
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