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Magic View Partners AZ 99-022 PARTIES: 1. 2. ADA COUNTY RECORDER J. DAVID NAVARRO ROISE. iDAHO RECORDED - REO UES T OF ~~f~~DEPUTY~ 100021869 lIIOOtIR 23 PM I: 44 , MERIDIAN CITY DEVELOPMENT AGREEMENT City of Meridian Magic View Partners, an Idaho General Partnership THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this 2(:rP day of /}¡ ~ , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and MAGIC VIEW PARTNERS, AN IDAHO GENERAL . PARTNERSHIP, hereinafter called "DEVELOPER", whose address is PO Box 8204, Boise, Idaho. 1. RECITALS: 1.4 1.1 1.2 1.3 WHEREAS, "Developer" is the sole owner, in law and! or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and WHEREAS, Lc. §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 WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Code §§ 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation. and! or re-zoning of land; and WHEREAS, "Developer" has submitted an application for annexation and zoning of the "Property" s described in Exhibit A, and has requested a designation of Limited Office District (L-O), Meridian City Code § 11-7-2 G; and DEVELOPMENT AGREEMENT (AZ-99-022) - 1 1.5 1.6 1.7 1.8 1.9 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 according to the Concept Plan 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 71J.. day of/hMd..-, 2000, 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 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and "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 "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 tenns and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the DEVELOPMENT AGREEMENT (AZ-99-022) - 2 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 designatiol"l is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Meridian City Code Titles 11 and 12. 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 A venue, Meridian, Idaho 83642. "DEVELOPER": means and refers to Magic View Partners, an Idaho General Partnership consisting of Winston H. Moore and James L. Boyd, general partners, whose address is PO Box 8204, Boise, Idaho, the party developing said "Property" and shall include any subsequent owner(s)!developer(s) of the "Property". "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit" A", attached hereto and DEVELOPMENT AGREEMENT (AZ-99-022) - 3 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 Meridian City Code § 11-7-2 G which are herein specified as follows: Development of Limited Office. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 5.I.A The property should be zoned L-O, Limited Office District, and the Applicant shall use the subject property to develop professional office uses with any other uses permitted in the subject zone only as a conditional use. 5. I. I Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 1 1-9-605 .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. DEVELOPMENT AGREEMENT (AZ-99-022) - 4 5. 1.2 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. 5.1.3 Off-street parking shall be provided in accordance with Section 1 I -2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 5.1.4 Paving and striping shall be in accordance with the standards set forth in Sections Il-2-414.D.4 and I l-2-4l4.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5.1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1- 91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 5.1.6 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 Il-2-14.D.3. 5. 1.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 5. 1. 8 Applicants shall provide five-foot -wide sidewalks in accordance with City Ordinance Section 11-9- 606.B. DEVELOPMENT AGREEMENT (AZ-99-022) - 5 5.1.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 5.I.IOApplicant shall enter into a License Agreement with Ada County Highway District to construct, and perpetually maintain, a 30-foot wide buffer with a 4- foot high berm and a 6-foot high solid, wooden fence on top of the berm along the entire length of Lot 2 in the Amended Magic View Subdivision. This obligation shall be appurtenant to Lot 2. 5. 1. II Applicant shall construct a minimum 20-foot wide buffer with a 4-foot high berm and a 6-foot high solid, wooden fence on top of the berm along the entire length of Lot 3 in the Amended Magic View Subdivision. 5.1.12Applicant shall be required to dedicate all right-of- way along St. LulÅ“'s Street, and Magic View Drive by recorded Warranty Deed or recorded plat prior to the issuance of any building pennits. 5.1.l3The Applicant has submitted a draft site plan to provide a general overview of expected development type location and amenities. The proposed site plan proposes to the dedication of a new public right-of- way. All public easements shall be designated by plat or other document of record showing their location. 5.1. 14Existing easements are shown on the recorded plat of the Amended Magic View Estates Subdivision which will be in conflict with the new proposed layout. Applicant shall vacate conflicting easements prior to applying for building permits. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and DEVELOPMENT AGREEMENT (AZ-99-022) - 6 the zoning designation reversed, upon a default of the "Developer" or "Developer"'s heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of subject "Property" of this agreement, and after the "City" has complied with the notice and hearing procedures as outlined in Lc. § 67-6509, or any subsequent amendments or recodifications thereof. 7. 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: 7.1 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. 8. 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. 9. DEFAULT: 9.1 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, which will include, at a minimum, notice of the noncompliance, and an opportunity to be DEVELOPMENT AGREEMENT (AZ-99-022) - 7 heard by the City Council before modification or termination. 9.2 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. 10. 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 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. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. 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. 12.1 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 DEVELOPMENT AGREEMENT (AZ-99-022) - 8 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. 12.2 In the event the perfonnance 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. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all infrastructure and other improvements which are imposed by the tenns of this agreement, the annexation ordinance, and the conditional use permit are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased development; 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", 15. 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. DEVELOPMENT AGREEMENT (AZ-99-022) - 9 16, 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 33 E. Idaho Ave. Meridian, ID 83642 Winston H. Moore James L. Boyd Magic View Partners, an Idaho General Partnership PO Box 8204 Boise, ID 83707 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 16.1 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. 17. 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. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every tenn, 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. DEVELOPMENT AGREEMENT (AZ-99-022) - 10 19. 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. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. 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 their assigns, and pursuant, with respect to "City", to a dulyadopted ordinance or resolution of "City", 21.1 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 DEVELOPMENT AGREEMENT (AZ-99-022) - 11 amendment in force at the time of the proposed , amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-99-022) - 12 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. MAGIC VIEW PARTNERS, AN IDAHO GENERAL PARTNERSHIP ey/Z:\Work\M\Meridian 15360M\Magic ViewlDevelopAgr BY: Attest: JI~á~-,9-' CITY CLERK ~7 BY RESOLUTION NO. 310 DEVELOPMENT AGREEMENT (AZ-99-022) - 13 STATE OF IDAHO :ss COUNTY OF ADA . On thisí day of ~ ,in the year 2000, before me, ~ me-&-12z a Notary Public, personally appeared Winston H. Moore and James 1. Boyd, known or identified to me to be the partners of Magic View Partners, an Idaho General Partnership, the partners who executed the instrument on behalf of said General Partnership, and aclmowledged to me having executed the ~~"~""'" .." <>\ . 00 '" ..' 0" ,""'" '1 '# I 'V.." "...<2- '\ i ¡ ~OTA.Ry \ \ 9*: -.- :*5 (SEAL) \ \ .ÞÜBL'-C i E "<p;"'" ,,"°1 " ...¡ ¡........., tf.~ ~'" lJ OF 1" ~ "..........", ~ 0 /71!h/k Notary Public for Idaho Commission expires: [7.. -I ?.- 2-000 STATE OF IDAHO :ss County of Ada ) On this 1¿\ day of ~ , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, lmow 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 aclmowledged to me that such City executed the same. (SEAL) ....'¡o"ü"... ..0. ~.------P~.. . ",' eTA ,,::. .;'oo,>/~ """1"','. :¡;q" y .,A , . -::r:í .. . :<1:1: * * * 1....: " ' "-" ~ ... í : . 'À-. '. ..~~~.~.lJ~~O..- .....~æ.... Not Pu lie for Idaho Comm IOn expires:tíj-Vo ~OD DEVELOPMENT AGREEMENT (AZ-99-022) - 14 EXHIBIT A Legal Description Of Property LOTS 2 AND 3 IN AMENDED MAGIC VIEW SUBDIVISION A parcel of land located in the Northeast quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being all of Lots 2 and 3 in the Amended Magic View Subdivision, according to the official plat thereof, records of Ada County, Idaho, and which parcel is also described as follows: Commencing at a brass cap marldng the quarter corner common to Sections 16 and 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 00°22'58" West 1,326.59' to the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 17; thence North 89°58'30" West 391.41' to the Northeast corner of said Lot 2, said point being the real point of beginning; thence South 00°07'50" East 579.31 feet along the Easterly boundary of said Lot 2 to a point lying on the centerline of Magic View Drive, being the Southeast corner of said Lot 2; thence South 89°37'02" West 315.10 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to a point; thence North 83°21'41" West 64.86 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to the Southwest corner of said Lot 2; thence DEVELOPMENT AGREEMENT (AZ-99-022) - 15 North 83°11'15" West 405.26 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 3 to the Southwest corner of said Lot 3; thence North 00°03'08" West 526.18 feet along the Westerly boundary of said Lot 3 to the Northwest corner of said Lot 3; thence South 89°58'30" East 781.08 feet along the Northerly boundary of said Lots 2 and 3 to the point of beginning. DEVELOPMENT AGREEMENT (AZ-99-022) - 16 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-99-022) - 17 03-02-00 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF W. H. MOORE CO., THE APPLICATION FOR ANNEXATION AND ZONING OF 10 ACRES LOCATED ON THE NORTH SIDE OF MAGIC VIEW DRIVE WEST OF EAGLE ROAD FOR MAGIC VIEW OFFICE COMPLEX Case No. AZ-99-022 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on January 18, 2000, at the hour of 7:30 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of W. H. Moore Company was Jonathan Seel, and also appearing and testifying were affected property owners, Church Had and Howard Foley, and having received the Recommendation to City Council of the Planning and Zoning Commission on this matter, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022 STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW Judicial Notice: The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. Annexation: 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 Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area which is designated in the Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4,1994, and as provided in Meridian City Code § 1I-16-3. 2. The City Council exercises its legislative authority in the annexation and zoning of annexed land. Burt v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho 65 (1983). Prior to annexation the City Council shall request and receive a recommendation from the Planning and Zoning Commission of proposed zoning ordinance changes for the area to be annexed in accordance with the notice and hearing procedures provided in Section 67-6509, Idaho Code and concurrently or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 immediately following the adoption of an ordinance of annexation, the City Council shall amend the Planning and Zoning Ordinance. [Lc. § 67-6525] [Meridian City Code § 11-16-1.] Zoning: 3. The City of Meridian shall exercise the powers conferred upon it by the Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of Title 67 Idaho Code which provides that the Council shall by ordinance establish within its boundaries one or more zones or zoning districts in accordance with the adopted Comprehensive Plan. [LC. § 67-65II]. 4. The "Zoning Ordinance" of the City of Meridian applies and regulates all development of land within the City limits and property outside the City limits for which annexation has been requested. [Meridian City Code § 11-1-3.] 5. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act" by the adoption of the "Zoning Ordinance" of the City of Meridian, Idaho, which provides for various zoning districts. [Meridian City Code §§ 11-1 - 11-21.] 5.1 The "Zoning Ordinance" provides a zoning district (L-O) Limited Office District which is defined as: [Meridian City Code § 11-7-2 G.] (L-O) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022 5.2 5.3 5.4 5.5 stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-ODistrict is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. The "Zoning Ordinance" provides for a "Zoning Schedule for Use Control" for land uses in various established zoning districts for permitted use, conditional use and permitted accessory use. [Meridian City Code § 11-6-1.] The "Zoning Ordinance" provides for a zoning District Map where the zoning districts established by the ordinance are shown. [Meridian City Code § II-6-1.] The "Zoning Ordinance" provides for general procedures for the initiation and process of zoning amendment applications including notice and hearing procedures before the Planning and Zoning Commission and the City Council. [Meridian City Code § 11-15-1 - 11-15-6.] The General Standards Applicable To Zoning Amendments include the following [Meridian City Code § 11-15-1 I]: 5.5.1 Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 5.5.2 Is the area included in the zoning amendment intended to be rezoned in the future; 5.5.3 Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022 "'11"'>1i'.<' ""'IF' ' I' inw commercial area by means of conditional use permits; 5.5.4 Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone areas; 5.5.5 Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 5.5.6 Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 5.5.7 Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 5.5.8 Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 5.5.9 Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 5.5.10 Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 5.5.1 I Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 5.5. 12 Is the proposed zoning amendment in the best interest of the City of Meridian. 6. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act", 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. Development Conditions: 7. The City is authorized by Lc. § 67-651 I A by the adoption of an ordinance to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel which the City has enacted as a part of the "Zoning Ordinance" at Meridian City Code § 11-15-12 and if the property is annexed and zoned Meridian City Code § 11- 16-4. 8. 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 ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 9. 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: Meridian City Code § 11-2-4 which pertains to development time schedules and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022 requirements; Meridian City Code § 12-4-13, which pertains to the piping of ditches; and Meridian City Code § 12-5-2 N, which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION 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 January 18, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') 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 January 18, 2000, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-651 I, and Meridian City Code §§ 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Titles 1 I and 12, 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 is approximately 1 a acres in size. The property is located on the north side of Magic View Drive west of Eagle Road. The property is designated as Lots 2 and 3, Magic View Subdivision, and described as follows: LOTS 2 AND 3 IN AMENDED MAGIC VIEW SUBDIVISION A parcel of land located in the Northeast quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada Cpunty, Idaho, being all of Lots 2 and 3 in the Amended Magic View Subdivision, according to the official plat thereof, records of Ada County, Idaho, and which parcel is also described as follows: Commencing at a brass cap marking the quarter corner common to Sections 16 and 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 00°22'58" West 1,326.59' to the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 17; thence FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022 North 89°58'30" West 391.41' to the Northeast corner of said Lot 2, said point being the real point of beginning; thence South 00°07'50" East 579.3 I feet along the Easterly boundary of said Lot 2 to a point lying on the centerline of Magic View Drive, being the Southeast corner of said Lot 2; thence South 89°37'02" West 315. 10 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to a point; thence North 83°21'41" West 64.86 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 2 to the Southwest corner of said Lot 2; thence North 83°11'15" West 405.26 feet along the centerline of Magic View Drive and Southerly boundary of said Lot 3 to the Southwest comer of said Lot 3; thence North 00°03'08" West 526.18 feet along the Westerly boundary of said Lot 3 to the Northwest corner of said Lot 3; thence South 89°58'30" East 78 I .08 feet along the Northerly boundary of said Lots 2 and 3 to the point of beginning. 5. The owner of record of the subject property is W.H.Moore/Jim Boyd, of PO Box 8204, Boise, Idaho. 6. Applicant is owner of record. 7. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of residential property. 8. The Applicant requested the property be zoned as Limited Office (L-O). 9. The subject property is bordered to the north by Greenhill Estates Subdivision and city limits of the City of Meridian are adjacent and abut the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022 property to the south and east sides of the property. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. 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. 12. The Applicant proposes to develop the subject property in the following manner: Develop an office complex. 13. The Applicant requests zoning of the subject real property as Limited Office (L-O) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Commercial and Mixed /Planned Use Development. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. The Applicant request zoning of the subject real property as Limited Office (L-O). The application is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Commercial and MixedIPlanned Use Development. Further, this application is consistent with the following provisions of the Meridian Comprehensive Plan: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 The subject property is located in an area designated as Mixed/Planned Use Development in the Meridian Comprehensive Plan. It is within the Meridian Urban Service Planning Area. COMPREHENSIVE PLAN POLICIES Economic Development Chapter Policies 1.2, 1.3, and 1.9 Land Use Chapter Policies 4AU, 4.8U, 5.8, 5.9, 5.11, 5. l4U, 5. l5U Community Design Chapter Policies 1.3, lA, 2.1U, 2.2U, 2.3U and 2.5U 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 as a condition of Staff review and approval of development permits, and which restrict the use and. development of the subject real property under the Limited Office Development procedures and pursuant to the conditional use permit process, to-wit: Adopt the Recommendations of the Planning and Zoning Staff, modified at the request of the Planning and Zoning Commission as follows: 16.1 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022 written confinnation 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 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. 16.4 Paving and striping shall be in accordance with the standards set forth in Sections 1I-2-4l4.D.4 and 1I-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 16.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 16.6 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 1I-2-l4.D.3, 16.7 All signage shall be in accordance with the standards set forth in Section 1I-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be pennitted. 16.8 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 16.9 All construction shall confonn to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 16.10 Applicant shaIl enter into a License Agreement with Ada County Highway District to construct, and perpetuaIly maintain, a 30- foot wide buffer with a 4-foot high berm and a 6-foot high solid, wooden fence on top of the benn along the entire length of Lot 2 in the Amended Magic View Subdivision. This obligation shall be appurtenant to Lot 2. l6.1I Applicant shall construct a minimum 20-foot wide buffer with a 4-foot high berm and a 6-foot high solid, wooden fence on top of the berm along the entire length of Lot 3 in the Amended Magic View Subdivision. 16.12 Applicant shall be required to dedicate all right-of-way along St. Luke's Street, and Magic View Drive by recorded Warranty Deed or recorded plat prior to the issuance of any building permits. 16.13 The Applicant has submitted a draft site plan to provide a general overview of expected development type location and amenities. The proposed site plan proposes to the dedication of a new public right-of-way. All public easements shaIl be designed by plat or other document of record showing their location. 16.14 Existing easements are shown on the recorded plat of the Amended Magic View Estates Subdivision which will be in conflict with the new proposed layout. Applicant shall vacate conflicting easements prior to applying for building permits. 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, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers wiIl be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is found that the development considerations which must be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is hannonious 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. Decision and Order now, therefore, based upon the above and foregoing Findings of Fact and Conclusions of Law, the City Council does hereby ORDER and this does ORDER: 1. The applicant's request for annexation and zoning of approximately 10.00 acres to Limited Office (L-O) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 10.00 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. 3. Developer enter into a Development Agreement that provides in the event the conditions therein provided are not met by the Developer that the property shall be subject to re-zone and de-annexation from the City of Meridian, which Agreement shall provide for the following conditions of use and development; to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022 3.A The Applicant shall use the subject property to develop, use and maintain professional office with any other uses permitted in the subject zone only as a conditional use. 3.B. The Applicant shall develop the subject property in accordance with the following conditions: 3.B. I 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. 3.B.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. 3.B.3 Off-street parking shall be provided in accordance with Section 1 I -2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 3.B.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2"414.D.4 and 11-2- 414.0.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3.B.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX / BY: W.H. MOORE CO. / CASE NO. AZ-99-022 3.B.6 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 1 I -2-14.D.3. 3.B.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 3.B.8 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 1 I -9-606.B. 3.B.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.B.1OApplicant shall enter into a License Agreement 'Nith Ada County Highway District to construct, and perpetually maintain, a 30-foot wide buffer with a 4-foot high berm and a 6-foot high solid, wooden fence on top of the berm along the entire length of Lot 2 in the Amended Magic View Subdivision. This obligation shall be appurtenant to Lot 2. 3.B.IIApplicant shall construct a minimum 20-foot wide buffer with a 4-foot high berm and a 6-foot high solid, wooden fence on top of the benn along the entire length of Lot 3 in the Amended Magic View Subdivision. 3.B.12Applicant shall be required to dedicate all right-of-way along St. Luke's Street, and Magic View Drive by recorded Warranty Deed or recorded plat prior to the issuance of any building permits. 3.B.13The Applicant has submitted a draft site plan to provide a general overview of expected development type location and amenities. The proposed site plan proposes to the dedication of a new public right-of-way. All public easements shall be designated by plat or other document of record showing their location. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX! BY: W.H. MOORE CO.! CASE NO. AZ-99-022 3 .B.14Existing easements are shown on the recorded plat of the Amended Magic View Estates Subdivision which will be in conflict with the new proposed layout. Applicant shall vacate conflicting easements prior to applying for building pennits. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (L-O) Limited Office District (Meridian City Code § 11-7-2 G). 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § I 1-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX/ BY: W.H. MOORE CO. / CASE NO. AZ-99-022 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 7-ð. day of ÎV1.JiA vt..- ,2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED ~'--' COUNCILMAN KEITH BIRD VOTED ~--- VOTED~ COUNCILPERSON TAMMY deWEERD COUNCILPERSON CHERIE McCANDLESS VOTED* MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: $- 7~oo VOTED- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX ¡ BY: W.H. MOORE CO. ¡ CASE NO. AZ-99-022 MOTION: APPROVEDß DISAPPROVED:- Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By~~~Gl Ity Clerk ' Dated: J-- 7- tJo msyZ:\Work\M\Meridian I 5360M\Magic View\AZFfCls FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/MAGIC VIEW OFFICE COMPLEX I BY: W.H. MOORE CO. I CASE NO. AZ-99-022 / /~