Midvalley Business Park
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DEVELOPMENì~~~O9 99017968
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made
and entered into this /6~ day of ;:ëi;h£.a~ ' 1999, by and between
CITY OF MERIDIAN, a municipal corporation the State of Idaho, hereafter
called "CITY", and HUBBLE ENGINEERING, INc., an Idaho Corporation,
hereinafter called "DEVELOPER", whose address is 9550 Bethel Court, Boise,
Idaho 83709,
1.
RECITALS:
1.1
1.2
1.3
1.4
1.5
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, 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
WHEREAS, CITY has exercised its statutory authority by the
enactment of Ordinance 11-2-416L and 11-2-417D, which
authorizes development agreements upon the annexation 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 requested a designation of General Retail and Service
Commercial IC-G) , 11-2-408 (11) (Municipal Code ofthe City
of Meridian), with a conditional use permit and has submitted a
site plan in connection with the development of the property,
which site plan is subject to specified terms and conditions, has
been recommended for approval by the Meridian Planning &
Zoning Commission to the Meridian City Council; 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
DEVELOPMENT AGREEMENT
MillV ALLEY BUSINESS PARK SUBDIVISION
PAGE
1.6
1.7
1.8
1.9
WHEREAS, record of the proceedings request for annexation and
zoning designation of the subject Property held before the
Planning & Zoning Commission, and subsequently before the
City Council, include responses of government subdivisions
providing services within the City of Meridian planning
jurisdiction, and received further testimony and comment; and
WHEREAS, City Council, the 5th day of January, 1999, has
approved certain Order Approving the Findings of Fact and
Conclusions of Law of the Planning and Zoning Commission and
Decision and Order, set forth in Exhibit B, which are attached
hereto and by this reference incorporated 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 talœs final action
on annexation and zoning designation; and
WHEREAS, 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 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, herein been established as a result of
evidence received by the City in the proceedings for annexation
and zoning designation from government subdivisions providing
services 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.
DEVELOPMENT AGREEMENT
MillV ALLEY BUSINESS PARK SUBDIVISION
PAGE
2
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in
full.
2.
3.
USES PERMITTED BY THIS AGREEMENT:
3.1
3.2
3.3
4.
The uses allowed pursuant to this Agreement are those uses
allowed under CITY's Zoning Ordinance General Retail and
Service Commercial (C-G) codified at section 11-2-408 (11)
Municipal Code of the City of Meridian.
DEVELOPER agrees that this Agreement specifically allows only
the uses and/or conditional uses described in the above referenced
Zoning Ordinance on the date thereof and which uses are
specifically incorporated herein.
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
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.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBTECT
PROPERTY:
5.1
DEVELOPER shall develop subject Property including the
obtainment of the appropriate permits and compliance with CITY
ordinances regarding the building permits and other life safety
codes applicable to such development in accordance with the
following special conditions:
5.1.1 That DEVELOPER, in accordance with its representations
before the CITY, shall, on the land described in Exhibit A,
DEVELOPMENT AGREEMENT
MlDV ALLEY BUSINESS PARK SUBDIVISION
PAGE
construct a commercial subdivision as specified on the
preliminary plat of Midvalley Business Park Subdivision.
5.1.2 All uses allowed in the General Retail and Service
Commercial (C-G) zone can only be developed and
allowed pursuant to the rules and regulations and
ordinances of the City by conditional use permit as a
planned development unless the use is provided for in this
agreement without conditional use permit as set forth in
Section 6.1 of this agreement. All development upon the
real property, which is the subject of this agreement, shall
be subject to design review by the "City".
5.1.3 Sanitary sewer service to this site will be via an extension
from the existing line in Magic View Drive. Applicant
shall be responsible to construct the sewer mains to and
through this proposed development. Subdivision designer
to coordinate main sizing and routing with the Public
Works Department. Sewer manholes are to be provided to
keep the sewer lines on the south and west sides of
centerlines.
5.1.4 Water service to this site will be via extension of the
existing main in Magic View Drive. Applicant shall be
responsible to construct the water mains to and through
this proposed development. Subdivision designer to
coordinate main sizing and routing with the Public Works
Department.
5.1.5 Graphically depict proposed easements on the plat; Note 2
does not designate widths and is unclear. The property
lines for the existing lot in Magic View Subdivision extend
to the centerlines of the roadways; the roadâ are currently
easements. Revise the plat to show the appropriate
existing property lines and dedication of the roadways as
public rights-of-way.
5.1.6 The 20-foot width shown is not adequate for a driveway.
Revise Lot 5, Block 1, to a minimum frontage of 30 feet.
DEVELOPMENT AGREEMENT
MIDV ALLEY BUSINESS PARK SUBDIVISION
PAGE
4
5.1. 7 Revise street names to conform to the requirements of the
Ada County Street Name Committee (i.e., add directional
designations) .
5.1.8 Add a note showing that all lots in this subdivision are
subject to the terms of a development agreement recorded
as in the records of Ada County, Idaho.
5.1.9 The Registered Land Surveyor needs to stamp, sign and
seal the preliminary plat.
5.1. 10 Provide 5' wide sidewalks in accordance with City
Ordinance Section 11-9-606B.
5.1.11 Any existing irrigation/drainage ditches crossing the
property to be included in this project, shall be tiled per
City Ordinance I 1-9-605M. The ditches to be piped
should be shown on the plat. 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.
5 .1.12Any 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. 13 Coordinate fire hydrant placement with the City of
Meridian's Public Works Department.
5.1.14 Indicate on the final plat map any FEMA floodplains
affecting the area being platted, and detail plans for
reducing or eliminating the boundary.
5. 1. 15Applicant has not indicated whether the pressurized
irrigation system within this development is to be owned
and maintained by the homeowners association or the
Nampa & Meridian Irrigation District. If the system is to
remain a private owners association system, plans and
DEVELOPMENT AGREEMENT
MIDV ALLEY BUSINESS PARK SUBDIVISION
PAGE
specifications shall be reviewed by the Public Works
Department as part of the development plan review
process. A draft copy of the pressurized irrigation system
0 & M manual must be submitted prior to plan approval.
The City of Meridian requires that pressurized irrigation
systems be supplied by a year round source of water. If a
creek or well source is not available, a single point
connection to the culinary water system shall be required.
If a single-point connection is utilized, the developer shall
be responsible for the payment of assessments for the
common areas prior to signature on the final plat by the
Meridian City Engineer.
5.1.16Show the master street drainage plan for the project,
including method of disposal and approval from any
affected drainage district.
5. 1. 17Roadway and roadway approaches to be approved by the
ACHD.
5. I .18 Off-street parking shall be provided in accordance with
Section 11-2-414 ofthe City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific
requirements.
5.1.19 Paving and striping shall be in accordance with the
standards set forth 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 Americans with
Disabilities Act (ADA) requirements.
5 .1.20A 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. If any surface drainage leaves the site,
the Nampa & Meridian Irrigation District must review
drainage plans. The developer must comply with Idaho
Code §31-3805.
5.1.21All construction shall conform to the requirements of the
Americans with Disabilities Act.
DEVELOPMENT AGREEMENT
MIDV ALLEY BUSINESS PARK SUBDIVISION
PAGE
6
5 .1.22Assessment fees for water and sewer service are determined
during the building plan review process. Applicant shall be
required to enter into an Assessment Agreement with the
City of Meridian. In addition to these assessments, water
and sewer "Late Comers" fees will be charged against this
parcel to help reimburse the parties responsible for
installing the water and sewer mains to their current
points.
5.1.23 No signage details were submitted. Detailed signage plans
must be included as part of this application for review and
approval.
5.1.24 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.
5.1.25All 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. All signage will be subject
to design review.
5.1.26Provide five-foot sidewalks within the development in
accordance with City Ordinance Section 11-9-606.B.
5.1.27 A minimum of one three-inch caliper tree is required for
every 1,500 square feet of pavement. Revise the landscape
plan to indicate what the landscaping symbols represent in
relation to the plant schedule. The plant schedule to
indicate 3" caliper minimum.
5 .1.28 Particular attention needs to be paid to lighting plans to
ensure that lights do not cause glare or impact adjacent
residential properties or the traveling public, as determined
by the Meridian Public Works Department. The Public
Works Department is in the process of determining
detailed standards for lighting.
5.1.29Public roadway is planned north of the proposed Idaho
Power Credit Union; however, it is unknown at this time
DEVELOPMENT AGREEMENT
MIDVALLEY BUSINESS PARK SUBDIVISION
PAGE
7
when the remainder of the public roadway needed to
Provide public access to the traffic signal on Eagle Road
will be constructed. Future development in this area will
need to have proper access to the traffic signal.
5 .1.30A development agreement is required as a condition of
annexation to insure that the development considerations
herein found reasonable are enforced.
6.
SPECIAL CONDITIONS: DEVELOPER agrees to the following special
conditions and development requirements.
6.1 CONDITIONAL USE PERMITS: DEVELOPER
acknowledges and agrees that only the following listed principal
permitted uses shall be allowed on this property without
conditional use permit approval, subject to compliance with
design standards within the Municipal Code of the City of
Meridian and the specific special conditions in the development
agreement.
a.
b.
Accounting Services;
Administrative Services;
Bakery Stores;
Banks or other Financial;
Clinics (Medical, Dental & Optical);
Hotels;
Motels;
Professional & Sales Offices;
Publishing & Printing Facilities (small);
Restaurants;
Retail Stores;
Veterinary Clinics & Hospitals;
c.
d.
e.
f.
g.
h.
i.
j.
k.
I.
DEVELOPER acknowledges and agrees that all other uses not
specifically listed above will be required to submit to the CITY an
application for Conditional Use pursuant to § 11-2-418 of the
Municipal Code of the City of Meridian or any amendments or
recodificiations thereof, and obtain the CITY's approval thereof,
prior to , and as a condition of, the commencement of
construction of any buildings or improvements on the Subject
Property intended for retail or other uses, it being acknowledged
that DEVELOPER has submitted an application for a
DEVELOPMENT AGREEMENT
MIDV ALLEY BUSINESS PARK SUBDIVISION
PAGE
Conditional Use Permit for the development of a professional
office building on Lot # 1, which application has been approved
subject to the execution of the Development Agreement and the
annexation of the Subject Property.
6.2
6.3
6.4
LANDSCAPING: DEVELOPER agrees to provide a
twenty foot (20') landscaping buffer along the entire
western boundary of Lots 1, 4 and 5 of the subdivision and
an eight foot (8') landscaping buffer along the entire
northern and eastern boundary of Lots 1,2,3, and 4 of the
subdivision upon their development. In addition, each
individual lot, when developed, shall provide for a
minimum of ten percent (10%) of the total developable
area as open space landscaping. All landscaping provided
shall meet the specific requirements of §§ 11-9-607(5) and
11-9-607 (6) of the Municipal Code of the City of
Meridian. Landscaping shall be maintained by each
individual lot owner. The developer of each lot within the
subdivision shall submit a detailed landscaping plan to the
City of Meridian for review prior to development.
LIGHTING: DEVELOPER agrees that each lot within
the subdivision, upon development, shall be subject to the
specific requirements of § 11-2-414D(3) of the Municipal
Code of the City of Meridian pertaining to Lighting Design
Standards for Off-Street Parking. The developer of each
lot within the subdivision shall submit a detailed lighting
plan to the City of Meridian for review prior to
development.
FENCING: DEVELOPER agrees to construct a six foot
(6') high screening fence along the entire western boundary
of Lots 1, 4 and 5 of the subdivision. The maintenance
and upkeep of the fence shall be the responsibility of the
established property owners association. Once the
property to the west is developed as a commercial use, each
lot owner in this subdivision may negotiate the removal of
the fence with the property owner(s) to the west. The
construction of the fence shall be subject to the specific
requirements of § 11-9-605 of the Municipal Code of the
City of Meridian.
PAGE
9
DEVELOPMENT AGREEMENT
MIDV ALLEY BUSINESS PARK SUBDNISION
6.5
6.6
6.7
PARlGNG: DEVELOPER agrees that each lot within the
subdivision, upon development, shall be subject to the
specific requirements of § 11-2-414 of the Municipal Code
of the City of Meridian pertaining to Off-Street Parking.
The amount of off-street parking spaces required will be
subject to the Schedule of Parking Space Requirements
established in § 11-2-414(E) ofthe Municipal Code of the
City of Meridian and based on the type of use for each lot
in the subdivision. The developer of each lot within the
subdivision shall submit a detailed parking plan to the City
of Meridian for review prior to development.
SIGNAGE: DEVELOPER agrees that the location and
placement of all signs on each lot are subject to the
regulations set forth in the Uniform Sign Ordinance as
adopted in § 11-2-415 of the Municipal Code of the City
of Meridian, Detached, freestanding signs shall be limited
in height to ten feet (10') for each lot within the
subdivision. The developer of each lot within the
subdivision shall submit a detailed sign plan to the City of
Meridian for review prior to development.
MERIDIAN ORDINANCES: DEVELOPER agrees that,
upon development, each lot owner within the subdivision
shall develop their lot in a manner that meets all
requirements of the Municipal Code of the City of
Meridian. Specifically, the developer shall adhere to
building setbacks, height restrictions, design criteria and
allowed uses for the CoG zone.
INSPECTION: DEVELOPER shall, immediately upon completion of
any portion or the entirety of said development of the Property, notify
the City Engineer and request the City Engineer's inspections and
written approval of such completed improvements or portion thereof in
accordance with the terms and conditions of this Development
Agreement and all other ordinances of the City that apply to said
Development.
7.
8.
COMPLIANCE PERIOD! CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the
PAGE
10
DEVELOPMENT AGREEMENT
MIDV ALLEY BUSINESS PARK SUBDIVISION
9.
zoning designation reversed, upon failure of DEVELOPER or
DEVELOPER's heirs, successors, assigns, to comply with the
commitments contained herein within two (2) years, and after
complying with the notice and hearing procedures as outlined in § 67-
6509, Idaho Code, or any subsequent amendments or recodifications
thereof. Provided, however, no such consent to rezone shall occur
unless CITY provides written notice of any failure to comply with this
Agreement to DEVELOPER and DEVELOPER fails to cure such failure
within six (6) months of such notice. The two (2) year period oftime
for compliance may be extended by CITY for just cause and upon
notification for such by DEVELOPER, and after complying with the
notice and hearing procedures as outlined in § 67-6509, Idaho Code, or
any subsequent amendments or recodifications thereof.
REOUlREMENT 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 vvith the
annexation and zoning of the Property contemplated hereby, the CITY
shall execute and record an appropriate instrument of release of this
Agreement.
10.
ZONING: CITY shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the Property as
specified herein.
11.
DEFAULT
11.1 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 connections with the Property, this Agreement may be
modified or terminated by the CITY upon compliance with the
requirements of the Zoning Ordinance.
11.2 A waiver by CITY of any default by DEVELOPER of anyone or
more of the covenants or conditions hereof shall apply solely to
the breach and breaches waived and shall not bar any other rights
DEVELOPMENT AGREEMENT
MIDV ALLEY BUSINESS PARK SUBDIVISION
PAGE
11
12.
13.
14.
or remedies of CITY or apply to any subsequent breach of any
such or other covenants and conditions.
REMEDIES. This Agreement shall be enforceable in any court of
competent jurisdiction by either CITY or DEVELOPER, or by any
successor or successors in title or by the assigns 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 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
within such failure may be cured shall be extended for such
period as may be necessary to complete the curing of the same
with diligence and continuity.
12.2 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.
SURETY OF PERFORMANCE: The CITY may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under 11-9-606 C of the Revised and
Compiled Ordinances of the CITY of Meridian, to insure that
installation of the improvements, and the DEVELOPER agrees to
provide such, if required by the CITY.
CERTIFICATE OF OCCUPANCY: That 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
PAGE
12
DEVELOPMENT AGREEMENT
MIDV ALLEY BUSINESS PARK SUBDIVISION
15.
16.
in a phased developed; in any event, no Certificate of Occupancy shall
be issued in any phase in which the improvements have not been
installed, completed, and accepted by the CITY.
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.
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 City
200 E. Carlton. Suite 10 1
Meridian, ID 83642
Hubble Engineering, Inc.
do Bill Johnson
9550 Bethel Court
Boise, Idaho 83709
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
PAGE
13
DEVELOPMENT AGREEMENT
MIDV ALLEY BUSINESS PARK SUBDIVISION
18.
19.
20.
21.
between the parties and shall survive any default, termination or
forfeiture of this Agreement.
Time is of the Essence: The parties hereto aclmowledge 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.
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 ovvner
of the Property, each subsequent owner and each other person acquiring
an interest in the Property. Nothing herein shall in any way prevent
sale or alienation 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.
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 therefrom and the invalidity thereof shall.not affect any of
the other provisions contained herein, except that if an provision of this
Agreement is held not valid which DEVELOPER's development of the
Property, DEVELOPER may, at its sole discretion, declare this entire
Agreement null and void of no force and effect and thereby relieve all
parties from any obligations hereunder.
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
DEVELOPMENT AGREEMENT
MIDV ALLEY BUSINESS PARK SUBDIVISION
PAGE
14
their successors in interest or their assigns, and pursuant, with respect to
CITY, to a duly adopted ordinance or resolution of CITY.
21.1
No condition herein provided can be modified or amended in
connection other than as provided for herein and after public
hearing by the City Council, in accordance with the notice
provisions provided for zoning designation or amendment under
enforcement at the time.
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
MIDV ALLEY BUSINESS PARK SUBDIVISION
PAGE
15
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as herein above provided.
HUBBLE ENGINEERING, INe. an Idaho Corporation
~
BY: -- J' :-e.." ~..~( cð#.~<,.. ---
Attest
~~..... \:::::>. \~-
BY RESOLUTION NO.
CITY OF MERIDIAN
Attest:
~~~ de.¡. ~
City Clerk
BY RESOLUTION NO. .1/ tCS
DEVELOPMENT AGREEMENT
MIDVALLEYBUSINESS PARK SUBDIVISION
PAGEì6
STATEOFIDAHO)
COUNTY OF ADA
) ss
)
On this~ day of ~"=>-~1rc . in the year '--""co\,"" .
before me, -:s...,~, ~ - '""" \~í"'-~ otary Public, personally appeared
~ --T'\?'",,'o...- and . of Hubble
Enginee~, Inc., kn!>wn or identified to me to be the =-- ~ ~~~ and
cr.......ç-~<"'O.r-<',.....\ rP;::,-ef said Hubble Engineering, Inc., Ada County, te of
Idaho, and also who executed the instrument or the person that executed the
instrument on behalf of said Hubble Engineering, Inc., and acknowledge to me
having ~~~ame.
~'è.t. U. Ito~~.~
ill' .!>:.~. ~"'-
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STATE OF 0 )
~~~\~bli~or~~~
Commission expires: \ \A.. \==c¡;;-
) ss
COUNTY OF ADA )
On this I (Ptk-d~ ,of ~ R ~ ~ . in the year I 9c¡Cf .
before me A~<" { '" r<1. . a otary Public, personally appeared
Robert D. Cor and William G. Berg, known 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 on behalf of said City, and acknowledged
to me that such City executed the same. ~
,.". """"'14.
"':'6~L L. 8h~..
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DEVELOPMENT AGREEMENT
MIDV ALLEY BUSINESS PARK SUBDIVISION
PAGE 17
CONSENT RESOLUTION
OF
HUBBLE ENGINEERING, INC.
THE UNDERSIGNED, being the sole director and stockholder of HUBBLE
ENGINEERING, INC., an Idaho Corporation, does hereby take and authorize the following
corporate action, without a meeting in accordance with the general corporation laws of the State
of Idaho and the constituent documents for the Corporation.
WHEREAS, the Corporation is required in the processing of the entitlements for
development of the Mid Valley Business Park to execute certain documents with the City of
Meridian;
WHEREAS, the undersigned believes the actions authorized hereunder on behalf of the
Corporation are in its best interests and are in accordance with the purposes, philosophy and
history of the Corporation;
NOW, THEREFORE, the following corporate actions are hereby authorized;
I. RESOLVED, the following persons, in their capacity as officers of the Corporation, are
hereby authorized to execute all documents, including but not limited to 1he Development
Agreement, with the City of Meridian pertaining to Mid Valley Business Park:
E. Don Hubble,
Barry K. Teppola
President
Secretary and Chief Financial Officer
2. RESOLVED, FURTHER, that the Corporation hereby indemnifies the officers of the
Corporation and holds them harnùess of any claim, losses or damage that they may incur as a
result of their capacity as officers of the Corporation in execution of any and duties 1herein.
3. RESOLVED, FURTHER, that any person or entity can rely upon the foregoing upon
presentation of a copy (or extract hereof) of this Resolution certified by the President, Secretary
or an Assistant Secretary of the Corporation.
IN WITNESS WHEREOF, the undersigned has signed this Consent Resolution authorizing the
foregoing corporate action effective as of the 10th day of February, 1999.
E[~
Sole Director & Stockholder
E:\ WORDlHEI\CONSENT
EXHIBIT A
Legal Description Of Property
DESCRIPTION FOR LOT 10
OF AMENDED MAGIC VIEW SUBDIVISION
Lot 10 of Amended Magic View Subdivision as recorded in
Book 52 of Plats at Pages 4445 and 4446, records of Ada County,
Idaho, located in the SE 1/4 of the NE 1/4 of Section 17, T.3N.,
R. IE., B.M., Ada County, Idaho more particularly described as
follows:
Beginning at the northwest comer of said Lot 10;
thence along the exterior boundary line of said Lot 10 the
following courses:
South 83°11'15" East, 230.88 feet;
thence South 83°21'41" East, 64.86 feet;
thence South 00°22'58" East, 611.11 feet;
thence North 84°41'13" West, 473.05 feet;
thence North 16°03'06" East, 626.61 feet to the Point of Beginning,
containing 5.40 acres more or less.
EXHIBIT "A" TO DEVELOPMENT AGREEMENT
MIDV ALLEY BUSINESS PARK SUBDNISION
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
EXHIBIT "A" TO DEVELOPMENT AGREEMENT
MIDV ALLEY BUSINESS PARK SUBDN1SION
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF HUBBLE
ENGINEERING, NORTHWEST
OF EAGLE ROAD/l-84
INTERCHANGE AND WEST OF
EXISTING TEXACO, FOR
ANNEXATION AND ZONING OF
5.4 ACRES FOR PROPOSED
MIDV ALLEY BUSINESS PARK
SUBDIVISION, MERIDIAN,
IDAHO
ORDER APPROVING THE
FINDINGS OF FACT AND
CONCLUSIONS OF LAW OF THE
PLANNING AND ZONING
COMMISSION AND DECISION
AND ORDER
The above entitled annexation and zoning application having come on for
public hearing on February 2,1999, at the hour of 7:00 o'clock p.m., and Shawn L. Nickel
of Hubble Engineering, Project Manager, Rich Alyson, Bob Barnes, Howard Hunks, having
appeared and testified in favor of the application, and Larry Sale of ACHD having stated
the position of the ACHD, following this public hearing the matter was brought bacl<:
before the City Council for consideration of Findings of Fact and Conclusions of Law at
the regular Council meeting of January 5, 1999. At that time the Planning and Zoning
Administrator informed the Council that there was an issue with the Developer regarding
a condition of a development agreement requiring conditional use permit requirements for
all lots that would be developed and in order to afford further testimony, and to receive
additional evidence on that issue, it was determined by the Council to reopen the public
ORDER APPROVING THE FINDINGS OF FACT
AND CONCLUSIONS OF LAW AND THE
DECISION AND ORDER FOR CITY COUNCIL - 1
hearing and give notice in accordance with the law, which was then scheduled for
February 2, 1999. This matter then came on for public hearing on the 2nd of February,
1999, at the hour of 7:30 o'clock p.m., and Shawn L. Nickel of Hubble Engineering,
Project Manager, testified in favor, and Brad Hawkins Clark requested additional time to
address the request of the Developer, and Bob Barnes of 2855 Magic View Dr., owner of
a neighboring property, appearing and asking questions regarding the proposed fencing for
the project and the City Council having duly considered the evidence, 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 AND CONCLUSIONS OF LAW
1.
The City Council hereby adopts the Findings of Fact and
Conclusions of Law as set fonh by the Planning and Zoning Commission dated
October 13, 1998, and the Recommendation to City Council of the Planning and
Zoning Commission dated December 15, 1998, with the following exceptions:
l.l
That Finding of Fact § 17.2 at page 4 and 5 thereof to read:
"A development agreement is required as a condition of annexation
which shall require development of the subject real property in
accordance with the conditions of annexation and zoning
designation herein specified."
1.2
That Finding of Fact § 17.21 at page 7 thereof is not adopted.
ORDER APPROVING THE FINDINGS OF FACT
AND CONCLUSIONS OF LAW AND THE
DECISION AND ORDER FOR CITY COUNCIL - 2
2.
The City Council hereby adopts the Recommendation to City
Council of the Planning and Zoning Commission dated December 15 ,1998, with the
follovving exceptions:
2.1
3.
The sentence "All uses will be developed under the conditional use
permit process as planned developments" of Section 1.2 of the
Recommendation at page 3 is not adopted.
That the Findings of Fact and Conclusions of Law as set forth by
the Planning and Zoning Commission dated October 13, 1998, as herein adopted shall
also include in addition thereto Finding 19 therein the follovving:
3.1
That the Development Agreement contain the follovving
development requirements:
"Conditional Use Permits: Developer aclmowledges and agrees that
only the following listed principal permitted uses shall be allowed
on this property without conditional use permit approval, subject
to compliance with design standards within the Zoning Ordinance
of the City of Meridian, Idaho and the specific special conditions
in the development agreement:
a.
b.
Accounting Services;
Administrative Services;
Balœry Stores;
BanlG or other Financial;
Clinics (Medical, Dental & Optical);
Hotels;
Motels;
Professional & Sales Offices;
Publishing & Printing Facilities (small);
Restaurants;
Retail StOres;
Veterinary Clinics & Hospital
c.
d.
e.
f.
g.
h.
i.
j.
k.
I.
ORDER APPROVING THE FINDINGS OF FACT
AND CONCLUSIONS OF LAW AND THE
DECISION AND ORDER FOR CITY COUNCIL - 3
3.2
3.3
3.4
DEVELOPER aclmowledges and agrees that all other uses not
specifically listed above will be required to submit to the CITY an
application for Conditional Use pursuant to § 11-2-418 of the
Meridian Zoning and Development Ordinance, or any
amendments or recodifications thereof, and obtain the CITY'S
approval thereof, prior to, and as a condition of, the
commencement of construction of any buildings or improvements
on the subject Property intended for retail or other uses, it being
aclmowledged that DEVELOPER has submitted an application for
a Conditional Use Permit for the development of a professional
office building on Lot # 1, which application has been approved
subject to the execution of the Development Agreement and the
annexation of the Subject Property.
LANDSCAPING: DEVELOPER agrees to provide a twenty foot
(20') landscaping buffer along the entire western boundary of Lots
1, 4 and 5 of the subdivision and an eight foot (8') landscaping
buffer along the entire northern and eastern boundary of Lots 1,2,
3 and 4 of the subdivision upon their development. In addition,
each individual lot, when developed, shall provide for a minimum
often percent (10%) of the total developable area as open space
landscaping. All landscaping provided shall meet the specific
requirements of Titles 9-607(5) and 9-607(6) of the Zoning
Ordinance of the City of Meridian, Idaho. Landscaping shall be
maintained by each individual lot owner. The developer of each
lot within the subdivision shall submit a detailed landscaping plan
to the City of Meridian for review prior to development.
LIGHTING: DEVELOPER agrees that each lot within the
subdivision, upon development, shall be subject to the specific
requirements of Section 11-2-414D(3) of the Meridian Municipal
Code of the City of Meridian pertaining to Lighting Design
Standards for Off-Street Parking. The developer of each lot within
the subdivision shall submit a detailed lighting plan to the City of
Meridian for review prior to development.
FENCING: DEVELOPER agrees to construct a six foot (6') high
screening fence along the entire western boundary of Lots 1, 4 and
ORDER APPROVING THE FINDINGS OF FACT
AND CONCLUSIONS OF LAW AND THE
DECISION AND ORDER FOR CITY COUNCIL - 4
3.5
3.6
3.7
5 of the subdivision. The maintenance and upkeep of the fence
shall be the responsibility of the established property owners
association. Once the property to the west is developed as a
commercial use, each lot owner in this subdivision may negotiate
the removal of the fence vvith the property owner(s) to the west.
The construction of the fence shall be subject to the specific
requirements of § 11-9-605 of the Municipal Code of the City of
Meridian.
PARlGNG: DEVELOPER agrees that each lot within the
subdivision, upon development, shall be subject to the specific
requirements of § 11-2-414 of the Municipal Code of the City of
Meridian pertaining to Off-Street Parking. The amount of off-
street parking spaces required will be subject to the Schedule of
Parking Space Requirements established in § 11-2-414(E) and
based on the type of use for each lot in the subdivision. The
developer of each lot within the subdivision shall submit a detailed
parking plan to the City of Meridian for review prior to
development.
SIGNAGE: DEVELOPER agrees that the location and placement
of all signs on each lot are subject to the regulations set forth in the
Uniform Sign Ordinance as adopted in § 11-2-415 of the
Municipal Code of the City of Meridian. Detached, freestanding
signs shall be limited in height to ten feet (10') for each lot within
the subdivision. The developer of each lot within the subdivision
shall submit a detailed sign plan to the City of Meridian for review
prior to development.
MERIDIAN ORDINANCES: DEVELOPER agrees that,upon
development, each lot owner within the subdivision shall develop
their lot in a manner that meets all requirements of the Zoning
Ordinance of the City of Meridian, Idaho. Specifically, the
developer shall adhere to building setbacks, height restrictions,
design criteria and allowed uses for the C-G zone.
ORDER APPROVING THE FINDINGS OF FACT
AND CONCLUSIONS OF LAW AND THE
DECISION AND ORDER FOR CITY COUNCIL - 5
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.
That the applicant prepare the legal description for the annexation
included in the application with legal description and submit an annexation permit or
legal description for the proposed site as set forth hereinabove. The legal description
for the annexation needs to be a metes and bounds description tied to government
corners. The annexation description must place this parcel contiguous to the existing
Corporate City Limits of the City of Meridian (Ord. No. 659, 8/2/94). 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 new metes and bounds boundary description shall place this parcel
contiguous to Ordinance No. 714 dated 9/19/95.
2.
That the City Attorney shall prepare for consideration by the City
Council the appropriate ordinance for the annexation and zoning designation. The
(C-G) General Retail and Service Commercial shall not be finally approved by the City
Council until provisions have been met as follows:
3.
Applicant enter into a development agreement that provides that
ORDER APPROVING THE FINDINGS OF FACT
AND CONCLUSIONS OF LAW AND THE
DECISION AND ORDER FOR CITY COUNCIL - 6
in the event the conditions herein are not met by the developer that the property shall
be subject to de-annexation, 'with the City of Meridian which provides the conditions
of the development.
3.1
That the Development Agreement contain the following
development requirements:
"Conditional Use Permits: Developer aclmowledges and agrees that
only the following listed principal permitted uses shall be allowed
on this property without conditional use permit approval, subject
to compliance with design standards within the Zoning Ordinance
of the City of Meridian, Idaho and the specific special conditions
in the development agreement:
a.
b.
Accounting Services;
Administrative Services;
Bakery StOres;
Banks or other Financial;
Clinics (Medical, Dental & Optical);
Hotels;
Motels;
Professional & Sales Offices;
Publishing & Printing Facilities (small);
Restaurants;
Retail Stores;
Veterinary Clinics & Hospital
c.
d.
e.
f.
g.
h.
i.
j.
k.
I.
DEVELOPER aclmowledges and agrees that all other uses not
specifically listed above will be required to submit to the CITY an
application for Conditional Use pursuant to § 11-2-418 of the
Meridian Zoning and Development Ordinance, or any
amendments or recodifications thereof, and obtain the CITY'S
approval thereof, prior to, and as a condition of, the
commencement of construction of any buildings or improvements
on the subject Property intended for retail or other uses, it being
aclmowledged that DEVELOPER has submitted an application for
ORDER APPROVING THE FINDINGS OF FACT
AND CONCLUSIONS OF LAW AND THE
DECISION AND ORDER FOR CITY COUNCIL - 7
3.2
3.3
3.4
a Conditional Use Permit for the development of a professional
office building on Lot # I, which application has been approved
subject to the e.xecution of the Development Agreement and the
annexation of the Subject Property.
LANDSCAPING: DEVELOPER agrees to provide a twenty foot
(20') landscaping buffer along the entire western boundary of Lots
1, 4 and 5 of the subdivision and an eight foot (8') landscaping
buffer along the entire northern and eastern boundary of Lots 1, 2,
3 and 4 of the subdivision upon their development. In addition,
each individual lot, when developed, shall provide for a minimum
of ten percent (10%) of the total developable area as open space
landscaping. All landscaping provided shall meet the specific
requirements of Titles 9-607(5) and 9-607(6) of the Zoning
Ordinance of the City of Meridian, Idaho. Landscaping shall be
maintained by each individual lot owner. The developer of each
lot within the subdivision shall submit a detailed landscaping plan
to the City of Meridian for review prior to development.
LIGHTING: DEVELOPER agrees that each lot within the
subdivision, upon development, shall be subject to the specific
requirements of Section Il-2-414D(3) of the Meridian Municipal
Code of the City of Meridian pertaining to Lighting Design
Standards for Off-Street Parking. The developer of each lot within
the subdivision shall submit a detailed lighting plan to the City of
Meridian for review prior to development.
FENCING: DEVELOPER agrees to construct a six foot (6') high
screening fence along the entire western boundary of Lots 1, 4 and
5 of the subdivision. The maintenance and upkeep of the fence
shall be the responsibility of the established property owners
association. Once the property to the west is developed as a
commercial use, each lot owner in this subdivision may negotiate
the removal of the fence with the property owner(s) to the west.
The construction of the fence shall be subject to the specific
requirements of § 11-9-605 of the Municipal Code of the City of
Meridian.
ORDER APPROVING THE FINDINGS OF FACT
AND CONCLUSIONS OF LAW AND THE
DECISION AND ORDER FOR CITY COUNCIL - 8
3.6
3.7
3.8
3.9
3.5
PARKING: DEVELOPER agrees that each lot within the
subdivision, upon development, shall be subject to the specitìc
requirements of § 11-2-414 of the Municipal Code of the City of
Meridian pertaining to Off-Street Parking. The amount of off-
street parking spaces required will be subject to the Schedule of
Parking Space Requirements established in § 11-2-414(E) and
based on the type of use for each lot in the subdivision. The
developer of each lot ,vithin the subdivision shall submit a detailed
parking plan to the City of Meridian for review prior to
development.
SIGNAGE: DEVELOPER agrees that the location and placement
of all signs on each lot are subject to the regulations set forth in the
Uniform Sign Ordinance as adopted in § 11-2-415 of the
Municipal Code of the City of Meridian. Detached, freestanding
signs shall be limited in height to ten feet (10') for each lot within
the subdivision. The developer of each lot within the subdivision
shall submit a detailed sign plan to the City of Meridian for review
prior to development.
MERIDIAN ORDINANCES: DEVELOPER agrees that, upon
development, each lot owner within the subdivision shall develop
their lot in a manner that meets all requirements of the Zoning
Ordinance of the City of Meridian, Idaho. Specifically, the
developer shall adhere to building setbacks, height restrictions,
design criteria and allowed uses for the C-G zone.
Sanitary sewer service to this site will be via an extension from the
existing line in Magic View Drive. Applicant shall be responsible
to construct the sewer mains to and through this proposed
development. Subdivision designer to coordinate main sizing and
routing with the Public Works Department. Sewer manholes are
to. be provided to keep the sewer lines on the south and west sides
of centerlines.
Water service to this site will be via extension of the existing main
in Magic View Drive. Applicant shall be responsible to construct
the water mains to and through this proposed development.
ORDER APPROVING THE FINDINGS OF FACT
AND CONCLUSIONS OF LAW AND THE
DECISION AND ORDER FOR CITY COUNCIL - 9
Subdivision designer to coordinate main sizing and routing with
the Public Works Department.
3.10 Graphically depict proposed easements on the plat; Note 2 does
not designate widths and is unclear. The property lines for the
existing lot in Magic View Subdivision extend to the cemerlines of
the roadways; the road are currently easements. Revise the plat to
show the appropriate existing property lines and dedication of the
roadways as public rights-of-way.
3.11 The 20-foot width shown is not adequate for a driveway. Revise
Lot 5, Block 1, to a minimum frontage of 30 feet.
3.12 Revise street names to conform to the requirements of the Ada
County Street Name Committee (Le., add directional
designations).
3.13 Add a note showing that all lots in this subdivision are subject to
the terms of a development agreement recorded in the records of
Ada County, Idaho.
3.14 The Registered Land Surveyor needs to stamp, sign and seal the
preliminary plat.
3.15 Provide 5' wide sidewalks in accordance with City Ordinance
Section 11-9-606B.
3.16 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 11-9-
605M. The ditches to be piped should be shown on the plat.
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.
3.16 Any existing domestic wells and/or septic systems ,vithin this
project will have to be removed from their domestic service per
ORDER APPROVING THE FINDINGS OF FACT
AND CONCLUSIONS OF LAW AND THE
DECISION AND ORDER FOR CITY COUNCIL -10
City Ordinance Section 5-7-517. Wells may be used for non-
domestic purposes such as landscape irrigation.
3.17 Coordinate fire hydrant placement with the City of Meridian's
Public Works Department.
3.18 Indicate on the final plat map any FEMA floodplains affecting the
area being platted, and detail plans for reducing or eliminating the
boundary.
3.19 Applicant has not indicated whether the pressurized irrigation
system within this development is to be owned and maintained by
the homeowners association or the Nampa & Meridian Irrigation
District. If the system is to remain a private owners association
system, plans and specifications shall be reviewed by the Public
Works Department as part of the development plan review
process. A draft copy of the pressurized irrigation system 0 & M
manual must be submitted prior to plan approval. The City of
Meridian requires that pressurized irrigation systems be supplied
by a year round source of water. If a creek or well source is not
available, a single point connection to the culinary water system
shall be required. If a single-point connection is utilized, the
developer shall be responsible for the payment of assessments for
the common areas prior to signature on the final plat by the
Meridian City Engineer.
3.20 Show the master street drainage plan for the project, including
method of disposal and approval from any affected drainage
district.
3.21 Roadway and roadway approaches to be approved by the ACHD.
3.22 Off-street parking shall be provided in accordance with Section 11-
-414 of the City of Meridian Zoning and Development Ordinance
and/or as detailed in site-specific requirements.
3.23 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
ORDER APPROVING THE FINDINGS OF FACT
AND CONCLUSIONS OF LAW AND THE
DECISION AND ORDER FOR CITY COUNCIL - 11
Meridian Zoning and Development Ordinance and in accordance
with Americans with Disabilities Act (ADA) requirements.
3.24 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. If any surface
drainage leaves the site, the Nampa & Meridian Irrigation District
must review drainage plans. The developer must comply with
Idaho Code §31-3805.
3.25 All construction shall conform to the requirements of the
Americans with Disabilities Act.
3.26 Assessment fees for water and sewer service are determined during
the building plan review process. Applicant shall be required to
enter into an Assessment Agreement with the City of Meridian. In
addition to these assessments, water and sewer "Late Comers" fees
will be charged against this parcel to help reimburse the parties
responsible for installing the water and sewer mains to their current
points.
3.27 No signage details were submitted. Detailed signage plans must be
included as part of this application for review and approval.
3.28 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.
3.29 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. All signage will be subject to design review.
3.30 Provide five-foot sidewalks witlún the development in accordance
with City Ordinance Section 11-9-606.B.
ORDER APPROVING THE FINDINGS OF FACT
AND CONCLUSIONS OF LAW AND THE
DECISION AND ORDER FOR CITY COUNCIL - 12
3.31 A minimum of one three-inch caliper tree is required for every
1,500 square feet of pavement. Revise the landscape plan to
indicate ",hat the landscaping symbols represent in relation to the
plant schedule. The plant schedule to indicate 3" caliper
minimum.
3.32 Particular attention needs to be paid to lighting plans to ensure
that lights do not cause glare or impact adjacent residential
properties or the traveling public, as determined by the Meridian
Public Works Department. The Public Works Department is in
the process of determining detailed standards for lighting.
3.33 A public roadway is planned north of the proposed Idaho Power
Credit Union; however, it is unlmown at this time when the
remainder of the public roadway needed to provide public access to
the traffic signal on Eagle Road will be constructed. Future
development in this area will need to have proper access to the
traffic signal.
ORDER APPROVING THE FINDINGS OF FACT
AND CONCLUSIONS OF LAW AND THE
DECISION AND ORDER FOR CITY COUNCIL -13
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 being a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning 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 February 2, 1999.
ROLL CALL
COUNCILMAN ANDERSON
VOTED Y'¿t.-...
VOTED~
VOTEDr
VOTED~
VOTED-----.:!..-
COUNCILMAN BENTLEY
COUNCILMAN BIRD
COUNCILMAN ROUNTREE
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED:
MOTION: APPROVED~,
DISAPPROVED:-
Copy served upon Applicant, the Planning and Zoning Department and the Public
:~,~ D,"d ;'-2-'1'j
City Clerk
msg\D:IMyFileslMeridian Cily File\FindingsJlAnnexation and Zoning FFlMidvalley (TWO) Bus Park AZ FF for CC 5.4 acres.wpd
ORDER APPROVING THE FINDINGS OF FACT
AND CONCLUSIONS OF LAW AND THE
DECISION AND ORDER FOR CITY COUNCIL - 14
RECEIVED
FE8 - 2 1999
CITY OF MERIDIAN