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Crossroads Mall Family Center AZ 99-012 2000 NO -2 PH I: 37 RECORDED - REQUEST OF MERIDjAN!f}'r.cl" ) FEE~DEPUTY~v ti¡{ 100088407 ADA COUNTY RECORDER ,J. DAVID NAVARRO Bnl'jF.IDM'O DEVELOPMENT AGREEMENT 01-31-00 3. oty of Meridian Developers Diversified Realty Corporation, developer, for (AZ-99-O 12) and (RZ-99-007) Terrace Lawn Memorial Gardens, Inc., an Idaho corporation, owner, for (AZ..99-0l2) Hennes Associates, LTD, a Utah Umited Partnership, owner, (RZ-99-oo7) PARTIES: L 2. 4. THIS DEVELOPMENT AGREEMENT (this GAgreementW) , is made and entered into this Z{ Sf; day of MM d- ,2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called GcrTY", and DEVELOPERS DIVERSIFIED REALTY CORPORATION, "DEVELOPER,Ð whose address is 3300 Enterprise Parkway, Beachwood, Ohio 44122, and HERMES ASSOCIATES, LTD, A UTAH LIMITED PARTNERSHIP, .OWNER" whose address is c/o Developers Diversifled Re.alty Corporntion, 3300 Enterprise Parkway, Beachwood, OhIo 44122, and TERRACE LAWN MEMORIAL GARDENS, INc., "OWNER" whose address is 1200 N. Cloverdale Road, Boise, Idaho. I. RECITALS: J.l WHEREAS, "Terrace Lawn Memorial Gardens, Inc." and "Developers Diversified Realty Corporation" are the owners, 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 I"; and 1.2 WHEREAS, .OWNER- Hennes Associates, Ltd., a Utah Uooted Partnership, 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 B, which is attaChed hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Propcrty 2"; and DEVELOPMENT AGIU!EMENT. (AZ-~~-Ð12 and RZ-~9-ÐO7) - 1.3 1.4 1.5 WHEREAS, I.e. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or pennit as a condition of re-zoning that the owner or ŒDð'c:loper" make a written commitment conceming the use or development of the subject "Prope:rtyW; and WHEREAS, "Crty" has exercised its statutory authority by the enactment of Meridian City Code §§ 11-7-12 and 11-16-4 A, whid\ 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 I" described in Exhibit A. and has requested a designation of Community Business District (C- C), (Meñdian City Code) Case No. AZ-99-012 -; and 1.6 WHEREAS, "Developerw has submitted an application for rezone of the "Property 2" described in Exhibit 8, and has requested a designation of Conununity Business District (C-C),(Meridian City Code) Case No. RZ-99-OO7), and which will be developed in conjunction with Property 1. 1.7 WHEREAS, GDeveloper" has made representations at the public hearings and intends to develop the properties which are the subject of the above referenc.ed proceedings as a mixed use shopping center; and 1.8 WHEREAS, record of the proceedings for the requested annexation and wrung designation of the subject "Properties" 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 l LCffI WHEREAS, City Council, the ~ day of ~(, 2006, has approve.d certain annexation and zoning Findings of Fact and Conclusions of Law and Decision and Order, Case No. AZ-99-0 12, set forth in Exhibit C. which are attached hereto and by ùûs 1.9 DEVELOPMENT AGREEMENT - (AZ-99.{112 and RZ-99-OO7) - 2 refer('J\œ incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and [qCfl 1.10 WHEREAS, City Council, the l ¡,+.b day Of~DYel!tbeJs 2000, has approved certain rezone findings of Fact and Conclusions of Law and Decision and Order, Case No. RZ-99-00, set forth in Exhibit D, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.11 WHEREAS, both the GFindings" require the MDeveloperwaI'\d "Owne~" to enter into a development agreement before the Oty Counål takes final action on annexation and zoning and re-zoning designation; and I. I 2 "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. 13 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of enswing that "Property I" and "Property 2" are developed, and the subse.quent use of the uProperties" is, in acrordance with the tenns and conditions of thIs development agtttment, hexein being established as a result of evidence received by the "City" in the proceedings for anntJIation and zoning and re-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 II, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS; That the above recitals are l~ntractual and binding and are incorporated herein as if set forth in full, DEVELOPMENT AGREEMENT -(AZ-!l!I-oJ2 and RZ-99.007) - 3 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shlll1 be defined and interpreted as herein provided for, unless the clear context. ofthe presentation of the same requires otherwise: 3.1 3.2 3.3 3.4 3.5 3.6 "CllY"; means and refers to the City of Meridian, a party to this Agreement, which is a munictpal Corporation and government subdivision of the state of Idaho, organized and existing by vinue of law of the State of Idaho. whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. "DEVELOPER": means and refers to Developers Diversified Realty Corporntion. and its successors, assigns and affiliates. whose address is 3300 Enterprise Parkway, Beachwood, Ohio 44122, the party developing .Property I" and/or "Property 2" and shall include any subsequent owner(s)/developer(s) of the "Property". "OWNER 1": mt'.ans and refers to Owners of Property I, Exhibit "AU, Terrace Lawn Memorial Gardens, Ine., whose address is 1200 N. Cloverdale Road, Boise, Idaho. "OWNER 2": means and refers to Owner of Property 2, Exhibit B, , and Hermes Associates, LTD, a Utah Limited Partnership, whose address is c/o Developers Diversified Realty Corporation, 3300 Enterprise Parkway, &.achwood, Ohio 44122. UPROPERTY }"; means and refers to Property I, owned by Terrace Lawn Memorial Gardens, Inc. and Developers Diversified Realty Corporation, 3300 Enterprise Parkway, Beachwood, Ohio 44122, which are those certain parcel(s) of "Property" located in tbe County of Ada, City of Meridian as described in Extübit . A W and "A-I", attached hereto and by this reference incorporated herein as if set forth at length. "PROPERlY r: mt'.ans and refers to Hennes Associates, LTD, a Utah Limited Partnership, those certain pan;el(s) of "Property" located in the County of Ada, City of Meridian as described in DEVELOPMENT AGREEMENT - (AZ-99-012 and ßZ.99-OO7) .. 4 Exhibit "an, attached hereto and by this reference incorporated herein as if set forth at length. 4, For purposes of this Agreement, Owner l"s responsibilities shall be subject only to those provisions of this Agreement which make reference to Property I, even though for ease of reft".rence there are numerous references to Developer/Owner - 5. USES PERMITI'ED BY 1HlS AGREEMENT: 5.1 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 I which arc: herein specified as follows: (C..q Community Business District: The purpose of the (C-C) District is to pennit the establishment of general business uses that au: of a larger scale than a ndghborhood business, and to encourage the development of modem shopping centers with adequate off- street parking facilities, and associated site amenities to SCONe area residents and employees; to prohibit strip cornml"J'cial development and encourage the cl\lStering of commercial enterprise.s. All such districts shall have direct access to a transportation arterial and l".Ollector and be connected to the Municipal Water and Sewer systems of the City of Meridian. With the further restriction ~t all uses and development of the subject real property shall be governed under the conditional use permit process as a planned development. Far the aJ1IJItnI&tÍØII and del1elopmmt oj a CfJmmercial .,hopping cmter. 5.2 No change in the uses spE:cified in this Agreement shall be allowed without modification of this Agreement. 6. DEVEWPMENT AS CONDITIONAL USE: uDeveloper/Owner l(Owner 2" has submitted to uCity" an appli('~tion for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the DHVELOPMENT AGREBMBN'r - (AZ-9\I-o12 andRZ-!/!/.QO1)-S City's Zoning & Development OJdinance criteria, therein, provided, prior to, and as a condItion of, the comnt~c~nent of (.'OnstruCtÌon of any buildings or improvements on the "Property 1" and/or "Property r. 7. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERlY: 7.A 7.1 7.2 7.3 7.4 UDeveloper/Owne-,r l/Owner 2" shall develop the "Property" in aecordance with the following sproal conditions; Dedicate $Uffici~t additional right-or-way to total 60-feet from section line of FaiIview Avenue abutting the l'ntire site. The right-of- way shall be dedicated by means of recordation of a final subdivision plat or aecution of a warranty deed prior to issuance of any Certificate of Occupancy. Dedicate 76-feet of right-of-way (38-feet from thl'. centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 6O-feet of right-of-way (30-feet from centerline) for Records Drive from that point to the south boundaty of the parcel by means of recordation of a final subdivision plat. or execution of a warranty deed, to Ada County Highway District prior to issuance of a any Certificate of Occupancy. Construct a S-foot wide concrete sidewalk on Fail'View Avenue abutting uProperty I" and "Property 2" (approximately 822-feet total) prior to issuance of any Certificate of Occupancy. The r.onstruction plans for the development of any portion of uProperty I" or "Property 2" showing the sidewalk must be approved prior to issuance of a building pennit for the respective portion of "Property I" or uProperty 2". Prior to opening any business on any portion of "Property I" or "Property 2". construct pavement widening on Fairview Avenue adjacent the propl'rty upon which such storewiU open to add one eastbound lane from Records Drive to the east property line of such property, DEVELOPMENT AOREI!MENT. (AZ-9\l-Ð12 and RZ-99-007) - 6 7.5 7.6 7.7 7.8 Construct a maximum of threl! driveways on Fairview Av~ue a minimum of 440-feet for a full access driveway and 22Q.(eet for a right-in!right-out driveway from any public street intersection and 22o-feet from all existing or proposed driveways. The maximum driveway width will be 40.feet with a minimum storage length of laO-feet. Install a 36" by 36Ð high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. Coordinate the design. storage length and location of any proposed driveways with Ada County Highway District staff. Construct Records Drive as a 6S-foot street section (with curb, gutter and 5-fOOt wide concrete sidewalk) from Fairview Avenue to a point 3OO-feet south of Fairview Avenue. Records Drive shall be located approxirnatdy 2, J OO-reet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound. throughlright-tum lane. Two southbound lanes are needed from Fairview Avenue to a point 3OO-feet south of FaitView. Dedicate suffiåent right-of-way for the noted improvernen18. Consuuct a traffic signal at the Fairview AvenudRecords Drive intersection. Provide and install an Opticom device for emergency vl:,hicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the trnffic signa) are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dualleft-tum lanes on Fairview Avenue. The applicant wiD be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. A maximom of three driveways are approved on Records Drive, The driveways shall be located a minjmwn of I 75-feet south of Fairview Avenue and aligned or offset ISO-feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30-foot curb return driveway with IS-foot curb radü. The minimum storage length shall be SO-feet. Install a :J6" by 36" high intensity STOP sign at the driveway's interst.ctÌon with Presidential Drive. DEVELOPMENT AGREEMENT - (AZ-99,Q 12 and RZ-99-l1O7) - 7 7.9 Other than the access points speåfitally approved with this application, direct lot or parcel access to Reoot'ds Drive or Failview Avenue is prohibited. 7.10 Applicant shall submit a revised legal description to meet all of the criteria requi.-ed by Meridian City Resolution 158, and the Idaho State Tax Commission for the rezone. 7.11 Applicant shall prepare and submit a subdivision plat for any splitting of property. 7.12 Applicant shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 8. COMPLIANCE PERIOD! CONSENT TO REZONE: This Agreement and the commitments contained hen.'Ïn shall be terminated. and the zoning designation reversed, upon a default of the "Developer/Owner 1/0wner 2" or "Developer/Owner I/Owner 2"'s heirs, successors, assigns, to comply with Sections 5 and 7 entitled "Conditions Governing Development of subject uProperty" of this agrerment within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in l.c. § 67-6509. or any subsequent amendments or recodifications thereof, 9. CONSENT TO D~ANNEXATION AND REVERSAL OF ZONING DESIGNATION: UDeveloper/Owner l/Owner 2" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" to which the default applies subjet.1. to and conditioned upon the following conditions precedent to-wit: 9,1 That the uOty" provide written notice of any failure to comply with this Agreement to M Developer/Owner 1/Owner 2. and if the "Developer/Owner l/Owner 2" fails to cure such failure withIn six (6) months of such notice, 10. INSPECllON: "Developer/Owner J/Owner r shall, immediately upon completion of any portion or the entirety of said development of the uProperty" as required by this agreement or by City ordinance or policy. notify the City DEVELOPMI!Nf AGREEMENT - (AZ-99.o12 aad RZ-99-11O7) . 8 Engineer and request the City Engineer's inspections and written approval of such l"Ompleted 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. 11. DEFAULT: 11.1 In the event "Developer/Owner I/Owner 2", uDeveioper/Owner 1/ Owner 2W's heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "PropertyW, 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 with respect to the "Propt'rty" which is in default by the "City" upon compliance with the requirements of the Zoning Ordinance. 11.2 A waiver by "City" of any default by "Developer/Owner l/Owner 2 W 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 or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 12. REQUIREMENT FOR RECORDATION; "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer/Owner l/Owner 2"'s cost, and subnùt proof of such recording to "DeveloperlOwner I/Owner 2", prior to the tlürd 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. 13. ZONING: "aty" shall, following recordation of the duly approved Agret".ment. enact a valid and binding ordinance zoning the" Property" as specified herein. 14. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either UCityÐ or "Developer/Owner 1/0wner 2., or by DEV1!LOP'MI!NT AGREEMBNT - (AZ-99-1112 and RZ-99-007) . , any successor or SUCC($sors in title or by the assigns of th~ 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. 14.1 In the event of a mate.rial bœach of this Agreement, the parties agree that "City" and "Developer/Owner I/Owner 2" 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 dl"fault which cannot with diligence be cum:!. within such thirty (30) d...y period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 14.2 In the event the performance of any covenant to be performed hereunder by either "Developer/Owner If Owner 2D Of "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 amotmt of time of such delay. 15. SURETY OF PERFORMANCF.: The "CityD 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 required in seC\.ion 7 of this agreement, which the "Developer/Owner If Owner 2" agrees to provide. if required by the "City". 16, CERTIFICATE OF OCCU~ANCY: The "Devdopcr/Owner l/Owner r agrees that no Certificates of OcèUpancywill be issued until all improvl"ments required in section 7 of this agreement are completed, unless the "City. and "DeveloperlOwner IfOwnl"r 2" have entered into an addendum agreement stating when the improvements required in sedion 7 of this agreement will be completed in a phued devdopment; and in any eve.nt, no Certificates of Occupancy shall be DEVELOI"MENT AGRBBMENT - (AZ-99'() 12 aad RZ-99-O07) ..10 issued in any phase in which the improvements required in section 7 of thIs agreement have not been installed, completed, and accepted by the UCity". 17. ABIDE BY ALL CITY ORDINANCES: That uDevelopt'IIOwner 1/Owner 2" agrees to abide by all ordinances of the City of MeridJan and "Property " and/or "Property 2" as the c.ase may be shall be subject to de-annexation if the owner or his assigns, heirs, or $1JCC(".$sors shall not meet the conditions I;onwned in the Fmding¡õ of Fact and Conclusions of Law, this Development Agreement, and the. Ordinances of the City of Meridian. 18, NOTICES: Any notice desired by the parties and/or re.quired 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: c/o Oty Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Developers Diversified Realty Cmporation. 3300 Enterprise Parkway Beachwood, Ohio 44122 ATTN: Eric M. Mallory with copy to: C/O Dakota Company, Inc. 380 E. Parkcenter Blvd., Suite 100 Boise, Idaho 83706 ATIN: Lany Durldn City Clcrk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNERS: "Property I W Terrace Lawn Memorial Gardens, Inc. 1200 N. CloverdaJe Road Boise, Idaho DEveJ..()PMENT AGREIJMENT - (AZ-99.o12 and RZ-99..oo7). II c/o Developers Diversified Realty Corporation, 3300 Enterprise Parkway, Beachwood, OhIo 44122 "Property 2w Hermes Associates, LID, a Utah limited Partnerslùp do Developers Diversified Realty Corporation, 3300 Enterprise Parkway, Beachwood, Ohio 44122 18. I 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. 19. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prt!Vailing party shall be eXltitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as detennined by a Court of competent juriiidiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this .Agreement. 20. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every ll.'.nn, 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 oilia party so failing to perform. 21. BINDING UPON SUCCESSORS: 'This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal rt.-presentatives, including "aty"'s corporate authorities and their successors in office. 'l1ûs Agreement shall be binding on the ownl<'.r of the "PropertyW, each subsequent owner and any other person acquiring an interest in the "Propertyw. 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 boWld by the conditions and restrictions herein expressed. "City" DEVEI..OPMENT AGR1!EMENT - (AZ-99-012 8IId RZ-99.œ7) . 12 agrees. upon written req~t of ~Developer/Ow:net I/Owner 2", to execute appropriate and recordabk evidence of termination of this Agreement if "CityÐ, in its sole and reasonable discretion, had determined that ~DeveioperlOwner 11 Owner 2" has fully performed its obligations under this Agreement. 22. INV ALlD 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. 23. FINAL AGREEMENT: This Agreement sets forth all promises. inducements. agreements, condition and understandings between "DeveloperfOwner I/Owne.r 2" 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 uDeveloper/Owner 1/Owner 2" and ~City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration. amendment, change, addendum 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 pw:suant, with respect to -City", to a duly adopted ordinanc.e or resolution of "City". 23.1 No condition governing the uses and/or conditions governing development of the subje<.'1. "Property" herein provided for can be modified or amended without the approval of the City Council after the ""CityÐ has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment except that minor modification(s) of required improvements provided for in se.ction 7 may be approved by City Public Works and Planning and Zoning Staff, if such changes are required or preferred by Ada County Highway District Staff. 24. EFfECTIVE DATE OF AGREEMENT: This Agreement shall be ....ffectìve 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 ~tion of the Mayor and City aerk. DEVELOPMENT AGREEMBNT - (AZ-99-\112 and RZ-99.QO7) . I J ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided, ~u.~~ Jo , Allgood, S retary DEVELOPERS DIVERSIFIED REALTY CORPORATION,an Ohio corporation ~er /"'\ B~ ATTEST: Its: (Print Name) Executive Vice President "Property I" ATTEST: DEVELOPERS DIVERSIFIED REALTY CORPORATION, an Ohio corporation Owner Jo~l~offe~ , - Secretary TERRACE LAWN MEMORIAL GARDENS, ~k AL By: Tloi ~resident ATTEST: "Property 2" HERMES ASSOCIATES, LTD. a Utah limited partnership By DDR Family Centers LP Its General Partner By DDR DownREIT LLC Its General Partner By Developers Diversified Realty Corporation, its Managing Member DEVELOPMENT AGREEMENT - (AZ-99-012 and RZ-99-007) - 14 ATIEST: Attest: -it~Þ~9 BY RESOLUTION NO. 312- CITY OF MERIDIAN ~. B: ~ OR ROBERT D. CORRIE DEVELOPMENT AGREEMENT - (AZ-!I9'()12 and RZ-99-oo7) . IS STATE OF OHIO ) ) SS: ) COUNTY OF CUYAHOGA BEFORE ME, a Notary Public in and for said County and State, personally appeared Daniel B. HUIWitz, Executive Vice President of DEVELOPERS DIVERSIFIED REALTY CORPORATION, the corporation which executed the foregoing instrument, who acknowledged that he did sign the foregoing instrument for, and on behalf of said corporation being thereunto duly authorized by its Board of Directors, that the same is his free act and deed as such officer and the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and of1:icj..aJ,~~alat Beachwood, Ohio, this ~ day of ~d-- , 2000..;,"',\ '~ O'~?, /'.Y'-.";~""'.!/I. Q. :" 1::~\~""\i:;}~;'O\~~ EL1ZAB~Tfi'.Ã~í. ¡::~~y .:' Notary Public, St~t. o(G~. ~~ya. Cty- My Commission Ø<¡¡iroi ~:,~.~/J( ~ ~ blic DEVELOPMENT AGREEMENT - (AZ-99-012 and RZ-99-007) - 16 STATE OF iDAHO) :55 COUNTY OF ADA couNTY OF CUYAHOGA :ss BEFORE ME, a Notary Public, in and for said County and State. personally appeared Daniel B. Hurwitz, Executive Vice President of Developers Diversified Realty Corporation, Managing Member of DDR DownRElT LLC, Genernl partner of DDR Family Centers LP, the General Partner of He1U\es Associates, Ltd., the limited partnership which executed the foregoing instrument, who acknowledged that he did execute the foKgoing instrument on behalf of said corporation and the same. is his free and voluntary act and deed as Executive Vice President of Developers Diversified Realty Corporation. Managing Member of DDR DownREIT LLC. General partner of DDR Fanù1y Centers LP, General partner of said limited pannership and is the free act. ..,d deed of said limited partnership for the uses and purposes therein set forth. -</È I . IN WITNESS WHEREOF, I have hereunto set my hand and~~i;heåJ,at Beachwood, Ohio, this ¡(¡(day of ~d- , 2000.' Q~:,>~ \.\ ;J{~;"'::t" --'-".- (SEAL) Notary Public STATE OF IDAHO :55 County of Ada ) On this V ß1-- day of ~(/Vv , in the year 2000, before me, a NotaIy Public, personally appured Robert D. Conie and William G. lkrg, know or identified to me to be the Mayor and Clerk, respectively. of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such Cityexe.cuted the same. -----ü..... / .-,,1 ~.-.._9~- . . -"""T""::- ~ .~".".,o -~¡:.-\ ... . ,"'" 't"I- ~ffi( ...... »lSIo li~ for Idaho ~ \ í tommission expires: ti¡/1-þ""o Ó -. .~-fam..,\c,,:.f).. -.- .f;¡:;;;;---;<;~;. ...."OF~_. msgtZ"W~n 1.~3611~~n Div<ni~ (SEAL) DEVELOPMENT AGREEMENT. (AZ-!I9-O 12 IIIId RZ-99-OO7) - 18 EXHIBIT A A7,..99-012 Leg;al Description Of PrQperty 1 DEVBLOPMENT AGRF.EMENT. (AZ-'J9-O12 and RZ-99-007) - 19 HUBBLE ENGINEERING, INC" 9550 Bethel Court. Boise, Idaho 83709 2081322-8992 . Fax 208137~29 Project No. 9904000 April 30, 1999 DESCRIPTION FOR FAMILY CENTERS AT MERIDIAN ADrilTlONAL PROPERTY ANNEXATION, A parcel ofland located in the NW1/4 of the NE1/4 of Section 9, T.3N., R.1E., 8.M., Ada County, Idaho, more particularly described as follows: " Beginning at the N1/4 comer of said Section 9 from which the NE comer of said Section 9 bears South 89"22'32" East, 2659.01 feet; thence along said section Dne South 89"22'10" East, 708.49 feet; thence leaving said section fine South 00837'28" West, 47.09 feet to a point on the South right-of-way fine of Fairview Ave. (US Highway 30); thence leaving said South right-of-way line South 14859'32" West, 276.87 feet; thence South 00848'14" West, 554.06 feet; thence North 89835'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; .. thenœ along said Norlh-South center line North 00848'.14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less. BY~ JUL 22 1999 Prepared by; 0' . HUBBLE ENGINEE~~NG, !~C. ~~L . IÆIIDIAH P\J6UC WORKS IJErT- G GC/vw/fami lycentersMerid-annex Gregory G. Carter, P.LS. EXHIBIT "A" ~J-I)8IT A-I AZ-99-012 l~pI Description Of Property 1 (Parcel I and PaT(~el 2) DEVF.LOPMEN'I' AGREEMENT - (~9~12 and RZ-9!1.QO7) - 20 HAR-15-ØØ 18,31 FROM,DEVELOPERS DIVERSIFIED 10.2182471118 -~'~~:':":':::"":':--~'::..::':::=---'-="""'-"'- .. PAGE 4/8 '~-_.. ... 208/'322-8992 . Fax 2D8/'378-0329 Project No. 0003700 February 2, 2000 Revised February 25, 2000 GIBSON PARCEL PROPERTY DESCRIPTION A parcel Df land located in the NW114 of the NE114 of Section 9, T..3N., R.1E., 8.M., Ada County, Idaho, as shown on Record of Survey No. 1283, filed for reCord in the office of the Ada County Recorder, Boise, Idaho, and more particularly described as follows: Commencing at an iron pin marking the North 114 comer of sald SeGtic:," 9; thence along the centerline of said Section 9 South 00.48'14" West, 49.74 feet to the South right-of-way line of F.\ÏlView Avenue, said poiltt being the REAL POINT OF BEGINNING; thence along said South right-of-way nne South 89.35'24" East, (fonnerly South 89°35'00" East) 432.45 feet; thence leaving said South right-of-way line South 00.42'46" West, 503..18 feet; thence North 89°35'24" West, (fonnerly North 89°35'00" West) 433.2S'feet to said centerline of Sec:tion 9; thence along said centerline North 00°48'14" East, 503.19 feet to the Point of Beginning. Contains 5.000 acres, more or less. Prepared by: HUBBLE ENGINEERING, INC. Todd R. Waite, P.LS. , J:\HEI\lDlSuNey\Projects\TG3AL T A 1199\legal Oesa1p1ianslTRW-GIb$On-Par,(!oc 64/2~fl ~~~ 6'3: 5'3 268385136% TEALEVS '_<\NO 3lRIÆV Pl\GE 62 G] TEALEY'S LAND SURVEYING 915 West Jefferson Street . 80;se, Idaho 837132 (2138) 385-13636 Fax (2138) 385-0696 ProjCCL No,: 1882 Date: April 29, 1999 DESCRlPUON FOR TIM: GIBSON - PARCEL 2 A parcel af ¡:md being a portian af the NW 1/4 af the NE ./4 af Sectian 9, T.3N., R,I E., B,M., Ada Caunt)', Idaho, and ware par1iculad)' described as fallows: Cammencing at an iron pin marking the Nan]¡ 1!4 comer af said Sectian 9; thence alang the centerline of said ScçtÌan 9 Sauth 00°48'35" West, fonnerly Sauth 00°48'14" West, 49,74 feet ta a brass cap an the Sauth right-of-way line af Fairview Avenue; the.nce along said South right-oC-way line South 89°35'00" East 432.45 feel to 8lI iron pin marking the POINT OF BEGINNING; thence continuing Sauth 89°35'00" East 276.21 f""t ta a point; thence leaving $Bid South right-of. way line Sauth 15°00'00" West 276.88 feet ta a poinl: thence Sauth 00°48'35" West 554,06 feet ta a point; thence Narth 89°35'00" West 640,79 feet ta a point on said centerline af Section 9; thence alang said centerline North 00°48'35" East 318,83 feet to an irall pin; thenee leaving said cenlcrline South 89°35'00" But 433,30 feel ta an iran pin; thence North 00°42'46" East 503.18 feet ta the POINT OF BEGINNING, Said parcel ofland conlains 7,30 acres, mare or less, <""0...----""",,....,...;" -"""" 4'-'~'!.L- - - - - - - - - - - - -\ u." o,," ',,'" .K',.. £: '3:J~d ~\ ,°' ... 3nN3AY ^31^~IY j ",-~ 00>"--,.,", %9ØSBŒW "", ,."...00- ~S :1;Ø&&1; 1/511"J EXHIBIT B RZ..99-OO7 l.egal Description Of PrQper\y 2 DEVELOPMENT AGREEMENT - (AZ-99-{l12 ;md RZ-99-oo7) - 21 208/322-8992 . Fax 208/378-0329 Project No. 9925000 January 12, 2000 RECORDS EAST SUBDIVISION REZONE DESCRIPTION FOR WESTERLY PARCEL A parcel of land located in the NE1/4 of the NW1/4 of Section 9, T.3N., R.1E., B.M" Ada County, Idaho, more particularly described as follows: Commencingatthe corner common to Sections 4, 5, 8 and the said Section 9; thence South 89°22'10" East, 2659.63 feet along the North line of said NW1/4 of Section 9 to the 1/4 corner common to said Sections 4 and 9 and the REAL POINT OF BEGINNING; thence along the North-South mid-section line of said Section 9 South 0°48'14" West 880,85 feet to the northeast corner of Crossroads Subdivision No, 6, as filed in Book 76 of Plats at Page 7941 thru 7942, records, of Ada County, Idaho; thence North 89°35'32" West, 596,17 feet along the North line of said Crossroads Subdivision No, 6 to a point on the centerline of N, Records Ave,; thence along said centerline the following three courses: 72,61 feet along a curve to the left, said curve having a radius of 203,61 feet, a central angle of 20°25'57" and a long chord bearing North 14°11'46" West, 72.23 feet to the beginning of a reverse curve to the right; thence 72.37 feet along said curve to the right, said curve having a radius of 171.75 feet, a central angle of 24°08'33" and a long chord bearing North 12°16'20" West, 71 ,83 feet; thence North 00°25'00" East, 743,33 feet to the intersection with the North line of said NW1/4 of Section 9; ~', thence South 89°22'10" East, 636,12 feet along said North line to the Real Point of Beginning, Containing 12.77 acres (556,187 square feet) more or less, Prepared by: , HUBBLE ENGINEERING, INC. J/MecidíanCrossroad s2lP JSlvw/Records East-Rezone Patrick J, Scheffler, P.LS. EXHIBIT C AZ.99.012 Finding/! of Fact and Conclusions of Law/Conditions of 1\pproval DEVELOPMENT AGREEMENT . (AZ-'9-012 and RZ-99-007) - 22 Revised 11-18-99 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF DEVELOPER DIVERSIFIED REALTY CORP., THE APPLICATION FOR ANNEXATION AND ZONING OF 13,09 ACRES FOR EXPANSION OF FAMILY CENTER AND CROSSROADS MALL, 4000 E, FAlRVIEW AVE., MERIDIAN, IDAHO Case No. AZ-99-0 12 FINDINGS OF FACT AL'\JD 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 November 3, 1999, at the hour of 7:00 o'clock p,m" and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Larry Durkin from Developers Diversified Realty Corp" and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO, AZ-99-012 zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for November 3, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the November 3, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§1l-2-416E and 11-2-417 A, Municipal Code of the City of Meridian, 3, The City Council talœs judicial notice of its zoning, subdivisions and development ordinances codified at Title II, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No, 629, January 4,1994, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO, AZ-99-012 and maps and the ordinance Establishing the Impact Area Boundary, 4, The property is approximately 13.09 acres in size. The property is located at 4000 E, Fairview Ave., Meridian, Idaho, and described as follows: A parcel of land located in the NW1/4 of the NE 1/4 of Section 9, T. 3N., R, lE., B.M., Ada County, Idaho, more particularly described as follows: Beginning at the N1/4 corner of said Section 9 from which the NE corner of said Section 9 bears South 89°22'32" East, 2659,01 feet; thence along said section line South 89°22'10" East, 708.49 feet; thence leaving said section line South 00°37'28" West, 47.09 feet to a point on the South right-of-way line of Fairview Ave, (US Highway 30); thence leaving said South right-of-way line South 14°59'32" West, 276,87 feet; thence South 00°48'14" West, 554,06 feet; thence North 89°35'24" West, 640,79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 00°48'14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less, 5, The owner of record of the subject property is Terrace Lawn Memorial Gardens, Daniel and Carolyn Gibson of 19500 Hwy. 20/26, Caldwell, Idaho, 6. Applicant is Developers Diversified Realty Corp" of 3300 Enterprise Parkway, Beechwood, Ohio, 7. The property is presently zoned by Ada County as Rural Transitional (ROOT), and consists of a sod farm and cemetery. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 8, The real property which is the subject of this application will be joined and developed with the real property, which is the subject of a companion application in action "In the Matter of the Request for Rezone of approximately 11,4 acres for Expansion of Meridian Family Center/Crossroads Mall", 9, The Applicant requested the property be zoned as Meridian Community Business District (CC), Section 11-2-408 B (9) of the Revised and Compiled Ordinances of the City of Meridian, 10, The proposed site of the subject property is located east of Records drive, south of Fairview Ave, 11. The subject property is bordered to the east and south by Ada County Rural Transitional, to the southwest by Meridian Single Family Residential and to the west by Meridian Community Business District, to the north by Ada County Rural transitional and city limits of the City of Meridian are adjacent and abut to the west and southwest of the subject property. 12, The property which is the subject of this application is within the Area of Impact of the City of Meridian, 13. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan, 14, The Applicant proposes to develop the subject property in the following FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO, AZ-99-012 manner: construction and development of a commercial shopping center. IS, The Applicant requests zoning of the subject real property as Community Business (CC) which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Commercial by reason of a companion application of the Applicant, 16, There are no significant or scenic features of major importance that affect the consideration of this application, 17, 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: Adopt the Recommendations of the Ada County Highway District as follows: 17.1 Dedicate sufficient additional right-of-way to total 60-feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 17,2 Dedicate 76-feet of right-of-way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet ofright-of-way (30-feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-0I2 17,3 Construct a S-foot wide concrete sidewalk on Fairview Avenue abuttÍ1i.g the site (approximately 822-feet total) prior to issuance of any Certificate of Occupancy, The construction plans for the development showing the sidewalk must be approved prior to issuance of a building pennit. 17.4 Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line, 17,S Construct a maximum of three driveways on Fairview Avenue a minimum of 440-feet for a full access driveway and 220-feet for a right- in/right-out driveway from any public street intersection and 220-feet from all existing or proposed driveways, The maximum driveway width will be 40-feet with a minimum storage length of lOa-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with IS-foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff, 17,6 Construct Records Drive as a 6S-foot street section (with curb, gutter and S-foot wide concrete sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2,IOO-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane, Two southbound lanes are needed from Fairview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements, 17,7 Construct a traffic signal at the Fairview Avenue/Records Drive intersection, Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications, The signal should be designed to allow the future construction of dual left-turn lanes on Fairview Avenue, The applicant will be responsible for the entire cost of the signal installation, Submit the signal design to District staff for approval prior to construction, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 17,8 A maximum of three driveways are approved on Records Drive, The driveways shall be located a minimum of 17 5-feet south of Fairview Avenue and aligned or offset ISO-feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30-foot curb return driveway with IS-foot curb radii, The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive, 17.9 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 18, It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. '17, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation, 19, It is found that the development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO, AZ-99-012 glare and odors, and can best be handled by requiring as a condition of development and use on said parcel that all development and use on and of the subject real property will be subject to a conditional use permit process, 20. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 21. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 21.1 Commercial and retail areas are established along the Fairview Avenue conidor, Section #4 of the Comprehensive Plan - Commercial Activity Centers, states - The location of CommunitY Shopping Centers should be guided by peiformance and development standards which consider that Commercial Activiry Centm be located in proximitY to other commercial developments and minimize impacts upon other adjacent areas, 21.2 The Commercial Policies Section states - CommunitY Shopping Centers will be encouraged to locate at arterial intersections and near high-traffic intensitY areas. 22. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO, AZ-99-012 boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222, The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan, 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3, The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21,1993, Ord. No. 629, January 4,1994, 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4,1 4,2 5. Commercial and retail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states - The location of Community Shopping Centers should be guided by performance and development standards which consider that Commercial Activity Centers be located in proximity to other commercial developments and minimize impacts upon other adjacent areas, The Commercial Policies Section states - Community Shopping Centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. The requested zoning of Meridian Community Business District (Ce), FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 is defined in the Zoning Ordinance at 11-2-408 B 9 of the Revised and Compiled Ordinances of the City of Meridian, as follows: (CoO Community Business District: The purpose of the (C-C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises, All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land, See Burt vs, The CityofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983), 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14" which pertains to pressurized irrigation systems. 8, The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian, 9, Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 13.09 acres to Community Business District Zone (C-C) is granted subject to the tenns and conditions of this Order hereinafter stated, 2. The application is for annexation and zoning of 13,09 acres, The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall confonn to all the provisions of the City of Meridian Resolution No, 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686, 3. Developer enter into a Development Agreement, and such Development Agreement shall also include and contain the conditions of and for the real property which is the subject of the rezoning application Case No. RZ-99-007, that provides in the event the conditions therein are not met by the OwnerlDeveloper that the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO, AZ-99-012 property shall be subject to re-zone and/or de-annexation, with the City of Meridian, which provides for the following conditions of use and development to-wit: Conditions of Use: 17,1 All development and uses for and of the proposed development shall be developed under the conditional use permit process as a planned development. Conditions of Development: 17.2 Dedicate sufficient additional right-of-way to total 60-feet from section line of Fairview Avenue abutting the entire site, The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy, 17.3 Dedicate 76-feet of right-of-way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-way (30-feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy, 17.4 Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit, 17.5 Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line, 17.6 Construct a maximum of three driveways on Fairview Avenue a minimum of 440-feet for a full access driveway and 220-feet for a right- in/right-out driveway from any public street intersection and 220-feet from all existing or proposed driveways. The maximum driveway width FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 will be 40-feet with a minimum storage length of lOa-feet, Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue, Construct pavement tapers with IS-foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. 17,7 Construct Records Drive as a 65-foot street section (with curb, gutter and 5-foot wide concrete sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue, Records Drive shall be located approximately 2, lOa-feet east of Eagle Road, Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane, Two southbound lanes are needed from Fairview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 17,8 Construct a traffic signal at the Fairview Avenue/Records Drive intersection, Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left-turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction, 17,9 A maximum of three driveways are approved on Records Drive, The driveways shall be located a minimum of 175-feet south of Fairview Avenue and aligned or offset ISO-feet from all existing or proposed driveways, The driveways shall be constructed as 24 to 30-foot curb return driveway with IS-foot curb radii, The minimum storage length shall be 50-feet, Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 17,10 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 17,11 Applicant shall submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 Tax Commission for the rezone, 17,12 Applicant shall prepare and submit a subdivision plat for any splitting of property. 17,13 Applicant shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants, 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 (C-C) Community Business District (§ II-2-408 B 9 of the Revised and Compiled Ordinances of the City of Meridian), 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 § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the annexation and zoning ordinance, NOTICE OF FINAL ACTION Please talœ 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO, AZ-99-012 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 day of ¡(/oV'¿¡/'}-L ~ , 1999. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: //-/6 -tfr MOTION: APPROVOO'@.--=.-DISAPPROVED:- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO, AZ-99-012 /(; Ill.- VOTED~ VOTED ~'L-- VOTED#L- VOTED~V VOTED- Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. Bykfi;k¿ 9- ty Clerk . Dated: //-/6 -ff msyZ:\Work\M\Meridian 1 5360MIDeveiopers Diversified\AZFfCIs FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 EXHIBIT D RZ.99.007 Fi[ldingll of Fact and Conclusions of LawlCondiûons of Approval DEVELOPMENT AGREEMENT - (AZ-99-t112 and RZ-99.oo7) . 23 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN 11-11-99 IN THE MA TIER OF THE REQUEST FOR REZONE OF APPROXIMATELY llA ACRES FOR EXPANSION OF MERIDIAN FAMILY CENTER/CROSSROADS MALL Case No: RZ-99-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE DEVELOPER DIVERSIFIED REALTY CORP/DAKOTA CO., Applicant. The above entitled matter on the rezoning application of IIA acres having come on for public hearing on November 3, 1999, at the hour of 7:30 o'clock p,m" and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and Shari Stiles, Planning and Zoning AdministratOr, and Larry Durkin of Developers Diversified Realty Corp/Dakota Company, Inc., for the Applicant, appeared and testified: and no one appeared in opposition to the request, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City:: Council, 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, Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP! DAKOTA CO, FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL / (RZ-99-007) - 1 FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for twO (2) consecutive weeks prior to said public hearing scheduled for November 3, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the November 3, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2, There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ ll-2-416F:: and 11-2-417 A, Municipal Code of the City of Meridian, 3, The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title II, Municipal Code of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROY AL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO, FOR EXPANSION OF MERJDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) - 2 Meridian. and all currem 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 11.4 acres in size, The property is generally located '/2 mile east of Eagle Road south of Fairview Avenue, in Meridian. Idaho, and is described as follows: A parcel of land located in the NE 1/4 of the NW 1/4 of Section 9, T. 3N., R. IE" B.M" Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 5, 8 and the said Section 9, thence South 89°22'10" East, 2659.63 feet to the 1/4 corner common to said Sections 4 and 9; thence South 0°48'14" West, 49,74 feet to a point on the southerly right-of-way of Fairview Avenue, said point being the Real Point of Beginning, Thence continuing along the north-south mid-section line South 0°48' 14" West, 831.11 feet to a point; Thence North 89°35'32" West, 596,18 feet to a point; Thence North 0°25'00" East, 831.11 feet to a point on the southerly right-of-way of Fairview Avenue; Thence along said right-of-way South 89°35'24" East, 601,79 feet to the Real Point of Beginning. Containing 11.42 acres (497.816 square feet), more or less. ~ 5. The real property which is the subject of this application will be joined and developed with the real property which is the subject of a companion FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO, FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) . 3 application in action "In the Matter of the Application of Developer Diversilìed Realty Corp" the Application for Annexation and Zoning of 13.09 acres for Expansion of Family Center and Crossroads Mall, 4000 E, Fairview Ave" Meridian, Idaho" [AZ-99-012], 6, The owner of record of the subject property is Developers Diversified Realty Corp" of 3300 Enterprise Parkway, Beechwood, Ohio, 7. The Applicant is the owner of record. 8. The property is presently zoned as Meridian Light Industrial (1- L), and is currently vacant, 9. The Applicant requests the property be rezoned to Community Business District (CC), defined in Section 11-2-408 B 9 of the Revised and Compiled Ordinances of the City of Meridian, 10. The proposed site is surrounded by Crossroads Subdivision to the south, Terrace Lawns Memorial Gardens to the east, agricultural land to the north and the Meridian Family Center/Meridian Crossroads Mall to the west. II. The subject property is within city limits of the City of Meridian. 12, The entire parcel of the property is included within the Meri~n Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan, 13. The Applicant proposes to develop the subject property in the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF IIA ACRES BY DEVELOPERS DIVERSIFIED REAL IT CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) - 4 Following manner: continued construction and development of the Meridian Family Center/Meridian Crossroads Mall. 14, The Applicant's requested rezoning of the subject real property as Community Business District (CC) is consistent with the commercial designation pending with the Meridian City Council on amendment of the Meridian Comprehensive Plan Generalized Land Use Map which would designate the subject property as Commercial, there is a pending application for amendment to the Comprehensive Plan from Single Family Residential to CommerciaL If the Comprehensive Plan change is granted, this application would be consistent with the Comprehensive Plan Generalized Land Use Map, 15. There are no significant or scenic features of major importance that affect the consideration of this application, 16. The subject application for rezone and the proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 16,1 Commercial and retail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states - The location of Commu¡:¡ity Shopping Centers should be guided by performance and -: development standards which consider that Commercial Activity Centers be located in proximity to other commercial developments and minimize impacts upon other adjacent areas. 16,2 The Commercial Policies Section states - Community Shopping FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) - 5 Centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. 17, In review of the application for rezone it is provided at Section 11-2-4161( of the Municipal Code for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 17, I The area induded in the zoning amendment is not intended to be rezoned in the future; 17.2 That the applicant is agreeable to a requirement that all development of the subject real property be accomplished under the conditional use process, which is found as a reasonable condition of granting the application to be imposed by a development agreement; 17.3 The proposed use will 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, subject to the conditions of the conditional use process; 17.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 17.5 The area will be served adequately by essential public - facilities and services such as highways, streets, police a'i\d 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO, FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) - 6 17,6 The use 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, subject to the conditions of rezone in conjunction with the conditions of development as required in the Development Agreement required in AZ-99-0 12 "r n the Matter of the Application of Developer Diversified Realty Corp" the Application for Annexation and Zoning of 13.09 acres for Expansion of Family Center and Crossroads Mall, 4000 E. Fairview Ave" Meridian, Idaho" set forth as follows: 17,6.1 17,6.2 17.6,3 17,6.4 Dedicate sufficient additional right-of-way [Q total 60-feet from section line of Fairview Avenue abutting the entire site, The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy, Dedicate 76-feet of right-of-way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-way (30-feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822-feet tOtal) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. -= Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. FINDINGS Of fACT AND CONCLUSIONS Of LAW AND DECISION AND ORDER Of APPROVAL Of REZONING Of 11,4 ACRES BY DEVELOPERS DIVERSifIED REALTY CORPI DAKOTA CO, fOR EXPANSION Of MERIDIAN fAMILY CENTER! CROSSROADS MALL I (RZ-99-007) . 7 17,6,5 17,6,6 17.6.7 Construct a maximum of three driveways on Fairview Avenue a minimum of 440-feet for a t\tll access driveway and 220-feet for a right-in/right-oLlt driveway from any public street intersection and 220-feet from all existing or proposed driveways, The maximum driveway width will be 40-feet with a minimum stOrage length of lOa-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with I 5-foot radii. Coordinate the design, stOrage length and location of any proposed driveways with District staff. Construct Records Drive as a 65-foot street section (with curb, gutter and 5-foot wide concrete sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2. IOO-feet east of Eagle Road, Widen the approach to Fairview Avenue to provide twO northbound left turn lanes and one northbound through/right-tUrn lane, Two southbound lanes are needed from Fairview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements, Construct a traffic signal at the Fairview Avenue/Records Drive intersection, Provide and install an Opticom device for emergency vehicle pre- emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to - allow the future construction of dual left-turn larfes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation, Submit the signal design to District staff for approval prior to construction, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) . 8 17,6,8 17,6.9 17,6.10 17,6,11 17,6,12 A maximum of three driveways are approved on Records Drive, The driveways shall be located a minimum of l7S-feet south of Fairview Avenue and aligned or offset ISO-feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30-foot curb return drivewav with IS-foot curb radii. The minimum stOrage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive, Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited, Applicant shall submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State Tax Commission for the rezone. Applicant shall prepare and submit a subdivision plat for any splitting of property, Applicant shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 17.7 The proposed use will not involve a use, activity, process. material, equipment and condition 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, subject to the conditions of the conditional use process; 17,8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets, subject to the conditions of development herein imposed as conditions of granting this application; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO, FOR EXPANSION OF MERIDIAN FAMILY CENTERJ CROSSROADS MALL I (RZ-99-007) .9 17,9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 17,10 The proposed zoning amendment is in the best interest of the City of Meridian. 18. The legal description of the property that is the subject of this application for re-zone is as follows: A parcel of land located in the NE 1/4 of the NW 114 of Section 9, T. 3N., R. IE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the comer common to Sections 4, 5, 8 and the said Section 9, thence South 89°22' 10" East, 2659.63 feet to the 1/4 corner common to said Sections 4 and 9; thence South 0°48'14" West, 49.74 feet to a point on the southerly right-of-way of Fairview Avenue, said point being the Real Point of Beginning, Thence continuing along the north-south mid-section line South 0°48'14" West, 831.11 feet to a point; Thence North 89°35'32" West, 596,18 feet to a point; Thence North 0°25'00" East, 831.11 feet to a point on the southerly right-of-way of Fairview Avenue; Thence along said right-of-way South 89°35'24" East, 601.79 feet to the Real Point of Beginning, Containing 11.42 acres (497,816 square feet), more or less. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The City of Meridian has exercised its authority and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO, FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL! (RZ-99-007) . 10 responsibility as provided by "Local Land Use Planning Act of 1975", coditìed 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. 3, The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 3,1 3,2 4. Commercial and retail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states - The location of Community Shopping Centers should be guided by performance and development standards which consider that Commercial Activity Centers be located in proximity to other commercial developments and minimize impacts upon other adjacent areas, The Commercial Policies Section states - Community Shopping Centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas, The requested zoning of Community Business District, (C-C) is defined in the Zoning Ordinance at Il-2-408B(9) as follows: rc-c> CommunitY Business District: The purpose of the (C-C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encoUfage the clustering of commercial enterprises, All such districts shall have'" direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian, 5, Idaho Code § 67-6511 provides and requires that the City FINDINGS OF FACTAND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO, FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) - II shall establish bv ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts. ,vithin the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 6. Idaho Code § 67 -65l1A provides: Each governing board may. by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code. 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. The governing board shall adopt ordinance provisions governing the creation, fonTI. recording. modification. enforcement and termination of conditional commitments, 7, The City of Meridian by the adoption of § 11-2-4l6L has exercised its authority 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 property. 8, § 11-2-407 A ZONING DISTRICT MAP provides in part as follows: -: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon. are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO, FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) . 12 on the Official Zoning Map. the following shall apply: 8,1 8,2 8.3 8.4 9. \Nhere district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways. such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. IE no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line, § 11-2-416 K of the Municipal Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in pan as follows: The Commission and Council shall review the panicular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 9.1 9.2 9.3 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. -= The area is not intended to be rezoned in the future. The area is intended to be developed in the fashion that is allowed under the new zoning. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) - 13 9.4 9,5 9.6 9,7 9.8 9,9 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. The proposed uses will 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; The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; The area will 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; The use 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; The proposed uses will not involve uses, activities, processes. materials. equipment and conditions of operation that will be detrimental to any persons, propeny or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; , 9.10 The area will have vehicular approaches to the propeny which shall be so designed as not to create an interference with traffic on surrounding public streets; 9.11 The use will not result in the destruction. loss or damage of a- natural or scenic feature of major imponance; and - 9.12 The proposed zoning amendment is in the best interest of the City of Meridian. fiNDINGS Of FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING Of 11.4 ACRES BY DEVELOPERS DIVERSIFIED REAL TV CaRPI DAKOTA co, FOR EXPANSION Of MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) - 14 DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF lAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request for rezone of approximately 11.4 acres for continued construction and development of the Meridian Family Center/Meridian Crossroads Mall is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The City Attorney was directed in Case No. AZ-99-0 12 to prepare a development agreement in accordance with the general form used by the City of Meridian for such agreements, with the following special terms and conditions which also relate to in this application to-wit: 2.A That the Development Agreement shall also include and contain the conditions of and for the real propeny which is the subject of rezoning application, Case No. RZ-99-007, Conditions of Use: 2.1 All development and uses for and of the proposed development shall be developed under the conditional use permit process as a planned development. ." Conditions of Development: 2.2 Dedicate sufficient additional right-of-way to total 60-feet from section line of Fairview Avenue abutting the entire site. The right- of-way shall be dedicated by means of recordation of a final FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) - [5 2,3 2.4 2.5 2,6 2,7 subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. Dedicate 76-feet of right-of-way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-way (30-feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822-feet tOtal) prior to issuance of any Certificate of Occupancy, The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. Construct a maximum of three driveways on Fairview Avenue a minimum of 440-feet for a full access driveway and 220-feet for a right-inlright-out driveway from any public street intersection and 220-feet from all existing or proposed driveways. The maximum driveway width will be 40-feet with a minimum storage length of IOO-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with I5-foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. Construct Records Drive as a 65-foot street section (with curb., gutter and 5.foot wide concrete sidewalk) from Fairview Avenile to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2,IOO-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane, Two southbound lanes are needed from Fairview Avenue to a point FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO, FOR EXPANSION OF MERIDIAN FAMILY CENTERJ CROSSROADS MALL I (RZ-99.007) - 16 2.8 2,9 300-feet south of Fairview. Dedicate sufficient right-of-way for' the noted improvements. Construct a traffic signal at the Fairview Avenue/Records Drive intersection, Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the futUre construction of dual left-turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation, Submit the signal design to District staff for approval prior to construction. A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 17 5-feet south of Fairview Avenue and aligned or offset ISO-feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30-foot curb retUrn driveway with IS-foot curb radii. The minimum stOrage length shall be 50-feet. Install a 36"by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 2, I 0 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 2, II Applicant shall submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State Tax Commission for the rezone. 2.12 Applicant shall prepare and submit a subdivision plat for any splitting of property. -: 2.13 Applicant shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REAL TV CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) . 17 3, The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subject of the application to (C-C) Community Business District (§ 11-2-408 B (9) of the Revised and Compiled Ordinances of the City of Meridian) which ordinance shall be considered for passage subsequent to the applicant having executed the development agreement. 4, Subsequent to the passage of the Ordinance, provided for in Seétion 2 of this Order, the engineering staff of the Public Works Depanment shall prepare the appropriate mapping changes of the official Zoning Maps as provided in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the rezoning ordinance. -: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11,4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) - 18 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 rezoning 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 Novei'11ber ~,1999, ROLL CALL COUNCILMAN RON ANDERSON VOTED~ VOTED -!/!::.-A..... COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD VOTEDþ VOTED-þ COUNCILMAN CHARLIE ROUNTREE MAYOR ROBERT CORRIE (TIE BREAKER) DATED: ;/-16-C/r VOTED- MOTION: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REAL TV CORPI DAKOTA CO, FOR EXPANSION OF MERlDlAN FAMILY CENTER! CROSSROADS MALL I (RZ-99-007) - 19 APPROVED: ~ -- DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department. Public Works Department and the City Attorney. By.dI~Þ'&'!h r; (j Dated: 1/-/6-'19 I City Clerk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER! CROSSROADS MALL / (RZ-99-007) - 20 -: ~