Cedar Springs Professional Center RZ 03-013
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 05110/05 02:08 PM
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Meridian Cily 105058639
FIRST ADDENDUM TO 4.1 "USES PERMITTED BY THIS AGREEMENT" OF
THE DEVELOPMENT AGREEMENT (CASE NO. AZ-OO-OI9
FOR NEW CASE NO. RZ-O3-013)
The following is an addendum to that certain Development Agreement between
the City of Meridian and Howell-Murdoch Development Corporation, and specifically to
section 4.1 Uses Permitted By This Agreement on page 4 of the Development
Agreement, which is subsequent to entering into ofthe original Development Agreement
dated May 6, 2002, and recorded in the Ada County Recorder's office as Instrument No.
102067381.
The parties hereto agree as follows:
A. The Development Agreement dated May 6,2002, as it pertains to Uses
Permitted By This Agreement, is amended to read as follows:
Construction and development of 264 building lots and 31 other lots for a
residential subdivision, carwash, coffee standlkiosk, fuel pumps and office
uses.
Development shall be consistent with the 2002 Meridian Comprehensive
Plan Generalized Land Use Map, which designates the property as "Mixed
Use-Community" and "Medium Density Residential."
B. It is agreed between the City and Developer that the development project
of Cedar Springs Professional Center shall be fully incorporated into the original
development agreement with Howell-Murdoch Development Corporation, and
shall include the 5.51 acres with a CoN zoning. Additionally, the conditions and
the specific uses that were allowed within the original development agreement,
which is attached hereto and by this reference incorporated herein as if set forth in
full and consisting of forty-eight (48) pages, shall apply to the Cedar Springs
Professional Center.
Therefore, the "Developer" shall comply with the following additional
conditions as follows:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
I.
The legal description submitted with the application meets the requirements
of the City of Meridian and State Tax Commission.
2.
The subject property is within the Urban Service Planning Area. Essential
City services will be made available to the subject property.
First Addendum to Development Agreement
Page 1 of 7
B.
3.
Any existing domestic wells and/or septic systems within this project will
have to be removed /Tom their domestic service, per City Ordinance
Section 5-7-517, when services are available /Tom the City of Meridian.
Wells may be used for non-domestic purposes such as landscape
irrigation.
Adopt the Recommendations of ACHD as follows:
I.
Construct Venable Lane as one-half of a 40-foot street section with curb,
gutter, 5-foot concrete sidewalk on the east side of Venable Lane and a
minimum of 24-feet of pavement within 40-feet of right-of-way.
2.
Construct a 30-foot shared curb return type driveway that intersects
Venable Lane approximately 270-feet north of Us tick Road, as proposed.
Pave the driveway its full width and at least 30-feet into the site beyond
the edge of pavement of the roadway and install pavement tapers with 15-
foot radii abutting the existing roadway edge.
3.
Construct a 48-foot shared curb return type driveway with an 8-foot center
island within it that intersects Ustick Road approximately I40-feet west of
the east property line, as proposed. Pave the driveway its full width and at
least 30-feet into the site beyond the edge of pavement of the roadway and
install pavement tapers with IS-foot radii abutting the existing roadway
edge.
4.
Other than the Access point that is specifically approved with this
application, direct lot access to Ustick Road is prohibited. Access
restrictions will be required to be noted on the final plat.
5.
Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of Approval
2.
3.
I.
Any existing irrigation facilities shall be relocated outside of the right-of-
way.
All utility relocation costs associated with improving street /Tontages
abutting the site shall be borne by the developer.
Replace any existing damaged curb, gutter and sidewalk and any that may
be damaged during the construction of the proposed development.
Contact Construction Services at 387-6280 (with file number) for details.
First Addendum to Development Agreement
Page 2 of 7
11.
4.
Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact the District's Utility
Coordinator at 387-6258 (with file numbers) for details.
5.
All design and construction shall be in ac.cordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived herein. An engineer registered in
the State ofIdaho shall prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to
issuance of building permit (or other required permits), which incorporates
any required design changes.
7.
Construction, use and property development shall be in conformance with
all applicable requirements of the Ada County Highway District prior to
District approval for occupancy.
8.
Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #198, also known as Ada
County Highway District Road Impact Fee Ordinance.
9.
It is the responsibility of the applicant to verify all existing utilities within
the right-of-way. The applicant at no cost to ACHD shall repair existing
utilities damaged by the applicant. The applicant shall be required to call
DIGLINE (1-800-342-1585) at least two full business days prior to
breaking ground within ACHD right-of-way. The applicant shall contact
ACHD Traffic Operations 387-6190 in the event any ACHD conduits
(spare or filled) are compromised during any phase of construction.
10.
No change in the terms and conditions of this approval shall be valid
unless they are in writing and signed by the applicant or the applicant's
authorized representative and an authorized representative ofthe Ada
County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway
District.
Any change by the applicant in the planned use of the property which is
the subject of this application, shall require the applicant to comply with
all rules, regulations, ordinances, plans, or other regulatory and legal
restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the
subject property unless a waiver/variance of said requirements or other
legal relief is granted pursuant to the law in effect at the time the change in
use is sought.
First Addendum to Development Agreement
Page 3 of 7
C.
Adopt the Meridian Fire Department Recommendations as follows:
I. That a fire-flow as required by the International Fire Code is provided to service the
entire project. Fire hydrants shall be placed an average of 350' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department. Additionally, internal fire hydrants will be required for the project.
4. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have a turn around.
5. All entrances and internal roads shall have a turning radius of28' inside and 48'
outside.
6. Operational fire hydrants and access roads are required before combustible
construction begins.
7. All building uses and processes to comply with the fire code in effect at the time of
construction.
8. No vertical obstructions or mature landscaping which obstructions the outlets of the
fire hydrant within 10'.
9. Vertical clearance for driveways shall be 13'6", this may affect tree placement in
landscaping areas.
10. All fire lanes shall have a clear driving surface which is20' wide available at all
times.
D.
Adopt the conditions of Sanitary Service Company as follows:
I.
Design the enclosure per the standard recommendations of SSC for access,
gates, floor/pad, container stops/bumpers, and dimensions. Coordinate the
design with SSC. Approval of the trash enclosure design will be required
prior to issuance of a Certificate of Zoning Compliance for the project.
E.
Adopt the action of the City Council taken at their March 16, 2004 meeting as
follows:
For clarification:
I.
The revised Site/Landscape Plan (Sheet L-I, by Jensen Belts) is dated
3/8/04. The CUP shall also reflect this revised plan.
First Addendum to Development Agreement
Page 4 of 7
7.
c.
2.
The new fuel island canopy elevations sheet (by LAB Architect) is dated
October, 2003. The CUP shall also reflect the revised sheet in Condition
#6 of the Recommendations.
3.
The revised Site/Landscape Plan reflects most of the modifications
required, but the Plan does !l!l1. reflect the following:
a) a detached sidewalk on Ustick Road (PP condition #2)
b) right-of-way landscape improvernents adjacent to Ustick Road
(pP condition #8.b.)
c) parallel parking stall change (CUP condition #7, page 2)
4.
The above modifications (3 above) must be made during the Final Plat
and/or CZC approval process.
5.
The proposed school site is presently conceptual, as the school district has
not decided on a layout as of yet.
6.
Hours of operation for the drive-through coffee stand shall be from 6:00
a.m. to 8:00 p.m.
Hours of operation for the car wash (no more than three (3) vacuums
allowed), and two (2) fuel pumps shall be allowed as a 24 hour operation.
Hours offuel delivery and remgerated truck operation shall be from 7:00
a.m. to 6:00 p.m.
The decibel levels generated at the site shall be required to comply with
Meridian City Code 6-3-6.
The developer shall also be required to comply with all the conditions set
forth in the corresponding applications, which are PP-03-044 and CUP-03-
067.
Except as modified by this Addendum, the Development Agreernent
between the parties dated May 6, 2004, is hereby ratified and confirmed.
IT IS SO AGREED.
First Addendum to Development Agreement
Page 5 of 7
DATED AND SIGNED this 2ß'(..l.dayof ~/2
Attest:
Byd~A
City Clerk
STATEOFIDAHO )
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CITY OF MERIDIAN
ByJé trJ ~.{/
County of Ada,
On this ~ day of ~. f , 2004, before me, the undersigned
Notary Public, personally appeared Kevin Howell, known or identified to me to be the
President of Howell-Murdoch Development Corporation, who executed the instrument on
behalf of said corporation and acknowledged to me that he executed the same on behalf
of said corporation.
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First Addendum to Development Agreement
Page 6 of 7
otary Public for Idaho
Residing at~.s. . .1.Ö
Commission Expire's: >;'-.d~'1.Ù
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STATE OF IDAHO)
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County of Ada, )
J. ~A J.,(If)S'
On this ~ day of ¡'LA\/' ,~, before me, the undersigned
Notary Public, personally appeared Tarnmý de Weerd and William G. Berg, Jr., known or
identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian,
who executed the instrument or the persons that executed the instrument on behalf of said
City, and acknowledged to me that such City executed the same.
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First Addendum to Development Agreement
Page 7 of 7