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Resolution Business Park AZ 00-004ADA COUNTY RECORDER ( I ~ ~..(/' J/ 21101) JL 20' .{~)s,;.. ,n,~l.,o . I O0056509F ~__DEPUTY~/i DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Overland 16, L.L.C., Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this [~ day of ~bo~ , 2000, by and between CITY OF MERIDIAN, a municipal corpo/'ltion of the State of Idaho, hereafter called "CITY", and OVERLAND 16, L.L.C., hereinafter called "OWNER/DEVELOPER", whose address is 6223 N. Discovery Way, Boise, Idaho 83713. 1. RECITALS: 1.1 WHEREAS, 'iOwner/Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein · ' as if set forth in full, herein after referred to as the "Property"; and 1.2 1.3 1.4 WHEREAS, I.C. §67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Owner/Developer" malcea written commitment concerning the use or development of the subject "Property"; and WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 1 I- 15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and WHEREAS, "Owner/Developer" has sXt~_mi_'tted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Neighborhood Business District (C-N), (Meridian City Code §§ 11-7-2 H); and DEVELOPMENT AGREEMENT (AZ-00-004) - 1 1.5 WHEREAS, "Owner/Developer" nrade representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the Z~ay of xTkt~--, 2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, both the "Findings" require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning DEVELOPMENT AGREEMENT (AZ-00-004) - 2 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 Ordinances codified in Meridian City Code Tide 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contiactual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, ternxs, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a mtmicipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER"/"OWNER": means and refers to Overland 16, L.L.C., whose address is 6223 N. Discovery Way, Boise, Idaho 83713, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (AZ-00-004) - 3 USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Sections 11-7-2 H which are herein specified as follows: (C-N) Neighborhood Business District: The purpose of the C-N District is to permit the establishment of small scale convenience business uses which are intended to meet the dialy needs of the residents of an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan); to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into the adjoining residential districts. All such districts shall give direct access to transportation arterial or collectors, be connected to the Municipal water and sewer systems of the City, and shall not constitute all or any part of a strip development concept. With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a planned development. For the construction and development of a planned commercial development. 4.2 No change in the uses spedfied in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer'V"Owner" have submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. DEVELOPMENT AGREEMENT (AZ-00-004) - 4 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Developer"/"Owner" shall enter into a Development Agreement, that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian which provides for the following conditions of development to-wit: 6.1 The zoning shall be a lower intensity commercial zone, Neighborhood Commercial (C-N), rather than C-G, for the property described in the application subject to signing a development agreement. 6.2 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 6.3 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 6.4 Off-street parking shall be provided in accordance with City of Meridiaxx Zoning and Development Ordinance and/or as detailed in site-specific requirements. 6.5 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. DEVELopMENT AGREEMENT (AZ-00-004) - 5 6.7 6.8 6.9 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. Provide five-foot-wide sidewalks in accordance with City Ordinance. 6.10 All construction shall conform to the requirements of the Americans with Disabilities Act. 6.11 Developer shall, in any future development, insure that emergency vehicular access through this property from Locust Grove Road to the parcel lying to the east (RZ-00- 003) shall be designed and built. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer'V"Owner" or "Developer"'s/"Owner's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two years of the date this Agreement is effective; and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT (AZ-00-004) - 6 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION "Developer"/"Owner" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer"/"Owner" and if the "Developer"/"Owner' fails to cure such failure within six (6) months of such notice. 9. : INSPECTION: "Developer"/"Owner" shall, ~nunediately upon completion of any portion or the entirety of said development of the "Property'' as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineerls inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. I 0. DEFAULT: 10.1 10.2 In the event "Developer"/"Owner", "Developer"'s/"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. A waiver by "City" of any default by "Developer'7"Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar DEVELOPMENT AGREEMENT (AZ-00-004) - 7 any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandmn of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording to "Developer"/"Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer"/"Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.I In the event of a material breach of this Agreement, the parties agree that "City" and "Developer'7"Owner" shall have thirty (30) days after delivery of norice of said breach to correct the same prior to the non-breaching party's seeldng of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period DEVELOPMENT AGREEMENT (AZ-00-004) - 8 as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer"/"Owner" or "City" is delayed for canses which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all improvements are conrpleted, unless the "City" and "DeveloPer"/"Owner" have entered into an addendum agreement stating wi~en the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings' of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT (AZ-00-004) - 9 CITY: OWNER/DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Overland 16, L.L.C. 6223 N. Discovery Way Boise, Idaho 83713 with copy to: City Clerk City of Meridian 33 E. Idaho Ave: Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEESi Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall sumive any default, termination or forfeiture of this Agreement. 19. : TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person DEVELOPMENT AGREEMENT (AZ-00-004) - 10 acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. 21. INVALID 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. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner/Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the .... City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT (AZ-00-004) - 11 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-00-004) - 12 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OVERI.AND 16, L.L.C. BY: M'~n n~g Member BY RESOLUTION NO. Attes~ · City Clerk BY RESOLUTION NO. ~ ~-~ CITY OF MERIDIAN t~a~or Robert D. Corrie DEVELOPMENT AGREEMENT (AZ-00-004) - 13 STATE OF IDAHO ) COUNTY OF ADA ) :SS ~' r On this_~ day of ~ , in the yea 2000, before me, ~ee~ t-, ~/~ccr-a bYotary public, p~sqnally appeared lmom or identified to me to be the Mana~ng Membe~of ~erland 16, L.L.C., who executed the inst~ent on beh~f of said Li~ted Liability Co~oration and a~owledg~me,ha~ng executed ~e same. ~ ~: ~"~ ~ ' = Commission expires: ~- STATE OF ID~,;,~ '~- L County of Ada ) On &is { ~ day of , in the year 2000, before me, a Nota~ Public, personally appeared Roben D. Corrie and William G. Berg, lmow or identified to me to be the Mayor and Clerk, respe~iVely, of the City of Meridian, who executed the instrument or the person ~at executed the inst~ent of behalf of said City, and ac~owledged to me that such City executed the same. (S~) ~ , ~ · .~ ~ ~ & ~. Nota~ P~ic f~o ,,' ~ Public for Idaho DEVELOPMENT AGREEMENT (AZ-00-004) - 14 EXHIBIT A Legal Description Of Property. A parcel of land including a portion of the right-of-way of Locust Grove and Overland Road, lying in the NW 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northwest corner of Section 20, T. 3N., R. 1E., B.M., the REAL POINT OF BEGINNING of this description; Thence S 00°34'14" W 970.53 feet along the west line of the NW 1/4 to a point; Thence N 89°59'19'' E 849.95 feet to a point on the centerline of the Hunter Lateral; Thence N 05o29,17,, W 140.30 feet along said centerline to a point; Thence N 16°14'08" W 216.98 feet along said centerline to a point; Thence N 18027'39'' W 470.81 feet along said centerline to point; Thence N 07°06'04" W 175.77 feet along said centedine to a point on the centerline of Overland Road, which is also the north line of said NW 1/4; Thence N 89°52'19'' W 595.39 feet along said north line to the REAL POINT OF BEGINNING of this description; Said parcel of land contains 16.119 acres more or less. DEVELOPMENT AGREEMENT (AZ-00-004) - 15 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval Z:\Work~M~Meridian 15360Ivl~esolution Business Park AZ RZ CUP PP~DevelooAer DEVELOPMENT AGREEMENT (AZ-00-004) - 16 BEFORE THE MERIDIAN CITY COUNCIL 06-08-00 IN THE MATTER OF THE ) APPLICATION OF OVERLAND, ) 16, L.L.C., THE APPLICATION ) FOR ANNEXATION AND ) ZONING OF 16. I 19 ACRES ) FOR RESOLUTION BUSINESS ) PARI(, LOCATED AT LOCUST ) GROVE AND OVERLAND ) ROADS, MERIDIAN, IDAHO ) ) Case No. AZ-00-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on June 6, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Becky Bowcutt, Briggs Engineering, Inc., and appearing and testifying with comments or concerns were: Marion Burtell, Ted Sutherland, Bruce Waite, Dave Sheppard, John Shipley, Lacey White, Norma Gale, and Michelle Barron, and the City Council having duly considered the evidence and the record in this matter FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PAP, I((AZ-00-004) therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for June 6, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under 7 consideration more than fifteen (15) days prior to said hearing and with the notice of public heating 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 June 6, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements~set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and FINDINGS OF FACT AND cONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) development ordinances codified at Titles 11 and 12, Meridian City Code, and ail current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 16.119 acres in size and is located at the southeast comer of Overland Road and South Locust Grove Road. The property is designated as Resolution Business Park. 5. The owner of record of the subject property is Overland 16, LLC of Boise, Idaho. 6. Applicant is owner of record. 7. i The property is presently zoned by Ada County as R-T, and consists of Rural Transitional agricultural land. 8. The Applicant requests the property be zoned as C-G. 9. The subiect property is bordered to the north by C-G zoning, to the south and West by K-1 and R-4,~ and to the ease by Ada County R-T and city limits of the City of Meridian are adjacent and abut to the north, south and west of the subject property. 10. i The property which is the subject of this application is within the Area FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) of Impact of the City of Meridian. 11.. The entire parcel of the property is included within the Meridian Urban Serdce Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: planned commercial development. 13. The Applicant requests zoning of the subject real property as C-G which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map 7 which designates the subject property as Mixed Planned Use Development: 14. ' There are no significant or scenic features of major importance that affect the consideration of this application. 15. Giving due consideiation 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 Recommendation of Planning and Zoning Staff as follows: ... 15.1 ' The zoning shall be a lower intensity commercial zone, Neighborhood ' Commercial (C-N), rather than C-G, for the property described in the application subject to signing a development agreement. 15.2 Any existing irrigation/drainage ditches crossing the property to be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PAR/((AZ-00-004) included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 15.3 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 15.4 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 15.5 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 15.6. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and · disposed of on-site. 15.7 Outside lighting shall be designed and placed so as not to direct · illumination on any nearby residential areas and in accordance with City Ordinance Section. 15.8 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 15.9 Provide five-foot-wide sidewalks in accordance with City Ordinance.-. 15.10 All construction shall conform to the requirements of the Americans with Disabilities Act. 15. I 1 Developer shall, in any future development, insure that emergency' vehicular access through this property from Locust Grove Road to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) parcel lying to the east (RZ-00-003) shall be designed and built. 16. 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. 15, 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. 17. It is also found that the development considerations as referenced in Finding No; 15 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to' produce excessive traffic, noise, smoke, fumes, glare and odors. 18. It is found that the zoning of the subject real property as Neighborhood Business District~(C-N) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned FINDINGS. OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) Use Development. 19. 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: 19.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the : subject application. 19.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 19.3 19.4 19.5 19.6 The application is consistent with Meridian's self identity. The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing an&projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) plan and the Zoning ordinances of the City to the subject application. 20. applicant extends the lines. · The property can be physically serviced with City water and sewer, if CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code. Section 50-222. The Meridian City Code § 11-16 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.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-0OZt) 4.1 4.2 To preserve Meridian's environmental quality and to make provisions for and improve the total natural enviromnent by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 4.4 4.5 4.6 4.7 4.8 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for ex/sting and future residents, reduces: the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. To provide housing opportunities for all economic groups within the community. To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. To encourage cultural educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. To provide community services to fit existing and projected needs. To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 4.B Comprehensive Plan Policies: The goals and policies listed below most directly apply to the proposed project: Goals Section Goal 3: To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future ~esidents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services, and its open space character. Goal 4: To provide housing opportunities for all economic groups within the community. Goal 8: To establish compatible and efficient use of land through the use of innovative and functional site design. Economic Development Chapter 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages.., commercial enterprises to locate in Meridian. 1.3 The character, site improvements and type of new commercial or industrial develOpments should be harmonized with the natural environment and respect the unique needs and features of each area. Land Use Chapter 1.4U - Encourage new development which reinforces the City's present development pattern of higher-density development within the Old Town area and lower-density development in outlying areas. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page i0 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) 1.8U - Promote the development of high-quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods. 2. IU - Support a variety of residential categories for the purpose of providing the City with a range of affordable housing opportunities. 2.2U - Support strategies for the development of neighborhood parks within all residential areas. 2.3U - Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 4.8U - Encourage commercial uses, offices, and medical-care uses to located in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. : 6.8U - New urban density subdivisions which abut or are proximal to existing rural residential land uses shall provide screening and transitional densities with larger, more comparable lot sizes to buffer the interface between the urban level densities and rural residential densities. Transportation Chapter 1.4U - Monitor and coordinate the compatibility of the land use and transportation system. 1.20U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. Open Spaces. Parks and Recreation 2.5U - New subdivision development.., will be considered as opportunities to, . . encourage the development of recreational open spaces and parks as part of new planned developments. FINDINGS: OF FACT AND CONCLUSIONS OF LAW - Page i 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) Housing Chapter 1.1 - The City of Meridian intends to provide for a wide diversity of housing types... in a variety of locations suitable for residential development. 1.4 - The development of housing for all income groups close to employment and shopping centers should be encouraged. 1.6 - Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and service needs. 1.19 - High-density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares. T Community Design Chapter 5.2 - Ensure that all new development enhances rather than detracts from the visual quality of it.s surroundings, especially in areas of prominent visibility. 6.5U - Establish land-use designations that reflect the character of existing neighborhoOds. 6. i 1U - Promote well-planned and well-designed affordable housing in all Meridian neighborhoods. The zoning of Neighborhood Business District (C-N) is defined in the Zoning Ordinance at § 11-7-2 H as follows: (C-N~ Neighborhood Business District: The purpose of the C-N District is to permit the establishment of small scale convenience business uses which, are intended to meet the daily needs of the residents of an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan); to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into the adjoining residential districts. All such districts shall give direct access to transportation arterial or collectors, be connected to the Municipal water and sewer systems of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERJ_AND 16, LLC RESOLUTION BUSINESS PAR.I((AZ-00-004) the City, and shall not constitute all or any part of a strip development concept. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a planned commercial development on this parcel of land. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Bun vs. The City of Idaho Falls. 105 Idaho 65, 665 P2d 1075 (1983). 8. 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 12- 2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 10. · Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer 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 FINDINGS: OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. 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 16.119 acres to Neighborhood Business District (C-N) is granted subject to the terms and conditions, of this Order hereinafter stated. 2. The application is for annexation and zoning of 16.119 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The iegal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. ' Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PAR2((AZ-00-004) conditions of development, to-wit: 3.1 The zoning shall be a lower intensity commercial zone, Neighborhood Commercial (C-N), rather than C-G, for the property described in the application subject to signing a development agreement. 3.2 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.3 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 3.4 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 3.5 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3.6. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. Ail site drainage shall be contained and disposed of on-site. 3.7 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section. 3.8 Ail signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) 3.9 Provide five-foot-wide sidewalks in accordance with City Ordinance. 3.10 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.11. Developer shall, in any future development, insure that emergency vehicular access through this property from Locust Grove Road to the parcel lying to the east (RZ-00-003) shall be designed and built. 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-N) Neighborhood Business District, and Meridian City Code § 1 I-7-2 H. : 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-i in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, FINDINGS. OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERIakND 16, LLC RESOLUTION BUSINESS PAP, I((AZ-00-004) Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~77g-w,.~ ,2000. of ROLL CALL COUNCILMAN RON ANDERSON ~;'~ day VOTED COUNCILMAN KEITH BIRD VOTED COUNCILMAN TAMMY deWEERD COUNCILMAN CHERIE McCANDLESS VOTED MAYOR ROBERT O. CORRIE (TIE BREAKER) DATED: 5fl~Tt/-a~-~ MOTION: · APPROVED~ DISAPPROVED:__ VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and =the City Attorney. City Clerk Dated: msg/ZAWork~dLMeridian 15360M~R~solutlon Business Park AZ KZ CUP PP~fl21sOrder.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOK ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-O04)