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Medina Subdivision (AKA Meridian Gateway) MI 07-002 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 07/13/07 02:57 PM DEPUTY Vicki Allen RECORDED - REQUEST OF City of Meridian AMOUNT .00 29 1111111111111111111111111111111111111 107099630 ADDENDUM TO THE DEVELOPMENT AGREEMENT P ARTlES: 1. 2. City of Meridian White-Leasure Development Company, Owner/Developer The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into on the 25th day of August, 2005. This addendum is made and entered into this 2 n4 day of ~Tu' ~ ' 2007, by and between CITY OF :MERIDIAN, a municipal corporation 0 the State of Idaho, hereafter called "CITY', and WHITE LESURE DEVELOPMENT COMPANY, whose address is 416 S. 8th Street, Suite 200, Boise, ill 83702 hereinafter called "OWNERJDEVELOPER". OWNER I DEVELOPER agrees to be bound by the terms of the original Development Agreement (instrument # 1 OS 134293). approved on 25th day of August, 2005 and recorded on September 15, 2005 on the land described in Exhibit "A", except as specifically regarding Exhibit B ofthe Development Agreement. 1. The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described Development Agreement. exhibit "B", or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That the Development Agreement (Instrument No.1 05134293) for this property be modified as follows: Exhibit B, Section A, first bullet: ". . . lR eompliaaee ',vita the Meridian Comprehensive Plan, no curb cuts shall be allowed on Kuna -Meridian Road (SH 69) except for one (I) right-inlriaht-out access to be located on S. Meridian Road. no closer than five hundred (500) feet from the centerline of w. Overland Road. Exhibit B, Section J, last paragraph: ". . . Staff fmds that no curb cuts or access to KUlla-Meridian Road shall be taken from this site upon development exce9t for one (I) rie:ht-inlriszht-out access on Meridian Road to be located no closer than five hundred (500) feet from the centerline of West Overland Road. Exhibit B, Annexation and Zoning Commentsl under #5; add an additional bullet item as follows: "This site is allowed one riaht-in/rillht-out access to S. Meridian Road to be located no closer than 500 feet from the Centerline of W. Overland Road. No other accesses or curb cuts shall be allowed to S. Meridian Roa.d. " ADDENDUM TO DEVELOPMENT AGREEMENT (Ml 07-002 - MEDINA SUBDIVISION) PAGE I OF4 Attached a copy of the preliminary plat shown in Exhibit A of the staff report as an exhibit to the DA depicting the approved access points for the subdivision. (attached hereto as Exhibit C) 3. That "Owner /Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation of the "OwnerlDeveloper", or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This second addendum shall be binding on the "OwnerlDeveloper" of the "Property", each subsequent owner and any other person(s) 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 hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "OwnerlDeveloper", to execute appropriate and recordable evidence of termination of this addendum if "City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed its obligations under this Addendum. 5. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between "OwnerlDeveloper" and "City" relative to the subject matter herein, and there are no promises, agreements, conditions or under~ standing, 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 second addendum 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". a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended within the approval of the City ADDENDUM TO DEVELOPMENT AGREEMENT (MT 07.002 - MEDINA SUBDIVISION) PAGE 2 OF 4 Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a roning designation and/or amendment in force at the time of the proposed amendment. 7. This addendum shall be effective as of the date herein above written. ACKNOWLEDGMENTS IN WIlNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERlDEVELOPER: WlDTELEAS BY: CITY OF MERIDIAN Attest; ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-002 - MEDINA SUBDIVISION) PAGE 3 OF 4- STATE OF IDAHO ) : ss: County of Ada, ) On this Z,lt~ay of /l,~..i~ _ ~ 2007, before me, the undersigned, a Notary Public in and for said State, perso~ 1/ ~J b oJ ML / known or identified to me to be the {'A.L'''Y~ of White Leasure Development Company, who executed the instrument, and acknowledged to me that he executed the same on behalf of such corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal th(seEAd:)8Dd 7~~::'lIrst above written. . d. . . . i~;'-;OT" '" ~ ~ I . -( l\~.._Jt k : No. . Public for,Idaho : ~ c. Resldmgat: ~/.tL, T/~ \.~. &8 L"_\ I My Commission Expires: ~lj'O " "fA:.. dO # "'of, J li O' "~n fl.'. .c 11'" . F IV.... 11'................ STATE OF IDAHO ) : 5S County of Ada ) On this--1('l*' day of /~ l \.1 , 2007, before me, a Notary Public, personally appeared Tammy~. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, ofthe City of Meridian, who executed the instrwnent or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WIlNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ........ · ... G~.. .. ........ . ~---....~ . ..~~o'tAJij:\ ., . '...., \ . . : ' . . . \ . . . . . . I . . . .. . . . . ' . . . l . '. A-liM: ~ :~. .~~RY-~!P~ if'.SI'.. ,-1u~QU Notary Public for Idaho Residing at: CC\ \(\LLt'll . lO Commission expires: \l'd l-l l ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-002 - MEDINA SUBDIVISION) PAGE 4 OF 4 ... ".fa. .. e e -goun~aro ..Le~J p~~Crl~ HpW.WP~tceJ AJ?~rper-,~.~ in-th,e NI;" ~,:,ijflh.~ ~~ ~,:rifS:e'ctlQri. .24. Town.~h,!p'~NQrtb. 'Ra6,ge 1 We$tj; B'Qrsf(Metidiai'i'~.Ad. 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'~,"''''.~inll~ Kl!hVHq.welrSYN~Y J_P~:~Oi Ofj~$:- ;'t' ';.' e e 'Thence continuing along said .weS:t8rJy~tight"of-way:'riU~9.~2.2i54.'Wa-dJ.ncEl.:Qt"1.5A:)O.feet to a J)t~s ca.p:monuniertrmafk~d;'atatiOIi 428+57;::72:.65' tT:: ."tp~nc~:OO'1tl.n.uii:Jg;:'~,!9.,1J9 ,~id w.~lterly :right';;Q('"w.y::.$:\O.o'37~~Wa: dj~ancEi!:.:of 2()~;:26. ,_at to the POINT OF BEGINNING.. . thIs .pat<;el. coritaii1$: .$;08.: a.(:~eti.::(;3eiQ.924'$qvare,.f$$t) and Is,;$.fJt)Je~rtQ :~'r'!y.";".:S.'J/jE!nts'e~isljf19 Q"r In--use;, ':'(3ilrit~n'iW. Hansen~ f?l:S:' .L:liiod'.S:olutiOiiS PC t ..., ,"'" ,,', '," ..J . .Jur.::t~'. :2()O$ .utj _ "... ..Lij~J,U~JQ:n$ '~~~w'~allll KLhfjH~e'll 'Survey Jop:No. 06~3. ADA COUNTY RECORDER J. DAVID NAVAftRO BOllE IDAHO 09l1li105 12;1' PM DEPUTY IllIInll OblrbJmJ RECORDED-REQUEST OF Meridlln ell\' DEVELOPMENT AGREEMENT AMOUNr .00 22 --- PARTIES: 1. 2. 3. City of Meridian William and Mary Howell, OWners White Leasure Development Company, Developer THIS llijVBLOPMBNT AGREEMBNT (this "Agreement"), is made and entered into this ~ day of ~If , 2005, by and between CITY OF MERIDIAN. a municipal COlporatlon the State of Idaho, hereafter called "CITY", ~d WILLIAM AND MARYHOWBLL whose address is 497 White Cloud Drivo. Boise, Idaho 83709, hereinafter called "OWNER", and WHITE LBASURE DEVELOPMENT COMPANY, whose address is 416 S. Sib Street, Suite 200. Boise, Idaho 83702. 1. RECITALS: 1.1 WHEREAS, "OWNER" is the sole owner, in law and/or equity, of certain tract 01 land In the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached heICto and by this reference incorporated herein as if set forth in full. herein after referred to as the "Property"; and 1.2 WHEREAS, Le. t 67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" andlor ''Developer'' make a written commitment concerning the \ISO or development of the subject ''Property''; and 1.3 WHEREAS, UCity' has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, ''Developer'' has submitted an application for annexation and zoning of the "Property" described in Exhibit A; and 1. S WHEREAS, "Developer" made representations at the pUblic hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council. as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requeatecl annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission. and subsequently before the City Council, include responses of govermrumt subdivisions providing DBVELOPMENT AOREBMEN'I' (AZ-04-03J) MBRlDIAN GATEWAY - Pagc 1 of ~ services within tho City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council. the 18'" day of January, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order. set forth in Exhibit B, which arc attached hereto and by this reference incorporated herein as if set forth in full. hereinafter referred to 88 (the ''findings''); and 1.8 WHEREAS. the Findings require the "Owner" and "Developer" to enter into a development agreement befme the City Council takOli tin81 action on annexation and zoning designation; and 1.9 "OWNER" and "DEVELOPER" deem It to be in its bestinteteSt to be able to cntel' 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 ~I()wner" and "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and lhe subsequent use of the "Property" is in accordance with the terms lltld oonditions of this development agIeCD1ont. herein being established as a result of evidence received by tho "City" in the proceedinsa for annexation and zoning designation from government 8ubdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6. 2002. Resolution No. 02-382, and the Zoning and Development Ordinances oodifiedin Meridian City Code Title 11 and Tille 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth hetein. the parties agree as follows: 2. INCORPORATION OF RECITA13: That the above recitals llRl contractual and binding and aro incorporated herein as if $et forth in full. DEVELOPMBNT AOREEMBNT (AZ-04-031) MBRIDIAN GATEWAY - ra&e 2 of 1m 3. DEFINITIONS: For all purposes of this Agreement the following words. termS, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the Bame requires otherwise: 3.1 "CITYtt: means and refers to the City of Meridian. a party to this Agreement. which is a municipal Corporation and government subdivision of the state of Idaho. organized and existing by virtue of law of the State of Idaho. whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 ''DEVELOPERu: means and refers to White Leasure Development Company, whose address is 416 South 8- Street. Suite 200, Boise, Idaho 83702. tho party developing said ''Property'' and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "OWNERtl: means and refers to William and Mary Howell. whose address is 497 White Cloud Drive. Boise. Idaho 83709. the party owning said "Property" being dcweloped and shall include any subsequent owner(s)/developer(s) of the "Property". 3.4 "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 describing the parcels to be annexed and zoned C-G (General Retail and Service Commercial) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMI'ITED BY TIUS 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 Seedon 11-7-2 (C) which are herein specified. Wi follows: Ann,%lJtion and 1'8-%0118 oj 9.08 acres from C-2 (Ada Counq) to C..G (General R,taU tmtl Seniee Commetcilll) with a coneeptual commercial,ubdM,ion within the Meridian entrywQ,)' corridor desiglUltion. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AOromMBNT (AZo04.031) MBRlDIAN OATBWAY -Page 3 of~ S. CONDITIONS GOVERNING ANNEXATION AND RE-ZONING OF SUBJECT PROPERTY, B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. The legal description submitted with the application meets the requirement of the City of Meridian and State Tax Conunission and places tbe parcel contiguous to existing OilY limits. 2. The subject property is within the Urban Service Planning Area. Essential City services can be made available to the subject property. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517. when services are available from the City of Meridian. Wells may be used for non..oomestic purposes such as landscape irrigation. 4. All irrigation ditches, laterals or canals, exclusive of natural waterways. intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate inigalion/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained. plllIls will be reviewed and approved by the ~dian City Engineer prior to final plat signature. S. All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit p~ess. 6. Prior to the issuance of IlIlY building permit on the subject property, all existing uses shall be properly abandoned or brought into t;;ompllance with the Meridian City Code, Meridian Fare Department. and subject to the Conditions of ACHD and ITD. 7. The applicant shall comply with the conditions and comments of all City Departments. and other agencies. 8. The applicant shall coordinate the location and design of trash dumpster(s) with the Sanitary Services Company (SSe) staff. Trash enclosures must be built in the location and to the size approved by sse. AIl dumpster(s) must be screened in accordance with MCC 1l..12-1.C. Contact Bill, Gregory at SSC (888~3999) for detailed review of your proposal and submit 5tamped DBVELOPMENT AOREBMENT (AZ-04.o31) MERIDIAN OATEW A Y - Pago 4 of 12hl (approved) plans with your certificate of zoning compliance application. 9. No building or other structure shall be eteCted. moved, added to or 8tn1ct\.ll'8l1y altered, nor shall any building 8tnlCtW'e or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1. 10. All required improvemenw must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the fonn of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including a paving, striping. landscaping, and inigmon). A . bid must accompany any request for tcmponu:y occupancy. Any temporary occupancy will not exceed 60 days to complete tho required improvements. II. H construction has not begun within 18 months of City Council approval, a now conditional use pennit must obtained prior to the start of development. 12. OUtside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the B(ljolning roadways and properties. in accordance with City Ordinance Section 11-13-4.C. 13. A drainage plan designed by a State ofIdaho licensed architect or engineeris required and shall be submitted by the CityBngineer (Ord. 557,lO-I-91)for all off-street parking areas. Stann water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Stonn Water Best Manaacment Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant Is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow I:r\iection Wells. 14. All signage shall be in accordance with tho standards set fonh in Section 11- 14 of the City Zoning and Development Ordinance. 15. All construction shall confonn to the requirements of the Americans with Disabilities Act. 16. Applicant's (or successor's) failure to comply with any of the tenns of approval of the conditional use pemtit shall be cause for revocation of the conditional use permit. ' DEVELOPMENT A~ (AZ-Q4-031) MBRlDIAN OATSWAY - PlIP 5 of l~ C. Comply with all the conditions in the corresponding applications in this matter. Request for Annexation and ZOning, AZ-04..o31 and any future Conditional Use Pemrit requirements. D. Adopt the action of the City Council taken at their February 1,2005 meeting 1I8 follows: _ For clarification: 1. All funue uses on proposed lots or parcels within the annexation area shall b10 approved through tho Conditional Use Permit process. 2. Prior to the issuance of any building permit on the subject property. all existing uses shall be properly abandoned or brought into compliance with the Meridian City Code, Meridian Fire Department, and subject to the Conditions of ACHD and rID. 7. COMPLIANCEPEBIODI CONSENT TO REZONE: This Agteement and the commitments contained herein shall be terminated. and the zoning designation reversed, upon a default of the "Owner" andlor "Developer" or "Owner>) and/or "Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject IIProperty" 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.e. 167-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-oANNEXATION AND REVERSAL OF ZONING DESIGNATION: "OWner" and/or HDeveloper" consent upon default to the de-annexation andlor a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to.wlt: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" andlor '~eveloper" and if the "Owner" andIor"Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner" and/or "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Bngineer' 8 inspections and written approval of such COlnpleted improvements or portion thereof in accordance with the tenus and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: DEVELOPMENT AGRBBMBNT (AZ-04.031) MERIDIAN GATBW AY. - Page 6 of .u~ 10.1 In the event "Owner" and/or "Developer", "Owner" and/or ''Developer' 8" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "P.ropetty" . 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 tennimued by the "Citt' upon compliance with the ICquirements of the Zoning Ordinance. 10.2 A waiver by ClCity" of any default by ''Owner'' and/or "Developer" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights 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. memorandum of this Agrccmcnt or this Agreement, including all of the Exhibits. at "Developer's" cost. and submit pIQOf of such recording to "Owner" andlor "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the ''Oty'' 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 eithot "City" or '"Owner" and/or ''Developer''. or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by BIl appropriate action at law 01' in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement. the parties agree that "City" and "Owner" and/or "Developer" shall have thirty (30) days after delivery of notice of said breach to C()1'l'CCl the same prior to the non-bteaching pany's seeking of any remedy provided for hereinj provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period. jf the defaulting party 5hall commence to cure the same within such thirty DBvm.GPMBNT AGREBMBNT (AZ-04-031) MBRIDlAN GAraWAY - Page 7 of 12.~ (30) day period and thereafter shall prosecute the curing of same with diliJence and continuity. then the time allowed to cure such failure may be extended for sucb period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the pedormance of any covenant to be perfomed hereunder by either "Owner" and/or '1>eveloper" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance. which shall include. without limitation. acts of civil disobedience, strike.s or similar causes. the time for such performance shall be extended by the amouIlt of time of such delay. 14. SURETY OF PERFORMANCE: The ''City'' may also require surety bonds, ~vocahle letters of credit. cash deposits. certified check or negotiable bonds. as allowed under Meridian City Code 012-5-3. to ins\1te that installation of the improvements, which the "Owner" and/or "Developer" agrees to provide. if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner" and/or ''Developer'' agrees that no Certificates of Occupancy Will be issued until all improvements are completed. unless the "City" and "Owner" and/or "Developer" have entered into an addendUm agreement Iltaring when the improvements will be completed in a phased developed: and in any event, no Certificates of Occupancy shall be issued in any phase in whioh the improvements have not been installed, completed. and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and/or "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de~annexation if the owner or his assigns. heirs. or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement. and the Ordinances of the City of Meridian. 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 orcenified mail, postage prepaid, return receipt requested. addressed as follows: CITY: DEVELOPER: 010 City Engineer City of Meridian White Leasure Development Company 416 S. 8111 Street. Suite 200 DBVELOPMENT AGREEMENT (AZ.Q4-031) MERIDIAN OATBWAY,-Pago 8 of ~ 33 B. Idaho Ave. Meridian. ID 83642 Boise, Idaho 83702 OWNER: with copy to; Cit)' Clerk City of Meridian 33 B. Idaho Ave. Meridian. lD 83642 William and Mary Howell 497 White Cloud Drive Boise. Idaho 83709 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 rcquiJements of this section. 18. A11'ORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted. to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision Bhall be deemed to be a separate contract between the parties and shall survive 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 perfonn 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 SUCCESSORSr This Agreement shall be binding upon and inure to the benefit of the parties. respective heirs. Swx;e&SOIlil, assigns and personal representatives, inoluding "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" and/or "Developer" of the "PropertY', each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sate or alienation of the nProperty". 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 benefited and bowd by the CQnditions and restrictions herein expre&seci. If(:ity" agrees, upon written request of "Owner" andlor "Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City". in its sole DEVELOPMENT AGREEMENT (AZ-()4.031) MERIDIAN GATEWAY -Pqe 9 of 12~ and reasonable discretion, had detennined that f~' and/or f'Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: H 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" and/or "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" and lor f'Developet" and "City". other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendm~t, 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 andIorconditions 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 andlor amendment in fo~ at the time of the propoaed amendment. 23. EFFECl'1VE DATE OF AGREEMENT: This Agreement shall be effective on tho date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zonin! of the uProperty" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOf. the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER: BY:~Comp"y DBVBLOPMBNT AGREEMENT (AZ-04-031) MBRlDlAN GATEWAY... Page 10 of W2 OWNERS: BY: /J~{~- ~ ~ William HoweD BY: 1Jq~~td..l MlU')' w 1 CITY OF MERIDIAN ATI'EST: II ,B:Y~.. ,,\ ,""'\ '*' "'cl'~ ~ ~ f ~ ~~,."ac., c;h;C,~fn'I'(fe,.Ar ~.,u;,~ ?-J-'S-- William O. Berg, Jr. City Clerk STATE OP IDAHO ) : HS COUNTY OF ADA ) , in the year 2005, hefOIC me, a . known or identified to "'l~ J :t1t~J.; ~ No~PUblic~rumho Residing at: ~O ICJ , DBVBLOPMBNT AGImEMENT (AZ-04-031) MBRIDIAN GATSWAY -Page 11 of ~ Commission expires; -Jd ..( i ~ olP STATE OF IDAHO ) : 8S COUNTY OF ADA ) On this ~ day of ~ ,in the year 2005, before me, a Notary Public, personally appeared and MARY HOWELL, husband and wife. known or identified to me to be the persons who executed the instrument and acknowledged to me that they having executed the same. ~E )NANCYTHRONGARD NOTARY PUBLIC STATE OF IDAHO 9- STATE OF IDAHO ) : 88 County of Ada ) S'1rA,.",..Ju~/<. . t+~ ~ ) On this (p day of 101.' " . in the year 2005, before me, a Notary Public, personally appeared T~~ ~er;'and William O. Berg, Jr., known or identified to me to be the and Clerk, respectively, of the City of Meridian, who executed the instrumont the person that executed. the instrument of behalf of said City, and acknowledged to me t t 8ucb City executed the same. (SEAL) ~C(/Wt1t.~ prNltle~ ~.I.'''b'''j SMI'l'J/'### ~"'. ...... '''",..,. ~ ~~&Y ;; " .. ~ ./to , c.. ~ a \'. .... oa 0; .,~" #./ \, .. p", ~"' \.'fI .........,. ~ .l #."ofl'A.l')!. \)~.~....~ ................. DBVBLOPMENT AGliBEMBNT (AZ-03.027) PAGE 12. OF ~ EXjIIIlJT A Legal DesmptloD ~Ian. Gateway ~M-G31 Roylance & AssoC1ates P.A. lIII W,lIIIII...... e."lrlII>>l381r ... ~ - $uMl)'Ill&- UrqlIsmn 'feIIPln_-- PM_1HlSI Duelle"'.2004 PIvjcl;I Numb;r 2ffiO 1.cpI~ . WJ\~PcwlDpmcM~ AnncllM ,.,. IIDB Aaa A.. rllulllliI*dln II1II NarlIIeat 0lIl Quaw ofU.NIlflhcastOnl Quwr of Sccllon 24. TowndtIp 3 NonI" bIp I WcII.1IoIc MIr\dIID\ Mt Courq, JdII-. dllIl;c\bed.1'GIloM; ~ III h ScctioIt 0uIIIIr1llllllllMlllln lho......... CllmllfollJ1c:llettlllQ U _de POINT OF BeDIOflNO. "I1leDco fDIIowIq dlIlIlIIIMdy line oIl11d Socdc. 24 IIId dI; conlaI... of WllIl ovcrlillll Raod, HDnII.....4S'.w... *-ofS25JlO rcct 10 apgblt , 1blRro 1raYinf.1IlId IIlIIb;dJ IiI10 IIld lbl:0CftIIlIl1ne ar~ 0wcdIIId kDad. SoIIlh 00"3T36"' Well. GlIUMC of7s.t50 bt.. JIlIlaU.IIIi 1M IlIIIIhoIIy IIna of BII-. hbdi....OII, . -*d """ em n~ 10"63 olPIMs. ...6WlIftlI6JlM, RtcoIdIoI MaPJunly.la.ho; 'I1aIco follvwll1J 1Ild1lOl1llody llna SciWl89"046'4S" Ilull dlUcc ot525.C1O fccIlO. poina on the ClIIlMIy IiIlo 01 AN SOttkIn 24 _tho ~1Ilc 01 SClIlIb MerIdIan Rood; 11AcO tcavlD, SlId IIlIIlhal1llllllll1ll foIlD'Nlllllhs tISlOdy Jino or Sldon 24lllld Ihc ClCI1IClfino of lSOIO Ma\dUIn .... NlIdb 00".)7'36" 11M I dwara at 7"SJ (c:& 10 1110 POINT OP BEGINNING. '11Ie ~'bcd lnIi:t et /eM COIdalns Pm acm. II'lOftI Of ...1IIllIett 10 ell..... cucmtS\lJ lllId ~.wal', J>rcpnt 8y. \'0 -'$-04, 1l,~WlooII.~.~-- Exhibit B ..~_" ,. . .,t AImuatIoD ad Zoning Andy...,...... ~dInp . , Mer1dllD Ga_., '--. . .~.Az-0.t-031) .- ~TlON & ZONING ~ALl81S Seation SQ..222. Idaho 0Ide. allaws ald91 of the State of (dAhn to annex lands which are reA4t\nAhlv ftfWWllllrv to ._IM the orderlY develonment of the city iq. "mer to allow di9ilPt I:I\d economiaallv viable nrovisianl of tu.-suDDOJ:ted and &e-sqpoorted JJ1UIIl.aIpaI RerVical. to enable the orderly deve1QpDeDt of mv. landa which benefit fiom the eost-effectlve avaftablli\y of munictoal aervlcII In urbanizing areas and to eaoltably allocate the coBIa of oublic serviClll in nunaement of deve1QplJlent on the urban fringe. The subject lII'II'1l!OOation complies with the provisions for annexation esteb118hed In Scc;:don So-222, ldBho Co" Tho subjeut IDDoxation II eligible Cor, and is boiQs procossod in coMpliance with the eateaory UB" annexation requirementa estdtllsbed In Section S()"222, Idaho Codo. Aocordlag to Ordinance 11..15911, Oeo.eraI Staocbtrds Applicable to Zoning Amendments, both the Plannina and Zoning Commle8lon and City Cowicil ere required "'0""'''' tIN partJcular /acI8 and clrcum&ttmt:U ofetd prtJPfJIed zoning QllWU/mw In IM'm8 oJ th following ,{lJlldart!a tmd shall'find ~ ~'n" an.rwering the , ,Mlawl1w fUUllons aboul 1M proj:HJsd zonlng~. u - Thtl/Ollowlng 18 Ib, lJ$1 o/,tImIlvd8/ound In iIl",dlGn CI(J1 Cod, 1 }915-11 and flMIys/6 by Ittd/: ' AA. WW the 1MW zoning be barDlODlGuI with ad In SUOnlaD" with the CompnaheDaive PlaD ud, Jf GOt, bas then beeu an .ppDeaUoa for a ComprehillslYI PlaJlaJUDdment; Tho 2002 Comprehensive Plan Future Land Use Map designateS the subject . property as tlCommerolal". In Chaptlll' W of tho Compreheoaiva PllU1, "Commercial" areas In anticipated to proviclo a fbll range of commmoial IlIld retail 10 auve area fIlSidenta and visitors. U.. may include (ctail, wholesale, service and of6c:o uses, multi-family ,rcaldentll1, .. well as appropriate pubUo usc:s sucb as aoverormmt offices. Staff findI that &bo reqllBSted CO zoning generally collforma to this stated plUpOse and intent olthe Commercle1 designation. , Staff finds the fbllowlna Goals, ObJeWves, .nO Aotion items gQD.tained in the 2001 Cornprd1enalve Plan to be applicable to tbls application (8141/ tDUJ/pt. t. ," ludlcr below policy); . "Restrict curb c:utB and acces. poiots on (lOllectors and arterial streets." (Chapter VD, OoallV, Objective Dt Action item 2) . 17I6lddM 1'ran.rpDr/dtion Department (lTD) '"" Q pollq Jor accmlo Q Type IY Prlnclptll ArIIrlaI will be IIllntsl'8lC11tm8 onU, and 8JX1ced a' onl?lutl/ mile lnIsrvab In UI'ban 1I1'Ifl8.17D allows ap~ (other lhan inlersecdclffJJ) In special QQStII and on a ttmporary balLt. SttfIlftnd8 that the proposed acceas pOinta to KruuW./,ridIan Rotul (SH 69) and OwuUmd Road shaN be subject to ,'', 10CtI1lon rBtJulrBmBJIU ofITD and A.CHD rwpICIlWlIy. In complia1tCl with the Meridian ComprehlnslvB Pkm no CNI"b Cilia ,hall be a/lowed Dn Kuna-Meridkm RtJtld (SH 69). . "Require appropriate 1ll1dseape and buffaa alona transportation conidol8 (setback, vegetatlODt low walls, benns. .)." (Chapter VII, Goal IV, Objective D. Action item 4) 1M Applictml hIJ6 not addrusBd 'andst:dplng a4}ac,nl to the wtlng usu tJuJl a,e 10 remain on-sIlt. l7D lull " policylhallll Jilture right of way width (1n KUlld-'M,rldkIn Road wUl be J 2().feet em <<ICh ,Ide ojthecenterltne (240 /UJ IOklOfor bulldhw setbel. and to InoIuds afrdnt. ro4d; or. 70-/ut 'Ilch ala 0/ unlSl'llM (J40fMt total) If'u d'NltJpM' provldu an inNrnal frontag, road 0fM IJU/em tofuder f'OtlIb. 7ft. g,neral rsqulremen!& of lTD would not II. In complkuu:e with the talattng rue ami would requlre complltmCd upcm approval qf II detailed ,lIB pIim 4nd1or subdivision and/or conditional III' pcmlllll8uanc.. Slq/fflndl dud tha ui8tblr buJldhtg HtbGt:/a, IdIldlcsJM inadequacies. and lb. potentialfor rlght-o.fwtIJI acquJ.slllon clWll, a untqu, IltuDlIonjor th, alte. In order to mitigate anticipated problems a develtJpmsm D8reement will be required. . "Permit new. , .colDDlCRial devolopn1.ent only when urban services can be reasonably provided at the time of final IppR)va1 and development is contiguous to tho City," (Chapter IV. Goal L ObjeW.VCl A, Aotion item 6) 77re Merk/JaIJ Fire. ~t Iuu not ,ubmlttsd written CDmmsnlS for thls site tu th, pItIns auhnUlted hied 011. t:tIlIDeJ1tual "MII USif on.(y. One of the comment.J rBCBtv.d from the Fire DtIptIrlm6111 sta1e8 that the ""tlng conwnie"" slore has 18WTQlltf1m8 of CfJ1II.NJ1It that would require complitu1C8 upon apjJrowtl qf Q d,toJl8d ,Ite plan twlIor lubdlvl8lon and/or condl#o1Ull us, pun,;I imlartCfl. 1/u! $ubj~ IltB 16 rstuJlly HTVIC<<JbIB by CI~ of M6I'1d1an '"anltary sewer and wat". ,ystlmS. . "Locate new community oommercial IlIU OD arterials or collectolll near residential areas in such a way u to oomplement with adjoining residenUal areas." (Chapter VII, Goal I. Obj sctivo B. Action item S) 771, subject JH'fJP1TIy lull fronlags on bDtIt an arterial roatiwtJ.,. Ktma- MukItan RtHUl. and a col/scltJr fQQdway. Overland Rofld. The exlsdng wu tu/!aCMI to thll IIIB have not ~t daw1lopsd to the expected ,.identw.l d'lI8lllu or CtmunudtIl uta anllcipated In 16, Comprshelfllvs Plan. B<<:tIUlt1 tIJ. adjolnl", proputta "" ,'Ul,omewhal rural In ruzture. thB dsvtlopnuml of ntall US" (U de8crlbed iIItle CDncsptual p/Iua IIUJy c:ompl,ment th, mating UlU. Deperu:/lng on Iww 1M real of 1M 8", buiJds.out, lhLf development may or may not compliment adjoining r~td'nllal d6veJopmenl8 10 th, south and waf althe alts. . "Plan (0( a variety of gommoreial and retlil opportunities within the Impact Area!' (Chapter VB, Goal!. Objective B) The profJD6ed and ""l1ng ilia do pTUIIUh a WII1ety of commercial U8U In IlII.J QT., '" envl8ioned with Ih, Comprehlllltvs Plan. . ltRequlte 811 coDlDleroial buainessea to iDstall and maintain landsceping.tt (Chaptar V. Goal m. Objecti-ve D. Action itan S) 17te Appllcanl baa not trtIdtw,ed the nqulremenl to '''''tin I,,,,dscaplng adjQQBhl10 lhe ""ling cotnl7lS1'dm "'18 thai a,., to remain on-.flts, Stqff has conditioned that 1M TBtJuJred setba. for Ltmdscaplng and BuJIdihgl bs I",talled If'OII ~ of a detailed ~ pro]108tZ/ tmd prit:n' to wfIQIICI of any buIldIng~rnUt6 10 facilitate the Enll'ywa)' Corridor compf6lkwlvs loa/. tile cmIicIpeUsd rrJfIdway ~ht8 of ITD and ACHD. Ih, M,rldlem FIN D"lfJcI, and Ills City of M"kllan Zoning Coda. . ttOn-atreet bikeways should be incorporated OIl all futuro Collector slre8ta." (Chapter VI, Pigure VI-5) FIgure Yl-S on JHI8B $1 0/ the CQmprelJsn3w. Plan designates a biJcsway on both Overltuul Road and /CuntI-Msrid/.an RMuJ adJlICMt to the ,u.. 71Ie Appllcanl htu ItDI adtlrtu8ed ,Its I.rnl6I ofblktJwrJys tuljGCB1l' 10 the nl~. SttJffu recommending thaI tit, ApplttxIIU work wUh dCHD to provide Q bike laM on OWIrland Road. but Mt Ktlllll-Merldkm ROIld. SBCd,. the po$ted Ilpsed limit on Kuna-Me.ridUm RrHId 16 55 MPH. ~tq{f Jou nol belWve that a blMway lhould" required. . '"Consider uAccommodating Bicycle and Pedcsmll4 Travel: A R.oeommended Approacht' from the National Ccntet for BioyClling and WllIcing in a1l1and use declsions." (Chapter VI, Goal ll. Objective A. Action item 3) Thl.r public4JwlI em:ouragu juriadlclion8 10 establish btksway and walkway facUlties hi II4tW coulruCl;on and racolf8lrudum pft)jecf,Q. in (I manner Willi 4t1/s. aCC&Uibl, and coln'fnlent. The tktal/H .nIB plan mllll addren thuI 18'11/!8. . B. It .... area Included III dae ZODIDI ameD4meDt lDteaded to be rezoDecllD tbe f1llure; Staff does not antiotpatc that the Applicant intends to rezone the subject property in the futum. C. II the area b1cluded ill tile zoaIn& lmendJneJlt Intended to be developed III the fashion that would be allowed uDder dae Dew ._. - for example. B residential area turDIag IIlto eommenlal area by means of coDdltlonalll.' permlu; Convenienco stores require conditional U88 permJt approval ill the C-G zone. Residential uses are problbltcd in the c-o zono. The cxiltil1l Junkyard business i8 not allowed in a c.a :wn. and would be required to ooDfonn 10 tho submitted collCeptU81 plan and cease operadOD. The purpose of tho C-O District is to provide for coDUDa'CiaJ uoa. wbich are customarily operated entirely or almost entirely within a bulldlDg (MCC 11..1~2.K). Staff finds that the propoaed convonicnoo store and the exial:ias Junkyard. are nol prinoipally permitted uses In the CoO zone. The c:onvenienee staR would require separate C011cUtional use approval. The exiBtiaajunkyud i8 prohibited and doea not confona 10 the pl'Opolltld zoning. D. Ku then be. a chanae in the ar. or adjaceat anat whlcl1 may dictate that tbe Irea Ilbould be rezoned. For txamJtlt.1uwe lb, ItreeU beea widened, new railroad acau been developed or pIuuaed or adJaceat area being developed In I. fashion eJmUar to the proposed rezone 8""; Southern Sprinp Subdivisions 1..3 hive noent1y been annexed and developed with commeroia11and. USOII in this area. 'I'1tn are sevccal developmcn18 in the area that have dovoloped In a fashion uilar to tho proposed ftlZOnc aroa. KwlaaMeridian Road was n:ceatJy widened in tbie area by lTD. Overland Road is saheduled by ACHD fur Quprovelnfllts in thu current Five Year Work Program or ClP. The interaection ofOvcdlDd RoadlKuaa-MeridilD Road is a signalized intene<<ion with directiODBJ. traffic beiDa controlled. The Commission and Council should roly on tho pntCCdinC faots and aD)' publlo testimony to determine wbether the chanps In the area dictate that this area. should be annexed into the City and zoned C-G at this time. E. ww the pl'Gposed uses be desiga..d, eonatnacted. operated aDd malDtaiDecl to be harmonJoUllDd appropriate .ID appearance wltb tbe exIIdq or illteDded cbaracter of tile leaeral vIebdty aDd that .1IGh UIe will Dot change tile ISlIAtlaI character of the laDle area; Staff finds that the plQpOS8d c..o ~ with the propoacd retail usee if dosisned, constructed 8nd operated in accordanee with adopted city ordinances, should be humonious and appropriate in appcanIQCG with the intended character of the vicinity. The .ite is mteJ1cled to be utilizocl for commercial usea which, based on the Comprehensivo PlIO description, win Juwe such U80I as retail, wholetlalo. 8etVioo and offico U8OS, multi..fiuni1y residential, 88 well as appropriate public uses such aa govomment offtcca. The existiqllSe8 do not oonform to the harmonious and appropriate appearance of the existing galClral vicinity and would be required upon redevelopment to confonn to tht.se psud policies. F. WID th. proposed. uses Bot be hazardou. 01' dllturbln, to existing Or future lteJpboriDg utes; Tho existing UHI on the aite are hazardous to neighborins USfJi. Acoessory to the existing buaineasea, there are chemicals, gasoline. and assorted automobile wutea stoNd 00 tbi. aite. Appmprlata buf&n should be required on the north and east boundariClS of tbis devolopmen~ as the abutting uses an less--intense than the proposed aad oxistIns uses (see MCC 12..13.12-4).111, Commlsalon and Counoil should rely on public tusdmony to detetntine whether the proposed uses win be disturbing or h8Z8ldoUl to tho neigb.boring U8OB. Go WiD the area be Hrved adequately by .ueatial ,.bUe fadUtfes BDd servlees such as hlalawAJI, Itreets, poUce aud Ore preteetloD, drainage structures, refuse dllpotaJ. water, HWet" or that lb. periOD rUpoIIIlbl. fo.. the "tabJllhmlDt of proPOIed ZOlllDg ameadmeDt ...... be able to provide adequately qy of aueJa .en1celi Staff finds that the recent roadway impro~ta to Kuna-Mcridian Road (sn 69) Ibould bo adequate to serve this pmjeet for tho short term. Howovet, ITD bu indlcated that SH tit is not coastructed to its \lltimato section and wi1l need to bo widened apin in the fbIuro. Based on recent oorresponc1ences, ITD needs additional righl-o~way and/or a ftontap road adjacent toIthroush this property. Improvemonts to Ovcdand .Road in this area ba" not taken place in the teeent pasl, and altOClpt for the signalization at SH 69, lmprovem.ente lUll anticipated within the neu 20 years. Based on past ClOIreIpOJldenco with ACHD, Planning staffbdlevea that this sile will add a slpificant amount of traffic to the roadway system upon buOd out. This site has over 500 foc:t of frontage on OverJand Road. Sased aD :Ntum development appUeationB staff is lllOaItittODiDg that d10 Applicant enter Into I development agreement with the City to roc).\lire improvements (landsoaping. sidewalk. bike lane, road wideoin& turil-lane, etc.) to Overland Road, subjeet to ACHD requirements. with sitHpecifie standards conditions to be RIM jq. acx:otdenco with epprovaI oftbe subject development. On December 3, 2004, B joint qency/department comments meeting was held with representatives of key service providm to th.t8 property. The Meridian Fire Departmcmt bas c:oncems with servicoability of this site. 88 it contains several non..confonniug U8e11hat do IlOt meet standards for service. Becauso the applicant bas not idemtitied.alI fiatunl buildings within this development. such bUildinp will be subject to further review 8nd comments by Meridian Fire Department. The Commission and COUDCJl should refcnnce any writtal or verbal testimoay submitted by the Meridian Police Departm~ and any other agency not listed above, reprding their ability to adequately service thia project Staff finds that the property proposed fot annlWdioo can be served adequatoly by all essential public facjUtiea and III'Yicos as conditioned. B. Will not: ereate ex_dw additional nquinlMDtI at pubUe coat 'or pubUe faclUUes and. 8uv1oea .... will Dot be ctetrinaeDtaI to the economic welfare Df tile CODIDUIDlty; If this BDDOXatiOl]/dovclopment ie appro~ the developer will bo finanoing the extension of s.wer. water. loca1lintemal street infrastructure. utilities aad inipdon servlcu to serve the projeot. The primary pubHc costs to serve the future site will be fire and polioo leMce8. Staff finda that this development will not OAUSO exC088ivo additional requiftlmentB . public cost. L WID the propaled Ules BOt involve _.., aetiYlIIe8, pro,*HI'~ materia'" equlpm_t aad COIIdItloDI of operation that wW be detrimental to any pll'lODl~ pI'OpOI'tJ or die geaeral welfare by reasoR of exeeaslve production of ....me. noJse, lmake, fumea, alAre or odOnl; Staft' find. that tho CObVeDience store uses Involve utMtios, processes, material~ equipment or oonditioDs that could prod\aQo excessive traffio, noise, fumes and/or odors, as well as other DOptive public impacta. A k~ question that should be diactlillllM at tltl!I DUbUc hearirUl is whether the ;9Ml wiD be "ex.........'ve." MCC 11..12-2 and 11-12-3 .... intonded to mitipte impacta. of spcolalllSClS such B8 flro hazards. bulk storap. noises. In the Applloaut'. letter, they do not addresa tho conveoionce storo. CondilloDB ..MKliated with a CUP and/or Development Asreemeat could establiah use parameters that would prevent detrimental effects. 111 orqf!![ to establish RIlidel_ to mithrate the anticiD8ted detrimental asnecta of the plQp05Cd an4 Il!ijldlnll uses the Annlicant should oWifv the DlYJDOsed uses durin, the puhlia bean112. J. WID tile 81'ea have vehkqlar appnachel to the property whleh shaD be .0 desipecl .. Dot to ereate aD IIlterfereD.ce with trafBa on 'DrroundiD& pablle atreets; Staff flnda that lIlY ft1ture U88I mIX impact tho love1 and flow of traffic on the 8uuoundiDs roadways. Chapter VII of the ComptdtODSivo Plan states Ibat the City ahould c.Reslrict curb ClOts and access points .on eoIlectotllUld arterial Bb'eeta." (Chapter VD, OoallV~ Objective D, AoUon item 2). ACHD has not ovaluted the propoaed acceas to this site wm Overland ~ while rm has juriscliodon over acceu to Kuna,..Meridian Road (8H 69). The tTD and ACHD reports for future site projects should provide additiolUtl infonnatioD regarding this portion oftbis finding. StafffocJJ that thoaccossca will be adequately addressed by fUture applications. lTD baa iIldicated to the City tho policy for acoeas to a Type N Principal Arterial (58 69) win be at JntorsectiOQ only, and spaced at oae-half mile intervals in Dan 1I'IIlI. ITD allows approaches (other than intet&eotions) in special cases and on .'BmJlDfIUY basia (see letter from rID). rrot. polley OD approaches lessens the ability of driveways to creato interfeceo.ca on the madwaya. Staft'finds that no curb O\lts or aooasa to Kuna..Metidia4 Road shall be taken from this sito upon doveJopmCll1t. K. WiD Dot result 1D the destruction, lOll or damage of a Batunt or .eenlc feature of major ImportaDee; ad Staff'i8 not awin of any Datural or scenic featurc(s) that would be lost, damaged or destroyed by allowing this site to be annexed. zoned rmd developed with commeteial uaea. Any existing uees larger than 4" caliper that are removed. shall be mitigated fort per the Landscape Ordinaneo. Future development shan be In compliance with the Sceuic and Historical Byway goals and policies. L. Is the proposed zo...... ameDdment In die best fntereat of the City 01 MerldlaD. (Ord. 592,11..17..1992)" Stslf jUuJ8 tJuu lh4 CU'IIU1XtIItDn and zomng of th18 property tIS mltlgaled through a dBw/opmat "",erne'" maJ' be In the but Inlsrut of III, Olj for 1M following 1YIQ3ons: . the developments in the area have developed In a fashion similar to Ihe plOp08tlld I1lIOfte area (commeroial)j · municipall8Dillly sewer and water 8)I8tem8 are ~ny available to provide service; · the proposed rotail &tore8 Q80 may inwlve ICtivitiCIJ. proce8Se&, matetiw, cquiplllQ1t and/or coadltlons that wiU pmduco additional traffic, noise, fumes and/or odora, as woU as other ucptiva publio impaQts that can be mitipted rhroush development of tho Bite; . the existing uses tlut.t are to remain, signagu, landscaping, publio inh&tructw'e (.ldewa1k,. bike lanes), scremiq, drive-aisles, or parkins, are to be brought into complianco with curreitt City Code upon development of tho site; . tho existing buildiaa setbacka, landscaping, end lack of a &00. road or accountins for addltlonal risbt-of-way on Kuoa..Maidian Road does not meet polloiea outlined in the Comprehensivo P1ao and Meridian City Code and would be required prior to redevelopment of tile site; .. · Mr. HoweD bas the following violation. of Ada County Code, Title 8 existing OD his property that will be mitigated throu&b redevelopment of the .ite: · AcconIing to th, Ada CounO' 0Jde EIt/"orc8ment DJftcer. MI'. HOWlll/uu a non-psrmlttBd Junkydtd. .At tAt. PTeHIIIIW wlthouI havlng QIl tlJ1}1mved detailed 31te plait, th, tINtI wII,,., thB ed8l1ngJtmk QU/omobllN are being displayed Is In violdtion of Ada COUllo/ CoM. ANNEXATION AND ZONING COMMRN1'J 1. The I. descriptiOD submitted with the application meets the requirements of the City of Meridian and State Tax Commission and pIReS the puce] contiguous. to existina city Umita. 2. The subj= property is within the Urban Service Planning Area. Essential City setYices OlD be JUde available to the subject propcny. 3. All future development on said property eball oomply with the City of Meridian ordineneee in effect at tho thno of applkation. 4. Any existing domestic wolle aad/or septic systeme within this projcet win have fa be removed from. their domuda service. per City OnUnance Section $-'-SI'. when servIces are avaUable :&vm. tho City of Moridian. Welte may be wed for non- domestic pw.poacs wch a$ landscape irrigation. S. Prior to tho annuation ordinance approval. a Deve.!OpmCllt Agreement (DA) shall be entered into between tha City of Mcri_ property owner (at the time of antllWltion ordinance adoption). and tho developer. The applicaat BbaU contKt the City Attorney, Bill Nary, at 888-4433 to initiate this procoas__The DA shaD inOOl'pOratB the following: · AU futuro uses on proposed lots Ot pan:els within the annexation area sNdl be approved through the Conditional Use PcrmJt pntoc88. · Prior to illlUlDCO of any building plnlit on the subject property. all existi.n& uses IbaII be properly abandoned or brought into compliance with the Meridian City Code, Meridian Fire Department. and subject to tho conditiolll of ACHD and ITD. MElUDIAN FIRE DEPARTMENT CONomQNS (AZ-04-O~.l , or The Meridilll Pin Department bas not plUvided wrilMn testimony tbr tho annexation. The tJro ageacy has indicated to staff during the agency COmments meeting that thO)' would be requirina compliance upOn redevelopment of the site. In partiouJar, they noted thlJ tb1Iowinl4l*ifio COm:ems: · 'The undorsround storage tanks for the convenience 5toJoo shall be verified as resistered with the Depll'bnont of Environrqental Quality · Tho tank located at the ri.ght of way between Overland Road and Kuna.Meridian Road (SH 69) shall be relocated to an appropriate 10000on. · An flammable fluids contaiaed in tho junkyard shaJl be disclosed and/or stored in an appropriate and dofined location. · The remediation of any guolfne spiUs sbaJl bo VOlined 88 clean Of in progress of being remediated. EXHIBIT C Preliminary Plat ,III 'OI:lV(1I N'llaQ;l3W ',soYo"iirot\i't.lIa:a~ VONVl>>3^O: DDl fJJ&lJ I f ~ 'l jl~ ~ IJP Nt,'fJj},fJi}I~J~Ta~w .~ Mi~m 1';',<<1 ~dl !L ",Il.! f;(i'l. iin" ,. ~IJ,III ~ iH fUll f'.! nU., IIP-!hl if Iii! ~.llJll: ,1!P i J ... ~=' .f-t.111 t~I';II;.h-lIi ';1 J i I: HI", , m ~;~,~'~!lr!'''~f~!t 1 ~ l ~. ;i1d.hU ill .....-' . .' '. f'~"'" 3. ~ ! P; II . . .:;:'~1,- t/ .' ~ J ~ , ~:- J .'~~. fl- . . .' l;r~tt' ,lJ;1 . : . Iri!f li1i',d '~Ii~; . I' .~...tflftl ~ lhill :JHl!iljmM "".,..Ii"", ~,.Jt.'OlI- ,..