Wal-Mart AZ 99-012"ADA COUNTY RECORDER
J. OAVlD NAVARRO
BO!SF., IDAHO
ZOOO NO -2 PH I: 37
FEE ~ DEPUTY~
100088q07
DEVELOPMENT AGREEMENT
01-31-00
PARTIES: 1.
2.
City o£ Meridian
Developers Diversified Realty Corporation. developer, for
(AZ-99-012) and (RZ-99-007)
Terrace Lawn Memorial Gardens, Inc., an lduho corporation,
owner, for (AZ-99-012)
Hermes Associates, LTD, a Utah Limited Partnership, owner,
(RZ-99-007)
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this ZI'~' day of/04a.,tc.g~ , 2000, by and between CITY OF
MERIDIAN, a municipal corporation of the State of Idaho, hereafter called
"CITY', and DEVELOPERS DIV£RSIFIED REALTY CORPORATION,
"DEVELOPER" whose address is 3300 Enterprise Parkway, Beachwood, Ohio
44122, and HERMES ASSOCIATES, LTD, A UTAH LIMITED PARTNERSHIP,
'OWNER' whose address is c/o Developers Diversified Realty Corporation, 3300
Enterprise Parkway, Beachwood, Ohio 44122, and TERRACE LAWN
MEMORIAL GARDENS, INC., "OWNER' whose address is 1200 N. Cloverdale
Road, Boise, Idaho.
I ~' RECITALS:
1.1
WHEREAS. 'Terrace Lawn Memorial Gardens, lnc.' and
"Developers Diversified Realty Corporation' arc the owners, in law
and/or equity, of certain tract of land in thc 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 1"; and
1.2
WHERFA$, "OWNER' Hv~a,es Associates, Ltd., a Utah Limited
Partnership, is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit B,
which is attached hereto ,and by this reference incorporated herein as
if set forth in full, hereinafter referred to as the "Property 2"; and
DEVELOPMENT AGREEMENT - (AZ-99-012 and P,Z-99-O07) - 1
1.3
1.4
1.5
1.6
1.7
WHEREAS; I.C. §67-6511 A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
owner or ~Developer" make a written commitment concerning the
use or development of the subject "Property"; and
WHERFA$, "City" has exercised its statutory authority by the
enactment of Meridian City Code §§ 11-7-12 and 11-16-4 A, which
authorizes devdopment agreements upon the annexation and/or re-
zoning of land; and
WHEREAS,"D~doper' has submitted an application for
annexation and zoning of the "Property 1 ~ described in Exhibit A,
and has requested a designation of Community Business District (C-
C), (Meridian City Code) Case No. AZ,994)12 -; and
WHEREAS, "Devdoper~ has submitted an application for rezone of
thc "Property 2' described in Exhibit B, and has requested a
designation of Community Business District (C-C),(Meridian City
Code) Case No. RZ-99-007), and which will be developed in
coniunction with Property 1.
WHERFagS, "Developer" has made representations at the public
hearings and intends to develop the properties which are the subject
of the above referenced proceedings as a mixed use shopping centex;
and
1.8 WHEREAS, record of the proceedings for the requested annexation
and ZOning designation of the subject 'Properties~ held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony 'and comment; and
1.9 WHEREAS, City Council, the _'~..~ day of ~t~e~c, 2000, has
approved certain annexation and zoning Findings of Fact and
Conclusions of Law and Decision and Order, Case No. AZ-99-012,
set forth in Exhibit C, which are attached hereto and by this
DEVE]LOPMENT AO'RI~ - (AZ-99-012 ~ RZ-99.O07) - 2
1.I0
reference incorporated herein as if set forth in full, hereinafter
referred to as (the "Findings~); and
WHEREAS,'City Council, the [ b~ day of .~_0_ve~.l~ 2000, has
approved cextain rezone Findings of Fact and Conclusions of I,aw
and Derision and Order, Case No. RZ-99-00, set forth in Exhibit D,
which are attached hereto and by this reference incorporated herein
as if set forth in full, hereinafter referred to as (the 'Findings"); and
1.11
WHEREAS, both the ~Findings~ require the "Developer" and
"Owner_s~ to enter into a development agreement before the City
Council takes final action on annexation and zoning and re-zoning
designation; and
1.12
"DEVELOPERn deems it to be in its best interest to be able to enter
into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at its urging and requests; and
1.13
WHEREAS, 'City~ requires the ~Developer~ to enter into a
development agreement for the purpose of ensuring that ~Property
I ' and "ProPerty 2" are developed, and the subsequent use of the
"Propertiesn 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 and re-zoning designation from government subdivisions
providing sexvices 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 2 I, 1993, Ordinance #629, Janu8~ 4, 1994, and
the Zoning and Development Ordinance codified in Title 1 i,
Municipal Code of the City of Meridian.
NOW, THEREFORE, in considexation of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT -'(AZ-99-012 and RZ-99-007) - 3
3. DEFINITIONS: For all purposes'Of tltis 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 thc presentation of
the same require.~ otherwise:
3.1
"ClTY~: 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
"DEVELOPER': means and refers to Developers Diversified Realty
Corporation, and its successors, assigns and affiliates, whose address
is 3300 Enterprise. Parkway, Beachwood, Ohio 44122, the party
developing 'Property 1" and/or .`Property 2" and shall include any
subsequent owner(s)/developer(s) of the 'Property~.
3.3
"OWNER 1": means and refers to Ownera of Property 1, Exhibit
"A", Terrace Lawn Memorial Gardens, Inc., whose address is 1200
N. Cloverdale Road, Boise, Idaho.
~OWNER 2~: means and refexa to Owner of Property 2, Exhibit B,,
and Hermes Associates, LTD, a Utah Limited Partnership, whose
address is c/o Developers Diversified Realty Corporation, 3300
Enterprise Parkway, Beachwood, Ohio 441
3.5
'PROPERTY 1': means and refe~ to Property 1, owned by Terrace
Lawn Memorial Gardens, Inc. and DeVelopers Diversified Realty
Gorporation, 3:300 Enterprise Parkway, Beachwood, Ohio 44122,
which are those certain parcel(s) of "Property' located in the Gounty
of A_d..~; City of Meridian as described in Exhibit UA~ and "A- 1',
attached hereto and by this reference incorporated herein as if set
forth at length.
3,6
.`PROPERTY 2': means and refexs to Hermes Associates, LTD, a
Utah Limited Partnership, those certain parcel(s) of 'Property"
located in the County of Ada, City of Meridian as described in
DEVELOPMENT AO~ - (AZ-994)12 and RZ-99.007) - 4
Exhibit 'B', attached hereto and by this reference incorporated
herein as if set forth at length.
4. For purposes of this Agreement, Owner l's responsibilities shall be
subiect only to those provisions of this Agreement which make reference to
Property I, even though for ease of re£e.r~ce there are numerous references to
Developer/Owner.
5. USES PERMITI'ED BY THIS AGREEMENT:
The uses allowed pursuant to this Agreement arc only those uses
allowed under "City's Zoning O~inance codified at Meridian City
Code § 1 1-7-2 I which are. herein specified as follows:
(C-C) Community Busine~ District: The purpose of thc (C-C)
District is to permit thc e~t~blishment of ge~eral business uses that
are of a larger scale than a neighborhood business, and to encourage
the development of modem shopping centers with adequate off-
street parking facilities, and associated site amenities to serve area
residents and employees; to prohibit suip cornmexcial development
and encourage the clustering of commercial enterprises. All such
districts shall have direct, access to a uansportation arterial and
collector and be connected to the Municipal Water and Sewer
systems of the City of Meridian.
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 eog~truetlon and development of a commercial shopping
5.2
No change in thc u~es specified in this Agreement shall be allowed
without modification of this Agreement.
6. DEVELOPMENT AS CONDITIONAL USE: 'Developer/Owner
l/Owner 2' has sub~m'tted to 'City' an application for conditional use permit, and
shall be required m obtain the "City"s approval thereof, in accordance to the
DEV~ AG~- (AZ-99-012 alld RZ-99-007) - 5
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 1" and/or ~Property 2".
7. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
7.A
7.1
7.2
7.3
7.4
~Developer/Owner l/Owner 2" shall develop the 'Property" in
accordance with the following special conditions:
Dedicate sufficient additional right-of-way to total 60-feet from
section line of Faizview Avenue abutting the e~tire site. The right-of-
way shall be dedicated by means of recordation of a final subdivision
plat or execution of a warranty deed prior to issuance of any
Certificate of Occupancy.
Dedicate 76-feet of right-of, way (38-feet from the omterline) for
Records Drive from Fairview Avenue to a point 300-feet south of
Fairview Avenue and 60-feet of right-of-way (30-feet from centerline)
for Records Drive from that point to the south boundary of the
parcel by means of recordation of a final subdivision plat, or
execution of a warranty deed. to Ada County Highway District prior
t.o issuance of a any C~tificate of Occupancy.
Construct a S-foot wide concrete sidewalk on Fairview Avenue
abutting ~Pmperty 1" and "Property 2' (approxitnately 822-feet
total) prior to issuance of any Certificate of Occupancy. The
construction plans for the development of any portion of 'Property
1" or ~Property 2" showing the sidewalk must be approved prior to
iss-~nce of a building permit for the respective portion of ~Property
I" or 'Property 2".
Prior to opening any business on any portion of "Property 1" or
"Property 2", construct pavement widening on Fairview Avenue
adjacent thc pmpezty upon which such store will open to add one
eastbo~md lane from Records Drive to the east property line of such
property.
DEVELOPIViENT AG~RMENT - (AZ-~-O 12 '.md RZ-99-00T} - 6
7.5
Construct a maximum of three driveways on Fairview Avenue a
minimum of 440-feet for a full access driveway and 220-feet for a
right4n/right-out driveway from any public street intersection and
220-feet from all existing or proposed driveways. The maximum
driveway width will be. 40-feet with a minimum storage length of
100-feet. Install a 36" by $6" high intensity STOP sign at the
driveway's intersection with Pai~iew Avenue. COnstruct pavement
tapers with 15-foot radii. Coordinate the design, storage length and
location of any proposed driveways with Ada County Highway
District staff.
7.6
Construct Records Drive as a 65-foot street section (with c~rb, gutter
and 5-foot wi-de concrete sidewalk) from Fairview Avenue to a point
3004eet south of Fairview Avenue. Records Drive shall be located
approximately 2,100-feet east of Eagle Road. Widen the approach to
Fairview Avenue to provide two northbound left turn lanes and one
northbound through/right-turn lane. Two southbound lanes are
needed from Fairview Avenue to a point 300-feet south of Fairview.
Dedicate sufficient fight-of-way for the noted improvements.
7.7
Construct a traffic signal at the Fairview Avenue/Records Drive
intron. Provide and install an Opticom device for emergency
vehicle pre-emption of the signal to the satisfaction of ACHD and
the Meridian Fire Department. Other materials for the traffic signal
are to be purchased from ACHD or be demonstrated to meet ACHD
specifications. The signal should be designed to allow the future
construction of dual left-turn lanes on Fairview Avenue. The
applicant will be responsible for the entire cost of the signal
installation. Submit the signal design to District staff for approval
prior to construction.
7.8
A maximum of three driveways are approved on Records Drive. The
driveways shall be located a minimum of 175-feet south of Fairview
Avenue and aligned or offset 150-feet from all existing or proposed
driveways. The driveways shall be constructed as 24 to SO-foot curb
rettma driveway with 15-foot curb radii. Tixe minimum storage length
shall be 50-feet. Install a .36~ by 36' high intensity STOP sign at the
driveway's intersection with Presidential Drive.
DEVELOPMENT AGREEMENT. (AZ-99-O!2 and RZ-99-007) - 7
7.9
7.10
Other than the access points specifically approved with this
application, direct lot or parcel access to Records Drive or Fairview
Avenue is prohibited.
Applicant shall submit a revised legal description to meet all of the
criteria required by Meridian City Resolution 158, and the Idaho
State Tax Commission for the rezone.
7.1 1 Applicant shall prepare and submit a subdivision plat for any
splitting of property.
7.12 Applicant shall satisfy all fire code requirements induding those
pertaining to water flow and fire hydrants.
8. 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/Owner 1/Owner 2" or
"Developer/Owner l/Owner 2~'s heirs, successors, assigns, to comply with Sections
5 and 7 entitled 'Conditi°ns Governing Development of subject ~Property' of this
agreement within two (2) years of the date this Agreement is effective, and after
the 'City" has complied with the noticr and hearing procedures as outlined in I.C.
§ 67-6509, or any subsequem amendments or recodifications thereof.
9. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer/Owner 1/Owner 2~ consents upon default to the de'annexation
and/or a reversal of the zoning designation of' the ~Property~ to which the defauk
applies subject to and conditioned upon the following conditions precedent to-wit:
9.1
That the "City~ provide written notice of any failure to comply with
this Agreement to ~Developer/Owner l/Owner 2' and if the
"Developer/Owner 1/Owner 2' fails to cure such failure within six (6)
months of such notice.
10. INSPECTION: "Developer/Owner I/Owner 2~ shall, immediately upon
completion of any portion or the entirety of said development of thc 'Property~ as
required by this agreement or by City ordinance or policy, notify the City
DI~~ AGREEMENT - (kZ-~-012 and RZ-9~-O07) - ti
Engineer and request the City Engineer's inspections and written approval of such
completed improvements or portion thereof in accordance with the tern~s and
conditions of this Development Agreement and all other ordinances of the ~City''
that apply to said Development.
1 1. DEFAULT:
11.1
In the event aDevelopcr/Owner 1/Owner 2', ~Developer/Owner 1/
Owner 2"s heirs, successors, assigns, or subsequent owners of
"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 with
respect to the 'Property" which is in default by the aCity' upon
compliance with the requirements of the Zoning Ordinance.
11.2
A waiver by "City~ of any default by 'Developex/Owner l/Owner 2"
of any one 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.
i 2'. REQUIREMENT FOR RECORDATION: 'City' shall record either a
memorandum of this Agreement or thi. s Agreement, induding all of the Exhibits,
at ~Developer/Owner l/Owner 2"s cost, and submit proof of such recording to
~Developer/Owner l/Owner 2'', prior to the third reading of the Meridian Zoning
Ordinance in connection with the a~mexation 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" slmll execute and record an
appropriate instrument of release of th~s Agreement.
13. ZONING: "City' shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinam~ zoning the ~Property' as specified
herein.
14. REM£D1ES: This Agreement shall be enforceable in any court of
competent jurisdiction by either 'City" or 'Developer/Owner 1/Owner 2', or by
DEVELOPMENT AGREEMENT -(AZ-99-012 ami RZ-99-00'/)- 9
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 perfom~ance of the covenants, agreements, conditions, and obligations
contained herein.
14.1 In the event of a material breach of this Agreement, the parties agree
that 'City' and 'Developer/Owner 1/Owner 2' shall have thirty (BO)
days after delivery of notice of said breach to correct the same prior
to the non-br~ching p~rty's seeking of any remedy provided for
herein; provided, however, that in the case of any such default which
cannot with diligence be cured within such thirty (30) day period, if
the defaulting party shall commence to cure the same within such
thirty (30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time allowed to cure
such failure may be extended for such period as may be necessary to
complete the ct~ng of the same with diligence and continuity.
14.2 In the event the performance of any covenant to be performed
hereunder by either "DevelopedOwner l/Owner 2~ or 'City" is
delayed for causes which are beyond the reasonable control of the
party responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such perfom~ance shall be extended by the amount of time
of such delay.
15. SURETY OF PERFORMANCE: The 'City' may also re. qtfire surety
bonds, irrevocable letters of credit, cash deposits, certified dteck or negotiable
bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of
the improvements required in section 7 of.dxis agreement, which thc
'Devdopcr/Owner l/Owner 2~ agrees to provide, if required by the ~City'.
16. CERTIFICATE OF OCCUPANCY: The 'Developer/Owner l/Owner 2"
agrees that no Certificates of Occupancy will be issued until all improvements
required in Section 7 of this agreemem are. completed, unless the 'City~ and
'Developer/Owner l/Owner 2~ have entered into an addendum agreement stating
when thc improvements required in section 7 of this agreement will be completed
in a phased development; and in any evex~t, no Certificates of Occupancy shall be
DEVELOPMEI~ AGREEMF_.NT - (&Z-99-012 ~nd RZ,.99-(I0'/) - 10
issued in any phase in whici~ the improvements required in section 7 of this
agreement have not been installed, completed, and accepted by the ~City'.
17. ABIDE BY ,~I.L CITY ORDINANCES: That ~Develope. r/Owner t/Owner
2' agrees to abide by all ordinances of the City of Meridian and ~ Propearty !"
and/or 'Property 2" as the case may be. shall be subiect 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 L~w, dfis Development Agreement, and
the Ordinances of the City of Meridian.
18. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered ff 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:
cffo City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
DEVELOPEPc
Developers Diversified Realty Corporation.
3300 Enterprise Parkway
Beachwood, Ohio 44122
ATI~N: Eric M. Mallory
with copy to:
CiO Dakota Company, Inc.
380 E. Parkcenter Blv&, Suite 100
Boise, Idaho 83706
ATFN: Larry Durkin
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
OWNERS:
"Property 1'
Terrace Lawn Memorial Gardens, Inc.
1200 N. Cloverdale Road
Boise, Idaho
DEVELOI:MENT AGREEMENT - (AZ-99-012 and RZ-.99.007) - I 1
c/o Developers Diversified R~lty Corporation,
3300 Enterprise Parkway,
Beachwood, Ohio 44122
"Property 2"
Hermes Associates, LTD, a Utah IAmited
Partnership
c/o Developers Diversified Realty Corporation,
3300 Enterprise Parkway,
Bcachwood, Ohio ~4122
18.1
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.
19. ATrORNEY FEES: Should any litigation be commenced between the
panics 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 }urisdiction. This provision
shall be deemed to be a separate contract between the parties and shall survive any
default, termination or forfeiture of this Agreement.
20. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failxge to timely perform any of the obligations
heretmder shall constitute a breach of and a default under this Agreement by the
other party so failing to perform.
21. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and
personal 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 acquiring an interest in
the 'Property'. Nothing herein shall in any way prevent sale or alienation of the
~Propeny~, 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"
DEVELOPMENT A~-(AZ'99'012 m~d~ - 12
agrees, upon written request of ~Devdoper/Owner I/Owner P-", to execute
appropriate and recordable evidence of termination of this Agreement ff 'City', in
its sole and reasonable discretion, had determined that "Developer/Owner I/
Owner 2' has fully performed its obligations under tl~is Agreement.
22. 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.
23. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and tmderstandings between
'Developer/Owner I/Ownex 2' and 'City' relative to the subject matter hereof,
and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between ~Developer/Owner 1/Owner 2' and 'City',
other than as are stated herein. Except as herein otherwise provided, no
subsequeant alteration, amendment, change, addendum or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and
signed by them or their successors in interest or their assigns, and pursuant, witl~
respect to ~City', to a duly adopted ordinance, or resolution of 'City'.
23.1
No condition governing the uses and/or conditions governing
development of the subjecx 'Property~ herein provided for can be
modified or amended without the approval of the City Council after
the ~City~ has conducted public heating(s) in accordance with the
notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment except
that minor modification(s) of required improvements provided for in
section 7 may be approved by City Public Works and Planning and
Zoning Staff, if such changes are required or preferred by Ada
Comity Highway District Staff.
24. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Orditzance. in connection with the annexation and zoning of the
'Property" and execution of the Mayor and City Clerk.
DEVELO~ AGREEMENT - (AZ-99-012 lind RZ-99-00'/) - 13
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the Parties have herein executed this agreement and
Made it effective as hereinabove provided.
ATTEST:
Joarfto)[l. Allgoo~l, S~retary
DEVELOPERS DIVERSIFIED REALTY
CORPORATION, an Ohio corporation
:~ 3:~r!± t z~(Frint Name)
Its: Executive Vice President
"Property 1"
ATTEST:
Joan'. Allgoo~, S~q0etary
DEVELOPERS DIVERSIFIED REALTY
CORPORATION, an Ohio corporation
Its: ~;en~ue~i~v~. ~'~i;;es~X~ent (PrintName)
ATTEST:
., __ Secretary
TERRACE LAWN MEMORIAL GARDENS,
INC.,
Owner ~ /~
By: d~/~o~~- ~
Timothy T. Gibson, President
"Property 2"
HERMES ASSOCIATES, LTD.
a Utah limited partnership
By DDR Family Centers LP
Its General Partner
By DDR DownREIT LLC
Its General Partner
By Developers Diversified Realty
Corporation, its Managing Member
Owner
By..~D anita 1B~}~ur~ '
Its: Exec~ive'Vice ~e~si~ent (Print Name)
DEVELOPMENT AGREEMENT - (AZ-99-012 and RZ-99-007) - 14
A'YI~ST:
CYI'Y OF MERIDIAN
O1~. ROBERT D. CORRIE
Attest;
BY RESOLUTION NO. ="~/~-
DEVELOPME~ AGREEMENT - (.a~-99.012 and RZ-99-007) - 15
STATE OF OHIO )
) SS:
COUNTY OF CUYAHOGA )
BEFORE ME, a Notary Public in and for said County and State, personally
appeared Daniel B. Hurwitz, Executive Vice President of DEVELOPERS DIVERSIFIED
REALTY CORPORATION, the corporation which executed the foregoing instrument, who
acknowledged that he did sign the foregoing instrument for, and on behalf of said corporation
being thereunto duly authorized by its Board of Directors, that the same is his free act and deed
as such officer and the free act and deed of said corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and o.f,~,cjg! Aeal ~at
Beachwood, Ohio, this ]~t}~-. dayof '),'Jt~e.g-. ,2000. ?~"~'
~ otarv Public, ~tatdd~if/~ya. C~.'.
DEVELOPMENT AGREEMENT - (AZ-99-012 and RZ-99-007) - 16
STATE OF IDAHO)
COUNTY OF ADA
On this/..~t~' day of ~ , , in the year 2000, before me, a
0erso-nally ap~~' known or identified to me to
b ...... g^se name is subscribed the within instrument
executed the same ~ ___.~__t~t)~ .~14 ~r'.~_t~ c. t-- '
STKrE OF OHIO )
coUNTY OF CUYAHOCz/K )
· BEFORE ME, a Notary Public, in and for said County and State, personally
appeared Daniel B. Hurwitz, Executive Vice President of DeVelopers Diversified
Realty Corporation, Managing Member of DDR DownREIT LLC, Genex-al Partner
of DDR F~nily Centers LP, the General Partner of Hermes Associates, Ltd., thc
limited partne~hip which executed the foregoing instrument, who acknowleclgcd that
hc did exccutc thc foregoing instrument on behalf of said corporation and the same
is his free and voluntary act and deed as Executive Vice President of Developers
Diversified Realty Corporation, Managing Member of DDR DownREIT LLC,
General Partner of DDR Family Centers LP, General Partner of said limited
partnership and is thc free act ~nd deed of said limited partnership for the uses and
purposes therein set forth.
IN WITNESS WHEREOI~, I have hereunto set my hand and .e~C~l'sea!.at
O o, , 20O0.
Notary Public, State of OhiO :' Cuya; cry.
My Commission Expires Mar. 8,
(SEAL) Notary Public
STATE OF IDAHO )
:$$
County of Ada )
, in the year 2000, before, me,
a Notmy Public, personally appe~re.d Robert D. Conic and William G. Bag, know
or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian,
who executed the inst_n~nent or the person that executed the instrument of behalf of
said City, and acknowledged to me that such City executed the same.
--*~ Ue~'.'.. /~
~SEAL~ '~: 'I~ ~ '~ ?~r~/ot~hc for Idaho
% ',. / ~ommission expires: ~..~ ~
DEVELOPMENT AGREEMENT - (AZ-~-012 agl RZ-99-007) - !tl
EXHIBIT A
~7~99~012
Le_~alDescription OfPro?:rty I
DEVELOPMEWr AG~.EMENT - (AZ-99=012 and RZ-99-007) - 19
.,-. HUBBLE ENGINEERING, INC.
208/322-8992 · Fax 208/37~
Project No. 9904000
DESCRIPTION FOR
FAMILY.,CENTERS AT MERIDIAN
ADDITIONAL PROPERTY
'ANNEXATION .
Apd130, 1999
A parcel of'land located in the NVVI/4 of the NE1/4 of Section 9, T.3N., R. 1E.,
B.M., Ada County, Idaho, more particularly described as follows:
Beginning at the Nll4 comer of said Section 9' from which the NE comer of said
Section 9 bears South 89°22'32" East, 2659.01 feet;
thence along said section line South 89'?_2.'10' East, 708.49 feet;,
thence leaving said section line South 00°37'28' West, 47.09 feet to a point on
the South right-of-way line of Fairview Ave. (US Highway 30);
thence leaving said South right-of-way line South 14°59'32" West, 276.87 feet;,
thence South 00°48'14" West, 554.06 feet;
thence North 89°35'24" West, 640.79 feet to a point on the North-South
centerline of said Section 9;
thence along said North-South center line North 00°48'14" East, 871.76 feet to
the Real Point of Beginning, containing 13.09 acres, more or less.
J u L 2' 2 1999
~ Pt~LIC WORKS DEI'T.
GGC/vw/familycentersMerid-annex '
Prepared by: :....
NUBBLE ENGINEERING, !,NC.
Gregory G. Carter, P.LS.
EXHIBIT "A"
Le~t Description Of Propert.v
(Parc?! I axed. Parcel
DEVELOPMENT AGREF. MBNT - (A~-99-012 nnd P,Z-99-00'/) - 20
MAR-IS-00 IG,3I FROM,D£V£LOP£R$ Olt/£RSlFI£O [D,21G2471118 PAG£ Q/G
s~o se~e~ cou,~ · Boise. ~daho S370S
FXl~l' ]~.'~ "A"'
~.0C3/322.'~-.q~ · Fax 208/378-032.9
Project No. 0003700
GIBSON PARCEL
PROPERTY DESCRIPTION
February 2, 2000
Revised February 25, 2000
A parcel of land located in the NWl/4 of the NEll4 of Section 9, T.3N., R.1E.,
B.M.. Ada County. Idaho, .as shown on Record of Survey No. 1283. filed for re,rd in
the office of the Ada County Recorder, Boise. idaho, and more particularly described as
follows:
Commencing at an i~on pin maddng the North 1/4 comer of said Section 9;
thence along the centedine of said Section 9 South 00'48'14" West. 49.74 feet to
the South right-of-way line of Fairview Avenue, said point be'rog the REAL POINT OF
BEGINNING;
thence alon9 said South right-of-way line South 89'35'24" East, (formerly South
89'35'00" East) 432.45 feet;
thence leaving said South right-of-way line Sou[h 00'42'48" West, 503.18 feet;
thence North 89'35'24" West, (formerly North 89°35'00" West) 433.25'feet to
said centedine of Section 9;
thence along said centerline North 00°48'14d East, 503.19 feet to the Point of
Beginning. Contains 5.000 aores, more or less.
Prepared b~.
HUBBLE ENGINEERING. INC.
Todd R. Waite, P.LS.
j:~-IEl~lO~u~vay~mjects&,TG3ALTA119g~Legal Oesctlp{ions~TRW-G~son-Par. doc
0~/29/~999 09:59 2083850~96
TEALEY'S LAND
SURVEYING
TE~_£'t'S Le~'qD 9J~)vE¥ P~,G'E
~15 West JeffeCson Street · Boise, Idaho 83702
(20a) 385-o636
Fax (208) 385-0696
02
Project. Ho.: 1882
Datc: April 29, 1999
DESCRIPTION FOR
TIM GIBSON - PARCEL 2
A pm-cci of rand being a portion of thc NW 114 of thc NE 1/4 of Section 9, T.3N.,
K. ! E., B.M., Ada County, Idaho. and more particulaxly described as follows:
Commencing at an iron pin marking the North I.t4 comer of said Section 9; thence
along thc centcrline of said Section 9
South 00°45'35" We. st, formerly South 00°48' 14" West, 49.74 feet to a brass cap
on the South right-of-way line of Fairview Avenue; the~ce along said South right-of-way
linc
South 89°35'00" East 432.45 feet to an iron pin marking the POINT OF
BEGINNING; thenc~ continuing
South 89°35'00" East 276.21 feet to a point; thencc leaving mid South' right-of-
way line
South 15°00'00'' Wcst 276.88 feet to a point; thence
South 00"48' 35" West 554.06 t'eet to a point; thence
North 89°38'00'' West 640.79 feet to a point on said ccnterlinc of Section 9;
thence along said centerline
North. 00°48'35" East 3 i 8.83 feet to an iron pin; thence leaving said ccntcrline
South 89°35'00" East 433.30 feet to an iron pin; thence
North 00°42'46'' East 503. ! $ feet to the POINT OF BEGINNING,
Said parcel of land contains 7.30 acres, more or less.
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EXHIBIT B
~Z.99-007
Legal Description Of property 2
DEVELOPMF. NT AGREEMENT - (AZ-~-~9-O 12 and RZ-99-O07) - 2 !
OHU__BB_LE E_NGINEE___RIN G, INC.
9550 Bethel Court · Boise, Idaho 83709
Project No. 9925000
208/322-8992 · Fax 208/378-0329
Janua~ 12,2000
RECORDS EAST SUBDIVISION
REZONE DESCRIPTION
FOR WESTERLY PARCEL
A parcel of land located in the NEll4 of the NWl/4 of Section 9, T.3N., R.1E., B.M., Ada
County, Idaho, more particularly described as follows: Commencing atthe corner common to
Sections 4, 5, 8 and the said Section 9;
thence South 89°22'10'' East, 2659.63 feet along the North line of said NWl/4 of Section
9 to the 1/4 corner common to said Sections 4 and 9 and the REAL POINT OF BEGINNING;
thence along the North-South mid-section line of said Section 9 South 0°48'14" West
880.85 feet to the northeast comer of Crossroads Subdivision No. 6, as filed in Book 76 of Plats
at Page 7941 thru 7942, records of Ada County, Idaho;
thence North 89°35'32" West, 596.17 feet along the North line of said Crossroads
Subdivision No. 6 to a point on the centerline of N. Records Ave.;
thence along said centerline the following three courses:
72.61 feet along a curve to the left, said curve having a radius of 203.61 feet, a central
angle of 20°25'57" and a long chord bearing North 14°11'46" West, 72.23 feet to the beginning
of a reverse curve to the right;
thence 72.37 feet along said curve to the right, said curve having a radius of 171.75 feet,
a central angle of 24°08'33'' and a long chord bearing North 12°16'20'' West, 71.83 feet;
thence North 00°25'00" East, 743.33 feet to the intersection with the North line of said
NWl/4 of Section 9;
thence South 89°22'10'' East, 636.12 feet along said North line to the Real Point of
Beginning. Containing 12.77 acres (556,187 square feet) more or less.
Prepared by:
HUBBLE ENGINEERING, INC.
J/MeridianCrossroads2/PJS/vw/RecordsEast-Rezone Patrick J. Scheffler, P.L.S.
EXHIBIT C
F' ' a a d - f iti
DEVELOPMENT A(3REEMEW~ - (AZ-99-012 and ]~,.-99~7) - 22
Revised 11-18-99
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF DEVELOPER )
DIVERSIFIED REALTY CORP., )
THE APPLICATION FOR )
ANNEXATION AND ZONING )
OF 13.09 ACRES FOR )
EXPANSION OF FAMILY )
CENTER AND CROSSROADS )
MALL, 4000 E. FAIRVIEW AVE., )
MERIDIAN, IDAHO )
Case No. AZ-99-012
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on
for public hearing on November 3, 1999, at the hour of 7:00 o'clock p.m., and Shari
Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and
testifying on behalf of the Applicant was Larry Durkin from Developers Diversified
Realty Corp., and no one appeared in opposition, and the City Council having duly
considered the evidence and the record in this matter therefore makes the following
Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for November 3, 1999, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of
record within three hundred (300') feet of the external boundaries of the property
under consideration more than fifteen (15) days prior to said hearing and with the
notice of public hearing having been posted upon the property under consideration
more than one week before said hearing; and that copies of all notices were made
available to newspaper, radio and television stations a~ public service announcements;
and the matter having been duly considered by the City Council at the November 3,
1999, public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A,
Municipal Code of the City of Meridian.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994,
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012
evidence.
and maps and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately 13.09 acres in size. The property is
located at 4000 E. Fairview Ave., Meridian, Idaho, and described as folloxvs:
A parcel of land located in the NWl/4 of the NE 1/4 of Section 9, T. 3N., R.
1E., B.M., Ada County, Idaho, more particularly described as follows:
Beginning at the N1/4 corner of said Section 9 from which the NE corner of
said Section 9 bears South 89022'32'' East, 2659.01 feet;
thence along said section line South 89°22'10'' East, 708.49 feet;
thence leaving said section line South 00o37'28'' West, 47.09 feet to a point on
the SOuth right-of-way line of Fairview Ave. (US Highway 30);
thence leaving said South right-of-way line South 14059'32'' West, 276.87 feet;
thence South 00°48'14'' West, 554.06 feet;
thence North 89035'24'' West, 640.79 feet to a point on the North-South
centerline of said Section 9;
thence along said North-South center line North 00°48' 14" East, 871.76 feet
to the Real Point of Beginning, containing 13.09 acres, more or less.
5. The owner of record of the subject property is Terrace Lawn Memorial
Gardens, Daniel and Carolyn Gibson of 19500 Hwy. 20/26, Caldwell, Idaho.
6. Applicant is Developers Diversified Realty Corp., of 3300 Enterprise
Parlcway., Beechwood, Ohio.
7. The property is presently zoned by Ada County as Rural Transitional
(R-T), and consists of a sod farm and cemetery.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012
8. The real property which is the subject of this application will be joined
and developed with the real property, which is the subject of a companion application
in action "In the Matter of the Request for Rezone of approximately 11.4 acres for
Expansion of Meridian Family Center/Crossroads Mall".
9. The Applicant requested the property be zoned as Meridian
Community Business District (CC), Section 1 !-2-408 B (9) of the Revised and
Compiled Ordinances of the City of Meridian.
10. The proposed site of the subject property is located east of Records
drive, south of Fairview Ave.
11. The subject property is bordered to the east and south by Ada County
Rural Transitional, to the southwest by Meridian Single Family Residential and to
the west by Meridian Community Business District, to the north by Ada County
Rural transitional and city limits of the City of Meridian are adjacent and abut to the
west and southwest of the subject property.
12. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
13. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
14. The Applicant proposes to develop the subject property in the following
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012
manner: construction and development of a commercial shopping center.
15. The Applicant requests zoning of the subject real property as
Community Business (CC) which is consistent with the Meridian Comprehensive
Plan Generalized Land Use Map which designates the subject property as
Commercial by reason of a companion application of the Applicant.
16. There are no significant or scenic features of major importance that
affect the consideration of this application.
17. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Recommendations of the Ada County Highway District as follows:
17.1 Dedicate sufficient additional right-of-way to total 60-feet from section
line of Fairview Avenue abutting the entire site. The right-of-way shall
be dedicated by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of any Certificate of
Occupancy.
17.2 Dedicate 76-feet of right-of-way (38-feet from the centerline) for
Records Drive from Fairview Avenue to a point 300-feet south of
Fairview Avenue and 60-feet of right-of-way (30-feet from centerline) for
Records Drive from that point to the south boundary of the parcel by
means of recordation of a final subdivision plat or execution of a
warranty deed prior to issuance of a any Certificate of Occupancy.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012
17.3
17.4
17.5
17.6
17.7
Construct a S-foot wide concrete sidewalk on Fairview Avenue abutting
the site (approximately 822-feet total) prior to issuance of any
Certificate of Occupancy. The construction plans for the development
showing the sidewalk must be approved prior to issuance of a building
permit.
Prior to opening of the development, construct pavement widening on
Fairview Avenue to add one eastbound lane from Records Drive to the
east property line.
Construct a maximum of three driveways on Fairview Avenue a
minimum of 440-feet for a full access driveway and 220-feet for a right-
in/right-out driveway from any public street intersection and 220-feet
from all existing or proposed driveways. The maximum driveway width
will be 40-feet with a minimum storage length of 100-feet. Install a 36"
by 36" high intensity STOP sign at the driveway's intersection with
Fairview Avenue. Construct pavement tapers with 15-foot radii.
Coordinate the design, storage length and location of any proposed
driveways with District staff.
Construct Records Drive as a 65-foot street section (with curb, gutter
and 5-foot wide concrete sidewalk) from Fairview Avenue to a point
300-feet south of Fairview Avenue. Records Drive shall be located
approximately 2,100-feet east of Eagle Road. Widen the approach to
Fairview Avenue to provide two northbound left turn lanes and one
northbound through/right-turn lane. Two southbound lanes are needed
from Fairview Avenue to a point 300-feet south of Fairview. Dedicate
sufficient right-of-way for the noted improvements.
Construct a traffic signal at the Fairview Avenue/Records Drive
intersection. Provide and install an Opticom device for emergency
vehicle pre-emption of the signal to the satisfaction of ACHD and the
Meridian Fire Department. Other materials for the traffic signal are to
be purchased from ACHD or be demonstrated to meet ACHD
specifications. The signal should be designed to allow the future
construction of dual left-turn lanes on Fairview Avenue. The applicant
will be responsible for the entire cost of the signal installation. Submit
the signal design to District staff for approval prior to construction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
· CASE NO. AZ-99-012
17.8
17.9
A maximum of three driveways are approved on Records Drive. The
driveways shall be located a minimum of 175-feet south of Fairview
Avenue and aligned or offset 150-feet from all existing or proposed
driveways. The driveways shall be constructed as 24 to 30-foot curb
return driveway with 15-foot curb radii. The minimum storage length
shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the
driveway's intersection with Presidential Drive.
Other than the access points specifically approved with this application,
direct lot or parcel access to Records Drive or Fairview Avenue is
prohibited.
18. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these findings of fact no. 17, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
19. It is found that the development considerations which must be taken
into account, in order to assure the proposed development is designed, constructed,
operated and maintained in a manner which is harmonious and appropriate in
appearance with the existing, or intended character of the general vicinity, in order to
assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to
the existing, or future neighboring uses, particularly considering the impact of
proposed development on potential to produce excessive traffic, noise, smoke, fumes,
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012
glare and odors, and can best be handled by requiring as a condition of development
and use on said parcel that all development and use on and of the subject real
property will be subject to a conditional use permit process.
20. The proposed development will serve existing and growing needs and
will provide services to surrounding institutional, commercial and residential
development.
21. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
21.1 Commercial and retail areas are established along the Fain~iew Avenue corridor.
Section #4 of the Comprehensive Plan - Commercial Activity Centers,
states - The location of Community Shopping Centers should be guided by
performance and development standards which consider that CommerciaI Activit. y
Centers be located in proximity to other commercial developments and minimize
impacts upon other adjacent areas.
21.2 The Commercial Policies Section states - Community Shopping Centers
will be encouraged to locate at arterial intersections and near high-traffic intensi~y
areas.
22. The property can be physically serviced with City water and sewer, if
applicant extends the lines.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-
2-417 provides the City may annex real property that is within the Meridian Urban
Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord. No. 629, January 4, 1994.
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.1 Commercial and retail areas are established along the Fairview Avenue
corridor. Section #4 of the Comprehensive Plan - Commercial Activity
Centers, states - The location of Community Shopping Centers should
be guided by performance and development standards which consider
that Commercial Activity Centers be located in proximity to other
commercial developments and minimize impacts upon other adjacent
areas.
4.2
The Commercial Policies Section states - Community Shopping Centers
will be encouraged to locate at arterial intersections and near high-traffic
intensity areas.
The requested zoning of Meridian Community Business District (CC),
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012
is defined in the Zoning Ordinance at I 1-2-408 B 9 of the Revised and Compiled
Ordinances of the City of Meridian, as follows:
(C-C) Community Business District: The purpose of the (C-C) District
is to permit the establishment of general business uses that are of a
larger scale than a neighborhood business, and to encourage the
development of modem shopping centers with adequate off-street
parking facilities, and associated site amenities to serve area residents
and employees; to prohibit strip commercial development and encourage
the clustering of commercial enterprises. All such districts shall have
direct access to a transportation arterial and collector and be connected
to the Municipal Water and Sewer systems of the City of Meridian.
6. Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
7. The development of the annexed land, if annexed, shall meet and
comply with the Ordinances of the City of Meridian including, but not limited to:
Section 11-9-616 which pertains to development time schedules and requirements;
Section ! 1-%605 M, which pertains to the piping of ditches; and Section 11-%606 B
14., which pertains to pressuriZed irrigation systems.
8. The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
9. Section 11-2417 D of the Zoning and Development Ordinance provides
in part as follows:
If property is annexed and zoned, the City may require or permit, as a
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1. The applicant's request for annexation and zoning of approximately
13.09 acres to Community Business District Zone (C-C) is granted subject to the
terms and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 13.09 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3. Developer enter into a Development Agreement, and such Development
Agreement shall also include and contain the conditions of and for the real property
which is the subject of the rezoning application Case No. RZ-99-007, that provides in
the event the conditions therein are not met by the Owner/Developer that the
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012 .'
property shall be subject to re-zone and/or de-annexation, ,vith the City of Meridian,
which provides for the following conditions of use and development to-wit:
Conditions of Use:
17.1
All development and uses for and of the proposed development shall be
developed under the conditional use permit process as a planned
development.
Conditions of Derelopment:
17.2
Dedicate sufficient additional right-of-way to total 60-feet from section
line of Fairview Avenue abutting the entire site. The right-of-way shall
be dedicated by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of any Certificate of
Occupancy.
17.3
Dedicate 76-feet of right-of-way (38-feet from the centerline) for
Records Drive from Fairview Avenue to a point 300-feet south of
Fairview Avenue and 60-feet of right-of-way (30-feet froTM centerline) for
Records Drive from that point to the south boundary of the parcel by
means of recordation of a final subdivision plat or execution of a
warranty deed prior to issuance of a any Certificate of Occupancy.
17.4
Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting
the site (approximately 822-feet total) prior to issuance of any
Certificate of Occupancy. The construction plans for the development
showing the sidewalk must be approved prior to issuance of a building
permit.
17.5
Prior to opening of the development, construct pavement widening on
Fairview Avenue to add one eastbound lane from Records Drive to the
east property line.
17.6
Construct a maximum of three driveways on Fairview Avenue a
minimum of 440-feet for a full access driveway and 220-feet for a right-
in/right-out driveway from any public street intersection and 220-feet
from all existing or proposed driveways. The maximum driveway width
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-0 ! 2
17.7
17.8
17.9
17.10
17.11
will be 40-feet with a minimum storage length of 100-feet. Install a 36"
by 361' high intensity STOP sign at the driveway's intersection with
Fairview Avenue. Construct pavement tapers with 15-foot radii.
Coordinate the design, storage length and location of any proposed
driveways with District staff.
Construct Records Drive as a 65-foot street section (with curb, gutter
and 5-foot wide concrete sidewalk) from Fairview Avenue to a point
300-feet south of Fairview Avenue. Records Drive shall be located
approximately 2,100-feet east of Eagle Road. Widen the approach to
Fairview Avenue to provide two northbound left turn lanes and one
northbound through/right-turn lane. Two southbound lanes are needed
from Fairview Avenue to a point 300-feet south of Fairview. Dedicate
sufficient right-of-way for the noted improvements.
Construct a traffic signal at the Fairview Avenue/Records Drive
intersection. Provide and install an Opticom device for emergency
vehicle pre-emption of the signal to the satisfaction of ACHD and the
Meridian Fire Department. Other materials for the traffic signal are to
be purchased from ACHD or be demonstrated to meet ACHD
specifications. The signal should be designed to allow the future
construction of dual left-turn lanes on Fairview Avenue. The applicant
will be responsible for the entire cost of the signal installation. Submit
the signal design to District staff for approval prior to construction.
A maximum of three driveways are approved on Records Drive. The
driveways shall be located a minimum of 175-feet south of Fairview
Avenue and aligned or offset 150-feet from all existing or proposed
driveways. The driveways shall be constructed as 24 to 30-foot curb
return driveway with 15-foot curb radii. The minimum storage length
shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the
driveway's intersection with Presidential Drive.
Other than the access points specifically approved with this application,
direct lot or parcel access to Records Drive or Fairview Avenue is
prohibited.
Applicant shall submit a revised legal description to meet all of the
criteria required by Meridian City Resolution 158, and the Idaho State
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012
Tax Commission for the rezone.
17.12 Applicant shall prepare and submit a subdivision plat for any splitting of
property.
17.13 Applicant shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants.
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real
property which is the subject of the application to (C-C) Community Business
District (§ 11-2-408 B 9 of the Revised and Compiled Ordinances of the City of
Meridian).
5. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided
in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in
accordance with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
Please 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who may within twenty-eight (28) days
after the date of this decision and order seek a judicial revie~v as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
day of /~P"~P'~ ~ , 1999.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED_~~*-'~
COUNCILMAN GLENN BENTLEY
VOTED_~i'-'
COUNCILMAN K. EITH BIRD
VOTED_~c--
COUNCILMAN CHARLIE ROUNTREE
VOTED .,~t'''
MAYOR ROBERT D. CORRIE (TIE BRE~(,.ER)
DATED:
VOTED
MOTION:
APPROV · ~ ISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012
Copy served upon Applicant, the Planning and Zoning Department, Public Works'
Dated:
Department and the City Attorney.
By:~y Clerk ~' ~'
msg/Z:\WorkXMVMeridian 15360MkDevelopers DiversifiedVkZFfCls
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012
F..i_.ndlngs_of_Fact and Conclusions of La_w/Conditions of Approval
DEVELOPMENT AGREEMENT- (AZ-99.O12 and RZ-99-007)- 23
BEFORE THE CITY COUNCIL OF
THE CITY OF MERIDIAN
11-11-99
IN THE MATTER OF THE
REQUEST FOR REZONE OF
APPROXIMATELY 11.4 ACRES
FOR. EXPANSION OF
MERIDIAN FAMILY
CENTER/CROSSROADS MALL
DEVELOPER DIVERSIFIED
REALTY CORP/DAKOTA CO.,
Applicant.
Case No: RZ-99-007
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONE
The above entitled matter on the rezoning application of 11.4 acres
having come on for public hearing on November 3, 1999, at the hour of 7:30 o'clock
p.m., and Council having received the report of Shari Stiles, Planning and Zoning
Administrator, and Shari Stiles, Planning and Zoning Administrator, and Larry
Durkin of Developers Diversified Realty Corp/Dakota Company, Inc., for the
Applicant, appeared and testified, and no one appeared in opposition to the request,
and the Council having received the record of this matter made before the Planning
and Zoning Commission, and having received their Recommendation to the City £
Council, and the City Council having duly considered the evidence and the record in
this matter therefore makes the follosving Findings of Fact and Conclusions of Law,
Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF I 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/
CROSSROADS MALL / (RZ-99-007) -
FINDINGS OF FACT
I. The notice of public hearing on the application for rezoning ,vas
published for two (2) consecutive weeks prior to said public hearing scheduled for
November 3, 1999, before the City Council, the first publication appearing and
written notice having been mailed to property owners or purchasers of record within
three hundred (300') feet of the external boundaries of the property under
consideration more than fifteen (15) days prior to said hearing and with the notice of
public hearing having been posted upon the property under consideration more than
one week before said heating; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the November 3, 1999,
public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit
evidence.
2. There has been compliance with all notice and heating
requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416~
and 11-2-417A, Municipal Code of the City of Meridian.
3. The City Council takes judicial notice of its zoning, subdivisions
and development ordinances codified at Title I 1, Municipal Code of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REAL~ CORP/
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/
CROSSROADS MALL/(RZ-99-007) - 2
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the-
City of Meridian adopted December 21, 1993, Ordinance No. 629 -- Januau, 4,
1994, and maps and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately 11.4 acres in size. The property is
generally located ½ mile east of Eagle Road south of Fairview Avenue, in Meridian,
Idaho, and is described as follows:
A parcel of land located in the NE i/4 of the NW I/4 of Section 9, T.
3N., R. 1E., B.M., Ada County, Idaho, more particularly described as
follows:
Commencing at the corner common to Sections 4, 5, 8 and the said
Section 9, thence South 89°22'10'' East, 2659.63 feet to the 1/4 corner
common to said Sections 4 and 9; thence South 0°48'14'' West, 49.74
feet to a point on the soUtherly right-of-way of Fairview Avenue, said
point being the Real Point of Beginning.
Thence continuing along the north-south mid-section line South
0°48'14'' West, 831.11 feet to a point;
Thence North 89°35'32" West, 596.18 feet to a point;
Thence North 0°25'00" East, 831.11 feet to a point on the southerly
right-of-way of Fairview Avenue;
Thence along said right-of-way South 89°35'24'' East, 601.79 feet to the
Real Point of Beginning. Containing l 1.42 acres (497,816 square feet),
more or less. -
5. The real property which is the subject of this application will be
joined and developed with the real property which is the subject of a companion
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
tLEZONING OF I 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY COl:UP/
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/
CROSSROADS MALL / (RZ-99-007) - 3
application in action "In the Matter of the Application of Developer Diversified
Realty Corp., the Application for Annexation and Zoning of 13.09 acres for
Expansion of Family Center and Crossroads Mall, 4000 E. Fairview Ave., Meridian,
Idaho" [AZ-99-012].
6. The owner of record of the subject property is Developers
Diversified Realty Corp., of 3300 Enterprise Parkway, Beechwood, Ohio.
7. The Applicant is the owner of record.
8. The property is presently zoned as Meridian Light Industrial (I-
L), and is currently vacant.
9. The Applicant requests the property be rezoned to Community
Business District (CC), defined in Section 11-2-408 B 9 of the Revised and Compiled
Ordinances of the City of Meridian.
10. The proposed site is surrounded by Crossroads Subdivision to the
south, Terrace Lawns Memorial Gardens to the east, agricultural land to the riorth
and the Meridian Family Center/Meridian Crossroads Mall to the west.
i i. The subject property is within city limits of the City of Meridian.
12. The entire parcel of the property is included within the Meridian
Urban Service Planning Area as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan.
13. The Applicant proposes to develop the subject property in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/
CROSSROADS MALL/(RZ-99-007) - 4
following manner: continued construction and development of the Meridian Family
Center/Meridian Crossroads Mall.
14. The Applicant's requested rezoning of the subject real property as
Community Business District (CC) is consistent with the commercial designation
pending with the Meridian City Council on amendment of the Meridian
Comprehensive Plan Generalized Land Use Map which would designate the subject
property as Commercial, there is a pending application for amendment to the
Comprehensive Plan from Single Family Residential to Commercial. If the
Comprehensive Plan change is granted, this application would be consistent with the
Comprehensive Plan Generalized Land Use Map.
15. There are no significant or scenic features of major importance
that affect the consideration of this application.
16. The subject application for rezone and the proposed development
relates and is compatible to the goals and policies of the Comprehensive Plan of the
City as follows:
16.1
Commercial and retail areas are established along the Fairview
Avenue corridor. Section #4 of the Comprehensive Plan
Commercial Activity Centers, states - The location of Commm:t_ity
Shopping Centers should be guided by performance and
development standards ~vhich consider that Commercial Activity
Centers be located in proximity to other commercial
developments and minimize impacts upon other adjacent areas.
16.2 The Commercial Policies Section states - Community Shopping
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/
CROSSROADS MALL/(RZ-99-007) - 5
Centers will be encouraged to locate at arterial intersections and
near high-traffic intensity areas.
17. In review of the application for rezone it is provided at Section
11-2-416K of the Municipal Code for the General Standards that the Commission
and Council review this proposed zoning amendment and pursuant to the criteria of
said section finds that:
17.1 The area included in the zoning amendment is not
intended to be rezoned in the future;
17.2
That the applicant is agreeable to a requirement that all
development of the subject real property be accomplished
under the conditional use process, which is found as a
reasonable condition of granting the application to be
imposed by a development agreement;
17.3
The proposed use will be designed, constructed, operated
and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the
general vicinity and that such use will not change the
essential character of the same area, subject to the
conditions of the conditional use process;
17.4
The proposed use will not be hazardous or disturbing to
existing or future neighboring uses, subject to the
conditions of the conditional use process;
17.5
The area will be served adequately by essential pUblic _
facilities and services such as highways, streets, police a~d
fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment
of proposed zoning amendment shall be able to provide
adequately any of such services;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/
CROSSROADS MALL/(RZ-99-007) - 6
17.6
17.6.1
17.6.2
17.6.3
17.6.4
The use will not create excessive additional requirements' at
public cost for public facilities and services and will not be
detrimental to the economic welfare of the community.
subject to the conditions of rezone in conjunction with the
conditions of development as required in the Development
Agreement required in AZ-99-012 "In the Matter of the
Application of Developer Diversified Realty Corp., the
Application for Annexation and Zoning of 13.09 acres for
Expansion of Family Center and Crossroads Mall, 4000 E.
Fairview Ave., Meridian, Idaho" set forth as follo~vs:
Dedicate sufficient additional right-of-way to total
60-feet from section line of Fairview Avenue
abutting the entire site. The right-of-way shall be
dedicated by means of recordation of a final
subdivision plat or execution of a warranty deed
prior to issuance of any Certificate of Occupancy.
Dedicate 76-feet of right-of-way (38-feet from the
centerline) for Records Drive from Fairview Avenue
to a point 300-feet south of Fairview Avenue and
60-feet of right-of-way (30-feet from centerline) for
Records Drive from that point to the south
boundary of the parcel by means of recordation of a
final subdivision plat or execution of a warranty
deed prior to issuance of a any Certificate of
Occupancy.
Construct a 5-foot ,,vide concrete sidewalk on
Fairview Avenue abutting the site (approximately
822-feet total) prior to issuance of any Certificate of
Occupancy. The construction plans for the
development showing the sidewalk must be -
approved prior to issuance of a building permit. -'
Prior to opening of the development, construct
pavement widening on Fairview Avenue to add one
eastbound lane from Records Drive to the east
property line.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/
CROSSROADS MALL/(RZ-99-007) - 7
17.6.5
17.6.6
17.6.7
Construct a maximum of three driveways on
Fairview Avenue a minimum of 440-feet for a full
access driveway and 220-feet for a right-ltv'right-out
driveway from any public street intersection and
220-feet from all existing or proposed driveways.
The maximum driveway width will be 40-feet with a
minimum storage length of lO0-feet. Install a 36" by
36" high intensity STOP sign at the driveway's
intersection with Fairview Avenue. Construct
pavement tapers with 15-foot radii. Coordinate the
design, storage length and location of any proposed
driveways with District staff.
Construct Records Drive as a 65-foot street section
(with curb, gutter and 5-foot wide concrete
sidewalk) from Fairview Avenue to a point 300-feet
south of Fairview Avenue. Records Drive shall be
located approximately 2,100-feet east of Eagle Road.
Widen the approach to Fairview Avenue to provide
two northbound left turn lanes and one northbound
through/right-turn lane. Two southbound lanes are
needed from Fairview Avenue to a point 300-feet
south of Fairview. Dedicate sufficient right-of-way
for the noted improvements.
Construct a traffic signal at the Fairview
Avenue/Records Drive intersection. Provide and
install an Opticom device for emergency vehicle pre-
emption of the signal to the satisfaction of ACHD
and the Meridian Fire Department. Other materials
for the traffic signal are to be purchased from
ACHD or be demonstrated to meet ACHD
specifications. The signal should be designed to -
allow the future construction of dual left-turn laffes
on Fairview Avenue. The applicant will be
responsible for the entire cost of the signal
installation. Submit the signal design to District
staff for approval prior to construction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/
CROSSROADS MALL / (R_Z-99-007) - 8
17.6.8
17.6.9
17.6.10
A maximum of three driveways are approved on
Records Drive. The driveways shall be located a
minimum of 175-feet south of Fairview Avenue and
aligned or offset 150-feet from all existing or
proposed driveways. The driveways shall be
constructed as 24 to 30-foot curb return driveway
with 15-foot curb radii. The minimum storage
length shall be 50-feet. Install a 36" by 36" high
intensity STOP sign at the driveway's intersection
with Presidential Drive.
Other than the access points specifically approved
with this application, direct lot or parcel access to
Records Drive or Fairview Avenue is prohibited.
Applicant shall submit a revised legal description to
meet all of the criteria required by Meridian City
Resolution 158, and the Idaho State Tax
Commission for the rezone.
17.6.11
Applicant shall prepare and submit a subdivision
plat for any splitting of property.
17.6.12
Applicant shall satisfy all fire code requirements
including those pertaining to water flow and fire
hydrants.
17.7
The proposed use will not involve a use, activity, process,
material, equipment and condition of operation that will
be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors, subject to the conditions of
the conditional use process; -
17.8
The area will have vehicular approaches to the property
which shall be so designed as not to create an interference
with traffic on surrounding public streets, subject to the
conditions of development herein imposed as conditions of
granting this application;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/
CROSSROADS MALL/(RZ-99-007) - 9
17.9 The use will not result in the destruction, loss or damage of
a natural or scenic feature of major importance; and
17.10 The proposed zoning amendment is in the best interest of
the City of Meridian.
18. The legal description of the property that is the subject of this
application for re-zone is as folloxvs:
A parcel of land located in the NE i/4 of the NW 1/4 of Section 9, T.
3N., R. 1E., B.M., Ada County, Idaho, more particularly described as
follows:
Commencing at the comer common to Sections 4, 5, 8 and the said
Section 9, thence South 89°22'10'' East, 2659.63 feet to the 1/4 corner
common to said Sections 4 and 9; thence South 0°48'14'' West, 49.74
feet to a point on the southerly right-of-way of Fairview Avenue, said
point being the Real Point of Beginning.
Thence continuing along the north-south mid-section line South
0°48'14'' West, 831.11 feet to a point;
Thence North 89°35'32'' West, 596.18 feet to a point;
Thence North 0°25'00'' East, 831.11 feet to a point on the southerly
right-of-way of FairvieTM Avenue;
Thence along said right-of-way South 89°35'24'' East, 601.79 feet to the
Real Point of Beginning. Containing I 1.42 acres (497,816 square feet),
more or less.
CONCLUSIONS OF LAW
1. The Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within the City and State.
2. The City of Meridian has exercised its authority and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/
CROSSROADS MALL / (RZ-99-007) - l0
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
tMeridian adopted December 21, 1993, Ord. No. 629, January, 4, 1994.
3. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
3.1
3.2
Commercial and retail areas are established along the Fairview
Avenue corridor. Section #4 of the Comprehensive Plan -
Commercial Activity Centers, states - The location of Community
Shopping Centers should be guided by performance and
development standards which consider that Commercial Activity
Centers be located in proximity to other commercial
developments and minimize impacts upon other adjacent areas.
The Commercial Policies Section states - Community Shopping
Centers will be encouraged to locate at arterial intersections and
near high-traffic intensity areas.
4. The requested zoning of Community Business District, (C-C) is
defined in the Zoning Ordinance at I 1-2-408B(9) as follows:
(C-C) Communi_ty Business District: The purpose of the (C-C) District
is to permit the establishment of general business uses that are of a
larger scale than a neighborhood business, and to encourage the
development of modern shopping centers with adequate off-street
parking facilities, and associated site amenities to serve area residents
and employees; to prohibit strip commercial development and enco~age
the clustering of commercial enterprises. All such districts shall have'
direct access to a transportation arterial and collector and be connected
to the Municipal Water and Sewer systems of the City of Meridian.
5. Idaho Code § 67-6511 provides and requires that the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF I 1.4 ACRES BY DEVELOPERS DIVERSIFIED R. EALTY CORP/
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/
CROSSROADS MALL/(RZ-99-007) - I I
shall establish bv ordinance one or more zones or zoning districts in accordance with
the adopted Comprehensive Plan and the ordinance establishing zoning districts can
be amended with particular consideration given to the effects of any proposed zone
change upon the delivery of services by any political subdivision providing public
services, including school districts, within the City's planning jurisdiction and that it
is in conformance with the Comprehensive Plan.
6. Idaho Code § 67-651 IA provides:
Each governing board may, by ordinance adopted or amended in
accordance with the notice and hearing provisions provided under
section 67-6509, Idaho Code, require or permit as a condition of
rezoning that an owner or developer make a written commitment
concerning the use or development of the subject parcel. The governing
board shall adopt ordinance provisions governing the creation, form,
recording, modification, enforcement and termination of conditional
commitments.
7. The City of Meridian by the adoption of § 11-2-416L has
'exercised its authority to require or permit as a condition of rezoning that an owner
or developer make a written commitment concerning the use or development of the
subject property.
8. § I I-2-407 A ZONING DISTRICT MAP provides in part as
follows:
The districts established in this Ordinance as shown on the
Official Zoning Map, together with all explanatory matter thereon, are
hereby adopted as part of this Ordinance. Where uncertainty exists
with respect to the boundaries of any of the zoning districts as shown
FINDINGS OF FACT AND CONCLUSIONS OF' LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/
CROSSROADS MALL / (RZ-99-007) - 12
on the Official Zoning Map, the following shall apply:
8.1
Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of-way lines,
streams, lakes or other bodies of water, the centerline shall be
construed to be such boundary;
8.2
Where district boundaries are so indicated that they
approximately follow the lot lines, such lot lines shall be
construed to be said boundaries;
8.3
Where district boundaries are so indicated that they are
approximately parallel to the centerlines or street lines of streets,
or the centerlines or right-of-way lines of high~vays, such district
boundaries shall be construed as being parallel thereto and at
such distance therefrom as indicated on the Official Zoning Map.
If no distance is given, such dimensions shall be determined by
the use of the scale shown on the Official Zoning Map; and
8.,t
Where the boundary of a district follows a railroad line, such
boundary shall be deemed to be located in the middle of the main
tracks of said railroad line.
9. § I 1-2-416 K of the Municipal Code GENERAL STANDAKDS
'APPLICABLE TO ZONING AMENDMENTS provides in part as follows:
The Commission and Council shall review the particular facts and
circumstances of each proposed zoning amendment in terms of the
following standards and shall find adequate evidence answering the
following questions about the proposed zoning amendment:
9.1
The new zoning will be harmonious with and in accordance
the Comprehensive Plan.
9.2 The area is not intended to be rezoned in the future.
9.3
The area is intended to be developed in the fashion that is
allowed under the new zoning.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF I 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/
CROSSROADS MALL / (RZ-99-007) - 13
9.4
There has been no change in the area or adjacent areas ~vhich
would dictate the area should be rezoned.
9.5
9.6
9.7
9.8
9.9
9.10
9.11
9.12
The proposed uses will be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance with
the existing or intended character of the general vicinity and that
such use will not change the essential character of the same area;
The proposed uses will not be hazardous or disturbing to existing
or future neighboring uses;
The area will be served adequately by essential public facilities
and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water, sewer or that the
person responsible for the establishment of proposed zoning
amendment shall be able to provide adequately any of such
services;
The use will not create excessive additional requirements at
public cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
The proposed uses will not involve uses, activities, processes,
materials, equipment and conditions of operation that ,viii be
detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
The area will 'have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic
on surrounding public streets;
The use will not result in the destruction, loss or damage of a-
natural or scenic feature of major importance; and
The proposed zoning amendment is in the best interest of the
City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF I 1.4 ACRES BY DEVELOPERS DIVERSIFIED RF_dkLTY CORP/
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/
CROSSROADS MALL / (RZ-99-007) - 14
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND
FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH
ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order:
1. The Applicant's request for rezone of approximately I 1.4 acres
for continued construction and development of the Meridian Family Center/Meridian
Crossroads Mall is granted, subject to the terms and conditions of this Order
hereinafter stated; and
2. The City Attorney was directed in Case No. AZ-99-012 to
prepare a development agreement in accordance with the general form used by the
City of Meridian for such agreements, with the following special terms and
conditions which also relate to in this application to-wit:
2.A That the Development Agreement shall also include and contain
the conditions of and for the real property which is the subject of
rezoning application, Case No. KZ-99-007.
Conditions of Use:
2.1 All development and uses for and of the proposed development
shall be developed under the conditional use permit process as a
planned development. -
Conditions of Development:
· 2.2 Dedicate sufficient additional right-of-way to total 60-feet from
section line of Fairview Avenue abutting the entire site. The right-
of-way shall be dedicated by means of recordation of a final
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/
CROSSROADS MALL / (RZ-99-007) - 15
2.3
2.4
2.5
2.6
subdivision plat or execution of a warranty deed prior to issuance
of any Certificate of Occupancy.
Dedicate 76-feet of right-of-way (38-feet from the centerline) for
Records Drive from Fairview Avenue to a point 300-feet south of
Fairview Avenue and 60-feet of right-of-way (30-feet from
centerline) for Records Drive from that point to the south
boundary of the parcel by means of recordation of a final
subdivision plat or execution of a ,varranty deed prior to issuance
of a any Certificate of Occupancy.
Construct a 5-foot wide concrete sidewalk on Fairview Avenue
abutting the site (approximately 822-feet total) prior to issuance
of any Certificate of Occupancy. The construction plans for the
development showing the sidewalk must be approved prior to
issuance of a building permit.
Prior to opening of the development, construct pavement
widening on Fairview Avenue to add one eastbound lane from
Records Drive to the east property line.
Construct a maximum of three driveways on Fairview Avenue a
minimum of 440-feet for a full access driveway and 220-feet for a
right-in/right-out driveway from any public street intersection and
220-£eet from all existing or proposed driveways. The maximum
driveway width will be 40-feet with a minimum storage length of
lO0-feet. Install a 36" by 36" high intensity STOP sign at the
driveway's intersection with Fairview Avenue. Construct
pavement tapers with 15-foot radii. Coordinate the design,
storage length and location of any proposed driveways with
District staff.
2.7
Construct Records Drive as a 65-foot street section (with curb,
gutter and 5-foot wide concrete sidewalk) from Fairview Aven~e
to a point 300-feet south of Fairview Avenue. Records Drive shall
be located approximately 2,100-feet east of Eagle Road. Widen
the approach to Fairview Avenue to provide two northbound left
turn lanes and one northbound through/right-turn lane. Two
southbound lanes are needed from Fairview Avenue to a point
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 11.a, ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/
CROSSROADS MALL / (RZ-99-007) - 16
2.8
2.9
300-feet south of Fairvie~v. Dedicate sufficient right-of-~vay for'
the noted improvements.
Construct a traffic signal at the Fairviesv Avenue/Records Drive
intersection. Provide and install an Opticom device for emergency
vehicle pre-emption of the signal to the satisfaction of ACHD and
the Meridian Fire Department. Other materials for the traffic
signal are to be purchased from ACHD or be demonstrated to
meet ACHD specifications. The signal should be designed to
allow the future construction of dual left-turn lanes on Fairview
Avenue. The applicant will be responsible fo? the entire cost of
the signal installation. Submit the signal design to District staff
for approval prior to construction.
A maximum of three driveways are approved on Records Drive.
The driveways shall be located a minimum of 175-feet south of
Fairview Avenue and aligned or offset 150-feet from all e.xisting or
proposed driveways. The driveways shall be constructed as 24 to
BO-foot curb return driveway with 15-foot curb radii. The
minimum storage length shall be 50-feet. Install a 36" by 36"
high intensity STOP sign at the driveway's intersection with
Presidential Drive.
2.10
2.11
Other than the access points specifically approved with this
application, direct lot or parcel access to Records Drive or
Fairview Avenue is prohibited.
Applicant shall submit a revised legal description to meet all of
the criteria required by Meridian City Resolution 158, and the
Idaho State Tax Commission for the rezone.
2.12
2.13
Applicant shall prepare and submit a subdivision plat for any
splitting of property.
Applicant shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/
CROSSROADS MALL / (RZ-99-007) - 17
3. The City Attorney shall prepare for consideration bv the
City Council the appropriate ordinance for the re-designation of the zoning for the
real property ~vhich is the subject of the application to (C-C) Community Business
District (§ 11-2-408 B (9) of the Revised and Compiled Ordinances of the City of
Meridian) which ordinance shall be considered for passage subsequent to the
applicant having executed the development agreement.
4. Subsequent to the passage of the Ordinance, provided for in
Se6tion 2 of this Order, the engineering staff of the Public Works Department shall
prepare the appropriate mapping changes of the official Zoning Maps as provided in §
11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in
accordance with the provisions of the rezoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF I 1.4 ACRES BY DEVELOPERS DIVERSIFIED RF~LTY CORP/
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/
CROSSROADS MALL / (RZ-99-007) - 18
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of
the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a
person who has an interest in real property which may be adversely affected by the
issuance or denial of the rezoning may, within twenty-eight (28) days after the date
of this decision and order, seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
(:> , 1999.
ROLL CALL
By action of the City Council at its regular meeting held on
COUNCILMAN RON ANDERSON
COUNCILMAN GLENN BENTLEY
COUNCILMAN KEITH BIRD
COUNCILMAN CHARLIE ROUNTREE
MAYOR ROBERT COtLRIE (TIE BREAKER)
DATED: //-/~-q~
VOTED
VOTED
VOTED
VOTED
VOTED
MOTION:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF I 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/
CROSSROADS MALL / (RZ-99-007) - 19
APPROVED:
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
City Clerk
ms§/Z:\Work~4~vleridian 15360M~)evelopers Divcrsifico~fsCIsOrderREZ
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/
DAKOTA CO. FOR EXPANSION OF MERJDIAN FAMILY CENTER/
CROSSROADS MALL/(RZ-99-007) - 20