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Crossroads Family Center AZ 99-012 RZ 99-007, w , '0~.'~ ~aa~ c~u~rY ~~c r•,o~~ J. DAYIp ~lAbARRfl E30lSE, lQ~H~ 2oao ~~~ - ~ P~ ~: o~ ~OR~~D"~EQUEST Or C~ ~-. ~c~ p~PU~~ __ ~~ ~ o00~~~50~ .. P~ DEV~Y.QPIVIENT AGREEMENT 01-31-Ot} FA.RTi~S: I. City o€ Meridian 2. Developers ~7ivc~sified Realty Corporation, developer, for (,A~99-012) and (TtZ-99-007) 3_ Terrace Lawn Memorial Cardens, Inc., an Ida}~o corporation, owner, for (A7.-99-012) ~ 4. Hermes Assaciates, I,TD, a Utah [,imited Partnership, owner, (R7,-99-007) THiS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ~f s~ day of ~G~,G~v ,'1000, by and betw+een CTI'Y OF M~RIDLA,N, a nntunitipa~l corpozataon vf the State of ldaho, hereafter called "CI'T'Y", and DErI'~TAPEYtS DYV~~ZSI~~Eb RE.ALIY CORPORATION, "DEVELUPER" whose address is 3300 ~nterprise Pazkway, Beachwood, Qhio 44122, and HERMES ASSOGIATES, LTD, A CTTAH LIMiT~D PARTNE~SHIP, "OWNER" whose address is r/o bevelopers Diversified Realt.y Corporation, 3300 Enterprise Parkway, Beachwood, Ohio 44 I 22, and ?'ER~1,C~ IAWN MEMORIAL GARDENS,I~1C., "QWNER" whose address is I200 N. Ctoverdale Road, Boise. Idaho. I: RECITALS: 1. l WHEREAS, "Terrace ~.awn Memorial Gardens, Inc." and °Developers Diversified Rcalty Corporation'° are t~le owners, in law and/or equity, of certain tract of land in the County o~ Ad~, 5tate of Idaho, described in Exhibit A, whirh is attached hereto and by this reference in~orporated herein as if set forth in full, ~ierein after rcfe,rred to as the "Property 1' ; and 1.2 WH~~,AS, "OWNE~t" Hermes Associates, Ltd., a Utah X.imited Partnership, is the sole owner, in 1aw and/ox equity, of certain tract of land in the County of Ada, State of Idaho, deseribed in Exhibit B, which is attached h~reto ~nd by th~s reference in~orporated hexein as if set forth in full, hereinaftex referred to ~s the "Propcrty 2"; and DEVLI.(WM~NT AGR~MENT - (AZ-yy-012 and R~')9-00~ -1 V ~ . 1.3 W~EREAS, I.C. ~67-6511A,, xciaho Code, provides that cities may, by ordinance, require or ~rmit as a concixtion of re-zoning that the owner or "Dcvcloper" make a written commitment conccrnang the use or development of the subject aPropdrty"; and 1.4 WHEREAS, "City" has exercised its statutory authority by the enacttnent of Meridian City Code §§ 11-7-I2 axtd i 1-I6-4 A, whiic•h authorizes cievelopment agreements upon the annexation and/or re- zoning vf land; and 1.5 WHEREA,S, "Developer" has submitted an application for annexation and zoning oC the "Pivperty 1" descsibed in F~xhibit A, a,zid has requested a designation of Community Business District (C- C). {Mecidian City Godc) Case No. AZ-99-OI2 -; and 1.6 WHEREAS, °Developern has submitted an application for rezone of the "Property 2A described in Exhibit 13, and has requested a designation of Community Business Disttict (C-C),(Me.ridian City Code) Case No_ RZ-99-007), xnd which will be developed in conjunction with Property I . 1..7 WHER~,A,S, "Developex" has made representatians at the public hearings and intends to develop ihe propeXties which are the subjr.ct af the above referenr.ed proceedings as a mixed use shoppis~~ center; and 1.8 WHERFA,S, record af the proceedings fo~ the requested annexation and zoning dpsignatio~ of the subjcct "Properties" held befor~ the Planning & Zoning Commission, amd subsequently befom th~ City Council, include responses of go~vemmerit subdivisions providing s~rvices wit~titn the City of Mezidian plarming jur~sdiction, and received further t.estimony and comment; and ,I iaq9 1.9 WH~~tF.AS, City Council, the ~~ d.ay of l~ov~be% 2~0, has approved certain anr-exation and zoning Findings of Fact and Canrlusions of Law autd Dedsion and 4rder, Gase No. AZ-99-0 ~ 2, set forth in Exhibit C, which are attached hereto and by this DEV~LAPMENT AGREF.M~NT -(AZ-99-p 12 8nd RZr99-00'n - 2 ~ • reFereance xn~orporated herein as if set forth in full, hereinafter refcrxed to as (the "Findingsn); and (q~'9 1. I 0 WHEREAS, ~City Council, the ~~D~~ day of I~VP,~nbCr~ ~A99, has approved ct-_rt'ain ~zone Findings of Fact and Conclusions of I,aw and Decision and Ord~r, Case No. RZ-99-OQ, set forth in Exhibit D, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinaher referxed to as (the ~Finciings"); and ~.~ I WHERF.AS, both tlie "~indings" require the "Developer" and "Owners" to entex x~ntv a development agteement before t_he City Council takes finai artaon on annexation and zoning and z~e-zvning c~esignation; and I_ 12 "DEVELOPER" deems it to be in its best interest to be able co entec into this Agreement and acknowledges that this Agreement was entered into volur-t.axily and at its ur~tng and requests; and 1.13 WHEREAS, ~City" requires the "Developer" to e.nte.r into a development agreement for the pt~rpose of ensuring that "property I" and "Property 2" are developed, and the subsequent use of the °Pt+operties" is, in aceordance with the terttis and conditio~ns of this derrelopment agrecment, herein being establish~d as a result of evid~nce received by the "City" in the proceedings for annexation and zoning ai-d re-zoning designation from government subdiviisions providing sr.rvices ~thin the plantting jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordanee with th~ Comprehe.nsive Plac~ of the City of Meridian ~dopted De.ce.mber 2 i, 1 y93, Ord.inance #b29, January 4, 1994, and the Zoning and Deve]oplnent Ord.inance cotlified in Title I 1, Municipal Code of th~ City of Mexidian. N~W, 'I'~EREFOR,~, in consideration o~ the covenants and conditions set forth herean, thc pa~taes agre~ as follows: 2. INC:ORPO~tATIOXV OF RF,CITALS: That the above recita~s are c:ontraccual and binding artd are incorporated herein as if set forth in fu,ll. DEVEL(1~IV1' AGEtEEMENT -'(AZ-19-O12 and RZ-99~)07) - 3 ~ r~ ~ 3. riEFINY'~'IONS: ~or all purpases of this Agreement the following v~-ords, terms, and phrases herein contained in this section shall be defined and interpreted as herein px~vided for, uniess the clear context of the presentation of the same requirc.s otherwise: 3, ~ "CITY": means anci refecs to the City of Meridian, a party to this A:greement, which is a:nunicipal Carporation and governme.zrt subclivision of the state of ldaho, organized and existing by vartue of law of thc State of iciaho, whose add~ess is 33 East Iciaho Avenue., Meridian, Idaho 8~642. 3.2 "DEVELO~'ER": means and refers to Developers Diversified Realty Corporation, and its sucxessors, assigns and affiliates, whose address is 3300 Enterprise Parkway, Beachwood, Ohio 44122, the party developing "Property !" and/or "I'xoperiy 2" and shall include any subsequent owner(s}/dcveloper(s) of the "Pmperty". 3,3 "Q'WIVER 1": meaos and refers to Owners of Property ~1, Exhibit "A", 7'errace Iawn Memorial Gardens, inr_, wh4se address is 1200 ~1. Cloverdale Ro~d, Boise, Idaho. 3.4 "01NNER 2": means and refe.rs to Owner of Property 2, Exhibit B, , and Hermes Associat~s, LTD, a Utah I.imiteci Partnership, whose address is c% Developers Diversified Realty Corporatatozt, 3300 Enterprise Parkway, Be~ach~rood, Ohio 44122. 3.5 "PROPER'X'X 1": means and refe~ to Property l, av-rnt~d by Terrace Lawn Memorial Gardens, Inc. and Developers Diversifi~d Realty Coxporation, 3300 Ent.erprise Parkw~y, Beachwood, Ohio 44 ! 22, which are those cercain parcel(s) of "Property" loeated in the Counl.y of Ada., City of Meridian as described in Exhibit "A" and "A-1 ", attached hereto and by this reference incoiporated herein as if set forth at length. 3.6 "PROPERTY Z": means and re.fe.rs to Hermes Associates, LTD, a Utah Limited Partnez~ship, thaxe r~e~tai~n p~rcel(s} o~ "~roperty" located in the County of Ada, City of Meridian as dcsctsbed in DEVELUPMEN'F AGRE~MENT -(AZ-99-012 and RZ-99-007) - 4 ~ ~ Exhxbit "$", attached hereto aa~d by this reference incorpvrated hereiTi as if set forth at lengt.h. 4, ~or purposes of this Ag~re~ment, Owner 1's responsibilities shall b~ subject only to those provisions of this Agreement which make reference to propert,y I, even though for ease of refearen~e there are numecous references to Developer/Ownex_ ~ 5. US~S P~RMITTED BY THIS AG~EMEN'~': S.1 The uses ~llowed pursuant to this A~reement aze only those uses atlowed under "City"'s Zoning Qrdinance codified at Meridian City Code ~1 I-7-2 1 whi~h az~r herein spec7ified as follows: (C-C) Community Busx~ness Y7istcict: '~h~ purpose of the (G-G) District is to permit the establishment o£ general business uses t.~iat are of a lazger scale than a neighborhoai business, and to encourage the development of modern shopping centers with adequate ofE street parking facilities, acid assocaated site amenities to s~xve area residents and emp~oyees; to prahibit strip co~cnzneaccia! deve.lopment and encouzage tk~e c~ustering of comxneraal entexprises. A.1~ such districts shall have ciirect access t.o a transportation arterial and c.olle~tor and be connec.ted to the Municapal Water and Sewer systems af the City of Mericlian. With che further r~striction that all uses and development of the subject real property shaJl b~ govemed uncie.r the conditional use perm~t pxoeess as a planned development. Foi th~ con.structian and developmrnt of a cwmmer~cial chnppin~ centcr: S.2 No change in the uses specti~ed in this Agreement shal! be allowed without modification of this Agreerneant. 6. D~'V~L4PMENT AS CONDI'1'~ONAI. USE: ~Devdoper/Uwner I/Owner 2" has submitted to "City" an applir.~tivn for cond.itional use petmit, and shall be required to obtain the "City"'s approva! thereof, in accordance to the DEVELAPM~NT AGREEMENI' -(A~-99-012 and 1tZ-99-007) - S • -_J City's 7•on~ng & ~7evelopment Qrd~naxzce cr~teria, therein, provided, prior w, :~nd as a condiiion of, the commencement a~ constrc~ction of any buildings or improvements on the "Property 1" andlor "Property 2". 7. CQND~'I'~UNS GOVERN'iNG riEVELOPMENT Q~ SUBjECT ~'ROPERTY: 7_A ~Develop~r/Ownex 1/Owner 2" shall develop the "P~copexty" in accordance with the following special conditions: 7_ 1 Dedicate su£fictient adciitional right-of-vvay to total 60-feet from section ~ne of Fauview Avenue abutting the eiltire site. The right-of- wa_y sha,ll be dedir.~te.d by means of recordation of a final subdivision plat or execution of a wananty deed prior ta issu~nce of any Certifirate of OccupaxtCy. 7.2 Dedicate 76-f~et of ~ight-of-way (38-feet from the cxnterline) for R,ecords Drive frattt kairview Avenue to a point 300-feet south of Fairview Avet~ue ~und 60-feet vf right-of-way (30-feet ftom centerline} for Records Drive &om 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 A,da County Highway District priar t.o issuanoe of a any C,ertificate oF Occ~panry. 7_~ Construct a 5-Eoot wide concrete sidewallc on Fairview Avenue abutting "Propetty I" and "Prope~t.y 2" (approx~innately 822-feet total} paor to issuance of any Certaficate of Occupancy. The ~onstruction plans for the developmertt of any portion oE °`Property 1 u or "Prope.~ty 2" shawing the sidewalk must bc approved prior to issuance of a building per~nit for the Yespective portion of ~Property I" or "~'roperty 2" 7.4 Prior to opening any busiuness on any portion o£ "Property 1." or "Property 2", construct pavement widening on Fairview A,venue adjaaent the prope.rty upon which such store wiU open to add one eastbound lane from Records Drive to the east property line of such ProPertY• DEVELOPM~NT AGREEMENT -(A~9S1-01 Z and RZ-99-Op~ - 6 ~ ~ 7.5 Construct a maximum of three driveways on Fairview Avenue a minimum of 440-feet for a fitll a~r.~ess driveway and 220-feet for a right-in/right-out driveway firom any public street int~section and 220-feet from ali e.xisting or proposed driveways. Tlte inaximum driveway width wili be 40-feet with a minimum storage length of 100-feet. Install a 36" by 36° high intensity STOP sigt~ at the driveway's intersection with Fairview Avenue. Construct pavennent tapers with 1 S-foot radii. Coordin~te the design, stocage iength atid location of any proposed driveways with Ada County Highw~y District staff. 7.6 Construct Recorcis ~ve as a 65-foot street section (with curb, gutter and 5-foot wide ~onarete sidc~walk) from Fairview A,venue to a point 30()-feet south of Fairvi~w .A,venue. Records Drive shall be located approximately 2,100-feet east of Eagle Road. Widen the approach t~ Fairriew Avenue tv provide two northbound left turn lanes and one narthbound throug~t/xight-turn lane. Two southbound lanes are needed from Fairvxcw .A.venue to a point 300-£eet south of Fairview. Dedicate sufficiet~t ~ight-of-way for the noted improvements. 7_7 Canstiuct a traffic signal at the Fairview Ave.~c~ue/Records Drive irtt~section. Pravide at~d install an Opticom devioe for emergency ve:hicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fir~ 13eputment. Other matenals for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHp specifications_ The signal should be designed to allow the future canstruction of dual ~eft-tum lanes o~t Fairview Avestue. The applicant will be ~+esponsible for the r.ntire cost of the signal installation. Submit the si~gnal design to Disirict st.aff for approval priar to ~onstruction. 7.8 A maycimum of three drivewatys are approved on Records L7rive. T'he driveways shali be Iacated a minianum of 17S-feet south vf Fairview Avenue and a~igned or o#~set 150-ktt from all existing or proposed driv~ways. The driveways shall be rnnstcucted as 24 to 30-foot curb rettun driveway with 1 S-foot curb radii. The minimwxt storage length Shall be safe~t, lnstal~ a:;6n by 3b" high intensity STOP sign at the drivevw~ty's intersection with X'residential Drive. DEV~LOP1V~iVT' AGREFMENT -(AZ-9J~12 and ItZ-99~0'n - 7 ~ ~ 7.9 Other than the access points spedfi~ally approved with this application, direr.t lot or p~rcel acc~ss to Records Drive or ~airview Avenue is prohibited. 7.10 Applicant shaa~ submit a revised legat description to meet a~l of the triteria requi~red by Meridian City Resolution l S8, and the Idaho State Tax Comitussion fpr the rezone. 7.1 i Applicant shall prepar~ aztd submit a subdivision plat fox any spiitting oE prope~ty_ 7.12 Applicant shall satisfy all fixe code requirements including those pertaining to water E~ow and fire hydrants. 8. CUNIPLIANC~ PERIOD/ CON5ENT 'X'O REZONE: This A.greemcnt and the coinmitments cont~'tned hen.~irl shall be tenninat~d, and the zoning designation reversed, upan a default of the `Developer/Owner 1/awner 2p oX "Developer/Owner 1/~wner 2~'s heirs, successo~cs, assigns, to oomply with Seccions 5 and 7 entitled ~Conditions Governing Developme.nt of subject °Property" of this agreemeni within two (2) years of tltr. date this Agreement is effective, and afcer the ~City" has complied witkl the notic.e and hearing prooedures as outlined in I.C. ~ 67-6509, or atty subseque.nt amendments or reoodifir.ations thereof. 9. CONSENT T4 DE-ANNEXA'TXUN A~1U REVERSAL QF ZONING DESIGIVA,TION: "Dcveloper/Owner I/Owner 2" consents upon de£ault to the de-annexation ancVor a reve.rsal of the zonin~ designauon of the "Property" to which the default applies subjee.~t to and conditioned upon the foliowing cAnditions precedent tawit: 9.1 That the "City" pzovide wtitten notice o£ any failure to comply with this A.~reement to °De~vel~per/Owner tl0wne:r 2" au~d if the "Develop~r/Owxier 1/Owne.~ 2° Fails to cuure such failure within six (6) months oF such notic.e. 10. INSP~CTTON: "Developer/Qwner !/Owner 2" shall, im~mediately upon complet.~on of az~y portion or the entirety of said developme.nt of the "Property" as requixe.d by this agrr.ement or by City orciinance or policy, natify the City DLVELOPMEIJT AGREEMENT -(AZ-I9-0l2 a~ RZ-9~--00~ - 8 • • Engineer and request the City Eztg'-neer's inspections and written approval of such completed im~XOVements or portion thereof in accordanoe with the terms utd conditions of this Developtxient Agreem~nt and all other ordinanc.es of the "City" that apply to said Development. I1. AEkAULT: 1 1.1 !n the e~vent "Developer/C~wne.r 1/Owner 2~, "Deve~oper/Ownex 1/ C?wner 2"'s heirs, successors, assi~ns, ar subsequent awners of the "Property" or axty other person acquiring an interest in the "Property", £ail to faithfully mmpiy with all of the terms and conditions included in this Agreemeztt in connection with the "property", this Agmemr.nt may be modified or ternninated with respect to the "Prape~t.y" which is in default by the "Cit.y" upon complianee with the n~quirements of the Zoning Ordinance. 11,2 A waiver by "City" of any default by "Develo~lOwner ~/Owsier 2" of any one or more of the covenants or condi~tions heceof shall apply solely to the breach and breach~s waived and shall not bar asiy other rights or ~remedies of "City" or a~ply to aat~y subsequrnt breach of any such or other coven~nts and conditions. ~ 2. REQUi~MEN'~' ~4R RECpKDATTON: "City" shall record either a ctlemorandum of this Agreement or thi.s Agreement, including all o£ the Eychibits, at "17eveloper/~wner i/Owner 2"'s cost, and submit proof of sueh recording to "i~eveloper/Ovmer 1/Owner 2", prior to the tttird reading of the Merid.i~an Zoning Ordinance in connection with the annexation and zoning ot the "Prnperty" by t.he City Council. !f for any reason a£ter such retrordation, the City Council fails to adopt the ordinance in connertion witkt the annexation and zoning of the "Property" contemplated hereby, the "City~ sltall execute and record am appropriate instrurt~ent of r~lease of tlus Agree~nent. 13. ZQNING: "City'° shall, following recordation of the duly approved Agreexnent, er~act a valid and hinding ordina~t~cx zorung the "Propcrty" as speciRed hereirt. . i 4. ~M~~IES: This Agreement shall be enforceable iz~ any ~:ourt of compr.tent jurisciiction try eithe~ "City" or "D~veloper/4wner I/~wner 2", or by DF•VL1.OP'MLNT AGREEM6IV7' -(AZ-99-012 ard RZ-99-W~ - 9 ~ 5~ any successor or successocs in title or by the a.SS~gns of the parti~s hereto. Enforcement may be sought by an appropnate ar.tion at law or in ec~uity to sccurc ; the specific per£onmance of the covenants, agreements, c.onci~ti.ans, and obligations contained herein. 14,1 In the event of a material breacln of lhis Agreement, the parties agree that "City" and °Developer/4wner l/Owner 2" sha1~ have thi~rty (30) days ~ft~ delivery of notice of said breac.h to cori'ect the same prior to the non-breachxng patty's seeking of any remedy provided for herein; pXOvidGd, however, that in the case of any such default whie.l~ cannot witk- diligenee be cured within such thirty (34) tl.~Y pexiod, if the de£aulting party shall commence to cure the sanne within suCh t.h'uty (30) day period and thereafter shall proser.ute the ~uring of same with diligence arid cantinuity, then tlte time allowed to cure such failure may be extended for such period as may be necessary to comp(ete the etuxng of the same with dili~ence and mntinuity. 14.2 In the event the perforntance of any covenant to be performed hereunder by either "X7eve~opedQwn~ ~/~'~' 2p or "City" is delayed fo~ r~»ses which are beyond the r~asonabl~ control of the party responsible Eor such perfocmance, w-h-ch shall include, without lixxtitation, acts of civil disobedience, strikes or similar causes, the time for such perforniance shall be extended by the amount of time of such dc{ay. 1.5. SU~1'X' O~ P~RFORMANCF: The "Ci~y" may a~so reqture surety bonas, ;nrcvocable letters of credit, cash deposics, certified flterk or negotiable bQnds, as allowed under Meridian City Codc § 1 Z-S-3, to 'inswre that installation of tltc impro~~n~ents ~quired in seclion 7 of ~tlus agreement, which the "~e~velopet'I~~er 1/4wm~r 2" agrees t.o provide, if required by the "Caty". 16. CERTIFYCA'I~ OF OCCUPANCX: The aDeveloperJOwner l/Owme.r 2" ag~rees that ~o Ce~rtificates of ~ccupanc.y will be issu~d until al,l improvements required in sedion 7 of this agreement are co~oc-pleted, unless the ~City" and "Developer/ChM-e.r 1 JOwner 2" have entercd inta a~ addendum agreement stating when the inlpravements required in section 7 of this agreememt will be rnmpleteci in a phased development; and in any eve.nt, no Certificates of Occupancy sha~l be DEVELOPMEN'T ACi~tELNIENr -~AZ'99-012 an+d RZ-99-0Q~ - 10 ~ . issued in any phase in which the improvements required in section 7 oF this agreement have not k~eext inscailed, compicted, and acoepted by t.he "City". ] 7. ABIDE BY Ax.L CXTY 4RDINANCES: That ~X7cweloper/~ter 1/Own~r 2° agrees to abide by all ordinanc:es of the Caty of Meri.diia~ ~td "~ro~earty 1" and/or "Property 2" as t he ~.~se ~ t t a y b e s h a l l b e s u b je c t to de-annexation if the owner or his ~ssigns, heirs, o~r succ.~ssors sha11 not mett the conditions contained in ~hc Findings of Fact and Con~lusions of X,aw, t~tis Development Agreement, and the Ordinances of the City of Meridi~an. Y 8. N4TICES: Any notir.e desireci by the parties and/ox requaxed by this q~reement shal! be deemed deiivered if and when personally deiivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage preNaid, return receipt requested, addressed as follows: CI'I'Y: cJo City Engineer City of Meridian 33 E. ldaho Ave. Mesidian, ID 83642 DEVELOPER Developers Diversified Realty Corporation. 3300 Enterprise Pazkway Beachwood, Ohio 44122 ATY'N: Eric M. Mallory GO Dakota Comp~ny, ~nc. with copy to: 3$0 E. Parkcenter ~lvd., Suite lU0 $oise, ldaho 83706 A7TN: L.ar~y Durkitn City Clerk C;ity of Mendian OWNER5: 33 E. ldaho Ave. Mtridian, lIJ 83642 "~p~y t ~ '~'en-ace Lawn M~ttorial Gardens, Inc. 1204 N. Cloverdale ~oad Soisc, Xdaho DEVELOP'MFNT AG1tLL~MEAfi' -(AZ'99-012 aad RZ-99-(l0'~ - t 1 • ~ c/o lpe,-e~opers Diversified Realty Corpvration, 3300 ~tetprise Pai'kw~y+ Beachwood, Ohio 44122 M~oP~, 2n Hermes Asso~iates, L'T~, a Utah Lim~ted Partnership do Developers Diversified ~e~1ty Corporation, 3300 Enterprise Parkw~-y, Beachwood, Ohio 44122 1$.1 q party shall have the right to change its address by delivering to the othex party a mitten notificatiot~ thereof in ac~orda.ncc with the requirements of this section. i9, ATTORNEY FEES: Should any litigation be commenced between the paxties hereto concerning this Agr~ezx-ent, the prev~aiIing party shaU be e~titled, in additi~n to any other relief as may he ~ranted, to court c.osts and reasonable attomey's ftes as determined by a Court. of compet~nt j~uisdiction. Tltis provision shall be deemed to be a separate contract b~tween the paxties a~-d shaU survive any de.fault, terminatiott or forfeiture of this Agreement. 20, 'TIME ~S 4k 1'HE ESSENCE: The parties hereto acknowledge and agree that time is strictly o# the essence with respect to eaCh and every trxm, condition and provision hereaf, utd tt-at the failure to a fault t~inder tliis A, f e~m nttby thes hexeun der s h a l l c o n s t i t u t e a b r e a c h o£ a n d a $' r e other party so faiting to perform. ~ 1 g;NDIr1G ~[]~ON 5UCCESSORS: Tttis Agreement shall be binding upon axtd inure to the benefit of the parties' respective heirs, successors, assigns and personal rcpresentatives, including "City l be b~duie n the towner of tih r successors in oFfice. 'L'his Agreement shal $ apmpertyA, ~ach subsequ~nt owner and any other person acquiring an interest in ~e ~p~perty". Nothing hercin shall in any way pxevent sale or alien~tion oE the ~p~p~t~', or portions the.reof, exCe~t that auny sale oX alienatian shall be subject to thc provisions k-ereof and ~ny successor owner or ownexs shall be both benefitted and bourid by the co~nditions and restrict~ons herein expressed. "City" D~VELOPM~NT AGRL'.~NT - (AZ-99-012 and R~99-1~ - !2 • • agxee.s, upon written requcst of "Develaper/Ow~ter 1/Owt-er 2", to execute a~propriate and recordable evidemc:e of terminatioit of this Agr~entent if °City", in its sole and re.asonable discretion, lt~d determined that "Developer/Owner 1/ p~nmer 2" )nas fully performed its obtigations under tltis Agreement. ~~_ iNVALID PROVISIQN: Xf arry provisian o£ this Agreemec~t is held not vaJ~id by a court of competent jurisdiction, such provision shall be deemed to bc excised from this Agreement and the invalidity thereof shall not affect any oE the vthe.r provisions contained herein. 23, FINAL AGREEM~NT: This Agreenient sets forth all promises, inducements, agreements, c~ndition and w~dexstandings between "X7e.veloper/Owner I/Owne.r 2" and "City" relative to the subject matter hexeof, a~td there are no promises, agteements, conditions or understanding, eithet oral or wtitten, express or implied, between "Developer/Owner 1/~wner 2" attd "City", other t~tan as aze stated here.in. Except as he.rein othez'witse provided, zi.o subsequent alteration, am~ndment, change, ~ddendum ot' addition to this pgreement shall be binding upon the parti.es hereto unless r~educed to writing and signed by t.hem or their successors in interest or their assigns, and puxsuant, with res~ tQ "Cit~', to a du~y adopted orc~i,~tanc~ or resolution of °City". 23.1 No condition governing tlte uses and/or conditiions governitng development vf the subje~~. "Property" herein provided for can be motiified or amended wit~laut the approval of thte City Council aftcr tttr_ "nCity" has conducted public h~aring(s) in ar.COrdance with the notice. provisions provided for a zoning designation and/or amendment in £ome at the time of the proposed amendment except that minor mod'afication(s) of required improvements provided for in section 7 may be appcoved by City Pubiic Works and Planning and Zoning 5taff, if such changes are ~equired or prefe~red by Ad~ County Highway Distr~ct 5taff. 24. EF~ECTIVE DATE U~ AGREF•MEIV'T: T~-is Agreemeni shall be e.ffective on the date the Mericlaan City Council s)nall adopt the aintndment to thc Melitlian Zoning Ordinan~e in connection with thc annexation and ~oning of the "property" and eMCCUtion of the Mayor an~i City Cle.rk UEVEi.OPMENP ACRE~MEN[' -(AZ-99-012 und ItZ-99-W~ - 13 • ACKNOWLEDGMENTS ~ IN WITNESS WHEREOF, the parties have herein executed this agreement and ~~ Made it effective as hereinabove provided. ATTEST: l~- - Joan U. Allgood, Secret ATTEST: U~ • Joan . Allgood, Secr ary ATTEST: , Secretary DEVELOPERS DIVERSIFIED REALTY CORPORATION, an Ohio corporation Developer By: Daniel B. Hur ' tz (Print Name) ItS: Executive Vice President "Property 1" DEVELOPERS DIVERSIFIED REALTY CORPORATION, an Ohio corporation Owner By: ~ Daniel B . Hurwi.t (Print Name) ItS: Executive Vice President TERRACE LAWN MEMORIAL GARDENS, INC., Owner~ , By; c.-. , Timothy T. bson, 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 O B ~ ~ Y• Daniel B. Hurwitz (PrintName) ItS: ExPCUtive V~ce President DEVELOPMENT AGREEMENT -(AZ-99-Oi2 and RZ-99-007) - 14 • • ATTEST: CI'IY OF MERIDI.AN BY: Attest: d~(~~ C1TY ~LERK BY RESOLU'I'ION ~10. ~l Z RO~~RT D. CORR~E ~``,`~~~oo~ ~~,-~~~`~. ., . ~ ,' ~ ~~,o~T -~',L',. ~' ; ~ ~o ~ ' 4 ~ - $~AI~ - : ~ ~ b ~ ~. ~~ ~~~ : ~90~ T 1 ~ ~ P .~\~: ~`~~~~,,4d~ f~ ~;, ~~ ~~`~~\ DF.VELC)PMENT AGR~Er~NT - (AZ-~l-U12 and RZ-99-0(~7) -1S ~ ~ 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 instniment, who acknowledged that he did sign the foregoi~ng 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 fhe free act and deed of said corporation. ~'•'~`` ~'-_~~. .. ;~.:~. ~ : ~~ , .. ` I,~ ~ ~~~~~ fL _ IN TESTIMONY WHEREOF, I have hereunto set my hand and~~f`fi -~ ea~l~~'a~~~ ~c~'- _ „ .~ ~;n Beachwood, Ohio, this /~F~- day of I'~'J~.e~ , 2000. ,~~~~` ,~`' K=~.`~ ~ Notary~lic ' .` ~ ~.'. : i~ ' ,r~ ~ ` ELI~A~E'W~ ~: ,•,-_. ; O Nota~~pirt3l,~e~:st~e: 'S y~ t~~; ~ . IMIy Con'tjni~5ic~t ~ti(~ ~'~l~ .G()~l' w t' wE • , .• ^r. ,~..~ 8 {,~,, :: ~., ~~'. ~ .~ • y,. ~~ •.~ G ~ H~ ~ ' ~ ~, ~ •. ~~y`~°: „~ °-~,.,w.~:.. , y, ; i Y, ~ ~ -'~ ~'a~ 1 ' ~ . lA ~„~. ~} R 7. ~.. •y~Y' ~ ~~':1~ ~4~ } ~,JI,} fa~ ~ ~. , +'.i, ;d::•~~~fy~,~.{'.'., ' DEVELOPMENT AGREEMENT -(AZ-99-012 and RZ-99-007) - 16 ~ 5TATE ~F 1DAH~) :ss covrrTy oF aDA ~ ~' ~/'~ , in the year 2000. befare me, a On this~ ~y of T~.,..__....__..-_ , known or identafied to me to Natary Public, ~~'sonaUy aP~a~Ce~ i~'{+y t 6~bse~e D , ~j, ~~,/Yztt~ be the rson whose namc is subsacibed to the within instr e~~~ o me that he lawn ~ ~ ~ t executed the said instnimcnt, and acknawl ~ " .. _ ~.~ ~,. 4~ n~ Ce ~e~ CblY7A~l~o/1• executed the sazne ~ rI blic fox Cda ~ ~~ Caminxssioa expires: S'I'AfE 4~ COUM'1C OF CUYAHOC=.A. :ss BEFQRE ME, a Notary Public, in and for said County and St~te, personally appeared D~nie1 B. Hiuwitz, Executi~vc Vi~~~ ~oewnREIT LLC> General Partn e Realty Corpo~taon, Managin~ Member of D of DY7R ~anlily Centers LP, Lhe General Partner of Hennes Asso~iates, Ltd., the ~~d ~n~~ip whir.h ea~ecute.d the foregoing instrument, who acknowledged that he did acecute the foregoing instiumendt on ~e~~ ve Vi ce Prre~-sident of Developers is his free and voluntary act and dee as DiversiF'ied Realty Corporation, Managing Member of ~7DR DownR~IT LLC, General Partner of DDR Family Centets LP, Gere~'a~ Partner of said limited ~artnership and is the free act ~nd deed. of said li~mited partnersttxp for the uses and puYposes therein se~ fprth. ~ ~ ~ ~ ~ . ' ',' _ EREOF, I have hereuttto set my hand and of~i~'c:lal ~~~at ~` ~ Y~~. IN WITNESS WH . , ~ •- . ~Gr~~-y of `~-~. , 2000. , L' ' .~~'~~ ;~ ; : ~ ; ~', Beachwoad, C3hio, this , ~~; . ~'; ~. ~: ~'`'~ ~~-,~-:~ . ~ ~ J~ , Notary Pu~.gie!/~~~ ,,'. :';'n. . .f -u R ` ~.., / ~ D~VELOP'M~:Nf AGREEIV~NT -(A'L-99-012 asi~d RZ-99-U0'~ - 17 ELIZABE'T`~1 ~ E~~ ~< I4s~ .. Notary Publis, State•o(, ~d. ~Cu~'a. C~y r,. ~.. ? c If9S~~8f:~r.~'~~:~4<~' My Commi..sion ExP~ ,. . t.,.,~,~'•, : ~ ~~,`, u~: ~ ~. • • (SEAL) Notary Public 5TATE OF IDAHO :ss County of Ada ) On this ~i~ s~ day oF ~.~~~ , in the year 2000, beEore me, a Notary Public, personally appeared Robert D. Corrie and William G. Bcrg, know or identified tn m~ to be the Mayor and Clexk, respectively, of the City of Me.iidian, who executed t~te iunstivzne.nt or the prs~son that executed the instnunent of Uehalf of said City, and acknowledged to me that such City rxecuted the same. 0~~~~e~o~ i~''~~!_UG' ~~o ~ • ~,- o'1CA,~ `~, m eti,.,~ ~~~ ~,, .` ~ ~ ~ ~ iN {SEAL) ~G°' ; ~ ~ ~ 1~ ~Io blic for ldaho o .~ , : ~ ~ ~.~G ~~ ~ommission expires: ~ ~~ J~ ~ ~°e:~ OF ~o@`-~~°o ,r~L~w«1cu~-VH~ria~•n ts~«,n~[~iqx~ ~~~fi~alt~e~,rw~-Rr DEVEL()F'MEIV'T AGRE~TViENT -(AZ-~19-0 I Z and RZ-9y~f0'~ -1!S ~ • ~7CHIBIT A, D$VEL.Op1V1ENT AGRF.EMENT -(AZr')9-012 and RZ-99-U0~ - 14 ~ ~ HUBBLE ENGINEER[NG, INC. 9550 Bethel Court ^ Boise. Idaho 83709 Project No. 9904000 208~322-8992 ^ Fax 208I378-0329 April 30, 1999 DESCRIPTION FOR FAMILY CENTERS AT MERIDIAN ADDITIONAL PROPERTY ANNEXATION . A parcel of~land located in the NW1/4 of the NE1/4 of Section 9, T.3N., R1E., B.M.. Ada County, Idaho, more particulariy described as foilows: •:: Beginning at the N1/4 comer of said Section 9 from which the NE comer of said Section 9 bears South 89°22'32" East~ 26~9.01 fee~ thence along said section line South 89'22'10' East~ 708.49 feet; , thence leaving said section line South 00°37'28' West. 47.09 feet to a point on the South right-of-way Gne 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 No~th 89°35'24" West, 640.79 feet to a point on the North~outh centerline of said Section 9; thence along said North~outh center line North 00°48'14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less. ~ Prepared by: _ HUBBLE ENGINEERlNG, INC. _ . n --.-.. = BY JUL 2 2 1999 ~x Puauc wo~+cs oErT. GGC/vw/familycentersMerid-annex Gregory G. Carter, P.LS. EXHIBIT "A" . • AZ-99-Q l2 ~~al De~',,~t~qn 4f Provertv i (P~~P~ l a..rid Parcel 21 DEVF,LOPMEN'I' AGREEMENf -(A2r99-012 aad RZ-99-007~ - 20 MAR- 1 5~-00v l6= 3 I FROMv DE~PERS D I VERS I F I E~' • V• [ D~ 2 16~1 1 16 v PACE v q/s , ~ ` . ' v ~G\NEF~gs. . ~ ~ . ~UBBL~ ENGII~EER[NG, ING. ~ ~ 2oer~a2a~ • Fa~c zosra7e~szs ~~ ~ 9650 Bethel Cou~ • Boise, idaho 63709 . FAs. s.R~ ~ .. . ffi~tr e Project No. 0003700 Febn~ary 2. 2000 Revised Febcvary 25~ 2000 • G(BSON PARCEL ~ PROPERTY DESCRIPT(ON ' ~ A parce( of (and locaf~ed in fhe NW1/4 of the ~1E1/4 of Section 9, T.3N_, R.1 E., B.M., Ada County. (daho, .as shown on Recard o~ Survey No. 1283. filed for record in the office of the Ads County Recocde~. Boise. Idaho. and more particu1arly desaibed as follows: Comrnendng at an i~on pin martang the Norfh 1!4 comer of sald Section 9; thence along the centeriine of said Section 9 South 00'a8'14" West, 49.74 feet to the South right-of~vay (ine of Fairview Avenue, said poirrt being tfie EtFAL POINT OF BE(~(NH1NG; thence along said South righi-of~+vay (ine SoutF~ 89'35'24" East. (formeriy South 89°35'00" East) 432.45 feet; thence leaving sa-d Soufh right-of~way line South 00°42'48" West, 503.18 feet; thence Notfh 89°35'24" West, (fotme~iy North 89°35'00" West) 433.25 •feet to said cente~tine of Section 9; ' thence a~ong said centerline No~tfi QO°48'14" East, 503.19 feet to the Point of Beginning. Conta~ns 5.000 acres, more o[ less. Prepared by. HUBBI..E ENGINEERING, INC. Todd R. Waite, P.LS. J~W EtuDlSurvey~Projects\TG3ALTA7199~Le9al OescrlptlonsCTRW~bson-Par.doc ea/29/1999 09:59 20838ST~696 Tr.nl..~YS !~1D ~Y P4Gr g2 TEALEY'S LAND a~5 Wesr JeNe:son streec - eo:se, Idano 83702 SURVEYfNG (208) 385-0636 Fax (208) 385-0696 Projcct. No.: 1882 Datc: Apri129, 1999 DESCRIPTION F'OR TIM GIBSON - PARCEI. Z q parcel of Land bcing a portion of the N~~ 1/~ of thc NE ~/~3 of Section 9. T.3N., R.1 E., B.M., Ada County, Idaho. and more panicularly c~escribed as fotlows: Commencing at an uon pin mark~aS thc Nonh I!~ ~-n~~ of said Section 9; thence along tlie centcrline of said Section 9 Svuth 00°48'35" W~~, fa~crly South 00°48' 14" 1~'est, 49.74 fcet to a brass cap on the South right-of-way line of Fairview A~~enuc; the.cicc along said South tight-of-way line South 89°35'00" East 432.a5 fcct to an iron pin marking the POIIYT OF BEGINNiIYG; thcnc;e continuing South 89°3S'00" Fast 276.21 feet to a point; thencc leaving ~aid South right-of- ~ray lioe South 15°00'0(1" West 276.8R feet to a point; thence South 00°~8°3S" N/est 554.06 Ceet to a point: thence North S9°35'00" West 640.79 f~et to a point on said ccntcrlinc of Section 9; thencc along said centerline North 00°48'35" East 318.83 feei to an iroii pin; thcnce lcaving said centcrline South 89°35'00" East 433.30 fzct to an iron pin; thcnce North 00°42'46" East 503.18 fcct to the POINT OF BEGIIYNIIYG, Caid p2~rcel of land contains 7.30 acres, more or lcss. f A 111n •~1 '~P oF' \~cx ti• a~~~~ C W r O«.~av:~~wlw~ltu •f.J...{K -14c ~s/29/1599 05:5y ro OO~•e )9• E ~9.1a. i6' ~. nC ~~ ~j~ 1 t%LcY7 ~w~v ~. ` ^v.~_ ' ~ ~ L6t1.i / I ~ , ~ . ~ ~AIe2V1EV AVENUE 4 --- --- - ---~~--- 1 I ' i _ l~ : ~ I ~ ~ PARCEL 3 ~ :~~.Tqe •a ~'~ ~,-ao cc~w I I ~ ~ 5 89'2~'Ib' E ~335.05' ~ i EXHIBIT B ~-99-007 I~gal Descripcion Of Pro~ertv 2 DEVELOPMENT AGRSEIN~NT - {AZ-'ly-0i2 ~nd RZ-'~9~~ - 21 ~ ; v~ H~~~LE EfVGINEERING, tfVC. , o 9550 Bethel Court . Boise, Idaho 83709 ~~9s. s~~'~ Project No. 9925000 RECORDS EAST SUBDIVISION REZONE DESCRIPTION FOR WESTERLY PARCEL ~ 208/322-8992 ^ Fax 208/378-0329 January 12, 2000 A parcel of land located in the NE1/4 of the NW1/4 of Section 9, T.3N., R.1 E., B.M., Ada County, Idaho, more pa~ticularly described as follows: Commencing atthe comer common to Sections 4, 5, 8 and the said Section 9; thence South 89°22'10" East, 2659.63 feet along the North line of said NW1/4 of Section 9 to the 1/4 corner common to said Sections 4 and 9 and the REAL POINT OF BEGINNING; thence along the North-South mid-section line of said Section 9 South 0°48'14" West 880.85 feet to the northeast corner of Crossroads Subdivision No. 6, as filed in Book 76 of Plats at Page 7941 thru 7942, records. of Ada County, Idaho; thence North 89°35'32" West, 596.17 feet along the North line of said Crossroads Subdivision No. 6 to a point on the centerline of N. Records Ave.; thence along said centerline the following three courses: 72.61 feet along a curve to the left, said curve having a radius of 203.61 feet, a central angle of 20°25'S7" and a long chord bearing North 14°11'46" West, 72.23 feet to the beginning of a reverse curve to the right; thence 72.37 feet along said curve to the right, said curve having a radius of 171.75 feet, a central angle of 24°08'33" and a long chord bearing North 12°16'20" West, 71.83 feet; thence North 00°25'00" East, 743.33 feet to the intersection with the North line of said NW1/4 of Section 9; thence South 89°22'10" East, 636.12 feet along said North line to the Real Point of Beginning. Containing 12.77 acres (556,187 square feet) rnore or less. J/MeridianCrossroads2/PJS/vw/RecordsEast-Rezone Patrick J. Scheffler, P.L.S. Prepared by: HUBBLE ENGINEERING, INC. ~ ~~~~ ~ • .AZ-99-012 My~~y~~c nf Fa~ ~~(~ ~QII~asiong Qf aw/~'.~nditions of A~~1-~1 s DEVELOPMENT AGREEM~NT -(A~99-012 and ltZ-9y-W7) - 22 ~ ~ Revised 11-18-99 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE AI'PLICATION 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 GRA.NTING APPLICATION FOR ANNEXA.TION 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'cloclc 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 malces 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. A.Z-99-012 • ~ zoning was published for two (2) consecutive weelcs 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 ~vith the notice of public hearing having been posted upon the property under consideration more than one weelc before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the November 3, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council talces 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, FTNDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. A.Z-99-012 ~ ~ and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is appro,cimately 13.09 acres in size. The property is located at 4000 E. Fairview Ave., Meridian, Idaho, and described as follows: A parcel of land located in the NW1/4 of the NE 1/4 of Section 9, T. 3N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follo~vs: Beginning at the N 1/4 corner of said Section 9 from which the NE corner of said Section 9 bears South 89°22'32" East, 2659.01 feet; thence along said section line South 89°22' 10" East, 708.49 feet; thence leaving said section line South 00°37'28" West, 47.09 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30); thence leaving said South right-of-vvay line South 14°59'32" West, 276.87 feet; thence South 00°48' 14" West, 554.06 feet; thence North 89°35'24" West, 640.79 feet to a point on the North-South centerline of said Section 9; thence along said North-South center line North 00°48'14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less. 5. The owner of record of the subject property is Terrace Lawn Memorial Gardens, Daniel and Carolyn Gibson of 19500 Hwy. 20/26, Caldwell, Idaho. 6. Applicant is Developers Diversified Realty Corp., of 3300 Enterprise 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. A.Z-99-012 • C~ 8. The real property which is the subject of this application will be joined and developed with the real property, which is the subject of a companion application in action "In the Matter of the Request for Rezone of approximately 11.4 acres for Expansion of Meridian Family Center/Crossroads Mall". 9. The Applicant requested the property be zoned as Meridian Community Business District (CC), Section 11-2-408 B(9) of the Revised and Compiled Ordinances of the City of Meridian. 10. The proposed site of the subject property is located east of Records drive, south of Fairview Ave. 11. The subject property is bordered to the east and south by Ada County Rural Transitional, to the southwest by Meridian Single Family Residential and to the west by Meridian Community Business District, to the north by Ada County Rural transitional and city limits of the City of Meridian are adjacent and abut to the west and southwest of the subject property. 12. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 13. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 14. The Applicant proposes to develop the subject property in the following FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING Al'PLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 • i 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 ~vith 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 fxom 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 S AND DECISION AND ORDER GRt~NTING A.I'PLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 . ~ 17.3 Construct a 5-foot wide concrete sidewallc on Fairview Avenue abutting the site (approximately 822-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the developnlent showing the side~vallc must be approved prior to issuance of a building permit. 17.4 Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. 17.5 Construct a maximum of three driveways on Fairvie~v 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. 17.6 Construct Records Drive as a 65-foot street section (with curb, gutter and 5-foot wide concrete sidewallc) 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. 17.7 Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left-turn lanes on Fairvie~v Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 ~ • 17.8 A mal~imum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175-feet south of Fairvie~v 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. 17.9 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 18. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 17, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 19. It is found that the development considerations which must be talcen 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 e~cisting, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smolce, fumes, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECI.SION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. A.Z-99-012 ~ CJ glare and odors, and can best be handled by requiring as a condition of development and use on said parcel that all development and use on and of the subject real property will be subject to a conditional use permit process. 20. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 21. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 21.1 Commercial and retail areas are established along the Fairview Avenue 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 pro~zmity to other commercial developments and minimize impacts upon other adjacent areas. 21.2 The Commercial Policies Section states - Community Shopping Centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. 22. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 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 ~ C~ 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 talce judicial notice of government ordinances, and policies, and of actual conditions e,cisting 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. 5. 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 ANNEXA.TION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 ~ • is defined in the Zoning Ordinance at 11-2-408 B 9 of the Revised and Compiled Ordinances of the City of Meridian, as follows: ~C-C~ Communitv Business District: The purpose of the (GC) 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 parlcing 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 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 8. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 9. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING A.PPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 • ~ condition of the zoning, that an owner or developer malce 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 talce 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 AI'PLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 ~ ~ property shall be subject to re-zone andlor de-annexation, ~vith the City of Meridian, ~vhich provides for the following conditions of use and development to-wit: Conditions of Use: 17.1 All development and uses for and of the proposed development shall be developed under the conditional use permit process as a planned development. Conditions of Development: 17.2 Dedicate sufficient additional right-of-way to total 60-feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 17.3 Dedicate 76-feet of right-of-way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-way (30-feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. 17.4 Construct a 5-foot wide concrete sidewallc 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 sidewallc must be approved prior to issuance of a building permit. 17.5 Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. 17.6 Construct a maximum of three driveways on Fairview Avenue a minimum of 440-feet for a full access driveway and 220-feet for a right- in/right-out driveway from any public street intersection and 220-feet from all existing or proposed driveways. The maximum driveway width FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 ~ . ~vill 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. 17.7 Construct Records Drive as a 65-foot street section (with curb, gutter and 5-foot wide concrete sidewallc) 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. 17.8 Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left-turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. 17.9 A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175-feet south of Fairview Avenue and aligned or offset 150-feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30-foot curb return driveway with 1 S-foot curb radii. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 17.10 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 17.11 Applicant shall submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRA.NTTNG APPLICATION FOR ANNEXAT'ION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. A.Z-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 ~vith the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please talce 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 APPI.ICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. A.Z-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 seelc a judicial review as provided by Chapter 52, Title 67, Idaho Cocle. By action of the City Council at its regular meeting held on the ~ day of /~~1~~~ ~~- 1999. , ROLL CALL COUNCILNI~IN RON ANDERSON VOTED ~ COUNCILMAN GLENN BENTLEY VOTED C~ COUNCILMAN I~EITH BIRD VOTED COUNCILMAN CHA.RLIE ROUNTREE VOTED ~ 1VIAYOR ROBERT D. CORRIE (TIE BREAI<ER) VOTED DATED: - - ~~ MOTION: APPROV ISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW = Page 1 S AND DEGISION 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 Worlcs Department and the City Attorney. . ~~ . By: ~ - ty Clerlc Dated: ~~'~~/ ~ ~ f msg/Z:\WorkWlU~feridian 15360M~Developers DiversifiedWZFfCIs ~~~``;~;l,Or ~~E~ ~~~'''•. ~ I~A„ % ,. ~ .,~_ . K G `~~o~oR,9r~o ~:y ~, . ~ ' ~~:"~I, - ~'9~ or~ `' ' : G~.~G~~sr i s~ • ,~ ,R~ : ` ,, -; ..,.. , ,,~~ ~, ~~, ~; ., t~Ljr:~-:"Y , ~~:~ ~~''~:~. :,., ...:,~~.t~~~~ FINDINGS OF FACT AND CONCLUSIONS OF LA.W - Page 16 AND DECISION AND ORDER GRA.NTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 ~ • Findj~l~g~ s~ ~~~.t a~d ~on~lusions of ~`+v(Sonditions of A,F~r~yal DEVELOPMENT AGlZLE1VIETV'i' - (pZ-99-(112 ~nd ~-y9~7) - 23 ~ ~ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN 11-11-99 IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMA,TELY 1 1.4 ACRES FOR EXPANSION OF MERIDIAN FAMILY CENTER/CROSSROADS MALL Case No: RZ-99-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE DEVELOPER DIVERSIFIED REA.LTY CORP/DAI~OTA CO., Applicant. The above encitled matter on the rezoning application of 1 1.4 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 che 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 cestiFied, and no one appeared in opposition to the request, and the Council having received the record of this matcer 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 che record in this matter therefore makes the follo~ving Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND OR.DER OF APPROVAL OF REZONING OF 1 I.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAI~OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - l ~ FINDINGS OF FACT • The nocice oF public hearing on che applicacion Eor rezoniilg ~vas ~ublished for cwo (2) consecu~ive weeks prior co said public hearing scheduled for November 3, 1999, before the Ciry Council, che First publicacion appearing and written notice having been mailed to property o~vners or purchasers of record ~vichin three hundred (300') feec of che external boundaries oE the propecty under consideracion more than fifteen (15) days prior to said hearing and ~vith che nocice of public hearing having been posted upon che property under consideration more chan one ~veek before said hearing; and that copies of all notices were made available to newspaper, radio and celevision stations as public service announcements; and the matter having been duly considered by the City Council at che 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 nocice and hearing requirements set forch in Idaho Code §§ 67-6509 and 67-6511, and §§ 11-2-416~ and 11-2-417A, Municipal Code oF the Cicy of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified ac Title 1 1, Municipal Code oE che City of FINDINGS OF FACT AND CONCLUSIONS OF LAW `- AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAI~OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ C20SSItOADS NtALL / (RZ-99-007) - 2 • ~ iuleridian, and all currenc zoning maps chereoE, and che Comprehensive Plail of tlle Cicv.oE Meridian adopted Deceinber 21, 1993, Ordinance No. 629 - Jant~an~ ~k, 1994, and maps and che ordinance Establishing the Impacc Area Boundary. 4. The propercy is appro,ciiilatety 1 1.4 acres in size. The properev is generally located '/~ mile east of Eagle Road south of Fairvie~v Avenue, in Merid;an, Idaho, and is described as follo~vs: A parcel oE land located in the NE 1/4 of the NW 1/4 oF Section 9, T. 3N., R. 1 E., B.M., Ada County, Idaho, more parcicularly described as follows: . Commencing at the corner common to Sections 4, S, S 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 Souch 0°48' 14" West, 49.74 feet to a point on the southerly right-oF-~vay 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, 831.1 1 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-oE-way South 89°35'24" East, 601.79 feet to che Real Point of Beginning. Containing 11.42 acres (497,816 square feec), more or less. - S. The real property which is the subject of this application will be joined and developed with the real property which is the subject of a companion FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 1.4 ACRES $Y DEVELOPERS DIVERSIFIED RFALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ GROSSROADS MALL / (RZ-99-007) - 3 ~ ~ applicacion in accion "In che Maccer of the Ap~lica~ion of Developer Diversitied Realcy Corp., the Application for Annexatioi~ and Zoning of 13.09 acres for Expansion of Family Cencer and Crossroads Mall, 4000 E. Fairview Ave., Meridian, Idaho" [AZ-99-012). 6. The o~vner of record of the subject property is Developers Diversifi:ed Realty Corp., oE 3300 Enterprise Parkway, Beechwood, Ohio. 7. The Applicanc is the owner of record. 8. The propeny 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 che south, Terrace Lawns Memorial Gardens to the east, agrieultural land to the riorch and the Meridian Family Center/Meridian Crossroads Mall to the west. 11. 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 che subject property in the FINDINGS OF FACT AND CONCLUSIONS OF LAW -- AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED RFAI_TY CORP/ DAI<OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSS20ADS MALL / (RZ-99-007) - 4 • ~ Follo~ving manner: conti-ZUed construccion and development oE che t~(eridian Family Center/Meridian Crossroads Mall. 14. The Applicanc's requesced rezoning of che subjecc real propertv as Co~llmunity Business District (CC) is consiscenc wich the commercial designacion pending ~vith the Meridian City Council oii amendment of the Meridian Comprehensive Plan Generalized Land Use Map which would designace che subject property as Commercial, there is a pending appl~icacion for amendmenc co che Comprehensive Plan from Single Family Residential to Commercial. If the Comprehensive Plan change is granted, this application would be consiscent ~vich the Conlprehensive Plan Generalized Land Use Map. 1 S. There are no significant or scenic features of major importance thac affect the consideration of this application. 16. The subject application for rezone and the proposed developnlent relates and is compatible to the goals and policies of the Comprehensive Plan of the City as Eollows: 16.1 Commercial and recail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states - The location of Commu-nity Shopping Centers should be guided by performance and - development standards which consider that Commercial Activiry Centers be located in proximity to other commercial developments and minimize inlpacts upon other adjacent areas. 16.2 The Commercial Policies Section states - Community Shopping FINDiNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OE APPROVAL OF REZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - S ~ ~ Cencers ~vill be encouraged to locace ac arterial incersections a~~d near high-tratfic incensicv areas. 17. In revie~v of che application for rezone ic is provided at Seccion 1 1-2-416I~ of the Municipal Code Eor the General Standards that the Com~l~ission and Council review this proposed zoning amendment and pursuant to the criceria oE said seccion Einds chat: 17.1 The area included in the zoning amendment is not intended to be rezoned in the fucure; . 17.2 That the applicant is agreeable to a requirement thac all development of the subject real property be accomplished under the conditional use process, which is Eound as a reasonable condition of granting che application to be imposed by a developmenc agreement; 17.3 The proposed use ~vill be designed, constructed, operated and maintained to be harmonious and appropriate in appearance ~vith che existing or intended character of che general vicinity and that such use will not change the essential character of the same area, subject to the conditions of che 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 che conditional use process; 17.5 The area will be served adequately by essential public - Eacilities and services such as high~vays, streets, police a~d fire proteccion, drainage structures, refuse disposal, ~vater, sewer or that che person responsible for the establishment of proposed zoning amendment shaIl be able to provide adequately any oE such services; FINDINGS OF FACT AND CONCLUSIONS OF LAW ~- AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAI~OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 6 • ~ 17.6 The use ~vill not creace excessive addicional requiremencs ac public cosc for public facilicies and services and will noc be de~rimencal to the economic welfare oE che communicv, subject co che conditions of rezone in conjunction ~vith clle conditions of developmenc as required in che Developmenc Agreemenc required in AZ-99-012 "In the Matcer oF che Application of Developer DiversiEied Realty Corp., che Applicacion for Annexation and Zoning of 13.09 acres tor Expansion of Family Cencer and Crossroads Mall, ~000 E. Fairvie~v Ave., Meridian, Idaho" sec Forth as follo~vs: 17.6.1 Dedicate suFficienc addicional righc-of-way to tocal 60-feec from section line of Fairview Avenue abutting the entire sice. The right-of-~vay shall be dedicated by means oF recordation of a Final subdivision plat or execution of a warranty deed prior to issuance of any Cercificate of Occupancy. 17.6.2 Dedicate 76-Eeet of right-of-~vay (38-feet from che centerline) for Records Drive Erom Fairvie~v Avenue ~o a point 300-feet south of Fairview Avenue and 60-Eeet of right-oE-way (30-feet from centerline) for Records Drive from chac poinc to the south boundary oE the parcel by nleans of recordacion of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. 17.6.3 Construct a S-foot ~vide concrete sidewalk on Fairview Avenue abutting the site (approximately 822-feet cotal) prior to issuance oF any Certificace of Occupancy. The construction plans for the developmenc showing the sidewalk must be _ approved prior co issuance oE a building permic. 17.6.4 Prior to opening oE the developmenc, conscruct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. FINDINGS OF FACT AND CONCLUSIONS OF LA.W AND DECISION AND ORDER OF APPROVAL OF R.EZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAI~OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-0D7) - 7 • ~ 17.6.5 Construct a ma,~cimum oF chree drive~vays on Fairvie~v Avenue a minimum oF 440-feet Eor a Full access driveway and 220-feec for a ri~hc-in/righ~-ouc driveway from any public street interseaion and 220-feec from all e;cis~ing or proposed drive~vays. TIZe ma,~cinlum drive~vay ~vidth will be 40-feec cvictl a minimum storage length of 100-feet. Install a 36" by 36" high intensity STOP sign at che drive~vay's intersection with Fairvie~v Avenue. Construct pavement capers wich 1 S-foot radii. Coordinate the design, storage length and location oE any proposed drive~vavs with District scaff. 17.6.6 Construct Records Drive as a 65-fooc street section (with curb, gutter and 5-Eoot wide concrete sidewalk) from Fairview Avenue co a point 300-Eeet south of Fairview Avenue. Records Drive shall be located approximately 2,100-Eeet east of Eagle Road. Widen the approach co 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-feec south oE Fairview. Dedicate sufficient right-oF-~vay for the noted improvements. 17.6.7 Construcc a traffic signal at the Fairvie~v Avenue/Records Drive incersection. 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 demonscrated to meec ACHD specifications. The signal should be designed to - allow the fucure construction of dual left-turn laries on Fairview Avenue. The applicant will be responsible for the entire cost of the signal inscallation. Submit ~he signal design to District scaff for approval prior to construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND OR.DER OF APPROVAL OF REZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED RFALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (IZZ-99-007) - 8 • • t 7.6.8 A ma.~cimum of chree drivewavs are approved on Records Drive. The drivevvays shall be locaced a minimum oE 175-feet south of Fairvie~v Avenue and aligned or oEfsec 1 S0-feet from all e:cis~ing or proposed driveways. The driveways shall be constntcted as 24 to 30-Eoot curb recurn drive~vav with 1 S-fooc curb radii. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's in~ersection ~vith Presidencial Drive. 17.6.9 Other than the access poincs specifically ~approved ~vith this application, direct loc or parcel access to Itecords Drive or Fairvie~v Avenue is prohibiced. 17.6.10 Applicant shall submit a revised legal description to meet all of the criceria required by Meridian City Resolution 158, and the Idaho Scate Tax Commission for the rezone. 17.6.1 1 Applicant shall prepare and submic a subdivision plat for any splitting of propeny. 17.6.12 Applicant shall satisfy all fire code requiremencs including those percaining 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, propeny or che general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, subject to che conditions of the conditional use process; _ 17.8 The area will have vehicular approaches to the property which shal'1 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 oE granting this application; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORD~R OF APPROVAL OF REZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAI~OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 9 • ~ 17.9 Tlle use ~vill not result in che destructio~l, loss or da~lta~e of a natural or scenic feacure of major importance; and l 7.1 U Z'he proposed zoning amendment is in the best inceresc oE che Ci~y oE Meridian. 13. The legal descripcion of the property chac is che subject of chis application Eor re-zone is as Eollo~vs: A parcel of land locaced in the NE 1/4 of the NW 1/4 of Seccion 9, T. 3N., R. 1 E., 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, chence South 89°22' 10" East, 2659.63 feec to the 1/4 corner common co said Sections 4 and 9; thence Souch 0°48' 14" West, 49.74 feet to a poinc on che 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" Wesc, 831.11 Eeet co a point; Thence North 89°35'32" West, 596.18 feet to a point; Thence North 0°25'00" East, 831.11 feet to a point on the southerly right-of-way of Fairview Avenue; Thence along said right-of-way South 89°35'24" East, 601.79 feet to the Real Point of Beginning. Containing 11.42 acres (497,816 square feet), more or less. CONCLUSIONS OF LA.W - 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. The Cicy of Meridian has exercised its authority and FINDINGS OF FACT AND CONCLUSIONS OF LAW -- AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAI~OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSItOADS MALL / (RZ-99-007) - 10 • ~ responsibility as provided by "Local Land Use Planning Ac~ of 1975", coditied ac Chapter 65, Title 67, Idaho Code by che adoption of Comprehensive Plan Cicv of Nteridian adopted December 21, I 993, Ord. No. 629, Januarv 4, 1994. 3. The follo~ving are found to be pertinent provisions of the City oE Meridian Comprehensive Plan and are applicable to this Application: 3.1 Commercial and recail areas are established along the Fairvie~v Avenue corridor. Seccion #4 oE the Comprehensive Plan - Commercial Activity Centers, staces - The location of Community Shopping Centers should be guided by performance and development standards which consider that Commercial Activity Cencers be located in proximity co other commercial developments and minimize impacts upon other adjacent areas. 3.2 The Commercial Poticies Section states - Communiry Shopping Centers ~vill be encouraged to locate at arterial intersections and near high-craffic intensity areas. 4. The requested zoning of Community Business District, (GC) is defined in the Zoning Ordinance at 11-2-408B(9) as follows: (C-C) Comm'unitv Btrsiness District• The purpose of the (GC) District is to permit the establishment of general business uses that are of a larger scale chan a neighborhood business, and to encourage che developmenc of modern shopping centers wich adequate off-screec parking facilities, and associated site amenicies to serve area residents and employees; to prohibit strip commercial development and encou-cage che clustering oE commercial enterprises. All such discricts shall have~ direct access to a transportation arterial and collector and be connecced co the Municipal Water and Sewer systems of the City of Meridian. S. Idaho Code § 67-651 1 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 REALTY CORP/ DAICOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - I l • • shall escablisll bv ordinance one or more zones or zoning discri~ccs in accordance ~vich the adopced Comprehensive Plan and the ordinance escablishing zonii~g districts can be amended ~vith particular consideration given co che eEfeccs of any proposed zone change upon che delivery of services by any political subdivision providing public services, including school districts, ~vithin the City's planning jurisdiction and thac it is in conforn~ance ~vich the Comprehensive Plan. 6. Idaho Code § 67-651 lA 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, fonn, recording, modification, enforcement and termination oE conditional commiunents. 7. The City of Meridian by che adopcion of § 1 1-2-416L 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. § 11-2-407 A ZONING DISTRiCT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of chis Ordinance. Where uncertainty exists wich respect to the boundaries of any oE the zoning districcs as shown FINDINGS OF FACT AND CONCLUSIONS OF~ LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAI~OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS ~vIALt / (RZ-99-007) - I 2 i • on che OEficial Zoning Map, che follo~ving shall apply: 3.1 Where district bouridaries are indicaced as appro.~cimacelv follo~ving che cencerline of screec lines, high~vay righc-of-way (i~~es, screams, lakes or ocher bodies of water, che cencerline shall be construed ~o be such boundary; 8.2 Where districc boundaries are so indicated thac thev appro:cimately follow the lot lines, such lot lines shall be conscrued to be said boundaries; 8.3 Where discricc boundaries are so indicated chat ~hey are appro;cima~ely paraflel to the centerlines or streec lines of streecs, or che centerlines or right-of-way lines oE high~vays, such district boundaries shall be construed as being parallel chereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by che use of che scale shown on the Official Zoning Map; and 8.4 Where che boundary oF a district follows a railroad line, such boundary shall be deemed to be located in che middle of che main cracks of said railroad line. 9. § 1 1-2-416 K of the Municipal Code GENERAL STANDA.R.DS APPLICA,BLE 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 che following questions about the proposed zoning amendment: 9.1 The new zoning will be harmonious with and in accordance ~vith the Comprehensive Plan. - 9.2 The area is not intended to be rezoned in the future. 9.3 The area is intended co be developed in the Fashion chac is allowed under the ne~v zoning. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 I.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAI~OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 13 • i 9.4 There has been no change in the area or adjacenc areas ~vhicl~ would dictace the area should be rezoned. 9.5 The proposed uses will be designed, cons~rucced, operaced and maintained to be harmonious and appropria~e in appearance ~vich the existing or intended characcer of che general vicinity and chac such use ~vill not change the essential character of the saiile area; 9.6 T11e proposed uses will not be hazardous or disturbing co existing or ft~ture neighboring uses; 9.7 The area will be served adequacely by essencial public facilicies and services such as high~vays, streets, police and fire procection, drainage structures, refuse disposal, water, sewer or thac che person responsible for the establishment of proposed zoning amendmenc shall be able co provide adequately any of such services; 9.8 The use will not create excessive additional requirements at public cosc for public facilicies and services and will noc be de~rimental co the economic welfare of che communicy; 9.9 The proposed uses will not involve uses, activicies, processes, materials, equipmenc and conditions of operation that ~vill be decrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; ~ 9.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 9.11 The use will not result in the destruction, loss or damage of a- nacural or scenic Eeacure of major importance; and ~ 9.12 The proposed zoning amendment is in the best inceresc of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW " AND DECISION AND ORDER OF APPROVAL OF REZONING OF l 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAI~OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - l4 • DECISION AND ORDER ~ NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FIND[NGS OF FACT AND CONCLUSIONS OF LAW ~VHICH ARE HEREIN ADOPTED, the City Council does hereby Order and chis does Order: The Applicanc's request for rezone of appro~ciil~acely l 1.4 acres for continued construction and developnlent oF the Meridian Family Cen~er/Meridian Crossroads Mall is granced, subject to ~he cerms and conditions of this Order hereinafter staced; and 2. The City Actorney was directed in Case No. AZ-99-012 co prepare a developmenc agreement in accordance with che general form used by che Cicy of Meridian for such agreemencs, ~vith the follovving special ternls and condicions which also relate to in this applicacion to-wic: 2.A That the Developmenc Agreement shall also include and concain che conditions of and for che real property which is che subjecc of rezoning application, Case No. RZ-99-007. Conditions of Use: 2.1 All development and uses for and of the proposed development shall be developed under che condicional use permic process as a planned developmen~. - Conditions oE Development: 2.2 Dedicate sufficient additional righc-of-way co cocal 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 R.EZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAI~OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (ItZ-99-007) - l S • ~ subdivision plac or execucion oF a warrancv deed prior co issuance of any Certificace of Occupancy. 2.3 Dedicate 76-Feee of right-of-~vay (38-feec from the centerline) Eor Records Drive fronl Fairview Avenue co a point 300-feec souch of Fairvie~v Avenue and 60-feet oE right-of-~vay (30-feec from cencerline) for Records Drive from chac point co che souch boundary of the parcel by means of recordacion oE a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificace of Occupancy. . 2.4 Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the site (appro;cimately 822-feet cotal) prior co issuance of any Certificate of Occupancy. The construction plans for che development showing the sidewalk must be approved prior co issuance of a building permit. 2.5 Prior to opening of the development, construct pavement widening on Fairview Avenue co add one eastbound lane from Records Drive to the east propeny line. 2.6 Construct a ma,~cinlum of three driveways on Fairview Avenue a minimum of 440-feet for a full access drive~vay and 220-feet for a right-in/righ.c-out drive~vay from any public street intersection and 220-feec from all existing or proposed driveways. The ma.~cimum driveway width will be 40-feet with a minimum storage length oE 100-feet. Install a 36" by 3b" 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-Eooc wide concrete sidewalk) from Fairview Averiue co a poinc 300-feec south of Fairview Avenue. Records Drive shall be located approximately 2,100-feet east of Eagle Road. Widen the approach to Fairview Avenue co provide two northbound left turn lanes and one northbound chrough/right-turn lane. Two southbound lanes are needed from Fairview Avenue co a poinc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAI~OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - l6 • • 300-feet sou~h oF Fairview. Dedicate sufficienc righc-of-way for che noced improvemencs. 2.8 Construct a craEfic signal ac che Fairvie~v Avenue/Records Drive incersection. Provide and install an Opticom device for eil~ergency vehicle pre-emption oE the signal co the sacisfaction of ACHD and che Meridian Fire Departmenc. Other macerials for che craffic signal are co be purchased from ACHD or be demonstra~ed to meet ACHD specifications. The signal should be designed co allo~v the fucure conscruction of dual lefc-turn lanes on Fairview Avenue. The applicant will be responsible for the entire cosc of che signal installation. Submit the signal design to Discrict stafE for approval prior to construction. 2.9 A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175-feet south oE Fairview Avenue and aligned or offset 150-feec from all e;cisting or proposed driveways. The driveways shall be constructed as 24 co 30-fooc curb recurn driveway with 15-Eoot curb radii. The minimum storage length shall be SO-feet. Install a 36" by 36" high intensity STOP sign at the drivervay's intersection rvich Presidential Drive. 2.10 Other than the access points specifically approved with chis application, direcc loc or parcel access to Records Drive or Fairview Avenue is prohibited. 2.11 Applicant shall submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State Tax Commission for the rezone. 2.12 Applicant shall prepare and submit a subdivision plat for any splitting of property. _ 2.13 Applicant shall sacisEy all fire code requirements including those pertaining to water Elow and fire hydrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99_007) - I 7 ~ • 3. The Ciry Attorney shall prepare For consideracion bv che Cicy Council the appropriate ordinance Eor che re-designation oF che zoning Eor che real property ~vhich is che subject of the applicacion co (C-C) Communicv B~tsiness Discrict (§ 1 1-2-408 B(9) of the Revised and Compiled Ordinances of che City of Meridian) which ordinance shall be considered for passage s.ubsequent to the applicanc having executed che development agreement. 4. Subsequent to the passage of che Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Deparcment shall prepare the appropriate mapping changes oE the oEficial Zoning Maps as provided in § 1 1-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance ~vith the provisions of the rezoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAICOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - l8 _:~ ~s NOTICE OF FINAL ACTION Please talce notice that this is a final action of the governing body of che City ot Meridian, pursuant co Idaho Code § 67-6521. An affecced person beiitg a person who has an interest in real property which may be adversely aEEecced by che issuance or denial of the rezoning may, within twenty-eight (23) days after the date of chis decision and order, seek a judicial review as provided by Chapcer 52, Ticle 67, Idaho Code. By action of the City Council ac its regular meeting held on 1 YP~~~6~ J~r ~, 1999. ROLL CALL COUNCILMA.N RON ANDERSON VOTED ~`~' COUNCILMAN GLENN BENTLEY VOTED_ ~~l~~- COUNCILMAN I~EITH BIRD VOTED-~~°~ COUNCILMA.N CHA.RLIE ROUNTREE VOTED MAYOR ROBERT CORRIE (TIE BREAKER) VOTED - DATED: l~ 1~-~~ ~ MOTION: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISZON AND OR.DER OF A.PPROVAL OF REZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAI<OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - ( 9 i APPROVED: __. ~ DISAPPROVED: Copy served upon A~plicanc, the Planning and Zoning Departmenc, Public Works Department and the Ciry Attorney. By: /~~u-~,~/d~'-~ L City Clerk Dated: l~'16~~y `\{`,`\~~,0„ i i~ i i~~ i,,,, ``~ \~~ F M~~/~.,,~~/ . ~; G \r~~~PO.~T~ '~~g, ',s - '~~~L -- ~' '~ ~ ~ \\ - 9G ~o`~ ; /'., 90 ,> C~"" T 15'C ~ ~ . ,,~~/:~ ~ U~ ,Y ` ~,```~,. msg/Z:\Wo~kVvlU~leridian 15360M~Dcvelopers Diversificd~FfsClsOrder(tEZ ' ~ `iCO. 'I ,"'`,1`q~~~ ` FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF EtEZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAI~OTA CO. FOR EXPANSION OF MERIDIAN EAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 20