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Wal-Mart RZ 99-007
ADA CDUN;I'Y RECORDER J, DAY10 NAVARRO RECORDED' REOUEST Ot~'' r ! 00088 08 . DEVELOPMENT AGREEMENT 01-3 bOO PARTIES: 1. 2. City of Meridian Developers Diversified Realty Corporation, developer, for (AZ-99-012) and (RZ-99-007) Terrace Lawn Memorial Gardens, Inc., an Idaho corporation, owner, for (A?t99-O 12) Hermes Associates, LTD, a Utah Limited Partnership, owner, (RZ-99-007) THIS DEVELOPMENT AGREEMENT (this "Agreement'), is made and entered into this 2{ cY day of ///¢a~ .~ , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY', and DEVELOPERS DIVERSIFIED REALTY CORPORATION, "DEVELOPER" whose address is 3300 Enterprise Parkway, Beachwood, Ohio 44122, and HERMES ASSOCIATES, LTD, A UTAH LIMITED PARTNERSHIP, "OWNER" whose address is c/o Developers Diversified Realty Corporation, 3300 Enterprise Parkway, Beachwood, Ohio 44122, and TERRAGE LAWN MEMORIAL GARDENS, INC., "OWNER' whose address is 1200 N. Cloverdale Road, Boise, Idaho. I RECITALS: 1.1 1.2 WHEREAS, "Terrace Lawn Memorial Gardens, Inc.' and "Developers Diversified Realty Corporation" are the owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the 'Property 1"; and WHERF~$, "OWNER' Hermes Associates, Ltd., a Utah Limited Partnership, is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit B, which is attached hereto ,and by this reference incorporated herein as if set forth in full, hereinaftex referred to as the "Property 2"; and DEVEIX)PMENT AGREEMENT - (AZ-9'~-OI2 ami RZ-9~-O07) - 1 1.3 1.4 1.5 1.6 !.,7 1.8 1.9 WHEREAS, I.C. §67-651 IA, Idaho Code, provides that cities may, by ordinance, require, or permit as a condition of re-zoning that the owner or ~Developer" make a written commitment concerning the use or development of the subject 'Property'; and WHEREAS, 'City' has exercised its statutory authority by the enactment, of Meridian City Code §§ 1 I-7-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re- zoning of land; and WHEREAS, "D~eloper' has submitted an application for annexation and zoning of the ~Property ! ' described in Exhibit A, and has requested a designation of Community Business District (C- C), (Meridian City Code) Case No. AZ-99-012 -; and WHEREAS, ~Developer~ has submitted an application for rezone of the "Property 2' described in Exhibit B, and has requested a designation of Community Business District (C-C),(Meridian City Code) Case No_ RZ-99-007), and which will be developed in coniunction with Property 1. WHEREAS, ~Developex~ has made representations at the public hearings and intends to develop the prope~es which are the sub}ect of the ab°ve referenced proceedings as a mixed use shopping center; and WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject 'Properties' hdd before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning iurisdiction, and received further testimony 'and comment; and wH s, of approved certain annexation and zoning Findings of Fact and Conclusions of Law and Decision and Order, Case No. AZ-99-012, set forth in Exhibit C, which are attached hereto and by this DEVELOPMElqT AGREEMENT - (AZ-99-012 and RZ-99-007) - 2 1.IO reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and WHEREAS,'City Council, the ~ day of ~ver~Dr;, 2000, has approved certain rezone Findings of Fact and Conclusions of I.aw and Decision and Order, Case No. RZ-99-00, set forth in Exhibit D, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the ~Findings~); and 1.11 WHEREAS, both the ~Findings' require the "Developer~ and ~Owners' to enter into a development agreement before the City Council takes final action on annexation and zoning and re-zoning designation; and I.I2 "DEVELOPERn deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.13 WHEREAS, ~City" requires the "Developer' to enter into a development agreement for the purpose of ensuring that "Property I ~ and 'Property 2" are developed, and the subsequent use of the ~Propetties~ is, in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City' in the proceedings for annexation and zoning and re-zoning designation from government subdivisions providing sexvices within the plmming jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 2 I, 1993, Ordinance #629, Jmxua~ 4, 1994, and the Zoning and Development Ordinance codified in Title I 1, Municipal Code of the City of Meridian. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVE~NT AGREEMENT -'(AZ-99-012 and RZ-99-007) - 3 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in tl~is section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same require~ otherwise: 3.1 "ClTY': means and refers to the City of Meridian, a party to this Agreement, which is a mtmicipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Developers Diversified Realty Corporation, and its suceessors, assigns and affiliates, whose address is 3300 Enterprise. Parkway, Beachwood, Ohio 44122, the party developing 'Prope.~y 1" and/or 'Property 2" and shall indude any subsequent owner(s)/developer(s) of the 'Property~. 3.3 "OWNER 1": means and refers to Owners of Property 1, Exhibit 'A", Terrace Lawn Memorial Gardens, Inc., whose address is 1200 N. Cloverdale Road, Boise, Idaho. 3.4 'OWNER 2": means and refers to Owner of Property 2, Exhibit B,, and Hermes Associates, LTD, a Utah Limited Partnership, whose address is c/o Developers Diversified Realty Corporation, :3300 Enterprise Parkway, Beachwood, Ohio 44122. 3.5 'PROPERTY 1 ~: means and refers to Property 1, owned by Terrace Lawn Memorial Gardens, Inc. and Developers Diversified Realty Corporation, 3300 Enterprise Parkway, Beachwood, Ohio 44122, which are those certain paved(s) of "Property~ located in tJ~e County of Ada, City of Meridian as described in Exhibit "Ar and "A- I", attached hereto and by this reference incorporated herein as if set forth at length. 3.6 "PROPERTY 2": means and refers to Hermes Associates, LTD, a Utah Limited Partnership, those ~xtain parcel(s) of ~Property~ located in the County of Ada, City of Meridian as described in DEVELOPMI~NT AGREEMENT - (AZ=99.,012 ~d _RZ-99-O0~) - 4 Exhibit 'B~, attached hereto and by this reference incorporated herein as if set forth at length. 4. For purposes of this Agreement, Owner l's responsibilities shall be subject only to those provisions of this Agreement which make reference to Property 1, even though for ease of reference there are numerous references to Developer/Owner. 5. USES PERMITTED BY THIS AGREEMENT: 5.1 The uses allowed pursuant to this Agreement are only those uses allowed under 'City"s Zoning Ordinance codified at Meridian City Code §1 1-7-2 I which are. herein specified as follows: (C-C) Community Business District: The purpose of the (C-C) District is to permit the establishment of gealeral business uses that are of a larger scale than a neighborhood business, and to encourage the devdopment of modern shopping centers with adequate off- street parking facilities, and associated site amenities to sexve area residents and employee~; to prohibit strip commexcial devdopment and encourage the clustering of commercial enterprises. All such districts shall have direct access t.o a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. With the further restriction that all uses and development of the subject real Pr°perty shall be governed under the conditional use perrnit process as a planned development. For the co&vtruc~ion and development of a commercial 5.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 6. DEVELOPMENT AS CONDITIONAL USE: 'Developer/Owner l/Owner 2' has submitted to 'City~ an application for conditional use permit, and shall be required to obtain the "City~'s approval thereof, in accord.ance to the DI~VF, LOPMENT AGREF, MENT - (AZ-Vg-012 ami RZOg.007) - 5 City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the comn~encement of construction of any buildings or improvements on the "Property 1 ' and/or "Property 2". 7. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 7.A ~Developer/Ownex l/Owner 2' shall develop the 'Property" in accordance with the following specia] conditions: 7.1 Dedicate suffident additional right-of-way to total 60-feet from section line of Fairview Avenue abutting the entire site. The right-of- way sl~all 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. 7.2 Dedicate 76-feet of right-of-way (38-feet from the centefline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-way (30-feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat~ or execution of a warranty deed. to Ada County Highway District prior t.o issuance of a any Certificate of Occupancy. 7.3 Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting "Property 1" and "Property 2' (approximately 822-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development of any portion of ~Propexty 1" or "Property 2~ showing the sidewalk must be approved prior to issuance of a building permit for the respective portion of ~Pmperty I" or 'Pwperty 2". 7.4 Prior to opening any business on any portion of "Property 1" or "Property 2", construct pavement widening on Fairview Avenue adjacent the propegty upon which such store will open to add one eastbo~md lane from Records Drive to the east property line of such property. DEVELOPMENT AGiil~.RMENT. (AZ-rM.012 'and RZ-99-00D - 6 7.5 Construct a maximum of three driveways on Faintiew Avenue a minimum of 440-feet for a full access driveway and 220-feet for a right4n/right-out driveway from any public street intersection and 220,feet from all e, xisting 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 pavetnent tapers with 15-foot radii. Coordinate the design, storage length and location of any proposed driveways with Ada County Highway District staff. 7.6 Construct Records Drive as a 65-foot street section (with curb, gutter and 5-foot wide concrete sidewalk) from Fairview Avenue to a point 300-feet south of Falrview Avenue. Records Drive shall be located approximately 2, I O0-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left ttcrn 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 suffident right-of-way for the noted improvements. 7.7 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 Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Subnfit the signal design to District staff for approval prior to construction. 7.8 A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175-feet south of Fairview Avenue and aligned or offset 150-feet from all existing or proposed driveways. The driveways shall be conraucted as 24 to 30-foot curb return driveway with ! 5-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. DEVEI.G~,~qT AGREEMEICr. (AZ-~9.012 and RZ-99-007) - 7 7.9 7.10 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. Applicant shall submit a revised legal description to meet all of the criteria required by Meridian City Resolution I $8, and the Idaho State Tax Commission for the rezone. 7.11 Applicant shall prepare and submit a subdivision plat for any splitting of property. 7.12 Applicant shall satisfy all fire code requirements induding those pertaining to water flow attd fire hydrants. 8. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the 'Developer/Owner I/Owner 2' or ~Developer/Owner l/O~mer 2~'s heirs, successors, assigns, to comply with Sections 5 and 7 entitled 'Conditions Governing Development of subject 'Property'' of this agreement within two (2) years of the date this Agreement is effective, and after the 'City' has coinplied with the notice and heating procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 9. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: ~Developer/Owner l/Owner 2" consents upon default to the de'annexation and/or a reversal of the zoning designation of the "Property' to which the default applies subject to and conditioned upon the following conditions precedent to-wit: 9.1 That the "City" provide written notice of any failure to comply with this Agreement to ~Developer/Owner l/Owner 2" and if the ~Developer/Or~er I/Owner 2~ fails to cure such failure within six (6) months of such notice. 10. INSPECTION: 'Developer/Owner l/Owner 2' shall, immediately upon completion of any portion or the entin~ty of said development of the aProperty~ as required by this agreement or by City ordinance or policy, notify the City DEVEIX)PMENT AGRi~MBNT - (Ag-99.012 ami RZ-99-007) - 8 Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Developmem Agreement and all other ordinances of the ~City' that apply to said Development. 11. DEFAULT: 11.1 In the event ~Developex/Ownet 1/Owner 2', ~Developer/Owner 1/ Owner 2"s heirs, successors, assigns, or subsequent owners of the ~Property' or any other person acquiring an interest in the ~Property~, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the ~Property~, this Agreement may be. modified or terminated with respect to the "Property" which is in default by the "City' upon compliance with the requirements of the Zoning Ordinance. 1 1.2 A waiver by "City' of any default by "Developex/Owner l/Owner 2' of any one or more of the covenants or conditions hereof shall apply soldy to the breach and breaches waived and shall not bar any other rights or remedies of ~City' or apply to any subsequent breach of any such or other covenants and conditions. ! 2'. REQUIREMENT FOR RECORDATION: ~City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at ~Developer/Owner l/Owner 2% cost, and submit proof of such recording to "Developer/Owner i/Owner 2% prior to the tlfird reading of the Meridian Zoning Ordinance in connection with the mmexation and zoning of the ~Property' by the City CoUncil. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the ~Property" contemplated hereby, the "City' shall execute and record an appropriate instrument of release of this Agreement. 13. ZONING: 'City' shall, following recordation of the duly approved Agreement. enact a valid and binding ordinance zoning thc ~Property" as specified herein. 14. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either 'City~ or ~Developer/Owner 1/Owner 2', or by DEVELOPMENT AGREEMENT - (AZ-99-012 aud EZ-99.007) - 9 any successor or successors in title or by the assigns of the parties hereto, Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 14.1 In the event of a matexial breach of this Agreement, the parties agree that 'City' and 'Developer/Owner 1/Owner 2' shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; p~ovided, however, that in the case of any such defa~flt which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecxste the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessa~ to complete the curing of the same with diligence and continuity. 14.2 In the event the perfom~ancc of any covenant to be performed hereunder by either 'Developer/Owner I/Owner 2~ or ~City' is delayed for cau.ses which are beyond the reasonable control of the party responsible for such pcdormancc, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 15. SURETY OF PERFORMANCE: Tixe 'City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified dzeck or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements required in section 7 of-tiffs agreement, which the 'Devdoper/Owner l/Owner 2' agrees to provide, if required by the "City'. 16. CERTIFICATE OF OCCUPANCY: The 'Developer/Owner I/Owner 2' agrees that no Certificates of Occupancy'will be issued until all improvements required in section 7 of this agreement are completed, unless the 'City' and 'DevelopeffOwnet l/Owner 2' have entered into an addendum agreement stating when the improvements required in section 7 of this agreement will be completed in a phased development; and in any event, no Certificates of Occupancy shall be DEVE~ AGRP. EMENT - (AZ-99-012 and RZ-99~}0'/) - 10 issued in any phase in wtfieh the improvements required in section 7 of this agreement have not been installed, completed, and accepted by the ~City". 17. ABIDE BY AI.L CITY ORDINANCES: That ~Developer/Owner l/Owner 2~ agrees to abide by all ordinances of the City of Meridian and ~Propert. y 1" and/or ~Property 2" as the case may be shall be subject to de-annexation if the owner or his assigns, heirs, or succe~ssors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 18. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when perSOnally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPE~ Developers Diversified Realty Corporation. 3300 Enterprise Parkway Beachwood, Ohio 4411!2 ATTN: Eric M. Mallory with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 C/O Dakota Company, Inc. 380 E. Parkcenter Blvd., Suite 100 Boise, Idaho 83706 ATFN: Larry Durkit~ OWNERS: ~ Property 1' Terrace Lawn Memorial Gardens, Inc. 1200 N. Cloverrl.~ie Road Boise, Idaho DEVELOPMI~NT AGRF_,I~VIENT - (AZ-99-012 alld R7_~99-00'/) - I 1 c/o Developers Diversified Realty Corporation, 3300 Enterpri~ Parkway, Beachwood, Ohio 44122 "Property Hermes Associates, LTD, a Utah Limited Partnership edo Developers Diversified Realty Corporation, 3300 Enterprise Parkway, Beachwood, Ohio 44122 18.1 A party shall have the right to change its address by delivering to thc other party a written notification thexeof in accordance with thc requirements of this section. 19. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate comract between the parties and shall survive any default, termination or forfeiture of this Agreement. 20. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the faihire to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 21. BINDING UPON SUCCESSORS: Tiffs Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal rt~resentatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the 'Property', each subsequent owner and any othex person acquiring an interest in the 'Property'. Nothing herein shall in any way prevent sale or alienation of the ~Property~, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. 'City" DE~NT AGREEMENT - (AZ-99-012 nnd RZ-99-007) - 12 agrees, upon written request of "Developer/Owner 1/Owner 2', to execute appropriate and recordable evidence of termination of this Agreement if 'City", in its sole and reasonable discretion, had determined that "Developer/Owner I/ Owner 2~ has fully performed its obligations under this Agreement. 22. INVALID PROVISION: If any provision of this Agreemem is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the othex provisions contained herein. 23. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and tmderstandings between "Developer/Owner I/Ownex 2~ and ~City~ relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between ~Developer/Owner l/Owner 2' and "City", other than as are stated herein. Except as hexein otherwise provided, no subsequent alteration, amendment, change, addendum or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing signed by them or their successors in interest or their assigns, and pursuant, with respect to "City', to a duly adopted ordinance or resolution of ~City~. 23.1 No condition governing the uses and/or conditions governing development of the subiecx "Property~ herein provided for can be modified or amended without the approval of the City Council after the "'City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment except that minor modification(s) of required improvements provided for in section 7 may be approved by City Public Works and Planning and Zoning Staff, if such changes are required or preferred by Ada County Highway District Staff. 24. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to thc Meridian Zoning Ordinance in connection with the annexation and zoning of the ~Property~ and execution of thc Mayor and City Ciexk. DEVELOPMENT AGREEMENT - (AZ-99-012 and RZ.99-00T) - 13 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. ATTEST: Joarbl0. Allgood~,- ~:etary DEVELOPERS DIVERSIFIED REALTY CORPORATION, an Ohio corporation D e~x~er F) ~ By: ~ ~ Daniel B. HurwiCm~" (Print Name) Its: Executive Vice President ATTEST: JoanJ~. Allgood, S~c~retary ATTEST: __ Secretary "Property 1" DEVELOPERS DIVERSIFIED REALTY CORPORATION, an Ohio corporation . urwit~ / (Print Name) Its: Executive Vice P~ TERRACE LAWN MEMORIAL GARDENS, INC., Owner By: Timothy T. Gibson, President "Property 2" HERMES ASSOCIATES, LTD. a Utah limited partnership By DDR Family Centers LP Its General Parmer By DDR DownREIT LLC Its General Parmer By Developers Diversified Realty Corporation, its Managing Member Daniel B. urwit ~(Print Name) Its: Executive Vice President DEVELOPMENT AGREEMENT - (AZ-99-012 and RZ-99-007) - 14 ATTEST: Attest: BY RESOLUTION NO. 3//~-~ CITY OF MERIDIAN _~ BEK . .T~'tt$illllflllllt. DEVF_,LOPME~ AGREEMENT - (AZ-~-OI2 and RZ-99-007] - 15 STATE OF OHIO ) ) SS: COUNTY OF CUYAHOGA ) BEFORE ME, a Notary Public in and for said County and State, personally appeared Daniel B. Hurwitz, Executive Vice President of DEVELOPERS DIVERSIFIED REALTY CORPORATION, the corporation which executed the foregoing instrument, who acknowledged that he did sign the foregoing instrument for, and on behalf of said corporation being thereunto duly authorized by its Board of Directors, that the same is his free act and deed as such officer and the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal Beachwood, Ohio, this /6 ~ day of ')~t~ ,2000. Notary P b6,.b])c ELIZABETI~ A~ RY Notary Public, State~%' ~, C~a. CtS. My Commission ~h~lSt DEVELOPMENT AGREEMENT - (AZ-99-012 and RZ-99-007) - 16 STATE OF IDAHO) COUNTY OF ADA thisj_~day of ~'~~._..-;..-, in the year 2000, before me, a Nota~ Public, per~oxaally ap , known or identified, to me to whose name is subscribed the within instrument ~ ~'e'/'~atee be the m-zson flt~~that executed the ~aid in_stru~, ent,,/mad _ac_~.~ed. ged tO me tha~he executed the same a~:'~~R ~-$~-~-~c 5'~f e~t~4'. ~ STATE ) 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 Gorporation, Managing Member of DDR DownREIT LLG, Genexal Partner of DDR Family Centers LP, the General Partner of Hermes Associates, Ltd., the limited partnership which executed the foregoing instnanent, who acknowledged that he did execute the foregoing instrument on behalf of said corporation and the stone is his free and voluntary act and deed as Executive Vice President of Developers Diversified Realty Gorporafion, Managing Member of DDR DownREIT LLC, General Partner of DDR Family Centers LP, General Partner of said limited parmership and is the free act and deed. of said limited partne_~hip for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official aeal at Beachwood, Ohio, this ~y of ~ ~/'- .2000. · 0 Notary Public DEVELOPME~ AGREEMENT - (AZ-99-012 and RZ-99-O0'/) - 17 ELIZABETH A._ 13EFaRY Notary Public, State of Ohio,'Cuya. Cty. My Commission Exl)ires Mar. 8, 300 (SE L) Notary Public STATE OF IDAHO ) :$$ County of Ada ) a Notmy Public, personally appe~re.d Robert D. Gorrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, wh° executed the instrument or the person that executed the instnunent of bdmlf of said City, and acknowledged to me that such City executed the same. ~4o~olie for Idaho Commission expires: DEVEL~IvIENT AGREEMENT - (~-~.-012 and RZ..9~-007) - Ill EXHIBIT A Le~a!.._Description Of Pro.~erty I DEV~NT AGREEMENT - (AZ-~.,'9.012 and RZ-99-007) - 19 / HUBBLE ENGINEERING, INC. 9550 Bethel Court · Boise, Idaho 83709 208/322-8992 · Fax 208/378-0329 Project No. 9904000 April 30, 1999 DESCRIPTION FOR FAMILY.,CENTERS AT MERIDIAN ADDITIONAL PROPERTY 'ANNEXATION. A parcel of'land located 'in the NWl/4 of the NE1/4 of Section 9, T.3N., R. 1E., B.M., Ada County, Idaho, more particularly described as follows: 7 Beginning at the Nl/4 comer of said Section 9 from which the NE comer of said Section 9 bears South 89'22'32" East, 2659.01 feet; thence along said section line South 89'22'10' East, 708.49 feet thence leaving said secti°n line South 00'37'28' West, 47.09 feet to a point on the South right-of-way line of Fain/Jew Ave. (US Highway 30); thence leaving said South right-of-way line South 14'59'32" West, 276.87 feet;, thence South 00°48'14" West, 554.06 feet; thence North 89'35'24" West, 640.79 feet to a point on the North-South centedine of said Section 9; then~.e along said NoAh-South center line North 00'48'14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less. J U L 2' 2 1999 MER~)UU~ PUBUC WOt:n(S DEPT. GGC/vw/familycentersMerid-annex ' Prepared by: :.... HUBBLE ENGINEERING, ]..NC. Gregory G. Carter, P.LS. EXHIBIT "A" T~'-'Alr 1~C31~ AT.QO_(319 Le_t~al Description Of Pro?rt.v I (Parcel I and. Parcel DEVELOPMENT AGREEMENT - (AZ-99-012 and RZ-99-007) - 20 HA~?-15-00 16,31 FROH=DEVELOPERS DIUERSIFIED ID,21E;247111E) PAGE 4/6 Q. HUBBLE ENGINEERING: IN . 9C:~50 Bethel Court '. Boise, Idaho 83709 ~T~T "A" 208/322-8992 · Fax 208/378-0329 Project No. 0003700 GIBSON PARCEL PROPERTY DESCRIPTION Februan/2. 2000 Revised Fei)maP/25, 2000 A parcel of land located in the NWl/4 of the NEll4 of Section 9, T.3N., R,1E., B.M.. Ada County. Idaho, .as shown on Record of Survey No. 1283, filed for re.rd in the office of the Ada County Recorder, Boise. Idaho, and more particularly described as follows: Commencing at an iron pin marking the North 1/4 comer of said Section 9; thence along the centerline of said Section 9 South 00'48'14" West, 49.74 feet to the South right-of-way line of Fairview Avenue, said point being the REAL POINT OF BEGINNING; thence alor~:j said South right-of-way line South 89'35'24" East, (formerly South 89°35'00" East) 432.45 feet; thence leaving said South dgh. t-of-way line South 00'42'48" West, 503.18 feet; thence North 89°35'24" West, (formerly North 89'35'00" West) 433.25'feet to said centedine of Section 9; thence along said centedine North 00'48'14" East, 503.19 feet to the Point of Beginning. Contains 5.000 aores, more or less. Prepared by:, HUBBLE ENGINEERING, INC. Todd R. Waite, P.LS. J:~HEl~iD~Survey~Projects~TG3ALT^11g~Legal Oescdp{ions~TRW-Gib$on-Per. doc 0~/29/1999 09:59 208385069G TEALEYS LAND 91.J:L:'VE¥ P~G-'E_ 02 TEALEY'S LAND SURVEYING 915 West Jefferson Street · Boise, Idaho 83702 (208) 385-OG3G Fax (208) 385-OGCjG Project. No.: ! 882 Date: April 29, 1999 DESCRIPTION FOR TIM GIBSON - PARCEL 2 A parcel of land being a portion of the NW !/4 of thc NE i/4 °t' Section 9, T.3N., R. IE., B.M., Ada County, Idaho. and more partieulazly described as follows: Commencing at an iron pin marking the North I.t4 comer of said Section 9; thence along the centcrl~e of said Section 9 South 00°45'35'' We.st, formerly South 00°48' 14" West, 49.74 feet to a brass cap on the South right-of-way line of Fairview Avenue; thence along said South right-of-way line South $9°35'00" East 432.45 feet to an iron pi~ marking the POINT OF BEGINNING; thence continuing South 89°35'00" East 276.21 feet to a point; thence leaving Mid South' right-of- way line South i 5°00'00'' West 276.88 feet to a point; thence South 00048'35'. West 554.06 t~et to a point; thence North 89035'00'' West 640.79 feet to a point on said centerlinc of Section 9; thence along said centcrline North 00°48'35'' East 31 $.$3 feet to an iron pin; thence leaving said centerline South 89°35'00" East 433.30 feet to an iron pin; thence North 00°42'46' East 503.1 g feet to the POINT OF BEGINNING, Said parcel of land contains 7.30 acres, more or less. .. D-~/29/1999- 89:5~J ~83850695 ~- AIRVIEW AVIr NUt-- $ 89' 35'00' E 029.56' I S 8~'.~ oo' r 640 PARCEL. Zt i.~J98 e,q.f I. &.&O0 ec( S 89'2t'~6' E 1335.B5' EXHIBIT B Legal Description Of Propert.v 2 DEVELOPMENT AGREEMENT -(AZ-99-012 and RZ-99-007) -2t QHUBBLE ENGINEERING, INC. 9550 Bethe---------~ C'-~'~; Boise----'~ Idah~--'~ 8370----'~ 208/322-8992 , Fax 208/378-0329 Project No. 9925000 January 12, 2000 RECORDS EAST SUBDIVISION REZONE DESCRIPTION FOR WESTERLY PARCEL A parcel of land located in the NEll4 of the NWl/4 of Section 9, T.3N., R.1E., B.M., Ada County, Idaho, more particularly described as follows: Commencing atthe 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 NWl/4 of Section 9 to the 1/4 corner common to said Sections 4 and 9 and the REAL POINT OF BEGINNING; thence along the North-South mid-section line of said Section 9 South 0°48'14" West 880°85 feet to the northeast 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°25'57'' and a long chord bearing North 14°11'46" West, 72.23 feet to the beginning of a reverse curve to the right; thence 72.37 feet along said curve to the right, said curve having a radius of 171.75 feet, a central angle of 24°08'33.. and a long chord beadng North 12°16'20" West, 71.83 feet; thence North 00°25'00" East, 743.33 feet to the intersection with the North line of said NWl/4 of Section 9; thence South 89°22'10" East, 636.12 feet along said North line to the Real Point of Beginning. Containing 12.77 acres (556,187 square feet) more or less. Prepared by: HUBBLE ENGINEERING, INC. JIMeridianCrossroads21PJSlvwlRecordsEast-Rezone Patrick J. Scheffler, P.L.S. EXHIBIT C Findin~ of Fact and Conclusions of.Law/Conditions of.Ap_oroval DEVELOPMENT AGR~ - (AZ-99-012 and RZ-.99-007) - 22 Revised 11-18-99 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF DEVELOPER ) DIVERSIFIED REALTY CORP., ) THE APPLICATION FOR ) ANNEXATION AND ZONING ) OF 13.09 ACRES FOR ) EXPANSION OF FAMILY ) CENTER AND CROSSROADS ) MALL, 4000 E. FAIRVIEW AVE., ) MERIDIAN, IDAHO ) Case No. AZ-99-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on November 3, 1999, at the hour of 7:00 o'clock p.m., and Shari S~:iles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Larry Durkin from Developers Diversified Realty Corp., and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 zoning ,,vas published for t~vo (2) consecutive weeks prior to said public hearing scheduled for November 3, 1999, before the City CoUncil, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen(15) days prior to said hearing and ~vith the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations ai public service announcements; and the matter having been duly considered by the City Council at the November 3, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and deVelopment ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 evidence. and maps and the ordinance Establishing the Impact Area Boundary.. 4. The property is approximately 13.09 acres in size. The property is located at 4000 E. Fairview Ave., Meridian, Idaho, and described as follo,vs: A parcel of land located in the NWl/4 of the NE 1/4 of Section 9, T. 3N., R. 1E., B.M., Ada County, Idaho, more particularly described as follo,vs: Beginning at the N1/4 corner of said Section 9 from ,vhich the NE corner of said Section 9 bears South 89022'32'' East, 2659.01 feet; thence along said section line South 89°22'10'' East, 708.49 feet; thence leaving said section line South 00037'28'' West, 47.09 feet to a point on the South right-of-way line of Falrview Ave. (US Highway 30); thence leaving said South right-of-,vay line South 14059'32'' West, 276.87 feet; thence South 00°48'14'' West, 554.06 feet; thence North 89035'24'' West, 640.79 feet to a point on the North-South centefline 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 Parkway, Beechwood, Ohio. 7. The property is presently zoned by Ada County as Rural Transitional (R-T), and consists of a sod farm and cemetery. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 8. The real property ~vhich is the subject of this application will be joine~l and developed with the real property, ~vhich is the subject of a companion application in action "In the Matter of the Request for Rezone of appro,'cimately 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 follo~ving FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 manner: construction and development of a commercial shopping center. 15. The Applicant requests zoning of the subject real property as Community Business (CC) ~vhich 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 ~vill not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Ada County Highway District as follows: 17.1 Dedicate sufficient additional right-of-way to total 60-feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 17.2 Dedicate 76-feet of right-of-way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-way (30-feet from centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 17.3 17.4 17.5 17.6 17.7 Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development sho~ving the sidewalk must be approved prior to issuance of a building permit. Prior to opening of the development, construct pavement ;videning on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. Construct a n~aximum of three drive;vays 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 drive~vay width will be 40-feet with a minimum storage length of 100-feet. Install a 36" by 36" high intensity STOP sign at the drive~vay's intersection ~vith Fairview Avenue. Construct pavement tapers ~vith 15-foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. Construct Records Drive as a 65-foot street section (~vith curb, gutter and 5-foot ~vide concrete sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2, lO0-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left-turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 17.8 17.9 A maximum of three drive~vays are approved on Records Drive. The. drive~vays shall be located a minimum of 175-feet south of Fairvie~v Avenue and aligned or offset 150-feet from all existing or proposed drive~vays. The drive~vays shall be constructed as 24 to 30-foot curb return driveway with 15-foot curb radii. The minimum storage len~h shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection ~vith Presidential Drive. Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairvie~v Avenue is prohibited. 18. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 17, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 19. It is found that the development considerations which must be taken .into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 glare and odors, and can best be handled by requiring as a condition of development and use on said parcel that all development and use on and of the subject real property will be subject to a conditional use permit process. 20. The proposed development will serve existing and grooving needs and ~vill 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 Communify Shopping Centers should be guided by peuCormance and development standards ~vhich consider that CommerciaI Activi!y Centers be located in proximify to other commercial developments and minimize impacts upon other adjacent areas. 21.2 The Commercial Policies Section states - Communif7 Shopping Centers ~vill be encouraged to locate at arterial intersections and near high-traffic intensify areas. 22. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section I 1- 2-417 provides the City may annex real property that is ~vithin the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.1 Commercial and retail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states - The location of Community Shopping Centers should be guided by performance and development standards which consider that Commercial Activity Centers be located in proximity to other commercial developments and minimize impacts upon other adjacent areas. 4.2 The Commercial Policies Section states - Community Shopping Centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. The requested zoning of Meridian Community Business District (CC), FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 is defined in the Zoning Ordinance at i 1-2-408 B 9 of the Revised and Compiled.' Ordinances of the City of Meridian, as follo~vs: (C-C) Community Business District: The purpose of the (C-C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and 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 APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 condition of the zoning, that an o~vner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 13.09 acres to Community Business District Zone (C-C) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 13.09 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for an~texation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement, and such Development Agreement shall also include and contain the conditions of and for the real property which is the subject of the rezoning application Case No. RZ-99-007, that provides in the event the conditions therein are not met by the Owner/Developer that the FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 .' property shall be subject to re-zone and/or de-annexation, ~v/th 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 froTM centerline) for Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. 17.4 Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 17.5 Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. 17.6 Construct a maximum of three driveways on Fairview Avenue a minimum of 440-feet for a full access driveway and 220-feet for a right- in/right-out driveway from any public street intersection and 220-feet from all existing or proposed driveways. The maximum driveway width FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 will be 40-feet ,vith a minimum storage length of 100-feet. Install a 36" by 36" high intensity STOP sign at the drive~vay's intersection with Fairview Avenue. Construct pavement tapers ~vith 15-foot radii. Coordinate the design, storage length and location of any proposed drive,vays with District staff. 17.7 Construct Records Drive as a 65-foot street section (with curb, gutter and 5-foot ~vide concrete sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2,100-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide t~vo northbound left turn lanes and one northbound througlVright-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300-feet south of Fairvie;v. Dedicate sufficient right-of-~vay 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 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. 17.9 A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175-feet south of Fairview Avenue and aligned or offset 150-feet from all existing or proposed driveways. The driveWays shall be constructed as 24 to 30-foot curb return driveway with 15-foot curb radii. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 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 GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 Tax Commission for the rezone. 17.12 Applicant shall prepare and submit a subdivision plat for any splitting of property. 17.13 Applicant shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C-C) Community Business District (§ 11-2-408 B 9 of the Revised and Compiled Ordinances of the City of Meridian). 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who FINDINGS OF FACT AND CONCLUSIONS OF LAW-Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 has an interest in real property ~vhich may be adversely affected by the issuance or.' denial of the annexation and zoning and who may within t~venty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the dayof r/~ k"-~'~ '~'t.. ,1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED_~A-''' COUNCILMAN GLENN BENTLEY VOTED_~t-'' COUNCILMAN KEITH BIRD VOTED_~c-- COUNCILMAN CHARLIE ROUNTREE VOTED MAYOR ROBERT D. CORRIE (TIE BREAK~R) DATED: VOTED MOTION: APPROVBD~ t ~/~~-~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 Copy served upon Applicant, the Planning and Zoning Department, Public Works' Department and the City Attorney. By: ~_~,/J"',~//~,~/-~ 4 Dated: C-fty Clerk ' ' // fi' msg/Z:\WorkkM~vleridian 15360MX, Developers DiversifiedVkZFfCls FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 Findin~so_f?act and Coj~c~sions of ..Law/Conditions of Approva~l DEVELOPMENT AGRF_,EMENT = (AZ-99-012 a~d RZ-99-l~}7)- 23 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN I I-11-99 IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY I 1.4 ACRES FOR EXPANSION OF MERIDIAN FAMILY CENTER/CROSSROADS MALL DEVELOPER DIVERSIFIED REALTY CORP/'DAKOTA CO., Applicant. Case No: RZ-99-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND OR.DER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 11.4 acres having come on for public hearing on November 3, 1999, at the hour of 7:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and Shari Stiles, Planning and Zoning Administrator, and Larry Durkin of Developers Diversified Realty Corp/Dakota Company, Inc., for the Applicant, appeared and testified; and no one appeared in opposition to the request, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City- Council, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF I 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - I FINDINGS OF FACT I. The notice of public lxearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for November 3, 1999, before the City Council, the first, publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations 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 takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND OI:LDER OF APPROVAl, OF ILEZONING OF I 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL/(RZ,-99-007) - 2 Meridian, and all current zoning maps thereof, and the Comprehensive Plan or' the. City of Meridian adopted December 21, 1993, Ordinance No. 629 -- January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 11.4 acres in size. The property is generally located V, mile east of Eagle Road south of Fairview Avenue, in Meridian, Idaho, and is described as follows: A parcel of land located in the NE 1/4 of the NW 1/4 of Section 9, T. 3N., R. 1E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 5, 8 and the said Section 9, thence South 89°22'10" East, 2659.63 feet to the 1/4 corner common to said Sections 4 and 9; thence South 0°48'14" West, 49.74 feet to a point on the southerly right-of-way of Fairview Avenue, said point being the Real Point of Beginning. Thence continuing along the north-south mid-section line South 0°48'14" West, 831.11 feet to a point; Thence North 89°35'32'' West, 596.18 feet to a point; Thence North 0°25'00'' East, 831.11 feet to a point on the southerly right-of-way of FairView Avenue; Thence along said right-of-way South 89°35'24'' East, 601.79 feet to the Real Point of Beginning. Containing I 1.42 acres (497,816 square feet), more or less. _ 5. The real property which is the subject of this application will be joined and developed with the real property which is the subject of a companion FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF I 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL/(RZ-99-007) - 3 application in action "In the Matter of the Application of DeVeloper Diversified Realty Corp., the ApplicatiOn for Annexation and Zoning of 13.09 acres for Expansion of Family Center and Crossroads Mall, 4000 E. Fairview Ave., Meridian, Idaho" [AZ-99-012]. 6. The owner of record of the subject property is Developers Diversified Realty Corp., of 3300 Enterprise Parkway, Beechwood, Ohio. 7. The Applicant is the owner of record. 8. The property is present'ly 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 1 I-2-408 B 9 of the Revised and Compiled Ordinances of the City of Meridian. 10. The proposed site is surrounded by Crossroads Subdivision to the south, Terrace Lawns Memorial Gardens to the east, agricultural land to the n:orth and the Meridian Family Center/Meridian Crossroads Mall to the west. I I. The subject property is within city limits of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban gervice Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subiect property in the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF I 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY COP.P/ DAIr,.OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL/(R.Z-99-O07) - 4 t'ollo,ving manner: continued construction and development of the Meridian Fami!y Center/Meridian Crossroads Mall. 14. The Applicant's requested rezoning of the subject real property as Community Business District (CC) is consistent ,vith the commercial designation pending ,vith the Meridian City Council on amendment of the Meridian Comprehensive Plan Generalized Land Use Map which would designate the subject property as Commercial, there is a pending application for amendment to the Comprehensive Plan from Single Family Residential to Commercial. If the Comprehensive Plan change is granted, this application would be consistent with the Comprehensive Plan Generalized Land Use Map. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. The subject application for rezone and the proposed development · relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: ;' 16.1 Commercial and retail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states - The location of Commu!a_ity 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. 16.2 The Commercial Policies Section states - Community Shopping FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDiAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 5 Centers ,rill be encouraged to locate at arterial intersections and near high-traffic intensity areas. 17. In review of the application for rezone it is provided at Section i 1-2-416K of the Municipal Code for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 17.1 The area included in the zoning amendment is not intended to be rezoned in the future; 17.2 17.3 17.4 17.5 That the applicant is agreeable to a requirement that all development of the subject real property be accomplished under the conditional use process, which is found as a reasonable condition of granting the application to be imposed by a development agreement; The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions of the conditional use process; The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; The area will be served adequately by essential public - facilities and services such as highways, streets, police a~d fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL/(RZ-99-007) - 6 17.6 The use will not create excessive additional requirements' at public cost for public facilities and services and will not be detrimental to the economic welfare of the communitv, subject to the conditions of rezone in conjunction with the conditions of development as required in the Development Agreement required in AZ-99-012 "In the Matter of the Application of Developer Diversified Realty Corp., the Application for Annexation and Zoning of 13.09 acres for Expansion of Family Center and Crossroads Mall, 4000 E. Fairview Ave., Meridian, Idaho" set forth as follo~vs: 17.6.1 Dedicate sufficient additional right-of-,vay 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. 17.6.2 17.6.3 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. Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be _ approved prior to issuance of a building permit. -: 17.6.4 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF I 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL/(tLZ-99-007) - 7 17.6.5 17.6.6 17.6.7 Construct a maximum of three drivexvays on Fairviesv 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 Mdth will be 40-feet with a minimum storage length of 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. Construct Records Drive as a 65-foot street section (with curb, gutter and 5-foot wide concrete sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2,100-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre- emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased, from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to - allow the future construction of dual left-turn lar~es on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY COP.P/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (R.Z-99-OOT) - 8 17.6.8 A ma.,cimum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175-feet south of Fairview Avenue and aligned or offset 150-feet from all e.,cisting 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. 17.6.9 17.6.10 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. Applicant shall submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158, and the Idah© State Tax Commission for the rezone. 17.6.11 Applicant shall prepare and submit a subdivision plat for any splitting of property. 17.6.12 Applicant shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 17.7 The proposed use will not involve a use, activity, process, material, equipment and condition of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, subject to the conditions of the conditional use process; - 17.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets, subject to the conditions of development herein imposed as conditions of granting this application; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ILEZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (R_Z-99-O07) - 9 17.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 17.10 The proposed zoning amendment is in the best interest of the City of Meridian. 18. The legal description of the property that is the subject of this application for re-zone is as follo~vs: A parcel of land located in the NE I/4 of the NW 1/4 of Section 9, T. 3N., R. I E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the comer common to Sections 4, 5, 8 and the said Section 9, thence South 89°22'10" East, 2659.613 feet to the I/4 corner common to said Sections 4 and 9; thence South 0°48'14'' West, 49.74 feet to a point on the southerly right-of-way of Fairview Avenue, said point being the Real Point of Beginning. Thence continuing along the north-south mid-section line South 0°48'14" West, 831. l 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 FairvieTM Avenue; Thence along said right-of-way South 89°35'24'' East, 601.79 feet to the Real Point of Beginning. Containing i 1.42 acres (497,816 square feet), more or less. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions e,'cisting within the City and State. 2. The City of Meridian has exercised its authority and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND OR.DER OF APPROVAL OF REZONING OF I 1.4 ACRES BY DEVELOPERS DIVERSIFIED REAL~ CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (R.Z-99-O07) - I 0 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. 3. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 3.1 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. 3.2 The Commercial Policies Section states - Community Shopping Centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. 4. The requested zoning of Community Business District, (C-C) is 'defined in the Zoning Ordinance at 11-2-408B(9) as follows: (C-C) Communi.ty Business District: The purpose of the (C-C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and 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. 5. Idaho Code § 67-6511 provides and requires that the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERiDIAN FAMILY CENTER/ CROSSROADS MALL/(RZ-99-007) - I I shall establish bv ordinance one or more zones or zoning districts in accordance wkh the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration given to the effects of any proposed zone change upon the delivery, of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 6. Idaho Code § 67-6.51 IA provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 'exercised its or developer subject property. 8. follows: 7. The City of Meridian by the adoption of § 11-2-416L has authority to require or permit as a condition of rezoning that an owner make a written commitment concerning the use or develOpment of the § I I-2-407 A ZONING DISTRICT MAP provides in part as The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown FINDINGS OF FACT AND CONCLUSIONS OF' LAW AND DECISION AND ORDER OF APPROVAL OF ILEZONING OF I 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY COR2~/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 12 on the Official Zoning Map, the following shall apply: 8.1 Where district boundaries are indicated as appro.'cimately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 8.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 8.3 Where district boundaries are so indicated that they are approfimately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map: and 8.'t Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 9. § i 1-2-416 K of the Municipal Code GENERAL STANDARDS · APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequat~ evidence answering the following questions about the proposed zoning amendment: 9.1 The new zoning will be harmonious with and in accordance 5uith the Comprehensive Plan. 9.2 The area is not intended to be rezoned in the future. 9.3 The area is intended to be developed in the fashion that is allowed under the new zoning. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF KEZONING OF 11.4 ACP,_ES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (R.Z-99-O07) - 13 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the ex. isting or intended character of the general, vicinity and that such use will not change the essential character of the same area; The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The use will not result in the destruction, loss or damage of a- natural or scenic feature of major importance; and The proposed zoning amendment is in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ILEZONING OF I 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ,-99-007) - 14 DECISION AND ORDER NOW, THEREFOR. E, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: I. The Applicant's request for rezone of appro.'cimately I 1.4 acres for continued construction and development of the Meridian Family Center/Meridian Crossroads Mall is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The City Attorney ,,vas directed in Case No. AZ-99-012 to prepare a development agreement in accordance with the general form used by the City of Meridian for such agreements, with the following special terms and conditions which also relate to in this application to-wit: 2.A That the Development Agreement shall also include and contain the conditions of and for the real property which is the subject of rezoning application, Case No. RZ-99-007. Conditions of Use: ;' 2.1 All development and uses for and of the proposed development shall be developed under the conditional use permit process as a planned development. - Conditions of Development: · 2.2 Dedicate sufficient additional right-of-way to total 60-feet from section line of Fairview Avenue abutting the entire site. The right- of-way shall be dedicated by means of recordation of a final FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED RY_.ALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 15 subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 2.3 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 o~' recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. 2.4 Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822-feet total) prior to issuance of any Certificate of Occupancy. The construction plans for the development showing the sidewalk must be approved prior to issuance of a building permit. 2.5 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. 2.6 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/fight-out driveway from any public street intersection and 220-feet from all existing or proposed driveways. The maximum driveway width will be 'tO-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. 2.7 Construct Records Drive as a 65-foot street section (with curb-, gutter and 5-foot wide concrete sidewalk) from Fairview Aven~e to a point BOO-feet south of Fairview Avenue. Records Drive shall be located approximately 2, lO0-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF R.EZONING OF I 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY COP.P/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (R_Z-99-007) - 16 2.8 2.9 300-feet south of Fairvie~v. Dedicate sufficient right-of-~vay for' the noted improvements. Construct a traffic signal at the Fairvie,v Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to allow the future construction of dual left-turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. A maximum of three driveways are approved on Records Drive. The driveways shall be located a minimum of 175-feet south of Fairview Avenue and aligned or offset 150-feet from all ex. isting or proposed driveways. The driveways shall be constructed as 2'~ to BO-foot curb return driveway with 15-foot curb radii. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 2.10 2.11 2.12 2.13 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. Applicant shall submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State Tax Commission for the rezone. Applicant shall prepare and submit a subdivision plat for any splitting of property. Applicant shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND OR.DER OF APPROVAL OF REZONING OF 1 I.'~ ACRES BY DEVELOPERS DIVERSIFIED RF_..AL~ COP.P/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-O07) - 17 3. The City Attorney shall prepare for consicteration bv the City Council the appropriate ordinance for the re-designation of the zoning for 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) which ordinance shall be considered for passage subsequent to the applicant having executed the development agreement. 4. Subsequent to the passage of the Ordinance, provided for in Se6tion 2 of this Order, the engineering stag of' the Public Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the rezoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED R.EALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 18 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the rezoning may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on ~ , 1999. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN GLENN BENTLEY COUNCILMAN Ird!ilTH BIRD COUNCILMAN CHARLIE ROUNTREE MAYOR ROBERT COR.R.IE (TIE BRF_.~R) DATED: t/t/-t//~- ~/W VOTED VOTED VOTED VOTED VOTED MOTION: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF tLEZONING OF I 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY COILP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER./ CROSSROADS MALL / (RZ-99-007) - 19 APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk ms§/Z:\WorkkM%Mcridian 15360M~Devclopcrs Divcrsificd~'fsCIsOrderREZ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED I:LEALTY COP.P/ DAKOTA CO. FOR EXPANSION OF MERJDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) ' 20