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Carol Professional Center AZ 00-007
.y CITY CLERK FILE CHECKLIST Project Name: Carol Professional Center File No. AZ 00-007 Date Received from Planning and Zoning Department: Unknown Planning and Zoning Level: Hearing Date: April 11, 2000 Q Transmittals to agencies and others: _ March 24, 2000 X❑ Notice to newspaper with publish dates: _ ❑ Certifieds to property owners: _ X❑ Planning and Zoning Commission Recommendation: Notes: City Council Level: 0 Transmittals to agencies and others: M Notice to newspaper with publish dates: © Certifieds to property owners: 0 City Council Action: 03/24/00 and 04/07/00 T] Approve ❑ Deny Hearing Date: May 16, 2000 N/A 04/28/00 and 05/12/00 a,t AA', 2 -GG t= El Approve ❑ Deny LU Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: Approved by Council: -Jt L r z (, 2-6o o ❑ Copies Disbursed: ❑ Findings Recorded Development Agreement: EKSent for signatures: J4,t_" Z, Z()o U Signed by all parties: /<P, 2!O C) EIZApproved by Council: ZD 2000 ❑ Recorded: ❑ Copies Disbursed: Ordinance No. (` Resolution No. Approved by Council: JJ r Q 9'q-lT0-C ❑ Recorded: Deadline: 10 days ❑ Published in newspaper: ❑ Copies Disbursed: Notes: 2 - Resolutions: Resolutions: Original Res / Copy Cert: Minutebook Copy Res / Copy Cert: City Clerk City Engineer City Planner City Attorney Sterling Codifiers Project File Copy Res / Original Cert: Ada County (CPAs) Applicant (non -CPAs) Recorded Ordinances: Original: Minutebook Copies to: City Clerk State Tax Comm. Sterling Codifiers City Attorney City Engineer City Planner Project file Applicant (if appl.) Findings / Orders: Original: Minutebook Copies to: Applicant Project file City Engineer City Planner City Attorney " Record Vacation Findings'* Recorded Development Agreements: Original: Fireproof File Copies to.Applicant Project file City Engineer City Planner City Attorney Statesman' City of Merid P.O. Box 40, Boise, Idaho 83707-0040 APR LEGAL ADVERTISING PROOF OF PUBLICATIO.Nn„n-r;.r,n ;-,_ Account 4 DTI Identification ~Amount: Notary Public for Idaho 064514 218751 PUBLIC HEARING - CAROL w ti i $51.96 Ordered by: P.O. N Rate Run Dates SHELBY NT MAR. 24, APR. 7, 2000 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO STREET 34 MERIDIAN, IDAHO 83642 Affidavit Legal it 1 6717 LEGAL NOTICE PUBLIC HEARING toNthOe OrdinancesRof the GIVEN ity oNf Pursuant and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on April 11, 2000 for the Pur - Pose of reviewing and considering the application of J -U -B Engineers, Inc. for annexation and zoning of 6.68 acres for Proposed Carol Professional Center. Furthermore, the applicant requests a Conditional use permit to reduce the rear setback and preliminary plat for LO zoning. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection dur- Ing regular business hours. A copy of the application is available upon request. Any and all Interested per- sons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 16th day of March, 2000 WILLIAM G. BERG, JR., CITY CLERK Pub. Mar. 24, Apr. 7, 2000 6717 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: TWO =consecutive weekly = single =consecutive daily =odd skip insertion(s) beginning with the issue of: MARCH 2 4 , 2000 and ending with the issue of: APRIL 7 2000 STATE OF IDAHO ) )SS COUNTY OF ADA On this 7 day of APRIL in the year of 2000 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. Notary Public for Idaho Residing at: Boise, Idaho ,�••..••"'L'"'' My Commission expires: ��„i - (��(��—,+ t�,IAG••� , .0. ''. w ti i i • O a • � J • • d” v • I V • .E .o • •�p��,. NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on May 16, 2000, for the purpose of reviewing and considering the application of J -U -B Engineers, Inc., for annexation and rezoning of 6.68 acres from RT to L -O for proposed Carol Professional Center generally located at the west side of Eagle Road between Fairview Avenue and Ustick Road; Furthermore, the applicant requests a Conditional Use Permit to construct an office complex consisting of eight buildings as well as preliminary plat for eight lots. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 17th day of April, 2000 Ir A 9 ILLIAM G. BERG, JFV, Girry CLERK Ott14itltri/^!//l// PUBLISH April 28th and may 12th, 2000 SEAL co D g� LL LU J 9 N r CL a z v w w H Z w V J Q z O W Li O w CL J O L� a 0 U W u acu Ir O U N N a o,o a cc a) C: N m m N O Q Y Q 00 E O N LL ' U —C: a 41 L O d O LL ate- E -� U; coC as � LL N N X U O L N U °' Q c6 O y ii cc� a> LL 4' O) o N C .0 N y L O �Y c Z a O 4) UU a— ❑❑ o - a � � m d c> N _ m 2 N ID N co > N U C Q O a cu o E ma �.0 a cc: C) me � .iE _ cc U ❑❑❑❑ a) a) E LL a O ti o a ma m �o X 'm U tL cc so ❑ ❑❑❑ a 2 N R N L W m N o N c U a mmo aim A ;cacao c W E T r.: o.-2,o, t o p o y � 3 a 7 O - C N a N N um'E° mR n E EEE U U D N o 6 _ y m� mE'o�mc co•Eo°a O W O O N C LN O _ - c U.. 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E c d Ed a c O c o `o o o a) � `.� _EUco tl Uo r O v d a E c a) o� m o .� '� o c d o o Ern m y ,, =E o woe>o o O'er K O U J C O E2o .5 N >oC � C E �cL U O — L tU so9 5 C — ooa N� d N U S N U O N C N � t0 • Oa. o O O 'a C Q U) m O I IC 4) N a� d U_ N 0 v a0 � 0 0 E 7 Z > �crc m .Q Q ti OD Cl) 0 LL U) CL T5 �c o . T5.0 <a) rMl I� 00 O► O rl CO 00 CO CO 00 00 Go a`� N 1� 1� 1� 00 00 00 E� A N V Z.0 yl C d 0 4) N p T N M Lf) T p N J m a Z O C � T N M T T T T T F.. m .Q Q ti OD Cl) 0 LL U) CL rn rn rn a a ti ti oo Cf) O LL U) CL maa��m L aoUc�¢ fV± o E N c p- Q c E2Noa� a 0 m n EN m_ L l0 'XIX m m cw ° E U E o n T c pO c L p L 0 O - Cc d �O aN Q a) ww co C C E nya C N y N N .O a Y� �� C �_ NN'EEcL Eo atv-`nLL EEp-U 0 0 co c N C N- N 'm 'm 0 Q LL o E m O cn :_ U� N L E > (� E N X O V m CO aa) `U �LL SDE U fn -Ox L N 0 w C U)U a50y N wL LL Cw a N — U-01 -cao)0 E d E a) c N 8 E w d - c CC LL �o (D T o o U a mE.oaNc 2 N C C U r N 0,0 ,0 z NO Edo m o ami a) Q oco (D t ❑❑ U drnoEmm N n � (n n'�(nEo> Ou O C N O N N > 0 E N p U N U ^ p C_ L N N c> fp'A o 00� �[D r E a) ` Q c�ioa��iN�E N pC >tC`4 m L N �a o U m¢L^aia',0 CL Q c 0 a Cc N Q U CO C tl ¢U Epp mID m 0 c LL 5 m y N � •L T a � �wa� lb rl Ul 3 a (14 N Z Q Z a R E N 0 a.+0 Z W EL u N LU Z m x Ln N a o0 LL E ,00 v C z N N y �m �+ = E v z 'ran pO N U < O n t0 � �! N a a z' _ a N N N D y > > Z Q -0 EOfn m a N r N CO LOCO 1� QJ M T T r r 22 OMI) 0 J F J rn rn rn a a ti ti oo Cf) O LL U) CL NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on April 11, 2000 for the purpose of reviewing and considering the application of J -U -B Engineers, Inc. for annexation and zoning of 6.68 acres for proposed Carol Professional Center. Furthermore, the applicant requests a conditional use permit to reduce the rear setback and preliminary plat for LO zoning. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 16th day of March, 2000. WILLIAM G. BERG, JR.,XI CLERK 1111 till, OV - PUBLISH March 24 & April 7, 2000. - SEAL '� 9� GSA 1si • •�� . VICINITY MAP CAROL PROFESSIONAL CENTER SCALE 1"=300' E Q m 7 . O a 'Q LL NU Q Y u N O at w U LL N r (u � O N ii L ECo ,U N (Q - Cl) LLL X U O a N Q ¢J 0 :jz O ti ro ¢m a '00 �LL O ami N C � U t 00 a U � m � N m C > 'O L OQ U 7r, C a O N a .E �a m Q 0 ❑LJ El E 11 O N m N N a aEo2 2'CLc wp 0 W 2 U o v 000 a e c� m v) ;s ao(CO�� ao L U C Q >-6 U c 0— U) N N E"'Eymm a) � a) m '- a c°Z��m c a, a E l m o c E'n � OL 52.5 a m_ x=mo EowaET a) o o0 c �2�1 co EomE > c a y m -ami d Nc cu Ecm m c E r a U N m c° ao c y a) .� _ N L E > CD N lxa U ,a1 caEooa°i aXID ct N o mmF N.o_ U 69 !a a1 N j C .N .-- E oc c �a)�ao.o O O o O N c c O .�. � N O m cCD C CD m ca o 1.2 o c �&o-Ern ° m�64>cn E C > � C p R - UO > E Q ti °E a N ° O c_ t N u O U~ G O p O a c m a y C V1 y m m j O L _N a N O N m _ a.E co l0 m O Y C �O N 4 CL a G°i a S U 41 c o E 2 M1"4-1oI (o p p a `oma a � E� p TZ T T T T Lo a] 2 to F- J n Go co LL CO a E E �O . ¢z v � mya M 1 a aani iJ E maw za`6 aD � ,— N ;s ao(CO�� ao L U C Q >-6 U c 0— U) N N E"'Eymm a) � a) m '- a c°Z��m c a, a E l m o c E'n � OL 52.5 a m_ x=mo EowaET a) o o0 c �2�1 co EomE > c a y m -ami d Nc cu Ecm m c E r a U N m c° ao c y a) .� _ N L E > CD N lxa U ,a1 caEooa°i aXID ct N o mmF N.o_ U 69 !a a1 N j C .N .-- E oc c �a)�ao.o O O o O N c c O .�. � N O m cCD C CD m ca o 1.2 o c �&o-Ern ° m�64>cn E C > � C p R - UO > E Q ti °E a N ° O c_ t N u O U~ G O p O a c m a y C V1 y m m j O L _N a N O N m _ a.E co l0 m O Y C �O N 4 CL a G°i a S U 41 c o E 2 M1"4-1oI (o p p a `oma a � E� p TZ T T T T Lo a] 2 to F- J n Go co LL CO a E m Q Q) N 6O -0.Q ¢IL N O M O a p m O U R1 U LL O O a� tmC 0a=a� CL cc '0 4 U) LL E "'a N Co LL X U O 9 Q LO O w LL Lr a a LL O 0 C h p ami c Z to O U � I �O V� o�3a)a)-�a �ocT U M� C0 L U C Q c N N m N a Eti� �65 x— X Eow'aE, ID o o O c H 2 y � � o c ro o� 3 a E o m w m m a� aai - d aNi y E c E m U a C U a _ w cl c o E N X O — m ry N c, U a1 �nEo`oa� c W m c 1 C t h C o N.0 a U a � jp a7 m� �.m.E E E Ca m dam= m c v°acid ao,o O —Eo`°O'Cm � O N OOU a 4) C C a d o E c c m�0amo .E of m d0 mo 0 m fo> z � c E > O 6O O m rnCI U E v C p ~ )ON o cu 6s CD y U 2 C O C N y o U o E c c d H acOo�co m m O Y C d N 3 g ai 4 a m ~ a U � N C o O � V 2 A E y L1 y N _D aU0 a� `oo a_ EL° Z> �D . c E Q Z Op rn LOO d 'o d Q Ea O V% C Zap J T nl cn co Cl) I� co CD O a TZ E *" r r coO r V ns m LL r T O h F- J Cq a MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24, 2000 TRANSMITTAL DATE: March 15, 2000 HEARING DATE: April 11, 2000 FILE NUMBER: AZ -00-007 REQUEST: ANNEXATION AND ZONING OF 6.68 ACRES FOR PROPOSED CAROL ,PROFESSIONAL CENTER BY: J -U -B ENGINEERS, INC. LOCATION OF PROPERTY OR PROJECT: WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW AND USTICK ROAD SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C _TAMMY de WEERD, C/C _WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY J A Good Place to Live LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 CITYOF MERIDIAN PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 (208) 887-2211 - Fax 887-1297 (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 - Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24, 2000 TRANSMITTAL DATE: March 15, 2000 HEARING DATE: April 11, 2000 FILE NUMBER: AZ -00-007 REQUEST: ANNEXATION AND ZONING OF 6.68 ACRES FOR PROPOSED CAROL ,PROFESSIONAL CENTER BY: J -U -B ENGINEERS, INC. LOCATION OF PROPERTY OR PROJECT: WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW AND USTICK ROAD SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C _TAMMY de WEERD, C/C _WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) YOUR CONCISE REMARKS: CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: Carol Professional Center El L 4 Z- OO _C0_1 GENERALLOCATION: West Side of Eagle Road, Between Fairview and Ustick Road. TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Professional Office ACRES OF LAND IN PROPOSED ANNEXATION: PRESENT LAND USE: Vacant PROPOSED LAND USE: Professional Office PRESENT ZONING DISTRICT: RT PROPOSED ZONING DISTRICT: APPLICANT: J -U -B ENGINEERS, Inc. PHONE:376-7330 ADDRESS: 250 S. Beechwood Ave., #201, Boise, ID 83709 ENGINEER, SURVEYOR, OR PLANNER: Nancy A. Taylor PHONE: 376-7330 ��• 1 1 x.09•Will, :• 1 1• OWNER(S) OF RECORD: Jon L. Barnes PHONE: 345-7523 ADDRESS: 1401 Shoreline Dr., P.O. Box 2797, B946e,,,ID 83 of Applicant 200 E. Carlton Suite 201 Meridian, ID 83642 Phone: (208)884-5533 Fax: (208) 888-6854 Fax To: Lawrence Koerner, Nancy Taylor Fax: 323-9336 Phone: 376-7330 City of Meridian Planning & Zoning From: Christy Richardson Pages: 1 Date: 03/10/00 Re: Carol Professional Center legal description ❑ Urgent ❑ For Review ❑ Please Comment 00 Please Reply ❑ Please Recycle Lawrence and Nancy, The following revisions are required before the applications for the Carol Professional Center can be processed. 1. Bruce Freckleton, Assistant City Engineer, has reviewed the submitted legal description and notes that the description does not include one-half the right- of-way of Eagle Road. Please revise the description accordingly. If you have any questions, please contact Bruce at 887-2211. Please submit the revised description as soon as possible so that we may process your applications. Thanks! J -U-6 ENGINEERS, Inc. rJ • u • B , ENGINEERS *SURVEYORS- PLANNERS 250 S. Beechwood Avenue, Suite 201 Boise, ID 83709-0944 REZONE AND ANNEXATION Carol Professional Center February 28, 2000 1. Name of applicant: Nancy A. Taylor J -U -B ENGINEERS, Inc. 250 S. Beechwood Drive, #250 Boise, ID 83709 2. Owner of property: Jon L. Barnes, Properties West, Inc. 1401 Shoreline Drive, P.O. Box 2797 Boise, ID 83702 Phone No. (208) 345-7523 Warranty deed is attached 3. Notarized consent of property owner is attached. 4. Legal description is attached. 5. Present use of property: Vacant 6. Proposed use of the property: Professional office park. 7. Present Zoning: County (RT) 8. Proposed Zoning: L-0 208/376-7330 FAX: 208/323-9336 9. The professional office building complex of 6.68 acres, with residential type architecture and with extensive landscaping will be very compatible with the adjacent elementary school and residential subdivision. The L-0 will allow the land uses most compatible with the adjacent existing land uses. 10. The owner has worked extensively with the adjacent residential subdivision and school district to provide a quality professional office development. The neighborhood preferred the office park concept. 11. The comprehensive plan was amended to allow a mixed use development. However, the neighborhood preferred the professional office park, allowed in the L-0. 12. Map is attached. .� rJ U -B ,A Engineers Surveyors Planners 13. Thirty (30) copies of a vicinity map, (1 "=300'). Attached 14. A list of the mailing addresses of all property owners within 300 feet has been provided from the Planning Department. 15. Fees are attached. 16. The property will be posted one week before the hearing stating that the property owner has applied for a zoning amendment. 17. A signed affidavit stating the applicant has read the contents thereof and verifies that the information contained therein is true and correct. Signed --A" a - Nancy A. Taylor, Applicant J -U -B ENGINEERS, Inc. 11507\CUP.doc &«* Engineers Surveyors Planners Project: 11507 Date: March 13, 2000 ANNEXATION/REZONE PARCEL DESCRIPTION FOR PROPERTIES WEST A parcel of land being a portion of the Southeast Y4 of the Northeast �/4 of Section 5, T.3N., RAE., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a point marking the Northeast corner of Section 5, T.3N., R.1 E., B.M., Ada County, Idaho; thence South 00°36'05" West along the Easterly boundary of said Section 5, 2,611.52 feet to a point marking the Southeast corner of the NE 1/4 of said Section 5. Said point being the REAL POINT OF BEGINNING; thence leaving said Easterly line North 89040'38" West, along the Southerly boundary line of said NE 1/4, 372.00 feet to a point; thence leaving said Southerly boundary North 00036'05" East, 250.00 feet to a point; thence North 89040'37" West, 443.00 feet to a point; thence North 00036'05" East, 50.00 feet to a point; thence North 89°40'37" West, 105.00 feet to a point; thence North 00136'05" East, 354.16 feet to a point on the Southerly boundary of Carols Subdivision as shown on the Official Plat thereof recorded Book 38 of Plats at page 3164 in the office of the Recorder, Ada County, Idaho; thence South 89010'00" East along said Southerly boundary, 620.00 feet to a point on the Easterly boundary of said Section 5; thence South 00036'05" West along said boundary 648.63 feet to the REAL POINT OF BEGINNING. Said parcel contains 7.73 acres, more or less. END OF DESCRIPTION H, Rig. �,- " -- W" -- e. i - A... ��! III VEMAN PUBLIC WORKS DIM Prepared by: J -U -B LHK:IhcLawreZ f:\projects\i 1507\admin\annexation- rezone description.doc �pIS TER o MCA O 4TF 0 F Idbe , P.L.S. C00/Z00 z 3SIOg 'ONH g -II -P 9CC6 CZC Roza PC: 2T 00/CT/CO proper2ies vvesrj z»c. 1401 Shoreline Dr. • P.O. Box 2797 • Boise, Idaho 83701 • (208)345-7523 February 28, 2000 City of Meridian Planning and Zoning Department 200 E. Carlton, Suite 201 Meridian, ID 83642 To Whom It May Concern: I, Jon L. Barnes, the titled owner of property located at Eagle Road, Ada County, Idaho (see attached legal description) request the annexation, rezone and conditional use permit of the above reference property. Dated this 28' day of February, 2000. Signed by President, Properties West, Inc. State of Idaho ) ) S.S. s��eDooaeeoaa County of Ada) 1114 FALB'0O°°O �. bOr,°°°° On this 28' day of February, 2000, before me �O.r °p H. Ann Faltin, a notary public, personally appeared Jon L. Barnes, personally known to me to be the person o whose name is subscribed to the within instrument, and AU BOC' 8 n acknowledged to me that he executed the same. �8 OPoo's°� Notary Public My Commission Expires on 1 G 0 3 ACTION BY CONSENT OF THE BOARD OF DIRECTORS OF PROPERTIES WEST, INC, AND ACKNOWLEDGMENT AND ACCEPTANCE The undersigned constituting all ofthe members of the Board of Directors of properties West, Inc, hereby unanimously consent to the adoption of the following resolutions effective October 20, 1999 in lieu of a formal annual meeting, with the same effect as if adopted at a meeting of the directors which was duly called, noticed and held at which a quorum was present and acting throughout: NOW, THEREFORE, LET IT BE RESOLVED that the following individuals shall be elected as officers ofProperties West, Inc., effective October 20, 1999 and that said individuals shall serve until the next annual election, their resignation or until their successors are elected: Jon L. Barnes - President Marilyn M. Barnes - Secretary/Treasurer Ann Faltin - Assistant Secretary FURTHF-k IT Bl; RL -SOLVED, that all previous actions taken upon behalf of the corporation by its Officers since the last annual PIPrt;,,,, ed, effective March 21, 1998, are hereby ratified, ACKNOWLEDGMENT AND ACCEPTANCE: The individual representing the holder of the common stock of the corporation hereby concurs with the Board of Directors of Properties West, Inc. -in formally ratifying, confuming and approving all Previous actions taken on behalf of the corporation by its officers since the last annual election occurred effectivy7arch 21, 1998. Jon (ConstitutinS the Sole Shareholder and Directors of Properties West, Inc.) PWI 1999.DOC Fbr value Received WARRANTY DEED Bryan J. Cannell, a married man as his sole and separate property, as to an undivided 1/4 interest hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto Properties west, Inc., an Idaho corporation, hereinafter referred to as Grantee, whose current address is P.O. Box 2797, Boise, ID, 83701 the following described pranises, to -wit: That certain real property more particularly described upon "Exhibit A attached hereto, which said "Exhibit A" is by this refereiyoeinoorporated hereJ.n and nk apart }iereof. 9381794 AQA CO. RECORDER J. DAVID UVARRO BOISE ID FIRST AMERICAN TITLE CO. To HAVE AND TO HOLD the said premises, with9T 1 RM 10 31 said Grantee, his heirs and assigns forever. And thr d� tggi' covenant to and with the said Grantee, that Grantor i 1E 11"Etf�jstifiq�le of said premises; that said premises are free frau all encumt banes except curmit years taxes, levies, and assessments, and except U. S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all clajne�whatsoever . Septenber 22, STATE OFss �� ) OOUMPY OF On This AY day of September, in the year 1993, before me, a Notary Public in and for said State, personally appeared Bryan J. Campbell, known or identified to me to be the person whose name is subscribed to the within Instnnnent, and acknowledged to me that he executed the same. NOTARY PUBLIC l 17 f ,..� sM.Ah(nod - 4 son61btiry Public for- so ,9 NyResiding at: missii I �„r . ,�� ; . Oct. 20, t^' 1 Commission Expires: pq ~ •••' STATE 01: U f.;l I- [T First American Title Company of Idaho CIN OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 Customer's Order No. Date0o Name PYo r�i Address c J Phone: sOLD BY C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT C.u. P- -5 - I I a� h n PX - Zorn i n YYIa1►n S a x.43 I' I I I I I I I I I I I I All claims and returned goods MUST be accompanied by this bill.. 0 009467 Re TAX --_--•— By TOTAL GS -202-2 PRINTED IN U.S.A. 1 ,J PH�NTEO WITH 17 ^ ^ -,�, I SOYINK l--V//Uw/Al/...11il/,V�/'lv-./QITU/ properties 1401 Shoreline Dr. P.O. Box 2797 Boise, Idaho 83701 PAY TO THE ORDER OF City of Meridian One Thousand Two Hundred F GARDEN CITY OFFICE FIRST SECURITY BANK, N.A. BOISE, IDAHO 84730 92-6/1241 007811 3/l/2000 $**1,284.56 -Four and 56/100********************************** DOLLARS 1 City of Meridian P&Z i 200 E. Carlton Suite 201 Meridian, ID 83642 el i Eagle Rd. Project - Carol Professional Center---.-�.- - - - - ----------------- 116000781 LII' 1: 124100064i:003 048 r _,- _ If J -U-131 J•U•B ENGINEERS, INC. 250 SOUTH BEECHWOOD AVENUE, SUITE 201 BOISE, ID 83709-0944 Forty Seven and 28/100 Dollars US BANK COEUR D'ALENE BRANCH COEUR D'ALENE, ID 83816 92.372/1231 PHONE (208) 376-7330 94285 DATE March 2, 2000 AMOUNT CITY OF MERIDIAN $47.28 PLANING & ZONING DEPARTMENT PAY 200 E. CARLTON, #201 J -U- NGIN R NC. TO THE MERIDIAN ID 83642 ORDER OF II509428511■ 1:1231037291:L5330008661511■ -THIS DOCUMENT CONTAINS A COLORED BACKGROUND ON wurrc o - CITY OF MERIDIAN PRELIMINARY SUBDVISION PLAT CHECKLIST INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED APPLICATIONS MUST BE SUBMITTED THIRTY (30) DAYS PRIOR TO NEXT REGULARLY SCHEDULED P&Z MEETING. ITEM DESCRIPTION 1. Pre -application submittal meeting held 2. Thirty (30) copies of the completed and executed written application form 3. Proof of current ownership of the real property included in the preliminary plat and consent of recorded owners 4. Name and address of party to receive billings/correspondence 5. Legal description of subdivision prepared and stamped by Registered Land Surveyor 6. Thirty (30) copies of the preliminary plat with dimensions of not less than 24" x 36", drawn to a scale suitable to insure clarity of all lines, dimensions and other data. Preliminary plats shall include: a. Proposed Subdivision Name b. Drafting date c. Sectional location of plat - County d. North arrow e. Scale of plat (not smaller than 1 100') f. Names, addresses and telephone numbers of owner, subdivider or subdividers and engineer, surveyor or planner who prepared the preliminary plat; g. Statement of intended use of the proposed subdivision (i.e., residential single-family, two-family and multiple housing, commercial, industrial, recreational or agricultural) h. Sites proposed for parks, playgrounds, schools, churches or other public uses i. Streets, street names, rights-of-way and roadway widths, including adjoining streets or roadways; COMMENTS/DATE 100 7 m\0. -0 0 PRELIMINARY PLAT CHECKLIST ITEM DESCRIPTION j. Lot lines and blocks showing scaled dimensions and numbers of each; k. Legend of symbols I. Minimum residential house size m. Contour lines, shown at 5' intervals where land slope is greater than 10% and at 2' intervals where land slope is 10% or less, referenced to an established benchmark, including location and elevation; n. Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainage, bridges, culverts, water mains, fire hydrants, streetlights, pressurized irrigation and their respective profiles o. Any dedications to the public and/or easements together with a statement of location, dimensions and purposes of such p. Master street drainage plan including method of disposal and approval from the affected drainage district q. Floodplain boundary as determined by FEMA or measures to amend this boundary r. Stub streets to provide access to adjacent undeveloped land or existing roadways (block lengths do not exceed 1,000') S. Cul-de-sac lengths not in excess of 450' A statement as to whether or not a variance will be requested with respect to any provision of the Ordinance describing the particular provision, the variance requested, and the reason therefor A statement of development features 9. A map of the entire area scheduled for development if the proposed subdivision is a portion of a larger holding intended for subsequent development Page 2 of 3 COMMENTS/DATE 2 PRELIMINARY PLAT CHECKLIST ITEM DESCRIPTION 10. Thirty (30) copies of a vicinity map showing a minimum 1/2 -mile radius from exterior boundaries of plat, including land use and of proposed subdivision and adjacent land (scale optional) Page 3 of 3 COMMENTS/DATE �� —(-Sow, a) 11. Thirty (30) copies of a 1 "=300' scale map on 8 %Z" x 11 " paper indicating all adjacent development and/or lots of record within 300' of any boundary of the proposed development, with the layout of the proposed development / in bold outline. l/ Request list of property owners within 300' of property seven (7) days prior to submitting application. 12. A statement of traffic impact on existing adjacent roadways and intersections 13. Four (4) sets of conceptual engineering plans, including respective profiles AMk 14. Fee Paid - $300.00 + Lots @ $10.00/Lot --d certified mailings @ $1.73/mailing x 2 15. Proposed restrictive covenants and/or deed restrictions 16. A site report for establishment of the highest seasonal groundwater elevation 17. Other Information as Requested by Administrator, City Engineer, Planning & Zoning Commission, or City Council REVIEW BY: Shari Stiles Planninu & Zoning Administrator GM D. Smith P.E City Engineer APPLICATION ACCEPTANCE DATE: ("Oil MT REICU07i J. ;104RRO 200 JL -6 PN 1:25 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian %✓=.a�2dain.w� Ccnt.�v C0� D. 0-RCE- 3U=ST flF E 0EPUT D AUG 2 9 kou CITY OF bLEit11j1AN PLANNING & ZONING 2. Properties West, Inc., an Idaho corporation, Developer/Owner THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of N:76t,� , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and PROPERTIES WEST, INC., an Idaho corporation, hereinafter called "DEVELOPER"/"OWNER", whose address is 1401 Shoreline Drive, P.O. Box 2797, Boise, Idaho 83702. 1. RECITALS: 1.1 WHEREAS, "Developer"/"Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 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 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Code §§ 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Developer"/"Owner" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Limited Office District (L- 0), Meridian City Code § 11-7-2 G; and 1.5 WHEREAS, "Developer"/"Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed according to the Concept Plan and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ -00-007) - 1 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the day of �.J1A. , 2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer"/"Owner" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER"/"OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer"/"Owner" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance 9629, January 4, 1994, and the Meridian City Code Titles 11 and 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: DEVELOPMENT AGREEMENT (AZ -00-007) - 2 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER"/" OWNER": means and refers to Properties West, Inc., an Idaho corporation, whose address is 1401 Shoreline Drive, PO Box 2797, Boise, Idaho 83702, the party who owns and is developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code § 11-7-2 G which are herein specified as follows: Development of Limited Office. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: DEVELOPMENT AGREEMENT (AZ -00-007) - 3 5.1 "Developer"/"Owner" shall develop the "Property" in accordance with the following special conditions: 5. LA The property should be zoned L -O, Limited Office District, and the Applicant shall use the subject property to develop professional office uses with any other uses permitted in the subject zone only as a conditional use. 5.1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 5.1.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.3 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 5.1.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-13 -4D and 11-13 4E of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5.1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. DEVELOPMENT AGREEMENT (AZ -00-007) - 4 5.1.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C. 5.1.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 5.1.8 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2. 5.1.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 5.1.10 A minimum 35 -foot landscape buffer shall be required along the east property boundary and a minimum 20 -foot landscape buffer shall be required along the north property boundary of site. 5.1.11 Applicant shall be required to dedicate all right-of-way for the future east -west collector street and the north -south cul- de-sac as required by ACHD prior to the issuance of any building permits. 5.1.12 The Applicant shall pay for the opticom traffic signal for the future intersection on Eagle Road/SH 55, and shall be proportionally reimbursed for the total cost once the Kleiner property to the south develops. 5.1.13 That the Meridian School District shall be added to the Plat which proposes to construct a new, public cul-de-sac and which shall connect the office complex to the 66 -foot collector road serving River Valley Elementary School. The first 250 feet of the cul-de-sac is not located within the Applicant's property and that 250 feet lies within the Meridian School District's property boundaries. Therefore, the Meridian School District shall be added to the Preliminary Plat as a signatory on the plat, providing their consent as property owner to this 60 feet of public right-of- way dedication. DEVELOPMENT AGREEMENT (AZ -00-007) - 5 r. 1-11 5.1.14 The total project has 87 more parking stalls than required by ordinance, and therefore the Applicant shall be allowed to eliminate the compact parking spaces. 6. 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" or "Developer "'s/"Owner's" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of subject "Property" of this agreement, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer"/"Owner" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer"/"Owner" and if the "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer"/"Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer"/"Owner", "Developer"'s/"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance, which will include, at a minimum, notice of the DEVELOPMENT AGREEMENT (AZ -00-007) - 6 noncompliance, and an opportunity to be heard by the City Council before modification or termination. 9.2 A waiver by "City" of any default by "Developer"/"Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording to "Developer"/"Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer"/"Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer"/"Owner" 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; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT (AZ -00-007) - 7 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer"/"Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Developer"/"Owner" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all infrastructure and other improvements which are imposed by the terms of this agreement, the annexation ordinance, and the conditional use permit are completed, unless the "City" and "Developer"/"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased development; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. 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: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER/OWNER: Properties West, Inc., an Idaho Corporation 1401 Shoreline Drive PO Box 2797 Boise, ID 83702 with copy to: DEVELOPMENT AGREEMENT (AZ -00-007) - 8 City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. 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 contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer"/"Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer"/"Owner" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. DEVELOPMENT AGREEMENT (AZ -00-007) - 9 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer"/"Owner" 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" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ -00-007) - 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. IM DEVELOPER/OWNER: PROPERTIES WEST, INC., AN IDAHO CORPORATION RESOLUTION NO. CITY OF MERIDIAN MAYOR RMERT D. CORRIE Attest: tl .0S ON CITY CLERK =SEAL _ BY RESOLUTION NO. .2 = 9G Z:\Work\M\Meridian 15360M\Carol Offie� STATE OF IDAHO DEVELOPMENT AGREEMENT (AZ -00-007) - 11 F--1- COUNTY OF ADA On this I d— day of I L, V C– , in the year 2000, before me, r : s ( a Notary Public, personally appeared Jon L. Barnes and Marilyn M. Barnes, 6own or id ntified to me to be the President and Secretary of Properties West, Inc., the persons who executed the instrument on behalf of said corporation, and acknowledged to me having execute_ d the same. 1• �w., a `i Apr �1 o (SEAL �B �.�G N44 Public for Idaho - ®� Commission expires: 'LI)L'/0�/ \,• P 1 )of 0 STATE OF IDAHO ) :ss County of Ada ) On this tp,11- day of , in the year 2000, before me, a Notary Public, personally appeared Ro ert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. .•.��: UGC• �.y�'�o Tom}', � •' (SEAL) 'e n" ;. �p •41eeeeee Notary Pi bli for d Commissfeff expires: i DEVELOPMENT AGREEMENT (AZ -00-007) - 12 EXHIBIT A Legal Description Of Property A parcel of land being a portion of the Southeast 1/4 of the Northeast 1/4 of Section 5, T.3N., R.IE., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a point marking the Northeast corner of Section 5, T.3N., R.IE., B.M., Ada County, Idaho; thence South 00°36'05" West along the Easterly boundary of said Section 5, 2,611.52 feet to a point marking the Southeast corner of the NE 1/4 of said Section 5. Said point being the REAL POINT OF BEGINNING; thence leaving said Easterly line North 89°40'38" West, along the Southerly boundary line of said NE 1/4, 372.00 feet to a point; thence leaving said Southerly boundary North 00°36'05" East, 250.00 feet to a point; thence North 89°40'37" West, 143.00 feet to a point; thence North 00°36'05" East, 50.00 feet to a point; thence North 89°40'37" West, 105.00 feet to a point; thence North 00°36'05" East, 354.16 feet to a point on the Southerly boundary of Carol's Subdivision as shown on the Official Plat thereof recorded Book 38 of Plats at page 3164 in the office of the Recorder, Ada County, Idaho; thence South 89°10'00" East along said Southerly boundary, 620.00 feet to a point on the Easterly boundary of said Section 5; thence South 00°36'05" West along said boundary 648.63 feet to the REAL POINT OF BEGINNING. Said parcel contains 7.73 acres, more or less. EXHIBIT B DEVELOPMENT AGREEMENT (AZ -00-007) - 13 Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ -00-007) - 14 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF J -U -B ENGINEERS, INC., THE APPLICATION FOR ANNEXATION AND ZONING OF 6.68 ACRES LOCATED AT THE WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW AND EAGLE ROAD FOR CAROL OFFICE COMPLEX FROM R -T TO L -O 05-22-00 Case No. AZ -00-007 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 May 16, 2000, at the hour of 7:30 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of J -U -B ENGINEERS, INC. was Nancy Taylor, and no one appeared in opposition, and 'having received the Recommendation to City Council of the Planning and Zoning Commission on this matter, 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 AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW fudicial Notice: The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. Annexation: 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area which is designated in the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994, and as provided in Meridian City Code § 11-16-3. 2. The -City Council exercises its legislative authority in the annexation and zoning of annexed land. Burt v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho 65 (1983). Prior to annexation the City Council shall request and receive a recommendation from the Planning and Zoning Commission of proposed zoning ordinance changes for the area to be annexed in accordance with the notice and hearing procedures provided in Section 67-6509, Idaho Code and concurrently or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 immediatelv following the adoption of an ordinance of annexation, the City Council shall amend the Planning and Zoning Ordinance. [I.C. § 67-6525] [Meridian Citv Code § 11-16-1.] Zoninv: —o- 3. The City of Meridian shall exercise the powers conferred upon it by the Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of Title 67 Idaho Code which provides that the Council shall by ordinance establish within its boundaries one or more zones or zoning districts in accordance with the adopted Comprehensive Plan. [I.C. § 67-6511]. 4. The "Zoning Ordinance" of the City of Meridian applies and regulates all development of land within the City limits and property outside the City limits for which annexation has been requested. [Meridian City Code § 11-1-3.] 5. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act" by the adoption of the "Zoning Ordinance" of the City of Meridian, Idaho, which provides for various zoning districts. [Meridian City Code §§ 11-1 - 11-21.] 5.1 The "Zoning Ordinance" provides a zoning district (L -O) Limited Office District which is defined as: [Meridian City Code § 11-7-2 G.] (L -O) Limited Office District: The purpose of the L -O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L -O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 5.2 The "Zoning Ordinance" provides for a "Zoning Schedule for Use Control" for land uses in various established zoning districts for permitted use, conditional use and permitted accessory use. [Meridian City Code § 11-6-1. ] 5.3 The "Zoning Ordinance" provides for a zoning District Map where the zoning districts established by the ordinance are shown. [Meridian City Code § 11-6-1.] 5.4 The "Zoning Ordinance" provides for general procedures for the initiation and process of zoning amendment applications including notice and hearing procedures before the Planning and Zoning Commission and the City Council. [Meridian City Code § 11-15-1 - 11-15-6.] 5.5 The General Standards Applicable To Zoning Amendments include the following [Meridian City Code § 11-15-11]: 5.5.1 Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 5.5.2 Is the area included in the zoning amendment intended to be rezoned in the future; 5.5.3 Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed tinder the new zoning - for example, a residential area turning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX / BY: J -U -B ENGINEERS, 'INC./ 1 ?-00-007 into commercial area by means of conditional use permits; 5.5.4 Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone areas; 5.5.5 Will the proposed uses 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; 5.5.6 Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 5.5.7 Will the area 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; 5.5.8 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; 5.5.9 Will the proposed uses 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; 5.5. 10 Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE C0:'vtPLEX / BY: J -U -B ENGINEERS, INC. / AZ -00-007 5.5. 11 Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 5.5.12 Is the proposed zoning amendment in the best interest of the City of Meridian. 6. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act", 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. Development Conditions: 7. The City is authorized by I.C. § 67-6511 A by the adoption of an ordinance to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel which the City has enacted as a part of the "Zoning Ordinance" at Meridian City Code § 11-15-12 and if the property is annexed and zoned Meridian City Code § 11- 16-4. 8. 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). 9. 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: Meridian City Code § 11-2-4 which pertains to development time schedules and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX / BY: J -U -B ENGINEERS, INC. / AZ -00-007 requirements; Meridian Cit, Code § 12-=1-13, which pertains to the piping of ditches; and Meridian City Code § 12-5-2 N, which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for May 16, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under 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 May 16, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within theplanning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code H 67-6509 and 67-6511, and Meridian City Code H 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Titles 1 I and 12, 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, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 6.68 acres in size. The property is located at the west side of Eagle Road between Fairview and Ustick Roads. The property is designated as Carol Professional Center, and described as follows: A parcel of land being a portion of the Southeast 1/4 of the Northeast 1/4 of Section 5, T.3N., R.IE., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a point marking the Northeast corner of Section 5, T.3N., R.IE., B. M., Ada County, Idaho; thence South 00°36'05" West along the Easterly boundary of said Section 5, 2,611.52 feet to a point marking the Southeast corner of the NE 1/4 of said Section 5. Said point being the REAL POINT OF BEGINNING; thence leaving said Easterly line North 89°40'38" West, along the Southerly boundary line of said NE 1/4, 372.00 feet to a point; thence leaving said Southerly boundary North 00°36'05" East, 250.00 feet to a point; thence North 89°40'37" West, 143.00 feet to a point; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 thence North 00°36'05" East, 50.00 feet to a point; thence North 89°40'37" West, 105.00 feet to a point; thence North 00°36'05" East, 354.16 feet to a point on the Southerly boundary of Carol's Subdivision as shown on the Official Plat thereof recorded Book 38 of Plats at page 3164 in the office of the Recorder, Ada County, Idaho; thence South 89°10'00" East along said Southerly boundary, 620.00 feet to a point on the Easterly boundary of said Section 5; thence South 00°36'05" West along said boundary 648.63 feet to the REAL POINT OF BEGINNING. Said parcel contains 7.73 acres, more or less. 5. The owner of record of the subject property is Jon L. Barnes, of 1401 Shoreline Drive, PO Box 97, Boise, Meridian, Idaho. 6. Applicant is JUB Engineers, Inc., of Boise, Idaho. 7. The property is presently zoned by Ada County as Rural Transitional (R -T), and consists of vacant land. 8. The Applicant requests the property be zoned as Limited Office (L -O). 9. The subject property is bordered to the east and north by Ada County and the west and south by the city limits of the City of Meridian. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: professional office complex. 13. The Applicant requests zoning of the subject real property as L-0 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. The Applicant request zoning of the subject real property as Limited Office (L -O). The application is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development. Further, this application is consistent with the following provisions of the Meridian Comprehensive Plan: The subject property is located in an area designated as Mixed/Planned Use Development in the Meridian Comprehensive Plan. It is within the Meridian Urban Service Planning Area. COMPREHENSIVE PLAN POLICIES Economic Development Chapter Policies 1.2, 1.3, and 1.9 Land Use Chapter Policies 4AU, 4.8U, 5.8, 5.9, 5.11, 5.14U, 5.15U FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 Community Design Chapter Policies 1.3, 1.4, 2.1U, 2.2U, 2.3U and 2.SU 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed as a condition of Staff review and approval of development permits, and which restrict the use and development of the subject real property under the Limited Office Development procedures and pursuant to the conditional use permit process, to -wit: Adopt the Planning and Zoning and Engineering Recommendations as follows: 16.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigatiorn/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4. Wells may be used for non-domestic purposes such as landscape irrigation. 16.3 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 16.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4D and 11-13-4E of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 16.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the Citv Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 16.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C. 16.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Signage restrictions shall be included in the development agreement. 16.8 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2. 16.9. All construction shall conform to the requirements of the Americans with Disabilities Act. 16.10 A minimum 35 -foot landscape buffer shall be required along the east property boundary and a minimum 20 -foot landscape buffer shall be required along the north property boundary of site and shall be a condition in the Development Agreement. 16.11 Applicant shall be required to dedicate all right-of-way for the future east -west collector street and the north -south cul-de-sac as required by ACHD prior to the issuance of any building permits. 16.12 A Development Agreement shall be required as a condition of annexation. 16.13 The Applicant shall pay for the opticom traffic signal for the future intersection on Eagle Road/SH 55, and shall be proportionally FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 reimbursed for the total cost once the ICeiner property to the south develops. 16.14 That the Meridian School District shall be added to the Plat which proposes to construct a new, public cul-de-sac and which shall connect the office complex to the 66 -Foot collector road serving River Valley Elementary School. The first 250 feet of the cul-de-sac is not located within the Applicant's property and that 250 feet lies within the Meridian School District's property boundaries. Therefore, the Meridian School District shall be added to the Preliminary Plat as a signatory on the plat, providing their consent as property owner to this 60 feet of public right-of-way dedication. 16.15 The total project has 87 more parking stalls than required by ordinance, and therefore the Applicant shall be allowed to eliminate the compact parking spaces. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact, 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. 18. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 uses not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 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 6.68 acres to Limited Office (L -O) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 6.68 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein provided are not met by the Developer that the property shall be subject to re -zone and de -annexation from the City of Meridian, which Agreement shall provide for the following conditions of use and development; to -wit: 3.A The Applicant shall use the subject property to develop, use and maintain professional office with any other uses permitted in the subject zone only as a conditional use. 3.B. The Applicant shall develop the subject property in accordance with the following conditions: 3.B.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX / BY: J -U -B ENGINEERS, INC. / AZ -00-007 association. with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.13.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4. Wells may be used for non-domestic purposes such as landscape irrigation. 3.B.3 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 3.B.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-41) and 11-13-4E of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3.B.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 3.5.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C. 3.B.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Signage restrictions shall be included in the development agreement. iINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX / BY: J -U -B ENGINEERS, INC. / AZ -00-007 3.13.8 Provide five -foot -wide sidewalks in accordance with Citv Ordinance Section 12-5-2. 3.B.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.B.10A minimum 35 -foot landscape buffer shall be required along the east property boundary and a minimum 20 -foot landscape buffer shall be required along the north property boundary of site and shall be a condition in the Development Agreement. 3.B.1 lApplicant shall be required to dedicate all right-of-way for the future east -west collector street and the north -south cul-de-sac as required by ACHD prior to the issuance of any building permits. 3.B. 12A Development Agreement shall be required as a condition of annexation. 3.B.13The Applicant shall pay for the opticom traffic signal for the future intersection on Eagle Road/SH 55, and shall be proportionally reimbursed for the total cost once the Kleiner property to the south develops. 3.B.14That the Meridian School District shall be added to the Plat which proposes to construct a new, public cul-de-sac and which shall connect the office complex to the 66 -foot collector road serving River Valley Elementary School. The first 250 feet of the cul-de-sac is not located within the Applicant's property and that 250 feet lies within the Meridian School District's property boundaries. Therefore, the Meridian School District shall be added to the Preliminary Plat as a signatory on the plat, providing their consent as property owner to this 60 feet of public right-of- way dedication. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 3.B.15The total project has 87 more parking stalls than required by ordinance, and therefore the Applicant shall be allowed to eliminate the compact parking spaces. 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 (L -O) Limited Office District (Meridian City Code § 11-7-2 G). 11 S. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11 -2 1 -1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of cTC� ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILPERSON TAMMY deWEERD , 2000. COUNCILPERSON CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 67- 6 - 0 o F ivDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CA.ROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 VOTED- VOTED* VOTED -*A - VOTED_ g� VOTED RESOLUTION NO -�5 2 BY: eet -lk Xl n� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND PROPERTIES WEST, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with PROPERTIES WEST, INC., AN IDAHO CORPORATION, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with PROPERTIES WEST, INC., AN IDAHO CORPORATION, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and PROPERTIES WEST, INC., AN IDAHO CORPORATION, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. RESOLUTION (AZ -00-007) PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this G�7 day of , 2000. APVROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2� - day of �%r vr•.e, , 2000. ATTEST: CITY CLERK msg/Z:\Work\ 4\Meridian 15360KCarol Office AZ CUP RESOLUTION (AZ -00-007) MAYOR CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 1, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Cleric of this City, I am the custodian of its records and minutes and do hereby certify that on the 20-f�!- day of ,:TLt-k2:�. , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND PROPERTIES WEST, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interest of the City of Meridian to enter into an agreement with PROPERTIES WEST, INC., AN IDAHO CORPORATION, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL,. as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with PROPERTIES WEST, INC., AN CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN (AZ -00-007) - I IDAHO CORPORATION, entitled "DEVELOPMENT AGREEMENT" dated the -) -= day of -,�:T,-r-e-- , 2000, by and between the City of Meridian and PROPERTIES WEST, INC., AN IDAHO CORPORATION, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. 0(tFC'^��T�' SE AL ILLIAM G. BERG, JR. 9G� , CITY CLERK STATE OF IDAH ,CSU. ss: County of Ada, On this Z��" day_of , in the year 2000, before me, a Notary Public, appeared WILLIAM G. BERG, JR., knoi or ide ified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf oE:t * *Meridian. OFT00 errrr••• r Notary Pubis or Iko Commission xpires: Y-01 msg'Z:\Work\M\Meridian 15360M\Carol Office AZ CUP PP\CertifClerkRes CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN (AZ -00-007) -2 ,^ MUNT`! Rr�COR_R 1. AV:j (4AV"RRO 20310 �I 29 PM 1 : 30 CITY OF MERIDIAN ORDINANCE NO. 077 RE-LJRCED-nECHST OF M c i.sub L{ i W tt FEE.—GIEPUTY err 100050770 AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIMITED OFFICE DISTRICT (L -O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A parcel of land being a portion of the Southeast 1/4 of the Northeast 1/4 of Section 5, T.3N., RAE., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a point marking the Northeast corner of Section 5, T.3N., R.IE., B.M., Ada County, Idaho; thence South 00°36'05" West along the Easterly boundary of said Section 5, 2,611.52 feet to a point marling the Southeast corner of the NE 1/4 of said Section 5. Said point being the REAL POINT OF BEGINNING; thence leaving said Easterly line North 89°40'38" West, along the Southerly boundary line of said NE 1/4, 372.00 feet to a point; ANNEXATION AND ZONING ORDINANCE (AZ -00-007)- 1 thence leaving said Southerly boundary North 00036'05" East, 250.00 feet to a point; thence North 89°40'37" West, 143.00 feet to a point; thence North 00°36'05" East, 50.00 feet to a point; thence North 89°40'37" West, 105.00 feet to a point; thence North 00°36'05" East, 354.16 feet to a point on the Southerly boundary of Carol's Subdivision as shown on the Official Plat thereof recorded Book 38 of Plats at page 3164 in the office of the Recorder, Ada County, Idaho; thence South 89°10'00" East along said Southerly boundary, 620.00 feet to a point on the Easterly boundary of said Section 5; thence South 00°36'05" West along said boundary 648.63 feet to the REAL POINT OF BEGINNING. Said parcel contains 7.73 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Limited Office District (L -O). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of ANNEXATION AND ZONING ORDINANCE (AZ -00-007)- 2 Meridian and the owner of the land described in Section 1 dated the ZDf day of IZTPV� .2000. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. ANNEXATION AND ZONING ORDINANCE (AZ -00-007)- 3 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2014 day of 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this Z 4ti day of 2000. II``;tiSyrarriiddilI /!r ATTE VV r CITY CLERK "'>,�9Q� `'�7 15'� • � tib• STATE OF IDAHO,) "„"m; fit 10 ss. County of Ada On this�'1,1',� day of , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. -A 'Unneft- (SEAL) N'-4 i �Yo NOTARY P F DAHO RESIDING AT: VY\0, d t &rj , IQ MY COMMISSION EXPIRES: O-Zb-00 msg\ZAWork\M\Meridian 15360Mrol O Office AZ CUP PPWZ.ORD ANNEXATION AND ZONING ORDINANCE (AZ -00-007)- 4 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 877 passed by the City Council of the City of Meridian, on the 2c� day of, 2000, is a true and correct copy of the original of said document which is in the care, custody and control of the City Cleric of the City of Meridian. `'`,�ii*tiroiii it TFO r 8 STATE OF IBAHO,''+. CY County of Ada, C, On this - day of , in the year 2000, before me, Atti'>n UG4W w' , a Notary Public, appeared WILL G. BEI&,, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. -_G (S) :�;� Notary Publ c or I a o e Commission Expires:OF to scSj+ ,�jBLYC,�p,� o °°.s.•• msg\Z:\Work\M\Meridian 15360M\Carol Office AZ CUP PP\CertificationOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN iz ED H ZQ F..� .W -,Z g N Z m Q � ma H fz LJ m Q �? v� o z° ZN ~ moTL a �d 07 to 3 W J LL- �2 z A U 0 0 U A q z Q H J- WQ' LO uj W zU W UNC ym H Q ~ �O J Z � D Z z4 C-1 w CJ J H Q a- U q a W W 00'2LE 11.8E,Ob.58N w n- 0 0 - o Ln � N z .00'E�li w /�.LE,Oti.68N 3 �o Ip o nm (1) C) �o © o 00'SOI z /1.LE,Oti.68N ;� o �C th , 0 0 +0 C4 ,00 29 o cv 3.00,OT.68S Z na as xoIisn r m h r m t a Please note that these Findings., and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Plannin and Zoning Administrator. Due to the volume of matters Me, and to insure your position is understood and clear, it is which the City Council must deM im ortant to have a consistent format by which matters are presented at the public hearings befPore the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and 2. That you carefully complete (be sure it is legible) the Position Statement if You cusa,&ree with the Findings and -Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you re are a Position Statement and deliver it to the . If that is not possible, please present your Position City Clerk prior to the hearing, if possible Statement to the City Council at the hearing, along with eight (8) copies. The copies will be resented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the 'City Attorney. If you are a part of a g�rrou , it is stronglyrecommended that one Position Statement be filled out for the group, which pcan be signed by the representative for the group. Very truly yours, City Attorney's Offic Iyi cErVIED l4`` ' �"�� APR 2 6 20M WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. LAW CITY 0r XBRI UN pLANNNG & L(ONNG ATTORNEYS AT NAMPA OFFICE JULIEKLEIN FISCHER 200 EAST CARLTON AVENUE Wm. F. GIGRAY, III POST OFFICE Box 1150 104NINTH AVENUE SOUTH POST OFFICE BOY 247 BRENT J. JOHNSON MERIDIAN, IDAHO 83680-1150 D. SAMUEL JOHNSON NANIPA, IDAHO 83653-0247 TEL, (208)466-9272 WILLIAM A. MORROW WILLIAM F. NICHOLS TEL (208) 288-2499 FAX (208) 466-W5 CHRISTOPHER S. NYE FAx (208) 288-2501 PHILIP A PETERSON PLEASE REPLY TO MERIDIAN OFFICE STEPHEN L. PRUss ERIC S. ROSSMAN TODD A ROSSMAN DAVID M. SWARTLEY TERRENCER WHITE April 25, 2000 To: Staff Applicant Owner(s) Affected Property Re: Application Case No. AZ -00-007°x' P^°� MayN, 2000 Hearing Date: S OF PLANNING AND ZONING FINDINGS AND RECOMMENDATI8 COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings., and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Plannin and Zoning Administrator. Due to the volume of matters Me, and to insure your position is understood and clear, it is which the City Council must deM im ortant to have a consistent format by which matters are presented at the public hearings befPore the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and 2. That you carefully complete (be sure it is legible) the Position Statement if You cusa,&ree with the Findings and -Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you re are a Position Statement and deliver it to the . If that is not possible, please present your Position City Clerk prior to the hearing, if possible Statement to the City Council at the hearing, along with eight (8) copies. The copies will be resented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the 'City Attorney. If you are a part of a g�rrou , it is stronglyrecommended that one Position Statement be filled out for the group, which pcan be signed by the representative for the group. Very truly yours, City Attorney's Offic Iyi BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 6.68 ACRES FOR CAROL OFFICE COMPLEX FROM R -T TO L -O BY J -U -B ENGINEERS, INC. Case No. AZ -00-007 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 6.68 acres in size and is located at the west side of Eagle Road between Fairview and Eagle Road. The property is designated as Carol Professional Center. 2. The owner of record of the subject property is Jon L. Barnes, of 1401 Shoreline Drive, PO Box 97, Boise, Meridian, Idaho. 3. Applicant is JUB Engineers, Inc., of Boise, Idaho. 4. The property is presently zoned by Ada County as Rural Transitional (R -T), and consists of vacant land. 5. The Applicant requests the property be zoned as Limited Office (L -O). 6. The subject property is bordered to the east and north by Ada County and the west and south by the city limits of the City of Meridian. 7. The property which is the subject of this application is within the Area RECOMMENDATION TO CITY COUNCIL - I ANNEXATION AND ZONING - R -T TO L -O FOR CAROL OFFICE COMPLEX BY PROPERTIES WEST, INC. of Impact of the City of Meridian. 8. 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. 9. The Applicant proposes to develop the subject property in the following manner: professional office complex. 10. The Applicant requests zoning of the subject real property as L -O which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use. 12. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning and Engineering Recommendations as follows: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - R -T TO L -O FOR CAROL OFFICE COMPLEX BY PROPERTIES WEST, INC. confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4. Wells may be used for non-domestic purposes such as landscape irrigation. Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site- specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4D and 11-13-4E of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. Signage restrictions need to be included in the development agreement. 8. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. 10. A minimum 35 -foot landscape buffer is required along the east property boundary and a minimum 20 -foot landscape buffer is required along the north RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - R -T TO L -O FOR CAROL OFFICE COMPLEX BY PROPERTIES WEST, INC. property boundary of site and shall be a condition in the Development Agreement. 11. Applicant shall be required to dedicate all right-of-way for the future east -west collector street and the north -south cul-de-sac as required by ACHD prior to the issuance of any building permits. 12. A Development Agreement shall be required as a condition of annexation. Z:\Work\M\Meridian 15360M\Carol Office AZ CUP PP\CarolOfficeAZRec.wpd RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING - R -T TO L -O FOR CAROL OFFICE COMPLEX BY PROPERTIES WEST, INC. HP LaserJet 3100 SEND CONFIRMATION REPORT for Printer/Fax/Copier/Scanner City of Meridian 2088886854 Mar -10-00 4:03PM Job Start Time Usage Phone Number or ID Type Pages Mode Status 453 3/10 4:02PM 0'24" 208 323 9336 Send .............. 1/ 1 EC 96 Completed........................................ Total 0'24" Pages Sent: 1 rages rrinLeu: u 200 E. Carlton Suite 201 Meridian, ID 83642 Phone (208)8845533 Fax: (208) 888-6854 Fcwm 70: Lawrence Koerner, Nancy Taylor From: Christy Richardson Faa= 323-8338 Payear 1 Phone: 376-7330 Dat.. 03/10/00 R. Carol Pmfasbnal Center legal description ❑ Uryent O Fpr R-1— ❑ Plaese C—aat Old Please Reply O Phase Recycle Lawrence and Nancy, The following revisions are required before the applications for the Carol Professional Center can be processed. 1. Bruce Freddeton, Assistant City Engineer, has reviewed the submitted legal description and notes that the description does not include one-half the right- of-way of Eagle Road. Please revise the description accordingly. If you have any questions, please contact Bruce at BB7-2211. Please submit the revised description as soon as possible so that we may process your applications. Thanks! 200 E. Carlton Suite 201 Meridian, ID 83642 Phone: (208)884-5533 Fax: (208) 888-6854 Fac To: Lawrence Koerner, Nancy Taylor From: Christy Richardson Fax: 323-9336 Pages: 1 Phone: 376-7330 Date: 03/10/00 Re: Carol Professional Center legal description ❑ Urgent ❑ For Review ❑ Please Comment ❑0 Please Reply ❑ Please Recycle Lawrence and Nancy, The following revisions are required before the applications for the Carol Professional Center can be processed. 1. Bruce Freckleton, Assistant City Engineer, has reviewed the submitted legal description and notes that the description does not include one-half the right- of-way of Eagle Road. Please revise the description accordingly. If you have any questions, please contact Bruce at 887-2211. Please submit the revised description as soon as possible so that we may process your applications. Thanks! 200 E. Carlton Suite 201 Meridian, ID 83642 Phone: (208)884-5533 Fax: (208) 888-6854 To: Nancy Taylor, JUB Engineers From: Christy Richardson Fax: 323-9336 Pages: 1 Phone: 376-7330 Date: 03/09/00 Re: Carol Professional Center Subdivision Applications (3) ❑ Urgent 0 For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Nancy, I have reviewed the subject applications, and have found that the three (3) applications associated with this site, Annexation, Conditional Use, and Prelminary Plat, are complete and will be processed as submitted. We have tentatively scheduled these applications for the P&Z meeting on April 11th Please call if you have any questions. Thanks! City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. 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 contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer"/''Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer"/"Owner" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. DEVELOPMENT AGREEMENT (AZ -00-007) - 9 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer"/"Owner" 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" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ -00-007) - 10 ri ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BY I RESOLUTION NO. DEVELOPER/OWNER: PROPERTIES WEST, INC., AN IDAHO CORPORATION CITY OF MERIDIAN MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. Z:\Work\M\Meridian 15360M\Carol Office AZ CUP PP\DevelopAgr STATE OF IDAHO ) :ss DEVELOPMENT AGREEMENT (AZ -00-007) - 11 COUNTY OF ADA On this_a day of j ; , , in the year 2000, before me, r ;- z ( a Notary Public, personally appeared Jon L. Barnes and Marilyn M. Barnes, crown or id ntified to me to be the President and Secretary of Properties West, Inc., the persons who executed the instrument on behalf of said corporation, and acknowledged to me having executed the same. '�eeea ee® e " 0 -91 ) EA6 m 0 co N4pub is for Idaho e Commission expires: Zl eld0l dd VIE p� ass %D % �i°'0ee�eeiiF "9 00 STATE OF IDAHO ) ss County of Ada On this day of , in the year 2000, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Notary Public for Idaho Commission expires: DEVELOPMENT AGREEMENT (AZ -00-007) - 12 EXHIBIT A Legal Description Of Property A parcel of land being a portion of the Southeast 1/4 of the Northeast 1/4 of Section 5, T.3N., RAE., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a point marking the Northeast corner of Section 5, T.3N., RJE., B.M., Ada County, Idaho; thence South 00°36'05" West along the Easterly boundary of said Section 5, 2,611.52 feet to a point marking the Southeast corner of the NE 1/4 of said Section 5. Said point being the REAL POINT OF BEGINNING; thence leaving said Easterly line North 89°40'38" West, along the Southerly boundary line of said NE 1/4, 372.00 feet to a point; thence leaving said Southerly boundary North 00°36'05" East, 250.00 feet to a point; thence North 89°40'37" West, 143.00 feet to a point; thence North 00°36'05" East, 50.00 feet to a point; thence North 89°40'37" West, 105.00 feet to a point; thence North 00°36'05" East, 354.16 feet to a point on the Southerly boundary of Carol's Subdivision as shown on the Official Plat thereof recorded Book 38 of Plats at page 3164 in the office of the Recorder, Ada County, Idaho; thence South 89°10'00" East along said Southerly boundary, 620.00 feet to a point on the Easterly boundary of said Section 5; thence South 00°36'05" West along said boundary 648.63 feet to the REAL POINT OF BEGINNING. Said parcel contains 7.73 acres, more or less. EXHIBIT B DEVELOPMENT AGREEMENT (AZ -00-007) - 13 Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ -00-007) - 14 .,$ f f� . CHD UdviU C. ent Ada County Highway District 318 East 1JQVC DIVC11s 15L vice rresiaent Garden City ID 83714-6499 Judy Peavey -Derr, 2nd Vice President Phone (208) 387-6100 Susan S. Eastlake, Commissioner FAX (208) 387-6391 Sherry R. Huber, Commissioner E-mail: tellus@ACHD.ada.id.us June 17, 2002 TO: Larry Knopp RECEIVED 355 S. 3rd Street Boise, Idaho 83702 J U N 19 2002 City of Meridian SUBJECT: MCZC-02-022 City Clerk Office Daycare Lot 8, Block 1 Stokesberry Subdivision (Carol Professional Center) On April 12, 2000, the Ada County Highway District Commissioners acted on MCUP01-042/Carol Professional Center. The conditions and requirements also apply to MCZC-02-022. If you have any questions, please feel free to contact this office at (208) 387-6170. Sincerely, De elopment Analyst Planning & Development Cc: Planning & Development/Chron/Project File Planning & Development Services City of Meridian Construction Services Drainage/Utilities ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat — Carol Professional Center/ Eagle Rd./ Fairview 8 Commercial/Office Lots MPP-00-007/MCUP-00-020/MAZ-00-007 An application for a preliminary plat has been submitted to the City of Meridian for eight commercial and office lots, The application has been referred to ACHD by the City of Meridian for review and comment. Carol Subdivision is an 8 -lot commercial subdivision on 6.68 -acres. The applicant is also requesting a rezone from RT to LO. This development is estimated to generate 630 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. The Commission previously reviewed and approved the adjacent public school site MA -08-98. Together with the school site, the current application will be constructing a new east -west street on the south property line. Roads impacted by this development: Eagle Road New East-West Street ACHD Commission Date — April 12, 2000 - 7:00 p.m. CAROL.CMM Page I I�af«••w f � oNro •Aimnoo vo 'u�v la L.r - a.a���.uA+�++ !l31N33 IVNOISS3j0!!d IOtlVo 'w+ 'Sl133N1'JN3 Pn-r 1Vld AHVNIWll3ad "'' ,,, a= •�, "' ..N F '" rasax faw �!7 1 Cr41[ ■ I N .r•' , �� �• �� IV W -'Iou STS E cT N s1 I I I- iy 1 i Ig i 1 :y ,x; I, 1 .r•' , �� �• �� IV W -'Iou STS E cT N 1s1J 1:C Luij. Facts and Findings: A. -.General Information Owner - John L. Barnes, Properties West Inc. Applicant - JUB Engineers Inc, Gary Lee RT - Existing zoning LO - Requested zoning 6.68 - Acres 8 Proposed building lots 900 - Total lineal feet of proposed public streets 265 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Eagle Road Principal arterial Traffic count of 28,268 on 10/27/98 C -Existing Level of Service C -Existing plus project build -out Level of Service 650 -feet of frontage 200 -feet existing right-of-way (100 -feet from centerline) Comply with ITD's right-of-way requirements Eagle Road is under the jurisdiction of the Idaho Transportation Department (ITD). Eagle Road is improved with an 84 -foot street section no curb, gutter or sidewalk. New East-West Street Collector street with bike lane designation No traffic count available 360 - feet of frontage 0 - feet existing right-of-way (0 -feet north from centerline) 66 - feet required right-of-way (33 -feet north from centerline) The new east -west street is currently being constructed as a 28 -foot wide roadway tapering to 40 -feet at the intersection with Eagle Road with no curbs, gutters or sidewalks. The new street will be a future collector street to service the large area of undeveloped land to the south and west of the subject property. The new road will be located on the mid-section line. B. On March 27, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On March 31, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. CAROL.CMM Page 2 C. ' In 1997, the District conducted an access control study for the Eagle Road corridor (Eagle Road Access Control Study, MK Centennial Engineering, September 25, 1997). The access control area covered in this plan included the segment of Eagle Road adjacent to this project site and recommended that driveway access to Eagle Road be eliminated and that public street intersections be located at the quarter and half mile point. The applicant is constructing an east/west collector road at the quarter mile location. Based on the findings of the Eagle Road Access Control Study, this site should not have a driveway on Eagle Road and the primary access to the arterial street system should be provided from the new east/west collector roadway. This location of new collector roadway was also identified in the Eagle Road Access Control Study a8 a temporary frill -access intersection. The intersections will be restricted to right- in/right-out operation as traffic volumes on Eagle Road increased. The District previously acted on MA -08-99, an elementary school site located immediately west of the current application. The school site constructed a public street connection to Eagle Road along this site's south property line. The new street was constructed along this site's south property as a 28 -foot wide roadway tapering to 40 -feet at the intersection of Eagle Road. D. The applicant is not proposing any driveways on the new east/west collector road and none should be approved. The site has insufficient frontage to offset a driveway on the new collector road from both Eagle Road and the new commercial street. E. District policy requires the applicant to construct a 5 -foot wide concrete sidewalk on the new east/west street that abutting the parcel prior to District approval of a final plat. The sidewalk should be located two feet within the new right-of-way of the collector road. Coordinate the location and elevation of the sidewalk with District staff. F. The applicant is proposing to construct a commercial street off the new east/west collector roadway located approximately 320 -feet west of Eagle Road. The location of the roadway meets District policy. The applicant should be required to construct the roadway as a 40 -foot street section with curbs, gutters, and 5 -foot wide sidewalks within 58 -feet of right-of-way. G. The applicant should be required to locate driveways on the commercial street a minimum of 50 - feet north of the new east/west collector road. The driveways should be constructed as 24 to 30 - foot wide curb cuts and paved their entire width to a point 30 -feet beyond the edge of pavement of the commercial street. H. The applicant is proposing to construct a circular turnaround at the north end of the new north - south commercial street. The turnaround should be constructed to provide a minimum turning radius of 45 -feet. Submit a design of the turnaround for review and approval by District staff. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. J. State Highway 55 (Eagle Road) is under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other CAROL.CMM Page 3 required permits), whichever occurs first. The applicant may contact District III Traffic Engineer Michael Garz at 334-8340. K. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of all public streets. ,L. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. M. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Dedicate 33 -feet of right-of-way for the new collector road along the south property line of the site abutting the parcel by means of recordation of a final subdivision. plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer at 334-8340. 3. The Eagle Road Access Study identified that the new east -west collector street located 2640 - feet north of Fairview Avenue will be restricted to right-in/right-out operation as traffic volumes on Eagle Road increased. 4. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. CAROL.CMM Paue 4 On 0 6. Construct a 5 -foot wide concrete sidewalk on new the east/west collector street abutting the parcel prior to District approval of a final plat. The sidewalk shall be located two feet within the new right-of-way of the collector road. Coordinate the location and elevation of the sidewalk with District staff. 7. Construct the new commercial street as a 40 -foot street sections with curb gutter, and 5 -foot wide concrete sidewalks within 58 -feet of right-of-way, located as proposed 320 -feet. 8. Locate driveways off the new commercial street a minimum of 50 -feet north of the collector roadway. Construct the driveways as 24 to 30 -foot wide curb cuts and paved their full width to a point 30 -feet beyond the edge of pavement of the commercial street. 9. Construct an ACHD approved turnaround with a 45 -foot radius at the north end of the new north -south street. Submit a design of the turnaround for review and approval by District staff. 10. No access points to Eagle Road have been proposed and none are approved with this application. 11. No access points to the new east -west street have been proposed and none are approved with this application. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its orilzinal decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. CAROL.CMM Page 5 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by - Planning and Development Staff Commission Action: April 12, 2000 CAROL.CMM Page 6 June 15, 2000 AZ 00-007 MERIDIAN CITY COUNCIL MEETING June 20, 2000 APPLICANT J -U -B Engineers ITEM NO. P REQUEST Development Agreement - AZ of 6.68 acres from RT to L -O for proposed Carol Professional Center - west side of Eagle Road between Fairview Avenue and Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS Signed D/A is forthcoming Q�s Materials presented at public meetings shall become property of the City of Meridian. kw� Tail or June 19, 2000 1RECEIVE D JUN 19 2000 Wilt Berg CITY OF MERIDIAN City Clerk CITY CLERK OFFICE City of Meridian 33 East Idaho Street Meridian, ID 83642 RE: CAROL PROFESSIONAL CENTER DEVELOPMENT AGREEMENT Properties West, Inc. - Jon Barnes, Owner Dear Mr. Berg: Please find attached a signed and notarized copy of the Development Agreement for the Carol Professional Center. Although I will not be in attendance at the City Council meeting of June 20, 2000 1 agree to the terms of the Development Agreement. Sincerely, 4rODp L. Barnes, President erties West 11507devagreelet.doc 20001- 6 Q l 1: 2-5 DEVELOPMENT AGREEMENT `L DEP IT` el00527 PARTIES: 1. City of Meridian 2. Properties West, Inc., an Idaho corporation, Developer/Owner THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of �6-t,-� , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and PROPERTIES WEST, INC., an Idaho corporation, hereinafter called "DEVELOPER"/"OWNER", whose address is 1401 Shoreline Drive, P.O. Box 2797, Boise, Idaho 83702. 1. RECITALS: 1.1 WHEREAS, "Developer"/"Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, 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 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Code § § 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Developer"/"Owner" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Limited Office District (L- O), Meridian City Code § 11-7-2 G; and 1.5 WHEREAS, "Developer"/"Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed according to the Concept Plan and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ -00-007) - 1 APPLICATION COMMENT SHEET Reviewed by: � W - ]pate: 3 /3-_/oo Applicant: - 1):J Project: C � Igno _ Comments: `-V- 2. Sa�� 3. 4. 5. ,:, MAYOR HUB OF TREASURE VALLEY Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY CITY OF MERIDIAN ('08) 288-2499 * Fax 2 01 COUNCIL MEMBERS PUBLIC WORKS288-2501 Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2311 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208)884-5533 • Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March_ 24, 2000 TRANSMITTAL DATE: March 15, 2000 HEARING DATE: April 11, 2000 FILE NUMBER: AZ -00-007 REQUEST: ANNEXATION AND ZONING OF 6.68 ACRES FOR PROPOSED CAROL .PROFESSIONAL CENTER BY: J -U -B ENGINEERS, INC. LOCATION OF PROPERTY OR PROJECT: WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW AND USTICK ROAD SALLY NORTON, P/Z MERIDIAN SCHOOL DISTRICT KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C _TAMMY de WEERD, C/C _WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY ITY ENGINEER _CITY PLANNER MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) YOUR CONCISE REMARKS: CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 ;F I L LE z-oo -ooh APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION:Carol Professional C n er GENERAL LOCATION:__ West Side of Eagle Road, Between Fairview and Us ti ck Road. TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Professional Office ACRES OF LAND IN PROPOSED ANNEXATION: � - C B PRESENT LAND USE: Vacant PROPOSED LAND USE: Professional Office PRESENT ZONING DISTRICT: RT PROPOSED ZONING DISTRICT: APPLICANT: J -U -B ENGINEERS, Inc. PHONE: 376-7330 ADDRESS: 250 S. Beechwood Ave., #201, Boise, ID 83709 ENGINEER, SURVEYOR, OR PLANNER: Nancy A. Taylor PHONE: 376-7330 ADDRESS:. j_u_B ENGINEERS, Inc., 2-90 S_ Bppchwond Ave-, g2ol. Boise, ID 83709 OWNER(S) OF RECORD: Jon L. Barnes PHONE: 345-7523 ADDRESS: 1401 Shoreline Dr., P.O. Box -2797, Bim, ID 83 of Applicant 200 E. Carlton Suite 201 Meridian, ID 83642 Phone: (208)884-5533 Fax: (208) 888-6854 Fac To: Lawrence Koerner, Nancy Taylor Fax: 323-9336 Phone: 376-7330 Re: Carol Professional Center legal description City of Meridian Planning & Zoning From: Christy Richardson Pages: 1 Date: 03/10/00 ❑ Urgent ❑ For Review ❑ Please Comment 110 Please Reply ❑ Please Recycle Lawrence and Nancy, The following revisions are required before the applications for the Carol Professional Center can be processed. 1. Bruce Freckleton, Assistant City Engineer, has reviewed the submitted legal description and notes that the description does not include one-half the right- of-way of Eagle Road. Please revise the description accordingly. If you have any questions, please contact Bruce at 887-2211. Please submit the revised description as soon as possible so that we may process your applications. Thanks! f'J-U-B,A REZONE AND ANNEXATION Carol Professional Center February 28, 2000 1. Name of applicant: Nancy A. Taylor J -U -B ENGINEERS, Inc. 250 S. Beechwood Drive, #250 Boise, ID 83709 2. Owner of property: Jon L. Barnes, Properties West, Inc. 1401 Shoreline Drive, P.O. Box 2797 Boise, ID 83702 Phone No. (208) 345-7523 Warranty deed is attached 3. Notarized consent of property owner is attached. 4. Legal description is attached. 5. Present use of property: Vacant 6. Proposed use of the property: Professional office park. 7. Present Zoning: County (RT) 8. Proposed Zoning: L-0 J -U -B ENGINEERS, Inc. ENGINEERS - SURVEYORS• PLANNERS 250 S. Beechwood Avenue, Suite 201 Boise, ID 83709-0944 208/376-7330 FAX: 208/323-9336 9. The professional office building complex of 6.68 acres, with residential type architecture and with extensive landscaping will be very compatible with the adjacent elementary school and residential subdivision. The L-0 will allow the Land uses most compatible with the adjacent existing land uses. 10. The owner has worked extensively with the adjacent residential subdivision and school district to provide a quality professional office development. The neighborhood preferred the office park concept. 11. The comprehensive plan was amended to allow a mixed use development. However, the neighborhood preferred the professional office park, allowed in the L-0. 12. Map is attached. W "-«* rJ-U-B ,1 Engineers Surveyors Planners 13. Thirty (30) copies of a vicinity map, (1 "=300'). Attached 14. A list of the mailing addresses of all property owners within 300 feet has been provided from the Planning Department. 15. Fees are attached. 16. The property will be posted one week before the hearing stating that the property owner has applied for a zoning amendment. 17. A signed affidavit stating the applicant has read the contents thereof and verifies that the information contained therein is true and correct. Signed Nancy A. Taylor, Applicant J -U -B ENGINEERS, Inc. 11507\CUP.doc K�•�01$1 Engineers Surveyors Planners Project: 11507 Date: Marchi 13, .2000 ANNEXATION/REZONE PARCEL DESCRIPTION FOR PROPERTIES WEST A parcel of land being a portion of the Southeast 1/4 of the Northeast 1/4 of Section 5, T.3N., R.1 E., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a point marking the Northeast corner of Section 5, T.3N., R.1 E., B.M., Ada County, Idaho; thence South 00°36'05" West along the Easterly boundary of said Section 5, 2,611.52 feet to a point marking the Southeast comer of the NE'/, of said Section 5. Said point being the REAL POINT OF BEGINNING; thence leaving said Easterly line North 89°40'38" West, along the Southerly boundary line of said NE'/,, 372.00 feet to a point; thence leaving said Southerly boundary North 00036'05" East, 250.00 feet to a point; thence North 89040'37" West, 443.00 feet to a point; / thence North 00136'05" East, 50.00 feet to a point; thence North 89040137" West, 105.00 feet to a point; thence North. 001,36'05" East, 354.16 feet to a point on the Southerly boundary of Carols Subdivision as shown on the Official Plat thereof recorded Book 38 of Plats at page 3164 in the office of the Recorder, Ada County, Idaho; thence South 89°10'00" East along said Southerly boundary, 620.00 feet to a point on the Easterly boundary of said Section 5; j thence South 0096'05" West along said boundary 648.63 feet to the REAL POINT OF BEGINNING. Said parcel contains 7.73 acres, more or less. END OF DESCRIPTION ►,�..� V • a.TRVAN PUBLIC WORKS CEFI, Prepared by: J -U -B EN LHK:Ihc Lawre-nni f:\projects\1I507\admin\ annexation -rezone description.doc �qIS TeA �G $� o rCR x O 9TF OF l>fbe ,.P.L.S. C00/Z002 3SIOff 'Ma 5-11-t 9M CZC 9OZZI pe:ST 00/CI/CO proper�ies tivesz, ir�c. 1401 Shoreline Dr. • P.O. Box 2797 • Boise, Idaho 83701 • (208)345-7523 February 28, 2000 City of Meridian Planning and Zoning Department 200 E. Carlton, Suite 201 Meridian, ID 83642 To Whom It May Concern: I, Jon L. Barnes, the titled owner of property located at Eagle Road, Ada County, Idaho (see attached legal description) request the annexation, rezone and conditional use permit of the above reference property. Dated this 28' day of February, 2000. Signed by President, Properties West, Inc. e�saoenaceooa -i�P�� PAL�°f�ovQo a 00 ® u Z �' piJBLIG 8 8 oogaa3�'°�� State of Idaho ) ) S.S. County of Ada) On this 28`' day of February, 2000, before me H. Ann Faltin, a notary public, personally appeared Jon L. Barnes, personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. Notary Public My Commission Expires on 1 a G b ACTION BY CONSENT OF THE BOARD OF DIRECTORS OF PROPERTIES WEST, INC. AND ACKNOWLEDGMENT AND ACCEPTANCE The undersigned constituting all of the members of the Board of Directors of Properties West, Inc., hereby unanimously consent to the adoption of the following resolutions effective October 20, 1999, in lieu of a formal annual meeting, with the same effect as if adopted at a meeting of the directors which was duly called, noticed and held at which a quorum was present and acting throughout: NOW, TEM-REFORE, LET IT BE RESOLVED that the following individuals shall be elected as officers ofProperties West, Inc., effective October 20, 1999 and that said individuals shall serve until the next annual election, their resignation or until their successors are elected: Jon L. Barnes - President Marilyn M. Barnes - Secretary/Treasurer Ann Faltin - Assistant Secretary FURTHER, LET IT BE RESOLVED, that all previous actions taken upon behalf of the corporation by its Officers since the last annual election occurred, effective March 21, 1998, are hereby ratified, rmed and a Prov n Barnes M. Barnes ACKNOWLEDGMENT AND ACCEPTANCE: The individual representing the holder of the common stock of the corporation hereby concurs with the Board of Directors of Properties West, Inc. -in formally ratifying, confirming and approving all previous actions taken on behalf of the corporation by its officers since the last annual election occurred effectivpj?arch 21, 1998. Jon (Constitatin the Sole Shareholder and Directors of Properties West, Inc.) PWI 1999.DOC WARRA,�-LW Y DEED Fbr value Fdeoeived Bryan J. Campbell, a married man as his sole and separate property, as to an undivided 1/4 interest hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto Properties West, Inc., an Idaho corporation, bexeir-after referred to as Grantee, whose current address is P.O. Box 2797, Boise, ID, 83701 the following described premises, to -wit:. That certain real property more particularly described upon "Exhibit A" attached hereto, which said "Exhibit A" is by this reference incorporated herein and made a part hereof. 9381744 ADA CO. RECORDER J. DAVID NAVARRO BOISE ID FIRST AMERICAN TITLE CO. TO HAVE Atm TO HOLD the said premises, with9 �'T 1 AIX 10 31 D �d Grantee, his heirs and assigns forever. And tt�aidbrarit dop��mvenant to and with the said Grantee, that Grantor- iE �119-rtE�Tsihtple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U. S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all cl whatsoever. Dated: September 22, 1993. 1 STATE OF // 4ss ) COUNTY OF U/_Q,�j.W ) On This Ag day of September-, in the year 1993, before me, a Notary Public in and for said State, personally appeared Bryan J. Campbell, !room or identified to we to be the person whose name is subscribed to the within Instrument, and adrrowledged to me that he executed the same. (� MOTAR'(PV aLIC �„ n J/ �mSs M. APDnlhmad A= pn 't5 Public for, `,��i IAy�pnmtsai.H r r..•: t, Pesiding at: C Oct. 20. t^^, 1 Commission Expires: SCHEDULE A PARCEL A Part of the Southeast quarter of the Northeast quarter of Section 5, Township 3 North, Range 1 East, of the Boise Meridian, Ada County Idaho, described as follows: Commencing at the Northeast corner of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, thence South on the East line of said Section 5 (which is the middle of State Highway No. 69) for a distance of 2,283.0 feet to a spike in the center of State Iiighway No. 69, the REAL PLACE OF BEGINNING; thence North 89048' West for a distance of 1,317.33 feet to a point in the Westerly fence line; thence North o.0co8' West for a distance of 320.0 feet to a point; thence South 89048' East for a distance of 1,318.08 feet to a spike in the East line of said Section 5; thence South along the East line of said Section 5 for a distance of 320.0 feet to a spike in the middle of said State Highway No. 69, the REAL POINT OF BEGINNING. EXCEPT ditch and road rights of way. EXCEPT right of way for EAGLE ROAD. PARCEL B Part of the Southeast quarter of the Northeast quarter of Section 5, Township 3 North, Range 1 Eastj of the Boise Meridian, Ada County Idaho, described as follows: Commencing at the Northeast corner of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, thence South on the East line of said Section 5 (which is the middle of State Highway No. 69) for a distance of 2,610.96 feet to a spike in the center of State Highway No. 69, at the EAst quarter corner of said Section 5, the REAL PLACE OF BEGINNING; thence South 89045' West for a distance of 1,316.54 feet to the 1/16th corner of said Section 5, a 3/4" steel pin; thence North 0. o°o8' West for a distance of 339.07 feet to a point; thence South 89048' East for a distance of 1,317.33 feet to a spike in the East line of said Section 5; thence South 327.86 feet along the East line of said Section 5 to a spike in the middle of State Highway No. 69, REAL POINT OF BEGINNING. EXCEPT ditch and road rights of way. EXCEPT right of ways for EAGLE ROAD and STOKESBERRY LATERAL. ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat — Carol Professional Center/ Eagle Rd./ Fairview 8 Commercial/Office Lots M PP-00-007/MCUP-00-020/1VIAZ-00-007 An application for a preliminary plat has been submitted to the City of Meridian for eight commercial and office lots. The application has been referred to ACHD by the City of Meridian for review and comment. Carol Subdivision is an 8 -lot commercial subdivision on 6.68 -acres. The applicant is also requesting a rezone from RT to LO. This development is estimated to generate 630 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. a ,+ The Commission previously reviewed and approved the adjacent public school site NIA -08-98. Together with the school site, the current application will be constnicting a new east -west street on the south property line. Roads impacted by this development: Eagle Road New East-West Street ACHD Commission Date — April 12, 2000 - 7:00 p.m. CA ROL.0\-I NI Paue I ONr03 'ALMA07 YOr 'NVW"43" r� H33 IVNOISS3dOki Y 1Vld AHVNIWI13oa ata-eu-wr[ �s o•w 't.w � wr-..an >rA,w ea•��s +u+ai[ ett '� 'SM33N70M� Q•fk-f ONr03 'ALMA07 YOr 'NVW"43" r� H33 IVNOISS3dOki Y 1Vld AHVNIWI13oa I e II sa —• -ilk =�V e---f�v• .%.�—y./.- •i.--./.�--• '�—�-_.. —_ ..•LLQ' _1 i �_��-�'r=.— •`�=_' w�---'+--�-'-�_ ��. � y ,00'LOC ,aC,}Ie 1 I� • I s a� ai { ,Ij Icy lad I I ;I I � IM1R ,4 I I e II sa —• -ilk =�V e---f�v• .%.�—y./.- •i.--./.�--• '�—�-_.. —_ ..•LLQ' _1 i �_��-�'r=.— •`�=_' w�---'+--�-'-�_ ��. � y ,00'LOC ,aC,}Ie cuj: - Facts and Findings: r� A. General Information Owner - John L. Barnes, Properties West Inc. Applicant - JUB Engineers Inc, Gary Lee RT - Existing zoning LO - Requested zoning 6.68 - Acres 8 - Proposed building lots 900 - Total lineal feet of proposed public streets 265 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Eagle Road Principal arterial r Traffic count of 28,268 on 10/27/98 C -Existing Level of Service C -Existing plus project build -out Level of Service ,i 650 -feet of frontage 200 -feet existing right-of-way (100 -feet from centerline) Comply with ITUs' right-of-way requirements Eagle Road is under the jurisdiction of the Idaho Transportation Department (ITD). Eagle Road is improved with an 84 -foot street section no curb, gutter or sidewalk. New East-West Street Collector street with bike lane designation No traffic count available 360 - feet of frontage 0 - feet existing right-of-way (0 -feet north from centerline) 66 - feet required right-of-way (33 -feet north from centerline) The new east -west street is currently bein" constructed as a 28 -foot .vide roadway tapering to 40 -feet at the intersection with Eagle Road with no curbs, gutters or sidewalks. The new street will be a future collector street to service the large area of undeveloped land to the south and west of the subject property. The new road will be located on the mid-section line. ern: =a B. On March 27, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On March 31, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development �b CAROL.CNIM Paue 2 r� on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. In 1997, the District conducted an access control study for the Eagle Road corridor (Eagle Road Access Control Stud v, MK Centennial Engineering, September 25, 1997). The access control area covered in this plan included the segment of Eagle Road adjacent to this project site and recommended that driveway access to Eagle Road be eliminated and that public street intersections be located at the quarter and half mile point. The applicant is constructing all east/west collector road at the quarter mile location. Based on the findings of the Eagle Road Access Control Study , this site should not have a driveway on Eagle Road and the primary access to the arterial street system should be provided fi-om the new east/west collector roadway. This location of new collector roadway was also identified in the Eagle Road Access Control Study as a temporary full -access intersection. The intersections will be restricted to right- in/right-out operation as traffic volumes on Eagle Road increased. The District previously acted on NIA -08-99, an elementary school site located immediately west of the current application. The school site constructed a public street connection to Eagle Road along this site's south property line. The new street was constructed along this site's south property as a 28 -foot wide roadway tapering to 40 -feet at the intersection of Eagle Road. D. The applicant is not proposing any driveways on the new east/west collector road and none should be approved. The site has insufficient frontage to offset a driveway on the new collector road from both Eagle Road and the new commercial street. E. District policy requires the applicant to construct a 5 -foot wide concrete sidewalk on the new east/west street that abutting the parcel prior to District approval of a final plat. The sidewalk should be located two feet within the new right-of-way of the collector road. Coordinate the location and elevation of the sidewalk with District staff. F. The applicant is proposing to construct a commercial street off the new east/west collector roadway located approximately 320 -feet west of Eagle Road. The location of the roadway meets District policy. The applicant should be required to construct the roadway as a 40 -foot street section with curbs, gutters, and 5 -foot wide sidewalks within 5S -feet of right -of way. -� G. The applicant should be required to locate driveways on the commercial street a n1lnlnlUnl ol`50- feet north of the new east/west collector road. The driveways should be constructed as 24 to 30 - foot wide curb cuts and paved their entire width to a point 30 -feet beyond the edge of pavement of the commercial street. CAROL.CNI:M pj_e H. The applicant is proposing to construct a circular turnaround at the north end of the new north- south commercial street. The turnaround should be constructed to provide a minimum turning y radius of 45 -feet. Submit a design of the turnaround for review and approval by District staff. I. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 357-6250 (with file numbers) for details. J. State Highway 55 (Eagle Road) is under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said VAN" requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. The applicant may contact District III Traffic Engineer Michael Garz at 334-5340. K. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District tile applicant sllould be required to pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of all public streets. L. As required by District policy, restrictions on the width, Ilumber and locations of driveways, may be placed on future development of this parcel. M. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: C: Site Specific Requirements: 1. Dedicate 33 -feet of right-of-way for the new collector road along the south property line of the site abutting the parcel by nleans of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available inl,pact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #193. Comply with requirenlents of ITD for State Highway 55 (Eagle Road) frontage. Sllbllllt to the District a letter from ITD regarding said requirements prior to Distl•ict approval of the final plat or issuance of a building penllit (or other required permits), whichever occurs first. Contact District III Traffic Engineer at 334-S340. CAROL.CMM Page 4 �T. 3. The Eagle Road Access Study identified that the new east -west collector street located 2640 - feet north of Fairview Avenue will be restricted to right-in/right-out operation as traffic volumes on Eagle Road increased. 4. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. 5. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. r� 6. Construct a 5 -foot wide concrete sidewalk on new the east/west collector street abutting the -, final plat. The sidewalk shall be located two feet within parcel prior to District approval of a the new right-of-way of the collector road. Coordinate the location and elevation of the sidewalk with District staff. 7. Construct the new commercial street as a 40 -foot street sections with curb gutter, and 5 -foot wide concrete sidewalks within 58 -feet of right-of-way, located as proposed 320 -feet. 8. Locate driveways off the new commercial street a minimum of 50 -feet north of the collector r roadway. Construct the driveways as 24 to 30 -foot wide curb cuts and paved their full width to a point 30 -feet beyond the edge of pavement of the commercial street. 9. Construct an ACHD approved turnaround with a 45 -foot radius at the north end of the new north -south street. Submit a design of the turnaround for review and approval by District staff. 10. No access points to Eagle Road have been proposed and none are approved with this application. 1 I. No access points to the new east -west street have been proposed and none are approved with this application. 1 T . Standard Requirements: YY 1. A request for modification, variance or waiver of any requirement or policy outlined herein z shall be made in writing to the ACRD Planning and Development Stlpel•V'sor. The rCQUeSt shall specifically identify each requirement to be reconsidered and illCIUCIC a w(IttclI explanation of whV such a requirement would result in a substantial hardship or Inequlty The % 1 itten request shall be Submitted to the District no later thin 9:00 a-"'. oil the day schedLlICd for ACHD Conlnlission action Those items shall be rescheduled for discussion with the w...;, Commission on the next available meeting agenda. Requests Submitted to the District after 9:00 a.nl. on the day SChedlllCd for Commission action do not provide sufficient time for District staff to remove the item Iron, the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. CAROL.CiiINI Pa_e 5 After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of S 110-00. _The request for reconsideration shall specifically identifv each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. r ff 3. Payment of applicable road impact fees are required prior to building construction in r� w accordance with Ordinance #193, also known as Ada County Highway District Road impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building pen -nit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1535) at least two full business days prior to breaking ground within ACRD right -of --way. The applicant shall contact rACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant of the applicant's al111101'17_Cll 1epl'CSelltahl'C and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinllation ofany change from the Ada County Highway District. 9. Any change by the applicant in the planned use Of the property which is the subject of this application, shall require the applicant to Comply with all rules, regulations, OI•dinancCS, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to chane the planned use Of tile subject property unless a waiver/variance ol•said requirements or other legal relief is granted pursuant to the law in effect at the tinge the change 111 IISe IS S011ght. CAROL.CaI.\,1 P1_e G �r Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 3S7-6170. Submitted bv: Commission Action Planning and Development Staff M r Q` CAaot..C,NIM Pace 7 RECEIVED C CITY OF MER IT�'OPMERID N A,7— -00 -0 n7 CITY (ERK n ' i MERIDIAN PLANNING � ZONIl G FiCE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Properties West, Inc., an Idaho corporation, Developer/Owner THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of MERIDIAN, a municipal corporation of the State of Idaho, hereafter called 2000, by and between ITCI OF PROPERTIES WEST, INC., an Idaho corporation, hereinafter called Y„ and "DEVELOPER”/"OWNER", whose address is 1401 Shoreline Drive, P.O. Box 2797 Boise, Idaho 83702. 1 . RECITALS: 1.1 WHEREAS, "Developer"/"Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, 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 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Code § § 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Developer"/"Owner" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of Limited Office District (L- O), Meridian City Code § 11-7-2 G; and 1.5 WHEREAS, "Developer"/"Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed according to the Concept Plan and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ -00-007) - 001*11. 1.6 WHEREAS, record of the Proceedings annexation and zoning designation of the for before the Planningnested before the Cit &Zoning Commission "Property" held City Council, include responses Of arad subsequently subdivisions providing services within the City planning jurisdiction, and received ti °f Meridian comment; and further testimony and 1'7 WHEREAS, City Council, the_ day of approved certain Findings of Factna d Con lusio sn of La 2000, has Decision and Order, set forth in Exhibit B hereto and b v' and y this reference incorporatedWhich are attached full, hereinafter referred to as (th"Findings,,); as if set forth in g ), and 1.8 WHEREAS, the "Findings" require the "Develo enter into a development agreement before the Cit Council trakes final action on annexation and zoning designation; and 1.9 "DEVELOPER"/" OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Develo er / O p " " weer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Meridian City Code Titles 11 and 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: G�MIg �N�.00-00'1 -? INCORPORATION OF RECITALS: That the above recitals are itractual and binding and are incorporated herein as if set forth in full. 3 DEFINITIONS: For allPurposes t� ns, and phrases herein contained in hisse t o shall be defined and interpretedreement the wing words, hI °in provided for, unless the clear context of the presentation iras 01 �rwise: of the same requires 3.1 `CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER"/"OWNER": means and refers Properties West, Inc., an Idaho corporation, whose address istl 01 Shoreline Drive, PO Box 2797, Boise, Idaho 83702, the party who owns and is developing said "Property" and shall include any subsequent owners)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code § 11-7-2 G which are herein specified as follows: Development of Limited Office. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. J. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: DEVELOPMENT AGREEMENT (AZ -00-007) - ; 5.1 "Developer"/"Owner" shall develop the "Property" in accordance with the following special conditions: 5.1.A The property should be zoned L -O, Limited Office District, and the Applicant shall use the subject property to develop professional office uses with any other uses permitted in the subject zone only as a conditional use. 5.1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 5.1.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4. Wells may be used for non-domestic purposes such as landscape irrigation. 5. 1.3 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 5.1.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4D and 11-13 4E of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5.1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. DEVELOPMENT AGREEMENT (AZ -00-007) - 4 5.1.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C. 5.1.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 5.1.8 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2. 5.1.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 5.1.10 A minimum 35 -foot landscape buffer shall be required along the east property boundary and a minimum 20 -foot landscape buffer shall be required along the north property boundary of site. 5.1.11 Applicant shall be required to dedicate all right-of-way for the future east -west collector street and the north -south cul- de-sac as required by ACHD prior to the issuance of any building permits. 5.1.12 The Applicant shall pay for the opticom traffic signal for the future intersection on Eagle Road/SH 55, and shall be proportionally reimbursed for the total cost once the Kleiner property to the south develops. 5.1.13 That the Meridian School District shall be added to the Plat which proposes to construct a new, public cul-de-sac and which shall connect the office complex to the 66 -foot collector road serving River Valley Elementary School. The first 250 feet of the cul-de-sac is not located within the Applicant's property and that 250 feet lies within the Meridian School District's property boundaries. Therefore, the Meridian School District shall be added to the Preliminary Plat as a signatory on the plat, providing their consent as property owner to this 60 feet of public right-of- way dedication. DEVELOPMENT AGREEMENT (AZ -00-007) - 5 5.1.14 The total project has 87 more parking stalls than required by ordinance, and therefore the Applicant shall be allowed to eliminate the compact parking spaces. 6. 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" or "Developer "'s/"Owner's" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of subject "Property" of this agreement, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer"/"Owner" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer"/"Owner" and if the "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer"/"Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer"/"Owner", "Developer"'s/"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property'', this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance, which will include, at a minimum, notice of the DEVELOPMENT AGREEMENT (AZ -00-007) - 6 noncompliance, and an opportunity to be heard by the City Council before modification or termination. 9.2 A waiver by "City" of any default by "Developer"/"Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording to "Developer"/"Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer"/"Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer"/"Owner" 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; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT (AZ -00-007) - 7 n 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer"/"Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §12-5-3, to insure that installation of the improvements, which the "Developer"/"Owner" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all infrastructure and other improvements which are imposed by the terms of this agreement, the annexation ordinance, and the conditional use permit are completed, unless the "City" and "Developer"/"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased development; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. 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: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: DEVELOPER/OWNER: Properties West, Inc., an Idaho Corporation 1401 Shoreline Drive PO Box 2797 Boise, ID 83702 DEVELOPMENT AGREEMENT (AZ -00-007) - 8 City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. 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 contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer"P'Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer"/"Owner" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. DEVELOPMENT AGREEMENT (AZ -00-007) - 9 .-. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. RIM DEVELOPER/OWNER: PROPERTIES WEST, INC., AN IDAHO CORPORATION RESOLUTION NO. Attest: CITY CLERK CITY OF MERIDIAN LUX MAYOR ROBERT D. CORRIE BY RESOLUTION NO. Z:\Work\M\Meridian 15360M\Carol Office AZ CUP PP\DevelopAgr STATE OF IDAHO ) :ss DEVELOPMENT AGREEMENT (AZ -00-007) - 11 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the rth day of JU . , 2000, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer"/"Owner" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER"/"OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Developer"/"Owner" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Meridian City Code Titles 11 and 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: DEVELOPMENT AGREEMENT (AZ -00-007) - 2 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER"/"OWNER": means and refers to Properties West, Inc., an Idaho corporation, whose address is 1401 Shoreline Drive, PO Box 2797, Boise, Idaho 83702, the party who owns and is developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City "'s Zoning Ordinance codified at Meridian City Code § 11-7-2 G which are herein specified as follows: Development of Limited Office. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: DEVELOPMENT AGREEMENT (AZ -00-007) - 3 5.1 "Developer"/"Owner" shall develop the "Property" in accordance with the following special conditions: 5. LA The property should be zoned L -O, Limited Office District, and the Applicant shall use the subject property to develop professional office uses with any other uses permitted in the subject zone only as a conditional use. 5.1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this proj ect. 5.1.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.3 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 5.1.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4D and 11-13-4E of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5.1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. DEVELOPMENT AGREEMENT (AZ -00-007) - 4 5.1.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-134C. 5.1.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 5.1.8 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2. 5.1.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 5.1.10 A minimum 35 -foot landscape buffer shall be required along the east property boundary and a minimum 20 -foot landscape buffer shall be required along the north property boundary of site. 5.1.11 Applicant shall be required to dedicate all right-of-way for the future east -west collector street and the north -south cul- de-sac as required by ACHD prior to the issuance of any building permits. 5.1.12 The Applicant shall pay for the opticom traffic signal for the future intersection on Eagle Road/SH 55, and shall be proportionally reimbursed for the total cost once the Kleiner property to the south develops. 5.1.13 That the Meridian School District shall be added to the Plat which proposes to construct a new, public cul-de-sac and which shall connect the office complex to the 66 -foot collector road serving River Valley Elementary School. The first 250 feet of the cul-de-sac is not located within the Applicant's property and that 250 feet lies within the Meridian School District's property boundaries. Therefore, the Meridian School District shall be added to the Preliminary Plat as a signatory on the plat, providing their consent as property owner to this 60 feet of public right-of- way dedication. DEVELOPMENT AGREEMENT (AZ -00-007) - 5 5.1.14 The total project has 87 more parking stalls than required by ordinance, and therefore the Applicant shall be allowed to eliminate the compact parking spaces. 6. 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" or "Developer "'s/"Owner's" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of subject "Property" of this agreement , and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer"/"Owner" consents upon default to the de -annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to -wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer"/"Owner" and if the "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer"/"Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Developer"/"Owner", "Developer"'s/"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance, which will include, at a minimum, notice of the DEVELOPMENT AGREEMENT (AZ -00-007) - 6 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer"/"Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Developer"/"Owner" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all infrastructure and other improvements which are imposed by the terms of this agreement, the annexation ordinance, and the conditional use permit are completed, unless the "City" and "Developer"/"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased development; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. 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: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER/OWNER: Properties West, Inc., an Idaho Corporation 1401 Shoreline Drive PO Box 2797 Boise, ID 83702 with copy to: DEVELOPMENT AGREEMENT (AZ -00-007) - 8 City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. 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 contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer"/"Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer"/"Owner" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity. thereof shall not affect any of the other provisions contained herein. DEVELOPMENT AGREEMENT (AZ -00-007) - 9 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer"/"Owner" 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" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ -00-007) - 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. I: 1 DEVELOPER/OWNER: PROPERTIES WEST, INC., AN IDAHO CORPORATION RESOLUTION NO. CITY OF MERIDIAN MAYOR ROBERT D. CORRIE Attest: \`\``��� �� to J CITY CLERK SEAL = BY RESOLUTION NO. 2 Z:\Work\M\Meridian 15360M\Carol Offie� ,V \p\0 -g. STATE OF IDAHO ) N. IM -N , DEVELOPMENT AGREEMENT (AZ -00-007) — 11 COUNTY OF ADA On this I r' day of j ,1 <_ , in the year 2000, before me, k (—��(— a Notary Public, personally appeared Jon L. Barnes and Marilyn M. Barnes, mown or identified to me to be the President and Secretary of Properties West, Inc., the persons who executed the instrument on behalf of said corporation, and acknowledged to me having executed the same. ;rrer ` Q',.tLjeYxr::.:,raL�C ,O r (SEALS B �oG N44 Public for Idaho Ij Commission expires: 'Zl )P/o,1 010A16,800 �',,� STATE OF IDAHO ) :ss County of Ada ) On this day of , in the year 2000, before me, a Notary Public, personally appeared Ro ert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) N� a� Notary PQb1ifor dCommisxpires: i X e % • S ` �4,bt,ZCi:�,Q i *a OF ID: �• ■■■see DEVELOPMENT AGREEMENT (AZ -00-007) - 12 EXHIBIT A Legal Description Of Property A parcel of land being a portion of the Southeast 1/4 of the Northeast 1/4 of Section 5, T.3N., RAE., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a point marking the Northeast corner of Section 5, T.3N., RAE., B.M., Ada County, Idaho; thence South 00°36'05" West along the Easterly boundary of said Section 5, 2,611.52 feet to a point marking the Southeast corner of the NE 1/4 of said Section 5. Said point being the REAL POINT OF BEGINNING; thence leaving said Easterly line North 89°40'38" West, along the Southerly boundary line of said NE 1/4, 372.00 feet to a point; thence leaving said Southerly boundary North 00°36'05" East, 250.00 feet to a point; thence North 89°40'37" West, 143.00 feet to a point; thence North 00°36'05" East, 50.00 feet to a point; thence North 89°40'37" West, 105.00 feet to a point; thence North 00°36'05" East, 354.16 feet to a point on the Southerly boundary of Carol's Subdivision as shown on the Official Plat thereof recorded Book 38 of Plats at page 3164 in the office of the Recorder, Ada County, Idaho; thence South 89°10'00" East along said Southerly boundary, 620.00 feet to a point on the Easterly boundary of said Section 5; thence South 00°36'05" West along said boundary 648.63 feet to the REAL POINT OF BEGINNING. Said parcel contains 7.73 acres, more or less. EXHIBIT B DEVELOPMENT AGREEMENT (AZ -00-007) - 13 Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ -00-007) - 14 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF J -U -B ENGINEERS, INC., THE APPLICATION FOR AiNNEXATION AND ZONING OF 6.68 ACRES LOCATED AT THE WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW AND EAGLE ROAD FOR CAROL OFFICE COI-IPLEX FROM R -T TO L -O 05-22-00 Case No. AZ -00-007 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 May 16, 2000, at the hour of 7:30 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of J -U -B ENGINEERS, INC. was Nancy Taylor, and no one appeared in opposition, and having received the Recommendation to City Council of the Planning and Zoning Commission on this matter, 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 AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW ludicial Notice: The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. Annexation: 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area which is designated in the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994, and as provided in Meridian City Code § 11-16-3. 2. The -City Council exercises its legislative authority in the annexation and zoning of annexed land. Burt v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho 65 (1983). Prior to annexation the City Council shall request and receive a recommendation from the Planning and Zoning Commission of proposed zoning ordinance changes for the area to be annexed in accordance with the notice and hearing procedures provided in Section 67-6509, Idaho Code and concurrently or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX / BY: J -U -B ENGINEERS, INC. / AZ -00-007 immediatelv following the adoption of an ordinance of annexation, the City Council shall amend the Planning and Zoning Ordinance. [I.C. § 67-6525] [Meridian Citv Code § 11-16-1.] Zonin,: 3. The City of Meridian shall exercise the powers conferred upon it by the Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of Title 67 Idaho Code which provides that the Council shall by ordinance establish within its boundaries one or more zones or zoning districts in accordance with the adopted Comprehensive Plan. [I.C. § 67-6511]. 4. The "Zoning Ordinance" of the City of Meridian applies and regulates all development of land within the City limits and property outside the City limits for which annexation has been requested. [Meridian City Code § 11-1-3.] 5. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act" by the adoption of the "Zoning Ordinance" of the City of Meridian, Idaho, which provides for various zoning districts. [Meridian City Code §§ 11-1 - 11-21.] 5.1 The "Zoning Ordinance" provides a zoning district (L -O) Limited Office District which is defined as: [Meridian City Code § 11-7-2 G.] (L -O) Limited Office District: The purpose of the L -O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L -O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 5.2 The "Zoning Ordinance" provides for a "Zoning Schedule for Use Control" for land uses in various established zoning districts for permitted use, conditional use and permitted accessory use. [Meridian City Code § 11-6-1.] 5.3 The "Zoning Ordinance" provides for a zoning District Map where the zoning districts established by the ordinance are shown. [Meridian City Code § 11-6-1.] 5.4 The "Zoning Ordinance" provides for general procedures for the initiation and process of zoning amendment applications including notice and hearing procedures before the Planning and Zoning Commission and the City Council. [Meridian City Code § 11-15-1 - 11-15-6.] 5.5 The General Standards Applicable To Zoning Amendments include the following [Meridian City Code § 11-15-11 ] : 5.5.1 Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 5.5.2 Is the area included in the zoning amendment intended to be rezoned in the future; 5.5.3 Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed Lander the new zoning - for example, a residential area turning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE C01'vIPLEX / Y: J -U -B ENGINEERS, 7NC. / ,1 7-00-007 into commercial area by means of conditional use permits; 5.5.4 Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone areas; 5.5.5 Will the proposed uses 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; 5.5.6 Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 5.5.7 Will the area 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; 5.5.8 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; 5.5.9 Will the proposed uses 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; 5.5.1OWill the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE C0:'✓1PLEX'/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 5.5.11 Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 5.5.12 Is the proposed zoning amendment in the best interest of the City of Meridian. 6. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act", 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. Development Conditions: 7. The City is authorized by I.C. § 67-6511 A by the adoption of an ordinance to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel which the City has enacted as a part of the "Zoning Ordinance" at Meridian City Code § 11-15-12 and if the property is annexed and zoned Meridian City Code § 11- 16-4. 8. 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). 9. 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: Meridian City Code § 11-2-4 which pertains to development time schedules and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 requirements; Meridian City Code § 12-4-13, which pertains to the piping of ditches; and Meridian City Code § 12-5-2 N, which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning vas published for two (2) consecutive weeks prior to said public hearing scheduled for May 16, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under 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 May 16, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 ? 2There has been compliance with all notice and hearing requirements set forth in Idaho Code H 67-6509 and 67-6511, and Meridian City Code H I 1-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Titles 11 and 12, 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, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 6.68 acres in size. The property is located at the west side of Eagle Road between Fairview and Ustick Roads. The property is designated as Carol Professional Center, and described as follows: A parcel of land being a portion of the Southeast 1/4 of the Northeast 1/4 of Section 5, T.3N., R.IE., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a point marking the Northeast corner of Section 5, T.3N., R.IE., B.M., Ada County, Idaho; thence South 00°36'05" West along the Easterly boundary of said Section 5, 2,611.52 feet to a point marking the Southeast corner of the NE 1/4 of said Section 5. Said point being the REAL POINT OF BEGINNING; thence leaving said Easterly line North 89°40'38" West, along the Southerly boundary line of said NE 1/4, 372.00 feet to a point; thence leaving said Southerly boundary North 00°36'05" East, 250.00 feet to a point; thence North 89°40'37" West, 143.00 feet to a point; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 thence North 00°36'05" East, 50.00 feet to a point: thence North 89°40'37" West, 105.00 feet to a point; thence North 00°36'05" East, 354.16 feet to a point on the Southerly boundary of Carol's Subdivision as shown on the Official Plat thereof recorded Boole 38 of Plats at page 3164 in the office of the Recorder, Ada County, Idaho; thence South 89°10'00" East along said Southerly boundary, 620.00 feet to a point on the Easterly boundary of said Section 5; thence South 00°36'05" West along said boundary 648.63 feet to the REAL POINT OF BEGINNING. Said parcel contains 7.73 acres, more or less. 5. The owner of record of the subject property is Jon L. Barnes, of 1401 Shoreline Drive, PO Box 97, Boise, Meridian, Idaho. 6. Applicant is JUB Engineers, Inc., of Boise, Idaho. 7. The property is presently zoned by Ada County as Rural Transitional (R -T), and consists of vacant land. 8. The Applicant requests the property be zoned as Limited Office (L -O). 9. The subject property is bordered to the east and north by Ada County and the west and south by the city limits of the City of Meridian. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: professional office complex. 13. The Applicant requests zoning of the subject real property as L -O which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. The Applicant request zoning of the subject real property as Limited Office (L -O). The application is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development. Further, this application is consistent with the following provisions of the Meridian Comprehensive Plan: The subject property is located in an area designated as Mixed/Planned Use Development in the Meridian Comprehensive Plan It is within the Meridian Urban Service Planning Area. COMPREHENSIVE PLAN POLICIES Economic Development Chapter Policies 1.2, 1.3, and 1.9 Land Use Chapter Policies 4AU, 4.8U, 5.8, 5.9, 5.11, 5.14U, 5.15U FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 Comnninity Desi��n Chapter Policies 1.3, 1.4, 2.1U, 2.2U, 2.3U and 2.5U 16. 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 as a condition of Staff review and approval of development permits, and which restrict the use and development of the subject real property under the Limited Office Development procedures and pursuant to the conditional use permit process, to -wit: Adopt the Planning and Zoning and Engineering Recommendations as follows: 16.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4. Wells may be used for non-domestic purposes such as landscape irrigation. 16.3 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CA.ROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / A.Z-00-007 16.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4D and 11-13-4E of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 16.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 16.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C. 16.7 All signage shall be in accordance with the standards set forth in Section 1 I-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Signage restrictions shall be included in the development agreement. 16.8 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2. 16.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 16.10 A minimum 35 -foot landscape buffer shall be required along the east property boundary and a minimum 20 -foot landscape buffer shall be required along the north property boundary of site and shall be a condition in the Development Agreement. 16.11 Applicant shall be required to dedicate all right-of-way for the future east -west collector street and the north -south cul-de-sac as required by ACHD prior to the issuance of any building permits. 16.12 A Development Agreement shall be required as a condition of annexation. 16.13 The Applicant shall pay for the opticom traffic signal for the future intersection on Eagle Road/SH 55, and shall be proportionally FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 ,1_1*N reimbursed for the total cost once the ICeiner property to the south develops. 16.14 That the Meridian School District shall be added to the Plat which proposes to construct a new, public cul-de-sac and which shall connect the office complex to the 66 -Foot collector road serving River Valley Elementary School. The first 250 feet of the cul-de-sac is not located within the Applicant's property and that 250 feet lies within the Meridian School District's property boundaries. Therefore, the Meridian School District shall be added to the Preliminary Plat as a signatory on the plat, providing their consent as property owner to this 60 feet of public right-of-way dedication. 16.15 The total project has 87 more parking stalls than required by ordinance, and therefore the Applicant shall be allowed to eliminate the compact parking spaces. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact, 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. 18. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 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 6.68 acres to Limited Office (L -O) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 6.68 acres. The legal description shall be prepared by a Registered Land Sur-, eyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein provided are not met by the Developer that the property shall be subject to re -zone and de -annexation from the City of Meridian, which Agreement shall provide for the following conditions of use and development; to -wit: 3.A The Applicant shall use the subject property to develop, use and maintain professional office with any other uses permitted in the subject zone only as a conditional use. 3.B. The Applicant shall develop the subject property in accordance with the following conditions: 3.B.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 association. with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.B.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4. Wells may be used for non-domestic purposes such as landscape irrigation. 3.B.3 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 3.B.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4D and 11-13-4E of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3.B.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer ( Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 3.5.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C. 3.B.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Signage restrictions shall be included in the development agreement. rINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX / BY: J -U -B ENGINEERS, INC. / AZ -00-007 3.13.5 Provide five -foot -wide sidewalks in accordance with Citv Ordinance Section 12-5-2. 3.13.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.B.10A minimum 35 -foot landscape buffer shall be required along the east property boundary and a minimum 20 -foot landscape buffer shall be required along the north property boundary of site and shall be a condition in the Development Agreement. 3.B.11Applicant shall be required to dedicate all right-of-way for the future east -west collector street and the north -south cul-de-sac as required by ACHD prior to the issuance of any building permits. 3.B. 12A Development Agreement shall be required as a condition of annexation. 3.B.13The Applicant shall pay for the opticom traffic signal for the future intersection on Eagle Road/SH 55, and shall be proportionally reimbursed for the total cost once the ICeiner property to the south develops. 3.B.14That the Meridian School District shall be added to the Plat which proposes to construct a new, public cul-de-sac and which shall connect the office complex to the 66 -foot collector road serving River Valley Elementary School. The first 250 feet of the cul-de-sac is not located within the Applicant's property and that 250 feet lies within the Meridian School District's property boundaries. Therefore, the Meridian School District shall be added to the Preliminary Plat as a signatory on the plat, providing their consent as property owner to this 60 .feet of public right-of- way dedication. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 3.B.15The total project has 87 more parking stalls than required by ordinance, and therefore the Applicant shall be allowed to eliminate the compact parking spaces. 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 (L -O) Limited Office District (Meridian City Code § 11-7-2 G). S. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11 -2 1 -1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILPERSON TAMMY deWEERD 2000. COUNCILPERSON CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 6- 6 — © o F11vDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 VOTED VOTED—✓� VOTED�- VOTED_6k-A-- VOTED RESOLUTION NO -�5 2 BY: l e, -1k X, rd � /i ( 6vwnGt�L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND PROPERTIES WEST, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with PROPERTIES WEST, INC., AN IDAHO CORPORATION, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with PROPERTIES WEST, INC., AN IDAHO CORPORATION, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and PROPERTIES WEST, INC., AN IDAHO CORPORATION, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions, RESOLUTION (AZ -00-007) PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2�day of �%lyy..�, , 2000. ATTEST: CITY CLERIC msg/Z:\WorkWt\Meridian 15360M\Carol Office AZ CUP RESOLUTION (AZ -00-007) MAYOR t\ttttttrtrrrrri,., .\\ F MEp �ZAL sp 1. r Ys1 PPF$yeso�io CERTIFICATE OF CLERI( OF THE CITY OF MERIDIAN 1, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Cleric of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Cleric of this City, I am the custodian of its records and minutes and do hereby certify that on the 2©-l`= day of 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND PROPERTIES WEST, INC., AN IDAHO CORPORATION. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interest of the City of Meridian to enter into an agreement with PROPERTIES WEST, INC., AN IDAHO CORPORATION, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL,. as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with PROPERTIES WEST, INC., AN CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN (AZ -00-007) - I IDAHO CORPORATION, entitled "DEVELOPMENT AGREEMENT" dated the Zo t°` day of ��-�_ , 2000, by and between the City of Meridian and PROPERTIES WEST, INC., AN IDAHO CORPORATION, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. rrrrr;�; t" kyr GA Z '� zQL z '�' - ILLIAM G. BERG, JR. C5 - CITY CLERK STATE OF IDAHN . 0000-.'I . , : . SS. 00' County of Ada, On this 'Ut day of , in the year 2000, before me, — , a Notary Public, appeared WILLIAM G. BERG, JR., kno or ide ified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalfiqGbf.Vleridian. ■ •' • G' i O (SEAL) oFIVo�• Notary Pubic or I 00 ■owns•• Commission xpires: -� msg/ZAWork\M\Meridian 15360M\Carol Office AZ CUP PP\CertifClerkRes CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN (AZ -00-007) W& 4;y CCJUr14TY R``C(OnRDEP, 20U19 29 PM 1: 30 CITY OF MERIDIAN ORDINANCE NO. 0 7 7 --� R O0R0ED - RME0UtST OF IIR���ty'a.�� t.►ti"� FLE -iL DEPUTY �rr 100050770 FILE COPY AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIMITED OFFICE DISTRICT (L -O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50- 223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A parcel of land being a portion of the Southeast 1/4 of the Northeast 1/4 of Section 5, T.3N., R.lE., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a point marking the Northeast corner of Section 5, T.3N., R.IE., B.M., Ada County, Idaho; thence South 00°36'05" West along the Easterly boundary of said Section 5, 2,611.52 feet to a point marking the Southeast corner of the NE 1/4 of said Section 5. Said point being the REAL POINT OF BEGINNING; thence leaving said Easterly line North 89°40'38" West, along the Southerly boundary line of said NE 1/4, 372.00 feet to a point; ANNEXATION AND ZONING ORDINANCE (AZ -00-007)- 1 thence leaving said Southerly boundary North 00'36'05" East, 250.00 feet to a point; thence North 89°40'37" West, 143.00 feet to a point; thence North 00°36'05" East, 50.00 feet to a point; thence North 89°40'37" West, 105.00 feet to a point; thence North 00°36'05" East, 354.16 feet to a point on the Southerly boundary of Carol's Subdivision as shown on the Official Plat thereof recorded Book 38 of Plats at page 3164 in the office of the Recorder, Ada County, Idaho; thence South 89°10'00" East along said Southerly boundary, 620.00 feet to a point on the Easterly boundary of said Section 5; thence South 00°36'05" West along said boundary 648.63 feet to the REAL POINT OF BEGINNING. Said parcel contains 7.73 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Limited Office District (L -O). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of ANNEXATION AND ZONING ORDINANCE (AZ -00-007)- 2 Meridian and the owner of the land described in Section 1 dated the GD day of K:TU-" e- , 2000. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Cleric of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. ANNEXATION AND ZONING ORDINANCE (AZ -00-007)- 3 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 20 day of 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this�� day of 2000. V0%yll i`I ra r•er1l7 ili , r�. / x CITY CLERK- STATE LERKSTATE OF IDAHO,) ss. County of Ada. On this day of furq, , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •••same,,* • U �� OT 'x� ��Na NOTARY PWFDAHO • RESIDING AT: ' MY COMMISSION EXPIRES: GI-Zb-Co •.�B OF ID msg\ZAWork\M\Meridian 15360hf6j,ol Office AZ CUP PP\AZ.ORD ANNEXATION AND ZONING ORDINANCE (AZ -00-007)- 4 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 877 passed by the City Council of the City of Meridian, on the 2OZ�-- day of, 2000, is a true and correct copy of the orib nal of said document which is in the care, custody and control of the City Cleric of the City of Meridian. `kWjI1titht of IUILLIAM G. BERG, R. STATE OF IDAHOJ'o�,CNT� •������\ County of Ada, COn this 2&— day of , in the year 2000, before me, )W4)J4 t, UWJI ZA, , a Notary Public, appeared WILLLkNf G. BERC,, JR., known or identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. .q e O • e (SEAL) ;:3�; baa Notary Publ c orI a o • t f® Commission Expires: eee� OF TD •e• i.e..••� msg\Z:\Work\M\N1eIidian 15360M\Carol Office AZ CUP PP\CertificationOfClerkOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN 3 0 0 c o �n p N 1,7111 Z .00'Ebl w M.LE,047.68N N 00 ;p o �o o toLn .00'SOT Z M.LE,ot+.68N ;� cn ,00 139 0 00,01.68s Z as roilsn na LrIZ7 r m P7 r Y S a Z I W 0 U H Z \ Qi Q `Q cz H Q Wm H 0 Q Z NO Z C:l :D W z¢ o Z� CoA y3 —J LrLLJ J Q' Z q UEl p C:luq a Z F— } W ¢ � ¢ < ¢ u Ld WCD W 1-4 N U in M(y� H I+i Z ID o-) im? -� Z ^ Z w U A J H d w ,00'cLE \ P1,8E,0�.68N 3 0 0 c o �n p N 1,7111 Z .00'Ebl w M.LE,047.68N N 00 ;p o �o o toLn .00'SOT Z M.LE,ot+.68N ;� cn ,00 139 0 00,01.68s Z as roilsn na LrIZ7 r m P7 r Y S a AZ 00-007 June 15, 2000 MERIDIAN CITY COUNCIL MEETING June 20, 2000 ITEM NO. 2 APPLICANT J -U -B Engineers annexation and zoning of 6.6$ acres from RT to REQUEST Ordinance - request for L -O for proposed Carol Professional Center - west side of Eagle Road between Fairview Avenue and Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Ordinance Materials presented at public meetings shall become property of the City of Meridian. fo BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF J -U -B ENGINEERS, INC., THE APPLICATION FOR ANNEXATION AND ZONING OF 6.68 ACRES LOCATED AT THE WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW AND EAGLE ROAD FOR CAROL OFFICE COMPLEX FROM R -T TO L -O FILE torr 05-22-00 Case No. AZ -00-007 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 May 16, 2000, at the hour of 7:30 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of J -U -B ENGINEERS, INC. was Nancy Taylor, and no one appeared in opposition, and having received the Recommendation to City Council of the Planning and Zoning Commission on this matter, 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 AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAvV fudicial Notice: The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. Annexation: 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area which is designated in the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994, and as provided in Meridian City Code § 11-16-3. 2. The -City Council exercises its legislative authority in the annexation and zoning of annexed land. Burt v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho 65 (1983). Prior to annexation the City Council shall request and receive a recommendation from the Planning and Zoning Commission of proposed zoning ordinance changes for the area to be annexed in accordance with the notice and hearing procedures provided in Section 67-6509, Idaho Code and concurrently or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 .. - ' .1� � > h �. ; '�- f ' i. . ' %; immediately following the adoption of an ordinance of annexation, the City Council s ,all amend the Planning and Zoning Ordinance. [I.C. § 67-6525] [Meridian Ciiy J Code § 11-16-1.] Zo— n 3. The City of Meridian shall exercise the powers conferred upon it by the Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of Title 67 Idaho Code which provides that the Council shall by ordinance establish within its boundaries one or more zones or zoning districts in accordance with the adopted Comprehensive Plan. [I.C. § 67-6511]. 4. The "Zoning Ordinance" of the City of Meridian applies and regulates all development of land within the City limits and property outside the City limits for which annexation has been requested. [Meridian City Code § 11-1-3 . ] 5. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act" by the adoption of the "Zoning Ordinance" of the City of Meridian, Idaho, which provides for various zoning districts. [Meridian City Code §§ 11-1 - 11-21.] 5.1 The "Zoning Ordinance" provides a zoning district (L -O) Limited Office District which is defined as: [Meridian City Code § 11-7-2 G.] (L -O) Limited Office District: The purpose of the L -O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L -O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 5.2 The "Zoning Ordinance" provides for a "Zoning Schedule for Use Control" for land uses in various established zoning districts for permitted use, conditional use and permitted accessory use. [Meridian City Code § 11-6-1.] 5.3 The "Zoning Ordinance" provides for a zoning District Map where the zoning districts established by the ordinance are shown. [Meridian City Code § 11-6-1.] 5.4 The "Zoning Ordinance" provides for general procedures for the initiation and process of zoning amendment applications including notice and hearing procedures before the Planning and Zoning Commission and the City Council. [Meridian City Code § 11-15-1 - 11-15-6.] 5.5 The General Standards Applicable To Zoning Amendments include the following [Meridian City Code § 11-15-111: 5.5.1 Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 5.5.2 Is the area included in the zoning amendment intended to be rezoned in the future; 5.5.3 Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 into commercial area by means of conditional use permits; 5.5.4 Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone areas; 5.5.5 Will the proposed uses 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; 5.5.6 Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 5.5.7 Will the area 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; 5.5.8 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; 5.5.9 Will the proposed uses 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; 5.5. 10 Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 5.5. 11 Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 5.5.12 Is the proposed zoning amendment in the best interest of the City of Meridian. 6. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act", 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. Development Conditions: 7. The City is authorized by I.C. § 67-6511 A by the adoption of an ordinance to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel which the City has enacted as a part of the "Zoning Ordinance" at Meridian City Code § 11-15-12 and if the property is annexed and zoned Meridian City Code § 11- 16-4. 8. 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). 9. 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: Meridian City Code § 11-2-4 which pertains to development time schedules and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 requirements; Meridian City Code § 12-4-13, which pertains to the piping of ditches; and Meridian City Code § 12-5-2 N, which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for May 16, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under 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 May 16, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code H 67-6509 and 67-6511, and Meridian City Code H 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Titles 11 and 12, 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, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 6.68 acres in size. The property is located at the west side of Eagle Road between Fairview and Ustick Roads. The property is designated as Carol Professional Center, and described as follows: A parcel of land being a portion of the Southeast 1/4 of the Northeast 1/4 of Section 5, T.3N., R.lE., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a point marking the Northeast corner of Section 5, T.3N., R.1E., B.M., Ada County, Idaho; thence South 00°36'05" West along the Easterly boundary of said Section 5, 2,611.52 feet to a point marking the Southeast corner of the NE 1/4 of said Section 5. Said point being the REAL POINT OF BEGINNING; thence leaving said Easterly line North 89°40'38" West, along the Southerly boundary line of said NE 1/4, 372.00 feet to a point; thence leaving said Southerly boundary North 00°36'05" East, 250.00 feet to a point; thence North 89°40'37" West, 143.00 feet to a point; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 thence North 00°36'05" East, 50.00 feet to a point; thence North 89°40'37" West, 105.00 feet to a point; thence North 00°36'05" East, 354.16 feet to a point on the Southerly boundary of Carol's Subdivision as shown on the Official Plat thereof recorded Book 38 of Plats at page 3164 in the office of the Recorder, Ada County, Idaho; thence South 89°10'00" East along said Southerly boundary, 620.00 feet to a point on the Easterly boundary of said Section 5; thence South 00°36'05" West along said boundary 648.63 feet to the REAL POINT OF BEGINNING. Said parcel contains 7.73 acres, more or less. 5. The owner of record of the subject property is Jon L. Barnes, of 1401 Shoreline Drive, PO Box 97, Boise, Meridian, Idaho. 6. Applicant is JUB Engineers, Inc., of Boise, Idaho. 7. The property is presently zoned by Ada County as Rural Transitional (R -T), and consists of vacant land. 8. The Applicant requests the property be zoned as Limited Office (L -O). 9. The subject property is bordered to the east and north by Ada County and the west and south by the city limits of the City of Meridian. 10. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX / BY: J -U -B ENGINEERS, INC. / AZ -00-007 Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: professional office complex. 13. The Applicant requests zoning of the subject real property as L -O which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. The Applicant request zoning of the subject real property as Limited Office (L -O). The application is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development. Further, this application is consistent with the following provisions of the Meridian Comprehensive Plan: The subject property is located in an area designated as Mixed/Planned Use Development in the Meridian Comprehensive Plan. It is within the Meridian Urban Service Planning Area. COMPREHENSIVE PLAN POLICIES Economic Development Chapter Policies 1.2, 1.3, and 1.9 Land Use Chapter Policies 4AU, 4.8U, 5.8, 5.9, 5.11, 5.14U, 5.15U FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 Community Design Chapter Policies 1.3, 1.4, 2.1U, 2.2U, 2.3U and 2JU 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed as a condition of Staff review and approval of development permits, and which restrict the use and development of the subject real property under the Limited Office Development procedures and Pursuant to the conditional use permit process, to -wit: Adopt the Planning and Zoning and Engineering Recommendations as follows: 16.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4. Wells may be used for non-domestic purposes such as landscape irrigation. 16.3 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AL7-00-007 16.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4D and 11-13-4E of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 16.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 16.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-134C. 16.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Signage restrictions shall be included in the development agreement. 16.8 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2. 16.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 16.10 A minimum 35 -foot landscape buffer shall be required along the east property boundary and a minimum 20 -foot landscape buffer shall be required along the north property boundary of site and shall be a condition in the Development Agreement. 16.11 Applicant shall be required to dedicate all right-of-way for the future east -west collector street and the north -south cul-de-sac as required by ACHD prior to the issuance of any building permits. 16.12 A Development Agreement shall be required as a condition of annexation. 16.13 The Applicant shall pay for the opticom traffic signal for the future intersection on Eagle Road/SH 55, and shall be proportionally FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 reimbursed for the total cost once the Kleiner property to the south develops. 16.14 That the Meridian School District shall be added to the Plat which proposes to construct a new, public cul-de-sac and which shall connect the office complex to the 66 -foot collector road serving River Valley Elementary School. The first 250 feet of the cul-de-sac is not located within the Applicant's property and that 250 feet lies within the Meridian School District's property boundaries. Therefore, the Meridian School District shall be added to the Preliminary Plat as a signatory on the plat, providing their consent as property owner to this 60 feet of public right-of-way dedication. 16.15 The total project has 87 more parking stalls than required by ordinance, and therefore the Applicant shall be allowed to eliminate the compact parking spaces. 17. . It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact, 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. 18. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ CAROL OFFICE COMPLEX / BY: J -U -B ENGINEERS, INC. / AZ -00-007 uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 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 6.68 acres to Limited Office (L -O) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 6.68 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by ' City of th Jt�?te of Idaho, and snail conform to ali the ' ro',-sions of t k- Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein provided are not met by the Developer that the property shall be subject to re -zone and de -annexation from the City of Meridian, which Agreement shall provide for the following conditions of use and development; to -wit: 3.A The Applicant shall use the subject property to develop, use and maintain professional office with any other uses permitted in the subject zone only as a conditional use. 3.B. The Applicant shall develop the subject property in accordance with the following conditions: 3.B.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX / BY: J -U -B ENGINEERS, INC. / AZ -00-007 association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.B.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4. Wells may be used for non-domestic purposes such as landscape irrigation. 3.B.3 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 3.B.4 Paving and strips. b s<�- y L-.__ _, rdance Mth the standards set forth in Sections 11-13-41) and 11-13-4E of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3.B.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 3.5.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C. 3.B.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Signage restrictions shall be included in the development agreement. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 3.13.8 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2. 3.13.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.B.10A minimum 35 -foot landscape buffer shall be required along the east property boundary and a minimum 20 -foot landscape buffer shall be required along the north property boundary of site and shall be a condition in the Development Agreement. 3.B.I lApplicant shall be required to dedicate all right-of-way for the future east -west collector street and the north -south cul-de-sac as required by ACHD prior to the issuance of any building permits. 3.B.12A Development Agreement shall be required as a condition of annexation. 3.B.13The Applicant shall pay for the opticom traffic signal for the future intersection on Eagle Road/SH 55, and shall be proportionally reimbursed for the total cost once the IQeiner property to the south develops. 3.B.14That the Meridian School District shall be added to the Plat which proposes to construct a new, public cul-de-sac and which shall connect the office complex to the 66 -foot collector road serving River Valley Elementary School. The first 250 feet of the cul-de-sac is not located within the Applicant's property and that 250 feet lies within the Meridian School District's property boundaries. Therefore, the Meridian School District shall be added to the Preliminary Plat as a signatory on the plat, providing their consent as property owner to this 60 feet of public right-of- way dedication. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 r 3.B.15The total project has 87 more parking stalls than required by ordinance, and therefore the Applicant shall be allowed to eliminate the compact parking spaces. 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 (L -O) Limited Office District (Meridian City Code § 11-7-2 G). 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11 -2 1 -1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of c 6� ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILPERSON TAMMY deWEERD 2000. COUNCILPERSON CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 67— 6 — o o FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 VOTED-1� VOTED* -,-- VOTED 4� VOTED _0_A_ VOTED MOTION: 1 APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: - City Clerk Dated: msg/ZAWork\N4\Meridian 15360NRCarol Office AZ CUP PP\AZFfCls FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/CAROL OFFICE COMPLEX/ BY: J -U -B ENGINEERS, INC. / AZ -00-007 June 15, 2000 AZ 00-007 MERIDIAN CITY COUNCIL MEETING June 20, 2000 APPLICANT J -U -B Engineers ITEM NO. P REQUEST Development Agreement - AZ of 6.68 acres from RT to L -O for proposed Carol Professional Center - west side of Eagle Road betwPPn G^ Ustick Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLIO DEPT: CITY FIRE DEPT: CITY BUILDING DEPT CITY WATER DEPT: MERIDIAN SCHOOL DIST MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY D CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. Ram ') Tll,,or June 19, 2000 RECEIVE 11 ,j U j�I iono L Will Berg CITY OF MERIDIAN City Clerk CITY CLERK OFFICE City of Meridian 33 East Idaho Street Meridian, ID 83642 RE: CAROL PROFESSIONAL CENTER DEVELOPMENT AGREEMENT Properties West, Inc. - Jon Barnes, Owner Dear Mr. Berg: Please find attached a signed and notarized copy of the Development Agreement for the Carol Professional Center. Although I wilt not be in attendance at the City Council meeting of June 20, 2000 1 agree to the terms of the Development Agreement. Sincerely, L. Barnes, President roperties West 11507devagreelet.doc JULIE KLEIN FISCHER Wm. F. GIoRAY, III BRENT JOHNSON D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS* CHRISTOPHER S. NYE -ALSO ADMITTED IN OR -ALSO ADMITTED IN WA WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW PHILIP A. PETERSON 200 EAST CARLTON AVENUE, SUITE 31 STEPHEN L. PRUSS POST OFFICE BOX 1150 ERIC S. ROSSMAN MERIDIAN, IDAHO 83680-1150 TODD A. RosSMAN TEL (208) 288-2499 DAVID M. SWARTLEY FAX (208) 288-2501 TERRENCE R. WHITE** Email via Internet @ wfg@wppmg.com June 13, 2000 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL(208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE FFcE'wD J .J U N 1 5 2000 William G. Berg, Jr., City Clerk COY IN llr O'tDIAN MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: PROPERTIES WEST, INC. / DEVELOPMENT AGREEMENT, RESOLUTION AND CERTIFICATE OF CLERIC/ AZ -00-007 Dear Will: Please find enclosed a new revised, original of the DEVELOPMENT AGREEMENT for the above project. This agreement will need to replace the agreement that was sent to your office on May 23, 2000. I have also attached the new revised, originals of the Resolution and Certificate of the Clerk for the Development Agreement. City Council did approve the Findings of Fact and Conclusions of Law for the above matter on June 6, 2000, and therefore the Findings will need to be attached to the Development Agreement as Exhibit "B". Please submit the Development Agreement to the owners for signatures. If you have any questions please advise. Ve truly s, Wm. F. ichols msg\Z:\Work\M\Meridian 15360M\Carol Office AZ CUP PP\FFCL and DevAgtC1k061200.ltr .oA. WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER PHILIP A. PETERSON WM. F. GIGRAY, III STEPHEN L. PRUSS BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN WILLIAM A. MORROW DAVID M- SWARTLEY WILLIAM E NICHOLS• TERRENCE R. WHITE" CHRISTOPHER S. NYE "ALSO ADMITTED IN OR -ALSO ADMITTED IN WA William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 Email via Intemet @ wfg@wppm9.c0m May 23, 2000 Re: J -U -B ENGINEERS / 6.68 ACRES AZ -00-007 ANNEXATION AND ZONING ORDINANCE Dear Will: NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE PcF'vP,D MAY 2 6 2000 CITY OF MERIDIAN Please find enclosed the above ordinance for the annexation and zoning for J -U -B ENGINEERS, INC., (Carol Office Complex) for 6.68 acres. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning are adopted, and the Development Agreement has been signed by the Applicant. Also, please note in Section 5 you will need to fill in the date when the Development Agreement has been executed. If you have anv questions arise, please advise. Very truly yours Wm. F. Nichols -e AZ CUP PP\Clerk on Ord Ltr WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER PHILIP A. PETERSON Wm. F. GIGRAY, III STEPHEN L. PRUSS BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM E NICHOLS• TERRENCE R. WHITE" CHRISTOPHER S. NYE -ALSO ADMITTED IN OR **ALSO ADMITTED IN WA 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288.2501 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Email via Internet @ wfg(a_wPPmg.cOm May 23, 2000 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE FFCF11V_P.T_% MAY 2 6 2000 CITY OF MERIDIAN Re: J -U -B ENGINEERS, INC. / ANNEXATION AND ZONING FINDINGS, DEVELOPMENT AGREEMENT, RESOLUTION AND CERTIFICATE OF CLERIC/ AZ -00-007 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FORANNEXATION AND ZONING prepared as per instructions from the Council meeting of May 16, 2000, and which are on the agenda for June 6, 2000. I have also attached the originals of the Resolution and Certificate of the Clerk for the Development Agreement. I have also attached hereto the Development Agreement for the above matter. After the Council meeting of June 6, 2000, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners for signatures. If you have any questions please advise. Very truly you m. F. icho s Dffice AZ CUP PP\FFCL and DevAgtCllc.ltr City of Meridian City Clerk's Office Phone: 208-888-4433 Fax: 208-888-4218 To: Steve O'Brien From: Shelby Fax: Pages: 5 Phone: Date: 06/01/00 Re: J -U -B Carol Sub Ordinance CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Steve, Here's an Ordinance that's going on the 20th of June's agenda. Thanks!! Shelby The Idaho r�riu j _, Statesman P.O. BOX 40, BOISE, IDAHO 83707-0040 �L�1 tr- tl.�ii1:� Dept. LEGAL ADVERTISING INVOICE f�C1:L�7� 064514 241277 ! CAROL PROFESSIONAL CENTER CITY OF MERIDIAN 33 E. IDAHO AVE MERIDIAN, ID 83642-2631 LEGAL NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on May 16, 2000, for the purpose of reviewing and considering the application of J -U -B rezon- ing 6.68 acres from RT to L Otion f or pro - located at Carol the�west sideonal ofCenter generally Road between Fairview Avenue and Ustick Road; Furthermore, the applicant requests a Conditional Use Permit to construct an office complex consisting of eight build- ings as well as preliminary plat for eight lots. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection dur- ing regular business hours: A COPY of the application is available upon request. Any and all interested per- sonsand theapublic isrwelcme andat saids invited hearing submit testimony. DATED this 17th day of April, 2000 WILLIAM G. BERG, JR., CITY CLERK Apr. 28, May 12, 2000 7059 r c tip It,a , .*�: 40T AR Y ; -P G X, fo NT I APRIL 28, MAY 12, 2000 1�: Estimated Inches Real Inches 38 LINES # Affidavits Legal Number 7059 JANICE HILDRETH , being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto; that said notice was published in The Idaho Statesman in conformity with Section 60-108, Idaho Code as amended, for TWO ❑ consecutive weekly ❑ single ❑ consecutive daily ❑x odd skip insertion(s) beginning with the issue of APRIL 28 2000 and ending with the issue of MAY 12 2000 STATE OF IDAHO ) ss. COUNTY OF ADA On this 12TH day of MAY in the year of 2000 , before me, a Notary Public, personally appeared JANICE HILDRETH known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. Notary Public for Idah Residing at: Boise, Idaho My commission expires: May 12, 2000 AZ 00-007 MERIDIAN CITY COUNCIL MEETING May 16, 2000 APPLICANT J -U -B Engineers ITEM NO. REQUEST Annexation and Zoning of 6.68 acres from RT to L -O for proposed Carol Professional Center - west side of Eagle Road btw Fairview Ave & Ustick AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached P & Z Minutes See attached Recommendations BUREAU OF RECLAMATION: OTHER: See affached from Sanitary Service Company Materials presented at public meetings shall become property of the City of Meridian. -kz .))2�,I�, WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JumE KLEIN DsCHER 200 EAST CARLTON AVENUE Wm. F. G GRAY, III PosT OFFICE Box 1150 BRENT J. JoHNsoN MERIDIAN, IDAHO 83680-1150 D. SAMUEL. JOHNSON WQ,LIAM A. MORROW WILLIAM F.NICHOLS TE 208)288-2499 CIIUSTOPHER S. NYE FAX (308) 288-2501 PHI.IP A. P=sON STEPHEN L. Muss ERic S. ROSSMAN TODD A. ROSSMAN DAVID M. SWARTLEY TERRENCER WHITE April 25, 2000 To: Staff Applicant Affected Property Owner(s) Re: Application Case No. AZ -00-007 Hearing Date: May 2. 2000 NAWA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL.208) 466-9272 FAX ( 08) 4664405 PLEASE REPLY TO MERIDIAN OFF1cE APR 2 6 2000 CITY OF MERIDIAN FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the 'City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and 2. That you carefully complete (be sure it is legg�ble) the Position Statement if you disagree with the Findings and Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you prepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, please present your Position Statement to the City Council at the hearing, along with eight (8) copies. The copies will be Cresented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the ity Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly yours, City Attorney's Offic ly/ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 6.68 ACRES FOR CAROL OFFICE COMPLEX FROM R -T TO L -O BY J -U -B ENGINEERS, INC. Case No. AZ -00-007 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 6.68 acres in size and is located at the west side of Eagle Road between Fairview and Eagle Road. The property is designated as Carol Professional Center. 2. The owner of record of the subject property is Jon L. Barnes, of 1401 Shoreline Drive, PO Box 97, Boise, Meridian, Idaho. 3. Applicant is JUB Engineers, Inc., of Boise, Idaho. 4. The property is presently zoned by Ada County as Rural Transitional (R -T), and consists of vacant land. 5. The Applicant requests the property be zoned as Limited Office (L -O). 6. The subject property is bordered to the east and north by Ada County and the west and south by the city limits of the City of Meridian. 7. The property which is the subject of this application is within the Area RECOMMENDATION TO CITY COUNCIL - I ANNEXATION AND ZONING - R -T TO L -O FOR CAROL OFFICE COMPLEX BY PROPERTIES WEST, INC. of Impact of the City of Meridian. 8. 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. 9. The Applicant proposes to develop the subject property in the following manner: professional office complex. 10. The Applicant requests zoning of the subject real property as L -O which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use. 12. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning and Engineering Recommendations as follows: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - R -T TO L -O FOR CAROL OFFICE COMPLEX BY PROPERTIES WEST, INC. confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site- specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4D and 11-13-4E of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. Signage restrictions need to be included in the development agreement. 8. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. 10. A minimum 35 -foot landscape buffer is required along the east property boundary and a minimum 20 -foot landscape buffer is required along the north RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - R -T TO L -O FOR CAROL OFFICE COMPLEX BY PROPERTIES WEST, INC. property boundary of site and shall be a condition in the Development Agreement. 11. Applicant shall be required to dedicate all right-of-way for the future east -west collector street and the north -south cul-de-sac as required by ACHD prior to the issuance of any building permits. 12. A Development Agreement shall be required as a condition of annexation. Z:\Work\M\Meridian 15360M\Carol Office AZ CUP PP\CarolOfficeAZRec.wpd RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING - R -T TO L -O FOR CAROL OFFICE COMPLEX BY PROPERTIES WEST, INC. Meridian Planning and : ^ ging Commission Meeting April 11, 2000 Page 63 MOTION CARRIED: ALL AYES 16. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 6.68 ACRES FOR PROPOSED CAROL PROFESSIONAL CENTER BY J -U -B ENGINEERS, INC.—WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW AND USTICK ROAD: Borup I'd like to open the public hearing and start with staff comments. I think we want to combine all three as far as comments don't we. This is the same projects before us when we were looking at Comprehensive Plan changes last fall—as a reminded for Commissioner's. Hawkins Clark: Terms of the annexation and zoning application, we talking about 6.68 acres immediately east of the current elementary school that is being constructed. The request is to rezone from an RT to a LO which does comply with the Comprehensive Plan designation mixed use, which they did get approved November 16, 1999. One correction that the applications conditional use permit application –on the transmittal it does incorrectly state that the reason for the conditional use permit is for a rear setback reduction, just to correct that. The reason is because it is in the mixed planned use area of the Comprehensive Plan which requires conditional use for all uses. I think you are familiar with surrounding uses. There is a Carol Subdivision immediately north. There is 3 single family residential lots that immediate abut the north part of the parcel. I believe the applicant has had numerous discussions with the neighborhood on that. END OF SIDE SEVEN Hawkins Clark: Here is a site photo looking toward River Valley Elementary School being constructed. This is the north boundary of the site. On a conditional use permit they do have a proposed sign which relates to the last item. This was a condition that we requested in our staff comments that they have addressed. I don't know if you received—the applicant did bring tonight a written comments to our staff report. I have reviewed those and they don't have any outstanding issues and they have agreed on this sign to the recommended size that we have there. Here is the site plan. On the conditional use permit we are more or less asking for the specifics in terms of landscaping on the perimeter. They have provided that. They are showing 8 lots which are addressed in their preliminary plat application. Again, this would be, they are proposing a new road coming off of Eagle through here. They would have lots A, B, C, D, E, F, G and H labeled here. The proposed elevations front and rear, they are proposing that the front on the culdesac—one of our comments was the culdesac length is exceeds our minimum or maximum and they have formally requested a variance as part of the planned unit development for the –35 or 40 feet difference. Staff concurs with that. That is all I have, thanks. Borup: Questions from the Commission. Would the applicant like to come forward. Meridian Planning and ling Commission Meeting April 11, 2000 Page 64 Taylor: Good evening. Nancy Taylor, JUB Engineers, 250 S. Beechwood, Boise. This evening I know that we are all most too late, so I'd like to tell you that we've been working for about a year to develop a site plan for this site. We feel we've come up with a good one and that takes into account the neighborhood and the school. I'd also like to add that we concur with all the comments from staff. One we'd like to qualify. Under the preliminary plat requirements, number 7. There is a request that, let me just read this one because this was the only one we had a little bit of or needed a little clarification on. It had to do with the opticom and it said that Properties West who is the developer of the site, shall be responsible for providing, installing, paying for the optician system. I believe that Mr. Barns who is a developer certainly agrees to participate in that, but that optician system probably should be the responsibility of those businesses that will be using that new access onto Eagle Road. That would also include the Kleiner property to the south when it develops and the school. That is the only qualification. Borup: How do you propose to get that light in at this point when the property is not developed to the south. Taylor: I am suggesting that its just like a sewer or water that is would be a latecomers agreement to participate with that. That's all. Hatcher: So your client the developer of the property would contribute to actually getting installed and then be reimbursed. Taylor: Yes, yes. They are only going to be about 3 properties as it is now that would benefit from that signalized intersection. The school, Mr. Barns property and the Kleiner property, which is the big parcel to the south that is bordered by Fairview and Eagle Road. 72 acres. I am just saying those are the people using that signal —that they should all participate in that opticom. Borup: Your saying that your client would install it with a proportional reimbursement as other properties came in or developed. Taylor: I believe so. We can ask him. We don't have an idea of the cost at this point. I don't know what the cost is. Borup: Does staff have any idea of that.. The lights all ready going to be there. That just needs a signal from the fire department. Freckleton: The only thing that jumps out at me is the in the comments we do talk about that was a specific requirement of the or in the Findings of Fact and Conclusions of Law for the Comprehensive Plan amendment for this parcel. It was a specific requirements placed upon Properties West. I don't know at this time we can (inaudible) distribute that cost to other parties. I don't know. As far as a mechanism of how we would inter into any kind of, I hate to use the term late comers agreement, but your talking about some Meridian Planning and : ^ ling Commission Meeting April 11, 2000 Page 65 sort of cost share agreement between the parties. We certainly don't have any mechanism in place to do something like that. Borup: Will the 72 acres included in the Comprehensive Plan change. Freckleton: No, the Comprehensive Plan change was for – Borup: Right, that's what I thought. So that other parcel can't be developed at this point can it. Freckleton: It is designated mixed use on the existing Comprehensive Plan. Taylor: Staff, do you have any idea about what costs we are talking about here? Brown: It is not very much. I don't mean to spend your money. As I recall when I was previously employed the Boise Fire Dept. had one and it was like $5000. Freckleton: All this is, is a device that is added to the top of the signal bar that controls the—it is wired into the control box and in the fire truck they have, its basically a strobe, that activates the signals and it switches the light green for the on -coming emergency vehicles. Taylor: Thank you. I would appreciate that just because—but otherwise we don't have any problems with that item either. Thank you. Borup: Any other questions from the Commissioner's. Barbeiro: The proposal that you brought before us prior was a combination of residential and commercial. How is this different. Taylor: How does this relate? Good question. We presented –we worked with the neighborhood and we took a combination of residential and office and worked with them and asked what they preferred and this final site plan we have of the professional office was their preferred options. We respected that and deleted the homes. Barbeiro: That was recollection during the hearing. Kane: My name is Ray Kane. I live in the 3rd (inaudible) just abutting that property. John has worked with all of us very well. We had the meetings at my house. I can speak for the! other people that we all feel he is more than met everything that we asked. We all are very much in favor of what he is doing. He has met all of our requests and then some. We all are happy. Brown: I move we close the public hearing. Meridian Planning and : king Commission Meeting April 11, 2000 Page 66 Hatcher: Second it. Borup: Moved and seconded. All in favor MOTION CARRIED: ALL AYES Norton: I have some discussion I guess. Regarding the Fire Depts. Comments regarding the reduction of the rear setbacks that they are not approving of, what is staffs comments on that. It is regarding the Meridian School District school if they have temporary buildings that would be too close together and too close to property lines. Borup: Do we have a school layout. Is that where the temporary buildings would go? Hawkins Clark: Commissioner I have never seen a layout that would address temporary buildings. I personally don't see what those buildings would serve that close up to their property line. Maybe the applicant could address that. Do you know Nancy? Freckleton: I think that this comment is probably coming from general past history in the school districts with their temporary buildings. I don't know of any plan for temporary buildings at this point of time. I have never heard of anything. Brown: Bruce, the temporary building does that not have to come before the City. Freckleton: Yes it does. Brown: So, that can be addressed at that point. Borup: Item number 9 on the parking stall dimensions. Did that adequately get answered. Do they have a redesign. Hawkins Clark: They do. They submitted a redesign of the parking layout. Borup: Lets go ahead and vote on this. Brown: I would recommend approval of the annexation and zoning of 6.68 acres for the proposed Carol Professional Center by JUB Engineers on the west side of Eagle Road between Fairview and Ustick subject to staff comments and recommendations. Hatcher: Second the motion. Borup: All in favor. MOTION CARRIED: ALL AYES 04/24/2000 12:07 2088885052 N1 AYOR Robert D. Corric CIT)' COUNCIL iNIMNIBERS Ron Andcrson Ke1th Bird Tamm% dalVv,:rd Cherie McCandless SANITARY SERVICE HUB OF TREASURE VILLI=Y � A Good PIACI to Live CITY OF MERIDIAN 33 EAST IDAHO NIERIDIAN, IDAHO 83642 (208) 533-4.133 • Fax (303) 837-451, City Clerk Oiiirc rax (208) SS3-4213 PAGE 02 LEC AL 1)EPAIMMENT (208) 28-219'1 . Fax 288.2501 P110LIC WORKS BUILDING, DEPARTMENT (308) 357,231 1 - Fa. SST -12,r PLANNING AND ZONING DEPARTMENT (208)384.5533 - Fax 388-0854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24, 2000 TRANSMITTAL DATE: March 15, 2000 HEARING DATE: April 11. 2000 FILE NUMBER: AZ -00-007 REQUEST: ANNEXATION AND ZONING OF 6.68 ACRES FOR PROPOSED CAROL .PROFESSIONAL CENTER BY: J -U -B ENGINEERS INC. LOCATION OF PROPERTY OR PROJECT: WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW AND USTICK ROAD SALLY NORTON, PIZ MERIDIAN SCHOOL DISTRICT KENT BROWN, P/Z THOMAS BARBEIRO, PIZ MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) RICHARD HATCHER, P/Z ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION _KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH —ROBERT CORRIE, MAYOR ANDERSON, C/C NAMPA MERIDIAN IRRIGATION DISTRICT _RON CHERIE McCANDLESS, C/C SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) _KEITH BIRD, C/C de WEERD, C/C U.S. WEST(PRELIM & FINAL PLAT) _TAMMY DEPARTMENT INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _WATER ,,,SEWER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) :eSANITARY SERVICE _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT Y02 CONCISE REMARKS: Ilk F_ _CITY ATTORNEY _,CITY ENGINEERY.,cam' PLANNER c. tits J .O. _CITY — W? £oea w e S•f f ;� Co f?FcE-'vED APR 2 4 2000 CITY OF HERMAN APR 24 '00 12:07 2088885052 Pcar,F A7 ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 06 05/15 09:27 206 323 9336 May 12, 2000 AS OF MAY 15 '00 09:32 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD## STATUS EC --S 04'14" 011 033 OK AZ 00-007 MERIDIAN CITY COUNCIL MEETING May 16, 2000 APPLICANT J -U -B Engineers ITEM NO. REQUEST Annexation and Zoning of 6.68 acres from RT to L -O for proposed Carol Professional Center - west side of Eagle Road btw Fairview Ave & Ustick AGENCY COMMENTS CITY CLERK: See attached P & Z Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Recommendations CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See attached from Sanitary Service Company Materials presented at pubic meetings shall become property of the City of Meridian. O 00 00 N M r' N M to M 00 O to O to \ Z Y Q d <00 N N O N N N �t N O H U � N N N N Z I- - ¢ Lo rn M I I I I a. Y � O U W Q Q Cn r ED I- 00 O N d O Z r 00 - r-- •- - N N Q H N a 00 r- It � J 0 rn (D O M Cl rl N N N d M d M M W U LLJ >O �_ �_ U N d- It (DD O co � O 60 N N M M M �`� M J m OfO O 0 O O O O O O O O O O O O O O Q M T� M -: I- O N 0 N J m WN Of N d r- (D r- tf) Lf-) O O 00 r tf) N nj a) Z N N O N N g I Of I Z 0 0 00 J O OJ O O c �L �� z 0 D J Q N N m N N U O W LL- 0 I m ** TX CONFIRM�,..ON REPORT ** DATE TIME TO/FROM 05 05/17 10:41 LEGAL DEPARTMENT ----------------- AS OF MAY 17 '00 10:41 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'26" 001 127 OK 0 a N Nj 0 O D Y Q a N N N N O U d d r N N N N C7 = Z H _ Q rn X � O U Q � p O1 d T c0 O N d� r, m J o O M N N N 'd W (D O cq O 0) Lo po `t O J N � M � M ��0�� ' OOOO 0 O m m N ,�. N1F T n Lo O co to o ^ N R N � N n N °' Z (O N Z, C)0 J 0p ~ z ~ z vi Q N m — 04 U 0 W L,- (� 2 I - - - - - - - • , . - y I V - V V 1 V . -1 1 -IY1 , r d y e I / 1 Memo Ta Mayor & City Council Pron>r Brad Hawkins-Clark'tV- Cf Shari Stiles, Nancy Taylor (J -U -B) Date: 05/15100 Rec File PP -00-007, Carol Professional Center (Preliminary Plat) /^ RECEIVED CITY OF MERIDIAN CITY CLERK OFFICE The subject application is Item #12 on your 5/16100 agenda. The Applicant has submitted a revised plat and Site/Landscape Plan addressing Staffs original comments. Staff has reviewed these revised plans and below are the unresolved issues which should either be resolved at your meeting tomorrow or made additional conditions of approval of the project 1. Item #1.7, pg, 3, of the P&Z Recommendation deals with the opticom traffic signal for the future intersection on Eagle Road/SH 55, The Applicant made verbal testimony at the 4/11/00 P&Z meeting to pay for the opticom device, but there was also discussion that they would like to be proportionally mirrlbursed for the total cost once the Kleiner property to the south develops. This item needs to be finally resolved. 2. The plat proposes to construct a new, public cul-de-sac that would connect the office complex to the 66 -foot collector road serving River Valley Elementary School. However, the first 250 feet of this cul-de-sac is not located within the Applicant's property — it lies within the Meridian School District's (MSD) property boundaries. The City has no documentation between the Applicant and MSD agreeing to this arrangement. A condition should be added to the Preliminary Plat that MSD be added as a signatory on the plat, providing their consent as property owner to this 60 feet of public right-of-way dedication. Item #1.15, pg. 4, of the P&Z Recommendation on the CUP (File CUP -00-20) deals with the parking stall sizes. The revised Site/Landscape Plan does modify the original submittal but still shows A compact parking stalls in the project as 13 -feet in length. City Ordinance 11-13-4.G. requires a minimum length of 15 feet for compact stalls. The Applicant proposes that a 2 -foot curb overhang allowance be figured in which would then meet the 15 -foot minimum. But, after further consideration, Staff feels the overhang allowance is only appropriate for standard size vehicles and should not be granted for compact vehicles. The total project has 87 more stalls than required by ordinance, so there is ample "design room" to either omit or modify these compact areas. Staff recommends the Applicant either meet the minimum 15 -feet Length for all compact stalls or omit them altogether. This could be worked out with Staff during the building permit process, if Council so desires. • Page 1 MAY 16 '00 10:57 20eeeeGe54 PAGE.01 Certified Mailing Returns Project Name Carol Professional Center File No(s) Date of Hearing Name Address Reason for Return 16 -May -00 Green 2935 Leslie Drive Unclaimed 16 -May -00 Boyle 3109 Leslie Drive Unclaimed MERIDIAN PLANNING & ZONING MEETING: April 11 2000 APPLICANT: J -U-13 ENGINEERS ITEM NUMBER: 16 REQUEST: ANNEXATION & ZONING OF 6.68 ACRES FOR PROPOSED CAROL PROF CENTER AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. COMMENTS COMING CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTE WATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: � v MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: F ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEE COMMENTS T, G SETTLERS IRRIGATION: IDAHO POWER: I8Y US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. March 22, 2000 Will Berg, City Clerk Meridian Planning & Zoning Commission 33 East Idaho Meridian, ID 83642 ^fo;ckav,vj MAR 3 0 2000 �aY OF KaW AN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: AZ-00-007/PP-00-007/CUP-00-020 Annexation and Zoning, Preliminary Plat and Conditional Use Permit for Proposed Carol Professional Center Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. The District's Stokesberry Lateral courses through this project; the right-of-way of the Stokesberry Lateral is 40 feet, 20 feet from the center each way. The District's has a license agreement for the pipe relocation but we will need an addendum for any landscaping. The District must review the plans, once approved you may contact the District's attorney, Mr. Bryce Farris and ask that he prepare an addendum to the agreement. Sincerely, PP.APA"& Anderson, Water Superintendent NM MERIDIAN IRRIGATION DISTRICT JPA:dIn Cc: File — Shop File - Office Asst. Water Superintendent J -U -B Engineers, Inc — Gary Lee Properties West, Inc. — Jon L. Barnes APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 27 March 2000 Gary A. Lee, P.E./L.S. J -U -B Engineers, Inc. 250 S. Beechwood, #201 Boise, ID 83709 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: Land Use Change Application — Carol Professional Center �iZ-DD 'D07�PP�0D-DO7/CuP'00 - Da.� Dear J -U -B Engineers:: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, Donna N. Moore, 1 Assistant Secretary/Treasurer cc: File Water Superintendent Jon L. Barnes — Properties West, Inc. City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS 40,000 MERIDIAN PLANNING & ZONING MEETING: April 11 2000 APPLICANT: J -U -B ENGINEERS ITEM NUMBER: 16 REQUEST: ANNEXATION & ZONING OF 6.68 ACRES FOR PROPOSED CAROL PROF CENTER AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. COMMENTS COMING CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTEWATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: . - - ADA COUNTY HIGHWAY DISTRICT: �{-a �t /P_eh YQ Ce���cC f7 3-31-00 ADA COUNTY STREET NAME COMMITTEE: - CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEE COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Sent By: city o7 Meridian; 2088886854; Apr -11-00 12:46PM; Page 1 PcElw-D ADA COUNTY BIGHWAY DISTRICT APR 1 1 2000 Planning and Development Division CITY OF MER,IBIM Development Application Report R Preliminary flat — Carol Subdivision Eagle Rd. N/0 Fairview 8 Commercial/Office Lots An application for a prelirninary plat has been submitted to the City of Meridian for eight commercial and office lots. The application has been referred to ACRD by the City of Meridian for review and comment. Carol Subdivision is an 8 -tot commercial subdivision on 6.68 -acres. The applicant is also requesting a rezone from RT to L0. This development is estimated to generate 630 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. The Commission previously reviewed and approved the adjacent public school site MA -08-98. Q Together with the school site, the current application will be constructing a new east -west street on the south property line. I:2 L Roads impacted by this development: Eagle Road New East-West Street ACHD Commission Date— April 12, 2000 - 7:00 p.m. C.D SITE ! G_RArJO�R School Site .6 LL _C7..... L i t FAIRVIEW" VV -d CARUL.CNIM 3-31-00 hj Pl �ep j-� Pag-C I APR 11 '00 13:48 2068886854 PAGE.01 Sent By: City of Meridian; 2088886854; Apr -11-00 12:47PM; Page 2 k-- 1711, �F APR 11 '00 1348 2088886854 PAGE.02 sent By: city of Meridian; 1� Omwam ALrmo Val %WWI log UlMl m -.Mo dAmm M W31N33 IYN01983108611_,,+' '583MM3 wn^r IVId AUVNM113Hd 2088886854; Apr -11-00 12:47PM; l,l I D All II 1 II All f,5L,l 6-k-) Page 3 APR 11 '00 1348 2088886854 PAGE.03 Sent By: City OT Meridian; 2088886854; Apr -11-00 12:47PM; Page 4 LF" i a ri APR 11 '00 1349 2088896854 PAGE.04 1 1 i 'LI_�i-�•-- 1 �1.114 .77 APR 11 '00 1349 2088896854 PAGE.04 Sent By: City OT Meridian; 2088886854; Apr -11-00 12:48PM; r-� 1"_ Facts and Findings: A. General Information Owner - John L. Barnes, Properties Wcst Inc, Applicant - JUB Engineers Inc, Gary Lee RT - Existing zoning LO - Requested zoning 6.68 - Acres 8 - Proposed building lots 900 - Total lineal feet of proposed public streets 265 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Ea Principal arterial with bike route designation Traffic count of 28,268 on 10/27/98 C -Existing Level of Service C -Existing plus project build -out Level of Service 650 -feet of frontage 200 -feet existing right-of-way (100 -feet from centerline) Comply with ITD's right-of-way requirements Page 5 Eagle Road is under the jurisdiction of the Idaho Transportation Department (ITD). Eagle Road is improved with an 84 -foot street section no curb, gutter or sidewalk. New East-West Street Collector with bike lane designation -0I No traffic count available 360 - feet of frontaee 0 - feet existing rigl►t-of--vay (0 -feet north fi-om centerline) 66 - feet required right-of-way (33-teet north from centerline) The new cast -west street does not yet exist. New North-South Street Local commercial street with no bike lane dcsignation f... No traffic count available 500 - fect of frontage 0 - feet existing right-of-way (0 -feet north from centcrline) 58 - feet required right-of-way (29 -feet north from centerline) C'AROL.CVIM Paac 2 APR 11 '00 13:49 2088886854 PAGE.05 Sent By: City ort Meridian; Lz, 2088886854; The new east -west street does not yet exist. Apr -11-00 12:48PM; Page 6/11 B. On March 27, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On March 28, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. In 1997, the District conducted an access control study for the Eagle Road corridor (Eagle Road Acge5s Control Study, MK Centennial Engineering, September 25, 1997). The access control area covered in this plats included the segment of Eagle Road adjacent to this project site and recommended that driveway access to Eagle Road be avoided or eliminated in the future. Therefore, this site should be provided with adequate access from the interior of the from a new east -west street that intersects Eagle Road approximately 1,320 -feet north of Fairview Avenue. Only identified terporary full -access intersection's approximately 1,320 -feet north of Fairview Avenue are permitted. The access intersections would be restricted to right-in/right-out operation as traffic volumes on Eagle Road increased, and a one-way frontage road is a long range possibility. D. The District previously acted on MA -08-99, an elementary school site located immediately west of the current application. The school site anticipated a public street connection to Eagle Road on their south property line. The new east -west street is aligned at the site's southern property line. The new street will also serve the adjacent property to the south. Because the parcel to the south is not currently proposed for redevelopment, the Carol Professional Center will be responsible for construction one-half of the roadway plus 12 -feet of additional pavement. Improvements shall be constructed to an ultimate 66 -foot street section plus 5 -foot sidewalks. E. The new east -west roadway will be functionally classified as a collector roadway. The District normally shares in the; cost of right-of-way and construction. The applicant is responsible for constructing the local commercial street equivalent. A local commercial street has a 40 -foot roadway with curbs, gutters and 5 -foot sidewalks within 58 -feet of right-of-way, The collector —'W' street has a 46 -foot roadway with curbs, gutters and 5 -foot sidewalks within 70 -feet of right-of- way. The District will be responsible for the additional 12 -Feet of right of way plus the additional 6 -feet of pavement. F. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. r G. State Highway 55 (Eagle Road) is under the jurisdiction of Idaho Transportation Department (iTD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said requirements prior to District approval of tltc final plat or issuance of a building pern►it (or other APR 11 '00 13:49 C'A ROL.CNiM Paue 2088886854 PAGE.06 Sent By: City ort Meridian; 2088886854; Apr -11-00 12:48PM; Page 7111 required permits), whichever occurs first. The applicant may contact District III-rraffic Engineer Michael Garz at 334-8340. H. The applicant is proposing to construct a uircular tuntaround at the north end of the new nurth- south street. The District will consider alternatives to the standard turnaround on a case-by-case basis. This will be based on turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is locate. Submit a design of the turnaround for review and approval by District staff. 2 I. District policy states that direct access to arterials and collectors i to ' ally. In ccordance with District policy, direct lot access to Eagle Road and the new east -w st street is hibited. J. The turnarounds should be constructed to provide a minimum turning radius of 55 -feet (See C' Section 7204.9.2 of the current ACHD Policy Manual. Dedicate a 62 -feet radius of right -of --way plus the additional width of the median. K. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveway its frill width and at least 30 -feet into the site beyond the edge of pavement of all public streets. L. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. Q M. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. L r 400 The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: CARni..CMM Paue 4 APR 11 100 13:50 2088eG6854 PAGE.07 Sent By: City OT Meridian; 2088886854; Apr -11-00 12:49PM; Page 8/11 1. Comply with requirements of ITD for State I lighway 55 (Eagle Road) frontage. Submit to the ell District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact [)istrict [I1 Traffic Engineer a1334-8340. Q Ca.. 2. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. 3. The Eagle; Road Access Study identified temporary frill -access intersection approximately 1,320 -feet north of Fairview Avenue. The proposed east -west street is located 1,320 -feet north of Fairview Avenue and complies with District needs. The access intersections would be restricted to right- in%ri ;ht -out operation as traffic volumes on Eagle Road increased. Cuordinate the access locations with District staff. The site should be designed to have; full street access from the interior of the section. 4. As required by District policy, restrictions on the width, number and locations of driveways, shalt be placed on future development of this parcel. 5. Dedicate 47 -feet of right-of-way north from the centerline of the new cast -west street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for 6 -feet of right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit Tone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #193. CAROL. NIM Page 5 APR 11 '00 13:50 2088866854 PAGE.08 sent By: City ort Meridian; 2oBaama54; r Apr-11-oo 12:49PM; Page 9/11 G. Dedicate 58 -feet of right-of-way for the new north -south public street by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building pen -nit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will cwt be compensated for this additional right-of-way because is a local street and is to be brought to adopted standards by the developers of abutting properties. 7. Construct curb, gutter, 5 -foot wide concrete sidewalk within 58 -feet of right-of-way on the new north -south street. Improvements shall be constricted to a 40 -foot street section. Construct an ACHD approved turnaround with a 55 -feet radius at the north end of the new north -south street. Submit a design of the turnaround for review and approval by District staff. 9. No access points to Eagle Road have been proposed and none are approved with this application. 10. No access points to the new east -west street have been proposed and none are approved with this application. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. The request shall specifically identifv each requirement to be reconsidered and include a writlen explanation of mly such a requirement would result _in a substantial hardship or inequity. The written resLuesl shall tie submitted -t4 the District no later thanes:00 a.tx�. on the day scheduled for ACI.JD_Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the rcgUested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. Alter ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning, and Development Supervisor within six days of the action and shall include a minimum fee of S l 10.00. The request for reconsideration shall sllccifical identify each requirement to he reconsidered and include wtittert documentation of data that wax not available to the CgjDmission at the time of its original decision The request for reconsideration will he heard by the District Commission at the next regular mectin; of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date: and time of the Commission meeting at which the reconsideration will be heard. APR 11 100 13:50 CAROI..('NINI Pare G 2088886854 PAGE.09 sent By: City OT Meridian; n u 2088886854; Apr -11-00 12:49PM; .— , Page 10/11 r 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable ® requirements of the Ada County Highway District prior to District approval for occupancy. r 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRID conduits (spare or filled) are compromised during any phase of constriction. S. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation o1' any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. (.'A Rnf ..C7ti1M Pagc 7 APR 11 100 13:51 2068886854 PAGE.10 Sent By: City of Meridian; Conclusion of Law: 2088886854; Apr -11-00 12:50PM; Page 11/11 1. ACHD requirements are intended to assure that the proposed use/devclopmcnt will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the [Manning and Development Division at 387-6170. rr, Submitted by: Planning and Development Staff i Commission Action: CAROL.CNI IA Page 8 APR 11 '00 13:51 2088886854 PAGE.11 Mayor HUB HUB OF TREASU, PZ_ �-f� -- � D /1 ROBERT D. CORRIE A Good Place LEGAL DEPARTMENT City Council Members CITY OF M 1 �LL /�,, rt '�/ g 208) 288-2499 • Fax 288-2501 ( PUBLIC WORKS CHARLES ROUNTREE 33 EAST II BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, ID. (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4tio DEPARTMENT (208) 884-5533 • Faz 887-1297 MEMORANDUM: April 6, 2000 To: Planning & Zoning Commission/Mayor & City Council RECEIVED From: Bruce Freckleton, Assistant to City Engineer 1 ( J ! i0110 Brad Hawkins -Clark, Planner eZj�,c_ CITY OF MERIDIAN CITY CLERK OFFICE Re: - Request for a Annexation and Zoning of 6.68 Acres from R -T to L -O by Properties West, Inc. (J -U -B Engineers, Inc.) (File AZ -00-007) - Preliminary Plat of 6.68 Acres and 8 Lots by Properties West, Inc. (J -U -B Engineers, Inc.) (File PP -00-007) - Conditional Use Permit for an Office Complex in the Mixed/Planned Use Development Area Consisting of Eight Buildings by Properties West, Inc. (J - U -B Engineers, Inc.) (File CUP -00-020) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS BACKGROUND & SUMMARY On November 16, 1999, the Meridian City Council passed Resolution No. 263, amending the Comprehensive Plan Generalized Land Use Map for a twenty -acre parcel (a portion of which includes the subject site) from a Single Family Residential designation to Mixed/Planned Use Development. The same applicant (J -U -B Engineers, Inc.) and property owner (Properties West, Inc.) submitted that Comprehensive Plan Amendment application, with the intention to develop the acreage fronting on Eagle Road/SH 55 as an office park. A requirement in the 1993 Comprehensive Plan for development in Mixed/Planned Use areas is that all fixture development be approved only under the conditional use permit (CUP) process. [Correction — Note that the Applicant's CUP application and the City's transmittal incorrectly state the reason for the CUP is to request a rear setback reduction from 20 feet to 10 feet. While such setback reductions may be requested as part of a PUD application, the reason for the CUP is that the development site falls within the M/PU area of the Comprehensive Plan Map.] There are three separate applications covered in this report. The Annexation & Zoning application proposes to annex a 6.68 acre parcel (7.73 acres including Eagle right-of-way) and rezone the parcel from Rural Transitional (R -T) to Limited Office (L -O). The Preliminary Plat application proposes to subdivide the parcel into eight (8) lots and to create two new, public AZ -99-M and CUP -99-037 Carol Office ComPlex.AZCUP.PP.doc Mayor, Council and P&Z April 6, 2000 Page 2 roads to serve this subdivision and the new River Valley Elementary School. The CUP application proposes eight new, detached office buildings -- one on each parcel. ACHD has prepared a draft report for the Preliminary Plat application. The ACHD Commission hearing is set for April 12, 2000 at 7:00 pm. Staff is recommending approval of the annexation, preliminary plat and conditional use applications with the proposed conditions. LOCATION & SURROUNDING PROPERTIES The property is generally located along the west side of Eagle Road/SH 55 at the half -mile section between Fairview Avenue and Ustick Road. Properties to the north of the subject parcel are part of Carol's Subdivision. There are three (3) established single-family residences on lots ranging from 0.7 to 0.9 acre lots abutting this site. These lots are separated from subject parcel by a combination of short, split rail and solid wood fences. Ada County average valuation of the lots immediately adjacent to this area is $212,635. East of the subject parcel are Eagle Road, scattered single family residential houses, and agricultural land. The property to the south is currently agricultural farmland. Southwest of the subject parcel is Packard Acres Subdivision. The 12 acres immediately west of the property is owned by Meridian School District. River Valley Elementary School is currently being constructed. ANNEXATION AND ZONING GENERAL COMMENTS 1. The legal description stamped approved on 3-14-00 by Public Works Department is correct and places the parcel contiguous to existing city limits. 2. Staff agrees with the proposed L -O zone. The L -O zone is permitted and compatible with the Mixed/Planned Use comprehensive plan designation. It provides for appropriate, transitional uses between Eagle Road/SH 55 on the east and the school on the west. It will also potentially serve to lessen the impact of future development on the 72 -acre Kleiner property to the south, which has a commercial designation in the comprehensive plan. 3. Ordinance No. 11-7-2.G. cites the purpose of the L -O zone is to permit the establishment of groupings of professional, executive, administrative, accounting, clerical and similar uses and to act as a transitional use. The proposed application and zoning comply with this intent. 4. The subject lots can be adequately served by public facilities, and the proposed uses will allow for orderly expansion of the city limits. AZ -99-022 and CUP -99-040 Carol Office Complex.AZCUPPP.doc Mayor, Council and P&Z ^ April 6, 2000 Page 3 ANNEXATION SITE SPECIFIC REQUIREMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. Signage restrictions need to be included in the development agreement. 8. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. 10. A minimum 35 -foot landscape buffer is required along the east property boundary and a minimum 20 -foot landscape buffer is required along the north property boundary of site and shall be a condition in the Development Agreement. AZ -99-M and CUP -99-040 Carol Office Comp1m.A7 CUP.PP.doc Mayor, Council and P&Z April 6, 2000 Page 4 11. Applicant shall be required to dedicate all right-of-way for the future east -west collector street and the north -south cul-de-sac as required by ACRD prior to the issuance of any building permits. 12. A Development Agreement shall be required as a condition of annexation. PRELIMINARY PLAT GENERAL COMMENTS (File PP -00-007) 1. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. No hydrants are currently shown on the preliminary plat. 3. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. PRLIMINARY PLAT REQUIREMENTS 1. Sanitary sewer service to this site will be via extensions from the newly installed main for the new River Valley Elementary School. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2. Water service to this site will be via extensions from newly installed main for the new River Valley Elementary School. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 3. Two -hundred -fifty -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due Carol Office Complex.AZ.CUP.PP.doc AZ -99-022 and CUP -99.040 Mayor, Council and P&Z April 6, 2000 Page 5 to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 5. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 6. The proposed north -south cul-de-sac is 487 feet in length (centerline of east -west road to radius point of bulb). The maximum cul-de-sac length permitted by the Subdivision Ordinance is 450 feet (Ordinance 12-4-2.F). The Applicant must formally request a variance for the cul-de-sac length as part of the Planned Unit Development application. 7. A condition of approval placed on this site by the Fire Department in the approved Findings of Fact and Conclusions of Law for the Comprehensive Plan Amendment (see File No. CPA -99-001, para. 11, pg. 4) was that the future signalized intersection on Eagle Road/SH 55 will need to have Opticom traffic system installed by Properties West, Inc. 8. The Stokesberry Lateral easement is shown as 40 feet wide on the plat and 29 feet wide on the Site/Landscape Plan. Applicant should clarify the actual width and make any subsequent edits to the plans. If the 40 -foot width is correct, a letter of approval or license agreement must be obtained granting permission to plant in this easement. 9. A letter of approval or license agreement must be obtained from Idaho Power Co. granting permission to plant in their easement. If this easement is dedicated for overhead power lines, there may be a potential conflict with these trees at full maturity. 10. In their report for Carol Subdivision Preliminary Plat, ACHD did not reference cross access easements. Staff recommends cross access easements be entered into and recorded between Lots 1-4 and 5-8, Block 1. This recorded cross -access easement must be received at the time of building permit application. 11. Staff recommends the 35 -foot Eagle Road/SH 55 landscape setback, currently shown as an easement, be platted as a separate common lot within the subdivision. The draft AZ -99-0''1' and CUP -99-040 Carol Office Complex.AKC UP.PP.doc Mayor, Council and P&Z April 6, 2000 Page 6 CC&Rs submitted with the application states each separate lot owner in the subdivision will be responsible for construction, installation and maintenance of landscaping on each building site. By placing responsibility for the Eagle Road/SH55 landscape buffer with a single entity (the Subdivision Owner's Association), greater consistency of design and maintenance can be achieved and planting materials will mature at similar rates. 12. Six -foot -high, permanent perimeter fencing shall be required on the northern boundary of the subdivision. Submit detailed fencing plans for review and approval with submittal of the Final Plat. All required fencing is to be in place prior to issuance of building permits. All fencing must comply with Ordinance 12-4-10.17. of the Subdivision & Development Ordinance. 13. All perimeter landscaping must be completed prior to issuance of Certificate of Occupancy for any building within the subdivision. 14. The Final Plat must be recorded prior to issuance of any building permits. CONDITIONAL USE COMMENTS 1. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 2. Staff believes the Site / Landscape Plan (Sheet L1) is generally in accord with the intent and purpose of the Limited Office zone. The majority of the Comprehensive Plan policies cited below are met with this Plan. 3. Generally, the City has required all uses within Planned Developments that are not submitted at the time of the original application to submit separate CUP applications at the time of development. However, for this project, Staff agreed to accept an overall concept of Carol Professional Center and require all future buildings to substantially comply with the conditions placed on this application without being required to submit individual CUP applications. Staff have proposed specific conditions related to this below. The architectural conditions were taken from the draft CC&Rs and will be used to review all future buildings within this subdivision. If there are significant modifications to any of the pad designs/layouts as approved under this application, they would be required to submit new CUP applications. CONDITIONAL USE SITE SPECIFIC REQUIREMENTS Public Works Requirements: 1. Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. AZ -99-022 and CUP-99.OSO Carol Office Complex.AZCUP.PP.doc Mayor, Council and P&Z April 6, 2000 Page 7 3. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 4. Per Uniform Plumbing Code requirements, each building shall be served by independent sewer and water services. 5. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 6. Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. Planning & Zoning Requirements: 1. The conditional use permit shall be subject to review upon ten days notice to the Applicant. The conditional use permit should become null and void if work does not commence within one year of approval and construction is not complete within two years from date of approval. The conditional use permit should be made transferable from one owner to a new owner or from tenant to tenant provided uses comply with Ordinance requirements and construction proceeds in accordance with the approved conditional use permit. 2. One monument sign is proposed for the site. An elevation was submitted with the CUP application. The sign has a background area of approximately 130 s.f.. The City's draft sign ordinance proposes project center signs in the L -O zone be allowed a maximum background area of 80 s.f.. Staff recommends this size restriction be placed as a condition on this project and the sign area be reduced to 80 s.f.. No location for the sign was called out on the Site/Landscape Plan. Applicant shall designate sign location for review and approval by the Commission. All signage is subject to design review and separate application to the City. 3. Staff strongly encourages the Association's Architectural Review Committee to establish a coordinated sign program for all signs within the complex so materials complement building architecture style and create a unified, consistent theme. All signage is subject to design review and separate application to the City. 4. The maximum allowed building coverage in the L -O zone is 50% per lot. A couple of the proposed building pads appear close to this maximum. The Applicant shall provide coverage calculations for all lots to demonstrate compliance with this ordinance. Staff AZ -99-072 and CUP -99.040 Carol Office Compkx.AZCUPYRdoc Mayor, Council and P&Z April 6, 2000 Page 8 understand these building envelope sizes may vary depending on future lot owners, but the general location, maximum size and orientation for each lot must be approved with this application. 5. The building pads shown on each lot do not reflect building orientation. While the proposed elevations are similar for the front and rear, Applicant should designate intended building orientations for Lot 1 and Lot 2, Block 1 (i.e. Eagle Rd. or the cul-de- sac). 6. Coordinate the location and sizing requirements of screened trash enclosures with Sanitary Service Company. Provide a letter of approval from Sanitary Service Company prior to applying for building permits. 7. Provide a letter of approval from Ada County Highway District prior to applying for any building permits that approves of the location of all curb cuts. Letter of approval shall include recorded warranty deed or recorded plat for all necessary roadway dedications. 8. No details of hours of operation are provided. The office uses/hours shall be harmonious with the residential homes to the north and east. 9. The minimum parking stall dimensions (as required by Ordinance 11-13-4.F.) are not met on a majority of the stalls shown on Sheet L1. The majority meet the minimum 9 -foot width but do not meet the minimum 19 -foot length. As part of a PUD, Staff can support reducing the length to 17 feet where a two foot overhang is available. This will depend, in part, on the berm ratio. However, we recommend 18 feet minimum where stalls abut sidewalks. The main problem lies with the proposed compact stalls on the eastern most boundary. Ordinance 11-13-4.G. allows Applicant's to petition the Commission for compact spaces, but only at a minimum size of 7 '/2' width and 15' length. These stalls are shown at 13' length. Extending these stalls by two feet will reduce the drive aisle width from 25' to 23'. Staff could support a 24' aisle, but not a 23' aisle. Additionally, Staff recommend the compact stalls be dispersed evenly throughout the complex and not in a single row. At least 70% of the stalls in this row should be standard size. The applicant should address all of these parking dimension concerns. 10. No total off-street parking counts were provided as part of the application. This must be provided prior to the P&Z Commission hearing. Staff counted a total of 333 stalls serving all eight (8) building lots, or an average of 42 stalls per building. The ordinance requires 1 stall per 400 sq. ft. of gross floor area for professional office uses. The 333 stalls would serve approximately 133,000 sq. ft. of office space. The proposed building pads (single story) are dimensioned at approximately 73,000 sq. ft. Since individual CUP applications are not being required for each future building, all off-street parking requirements must be met on each lot. The plan appears to meet the minimum as is, but once the changes required in #9 above are made, it will impact the total number. 11. All ADA requirements must be met for each building. Carol Office Complex.AZ.CUP PP.doc AZ -99072 and CUP -99040 Mayor, Council and P&Z April 6, 2000 Page 9 12. The parking row against the east boundary shows fifty-five (55) stalls in a single row. This is a large expanse of asphalt without any visual/softening break. Staff recommends at least two (2) landscape islands/bump-outs with dimensions equivalent to a single stall be provided within this row. 13. Staff recommends the inclusion of bicycle racks at each office building. 14. One, three inch (3") caliper tree is required per 1,500 s.f of asphalt area on the site (excluding rights-of-way). A total of 115 trees are currently shown for the perimeter landscaping. This appears to meet the ordinance. However, in order to ensure compliance with this requirement, Applicant shall submit a calculation of the total amount of proposed asphalt area. 15. Detailed landscape plans, including berm height, species, groundcovers, shrubs and irrigation details must be submitted with each future building's Certificate of Zoning Compliance/Building Permit application. 16. If possible, please reply in writing to all comments contained in this memorandum by noon on April 10, 2000. RELEVANT COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project: The subject property is located in an area designated as Mixed/Planned Use Development in the Meridian Comprehensive Plan. It is within the Meridian Urban Service Planning Area. Economic Development Chapter Policies 1.2 and 1.3, 1.9 Land Use Chapter Policies 4AU, 4.8U, 5.8, 5.9, 5.11, 5.14U, 5.15U Community Design Chapter Policies 1.3, 1.4, 2.1U, 2.2U, 2.3U, 2.5U RECOMMENDATION Staff recommends approval of the Annexation, Preliminary Plat and C.U.P. applications with the above -stated conditions. Carol ice Compkx.AZCUP.PP.doc A7,99-022 and CUP -99-040 Mayor 101*1% HUB OF TREASM eo"IIN PZ, l q— (— DDLEGAL ROBERT D. CORRIE A Good Place DEPARTMENT City Council Members CITY OF M' }� ) �� �n �"/j/ 208) 288-2499 • Fax 288-2501 r "� � (ol g PUBLIC WORKS CHARLES ROUNTREE 33 EAST II BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, ID, (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax PLANNING AND ZONING Cit Clerk DEPARTMENT KEITH BIRD Y Fax (2OSj888=�FZia---- ----�— (208) 884-5533 • Faz 887-1297 MEMORANDUM: April 6, 2000 To: Planning & Zoning Commission/Mayor & City Council -RECEIVED From: Bruce Freckleton, Assistant to City EngineerQAW_1� APR 0 7 2000 Brad Hawkins -Clark, Planner eW- CITY OF MERIDIAN CITY CLERK OFFICE Re: - Request for a Annexation and Zoning of 6.68 Acres from R -T to L -O by Properties West, Inc. (J -U -B Engineers, Inc.) (File AZ -00-007) Preliminary Plat of 6.68 Acres and 8 Lots by Properties West, Inc. (J -U -B Engineers, Inc.) (File PP -00-007) Conditional Use Permit for an Office Complex in the Mixed/Planned Use Development Area Consisting of Eight Buildings by Properties West, Inc. (J - U -B Engineers, Inc.) (File CUP -00-020) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS BACKGROUND & SUMMARY On November 16, 1999, the Meridian City Council passed Resolution No. 263, amending the Comprehensive Plan Generalized Land Use Map for a twenty -acre parcel (a portion of which includes the subject site) from a Single Family Residential designation to Mixed/Planned Use Development. The same applicant (J -U -B Engineers, Inc.) and property owner (Properties West, Inc.) submitted that Comprehensive Plan Amendment application, with the intention to develop the acreage fronting on Eagle Road/SH 55 as an office park. A requirement in the 1993 Comprehensive Plan for development in Mixed/Planned Use areas is that all future development be approved only under the conditional use permit (CUP) process. [Correction — Note that the Applicant's CUP application and the City's transmittal incorrectly state the reason for the CUP is to request a rear setback reduction from 20 feet to 10 feet. While such setback reductions may be requested as part of a PUD application, the reason for the CUP is that the development site falls within the MIPU area of the Comprehensive Plan Map.] There are three separate applications covered in this report. The Annexation & Zoning application proposes to annex a 6.68 acre parcel (7.73 acres including Eagle right-of-way) and rezone the parcel from Rural Transitional (R -T) to Limited Office (L -O). The Preliminary Plat application proposes to subdivide the parcel into eight (8) lots and to create two new, public AZ -99-020 and CUP -99-037 Carol Office Complex.AZ.CUP.PP.doc Mayor, Council and P&Z April 6, 2000 Page 2 roads to serve this subdivision and the new River Valley Elementary School. The CUP application proposes eight new, detached office buildings -- one on each parcel. ACHD has prepared a draft report for the Preliminary Plat application. The ACHD Commission hearing is set for April 12, 2000 at 7:00 pm. Staff is recommending approval of the annexation, preliminary plat and conditional use applications with the proposed conditions. LOCATION & SURROUNDING PROPERTIES The property is generally located along the west side of Eagle Road/SH 55 at the half -mile section between Fairview Avenue and Ustick Road. Properties to the north of the subject parcel are part of Carol's Subdivision. There are three (3) established single-family residences on lots ranging from 0.7 to 0.9 acre lots abutting this site. These lots are separated from subject parcel by a combination of short, split rail and solid wood fences. Ada County average valuation of the lots immediately adjacent to this area is $212,635. East of the subject parcel are Eagle Road, scattered single family residential houses, and agricultural land. The property to the south is currently agricultural farmland. Southwest of the subject parcel is Packard Acres Subdivision. The 12 acres immediately west of the property is owned by Meridian School District. River Valley Elementary School is currently being constructed. ANNEXATION AND ZONING GENERAL COMMENTS The legal description stamped approved on 3-14-00 by Public Works Department is correct and places the parcel contiguous to existing city limits. 2. Staff agrees with the proposed L -O zone. The L -O zone is permitted and compatible with the Mixed/Planned Use comprehensive plan designation. It provides for appropriate, transitional uses between Eagle Road/SH 55 on the east and the school on the west. It will also potentially serve to lessen the impact of future development on the 72 -acre Kleiner property to the south, which has a commercial designation in the comprehensive plan. 3. Ordinance No. 11-7-2.G. cites the purpose of the L -O zone is to permit the establishment of groupings of professional, executive, administrative, accounting, clerical and similar uses and to act as a transitional use. The proposed application and zoning comply with this intent. 4. The subject lots can be adequately served by public facilities, and the proposed uses will allow for orderly expansion of the city limits. ,V -9v-022 ana CUP -"-No Carol office Compkx.AZCUP PP.doc Mayor, Council and P&Z April 6, 2000 Page 3 ANNEXATION SITE SPECIFIC REQUIREMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. Signage restrictions need to be included in the development agreement. 8. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. 10. A minimum 35 -foot landscape buffer is required along the east property boundary and a minimum 20 -foot landscape buffer is required along the north property boundary of site and shall be a condition in the Development Agreement. AZ -99-M and CUP -99-040 Carol Office Co pkx.AZ.CUP.PP.doc Mayor, Council and P&Z April 6, 2000 Page 4 11. Applicant shall be required to dedicate all right-of-way for the future east -west collector street and the north -south cul-de-sac as required by ACRD prior to the issuance of any building permits. 12. A Development Agreement shall be required as a condition of annexation. PRELIMINARY PLAT GENERAL COMMENTS (File PP -00-007) 1. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. No hydrants are currently shown on the preliminary plat. 3. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re -Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. PRLIMINARY PLAT REQUIREMENTS 1. Sanitary sewer service to this site will be via extensions from the newly installed main for the new River Valley Elementary School. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2. Water service to this site will be via extensions from newly installed main for the new River Valley Elementary School. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public works department with information on anticipated fire flow and domestic water requirements for the proposed site. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 3. Two -hundred -fifty -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Underground year-round pressurized irrigation must be provided to all landscape areas on site. Please submit hook-up and design details based on the proposed landscaping. Due AZ -99-022 and CUP -99.040 Carol Office Complex.AZCUP.PP.doc Mayor, Council and P&Z April 6, 2000 Page 5 to the size of landscaped area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 5. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 6. The proposed north -south cul-de-sac is 487 feet in length (centerline of east -west road to radius point of bulb). The maximum cul-de-sac length permitted by the Subdivision Ordinance is 450 feet (Ordinance 12-4-2.F). The Applicant must formally request a variance for the cul-de-sac length as part of the Planned Unit Development application. 7. A condition of approval placed on this site by the Fire Department in the approved Findings of Fact and Conclusions of Law for the Comprehensive Plan Amendment (see File No. CPA -99-001, para. 11, pg. 4) was that the future signalized intersection on Eagle Road/SH 55 will need to have Opticom traffic system installed by Properties West, Inc. 8. The Stokesberry Lateral easement is shown as 40 feet wide on the plat and 29 feet wide on the Site/Landscape Plan. Applicant should clarify the actual width and make any subsequent edits to the plans. If the 40 -foot width is correct, a letter of approval or license agreement must be obtained granting permission to plant in this easement. 9. A letter of approval or license agreement must be obtained from Idaho Power Co. granting permission to plant in their easement. If this easement is dedicated for overhead power lines, there may be a potential conflict with these trees at full maturity. 10. In their report for Carol Subdivision Preliminary Plat, ACHD did not reference cross access easements. Staff recommends cross access easements be entered into and recorded between Lots 1-4 and 5-8, Block 1. This recorded cross -access easement must be received at the time of building permit application. 11. Staff recommends the 35 -foot Eagle Road/SH 55 landscape setback, currently shown as an easement, be platted as a separate common lot within the subdivision. The draft Carol Office Complex.AZ.CUP.PP.doc AZ-99-0YL and CUP -99-040 Mayor, Council and P&Z April 6, 2000 Page 6 CC&Rs submitted with the application states each separate lot owner in the subdivision will be responsible for construction, installation and maintenance of landscaping on each building site. By placing responsibility for the Eagle Road/SH55 landscape buffer with a single entity (the Subdivision Owner's Association), greater consistency of design and maintenance can be achieved and planting materials will mature at similar rates. 12. Six -foot -high, permanent perimeter fencing shall be required on the northern boundary of the subdivision. Submit detailed fencing plans for review and approval with submittal of the Final Plat. All required fencing is to be in place prior to issuance of building permits. All fencing must comply with Ordinance 12-4-10.17. of the Subdivision & Development Ordinance. 13. All perimeter landscaping must be completed prior to issuance of Certificate of Occupancy for any building within the subdivision. 14. The Final Plat must be recorded prior to issuance of any building permits. CONDITIONAL USE COMMENTS As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 2. Staff believes the Site / Landscape Plan (Sheet L 1) is generally in accord with the intent and purpose of the Limited Office zone. The majority of the Comprehensive Plan policies cited below are met with this Plan. 3. Generally, the City has required all uses within Planned Developments that are not submitted at the time of the original application to submit separate CUP applications at the time of development. However, for this project, Staff agreed to accept an overall concept of Carol Professional Center and require all future buildings to substantially comply with the conditions placed on this application without being required to submit individual CUP applications. Staff have proposed specific conditions related to this below. The architectural conditions were taken from the draft CC&Rs and will be used to review all future buildings within this subdivision. If there are significant modifications to any of the pad designs/layouts as approved under this application, they would be required to submit new CUP applications. CONDITIONAL USE SITE SPECIFIC REQUIREMENTS Public Works Requirements: 1. Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. AZ -99-022 and CUP -99.040 Carol Office Complex.AZCUP.PP.doc Mayor, Council and P&Z April 6, 2000 Page 7 3. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 4. Per Uniform Plumbing Code requirements, each building shall be served by independent sewer and water services. 5. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 6. Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. Planning & Zoning Requirements: 1. The conditional use permit shall be subject to review upon ten days notice to the Applicant. The conditional use permit should become null and void if work does not commence within one year of approval and construction is not complete within two years from date of approval. The conditional use permit should be made transferable from one owner to a new owner or from tenant to tenant provided uses comply with Ordinance requirements and construction proceeds in accordance with the approved conditional use permit. 2. One monument sign is proposed for the site. An elevation was submitted with the CUP application. The sign has a background area of approximately 130 s.f.. The City's draft sign ordinance proposes project center signs in the L -O zone be allowed a maximum background area of 80 s.f.. Staff recommends this size restriction be placed as a condition on this project and the sign area be reduced to 80 s.f.. No location for the sign was called out on the Site/Landscape Plan. Applicant shall designate sign location for review and approval by the Commission. All signage is subject to design review and separate application to the City. 3. Staff strongly encourages the Association's Architectural Review Committee to establish a coordinated sign program for all signs within the complex so materials complement building architecture style and create a unified, consistent theme. All signage is subject to design review and separate application to the City. 4. The maximum allowed building coverage in the L -O zone is 50% per lot. A couple of the proposed building pads appear close to this maximum. The Applicant shall provide coverage calculations for all lots to demonstrate compliance with this ordinance. Staff AZ -99-022 mid CUP -99-040 Carol Office Complex.AZCUP PP.doc Mayor, Council and P&Z April 6, 2000 Page 8 understand these building envelope sizes may vary depending on future lot owners, but the general location, maximum size and orientation for each lot must be approved with this application. 5. The building pads shown on each lot do not reflect building orientation. While the proposed elevations are similar for the front and rear, Applicant should designate intended building orientations for Lot 1 and Lot 2, Block 1 (i.e. Eagle Rd. or the cul-de- sac). 6. Coordinate the location and sizing requirements of screened trash enclosures with Sanitary Service Company. Provide a letter of approval from Sanitary Service Company prior to applying for building permits. 7. Provide a letter of approval from Ada County Highway District prior to applying for any building permits that approves of the location of all curb cuts. Letter of approval shall include recorded warranty deed or recorded plat for all necessary roadway dedications. 8. No details of hours of operation are provided. The office uses/hours shall be harmonious with the residential homes to the north and east. 9. The minimum parking stall dimensions (as required by Ordinance 11-13-4.F.) are not met on a majority of the stalls shown on Sheet Ll. The majority meet the minimum 9 -foot width but do not meet the minimum 19 -foot length. As part of a PUD, Staff can support reducing the length to 17 feet where a two foot overhang is available. This will depend, in part, on the berm ratio. However, we recommend 18 feet minimum where stalls abut sidewalks. The main problem lies with the proposed compact stalls on the eastern most boundary. Ordinance 11-13-4.G. allows Applicant's to petition the Commission for compact spaces, but only at a minimum size of 7 1/2' width and 15' length. These stalls are shown at 13' length. Extending these stalls by two feet will reduce the drive aisle width from 25' to 23'. Staff could support a 24' aisle, but not a 23' aisle. Additionally, Staff recommend the compact stalls be dispersed evenly throughout the complex and not in a single row. At least 70% of the stalls in this row should be standard size. The applicant should address all of these parking dimension concerns. 10. No total off-street parking counts were provided as part of the application. This must be provided prior to the P&Z Commission hearing. Staff counted a total of 333 stalls serving all eight (8) building lots, or an average of 42 stalls per building. The ordinance requires 1 stall per 400 sq. ft. of gross floor area for professional office uses. The 333 stalls would serve approximately 133,000 sq. ft. of office space. The proposed building pads (single story) are dimensioned at approximately 73,000 sq. ft. Since individual CUP applications are not being required for each future building, all off-street parking requirements must be met on each lot. The plan appears to meet the minimum as is, but once the changes required in #9 above are made, it will impact the total number. 11. All ADA requirements must be met for each building. AZ -99-022 and CUP -99-040 Carol Office Complex.AZ.CUP.PP.doc i-► ,Mayor, Council and P&Z April 6, 2000 Page 9 12. The parking row against the east boundary shows fifty-five (55) stalls in a single row. This is a large expanse of asphalt without any visual/softening break. Staff recommends at least two (2) landscape islands/bump-outs with dimensions equivalent to a single stall be provided within this row. 13. Staff recommends the inclusion of bicycle racks at each office building. 14. One, three inch (3") caliper tree is required per 1,500 s.f of asphalt area on the site (excluding rights-of-way). A total of 115 trees are currently shown for the perimeter landscaping. This appears to meet the ordinance. However, in order to ensure compliance with this requirement, Applicant shall submit a calculation of the total amount of proposed asphalt area. 15. Detailed landscape plans, including berm height, species, groundcovers, shrubs and irrigation details must be submitted with each future building's Certificate of Zoning Compliance/Building Permit application. 16. If possible, please reply in writing to all comments contained in this memorandum by noon on April 10, 2000. RELEVANT COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project: The subject property is located in an area designated as Mixed/Planned Use Development in the Meridian Comprehensive Plan. It is within the Meridian Urban Service Planning Area. Economic Development Chapter Policies 1.2 and 1.3, 1.9 Land Use Chapter Policies 4AU, 4.8U, 5.8, 5.9, 5.11, 5.14U, 5.15U Community Design Chapter Policies 1.3, 1.4, 2.IU, 2.2U, 2.3U, 2.5U RECOMMENDATION Staff recommends approval of the Annexation, Preliminary Plat and C.U.P. applications with the above -stated conditions. AZ -99-072 and CUP -99-040 Carol Office Complex -AZ CUPPP.doc HP LaserJet 3100 ScND CONFIRMATION REPORT for Printer/Fax/Copier/Scanner City of Meridian 2088886854 Apr -6-00 3:06PM Job Start Time Usage Phone Number or ID Type Pages Mode Status 590 4/ 6 3:01PM 5'06" 208 323 9336 Send .............. 10/10 EC 96 Completed............ .................... Total 5306" Pages Sent: 10 rages rriniea: u CITY OF MERIDIAN Planning & Z0111119 T. Nncy7wAar 1'Ywr SaryoDwr !.e 323,CYfEi OY. 4iM Pftw„ P� 10 pndudYp mi.) 11. Card war. CsnW-nz, PP, CUP CC, edre��.�a O IM�wM w rM nwww on. C..w.r ❑ nr.. MW O Nw" MOWM CENTRAL CEN IFRAL DISTRICT HEALTH DEPAM-MENT cc, DIS TRICT Environmental Health Division Return to: HEALTH ❑ Boise DEPARTMENT ❑Eagle ❑ Garden City Rezone #�� ( ,.Meridian Conditional Use # ❑ Kuna Preliminary / Final / Short Plat ❑ ACZ I. We have No Objections to this Proposal. MAR 2 9 2000 ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑ 14. Date: 3 P- / �o Reviewed By: Review Sheet CDHD 10/91 rcb, rev. 7/97 20*30dd bbLab8eeoE 60:LZ 00, LZ ddW MAYOR Robert D. Corric CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy dcWcerd Cheric McCandless NUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4133 - Fax (208) 837-4313 City C1crk Office Fax (208) SSS -4218 LEGAL DEPARTML'NT (203) 23S-2,199 - Fax 2x8-2501 PUBLIC WORKS BUILDING DCPAL'TMENT (208) $87-2211 - F;ix 337.1:97 PLANNING AND ZONING DEPARTMENT (208) 834-5533 - Fax 338.6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24 2000 TRANSMITTAL DATE: March 15, 2000 HEARING DATE: April 11, 2000 FILE NUMBER: AZ -00-007 REQUEST: ANNEXATION AND ZONING OF 6,68 ACRES FOR PROPOSED CAROL ,PROFESSIONAL CENTER BY.- J -U -B ENGINEERS, INC. LOCATION OF PROPERTY OR PROJECT: WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW AND USTICK ROAD SALLY NORTON, P/Z MERIDIAN SCHOOL DISTRICT KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C ^—TAMMY de WEERD, CIC ')NATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER _70E MAR 2 8 2000 CHLY OF ME.IDLkN MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24, 2000 TRANSMITTAL DATE: March 15, 2000 HEARING DATE: April 11, 2000 FILE NUMBER AZ -00-007 REQUEST: ANNEXATION AND ZONING OF 6.68 ACRES FOR PROPOSED CAROL .PROFESSIONAL CENTER BY: J -U -B ENGINEERS, INC. LOCATION OF PROPERTY OR PROJECT: WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW AND USTICK ROAD SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C _TAMMY de WEERD, CIC _WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT --,FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) YOUR CON¢IIS�)EMARKS: a^ KUB OF TREASURE VALLEY MAYOR A Good Place to LiveLEGAL DEPARTMENT Robert D. Corrie (208) 288-2499 - Fax 288-2501 CITY OF MERIDIAN WORKS CITY COUNCIL MEMBERS PUBLIC Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 - Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (_' 08) 8845533 - Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24, 2000 TRANSMITTAL DATE: March 15, 2000 HEARING DATE: April 11, 2000 FILE NUMBER AZ -00-007 REQUEST: ANNEXATION AND ZONING OF 6.68 ACRES FOR PROPOSED CAROL .PROFESSIONAL CENTER BY: J -U -B ENGINEERS, INC. LOCATION OF PROPERTY OR PROJECT: WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW AND USTICK ROAD SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C _TAMMY de WEERD, CIC _WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT --,FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) YOUR CON¢IIS�)EMARKS: TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24, 2000 TRANSMITTAL DATE: March 15, 2000 HEARING DATE: April 11, 2000 FILE NUMBER: AZ -00-007 REQUEST: ANNEXATION AND ZONING OF 6.68 ACRES FOR PROPOSED CAROL .PROFESSIONAL CENTER BY: J -U -B ENGINEERS INC. LOCATION OF PROPERTY OR PROJECT: WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW AND USTICK ROAD SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C _TAMMY de WEERD, C/C _WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE �5UILDING DEPARTMENT ✓ FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) YOUR CONCISE REMARKS: 3-, -2 C) 0 W, 4L (_ fv v o4j ,—•. HUB OF TREASURE VALLEY "' MAYOR LEGAL DEPARTMENT A Good Place to Live (208) 288-2499 • Fax 288-2501 Robert D. Corrie CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4133 • Fax (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless (208) 884-5533 •Fax 888-685.1 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24, 2000 TRANSMITTAL DATE: March 15, 2000 HEARING DATE: April 11, 2000 FILE NUMBER: AZ -00-007 REQUEST: ANNEXATION AND ZONING OF 6.68 ACRES FOR PROPOSED CAROL .PROFESSIONAL CENTER BY: J -U -B ENGINEERS INC. LOCATION OF PROPERTY OR PROJECT: WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW AND USTICK ROAD SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C _TAMMY de WEERD, C/C _WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE �5UILDING DEPARTMENT ✓ FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) YOUR CONCISE REMARKS: 3-, -2 C) 0 W, 4L (_ fv v o4j / MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY .. A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO NIERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 24 2000 TRANSMITTAL DATE: March 15. 2000 _HEARING DATE: April 11 2000 FILE NUMBER: AZ -00-007 REQUEST: ANNEXATION AND ZONING OF 6.68 ACRES FOR PROPOSED CAROL .PROFESSIONAL CENTER BY: J -U -B ENGINEERS INC. LOCATION OF PROPERTY OR PROJECT: WEST SIDE OF EAGLE ROAD BETWEEN FAIRVIEW AND USTICK ROAD SALLY NORTON, P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z _RICHARD HATCHER, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER CITY PLANNER MAR 22 20001 CITE.' OF MEI M MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) YOUR CONCISE REMARKS: RECEIVED MAR 17 2000 Meridian City Water SuperiRten&-Rt