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ApplicationCit y Clerk’s Office ▪ 33 E. Broadway Avenue, Meridian, ID 83642 ▪ P: 208-888-4433 E:cityclerk@meridiancity.org ▪ www.meridiancity.org TRANMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendation will be considered by the Meridian Planning and Zoning Commission/City Council, Please submit your comments and recommendations to cityclerk@meridiancity.org, attention C.Jay Coles, City Clerk by March 1, 2019 Transmittal Date: February 8, 2019 Hearing Date: March 5, 2019 Project Name & File Number: Eagle Commons H-2019-0016 MDA Applicant: James A. Kissler, LLC Property Location: North of E. Overland Road and E. of S. Eagle Road Application Request: Modification to the Development Agreement for Eagle Commons at Overland to update the development plan and associated provisions. City Council / Planning and Zoning Commission Valley Transit Mayor Idaho DEQ Sanitary Services West Ada School District Building Department & Community Development Meridian Post Office Fire Department Ada County Highway District Police Department Ada County Development Services City Attorney Central District Health City Public Works Compass City Planner Nampa Meridian Irrigation District Parks Departments Settlers Irrigation District Economic Development Idaho Power, Intermountain Gas, Century Link Historic Preservation Commission Idaho Transportation Department New York Irrigation District South or RR/SW Meridian Boise Project Board of Control NW Pipeline Boise-Kuna Irrigation District Ada County Associate Land Records Downtown Projects Meridian Development Corporation Hearing Date: March 5, 2019 File No.: H-2019-0016 Project Name: Eagle Commons Request: Modification to the Development Agreement for Eagle Commons at Overland to update the development plan and associated provisions , by James A. Kissler, LLC . Location: The site is generally located north of E. Overland Rd. and east of S. Eagle Rd., in the SW ¼ of Section 16, Township 3N., Range 1E. C��fIEND I STAFF USE ONLY: de Project name: File number(s): ibA —6 Planning Division DEVELOPMENT REVIEW APPLICATION Assigned Planner: �owya ( Related files: Type of Review Requested (check all that apply) ❑ Accessory Use (check only 1) ❑ Final Plat Modification ❑ Daycare JAN 2 9 20 ❑ Home Occupation ❑ Preliminary Plat ❑ Accessory Use (check only 1) ❑ Final Plat Modification ❑ Daycare ❑ Landscape Plan Modification ❑ Home Occupation ❑ Preliminary Plat ❑ Home Occupation/Instruction for 7 or more ❑ Private Street ❑ Administrative Design Review ❑ Property Boundary Adjustment ❑ Alternative Compliance ❑ Rezone ❑ Annexation and Zoning ❑ Short Plat ❑ Certificate of Zoning Compliance ❑ Time Extension (check only 1) ❑ City Council Review ❑ Director ❑ Comprehensive Plan Map Amendment ❑ Commission ❑ Comprehensive Plan Text Amendment ❑ UDC Text Amendment ❑ Conditional Use Permit ❑ Vacation (check only 1) ❑ Conditional Use Modification (check only 1) ❑ Director ❑ Director ❑ Commission ❑ Commission ❑ Variance IN Development Agreement Modification ❑ Other ❑ Final Plat Applicant Information Applicant name: ,JP•MC— 5 A • I Applicant address: City: lc,( S rzr— Phone: A () Email: State: `-� Zip: & 3) % `7 Applicant's interest in property: 19 Own ❑ Rent ❑ Optioned ❑ Other Owner name: �pg)j6 - /q , . L.LC- Phone: Owner address: A-in1i - &-'A i) Email: " city: f 5 State: �+-1+F�U Zip: 9-3 70 Agent/Contact name (e.g., architect, engineer, developer, representative): -,J r--F—� H i143 ��2 Firm name: 1. �\I i L�l!5 i� 2U� �z�)�1(�= Y� �u1 P l d)1? Phone:C1�S Agent address: 5gs Imo- Fc4wr, 2 Ui ST Email: City: State: ISS State: wif -) Zip: F'3'704 Primary'contact is: ❑ Applicant ❑ Owner © Agent/Contact Subject Property Information Location/street address: Township, range, section: Assessor's parcel number(s): cJ� �'1T�� Total acreage: (1, 3,5 Zoning district: C G F-(P0I92'Z 0Z10 Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridianci�.or�nlannin -1 Rev: (2/2/2018) Project/subdivision name: 1C -#k6 lLQ: General description of proposed project/request: Proposed zoning district(s): P/Pr- Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential K Office 9 Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? P/P1 Which irrigation district does this property lie within? 0)it Primary irrigation source: 4/ft- Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: 4 or more bedrooms: Minimum square footage of structure (excl. garage): Maximum building height: - Minimum property size (s.f): Average property size (s.f.): Gross density (Per UDC 11-1A-1): Net density (Per UDC 11-1A-1): Acreage of qualified open space: Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Amenities provided with this development (if applicable): _ Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Single-family Attached ❑ Townhouse ❑ Other Non-residential Project Summary (if applicable) Number of building lots: Common lots: Other lots: Gross floor area proposed: Hours of operation (days and hours): Total number of parking spaces provided: Authorization Print applicant name: Applicant signature:. Existing (if applicable): Building height: Number of compact spaces provided: Date: Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.orc/planning -2- Rev: (2/8/2018) 1; 44TOPO In �m�A�N,ig�9 a moSgo-Nw. HHHHUH Ell 95 OHM mob !W CO gig l7 M O 0 0 o i2. O 0 o c rn o C4 f% W Q �• N (D 7 O .1 n ? CO) b o C a o o yp CD _?' w M .N.w l0'J 17 W �c -CD Q: 70 .i •� x a "a >v >v ro�� MM CO cow 'a ff m oaf c.j mCRD y cv °ce a CD C O i. a N^ c N a sm a '<_'CL C d D _� �• � � W D1 C b 1CL O C O CD W CD 0 l o S. Eagle Rd. s33 r. z c A �E s to >v In �m�A�N,ig�9 a moSgo-Nw. HHHHUH Ell 95 OHM mob !W CO gig l7 M O 0 0 o i2. O 0 o c rn o C4 f% W Q �• N (D 7 O .1 n ? CO) b o C a o o yp CD _?' w M .N.w l0'J 17 W �c -CD Q: 70 .i •� x a "a >v >v ro�� MM CO cow 'a ff m oaf c.j mCRD y cv °ce a CD C O i. a N^ c N a sm a '<_'CL C d D _� �• � � W D1 C b 1CL O C O CD W CD 0 I! - F � O ti Col NEW;, In �m�A�N,ig�9 a moSgo-Nw. HHHHUH Ell 95 OHM mob !W CO gig l7 M O 0 0 o i2. O 0 o c rn o C4 f% W Q �• N (D 7 O .1 n ? CO) b o C a o o yp CD _?' w M .N.w l0'J 17 W �c -CD Q: 70 .i •� x a "a >v >v ro�� MM CO cow 'a ff m oaf c.j mCRD y cv °ce a CD C O i. a N^ c N a sm a '<_'CL C d D _� �• � � W D1 C b 1CL O C O CD W CD 0 ti Col NEW;, s33 r. z c A to - b c I1b I\ i o � Z 0 0 SN In �m�A�N,ig�9 a moSgo-Nw. HHHHUH Ell 95 OHM mob !W CO gig l7 M O 0 0 o i2. O 0 o c rn o C4 f% W Q �• N (D 7 O .1 n ? CO) b o C a o o yp CD _?' w M .N.w l0'J 17 W �c -CD Q: 70 .i •� x a "a >v >v ro�� MM CO cow 'a ff m oaf c.j mCRD y cv °ce a CD C O i. a N^ c N a sm a '<_'CL C d D _� �• � � W D1 C b 1CL O C O CD W CD 0 NEW;, In �m�A�N,ig�9 a moSgo-Nw. HHHHUH Ell 95 OHM mob !W CO gig l7 M O 0 0 o i2. O 0 o c rn o C4 f% W Q �• N (D 7 O .1 n ? CO) b o C a o o yp CD _?' w M .N.w l0'J 17 W �c -CD Q: 70 .i •� x a "a >v >v ro�� MM CO cow 'a ff m oaf c.j mCRD y cv °ce a CD C O i. a N^ c N a sm a '<_'CL C d D _� �• � � W D1 C b 1CL O C O CD W CD 0 W L WHITE-LEASURE DEVELOPMENT COMPANY January 16, 2019 Meridian City Council 33 E Broadway Ave Meridian, ID 83642 Re: Development Agreement Modification — Oxygen Subdivisions # 1, 2, & 3 Dear Members of the Meridian City Council, I have had the opportunity to meet with the developer regarding the Modification to the Development Agreement for Oxygen Subdivisions # 1, 2, and 3 (James A. Kissler, LLC) property. After reviewing proposed future plans, it appears that to simplify the process it would be in everyone's interest to eliminate the Development Agreement altogether and let the current zoning dictate what can and cannot be built there. Since the extension of Silverstone Road has been completed, there are only two (2) items remaining that need to be completed that are associated with the development of these subdivisions: 1. The extension of the pathway along Five Mile Creek 2. Improvements to Racklzani Way These items would be completed upon development of the parcels adjacent to the pathway and Rackham Way. Thank you for your consideration for this request. 6AU�74�-L W1 Q /t (,Ilo 4�c N e 1-Z 7 1)- , SMYz Address £33£35 VU. En-ierald St • P.O. Box 1277 • Boise, Idaho 83701-1277 - Telephone (20£3) 345-1842 • FAX (208) 343-3143 VVWV!A1Vhite-1easu1e.c0m WLWHITE-LEASURE DEVELOPMENT COMPANY January 24, 2019 City of Meridian ATTN: Bill Parsons 33 E Broadway Ave # 102 Meridian, ID 83642 Re: Option #2 Development Agreement Modification — Eagle Commons at Overland Annexation Ordinance #719 (H- 2015-0024) Recorded 11/02/2016 Instrument #2016-106278 Dear Mr. Parsons: This letter shall serve as a request for a Development Agreement Modification for property commonly known as Eagle Commons at Overland. This parcel of land was originally submitted to the city of Meridian in 1995 as an annexation, Zoning and Conditional Use Application for a 700,000 sq. ft. retail project. The file numbers were MCU-7-95\MRZ-2-95. The Findings of Facts and Conclusions of Law were issued by the Meridian City Council on November 8, 1995 and Ordinance #719 was recorded as Instrument Number 95095790. In the Findings of Facts and Conclusions of Law the City required the Developer to enter into a Development Agreement. The Findings were approved by City Council and the Annexation and Zoning were completed. The Development Agreement was last modified on November 2, 2016 and was recorded as Instrument Number 2016-106278 (see attached Exhibit Q. The applicant is requesting that the current conceptual site plan (Exhibit A) depicting an 86,000 sq. ft. 2 -story office/ retail building, a 85,000 to 95,000 sq. ft. single story commercial/ retail store, and single pad site on the west boundary of the property be deleted in its entirety and be replaced with the attached Exhibit B depicting an 85,000 sq. ft. office/ retail building, two multi story hotels, a self -storage facility, and a pad on the west boundary of the property. It should be noted that none of the proposed uses abut residential districts; therefore, the applicant is requesting that the hours of operation for all of the proposed uses be modified to twenty-four (24) hours per day, seven (7) days per week. Additionally, the applicant is requesting that Section 5.a of the Development Agreement be revised to delete the words "substantial compliance" and replace them with "general compliance" as the new site plan is conceptual in nature and is subject to change. 6335 kN. L�noralri Si • P.O. Box 12T/ • Doi:;e, IdaI io 8,31701-U-0 • l ckl pitono (203) 3!�5-184-2 • FAX (208) 343-3'i43 vnrgw,%1,11)ite- leasure.conl Please do not hesitate to contact me if you have any questions. Sincerely, Jeffery C. Huber Vice President 0-0 a6? Exhibit A _ -- ---- 111 :: �...1....=.I..� :w ....I.. .� WFUTE LEASURE DEVELOPMENT COMPANY 8385 W. Emerald St. Boise, Idaho 83704 Phone: (208) 345-1842 Fax: (208) 343-3143 www. Whi le -Le asurexom Eagle Commons @ Overland Meridian, ID Dec. 11, 2015 Eagle Road i PH S. Racltharq Way o 111 :: �...1....=.I..� :w ....I.. .� WFUTE LEASURE DEVELOPMENT COMPANY 8385 W. Emerald St. Boise, Idaho 83704 Phone: (208) 345-1842 Fax: (208) 343-3143 www. Whi le -Le asurexom Eagle Commons @ Overland Meridian, ID Dec. 11, 2015 Exhibit B Eagle Road o m (DD _ < (D (n — ma S. Racldtam Way jU,ta _ Retail, Hotel, or Restaurants Sul -I ---•- - - - - -- --- 8 - WHITE LEASURE DEVELOPMENT COMPANY 8385 W. Emerald St. Boise, Idaho 83704 Eagle Commons at Overland Phone: (208) 345-1842 Meridian ID Fax: (208) 343-3143 www.White-Leasure.com Jan. 9, 2019 Exhibit C ADA COUNTY RECORDER Christopher D. Rich 2016-106278 BOISE IDAHO Pgs=34 CHE FOWLER 11/02/2016 12:37 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT –,— Blank PARTIES: 1. City of Meridian 2. James A. Kissler, LLC, THIS DEVELOPMENTk EMENT (this Agreement), is made and entered into this day o , by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and James L issler, LLC, whose address is 1125 W, Amity Road, Boise, Idaho 83705, hereinafter called O\ EVELOPER. 1. RECITALS: A. 1.1 WHEREAS, Owner/Developer 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, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/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 Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the Modification of a Development Agreement that was required as a provision of annexation of the property in 1995 (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and DEVELOPMEW AGREEMENT— EAGLE COMMONS AT OVERLAND MDA H-2015-0024 PAGP, I OF 10 subsequently before the City Council, includes responses of governnnent subdivisions providing services within the City of Meridian planning jurisdiction, and includes fintiner testimony and comment; and 1.7 WHEREAS, on the 26a' day of January, 2016, the Meridian City Council approved certain Findings of Fact and Conclusions ofLaw and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer 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 request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the 1.11 WHEREAS, subsequent use of the Property is in accordance with the terms and conditions Owner / Developer of this Agreement, herein being established as a result of evidence received now desires to modify the development by the City in the proceedings for zoning designation from government agreement to allow for subdivisions providing services within the planning jurisdiction and from p� g p g uses not described in affected property owners and to ensure zoning designation are in accordance the original with the amended Comprehensive Plan of the City of Meridian on April 19, development 2011, Resolution No. 11-784, and the UDC, Title 11. agreement. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RE, CITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in Rill, 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 Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to James A. Kissler, LLC, whose address is 1125 W. Amity Road, Boise, Idaho 83705, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. DEVF.LOPrvIEN'r AGREEMENT- EAGLE COMMONS A1' OVERLAND MDA H-2015-0024 PAGE 2 OF 10 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" and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: City Staff to Attach new site plan a. The subject property shall develo, n . compliance with the conceptual development plan included in Exhibit A.4 o t Staff Report attached as a portion of the Findings of Fact and Conclusions of Law (E ibit "B") and the provisions in this agreement. general (plan is conceptual) b. A 35 -foot wide street buffer is required to be constructed along the frontage of the site along E. Overland Road, an entryway corridor; a -10 -foot wide street buffer is required along the Riture local commercial street (Silverstone Way) and a 10 -foot wide sheet buffer is required to be constructed along S, Racl6am Way, a local street, per UDC Table 11-2B- 3 and shall be landscaped in accord with the standards listed in UDC 11-313-7C. If Rackhain Wary is vacated in the future, a street buffer is not required. c. A 25 -foot wide landscape buffer shall be provided along.the east boundary of the site abutting the residential uses in Jewell Subdivision, per UDC Table 11-213-3 and shall be landscaped in accord with the standards listed in UDC 11 -3B -9C, unless such width is otherwise modified by City Council at a public hearing with notice to surrounding property owners per UDC 11 -3B -9C.2. d. A 10 -foot wide multi -use pathway shall be constructed along the north side ofthe Fivemile Creel( from the west to the east boundary of the site as set forth in the Pathways Master Plan. A pathway connection to the south to E. Overland Road shall also beprovided along Silverstone Way to E. Overland Rd. This segment of the pathway, if constructed of concrete within the right-of-way, may be attached to the curb and will be maintained by ACRD. Landscaping is required to be installed on each side ofthe pathway along the creek in accord with the standards listed in UDC 11-313.12C. A public pedestrian easement is required to be submitted to the City, approved by City Council and recorded for the multi- use pathway along the creek with the first phase of development. DEVELOPMENT AGREEMENT— EAGLE COMMONS AT OVERLAND ANDA H-2015-0024 PAGE 3 OF 10 e. All pathways through common areas that are not visible from a public street shall be illuminated with a 4 -foot tali bollard style or other appropriate lighting source, unless otherwise waived by the Director, per UDC 11 -3A -8H. f. Minimum five-foot wide pedestrian wallmays shall be provided internally within the site fi•om the multi -use pathway connecting to the sidewalk along E. Overland Road to the building entrances with each phase of development as set forth in UDC 11-3A-19A.4a. g. The Fivemile Creek shall remain open as a natural amenity and shall not be piped or otherwise covered and shall be protected during construction. Fencing along the waterway shall notprevent access to the waterway, unless Council deems fencing should be required in the interest of public safety in accord with UDC 11 -3A -6B. h. Prior to issuance of any permits for the development of the second phase (depicted on the concept plan as Lot 1, Major A), the applicant shall subdivide the property and comply with ACRD requirements for the extension of Silverstone Way. i. A cross-access/ingress-egress easement shall be provided to the property to the cast (Zamzow's, parcel #R4626240051, where the driveway stub is currently located) or, right- of-way for Silverstone Way may be dedicated where the driveway stub is located. Either an access easement shall be recorded and a copy submitted to the City; or, right-of-way shall be dedicated prior to issuance of Certificate of Occupancy for Norco. j. All future structures on the site and the layout of the site shall comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Meridian Design Manual (or any updated versions thereof): k. A gate that meets the Fire Department's requirements shall be installed across the emergency access driveways via S. Raeldiam Way to prevent access by the public until the portion of the site depicted on the concept plan as Lot 3 develops. Once said portion is developed one (preferably the southern access) of the emergency accesses shall be converted to a public street access. 1. Business hours of operation in the C -G zoning district are restricted to 6:00 am to 11.00 pm when adjacent to residential uses unless modified through a conditional use permit, per UDC 11 -2B -3A.4. discuss operating hours for hotels, restaurant, and storage in. Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the city and approved by the Floodplain Administrator, per MCC 10-6. n. All lighting proposed on the site shall comply with the standards listed in UDC 11-3A- 11 C. Light fixtures that have a maximum output of 1,800 lumens or more shall have an opaque top to prevent uplighting; the bulb shall not be visible and shall have a full cutoff shield; and shall be placed such that the effective zone of light (as documented by the photometric test report) shall not trespass on abutting residential properties. o. With the first phase of development (Norco, depicted on the concept plan as I.ot 2), the developer shall construct S. Silverstone Way north from E. Overland Road as a local commercial street with a mini num 40 feet of pavement with 3 foot gravel shoulders within a minimum 60 foot right-of-way for approximately 100 feet, then tapering to a minimum 30 feet of pavement with 3 foot gravel shoulders within a minimum 50 foot right-of-way to DEVFLOPVIGNT AGREEMENT—EAGLF: COMMONS AT OVERLAND MDA H-2015-0024 PACE 4 or 10 just north ofthe creek. These improvements shall be complete prior to issuance ofthe fust Certificate of Occupancy, p. The developer shall dedicate additional right-of-way along the west property boundary to widen S. Rackham Way to local street standards with Curb, gutter and sidewalk with subdivision of the property, unless S. Rackham Way is vacated. q. The developer shall construct a 6 -foot tall fence/wall along the east boundary of the site adjacent to residential uses with the first phase of development; a fence shall not be constructed in the floodway in accord with FEMA regulations. r. The applicant shall finalize the property boundary adjustment (PBA -14-008) for this property prior to issuance ofthe first building permit for this site. One building permit for Norco is allowed to be issued prior to subdivision of the property. s. A, street light plan will need to be included as part of the development plan submittal. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at htlp,//rvwwxneridiancitMY/public works.aspx?id=272 t. Applicant shall coordinate water and sewer main size and routing with the Public Worlcs Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. u. Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and tluough this development. The applicant may be eligible for reimbursement of costs associated with upsizing the sewer and water mains per MCC 8-6- 5. v. Water modeling will be required prior to development plan submittal to determine the timing of completing the water main loop through the property from the existing 10 -inch main stub at E. Overland Road and S. Silverstone Way to the existing 16 -inch main adjacent to S. Rackham Way. x. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (uiclude all water services and hydrants). The easement widths shall be 20 - feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (masked EX%llBIT B) for review. Both exhibits roust be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. DEVELOPMENT AGREEMENT --EAGLE COMMONS Ar OVERLAND MDA H-20150024 PAGE 5 or 10 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the teras and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that caimot with diligence be cured within such one hundred eighty (180) dayperiod, 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. 7.3 Remedies, In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification ofthis Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code § § 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a defaulthas occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, 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. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control ofthe 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. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. T)EVELOPMEN'r AGR$P,MRNT- EAGLE COMMONS AT OVOU AND MDA 11-2015-0024 PAGE 6 OF 10 S. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance orpolicy, notify the City Engineer and request the City Engineer's inspections andwritten approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT F40R, CORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Ownei/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -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'Propertycontemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10, ZONING: City shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed -under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the. City. 12. CERTIFICATE Or OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph l l above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14• 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: City Cleric City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: James A. Kissler, LLC 1125 W. Amity Road Boise, ID 83705 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 DEVELOPMENT AGREEMENT -- EAGLE COMMONS AT OVERLAND MDA H-2015-0024 PAGr 7 OF 10 14.1 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. 15. ATTORNEY FEES: Should any litigation be commenced betweentheparties 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. 16. TIME IS OF THE ESSENCE: The patties hereto acknowledge and agree that time is strictly ofthe 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. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the panties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in once. This Agreement shall be binding on the Owner/Developer, 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 benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has Rilly performed its obligations under this Agreement. 18, 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. 19. DUTY TO ACT REASONABLY: Unless otherwise expresslyprovided, each patty shall act reasonably in giving any consent, approval, or taking any other action underthis Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL, AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer 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 DEVUOPMENT AGREafENT - LAam COMMONS AT OVERLMD MDA H-20150024 PAGE 8 OF 10 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 re -zoning 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. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERIDEVELOPER: James A. Kissler, LLC By: In r A /eo' �'mo .�,�,(' •� IUDIAN E /OA4i0 \t- SEAL �� Mayor T� arfKy de Weer—d Clerk DEVELOPMENT AGREEMENT- EAGLE COMMONS AT OVERLAND MDA H-2015-0024 PAGE 9 or 10 STATE OF IDAHO ) SS: County of Ada, Onthis ? Zl day of._ � ' � 2016, , efore me,�te, undersigned, a Notary Public in and for said State, personally appeared ' , known or identified to me to be the (,f%% of James A. Kissler, LLC, and acknowledged to me that he executed the.salne on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. T, (S AL) KINDEL JO DE LEON Notary Public State of Idaho STATE OF IDAHO ) : ss County of Ada Vw 6" 111--e, Notary Public for Idal o Residing at; ' My Commission zres: ,, Exp>.%,� On tliis day of 1V6 Uel 2016, before me a Notary Public, personally appeared Tammy de Weerd and-3ayeee141olna 3 know or Identified to me to bet e 6,211 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary PublWc,r Idaho 00 0 C Residing at: ,� 4 Commission expires: 6 `q mom® DEVELOPMENT AGI2EEMLNT-EAGLE COMMONS A"L' OVERLAND MDA H-2015-0024 PACE 10 OF 10 NO Qu a d ra 17-1 Consulting, Inc. February 5, 2016 New Legal Description Required EXHIBIT A PARCELS A, C, AND D FROM RECORD OF SURVEY #9885 COMBINED LEGAL DESCRIPTION A parcel of land being all of parcels A, C, and D as shown on Record of Survey Number 9885, records of Ada County. Said parcel being situated in a portion of the SW '/ of the SW '/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Southwest corner of said Section 16, thence North 00°49'23" West 1326.95 feet along the West line of said Section 16 to the Northwest corner of said SW'/ of the SW'/, thence leaving said West line South 89°23'14" East 240.69 feet along the North line of said SW '/ of the SW to a point on the East Right -of -Way line of South Rackham Way, said point being the POINT OF BEGINNING, thence continuing along said North line South 89023'14" East 1098.71 feet to the Northeast corner of said SW'/4 of the SW'/, thence leaving said North line South 00031'36" East 1263.87 feet along the East line of said SW'/ of the SW'/ to a point on the North Right -of -Way line of East Overland Road, thence continuing along said North Right -of -Way line North 88°06'31" West 108.81 feet, thence South 46°53'29" West 15.32 feet, thence leaving said North Right -of -Way line North 00°31'36" West 295.73 feet, thence North 16°22'02" West 138.11 feet, thence North 80°47'54" West 122.87 feet, thence North 76°08'54" West 197.68 feet, thence North 61'22'54" West 184.44 feet, thence North 78°47'54" West 209.34 feet, thence South 73024'06"West 103.96 feet, thence North 83°56'54" West 102.65 feet, thence North 51°26'41" West 194.47 feet to a point on said East Right -of -Way line of South Rackham Way, thence North 08°45'07" East 562.46 feet along said East Right -of -Way line to the POINT OF BEGINNING. Said parcel contains 902,186 square feet or 20.712 acres more or less. NL LA °� ct N s M N 14878 4 X 08 FE13 16 1904 W. Overland Road - Boise, ID 83705 - Phono (208) 342-0091 - Fax (208) 342-0092 • Internet: www.guadrant.cc Civil Engineering - Surveying EXHIBIT B CITY OF MERIDIAN (� FINDINGS OF FACT, CONCLUSIONS OF LAW ,l a „j i - AND DECISION & ORDER I V) A t 10 In the Matter of the Request for a Modification to the Development Agreement Provisions Associated with Annexation Ordinance #719 (Langly Associates, Inc., I-84 Center), by Eagle Commons at Overland, LLC, Case No(s). II -2015-0024 For the City Council Hearing Date of: December 15, 2015 and January 15, 2016 (Findings on January 26, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 5, 2016, incorporated by reference) 2. Process .Facts (see attached Staff Report for the hearing date of January 5, 2016, incorporated by retcronce) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 5, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 5, 2016, incorporated by reference) D. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19,-2011, Resolution No. 11 -784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridiani City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Conununity Development Department, the Public Works Department and any affected party requesting notice, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0024 - I - 7. That this approval is subject to the Conditions of Approval all in tho attached Staff Report for the hearing trate of January 5, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City CounciI's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a modification to the development agreement is hereby approved per provisions in the Staff Report for the healing date of January 5, 2016, attached as Exhibit A, D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement modification shall be signed by the property owner(s) and returned to the City within two (2) years of the City Council granting the modification (UDC 11 -5B - 3F.2), E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a. Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after ilie date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of January 5, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0024 -2.. By action of the City Council at its regular meeting held on the �L day o - , 2016. COUNCIL PRESIDENT KEITH BIRD VOTED (I-� COUNCIL VICE PRESIDENT JOB BORTON VOTED___1 ,AV COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED. COUNCIL MEMBER TY PALMER VOTED VV0 COUNCIL MEMBER LUKE CAVENPR VOTED_j/� COUNCIL MEMBER GENESIS MILAM VOTED VV— MAYOR C —MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayon Taz de Weerd Attest; 1�L yor EI'tD AN In A Jaycee ftalman ' : " SEAL CityCleilc ltt,T,UO5\$k' Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By, C— A— Dated: 1 _ , City Cleric's 0 ice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). II -2015-0024 .3- EXHIBIT A STAFF REPORT C- �4f, �� HEARING DATE: January 5, 2016 (Continued fi-onz: Decenaher 15, 2015) TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: Eagle Commons at Overland -- MDA H-2015-0024 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Eagle Commons at Overland, LLC, requests approval of a modification to the development agreement (MDA) that was required as a provision of annexation of the property in 1995 to include a new conceptual development plan and specific provisions related to development of the site. See Sections V1. C and 1X. Analysis belowfor more information. 11, SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I trove to approve File Number H-2015-0024 as presented in the staff report for the hearing date of January 5, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2015-0024 as presented during the hearing on January 5, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2015-024 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located off the northeast corner of S. Eagle Road and E, Overland Road, in the southwest''/4 of Section 16, Township 3N., Range IE. B. Owner: James A. Kissler, LLC 1125 W. Amity Road Boise, ID 83705 C. Applicant: Jeff Huber, Eagle Commons at Overland, LLC 8385 W. Emerald Boise, ID 83704 Eagle Cotmnons at Overland — MDA H-2015-0024 EXHIBIT A D. Representative: Jeff Huber, White -Leasure Development Company 8385 W. Emerald Boise, ID 83704 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS PACTS A. The subject application is for a development agreement modification. A. public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 23 and December 7, 2015 C. Radius notices mailed to properties within 300 feet on: November 19, 2015 D. Applicant posted notice on site by: December 1, 2015 V1. LAND USE A. Existing Land Use(s): This property consists of rural residential/agricultural land that has not yet been developed, zoned C -G. B. Character of Surrounding Arca and Adjacent Land Use and Zoning: North: Vacant/agricultural land, zoned C -G West: S. Eagle Road/1-84, zoned C -G South: Undeveloped land and an ACRD park and ride lot, zoned C -G East: Residential properties in Jewell Subdivision, zoned R1 in Ada County; and commercial property (Zamzow's), zoned GG C. history of Previous Actions: In 1995, this property was annexed with a C -G zoning district as part of the development area for the I-84 Center, which consisted of 73.5 acres of land (Ord. #719; Langly Associates, Inc.). A development agreement (DA) was required as a provision of annexation to be entered into prior to the preliminary plat being approved and required all of the property to develop as a commercial planned development. A conditional use permit for a planned commercial development was also approved for a 700,0004-/- square foot retail center but has since expired. Note: There is additional land (52+1- acres) to the north that was part of there applications that is not part of the subject application. The applicant for the previously approved project chose not to proceed with development; therefore, the DA ivas never executed; however, the provisions of annexation still apply to development of the property. A property boundary adjustment (PBA -14-008) was tentatively approved on July 14, 2014; however, final approval was never obtained. A record of survey (#9885) was approved which adjusted the boundary of the site to include frontage on E. Overland Road, Ybe PBA must be finalized with the Planning Division prior to the issuance of a building permit for the Norco site (phase 1). VII. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The applicant proposes to modify the previously required provisions of the DA consistent with the development plan currently proposed for the southern 21.25 acre portion of the 73.5 acre annexation Eagle Commons at Overland — MDA H-2015-0024 EXHIBIT A area (see Exhibit A.3), The DA was required as a provision of annexation of the property but was never executed; development of the property as a whole is still tied to the provisions associated with the annexation. Note: When the properly to the north develops, the developer of that properly will also be regidred to enter into a DA; the provisions of this MDA do not apply to development of that property — the provisions associated with the annexation still apply, unless otherwise amended through a future development agreement modification. The previously approved conceptual development plan depicted a power center consisting of 700,000 square feet of commercial retail uses on this site and the 52+/- property to the north (see Exhibit. A.2), The DA provisions included in the Findings for the annexation of the property are included in Exhibit A.3. Because the project was approved 20 years ago, a lot of these provisions are now standard development requirements contained in the UDC and are unnecessary to include in a DA. Other provisions that may still be applicable are listed below with staff's analysis in italics. a. Prior to submittal of any plats, conditional use applications, or building plans, donate to the City of Meridian a 100' x 100' well site at the proposed site and meet all the criteria of the State of Idaho Department of Water Resources and the City of Meridian. Vie City Engineer has deemed the well lot is no longer necessmy to be provided. b, The property is required to be subdivided, a conditional use permit is required for all development on the property, and design review is required for all shiretures. Staff has verified that the subject three parcels are `original parcels of record " as defined by UDC 11 -IA-]; however, the properly boundary adjustment (PBA) that received tentative approval in 2014 needs to be finalized to reflect the current boundary of the site. With finalization of the PBA, sta fsupports the applicant's request to be allowed one bu.tilding permit to construct the building for Norco; prior to issuance of subsequent building permits, the property should be subdivided prior to issuance of a Certificate of Zoning Compliance. Design review is required per the standards listed in UDC 11-3A-19 and the guidelines in the Meridian Design Manual; it's not necessary to be included in the DA. SlcJrdoes not reconunend that a CUP is required for all uses, only those that require CUP approval in the C- G zoning district. STAFF'S ANALYSIS ON THE CONCEPTUAL DEVELOPMENT PLAN PROPOSED BY THE APPLICANT Is AS FOLLOWS: Conceptual Development Plan: The applicant proposes to develop the site in three (3) phases. The first phase will include the construction of a 2 -story 86,000-11- square foot store for Norco and associated parking and drive aisles. The ground floor will have a retail showroom for medical and industrial supplies with a warehouse and retail storage. The second floor will hoose a new billing office for the medical side of Norco. The second phase will include the construction of an 85,000 to 95,000 square foot single -stay commercial/retail store. The third phase will consist of single pad site (Lot 3) along the west boundary of the site; no specific users are identified atthis time but will consist of uses allowed in the C -G district per UDC Table 11-2B-2. Future Land Use Map (FLUM): The FLUM designation for this site is Mixed Use — Regional (MU - R). The purpose of the MU -R designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single -use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. Residential uses should comprise a minimum of 10% of the development area at densities ranging from 6 to 40 units/acre. Retail commercial uses should comprise a maximum of 50% of the development area. There is neither a minimum nor maximum imposed on non -retail commercial uses such as office, clean industry or entertainment uses (see pgs. 30-31, Comprehensive Plan for more information). Eagle Commons at Overland — MDA I1-2015-0024 EXHIBIT A The site is located near the northeast corner of S. Eagle Road and E. Overland Road, a major arterial intersection. The application states that the Norco store proposed with Phase 1 will employ approximately 200 people. The large retail store proposed in Phase 2 will likely provide a much needed service in this area; and the development of Lot 3 should add to the variety of commercial uses in the development. No residential uses are proposed. Because The Village shopping center further to the north at Eagle Road and Fairview Avenue has developed since this property was annexed, Staff feels the existing plan for a power center may no longer be feasible; therefore staff supports the proposed employment use associated with the Norco site and a large retail store with supporting uses on Lot 3; however, because this site is designated MU -R, residential uses should be included in the plan. Because this site is part of a larger area that is also in the MU -R designated area, and is subject to the same development agreement requirement, staff would encourage a residential component to be included with development of the property tothenorth to provide the mix of uses required in this area. Access: Access is proposed to be provided by a driveway via E. Overland Road at a partially signalized intersection (E. Overland RdJS. Silverstone Way). The submitted concept plan depicts a 30 -foot wide commercial driveway around the perimeter of the site which will provide temporary access to the Norco site and two (2) emergency accesses for the Fire Department are proposed at the west boundary of the site via S. Rackham Way and may be gated until such time as Lot 3 develops. Staff has consulted with ACHD on the transportation requirements associated with development of this site and based on their comments they are requesting the following from the developer when the property is platted: 1) A Traffic Impact Study (T1S); 2) The extension of S. Silverstone Way (with curb, gutter and sidewalk) as a collector street from E. Overland Road through the site to the north property boundary for future extension in accord with ACRD standards. This would allow both the Elk's and the Zamzow's properties access to the signalized intersection. Staff recommends the applicant deed the right-of-way of the collector road to ACHD prior to subdividing the property so the roadway can be constructed by the applicant with the first phase of development; 3) Rackham Way would need to be improved as a local street (with curb, gutter and sidewalk) in accord with ACHD standards. NOTE: At some point in the future, S. Rackham. May may re -align farther towards the east in accord with the development agreement in effect for the Overland Village annexation (AZ-08-001)(DA #109134179); and 4) Per an existing agreement, contribute fiends toward the cost of the existing signal at Overland and Silverstone. Further, Staff recommends right-of-way be expanded to the east property boundary to provide public street frontage to Parcel #R4626240075; this will allow for the development of a stub street in that location in the future if the property to the east redevelops commercially as anticipated. Landscaping: A 35 -foot wide street buffer is required along E. Overland Road, an entryway corridor and a 20 -foot wide street buffer will be required adjacent to the future collector road; and a 10 -foot wide street buffer is required along S. Rackham Way, a local sheet, per UDC Table 11-2B-3 in accord with the standards listed in UDC 11 -3B -7C. Typically, a 25 -foot wide landscape buffer to residential uses is required as proposed along the east boundary of the site per UDC Table 11-2B-3 in accord with the standards listed in UDC 11 -3B -9C. If a collector road is constructed along the east boundary, as desired by staff and ACHD, the applicant ivill only be required to construct a 20 foot wide landscape br ffer in accord ivith UDC Table 11-2B-3. Lighting: All lighting proposed on the site shall comply with the standards listed in UDC 11 -3A -11C. Light fixtures that have a maximum output of 1,800 lumens or more are required to have all opaque top Eagle Cointnons at Overland — MDA H-2015-0024 EXHIBIT A to prevent uplighting; the bulb should not be visible and should have a Rill cutoff shield; and should be placed such that the effective zone of light (as documented by the photometric test report) shall not trespass on abutting residential properties. Waterways: The Fivemile Creek runs east/west along the southern boundary and across the proposed driveway via E. Overland Road to the east boundary of this site. The creek shall remain open as a natural amenity and shall not be piped or otherwise covered and shall be protected during construction. Fencing along the waterway shall not prevent access to the waterway, unless Council deems fencing should be required in the interest of public safety in accord with UDC 11-3A-613. Pathways: A 10 -foot wide multi -use pathway is proposed along the north boundary of the Five Mile Creek in accord with the Pathways Master Plan; a public pedestrian casement is required to be submitted to the City, approved by City Council and recorded. Landscaping is required to be installed on both sides of the pathway in accord with the standards listed in UDC 11 -3B -12C. All pathways through common areas that are not visible from a public street shall be illuminated with a 4 -foot tall bollard style or other appropriate lighting source, unless otherwise waived by the Direct, per UDC 11 -3A -8H. Minimum five-foot wide pedestrian walkways should be provided internally within the site frons the multi -use pathway connecting to the sidewalk along E. Overland Road to the building entrances with each phase of development as set forth in UDC 11-3A-19A.4a. Fencing: Fencing is not depicted on the site plan. Any fencing constructed on the site should comply with the standards listed in UDC l 1-3A-7. Staff recommends a 6 to 8 -foot tall fence/wall is constructed along the east boundary of the site adjacent to residential uses with the first phase of development. The applicant should work with the neighbors to determine an appropriate fencing height and material. Floodplain: A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the city and approved by the Floodplain Administrator, per MCC 10-6. All future buildings on the site and the layout of the site is required to obtain design review approval in accord with the standards listed in UDC 11-3A-19 and the guidelines in the Meridian Design Manual (or any updated versions thereof). Hours of Operation: Business hours of operation in the C -G zoning district are restricted to 6:00 am to 11:00 pm when adjacent to residential uses unless modified through a conditional use permit, per UDC 11 -2B -3A.4, Design: All future structures on the site and the layout of the site are required to comply with the standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual (or any updated versions thereof). The building proposed in phase 2 depicted on the conceptual development plan as "Major All should be restricted to a single -story in height as proposed by the applicant to better integrate with the residential properties to the east. In addition to the DA provisions associated with the annexation of this property that staff recommends above still be included, Stcffalso recornrnends newprovisions be added to the DA as discussed above. Staff recommends approval of the proposed AlfDA per the provisions in Exhibit A.S. and the conceptual development plan included in Exhibit A. 4. Eagle Commons at Overland --MDA H-2015-0024 EXHIBIT A X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Previously Approved Conceptual Development Plan 3. Existing Development Agreement Provisions 4. Proposed Conceptual Development Plan 5. Proposed Changes to the Development Agreement Provisions 6. Legal Description of Property Subject to Development Agreement Eagle Commons tit Overland —MDA H-2015-0024 6 E Exhibit A.I: Vicinity/Zoning Map Eagle Commons at Overland — MDA H-2015-0024 EXHIBIT A EXHIBIT A Exhibit A.2: Previously Approved Conceptual Demlopment Plan :(n � . f rt5• Cd W nl U LU OP split pIt W 0.444 M,IH N e�..�._la,_ �. b � � •: t • � t c?iia+t ns�.—.IwiaG•'Kt MAI x • g1 _•� � _—•DTI]f ,11y Fri [-- • rt�.. : i 'y{tl � i } .. , � _r:t ICw.:•t ti •i..t r f ,r. ... _.._._ —XI P ,OVERLAND ROAD Eagle Commons at Overland -- MDA H-2015-0024 s DATA tl4pt14.t Nt.nl{J, WIN r. NVor+t•t u,ali{ Itu ro•t aan u. otwl t nt.la u. 16111 1 t Nall 11. 1a.l.r. ISOtJNO t f./it 111111 IIn�G IAM1 ).n(.iH Tf. uu cirwlu. n< SITE PLAN_» �kN Wif1Y ASSOC7A76t NC__—.,, r�Ml tuQuu w1 ----------- _ IntJ HI{1H EXHIBIT A Exhibit A,3: Existing Development Agreement Provisions R. That, as a condition of annexation and the zoning of C- G, with development under the Planned Commercial Development standards and guidelines, the Applicant is required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: I. Inclusion into the development, including but not limited to, the requirements of 11-9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. Hr public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Hike Path Ways. f. M, Piping of Ditches and 11-9-606 a. Bicycle Pathways. b. Storm drainage. (See Section S. 3. below.) C. Sidewalks and Pedestrian Walkways. d. Greenbelt. e. Pressurized Irrigation. 2. The concerns of the owners of property in Jewell Subdivlaion concerning sidewalks, drainages, lighting, noise, and, buffering; that also of concern to the City is having lfights, particularly automobile headlights, shine into the yards and homes in Jewell Subdivision and other adjacent homes and measures shall. be FINDINGS OF FACT AND CONCLUSIONS OF LAW - LhNGLX PAGE - 31 Eagle Commons at Overland — MDA H-2015-0024 9 EXHIBIT A undertaken prevent this. 3. Payment by the Applicant, or if .required, any assigns,' heirs, executors or personal representatives, of any impact, development, or transfer fees, adopted by the City, as agreed to by the Applicant in statements by its representative during the public hearings. 4. Addressing access linkage, screening, and buffering. 5. An impact fee, or fees, for park, police, and fire services as determined by the City. 6. Appropriate berming and landscaping. 7. Submission and approval of plats for the property. S. Submission and approval of individual buildings, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing residential development. 10. Establishing a 35 foot landscaped setback and landscaping the same. 11. Addressing the comments of the Planning Director. 12. The sewer and water requirements. 13. Agreeing that the Meridian Comprehensive Plan is applicable to the land and any development. 14. Traffic plans and access into and out of the development. 16. Meeting the representations made as part of the application and hearing process. 16. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 32 Engle Commons at Overland MDA H-2015-0024 10 EXHIBIT A S. That also as conditions of annexation, the Applicant shall submit to the City and have approved by the City Council prior to submitting any plats, conditional use applications, or building plans, the matters set forth below; it is to be noted that some of these items below have been dealt with, or partially dealt with, in the..paragrap4 above but the below paragraph shall be controlling: 1. A plan, with dates of completion, for buffering all adjacent residences. 2. A hydrologic study, with dates of completion, for the area included in the annexation and zoning request. 3. A plan, with dates of completion, for storm water runoff, dispersement and/or storage and a drainage plan designed by a licensed architect or engineer for all off-street parking areas. 4. A plan, with dates of completion, for location, drilling and construction of ground water monitoring wells and well houses, one for each of the fours sides of the development. 5. Submit a profile of the subsurface soil conditions as prepared by a soil scientist to be submitted before submittal of any plats, conditional use applications, or building plans. 6. Prior to submittal of any plate, conditional use applications, or building plans, donate to the City of Meridian a 100' x 100' well site at the proposed site .and meet all the criteria of the State of Idaho Department of Water Resources and the City of Meridiani. T. That as a condition of annexation and zoning the Applicant shall plat the property and submit applications FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANG4LY PACE - 33 Eagle Commons at Overland —MDA H-2015-0024 I 1 EXHIBIT A therefore to the City, submit conditional use applications for all development on the property, that all buildings and/or structures shall be subject to design review, and that Applicant shall meet all of the comments of the staff of the City. U. Also, as a condition of annexation and zoning, the Applicant shall, meet all of the requirements of the Ada county Highway District and the Idaho Department of Transportation. V. That Section 11-2-417 D of -the Meridian Zoning Ordinance states that a development agreement should be recorded in the office of the Ada County Recorder and take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. That it has been the experience of the City that development agreements are difficult to enter into prior to the annexation ordinance being passed; that it is concluded that the development agreement shall be entered into prior to the preliminary plat being approved. W. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian and should be enacted. X. That regarding the conditional use permit request for retailers, it is concluded that Russell Keithly, a representative of the Applicant, stated that Applicant desired to develop the retail center under a commercial planned development; that the FINDINGS OF FACT AND CONCLUSIONS OF LAW o LANOLy PA013 - $4 Eagle Commons at Overland -- MDA H-2015-0024 12 EXHIBIT A Replace with new site plan Exhibit AA Proposed Conceptual Development Plan (dated: December 11, 2015) LOT T VALOR A LOr 2 85.000 SF. = u3 LOT 3 UR I SaOtE STORY ---- uft yf.. Fran aWlnr - fX4Tf'�sfx Arai,•: enu�iva+� �riau[uf flty un M rU u.t Overland Road OVERALLS TE aL6AN rleri/ W lelY�.hMIln.f Y. 1MlrltbNW.ef M C;Mb tfNWbb cfb Sncwm, Eagle Commons at Overland -- yIUA H-2015-0024 13 n C, n7 � u A V ^ 0 W U L 4: g .f U$B 8r'- Ak EXHIBIT A Exhibit A.5: Proposed Changes to the Development Agreement Provisions CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 1. The subject property shall develop in substantial compliance with the conceptual development plan included in Exhibit AA and the provisions in this agreement. 2. A 35 -foot wide street buffer is required to be constructed along the frontage of the site along E. Overland Road, an entryway corridor, a 2010 -foot wide street buffer is required along the future eelleeto local commercial street (Silverstone )Yay) and a 10 -foot wide street buffer is required to be constructed along S. Rackham Way, a local street, per UDC Table 11-2B-3 and shall be landscaped in accord with the standards listed in UDC 11 -3B -7C. These buffers shall bA , ,stfaetad,Y.:+� +ke- tpl.uy, VfdvYL1V %I11Vilt.I Ractang Wa is vacatedit tthe}idure. rr str— eet buffer. is i1at required 3. A 25 -foot wide landscape buffer shall be provided along the cast boundary of the site adjaee to abutting the residential uses in Jewell Subdivision, per UDC Table 11-2B-3 and shall be landscaped in accord with the standards listed in IJDC 11-3B-9C'+n-;u eAeetor-street is not requi-red-fie+e-e��CQtyC-e}i 61,11 nless such width is otherwise modified bXCitX Council at a public hearing with notice to surrounding property owners per UDC 11 -3B -9C.2. 4. A 10 -foot wide multi -use pathway shall be constructed along the north side of the Fivemile Creep from the west to the east boundary of the site as set forth in the Pathways Master Plan. A pathway connection to the south to E. Overland Road shall also be provided along the e ns� � ;•- side inT driveway Silverstone Way to the E. Overland Rd.rSilveFsteae tarn„ ;.,+n,.nno4en-. This segment of the pathway if constructed of concrete within the right-of-way, may attached to the curb and will be maintained by ACRD. Landscaping is required to be installed on each side of the pathway along the creel-, in accord with the standards listed in UDC 11-313- 12C. A public pedestrian easement is required to be submitted to the City, approved by City Council and recorded for the multi -use pathway along the creek with the fust phase of development. 5. All pathways through common areas that are not visible from a public street shall be illuminated with a 4 -foot tall bollard style or other appropriate lighting source, unless otherwise waived by the Director, per UDC 11 -3A -8H. 6. Minimum five-foot wide pedestrian walkways shall be provided internally within the site from the multi -use pathway connecting to the sidewalk along E. Overland Road to the building entrances with each phase of development as set forth in UDC 11-3A-19A.4a. 7. The Fivemile Creek shall remain open as a natural amenity and shall not be piped or otherwise covered and shall be protected during construction. Fencing along the waterway shall not prevent access to the waterway, unless Council deems fencing should be required in the interest of public safety in accord with UDC 11-3A-613. 8. Prior to issuance of any permits for the development of the second phase (depicted on the concept plan as Lot 1, Major A), the applicant shall subdivide the property and combl with AD r u e>3 tnents for tbLe__utenslon_QLSilverstone Way. and Silvemterse W y—,hall-be + + d -to +h9..�.1 1 8�nny nnmmpi-ni n]�,tre� .i -u �oii j,iv}.v'�•, 7; half �.Fn nn �f Ous 12 feet ate„ t. . the. + side -hp _- i i Si42yerstone Way-,ha44 a lie east-mperlV- litre. Additional r t,+ fway g it-e��:� Eagle Commons at Overland — MDA I-1-2015-0024 14 EXHIBIT A Overland-) oa,1 A +1, circ o'ii-''n sureyai'ee�t and west of C:t, emt o the "b13e ^rtiCi6 j3edF ifti o-yementa-ffe—rvgl}i -ice Iif--in aerease�noxts-te-aecernt�lada�e-at�c-1�. 9. A cross-access/ingress-egress easement shall be provided to the property to the east (Zanizow's. parcel #R4626240051, where the driveway stub is currently located) via -a -net" -a tliiTia"n j �!at or ,. n 4 (oFd a nt if „arms agreemetA is meet py o e s��bi tted bvith-the final plat appheatiekt ter the -ten`•:' .,1,^„e n -f Elevelopffie Bi --the f* -St Gertifiecte of Zon:inn r „ i ,,,,_ application, i iehe _i-oeettrs fir -at) or, right -off way for Silverstone Way rnay be dedicated where the driveway stub is located Either an access easement shall be recorded and a cony submitted to the City; or, right-of-way shall be dedicated ryior• to issuance of Certificate of Occupancy for Norco. 10. All future structures on the site and the layout of the site shall comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Meridian Design Manual (or any updated versions thereof}. 11. A gate that meets the Fire Department's requirements shall be installed across the emergency access driveways via S. Rackham Way to prevent access by the public until the portion of the site depicted on the concept Man as Lot 3 develops. Once said let1ort -tion is developed one (preferably the southern access) of the emergency accesses shall be converted to a public street access. 12. Business hours of operation in the C -G zoning district are restricted to 6:00 am to 11:00 pm when adjacent to residential uses unless modified through a conditional use permit, per UDC 11-213-3A.4. 4-3: —tii- difig prep e , phase eta `�npiQt , o� s neeptual development plan as lvlaj �rll�e resst t. to -a s'= =gl"tor-y- n 1A as proposed b-y4he-appliea,,+ to better :mtegrate w4l: t4ie residential , peiii ., t., the east. 14. Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the city and approved by the Floodplain Administrator, per MCC 10-6. 15. All lighting proposed on the site shall comply with the standards listed in UDC I 1 -3A -I IC. Light fixtures that have a maximum output of 1,800 lumens or more shall have an opaque top to prevent uplighting; the bulb shall not be visible and shall have a full cutoff shield; and shall be placed such that the effective zone of light (as documented by the photometric test report) shall not trespass on abutting residential properties. 16. With the first phase of development_ (Norco, depicted on the concept plan as Lot 2), the developer shall construct S. Silverstone Way north from E. Overland Road as a local commercial eelleetei-street tl e igh the site t 6. , noi4b rep . y boundary ff tur-e extension 'itlt'Gttty, gtt er un' sidewalk in "1 m •M AG right r4 r-eperf3-so-fl-e day t.b-first phase of dev opment—R4ght - e way -shall lie exl3anele� ai the �erty-k�et r�dary adjaeent to Par—eel #R4626240075 to i3v'xde ,•,•1,t-i^i� fE1i ik&t liftreLli flhiffl vVill ...Ow-&r4h"ervelopment of a stub , stye, t : ti...,t leeatietitt. fature er4 a a ggg:gxpated^strcct with a minimum 40 feet of pavement with 3 foot gravel shoulders within a )eagle Commons at Overland -- MDA H-2015-0024 15 EXHIBIT A minimum 60 foot right-of-way for approximately 100 feet then tering to a minimum 30 feet of pavement with 3 foot gravel shoulders within a minimum 50 foot right -of -waw just north of the creek. These improvements shall be complete prior to issuance of the first Certificate of Occunancv. 17. The developer shall dedicate additional right-of-way along the west property boundary to widen S. Rackham Way to local street standards with curb, gutter and sidewalk with the first phase of develepment subdivision of the prrooperty�tlnless S. Rackham Way is vacated. 18. The developer shall construct a 6 t" -foot tall fence/wall along the east boundary of the site adjacent to residential uses with the first phase of development;--afemee shall not be constructed_ in the floodway in accord with FEMA regulations. plieant-shoEi'iman h -tie neighb vs todetet:mine-*1-appropriate-fencing height an materia -h 19. The applicant shall finalize the property boundary adjustment (PBA -14-008) for this property prior to issuance of the first building permit for this site. One building permit for Norco is allowed to be issued prior to subdivision of the property. 20. A street light plan will need to be included as part of the development plan submittal. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http;//www.meridiancit•y.org/d)ublic works.aspx?id-272 21. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 22. Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. The applicant May �be eligible for reimbursement of costs_assoc dtll u izing the sewer and water mains >� MCC 8-6-5. 23. Water modeling will be required prior to development plan submittal to determine the timing of completing the water maim loop through the property fiom the existing 10 -inch main stub at E. Overland Road and S. Silverstone Way to the existing 16 -inch main adjacent to S. Rackham Way, 24. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available fi-om Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. Eagle Commons at Overland —MOA 11-2015-0024 16 EXI3IBIT A Exhibit A.6: Legal Description of Property Subject to Development Agreement PARCEL A: A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1.6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, THENCE SOUTH 89°22'54" EAST, 1332.53 FEETALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 16 TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 00'31'36" WEST 63.0; FEET TO A POINT ON THE NORTI I RIGHT OF WAY OF OVERLAND ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; ALONG SAID RIGHT OF WAY THE FOLLOWING: THENCE NORTH 88'06'31" WEST 108.81 FEET TOA POINT, THENCE SOUTH 46°53'29" WEST 15.32 FEET TO A POINT; LEAVING SAID RIGHT OF WAY; THENCE NORTH 00°31'36" WEST 295.73 FFFTTO A POINT; THENCE NORTH 16'22'02" WEST 138.11 FEET TOA POINT; THENCE NORTH 80"47'54" WEST 122.87 FEET TO A POINT; THENCE NORTH 76°08'54" WEST 197.68 FEETTO A POINT; THENCE NORTH 61°22'54" WEST 112.37 FEETTO A POINT; THENCE NORTH 00°52'29" WEST 313.28 FEETTOA POINT; THENCE NORTH 89'23'14" WEST 29.07 FEET TO A POINT; THENCE NORTH 78°53'32" WEST 561.48 FEET TO A POINT; THENCE NORTH 08'45"07" EAST 50.04 FEET TO A POINT; THENCE SOUTH 78°53'32" EAST 553.76 FEET TO A POINT; THENCE NORTH 00'31'36" WEST 363.60 FEET TOA POINT; THENCE SOUTH 89023'14" EAST 599.00 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUL H 00'31'36" EAST 1263.87 FEET ALONG THE EAST LINE OF THE SOUTHWEST Hagle Commons at Overland — MDA H-2015-0024 17 EXHIBIT A QUARTER OF THE SOUTHWEST QUARTER TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, PARCEL C: A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE NORTH 00049'23" WEST 1326.95 FEET ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 16 TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 89°23'14" EAST 240.69 FEET ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER TO A POINT ON THE EASTERLY RIGHT OF WAY OF AN UNNAMED ACCESS ROAD; THENCE SOUTH 08°45'07" WEST 315.37 FEET ALONG SAID EASTERLY RIGHT OF WAY TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOtITH 78°53'32" EAST 561.48 FEET TO A POINT; THENCE SOUTH 89°23'14" EAST 29.07 FEET TO A POINT; THENCE SOUTH 00°52'29" EAST 313.28 FEET TO A POINT; THENCE NORTH 61°22'54" WEST 72.07 FEET TO A POINT; THENCE NORTH 78°47'54" WEST 209.34 FEET TO A POINT, THENCE SOUTH 73°24'06" WEST 103.96 FEET TO A POINT; THENCE NORTH 83056'54" WEST 102.65 FEET TO A POINT; THENCE NORTH 51°2641" WEST 194.47 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF AN UNNAMED ACCESS ROAD; THENCE NORTH 08°45'07" EAST 247.08 FEET ALONG SAID EASTERLY RIGHT OF WAY TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. Laglc Commons at Overland — MDA H-2015-0024 18 EXHIBIT A PARCEL D: APARCEL 0FLAND LOCATED |NTHE SOUTHWEST QUARTER 0FTHE SOUTHWEST QUARTER OFSECTION 16,TOWNSHIP 3NORTH, RANGE 1EAST, BOISE MERIDIAN , ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED ASFOLLOWS: COMMENCING ATTHE SOUTHWEST CORNER OFSECTION 16TOWNSHIP 3NORTH, RANGE 1E4ST BOISE MERIDIAN; THENCE NORTH 00'4Q'23"VVEST132605FEETALONGTHE WEST LINE 0FTHE SOUTHWEST QUARTER 0FTHESOUTHWEST QUARTER 0F50DSECTION 10T0THE NORTHWEST CORNER OFSAID SOUTHWEST QUARTER 0FTHE SOUTHWEST QUARTER; THENCE SOUTH 8Q"28'14"EAST 24O.6QFEET ALONG THE NORTH LINE OFSAID SOUTHWEST QUARTER OFTHE SOUTHWEST QUARTER TOAPOINT ONTHE EASTERLY RIGHT 0F WAY OFANUNNAM E0ACCESS ROAD, THE REAL POINT 8FBEGINNING OFTHIS DESCRIPTION; THENCE CONTINUING SOUTH 8A"l3'14'EAST 139J1FEET ALONG SAID NORTH LINE TDAPOINT; THENCE SOUTH 00^31'3h"EAST, 30J.6UFEETTOAPOINT, THENCE NORTH 78"S3'32"VVEST553.76FEETTOAPOINT 8NTHE EASTERLY RIGHT OFWAY 0FANUNNAMED ACCESS ROAD; THENCE NORTH U8*Q'07"EAST 205.33FEET ALONG SAID EASTERLY RIGHT OFVVAYT0THE REAL POINTor BEGINNING OF THIS DESCRIPTION, auglvomnmvnsmo,eilmm-woaez 15-0024 19 EXHIBIT A For wil 1T W T -T- Eagle Commons at Overland — MDA 11-2015-0024 20 Eagle Commons at Overland Vicinity Map Oxygen Subdivision 1,2&3 C O; erl�nc R_I WLWHITE-LEASURE DEVELOPMENT COMPANY January 24, 2019 City of Meridian ATTN: Bill Parsons 33 E Broadway Ave # 102 Meridian, ID 83642 Re: Option #1 Development Agreement Termination — Eagle Commons at Overland Annexation Ordinance #719 (H- 2015-0024) Recorded 11/02/2016 Instrument #2016-106278 Dear Mr. Parsons: Following our pre -application meeting with you and other staff members, we had internal discussions with the applicant and other consultants regarding the possibility of eliminating the Development Agreement in its entirety. The factors that would support terminating the Development Agreement are as follow: 1. In 1995 the original Development Agreement, hereinafter referred to as "DA", encompassed one -hundred and fifteen (115) acres and a 700,000 sq. ft. Power Mall. At that time requiring a DA was appropriate considering the size of the project. At that time the property was also subject to an annexation. 2. In 1996 the developer of the Power Mall withdrew their application. 3. In 2015 James A. Kissler, LLC modified the DA to construct the new Norco office building and at that time a major grocery store was also proposed. Since the DA was modified, the grocery store withdrew their interest and will not be built in the proposed location. 4. The main objective of the DA was to ensure that Silverstone Way would be extended to the north boundary of the property at the developers' expense. The other main requirements were the extension of the pathway along Five Mile Creek and improvements to Rackham Way. The pathway has been extended along the southern portion of Oxygen Subdivision #1. The pathway will be completed when Oxygen Subdivision #2 is developed and the Rackham Way improvements (adjacent to the applicant's property) will be completed when Oxygen Subdivision #2 and #3 are developed (see attached subdivision map). 8385W. Emerald St P.O. Box 1277 • Boise, Idaho 83701-1277 - Telephone (208) 345-1842 • FAX(208)343-314,3 kl\tww.v,,hi.e-leasLire, coni If the DA were to be modified with this application, the proposed uses are purely conceptual and would be subject to yet another DA Modification application when a new tenant shows interest in the property. Unless the DA is terminated, theoretically the DA would need to be modified each time a tenant applied for a building or conditional -use permit. To continually modify the DA each time a tenant showed interest in one of the lots would be an enormous waste of time for city staff as well as the City Council. The simple solution is to let the current zoning dictate the future uses of the Kissler property. 6. The applicant held a Neighborhood Meeting on January 16, 2019 at 6:00 P.M. Approximately twenty (20) invitation letters were sent to adjacent property owners within three hundred (300) feet. One person came to the meeting and signed a letter in favor of eliminating the DA (see attached). For all of the above reasons the applicant is requesting that the City Council terminate the Development Agreement. In the event that there is an underlying reason the Development Agreement cannot be terminated then the applicant would request that the Council approve the proposed site plan that would modify the existing Development Agreement. incerely, ,,.. Jeffery C. Huber Vice President ADA COUNTY RECORDER Christopher[) Rich 2018-106293 BOISE IDAHO Pgs=3 DAN RYALLS 11/0612018 T $615 M THE LAND GROUP AMOU00 HIM 1{IlllllllII{1111IIl IIIM III IIII j I III I1 Ill QUITCLAIM DEED FOR VALUE RECEIVED James A. Kissler, LLC, an Idaho limited liability company do(es) hereby convey, release and forever quitclaim unto: James A. Kissler, LLC, an Idaho limited liability company whose current address is: the following described premises, to -wit: See attached Exhibit A legal description James A. Ki' , LLC z By: Names . Kissler Its: Member Date: Notary Acknowledgment — see page 2 STATE OF IDAHO ) ss. County of f} ) On this 1', Iday of /z'l.f• in the year 2018, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared James A. Kissler, known or identified to me to be the Member of James A. Kissler, LLC, an Idaho limited liability company, and the same person that executed this instrument on behalf ofsaid James A. Kissler, LLC, an Idaho limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. F1 �.:•: . •;VAS NOTARY PUBI;)C for jdaho Residing at r - l'_ .Ida}}4 My commission expires: .' , May 31, 2018 Project No. 116091 THE LAND GROUP, INC. OXYGEN SUBDIVISION PBA PARCEL "B" DESCRIPTION A parcel of land being a portion of Lot 2, Block 1 of Oxygen Subdivision No. 1, as same is shown on the Plat thereof, recorded In Book 11.3 of Plats at Page 16695 of Ada County Records, a portion of Lot 3, Block 1 of Oxygen Subdivision No. 2, as same is shown on the Plat thereof, recorded in Book 113 of Plats at Page 16703 of Ada County Records, and a portion of Lot 5, Block 1 of Oxygen Subdivision No. 3, as same is shown on the plat thereof, recorded in Book 113 of Plats at Page 16706, Ada County Records, being located in the Southwest One Quarter of the Southwest One Quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the North Lot corner common to lots 2 and 2, Block 1 of said Oxygen Subdivision No. 1(from which point the Northeast corner of said Lot 1 bears South 89°14'37" East, 347.72 feet distant); Thence South 00'22'59" East, a distance of 265.81 feet on the west Lot line of said Lot 1, said point being the POINT OF BEGINNING; Thence South 00° 22' 59" East, a distance of 159.20 feet on the east Lot Line of said Lot 2; Thence South 89° 36'37" West, a distance of 324.06 feet; Thence North 00' 22' 59" West, a distance of 159.20 feet; Thence North 89" 36' 37" East, a distance of 324.06 feet to the POINT OF BEGINNING. The above described parcel contains 1.18 acres more or less. PREPARED BY: THE LAND GROUP, INC. James R. Washburn 101 U57-31- .WA 01 Site Planning v Landscape Architecture * Civil Engineering v Golf Course Irrigation & Engineering * Graphic Design 0 Surveying 462 E. Shore Drive, Suite 100 e Eagle, Idaho 83616, P 208,939.4041 a www.thelandgroupinc.com ADA COUNTY RECORDER Christopher D Rich 2018-106294 BOISE IDAHO Pgs=3 DAN RYALLS 1110612018 03:58 PM THE LAND GROUP AMOUNT $15.00 111111111111111111111111111 IN II Ill 1111111111 III 00662390201801062940030033 QUITCLAIM DEED FOR VALUE RECEIVED James A. Kissler, LLC, an Idaho limited liability company do(es) hereby convey, release and forever quitclaim unto: James A. Kissler, LLC, an Idaho limited liability company whose current address is: the following described premises, to -wit: See attached Exhibit A legal description .Ta rn es A. Kjxler, By: James AXissler Its: Member Date: Notary Acknowledgment — see page 2 STATE OF IDAHO ) ss. County of On this �l',�day of in the year 2018, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared James A. Kissler, known or identified to me to be the Member of James A. Kissler, LLC, an Idaho limited liability company, and the same person that executed this instrument on behalf of said James A. Kissler, LLC, an Idaho limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. WIt . 1• •.A • .IU NOTARY PUB IC for. Id ho Residing at = ? � , Idoo My commission expires:'' October 16, 2018 Project No. 116091 41, THE LAND GROUP, INC. OXYGEN SUBDIVISION PBA PARCEL "C" DESCRIPTION A parcel of land being a portion of Lot 2, Block 1 of Oxygen Subdivision No. 1, as same is shown on the Plat thereof, recorded In Book 113 of Plats at Page 16695 of Ada County Records, and a portion of Lot 3 and Lot 4, Block 1 of Oxygen Subdivision No. 2, as same is shown on the Plat thereof, recorded in Book 113 of Plats at Page 16703 of Ada County Records, being located in the Southwest One Quarter of the Southwest One Quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the North Lot Corner common to lots 1 and 2 of said Oxygen Subdivision No. 1, (from which point the Northeast corner of said Lot 1 bears South 89"14'37" East, 347.72 feet distant); Thence South 00°22'59° East, a distance of 425.01 feet on the west Lot line of said Lot 1 to the POiNT OF BEGINNING; Thence S 00' 22' 59" E, a distance of 365.63 feet on the west lot line of said Lot 1, Block 1 of Oxygen Subdivision No. 1 to the Southerly Lot Corner common to Lots 1 and 2, Block 1 of said Oxygen Subdivision No. 1; Thence on the southerly boundary line of said Oxygen Subdivision No. 1 and Oxygen Subdivision No. 2 for the following courses and distances: Thence N 76° 00' 17" W, a distance of 44.01 feet; Thence N 61° 14' 17" W, a distance of 184.44 feet; Thence N 78' 39' 17" W, a distance of 209.34 feet; Thence S 73° 32'43" W, a distance of 103.96 feet; Thence N 83° 48' 17" W, a distance of 102.65 feet; Thence N 51" 18' 04" W, a distance of 194.48 feet to the southwest corner of Lot 4, Block 1 of said Oxygen Subdivision No. 2; Thence leaving said southerly boundary line, N 08° 53' 44" E, a distance of 118.20 feet on the west line of said Oxygen Subdivision No. 2; Thence N 89° 36'37" E, a distance of 742.47 feet to the POiNT OF BEGINNING. The above described parcel contains 4.35 acres more or less. PREPARED BY: TIME LAND GROUP, INC. James R. Washburn f, Site Planning P Landscape Architecture , Civil Engineering ® Golf Course Irrigation Engineering o Graphic Design s Surveying 462 E. Shore Drive, Suite 100 & Eagle, Idaho 83616 t P 208.939,4041 4 www.thelandEroupinc.com ADA COUNTY RECORDER Christopher D Rich 2018-106297 BOISE IDAHO Pgs=3 DAN RYALLS 11106/2018 03:59 PM THE LAND GROUP AMOUNT $15.00 11111111111111111111111111111111 IN IIII I III II III 00562391201801062970030036 QUITCLAIM DEED FOR VALUE RECEIVED James A. Kissler, LLC, an Idaho limited liability company do(es) hereby convey, release and forever quitclaim unto: James A. Kissler, LLC, an Idaho limited liability company whose current address is: the following described premises, to -wit: See attached Exhibit A legal description James A. r, LLC By: Ja es A. Kissler Its: Member Date: ZO -7Z//� Notary Acknowledgment — see page 2 STATE OF IDAHO ) ) ss. County of / -//t ) On this`., day of '` ', ` r! �'; , in the year 2018, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared James A. Kissler, known or identified to me to be the Member of James A. Kissler, LLC, an Idaho limited liability company, and the same person that executed this instrument on behalf of said James A. Kissler, LLC, an Idaho limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. KWMJODELCON NOTARY PUBLIC foj Idaho NOMFUBW-$TA7E0FlaAl10 Residing at / >D / 1-( Idaho C0141W$"NUMBtti0D23 My commission expires: `. i , Idaho WCOMVW.%%E ani _ October 16, 2018 Project No. 116091 Exhibit A THE LAND GROUP, INC. OXYGEN SUBDIVISION PBA PARCEL "D" DESCRIPTION A parcel being a portion of lot 3 and Lot 4, Block 1 of Oxygen Subdivision No. 2, as same is shown on the Plat thereof, recorded in Book 113 of Plats at Page 16703 of Ada County Records, a portion of Lot 2, Block 1 of Oxygen Subdivision No. 1, as same is shown on the Plat thereof, recorded in Book 113 of Plats at Page 16695, Ada County Records, and a portion of Lot 5 and Lot 6, Block 1 of Oxygen Subdivision No. 3, as same is shown on the Plat thereof, recorded in Book 113 of Plats at Page 16706, Ada County records, being located in the Southwest One Quarter of the Southwest One Quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of Lot 6, Block 1 of said Oxygen Subdivision No. 3, (from which point the northeast corner of said Lot 6 bears South 89'14'37" East, 265.37 feet distant); Thence from said northwest corner, South 08°53'44" West, a distance of 282.94 feet on the west boundary of said Oxygen Subdivision No. 3 and said Oxygen Subdivision No. Ito the POINT OF BEGINNING; Thence N 89' 36' 37" E, a distance of 392.40 feet; Thence 5 00° 22' 59" E, a distance of 159.20 feet; Thence S 89" 36' 37" W, a distance of 418.41 feet to a point on the west boundary line of said Oxygen Subdivision No. 2; Thence N 08' 53'44" E, a distance of 161.31 feet on the west boundary line of said Oxygen Subdivision No. 2 and Oxygen Subdivision No. 1 to the POINT OF BEGINNING. The above described parcel contains 1.48 acres more or less. PREPARED BY: THE LAND GROUP, INC. James R. Washburn f Site Planning v Landscape Architecture « Civil Engineering - Golf Course irrigation & Engineering v Graphic Design e Surveying 462 E, Shore Drive, Suite 100 e Eagle, Idaho 83616 e P 208,939.4041 e www.thelandgroupinc.com ADA COUNTY RECORDER Christopher D Rich 2018-106298 BOISE IDAHO Pgs=3 DAN RYALLS 11/0612018 03:59 PM THE LAND GROUP AMOUNT $15 00 11111111111111111111 ll ll 11111111111111111111 II Ili 00562392201801062980030032 QUITCLAIM DEED FOR VALUE RECEIVED James A. Kissler, LLC, an Idaho limited liability company do(es) hereby convey, release and forever quitclaim unto: James A. Kissler, LLC, an Idaho limited liability company whose current address is: the following described premises, to -wit: See attached Exhibit A legal description James A. � ler, LLC�j By: James A. Kissler Its: Member Date: 11 Notary Acknowledgment—see page 2 STATE OF IDAHO ) ss. County of r�(f - �'- - ) On this, I� _'day of ;'r j ,c , in the year 2018, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared James A. Kissler, known or identified to me to be the Member of James A. Kissler, LLC, an Idaho limited liability company, and the same person that executed this instrument on behalf of said James A. Kissler, LLC, an Idaho limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. KMMJODEIEON NOTARY PU13LIC for Idaho NOTARY RAW -ME OF&W Residing at /iii' ;' - _ Idaho MY� D 9-2740 My commission expires:. V THE LAND GROUP, INC, October 16, 2018, Project No. 116091 OXYGEN SUBDIVISION PBA PARCEL. "E" DESCRIPTION A parcel of land being a portion of Lot 2 Block 1 of Oxygen Subdivision No. 1, as same Is shown on the Plat thereof, recorded in Book 113 of Plats at Page 16695 of Ada County Records, and a portion of Lots 5 and Lot 6, Block 1 of Oxygen Subdivision No. 3, as same is shown on the Plat thereof, recorded In Book 113 of Plats at Page 16706 of Ada County Records, being located in the Southwest One Quarter of the Southwest One Quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of Lot 6, Block 1 of said Oxygen Subdivision No. 3, (from which point the northeast corner of said Lot 6 bears South 89'14'37" East, 265.37 feet distant), said northwest corner being the POINT OF BEGINNING; Thence S 89° 14'37" E, a distance of 346.85 feet on the north line of said Oxygen Subdivision No. 3; Thence S 00' 22' 59" E, a distance of 272.29 feet; Thence 5 89' 36' 37" W, a distance of 392.40 feet to a point on the west boundary line of said Oxygen Subdivision No. 1; Thence N 08" 53'44" E, a distance of 282.94 feet on the west boundary line of said Oxygen Subdivision No. 1 and the west boundary line of said Oxygen Subdivision No. 3 to the POINT OF BEGINNING. The above described parcel contains 2.34 acres more or less. PREPARED BY: THE LAND GROUP, INC. James R. Washburn U V W R. W1+E f, Site Planning w Landscape Architecture o Civil Engineering o Golf Course Irrigation & Engineering ► Graphic Design 0 Surveying 462 E, Shore Drive, Suite 100 o Eagle, Idaho 83616 c P 20$.939.4041 c www.thelandgroupinc.com CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Project/Subdivision Name: Eagle Commons at Overland Date: 1/8/18 Applicants)/Contact(s): Ken Lenz Jeff Huber Jason White City Staff: Sonya Bill Kim Scott Joe Caleb Denny Jason Brian, Tom, Kevin Location: N. of E Overland Rd., west of S. Silverstone Way Size of Property: 11.35 Comprehensive Plan FLUM Designation: MU -R Existing Use: vacant/undeveloped Existing Zoning: C -G Proposed Use: Proposed Zoning: NA Surrounding Uses: Norco (retail showroom warehouse/storage,office) Street Buffer(s) and/or Land Use Buffer(s): Open Space/Amenities/Pathways: Access/Stub Streets: Waterways/ Floodplain/Topography/Hazards: floodplain exists along the Five Mile Creek — floodplain development permit required History: Ord #719• PBA -14-008: H-2015-0024 (Eagle Commons at Overland - DA #2016-106278): A-2018-0316 (PBA, Oxygen) Additional Meeting Notes: Work with developer of adjacent property to north to integrate development plan (i.e. access, uses, etc.) ■ Modify Development Agreement to update conceptual development plan for the site ■ The proposed conceptual development plan should demonstrate consistency with the MU -R FLUM designation in Comp Plan [i.e. provide a mix of employment retail (max 50% of development area) and residential dwellings (min. 10% of development area at densities ranging from 6 to 40 units/acre) and public uses; where multiple commercial and/or office buildings are proposed, the buildings should be arranged to create some form of common usable area such as a plaza or preen space; project should include 2-3 types of land uses] ■ Narrative submitted with application should justify how proposed concept plan/development is consistent with the mixed use designation and specifically the MU -R designation (see pqs 23-24 and 30-31 of Comprehensive Plan for more info) ■ A hotel is a principal permitted use in the C -G district comply with the specific use standards listed in UDC 11-4-3-23; a restaurant is a principal permitted use in the C -G district; self-service storage facility requires a CUP in the C -G district, comply with the specific use standards listed in UDC 11-4-3-34 ■ Parking design should comply with standards in UDC 11-3A-1 913.2b; 26' wide driveways req. adjacent to 3 -story structures and 28' inside 48' outside turning radius' for driveways within site per Fire Dept. requirements; Note: A Traffic Impact Study (TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 387- 6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process. Other Agencies/Departments to Contact: ❑ Ada County Highway Dist. (ACRD) ❑ Nampa Meridian Irrigation Dist. (NMID) ❑ Public Works Department ❑ Idaho Transportation Dept. (ITD) ❑ Settler's Irrigation District ❑ Building Department ❑ Republic Services ❑ Police Department ❑ Parks Department, Jay ❑ Central District Health Department ❑ Fire Department ❑ Other: Application(s) Required: ❑ Administrative Design Review ❑ Conditional Use Permit Mod if ication/Transfer ❑ Rezone ❑ Alternative Compliance X Development Agreement Modification ❑ Short Plat ❑ Annexation ❑ Final Plat ❑ Time Extension — Council ❑ City Council Review ❑ Final Plat Modification ❑ UDC Text Amendment ❑ Comprehensive Plan Amendment — Map ❑ Planned Unit Development ❑ Vacation ❑ Comprehensive Plan Amendment — Text ❑ Preliminary Plat ❑ Variance ❑ Conditional Use Permit ❑ Private Street ❑ Other Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months. .......................... Vicinity ........................ ...................... ....................................................................................._....._.................................................._....................... Map 0 0.35 t Date: 1/9/2019 r. ktoborini Thanks, Kim Tabarini I Administrative Assistant II City of Meridian I Community Development 33 E. Broadway Ave., Suite 102 Meridian, Idaho 83642 Phone: 489-0570 E IDIAtl --- DAH Community Development Deportment Parcel Verification Date: 12/19/18 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Parcel Numbers: T/R/S: Property Owner: Eagle Commons at Overland R6819220210 R6819220220 R6819230110 R6819230210 R6819240210 3N 1E 16 (2.002 Acres) (1.184 Acres) (4.352 Acres) (1.482 Acres) (2.342 Acres) James A. Kissler, LLC 1591 E. Sendero Dr. Boise, ID 83712 Address Verification Rev: 04/23/12 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) AI<; ssuuz.) L. LC— (name) C— r 1 n ( ) (address) ame (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: (name) (address) to submit the accompanying application(s) pertaining to that property. 2. T agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). kk Dated this 11 _day of _16,-6 ern 4 S x. - , 20_ (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. KNMJO DE LEON 1+ OTAR1(p1161.IO•STATEOF IWWO COMASS WNtlMBHtUM WCOMMISM DW MO.2140 (Notary Public for Idaho) Residing at: �� Z_ My Commission Expires: % t Community Development a Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www,meridiianQ'tv.or&[21mu tyg COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. Ap lican a en signature Date Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/planning W WHITE-LEASURE DEVELOPMENT COMPANY January 16, 2019 Meridian City Council 33 E Broadway Ave Meridian, ID 83642 Re: Development Agreement Modification — Oxygen Subdivisions # 1, 2, & 3 Dear Members of the Meridian City Council, I have had the opportunity to meet with the developer regarding the Modification to the Development Agreement for Oxygen Subdivisions # 1, 2, and 3 (James A. Kissler, LLC) property. After reviewing proposed future plans, it appears that to simplify the process it would be in everyone's interest to eliminate the Development Agreement altogether and let the current zoning dictate what can and cannot be built there. Since the extension of Silverstone Road has been completed, there are only two (2) items remaining that need to be completed that are associated with the development of these subdivisions: 1. The extension of the pathway along Five M11e Creek 2. Improvements to Rackham Way These items would be completed upon development of the parcels adjacent to the pathway and Rackham Way. Thank you for your consideration for this request. tvr�4�-�_ N4ne !!!!!! I2Z_ "'g e -� , / i i`� I gm Y2— Address ADA COUNTY RECORDER Christopher D Rich 201$_106292 BOISE IDAHO Pgs=3 DAN RYALLS 11/0612018 03:58 PM THE LAND GROUP AMOUNT $15 00 Ilillll1111l1111 1111111111 QUITCLAIM DEED FOR VALUE RECEIVED James A. Kissler, LLC, an Idaho limited liability company do(es) hereby convey, release and forever quitclaim unto: James A. Kissler, LLC, an Idaho limited liability company whose current address is: the following described premises, to -wit - See attached Exhibit A legal description ,Tames A. KLC By: f James . Kissler Its: Member Date: Notary Acknowledgment — see page 2 STATE OF IDAHO ) ss. County of �� ) On thisAla day of C(' . &, d[ , in the year 2018, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared James A. Kissler, known or identified to me to be the Member of James A. Kissler, LLC, an Idaho limited liability company, and the same person that executed this instrument on behalf of said James A. Kissler, LLC, an Idaho limited liability company. IN WITNESS WHEREOF, l have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. OM NOTARY PU41C for Idaho NOWiYPt1ow-giATEOFID" Residing at ;'�'' " Idaho �N My commission expires: = 1 W COMM SSION OPM p.27�,20Q2 May 31, 2018 Project No. 116091 Exhibit A THE LAND GROUP, INC. OXYGEN SUBDIVISION PBA PARCEL "A" DESCRIPTION A parcel of land being a portion of Lot 2 Block 1 of Oxygen Subdivision No. 1, as same is shown on the official Plat thereof, recorded in Book 113 of Plats at Page 16695 of Ada County Records, and a portion of Lot 5, Block 1 of Oxygen Subdivision No. 3, as same Is shown on the official plat thereof, recorded In Book 113 of Plats at Page 16706 of Ada County Records, being located in the Southwest One Quarter of the Southwest One Quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the North Lot corner common to Lots 1 and 2, Block 1 of said Oxygen Subdivision No. 1(from which point the Northeast corner of said Lot 1 bears South 89'14'37" East, 347.72 feet distant), said North Lot corner common to Lots 1 and 2 being the POINT OF BEGINNING; Thence South 00° 22'59" East, a distance of 265.81 feet on the Lot line common to said Lots 1 and 2; Thence South 89' 36'37" West, a distance of 324.06 feet; Thence North 00' 22'59" West, a distance of 272.29 feet to a point on the northerly Lot line of Lot 5, Block 1 of said Oxygen Subdivision No. 3; Thence South 89° 14' 37" East, a distance of 324.12 feet on the north Lot line of said Lots 5 and 2 to the POINT OF BEGINNING. The above described parcel contains 2.00 acres more or less. PREPARED BY: THE LAND GROUP, INC. James R. Washburn r - Site Planning v landscape Architecture & Civil Engineering e Golf Course Irrigation & Engineering a Graphic Design . Surveying 462 E. Shore Drive, Suite 100 - Eagle, Idaho 83616 o P 208.939.4041 o www.thelandgroupinc,com 95095-790. ADIA 0 . RECORDER ORDIUM= ■O. 719 80iSc 175 N, yy PM g: Sd An ORDINA14CE OF THE CITY OF MERIDIAN ANNEXING "NW REAL PROPLRTY WHICH 13 DESCRIBED AS A PARCEL OF jjW MD NW 1/4 AND THE SW 1/4 OP SECTION 16, TOWNSHIP 3 W,,jRAXG1' TQF OF TEE BOISE MERIDIANI, ADA COUNTY, IDAHO;� EF'F$CTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 belowt 196COU0539 w)w, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, ,Ada County, Idaho: section 1. That the real property described ass A parcel of land located its the NW 1/4 and the SW 1/4 of Section 16, Township 3 north, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Ccwmencing at the Southwest corner of Section 26, T.3N., R.1E., B.M., thence S 89'22'54" E 818.95 foot to a point on the South line of said Section 16, the Real Point of beginning of this description; Thence N 0.37.06' E 25.00 feet to a point on the northerly right of xray of Overland Road; Thence N 36.52'54" W 485.74 feet to a point; Thence N 66.51'55" W 261.30 feet to a point; Thence H 0024105" B 140.10 feet to a point; Thence N 51.28.56" W 384.81 to a point on the West line of said Section 16, being the East line of Annexation Ordinance #660. Thence N 0149123" W (formerly N 0.41132" W) 1766.71 feet along the Easterly boundary of Annexation Ordiance #660 to the West 1/4 corner of said Section 16; Thence S 89.23135" S (formerly S 69014147" S) 149.48 feet along the Easterly boundary of Annexation Ordinance 6660 to a point; Auxz=TIOK ORDIM>UCM - L N"I/PGWiM MALii. Page I 19GUC(,'0540 Thence N 0.45.08" 3 54.75 feet ( formerly N 00451130 E 56.92 feet) along the Easterly boundary of Annexation ordinance #660 to a point on the Southerly boundary of annexation Ordinance #659 which is also the (northerly right of way line of I-84; Thenoe N 89.09'38" B 758.53 feet along the Southerly boundary of Annexation ordinance #659 to a point: Thence S 85.45'08" S 438.46 foot to the Southeast corner of Annexation ordinance 0659; Thence S 85.44030' 8 1176.86 feet along the Northerly right of way of 1-84 to a point; Thence S 89'54'21" E 172.98 feat along said Northerly right of way to a point on the East line of the SW 1/4 of said Section 16; Thence S 0.13'49" E 1299.59 feet along said Bast line to the Northeast corner of Jewel Subdivision; Thence N 89.23' 14" W 1339.40 feet to the Northwest corner of Jewel Subdivision; Thence S 0.31136" E 1326.93 feet to the :lest 1/16 corner common to Sections 16 and 21, T.3N., R.19; Thence N 89.22154" W 513.59 feet along the South line of said Section 16 to the Real point of Beginning of this description. is hereby annexed to the City of Meridian, and shall be zoned C -G General Retail and Service Commercial; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and newer at his expense and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. AMM IAT10M ORDISLU i - LAWMY/POWM MLLL Pogo 2 19GUC�U541 C. That, as a condition of annexation, the Applicant shall be required to enter into a developat agreement an authorized by 11-2-616 L and 11-2-417 D; that the development agreement shall address inclusion into development of the property the requirements of 11-9-60S C, G., 9 2, X, and L of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de -annexed if the terms and conditions of the Development Agreement are not satisfied. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. !feet the requirements and conditions of the Findings of Fact and Conclusions of Law and Meet the Ordinances of the City of Meridian. q. There shall be no development or use, whatsoever, of the property other than a Planned Cownrcial Development. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and snap, which shall plainly and clearly designate the boundaries of said property, to be filed With the Ada County Recorder, Ada County Assessor, and the State Tax Connission within ten (10) days following the effective date of this ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 19th day of December, 1995. AVXXX 109 ORDINANC= - LMNMT/POKM NAM page 3 19COCCO542 APPRMD= M71YOR -- GRANT P. XIAWFORD IAM G. BERG, JR - ITY CLERX STATE OF IDAHO,) on. County of Ada, ) BEAL - �rrhr rrm rr r �+v�,+ I, WILLIAM G. BERG, SJR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED Ili THE NN 1/4 AND THE SW 1/4 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDA80; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. 71$„_, by the City Council and Mayor of the City of Meridian, on the 19th day of December, 1995, as the same appears in my office. DATED this 19th day of December, 1995. h � C ty Clerk, City of N*fiJK&n Ada County, Idaho A=MMTI0K 01MINAMM - IJUMMI/POM M MALL PS9h 4 STATE -or IDABo, ) ss. County of Ada, ) On this _Vq 41'day of December, 1995, before me, the undersigned, a notary Public in and for said State, personally appeared NILLIM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same• Iti WITNESS NHRMF, I have hereunto set ■y hand and affixed my official seal the day and year in this certificate first above written. .,•��••••,,,00 �. f R FC4''..* 0'2 01 jt r �Dls SEAL y Not Public 11ge Idaho ding at dian, Idaho %,4ou71.\G *= my Commission Expires Y.ZS-��_� Q a♦Of 0 AXmSWMXOX MWZNAP= - IAWQL=/raM M yaw. rage 5 fff•i•/t •% Aft r — a y tirti fd r i' Wr br r i�� how ome 00 ��+ V •r.1�+�� l M tff4 ��• 300